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, March 20, 2019
Re:Authority of a clerk to deny a defendant's request to withdraw funds the defendant paid toward fines and court costs prior to a guilty plea or determination of guilt
Requestor:The Honorable Todd A. Durden
Kinney County Attorney
Post Office Box 365
Brackettville, Texas 78832-0365
Received:Wednesday, February 20, 2019
Re:Whether the same individual may serve as city manager and as police chief in a home-rule municipality
Requestor:The Honorable Russell D. Thomason
Eastland County Criminal District Attorney
100 West Main, Suite 204
Eastland, Texas 76448
Received:Wednesday, February 20, 2019
Re:Whether a groundwater conservation district may define "agricultural crop" as "food or fiber commodities grown for resale of commercial purposes that provide food, clothing, or animal feed" and utilize that definition to determine the applicable fee rate for "irrigating agricultural crops"
Requestor:The Honorable Bob Hall
Chair, Committee on Agriculture
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Tuesday, February 19, 2019
Re:Applicability of a city's charter to a municipal development district created by the city
Requestor:The Honorable Greg Buckley
Childress County Attorney
100 Avenue East NW, Suite 2
Childress, Texas 79201
Received:Tuesday, February 19, 2019
Re:Purchasing authority of a criminal district attorney's office as a specialized local entity under Local Government Code section 140.003
Requestor:The Honorable Sharen Wilson
Tarrant County Criminal District Attorney
401 West Belknap
Fort Worth, Texas 76196
Received:Friday, February 8, 2019
Re:Use of pretrial intervention program funds collected under Code of Criminal Procedure article 102.0121 to supplement the salary of an attorney or staff member who assists in the administration of the program
Requestor:Mr. Matthew S. Weingardt, CPA
Val Verde County Auditor
901 Bedell Avenue, Suite A
Del Rio, Texas 78840
Received:Wednesday, February 6, 2019
Re:Authority of municipalities to regulate firearm and ammunition sales through zoning and other regulations
Requestor:The Honorable Donna Campbell, M.D.
Chair, Committee on Veterans Affairs and Border Security
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Thursday, January 31, 2019
Re:Whether the Jackson County Navigation District may require an easement for new and existing aerial utility lines which cross over its boundaries
Requestor:Ms. Michelle Darilek, CPA
Jackson County Auditor
411 North Wells, Room 201
Edna, Texas 77957
Received:Monday, January 14, 2019
Re:Whether durational or amount limitations exist for loans and grants issued for economic development programs pursuant to chapter 381 of the Local Government Code
Requestor:The Honorable Garnet Coleman
Chair, Committee on County Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, January 22, 2019
Re:Constitutionality of State Bar of Texas governance
Requestor:Mr. Joe K. Longley
State Bar of Texas
3305 Northland Drive, Suite 500
Austin, Texas 78731
Received:Wednesday, January 16, 2019
Re:Whether section 2261.252(e) of the Government Code allows a member of the State Soil and Water Conservation Board to receive funding through an agency program for land improvement measures
Requestor:Mr. Jose O. Dodier, Jr.
Texas State Soil and Water Conservation Board
1497 Country View Lane
Temple, Texas 76504-8806
Received:Tuesday, January 15, 2019
Re:Applicability of nondisclosure orders on the licensing operations of the Texas Board of Nursing, and reconsideration of GA-0919 due to amendments to chapter 411 of the Government Code
Requestor:Ms. Katherine A. Thomas, MN, RN, FAAN
Executive Director
Texas Board of Nursing
333 Guadalupe Street, Suite 3-460
Austin, Texas 78701
Received:Thursday, December 27, 2018
Re:Whether an arbitration decision binds the Manufactured Housing Division of the Texas Department of Housing and Community Affairs with respect to payment amounts under the manufactured homeowner consumer claims program
Requestor:Mr. Joe A. Garcia
Executive Director
Manufactured Housing Division
Texas Department of Housing and
Community Affairs
Post Office Box 12489
Austin, Texas 78711-2489
Received:Tuesday, December 18, 2018
Re:Whether a private attorney or collection agency that contracts with a county to collect delinquent amounts owed to county courts may charge defendants a fee for the use of credit cards
Requestor:Ms. Shelly Atteberry
Cooke County Auditor
Cooke County Courthouse
101 South Dixon Street
Gainesville, Texas 76240
Received:Friday, December 14, 2018
Re:Use of funds collected from claims on subdivision road maintenance bonds required under Local Government Code section 232.003(7)
Requestor:The Honorable J. D. Lambright
Montgomery County Attorney
501 North Thompson, Suite 300
Conroe, Texas 77301
Received:Thursday, December 13, 2018
Re:Authority of the Historical Commission to permit the destructive testing of human remains for research purposes, including the purpose of obtaining DNA samples adequate to enable the identification of genetically-related descendants
Requestor:Mr. Mark Wolfe
Executive Director
Texas Historical Commission
Post Office Box 12276
Austin, Texas 78711-2276
Received:Tuesday, November 27, 2018
Re:Whether individuals convicted of a felony are eligible to run for office in Texas after completing their sentence and having their voting rights restored
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
Received:Tuesday, November 27, 2018
Re:Whether the Prompt Pay Act applies to out-of-network claims
Requestor:The Honorable Joe Moody
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, November 27, 2018
Re:Whether a local law enforcement agency's "no-chase" policy limits a peace officer's duty to prevent and suppress crime and exposes the peace officer to civil liability for later harm caused by the offender the peace officer failed to chase
Requestor:The Honorable Joe Moody
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Tuesday, October 30, 2018
Re:Whether repeal of 40 U.S.C. 318 affects the authority the Legislature granted to Federal Protective Service officers under article 2.122(b) of the Texas Code of Criminal Procedure
Requestor:The Honorable Jaime Esparza
District Attorney
34th Judicial District
El Paso County Courthouse, 2nd Floor
500 East San Antonio Street
El Paso, Texas 79901-2420
Received:Monday, October 15, 2018
Re:Competitive bidding requirements applied to municipal airport operation
Requestor:The Honorable Rod Ponton
Presidio County Attorney
Post Office Drawer M
Marfa, Texas 79843
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