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 the Texas Legislature reimburse its members for expenses beyond the per diem in the constitution?
Yes, for legislative expenses, the Attorney General concluded. Article III, section 24 of the Texas Constitution sets a member's salary, per diem, and mileage, and bars extra compensation or payment…
Who counts as a 'team physician' under the Texas athletic trainer licensing law?
Only a medical doctor, the Attorney General concluded. The term 'physician' in section 1(1) of the athletic trainer statute (article 4512d) refers to a person licensed by the State Board of Medical…
Can a state board impose training requirements on elected community college trustees in Texas?
No, the Attorney General concluded. The Texas Higher Education Coordinating Board could not, by rule, set educational or training requirements for trustees of junior college districts. The…
Where does money from inmate pay phones in a Texas county jail go?
To the county treasurer, the Attorney General concluded. Proceeds from pay telephones in a county jail are not commissary proceeds governed by Local Government Code section 351.0415, which gives the…
Can a state licensing board member also work for a company the board regulates?
Not in this case, the Attorney General concluded. The audiologist member of the Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids was barred by statute from having a 'financial…
Can a Texas transit board review bids in a closed session without violating the Open Meetings Act?
Only within narrow limits, the Attorney General concluded. The Houston METRO board was not holding a 'meeting' under the Open Meetings Act if its members merely gathered to receive information and…
Does a registered manufactured-housing installer need a Railroad Commission certificate to haul the home?
No, the Attorney General concluded. An installer who holds a valid certificate of registration under the Texas Manufactured Housing Standards Act (article 5221f) is exempt from the…
Can a Texas state agency pay for home modifications out of money not appropriated for that program?
No, the Attorney General concluded. The Department of Mental Health and Mental Retardation could make architectural modifications to a client's private home only with the funds specifically…
Does a Texas school district have to use competitive bidding to hire a food service management company?
Yes, when the district participates in federal school nutrition programs. The Attorney General concluded that federal regulations governing the National School Lunch Program and similar programs…
Can a Texas county maintain a private dirt road just because school buses drive on it?
No, the Attorney General concluded. A commissioners court ordinarily has no legal authority to maintain or improve a private road, even one used as a school bus route. The only constitutional…
Can a Texas water district board member also be hired and paid as the district's manager?
The Attorney General concluded yes, in this case. The Duval County Conservation and Reclamation District ran on the powers of a water control and improvement district, and Water Code section 51.084…
Is it a conflict for a judge to rule on cases involving the county commissioners who set his pay?
The Attorney General concluded it was not a constitutional conflict of interest. The Government Code lets commissioners courts set the salaries of county court-at-law judges and, for certain…
Can one owner of a joint bank account remove another owner's name without permission?
The Attorney General concluded no. Section 440 of the Texas Probate Code let 'a party' to a joint account change 'the form of the account,' but the opinion read that power narrowly: it reaches only…
If a juvenile felony record can't be sealed in Texas, does the person have to disclose it on a job or license application?
The Attorney General concluded that the protection did not apply. Section 51.16(h) of the Family Code let a person whose juvenile records had been sealed decline to disclose the proceeding on an…
How precisely must Texas compute the school tax rate that decides who pays the state's teacher-retirement contribution?
The Attorney General concluded the Teacher Retirement System could carry the calculation to as many decimal places as needed, not just two. Section 825.405(h) of the Government Code excused a school…
Does a nonprofit that serves senior citizens have to follow the Open Meetings Act?
The Attorney General concluded no. The Parker County Committee on Aging was an ordinary nonprofit corporation formed under the Texas Non-Profit Corporation Act, run by a board not chosen by city or…
Does releasing provisional census numbers start the clock on the Texas Legislature's duty to redraw districts?
The Attorney General concluded yes. The February 5, 1991 release of the 1990 census 'public law 94-171' counts was a 'publication' of the decennial census under article III, section 28 of the Texas…
Can a local beer distributor sell a brand anywhere in Texas if it bought the beer from a general distributor instead of the maker?
The Attorney General concluded no. Under sections 102.51 and 102.52 of the Alcoholic Beverage Code, a local beer distributor could sell a particular brand only inside the territory the brand's…
If a Texas county advertises for bids and gets none, can it just buy directly or must it advertise again?
The Attorney General concluded the county had to readvertise. Under the County Purchasing Act (Local Government Code sections 262.022 through 262.035), a purchase over $10,000 had to go through…
Does requiring arbitration before suing over bad seed violate Texans' right to open courts?
The Attorney General concluded that chapter 64 of the Agriculture Code, which made a buyer of vegetable seed submit a performance complaint to non-binding arbitration before suing the seller, did…
Can a Texas city avoid the nepotism law by letting a city administrator do the hiring instead of the council?
The Attorney General concluded no. A city council cannot escape the nepotism law (article 5996a) by delegating hiring to a city administrator, because what matters is whether the related officer can…
Can a Texas state research council hire outside contractors for administrative support, or only the state health department?
The Attorney General concluded that the On-Site Wastewater Treatment Research Council could get administrative support only from the Texas Department of Health, not from outside entities, because…
Can a Texas county commissioners court hire its own staff attorneys to advise individual commissioners or the sheriff instead of using the county attorney?
No, not on its own. In this 1990 opinion the Attorney General concluded that the Harris County Commissioners Court could not create staff-attorney positions for individual commissioners or the…
Which telephone companies have to pay the Texas PURA gross receipts assessment, and do long-distance carriers owe it on the access charges they pay local phone companies?
The section 78 assessment applies to every public utility under the Public Utility Commission's jurisdiction, which after 1987 includes all long-distance (interexchange) carriers, not just those the…
Can a Texas chiropractor call themselves a 'chiropractic physician'?
The board can allow it. In this 1990 opinion the Attorney General concluded that the Texas Board of Chiropractic Examiners has authority to adopt a rule permitting its licensees to use the title…
Could Texas local governments impose stricter septic-system installer rules, and did licensed plumbers need state installer registration?
Yes, within limits. JM-1278 concluded that authorized agents could adopt stricter on-site sewage and installer standards needed to carry out local health protections, while nonconflicting rules…
What kind of bond does a Texas charity have to post to hold a raffle when it doesn't yet have the prize?
A surety bond, and the county clerk does not have to take cash. In this 1990 opinion the Attorney General concluded that under article 179f, section 3(j), V.T.C.S., a charity that does not yet…
Could a Texas county road district borrow beyond voter-approved bonds, and could the county loan or guarantee the money?
Only within voter-approved and constitutional limits. JM-1276 concluded that the road district could use authorized bonds and anticipation notes but could not exceed voter authority; Bastrop County…
Can a Texas county auditor force other elected county officials to use a specific computer accounting system and give the auditor open access to their records?
Only partly. In this 1990 opinion the Attorney General concluded that a county auditor in a county with a population under 190,000 may adopt and enforce regulations under Local Government Code…
Can a Texas sheriff make deputies and jailers take random urine drug tests?
Not on a purely random basis without justification. In this 1990 opinion the Attorney General concluded that random urine drug testing of deputy sheriffs and jailers, meaning testing not triggered…
Can a Texas resident use the alternative court reporter certification route, or is it only for people moving in from other states?
A Texas resident can use it. In this 1990 opinion the Attorney General concluded that section 52.021(e) of the Government Code, which lets a person become a certified shorthand (court) reporter by…
Does a nonprofit like AARP need a state license to run a paid driver safety course in Texas?
Yes. In this 1990 opinion the Attorney General concluded that a private, nonprofit organization that charges a fee (here, $8) for a driver safety course falls within the definition of a 'commercial…
Can an armed security officer for the Texas Adjutant General's Department carry a handgun on the job without a private security commission?
Yes on department premises, but not on the commute. In this 1990 opinion the Attorney General concluded that a 1989 statute (Government Code section 431.029(12)) authorizing the adjutant general to…
Can a Texas group health insurer deny coverage for addiction rehab because it was not at a hospital?
No. In this 1990 opinion the Attorney General concluded that article 3.51-9 of the Texas Insurance Code requires group health insurers subject to Chapter 3 to cover chemical dependency treatment,…
Can federal savings and loan law override Texas's homestead protection so lenders can make home equity loans on a home?
Not according to this 1990 opinion. On the central question, whether federal rules for federally chartered savings and loan associations preempt the Texas homestead provision (article XVI, section…
Can a Texas commissioners court give county employees raises without amending the county budget?
No. In this 1990 opinion the Attorney General concluded that a commissioners court may not grant salary increases to selected county employees without amending the budget, even when the raises are…
Can the Texas Legislature legalize casino gambling without amending the state constitution?
Only for games that are not lotteries. In this 1990 opinion the Attorney General concluded that Article III, section 47 of the Texas Constitution bans lotteries and gift enterprises, not all…
Can a Texas city council member also work for a school district, special district, or navigation district?
It depends on whether the second position is an office or just a job. In this 1990 opinion the Attorney General concluded that Article XVI, section 40 of the Texas Constitution (which bars holding…
Can a Texas school district use student activity funds to pay college scholarships for graduates?
It can, if two conditions are met. In this 1990 opinion the Attorney General concluded that activity funds or agency funds that have actually become the school district's property (not funds still…
Does the Fayette County attorney get paid like a district attorney under Texas law?
No. In this 1990 opinion the Attorney General concluded that the county attorney of Fayette County is not entitled to be compensated as a prosecutor under section 46.003 of the Government Code. Even…
Can a Texas county auditor require the county's federal tax ID number on all county depository bank accounts?
Only for the accounts that hold county money. In this 1990 opinion the Attorney General concluded that a county auditor in a county with a population under 190,000 may adopt and enforce a…
Can a Texas county pay a real estate agent a finder's fee for finding a buyer of county land at auction?
Yes, if all other legal requirements are met. In this 1990 opinion the Attorney General concluded that a county commissioners court may offer and pay a finder's fee to a real estate agent for…
Can a Texas county or city be sued in tort over property it takes at a tax sale for unpaid taxes?
Generally no, at least for claims tied to the tax sale and redemption itself. In this 1990 opinion the Attorney General concluded that when a county, home-rule city, or independent school district…
Was Texas Attorney General Opinion JM-1249 withdrawn?
Yes. In this brief December 17, 1990 notice, the Texas Attorney General stated that Opinion JM-1249 was withdrawn in its entirety and that the office would advise later how it would proceed. No…
Do Texas jail standards apply to a city jail that a private company runs under contract?
Yes. In this 1990 opinion the Attorney General concluded that the minimum jail standards adopted by the Texas Commission on Jail Standards apply to a jail that a private vendor operates for a…
Can a Texas municipal utility district pay for park land with revenue notes instead of bonds?
Yes. In this 1990 opinion the Attorney General concluded that a municipal utility district created under article XVI, section 59 of the Texas Constitution and operating under chapter 54 of the Water…
Can Texas charge a petroleum storage-tank cleanup fee on barges bringing fuel in from other states but not on in-state barges?
No. In this 1990 opinion the Attorney General concluded that section 26.3574 of the Water Code, which funds the petroleum storage tank remediation (cleanup) fund, is unconstitutional as applied to…
Does the Texas Charitable Immunity Act protect a chamber of commerce and its volunteers from lawsuits?
No. In this 1990 opinion the Attorney General concluded that a chamber of commerce is not a 'charitable organization' under the Charitable Immunity and Liability Act of 1987 (chapter 84 of the Civil…
Do all Texas gasoline distributors pay the fees under House Bill 504, or only those selling ethanol or methanol blends?
It depends on which fee. In this 1990 opinion the Attorney General read House Bill 504 (article 8614, V.T.C.S.) to authorize two fees. The general fee in section 9(b), for testing, inspection,…
Can a Texas city issue revenue bonds to build a school building and lease it to the local school district?
No. In this 1990 opinion the Attorney General concluded that a city cannot use its revenue-bond powers to finance a school building and lease it to an independent school district, even for purely…
If a Texas county's contracted supplier can't deliver, can the county buy the shortfall from another vendor without new bids?
Yes. In this 1990 opinion the Attorney General concluded that the County Purchasing Act (chapter 262 of the Local Government Code) does not stop a county from making an isolated spot purchase of…
Can a Texas prosecutor use drug-seizure money to pay employee bonuses or raises without commissioners court approval?
No. In this 1990 opinion the Attorney General concluded that a prosecutor may not use drug forfeiture funds to pay bonuses or increase salaries for office employees whose pay is budgeted by the…
Can the Texas mental health department buy or lease property for community services without using the state purchasing agency?
No. In this 1990 opinion the Attorney General concluded that when the Texas Department of Mental Health and Mental Retardation buys or leases personal property, or leases real property, for…
Do volunteer firefighters in Texas have to meet the state's firefighter training standards?
It depends on whether the fire department is a department of a local government. In this 1990 opinion the Attorney General concluded that members of a volunteer fire department that is not a…
Could a Texas local government let an auditor temporarily take public records to the auditor's private office?
Section 202.004 neither prohibited nor authorized the temporary move. A local governing body could establish procedures for it through its records-management program if the service contract…
Can a Texas district judge appoint a special auditor or take a commissioners court's executive-session tapes?
This 1990 opinion was withdrawn in its entirety a few weeks after it issued, so it does not represent the Texas Attorney General's position and should not be relied on. In it, the Attorney General…
How often did a Texas county have to publish a bid notice, and could one bid cover both buying equipment and guaranteeing its resale?
Notice had to run at least once a week from first publication until bids opened, so a gap week made this solicitation fall short. And a single bid could not cover both the purchase and a later…
If a Texas psychologist is exempt from licensing but chooses to get licensed anyway, does the state board have authority over them?
Yes. In this 1990 opinion the Attorney General concluded that a person who voluntarily obtains certification or licensure under the Psychologists' Certification and Licensing Act becomes subject to…
Can a Texas judge appoint a temporary district attorney if the office already has an assistant district attorney?
Yes. In this 1990 opinion the Attorney General concluded that a district judge may appoint a district attorney pro tem under article 2.07 of the Code of Criminal Procedure when the elected district…
Could an individual Texas bail bondsman use a letter of credit as the required cash equivalent for a bail-bond license?
Yes. JM-1245 concluded that individual and corporate applicants could use a qualifying letter of credit as a cash equivalent, but the credit had to be irrevocable, independent of the underlying…
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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.