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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Can a Texas home-rule city extend its council members' terms to four years without a charter amendment?
A state representative asked, about home-rule cities generally and the City of Socorro specifically, whether a home-rule city may lengthen its officers' terms from three to four years without first…
Is a Texas junior college district a 'school district' that can avoid paying city impact fees?
A state representative asked whether a junior college district counts as a 'school district' under section 395.022(b) of the Local Government Code, the provision that lets a school district avoid…
Must Texas Medicaid pay the Medicare ambulance deductibles for people on both Medicare and Medicaid?
A state senator asked whether an HHSC Medicaid reimbursement rule (rule 354.1143) conflicts with section 32.050(c) of the Human Resources Code, which says that for an ambulance service provided to a…
Can a senior status federal judge perform a wedding ceremony in Texas?
A district attorney asked whether a 'senior status' federal judge, one who has retired from regular active duty but still hears cases, may conduct a marriage ceremony in Texas. The Attorney General…
Can a Texas county issue tax increment bonds backed by property tax revenue for a road project?
A state representative asked whether a county may form a transportation reinvestment zone, collect an ad valorem (property) tax increment, and pledge that increment to secure bonds for a…
Can a Texas city make a development project expire sooner than five years under its own ordinance?
A state representative asked whether the City of Austin's Project Duration Ordinance, which expired development projects on three- or five-year timelines and when permits were not obtained on…
Can Texas Sunset Commission staff see a state agency's confidential files and sit in on its closed meetings during a review?
The Chair of the Sunset Advisory Commission asked whether its staff, while reviewing the State Commission on Judicial Conduct, could obtain that commission's confidential records (including memos…
Can a Texas county probation department pay its bills without the county auditor signing off?
The Cherokee County Attorney asked whether the county's Community Supervision and Corrections Department (the local probation department) could adopt an accounting procedure paying its bills on the…
Can a Texas bail bondsman swap out the type of collateral backing their license?
The El Paso County Attorney asked whether a county bail bond board could let a licensed bondsman switch part of the collateral backing his license, for example trading some of a cash deposit for a…
Does a sex offender in Texas register with the city police or the county sheriff?
A district attorney asked whether a home-rule city could require sex offenders living inside the city to register with the county sheriff instead of the city's chief of police, after the City of…
Can a foreign medical school get approved to offer courses or clinical training in Texas?
The Commissioner of Higher Education asked whether the Texas Higher Education Coordinating Board could issue a certificate of authority, the credential a private school needs to grant degrees or…
Can a judge or police officer who keeps their home address off their license still get a homestead tax exemption in Texas?
A state senator asked how to resolve an apparent conflict: Transportation Code sections 521.121(c) and 521.1211(b) let judges, their spouses, and peace officers leave their residence address off…
Does a county owe penalties and interest on unpaid property taxes for land it bought for public use?
The Webb County Attorney asked whether a taxing authority could charge, and the county had to pay, penalties and interest on unpaid ad valorem (property) taxes for the year a county bought several…
Can my employer stop me from keeping a gun locked in my car in the work parking lot in Texas?
A state senator asked several questions about Labor Code section 52.061, the 2011 'parking lot' law that bars an employer from prohibiting a licensed employee from transporting or storing a firearm…
Can a bail bond board take away an attorney's right to write bail bonds over a felony conviction in Texas?
The Attorney General concluded that a county bail bond board may suspend or revoke an attorney's authority to write bail bonds based on a felony conviction only when the felony grew out of conduct…
When does a state agency's demand to repay grant money count as a debt to the state in Texas?
The Attorney General concluded that a state agency's demand letter seeking repayment of grant funds, based on an unadjudicated claim that the grantee breached the contract, does not by itself create…
Can a Texas veteran use the Hazlewood Act tuition exemption without first using up their Post-9/11 GI Bill benefits?
The Attorney General concluded that the Texas Higher Education Coordinating Board had authority to adopt a rule that would let a veteran who qualifies for the state Hazlewood Act tuition exemption…
Can San Antonio and VIA spend transit sales tax on a streetcar if voters were told the money would not fund light rail?
The Attorney General declined to decide whether preelection statements, including a VIA election brochure and a reported VIA board resolution saying advanced transportation district (ATD) sales tax…
Can a prosecutor charge someone with murder years later if the victim dies long after the original assault?
The Montgomery County Attorney asked whether an adult could be prosecuted for murder over a 1998 assault he committed at age 13, where the victim did not die until 2011, and whether doing so would…
Where can I legally drive a golf cart in Texas, and do the golf-course rules apply inside my neighborhood?
The Attorney General read section 551.403 of the Transportation Code as listing separate places a golf cart may legally be driven: in a qualifying master planned community, on a public or private…
Can a Texas tax office refuse to transfer my property tax lien to a tax lender, and what costs does that lien cover?
The Attorney General concluded that transferring a property tax lien under section 32.06 of the Tax Code is a ministerial act. Once a taxpayer authorizes a transferee to pay the taxes and the…
Does Texas have to reveal which retailers a beer or liquor distributor sold to when it shares sales data?
Alcoholic beverage distributors file confidential monthly sales reports with the Texas Comptroller under Tax Code section 151.462. A narrow exception in section 111.006(h) requires the Comptroller…
Does a Texas event have to apply first before it can get Major Events Trust Fund money?
The General Land Office Commissioner asked whether an event can draw on the state's Major Events Trust Fund if a site selection organization picked the Texas site before any local entity applied.…
Can my Texas city ban alcohol sales within 1,000 feet of a public school?
The Attorney General concluded that a home-rule city with a population under 900,000 cannot, on its own, adopt an ordinance banning alcohol sales within 1,000 feet of a public school. The Alcoholic…
Can a Texas water district build or operate inside another district's boundaries without permission?
A state representative asked whether the Brazoria County Conservation and Reclamation District Number Three could carry out works inside another district's boundaries without a contract or…
Can a Texas county keep a handling fee out of my cash bail refund?
The Attorney General concluded that, after a 2011 amendment to article 17.02 of the Code of Criminal Procedure, a county can no longer deduct an accounting and administrative fee from the refund of…
Does a Texas city need an election to sell its sewer system to a river authority?
The Attorney General concluded that a Texas municipality generally must hold an election under Government Code section 1502.055(a) before selling a utility system. But there is an exception: when a…
Can a Texas county lease its school land and require the tenant to pay for upkeep?
The Attorney General concluded that a Texas county is generally authorized to lease its county school land under a lease that requires the lessee to spend money on land management and maintenance.…
If a quorum of a board shows up at a committee meeting, does the Open Meetings Act apply?
The Attorney General concluded that if a quorum of a governmental body's board attends one of its committee meetings and there is deliberation about public business or policy the board controls, the…
Who owns the money a county crime victims' office raises through donations and fundraisers?
The Attorney General concluded that a court could find that property a county crime victims' office raises through fundraisers and donations belongs to the county, not the office. A crime victims'…
Does an FAA designated engineering representative need a Texas professional engineer license?
The Attorney General concluded that a person the Federal Aviation Administration appoints as a 'designated engineering representative' (DER) likely does not have to be licensed as a Texas…
Does adopting one county tax rate above its rollback rate trigger a property tax rollback election in Texas?
The Attorney General concluded that the right to petition for a county tax rollback election turns on totals, not components. A county can set an individual property tax rate (say, its general fund…
Can a Texas county issue tax increment financing bonds the way a city can?
The Attorney General concluded that a county cannot issue tax increment financing (TIF) bonds the way a city can. The Legislature gave that bonding power only to incorporated cities and towns, and a…
Who sets the Van Zandt County Court at Law reporter's salary and work hours: the judge or the commissioners court?
The Attorney General concluded that setting an official court reporter's salary in the Van Zandt County Court at Law is a shared decision: the judge sets the salary and the commissioners court…
Can a Texas store or restaurant add a disclosed service fee to my purchase?
The Attorney General concluded that no Texas statute or constitutional provision stops a private retailer from charging an itemized, disclosed 'service fee' on a consumer purchase, as long as the…
Can the Texas Lottery Commission run second-chance drawings for losing tickets online?
The Attorney General concluded that the Texas Lottery Commission likely has authority to use the Internet for its promotional 'second-chance' drawings, where players enter a losing scratch-off…
Can a Texas school district make employees attend charity fundraising meetings?
The Attorney General read section 22.011 of the Education Code, which bars a school district from directly or indirectly requiring or coercing employees to give to charity. The opinion concluded the…
Can a retired federal judge officiate a wedding in Texas?
The Attorney General concluded that a retired federal judge is not authorized to conduct a marriage ceremony in Texas. Section 2.202(a)(4) of the Family Code lists the judges who may officiate. It…
Who pays the State Office of Administrative Hearings for a contested case hearing in Texas?
The Attorney General explained how the State Office of Administrative Hearings (SOAH) should bill for a contested case hearing when its chief judge assesses the fee against the party that loses. If…
Can an 18-year-old be charged with truancy for skipping school in Texas?
The Attorney General concluded that a student who is eighteen or older cannot be prosecuted for the failure-to-attend-school offense, even if the school district has a policy requiring attendance up…
Can a Texas hospital district sell its hospital and lease it back?
The Attorney General concluded that the Angleton-Danbury Hospital District may sell a hospital facility to a third party and then lease it back to keep providing care for the district's needy…
Must a therapist report child abuse that happened to an adult patient years ago?
The Attorney General concluded that chapter 261 of the Family Code does not require a mental health professional treating an adult patient to report abuse or neglect the professional believes…
Do nearby foreclosure-sale prices count when the appraisal district values my home?
The Attorney General concluded that under section 23.01(c) of the Tax Code, a chief appraiser setting the market value of a residence homestead may not throw out the sale prices of nearby homes just…
Can a small Texas city ban alcohol sales near a public school?
The Attorney General concluded that a Type A general-law city is generally allowed to pass an ordinance banning alcohol sales by a dealer located within 300 feet of a public school. A 1,000-foot ban…
Can a Texas county vote early to appoint an emergency services district board member?
The Attorney General concluded that a county commissioners court may hold its vote to appoint a member of an emergency services district board on a date before January 1, even though the term itself…
Can a Texas constable set up a payment plan for someone with a justice-court warrant?
The Attorney General concluded that a constable cannot offer payment arrangements or accept partial payment on outstanding justice-court warrants. A constable must execute warrants directed to the…
Can a county elections administrator also handle 9-1-1 addressing and redistricting work?
The Attorney General concluded that a commissioners court may employ the same individual who serves as county elections administrator to also work as a 9-1-1 addressing agent and to help prepare…
Can a Texas constable work paid law enforcement for an HOA in another precinct?
The Attorney General concluded that a constable may not provide law enforcement services for a fee to a private property owners association in a precinct other than the one for which the constable…
Who reconciles a county's special fund accounts, the elected official or the treasurer?
The Attorney General concluded that a county treasurer cannot refuse a request from an elected official to reconcile the checks and payments from special fund accounts under that official's…
Can a non-lawyer represent a parent at a special education due process hearing in Texas?
The Attorney General concluded that, because Texas generally limits the practice of law to licensed attorneys and the Legislature created no exception for special education due process hearings, a…
Can a Texas county require proof of available water before approving a subdivision?
The Attorney General concluded that Water Code section 35.019 gives a county in a priority groundwater management area only a limited power: to require a developer to show an adequate water supply…
Can you ride an ATV or off-highway vehicle on a Texas public beach?
The Attorney General concluded there is no across-the-board yes or no on driving an ATV or recreational off-highway vehicle on a Texas public beach. The Transportation Code's ban on operating these…
Does a felony conviction automatically remove a Texas constable from office?
The Attorney General concluded that a felony conviction automatically removes a county officer such as a constable from office once all appeals are exhausted, with no further official action needed,…
Do Texas real estate inspectors have to carry liability insurance to keep a license?
The Attorney General concluded that the Occupations Code requires an applicant for a real estate inspector's license to carry liability insurance, and that requirement holds even in the hypothetical…
What must the Texas Comptroller do before spending Major Events Trust Fund money?
The Attorney General concluded that, before the Comptroller may undertake any of the duties for spending Major Events Trust Fund money under section 5A of article 5190.14, she must follow the…
Could a Texas county add restrictions or exemptions to a burn ban, and could it regulate activities excluded by section 352.081(f)?
A commissioners court could adopt restrictions, limitations, or exemptions within a burn ban under section 352.081(c). It could not regulate the outdoor-burning activities that subsection 352.081(f)…
Could a Texas commissioners court remove proposed elected-official raises at the final budget hearing without renewed notice and a grievance opportunity?
No. The AG concluded that removing proposed raises without renewed notice and an opportunity to use the salary-grievance process violated chapter 152. The officials were not automatically entitled…
Who could record a Texas deposition solely by video or other nonstenographic means under Rule 199.1?
A party, the party's attorney, or a full-time employee of either could record a deposition solely by nonstenographic means under Rule 199.1 without violating Government Code section 52.021(f).
Can a Texas child under 17 who is tried as an adult be held in a jail that does not separate them from adult inmates?
No. The Attorney General concluded that even when a child under seventeen is transferred to adult criminal court for prosecution, article 4.19 of the Code of Criminal Procedure did not let officials…
Is it illegal gambling in Texas to charge an entry fee for an online quiz contest with prizes?
Maybe not. The Attorney General advised that if an online contest genuinely turns on knowledge, skill, or speed and involves no element of chance, a court could conclude the entry fee is not a 'bet'…
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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.