Texas Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Texas, with full citations and the original source on every page.
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Do I need a Social Security or VA disability rating to vote early by mail in Texas?
The AG concluded the only standard that matters is the Election Code's own. Section 82.002 lets a qualified voter cast a mail-in ballot if a sickness or physical condition prevents the voter from…
Can a Texas water district give public funds to a federal agency for a conservation program?
The AG concluded the Edwards Aquifer Authority (EAA) likely may do all three things it asked about. First, Article III, section 52 of the Texas Constitution bars granting public money to 'any…
Does a county have to keep paying a justice of the peace who retired and stopped doing the job?
The AG could not say the justice of the peace was entitled to the pay as a matter of law. Under the Texas Constitution's holdover provision (article XVI, section 17), an officer must keep performing…
Can a city put one of its council members on the municipal housing authority board?
The AG concluded no. Under Local Government Code section 392.031, a commissioner of a municipal housing authority 'may not be an officer or employee of the municipality,' and a city council member…
Is the charter school bond guarantee limit a monthly cap or a cumulative cap?
The AG concluded it is a cumulative cap. Texas uses its permanent school fund to guarantee school district and charter district bonds through the Bond Guarantee Program, which lowers borrowing…
Can a Texas county use tax increment financing to fund a reinvestment zone?
The AG concluded that, absent a constitutional amendment, a county likely cannot. Tax increment financing freezes the taxable value of property in a zone and dedicates the taxes on the growth above…
Can a Texas county sheriff accept or solicit donations from the public?
The AG concluded that the commissioners court, not the sheriff, is the body the Legislature authorized to accept donations on a county's behalf, under section 81.032 of the Local Government Code. No…
If two hospital district board candidates tie in the election, do they need a runoff or can both serve full terms?
The AG concluded that no tie-breaking election is required. The Election Code's runoff provision (section 2.002) only applies when candidates tie for an office that still needs to be filled, and…
Can a Texas school district use an estimated property value to set its tax rate after adopting its budget?
The AG concluded no. The shortcut that lets a school district use a certified estimate of property values, instead of the final certified appraisal roll, is available only to a district that elects…
Does a Texas home-rule city need 225,000 residents to annex land for limited purposes when all the landowners agree?
The AG did not give a yes-or-no answer. Section 43.129 of the Local Government Code lets a city annex land for limited purposes when the landowner consents, and that section sets no population…
Can a Texas notary public refuse to release or black out entries in their notary record book?
The AG concluded that entries in a notary public's record book are public records under Chapter 406 of the Government Code, and a notary must provide a certified copy of any entry to anyone who asks…
Can a Texas sheriff give away or sell old jail commissary equipment, and where does the sale money go?
The AG concluded that equipment a sheriff buys with county jail commissary proceeds keeps the character of commissary funds, so it has to keep benefiting jail inmates. The sheriff cannot simply…
Can a county's private debt-collection vendor edit court records or dockets in Texas?
The AG gave a nuanced answer. He would not provide a single definition of 'court record' or 'court docket,' explaining both terms mean different things in different contexts. On the substance, he…
Can a Texas charity keep its property-tax exemption if it leases its land to a partnership to build and only holds equitable title?
The AG did not decide whether the Deaf Action Center's leased property would remain exempt. It concluded only that a court would likely apply equitable-ownership principles to the section 11.18…
Can Texas A&M use Available University Fund money to support its Galveston branch campus?
The AG concluded that the Available University Fund (AUF) support-and-maintenance money the Texas Constitution directs to Texas A&M University goes to the University 'as an institution,' not tied to…
Can a Texas county require its contractors to pay workers a living wage above the state minimum?
The AG concluded that a court would likely find Dallas County is not expressly authorized by section 62.0515 of the Labor Code to require its contractors to pay a higher 'living' wage as a condition…
Does the Texas Medicaid rule paying licensed counselors 70% of psychiatrist rates apply to managed-care plans?
The AG concluded that HHSC's rule 355.8091, which reimburses licensed professional counselors, certain clinical social workers, and marriage and family therapists at 70% of the Medicaid rate paid to…
Can the Texas psychology board destroy a psychologist's patient records that a court placed in its custody?
The AG concluded that the boxes of a psychologist's patient records a court placed in the custody of the State Board of Examiners of Psychologists are likely not 'state records' under chapter 441 of…
Can someone with a moral-turpitude misdemeanor become a bail bond surety again after judicial clemency in Texas?
The AG concluded that a person disqualified from acting as a bail bond surety because of a misdemeanor involving moral turpitude can likely act as a surety again if a judge granted 'judicial…
Can a Texas agency photocopy and keep a police officer's ID when the officer asks to keep their info private?
The AG concluded that section 552.1175 of the Government Code neither requires nor forbids a governmental entity from photocopying the credentials a law enforcement official submits to verify status…
Can a Texas county juvenile board hire its own full-time in-house attorney instead of relying on the district attorney?
The AG concluded that the Dallas County Juvenile Board could hire an attorney as a full-time, in-house employee to provide legal services to the board and its juvenile department, so long as the…
Can a Texas city sell a building and land sitting in the middle of a city street?
The AG did not resolve the City of Ivanhoe's specific sale, because deciding who actually owned the tract and building in the street turned on factual title questions the opinion process cannot…
Can a juvenile probation officer also serve on or chair the school board that helps fund their department in Texas?
The AG concluded that one person could both work as a juvenile probation officer for the Fisher, Mitchell, and Nolan Counties Juvenile Department and serve as the presiding trustee of the Sweetwater…
Does a Texas school board trustee who resigns still have to file a personal financial statement?
The AG concluded that a school district trustee covered by section 11.0641 of the Education Code (which applies to certain border-county districts, such as those in El Paso County) had to file a…
Can a local mental health authority take part in the state's vendor selection for behavioral health services in Texas?
The AG concluded that the North Texas Behavioral Health Authority had no legal right to take part in the Texas Department of State Health Services' (DSHS) process for selecting the vendor that…
Do Texas school districts have to pay a city's stormwater drainage fee?
The AG addressed two questions about the Municipal Drainage Utility Systems Act. First, the AG concluded that a school district is not automatically exempt from a city's drainage charge: the statute…
Can a Texas charter school board meet by video call, with members joining from out of state?
The AG answered several questions about how an open-enrollment charter school's governing board may meet under the Open Meetings Act. On in-person meetings, the AG could not say as a matter of law…
Are city plastic bag bans legal in Texas?
The AG addressed whether Texas cities may ban single-use plastic bags or charge fees on replacement bags, in light of section 361.0961 of the Health and Safety Code (part of the Solid Waste Disposal…
Does ending deferred adjudication early remove the duty to register as a sex offender in Texas?
The AG concluded that getting deferred adjudication community supervision terminated early does not free a person from the duty to register as a sex offender under chapter 62 of the Code of Criminal…
Can a Texas county use tax increment financing to fund energy-area road projects?
The AG warned that the way a county energy transportation reinvestment zone (CETRZ) is funded may be unconstitutional. CETRZs, created under 2013's Senate Bill 1747 (section 222.1071 of the…
Can a Texas hospital district board member also hold another county office?
The AG concluded that because a Maverick County Hospital District board seat is unpaid, it is not an 'office of emolument,' so the Texas Constitution's ban on holding two paid civil offices did not…
Is the Texas Lottery's Triple Chance game with a preset prize legal?
The AG concluded that a court would probably uphold the Texas Lottery Commission's Texas Triple Chance game. The game still meets the three legal tests for a lottery (a prize, awarded by chance, in…
Can a Texas home-rule city require a vote before raising property taxes?
The AG concluded that a court would likely uphold a home-rule city charter provision requiring voter approval before the city imposes ad valorem (property) taxes. Chapter 26 of the Tax Code sets out…
Can a Texas city or county keep the mineral rights when it resells tax-foreclosed land?
The AG concluded that a court would likely say no. Section 34.05 of the Tax Code lets a taxing unit (a city, county, or other entity that foreclosed for unpaid taxes) resell property it took at a…
Is a hospital district's charitable affiliate a 'political subdivision' in Texas?
The AG could not give a definitive answer. A charitable organization created by a hospital district under section 281.0565 of the Health and Safety Code (here, the Parkland Center for Clinical…
If a Texas city has a zero property tax rate, can voters still force a rollback election?
The AG concluded yes on both counts. Under section 26.07 of the Tax Code, a city whose rollback rate is zero (because it stopped levying property taxes) that then adopts any rate above zero triggers…
Can a Texas county juvenile board adopt a personnel manual for its probation department?
The AG concluded yes. Even though a special statute exempts the Rockwall County Juvenile Board from some of the general policy provisions that apply to other county juvenile boards, that exemption…
How does a $55,000 deposit with the county judge work for vehicle financial responsibility in Texas?
The AG answered several questions about using a cash deposit, instead of auto insurance, to meet Texas's vehicle financial-responsibility law. A separate deposit of at least $55,000 must be made…
Are Texas schools allowed to use Common Core to teach state standards?
The AG concluded that Texas school districts may not use the Common Core State Standards to satisfy their legal duty to teach the state's required curriculum. A 2013 law (House Bill 462) added…
Can a Texas Type B economic development corporation pay for a city's comprehensive plan?
The AG did not give a yes-or-no answer, because whether a specific expense is an authorized project is a fact question the corporation's own board must decide, not the Attorney General. Speaking…
Can Texas revoke a company's bingo license because an officer or director has a criminal record?
Not by itself. The AG concluded that Chapter 53 of the Occupations Code does not let the Lottery Commission deny or revoke a corporate entity's bingo-related license based only on a criminal…
Can a Texas school district keep employees hired under the small-county nepotism exception after the county grows past 35,000?
Yes. The AG concluded that the nepotism rule in Government Code section 573.041 bars only the appointment of a relative, not the ongoing employment of someone already lawfully hired. So when a…
What criminal court costs and fees can Texas courts charge on appeal, multiple counts, or multiple warrants?
The AG answered ten questions from the Office of Court Administration about criminal court costs. The clearest answers: a defendant whose municipal-court-of-record conviction is only affirmed by a…
Who sets assistant county auditor salaries in Texas, the district judges or the commissioners court?
The AG concluded that the power to appoint assistant county auditors and set their salaries belongs solely to the county's district judges, not the commissioners court. When the district judges…
Do Texas state agencies and universities need State Office of Risk Management approval to buy insurance?
Generally they cannot buy it on their own. The AG concluded that under Labor Code subsection 412.011(e), a state agency subject to Chapter 501 (the state workers' compensation chapter, which defines…
Can Texas housing developments converting under HUD's RAD program qualify for the at-risk low-income housing tax credit set-aside?
Likely yes, if the agency finds the eligibility requirements met. The AG concluded that a court would probably uphold the Texas Department of Housing and Community Affairs (TDHCA) treating a public…
Can a Texas district attorney use asset forfeiture funds to buy a building and lease or sell it to the county?
Probably not. The AG concluded that a court would be unlikely to find it an 'official purpose' of a district attorney's office to use asset forfeiture funds under Code of Criminal Procedure article…
Can a Texas municipal development district fund a civic center owned and run by a nonprofit?
Partly. The AG concluded that a court would likely find chapter 377 of the Local Government Code lets a municipal development district contract with a private nonprofit to operate a civic center,…
Can a Texas legislative committee investigating an impeachment hold someone in contempt?
Likely yes. The AG concluded that a court would probably uphold a Texas House committee's power to punish for contempt when it is investigating a contemplated impeachment, acting under article XV,…
Can a Texas police department require officers to issue a set number of traffic warnings?
It is unsettled, and the AG would not give a firm yes or no. Texas Transportation Code section 720.002 bars a city, county, or state agency from setting quotas for traffic 'citations' or evaluating…
Does the Texas Comptroller's list of new court costs and fees include non-court fees like a county records-preservation fee?
No. The AG concluded that Government Code section 51.607(a) requires the Comptroller to identify only court-related costs and fees, the kind a court clerk collects from a party in a civil case or a…
Can the Texas Legislature pass laws that override or void existing HOA covenants?
Sometimes. The AG explained that property owners' association covenants are treated as contracts, so they are protected by the Contract Clauses of the Texas and U.S. Constitutions. That protection…
Can a justice of the peace waive the 72-hour waiting period for a Texas marriage license?
Probably not. Texas Family Code section 2.204 makes a couple wait 72 hours after a marriage license is issued before the ceremony, but it lets certain judges grant a written waiver: a judge of a…
Can the Texas Comptroller write rules to fill a gap in the Major Events Trust Fund law?
No, not a gap like this one. Senate Bill 1678 added a 'largest event' category to the Major Events Trust Fund, the once-a-year event at a Texas venue seating at least 125,000, but the Legislature…
Can a Texas school district let a Guardian Plan employee carry a gun at school sporting events or board meetings?
Yes, as the AG read the statutes. Penal Code section 46.035 bars a concealed handgun license holder from carrying at a school sporting or interscholastic event or at a governmental meeting, but only…
What kinds of entertainment projects can a Texas economic development corporation pay for?
It depends on whether the project is like the public facilities the statute lists. The AG explained that Local Government Code section 505.152 lets a Type A economic development corporation fund…
When does a Texas water authority need county approval to buy groundwater?
Not every water purchase requires approval. Senate Bill 281 lets the Red River Authority purchase 'groundwater rights' in a county that has no groundwater conservation district only if the county…
Can the Texas State Fire Marshal reinvestigate old, closed arson cases?
Yes, as the AG read the law. A district attorney worried that the State Fire Marshal's Office and its Science Advisory Workgroup were bound by the same limits as the Texas Forensic Science…
Can a Texas county school district hold a petition election to raise the county equalization tax under the old chapter 18?
Likely not. Former chapter 18 of the Education Code let counties create a countywide school district and adopt a countywide equalization tax. Chapter 18 was repealed in 1995, but a savings…
When did Texas district courts have to start collecting the new $20 electronic-filing fee?
September 1, 2013. House Bill 2302 added Government Code section 51.851, which set new electronic-filing fees, including a $20 fee, after the Texas Supreme Court ordered e-filing for most civil…
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Attorney general opinions in Texas are written by the Texas Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.