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Public Safety

State of Texas
Texas Attorney General's Office
Opinion Notifications
Monday, February 26, 2018

The Texas Attorney General's Office today issued legal opinions on two matters regarding state law, including the extend to which the administrative fee provisions of the Transportation Code apply to an entity operating a toll lane.

Regarding the matter concerning administrative fee provisions of the Transportation Code, the Attorney General's Office stated that "the administrative fee provisions of subsection 228.0547(b) of the Transportation Code are powers and duties of the Department of Transportation that apply to an entity that contracts with the Department pursuant to subsection 228.007(b) of the Transportation Code to operate a toll lane."

The opinion was requested by Texas State Representative Joseph C. Pickett.
Opinion Request

The Attorney General's Office also issued an opinion regarding whether veterans with Veterans Affairs home loans may execute a cash-out refinance loan on their homestead property.

According to the Attorney General's Office, "because  of the guaranty by the federal government, which is additional collateral, Texas Constitution, article XVI, subsection 50(a)(6)(H) prohibits a U.S. Department of Veterans Affairs cash-out refinance loan."

The opinion was requested by Roland Gutierrez, chair of the Texas House Committee on Defense & Veterans' Affairs.
Opinion Request

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