RQ-0539-KP
Requestor:
The Honorable Charles Schwertner
Chair, Senate Committee on Business & Commerce
Texas State Senate
Post Office Box 12068
Austin, Texas 78711-2068
Re: Whether HB 1763 and HB 1919, enacted by the 87th Legislature and codified in chapter 1369 of the Insurance Code, are enforceable against a health benefit plan issuer and a pharmacy benefit manager administering the pharmacy benefits of the health benefit plan in certain circumstances (RQ-0539-KP)
Briefs requested by June 17, 2024
RQ-0540-KP
Requestor:
The Honorable Steven A. Wadsworth
Gillespie County Attorney
125 West Main Street, Suite L41
Fredericksburg, Texas 78624
Re: Questions relating to potential conflicts of interest involving attorney-spouses under Rule 1.06 of the Texas Disciplinary Rules of Professional Conduct in specific circumstances (RQ-0540-KP)
Briefs requested by June 20, 2024
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202402265
Justin Gordon
General Counsel
Office of the Attorney General
Filed: May 21, 2024
Opinion No. KP-0465
Mr. J.R. Johnson
Executive Director
Texas Ethics Commission
Post Office Box 12070
Austin, Texas 78711-2070
Re: Authority of the Texas Ethics Commission to release sworn complaint information, confidential under Texas Government Code chapter 571, to a member of the Legislature for a legislative purpose (RQ-0519-KP)
S U M M A R Y
As part of the Public Information Act, Government Code section 552.008 affords a Legislator a special right of access to governmental information sought for legislative purposes. But Government Code chapter 571, governing the Texas Ethics Commission, expressly provides that documents and evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint are not subject to the Public Information Act. Accordingly, a court giving effect to this plain language would likely conclude that the Texas Ethics Commission may not release confidential sworn complaint information to a Legislator pursuant to a request under section 552.008.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202402266
Justin Gordon
General Counsel
Office of the Attorney General
Filed: May 21, 2024