Legislative Services

Attorney General Opinions

KP-0469: Questions whether low-THC cannabis inventory may be transported between department-approved locations by a licensed dispensing organization before a prescription is issued and filled under the Compassionate-Use Act (RQ-0525-KP). The opinion holds the Texas Compassionate-Use Act in chapter 487 of the Health and Safety Code provides a regulatory structure administered by the Department of Public Safety for the medical use of low-THC cannabis in conjunction with chapter 169 of the Occupations Code. Neither the Compassionate-Use Act nor its associated regulations prohibit a licensed dispensing organization from transporting its low-THC cannabis inventory between department-approved locations prior to a prescription being issued and filled. Department rules generally contemplate the transportation of low-THC cannabis and probably do not prohibit the proposed scenario so long as any transportation of low-THC cannabis comports with the statutory exemption to the offense of delivery of marihuana provided by subsection 481.111(e)(2) of the Controlled Substances Act.

KP-0470: Questions the calculation of the limitation of school tax on homesteads of the elderly or disabled under Texas Tax Code section 11.26 (RQ-0528-KP). The opinion provides Tax Code section 11.26 sets a ceiling on the taxes a school district may impose on individuals qualifying for a property tax exemption as a disabled person or person 65 or older under Tax Code subsection 11.13(c). Subsection 11.26(a) includes a computation that compares the amount of tax imposed in the first and second year the person qualifies for the exemption. The computation of that ceiling under other provisions in section 11.26 that adjust for the Legislature's compression of school district maintenance and operations taxes (subsections (a-5) through (a-9)) does not include the two-year comparison set forth in subsection 11.26(a). But each of these compression adjustment provisions applies, “notwithstanding” the other provisions of section 11.26. Accordingly, they control over the two-year comparison in subsection 11.26(a), and the school tax ceiling should be computed pursuant to those subsections without reference to the two-year comparison.

Requests for an Attorney General Opinion

RQ-0546-KP: Senate Committee on Nominations. Asks whether a county has the authority to adopt portions of a fire code under Local Government Code section 233.062(c).

RQ-0547-KP: Texas Behavioral Health Council. Asks whether a complainant is a party to a disciplinary action against a license holder under Occupations Code section 507.205(b)(2).

RQ-0548-KP: Clay County Auditor. Asks whether using SB 22 grant funds to finance a county's hiring of an administrative assistant to work in a dual role for the county judge and the prosecuting attorney constitutes a conflict of interest.

RQ-0549-KP: McLennan County District Attorney. Asks about the acceptable use of records management and preservation funds collected under Local Government Code section 118.0216.