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, 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:Friday, May 18, 2018
Re:Whether article 11, section 5 of the Texas Constitution prohibits a city from amending its charter on the uniform election date in the twenty-fourth month after a previous charter amendment if that election date is not a full two calendar years from the previous amendment election
Requestor:The Honorable Jodie Laubenberg
Chair, Committee on Elections
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
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:Monday, June 4, 2018
Re:Whether a county clerk whose office does not accept electronic documents for recording must accept and record a printed copy of an electronic document that does not comply with the original signature and other requirements of certain provisions of the Property Code
Requestor:The Honorable David Willborn
Guadalupe County Attorney
211 West Court Street
Seguin, Texas 78155-5779
Received:Tuesday, May 29, 2018
Re:Whether a funeral provider may infer a decedent's preferred method of disposition from the contents of a prepaid funeral contract
Requestor:Mr. Charles G. Cooper
Banking Commissioner
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
Received:Wednesday, May 23, 2018
Re:Issues related to quorums and city council member absences
Requestor:The Honorable John Zerwas, M.D.
Chair, Committee on Appropriations
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Wednesday, May 23, 2018
Re:Whether a commissioners court may fund certain county departments 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
Received:Thursday, May 10, 2018
Re:Whether and to what extent the Permanent School Fund is non-spendable
Requestor:The Honorable George P. Bush
Texas General Land Office
Post Office Box 12873
Austin, Texas 78711-2873
Received:Friday, May 4, 2018
Re:Whether a member of an independent school district board of trustees may simultaneously serve as a county judge
Requestor:The Honorable Marco A. Montemayor
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78040
Received:Wednesday, May 2, 2018
Re:Whether a state legislator may simultaneously serve as president of a municipal management district operating under chapter 375 of the Local Government Code (confirmation and clarification of Attorney General Opinion GA-0386)
Requestor:The Honorable Sarah Davis
Chair, Committee on General Investigation & Ethics
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Wednesday, May 2, 2018
Re:Whether a legislator may receive payment from a unit of local government for lobbying activities
Requestor:The Honorable Sarah Davis
Chair, Committee on General Investigation & Ethics
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Wednesday, May 2, 2018
Re:Applicability of Education Code section 44.043 to a school district's consideration of a vendor's or person's relationship with a charter school
Requestor:The Honorable Kelly Hancock
Chair, Committee on Business & Commerce
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Received:Friday, April 27, 2018
Re:Authority and process for removing historical plaques in the Texas Capitol Complex
Requestor:The Honorable Joe Moody
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910
Received:Monday, April 23, 2018
Re:Whether an employee of Eagle Pass Water Works System is a municipal employee for purposes of section 392.031 of the Local Government Code, which prohibits a municipal officer or employee from being appointed a commissioner to a municipal housing authority
Requestor:The Honorable Roberto Serna
293rd Judicial District
458 Madison Street
Eagle Pass, Texas 78852
Received:Wednesday, April 18, 2018
Re:Whether recreational vehicle park guests are licensees or tenants
Requestor:The Honorable Charles Perry
Chair, Committee on Agriculture, Water & Rural Affairs
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
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