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 county still pay the salary of an employee who owes back property taxes to the county?
Yes, according to this 1990 opinion. The Attorney General concluded that the Local Government Code provision barring salary warrants to anyone 'indebted' to the county did not reach ordinary delinquen…
If a Texas county can't mail a property tax bill because it doesn't know the owner's address, does the tax ever become delinquent?
Yes. The Attorney General concluded that section 31.04 of the Tax Code, which postpones the delinquency date when a bill is mailed late, only applies when a bill can be mailed at all. When no bill can…
Can a school principal or superintendent force a teacher's grievance hearing to be held in a closed executive session?
No, not if the teacher wants it open. The Attorney General concluded that section 2(g) of the Open Meetings Act only permits, but does not require, a closed session for personnel matters, and an emplo…
Does a company dredging under a Texas School Land Board easement need a separate state permit to disturb sand, shell, gravel, or marl?
No, according to this 1990 opinion. The Attorney General concluded the company's dredging was performed under state authority because it was done pursuant to the School Land Board's own easement, so i…
Can a Texas commissioners court award a design-build contract for a public building through competitive bidding?
No, not if the contract includes architectural or engineering services. The Attorney General concluded that Texas's Professional Services Procurement Act barred commissioners courts from awarding thos…
Can a sheriff promote his own son or daughter after he takes office if they already worked there?
No. The Attorney General concluded that while the nepotism statute let the sheriff's son and daughter keep the jobs they already held when their father took office, it barred him from promoting them a…
Can a real estate agent who sits on an appraisal district's board sell a building to that same appraisal district?
It depends on the facts. The Attorney General concluded that if the board member was contractually the seller's agent only, there was no conflict-of-interest violation, but if the board member also ac…
Can a county auditor require constables to submit a monthly report listing every paper they served?
No, not the kind of report described here. The Attorney General concluded that a county auditor could not require constables to file a monthly report listing the civil and criminal instruments they re…
Do the county committees that plan local jail and probation facilities have to hold their meetings in public under Texas open-meetings law?
No, not this kind of committee. The Attorney General concluded that a community justice council, created by district judges to help plan community corrections facilities and recommend how state funds …
When a city no longer needs a vehicle seized in a drug case, does it have to sell it at a sheriff's auction?
Yes, for forfeitures that happened before October 18, 1989. The Attorney General concluded that a political subdivision, including a home-rule city, that acquired a vehicle by forfeiture under the Tex…
Does the Texas Internal Auditing Act require state agencies to follow its rules, or are they just suggestions?
The Attorney General concluded that the Texas Internal Auditing Act's requirements are mandatory, not merely advisory guidelines, so a covered agency must appoint a certified public accountant or cert…
Can a Texas city or county put up four-way stop signs to stop cut-through traffic in a neighborhood?
Yes. The Attorney General concluded that neither state law nor the state's traffic control manual requires specific traffic conditions before a local authority may install multi-way stop signs to addr…
Can the Texas Legislature pass a special appropriation to pay claims the state has no existing legal duty to pay?
No. The Attorney General concluded that two 1989 appropriations meant to pay the unpaid wages and vendor bills of a defunct nonprofit job-training contractor were unconstitutional, because Article III…
Can a neighborhood nonprofit hold a charitable raffle to pay for opposing a landfill permit before a Texas state agency?
The Attorney General concluded that opposing a landfill permit before the Texas Department of Health is not lobbying under the Charitable Raffle Enabling Act, so a nonprofit corporation raising raffle…
If a Texas AG opinion changes the rule on unconfirmed recess appointees staying in office, does that ruling undo appointments already made?
The Attorney General reaffirmed Opinion JM-1161 but held it applies prospectively only, from May 1, 1990: recess appointees who were not yet confirmed but were properly holding office on that date rem…
Can the public get records of a state investigation into abuse or neglect at a licensed drug treatment center in Texas?
The Attorney General concluded no. Records made by the Texas Commission on Alcohol and Drug Abuse during its investigation of alleged abuse or neglect at a licensed drug treatment facility were confid…
If a justice precinct's boundaries change after a wet-or-dry vote, does a later election to change that vote happen in the old boundary lines or the new ones?
The Attorney General concluded that a 1989 statute requiring a subsequent local option election to be held in the original territory of a justice precinct, rather than in its current, possibly redrawn…
Can a Texas public school hold a raffle to raise money, or does that have to be done through the PTA?
The Attorney General concluded that an independent school district is not authorized to organize or conduct a raffle under the Charitable Raffle Enabling Act, because the constitutional provision and …
Can a Texas state agency hire the relative of a board member who oversees the agency, or does the nepotism law block it?
The Attorney General concluded the Texas Department of Banking could hire the son of a Finance Commission member as a hearings officer, because the nepotism statute only applies when the relative's go…
Did Texas need to pass a new law before extending Medicaid coverage to more young children under a new federal requirement?
The Attorney General concluded no. Existing Human Resources Code provisions already gave the Department of Human Services broad authority to provide medical assistance required by federal law as a con…
Can a Texas municipal utility district use property tax money to buy land just to build a public park?
The Attorney General concluded no. A municipal utility district operating under chapter 54 of the Water Code could not use tax revenue to purchase real property for the independent purpose of developi…
Can a Texas sheriff charge an inmate $20 just to file a bail bond for release?
The Attorney General concluded no. The only $20 personal-bond fee in the law was one a court could assess when it released a defendant on the recommendation of a personal bond office, and the only fee…
If a Texas banking-disclosure exception still uses the word 'bank' after a 1989 law expanded the statute, does the exception cover savings and loan associations too?
The Attorney General concluded no. Even though a 1989 amendment expanded most of article 342-705 of the Texas Banking Code to cover 'financial institutions' generally, including savings and loan assoc…
When a Texas law required one state agency to sell land to another, did the seller keep the mineral rights unless the law said so?
The Attorney General concluded no. Senate Bill 52's directive that the Department of Corrections and the Board of Mental Health and Mental Retardation "shall sell" certain tracts of state-owned land t…
Could the Texas Department of Health lower income eligibility for a children's health program without the Board of Health adopting a rule?
The Attorney General concluded no. Under the Health and Safety Code, only the Texas Board of Health, acting by rule, could define eligibility criteria and set priorities for the Chronically Ill and Di…
Does every tow truck in Texas have to be registered, even ones not used for hire?
The acting director of the Texas Department of Licensing and Regulation asked whether a 1989 amendment removing the words 'for compensation' from the tow truck registration statute meant all tow truck…
Does a discount referral program that lists dentists or chiropractors offering a discount need an HMO license in Texas?
The State Board of Insurance's commissioner asked whether referral programs that charge enrollees a fee to connect them with a list of single health care providers, such as dentists, optometrists, or …
Can police give a suspect a sample of a forfeited drug to bait a bigger drug deal?
A district attorney asked whether it was legal for a law enforcement officer to deliver a sample of a previously forfeited controlled substance to a suspected drug trafficker, as bait to induce the su…
Can a mayor keep her city salary while working as an independent contractor for a nonprofit that receives state funding?
A Nueces County attorney asked whether the mayor of Corpus Christi, who worked as an independent contractor for a private corporation serving people with disabilities that received some of its revenue…
Does Texas law require public works contracts to count fringe benefits as part of the prevailing wage?
A state senator asked the Attorney General to revisit an earlier opinion and hold that the prevailing-wage law for public works, V.T.C.S. article 5159a, requires public bodies to include the value of …
Can an out-of-state insurance agent call or mail a Texas resident directly to sell or renew a policy?
The chairman of the State Board of Insurance asked whether a licensed non-resident property and casualty insurance agent could sell to Texas residents (including corporate affiliates or franchisees), …
Does a Texas district clerk have to keep court-deposited money in a separate or interest-bearing account?
Tarrant County's criminal district attorney asked seven questions about a district clerk's duties regarding funds held in trust pending a court's final disposition, including which kinds of deposits c…
If the governor appoints a judge during a legislative recess and the Senate never votes on it, does the judge stay in office?
A state senator asked about a district judge Governor Clements appointed during a Senate recess, whose name was never submitted to the Senate during the special session that followed, after which the …
Can a Texas county let employees donate unused sick leave to a coworker who has run out?
A Smith County prosecutor asked whether the commissioners court could grant extra sick leave to an employee who had used up their allotment, and whether the county could let employees transfer or pool…
If a school reports a truant child to juvenile probation, can the parent still be separately charged for the child's absences?
A state senator asked three questions about a 1989 law aimed at students at risk of dropping out. The Attorney General concluded that a school attendance officer does not 'file a complaint' against a …
Does a private bus company that hauls students for a school district get the same gas-tax exemption the school district gets?
The Speaker of the Texas House asked whether a new motor fuels tax exemption for gasoline sold to a public school district for its exclusive use would also cover gasoline bought by a private transport…
Can a county tax assessor-collector also serve on the board of directors of the local appraisal district?
A Hunt County attorney asked whether an independent school district could contract with the county to collect its taxes when the county tax assessor-collector also sat on the board of directors of the…
Under the 1989 Texas law creating the Child Care Development Board, can the state build a brand-new building just to house a child care center for state employees, and can it lease that space to a child care provider for less than what the space would normally rent for?
The Attorney General concluded the state cannot build a new building solely to house a child care facility; the law only lets child care space be included when the state is already constructing or ren…
Can a single Texas county commissioner, acting alone as the ex officio road commissioner for his precinct, accept a donation of gravel or equipment for road repairs, or donate his own materials, without getting the whole commissioners court to approve it first?
No. The Attorney General concluded that only the commissioners court as a whole, not an individual commissioner acting as ex officio road commissioner, can accept donations of material to maintain cou…
If a repair shop or other business bills an insurance company directly and just doesn't ask the customer to pay their deductible, is that a crime under the Texas law aimed at insurance deductible schemes?
The Attorney General concluded no. Simply declining to collect the deductible isn't the same as advertising to "pay" the deductible or give a "rebate" of it, which is what section 27.02(a) of the Busi…
Did the Texas Legislature need a two-thirds vote in each house to legally create Central Texas University (now part of Texas A&M University-Central Texas) in 1989, or was a regular majority vote enough?
A regular majority vote was enough. The Attorney General concluded that the two-thirds-vote language in article VII, section 17(c) of the Texas Constitution sets a standard for whether a newly created…
If a private company runs a county jail under contract, do the guards it employs have to be certified by the state, or does that requirement only apply to jailers the sheriff directly employs?
The Attorney General concluded that jailers employed by a private vendor under contract with a county aren't "county jailers" in the strict statutory sense, since that term applies only to people the …
Can the Texas Legislature use a budget rider (a clause tucked into the state appropriations bill) to expand which university employees are eligible for the optional retirement program, when a separate Government Code statute already sets narrower eligibility rules?
No. The Attorney General concluded that the rider conflicts with and attempts to amend section 830.101 of the Government Code, making it a matter of general legislation that the one-subject rule for a…
In Orange County, Texas, who has the final say over how much the child support office staff get paid: the juvenile board that runs the office, or the county commissioners court that controls the county budget?
The Attorney General concluded that the Orange County Juvenile Board sets the salaries of its child support office personnel, and the commissioners court's role is limited to ministerially approving t…
If someone served as a Texas constable before 1985, left office, and then came back to the job years later, do they still get the old grandfather exemption from peace officer licensing requirements, or do they now have to get certified like a new officer?
The Attorney General concluded that a break in service ends the grandfather exemption. A constable who served before September 1, 1985, left office, and later returned after a gap does not qualify for…
If the U.S. Department of Education recognizes an accrediting organization for chiropractic schools, does the Texas Board of Chiropractic Examiners have to accept that organization's accreditation when deciding who is eligible for a Texas chiropractic license?
No. The Attorney General concluded that federal recognition of the Straight Chiropractic Academic Standards Association for certain federal purposes does not by itself require the Texas Board of Chiro…
Could the Texas Industrial Accident Board limit workers' compensation attorney fees to 15% of a claimant's recovery unless the lawyer showed his hours justified more?
The Attorney General concluded no, that rule was invalid. Texas courts consider many factors beyond hours worked in setting a reasonable attorney's fee, such as the case's complexity, the amount at st…
Can a Texas public university use campus space and staff for a private faculty club without violating the constitutional ban on gifts of public property?
The Attorney General concluded that Texas A&M University could operate a faculty club as an auxiliary enterprise without violating article III, section 51 of the Texas Constitution, as long as the arr…
When someone wins or loses an employment discrimination case brought under the Texas Commission on Human Rights Act, is the standard for who counts as the 'prevailing party' entitled to attorney's fees the same standard used under the federal Title VII law it was modeled on?
Yes. The Attorney General concluded that 'prevailing party' in section 7.01(e) of the Texas Commission on Human Rights Act should be construed the same way the U.S. Supreme Court construed that term f…
Can the public get copies of the reports abortion clinics file with the Texas health department, or find out whether a specific clinic is a licensed abortion facility?
The Attorney General concluded no. The Texas Abortion Facility Reporting and Licensing Act makes all information and records the Department of Health holds under that chapter confidential and outside …
Are a Texas county clerk's audio tapes of commissioners court meetings public records under the Open Records Act, even if she calls them her private notes?
The Attorney General concluded yes. Audio tape recordings a county clerk makes of commissioners court meetings, used to help prepare the official minutes, are subject to the Open Records Act because t…
Can a Texas appraisal district set up its own local pension plan for its employees, the way a city or county can?
A state senator asked the Attorney General to spell out what retirement plans an appraisal district may offer its employees, after an earlier opinion (JM-1068) held that appraisal districts lacked aut…
Does Texas law require a child's parent to consent before the child, as a witness or complainant rather than a suspect, is given a polygraph test?
The Attorney General concluded that the Family Code's specific consent requirement, section 51.151, only applies to a child who has been taken into custody as a suspect, not to a child complainant or …
Does the pay a Texas district judge gets for serving on a county juvenile board count toward the legislature's cap on the judge's total salary?
The Attorney General concluded yes. Even though House Bill 101 (1989) directly capped only the district judge's combined state-and-county salary, and the juvenile board statute paid a judge separately…
Must a security officer hired by a Texas harbor or port board be armed to be licensed by the state's law enforcement standards commission?
The Attorney General concluded yes, for security officers employed under article 1187f. The Government Code defines a licensable 'public security officer' as an armed officer employed by the state or …
If the legislature gives a Texas district judge a raise mid-year, does the county's court-at-law judge whose pay is tied to it get a raise automatically, and can the county amend an already-adopted budget to pay for it?
The Attorney General concluded that the raise was automatic and took effect on the legislature's effective date, not at the discretion of the commissioners court, because the county court-at-law judge…
Can a Texas county auditor require the tax assessor-collector to file notarized weekly revenue reports?
The Attorney General concluded no, at least in counties with fewer than 190,000 people. Local Government Code sections 112.001 and 114.003 give the auditor authority to require unsworn 'statements' fr…
Does a Texas county attorney's office count as a 'specialized local entity' under the county purchasing law, and what counts as a 'professional service' exempt from competitive bidding?
The Attorney General concluded that a county attorney's office, even one performing district-attorney-type duties under the Professional Prosecutors Act, is not a 'specialized local entity' under sect…
Can Texas deny an HIV education grant to a group because it lobbies to change drug or sodomy laws, or because gay people serve on its board?
The Attorney General concluded no. The Human Immunodeficiency Virus Services Act only let the Department of Health deny a grant to a group that advocates or promotes conduct that itself violates state…
Can the Texas Racing Commission regulate racetracks that don't have pari-mutuel betting, like small independent tracks, using the same authority it has over licensed pari-mutuel tracks?
No. The Attorney General concluded that the statute giving the Racing Commission power over non-pari-mutuel racetracks, V.T.C.S. article 179e-4, hands the commission that authority without any legisla…
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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.