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-0825-GA | |
| Received: | Friday, September 18, 2009 |
| Re: | Whether a custodial parent may raise a defense to prosecution under section 43.24(c)(2), Penal Code, governing sale, distribution, or display of harmful material to a minor |
| Requestor: | The Honorable James A. Farren Randall County Criminal District Attorney 2309 Russell Long Boulevard, Suite 120 Canyon, Texas 79015 |
| Briefs due: | Wednesday, October 28, 2009 |
| RQ-0824-GA | |
| Received: | Thursday, September 10, 2009 |
| Re: | Whether a municipality is required to receive a petition signed by 20 percent of its qualified voters before calling an election to withdraw from a regional transportation authority |
| Requestor: | The Honorable Jane Nelson Chair, Committee on Health & Human Services Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 |
| Briefs due: | Monday, October 26, 2009 |
| RQ-0823-GA | |
| Received: | Wednesday, September 9, 2009 |
| Re: | Whether a sheriff may accept an administrative fee from a third party that contracts for the operation of the county jail |
| Requestor: | The Honorable Yvonne Davis Chair, Committee on Urban Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, October 26, 2009 |
| RQ-0822-GA | |
| Received: | Wednesday, September 9, 2009 |
| Re: | Whether a Type A General Law Municipality may impose and enforce a nonpoint source pollution ordinance in its extraterritorial jurisdiction pursuant to section 26.177, Water Code |
| Requestor: | The Honorable Patrick Rose Chair, Committee on Human Services Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Friday, October 23, 2009 |
| RQ-0820-GA | |
| Received: | Tuesday, September 1, 2009 |
| Re: | Authority of a licensing agency to obtain criminal history information regarding an applicant |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due: | Friday, October 16, 2009 |
| RQ-0819-GA | |
| Received: | Monday, August 31, 2009 |
| Re: | Whether a district clerk may accept assignment of a defendant's cash bail bond refund in payment of the defendant's fines and costs |
| Requestor: | The Honorable Vince Ryan Harris County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 |
| Briefs due: | Wednesday, October 14, 2009 |
| RQ-0818-GA | |
| Received: | Monday, August 31, 2009 |
| Re: | Authority of a school district to access and use a county's right-of-way for the installation of fiber optic cable |
| Requestor: | The Honorable Garnet F. Coleman Chair, Committee on County Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Friday, October 9, 2009 |
| RQ-0817-GA | |
| Received: | Tuesday, August 25, 2009 |
| Re: | Status of property located in more than one groundwater conservation district |
| Requestor: | The Honorable Kip Averitt Chair, Committee on Natural Resources Texas State Senate Post Office Box 12068 Austin, Texas 78711-2068 |
| Briefs due: | Monday, October 5, 2009 |
| RQ-0816-GA | |
| Received: | Tuesday, August 25, 2009 |
| Re: | Whether a district attorney may use asset forfeiture funds to pay for her defense in a federal civil suit filed under 42 U.S.C.A. section 1983 |
| Requestor: | The Honorable Lynda K. Russell 123rd Judicial District Attorney, Shelby County 200 San Augustine Street, Suite #12 Center, Texas 75935 |
| Briefs due: | Friday, October 2, 2009 |
| RQ-0815-GA | |
| Received: | Thursday, August 13, 2009 |
| Re: | Whether the South Texas Water Authority may adopt an effective tax rate under the provisions of chapter 26 of the Tax Code |
| Requestor: | The Honorable Rene Oliveira Chair, Committee on Ways & Means Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, September 21, 2009 |
| RQ-0814-GA | |
| Received: | Tuesday, August 4, 2009 |
| Re: | Qualifications for service on the board of directors of the Logan Slough Creek Improvement District; elections to the District board; and applicability of the Open Meetings Act and Public Information Act to the District |
| Requestor: | The Honorable Mark Homer Chair, Committee on Culture, Recreation & Tourism Texas House of Representatives Post Office Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, September 14, 2009 |
| RQ-0813-GA | |
| Received: | Friday, July 17, 2009 |
| Re: | Whether a member of the board of directors of the Agua Special Utility District may simultaneously serve as a member of the board of trustees of South Texas College |
| Requestor: | The Honorable Veronica Gonzales Chair, Committee on Border & Intergovernmental Affairs Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, August 31, 2009 |
| RQ-0812-GA | |
| Received: | Friday, July 17, 2009 |
| Re: | Jurisdiction over land that is annexed by two separate special districts |
| Requestor: | The Honorable Patrick Rose Chair, Committee on Human Services Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Wednesday, August 26, 2009 |
| RQ-0811-GA | |
| Received: | Wednesday, July 15, 2009 |
| Re: | Authority of a magistrate to issue a certificate of title to a motor vehicle under article 47.02, Code of Criminal Procedure, or otherwise |
| Requestor: | Mr. Amadeo Saenz, Jr., PE, Executive Director Texas Department of Transportation Dewitt C. Greer State Highway Building 125 East 11th Street Austin, Texas 78701 |
| Briefs due: | Thursday, August 20, 2009 |
| RQ-0810-GA | |
| Received: | Tuesday, July 14, 2009 |
| Re: | Authority of the Governor to grant a posthumous pardon |
| Requestor: | The Honorable Rodney Ellis Chair, Committee on Government Organization Texas State Senate Post Office Box 12068 Austin, Texas 78711 |
| Briefs due: | Monday, August 17, 2009 |
| RQ-0809-GA | |
| Received: | Monday, June 22, 2009 |
| Re: | Whether a peace officer who has taken a person into custody under chapter 573 of the Health & Safety Code is required to transport that individual to a medical facility for evaluation prior to taking that person to a mental health facility |
| Requestor: | The Honorable M. Rex Emerson Kerr County Attorney County Courthouse, Suite BA-103 700 Main Street Kerrville, Texas 78028 |
| Briefs due: | Monday, August 3, 2009 |
| RQ-0808-GA | |
| Received: | Monday, June 15, 2009 |
| Re: | Inclusion of multiple contiguous lots as part of a homestead exemption under section 11.13(j), Tax Code |
| Requestor: | The Honorable Mark Homer Chair, Committee on Culture, Recreation & Tourism Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Thursday, July 30, 2009 |
| RQ-0807-GA | |
| Received: | Tuesday, June 9, 2009 |
| Re: | Whether a passenger who is not a county employee may be transported in a county vehicle |
| Requestor: | The Honorable H. Michael Bartley Delta County Attorney Post Office Box 462 Cooper, Texas 75432 |
| Briefs due: | Monday, July 20, 2009 |
| RQ-0806-GA | |
| Received: | Thursday, June 4, 2009 |
| Re: | Eligibility for employment of a former member of a school district board of trustees under section 11.063 of the Education Code |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due: | Sunday, July 19, 2009 |
| RQ-0805-GA | |
| Received: | Wednesday, June 3, 2009 |
| Re: | Whether the prohibition against owning or holding an interest in more than five package stores or their permit and the exceptions to such prohibition in chapter 22 of the Alcoholic Beverage Code violate federal or state law |
| Requestor: | The Honorable Rodney Ellis Chair, Committee on Government Organization Texas State Senate Post Office Box 12068 Austin, Texas 78711 The Honorable Senfronia Thompson Chair, Committee on Local & Consent Calendars Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Thursday, July 16, 2009 |
| RQ-0804-GA | |
| Received: | Tuesday, June 2, 2009 |
| Re: | Whether under chapter 1102 of the Occupations Code, the Texas Real Estate Commission has jurisdiction to take disciplinary action against a licensed inspector who performs a real estate inspection for a person who is not a buyer or seller or potential buyer or seller of real property |
| Requestor: | Ms. Loretta R. DeHay Interim Administrator Texas Real Estate Commission Post Office Box 12188 Austin, Texas 78711-2188 |
| Briefs due: | Wednesday, July 15, 2009 |
| RQ-0803-GA | |
| Received: | Wednesday, May 27, 2009 |
| Re: | Whether Texas State Technical College (TSTC) can legally enter into a student loan program with a private lender, whereby TSTC and the private lender share the risk of students defaulting on the loans |
| Requestor: | Mr. Bill Segura, Chancellor Texas State Technical College System 3801 Campus Drive Waco, Texas 76705 |
| Briefs due: | Friday, July 10, 2009 |
| RQ-0802-GA | |
| Received: | Wednesday, May 27, 2009 |
| Re: | Whether a justice of the peace deferring the adjudication of a charge of violating the Parks and Wildlife Code may impose a special expense without assessing a fine and, if so, whether any portion of the special expense must be remitted to the Parks and Wildlife Department |
| Requestor: | Mr. Sidney “Buck” LaQuey Grimes County Auditor Post Office Box 510 Anderson, Texas 77830 |
| Briefs due: | Thursday, July 9, 2009 |
| RQ-0801-GA | |
| Received: | Thursday, May 28, 2009 |
| Re: | Constitutionality of appropriation rider concerning one-time payment to eligible members of the Employees Retirement System and the Teacher Retirement System |
| Requestor: | The Honorable Steve Ogden Chair, Committee on Finance Texas State Senate Post Office Box 12068 Austin, Texas 78711 The Honorable Jim Pitts Chair, Committee on Appropriations Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, July 6, 2009 |
| RQ-0800-GA | |
| Received: | Wednesday, May 27, 2009 |
| Re: | Whether a county auditor may require the county treasurer to obtain prior approval of a transfer of county funds from one account in the county depository to another, or from one investment to another |
| Requestor: | The Honorable Scott Brumley Potter County Attorney 500 South Fillmore Street, Room 303 Amarillo, Texas 79101 |
| Briefs due: | Tuesday, June 30, 2009 |
| RQ-0799-GA | |
| Received: | Friday, May 22, 2009 |
| Re: | Whether a county's disclosure on its website of driver license photographs received from the Department of Public Safety would violate the Motor Vehicle Records Disclosure Act or the Driver Privacy Protection Act |
| Requestor: | Col. Lamar Beckworth, Interim Director Texas Department of Public Safety 5805 North Lamar Boulevard Austin, Texas 78752-4431 |
| Briefs due: | Friday, July 3, 2009 |
| RQ-0798-GA | |
| Received: | Thursday, May 21, 2009 |
| Re: | Authority of a city to re-acquire extraterritorial jurisdiction that it previously relinquished pursuant to chapter 42 of the Local Government Code |
| Requestor: | The Honorable Mark Homer Chair, Committee on Culture, Recreation & Tourism Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, June 29, 2009 |
| RQ-0797-GA | |
| Received: | Thursday, May 14, 2009 |
| Re: | Whether the section 143.023(c), Local Government Code, prohibition against certifying a person 45 years or older for a beginning position in a police department applies to the reappointment of a police officer under section 143.0251, Local Government Code |
| Requestor: | The Honorable John Whitmire Chair, Committee on Criminal Justice Texas State Senate Post Office Box 12068 Austin, Texas 78711 |
| Briefs due: | Thursday, June 25, 2009 |
| RQ-0795-GA | |
| Received: | Wednesday, April 15, 2009 |
| Re: | Whether the behavioral health unit of the Titus Regional Medical Center is a "private facility" for the purpose of the filing fee required by section 118.055, Local Government Code |
| Requestor: | The Honorable John Mark Cobern Titus County Attorney 100 West First Street Mount Pleasant, Texas 75455 |
| Briefs due: | Monday, May 25, 2009 |
| RQ-0794-GA | |
| Received: | Tuesday, April 14, 2009 |
| Re: | Whether the Texas Department of Aging & Disability Services may authorize assisted living facilities to provide nursing services to terminally ill patients and others |
| Requestor: | Ms. Adelaide Horn Commissioner of Aging and Disability Services Texas Department of Aging and Disability Services Post Office Box 149030 Austin, Texas 78714-9030 |
| Briefs due: | Monday, May 25, 2009 |
| RQ-0792-GA | |
| Received: | Thursday, March 26, 2009 |
| Re: | Whether an appraisal district may conduct its appraisals on other than an annual basis |
| Requestor: | The Honorable Anna Laura Cavazos Ramirez Webb County Attorney 1110 Washington Street, Suite 301 Laredo, Texas 78040 |
| Briefs due: | Monday, May 18, 2009 |
| RQ-0771-GA | |
| Received: | Thursday, December 4, 2008 |
| Re: | Authority of the Texas Lottery Commission to adopt a rule defining the terms "gambling promoter" and "professional gambler" |
| Requestor: | The Honorable Aaron Peña Chair, Committee on Criminal Jurisprudence Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, January 19, 2009 |
| RQ-0760-GA | |
| Received: | Wednesday, November 5, 2008 |
| Re: | Authority of the Texas Youth Commission to require a juvenile to register as a sex offender |
| Requestor: | The Honorable Tim Curry Tarrant County Criminal District Attorney 401 West Belknap Fort Worth, Texas 76196 |
| Briefs due: | Monday, December 22, 2008 |
| RQ-0726-GA | |
| Received: | Monday, July 14, 2008 |
| Re: | Whether a complaint filed against a licensed veterinarian is subject to disclosure to the licensee and/or the general public |
| Requestor: | Mr. Dewey E. Helmcamp, III, J.D. Executive Director Texas Board of Veterinary Medical Examiners 333 Guadalupe, Suite 3-810 Austin, Texas 78701-3942 |
| Briefs due: | Monday, August 18, 2008 |
| RQ-0720-GA | |
| Received: | Tuesday, May 27, 2008 |
| Re: | Whether certain information about licensees of the Texas Board of Nursing is subject to disclosure under the Public Information Act, chapter 552, Government Code, or chapter 301, Occupations Code |
| Requestor: | Ms. Katherine A. Thomas, MN, RN Executive Director Texas Board of Nursing 333 Guadalupe Street, Suite 3-460 Austin, Texas 78701 |
| Briefs due: | Friday, July 18, 2008 |
| RQ-0710-GA | |
| Received: | Friday, May 2, 2008 |
| Re: | Whether a school district may use district funds to pay a traffic fine imposed by a municipality |
| Requestor: | Mr. Robert Scott Commissioner of Education Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 |
| Briefs due: | Thursday, June 12, 2008 |
| RQ-0688-GA | |
| Received: | Tuesday, March 18, 2008 |
| Re: | Whether state resources may be used to process state payroll deductions for the purpose of political campaign donations |
| Requestor: | The Honorable Leo Berman Chair, Committee on Elections Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 |
| Briefs due: | Monday, April 21, 2008 |
| 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 County Courthouse 111 East Locust, Suite 408A Angleton, Texas 77515 |
| Briefs due: | Monday, August 13, 2007 |