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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When can a Texas county hold an election to create an emergency services district?
The Attorney General concluded that, for Navarro County in 2012, the next available date to hold an election creating an emergency services district was November 6, 2012, the November uniform…
What ID do you need to get a Texas residence homestead property tax exemption?
The Attorney General concluded that only a driver's license, personal identification certificate, or vehicle registration receipt issued by Texas can satisfy the documentation rules in Tax Code…
Who prosecutes violations of a Texas water district's criminal rules?
The Attorney General concluded that who prosecutes a violation of a water control and improvement district's criminal regulation under chapter 51 of the Water Code depends on the court where the…
Does Texas's ballot-language law for bond and tax votes apply to junior college district elections?
Yes. The Attorney General concluded that subsection 52.072(e) of the Election Code, which requires a bond or tax ballot proposition to state specifics like the total principal amount of the bonds or…
Can an ENT doctor who sells hearing aids serve on Texas's hearing-instrument examiners board?
It depends, and the opinion left the call to the board. Occupations Code subsection 402.053(d) bars the physician member of the State Committee of Examiners in the Fitting and Dispensing of Hearing…
Who approves spending from a Texas district attorney's asset forfeiture fund?
The Attorney General concluded that a district attorney's asset forfeiture spending may proceed once it is approved by a regional review committee under Government Code section 24.377, even after…
Can a nurse with a nondisclosure order keep their criminal record out of the nursing board's disciplinary order?
Probably not. The Attorney General concluded that a court would likely find section 411.081 of the Government Code does not require the Texas Board of Nursing to redact or seal criminal history…
Could the surviving spouse of a fully disabled Texas veteran who died in 2011 claim the new 2012 homestead exemption, and was the veteran's 2011 exemption prorated?
Yes. A veteran's death in 2011 did not bar an otherwise qualified surviving spouse from the exemption beginning in 2012. The veteran's own subsection 11.131(b) exemption also continued for the…
Could the Texas Department of Public Safety contract with a county tax assessor-collector to issue driver's licenses and identification cards?
No. The AG concluded that DPS alone had statutory authority to issue driver's licenses and personal identification certificates, while counties lacked that authority. Because each…
Which Texas county-treasurer duties may a commissioners court reassign to the county auditor or human resources office?
The AG concluded that payroll preparation could be reassigned, but the county treasurer had to perform the actual disbursement of county funds, endorse payments to county payees, and reconcile every…
Must a Texas county clerk let the public use a sheet-feed scanner to copy records?
The AG did not decide whether the clerk had to allow a sheet-feed scanner because the answer depended on disputed facts about office space, staffing, and the equipment's effect on operations. The…
Could the Texas physical-therapy licensing board share licensees' Social Security numbers with a private national licensing organization?
No. The AG concluded that state law made applicants' and licensees' Social Security numbers confidential, so the physical-therapy board could not disclose either the full number or its last four…
Are eight-liner machines legal in a Texas bingo hall if their tickets can be redeemed only for bingo cards, daubers, or concession items?
No. The AG concluded that the described machines were illegal gambling devices because their tickets could be exchanged for bingo play, which was not a qualifying noncash merchandise prize, toy, or…
Could a Texas school attendance officer also work as a juvenile court coordinator in the justice court handling the district's truancy cases?
No statute prohibited the school district and county from arranging for district attendance officers to serve simultaneously as juvenile court coordinators. The AG declined to decide whether the…
Can the Texas appraiser board regulate 'uniform and equal' studies done by property tax appraisers?
Largely yes. The Attorney General explained that chapter 1103 of the Occupations Code does not regulate only 'appraisals'; it regulates the licensing and certification of appraisers, who must follow…
Does Texas nepotism law stop a school superintendent from reassigning their spouse to another campus?
No. The Attorney General concluded that a superintendent of an independent school district is not a 'public official' subject to the anti-nepotism provisions of chapter 573 of the Government Code…
Can a Texas mental health facility arrange to transport a patient to a state hospital after just a preliminary examination?
Not on its own. The Attorney General concluded that the transportation statute, section 574.045 of the Health and Safety Code, covers people detained under sections 573.022 and 574.023, but not…
Can a Texas HOA board that's subject to the Open Meetings Act meet by phone conference call?
Generally no. The Attorney General concluded that the Clear Lake City Community Association's board may not meet by telephone conference call, even if only one member calls in, except under section…
How is a vacancy on a Texas junior college district board filled, and how can you challenge a trustee who no longer lives in the district?
The Attorney General gave two answers. To test whether a trustee vacated the seat by moving out of the single-member district that elected the trustee, the opinion said a court could decide the…
Can the Texas Comptroller refuse to pay unclaimed property proceeds directly to a company that bought the claim?
Most likely yes. The Attorney General did not lay down a flat rule, but concluded that because the Comptroller is the agency charged with enforcing Property Code section 74.501, a court would defer…
Can a Texas navigation district develop, run, and pay for a public park like Rockport Beach Park with district tax revenue?
In part. The Attorney General concluded that the Aransas County Navigation District is authorized to have and maintain parks and recreation facilities, but only to the extent the park is necessary…
When two Texas bills amend the same groundwater law in conflicting ways, which version controls?
The Attorney General concluded that House Bill 3109 prevails. Both bills passed by the 82nd Legislature amended Water Code section 36.121, which exempts certain wells from groundwater conservation…
Can a Texas county still collect on a bail bond forfeiture judgment that is more than twelve years old?
Yes, in most respects. The Attorney General concluded that a bail bond forfeiture judgment is a judgment in favor of the state, so under Property Code section 52.006(b) it does not become dormant if…
Can the Texas Higher Education Coordinating Board set up complaint procedures for colleges, including religious schools?
Yes. The Attorney General concluded that Education Code section 61.031 gives the Texas Higher Education Coordinating Board authority to adopt procedures for handling, investigating, and resolving…
Can a Texas sheriff use the county jail commissary fund to pay for inmate job-training programs?
Possibly, and the call is the sheriff's to make first. The Attorney General would not decide as a matter of law whether paying out of commissary proceeds for an inmate water-catchment building…
Does the Texas catalog-purchase procedure for state technology buying apply to independent school districts?
No. The Attorney General concluded that the catalog-purchase procedure in Government Code section 2157.0611 sits in a subchapter that applies only to a state agency covered by Chapter 2054. Chapter…
Can the Texas State Cemetery Committee ban bicycles on a state highway that runs through the cemetery?
The Attorney General did not decide that. The opinion concluded that the Texas State Cemetery Committee's authority over 'all operations of the State Cemetery' under Government Code section…
Can a member of a Texas county ethics commission also serve as the review officer on its screening committee?
No. The Attorney General concluded that a member of the El Paso County Ethics Commission may not serve as the review officer on the commission's standing preliminary review committee. The governing…
Can a Texas school psychologist use the 'Nationally Certified School Psychologist' title?
Yes. The Attorney General concluded that the Psychologists' Licensing Act does not prohibit a Licensed Specialist in School Psychology from truthfully using the 'Nationally Certified School…
Can emails between Texas government board members violate the Open Meetings Act?
It depends on the facts. The Attorney General concluded that electronic communications, including email, among members of a Texas governmental body can amount to a 'deliberation' and a 'meeting'…
Can a Texas county bail bond board limit who a bail bondsman is allowed to hire?
No. The Attorney General concluded that the Hunt County Bail Bond Board's Rule 9.1(g), which barred a bail bond licensee from employing anyone currently on probation or parole or facing a pending…
Can a Texas public university give or trade its land to a private nonprofit?
It depends, and the key calls are left to the university's board. The Attorney General concluded that Article III, sections 51 and 52 of the Texas Constitution would not bar Texas Southern…
Could a Texas city with chapter 143 civil-service rules maintain a reserve police force whose members did not take the civil-service exam?
Yes. The AG concluded that a city operating under chapter 143 could create and maintain a reserve police force under chapter 341 because reserve officers were not chapter 143 police officers unless…
Does a Texas university system's $25 million investment threshold apply system-wide or per campus?
At the system level. The Attorney General concluded that the University of North Texas System's Board of Regents is the 'governing board' under Education Code section 51.0031(c), so the $25 million…
Must a county court judge's pay include the extra salary the local administrative district judge gets?
No. The Attorney General concluded that Government Code sections 25.0862 and 25.0023 require Galveston County's statutory county court at law judges and statutory probate court judge to be paid at…
Can a group other than a chamber of commerce get Texas's 'community business organization' property tax exemption?
Potentially yes, but the appraiser decides. The Attorney General concluded that the property tax exemption in Tax Code section 11.231 for a 'nonprofit community business organization' is not limited…
Is the Texas Medicaid fraud oversight task force an 'advisory committee' under chapter 2110?
No. The Attorney General concluded that the Medicaid and Public Assistance Fraud Oversight Task Force is not an 'advisory committee' within Government Code chapter 2110, so that chapter's rules do…
Does a Texas prosecutor need a judge's approval to advance a witness's travel expenses?
No. The Attorney General concluded that article 35.27 of the Code of Criminal Procedure does not require a county or its district attorney to get the presiding judge's preapproval before advancing…
Must a Texas public housing authority reimburse a city or county for services to a housing project?
Not under this statute. The Attorney General concluded that Local Government Code subsection 392.005(b) authorizes, but does not require, a public housing authority to agree to reimburse a…
Is a Texas notary public a state 'officer' under Government Code chapter 603?
The Attorney General could not say for sure. The opinion concluded that it could not definitively determine whether a notary public is a state 'officer' for purposes of Government Code chapter 603.…
Who appoints successor directors to a Texas regional mobility authority board?
The county commissioners court. The Attorney General concluded that for a single-county regional mobility authority, the commissioners court that made the initial appointments is the 'appointing…
Can a Texas court appoint a lawyer for a criminal defendant who isn't indigent?
Sometimes. The Attorney General concluded that although a court usually has no duty to appoint a lawyer for someone who is not indigent, it may do so in proper circumstances when the interests of…
Can a consolidated Texas municipal utility district charge different debt tax rates in different areas?
Generally yes. The Attorney General concluded that a court could uphold a consolidated municipal utility district charging different debt service tax rates on land in each of the former districts,…
Can a Texas state-chartered credit union charge the higher interest rates federal credit unions can?
No, not for interest rates above the state cap. The Attorney General concluded that although Finance Code section 123.003 gives state-chartered credit unions broad parity with federal credit unions,…
How are penalties and interest figured on deferred property taxes for an elderly Texas homeowner?
The deferral period gets the favorable treatment, even in hindsight. The Attorney General concluded that for the entire time an elderly or disabled person's homestead taxes are deferred under Tax…
Can a Texas state legislator also serve as the state chairman of a political party?
Yes. The Attorney General concluded that the state chairman of a political party does not hold an office or position 'under this State,' so neither of the Texas Constitution's dual-officeholding…
Must Texas police give caregiver child abuse reports to the Department of Family and Protective Services?
Yes. The Attorney General concluded that under Family Code sections 261.105 and 261.301, a local or state law enforcement agency is required to furnish information about alleged child abuse or…
Can a Texas school district pay an administrator's legal bills to sue someone for defamation?
No. The Attorney General concluded that an independent school district may not pay or reimburse the legal expenses of an administrator who files a private defamation lawsuit that advances the…
Who is responsible for someone held under a Texas emergency mental health detention order?
No single agency is named. The Attorney General concluded that nothing in chapter 573 of the Health and Safety Code makes one particular law enforcement agency, as opposed to another, responsible…
Can a registered lobbyist serve on the Texas State Board of Education?
It depends on what they lobby about. The Attorney General construed Education Code section 7.103(c) to bar from the State Board of Education only those registered lobbyists who were paid to…
Can Texas judicial fund money replace county cuts to a statutory probate court's budget?
Not as a substitute for county money. The Attorney General concluded that state judicial-fund dollars allocated into a county's contributions fund must be used only for court-related purposes to…
Can a Texas school district police chief be paid for serving on a city council?
Not on these facts. The Attorney General concluded that a school district chief of police whose job has no teaching responsibilities is not a 'schoolteacher,' so he does not qualify for the narrow…
Does a Texas vehicle with a diesel turbine engine still need a muffler?
Yes. The Attorney General concluded there is no blanket exception for diesel turbine engines to Texas's requirement that a motor vehicle have a muffler. Transportation Code section 547.604 requires…
Can a Texas county auditor refuse to create budget lines for a commissioners court's emergency budget amendment?
No. The Attorney General concluded that a county auditor has no independent legal authority to refuse to create budget lines once the commissioners court adopts an emergency budget amendment. Only…
Can the Texas State Board of Education invest the Permanent School Fund to help charter schools instead of for the best financial return?
No, not for non-financial reasons. The Attorney General concluded that the Texas Constitution and Education Code require the State Board of Education to make Permanent School Fund (PSF) investment…
Can a Texas county judge order a city recall election if the city council refuses to?
No. The Attorney General concluded that Texas law does not authorize a county judge to order a municipal recall election. A recall election is a special election, and a special election may be…
Can a Texas county auditor audit a constable's law-enforcement continuing-education (LEOSE) funds?
Yes. The Attorney General concluded that a county auditor has general oversight of a constable's books and records, including the funds a constable receives from the state law enforcement officer…
Does the broader ADA definition of disability let more Texas homeowners qualify for the homestead property tax freeze?
No. The Attorney General concluded that the federal Americans with Disabilities Act Amendments Act of 2008, which broadened the ADA's definition of 'disability,' does not change who qualifies as…
Is the Texas Racing Act's 10-year residency requirement for racetrack owners constitutional under the Commerce Clause?
The Attorney General did not answer this question. The chair of the Texas Racing Commission asked whether section 6.06(d) of the Texas Racing Act, which requires the majority ownership of a…
What evidence and which labs can the Texas Forensic Science Commission investigate?
The Attorney General drew three lines around the Texas Forensic Science Commission's investigative power. First, the 2005 law that created the Commission applies only to evidence tested or offered…
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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.