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:Tuesday, January 9, 2018
Re:Whether a motor vehicle manufacturer or distributor that performs warranty services under a manufacturer's warranty is in violation of section 2301.476(c)(3) of the Occupations Code
Requestor:Ms. Whitney Brewster, Executive Director
Texas Department of Motor Vehicles
4000 Jackson Avenue
Austin, Texas 78731
Received:Monday, January 8, 2018
Re:Consequences of failing to comply with the requirements for continuation of existing private transfer fee obligations under section 5.203 of the Property Code
Requestor:The Honorable James White
Chair, Committee on Corrections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Thursday, December 28, 2017
Re:Authority of a Justice of the Peace to designate a specific peace officer or law enforcement agency to execute an emergency detention warrant under section 573.012(d) of the Health and Safety Code
Requestor:The Honorable Renee Ann Mueller
Washington County Attorney
100 East Main, Suite 200
Brenham, Texas 77833
Received:Monday, December 18, 2017
Re:Authority of an individual commissioner of the Railroad Commission to unilaterally terminate or hire an Executive Director for the Commission and related questions
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:Wednesday, December 13, 2017
Re:Whether an independent school district may contribute funds to a scholarship program for graduates from the district to attend a community college
Requestor:The Honorable Scott Brumley
Potter County Attorney
500 South Fillmore, Room 301
Amarillo, Texas 79101
Received:Wednesday, December 13, 2017
Re:Restrictions on the use of a school district's public funds to provide transportation to and from the polling places and for political communications for or against a particular measure or candidate
Requestor:The Honorable Paul Bettencourt
Chair, Select Committee on Property Tax Reform
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Monday, December 11, 2017
Re:County authority to collect or delegate the collection of money owed to the
Requestor:Mr. Edward A. Dion
El Paso County Auditor
800 East Overland Street, Room 406
El Paso, Texas 79901-2407
Received:Thursday, December 7, 2017
Re:Whether the rights that a grandfathered bingo commercial lessor holds under a commercial lessor license may be transferred to another entity under the license transfer provisions of the Bingo Enabling Act
Requestor:Mr. J. Winston Krause
Texas Lottery Commission
Post Office Box 16630
Austin, Texas 78761-6630
Received:Tuesday, December 5, 2017
Re:Whether a member of a school district board of trustees is subject to the resign to run provisions of article 16, section 65 of the Texas Constitution and whether an officeholder listed in that section automatically resigns by making a statement that the officeholder is considering or exploring a candidacy for another office
Requestor:The Honorable J.M. Lozano
Chair, Committee on Higher Education
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, November 30, 1999
Re:Authority of a Justice of the Peace to hire a bailiff and warrant officer and related duties of a constable
Requestor:The Honorable Luis V. Saenz
Cameron County District Attorney
964 East Harrison Street, Fourth Floor
Brownsville, Texas 78520
Received:Wednesday, November 29, 2017
Re:Use of civil asset forfeiture funds to purchase property insurance pending appeal
Requestor:The Honorable Lucy Wilke
District Attorney
216th Judicial District
Kerr and Gillespie Counties
200 Earl Garrett Street, Suite 202
Kerrville, Texas 78028
Received:Monday, November 27, 2017
Re:Whether the authority granted by section 1201.461 of the Occupations Code to a manufactured home retailer to remove the label of a salvaged manufactured home is preempted by federal law
Requestor:Mr. Joe Garcia
Executive Director
Texas Department of Housing and Community Affairs
Manufactured Housing Division
Post Office Box 12489
Austin, Texas 78711-2489
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
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
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
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
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
Texas Department of Agriculture
Post Office Box 12847
Austin, Texas 78711
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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