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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Does a Texas municipal court have jurisdiction over a bad check written for goods or services?
It depends on what the bad check bought and how the charge is framed. The Attorney General concluded that writing a bad check just to pay money is the offense of issuing a bad check under Penal Code…
Can a Texas budget rider require state agency employees to file financial disclosure statements with their own board?
Mostly no. The Attorney General concluded that article V, section 79 of the 1991-92 General Appropriations Act was valid only to the extent it restated the existing financial-disclosure statute…
Can a Texas city use an industrial development corporation's bonds to build or run a for-profit hospital?
No. The Attorney General concluded that a hospital or clinic is not a 'manufacturing or industrial facility,' nor a facility 'required or suitable for the promotion of commercial development,' under…
Who hires and fires juvenile probation department staff, the juvenile board or the chief probation officer?
The two share authority in a defined way. The Attorney General concluded that under sections 152.0007 and 152.0008 of the Human Resources Code, the chief juvenile probation officer of the Brazos…
Are a Texas river authority's oil and gas working interests exempt from property tax?
It depends on the facts, and the Attorney General could not resolve it in an opinion. The Lower Colorado River Authority owns leasehold (working) interests in oil and gas wells in Fayette County and…
Can a Texas sheriff investigate crimes or make arrests outside his own county or out of state?
No, not generally. The Attorney General concluded that a sheriff has no general authority to investigate criminal activity outside the county for which he was elected, and certainly none outside…
Does Texas nepotism law apply to relatives hired as independent contractors, not just employees?
On the two questions asked: a school board may hire a board member's second cousin, because a 1991 change to the nepotism law adopted the civil-law method of counting kinship, under which second…
If redistricting abolishes a Texas constable's precinct, does he have to get a peace officer license?
No, not on these facts. The Attorney General concluded that when redistricting eliminates a constable's precinct and folds it into a new, larger precinct, and the incumbent is reelected as constable…
Can one Texas district judge pay his court reporter a different salary than the other judges in the county?
Yes. The Attorney General concluded that a district judge can set the salary of his official court reporter at a level different from the salaries set by the other district judges in the same…
Can a Texas county pre-trial services office hold a defendant's property as security for a personal bond?
No. The Attorney General concluded that chapter 17 of the Code of Criminal Procedure does not authorize a county personal bond office, like the Harris County Pre-Trial Services Agency created under…
Who decides how a Texas city spends police asset-forfeiture money, the city council or the police department?
The law enforcement agency, not the city council. The Attorney General concluded that under article 59.06 of the Code of Criminal Procedure, forfeiture funds are awarded to, distributed to, and…
Can a Texas public housing authority evict a tenant just for legally owning or keeping a gun at home?
No. The Attorney General concluded that a municipal housing authority is a division of the city that created it, so it is bound by section 215.001 of the Local Government Code, which bars a…
Can a Texas city buy excess or surplus insurance without competitive bidding under Local Government Code 252.024?
No, not on the strength of that section alone. The Attorney General concluded that section 252.024 of the Local Government Code does not by itself exempt a municipality's purchases of excess or…
Can a Texas security licensing board punish someone just for being indicted, before conviction?
No, not on the charge alone. The Attorney General concluded that the Texas Board of Private Investigators and Private Security Agencies could not discipline a licensee, registrant, or commissioned…
Can a Texas city enforce its own accessibility building code on a school district despite a state waiver?
Yes. The Attorney General concluded that the City of El Paso could refuse to issue building permits or certificates of occupancy to the El Paso Independent School District for failing to meet the…
Who controls a Texas jail commissary contract, the money it makes, and its books?
The sheriff controls the contract, the money benefits inmates, and the county auditor can audit. The Attorney General concluded that the commissioners court has no authority over the terms of a jail…
Can a Texas hospital district build a clinic to lease to private doctors and pay for it with bond funds?
It could build and lease the clinic, but not pay for it that way. The Attorney General concluded that the Val Verde Hospital District had express authority under its enabling statute to construct…
Can the Texas education commissioner move a school district to a different county education district?
No, not in this situation. The Attorney General concluded that the commissioner of education had no authority to create a new county education district beyond those the statute already listed, and…
Can a religious group hand out literature and ask for donations on Texas state agency property?
It depends on the type of space. The Attorney General concluded that handing out literature and soliciting charitable donations are expressive activities protected by the First Amendment, so the…
Did the 1991 bingo tax law raise the interest rate on jeopardy tax determinations?
No. The Attorney General concluded that House Bill 11 (1991) did not change section 32(b) of the Bingo Enabling Act, so the interest rate on a jeopardy tax determination under that section stayed at…
Can Texas waive the bingo prize fee on small prizes, or can the charity pay it instead?
No, the fee could not be waived, but there was a workaround for small prizes. The Attorney General concluded that the Alcoholic Beverage Commission could not waive or exempt the three percent fee on…
Can someone get a death certificate that lists AIDS or HIV as the cause of death in Texas?
Yes. The Attorney General concluded that the Communicable Disease Prevention and Control Act, which keeps AIDS test results confidential, did not stop the state registrar from releasing a death…
Can a Texas talent agency follow Screen Actors Guild fee rules without breaking the Talent Agency Act?
Yes. The Attorney General concluded that a talent agency franchised by the Screen Actors Guild would not violate sections 2(b), 2(c), or 10(b) of the Texas Talent Agency Act by following the amended…
Does a Texas bail bondsman have to be licensed in the same county where the case is pending?
Yes. The Attorney General concluded that under article 2372p-3 a person must be licensed by a county's own bail bond board to act as a bail bondsman in any court of that county. So the Tarrant…
Can a Texas board still act under a certification statute after it has been repealed?
No. The Attorney General concluded that the Court Reporters Certification Board could not continue to consider an application for certification under Government Code section 52.021(e) after that…
Can a Texas justice of the peace set bail over the phone or use a fixed bail schedule?
No to both. The Attorney General found no authority for a justice of the peace to set bail by telephone for someone who has just been arrested and has not yet appeared before a magistrate; the…
Can a Texas school board ban tobacco use by staff and visitors on school property?
Yes. The Attorney General concluded that an independent school district's board of trustees had the authority both to enact a policy prohibiting tobacco use by district staff and the general public…
Can a Texas school board member also serve on a county education board, teach elsewhere, or work for a legislator?
Yes to all three. The Attorney General concluded that a school district trustee may serve on the board of the county education district his district belongs to, may teach in a different school…
Can the Texas Water Commission make rules to regulate groundwater, or is that an unconstitutional delegation?
It can. The Attorney General concluded that section 28.011 of the Texas Water Code, which directs the Texas Water Commission to make and enforce rules for conserving, protecting, preserving, and…
How many trustees does a Texas school district elect when expanding its board from seven to nine members?
Enough to reach nine, not a fixed six. The Attorney General construed Education Code section 23.023(h), which converts a large school district's board from seven members to nine. The statute…
How is the Texas state solid waste disposal fee calculated at a landfill?
By comparing two numbers, not three. The Attorney General read Health and Safety Code section 361.013(a) to mean a landfill charges the greater of a weight-based fee or a volume-based fee, not the…
Can a Texas county pay justices of the peace different salaries based on how many cases they handle?
Yes, on its face. The Attorney General concluded that a commissioners court may set different salaries for justices of the peace in the same county based on the number of cases filed in each court,…
Do audiology students need a hearing-aid license to make earmold impressions in Texas?
No. The Attorney General concluded that an audiology student at an accredited college or university, who is measuring human hearing as part of the academic curriculum, may make impressions for…
Can a Texas Supreme Court justice also serve on a federal board like the State Justice Institute?
No. The Attorney General concluded that the Texas Constitution's dual office holding ban (article XVI, section 12) prevents a justice of the Supreme Court of Texas from serving on the Board of…
Can a Texas school district pay its employees for unused sick leave when they leave?
Yes. The Attorney General concluded that Texas school districts have the authority to pay their employees for accrued (unused) sick leave, and that they kept that authority after the 72nd…
Can someone serve on a Texas river authority board and a county appraisal district board at the same time?
Yes, at least for this river authority. The Attorney General concluded that a director of the Guadalupe-Blanco River Authority may also serve on a county appraisal district board. The Texas…
Does a Texas law reducing the time before parole eligibility apply to inmates convicted before it passed?
Yes. The Attorney General concluded that the 1987 amendment to article 42.18, section 8(b) of the Code of Criminal Procedure, which cut the time a prisoner has to serve before becoming eligible for…
Can a Texas public official give a merit raise to a spouse who works at the same agency?
Not a discretionary merit raise. The Attorney General concluded that a Texas Department of Mental Health and Mental Retardation school superintendent violated the state nepotism law (article 5996a)…
Can county commissioners decide the boundaries for a local wet/dry alcohol election in Texas?
Only in one narrow situation. The Attorney General concluded that a commissioners court may set the boundaries for a local option liquor election only under section 251.80 of the Alcoholic Beverage…
Does a city transit agency have to use competitive bidding to build a monorail or rail transit system?
Mostly yes, but with an exception. The Attorney General concluded that a metropolitan transit authority's purchase of a new rail or monorail system was subject to the competitive bidding requirement…
Is it constitutional for Texas to exempt real estate brokers in smaller counties from continuing education?
The Attorney General declined to decide, saying it depends on facts. A 1991 law let real estate brokers licensed 10 years or more, with their principal place of business in a county of 225,000 or…
Can an 18-to-21-year-old under Texas Youth Commission supervision be held with younger juveniles in detention?
Only in limited circumstances, the Attorney General concluded. The 1985 law raised TYC jurisdiction to age 21, but the Family Code still defines a 'child' as under 18 and bars housing such children…
Did Texas law require the Secretary of State to supply corporation records on a print-image tape when seven suitable access methods already existed?
No, the Attorney General concluded. The Secretary of State already offered corporation records in seven formats (microfilm, microfiche, magnetic tape, online access, telephone responses, copies of…
Can the EEOC require a Texas state agency to delete records from an employee's personnel file?
No, not in violation of state law, the Attorney General concluded. The EEOC resolves discrimination claims through voluntary conciliation, and its compliance manual lists expunging adverse materials…
When does Texas have to hold a public hearing before giving an HIV-services grant?
Only before an initial grant over $25,000, the Attorney General concluded. Under the Human Immunodeficiency Virus Services Act (chapter 85 of the Health and Safety Code), the Department of Health…
Could a Texas hospital district close its dental clinic, and would it still have to pay for indigent dental care elsewhere?
The district could close the clinic by resolution if its board found closure was in residents' best interest. The AG could not determine whether the district still had to provide or pay for the…
Are executive management search consultants regulated by Texas even though they don't need a certificate of authority?
Yes, in part, the Attorney General concluded. Under the Personnel Employment Services Act, a management search consultant is a type of personnel service. Section 2(b) exempts these consultants only…
Can a Texas county abolish the elected office of county public weigher?
Yes, the Attorney General concluded. Because the commissioners court has discretion under Agriculture Code section 13.253 to create the elective office of county public weigher, it also has…
Who controls jury selection in a Texas county, the district clerk or a jury administrator?
The district clerk, the Attorney General concluded. Where a county uses electronic or mechanical equipment to select juror names under Government Code section 62.011 and interchangeable juries under…
Did Texas House Bill 2 deregulate Lloyd's and reciprocal auto insurers or ban experience rating?
No on both counts, the Attorney General concluded. Section 2.02 of House Bill 2, which put motor vehicle insurance under the new flexible rating program in subchapter M of the Insurance Code,…
If Texas legalized casino gambling in its waters, could Indian tribes run casinos on their Texas lands?
Most likely yes, the Attorney General concluded. Under the federal Indian Gaming Regulatory Act, if Texas enacted a bill permitting Class III (casino-type) gaming anywhere in the state, including…
Can a Texas city grant a homestead tax exemption if it would hurt the city's ability to pay its bonds?
No, not where it would impair the bonds, the Attorney General concluded. Camp Wood pledged all its property tax revenue to repay bonds in September 1990, then voters approved a $50,000…
Must a Texas county clerk give you a microfilm copy of deed and real estate records, or just a paper copy?
Just a paper copy, the Attorney General concluded. A county clerk may provide microfilm copies of real estate and deed records, but the Open Records Act does not impose a duty to do so. The Act…
Can a Texas hospital district pay dues to join a chamber of commerce or nonprofit, or reimburse an official's membership?
No, the Attorney General concluded. The Dallas County Hospital District is a creature of limited authority, and nothing in chapter 281 of the Health and Safety Code authorizes its board to spend…
Does a Texas overweight truck permit measure the five percent against the vehicle's weight or the road's limit?
Against the vehicle's allowable gross weight, the Attorney General concluded. A section 5B permit from the Highway Department lets the listed commercial vehicles run at a weight that exceeds their…
Can a Texas school principal refuse a teacher the district wants to transfer to the campus?
Yes, the Attorney General concluded. Education Code section 13.352(d) gives each principal authority to approve all teacher and staff appointments on the campus. Nothing limits that approval power…
What clerk fee applies to a Texas condemnation case, and when is it due?
A maximum of $40, the Attorney General concluded, with different timing in the two courts. In county court, a condemnation falls in the clerk's 'all others' filing-fee category at $40, but because a…
What does 'locality where the work is performed' mean under the Texas prevailing wage law?
The political subdivision most nearly corresponding to where the work is done, the Attorney General concluded. Under article 5159a, a state agency setting a prevailing wage for a public works…
Do Texas detention centers and lock-ups have to follow the same single-cell rules as county jails?
Not necessarily, the Attorney General concluded. Low-risk facilities, lock-ups, detention centers, and county correctional centers are 'county jails' that fall under the Texas Commission on Jail…
Can a Texas groundwater district charge fees to permit or register a water well?
No, the Attorney General concluded. Section 52.151 of the Water Code gives an underground water conservation district broad rule-making power to conserve and protect groundwater, but it does not…
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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.