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, April 23, 2015
Re:Whether a community college system may expend funds for attorney's fees incurred by a member of its board of trustees in a challenge to the member's qualification to serve as trustee
Requestor:The Honorable Jim Murphy
Chair, Committee on Corrections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, April 21, 2015
Re:Taxing authority of the Port Isabel-San Benito Navigation District
Requestor:The Honorable Rene O. Oliveira
Chair, Committee on Business and Industry
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78768-2910
Received:Monday, April 20, 2015
Re:Authority of the University of Texas System Board of Regents to prohibit a regent from accessing records in the possession of the University
Requestor:Mr. Wallace Hall
Member of the Board of Regents
The University of Texas System
Ashbel Smith Hall, Suite 820
201 West 7th Street
Austin, Texas 78701
Received:Tuesday, March 31, 2015
Re:Whether the Open Meetings Act applies to district and county court-at-law judges when they meet to appoint county officials
Requestor:Ms. Katie Conner
Brazos County Auditor
200 South Texas Avenue, Suite 218
Bryan, Texas 77803
Received:Monday, March 30, 2015
Re:Authority of a county to reimburse a county commissioner for legal costs related to defending against criminal allegations for which the commissioner was found not guilty
Requestor:The Honorable Shane Britton
Brown County Attorney
200 South Broadway
Brownwood, Texas 76801
Received:Friday, March 20, 2015
Re:Construction of section 84.0085 of the Local Government Code, which governs a county auditor’s continuing education requirements
Requestor:Mr. Fidencio C. Ortiz
Maverick County Auditor
370 North Monroe Street, Suite 1
Eagle Pass, Texas 78852
Received:Friday, March 13, 2015
Re:Whether section 843.306 of the Insurance Code, regarding notice of termination by a health maintenance organization of a provider agreement with a participating provider, applies to a pharmacy benefit manager acting on behalf of the health maintenance organization
Requestor:The Honorable Charles Schwertner
Chair, Committee on Health and Human Services
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Tuesday, March 10, 2015
Re:Disposition of a dissolved municipality's remaining assets
Requestor:The Honorable Paige Williams
97th Judicial District Attorney
Archer, Clay & Montague Counties
Post Office Box 55
Montague, Texas 76251-0055
Received:Friday, February 20, 2015
Re:Whether municipalities or local law enforcement agencies are authorized to impound a motor vehicle for lack of proof of insurance or financial responsibility
Requestor:Mr. William H. Kuntz, Executive Director
Texas Department of Licensing and Regulation
Post Office Box 12157
Austin, Texas 78711
Received:Wednesday, February 18, 2015
Re:Whether chapter 681 of the Transportation Code authorizes a political subdivision to contract with a private business to enforce the privileged parking laws within that chapter
Requestor:The Honorable Angie Chen Button
Chair, Economic and Small Business Development
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Friday, February 13, 2015
Re:Whether a school district police chief may simultaneously serve as a constable in the precinct in which the school district is located
Requestor:The Honorable Anna D. Hord
Hockley County Attorney
802 Houston, Suite 211
Levelland, Texas 79336
Received:Thursday, February 12, 2015
Re:Duty of a county to provide legal representation for a former county employee under section 157.901(a) and (b) of the Local Government Code
Requestor:The Honorable Susan Hawk
Dallas County District Attorney
411 Elm Street, 5th Floor
Dallas, Texas 75202
Received:Wednesday, February 11, 2015
Re:Whether a county attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collection
Requestor:The Honorable Renee Ann Mueller
Washington County Attorney
100 East Main, Suite 200
Brenham, Texas 77833
Received:Wednesday, February 11, 2015
Re:Constitutionality of section 54.341 of the Education Code, the Hazlewood Act
Requestor:The Honorable Jane Nelson
Chair, Committee on Finance
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Monday, February 2, 2015
Re:Authority of a county hospital district to create a charitable organization under section 281.0565 of the Health and Safety Code and related governance questions
Requestor:The Honorable Sharen Wilson
Tarrant County Criminal District Attorney
401 West Belknap
Fort Worth, Texas 76196
Received:Thursday, January 29, 2015
Re:Whether a school board trustee, whose powers have been suspended by the Texas Education Commissioner under section 39.112(e), Education Code, may run and serve as a city council member for a city located within the school district boundaries
Requestor:The Honorable Bob Wortham
Jefferson County Criminal District Attorney
1085 Pearl Street, 3rd Floor
Beaumont, Texas 77701
Received:Tuesday, January 20, 2015
Re:Whether a type C municipality may levy an ad valorem property tax
Requestor:The Honorable Bob Wortham
Jefferson County Criminal District Attorney
1085 Pearl Street, 3rd Floor
Beaumont, Texas 77701
Received:Thursday, January 15, 2015
Re:Whether section 157.901 of the Local Government Code requires a county to provide representation to a county judge involved in a disciplinary proceeding before the State Commission on Judicial Conduct
Requestor:The Honorable Susan Hawk
Dallas County District Attorney
Civil Section
411 Elm Street, 5th Floor
Dallas, Texas 75202
Received:Thursday, January 15, 2015
Re:Provision of the Galveston City Charter
The Honorable Eddie Lucio, Jr.
Chair, Committee on Intergovernmental Relations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Monday, January 5, 2015
Re:Construction of section 1304.1581, Occupations Code, governing cancellations and refunds of service contracts
Requestor:The Honorable Kevin P. Eltife
Chair, Committee on Administration
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Thursday, December 18, 2014
Re:Whether a member of a board of trustees of an independent school district may also serve as a trustee of a county hospital board with overlapping jurisdiction
Requestor:The Honorable René M. Peña
81st Judicial District Attorney
1327 Third Street
Floresville, Texas 78114
Received:Thursday, December 11, 2014
Re:Authority of Investment Pools under the Public Funds Investment Act
Requestor:The Honorable René O. Oliveira
Chair, Committee on Business & Industry
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, November 20, 2014
Re:Whether the Open Meetings Act prohibits a governmental body from holding a meeting at a location that requires the presentation of photo identification
Requestor:Mr. Kim C. Wyatt
Chair, Board of Directors
Trinity River Authority of Texas
Post Office Box 60
Arlington, Texas 76004
Received:Monday, November 17, 2014
Re:Deposit of restitution funds ordered in a criminal judgment by a statutory county court
Requestor:The Honorable Lucinda A. Vickers
Atascosa County Attorney
#1 Courthouse Circle Drive #3-B
Jourdanton, Texas 78026
Received:Wednesday, November 12, 2014
Re:Construction of article III, section 49-k of the Texas Constitution, related to the Texas Mobility Fund, in light of the 2001 ballot language proposing the constitutional amendment.
The Honorable Myra Crownover
Chair, Committee on Public Health
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Wednesday, November 12, 2014
Re:Institutions eligible to participate in the Texas B-On-Time Loan Program under Chapter 56, Subchapter Q of the Education Code
Requestor:Raymund A. Paredes, Ph.D.
Commissioner of Higher Education
Texas Higher Education Coordinating Board
Post Office Box 12788
Austin, Texas 78711
Received:Monday, November 10, 2014
Re:Payment of attorney’s fees for members of a county commissioners court under criminal investigation for potential violations of the Open Meetings Act
Requestor:The Honorable Elton R. Mathis
Waller County Criminal District Attorney
645 12th Street
Hempstead, Texas 77445
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
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