Pending Opinion Requests
Now you can subscribe to the OAG's Pending Opinion Requests list. If you subscribe, you will receive an e-mail informing you of newly posted Requests for Attorney General Opinions. The e-mail will include a hot 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 you submit your brief or comments by the date shown below to ensure that the Committee will have adequate time to review and consider arguments relevant to the request. When submitting a brief, please reference the Request Number (RQ) indicated below, i.e. RQ-0001-GA. Parties may request an extension of time to file a brief by calling (512) 463-2110.
| RQ-0773-GA | |
| Received: | Monday, December 22, 2008 |
| Re: | Whether the Open Meetings Act is applicable to a gathering in which a minority of a commissioners court meet informally with community leaders under particular circumstances |
| Requestor: | The Honorable D. Matt Bingham Smith County Criminal District Attorney Smith County Courthouse 100 North Broadway, 4th Floor Tyler, Texas 75702 |
| Briefs due by: | Wednesday, February 4, 2009 |
| RQ-0772-GA | |
| Received: | Friday, December 19, 2008 |
| Re: | Whether the Hall County Hospital District may contribute funds for the construction of a building to house emergency service vehicles operated by the City of Turkey |
| Requestor: | The Honorable Warren Chisum Chair, Committee on Appropriations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Friday, January 30, 2009 |
| RQ-0771-GA | |
| Received: | Thursday, December 4, 2008 |
| Re: | Authority of the Texas Lottery Commission to adopt a rule defining the terms "gambling promoter" and "professional gambler" |
| Requestor: | The Honorable Aaron Peņa Chair, Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, January 19, 2009 |
| RQ-0770-GA | |
| Received: | Friday, December 5, 2008 |
| Re: | Authority of the board of trustees of an independent school district to change the length of its members' terms after December 31, 2007 |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due by: | Monday, January 19, 2009 |
| RQ-0769-GA | |
| Received: | Wednesday, December 3, 2008 |
| Re: | Authority of a state agency or institution of higher education to employ and compensate a registered lobbyist |
| Requestor: | The Honorable Homero Ramirez Webb County Attorney Office of the County Attorney 1110 Washington Street, Suite 301 Laredo, Texas 78040 |
| Briefs due by: | Friday, January 16, 2009 |
| RQ-0768-GA | |
| Received: | Tuesday, December 2, 2008 |
| Re: | Whether an agent under a statutory durable power of attorney may alter the method of disposition of a body previously specified by the purchaser of a prepaid funeral contract |
| Requestor: | Mr. Robert L. Bacon Interim Banking Commissioner Texas Department of Banking 2601 North Lamar Boulevard Austin, Texas 78705 |
| Briefs due by: | Monday, January 12, 2009 |
| RQ-0767-GA | |
| Received: | Monday, December 1, 2008 |
| Re: | Whether an attorney who acts as an unpaid advisor to the board of trustees of an independent school district may also represent the district for compensation in the collection of delinquent taxes |
| Requestor: | The Honorable Mike Jackson Chair, Committee on Nominations Texas State Senate Post Office Box 12068 Austin, Texas 78711 |
| Briefs due by: | Monday, January 12, 2009 |
| RQ-0766-GA | |
| Received: | Monday, November 24, 2008 |
| Re: | Whether members of a county juvenile board may participate in the county's group health insurance program |
| Requestor: | The Honorable Joseph D. Brown Grayson County Criminal District Attorney Grayson County Justice Center, Suite 116A Sherman, Texas 75090 |
| Briefs due by: | Tuesday, January 6, 2009 |
| RQ-0765-GA | |
| Received: | Monday, November 24, 2008 |
| Re: | Authority of a local government to enact breed-specific legislation with regard to dogs |
| Requestor: | The Honorable Tony Goolsby Chair, Committee on House Administration Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Tuesday, January 6, 2009 |
| RQ-0764-GA | |
| Received: | Thursday, November 20, 2008 |
| Re: | Authority of a justice of the peace in a county without a medical examiner to amend a death certificate |
| Requestor: | The Honorable Don Allee Kendall County Attorney Kendall County Courthouse 201 East San Antonio Street, Suite 306 Boerne, Texas 78006-2050 |
| Briefs due by: | Friday, January 2, 2009 |
| RQ-0763-GA | |
| Received: | Monday, November 10, 2008 |
| Re: | Validity of a city charter provision that permits a majority of council members to call a public meeting |
| Requestor: | The Honorable Craig Stoddart Rockwall County Acting Criminal District Attorney Rockwall Government Center 1101 Ridge Road, Suite 105 Rockwall, Texas 75087 |
| Briefs due by: | Monday, December 22, 2008 |
| RQ-0762-GA | |
| Received: | Monday, November 10, 2008 |
| Re: | Authority of a justice of the peace in a proceeding under section 25.094, Education Code, which creates the offense of failure to attend school |
| Requestor: | The Honorable Rodney W. Anderson Brazos County Attorney 300 East 26th Street, Suite 325 Bryan, Texas 77803 |
| Briefs due by: | Monday, December 22, 2008 |
| RQ-0761-GA | |
| Received: | Thursday, November 6, 2008 |
| Re: | Whether a non-profit organization may sponsor a poker tournament in a privately leased community building |
| Requestor: | The Honorable Rex Emerson Kerr County Attorney County Courthouse, Suite BA-103 700 Main Street Kerrville, Texas 78028 |
| Briefs due by: | Monday, December 22, 2008 |
| RQ-0760-GA | |
| Received: | Wednesday, November 5, 2008 |
| Re: | Authority of the Texas Youth Commission to require a juvenile to register as a sex offender |
| Requestor: | The Honorable Tim Curry Tarrant County Criminal District Attorney 401 West Belknap Fort Worth, Texas 76196 |
| Briefs due by: | Monday, December 22, 2008 |
| RQ-0759-GA | |
| Received: | Wednesday, November 5, 2008 |
| Re: | Definition of "audit" for purposes of section 775.082, Health and Safety Code |
| Requestor: | The Honorable Rex Emerson Kerr County Attorney County Courthouse, Suite BA-103 700 Main Street Kerrville, Texas 78028 |
| Briefs due by: | Monday, December 22, 2008 |
| RQ-0758-GA | |
| Received: | Wednesday, November 5, 2008 |
| Re: | Calculation of the "total return on all investment assets of the permanent school fund" for purposes of article VII, section 5(a)(2), Texas Constitution |
| Requestor: | The Honorable Don McLeroy, Chair State Board of Education 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due by: | Thursday, December 18, 2008 |
| RQ-0757-GA | |
| Received: | Wednesday, November 5, 2008 |
| Re: | Whether carpet and tile may be purchased by a municipal police department using asset forfeiture funds under chapter 59 of the Code of Criminal Procedure |
| Requestor: | The Honorable E. Bruce Curry 216th Judicial District Attorney 521 Earl Garrett Street Kerrville, Texas 78028 |
| Briefs due by: | Monday, December 15, 2008 |
| RQ-0756-GA | |
| Received: | Friday, October 24, 2008 |
| Re: | Authority of a commissioners court to lease county property to a non-profit organization for less than fair market value |
| Requestor: | The Honorable Bill Moore Johnson County Attorney Guinn Justice Center 204 South Buffalo Avenue, Suite 410 Cleburne, Texas 76033 |
| Briefs due by: | Monday, December 8, 2008 |
| RQ-0755-GA | |
| Received: | Tuesday, October 21, 2008 |
| Re: | Whether an appraisal district may conduct its appraisals on other than an annual basis |
| Requestor: | The Honorable Homero Ramirez Webb County Attorney Post Office Box 420268 Laredo, Texas 78042-0268 |
| Briefs due by: | Friday, December 5, 2008 |
| RQ-0754-GA | |
| Received: | Monday, October 20, 2008 |
| Re: | Whether an assistant county and district attorney may practice in a neighboring county or in federal court |
| Requestor: | The Honorable Armando R. Villalobos Cameron County (District) Attorney Cameron County Courthouse 974 East Harrison Street Brownsville, Texas 78520 |
| Briefs due by: | Friday, December 5, 2008 |
| RQ-0753-GA | |
| Received: | Monday, October 20, 2008 |
| Re: | Whether a sheriff may refuse to provide particular documents to a county treasurer |
| Requestor: | The Honorable H. Michael Bartley Delta County Attorney Post Office Box 462 Cooper, Texas 75432 |
| Briefs due by: | Monday, December 1, 2008 |
| RQ-0752-GA | |
| Received: | Monday, October 20, 2008 |
| Re: | Authority of a political subdivision to contract with a private entity for the collection of delinquent fines, fees, and court costs |
| Requestor: | The Honorable Jeff Wentworth Chair, Committee on Jurisprudence Texas State Senate Post Office Box 12068 Austin, Texas 78711 |
| Briefs due by: | Monday, December 1, 2008 |
| RQ-0751-GA | |
| Received: | Tuesday, September 30, 2008 |
| Re: | Authority of a school district to use a reverse auction conducted by a third party to purchase personal property valued at $10,000 or more |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due by: | Friday, November 28, 2008 |
| RQ-0750-GA | |
| Received: | Wednesday, October 15, 2008 |
| Re: | Authority of a water company to paint fire hydrants black under particular circumstances |
| Requestor: | The Honorable Patrick M. Rose Chair, Committee on Human Services Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Friday, November 28, 2008 |
| RQ-0749-GA | |
| Received: | Tuesday, October 14, 2008 |
| Re: | Authority of a commissioners court to remove fencing located within a county right-of-way |
| Requestor: | The Honorable G. A. Maffett III Wharton County Attorney 309 East Milam, Suite 500 Wharton, Texas 77488 |
| Briefs due by: | Thursday, November 27, 2008 |
| RQ-0748-GA | |
| Received: | Wednesday, October 8, 2008 |
| Re: | Whether a justice of the peace is authorized to hear truancy cases from school districts located outside of his precinct |
| Requestor: | The Honorable Aaron Peņa Chair, Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, November 17, 2008 |
| RQ-0747-GA | |
| Received: | Friday, October 3, 2008 |
| Re: | Validity of a municipal rule regarding promotional examinations under the Fire Fighter and Police Officer Civil Service Act |
| Requestor: | The Honorable Kevin Bailey Chair, Committee on Urban Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Friday, November 14, 2008 |
| RQ-0746-GA | |
| Received: | Monday, September 22, 2008 |
| Re: | Eligible reimbursements for the court reporter for the 506th District Court |
| Requestor: | The Honorable Elton R. Mathis Waller County Criminal District Attorney 846 Sixth Street, Suite #1 Hempstead, Texas 77445 |
| Briefs due by: | Monday, November 3, 2008 |
| RQ-0745-GA | |
| Received: | Tuesday, September 16, 2008 |
| Re: | Whether a municipality engaged in the process of annexing territory may use section 43.052(h)(1), Local Government Code, under various circumstances |
| Requestor: | The Honorable Elizabeth Murray-Kolb Guadalupe County Attorney 101 East Court Street, Suite 104 Seguin, Texas 78155 |
| Briefs due by: | Friday, October 31, 2008 |
| RQ-0744-GA | |
| Received: | Thursday, September 25, 2008 |
| Re: | Whether a state university that charges its students a medical services fee, or its equivalent, may use a portion of that fee as a prepaid co-payment |
| Requestor: | The Honorable Sid Miller Chair, Committee on Agriculture & Livestock Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, November 3, 2008 |
| RQ-0743-GA | |
| Received: | Thursday, September 18, 2008 |
| Re: | Conditions under which a foreign commercial motor vehicle is exempt from registration in this state |
| Requestor: | The Honorable John J. Carona Chair, Committee on Transportation and Homeland Security Texas State Senate Post Office Box 12068 Austin, Texas 78711 |
| Briefs due by: | Monday, November 3, 2008 |
| RQ-0742-GA | |
| Received: | Thursday, September 18, 2008 |
| Re: | Whether, under the federal Constitution, the state of Texas may permit undocumented persons to receive the benefit of instate tuition at Texas state colleges and universities |
| Requestor: | The Honorable Leo Berman Chair, Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Friday, October 31, 2008 |
| RQ-0741-GA | |
| Received: | Wednesday, September 10, 2008 |
| Re: | Authority of a home-rule city to enforce zoning ordinances against a school district for the purpose of aesthetics and the maintenance of property values |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due by: | Thursday, October 23, 2008 |
| RQ-0740-GA | |
| Received: | Wednesday, September 10, 2008 |
| Re: | Whether the Public Safety Commission may authorize statewide drivers license checkpoints |
| Requestor: | Mr. Allan B. Polunsky, Chair Public Safety Commission 5805 North Lamar Boulevard Austin, Texas 78752-4431 |
| Briefs due by: | Thursday, October 23, 2008 |
| RQ-0739-GA | |
| Received: | Monday, September 8, 2008 |
| Re: | Whether court interpreters appointed pursuant to article 38.30, Code of Criminal Procedure are responsible for transcribing and/or translating foreign language video, audio, and written recordings of testimony in preparation for a criminal proceeding |
| Requestor: | The Honorable Armando R. Villalobos Cameron County (District) Attorney Cameron County Courthouse Post Office Box 2299 Brownsville, Texas 78522-2299 |
| Briefs due by: | Monday, October 13, 2008 |
| RQ-0738-GA | |
| Received: | Friday, September 5, 2008 |
| Re: | Authority of a sheriff to accept a fee from a private organization that contracts with the sheriff's county to operate the county jail |
| Requestor: | The Honorable Kevin Bailey Chair, Committee on Urban Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, October 13, 2008 |
| RQ-0737-GA | |
| Received: | Thursday, August 28, 2008 |
| Re: | Whether the Edwards Aquifer Authority may prohibit the granting of permits to certain recharge facilities; and whether the Authority may prohibit itself from contracting with certain recharge facilities |
| Requestor: | The Honorable Warren Chisum Chair, Committee on Appropriations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, October 6, 2008 |
| RQ-0736-GA | |
| Received: | Tuesday, August 26, 2008 |
| Re: | Consequences attending a legislator's announcement of his candidacy for governor during the first year of a two-year term |
| Requestor: | The Honorable Leo Berman Chair, Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, October 6, 2008 |
| RQ-0735-GA | |
| Received: | Friday, August 15, 2008 |
| Re: | Whether an educational facility accredited by a member of the Texas Private School Accreditation Commission is exempt under that portion of section 42.041(b)(7), Human Resources Code, that provides an exemption for an education facility accredited by the Texas Education Agency |
| Requestor: | The Honorable Warren Chisum Chair, Committee on Appropriations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Friday, September 26, 2008 |
| RQ-0734-GA | |
| Received: | Tuesday, August 12, 2008 |
| Re: | Authority of a district attorney to restrict the carrying of a firearm into a courtroom by an assistant district attorney who holds a concealed handgun license |
| Requestor: | The Honorable Kenneth Magidson Harris County District Attorney 1201 Franklin Street, Suite 600 Houston, Texas 77002 |
| Briefs due by: | Monday, September 22, 2008 |
| RQ-0733-GA | |
| Received: | Wednesday, August 6, 2008 |
| Re: | Authority of the Legislature to prohibit local governmental entities from serving as "sanctuaries" for undocumented persons |
| Requestor: | The Honorable Frank J. Corte, Jr. Chair, Defense Affairs and State-Federal Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Thursday, September 18, 2008 |
| RQ-0732-GA | |
| Received: | Wednesday, August 6, 2008 |
| Re: | Constitutionality of proposed legislation that would provide for the suspension or revocation of the business license of employers of undocumented persons |
| Requestor: | The Honorable Frank J. Corte, Jr. Chair, Defense Affairs and State-Federal Relations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, September 15, 2008 |
| RQ-0731-GA | |
| Received: | Friday, August 1, 2008 |
| Re: | Formula by which a commissioners court must set the salary of a statutory county court judge |
| Requestor: | The Honorable Roy L. Cordes, Jr. Fort Bend County Attorney 301 Jackson Street, Suite 728 Richmond, Texas 77469-3108 |
| Briefs due by: | Monday, September 15, 2008 |
| RQ-0730-GA | |
| Received: | Tuesday, July 29, 2008 |
| Re: | Authority of a county attorney to issue commissions for reserve or nonpaid peace officers |
| Requestor: | The Honorable Joe Driver Chair, Committee on Law Enforcement Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Thursday, September 4, 2008 |
| RQ-0729-GA | |
| Received: | Monday, July 28, 2008 |
| Re: | Authority of a commissioners court to remove from county right-of-way structures it deems to be a safety hazard |
| Requestor: | The Honorable Robert F. Vititow Rains County Attorney 220 West Quitman Street Post Office Box 1075 Emory, Texas 75440 |
| Briefs due by: | Monday, September 1, 2008 |
| RQ-0728-GA | |
| Received: | Monday, July 21, 2008 |
| Re: | Proper method of indexing documents filed pursuant to section 12.0011(b) of the Property Code |
| Requestor: | The Honorable Elizabeth Murray-Kolb Guadalupe County Attorney 101 East Court Street, Suite 104 Seguin, Texas 78155 |
| Briefs due by: | Monday, August 25, 2008 |
| RQ-0726-GA | |
| Received: | Monday, July 14, 2008 |
| Re: | Whether a complaint filed against a licensed veterinarian is subject to disclosure to the licensee and/or the general public |
| Requestor: | Mr. Dewey E. Helmcamp, III, J.D. Executive Director Texas Board of Veterinary Medical Examiners 333 Guadalupe, Suite 3-810 Austin, Texas 78701-3942 |
| Briefs due by: | Monday, August 18, 2008 |
| RQ-0725-GA | |
| Received: | Wednesday, July 2, 2008 |
| Re: | Whether subsection 11.051(a-1), Education Code, alters the common law rule for determining the number of votes necessary for a school district board of trustees to act in its official capacity |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due by: | Monday, August 18, 2008 |
| RQ-0724-GA | |
| Received: | Tuesday, July 1, 2008 |
| Re: | Whether the police chief of an independent school district may simultaneously serve as a member of a city council that is located within the geographical boundaries of the school district |
| Requestor: | The Honorable Jeff Wentworth Chair, Committee on Jurisprudence Texas State Senate Post Office Box 12068 Austin, Texas 78711 |
| Briefs due by: | Monday, August 11, 2008 |
| RQ-0723-GA | |
| Received: | Friday, June 27, 2008 |
| Re: | Whether a state judge is authorized to permit felony and misdemeanor probationers to travel temporarily outside the state or to reside outside the state |
| Requestor: | The Honorable D. Matt Bingham Smith County Criminal District Attorney Smith County Courthouse 100 North Broadway, 4th Floor Tyler, Texas 75702 |
| Briefs due by: | Friday, August 8, 2008 |
| RQ-0722-GA | |
| Received: | Tuesday, June 24, 2008 |
| Re: | Whether a bailiff may supervise an inmate who is temporarily incarcerated in a courthouse holding cell |
| Requestor: | Mr. Adan Muņoz, Jr. Executive Director Texas Commission on Jail Standards Post Office Box 12985 Austin, Texas 78711-2985 |
| Briefs due by: | Thursday, August 7, 2008 |
| RQ-0720-GA | |
| Received: | Tuesday, May 27, 2008 |
| Re: | Whether certain information about licensees of the Texas Board of Nursing is subject to disclosure under the Public Information Act, chapter 552, Government Code, or chapter 301, Occupations Code |
| Requestor: | Ms. Katherine A. Thomas, MN, RN Executive Director Texas Board of Nursing 333 Guadalupe Street, Suite 3-460 Austin, Texas 78701 |
| Briefs due by: | Friday, July 18, 2008 |
| RQ-0717-GA | |
| Received: | Thursday, May 8, 2008 |
| Re: | Authority of City of Texarkana municipal police officers under various circumstances |
| Requestor: | The Honorable Bobby Lockhart Bowie County Criminal District Attorney Post Office Box 3030 Texarkana, Texas 75504 |
| Briefs due by: | Thursday, July 10, 2008 |
| RQ-0711-GA | |
| Received: | Monday, May 5, 2008 |
| Re: | Whether the City of Port Arthur may transfer a former fire station to a non-profit public radio station |
| Requestor: | The Honorable Joe Deshotel Chair, Committee on Economic Development Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Friday, June 13, 2008 |
| RQ-0710-GA | |
| Received: | Friday, May 2, 2008 |
| Re: | Whether a school district may use district funds to pay a traffic fine imposed by a municipality |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due by: | Thursday, June 12, 2008 |
| RQ-0688-GA | |
| Received: | Tuesday, March 18, 2008 |
| Re: | Whether state resources may be used to process state payroll deductions for the purpose of political campaign donations |
| Requestor: | The Honorable Leo Berman Chair, Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due by: | Monday, April 21, 2008 |
| RQ-0600-GA | |
| Received: | Thursday, July 5, 2007 |
| Re: | Whether an election ballot may contain both a proposal to merge two emergency services districts and a provision to increase the tax ceiling |
| Requestor: | The Honorable Jeri Yenne Brazoria County Criminal District Attorney 111 E. Locust, Suite 408 A Angleton, TX 77515 |
| Briefs due by: | Monday, August 13, 2007 |