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 must the Texas Comptroller lower a school district's taxable property values after a tax appeal?
The Attorney General concluded the Comptroller had no duty to adjust. Education Code section 42.257 makes the Comptroller revise the taxable property values it reports for school funding only when a…
Is a county's racetrack admission fee an illegal local occupation tax in Texas?
The Attorney General gave a partial answer. The 15-cent racetrack admission fee a county collects under section 6.17(a) of the Texas Racing Act, to pass on to cities in the county, is an occupation…
Can a Texas parent or hopeful adoptive parent advertise to place or find a child for adoption?
The chair of a Texas House committee asked four questions about the law (Penal Code section 25.09) that makes it a crime for anyone but a licensed child-placing agency to advertise that they will…
Does a Texas cosmetologist have to be tested and certified free of hepatitis to get a license?
The Texas Cosmetology Commission's interim director asked two things about a 1997 law requiring an applicant for a new or renewed cosmetology license to submit a doctor's certificate showing the…
Can a corporation that isn't owned by veterinarians own a vet clinic or employ vets in Texas?
The director of the Texas veterinary board asked whether several business arrangements between a corporation that is not owned entirely by veterinarians and a practicing veterinarian amount to the…
Can a Texas appropriations rider force state agencies to take and pay for the Human Rights Commission's training?
The chair of the Texas Southern University Board of Regents asked whether a state agency or university that got three or more employment-discrimination complaints in a year had to let the Texas…
Must Texas agencies buy computers through the disability set-aside program or the state IT purchasing rules?
The General Services Commission's director asked whether the mandatory purchasing program that steers state agencies to buy goods made by people with disabilities (Human Resources Code chapter 122)…
Can the Texas Legislature let a state agency interpret the home equity amendment to the state constitution?
A state senator asked whether the Legislature, by statute or by a constitutional amendment, could put a state agency in charge of interpreting article XVI, section 50 of the Texas Constitution, the…
Can a Texas city or district that joined a regional 9-1-1 plan pull out of it on its own?
The executive director of the state 9-1-1 advisory commission asked three questions after the City of Corpus Christi tried to drop out of its regional 9-1-1 plan. First, can an emergency…
If a Texas water district director runs for another office, do they automatically lose their director seat?
A state representative asked whether Water Code section 49.072, which says a water district director who becomes a candidate for another office 'is no longer qualified to serve as director,' is…
Who controls a Texas county's records management and preservation fee, the commissioners court or the county clerk?
Three county officials asked who decides how the records management and preservation fee that a county clerk collects under Local Government Code section 118.0216 may be spent: the commissioners…
Can a Texas county add the 15% delinquent-tax collection penalty to property taxes that become delinquent on July 1?
On behalf of the Brazos County Tax Assessor-Collector, the county attorney asked whether the extra penalty that pays for collection-attorney costs (Tax Code section 33.07) reaches taxes that fall…
Which Texas school district taxes a pooled gas well's royalties, the one with the well or the one where the land is?
The Wheeler County Attorney (whose duties the District Attorney for the 31st and 223rd Judicial Districts had taken over) asked how to split ad valorem taxes on gas royalties between two school…
Which government-held funds count as 'public funds' that a Texas agency can invest under the Public Funds Investment Act?
Catherine Ghiglieri, the Texas Banking Commissioner, asked which funds her department controls may be invested under the Public Funds Investment Act (Government Code chapter 2256) and what 'public…
Can a Texas appraisal district pay its chief appraiser's legal fees for defending a criminal charge tied to his job?
Senator Judith Zaffirini asked whether the board of an appraisal district may reimburse the attorney fees its chief appraiser ran up defending a criminal prosecution for official misconduct. (In…
Can a Texas county force a road across private land to reach a landlocked neighbor's property?
Howard Freemyer, the Kent County Attorney, asked whether the county commissioners court could establish a 'neighborhood road' under Transportation Code section 251.053 for a landowner whose only…
Can someone with a federal conviction restore their Texas civil rights if they also have a misdemeanor on their record?
Representative Al Edwards asked whether a person convicted of a prior federal offense may apply to restore civil rights forfeited in Texas because of that federal conviction, if the person has also…
Does the Texas colonias subdivision law apply when a school district leases teacher housing on its grounds?
Joe Rubio, the District Attorney for the 49th Judicial District, asked on behalf of the Webb Consolidated Independent School District whether the colonias statute (Local Government Code chapter 232,…
Is it constitutional for Texas to require water-district board members to own land in the district?
Sherry Robinson, the Waller County Criminal District Attorney, asked whether the land-ownership requirement for serving on a fresh-water-supply district board (Water Code section 53.063(2)) and a…
Can a Texas sheriff make an attorney or bondsman post collateral, or refuse the attorney's bail bond for a client?
Two county attorneys, Richard Miller of Bell County and Bill Moore of Johnson County, asked about a sheriff's authority over bail bonds, especially bonds an attorney executes for a client the…
Can a Texas commissioners court continue a meeting for up to a week without posting a new notice?
Jose Rodriguez, the El Paso County Attorney, asked whether a commissioners court could continue a meeting for up to one week without reposting notice, pointing to the Local Government Code provision…
Can Texas require students at private for-profit (proprietary) schools to pass the TASP basic-skills test to earn a degree?
Senator Teel Bivins, chair of the Senate Education Committee, asked whether the Texas Higher Education Coordinating Board could extend Education Code section 51.306, which requires undergraduates at…
What happens to a Texas public videoconference meeting if technical problems cut off the public watching at a remote location?
Carolyn Purcell, executive director of the Department of Information Resources, asked two questions about videoconference meetings under Government Code section 551.126. First, must a governmental…
Does a Texas business that operates as a cooperative have to incorporate under the Cooperative Association Act?
Secretary of State Alberto Gonzales asked whether a corporation that intends to operate as a cooperative may incorporate under the Texas Non-Profit Corporation Act when no specific statute covers…
Can a Texas university governing board hold its meetings by videoconference or by telephone conference call?
Delmar Cain, general counsel of the Texas A&M University System, asked whether a 1997 Open Meetings Act provision allowing videoconference meetings (Government Code section 551.126) applies to a…
Can Texas withhold a Medicaid provider's payments to cover that provider's child support?
William Archer, the Texas Commissioner of Health, asked whether the Texas Department of Health could withhold part of a Medicaid provider's payment to cover the provider's child-support obligation.…
Can a Texas school stop a child-abuse investigator from interviewing a student, or require a staff member to be present?
State Senator J.E. 'Buster' Brown asked whether, without a court order, a school principal or other official could refuse to let a child-abuse investigator from the Department of Protective and…
Did a Texas statute expire because the law amending it took effect the day after the expiration date?
Don Gilbert, commissioner of the Texas Department of Mental Health and Mental Retardation, asked the Attorney General whether chapter 597 of the Health and Safety Code expired on August 31, 1997.…
Can Texas let an environmental agency exempt a company from a pollution rule if it uses an equally protective alternative?
Barry McBee, the chair of the Texas Natural Resource Conservation Commission, asked the Attorney General whether Water Code section 5.123 was constitutional. That 1997 statute lets the commission…
Can a Texas city council require several members to agree before an item goes on the meeting agenda?
State Representative Steven Wolens asked whether a Dallas City Council rule, which lets the mayor put an item on the agenda only when five council members or a majority of a council committee…
Can a licensed Texas chiropractor give injections or prescribe prescription drugs?
State Representative Hugo Berlanga and the president of the Texas Board of Chiropractic Examiners asked the Attorney General whether a licensed Texas chiropractor could use injectable substances…
Can a licensed Texas chiropractor practice acupuncture without a separate acupuncture license?
Bruce Levy, executive director of the Texas State Board of Acupuncture Examiners, asked whether performing acupuncture falls within the scope of practice of a licensed Texas chiropractor. The…
Does a Texas county tax assessor-collector have to register with the state board if the county contracts out its tax collection?
Brazos County Attorney James Kuboviak asked the Attorney General two questions about Tax Code section 6.24(b), which lets a county contract to have its property taxes assessed and collected by…
Do contractors on Texas public works have to pay the prevailing wage, and what happens if they underpay or misclassify workers?
Texas Representative Rene Oliveira asked the Attorney General several questions about Government Code chapter 2258, the prevailing-wage law for public works, prompted by a dispute over electricians…
Could Texas limit a veteran tuition exemption to veterans who lived in Texas when they entered military service?
The Attorney General concluded that a court probably would strike the requirement that a veteran must have lived in Texas when entering military service, while preserving the exemption for honorably…
Can a Texas county sign a hold-harmless clause that makes it pay for another party's damages?
Denton County's Criminal District Attorney asked whether a hold-and-save-harmless clause the U.S. Army Corps of Engineers wanted the county to sign (as part of an agreement for the county to provide…
Are eight-liner gambling machines legal in Texas, and can regulators act against businesses that have them?
Senator David Sibley asked whether the 1995 exception to the Penal Code's definition of 'gambling device,' which let certain machines pay out small noncash prizes (worth no more than $5 or ten times…
Who decides sex education curriculum in Texas public schools, the state board or local districts?
The Commissioner of Education and the chair of the State Board of Education asked how the board's power to set curriculum standards and adopt textbooks fits with the law that gives local school…
Is Texas's $25 fee for paying criminal fines over time constitutional, and who has to pay it?
Senator Rodney Ellis asked about the new $25 time payment fee under Government Code section 51.921. The Attorney General concluded it did not violate due process or equal protection for the reasons…
Does Texas's freeport property-tax exemption still apply if a manufacturer sells its goods to another in-state company before they leave the state?
Senator Bill Ratliff asked about Alliance Compressors, a Texas company that makes air-conditioning compressors and sells them to Trane, another in-state company, which builds them into air…
Could former officers, employees, or governing-board members of a Texas taxing unit serve on an appraisal review board?
For appointments from January 1, 1998, the opinion read section 6.41(c) to bar former governing-body members, officers, and employees of any taxing unit from appraisal review boards in counties over…
Can a Texas adult probation department refuse to supervise a teenager who was convicted of perjury in criminal court?
The Frio County Attorney described a situation where a 16-year-old was tried in criminal court (not juvenile court), convicted of perjury, given a suspended jail sentence, and placed on community…
Can a Texas county juvenile probation board enter contracts and spend money without the commissioners court's approval?
The El Paso County Attorney asked whether the county's juvenile probation board could contract and authorize expenditures for the juvenile department without going through the commissioners court.…
Does the State of Texas have to pay court filing fees and service fees up front when it sues?
The Williamson County Attorney's office relied on a 1982 opinion (MW-447A) for the rule that the State of Texas does not have to pay filing fees and service-of-process fees in advance, but sheriffs…
Does a sex offender treatment provider have to report suspected child abuse even if the information is old or incomplete?
Texas Family Code section 261.101(a) requires anyone who has cause to believe a child has been abused or neglected to report it immediately. The Council on Sex Offender Treatment told the Attorney…
Does Texas have to pay legal costs for a volunteer who gets sued for work they did for a state agency?
Civil Practice and Remedies Code chapter 104 makes the state pay damages, court costs, and attorney fees for certain people sued over work they did for the state, and also makes the Attorney General…
Can a Texas county change a tax abatement deal by removing land from a reinvestment zone?
Texas counties can offer property tax breaks to spur development by designating a 'reinvestment zone' and then signing tax abatement agreements with property owners inside it, all under Tax Code…
Did Houston need its own citywide vote to join the Harris County-Houston Sports Authority?
House Bill 92 (1997) let a county and a city create a sports and community venue district, and a transition clause (section 7) said no new election was needed to do so if the voters 'of the county…
What power does the Houston City Council have over the Houston-Harris County Sports Authority?
Houston and Harris County jointly created the Houston-Harris County Sports Authority in 1997 under chapter 335 of the Local Government Code to build venue projects like the new downtown ballpark.…
Did Harris County need another public vote before adding hotel and car rental taxes to pay for a new baseball stadium?
Harris County and Houston created the Harris County-Houston Sports Authority to build a downtown ballpark for major league baseball, financed in part by a special hotel occupancy tax and a…
Could Texas lenders start taking home equity loan applications before the law allowing them took effect?
For most of its history Texas barred lenders from using a home's equity as loan collateral, because article XVI, section 50 of the state constitution shielded the homestead from forced sale. In…
Do Texas disabled parking permits still get free parking, or do drivers have to pay at airports?
In 1995 Texas exempted vehicles displaying a disabled parking permit from parking fees and penalties imposed by any governmental unit. In 1997, House Bill 3025 added a new subsection saying the code…
Can a Texas community college charge students a mandatory technology fee?
The Texas Higher Education Coordinating Board asked, on behalf of the Dallas County Community College District, whether the district could impose a mandatory technology fee to buy computer hardware,…
If I appeal a Texas justice court case and post an appeal bond, do I still have to separately pay the county clerk's court costs?
When a justice court case is appealed to county court, Texas Rule of Civil Procedure 143a deems the appeal not perfected if the appellant fails to pay county-court costs within twenty days of the…
Does Texas charge the agricultural rollback tax when the state buys farmland and stops farming it?
Land that is appraised at its lower agricultural value owes a 'rollback' tax, a penalty recapturing several years of tax savings, when the use changes away from farming. Land Commissioner Garry…
Can a Texas city review or veto the rules its fire and police civil service commission adopts?
State Senator Frank Madla asked whether the City of San Antonio, which has adopted the fire fighters' and police officers' civil service system in chapter 143 of the Local Government Code, may…
Can the UIL require Texas school coaches to be full-time employees, and can a school board agree to that?
Representative Paul Sadler asked whether University Interscholastic League (UIL) rules requiring athletic coaches to be full-time school employees exceed the League's authority and intrude on local…
Can a Texas auto club pay members back for towing and other costs, or only for legal fees?
The Secretary of State and Insurance Commissioner asked whether Transportation Code chapter 722 let an auto club reimburse members for expenses such as towing, instead of supplying the service. The…
Does a city or its appointed utility board own and control a municipal water utility's property and staff?
State Representative Edmund Kuempel asked about the legal relationship between New Braunfels Utilities (NBU) and the City of New Braunfels, which had created NBU in 1942 to run the city water and…
Can a physical therapist in Texas perform needle EMG testing?
The Texas State Board of Medical Examiners asked whether needle electromyography (EMG), a nerve-and-muscle test, is the practice of medicine, whether it also falls within a physical therapist's…
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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.