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-0193-KP
Received:Thursday, November 9, 2017
Re:Whether a licensed psychologist may submit a bill to a third-party payer under the licensed psychologist's name without indicating that the psychological services rendered were provided by a supervisee
Requestor:Tim F. Branaman, Ph.D.
Chair, Texas State Board of Examiners of Psychologists
333 Guadalupe, Suite 2-450
Austin, Texas 78701
   
RQ-0192-KP
Received:Thursday, November 9, 2017
Re:Whether Proposition 1 and Proposition 7 funds may be used on toll projects
Requestor:The Honorable Joseph C. Pickett
Chair, Committee on Environmental Regulation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0191-KP
Received:Thursday, November 9, 2017
Re:Whether a school district board of trustees may establish term limits for trustees as part of the district's governance policy
Requestor:The Honorable Jodie Laubenberg
Chair, Committee on Elections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0190-KP
Received:Wednesday, November 1, 2017
Re:Applicability of amendments to the Transportation Code made by Senate Bill 312, 85th Regular Session, to the Loop 1604 toll project in Bexar County
Requestor:The Honorable Joseph C. Pickett
Chair, Committee on Environmental Regulation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0189-KP
Received:Monday, October 23, 2017
Re:Whether the Department of Agriculture's rules regarding weighing food sold for immediate consumption conflict with section 13.1002 of the Agriculture Code
Requestor:The Honorable Sid Miller
Commissioner
Texas Department of Agriculture
Post Office Box 12847
Austin, Texas 78711
   
RQ-0188-KP
Received:Wednesday, October 25, 2017
Re:Procedures regarding reappraisal of property after a disaster
Requestor:Mr. Randall Rice
Galveston County Auditor
Post Office Box 1418
Galveston, Texas 77553
   
RQ-0187-KP
Received:Thursday, October 12, 2017
Re:Whether an elected constable and his deputies may simultaneously serve under the sheriff, specifically to perform tasks related to the duties of a weight enforcement officer under Transportation Code chapter 621
Requestor:The Honorable Matthew C. Poston
Liberty County Attorney
1923 Sam Houston, Suite 202
Liberty, Texas 77575
   
RQ-0185-KP
Received:Tuesday, October 10, 2017
Re:To what extent the Texas Commission on Environmental Quality may consider a recommendation from a local government to deny a permit for a facility because the facility is incompatible with the local governments zoning or land use ordinances
Requestor:The Honorable Joseph C. Pickett
Chair, Committee on Environmental Regulation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0183-KP
Received:Monday, September 25, 2017
Re:Whether postmortem toxicological analysis conducted pursuant to the request of a medical examiner or forensic pathologist is subject to accreditation requirements of the Forensic Science Commission
Requestor:Jeffrey Barnard, M.D.
Chair, Forensic Science Commission
1700 North Congress Avenue, Suite 445
Austin, Texas 78701
   
RQ-0182-KP
Received:Thursday, September 21, 2017
Re:Authority of a county commissioners court to implement a health wellness plan that includes a monthly payroll deduction for county employees who use tobacco products
Requestor:The Honorable Rod Ponton
Presidio County Attorney
Post Office Drawer M
Marfa, Texas 79843
   
RQ-0180-KP
Received:Friday, September 15, 2017
Re:Whether and when a municipal law enforcement agency is authorized or required to release audio or video recordings from a body worn camera to members of the public, members of the governing body of the municipality, and civilian employees of the municipality
Requestor:The Honorable Eddie Lucio, Jr.
Chair, Committee on Intergovernmental Relations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0178-KP
Received:Tuesday, September 12, 2017
Re:Whether the administrative fee provisions of subsection 228.0547(b) of the Transportation Code apply to an entity operating a toll lane pursuant to section 228.007(b) of the Transportation Code
Requestor:The Honorable Joseph C. Pickett
Chair, Committee on Environmental Regulation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0177-KP
Received:Friday, September 8, 2017
Re:Which body worn camera recordings an officer may review, pursuant to Occupations Code subsection 1701.655(b)(5), before making a statement about an officer-involved incident
Requestor:The Honorable Faith Johnson
Dallas County Criminal District Attorney
133 North Riverfront Boulevard, L.B. 19
Dallas, Texas 75207-4399
   
RQ-0176-KP
Received:Tuesday, August 22, 2017
Re:Whether veterans with Veterans Affairs home loans may execute a cash-out refinance loan on their homestead property
Requestor:The Honorable Roland Gutierrez
Chair, Committee on Defense and Veterans Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0175-KP
Received:Friday, August 18, 2017
Re:Whether a county may transfer funds from the road and bridge account to a general account to pay all or a portion of a commissioners salary when the commissioner spends a substantial portion of time performing road and bridge maintenance
Requestor:The Honorable J. Bryan Clayton
Concho County Attorney
Post Office Box 236
Paint Rock, Texas 76866
   
RQ-0174-KP
Received:Friday, August 18, 2017
Re:Authority under article III, section 52(a) of the Texas Constitution of a Type A general-law municipality to expend funds on various tasks related to events sponsored by the area chamber of commerce, such as Christmas on the Plaza and Petersburg Days
Requestor:The Honorable James M. Tirey
Hale County Attorney
500 Broadway, Suite 340
Plainview, Texas 79072
   
RQ-0173-KP
Received:Thursday, August 17, 2017
Re:Whether a county commissioners court may deny a county judge longevity pay due to receipt of a state salary supplement pursuant to section 26.006 of the Government Code
Requestor:The Honorable James Caleb Henson
Leon County Attorney
Post Office Box 429
Centerville, Texas 75833
   
RQ-0172-KP
Received:Wednesday, August 9, 2017
Re:Whether certain Department of Insurance regulations regarding Health Reimbursement Arrangement are preempted by recent changes to the Internal Revenue Code
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water & Rural Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
   
RQ-0171-KP
Received:Tuesday, July 25, 2017
Re:Authority of the West Travis County Public Utility Agency to impose impervious cover requirements
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0168-KP
Received:Thursday, June 29, 2017
Re:Whether an appraisal district is authorized to modify the boundary of a school district upon receipt of information indicating the survey line was inaccurate
Requestor:The Honorable Abel Herrero
Chair, Committee on Land & Resource Management
Post Office Box 2910
Austin, Texas 78768-2910
   
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