Legislative Services

Attorney General Opinions

KP-0406: Whether a school district may withhold medical or health information about a minor child from the child’s parent or legal guardian (RQ-0460-KP). Chapter 26 of the Education Code expressly provides that parents are entitled to the health information of their child, and the Family Educational Rights and Privacy Act grants parents the right to inspect and review the education records of their children, including health information. Parents possess a fundamental right to make decisions concerning the care, custody and control of their child, and school districts and officials must work in partnership with parents in furtherance of the child’s education. Failing to work with parents and provide requested information about a student could subject the school district to legal challenges, civil liability and financial loss. PageTitle IX prohibits educational institutions from discriminating against students on the basis of sex. Nothing in the text of PageTitle IX, nor in the regulations adopted pursuant to that federal statute, discusses parental access to information or authorizes a school district to withhold medical or health information about a minor child from the child’s parent or legal guardian.

Request for Attorney General Opinion

RQ-0455-KP: The Honorable Dana Norris Young, Cherokee County Attorney. Authority of a county to dispose of salvage property under section 263.152 of the Local Government Code.

RQ-0456-KP: The Honorable John K. Greenwood, Lampasas County Attorney. Qualifications for a retired judge's appointment as a visiting judge to a constitutional county court under section 26.023 of the Government Code.

RQ-0457-KP: The Honorable Robert Love, Randall County Criminal District Attorney; the Honorable Scott Brumley, Potter County Attorney; and the Honorable Randall Sims, 47th District Attorney. Whether an amusement machine is a gambling device under section 47.01 of the Penal Code where the amount awarded from play is determined partially by chance.

RQ-0458-KP: The Honorable Matt Krause, Chair, House Committee on General Investigating, Texas House of Representatives. Whether Texas law prohibits the possession, sale and distribution of child-like sex dolls.

RQ-0459-KP: The Honorable Briscoe Cain, Texas House of Representatives. Authorized services a notary public may provide and fees a notary public may charge under state law.

RQ-0460-KP: The Honorable Briscoe Cain, Chair, House Committee on Elections, Texas House of Representatives. Whether a school district may withhold medical or health information about a minor child from the child's parent or legal guardian.

RQ-0461-KP: The Honorable Rene P. Montalvo, Starr County Attorney. Whether a county attorney may also serve as legal counsel to the appraisal district and the appraisal review board in the same county.