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.
Can a Texas city spend hotel occupancy tax money on a visitor center owned by a chamber of commerce?
Probably yes, the AG advised, but it depends on the facts. A district attorney asked whether the City of Big Lake could use municipal hotel occupancy tax revenue to repair a visitor information center…
Which formula decides how Texas hands out county road grants from the SB 500 transportation fund?
It depends on the award date, the AG advised. A state representative asked which distribution formula applied to a $125 million supplemental appropriation that the Legislature put into the Transportat…
Can a for-profit company run a whole-body (willed-body) donation program in Texas?
Partly, the AG advised, and only with the Anatomical Board of Texas in the loop. The chairman of the Anatomical Board asked whether a commercial company like Science Care Corporation could run a wille…
Can a Texas county sheriff impound stray livestock in an open-range county?
Yes, the AG advised. A state representative asked, on behalf of the Presidio County Sheriff, whether the estray laws (the rules for handling stray livestock) apply in an open-range county, where lives…
Can a Texas credit services organization help a consumer get a loan that isn't a payday or car-title loan?
Yes, generally, the AG advised, though whether any particular deal is legal is a fact question. A state representative asked whether chapter 393 of the Finance Code lets a credit services organization…
When a Texas city annexes land along a county road, must it annex the whole road too?
Yes, the AG advised, even when the annexation started as a landowner petition rather than a city-driven move. A county attorney asked whether section 43.106 of the Local Government Code, which says a …
Can a justice of the peace release arrest affidavits that could identify a child sex-abuse victim?
Not without protecting the child's identity, the AG advised, though the precise reconciliation is a court's call. A criminal district attorney asked whether probable cause affidavits likely to identif…
Can a Texas city's dangerous-dog ordinance override the state 30-day rule or appeal-bond amount?
Mostly no, the AG advised, because a home-rule city ordinance cannot conflict with state law. A House committee chair asked whether several Dallas City Code dangerous-dog provisions clashed with subch…
How must a Texas county pay an attorney appointed to fill in for a recused district attorney?
By the county's fixed fee schedule, not an open-ended opt-out, the AG advised, and only an attorney appointed after the DA actually steps aside counts as a pro tem. A county auditor asked several ques…
Can a Texas jail let a contractor post a bail-bond information signboard inside the facility?
Probably yes, the AG advised, but no law requires the jail to allow it. A state representative asked whether the ban on bail bond sureties soliciting business inside a jail stops a third-party contrac…
Can a Texas sheriff pay a deputy a salary stipend out of jail commissary funds?
Possibly, and the call is the sheriff's to make in the first place, the AG advised. A district attorney asked whether the Hunt County sheriff could use county jail commissary funds (money generated by…
Can a Texas court order a defendant's rearrest without a hearing for violating pretrial bond conditions?
Likely yes, the AG advised. A district attorney asked whether a trial court could, without a hearing, sign an arrest warrant for a defendant who was released on pretrial bond conditions when credible …
Can a Texas county treasurer sell abandoned property through an online auction?
It depends on which sale, the AG advised. A county attorney asked whether a county treasurer could use an online auction site to sell unclaimed property under Chapter 76 of the Property Code, which co…
How is a Texas university professor's unused vacation pay calculated after leaving an administrative position?
On the administrative salary only, the AG advised. The president of Texas Southern University asked how to pay out accrued, unused vacation leave for a professor who had served in administrative roles…
Does the constitutional ban on excessive fines apply to Texas, and how do courts decide if a fine is excessive?
Yes, it applies, but the AG could not give a test for when a fine crosses the line. A state representative asked, after the U.S. Supreme Court's 2019 decision in Timbs v. Indiana, several questions ab…
Can a nurse anesthetist administer anesthesia in Texas without a physician delegating it?
No, the AG advised, a certified registered nurse anesthetist has no independent authority to give anesthesia without a physician's delegation. The president of the Texas Medical Board asked three ques…
Can one person serve as both city manager and police chief in a Texas home-rule city?
It depends on how the city sets it up, the AG advised. A district attorney asked, for the City of Ranger, whether one person could hold both the city manager job and the police chief job in a home-rul…
Does a Texas criminal district attorney's office have to follow the county purchasing agent's rules?
Only some of them, the AG advised. The Tarrant County Criminal District Attorney asked whether her office had to comply with purchasing procedures and rules adopted by the county purchasing agent. The…
Who controls how Texas pretrial intervention fees are spent, and can they pay staff salaries?
The commissioners court controls the spending, the AG advised, and the fees can pay staff who run the program but only for that purpose. A county auditor asked whether a prosecuting attorney could use…
Can a Texas navigation district require an easement for utility lines crossing over its land?
Likely yes, with conditions, the AG advised. The Jackson County auditor asked whether the county's navigation district could require an easement for new and existing aerial utility lines that cross ov…
Is there a time limit or dollar cap on Texas county economic development loans and grants?
No fixed statutory cap, the AG advised. A state representative asked whether the ten-year and amount limits that apply to county tax-abatement agreements also limit the loans and grants a county makes…
Does the Texas Board of Nursing have to seal criminal history in a disciplinary order it already issued?
Yes, the AG advised. The Executive Director of the Texas Board of Nursing asked what the Board must do when a court issues a nondisclosure order sealing someone's criminal history, given that the Boar…
Can a Texas state board member receive a grant from a program their own agency administers?
No, the AG advised. The Texas State Soil and Water Conservation Board asked whether a 2017 change to the state contracting law let one of its own board members receive $15,000 in financial assistance …
Does an arbitration award force a Texas state agency to pay a manufactured-home consumer claim in full?
No, the AG advised. The Manufactured Housing Division of the Texas Department of Housing and Community Affairs runs a Consumer Claims Program that pays manufactured-home buyers for actual damages caus…
Can a collection agency hired by a Texas county charge a credit card fee on court debts?
Likely yes, if it acts as the county's agent, the AG advised. A county auditor asked whether a private attorney or collection agency that contracts with a county to collect delinquent court debts (fin…
Can a Texas county spend subdivision bond money on private roads without taking them over?
Yes, the AG advised, and spending the money does not force the county to adopt the roads. A county attorney asked how a county may use the proceeds from a subdivision road-and-drainage bond, the kind …
Can Texas allow DNA testing of human remains found at a historic cemetery site?
Likely yes, the AG advised. The Texas Historical Commission asked whether it had authority to permit destructive testing of human remains for research, including taking DNA samples to help identify ge…
Is it still illegal for a Texas board to use a walking quorum after the Doyal ruling?
Yes, the AG advised: the conduct still violates the Open Meetings Act, and civil remedies still apply. In early 2019 the Texas Court of Criminal Appeals, in State v. Doyal, struck down one criminal pr…
Can TxDOT still add to the North Tarrant Express toll project after the 2017 contract deadline?
Yes, the AG advised. Two state senators asked whether the Texas Department of Transportation could still enter a new facility agreement under the North Tarrant Express Comprehensive Development Agreem…
Can a Texas city use zoning to keep gun stores away from schools or limit where they can open?
No, the AG advised. A state senator asked whether Texas cities may use zoning and similar regulations to restrict where firearm and ammunition stores can operate, citing proposals to ban such sales ne…
Can a convicted felon run for office in Texas after finishing their sentence?
Not automatically, the AG advised. A county attorney asked whether someone convicted of a felony becomes eligible to run for office in Texas just by completing their sentence and getting their voting …
Do Texas insurers have to pay out-of-network emergency room claims on time, and can they be penalized if they pay late?
Partly, the AG advised. Two state representatives asked whether both the deadlines and the penalties in the Insurance Code's prompt-pay provisions (chapter 843 for HMOs and chapter 1301 for PPOs) reac…
If a police officer follows a no-chase policy and doesn't pursue a suspect, can the officer be sued when that suspect later hurts someone?
Probably not, the AG advised. Two state representatives asked whether a 'no-chase' policy (one that tells officers to refrain from high-speed pursuit in certain situations) is unlawful and whether an …
Do Federal Protective Service officers still have arrest powers under Texas law after Congress repealed the old federal statute they were appointed under?
Yes, the AG advised. An El Paso district attorney asked whether Congress's repeal of 40 U.S.C. section 318 stripped Federal Protective Service officers of the arrest and search-and-seizure authority T…
Can a Texas groundwater district define 'agricultural crop' narrowly to charge turf growers a higher water fee?
Probably not, the AG advised. The Mid-East Texas Groundwater Conservation District defined 'agricultural crop' as 'food or fiber commodities grown for resale of commercial purposes that provide food, …
Does a Texas county have to take competitive bids before signing a contract to run its municipal airport?
Maybe not, the AG advised, but it depends on the facts and the AG would not rule on the specific contract. A Presidio County attorney asked whether the county could accept a $108,000 contract (three $…
Can a county constable enforce truck weight limits on county roads without state certification?
No, the AG advised. Liberty County asked about its constables enforcing county weight limits on county roads after the Texas Department of Transportation denied them weight-enforcement training, sayin…
Do a city attorney and city administrator have to recuse themselves from a deal that affects their own nearby property?
Not on these facts, the AG advised. The City of Conroe's city attorney and city administrator negotiated a deal under which a landowner would donate part of a defunct golf course to the city for park …
Who is the 'returning officer' that can order a special election for a vacant Texas legislative seat?
The county clerk, the AG advised, not the Secretary of State. Article III, section 13(a) of the Texas Constitution says that when a legislative seat becomes vacant and the governor does not issue a wr…
What legal standards do courts use to balance parents' rights against the government when it comes to raising their children?
The AG laid out the framework. A House committee chair asked what elements, factors, or standards courts use when weighing the State's interests against parents' fundamental rights to raise their chil…
Does a Texas county have to maintain a road and remove a locked gate if it's a 'public road'?
Only if it is a county road, the AG advised, and the AG would not resolve the underlying factual dispute. A Bosque County attorney asked whether the commissioners court had to maintain a road and remo…
Can a Texas county waive or refund property tax penalties and interest if the county caused the late payment?
It depends on whether the county actually mailed the tax bills, the AG advised. A Hood County attorney asked whether the county could give relief to taxpayers for penalties and interest on delinquent …
Can a newly appointed Texas county official keep supervising a relative who already worked there?
Yes, if the relative had already worked in the position continuously for one year before the official took office, the AG advised. A Cherokee County attorney asked whether a person appointed to fill a…
Can a Texas county give money to a school district or hospital district?
Only if the spending serves a genuine county purpose and meets the constitution's public-funds test, the AG advised. A Midland County attorney asked whether the county could pay a school district for …
Can a Texas community college district get federal surplus land for a park or recreation use?
Yes, no state law forbids it, the AG advised, as long as the use serves a public purpose of the district. State Senator Eddie Lucio, Jr. asked whether the Texas Southmost College District's board of t…
Can a Texas county pay travel, tuition, and dues for a contractor who isn't a county employee?
Travel expenses, yes if the worker was acting as a county agent on authorized county business; the other costs are harder, the AG advised. After Hurricane Harvey, Newton County contracted through Work…
Are payments a Texas county gets from hosting a waste disposal facility public funds it must oversee?
Yes, they are public funds, and the county cannot hand them off without keeping oversight, the AG advised. Andrews County receives five percent of the gross receipts from a compact (low-level radioact…
Does a Texas county clerk have to record a printed-out copy of an electronically signed document?
It depends entirely on which statute governs the document, the AG advised. The Guadalupe County Clerk's office does not accept electronic recording, and filers used to e-recording elsewhere were tryin…
Can a funeral home decide burial or cremation from what someone bought in a prepaid funeral plan?
No, the AG advised. The Texas Banking Commissioner asked whether a funeral provider may infer a decedent's preferred method of disposition — burial, cremation, or another option — from the contents of…
When does a Texas home-rule city treat a council member as absent, and when must a member abstain from a vote?
The AG advised that both questions depend on facts and charter language it cannot resolve in an opinion, but gave the governing principles. On the absence question, the AG concluded that without a req…
Can a Texas county spend its chapter 324 health-services sales tax on mosquito control, animal services, or emergency management?
It depends on the specific expense, the AG advised. Chapter 324 of the Tax Code lets certain counties impose a sales and use tax, but section 324.081 says the revenue 'may be used only to provide heal…
How should the Texas General Land Office report the Permanent School Fund as nonspendable in its annual financial statements?
The AG advised that the Permanent School Fund is nonspendable except for the specific distributions and payments the Texas Constitution authorizes, and it should be classified that way. Article VII, s…
Can the same person be a Texas county judge and a school board trustee at the same time?
No, the AG concluded, at least where the county and the school district cover the same ground. The Webb County Attorney asked about a person who, while serving as a Jim Hogg County Independent School …
Can a Texas state legislator also work as the paid president of a municipal management district?
It depends on whether the legislator is an employee or an independent contractor, the AG advised, confirming an earlier opinion (GA-0386). Article XVI, section 40(d) of the Texas Constitution says no …
Can a Texas legislator be paid by a city or county to represent it before a state agency?
Generally yes as a contractor, but not as the local government's employee, the AG advised. No statute specifically stops a legislator from accepting compensation to represent a unit of local governmen…
Can a Texas school district refuse to do business with vendors that work with charter schools?
Likely not, the AG advised. A state senator was concerned that some school districts might be requiring vendors to agree not to work with Texas charter schools as a condition of contracting. Section 4…
Who can remove the Children of the Confederacy plaque in the Texas Capitol, and how?
Three bodies share that authority, the AG advised: the Legislature, the State Preservation Board, and the Texas Historical Commission. A House committee chair asked who may remove or relocate the Chil…
Can a city waterworks system employee serve on the municipal housing authority board?
Probably yes, on the facts presented, the AG advised. A district attorney asked whether an employee of the Eagle Pass Water Works System counts as a 'municipal employee' who, under Local Government Co…
Is an RV park guest in Texas a tenant or a licensee for eviction purposes?
It depends on the agreement, the AG advised; there is no one-size-fits-all rule. A state senator asked whether guests at recreational vehicle parks are licensees or tenants for eviction purposes. The …
Can a Texas city charge fines under a limited annexation near a military base, and was San Antonio's annexation ballot valid?
Yes to the fines, and yes the ballot wording was likely valid, the AG advised, but San Antonio's plan to count blank or double-marked ballots as votes for Option 2 was not. A state senator asked three…
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.