Ken Paxton

By operation of section 223.2012(b) of the Transportation Code, the Legislature granted the Department of Transportation authority to enter into facility agreements under the North Tarrant Express Comprehensive Development Agreement when the Department considers it advantageous to do so.

A court would likely conclude that the Department may use a change order to expand the scope of work within a facility agreement as long as that work is encompassed in the scope of work under the comprehensive development agreement.

Subsection 229.00I(a)(l) of the Local Government Code prohibits a municipality from regulating the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies. Subsection 229.001(b)(3) excepts from this prohibition a municipality's regulation on the use of property or businesses and the location of businesses as long as the regulation does not circumvent the intent of subsection (a)(l).

Subsection 141.00I(a)(4) of the Election Code provides that to be eligible as a candidate for public office a person must "have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities."

The restoration of a convicted felon's qualification to vote under Election Code subsection 1 l.002(a)(4)(A) after fully discharging a sentence does not restore his or her eligibility to hold public office under Election Code subsection 141.001(a)(4).

A court would likely conclude that the deadline provisions of sections 843.338 and 1301.103 of the Insurance Code relate to prompt payment and, therefore, apply to claims filed by out-ofnetwork emergency care providers pursuant to section 843.351 or 1301.069 of that Code. However, a court would likely conclude that the penalty provisions in sections 843.342 and 1301.137 do not apply to claims filed by out-of-network emergency care providers pursuant to sections 843.351 or 1301.069.

While Texas Code of Criminal Procedure article 2.13 imposes a duty on peace officers to prevent and suppress crime, policies that encourage officers to seek alternative methods of pursuit in an attempt to ensure the safety of the public and law enforcement officers generally do not conflict with this duty.

A court would likely conclude that the law enforcement
authority granted by article 2.122(b) of the Texas Code of Criminal
Procedure applies to officers and agents of the Federal Protective
Service appointed under 40 U.S.C. § 1315.

A court would likely conclude that a groundwater conservation district does not have the authority to define "agricultural crop" as "food or fiber commodities grown for re.sale of commercial purposes that provide food, clothing, or animal feed" to the extent that it excludes other products that constitute an agricultural crop under section 36.001 of the Water Code.

A court would likely determine that the Metropolitan Transit Authority's contract with the voters included the expenditure of a portion of the bond proceeds on the Uptown/West Loop 4.4 mile rail segment. Whether METRO's participation in the Uptown Houston Transit Project violates that contract with the voters requires the resolution of fact issues that are beyond the purview of an attorney general opinion.