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-0160-KP
Received:Wednesday, April 19, 2017
Re:Whether a municipal utility district may use its surplus funds to repair or replace cluster-type mailbox facilities that serve residences in the district
Requestor:The Honorable Lyle Larson
Chair, Committee on Natural Resources
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0159-KP
Received:Monday, April 24, 2017
Re:Whether an independent school district must hold a tax ratification election pursuant to Tax Code section 26.08 when it adopts a lower tax rate
Requestor:The Honorable John Zerwas
Chair, Committee on Appropriations
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0158-KP
Received:Thursday, April 20, 2017
Re:Whether the board of trustees of a public junior college may allow licensed concealed handguns in open meetings of the board of trustees
Requestor:The Honorable Jim Murphy
Chair, Committee on Special Purpose Districts
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0156-KP
Received:Wednesday, April 5, 2017
Re:Authority of a public school district to operate a transportation system outside of its geographical boundaries under section 34.007 of the Education Code
Requestor:The Honorable Dustin H. Boyd
Coryell County District Attorney
702 East Leon Street
Gatesville, Texas 76528
   
RQ-0155-KP
Received:Wednesday, March 22, 2017
Re:Whether affidavits regarding ownership of real property by adverse possession may be recorded with the county clerk pursuant to section 12.001(a) of the Property Code
Requestor:The Honorable Joseph D. Brown
Grayson County Criminal District Attorney
200 South Crockett, Suite 116A
Sherman, Texas 75090
   
RQ-0154-KP
Received:Wednesday, March 22, 2017
Re:The validity of local stock law elections held under statutes in effect in 1918
Requestor:The Honorable Richard E. Glaser
Fannin County Criminal District Attorney
101 East Sam Rayburn Drive, Suite 301
Bonham, Texas 75418
   
RQ-0153-KP
Received:Wednesday, March 8, 2017
Re:Which party pays for the copy of the reporter’s record filed with the trial court clerk pursuant to Rule of Appellate Procedure 34.6(h)
Requestor:The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, Room 206
Corpus Christi, Texas 78401-3681
   
RQ-0152-KP
Received:Tuesday, February 28, 2017
Re:Whether a commissioners court may fund the county fire marshal and safety coordinator 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-0151-KP
Received:Thursday, February 23, 2017
Re:Requirements for signatures on a petition filed in connection with a candidate’s application for a place on the ballot
Requestor:The Honorable Jodie Laubenberg
Chair, House Committee on Elections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0150-KP
Received:Tuesday, February 21, 2017
Re:Whether a commissioners court may enter an order authorizing the treasurer to pay certain types of claims and bills prior to presenting the actual claims or bills to the commissioners court
Requestor:The Honorable David P. Weeks
Walker County Criminal District Attorney
1036 11th Street
Huntsville, Texas 77340
   
RQ-0149-KP
Received:Tuesday, February 14, 2017
Re:Whether certain expenditures of commissary proceeds violate section 351.0415 of the Local Government Code
Requestor:Mr. Brandon S. Wood, Executive Director
Texas Commission on Jail Standards
Post Office Box 12985
Austin, Texas 78711
   
RQ-0148-KP
Received:Monday, February 13, 2017
Re:Whether the State may obtain a waiver of a defendant's right to seek expunction of the record of arrest for the offense for which it places the defendant in pre-trial diversion
Requestor:The Honorable Mark A. Gonzalez
Nueces County District Attorney
901 Leopard, Room 206
Corpus Christi, Texas 78401-3681
   
RQ-0147-KP
Received:Thursday, February 2, 2017
Re:Whether relatives of public officials may perform uncompensated work for the official’s office without violating nepotism laws if the relatives receive reimbursement of actual expenses or a per diem expense payment
Requestor:The Honorable James M. Tirey
Hale County Attorney
500 Broadway, Suite 340
Plainview, Texas 79072
   
RQ-0146-KP
Received:Wednesday, January 18, 2017
Re:Whether charitable organizations may conduct raffles that award alcoholic beverages as the prize
Requestor:The Honorable Audrey Louis
81st Judicial District Attorney
1327 3rd Street
Floresville, Texas 78114-1961
   
RQ-0145-KP
Received:Thursday, December 15, 2016
Re:Application of section 571.140 of the Government Code to sworn complaints filed with the Texas Ethics Commission when those complaints become the subject of litigation
Requestor:Mr. Chase Untermeyer, Chair
Texas Ethics Commission
Post Office Box 12070
Austin, Texas 78711-2070
   
RQ-0144-KP
Received:Thursday, December 15, 2016
Re:Application of section 552.1175 of the Government Code to reports filed with the Texas Ethics Commission that by statute must be made available to the public
Requestor:Mr. Chase Untermeyer, Chair
Texas Ethics Commission
Post Office Box 12070
Austin, Texas 78711-2070
   
RQ-0143-KP
Received:Wednesday, November 30, 2016
Re:Whether municipal courts are authorized to report juvenile convictions for drug paraphernalia offenses to the Texas Department of Public Safety
Requestor:The Honorable Harold V. Dutton, Jr.
Chair, Committee on Juvenile Justice and Family Issues
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0142-KP
Received:Friday, November 18, 2016
Re:Construction of the term “disabled” in section 82.002 of the Elections Code as applied to individuals civilly committed pursuant to chapter 841 of the Health and Safety Code
Requestor:The Honorable Scott A. Say
Lamb County and District Attorney
100 6th Drive, Room 111
Littlefield, Texas 79339
   
RQ-0141-KP
Received:Thursday, November 10, 2016
Re:Applicability of the International Energy Conservation Code to new school district building construction after November 1, 2016
Requestor:The Honorable Marco Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
   
RQ-0140-KP
Received:Thursday, November 10, 2016
Re:Scope of residence homestead tax exemption in Tax Code section 11.13(l)(2)(B)
Requestor:The Honorable Rodney W. Anderson
Brazos County Attorney
300 East 26th Street, Suite 1300
Bryan, Texas 77803
   
RQ-0139-KP
Received:Monday, November 7, 2016
Re:Authority of a county that establishes a veterans treatment court program under Government Code chapter 124 to direct and control administrative details including the hiring and supervision of grant-funded personnel
Requestor:The Honorable Nicholas LaHood
Bexar County Criminal District Attorney
101 West Nueva, 7th Floor
San Antonio, Texas 78205-3030
   
RQ-0120-KP
Received:Friday, July 22, 2016
Re:Whether a county attorney who is appointed to serve as a special prosecutor may be paid additional compensation
Requestor:Mr. Rick Dollahan
Gaines County Auditor
Post Office Box 847
Seminole, Texas 79360
   
RQ-0119-KP
Received:Friday, July 22, 2016
Re:Administration and procedures related to motor vehicle registration
Requestor:The Honorable Joseph Pickett
Chair, Committee on Transportation
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
   
RQ-0118-KP
Received:Thursday, July 21, 2016
Re:Whether certain financial transactions of the San Jacinto River Authority comply with the Public Funds Investment Act and the Public Funds Collateral Act
Requestor:Mr. Lloyd B. Tisdale
President, San Jacinto River Authority
Post Office Box 329
Conroe, Texas 77305
   
RQ-0117-KP
Received:Monday, July 18, 2016
Re:Statutory authority of the Forensic Science Commission, the admissibility of certain forensic analyses in Texas courts, and reporting requirements for certain crime laboratories
Requestor:Dr. J.M. Di Maio, Presiding Officer
Texas Forensic Science Commission
1700 North Congress Avenue
Austin, Texas 78701
   
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