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, 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:Standards courts apply when balancing the rights of the State against the fundamental rights of parents to raise their children free from government intrusion
Requestor:The Honorable James White
Chair, Committee on Corrections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
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:Wednesday, September 19, 2018
Re:Authority of county law enforcement to enforce county weight regulations on county roads
Requestor:The Honorable Matthew C. Poston
Liberty County Attorney
1923 Sam Houston Street, Suite 202
Liberty, Texas 77575
Received:Friday, September 14, 2018
Re:Whether chapter 1704 of the Occupations Code prohibits a jail or detention facility from using a third party contractor to provide persons in the custody of law enforcement with information on available bail bond services
Requestor:The Honorable Rene O. Oliveira
Chair, Committee on Business & Industry
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Monday, September 10, 2018
Re:Whether a city attorney and the city administrator are local public officials subject to chapter 171 of the Local Government Code
Requestor:The Honorable J. D. Lambright
Montgomery County Attorney
501 North Thompson, Suite #300
Conroe, Texas 77301
Received:Wednesday, September 5, 2018
Re:Whether members of the Physician Health and Rehabilitation Advisory Committee are entitled to legal representation by the Office of the Attorney General and indemnification under the Civil Practice and Remedies Code
Requestor:Sherif Zaafran, M.D., President
Texas Medical Board
Post Office Box 2018
Austin, Texas 78768-2018
Received:Wednesday, August 29, 2018
Re:Whether the Secretary of State is the "returning officer" under Article III, section 13(a) of the Texas Constitution, and if not, which officer serves that role
Requestor:The Honorable Rolando B. Pablos
Texas Secretary of State
Post Office Box 12697
Austin, Texas 78711-2697
Received:Wednesday, August 22, 2018
Re:Whether a commissioners court has a duty to maintain public roads
Requestor:The Honorable Natalie C. Koehler
Bosque County Attorney
Post Office Box 215
Meridian, Texas 76665
Received:Monday, August 20, 2018
Re:Authority of a county under article III, section 52(a) of the Texas Constitution, to refund penalties and interest paid by taxpayers to a private collection firm in certain circumstances
Requestor:The Honorable Matthew A. Mills
Hood County Attorney
1200 West Pearl Street
Granbury, Texas 76048
Received:Monday, August 20, 2018
Re:Application of Government Code section 573.062, the nepotism continuous-employment exception, to a tax assessor/collector's sister-in-law
Requestor:The Honorable Dana Norris Young
Cherokee County Attorney
Post Office Box 320
Rusk, Texas 75785
Received:Wednesday, August 1, 2018
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 Charles Schwertner
Chair, Committee on Health and Human Services
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Friday, July 27, 2018
Re:Whether a county may provide funding to a school district for grounds maintenance, a library, and law enforcement and funding to a hospital district for purchase of a mental health facility
Requestor:The Honorable Russell W. Malm
Midland County Attorney
500 North Loraine, Suite 1103
Midland, Texas 79701
Received:Tuesday, July 24, 2018
Re:Whether the Texas Southmost College District may acquire and hold title to land from the General Services Administration through the Federal Lands to Parks program
Requestor:The Honorable Eddie Lucio, Jr.
Chair, Committee on Intergovernmental Relations
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Monday, July 23, 2018
Re:County payment of expenses for contracted workers in specific circumstances
Requestor:The Honorable Courtney Tracy Ponthier
Newton County Criminal District Attorney
110 East Court Street
Newton, Texas 75966
Received:Thursday, June 7, 2018
Re:Authority of a county commissioners court over disbursing funds received from a compact waste disposal facility under Health and Safety Code section 402.244
Requestor:The Honorable Timothy J. Mason
Andrews County/District Attorney
121 North West Avenue A
Andrews, Texas 79714
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