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 Texas police issue a traffic ticket as a card with a QR code that links to the full citation online?
Probably, if the system is built right. The AG concluded a court could find that handing a driver a card showing the time and place to appear and the citation number, plus a QR code that links to…
Can a Texas district clerk reject a criminal court e-filing over a typo or wrong court designation?
No to outright refusal, but yes to returning it for correction. The AG concluded a district clerk may not refuse to file an electronically filed document in a criminal case based on the clerk's own…
Can a Texas public board use boilerplate agenda language to slip into a closed session, and can it meet privately to discuss hiring a law firm?
Two answers. First, no: generic boilerplate on every agenda saying the board 'reserves the right' to go into executive session is not enough notice, by itself, to alert the public that a particular…
Can one person serve on the boards of two overlapping local government entities, like a county hospital district and a regional transit authority, at the same time?
Probably not, when the two entities overlap geographically and their powers collide. The AG concluded that a court would likely find the common-law 'conflicting-loyalties' doctrine bars one person…
How does a Texas appraisal district calculate 'average land value' for a city's parkland dedication fee on new apartment and hotel development?
By area, not by parcel. The AG concluded that a court would likely read Local Government Code subsection 212.209(c) to require an appraisal district to add up the market value of all the land in…
Does a Texas district clerk have to prepare an abstract of judgment for a court of appeals ruling when the trial court's own judgment was vacated?
Probably not, in this situation. The AG concluded that because the Second Court of Appeals vacated the Parker County trial court's judgment and dismissed the case for lack of jurisdiction, the trial…
Can a Texas county chief appraiser keep his job if his sister is elected tax assessor-collector and joins the appraisal district board?
Tax Code section 6.05(f) does not itself bar the chief appraiser's continued employment, the AG concluded. But a court would likely find Government Code section 573.041 bars it after his sibling…
How is the frozen school tax ceiling for elderly or disabled Texas homeowners figured when the newer tax-compression rules seem to clash with the old two-year rule?
The newer rules win. The AG concluded that for the tax years they cover, the compression adjustment provisions in Tax Code subsections 11.26(a-5) through (a-9) control the calculation of the…
Can a licensed Texas medical cannabis dispensary move its low-THC inventory between its approved locations before any patient prescription is filled?
Yes, nothing prohibits it. The AG concluded that neither the Texas Compassionate-Use Act nor its associated regulations bar a licensed dispensing organization from transporting its low-THC cannabis…
Can a Texas municipal utility district board fill a board vacancy after the 60-day deadline, and can its elected directors be removed for misconduct by the commissioners court?
Mostly the board keeps the power. The AG concluded the 60-day deadline in Water Code subsection 49.105(a) for a board to fill its own vacancy is 'directory,' not mandatory, so a board can still make…
Do you need a Texas real estate license to negotiate a wind farm lease on behalf of a landowner for a commission?
Yes, the AG concluded a license is likely required. Occupations Code chapter 1101 requires a real estate license to negotiate a lease of real property for another for compensation, and a wind lease…
Can a member of the Texas Opioid Abatement Fund Council vote on grants to organizations they are connected to, or do they have to recuse or resign?
They disclose and recuse, they do not have to resign, and the grant is not automatically void. The AG concluded Government Code section 572.058 applies to the Council's grant awards, so a member…
Can a Texas legislator obtain confidential Ethics Commission sworn-complaint files using the Public Information Act's legislative-access provision?
No, the AG concluded the Ethics Commission may not. Government Code section 552.008 gives an individual legislator a special right to obtain governmental information, including some confidential…
Who pays the court filing fee for a court-ordered mental health commitment in Texas, and when is it due?
The county is generally on the hook, but it can sometimes shift the fee, and the timing depends on who pays. Under Health and Safety Code subsections 571.018(a) and (b), the county is generally…
Can a member of the public get copies of spoiled ballots in Texas after an election, and for how long?
Yes, the AG concluded the public can get copies of spoiled ballots, with a redaction caveat. Spoiled ballots are stored in ballot box no. 4 and must be preserved for at least 22 months after…
Can a Texas constable also serve as a municipal court judge in the same county at the same time?
No, the AG concluded the two offices cannot be held at once. If the municipal judgeship is paid, Texas Constitution article XVI, section 40 bars the dual service; common-law incompatibility also…
How much of a Texas hospital district's sales-tax revenue can it spend on economic development under a 'one-fourth of one percent' cap?
A small slice, not a quarter. The AG concluded Special District Local Laws Code section 1069.211 lets the Nacogdoches County Hospital District allocate for economic development up to one-fourth of…
Are court-cost refunds to mental health facilities under Texas law limited to patients who were actually committed?
No, the AG concluded the refunds are not limited to committed patients. Health and Safety Code subsection 571.018(j) makes a judge order a refund of court costs paid or advanced by certain inpatient…
Can a Texas water control and improvement district use surplus debt-service (interest and sinking) fund money to reduce a future bond issuance?
No, the AG concluded it cannot. A water control and improvement district has only the powers a statute gives it. Water Code subsection 51.436(b) lists the only permitted uses of interest and sinking…
Can a Texas deputy sheriff run a fixed weigh station that directs every commercial truck off the highway to be weighed?
Likely not, at least not for an Aransas County deputy under the scenario described. Transportation Code section 621.402 lets a 'weight enforcement officer' (which includes a deputy sheriff) weigh a…
Can a Texas emergency services district that used to be a rural fire prevention district run a county-wide ambulance service?
Yes, generally. The Johnson County district was created in 1956 as a rural fire prevention district, but in 2003 Health and Safety Code section 775.026 converted every such district into an…
Can a Texas county commissioner use county equipment and crews to maintain a drainage ditch that sits entirely on private property?
The AG would not give a yes-or-no answer, because it depends on facts the commissioners court has to find. Three things have to line up. First, the county needs statutory authority; chapter 254 of…
What counts as an 'excessive discount' on liquor under Texas law, and can a package store be charged for selling too cheap?
Texas law (Alcoholic Beverage Code section 102.07(c)) bars a package store or wine-only package store from allowing an 'excessive discount' on liquor, but neither the Code nor the Texas Alcoholic…
Can a Texas school board let school marshals openly carry a handgun on a duty belt instead of concealed?
Yes. Education Code section 37.0811(c) lets a school marshal 'carry a concealed handgun or possess a handgun' on campus in the manner set by the board's written regulations. The AG read 'possess a…
Can a Texas district judge over two counties appoint a separate court coordinator for each county?
Probably not a second full coordinator. Government Code section 74.101(a) lets a judge 'appoint a court coordinator for his court,' and the AG read that singular language, reinforced by other…
Can a Texas state agency accept donated repair work on a building if a private donor pays a contractor to do it?
Yes, generally. Government Code section 441.006(b)(2) lets the Texas State Library and Archives Commission receive a donation of money, property, or 'services' on any terms it considers proper, so…
Does the Texas chiropractic board have to revoke a chiropractor's license after certain criminal convictions, or can it choose not to?
It has to, for the offenses listed in Occupations Code section 201.5065. That statute says the Board 'shall suspend' a chiropractor's license on an initial conviction (or initial finding of guilt)…
Can a Texas county development district add a sixth member to its five-person board of directors?
No. Local Government Code section 383.041(a) says a county development district is governed by a board of five directors appointed by the commissioners court. The district read section 383.048(d),…
Can a Texas county judge hire a county commissioner's spouse if the commissioners court delegated its hiring power to the judge?
No. A commissioners court has implied authority to hire people needed for county business, and it can, by official action, delegate that hiring authority to the county judge. But delegation does not…
Can a Texas county use courthouse security funds to buy bullet-proof glass for a district attorney's office in a separate building?
Probably not, if the building has no adjudicators in it. The courthouse security fund (Code of Criminal Procedure article 102.017) may be spent only on security personnel, services, and items…
Can an elected Texas constable also work as a school resource officer for a district in the constable's precinct?
A school resource officer cannot be hired as an independent contractor, but a constable can serve as one through the right kind of contract. Education Code section 37.081 lets a district obtain a…
Can a Texas home-rule city override the powers of its park board or pull back hotel-tax money it gave the board?
It depends. A home-rule city like Galveston has broad self-government power, but it cannot adopt ordinances that conflict with state law, so it may not limit a park board's powers in a way that…
Does moving a deputy constable out of the constable's office to another county department trigger a 'defund the police' election in a large Texas county?
Maybe, and the AG would not say for sure. In big Texas counties (over 1.2 million people), Local Government Code chapter 120 forces a county to hold an election before its budget reduces funding or…
Is a Texas governor's emergency executive order a “law” under Penal Code section 1.07(a)(30)?
Yes. The AG concluded that an emergency executive order lawfully issued under Government Code chapter 418 is a rule authorized by statute and therefore qualifies as a “law” under Penal Code section…
Who must transport Texas county inmates to state facilities, and when must TDCJ reimburse counties for transport or delayed transfer?
TDCJ may not require sheriffs to transport inmates to SAFP or intermediate-sanction facilities and must reimburse county transport to state-jail facilities. It also owes statutory confinement costs…
Can a Texas county commissioners court impose a broad moratorium on commercial utility-scale solar projects?
Generally no. The AG concluded that county road statutes authorize regulation tied to roads, traffic, and loads, not a facility-wide moratorium. Section 121.003 permits enforcement of existing…
May a non-district court designated under article 17.027 deny bail for a new felony committed while the defendant was on bail for a prior felony?
No, unless the designated court is a district court. Code of Criminal Procedure article 17.027(a)(1) determines which court may release a defendant charged with a new felony committed in the same…
May a Texas state employee also receive Hutto City Council's per-meeting salary?
The state employee may serve on Hutto City Council but must decline the council's per-meeting payment. Article XVI, § 40(b) allows state-paid employees who are not state officers to sit on local…
Is a nonprofit volunteer fire department a political subdivision for a county land exchange under Local Government Code § 263.006(e)?
Probably not. A nonprofit volunteer fire department generally lacks the attributes Texas courts use to identify a political subdivision, especially locally elected governmental control and taxing…
Could one person serve on both the La Joya school board and Hidalgo County Irrigation District No. 6 board?
No. Because both boards had taxing authority in overlapping territory, conflicting-loyalties incompatibility barred one person from serving on both. Accepting and qualifying for the later…
Could a Texas sheriff use jail-commissary funds for an inmate medical-transport vehicle without commissioners-court approval?
Likely yes. A dedicated vehicle for inmate medical and mental-health transportation could qualify as equipment or a service benefiting inmates, with the sheriff deciding first. The sheriff could…
Which Texas agency hears a dispute over a water district charge: the PUC or TCEQ?
It depends on what the charge covers. A challenge to a district assessment or charge for maintaining and operating its water delivery system goes to TCEQ under the opinion; other water-rate disputes…
May a Texas school choose a student discipline penalty based on race to equalize discipline statistics?
The Attorney General said a race-based disciplinary decision must be narrowly tailored to serve a compelling governmental interest under the Texas Equal Rights Amendment. A court would likely reject…
Who owns and maintains Texas centennial historical markers placed on private land?
If ownership was never lawfully transferred, a centennial marker remains Texas property even when it sits on private land. The Attorney General said a court would likely find the Texas Facilities…
Can a Texas county hire a private collector for forfeited bail bonds posted by an attorney surety?
Likely no, if the attorney sold the bonding service for a fee or commission. The Attorney General said a court would treat that as a commercial bail bond and read the statutory exception to bar a…
Can a Texas city use a voter-approved maintenance-and-operations property tax increase to pay debt service for a transit project, or promise that money to a transit corporation forever?
No on both counts, as the AG read it. A tax-rate increase election under Tax Code section 26.07 only forces a city to get voter approval before raising its rate; it does not 'authorize' spending the…
Can Texas let a licensed specialist in school psychology (LSSP) call themselves a 'School Psychologist'?
Yes, as the AG read it. The Texas Behavioral Health Executive Council asked whether it could amend its rule (22 Texas Administrative Code section 465.38(d)) to let a licensed specialist in school…
Can a volunteer fire chief or firefighter also serve on the city council in a Texas general-law city?
Not unless the city council first passes a resolution allowing it. The 112th District Attorney asked whether the fire chief and lieutenant of the Iraan Volunteer Fire and Rescue Department could…
Can a Texas criminal-law magistrate also work as staff legal counsel for the judges who appointed them?
The dual officeholding and incompatibility laws do not stop it, but the ethics rules might, and the AG would not decide that part. The Tarrant County Auditor asked whether a magistrate appointed…
When does a Texas school district have to seek community partnerships before opting out of, or building facilities for, state-funded prekindergarten?
A district only has to solicit public-private prekindergarten partnerships in specific situations, but where those situations apply the requirement is mandatory. Representative Dutton asked several…
Can Texas create a school-voucher (Education Savings Account) program that lets families use the money at religious schools?
Yes, as the AG read the law. Senator Creighton asked three constitutional questions about a Texas Education Savings Account (ESA) program. First, the AG concluded that Texas's 'Blaine Amendments'…
Can a Texas general-law city collect trash outside its city limits, in its extraterritorial jurisdiction?
Likely yes, as the AG read it. The Starr County Attorney asked whether the City of Escobares, a general-law city, could offer trash collection outside its boundaries, which the AG took to mean in…
Can a Texas public facility corporation buy property for tax-exempt leases outside its sponsoring district's boundaries?
A court could conclude yes, the AG said, but with caveats. Senator Bettencourt asked whether a public facility corporation (PFC) created under Local Government Code chapter 303 can acquire real…
Can a Texas county abandon or rename a public road it never accepted into its maintenance system?
Likely yes on both, as the AG read it. The Montgomery County Attorney asked whether a commissioners court can abandon a public road under Transportation Code section 251.051, and name or rename one…
Can a Texas county use property tax revenue to help fund a hospital district's ambulance service?
Generally yes, as the AG read it, if the county structures it right. The Wheeler County Auditor asked whether the county could keep paying $300,000 lump sums to two in-county hospital districts to…
Can an emergency services district commissioner also serve as a volunteer firefighter for the same district?
Probably not, as the AG read it, but for a common-law reason rather than the constitution. The Hardin County Attorney asked whether the same person could sit on an emergency services district (ESD)…
If a Texas city votes to extend council terms to four years, do members elected the same day get four-year terms?
It depends on the facts, the AG said, and the office could only lay out the law because it does not find facts. The City of Combes held two May 2022 elections at once: a general election that filled…
Can a Texas county attorney also serve as legal counsel for the county's appraisal district?
Not under the statute he asked about, the AG said. The Starr County Attorney had been the appraisal district's lawyer before he was appointed county attorney, and he asked whether Tax Code section…
Does the Texas minimum wage law apply to minor league baseball players who play for teams in the state?
Generally no, the AG concluded, because they fall under federal law instead. A House committee chair asked whether minor league players on the eight Texas-based teams are covered by Texas's minimum…
What mental state does a prosecutor have to prove for the Texas crime of a county official refusing to follow county budget rules?
Intent, knowledge, or recklessness. Local Government Code section 111.012 makes it a misdemeanor for a county officer, employee, or official to refuse to comply with the county budget-preparation…
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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.