THE ATTORNEY GENERAL OF TEXAS
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.

RQ-0106-KP
Received:Monday, April 11, 2016
Re:Whether an appointing member cityâs governing body may remove a director it has appointed to the North Texas Municipal Water District
Requestor:The Honorable Jim Keffer
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0105-KP
Received:Monday, April 11, 2016
Re:Whether a county commissioners court has authority to expend county funds on holiday decorations and county literacy programs
Requestor:The Honorable Billy W. Byrd
Upshur County Criminal District Attorney
405 North Titus Street
Gilmer, Texas 75644
   
RQ-0105-KP
Received:Tuesday, November 30, 1999
Re:
Requestor:
   
RQ-0104-KP
Received:Monday, April 4, 2016
Re:Whether a member of a board of trustees of an independent school district may simultaneously serve as a member of a city planning and zoning commission
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-0103-KP
Received:Thursday, March 17, 2016
Re:Procedures for requesting video surveillance of special education settings pursuant to Education Code section 29.022
Requestor:Mike Morath, Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0102-KP
Received:Wednesday, March 16, 2016
Re:Whether section 49.052 of the Water Code disqualifies an employee of the County Attorneyâs Office from serving as a member of the board of a water control and improvement district in the same county, when the County Attorney also provides professional legal services to the water district
Requestor:The Honorable Rodolfo V. Gutierrez
Jim Hogg County Attorney
Post Office Box 847
Hebbronville, Texas 78361
   
RQ-0101-KP
Received:Thursday, March 10, 2016
Re:Whether the State is required to assume liability when a local retirement system created pursuant to article 6243 of the Texas Civil Statutes is unable to meet its obligations
Requestor:The Honorable Jim Murphy
Chair, Committee on Ways and Means
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0100-KP
Received:Friday, February 26, 2016
Re:Whether a commissioners court may impose a vehicle policy that regulates the use, deployment, recording, and tracking of vehicles used by the sheriff
Requestor:The Honorable Wiley B. McAfee
33rd & 424th Judicial Districts
Post Office Box 725
Llano, Texas 78643
   
RQ-0099-KP
Received:Wednesday, February 17, 2016
Re:The constitutionality of a volunteer justice court chaplaincy program and opening daily judicial proceedings with a prayer
Requestor:The Honorable Dan Patrick
Lieutenant Governor of Texas
Post Office Box 12068
Austin, Texas 78711-2068

Ms. Seana Willing, Executive Director
State Commission on Judicial Conduct
Post Office Box 12265
Austin, Texas 78711-2265
   
RQ-0097-KP
Received:Thursday, February 11, 2016
Re:Whether a non-profit entity that has offices on land owned by a municipality may restrict the carrying of concealed handguns on the property
Requestor:The Honorable Lisa Pence
Erath County Attorney
100 West Washington
Stephenville, Texas 76401
   
RQ-0096-KP
Received:Friday, February 12, 2016
Re:Authority if the Texas Lottery Commission to deny, suspend, or revoke a lottery ticket sales agent license in specific instances
Requestor:Chairman J. Winston Krause
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
   
RQ-0095-KP
Received:Wednesday, February 10, 2016
Re:Whether and to what extent limitations exist on the Facilities Commissionâs ability to renew leases for space under section 2167.055 of the Government Code
Requestor:The Honorable Angie Chen Button
Chair, Committee on Economic & Small Business Development
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0094-KP
Received:Tuesday, February 9, 2016
Re:Application of the conflict of interest rules in chapter 171 of the Local Government Code to members of a Planning and Zoning Commission or a Historic Landmark Commission who reside or own property within the historic district
Requestor:The Honorable Joe Deshotel
Chair, Committee on Land and Resource Management
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0093-KP
Received:Wednesday, January 27, 2016
Re:Whether a county may participate in a non-profit organizationâs flag project
Requestor:Ms. Brandy Lee
Upshur County Auditor
Post Office Box 730
Gilmer, Texas 75644
   
RQ-0092-KP
Received:Wednesday, January 27, 2016
Re:The status of Insurance Code article 21.52B, subsection 2(2), the Any Willing Pharmacy Statute, in light of federal court decisions
Requestor:The Honorable Charles Schwertner
Chair, Committee on Health and Human Services
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068

The Honorable Todd Hunter
Chair, Committee on Calendars
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0091-KP
Received:Friday, January 22, 2016
Re:Whether a school district board of trustees may fill a vacancy through special election on a uniform election date more than 180 days from the onset of the vacancy
Requestor:The Honorable Ana Markowski Smith
Val Verde County Attorney
207 East Losoya Street
Del Rio, Texas 78840
   
RQ-0090-KP
Received:Friday, January 8, 2016
Re:Whether the Rusk County School District tax violates article VIII, section 1-e of the Texas Constitution
Requestor:The Honorable Micheal E. Jimerson
Rusk County and District Attorney
115 North Main Street, Suite 302
Henderson, Texas 75652
   
RQ-0088-KP
Received:Thursday, December 31, 2015
Re:Whether a school district board of trustees may enter into a contract for legal services under a flat fee arrangement
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0087-KP
Received:Monday, December 28, 2015
Re:Requirements for a municipalityâs posting of notice regarding the carrying of handguns
Requestor:The Honorable Carlos Omar Garcia
79th Judicial District Attorney
Jim Wells and Brooks Counties
Post Office Drawer 3157
Alice, Texas 78333
   
RQ-0086-KP
Received:Monday, December 21, 2015
Re:The legal status of real property described by section 12.128 of the Education Code that is returned to the state from a charter school
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0085-KP
Received:Monday, December 21, 2015
Re:Application of section 39.112 of the Education Code to a board of managers in specific circumstances
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
   
RQ-0084-KP
Received:Friday, December 18, 2015
Re:Whether rental property ownerâs use of an online payment option that is accompanied by a convenience fee involves the imposition of a credit card surcharge in violation of state law
Requestor:The Honorable James Keffer
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0083-KP
Received:Friday, December 18, 2015
Re:The extent to which a judge may refuse to apply the law of a jurisdiction outside of the United States in certain family law disputes
Requestor:The Honorable Dan Flynn
Chair, Committee on Pensions
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0081-KP
Received:Monday, November 23, 2015
Re:Whether an institution of higher education may enter into a contract with a business entity in which an institutionâs board member has an interest
Requestor:The Honorable Jane Nelson
Chair, Committee on Finance
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0080-KP
Received:Monday, November 30, 2015
Re:Ownership of interest earned on county taxes held by the appraisal district
Requestor:The Honorable Lori J. Kaspar
Hood County Attorney
1200 West Pearl Street
Granbury, Texas 76078
   
RQ-0079-KP
Received:Wednesday, November 25, 2015
Re:Whether article III, section 52 of the Texas Constitution prohibits a county from providing financial assistance to a non-profit organization
Requestor:Ms. Christina Moreno
Bandera County Auditor
Post Office Box 563
Bandera, Texas 78003
   
RQ-0078-KP
Received:Wednesday, November 25, 2015
Re:What qualifies as a "judicial function" of a county judge such that the judge may claim a state salary supplement under section 26.006 of the Government Code
Requestor:Ms. Betty Jez
Austin County Auditor
1 East Main Street
Bellville, Texas 77418
   
RQ-0077-KP
Received:Friday, November 20, 2015
Re:Whether river authorities may adopt regulations that prohibit the possession of firearms on river authority parklands
Requestor:Mr. Ronald Kubecka, President and Chair
Lavaca-Navidad River Authority Board of Directors
Post Office Box 429
Edna, Texas 77957
   
RQ-0075-KP
Received:Tuesday, November 17, 2015
Re:Whether a criminal district attorney may use forfeiture funds to investigate operations of a juvenile detention center
Requestor:Ms. Judy McAdams
Victoria County Auditor
115 North Bridge, Room 122
Victoria, Texas 77901
   
RQ-0074-KP
Received:Tuesday, November 17, 2015
Re:State compliance with restrictions on federal refugee dollars
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water, and Rural Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78701-2068
   
RQ-0073-KP
Received:Thursday, November 12, 2015
Re:The effect of section 113.054 of the Natural Resources Code on a political subdivisionâs authority to adopt and enforce ordinances relating to the liquefied petroleum gas industry
Requestor:The Honorable Drew Darby
Chair, Committee on Energy Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0072-KP
Received:Thursday, November 12, 2015
Re:Whether the tax on crude oil petroleum produced in this state remains in effect in light of the Eighty-fourth Legislature�s passage of Senate Bill 757 and House Bill 7
Requestor:Mr. Lindil C. Fowler, Jr.
Interim Executive Director
Railroad Commission of Texas
Post Office Box 12967
Austin, Texas 78711-2967
   
RQ-0070-KP
Received:Tuesday, November 10, 2015
Re:Questions related to an emergency service districtâs sales and use tax election that failed to exclude territory where the sales tax was already capped at two percent
Requestor:The Honorable J.D. Lambright
Montgomery County Attorney
501 North Thompson, Suite 300
Conroe, Texas 77301
   
RQ-0069-KP
Received:Tuesday, November 10, 2015
Re:Whether a county is responsible for costs associated with transporting a corpse from an autopsy to its final destination
Requestor:Ms. Jean Olinger, Presiding Officer
Texas Funeral Service Commission
Post Office Box 12217
Austin, Texas 78711
   
RQ-0068-KP
Received:Monday, November 9, 2015
Re:Whether licensed physical therapists are authorized to practice trigger point dry needling
Requestor:Mr. Allen Cline, Chairman
Texas State Board of Acupuncture Examiners
Post Office Box 2018
Austin, Texas 78768-2018
   
RQ-0067-KP
Received:Friday, November 6, 2015
Re:Whether Tax Code section 33.06 authorizes ad valorem property tax deferral on mixed-use property
Requestor:Ms. Lisa Smith
Bastrop County Auditor
804 Pecan Street
Bastrop, Texas 78602
   
RQ-0066-KP
Received:Thursday, November 5, 2015
Re:Whether the Texas Board of Professional Geoscientists has implied authority under Occupations Code chapter 1002 to accept and place limits on the voluntary surrender of a license
Requestor:Mr. Charles Horton, Executive Director
Texas Board of Professional Geoscientists
Post Office Box 13225
Austin, Texas 78711-3225
   
RQ-0065-KP
Received:Tuesday, November 3, 2015
Re:Administration and audit of accounts maintained by a county sheriff
Requestor:The Honorable C. R. (Kit) Bramblett
Hudspeth County Attorney
Post Office Box 221528
El Paso, Texas 79913-1528
   
RQ-0064-KP
Received:Tuesday, November 3, 2015
Re:Administration of funds received through the federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act
Requestor:Mr. Richard A. Hyde, Executive Director
Texas Commission on Environmental Quality
Post Office Box 13087
Austin, Texas 78711
   
RQ-0033-KP
Received:Wednesday, July 15, 2015
Re:Authority of a commissioners court, after adoption of the budget, to adopt a standing budget policy that automatically reduces the salary line item of an employee of an elected official upon the employee's departure from the position
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-1150-GA
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
   
RQ-1105-GA
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