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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Could the Burleson County sheriff also serve as the City of Caldwell's fire marshal?
A court would likely allow the Burleson County sheriff to serve as Caldwell's fire marshal, the AG concluded. Under Caldwell's ordinance, that fire marshal position likely is public employment…
Can a Texas county attorney sue to enforce a plat use restriction without anyone filing a complaint first?
Yes, the AG concluded. The Williamson County Attorney explained that the City of Austin had bought a hotel property in Williamson County to use as a long-term residential facility for the homeless,…
Does Texas law keep medical debt off your credit report if your employer's health plan uses reference-based pricing with no provider network?
Likely not, when the plan has no network, the AG concluded. The San Patricio County Attorney asked whether Business and Commerce Code subsection 20.05(a)(5) stops a consumer reporting agency from…
Can a Texas city's public improvement district assessments pay the costs of bonds issued by an out-of-state authority?
Mostly the AG declined to decide, because the specific deal turned on reading contracts, but it gave two general rules. The Williamson County Attorney, for the City of Hutto, asked whether public…
If a Texas city annexes land inside a county assistance district, does the district lose that territory?
No. The AG concluded that a county assistance district's boundary is fixed as of the creation election and does not recede when a city later annexes overlapping land. Senator Charles Perry asked…
Do you need a driver's license to drive a golf cart on a public road in Texas?
Yes. The AG concluded that a person must hold a valid Texas driver's license to operate a golf cart on a publicly maintained road open to vehicular travel, even on the limited roads where sections…
Could the Texas Public Utility Commission order ERCOT to correct electricity prices after Winter Storm Uri?
The AG concluded that the Public Utility Commission has 'complete authority' under section 39.151(d) of the Utilities Code to oversee ERCOT, and that this authority likely could be read to let the…
Could a Texas government agency allow clergy visits only when a patient faced imminent death during COVID-19?
A government agency or official restricting clergy visits to patients facing imminent death would likely violate the Texas Religious Freedom Restoration Act if less restrictive safety protocols…
Can a Texas county pay its court clerks a one-time bonus for extra work they already did?
It depends, and the AG could not give a flat yes or no because the answer turns on facts. The Brown County Auditor asked whether article III, section 53 of the Texas Constitution barred a proposed…
Can a county judge's brother run for sheriff in Texas?
Yes. The AG concluded that neither the state nepotism statute (Government Code chapter 573) nor the conflict-of-interest statute (Local Government Code chapter 171) bars a county judge's brother…
During an epidemic, can a Texas school exclude an unvaccinated student over a vaccine unrelated to that outbreak?
Probably not. The AG advised that, read in context, Education Code subsection 38.001(f) likely does not let a school district exclude a student during an epidemic for lacking a vaccine that is…
When must a Texas county combine separate purchases to reach the $50,000 competitive bidding threshold?
Only in narrow circumstances. The AG advised that the County Purchasing Act's anti-splitting rule, Local Government Code section 262.023(c), forces a county to treat separate, sequential, or…
Can someone be convicted of a crime in Texas without being present in court?
A conviction in absentia was not permitted in the circumstances the district attorney described, the AG said. Article 33.03 generally requires a defendant's presence at a felony trial or a…
Who decides a boundary dispute between two Texas groundwater conservation districts?
A court does, not the Attorney General. A state senator asked the AG to pin down the boundary line in Potter County between the High Plains Underground Water Conservation District and the Panhandle…
Does a city council member have a conflict of interest voting on a county matter if their spouse is the county tax assessor-collector?
No. The Jefferson County Criminal District Attorney asked whether a city council member must recuse from a vote to waive interest on delinquent property taxes when the council member is married to…
What is the penalty for driving over a weight limit set by TxDOT on a Texas road or bridge?
The lower catch-all penalty, not the steep graduated fines. The Burnet County Attorney asked which penalty applies when a vehicle exceeds a weight limit that the TxDOT executive director sets under…
Does a Texas physician have to supervise a nurse anesthetist (CRNA) who administers anesthesia under delegation?
Not under chapter 157 alone, but other laws can require it. The Texas Medical Board asked whether chapter 157 of the Occupations Code makes a physician supervise a certified registered nurse…
Can a Texas deputy sheriff also serve on a city council at the same time?
Yes. The Culberson County Attorney asked whether a deputy sheriff could simultaneously serve as an elected alderman of a Type-A general-law city, after a county deputy was elected to the Van Horn…
Do campaign yard signs trigger Texas's resign-to-run rule and force a city council member out of office?
Probably, if the signs urge voters to elect the official to another office and are posted in public. A state representative, on behalf of the City of Palmview, asked the AG whether a home-rule city…
Can a Texas city spend hotel occupancy tax money on a public space at an apartment complex?
Probably not, as described. A state representative asked whether a city could pay hotel occupancy tax (HOT) revenue to fund a 'public space' and clubhouse inside an apartment complex, meant to…
Does a Texas city or county have to give specific reasons when it denies a plat application?
Yes, with citations to law, and a generic denial backfires. Senator Bryan Hughes, who authored House Bill 3167, asked the AG to spell out what local governments must do under the law's plat-approval…
Does a newspaper report make a Texas pension fund's confidential investment information public?
Not by itself, the AG concluded. The Teacher Retirement System of Texas asked whether confidential private-investment-fund information loses its protection under Government Code section 552.143 once…
Must the Texas Capitol stay open during a legislative session, and can lawmakers vote remotely?
The AG concluded that the Texas Constitution requires legislative sessions to be open and accessible to the public, so the Capitol cannot be closed to the public while the Legislature is in session,…
When a Texas local election was postponed from May to November 2020 because of COVID, did the candidate filing deadline reopen?
The AG did not give a yes-or-no answer. After Governor Abbott's COVID-19 disaster declaration let political subdivisions move their May 2, 2020 elections to November 3, 2020, the Secretary of State…
Who can remove a Texas county auditor, and what process is required?
The AG concluded that the power to remove a county auditor rests within the sole discretion of the district judges who appoint the auditor, but that discretion is not the end of the story. The…
Can a Texas junior college district transfer a museum it owns to a state agency, and under what authority?
Yes, but only under one specific statute. After the Legislature moved jurisdiction over the Star of the Republic Museum from Blinn College District to the Texas Historical Commission (Senate Bill…
Does a Texas peace officer have a legal duty to step in and stop another officer who is using unlawful force?
The AG would not say there is an absolute duty. Representative James White, writing in 2020 as departments adopted policies requiring officers to intervene against colleagues using unreasonable…
Can the Texas Appraiser Board let its licensed appraisers skip USPAP standards when doing a federal 'evaluation' instead of an appraisal?
The AG concluded the Board likely cannot. The Texas Appraiser Licensing and Certification Board asked whether it could adopt a rule exempting appraisers it licenses or certifies under Occupations…
If a Texas county leaves the Failure to Appear program, can it make DPS lift the driver license holds it requested?
No, not just because the county pulled out of the program. Under Transportation Code chapter 706 (the 'Failure to Appear Program'), a city or county can contract with the Department of Public Safety…
Can a Texas home-rule city sign a contract promising never to try to decertify a utility district's service-area certificate?
Not necessarily, the AG concluded. Senator Brian Birdwell asked whether a home-rule city could agree by contract never to petition the Public Utility Commission to decertify all or part of a special…
Does a Texas county court at law judge's minimum salary include the longevity pay a district judge in the county receives?
Yes, the AG concluded. Montgomery County's auditor asked how to calculate the minimum salary of a county court at law judge with twelve or more years of accrued service under Government Code section…
Can a Texas school district sign a long-term ground lease letting a private company develop surplus school land for non-school uses?
The AG concluded that a Texas independent school district may lease its real property to a private entity under the common law, even for noneducational uses, as long as the lease does not interfere…
Can a Texas local government buy SBA Paycheck Protection Program (PPP) loans as an authorized public-funds investment?
Generally yes, the AG concluded, with two important qualifications. The Public Funds Investment Act lets covered Texas public entities invest in obligations that are unconditionally guaranteed or…
Does a Texas professional employer organization (PEO) need a money transmission license to pay its clients' employees?
No, the AG concluded. A professional employer organization, the kind of company that takes over payroll, taxes, benefits, and HR for a client business, is already licensed under chapter 91 of the…
Are a Texas search warrant, its return, and the property inventory public records the district clerk must release during an open investigation?
The AG concluded that these documents are not covered by the Public Information Act, because a district clerk holds them on behalf of the judiciary, which the Act expressly excludes. Access is…
Does the Texas Constitution's separation of powers apply to a city government and how it handles employee grievances?
No, the AG concluded, separation of powers does not apply to municipal government. The mayor of Glen Rose, a Type A general-law city, was concerned that the city council's role in hearing employee…
Can a Texas city require architectural control committee approval before issuing a building permit without violating HB 2439's building-materials law?
It depends on the facts, the AG concluded. House Bill 2439, codified at Government Code section 3000.002(a)(1), bars a governmental entity from adopting or enforcing a rule that directly or…
Can a Texas prosecutor's investigator who is not a licensed peace officer carry a gun into a courtroom?
A court would likely conclude that she can, because she is a peace officer, the AG said. A civilian investigator for a prosecutor's office carried a firearm into a district courtroom, and the…
Can the Texas DMV title and register a three-wheeled electric low-speed vehicle as a motorcycle, and what counts as a 'saddle'?
The AG gave a two-part answer. On the definition question, it explained that a vehicle can qualify as a 'motorcycle' under three different Transportation Code provisions, each with its own seating…
How is the 40% judicial-functions test for a Texas county judge's salary supplement calculated, and who checks false claims?
The AG gave two answers. On the calculation question, Government Code section 26.006 lets a county judge collect an annual state salary supplement (18 percent of a district judge's base salary) if…
Can a Texas appraisal district employee also serve on the school board of a district that participates in the appraisal district?
No, the AG concluded. Tax Code section 6.054 says an appraisal district may not employ a person who is an officer or an employee of a taxing unit that participates in the appraisal district. The…
Can the Texas Teacher Retirement System invest in or directly own real estate?
Only through investments that count as 'securities,' the AG concluded. Senator John Whitmire asked whether the Teacher Retirement System of Texas could invest in or own real estate, directly or…
When a Texas water district builds roads for a county to take over, who sets the construction standards and can the county delay acceptance with a warranty period?
The county sets the standard, within statutory limits, and may impose a warranty period that meets those limits, the AG concluded. Senator Eddie Lucio asked, for the Bastrop County Water Control and…
Do appraisal district board members in Texas have to take the state's mandatory cybersecurity training for local government officials?
Probably not, the AG concluded. The Hill County Attorney asked whether Government Code section 2054.5191(a-1), which makes a local government require its employees and 'elected officials' to…
Can Texas A&M University remove or relocate the Sul Ross statue on its campus on its own?
Not on its own, the AG concluded. Chapter 2166 of the Government Code generally does not apply to projects of state universities, but section 2166.5011, which uses 'notwithstanding any other…
Can a Texas city or county halt evictions under a local disaster declaration?
No, the AG concluded. Senator Brandon Creighton asked whether local governments operating under COVID-19 disaster declarations could delay, prohibit, or restrict the eviction procedures the…
Can a Texas transit authority require masks and refuse service to riders who won't wear one?
Yes, the AG concluded. Representative Jim Murphy asked whether the Metropolitan Transit Authority of Harris County (METRO) could refuse service to and bar a rider who would not follow a rule…
Can a Texas county or judge require masks in courthouses and county buildings?
Yes, through several different officials, the AG concluded. Harris County Attorney Vince Ryan asked who could require face coverings in courtrooms, courthouses, and other county buildings during the…
Which court can issue a capias in a Texas misdemeanor case, and when?
The judge of a court that obtains jurisdiction of a misdemeanor case when an information or complaint is filed may issue a capias after commitment or bail and before trial, the AG concluded. Filing…
Can a comparable or practice exam satisfy the test requirement for a Texas bilingual-teacher tuition grant?
No, the AG concluded a court would likely say. The Commissioner of Higher Education asked whether universities could let students qualify for a bilingual-education teaching grant by passing an exam…
Can a Texas drainage district levy its own flood-control tax without a voter election?
No, the AG concluded, and the county can't raid those funds either. The Jackson County Criminal District Attorney asked three questions about the split of authority between the Jackson County…
Can a Texas judge appoint a court recorder instead of a court reporter?
Generally no, the AG concluded a court would likely hold. The Cherokee County Attorney, citing a shortage of court reporters and the need to avoid delays when a reporter retires, dies, or is…
Can a Texas school district keep and maintain a historic cemetery found on its property?
Yes, generally, the AG concluded. Representative Senfronia Thompson asked about Fort Bend Independent School District's authority to keep and maintain a cemetery discovered during construction, the…
Can a Texas river authority give up a surplus flood easement without getting fair market value?
Yes, the AG concluded. The San Antonio River Authority's chairman asked whether the Authority can release a surplus inundation easement (an easement letting the dams store floodwater on private…
Can a Texas county pay an invoice on an amended contract for work that was done before the amendment?
The AG gave general advice rather than ruling on the specific invoice, which he called a fact question for the commissioners court. Paying an amount the county already owed under the original…
Does a Texas state agency have to build a monument that a legislative resolution authorized?
No, the AG concluded. In 2007 the Legislature passed a concurrent resolution authorizing the State Preservation Board and the Texas Facilities Commission to approve and permit a privately funded…
Do double-decker tour buses have to follow Texas axle weight limits on interstate highways?
Yes, the AG concluded. Texas Transportation Code section 621.101(a)(2) caps tandem axle weight at 34,000 pounds, and double-decker over-the-road buses often exceed it. A bus operator argued that a…
Does a Texas mental health commitment hearing have to be recorded by an official court reporter?
Probably yes, the AG concluded. The Kerr County Attorney asked whether a hearing on an application for court-ordered mental health services, which Health and Safety Code section 574.031(g) says 'is…
Can a Texas county call a bond election to pay for fixing streets inside a city?
Yes, with limits, the AG concluded. The Sterling County Attorney asked whether a county could call a bond election under article III, section 52 of the Texas Constitution and use the money to…
After Janus, can a Texas public employer deduct union dues from an employee's paycheck without fresh consent?
Not safely, the AG concluded. A state representative asked how the U.S. Supreme Court's 2018 Janus decision affects Texas payroll deductions for public-sector union dues. The AG read Janus to mean a…
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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.