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 city or county invest public money in mutual funds that hold only government adjustable-rate mortgages?
Answering the chair of the House Financial Institutions Committee, the Attorney General concluded that the Public Funds Investment Act (V.T.C.S. article 842a-2) lets cities, counties, school…
Can Texas require nursing home license applicants to disclose their past record?
Answering Lieutenant Governor Bob Bullock, the Attorney General concluded that the Texas Board of Health had legal authority to adopt proposed rules requiring a nursing-facility license applicant to…
Does a Texas child accused of truancy get a court hearing and a lawyer?
Answering the Harris County District Attorney, the Attorney General reached three conclusions about truancy cases under the Family Code. First, section 54.021 does not require a juvenile court to…
Where does a Texas county's vehicle registration fee go, and can the county spend it on anything it wants?
Answering a question from Cameron County, the Attorney General concluded that the whole $1.90 vehicle-registration fee a county tax assessor-collector keeps from each registration receipt, including…
Must the Texas Low-Level Radioactive Waste Disposal Authority charge fees that cover interest on state money it borrowed?
The Attorney General concluded that sections 402.272(a), 402.2721, and 402.273(b) of the Health and Safety Code require the Texas Low-Level Radioactive Waste Disposal Authority to set its…
Can a Texas state agency buy fire or property insurance for its own buildings?
The Attorney General concluded that a Texas state agency may not purchase property insurance to cover its buildings unless the legislature specifically authorizes it, and the Texas Surplus Property…
Is Texas prekindergarten part of the public free schools, and which four-year-olds can enroll?
Answering questions the U.S. Department of Education needed for federal impact-aid eligibility, the Attorney General concluded that Texas's prekindergarten program under Education Code section…
If a Texas tax-foreclosure sale brings in more than the taxes owed, how do you claim the leftover money?
The Attorney General concluded that under Tax Code section 34.04 a person claiming the surplus left over after a tax-lien foreclosure sale does not have to file a new, separate lawsuit. The claimant…
Can a Texas home-rule city set up a nonprofit corporation to issue bonds for a community project?
The Attorney General concluded that the City of Texas City, a home rule city, could sponsor a non-profit, no-share corporation organized under the Texas Non-Profit Corporation Act to issue bonds and…
Does Texas's retirement system pick specific insurance vendors for state-employee payroll deductions, or just types of coverage?
The Attorney General concluded that under V.T.C.S. article 6813g the Employees Retirement System of Texas (ERS) must designate supplemental optional benefits programs (things like permanent life,…
How does a Texas bank recover franchise taxes it overpaid, and can the state offset what the bank still owes?
The Attorney General answered several questions from the Comptroller about refunding franchise taxes that banks had paid before a string of court losses showed the tax had been collected unlawfully.…
Can a Texas government board meet privately with outside companies to hear presentations without giving public notice?
This opinion overruled Attorney General Opinion DM-17 (1991). The Attorney General concluded that after the 1987 amendments to the Open Meetings Act, a 'meeting' subject to the act includes a…
Do city employees in Texas who spray for pests need a structural pest control license?
The Attorney General concluded that after the legislature deleted the old blanket exemption for government and educational employees, a city employee who engages in the business of structural pest…
In an old Texas workers' comp claim, who pays for a medical exam the board orders, the state or the insurance company?
The Attorney General concluded that the Industrial Accident Board and its successor, the Texas Workers' Compensation Commission, had long read former article 8307, section 4(a) to make the state…
Does property the state seizes and forfeits in a Texas drug or crime case still owe property taxes?
The Attorney General concluded that real property forfeited to the state under chapter 59 of the Code of Criminal Procedure is exempt from ad valorem (property) taxation, under Tax Code section…
If a Texas city or school district leases out property it owns to private businesses, does it still get a property tax exemption?
The Attorney General concluded that public property keeps its ad valorem tax exemption only if it is still held and used primarily for a public purpose. Leasing public property to a private party…
When a Texas county redraws its commissioner precincts, do the boundaries of a hospital district tied to those precincts move too?
The Attorney General concluded no. The Hamilton County Hospital District's enabling legislation described its boundaries as coextensive with Hamilton County commissioners precincts 1, 2, and 4. When…
Can a Texas city set up an economic development program and sell bonds to pay for business incentives?
The Attorney General concluded that section 380.001 of the Local Government Code, which lets a city establish programs (including loans and grants of public money) to promote economic development,…
Do Texas retirement systems have to follow the disadvantaged-business contracting rules when they hire investment brokers and advisers?
The Attorney General drew a line. Contracts for investment counseling or investment advice are excepted from House Bill 799 (the 1991 law amending article 601b that asks state agencies to help…
Can a Texas county make its courthouse and other county buildings smoke-free?
The Attorney General concluded that yes, a county commissioners court is authorized to regulate smoking within and on county property, including creating a smoke-free environment or designating…
Can a Texas city require its own license to sell tobacco, on top of the state permit, to crack down on sales to minors?
The Attorney General concluded no. Sections 154.101(h) and 155.041(h) of the Tax Code say that permits to engage in business as a tobacco retailer (and as a distributor, wholesaler, or bonded agent)…
Can the Texas Workers' Compensation Commission release or destroy minor injury reports where the worker missed no work?
The Attorney General concluded several things. The Commission did not have to collect or keep employer reports of 'no lost time' (NLT) injuries (where the worker missed a day or less) and could…
Does time in a court-ordered drug treatment facility count toward your prison sentence if your probation is later revoked in Texas?
The Attorney General concluded that it does not. Under the version of Penal Code section 12.422 in effect in 1992, a court could order an eligible defendant to serve two separate periods: first, six…
Does a Texas city, county, or other local government have to carry workers' compensation insurance for its employees?
The Attorney General concluded that yes, under the workers' compensation laws as rewritten in 1989, a political subdivision must provide workers' compensation coverage for its employees. It can…
Can a Texas community college borrow money against its delinquent maintenance taxes to fix up an old building on campus?
The Attorney General concluded that a junior (community) college district could pledge its delinquent local-maintenance taxes as security for a loan under section 20.45 of the Education Code. The…
When does a Texas teacher returning from temporary disability leave have to be put back to work?
The Attorney General concluded that section 13.905(e) of the Education Code required a school district to put a teacher returning from a leave of absence for temporary disability back on active duty…
Can Texas DPS ask on a driver's license renewal whether you've had a problem with alcohol or drugs?
The Attorney General concluded that a question on the Texas Department of Public Safety's driver's license renewal form, asking whether the applicant had ever 'had a problem, been arrested or…
Can the Texas State Board of Education lend out permanent school fund securities to earn a return?
The Attorney General concluded that article VII, section 5(d) of the Texas Constitution, added in 1987, gives the State Board of Education broad authority to make any prudent investment in managing…
Can a Texas county clerk charge a fee to release a judgment paid into court under section 31.008?
The Attorney General concluded that a county clerk could not charge a filing fee for executing or preparing a release of judgment under section 31.008 of the Civil Practice and Remedies Code,…
Are volunteer nursing home ombudsmen in Texas protected from lawsuits for their work?
The Attorney General concluded that volunteer ombudsmen, and the citizens' organizations that take part in the state long-term care ombudsman program, are immune from civil liability and criminal…
Can a Texas county vote to adopt a modified version of the Optional County Road System?
The Attorney General concluded that a petition asking for a county election to adopt the Optional County Road System (V.T.C.S. article 6702-1, chapter 3, subchapter C) is invalid if it materially…
Can a Texas county education district offer a discount for early property tax payment?
The Attorney General concluded that a county education district could adopt the early-payment property tax discounts in section 31.05 of the Tax Code, but only if every taxing unit that collected…
If a Texas optometrist co-owns optical shops at several locations, do the Optometry Act's anti-control rules apply to them?
The Attorney General concluded that anyone with an ownership interest in a business that sells ophthalmic goods (glasses, frames, contact lenses) is a 'retailer of ophthalmic goods' under the Texas…
Can a private subdivision control boating and fishing on its own canals in Texas?
The Attorney General concluded that waterways built for a private subdivision are still 'public waters' under the Water Safety Act (chapter 31 of the Parks and Wildlife Code) when their only source…
Are the names of early in-person voters public before election day in Texas?
The Attorney General concluded that the names of people who vote early by personal appearance become public immediately when they vote, and their release is not held back by section 61.007 of the…
Can a state agency like TxDOT join a protest against a city zoning change?
The Attorney General concluded that the Texas Department of Transportation, as an owner of real property in its right-of-way, may be counted among the owners of 20 percent of the immediately…
How much can a Texas district clerk charge for uncertified copies of court records?
The Attorney General concluded that section 9(d) of the Open Records Act does not set the charges for copies of judicial records held by the district clerk, because the Open Records Act does not…
Can a Texas school district set its own financial standards for surety bond companies?
The Attorney General concluded that under article 5160 and article 7.19-1 of the Insurance Code, as amended in 1991, a school district may not require corporate sureties to be solvent enough to…
Does a Texas constable have to serve civil process from a federal court?
The Attorney General concluded that a county constable is not required by section 86.021 of the Local Government Code to serve civil process issued by federal courts in his official capacity. The…
Does the nepotism law apply to a city housing authority's executive director?
The Attorney General concluded no. The Texas nepotism statute (article 5996a) reaches only officers who have the authority to hire personnel. Under chapter 392 of the Local Government Code, the…
Where must Texas asset-forfeiture money be deposited, the county treasury or somewhere else?
The Attorney General concluded that forfeiture funds distributed under article 59.06(c) of the Code of Criminal Procedure, whether to the office of the attorney representing the state (usually a…
Can a licensed engineer who is not an architect design a public building in Texas?
The Attorney General concluded that section 16 of article 249a does not bar a registered professional engineer, licensed under the Texas Engineering Practice Act (article 3271a), from preparing the…
Do nonvoting ex officio members count toward a state board's quorum?
The Attorney General concluded that ex officio, nonvoting members of the Texas Board of Licensure for Nursing Home Administrators are not counted in deciding whether a quorum is present. The quorum…
Can a state require outdoor shooting ranges to be built to National Rifle Association standards?
The Attorney General concluded no, as the statute was then written. Section 756.042 of the Health and Safety Code required the owner of an outdoor shooting range to build and maintain the range to…
Can a Texas commissioners court overturn an ex officio road commissioner's firing of a road employee, or move that worker to another precinct?
The Attorney General reached a mixed conclusion. On whether an ex officio road commissioner can fire full-time road employees to save money without risking discrimination suits, the opinion noted…
Are older Texas health spas still exempt from posting a security bond after the 1989 Health Spa Act changes?
The Attorney General concluded no. The 1985 Health Spa Act let an established spa owner open new spas without posting a security bond (a 'grandfather' exemption in former section 10(d)). The 1989…
Can the same person be a county deputy constable and an assistant fire chief at the City of Houston at the same time in Texas?
The Attorney General concluded yes. Neither the Texas Constitution's ban on holding two civil offices of emolument (article XVI, section 40) nor the common-law doctrine of incompatibility blocks one…
Did Texas county education districts have to follow the truth-in-taxation notice, hearing, and rollback rules even though their tax rate was set by formula?
The Attorney General concluded the county education districts (CEDs) had to comply with the notice and hearing requirements of the Tax Code's truth-in-taxation provisions, even though the CEDs had…
Can Texas treat a disabled teacher who recovers after age 60 as disabled for life, blocking their return to work, when younger teachers can come back?
The Attorney General concluded no. Government Code section 824.304(c) conclusively presumed that a Teacher Retirement System disability retiree whose retirement began at or continued past age 60 was…
Can the Texas health department share abortion-clinic records with the medical or nursing board, or confirm a place is not a licensed abortion facility?
The Attorney General concluded no to both. The Texas Abortion Facility Reporting and Licensing Act makes the records the Department of Health holds confidential and lets the department release them…
Can Texas therapeutic optometrists prescribe antiviral or glaucoma eye drugs, and could the optometry board list allowed drugs by category instead of by name?
The Attorney General reached a split conclusion. First, neither the Optometry Act provision authorizing therapeutic optometrists to prescribe certain eye drugs nor the board's rule violated article…
Does having lobbyists at your firm disqualify you from serving on a Texas state commission with a lobbyist conflict-of-interest rule?
The Attorney General concluded no. Under section 2.061(d) of the General Services Act, a person who is a member of a firm could still serve as a commissioner of the General Services Commission even…
Can a Texas county enforce floodplain building rules over waterways that a port or navigation district controls?
The Attorney General concluded yes, but only to a limited extent. The Port of Houston Authority has exclusive jurisdiction over the building of structures over waterways within its geographical…
Can a Texas agency meet in closed session to discuss who to appoint to an advisory committee, or do open meetings rules require it stay public?
The Attorney General concluded the meeting had to stay open. Members of the Texas Commission on Fire Protection's two advisory committees (the Fire Protection Personnel Advisory Committee and the…
Can the Texas National Guard use federal money to buy liability insurance for staff running a mobile recruiting shooting range, even from an out-of-state insurer?
The Attorney General concluded yes. The Texas Adjutant General, as head of the Texas National Guard, had authority to obtain liability insurance, paid for with federal funds, to cover Guard officers…
Do Texas juvenile probation officers have to supervise out-of-state juveniles sent here under the Interstate Compact on Juveniles, even ones Texas couldn't have prosecuted as juveniles?
The Attorney General concluded yes. By adopting the Uniform Interstate Compact on Juveniles as chapter 25 of the Family Code, Texas both authorized and required its juvenile probation officers to…
Can a Texas health district refuse to let you inspect old birth and death records and charge a fee?
The Attorney General concluded yes, as to the original records. Old birth records (more than 50 years old) and death records (more than 25 years old) are public and not exempt under the Texas Open…
Where do funds left over from a USDA agriculture inspection agreement have to go in Texas?
The Attorney General concluded the money has to go into the state treasury. When a 1981 cooperative agreement between the U.S. Department of Agriculture and the Texas Department of Agriculture ended…
Can a Texas hazardous waste permit hearings examiner talk privately with agency staff about the case?
The Attorney General concluded no. A 1991 law (Senate Bill 1099) added section 361.0831 to the Health and Safety Code, governing hazardous-waste-permit contested cases before the Texas Water…
Does interest on Texas's proprietary school tuition fund go back to the fund or to general revenue?
The Attorney General concluded the interest goes to the state's general revenue fund. The Proprietary School Tuition Protection Fund, created by Education Code section 32.91, is a 'special fund in…
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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.