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 county use jail inmate labor to set up and tear down events at fundraisers the county co-hosts with a nonprofit organization?
No, according to this 2004 opinion. Code of Criminal Procedure article 43.10(4) only authorizes county inmate labor on the county's own public works and maintenance projects, and a nonprofit's…
Is the Texas grandparent visitation law constitutional after the Supreme Court's Troxel v. Granville decision?
Yes, according to this 2004 opinion. Family Code section 153.433 is constitutional on its face, but a court applying it must require the grandparent to overcome a presumption that a fit parent is…
Can a Texas district attorney's office keep forfeited property, like seized vehicles or cash, for its own use?
Yes, according to this 2004 opinion. A district attorney's office qualifies as a "law enforcement agency" under Code of Criminal Procedure article 59.01(5) because it employs peace officers, so an…
Could Texas barber licensing use online applications while requiring a physician's health certificate?
Yes. This 2004 opinion held that the State Board of Barber Examiners had to participate in TexasOnline while still requiring a physician's health certificate before issuing or renewing a license.…
Does Texas's Public Funds Investment Act limit how a municipal utility can invest nuclear plant decommissioning trust money?
No, according to this 2004 opinion, as long as the municipal utility holds the decommissioning trust funds only as a custodian to pay decommissioning costs on behalf of the selling utility's…
Can a Texas police officer take an off-duty job as a private security guard without breaking the law against public officials accepting honoraria?
Yes, according to this 2004 opinion. A commissioned peace officer's typical off-duty security work does not violate the Penal Code's honorarium ban, because employers hire the officer for training…
Can someone with a sealed criminal record in Texas voluntarily let a federal background check see it anyway?
Not by waiving the order themselves, according to this 2004 opinion, since Texas law gives no one the power to waive a section 411.081(d) nondisclosure order. But the record can still legally reach…
Can a Texas sheriff's civil service commission restrict who a sheriff is allowed to hire as a deputy?
Yes, according to this 2004 opinion. Unlike a county commissioners court, which cannot tell a sheriff whom to select, a civil service commission created under Local Government Code chapter 158,…
Can the Texas board that licenses real estate appraisers add its own classroom-hour requirements for appraiser trainees?
No, according to this 2004 opinion. Occupations Code chapter 1103 lets the Texas Appraiser Licensing and Certification Board set qualifications for certificate and license categories, but a trainee…
Could Weatherford College lease campus land on favorable terms to a Methodist-affiliated nonprofit for a student center and chapel?
Potentially. The college district had implied authority to lease land to a private nonprofit, including a religiously affiliated one, but the lease could not impair college use or surrender board…
Can a Texas school district discipline its own police officers without giving them a copy of a signed written complaint first?
No, according to this 2004 opinion. The Education Code rules on school district peace officers don't override the Government Code's complaint procedure, so a school district police department still…
Can a Texas county clerk also serve as a director of a river authority at the same time?
Yes, according to this 2004 opinion. Both jobs would normally count as a paid 'civil office of emolument,' which the Texas Constitution bars one person from holding two of at once, but Government…
Do neighborhood deed restrictions apply to land a Texas public university acquired by purchase or condemnation?
No, according to this 2004 opinion. Under Texas case law, deed restrictions and restrictive covenants don't bind a governmental entity, particularly one with condemnation power, on property it…
Could a company legally broadcast a televised bingo game like BingoTV in Texas without a state bingo license?
No, according to this 2004 opinion. BingoTV met the legal definition of bingo, the company wasn't licensed to conduct bingo, and its television-and-online format didn't fit the narrow promotional…
Could a Texas county auditor approve payment on a contract awarded without following the County Purchasing Act?
A county auditor who determined that a contract violated the County Purchasing Act had to reject payment claims under section 113.065. The contract was not automatically void from inception, but a…
Can a Texas municipal fire and police civil service commissioner be reappointed to a second consecutive term?
No, according to this 2004 opinion. A civil service commissioner counts as holding a 'public office,' and the statute bars appointing anyone who has held a public office within the preceding three…
Can a Texas district court's courtroom be moved to a different spot within the county seat city, not just the original historic town site?
Yes, according to this 2004 opinion. The Texas Constitution requires district courts to sit at the 'county seat,' but that term isn't frozen to the original founding-era acreage; a 1987 statute…
Did the Kerr County judge have to conduct mental-health hearings at the state hospital, and could the county offset the judge’s salary supplement?
Kerr County’s constitutional county court and county court at law had concurrent Mental Health Code jurisdiction, and hearings could—but generally did not have to—occur at Kerrville State Hospital.…
Could Hidalgo County's civil service plan protect deputy district clerks who serve at the district clerk's pleasure?
No, according to this 2004 opinion about Hidalgo County. The Attorney General concluded that its deputy district clerks were not covered by the Hidalgo County civil service plan and that the…
Can a Texas county create an emergency services district and vote on its sales tax at the same election?
No, according to this 2004 opinion. Health and Safety Code chapter 776 requires the district to exist first and appoint its board before that board can call a separate election to adopt a sales and…
Does a water district board member lose their seat if a relative works for the private company that runs the district's water system?
No, under the facts presented. The Attorney General concluded that the word 'person' in Water Code section 49.052(a)(1), which disqualifies a board member related to a 'person providing professional…
When did Texas justice courts have to appoint licensed spoken-language interpreters, and could a county force a court to use its contractor?
Chapter 57 applied to misdemeanor pleas in justice court and generally required a licensed spoken-language interpreter when the appointment rules were triggered. A county could offer a contracted…
Who controls a body donated to a specific Texas medical school, and can the state Anatomical Board reassign it or ship it out of state?
It depends on which law the gift is made under. The Attorney General concluded that a body donated to an institution named in chapter 691 of the Health and Safety Code is 'received under' that…
Can a Texas county lease a building to a private museum for $1 and agree to pay the upkeep and utilities for decades?
Partly. The Attorney General concluded that Midland County had authority under chapter 319 of the Local Government Code to acquire property for a museum and to lease it to the private Museum of the…
Does a Breeders' Cup-style horse race qualify for the Texas Racing Act's special tax reimbursement meant for the Breeders' Cup?
No. The Attorney General concluded that 'the Great State Challenge,' an event modeled on the Breeders' Cup and held at Sam Houston Race Park, did not qualify as the 'Breeders' Cup races' under…
Does a nonvoting member of a Texas appraisal district board count toward a quorum and can they serve as an officer?
Yes. The Attorney General concluded that a county assessor-collector who serves as a nonvoting member of an appraisal district board under Tax Code sections 6.03 and 6.04 is still counted in…
Does a Texas grand jury have to use a licensed court interpreter for a deaf or non-English-speaking witness?
Yes. The Attorney General concluded that a grand jury hearing is a 'criminal proceeding' for purposes of Government Code section 57.002, so when a witness who is deaf, hearing-impaired, or does not…
Can a budget rider redirect Texas historic-courthouse preservation money to restore a church or other non-courthouse building?
No. The Attorney General concluded that Rider 20 of the Texas Historical Commission's 2002-03 appropriation did not, by its terms, authorize spending Historic Courthouse Preservation Program funds…
Can a state university professor be paid for serving on a school board, city council, or water district board in Texas?
No. The Attorney General concluded that a professor or instructor at a state university is not a 'schoolteacher' under the 2001 amendment to article XVI, section 40 of the Texas Constitution. That…
Does a Texas community housing nonprofit automatically get a property tax exemption on the low-income rental housing it owns?
Not automatically. The Attorney General answered only in general terms because whether a particular organization qualifies is a question of fact the AG cannot decide. To be exempt under Tax Code…
In Texas, which officials have to file their signed anti-bribery statement with the Secretary of State?
Only state-level officers. The Attorney General concluded that the term 'state officer' in article XVI, section 1(c) of the Texas Constitution means officers whose jurisdiction covers the whole…
Can a Texas county judge who is also a lawyer get the county to waive the conflict of interest so he can practice law in his county's courts?
No. The Attorney General found no statute that lets the commissioners court consent, on the county's behalf, to a county judge practicing law in the justice, county, or district courts of his own…
Does the Texas Court Reporters Certification Board have to certify real-time captioning specialists?
No. The Attorney General concluded that section 57.021(d) of the Government Code, which lets the Texas Commission for the Deaf and Hard of Hearing keep a list of people 'certified by the Court…
Can a Texas insurance carrier's attorney send workers' comp claim letters directly to a claimant who already has a lawyer?
Yes. The Attorney General concluded that a Texas Workers' Compensation Commission rule (28 Tex. Admin. Code 102.4(b)) requiring carriers, employers, and health care providers to send copies of all…
If a Texas municipal hospital authority leases part of its building to a private company, does the building stay exempt from property tax?
Not automatically. The Attorney General concluded that a hospital authority's building has to meet the 'exclusive public use' requirement to be exempt under article VIII, section 2 of the Texas…
Can Texas's Rural Foundation use its money to fund rural programs that aren't health-related?
No. The Attorney General concluded that the Rural Foundation, the nonprofit corporation the Legislature created in chapter 110 of the Health and Safety Code, may only raise and spend money to…
What happens to a Texas groundwater conservation district when voters reject the election to confirm it?
The Attorney General worked through nine questions about the Southeast Trinity Groundwater Conservation District after voters in November 2001 rejected confirming it (and rejected a tax). The main…
Can a Texas county pay grand jurors more than petit jurors, or vary juror pay by which court they serve in?
No. The Attorney General concluded that section 61.001 of the Government Code requires a county commissioners court to reimburse all jurors at the same daily rate, with one exception. Under…
Can a Texas business that already maxed out its enterprise project tax benefits get a second concurrent designation in the same zone?
No. The Attorney General concluded that under the Texas Enterprise Zone Act and Tax Code section 151.429, an 'enterprise project' is the discrete business entity located in a particular enterprise…
Can Texas require foreign-trained teachers to provide a 'Letter of Good Standing' from their home country to get certified?
Partly. The Attorney General concluded that the State Board for Educator Certification has authority to verify that a foreign educator's credential is in good standing, and may ask for a 'Letter of…
When does a Texas commissioners court have to approve a defeated county commissioner's spending?
The Attorney General concluded that section 130.908 of the Local Government Code, which requires commissioners court approval of a defeated incumbent commissioner's expenditures in a county under…
Can a Texas city council ban its own members from serving on the volunteer fire department?
The Attorney General concluded that a type A general-law city (Cockrell Hill) had no authority to adopt a resolution barring its mayor or council members from also serving in the city's volunteer…
Can Texas appellate courts be required to follow the state's employment-discrimination audit law?
The Attorney General concluded that Labor Code sections 21.451 through 21.456, which require the Texas Commission on Human Rights to audit state agencies' employment policies (including those of the…
Does a Texas city official have to resign to run for a political party precinct chair?
The Attorney General concluded no. The 'resign-to-run' rule in article XI, section 11 (and article XVI, section 65) of the Texas Constitution applies only when an officer becomes a candidate for…
Can Texas require early childhood intervention providers to hand over children's personal information?
The Attorney General concluded that the Texas Interagency Council on Early Childhood Intervention is authorized by state and federal law to require its contracted local service providers to collect…
Can a company be penalized for filing frivolous confidentiality claims to block a Texas public records request?
The Attorney General concluded no. The Texas Public Information Act lets a third party (such as a business whose records a governmental body holds) ask the AG to withhold information on privacy or…
Can the Texas Department of Insurance examine a physician group's records when it provides only medical care under a contract with an HMO?
The Attorney General concluded yes. A nonprofit health corporation certified by the Board of Medical Examiners counts as a physician under the HMO Act, and when it has a contract with a health…
Can a Texas city commissioner take part in discussing a merit raise for a sibling who works for the city?
The Attorney General concluded no. Under the continuous-employment part of the nepotism statute, a city commissioner whose sibling keeps a city job may not participate in any deliberation or vote on…
Can a Texas school board trustee also serve on the board of a small groundwater conservation district?
The Attorney General concluded the trustee could not, on the facts described. The Water Code rule that disqualifies a member of one political subdivision's governing body from serving as a…
Does a Texas water or special utility district need county or city permission to lay water lines in road right-of-way?
The Attorney General drew a line between counties and cities. A water district or water supply corporation has statutory rights-of-way in public roads, but when it lays water system facilities it…
Is the medical information I submit to get disability accommodations on a Texas licensing exam kept confidential?
The Attorney General concluded that it depends on who supplies the information. When a physician fills out the Texas Board of Architectural Examiners' disability assessment form, the diagnosis,…
Can a towing company give a parking lot or apartment complex free services in exchange for the towing contract?
The Attorney General concluded no. Chapter 684 of the Transportation Code bars a towing company from giving a parking facility owner 'anything of value' in connection with removing vehicles, and…
Does a Texas city get to approve how its economic development corporation winds down and sells off assets?
The Attorney General concluded yes on review, with a limit. A city that created a section 4A economic development corporation has general authority to supervise and control it, so the corporation's…
Does a Texas county have to register exotic or dangerous wild animals, and can residents force it to?
The Attorney General concluded yes. Under subchapter E of chapter 822 of the Health and Safety Code, added by House Bill 1362, every county that has not entirely banned the ownership, possession,…
When Texas law lets a city restrict trucks to 'two designated lanes,' does that mean exactly two or two or more?
The Attorney General concluded it means exactly two. Section 545.0651(b) of the Transportation Code lets a municipality restrict, by class of vehicle, through traffic to 'two designated lanes' of a…
Does a Texas nonprofit cemetery or a crematory have to register with the Funeral Service Commission?
The Attorney General reached four conclusions about the Texas Funeral Service Commission's authority over cemeteries and crematories under chapter 651 of the Occupations Code, as expanded in 2001.…
Is it constitutional for Texas to give big counties less time than small counties to appoint a lawyer for indigent defendants?
The Attorney General concluded that a court would likely uphold both rules. Article 1.051(c) of the Code of Criminal Procedure, as amended by the 2001 Texas Fair Defense Act (Senate Bill 7),…
Does a retired Texas state park peace officer have to take continuing education to keep an active peace-officer license?
The Attorney General concluded that a peace officer who retired from the State Park Law Enforcement Program is a 'retired state employee' under section 1701.356 of the Occupations Code. A qualifying…
Can a Texas mayor serve as both a board member and the paid executive director of his city's industrial development corporation?
The Attorney General concluded there was no legal bar to a mayor serving simultaneously as a board member and salaried executive director of an industrial development corporation his city created…
Can a city promote a longtime police officer whose parent was recently elected to the city council, despite nepotism rules?
The Attorney General concluded the promotion was permissible. An Azle police lieutenant had served continuously since 1997, and his mother was elected to the city council in 2001; the city manager…
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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.