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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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 one…
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 m…
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 lo…
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 emergency …
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 the…
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 Beve…
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 han…
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 statutes…
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 lon…
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) for…
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), whi…
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 g…
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 'related…
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 scho…
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 confli…
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 st…
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 m…
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 psyc…
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 simul…
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 under…
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 qu…
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' (art…
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 its …
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 proper…
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 un…
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 run…
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) bo…
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 t…
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 6.4…
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 wa…
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 rule…
Can a Texas county commissioners court force county offices onto new software over the elected officials' objections, and what can those officials do about it?
Mostly yes for the commissioners court. Hood County was converting offices from NET Data to Tyler Technologies, and some justices of the peace objected. A JP is the 'records management officer' for hi…
Can a Texas city hire a law firm that employs a relative of the city manager, and does anyone have to disclose the relationship?
Yes, the contract is allowed, but it triggers disclosure paperwork. The City of Petersburg used a law firm, and the city manager's son-in-law later joined that firm and did some city work. The Hale Co…
When is a physician-owned eyewear company exempt from the Texas rules that bar ophthalmic-goods sellers from controlling optometrists?
Only if it stays small. The Texas Optometry Board asked four questions stemming from earlier opinion KP-0297. The AG declined the first three because they were the subject of pending cases before the …
Can the Texas Behavioral Health Executive Council repeal or change a rule about counselor or therapist licensing on its own, or does the examining board have to act first?
The examining board has to act first. The Behavioral Health Executive Council is the umbrella agency that regulates marriage and family therapists, professional counselors, social workers, and psychol…
Is a 'skill game' amusement machine illegal gambling in Texas if chance affects how much you can win, not just whether you win?
Likely yes, it counts as a gambling device. Three Panhandle prosecutors asked whether the 'Lone Star Skill Game' offered by Republic Amusements is a gambling device under Penal Code subsection 47.01(4…
Can a company (not just an individual) act as the substitute trustee that runs a mortgage foreclosure sale in Texas?
Yes, a corporate entity can. Senator Donna Campbell asked the AG to clear up confusion about whether a substitute trustee under Property Code chapter 51 has to be a human being or can be a legal entit…
What can a Texas online notary add to a document, what fees can they charge, and what has to be redacted before sharing the record?
The AG answered three online-notary questions. First, an online notary may add extra information like a barcode to the notarial certificate or elsewhere on the document, as long as it does not interfe…
Who decides how Texas ballots get numbered, and can a voting machine print the number instead of using pre-printed ballot stock?
The county elections administrator decides, and yes, a machine can print the number. Hood County switched to a hybrid voting system (the Hart Verity 2.4) and asked three questions about Election Code …
Can a former county judge who retired through TCDRS fill in as a visiting judge when a Texas county judge is absent?
Probably not. Lampasas County asked whether a former constitutional county judge, who retired under the Texas County and District Retirement System but does not meet the Government Code's definition o…
How can a Texas county legally get rid of worn-out items like old culverts when nobody bids on them at auction?
Cherokee County removes about one culvert a week and tries to sell them as 'salvage property' under Local Government Code section 263.152, but sometimes the bids do not even cover the newspaper notice…
Can a Texas store offer a suspected shoplifter a theft deterrent class instead of calling the police?
There is no Texas law that prohibits it. A House committee chair asked whether a merchant operating under the shopkeeper's privilege in Civil Practice and Remedies Code section 124.001 can offer a the…
Can a Texas city council member also serve as a volunteer reserve police officer for the same city?
No, at least in Freeport. A man who was serving on the City of Freeport's police reserve force was then elected to the city council, and the Brazoria County Criminal District Attorney asked whether he…
Can a Texas magistrate change the bail set in the county where someone was arrested on an out-of-county warrant?
Likely yes, in the right circumstances. When a warrant issues in one county but the person is arrested elsewhere, the arresting county magistrate sets bail and the accused may be transferred back to t…
Can a Texas county give the sheriff's office a pay raise in the middle of the budget year?
Usually not without an emergency. San Jacinto County's commissioners court wanted to give every sheriff's office employee a raise mid-budget-year, but the budget had no money set aside for it. The AG …
Can a company that owns farmland in a Texas water district send a representative to vote in the district's elections?
Likely no. An LLC that owns irrigable farmland in the Maverick County Water Control & Improvement District No. 1 and uses the district's irrigation water wanted its authorized representative to regist…
If a city council member also works for the state, can the city still pay them per-meeting compensation?
It depends on whether the payment is a 'salary,' and the AG would not decide that. A Hutto city council member took a job with a state college system and was paid from state funds. Article XVI, sectio…
Did a Texas county have to give public notice before paying elected officials federal COVID 'premium pay'?
Probably not. Tyler County received federal American Rescue Plan Act (ARPA) money and, in September 2021, the commissioners court voted a one-time 'premium pay' payment to county employees and officer…
Can the Texas Greyhound Association pay simulcast purse money straight to kennel and dog owners?
Likely not. When a Texas horse racetrack carries a simulcast of an out-of-state greyhound race (an 'interstate cross-species simulcast'), the Texas Racing Act requires it to pay 5.5 percent of each wa…
Can the public or a legislator inspect voted ballots in Texas during the 22-month preservation period?
Yes, for anonymous ballots. After an election, Texas keeps voted ballots locked up for at least 22 months, and election officials had been citing Election Code section 66.058 to refuse all access. The…
Does the Lone Star Infrastructure Protection Act stop a Texas utility from serving a factory owned by a Chinese company?
Not by itself. The Lone Star Infrastructure Protection Act bars Texas businesses and government entities from signing agreements that give certain foreign-owned companies (those tied to China, Iran, N…
In Texas, can an engineer certify a county subdivision plat, or must a registered land surveyor do it?
Both have to sign off on their own parts. Local Government Code section 232.023(b)(1) says a county subdivision plat must 'be certified by a surveyor or engineer registered to practice in this state,'…
Can Texas force a county probation department to refund its locally collected fees to the state at the end of the biennium?
No. County community supervision and corrections departments (the probation departments that serve the courts) are funded two ways: locally generated fees they collect, and 'state aid' the Legislature…
Can a Texas county commissioner also work as the general manager of a water authority?
Yes, on the facts presented. The Nueces County Attorney asked whether the common-law incompatibility doctrine or conflict-of-interest laws stop a county commissioner from also serving as general manag…
Can a Texas school district keep a child's medical or health information from the parents under Title IX?
No. Representative Briscoe Cain asked whether a school district may withhold medical or health information about a minor from the child's parent or legal guardian, after parents and teachers reported …
Did a large Texas county have to share its direct CARES Act COVID relief money with smaller cities inside it?
No, the federal law didn't require it. Senator Brandon Creighton asked about Montgomery County's handling of Coronavirus Relief Fund (CRF) money under the CARES Act. The CRF sent direct payments from …
Can a Texas judge who is 74 on election day but turns 75 before the term starts run for another term?
No. The Jackson County Criminal District Attorney asked whether a district judge who is 74 on election day, but who turns 75 between election day and the start of the new term, may serve the four-year…
Could a Texas school district give extra COVID paid leave only to vaccinated employees?
Not the way Houston ISD did it. Senator Paul Bettencourt asked whether HISD's policy of offering up to 10 extra days of COVID-19 paid leave only to employees who showed proof of vaccination or a medic…
Can a Texas conviction for unlawfully carrying a weapon before September 2021 be expunged along with the arrest records?
Probably, in the right case. The Nueces County District Attorney asked whether Code of Criminal Procedure article 55.01(a)(1)(C), which lets a person expunge all records and files relating to the arre…
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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.