Texas Business reports:  The Texas Attorney General’s office has been asked whether or not the U.S. citizenship requirement to hold a racing license in Texas is constitutional.

Attorney General opinions often are requiested by different state officials to explain the meaning or applicability of existing laws. The opinions do not address matters of fact, and they are neither legislative nor judicial in nature.

The opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law. Often, the opinions are treated as being persuavive by different courts, but the ultimate determination of a law's applicability, meaning or constitutionality is left to the courts.

Texas Racing Commission chairman Rolando B. Pablos requested the Attorney General’s office to determine whether or not the Texas residency requirements for holding a racing license are constitutional.

Specifically, Pablos points at a South Dakota federal district court ruling in 1991 that held the South Dakota residency requirements are unconstitutional.

Pablos questions whether or not the Texas statute  that requires an applicant to be a U.S. citizen for at least 10 years.  In additional, Pablos points to the state residency requirements under the Texas Alcoholic Beverage Code which were held to be unconstitutional by a federal district court but was later reversed in part by the U.S. Fifth Circuit court.

Pablos believes the Fifth Circuit left in place the ruling which voided residency requirements.

To see Pablos full letter, click here.