Compassionate Use Program
Sen. Charles Schwertner has requested an opinion from the Attorney General on whether dispending organizations licensed to cultivate, process , and dispense low-THC cannabis may transport and store their low-THC cannabis inventory between DPS approved locations before a prescription is issued and filed under the Compassionate Use Act and its governing regulations.
Ector County Utility District Board
The Ector County Auditor has requested an opinion from the Attorney General relating to certain actions of the Ector County Utility District Board of Directors Open Meetings Act violations, vacancies of the Board of Directors, improper filing of candidate forms, the role of Commissioners Court in appointments or removal of directors, and whether or not misconduct of the Board of Directors has taken place.
AG Paxton Issues Opinion on Repair Service Donation to TSLAC
Attorney General Ken Paxton has issued opinion KP-0452 regarding Texas State Library and Archives Commission authority to receive a donation of repair, rehabilitation, or construction work for a specific purpose where a donor pays a third-party to perform the work. In the initial request, TSLAC lays out three questions:
- If it is considered a donation of services, can the donor then select a vendor of their choosing to provide the services?
- Would the commission retain oversight authority over the repairs and/or rehabilitation services if a third party donated funds to a vendor to perform those services?
- If a donation of services paid for by a third party is considered a donation of money, since statute authorizes the commission to accept money “on any terms and conditions it considers proper so long as the state does not incur financial liability,” would the commission be required to follow standard state procurement and contracting requirements or would a simplified process subject to commission oversight to ensure professional work be acceptable?
In his response, Paxton concluded the following:
“Government Code subsection 441.006(b)(2) authorizes the Texas State Library and Archives Commission (TSLAC) to receive a donation of money or services on terms and conditions it considers proper as long as the State does not incur financial liability as a result of the donation. A court would likely conclude TSLAC’s authority to receive a donation of “services” under subsection 441.006(b)(2) includes the authority to receive a donation of repair, rehabilitation, or construction work for a specific purpose, even if the donor pays a third party to perform the work.”
For more detailed information, see request RQ-0001JS and Paxton opinion KP-0452.