Pending Opinion Requests
Now you can subscribe to the OAG's Pending Opinion Requests list. If you subscribe, you will receive an e-mail informing you of newly posted Requests for Attorney General Opinions. The e-mail will include a hot 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 you submit your brief or comments by the date shown below to ensure that the Committee will have adequate time to review and consider arguments relevant to the request. When submitting a brief, please reference the Request Number (RQ) indicated below, i.e. RQ-0001-GA. Parties may request an extension of time to file a brief by calling (512) 463-2110.
| RQ-0645-GA | |
| Received: | Wednesday, November 7, 2007 |
| Re: | Whether DNA testing information introduced in a criminal trial is subject to disclosure under the Public Information Act, chapter 552, Government Code |
| Requestor: | The Honorable Craig Watkins
Dallas County Criminal District Attorney
Frank Crowley Courts Building
133 North Industrial Boulevard, LB-19
Dallas, Texas 75207-4399 | | Briefs due by: |
Monday, December 17, 2007 |
| RQ-0644-GA | |
| Received: | Monday, October 29, 2007 |
| Re: | Whether Denton Municipal Electric is required to discount charges for electric service to the University of North Texas |
| Requestor: | Mr. Lee F. Jackson, Chancellor
University of North Texas System
Post Office Box 311220
Denton, Texas 76203-1220 | | Briefs due by: |
Thursday, December 13, 2007 |
| RQ-0643-GA | |
| Received: | Friday, October 26, 2007 |
| Re: | Status of the Kerr County Airport Authority |
| Requestor: | The Honorable Rex Emerson
Kerr County Attorney
County Courthouse, Suite BA-103
700 Main Street
Kerrville, Texas 78028 | | Briefs due by: |
Monday, December 10, 2007 |
| RQ-0642-GA | |
| Received: | Friday, October 26, 2007 |
| Re: | Whether a commissioners court is required to notify in advance of a budget hearing on a proposed salary reduction |
| Requestor: | The Honorable Jon C. Fultz
Grimes County Attorney
Grimes County Law Enforcement Center
382 FM 149 West
Anderson, Texas 77830
Mr. Sidney “Buck” LaQuey
Grimes County Auditor
Post Office Box 510
Anderson, Texas 77830 | | Briefs due by: |
Monday, December 3, 2007 |
| RQ-0641-GA | |
| Received: | Friday, October 19, 2007 |
| Re: | Whether a county attorney is required to issue an identification card provided by Government Code, section 614.122 to unpaid investigators of the county attorney's office |
| Requestor: | The Honorable James M. Kuboviak
Brazos County Attorney
Brazos County Courthouse
300 East 26th Street, Suite 325
Bryan, Texas 77803-5327 | | Briefs due by: |
Monday, December 3, 2007 |
| RQ-0640-GA | |
| Received: | Friday, October 19, 2007 |
| Re: | Authority of a county auditor to refuse payment to employees of a county hospital on the ground that such payment is unconstitutional |
| Requestor: | The Honorable Dan W. Heard
Calhoun County Criminal District Attorney
211 South Ann Street
Port Lavaca, Texas 77979 | | Briefs due by: |
Friday, November 30, 2007 |
| RQ-0639-GA | |
| Received: | Wednesday, October 17, 2007 |
| Re: | Constitutionality of the use of a particular formula by which the Brazos River Authority proposes to sell real property surrounding Possum Kingdom Lake |
| Requestor: | The Honorable Kip Averitt
Chair, Committee on Natural Resources
Texas State Senate
Post Office Box 12068
Austin, Texas 78711 | | Briefs due by: |
Monday, November 26, 2007 |
| RQ-0638-GA | |
| Received: | Monday, October 15, 2007 |
| Re: | Constitutionality of section 51.413, Natural Resources Code, which purports to authorize the School Land Board to transfer proceeds from the sale of land held within the Permanent School Funds to the Available School Fund |
| Requestor: | The Honorable Don McLeroy, Chair
State Board of EducationWilliam B. Travis Building
1701 North Congress Avenue
Austin, Texas 78701-1494 | | Briefs due by: |
Monday, November 26, 2007 |
| RQ-0637-GA | |
| Received: | Tuesday, October 16, 2007 |
| Re: | Whether a foreign commercial motor vehicle registered in another state is required to register in Texas |
| Requestor: | The Honorable Mike Krusee
Chair, Committee on Transportation
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Monday, November 26, 2007 |
| RQ-0636-GA | |
| Received: | Monday, October 15, 2007 |
| Re: | Whether a county and the school districts located within the county may participate in a joint venture to develop and sell rights to the natural resources located in county school lands (RQ-0636-GA)
|
| Requestor: | The Honorable Homero Ramirez
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78042-0268 | | Briefs due by: |
Tuesday, November 20, 2007 |
| RQ-0635-GA | |
| Received: | Thursday, October 11, 2007 |
| Re: | Whether certain provisions of House Bill 3732, enacted by the 80th Legislature, restrict the rule-making power of the Texas Commission on Environmental Quality to pollution control property associated with advanced clean energy projects as defined in section 382.003 of the Health and Safety Code (RQ-0635-GA) |
| Requestor: | Mr. Buddy Garcia, Chairman
Texas Commission on Environmental Quality
Post Office Box 13087
Austin, Texas 78711-3087 | | Briefs due by: |
Thursday, November 15, 2007 |
| RQ-0634-GA | |
| Received: | Wednesday, October 10, 2007 |
| Re: | Whether a proposed rule of the State Board for Educator Certification that relates to certification eligibility of persons with criminal convictions is preempted by section 21.060 of the Education Code (RQ-0634-GA) |
| Requestor: | Mr. Robert Scott
Commissioner of Education (Acting)
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701-1494 | | Briefs due by: |
Thursday, November 15, 2007 |
| RQ-0633-GA | |
| Received: | Friday, October 5, 2007 |
| Re: | Reimbursement of a fire fighter or police officer who is subpoenaed as a witness in a civil service hearing and testifies during his or her time off |
| Requestor: | The Honorable Joe Driver
Chair, Committee on Law Enforcement
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Monday, November 12, 2007 |
| RQ-0632-GA | |
| Received: | Tuesday, October 2, 2007 |
| Re: | Whether a proposed limitation on the use of overtime in the calculation of retirement benefits for vested employees of the City of Fort Worth contravenes article XVI, section 66 of the Texas Constitution |
| Requestor: | The Honorable Phil King
Chair, Committee on Regulated Industry
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Monday, November 12, 2007 |
| RQ-0631-GA | |
| Received: | Wednesday, September 26, 2007 |
| Re: | Authority of the Harris County Commissioners Court to lease or purchase a juvenile detention center in Colorado County, and to use asset forfeiture funds in the transaction |
| Requestor: | The Honorable Charles A. Rosenthal, Jr.
Harris County District Attorney
1201 Franklin Street, Suite 600
Houston, Texas 77002 | | Briefs due by: |
Monday, November 5, 2007 |
| RQ-0630-GA | |
| Received: | Wednesday, September 26, 2007 |
| Re: | Whether section 531.0972, which establishes a pilot program in Bexar County that may involve the anonymous exchange of used hypodermic needles and syringes, exempts participants in the program from criminal prosecution for possession of drug paraphernalia |
| Requestor: | The Honorable Jeff Wentworth
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711 | | Briefs due by: |
Monday, November 5, 2007 |
| RQ-0628-GA | |
| Received: | Thursday, September 20, 2007 |
| Re: | Whether article 2.122(a)(6), Code of Criminal Procedure applies both to inspectors of the United States Postal Inspection Service and to the Office of the Inspector General, U.S. Postal Service |
| Requestor: | The Honorable Susan D. Reed
Bexar County Criminal District Attorney
Cadena-Reeves Justice Center
300 Dolorosa, Fifth Floor
San Antonio, Texas 78205-2311 | | Briefs due by: |
Monday, October 29, 2007 |
| RQ-0627-GA | |
| Received: | Wednesday, September 19, 2007 |
| Re: | Applicability of certain provisions of the Tax Code to the eligibility of a community housing organization seeking an exemption from ad valorem taxation |
| Requestor: | The Honorable Eddie Lucio, Jr.
Chair, Committee on International Relations and Trade
Texas State Senate
Post Office Box 12068
Austin, Texas 78711 | | Briefs due by: |
Monday, October 29, 2007 |
| RQ-0626-GA | |
| Received: | Tuesday, September 18, 2007 |
| Re: | Whether chapter 572, Government Code, relating to the filing of personal financial statements, is applicable to the board members of The Tobacco Settlement Permanent Trust Account Investment Advisory Committee |
| Requestor: | The Honorable Wayne Smith
Chair, Committee on County Affairs
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Thursday, October 25, 2007 |
| RQ-0625-GA | |
| Received: | Tuesday, September 18, 2007 |
| Re: | Possible conflict between two bills enacted by the 80th Legislature that amend section 25.0951(a), Education Code, relating to a student's failure to attend school |
| Requestor: | The Honorable Jeri Yenne
Brazoria County Criminal District Attorney
County Courthouse
111 East Locust, Suite 408A
Angleton, Texas 77515 | | Briefs due by: |
Wednesday, October 24, 2007 |
| RQ-0624-GA | |
| Received: | Tuesday, September 11, 2007 |
| Re: | Meaning of "proper magistrate" or "proper court" for purposes of article 15.20(b), Code of Criminal Procedure
|
| Requestor: | The Honorable David Aken
San Patricio County Attorney
San Patricio County Courthouse, Room 108
Sinton, Texas 78387 | | Briefs due by: |
Wednesday, October 24, 2007 |
| RQ-0623-GA | |
| Received: | Monday, September 17, 2007 |
| Re: | Whether a foreign corporation may transport horsemeat for human consumption in-bond through Texas for immediate export abroad |
| Requestor: | The Honorable Warren Chisum
Chair, Committee on Appropriations
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Wednesday, October 24, 2007 |
| RQ-0622-GA | |
| Received: | Friday, September 14, 2007 |
| Re: | Whether the Schoolchildren's Religious Liberties Act, subchapter E, chapter 25, Education Code, is circumscribed in the Houston Independent School District by a 1970 permanent injunction issued by a federal district court |
| Requestor: | Mr. Robert Scott, Acting Commissioner
Texas Education Agency
1701 North Congress Avenue
Austin, Texas 78701 | | Briefs due by: |
Monday, October 22, 2007 |
| RQ-0621-GA | |
| Received: | Thursday, September 13, 2007 |
| Re: | Whether section 30.05, Penal Code, the Criminal Trespass statute, is applicable to recreational vehicle parking |
| Requestor: | The Honorable Jeff Wentworth
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711 | | Briefs due by: |
Monday, October 22, 2007 |
| RQ-0620-GA | |
| Received: | Monday, September 10, 2007 |
| Re: | Whether under the County Purchasing Act, subchapter C, chapter 262, Local Government Code, a project may be financed in distinct phases so as to avoid competitive bidding requirements |
| Requestor: | The Honorable Jesse Gonzales, Jr.
Pecos County Attorney
103 West Callaghan
Fort Stockton, Texas 79735 | | Briefs due by: |
Wednesday, October 17, 2007 |
| RQ-0619-GA | |
| Received: | Friday, September 7, 2007 |
| Re: | Whether a non-profit economic development that receives partial funding from quasi-public utilities is subject to the Texas Public Information Act |
| Requestor: | The Honorable Tracy O. King
Chair, Committee on Border & International Affairs
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Monday, October 15, 2007 |
| RQ-0618-GA | |
| Received: | Thursday, September 6, 2007 |
| Re: | Authority of a county to borrow funds to pay for the construction of a convention center |
| Requestor: | The Honorable Marsha Monroe
Terrell County Attorney
Post Office Box 745
Sanderson, Texas 79848 | | Briefs due by: |
Monday, October 15, 2007 |
| RQ-0617-GA | |
| Received: | Thursday, August 30, 2007 |
| Re: | Whether a state agency must use an average of 100 Mcf per day of natural gas in order to qualify for the exemption provided by section 104.202 of the Utilities Code |
| Requestor: | The Honorable Richard L. “Rick” Hardcastle
Chair, Committee on Energy Resources
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Thursday, October 4, 2007 |
| RQ-0615-GA | |
| Received: | Wednesday, August 29, 2007 |
| Re: | Whether a county may fund a water district |
| Requestor: | The Honorable Keri Roberts
Mills County Attorney
Post Office Box 160
Goldthwaite, Texas 76844 | | Briefs due by: |
Monday, October 1, 2007 |
| RQ-0613-GA | |
| Received: | Friday, August 17, 2007 |
| Re: | Whether an individual may simultaneously serve on both the Village of Wimberley City Council and on the board of directors of the Wimberley Water Supply Corporation
|
| Requestor: | The Honorable Jeff Wentworth
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711 | | Briefs due by: |
Friday, September 21, 2007 |
| RQ-0612-GA | |
| Received: | Friday, August 3, 2007 |
| Re: | Authority of a commissioners court to grant a tax abatement to a wind generating firm for construction of wind turbines located on real property owned by a county commissioner |
| Requestor: | The Honorable William J. Stroman, Jr.
Sterling County Attorney
Post Office Box 88
Sterling City, Texas 76951 | | Briefs due by: |
Monday, September 10, 2007 |
| RQ-0611-GA | |
| Received: | Wednesday, August 1, 2007 |
| Re: | Whether the Brazos River Authority may discount current lease rates for certain persons |
| Requestor: | Mr. Steve Peña, Presiding Officer
Brazos River Authority
Post Office Box 7555
Waco, Texas 76714-7555 | | Briefs due by: |
Friday, September 7, 2007 |
| RQ-0610-GA | |
| Received: | Tuesday, July 31, 2007 |
| Re: | Constitutionality of section 521.032, Transportation Code, which permits the Department of Public Safety to issue an enhanced drivers license or personal identification certificate for the purpose of crossing the border between Texas and Mexico |
| Requestor: | Mr. Thomas A. Davis, Jr., Director
Texas Department of Public Safety
Post Office Box 4087
Austin, Texas 78773-0001 | | Briefs due by: |
Thursday, September 6, 2007 |
| RQ-0609-GA | |
| Received: | Monday, July 30, 2007 |
| Re: | Retroactive application of section 11.168 of the Education Code |
| Requestor: | The Honorable Homero Ramirez
Webb County Attorney
1110 Washington Street, Suite 301
Laredo, Texas 78042 | | Briefs due by: |
Thursday, September 6, 2007 |
| RQ-0608-GA | |
| Received: | Friday, July 27, 2007 |
| Re: | Applicability of nepotism statutes after a child is born to the marriage of a city employee and the son of a city commissioner |
| Requestor: | The Honorable Eddie Lucio, Jr.
Chair, Committee on International Relations and Trade
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
| | Briefs due by: |
Tuesday, September 4, 2007 |
| RQ-0606-GA | |
| Received: | Thursday, July 26, 2007 |
| Re: | County responsibility for subdivision roads |
| Requestor: | The Honorable R. Kelton Conner
Hood County Attorney
1200 W. Pearl Street
Granbury, TX 76048 | | Briefs due by: |
Friday, August 31, 2007 |
| RQ-0605-GA | |
| Received: | Thursday, July 19, 2007 |
| Re: | Authority of members of the Texas Senate to remove the president of the Senate |
| Requestor: | The Honorable Will Hartnett
Chair, Committee on Judiciary
P.O. Box 2910
Austin, TX 78768-2910 | | Briefs due by: |
Friday, August 24, 2007 |
| RQ-0604-GA | |
| Received: | Thursday, July 19, 2007 |
| Re: | Whether community supervision and corrections department may permit certain probationers to pay a set fee per hour in lieu of community service not performed |
| Requestor: | The Honorable Jesusa Sanchez-Vera
Jim Wells County Attorney
P.O. Drawer 2080
Alice, TX 78333 | | Briefs due by: |
Wednesday, December 31, 1969 |
| RQ-0602-GA | |
| Received: | Tuesday, July 17, 2007 |
| Re: | Whether the Texas Lottery Commission may operate a raffle-type game |
| Requestor: | Mr. James A. Cox, Jr.
Chairman, Texas Lottery Commision
P.O. Box 16630
Austin, TX 78761-6630 | | Briefs due by: |
Monday, August 20, 2007 |
| RQ-0601-GA | |
| Received: | Thursday, July 12, 2007 |
| Re: | Consequences resulting from the downsizing of the Waller County Appraisal District |
| Requestor: | The Honorable Elton R. Mathis
Waller County Criminal District Attorney
846 Sixth Street, Ste. 1
Hempstead, TX 77445 | | Briefs due by: |
Thursday, August 16, 2007 |
| RQ-0600-GA | |
| Received: | Thursday, July 5, 2007 |
| Re: | Whether an election ballot may contain both a proposal to merge two emergency services districts and a provision to increase the tax ceiling |
| Requestor: | The Honorable Jeri Yenne
Brazoria County Criminal District Attorney
111 E. Locust, Suite 408 A
Angleton, TX 77515 | | Briefs due by: |
Monday, August 13, 2007 |
| RQ-0599-GA | |
| Received: | Friday, June 29, 2007 |
| Re: | Whether a local civil service commission may adopt a rule that awards additional points to examination scores on the basis of residency within the municipality |
| Requestor: | The Honorable Kevin Bailey
Chair, Urban Affairs
Texas House of Representatives
P.O. Box 2910
Austin, TX 78768-2910 | | Briefs due by: |
Friday, August 10, 2007 |
| RQ-0597-GA | |
| Received: | Wednesday, June 27, 2007 |
| Re: | Validity of June 25, 2007 amendments to Texas Lottery Commission rule on pull-tab bingo |
| Requestor: | The Honorable Jane Nelson
Chair, Committtee on Health and Human Services
Texas State Senate
P.O. Box 12068
Austin, Texas 78711 | | Briefs due by: |
Monday, July 30, 2007 |
| RQ-0596-GA | |
| Received: | Tuesday, June 26, 2007 |
| Re: | Authority of property tax consultant to act as agent for property owners under section 1.11, Tax Code |
| Requestor: | The Honorable Fred Hill
Chair, Committee on Local Government Ways and Means
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910 | | Briefs due by: |
Monday, July 30, 2007 |
| RQ-0595-GA | |
| Received: | Monday, June 25, 2007 |
| Re: | Proper distribution of money seized under chapter 59, Code of Criminal Procedure, prior to a final judgment |
| Requestor: | The Honorable John R. Roach
Criminal District Attorney
Collin County Courthouse
210 S. McDonald, Ste. 324
McKinney, TX 75069 | | Briefs due by: |
Friday, July 27, 2007 |
| RQ-0594-GA | |
| Received: | Monday, June 25, 2007 |
| Re: | Proper method for filling vacancies on the Harlingen City Commission |
| Requestor: | The Honorable Armando R. Villalobos
Cameron County District Attorney
974 E. Harrison Street
Brownsville, TX 78520 | | Briefs due by: |
Friday, July 27, 2007 |
| RQ-0593-GA | |
| Received: | Wednesday, June 20, 2007 |
| Re: | Authority of a county to assist in funding a generator to be leased to a radio station |
| Requestor: | The Honorable Elizabeth Murray-Kolb
Guadalupe County Attorney
101 E. Court St., Ste. 104
Seguin, TX 78155-5779 | | Briefs due by: |
Thursday, July 26, 2007 |
| RQ-0592-GA | |
| Received: | Wednesday, June 20, 2007 |
| Re: | Whether a single permit for a "mass gathering" under chapter 751, Health and Safety Code, may be granted for multiple events |
| Requestor: | The Honorable Geoffrey Barr
Comal County Criminal District Attorney
150 N. Seguin Avenue, Suite 307
New Braunfels, TX 78130 | | Briefs due by: |
Thursday, July 26, 2007 |
| RQ-0591-GA | |
| Received: | Wednesday, June 20, 2007 |
| Re: | Whether an applicant for a home inspector license is required to carry general liability insurance, professional liability insurance, or both |
| Requestor: | Mr. Wayne Thorburn
Texas Real Estate Commission Administrator
P.O. Box 12188
Austin, TX 78711-2188 | | Briefs due by: |
Wednesday, July 25, 2007 |
| RQ-0590-GA | |
| Received: | Tuesday, June 19, 2007 |
| Re: | Whether a county that chooses to operate under subchapter C of chapter 111, Local Government Code, may appoint its county judge as its county budget officer |
| Requestor: | The Honorable Jana Duty
Williamson County Attorney
405 M.L.K. Street, Box 7
Georgetown, TX 78626 | | Briefs due by: |
Monday, July 23, 2007 |
| RQ-0589-GA | |
| Received: | Monday, June 18, 2007 |
| Re: | Scope of the authority of the Office of Speaker of the Texas House of Representatives |
| Requestor: | The Honorable James L. Keffer
Chair, Ways and Means Committee
The Honorable Byron Cook
Chair of the Civil Practices Committee
House of Representatives
P.O. Box 2910
Austin, TX 78768-2610 | | Briefs due by: |
Friday, August 3, 2007 |
Revised:
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Opinions
