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 county commissioners court fire a member of the county hospital district board and just replace them?
No, not at will. In this 1989 opinion the Attorney General concluded that members of the board of managers of a county hospital district created under article 4494n are public officers who serve a…
Can a Texas state agency pay the professional license fees or occupation taxes for accountants, engineers, and other licensed employees on its staff?
Yes, if the payment is tied to the agency's work. In this 1989 opinion the Attorney General concluded that article III, section 51 of the Texas Constitution (which bars grants of public money to…
Is a Texas county liable under the state's high-voltage power line safety law if a county crew contacts an overhead line?
No, not under that particular statute. In this 1989 opinion the Attorney General concluded that a county is not a 'person, firm, corporation, or association' within the meaning of V.T.C.S. article…
Can the Texas Legislature attach conditions when it lets someone sue the state, and how does it have to do it?
Yes, the Legislature can attach conditions, and the how depends on what it is waiving. In this 1989 opinion the Attorney General explained that Texas has two separate shields: immunity from suit…
Can a lawyer who sits on a county appraisal district board also be hired to collect that area's delinquent property taxes?
Yes. In this 1989 opinion the Attorney General concluded that an attorney who contracts to collect delinquent taxes for a taxing unit is an independent contractor, not an 'employee,' so he is not…
How are jurors picked and summoned for a Texas justice of the peace court, and can it be done by mail or phone?
In this 1989 opinion the Attorney General laid out the rules. Jurors for a Texas justice of the peace (JP) court are summoned by the sheriff or constable, following the guidelines in the oath the…
Can a Texas government board meet with its staff to get a briefing without posting an open-meetings notice?
Yes, within limits. In this 1989 opinion the Attorney General concluded that a conference where a quorum of a governmental body meets with its employees for the sole purpose of receiving information…
In Texas, who controls bail bonds in a county, the sheriff or the county bail bond board, and how far does the board's power reach?
In this 1989 opinion the Attorney General sorted out the roles. The county bail bond board makes the rules and licenses bondsmen, but its authority is limited to the powers the bail bond statute…
Can a Texas county treasurer charge the county judge a copy fee for records the judge needs to build the county budget?
No. In this 1989 opinion the Attorney General concluded that a county treasurer may not charge the county judge for copies of records the judge needs to prepare the county budget. The law lets the…
If a Texas county tax office comes up short and it was not the tax collector's fault, how does the collector avoid having to pay it back?
In this 1989 opinion the Attorney General held that there is exactly one way, and it runs through a courtroom. Under section 6.275 of the Tax Code, a county tax assessor-collector is cleared of…
In a Texas county, does the sheriff or the commissioners court decide where the justice of the peace office is located?
The commissioners court decides. In this 1989 opinion the Attorney General concluded that the location of a justice of the peace's quarters, where the JP conducts trials and the business of the…
Can a Texas 9-1-1 emergency communication district raise its service fee above the rate stated on its ballot without holding another election?
Not safely. In this 1989 opinion the Attorney General concluded that because the Denton County district's 1987 confirmation ballot promised a fee 'not to exceed three percent' of the base rate, an…
In a Texas county that lies inside a hospital district, who has to provide health care for the poor, the district or the county?
The hospital district. In this 1989 opinion the Attorney General concluded that when a hospital district is created under article IX, section 9 of the Texas Constitution, the duty to provide medical…
Can a Texas school district use its own local money to fully fund teacher career ladder pay when the state allotment falls short?
Yes. In this 1989 opinion the Attorney General concluded that when the state career-ladder allotment under Education Code section 16.158 is not enough to fully fund the teacher supplements set by…
Is a Texas judge a 'peace officer' who can carry a handgun under the peace-officer exemption?
No. In this 1989 opinion the Attorney General reaffirmed its earlier conclusion (in JM-1028) that a judge or magistrate is not a 'peace officer' for purposes of Penal Code section 46.03, the…
Is Texas Permanent School Fund land still exempt from property tax when it is leased to a private business?
Yes, the land stays exempt. In this 1989 opinion the Attorney General concluded that the state's interest in real property that is part of the Permanent School Fund is exempt from ad valorem…
Can a Texas agency use Open Records Act exceptions to withhold records from discovery in its own administrative hearing?
No. In this 1989 opinion the Attorney General concluded that the Texas Open Records Act does not create privileges from civil discovery. The Act governs the general public's right of access to…
Can a Texas justice of the peace also work as a jailer for the county sheriff?
No. In this 1989 opinion the Attorney General concluded that the common-law doctrine of incompatibility prevents one person from serving as both a justice of the peace and a jailer in the same…
Can a Texas sheriff or constable charge a fee for trying but failing to serve civil process?
Only if the county's commissioners court has set one. In this 1989 opinion the Attorney General concluded that under section 118.131 of the Local Government Code, a commissioners court may set…
Can a Texas judge order the county to pay for a child's court-ordered psychological evaluation when the parents can't afford it?
Yes, if the parents are found indigent. In this 1989 opinion the Attorney General concluded that a family law district judge may order a county to pay, out of its general fund, the cost of…
Can a Texas county change the spot at the courthouse where foreclosure sales are held?
Yes for a permanent change, no for a standing backup. In this 1989 opinion the Attorney General concluded that under section 51.002(a) of the Property Code a commissioners court may formally change…
Can a Texas county lease out county-owned land with a renewal option, and can it skip competitive bidding?
It can add a reasonable renewal option, but it cannot skip the public auction. In this 1989 opinion the Attorney General concluded that section 263.001 of the Local Government Code lets a…
Can a corporation owned by non-doctors get a Texas permit to dispense methadone or other synthetic narcotics if it hires physicians?
No. In this 1989 opinion the Attorney General concluded that the Texas Department of Health could not issue a permit to prescribe and administer synthetic narcotic drugs to drug-dependent persons,…
Who pays for a sexual assault victim's forensic medical exam in Texas, and can the victim be billed?
Under the 1989 opinion, an investigating agency that requested a sexual-assault victim's medical exam for an investigation or prosecution had to pay all its costs; the victim could not be charged…
Can Texas regulate bingo run by an Indian tribe on tribal land under the state Bingo Enabling Act?
No. In this 1989 opinion the Attorney General concluded that the 1988 federal Indian Gaming Regulatory Act put class II gaming, which includes bingo, on Indian lands under tribal and federal (not…
When a Texas water control district dissolves, can the county take over its dams and keep the leftover tax money?
Yes, by contract. In this 1989 opinion the Attorney General concluded that Brazos County could contract with a water control and improvement district that was dissolving to continue carrying out the…
Does a Texas city have to take competitive bids to hire a third party administrator for its insurance plan?
It depends on what the administrator actually does. In this 1989 opinion the Attorney General concluded that whether a third party administrator's (TPA's) services are exempt 'professional services'…
When can a Texas city council hold a two-hour-notice emergency meeting instead of giving the full 72 hours?
Only for a real, stated emergency, which this was not. In this 1989 opinion the Attorney General concluded that the Alvin City Council's emergency meeting (posted with only two hours' notice) to…
Can Texas restrict justice-court venue in larger counties and penalize a justice of the peace for trying an out-of-precinct case?
Probably yes. The Attorney General found a rational basis for the population-based venue rule and its penalty, but said a justice does not violate the rule merely by accepting a case at filing; the…
Does a Texas state agency have to pay a city's sewer 'capital recovery fee,' or is state property exempt as public property?
The state agency has to pay. In this 1989 opinion the Attorney General concluded that the city of Houston could assess a capital recovery fee against Texas A&M University for using the city's waste…
Can a county attorney or the commissioners court move 'hot check' fee money over to the district attorney's office?
No. In this 1989 opinion the Attorney General concluded that money in a county attorney's 'hot check' fund (the fees collected under article 102.007 of the Code of Criminal Procedure) can be spent…
Can a county's bank depository pledge Fannie Mae mortgage pass-through certificates as collateral for county deposits?
Yes. In this 1989 opinion the Attorney General concluded that Fannie Mae Guaranteed Mortgage Pass-Through Certificates may be pledged by Dallas County's bank depository as security for county fund…
Can an out-of-state trust company get Texas customers by having a related brokerage firm's agents hand out its account forms?
No, not through that kind of setup. In this 1989 opinion the Attorney General concluded that an out-of-state (Missouri) trust company would violate article 105A(c) of the Texas Probate Code if it…
Can a Texas state agency refuse to sign service contracts with its own former employees or their spouses?
Yes, within reason. In this 1989 opinion the Attorney General concluded that the Texas Department of Mental Health and Mental Retardation could adopt reasonable rules prohibiting its facilities from…
Can a Texas agency advance 'start-up costs' to a private company hired to provide public services?
Yes, with strings attached. In this 1989 opinion the Attorney General concluded that the Texas Department of Mental Health and Mental Retardation and local community centers could pay start-up costs…
Does an abstract of judgment used to create a Texas property lien need the court clerk's attestation under section 12.013?
No. In this 1989 opinion the Attorney General concluded that the attestation requirement of section 12.013 of the Property Code (that a judgment be attested under the signature and seal of the court…
In Texas, is a judge or a justice of the peace a 'peace officer,' and can a judge carry a handgun on that basis?
No. In this 1989 opinion the Attorney General concluded that a Texas judge or magistrate (including a justice of the peace) is not a 'peace officer' under Chapter 415 of the Government Code, the…
Can a Texas county buy road materials from a single 'sole source' supplier without competitive bids under the court/engineer road system?
No. In this 1989 opinion the Attorney General concluded that under the court/engineer road system (article 6702-1, section 3.211), a county road-material purchase over $5,000 must be made on…
Can a Texas county use the interest earned on its bond money to add to the principal and pay for more construction on the same project?
Yes, in most cases. In this 1989 opinion the Attorney General concluded that under the common-law rule, interest earned on invested bond proceeds is an accretion that becomes part of the principal…
Can a Texas county, city, or school district hire a private company to handle all of its property tax assessment and collection?
No, not all of it. In this 1989 opinion the Attorney General concluded that the Property Tax Code requires a natural person to serve as tax assessor-collector for the taxing units subject to it, so…
In Texas, can a county commissioners court create a single-county underground water conservation district, or only the state water agency?
Only the state agency. In this 1989 opinion the Attorney General concluded that the Texas Water Commission is the only governmental body with jurisdiction to create an underground water conservation…
Can one person in Texas hold multiple bail bond licenses by running several bail bond companies under different names?
No. In this 1989 opinion the Attorney General concluded that article 2372p-3 (the bail bond act) does not authorize a county bail bond board to grant more than one bail bond license to any person.…
Can a Texas county levy a special tax dedicated to funding its county historical commission?
No, not a dedicated tax. In this 1989 opinion the Attorney General concluded that, without specific statutory authority, a county commissioners court cannot levy a special tax whose revenues are…
Can a Texas county deny indigent health care to someone who does not have a Social Security number?
No. In this 1989 opinion the Attorney General concluded that a county may not deny assistance under the Indigent Health Care and Treatment Act just because an applicant does not have a social…
Does a Texas county employee who calculates the county tax rate have to be certified as a tax professional?
It depends. In this 1989 opinion the Attorney General concluded that computing a county's effective tax rate under section 26.04 of the Tax Code is an 'assessment' function under the Property…
Can a Texas county pay its commissioners different salaries, and can a commissioner give part of his salary back to the county?
In this 1989 opinion the Attorney General concluded that a commissioners court may pay commissioners of different precincts different salaries if unusual circumstances reasonably require it and each…
Can the Texas Legislature use a budget rider to move a state agency's duties to another agency, and can that agency's staff work without pay?
In this 1989 opinion the Attorney General concluded that a rider in the General Appropriations Act cannot transfer the functions of the State Rural Medical Education Board (a board created by the…
Can Texas require a chiropractor to have practiced for a minimum amount of time in another state before granting a reciprocity license?
In this 1989 opinion the Attorney General concluded that the Texas Board of Chiropractic Examiners has no authority to adopt a rule requiring a minimum amount of prior practice in another state as a…
Does Texas sales tax apply to independent insurance claims investigation and adjustment services, and does it matter who hires the firm?
In this 1989 opinion the Attorney General concluded that independent insurance claims investigation and adjustment services are taxable 'insurance services' under section 151.0039 of the Tax Code.…
Can Texas have the county or district attorney, or an outside lawyer, instead of the tax assessor-collector, handle lawsuits to collect delinquent property taxes?
In this 1989 opinion the Attorney General concluded that section 6.30 of the Tax Code does not violate article VIII, section 14 of the Texas Constitution. That section lets the county or district…
Who can sign a protest against a proposed zoning change in Texas, and does their property have to touch the rezoned area?
In this 1989 opinion the Attorney General concluded that under section 211.006(d) of the Local Government Code, any owner of property within 200 feet of the area covered by a proposed zoning change…
Are a Texas governor's office records public records, and can a governor take them when leaving office?
In this 1989 opinion the Attorney General concluded that records the governor's office creates or receives in carrying out its statutory duties are 'public records' under the Government Code and the…
Can a Texas county bail bond board stop bail bond companies from hiring people with felony convictions?
In this 1989 opinion the Attorney General concluded that a county bail bond board cannot prohibit a licensed bail bondsman from employing people (who are not authorized to execute bonds) just…
When a Texas city withdrew from a metropolitan transit authority, did its share of the authority's unencumbered liquid assets reduce what it still owed?
Yes. The Attorney General concluded that Westlake Hills was entitled to a proportional credit for specified unencumbered liquid assets against taxes later collected for Capital Metro. The city…
Can a Texas commissioners court put a lower tax cap than the state maximum on the ballot for an emergency services district?
In this 1989 opinion the Attorney General concluded that a commissioners court cannot ask voters to approve an emergency services district with a maximum tax rate lower than the statutory 10 cents…
In Texas, who pays to house someone in the county jail for a city traffic ticket, the city or the county?
In this 1989 opinion the Attorney General concluded that the earlier rule making a city pay to maintain prisoners jailed for violating city ordinances (Opinion MW-52) does not apply when the traffic…
Does a Texas state agency's property appraiser have to register with the same board that licenses local appraisal-district appraisers?
In this 1989 opinion the Attorney General concluded that field appraisers employed by the State Property Tax Board, who conducted the annual property-value and ratio studies used to check appraisal…
Can a Texas county salary grievance committee meet without the county judge, and can it vote behind closed doors?
In this 1989 opinion the Attorney General concluded that a county salary grievance committee's action is not invalid just because a county commissioner, rather than the absent county judge, presided…
Can a Texas county judge sit on the board of directors of a company that does business with the county?
In this 1989 opinion the Attorney General concluded that public policy prohibits a county judge from simultaneously serving on the board of directors of a corporation that does business with the…
If a Texas river authority official gets sued, does the state Attorney General provide the defense?
In this 1989 opinion the Attorney General concluded that a river authority (here the Angelina & Neches River Authority) is not a 'state agency, institution, or department' under section 104.001 of…
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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.