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:Thursday, October 12, 2017
Re:Whether an elected constable and his deputies may simultaneously serve under the sheriff, specifically to perform tasks related to the duties of a weight enforcement officer under Transportation Code chapter 621
Requestor:The Honorable Matthew C. Poston
Liberty County Attorney
1923 Sam Houston, Suite 202
Liberty, Texas 77575
Received:Thursday, October 12, 2017
Re:Municipal police jurisdiction beyond the city limits
Requestor:The Honorable Elmer C. Beckworth
Cherokee County District Attorney
Post Office Box 450
Rusk, Texas 75785
Received:Tuesday, October 10, 2017
Re:To what extent the Texas Commission on Environmental Quality may consider a recommendation from a local government to deny a permit for a facility because the facility is incompatible with the local governments zoning or land use ordinances
Requestor:The Honorable Joseph C. Pickett
Chair, Committee on Environmental Regulation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Friday, October 6, 2017
Re:Whether the term direct recording electronic voting machine as used in subsection 121.003(12) of the Election Code includes voting machines that produce paper ballots
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Monday, September 25, 2017
Re:Whether postmortem toxicological analysis conducted pursuant to the request of a medical examiner or forensic pathologist is subject to accreditation requirements of the Forensic Science Commission
Requestor:Jeffrey Barnard, M.D.
Chair, Forensic Science Commission
1700 North Congress Avenue, Suite 445
Austin, Texas 78701
Received:Thursday, September 21, 2017
Re:Authority of a county commissioners court to implement a health wellness plan that includes a monthly payroll deduction for county employees who use tobacco products
Requestor:The Honorable Rod Ponton
Presidio County Attorney
Post Office Drawer M
Marfa, Texas 79843
Received:Friday, September 15, 2017
Re:Whether and when a municipal law enforcement agency is authorized or required to release audio or video recordings from a body worn camera to members of the public, members of the governing body of the municipality, and civilian employees of the municipality
Requestor:The Honorable Eddie Lucio, Jr.
Chair, Committee on Intergovernmental Relations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Friday, September 15, 2017
Re:The establishment and funding of salaries for a court administrator and court reporter in a multicounty court at law
Requestor:The Honorable Lisa L. Peterson
Nolan County Attorney
100 East 3rd Street, Suite 106A
Sweetwater, Texas 79556
Received:Tuesday, September 12, 2017
Re:Whether the administrative fee provisions of subsection 228.0547(b) of the Transportation Code apply to an entity operating a toll lane pursuant to section 228.007(b) of the Transportation Code
Requestor:The Honorable Joseph C. Pickett
Chair, Committee on Environmental Regulation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Friday, September 8, 2017
Re:Which body worn camera recordings an officer may review, pursuant to Occupations Code subsection 1701.655(b)(5), before making a statement about an officer-involved incident
Requestor:The Honorable Faith Johnson
Dallas County Criminal District Attorney
133 North Riverfront Boulevard, L.B. 19
Dallas, Texas 75207-4399
Received:Tuesday, August 22, 2017
Re:Whether veterans with Veterans Affairs home loans may execute a cash-out refinance loan on their homestead property
Requestor:The Honorable Roland Gutierrez
Chair, Committee on Defense and Veterans Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Friday, August 18, 2017
Re:Whether a county may transfer funds from the road and bridge account to a general account to pay all or a portion of a commissioners salary when the commissioner spends a substantial portion of time performing road and bridge maintenance
Requestor:The Honorable J. Bryan Clayton
Concho County Attorney
Post Office Box 236
Paint Rock, Texas 76866
Received:Friday, August 18, 2017
Re:Authority under article III, section 52(a) of the Texas Constitution of a Type A general-law municipality to expend funds on various tasks related to events sponsored by the area chamber of commerce, such as Christmas on the Plaza and Petersburg Days
Requestor:The Honorable James M. Tirey
Hale County Attorney
500 Broadway, Suite 340
Plainview, Texas 79072
Received:Thursday, August 17, 2017
Re:Whether a county commissioners court may deny a county judge longevity pay due to receipt of a state salary supplement pursuant to section 26.006 of the Government Code
Requestor:The Honorable James Caleb Henson
Leon County Attorney
Post Office Box 429
Centerville, Texas 75833
Received:Wednesday, August 9, 2017
Re:Whether certain Department of Insurance regulations regarding Health Reimbursement Arrangement are preempted by recent changes to the Internal Revenue Code
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water & Rural Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Tuesday, July 25, 2017
Re:Authority of the West Travis County Public Utility Agency to impose impervious cover requirements
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, June 29, 2017
Re:Whether an appraisal district is authorized to modify the boundary of a school district upon receipt of information indicating the survey line was inaccurate
Requestor:The Honorable Abel Herrero
Chair, Committee on Land & Resource Management
Post Office Box 2910
Austin, Texas 78768-2910
Received:Friday, June 23, 2017
Re:County authority related to a court's registry account
Requestor:The Honorable Gene Stump
Franklin County Attorney
200 North Kaufman
Mt. Vernon, Texas 75457
Received:Friday, June 23, 2017
Re:Whether an attorney serving a county pursuant to a collection contract under article 103.0031 of the Code of Criminal Procedure may collect delinquent restitution owed to a crime victim
Requestor:Ms. Shelly Atteberry
Cooke County Auditor
101 South Dixon Street
Gainesville, Texas 76240
Received:Monday, June 12, 2017
Re:Authority of a county commissioners court under Local Government Code section 111.062 to appoint two part-time employees to fulfill the functions of a county budget officer, and the applicability of incompatibility rules to the appointed employees
Requestor:Mr. Leo Flores
Webb County Auditor
1110 Washington Street, Suite 201
Laredo, Texas 78040
Received:Friday, May 26, 2017
Re:Whether a general law municipality may collect dues on behalf of homeowners associations in exchange for partial payment of the municipality's accounting expenses
Requestor:The Honorable Patrick M. Wilson
Ellis County & District Attorney
109 South Jackson
Waxahachie, Texas 75165
Received:Thursday, May 11, 2017
Re:Whether the 180-day restriction in subsection 393.201(b)(2) of the Finance Code creates a time frame only for obtaining a loan or a time frame for completing a loan and related security and servicing
Requestor:The Honorable Dan Flynn
Chair, Committee on Pensions
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, May 2, 2017
Re:Whether the possession and sale of the Mossberg Shockwave firearm in Texas is permitted under Texas law
Requestor:The Honorable Phil King
Chair, Committee on Homeland Security and Public Safety
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, September 5, 2013
Re:Whether the Texas Constitution prohibits the Texas Military Forces from fulfilling the United States Department of Defenses 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