Ken Paxton

Pending Opinion Requests

You can subscribe to the OAG's Pending Opinion Requests list. If you subscribe, you will receive an email informing you of newly posted Requests for Attorney General Opinions. The email will include a link to the pending Opinion Request as well as a brief summary.

The following requests (RQs) have been received by the Opinion Committee, and are currently pending. If you wish to view the request letter in its entirety, go here, and select the desired request letter from the index, or click on the RQ number below.

The Opinion Committee encourages interested parties to submit legal briefs. We ask that a requestor submit a brief with the requestor's opinion request. We encourage anyone else who is interested in a pending opinion request to submit a brief within 20 days of the date we receive the opinion request. Please review the information on the How To Request An Attorney General Opinion page for details about the briefing process.

Received:Wednesday, March 22, 2017
Re:Whether affidavits regarding ownership of real property by adverse possession may be recorded with the county clerk pursuant to section 12.001(a) of the Property Code
Requestor:The Honorable Joseph D. Brown
Grayson County Criminal District Attorney
200 South Crockett, Suite 116A
Sherman, Texas 75090
Received:Wednesday, March 22, 2017
Re:The validity of local stock law elections held under statutes in effect in 1918
Requestor:The Honorable Richard E. Glaser
Fannin County Criminal District Attorney
101 East Sam Rayburn Drive, Suite 301
Bonham, Texas 75418
Received:Wednesday, March 8, 2017
Re:Which party pays for the copy of the reporter’s record filed with the trial court clerk pursuant to Rule of Appellate Procedure 34.6(h)
Requestor:The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, Room 206
Corpus Christi, Texas 78401-3681
Received:Tuesday, February 28, 2017
Re:Whether a commissioners court may fund the county fire marshal and safety coordinator through revenue generated by a sales and use tax imposed pursuant to chapter 324 of the Tax Code
Requestor:Mr. Tony Sims
Chambers County Auditor
Post Office Box 910
Anahuac, Texas 77514
Received:Thursday, February 23, 2017
Re:Requirements for signatures on a petition filed in connection with a candidate’s application for a place on the ballot
Requestor:The Honorable Jodie Laubenberg
Chair, House Committee on Elections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, February 21, 2017
Re:Whether a commissioners court may enter an order authorizing the treasurer to pay certain types of claims and bills prior to presenting the actual claims or bills to the commissioners court
Requestor:The Honorable David P. Weeks
Walker County Criminal District Attorney
1036 11th Street
Huntsville, Texas 77340
Received:Tuesday, February 14, 2017
Re:Whether certain expenditures of commissary proceeds violate section 351.0415 of the Local Government Code
Requestor:Mr. Brandon S. Wood, Executive Director
Texas Commission on Jail Standards
Post Office Box 12985
Austin, Texas 78711
Received:Monday, February 13, 2017
Re:Whether the State may obtain a waiver of a defendant's right to seek expunction of the record of arrest for the offense for which it places the defendant in pre-trial diversion
Requestor:The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, Room 206
Corpus Christi, Texas 78401-3681
Received:Thursday, February 2, 2017
Re:Whether relatives of public officials may perform uncompensated work for the official’s office without violating nepotism laws if the relatives receive reimbursement of actual expenses or a per diem expense payment
Requestor:The Honorable James M. Tirey
Hale County Attorney
500 Broadway, Suite 340
Plainview, Texas 79072
Received:Wednesday, January 18, 2017
Re:Whether charitable organizations may conduct raffles that award alcoholic beverages as the prize
Requestor:The Honorable Audrey Louis
81st Judicial District Attorney
1327 3rd Street
Floresville, Texas 78114-1961
Received:Thursday, December 15, 2016
Re:Application of section 571.140 of the Government Code to sworn complaints filed with the Texas Ethics Commission when those complaints become the subject of litigation
Requestor:Mr. Chase Untermeyer, Chair
Texas Ethics Commission
Post Office Box 12070
Austin, Texas 78711-2070
Received:Thursday, December 15, 2016
Re:Application of section 552.1175 of the Government Code to reports filed with the Texas Ethics Commission that by statute must be made available to the public
Requestor:Mr. Chase Untermeyer, Chair
Texas Ethics Commission
Post Office Box 12070
Austin, Texas 78711-2070
Received:Wednesday, November 30, 2016
Re:Whether municipal courts are authorized to report juvenile convictions for drug paraphernalia offenses to the Texas Department of Public Safety
Requestor:The Honorable Harold V. Dutton, Jr.
Chair, Committee on Juvenile Justice and Family Issues
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Friday, November 18, 2016
Re:Construction of the term “disabled” in section 82.002 of the Elections Code as applied to individuals civilly committed pursuant to chapter 841 of the Health and Safety Code
Requestor:The Honorable Scott A. Say
Lamb County and District Attorney
100 6th Drive, Room 111
Littlefield, Texas 79339
Received:Thursday, November 10, 2016
Re:Applicability of the International Energy Conservation Code to new school district building construction after November 1, 2016
Requestor:The Honorable Marco Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
Received:Thursday, November 10, 2016
Re:Scope of residence homestead tax exemption in Tax Code section 11.13(l)(2)(B)
Requestor:The Honorable Rodney W. Anderson
Brazos County Attorney
300 East 26th Street, Suite 1300
Bryan, Texas 77803
Received:Monday, November 7, 2016
Re:Authority of a county that establishes a veterans treatment court program under Government Code chapter 124 to direct and control administrative details including the hiring and supervision of grant-funded personnel
Requestor:The Honorable Nicholas LaHood
Bexar County Criminal District Attorney
101 West Nueva, 7th Floor
San Antonio, Texas 78205-3030
Received:Monday, October 24, 2016
Re:When a search warrant affidavit becomes executed and thus publicly available under Code of Criminal Procedure article 18.01(b)
Requestor:The Honorable James Hicks
Taylor County Criminal District Attorney
300 Oak Street, Suite 300
Abilene, Texas 79602-1577
Received:Tuesday, October 25, 2016
Re:Whether the computation of state funding for school districts receiving additional state aid for tax reduction must include local option homestead exemptions that were determined to be unauthorized in Attorney General Opinion KP-0072 (2016)
Requestor:Mr. Michael Morath
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Received:Monday, October 17, 2016
Re:Whether certain funds received by Texas Health Services Authority are public funds under the Public Funds Investment Act, chapter 2256 of the Government Code
Requestor:David Fleeger, M.D.
Chair, Board of Directors
Texas Health Services Authority
5900 Southwest Parkway
Building 2, Suite 201
Austin, Texas 78735
Received:Friday, October 14, 2016
Re:Which official has authority to appoint associate judges to preside over proceedings for court-ordered mental health services pursuant to section 574.0085 of the Health and Safety Code
Requestor:The Honorable Nicholas LaHood
Bexar County Criminal District Attorney
101 West Nueva, 7th Floor
San Antonio, Texas 78205-3030
Received:Tuesday, October 11, 2016
Re:Whether Texas election judges are required to take the oath of office prescribed by Texas Constitution article 16, section 1
Requestor:The Honorable Jo Anne Bernal
El Paso County Attorney
500 East San Antonio
El Paso, Texas 79901
Received:Tuesday, October 4, 2016
Re:Which type of bond is required of a county attorney who also performs the functions of a district attorney
Requestor:The Honorable Martin Placke
Lee County Attorney
200 South Main, Room 305
Giddings, Texas 78942
Received:Tuesday, October 4, 2016
Re:The effect of a conviction in another state, and a subsequent restoration of rights by the other state, on an individual's ability to run for or hold public office in Texas
Requestor:The Honorable Jerry D. Rochelle
Bowie County Criminal District Attorney
601 Main
Texarkana, Texas 75504
Received:Friday, July 22, 2016
Re:Whether a county attorney who is appointed to serve as a special prosecutor may be paid additional compensation
Requestor:Mr. Rick Dollahan
Gaines County Auditor
Post Office Box 847
Seminole, Texas 79360
Received:Friday, July 22, 2016
Re:Administration and procedures related to motor vehicle registration
Requestor:The Honorable Joseph Pickett
Chair, Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, July 21, 2016
Re:Whether certain financial transactions of the San Jacinto River Authority comply with the Public Funds Investment Act and the Public Funds Collateral Act
Requestor:Mr. Lloyd B. Tisdale
President, San Jacinto River Authority
Post Office Box 329
Conroe, Texas 77305
Received:Monday, July 18, 2016
Re:Statutory authority of the Forensic Science Commission, the admissibility of certain forensic analyses in Texas courts, and reporting requirements for certain crime laboratories
Requestor:Dr. J.M. Di Maio, Presiding Officer
Texas Forensic Science Commission
1700 North Congress Avenue
Austin, Texas 78701
Received:Thursday, September 5, 2013
Re:Whether the Texas Constitution prohibits the Texas Military Forces from fulfilling the United States Department of Defense's policy of extending spousal benefits to same-sex spouses
Requestor:Major General John F. Nichols
Adjutant General of Texas
Post Office Box 5218
Camp Mabry
Austin, Texas 78763-5218
Received:Friday, January 25, 2013
Re:Whether a county is a "covered entity" under Health and Safety Code section 181.001(b)(2) and is thereby subject to the Health Insurance Portability and Accountability Act
Requestor:The Honorable Bill Moore
Johnson County Attorney
204 South Buffalo Avenue, Suite 410
Cleburne, Texas 76033