ATTORNEY GENERAL

Requests for Opinions

RQ-0627-KP

Requestor:

The Honorable Donna Campbell, M.D.

Chair, Senate Committee on Nominations

Texas State Senate

Post Office Box 12068

Austin, Texas 78711-2068

Re: Eligibility for service as a commissioner on a governing board of an emergency services district under Health & Safety Code § 775.034 (RQ-0627-KP)

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-202600317

Justin Gordon

General Counsel

Office of the Attorney General

Filed: January 27, 2026


Opinions

Opinion No. KP-0506

Ms. Shandra Carter

Executive Director

Texas Juvenile Justice Department

Post Office Box 12757

Austin, Texas 78701

Re: Office of Independent Ombudsman authority to interview youth and inspect facilities under Chapter 261 of the Human Resources Code (RQ-0583-KP)

S U M M A R Y

The Office of Independent Ombudsman is authorized under subsections 261.101(a)(2) and (a)(3) of the Human Resources Code to interview a child adjudicated for delinquent conduct constituting a felony and committed to the Department who is located at a county pre-adjudication facility.

The Office is also authorized to inspect a county pre-adjudication facility under subsection 261.101(a)(4) if a child adjudicated for delinquent conduct constituting a felony and committed to the Department is placed there by the Department or juvenile probation department. Likewise, the Office may inspect the same under subsection 261.101(f)(1)(D) if the child is placed there by court order.

Opinion No. KP-0507

The Honorable Brad Buckley, DVM

Chair, House Committee on Public Education Texas

House of Representatives

Post Office Box 2910

Austin, Texas 78768-2910

Re: Village authority to reduce a Local Option Homestead Exemption (RQ-0594-KP)

S U M M A R Y

Subsection 11.13(n-1) of the Tax Code prohibits the governing body of a school district, municipality, or county from repealing or reducing the local option homestead exemption from the amount that was adopted for the 2022 tax year through the 2027 tax year. Thus, the Village of Salado's governing body may not reduce the rate of its local option homestead exemption for fiscal year 2025-2026 from that adopted for the 2022 tax year.

Opinion No. KP-0508

The Honorable Ashley Cain Land

Chambers County Attorney

Post Office Box 1200

Anahuac, Texas 77514

Re: Whether "advanced recycling facilities" engage in "recycling" under Texas law (RQ-0602-KP)

S U M M A R Y

Advanced recycling facilities that use pyrolysis on post-use polymers are engaged in recycling under the Solid Waste Disposal Act.

Opinion No. KP-0509

The Honorable Kelly Hancock

Acting Comptroller of Public Accounts

Post Office Box 13528

Austin, Texas 78711-3528

Re: Eligibility of certain private schools to participate in the Texas Education Freedom Accounts program (RQ-0625-KP)

S U M M A R Y

Texas Education Code section 29.358(h)(2)'s "other relevant law" provision incorporates by reference other laws that govern the lawful operation of educational service providers and vendors that aspire to participate in the Texas Education Freedom Accounts program. This includes the prohibition on property ownership by transnational criminal organizations as well as the categorical bar on providing material support to foreign terrorist organizations, both of which govern educational service providers and vendors alike. But the Legislature has charged the Comptroller with the exclusive duty of finding facts on which such "relevant law" can be applied.

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

TRD-202600318

Justin Gordon

General Counsel

Office of the Attorney General

Filed: January 27, 2026