OPEXA THERAPEUTICS, INC.
                         2635 North Crescent Ridge Drive
                           The Woodlands, Texas 77381


                                                                 October 2, 2009

VIA EDGAR
---------
Mr. Jeffrey Riedler
Assistant Director
United States Securities and
   Exchange Commission
Mail Stop 4720, 100 F Street, N.E.
Washington, D.C. 20549

Re:  Opexa Therapeutics, Inc. (the "Company")
     Post Effective Amendment No. 1 on Form S-3
     originally filed September 17, 2009
     (File No. 333-147167) (the "Registration Statement")
     ----------------------------------------------------

Ladies and Gentlemen:

     The Company hereby  requests,  pursuant to Rule 461  promulgated  under the
Securities Act of 1933, as amended,  acceleration of  effectiveness  of the Post
Effective Amendment No. 1 on Form S-3 to the Registration Statement so that such
Post  Effective  Amendment  No. 1 will become  effective as of 9:00 am,  Eastern
Daylight  Savings  Time,  Tuesday,  October 6, 2009,  or as soon  thereafter  as
practicable.

     In connection with the Company's  request for acceleration of effectiveness
of the  above-referenced  Registration  Statement,  the Company acknowledges the
following:

     (1)   Should the Commission  or the staff,  acting  pursuant  to  delegated
authority,  declare the filing  effective,  it does not foreclose the Commission
from taking any action with respect to the filing;

     (2)   The  action of the  Commission  or  the  staff,  acting  pursuant  to
delegated  authority,  in declaring the filing  effective,  does not relieve the
Company  from its full  responsibility  for the  adequacy  and  accuracy  of the
disclosure in the filing; and

     (3)   The Company may not assert  staff  comments  and the  declaration  of
effectiveness as a defense in any proceeding  initiated by the Commission or any
person under the federal securities law of the United States.

                                     Very truly yours,

                                     OPEXA THERAPEUTICS, INC.
                                     By: /s/ Neil K. Warma
                                         -----------------
                                         Neil K. Warma
                                         President, Chief Executive Officer and
                                         Acting Chief Financial Officer