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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Who controls the money when a Texas county prosecutor waives part of their state salary supplement?
The Attorney General concluded that funds from a county prosecutor's partial waiver of annual compensation under Government Code chapter 46 are received by the county, not the prosecutor, and are…
Can a Texas county with a state mental hospital charge other counties a document-prep fee for commitment hearings?
The Attorney General concluded no. The cost a prosecutor's office spends preparing documents for a mental-health proceeding is part of the statutory prosecutor's fee under Health and Safety Code…
Can the same person in Texas be both a city mayor and a director of a hospital district?
The Attorney General concluded no. Under the common-law doctrine of incompatibility, specifically its 'conflicting loyalties' branch, one individual could not at the same time serve as mayor of La…
Can a Texas economic development corporation use 4A sales tax money to fund a nonprofit's job-training or rehabilitation facility?
The Attorney General concluded a 4A development corporation may spend sales-tax proceeds on a rehabilitation and job-training facility only if its board of directors reasonably finds, on the facts,…
Can Texas district judges raise the county auditor's salary after the budget year has already started?
The Attorney General concluded yes. The district judges who appoint a county auditor and the assistant auditors may amend their salaries even after the county budget is approved and the new budget…
Can a Texas community college district lower its property tax rate after it has already set it and mailed the bills?
The Attorney General concluded no. The Tax Code does not expressly let a community college district voluntarily reduce its adopted tax rate in the same tax year, and that authority cannot be…
How must a Texas public funds investment pool like TexPool calculate the maturity it discloses to investors?
The Attorney General concluded that section 2256.016 of the Government Code requires TexPool to calculate the 'maximum average dollar-weighted maturity' of its portfolio using the stated (final)…
Which judge is the 'presiding judge' who can appoint a master for a mental-health probable-cause hearing in Texas?
The Attorney General concluded that the 'presiding judge' in section 574.025(c), who may decide to have a probable-cause hearing held before a master rather than a magistrate, is the judge of the…
Does converting a manufactured-home loan lien into a real-property lien create a valid homestead lien in Texas?
The Attorney General concluded it does not. Article XVI, section 50 of the Texas Constitution allows a 'purchase money' lien on a homestead only to the extent the debt was used to buy the land and…
Does the 406th District Court of Webb County, Texas, have criminal jurisdiction?
The Attorney General concluded yes. Although the statute creating the 406th District Court tells it to 'give preference' to family-violence, Family Code, and Health and Safety Code cases and does…
Does Texas cemetery law (Chapter 711) apply to old, informal burial grounds on private property?
The Attorney General concluded that the parts of chapter 711 of the Health and Safety Code that refer broadly to 'cemeteries' (as opposed to 'cemetery organizations') apply as a general matter to…
Can a Texas port navigation district limit how many years a contract can keep automatically renewing?
The Attorney General concluded yes. The Port of Port Arthur Navigation District's express power to adopt rules to manage its affairs implies the power to limit, by policy, the number of times a…
Can Texas spend state highway money on toll roads without requiring it to be paid back?
The Attorney General concluded no, not without a constitutional amendment. Article III, section 52-b lets TxDOT spend money on the Texas Turnpike Authority's toll roads only if any money taken from…
When can a Texas commissioners court or governmental body legally meet by telephone conference call?
The Attorney General concluded that section 551.125 allows a telephone conference call meeting only in a genuine emergency or public necessity where convening a quorum in one place is 'difficult or…
Is the City of Anson, Texas, a home-rule municipality?
The Attorney General concluded yes. Anson adopted a home-rule charter by voter approval on April 6, 1920, and has been a home-rule municipality under article XI, section 5 of the Texas Constitution…
Can a Texas state agency spend appropriated funds to promote itself to the public or hire a PR firm?
The Attorney General concluded that a state agency, here the Telecommunications Infrastructure Fund Board, may use appropriated funds to make information about its functions available to the public,…
Can a Texas city reappoint a director of its economic development corporation to another term?
The Attorney General concluded yes. Nothing in the Development Corporation Act of 1979 (article 5190.6) or the Texas Non-Profit Corporation Act bars reappointing a director of a section 4A economic…
Can a Texas county tax assessor-collector use escrow account interest to boost her own salary?
The Attorney General concluded that section 23.122 of the Tax Code does not forbid it, but the use is tightly conditioned. The tax assessor-collector must first determine that supplementing her…
Who appoints members of a Texas fire and police civil service commission when a term expires?
The Attorney General concluded that under section 143.006 of the Local Government Code, the expiration of a member's term is not a 'vacancy,' so the mid-term vacancy-appointment rules do not apply…
Can Texas garnish wages to collect attorney's fees in a child-support case?
The Attorney General drew a line based on article XVI, section 28 of the Texas Constitution, which bars wage garnishment except to enforce court-ordered child support. A statute may let a court…
Do Texas State Affordable Housing Corporation board members need Senate confirmation?
The Attorney General concluded yes. Even though the corporation is a nonprofit doing work usually associated with the private sector, its board members hold state offices under article IV, section…
Can a Texas physical therapist license applicant pay the exam fee directly to the exam company?
The Attorney General concluded no. Section 453.202 of the Occupations Code requires an applicant for a physical therapist or physical therapist assistant license to submit the examination fee to the…
Can a loaded concrete truck drive on any Texas road regardless of posted weight limits?
The Attorney General concluded no. A ready-mixed concrete truck carrying a gross load up to 69,000 pounds may operate on Texas public highways if its owner has filed the required surety bond, but…
Can Texas ban doctors from using patient testimonials in their advertising?
The Attorney General concluded that the Texas State Board of Medical Examiners is authorized to bar all testimonials in physician advertising. Although section 153.002 of the Occupations Code lets…
Can the Texas pharmacy board satisfy a duty to list narrow therapeutic index drugs with an empty list?
The Attorney General concluded yes. Section 562.014 of the Occupations Code directs the Texas State Board of Pharmacy, in consultation with the medical board, to establish by rule a list of 'narrow…
Which police officers are eligible to take the sergeant promotional exam in San Benito, Texas?
The Attorney General concluded that police officers in San Benito with at least two years of continuous service as either Police Officer II or Police Officer III are eligible to take the civil…
Can one person serve as both a municipal utility district director and a city zoning commission member in Texas?
The Attorney General concluded that one person could not hold both offices. A director of a municipal utility district and a member of a city planning and zoning commission are both public officers,…
Can a Texas economic development corporation board approve funding for a business owned by one of its own members?
The Attorney General concluded it depended on the kind of transaction. The board of an economic development corporation may not approve a loan to one of its directors, because the Texas Non-Profit…
Who is allowed to scan the magnetic stripe on the back of a Texas driver's license?
The Attorney General concluded that the electronically readable magnetic stripe information on a Texas driver's license or identification card may be used only by law enforcement and other…
Can a Texas police chief promote his nephew to lieutenant when the chief makes the final selection?
The Attorney General concluded that the chief could not. Under the state nepotism statute, a public official who has final authority to select someone for a position paid from public funds may not…
Which open-government and procurement laws apply to a Texas local government corporation?
The Attorney General concluded that local government corporations created under chapter 431, subchapter D of the Transportation Code must comply with the Texas Open Meetings Act and the Texas Public…
Is there a time limit to discipline a sheriff's department employee under a Texas county civil service system?
The Attorney General concluded there is no statutory time limit for taking disciplinary action against a sheriff's department employee covered by a subchapter A county civil service system, though…
Can a Texas school district operate a campus outside its own geographic boundaries?
The Attorney General concluded that an independent school district may not operate a school outside its geographic boundaries. Boles ISD, located in Hunt County, wanted to run the former private…
Does a Texas city have to apply its telecom right-of-way excavation permit rules to every other company too?
The Attorney General concluded that Chapter 283 of the Local Government Code does not force a city to extend a certificated telecommunications provider (CTP) excavation-permit ordinance to entities…
Can the spouse of a county political party chair serve as an early voting ballot board judge in Texas?
The Attorney General concluded that the wife of the San Jacinto County Republican Party chairman could serve as a judge on the Early Voting Ballot Board, because her husband was not an opposed…
Can a Texas county commissioner use county equipment to dig graves in a private cemetery?
The Attorney General concluded that an individual county commissioner may not use county labor and equipment to open and close graves in a private cemetery, even free of charge, because public labor…
If the tax office never sent the required notice, do I owe years of penalties and interest on my delinquent Texas property tax?
The Attorney General concluded that when a tax collector fails to send the five-year delinquency notice that section 33.04(b) of the Tax Code requires, the property owner is not responsible for any…
Does the Open Meetings Act apply to a city economic development corporation's board?
The Attorney General concluded that the board of the Bryan-College Station Economic Development Corporation was not subject to the Open Meetings Act. The corporation was a nonprofit organized under…
Does the Texas rule requiring a city to treat all proposers fairly apply to every request for proposals?
The Attorney General concluded that because his office cannot make findings of fact, it could not determine whether San Antonio broke the law in awarding a roughly $4.6 million advertising contract…
Can a Texas city or government agency ban concealed handgun license holders from its buildings and property?
The Attorney General concluded that a unit of government cannot ban concealed handgun license holders from carrying on its property just by passing its own rule, regulation, or policy, because the…
Can the Texas pest control board control what's in an exterminator's contract or force the company to honor it?
The Attorney General concluded that the Texas Structural Pest Control Board, an agency with only the powers the legislature gave it, may regulate the language of contracts between its licensees and…
Does a Texas county clerk have to time-stamp a document the moment it's filed, and can the clerk close early to process filings?
The Attorney General concluded that no statute expressly requires a county clerk to 'file stamp' a document, but the clerk must note the date and time on each instrument immediately when it is…
Does a Texas home warranty company need both a Real Estate Commission license and a state licensing department registration?
The Attorney General concluded that two Texas statutes regulate two different kinds of service contracts and do not overlap. Article 6573b (the Residential Service Company Act) requires a license…
Can you expunge your arrest record after deferred adjudication probation in a Texas county court?
The Attorney General concluded that a person who pleaded guilty to a class C misdemeanor in a county criminal court, paid a fine, and was placed on deferred adjudication probation is not entitled to…
Can a Texas county require bidders to attend a mandatory prebid conference for a public works contract?
The Attorney General concluded that a county commissioners court could not condition acceptance of public-works bids on attendance at a mandatory prebid conference. The County Purchasing Act…
If a city council member automatically resigns by running for another office, must the city hold a special election to replace them?
The Attorney General concluded that when a home-rule city has extended its council terms beyond two years, a vacancy created by a member's automatic resignation must be filled by a special election,…
Does writing 'signed under duress' on a traffic ticket get you out of going to court?
The Attorney General concluded that writing protest words such as 'forced to sign under threat, duress and coercion' next to your signature on a traffic ticket changes nothing. Traffic law is public…
Can Texas state agencies buy goods through online reverse auctions?
The Attorney General concluded that a 'reverse auction,' where prequalified vendors watch each other's prices fall and keep underbidding online, is not the sealed-bid competitive bidding Texas law…
Can a state vendor count purchases from a minority-owned broker toward its HUB goal?
The Attorney General concluded that the Texas Lottery Commission may count a vendor's purchases made through a HUB broker or 'pass-through' entity toward the vendor's good-faith historically…
Who has final say over hiring at a Texas probation (CSCD) department, the judges or the director?
The Attorney General concluded that the district judges who manage a community supervision and corrections department, not the department director, hold the final authority to approve the people the…
Does a public board's committee meeting become an open meeting if a quorum of the full board shows up?
The Attorney General concluded that a committee of the Edwards Aquifer Authority's board, normally not covered by the Open Meetings Act, becomes subject to the Act once enough other board members…
When does an arrested person become the county sheriff's responsibility in Texas?
The Attorney General concluded that a person arrested by another law enforcement agency, and hospitalized because of that arrest, becomes the sheriff's responsibility the moment a magistrate issues…
Is a public hospital district's building tax-exempt if it's leased to private doctors?
The Attorney General concluded that a building the Karnes County Hospital District owns but leases to private physicians for their own medical practice is not exempt from property tax. To qualify,…
Can Fort Worth police and firefighters retire on pension for a line-of-duty injury under section 143.073?
The Attorney General concluded that Fort Worth's retirement fund, which covers all city employees, is not a 'fire fighter's or police officer's pension fund.' Because Local Government Code section…
Can a kid under 14 be hired to sign up newspaper subscribers in Texas?
The Attorney General concluded that a child under 14 generally cannot be employed to solicit newspaper subscriptions, because Texas law classifies solicitation as a hazardous occupation closed to…
Does a Texas state board have to follow the Open Meetings Act when its members attend a legislative hearing?
The Attorney General concluded that when a quorum of a state board attends a legislative committee hearing and one or more members joins in discussing matters within the board's jurisdiction, the…
Can a private citizen be charged under the Open Meetings Act for lobbying county commissioners one at a time?
The Attorney General concluded that a private citizen who, on their own initiative, goes to county commissioners one by one to urge them to put an item on the agenda or to vote a certain way does…
Who is the 'judicial officer who collected the fees' for Texas time-payment fee funds, the clerk or the judge?
The Attorney General concluded that the 'judicial officer who collected the fees' in Government Code section 51.921(d) is the court clerk who actually receives time-payment fees under subsection…
If a Texas county drops out of the county-court judge salary program midyear, does it still get its share of the money?
The Attorney General answered two questions about a county that stops collecting the section 51.702 court fees in the middle of a program year. First, the Comptroller does not have to keep sending…
Can an out-of-state nonprofit be certified as a nonprofit health organization by the Texas Medical Board?
The Attorney General concluded that the Texas State Board of Medical Examiners may certify only nonprofit corporations chartered under the Texas Non-Profit Corporation Act, not foreign…
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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.