The following opinion requests are currently pending before the Attorney General. Any person interested in the subject matter of a request may submit a brief providing relevant background information or legal arguments. We request that briefing be submitted within 30 days of the Attorney General's receipt of the opinion request, unless otherwise noted.
| RQ-0241-KP | |
| Received: | Wednesday, August 1, 2018 |
| Re: | Whether a groundwater conservation district may define "agricultural crop" as "food or fiber commodities grown for resale of commercial purposes that provide food, clothing, or animal feed" and utilize that definition to determine the applicable fee rate for "irrigating agricultural crops" |
| Requestor: | The Honorable Charles Schwertner Chair, Committee on Health and Human Services Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 |
| RQ-0240-KP | |
| Received: | Friday, July 27, 2018 |
| Re: | Whether a county may provide funding to a school district for grounds maintenance, a library, and law enforcement and funding to a hospital district for purchase of a mental health facility |
| Requestor: | The Honorable Russell W. Malm Midland County Attorney 500 North Loraine, Suite 1103 Midland, Texas 79701 |
| RQ-0239-KP | |
| Received: | Tuesday, July 24, 2018 |
| Re: | Whether the Texas Southmost College District may acquire and hold title to land from the General Services Administration through the Federal Lands to Parks program |
| Requestor: | The Honorable Eddie Lucio, Jr. Chair, Committee on Intergovernmental Relations Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 |
| RQ-0238-KP | |
| Received: | Monday, July 23, 2018 |
| Re: | County payment of expenses for contracted workers in specific circumstances |
| Requestor: | The Honorable Courtney Tracy Ponthier Newton County Criminal District Attorney 110 East Court Street Newton, Texas 75966 |
| RQ-0237-KP | |
| Received: | Friday, May 18, 2018 |
| Re: | Whether article 11, section 5 of the Texas Constitution prohibits a city from amending its charter on the uniform election date in the twenty-fourth month after a previous charter amendment if that election date is not a full two calendar years from the previous amendment election |
| Requestor: | The Honorable Jodie Laubenberg Chair, Committee on Elections Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0236-KP | |
| Received: | Thursday, June 7, 2018 |
| Re: | Authority of a county commissioners court over disbursing funds received from a compact waste disposal facility under Health and Safety Code section 402.244 |
| Requestor: | The Honorable Timothy J. Mason Andrews County/District Attorney 121 North West Avenue A Andrews, Texas 79714 |
| RQ-0235-KP | |
| Received: | Monday, June 4, 2018 |
| Re: | Whether a county clerk whose office does not accept electronic documents for recording must accept and record a printed copy of an electronic document that does not comply with the original signature and other requirements of certain provisions of the Property Code |
| Requestor: | The Honorable David Willborn Guadalupe County Attorney 211 West Court Street Seguin, Texas 78155-5779 |
| RQ-0234-KP | |
| Received: | Tuesday, May 29, 2018 |
| Re: | Whether a funeral provider may infer a decedent's preferred method of disposition from the contents of a prepaid funeral contract |
| Requestor: | Mr. Charles G. Cooper Banking Commissioner Texas Department of Banking 2601 North Lamar Boulevard Austin, Texas 78705 |
| RQ-0233-KP | |
| Received: | Wednesday, May 23, 2018 |
| Re: | Issues related to quorums and city council member absences |
| Requestor: | The Honorable John Zerwas, M.D. Chair, Committee on Appropriations Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0232-KP | |
| Received: | Wednesday, May 23, 2018 |
| Re: | Whether a commissioners court may fund certain county departments 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 |
| RQ-0231-KP | |
| Received: | Thursday, May 10, 2018 |
| Re: | Whether and to what extent the Permanent School Fund is non-spendable |
| Requestor: | The Honorable George P. Bush Commissioner Texas General Land Office Post Office Box 12873 Austin, Texas 78711-2873 |
| RQ-0230-KP | |
| Received: | Friday, May 4, 2018 |
| Re: | Whether a member of an independent school district board of trustees may simultaneously serve as a county judge |
| Requestor: | The Honorable Marco A. Montemayor Webb County Attorney 1110 Washington Street, Suite 301 Laredo, Texas 78040 |
| RQ-0229-KP | |
| Received: | Wednesday, May 2, 2018 |
| Re: | Whether a state legislator may simultaneously serve as president of a municipal management district operating under chapter 375 of the Local Government Code (confirmation and clarification of Attorney General Opinion GA-0386) |
| Requestor: | The Honorable Sarah Davis Chair, Committee on General Investigation & Ethics Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0228-KP | |
| Received: | Wednesday, May 2, 2018 |
| Re: | Whether a legislator may receive payment from a unit of local government for lobbying activities |
| Requestor: | The Honorable Sarah Davis Chair, Committee on General Investigation & Ethics Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0227-KP | |
| Received: | Wednesday, May 2, 2018 |
| Re: | Applicability of Education Code section 44.043 to a school district's consideration of a vendor's or person's relationship with a charter school |
| Requestor: | The Honorable Kelly Hancock Chair, Committee on Business & Commerce Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 |
| RQ-0226-KP | |
| Received: | Friday, April 27, 2018 |
| Re: | Authority and process for removing historical plaques in the Texas Capitol Complex |
| Requestor: | The Honorable Joe Moody Chair, Committee on Criminal Jurisprudence Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0224-KP | |
| Received: | Monday, April 23, 2018 |
| Re: | Whether an employee of Eagle Pass Water Works System is a municipal employee for purposes of section 392.031 of the Local Government Code, which prohibits a municipal officer or employee from being appointed a commissioner to a municipal housing authority |
| Requestor: | The Honorable Roberto Serna 293rd Judicial District 458 Madison Street Eagle Pass, Texas 78852 |
| RQ-0222-KP | |
| Received: | Wednesday, April 18, 2018 |
| Re: | Whether recreational vehicle park guests are licensees or tenants |
| Requestor: | The Honorable Charles Perry Chair, Committee on Agriculture, Water & Rural Affairs Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 |
| RQ-0221-KP | |
| Received: | Thursday, April 12, 2018 |
| Re: | Whether the Teacher Retirement System may invest the funds of the system in life insurance funded by leveraged premiums |
| Requestor: | The Honorable Dan Flynn Chair, Committee on Pensions Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0220-KP | |
| Received: | Friday, April 6, 2018 |
| Re: | The authority of Texas counties to pursue housing programs in specific circumstances |
| Requestor: | The Honorable Lyle Larson Chair, Committee on Natural Resources Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0219-KP | |
| Received: | Friday, April 6, 2018 |
| Re: | Whether chapter 75 of the Civil Practices and Remedies Code applies to limit the liability of a private property owner on whose property private aircraft lands for purposes of agritourism |
| Requestor: | The Honorable Lyle Larson Chair, Committee on Natural Resources Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0218-KP | |
| Received: | Thursday, April 5, 2018 |
| Re: | Authority of the temporary directors of the Southwestern Travis County Groundwater Conservation District |
| Requestor: | The Honorable Lyle Larson Chair, Committee on Natural Resources Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0217-KP | |
| Received: | Thursday, April 5, 2018 |
| Re: | Whether a groundwater conservation district may amend a historic or existing use permit in specific circumstances |
| Requestor: | The Honorable Tracy O. King Chair, Agriculture and Livestock Committee Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0216-KP | |
| Received: | Tuesday, March 20, 2018 |
| Re: | Whether subchapter D, chapter 615, of the Government Code requires municipalities to allow survivors of a part-time public safety employee to purchase health insurance benefits when the employee was not eligible for health insurance benefits at the time of the employee's death |
| Requestor: | The Honorable Wiley B. McAfee District Attorney 33rd & 424th Judicial Districts 1701 E. Polk Street Burnet, Texas 78611 |
| RQ-0215-KP | |
| Received: | Tuesday, March 20, 2018 |
| Re: | Obligations of a criminal district attorney under Code of Criminal Procedure article 39.14 to disclose to a criminal defendant information obtained by the criminal district attorney during the performance of certain civil duties |
| Requestor: | The Honorable Sharen Wilson Tarrant County Criminal District Attorney 401 West Belknap Fort Worth, Texas 76196 |
| RQ-0214-KP | |
| Received: | Thursday, March 1, 2018 |
| Re: | Whether sections 46.02 and 46.03 of the Penal Code apply to election judges who are licensed to carry a handgun under chapter 411 of the Government Code |
| Requestor: | The Honorable James White Chair, Committee on Corrections Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| RQ-0213-KP | |
| Received: | Friday, February 16, 2018 |
| Re: | Whether city council members also employed by an independent school district may receive compensation for their service on the city council |
| Requestor: | The Honorable Roberto Serna District Attorney 293rd Judicial District 458 Madison Street Eagle Pass, Texas 78852 |
| RQ-0211-KP | |
| Received: | Monday, February 12, 2018 |
| Re: | Whether the contractual assessments imposed by local governments under the Property Assessed Clean Energy Act in chapter 399 of the Local Government Code are special assessments by the local government and treated as real estate taxes on the property |
| Requestor: | The Honorable Doyle 'Dee' Hobbs Williamson County Attorney 405 M.L.K. Street #7 Georgetown, Texas 78626 |
| RQ-0210-KP | |
| Received: | Friday, February 9, 2018 |
| Re: | Whether a right of reverter on property owned by Texas State Technical College is enforceable against it as a state agency |
| Requestor: | Mr. Michael L. Reeser Chancellor & CEO Texas State Technical College 3801 Campus Drive Waco, Texas 76705 |
| 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 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 |
| 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 |