Legislative Services

The Texas Association of Counties has highlighted recent Attorney General opinions and requests for opinions of interest to counties. Summaries below are republished directly from opinion letters issued by the Office of the Attorney General without substantive editing.

Attorney General Opinions

KP-0518: Questions the interpretation of the term “health care provider” under Texas Health & Safety Code § 161.701(2) and the applicability and scope of Senate Bill 14 of the 88th Legislature to mental health professionals licensed by the Texas Behavioral Health Executive Council (RQ-0605-KP). The opinion summary provides, the definition of a “health care provider” in subsection 161.701(2) of the Health and Safety Code unambiguously encompasses the professions regulated by the Texas Behavioral Health Executive Council. Any licensee that facilitates the provision of unlawful procedures or treatments that aim to transition a child’s sex are thus forbidden from receiving public money in support of those efforts and, separately, risk revocation of their licenses to practice.

KP-0519: Questions the legality of activities of election inspectors and poll watchers (RQ-0632-KP). The opinion holds, state inspectors are not prohibited, as a matter of law, from taking photographs and videos while observing election activities. Neither are poll watchers prohibited, as a matter of law, from observing election activities related to mail-in ballots.

Requests for an Attorney General Opinion

RQ-0634-KP: Delta County Attorney. Asks seven different questions relating to whether counties possess any express, direct and specifically granted statutory or constitutional authority to impose a moratorium, whether temporary, conditional or indefinite, on the siting, design, construction, installation, testing, manufacturing, permitting, operation or other development activities associated with commercial utility-scale solar energy facilities, battery energy storage systems (BESS), wind energy facilities, other renewable or clean energy projects, and data centers and/or data mining.

RQ-0635-KP: 143rd Judicial District Attorney, Monahans. Questions the voting residency of shift-work EMS personnel in Loving County.

RQ-0636-KP: San Patricio County Auditor. Questions regarding what constitutes a “grave public necessity” under the Local Government Code to amend a county budget.

RQ-0637-KP: Senate Committee on Administration. Asks questions relating to whether an amusement machine is considered a gambling device under the Texas Penal Code when the machine offers both chance-based and skill-based game modes.