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-0014-
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
   
RQ-0013-
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
   
RQ-0012-
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
   
RQ-0011-
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
   
RQ-0010-
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
   
RQ-0009-
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
   
RQ-0008-
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
   
RQ-0007-
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
   
RQ-0006-
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
   
RQ-0005-
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
   
RQ-0004-
Received:Thursday, January 15, 2015
Re:Provision of the Galveston City Charter
Requestor:Senator Juan Hinojosa
Chair, Senate Committee on Intergovernmental Relations
   
RQ-0001-KP
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
   
RQ-1234-GA
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
   
RQ-1233-GA
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
   
RQ-1232-GA
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
   
RQ-1231-GA
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
   
RQ-1230-GA
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
   
RQ-1228-GA
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
   
RQ-1227-GA
Received:Friday, October 17, 2014
Re:Commencement of term of office of a person elected sheriff as a successor to an individual who was appointed to fill a vacancy in that office
Requestor:The Honorable Robert H. Trapp
San Jacinto County Criminal District Attorney
1 State Highway 150, Room 21
Coldspring, Texas 77331-0403
   
RQ-1226-GA
Received:Tuesday, October 14, 2014
Re:Validity of a salary increase for the sheriff that exceeded the amount listed in the initial public notice required by section 152.013 of the Local Government Code
Requestor:Ms. Sheryl Tavarez
Coke County Auditor
13 East 7th Street
Robert Lee, Texas 76945
   
RQ-1225-GA
Received:Friday, October 3, 2014
Re:Whether Education Code section 45.105 authorizes a public school district to expend funds to determine if its lessee of a mineral estate is fulfilling its duty to explore and develop the mineral estate
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-1224-GA
Received:Friday, September 26, 2014
Re:To which programs jurors may donate their juror reimbursement under section 61.003 (a)(4) of the Government Code
Requestor:The Honorable Abelino Reyna
McLennan County Criminal District Attorney
219 North 6th Street, Suite 200
Waco, Texas 76701
   
RQ-1221-GA
Received:Thursday, September 11, 2014
Re:Qualification for early voting by mail under section 82.002 of the Election Code
Requestor:The Honorable W. Coty Siegert
Robertson County Attorney
Post Office Box 409
Franklin, Texas 77856
   
RQ-1220-GA
Received:Tuesday, September 9, 2014
Re:Whether the Edwards Aquifer Authority may provide funding to the U.S. Fish & Wildlife Service for the implementation of a refugia program
Requestor:The Honorable Doug Miller
Co-Chair, Edwards Aquifer Legislative Oversight Committee
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-1219-GA
Received:Monday, September 8, 2014
Re:Whether a commissioners court must compensate a justice of the peace who retires prior to the end of his term
Requestor:The Honorable R. Lowell Thompson
Criminal District Attorney
Navarro County Courthouse
300 West 3rd Avenue, Suite 203
Corsicana, Texas 75110
   
RQ-1218-GA
Received:Tuesday, August 5, 2014
Re:Appointment of an ex-officio member to the Galveston Housing Authority
Requestor:The Honorable Jack Roady
Galveston Criminal District Attorney
600 59th St, Ste. 1001
Galveston, Texas 77551-4137
   
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