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.
No Texas opinions match these filters
Try a different search term or clear the filters.
If the same name (or the same handwriting) shows up more than once on a petition for a local option liquor election in Texas, does every one of those signatures get thrown out, or just the extra copies?
The Attorney General concluded that every signature in a duplicate set is void, not just the later copies, so a voter can't preserve one valid signature by pointing to which one came first. The opinio…
Does a hospital district's own enabling law or the general Tax Code control what a county tax collector gets paid for collecting the district's taxes?
The Attorney General concluded that the general Tax Code standard controlled. Even though the Reagan County Hospital District's 1977 enabling law set a specific fee formula (up to 2% of collections, c…
For the Texas prison Work Program Plan's 100-mile rule, does an inmate's 'recorded place of residence' mean their actual home, or just the county they live in?
According to this 1990 opinion, it means the inmate's actual place of abode, dwelling, or habitation, not merely the county of residence, so an inmate cannot be placed in a designated work facility mo…
Can a Texas chiropractor advertise that he performs physical therapy if he isn't a licensed physical therapist?
Yes, according to this 1990 opinion. The Attorney General concluded the Physical Therapy Act completely exempts licensees of other state health-care boards, including chiropractors, so a licensed chir…
Two different 1989 Texas laws changed the required wording for a special-district real estate disclosure notice. Which version do sellers have to use?
According to this 1990 opinion, a seller who uses the notice wording required by Senate Bill 1207 satisfies both bills, because Senate Bill 1207's changes already include the standby-fee language Hous…
Does a licensed commercial shrimper in Texas need a separate finfish license to legally sell fish caught while shrimping?
No, according to this 1990 opinion. The Attorney General concluded the captain and paid crew of a licensed commercial shrimp boat only need the general commercial fisherman's license, not an additiona…
Once a Texas justice of the peace has ruled on cause of death at an inquest, can she later hold a separate inquest hearing to reconsider it?
No, according to this 1990 opinion. The Attorney General concluded a justice of the peace must decide at the inquest itself whether a formal inquest hearing is needed, and once she has made a finding …
Does a substance abuse or court residential treatment facility run by a Texas probation department need a state license, or is it exempt as a state-operated facility?
It generally needs a license, unless it operates under standards set by the community justice assistance division. In this 1989 opinion the Attorney General concluded that substance abuse treatment fa…
Can two people who are first cousins both serve on the board of a Texas water district, or does a relationship rule disqualify them?
If the disqualification statute applies to their district, both are disqualified. In this 1989 opinion the Attorney General concluded that section 50.026(a) of the Water Code, which bars a person from…
Does a Texas emergency services district have to provide fire and ambulance service to tax-exempt property, like a port or public school, inside its boundaries?
Yes. In this 1989 opinion the Attorney General concluded that an emergency services district organized under article 2351a-8, V.T.C.S., may not deny its services to tax-exempt entities located within …
Can a Texas rural fire prevention district take out a bank loan repaid from property taxes without holding an election?
No. In this 1989 opinion the Attorney General concluded that a rural fire prevention district cannot borrow money repayable from ad valorem taxes to be collected in future years unless the district's …
Does the Texas Open Meetings Act apply when a quorum of a state board attends another organization's meeting?
Not by itself. In this 1989 opinion the Attorney General concluded that a quorum of the Credit Union Commission attending a meeting of the Texas Share Guaranty Credit Union board does not hold a 'meet…
Does a Texas county clerk have to report a mental incompetency ruling to the Department of Public Safety even when the order doesn't mention a driver's license?
Yes. In this 1989 opinion the Attorney General concluded that a county clerk must notify the Department of Public Safety of any finding by any court of competent jurisdiction that a person is mentally…
Can the Texas Insurance Commissioner appoint a conservator for an insurer without publishing the newspaper notice the law requires?
No. In this 1989 opinion the Attorney General concluded that section 3 of Insurance Code article 21.28-A does not give the Insurance Commissioner an 'alternative route to conservatorship' that lets th…
Can a Texas court charge court costs for a defensive driving course deferral if you never pleaded guilty?
It depends on how the deferral works. In this 1989 opinion the Attorney General concluded that when a driver requests a course, pleads guilty or no contest, and the court enters judgment before deferr…
If a Texas beach is artificially rebuilt after washing away, does the old owner get it back or does the state keep it?
The state keeps it. In this 1989 opinion the Attorney General concluded that when the state already holds title to submerged littoral (beachfront) land, raising that land back above the tide line by a…
Can a Texas seawall commission use its tax funds to build a public beach?
Generally no. In this 1989 opinion the Attorney General concluded that the Matagorda County-Palacios Seawall Commission has no authority to spend its funds to construct or create a public beach unless…
Does a Texas sheriff have to go through the county purchasing agent to set up a jail commissary contract?
No. In this 1989 opinion the Attorney General concluded that section 351.0415 of the Local Government Code lets the sheriff enter into a contract regarding the county jail commissary without consultin…
Can a Texas justice of the peace keep part of the fines he collects to pay for extra staff if the commissioners court approves?
No. In this 1989 opinion the Attorney General concluded that a commissioners court has no power to let a justice of the peace retain a portion of assessed fines to fund an additional employee. Nothing…
Does a Texas county official have to follow a grand jury's recommendation, like one about using a bank night depository?
No. In this 1989 opinion the Attorney General concluded that a grand jury recommendation about the tax assessor-collector's use of a bank's night depository is not binding on that official. A grand ju…
Does a Texas real estate agent or seller have to tell buyers that a previous occupant of the house had AIDS or HIV?
No, and in fact they cannot. In this 1989 opinion the Attorney General concluded that the federal Fair Housing Amendments Act of 1988 treats HIV as a handicap and makes it a discriminatory housing pra…
How many members of a Texas state board or council do you need for a quorum, and does it count empty seats?
A quorum is a majority of the number of members the law provides for, not a majority of the members currently appointed. For the 23-member Council on Disabilities in this 1989 opinion, that meant 12 m…
Must a Texas corporation give a discharged employee a written statement of the true reason for termination?
Not while Saint Louis Southwestern Ry. v. Griffin remained controlling. The Attorney General predicted that a modern Texas Supreme Court would uphold the service-letter statute under article I, sectio…
Could the Texas Water Commission create a municipal utility district that excluded mineral estates more than 300 feet below the surface?
No. The Attorney General concluded that chapter 54 did not let the Texas Water Commission approve an initial municipal utility district boundary that excluded mineral estates below 300 feet. A distric…
Does a Texas state agency need an asbestos license to have its own workers remove asbestos from its buildings?
Yes. In this 1989 opinion the Attorney General concluded that when a state agency removes or encapsulates asbestos from a public building, it is 'engaged in the business of removing asbestos' under ar…
Can a Texas county pay employees a merit raise retroactively, back to when the money was first budgeted?
No. In this 1989 opinion the Attorney General concluded that article III, section 53 of the Texas Constitution bars a county from making employee salary increases retroactive. Even though the commissi…
Does a Texas school board have to put an employee's name in the public meeting notice when it will hear that employee's grievance in a closed session?
Ordinarily yes. In this 1989 opinion the Attorney General advised that a school board's posted notice must fully disclose the subject of the meeting, and that it should ordinarily include the name of …
Does a Texas county have to pay for office space for the county surveyor outside the courthouse?
Only under set conditions. In this 1989 opinion the Attorney General concluded that a county must follow section 23.016 of the Natural Resources Code, which requires the commissioners court to pay ren…
Can a state financial regulator subpoena a bank's records when examining a savings and loan, or does the bank-secrecy law block that?
It can. In this 1989 opinion the Attorney General advised that the disclosure restrictions in the Texas Banking Code (article 342-705), which normally let a bank refuse to hand over a customer's recor…
Can a Texas city ban bicycles from riding on a state road or highway that runs through town?
It depends on the road. In this 1989 opinion the Attorney General advised that a Texas municipality clearly may prohibit bicycles from limited-access or controlled-access highways (like a freeway), be…
If a Texas county closes its county hospital, can it still change who qualifies for county-funded indigent health care?
Yes. In this 1989 opinion the Attorney General concluded that a county that has closed its county hospital may still use section 61.063 of the Indigent Health Care and Treatment Act to make its eligib…
If I work for a Texas state agency, does stock I got through a former job's pension plan, or a relative's business stake, create a conflict of interest?
It depends on whose interest it is. In this 1989 opinion the Attorney General advised the Department of Information Resources that stock an employee acquired in a former employer through a pension or …
Can a small Texas town pass an ordinance banning boats from dragging fishing nets in the public water inside its city limits?
Yes. In this 1989 opinion the Attorney General concluded that the Village of Tiki Island could adopt an ordinance prohibiting the towing or dragging of nets in designated public waters within its corp…
Can a county reclassify an existing county road so a rancher can put gates across it to graze livestock?
No. In this 1989 opinion the Attorney General concluded that a commissioners court has no authority to reclassify a second-class county road as a 'neighborhood road.' State law only allows a neighborh…
Can the Texas Racing Commission change the rules so a thoroughbred's 'breeder' award goes to the owner at foaling instead of at conception?
No. In this 1989 opinion the Attorney General concluded that the Texas Racing Commission has no authority to disregard or rewrite the statutory definition of 'breeder' for thoroughbreds. The Texas Rac…
Does a Texas homeowner lose the home-security insurance discount if an exterior door has glass panels, and which agency decides these rules?
No, glass panels do not automatically disqualify the door. In this 1989 opinion the Attorney General concluded that an exterior door may have glass panels and still qualify a home for the homeowners-i…
Could the Texas Racing Commission make rules allowing betting on horse or dog races shown by simulcast from another track?
No. In this 1989 opinion the Attorney General concluded that the Texas Racing Act did not authorize pari-mutuel wagering on simulcast race events (races run at one track and broadcast to another), and…
When a Texas county builds a farm-to-market road, does the state have to pay most of the cost of buying the right-of-way?
No. In this 1989 opinion the Attorney General concluded that farm-to-market roads are not 'state highways' for purposes of the statute (section 4.301(c) of article 6702-1) that requires the state to p…
When does dividing land outside city limits in Texas require the owner to file a plat?
Only when the division also lays out streets, alleys, squares, parks, or other parts for public use. In this 1989 opinion the Attorney General read Local Government Code section 232.001(a) so that sim…
Who decides whether inmates can smoke in a Texas county jail, the sheriff or the county commissioners?
The sheriff. In this 1989 opinion the Attorney General concluded that the sheriff, as the legal 'keeper of the county jail,' has discretion to make reasonable rules over how the jail runs, including w…
Can a Texas county auditor make elected officials turn in employee time sheets?
Yes. In this 1989 opinion the Attorney General concluded that a county auditor in a county with fewer than 190,000 residents may require elected officials and department heads to submit time sheets, o…
Can a Texas county choose between an industrial commission and a board of development to promote economic growth?
Yes. In this 1989 opinion the Attorney General concluded that after Senate Bill 24 removed the population limits, any Texas county may promote business and industrial development under either section …
Can a nursing student give medication to nursing home residents during clinical training in Texas?
Not without a license or permit. In this 1989 opinion the Attorney General concluded that nursing students and medication aide trainees are covered by section 242.151 of the Health and Safety Code, wh…
Can a Texas county back out of a joint city-county library contract on its own?
No, not after both sides ratified it. In this 1989 opinion the Attorney General concluded that when the City of Seguin and Guadalupe County adopted 1975 'by-law' amendments to their 1964 library servi…
Can a Texas county get back money it spent on indigent medical care if the patient later wins a lawsuit?
Not under the law as it stood. In this 1989 opinion the Attorney General concluded that a county has no authority to seek reimbursement from an indigent patient whose medical bills the county paid und…
Can Texas require a real estate agent to tell a buyer that a home's occupant had AIDS or HIV?
No. In this 1989 opinion the Attorney General concluded that the part of House Bill 976 requiring a real estate licensee to tell a potential buyer or lessee, on request, that a previous or current occ…
Are members of a Texas state agency board personally liable for mistakes made doing their official duties?
It depends who is suing. In this 1989 opinion the Attorney General concluded that members of the Texas Agricultural Finance Authority board can be held personally liable to the state for their neglige…
Can a Texas state university let an outside faculty or staff group use its campus mail system for free?
Only in limited circumstances, and only after case-by-case findings. Campus mail is public property, so under the Texas Constitution a university may let a private (non-university-sponsored) faculty o…
Can a Texas county official do business with the county they serve if they follow the conflict-of-interest disclosure rules?
Yes, within limits. In this 1989 opinion the Attorney General concluded that chapter 171 of the Local Government Code lets a commissioners court enter a contract or approve a claim in which the county…
Who prosecutes a business in Texas for refusing to let a blind person bring their guide dog inside?
The county-level prosecutor. In this 1989 opinion the Attorney General concluded that a violation of section 121.004(a) of the Human Resources Code (discriminating against a visually handicapped perso…
How many judges serve on a Texas county juvenile board, and are they all entitled to be paid for it?
All of them, even past the stated cap. In this 1989 opinion the Attorney General concluded that the Willacy County Juvenile Board consisted of six members: the county judge plus the district judges of…
Can the same person be both mayor and city manager of a Texas home rule city?
Yes, if the city charter specifically allows it. In this 1989 opinion the Attorney General concluded that a home rule city can use its charter to overcome the common-law doctrine of incompatibility, w…
When did the tougher teacher career ladder level three requirements take effect in Texas?
September 1, 1990. In this 1989 opinion the Attorney General concluded that section 7 of House Bill 2566, which raised the performance standard for a teacher to reach level three of the career ladder …
After the Texas Veterans' Land Board forfeits a veteran's land-sale contract, do property taxes and earlier tax penalties keep accruing?
Current property taxes did not accrue after forfeiture returned full legal and equitable title to the Veterans' Land Board. Penalties and interest on taxes validly imposed before forfeiture continued …
Can a Texas state agency make you pay a fine to settle a license case if no statute lets it fine you?
No. In this 1989 opinion the Attorney General concluded that the Commissioner of the Texas Department of Labor and Standards could not require an auctioneer to pay a civil penalty to the state to sett…
Can one person hold two county jobs in Texas, like deputy tax collector and court reporter, at the same time?
Yes, in this case. In this 1989 opinion the Attorney General concluded that one person could serve both as chief deputy to the Rockwall County tax assessor-collector and as the official court reporter…
Can a Texas school board borrow from its depository bank when a board member works for that bank?
Yes, but with disclosure. In this 1989 reconsideration of Opinion JM-583, the Attorney General concluded a school board may enter a loan contract with its depository bank even when a trustee is a stoc…
Can a Texas optician give a free second pair of prescription glasses with a purchase?
Yes. In this 1989 opinion the Attorney General concluded the Texas Optometry Act does not prohibit a dispensing optician or ophthalmic dispenser from giving a free second pair of prescription spectacl…
Do federal employees have to pay Texas local hotel occupancy tax when they travel for work?
Yes, they owe it. In this 1989 opinion the Attorney General concluded that a federal employee traveling on official business, whose travel costs are reimbursed on a per diem or actual-expenses basis, …
Is residential gas and electricity exempt from Texas county sales tax?
Yes. In this 1989 opinion the Attorney General concluded that residential-use gas and electricity are exempt from the county sales tax under Tax Code sections 323.206(a) and 151.317(a). One subsection…
Browse Texas opinions by topic
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.