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:Wednesday, April 16, 2014
Re:Authority of a general-law city to sell a building constructed on a city street and right-of-way
Requestor:The Honorable Joe R. Smith
Tyler County Criminal District Attorney
100 West Bluff, Courthouse Annex
Woodville, Texas 75979
Received:Thursday, April 10, 2014
Re:Whether concurrent service as a juvenile probation officer and a trustee on an independent school district’s board of trustees creates a conflict of interest
Requestor:The Honorable Lisa L. Peterson
Nolan County Attorney
100 East 3rd Street, Suite 106A
Sweetwater, Texas 79556
Received:Tuesday, April 8, 2014
Re:Whether section 11.0641 of the Education Code requires school district trustees to file personal financial statements in specific circumstances
Requestor:The Honorable Jo Anne Bernal
El Paso County Attorney
500 East San Antonio, Room 503
El Paso, Texas 79901
Received:Friday, April 4, 2014
Re:Authority of a local behavioral health authority under section 533.035, Health & Safety Code, to participate in the Department of State Health Service's vendor selection process to provide services within the authority's local service area
Requestor:Mr. Jeff May, Collin County Auditor
2300 Bloomdale Road, Suite 3100
McKinney, Texas 75071
Received:Wednesday, March 26, 2014
Re:School district exemption from the municipal drainage charge under chapter 552, subchapter C, of the Local Government Code
Requestor:The Honorable Royce West
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Wednesday, March 19, 2014
Re:The ability of members of a governmental body to participate in a meeting by videoconference call under section 551.127 of the Government Code
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Received:Thursday, March 6, 2014
Re:The authority and obligations of a declarant in relation to a home owners’ association under section 209.00591 of the Property Code
Requestor:The Honorable John Davis
Chair, Committee on Economic & Small Business Development
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, March 4, 2014
Re:Whether section 361.0961 of the Texas Health and Safety Code prohibits municipalities from adopting ordinances that ban plastic bags
Requestor:The Honorable Dan Flynn
Chair, Select Committee on Transparency in State Agency Operations
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Monday, February 24, 2014
Re:Whether a conviction that resulted in early termination of deferred adjudication is a reportable conviction or adjudication for purposes of chapter 62 of the Code of Criminal Procedure
Requestor:The Honorable E. Bruce Curry
District Attorney
216th Judicial District
Bandera, Gillespie, Kendall, Kerr Counties
200 Earl Garrett Street, Suite 202
Kerrville, Texas 78028
Received:Wednesday, February 19, 2014
Re:Constitutional questions related to funding of County Energy Transportation Reinvestment Zones (CETRZ)
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
Received:Wednesday, February 5, 2014
Re:Simultaneous service in multiple official capacities of board members of the Maverick County Hospital District
Requestor:The Honorable Rafael Anchia
Chair, Committee on International Trade and Intergovernmental Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Monday, February 10, 2014
Re:Whether a game proposed by the Lottery Commission through title 16, section 401.322 of the Administrative Code qualifies as a lottery under the Texas Constitution
Requestor:The Honorable Robert F. Deuell
Chair, Committee on Economic Development
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Monday, February 3, 2014
Re:Distribution of equalization tax funds pursuant to repealed section 18.14 of the Education Code
Requestor:The Honorable Vince Ryan
Harris County Attorney
1019 Congress, 15th Floor
Houston, Texas 77002
Received:Tuesday, February 4, 2014
Re:Whether a municipality may require voter approval to impose an ad valorem or sales tax
Requestor:Ms. Ann Marie Lee
Henderson County Auditor
125 North Prairieville Street, Room 202
Athens, Texas 75751
Received:Friday, January 31, 2014
Re:Whether a taxing unit may reserve mineral interests on property that is acquired through tax foreclosure and then resold pursuant to section 34.05 of the Tax Code
Requestor:The Honorable Herb Hancock
Karnes County Attorney
210 West Calvert
Karnes City, Texas 78118
Received:Thursday, January 30, 2014
Re:Whether a charitable organization formed under section 281.0565 of the Health and Safety Code is a political corporation or subdivision of the State of Texas for purposes of Article III, section 52 of the Texas Constitution
Requestor:The Honorable Royce West
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Wednesday, January 15, 2014
Re:Whether a city that has a current tax rate of zero is subject to a rollback election under section 26.07 of the Tax Code or an ad-valorem tax-freeze election under article VIII, section 1-b(h) of the Texas Constitution
Requestor:The Honorable Judith Zaffirini
Chair, Committee on Government Organization
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Thursday, January 9, 2014
Re:Authority of the Rockwall County Juvenile Board over policy matters of the juvenile probation department, including the adoption of a personnel manual
Requestor:The Honorable Kenda Culpepper
Criminal District Attorney
Rockwall County Courthouse
1111 East Yellowjacket Lane, Suite 201
Rockwall, Texas 75087
Received:Friday, December 27, 2013
Re:Implementation of section 601.123 of the Transportation Code, concerning the establishment of financial responsibility by making a deposit with the county judge
Requestor:The Honorable Janna Ivey Lindig
Bandera County Attorney
Post Office Box 656
Bandera, Texas 78003
Received:Monday, December 23, 2013
Re:Use of the Common Core State Standards Initiative by Texas school districts to teach state standards
Requestor:The Honorable Dan Patrick
Chair, Committee on Education
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Friday, December 20, 2013
Re:Whether a Type 4B economic development corporation may use sales tax funds to hire an independent contractor for the purpose of developing a comprehensive plan for future development of the city
Requestor:The Honorable René O. Oliveira
Chair, Committee on Business & Industry
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Wednesday, December 11, 2013
Re:Whether the Texas Lottery Commission may deny or revoke an entity’s bingo-related license based on the criminal history of an individual associated with that entity
Requestor:Mr. J. Winston Krause, Chair
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
Received:Friday, December 6, 2013
Re:Application of the nepotism exception in Education Code section 11.1513(g) to a school district when the county’s population increases to exceed 35,000
Requestor:Mr. Michael Williams
Commissioner of Education
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494
Received:Thursday, December 5, 2013
Re:Assessment and distribution of criminal court costs
Requestor:Mr. David Slayton
Administrative Director
Office of Court Administration
205 West 14th Street, Suite 600
Austin, Texas 78711
Received:Monday, December 2, 2013
Re:Salary increases for assistant auditors and administrative assistants after passage of the county budget
Requestor:The Honorable Richard N. Countiss
San Jacinto County District Attorney
1 State Highway 150, Room #21
Coldspring, Texas 77331-0403
Received:Tuesday, November 26, 2013
Re:Whether state agencies, including institutions of higher education, must obtain approval from the State Office of Risk Management prior to purchasing insurance coverage
Requestor:Jonathan D. Bow, J.D.
Executive Director
State Office of Risk Management
Post Office Box 13777
Austin, Texas 78711-3777
Received:Friday, November 22, 2013
Re:Authority of Texas Department of Housing and Community Affairs over implementation of the at-risk development set asides under the low income housing tax credit program in Texas Government Code sections 2306.6702(a)(5) and 2306.6714
Requestor:Mr. J. Paul Oxer, Chair
Governing Board
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
Received:Friday, November 22, 2013
Re:Whether Code of Criminal Procedure article 59.06 authorizes a district attorney to use asset forfeiture funds in specific circumstances
Requestor:The Honorable John T. Hubert
Kleberg & Kenedy Counties District Attorney
Post Office Box 1471
Kingsville, Texas 78364
Received:Friday, November 15, 2013
Re:Whether a municipal development district’s funding of a new building for a senior civic center, operated by a nonprofit corporation, constitutes a project under section 377.001, Local Government Code
Requestor:The Honorable Rob Baiamonte
Goliad County Attorney
Post Office Box 24
Goliad, Texas 77963
Received:Friday, November 8, 2013
Re:Whether Transportation Code section 720.002 prohibits a political subdivision or state agency from requiring peace officers to issue a certain number of warning citations
Requestor:The Honorable Joe C. Pickett
Chair, Committee on Homeland Security & Public Safety
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, November 12, 2013
Re:Whether a committee of the Legislature may compel testimony protected by the attorney-client privilege and hold those who decline to testify in contempt
Requestor:Mr. Paul L. Foster
U. T. System Board of Regents
201 West Seventh Street, Suite 820
Austin, Texas 78701-2981
Received:Wednesday, November 6, 2013
Re:The scope of section 51.607(a) of the Government Code, concerning the Comptroller of Public Accounts’ identification of new or changed court costs and fees
Requestor:The Honorable Susan Combs
Texas Comptroller of Public Accounts
Post Office Box 13528
Austin, Texas 78711-3528
Received:Monday, October 28, 2013
Re:Whether state statutes that prohibit or void certain restrictive covenants affect covenants existing at the time the statutes are enacted
Requestor:The Honorable Linda Harper-Brown
Chair, Committee on Government Efficiency and Reform
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Monday, October 28, 2013
Re:Whether Family Code section 2.204(c) authorizes a justice of the peace to grant a waiver of the 72-hour waiting period after the issuance of a marriage license
Requestor:The Honorable Luis V. Saenz
Cameron County District Attorney
964 East Harrison Street
Brownsville, Texas 78520
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
Revised: July 31, 2013