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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When does a newly elected justice of the peace actually take office if the seat had been filled by appointment?
It depends on the term. JM-579 concluded that a justice of the peace elected to a new term takes office on the following January 1, but one elected to finish an unexpired term may qualify and take off…
If a member of a state advisory council stops meeting the qualifications, are they automatically removed from the board?
No. JM-578 concluded that a member of the Texas Planning Council for Developmental Disabilities who fails the federal membership qualifications is not automatically forced to resign, and cannot cure t…
Can a Texas county set later bar hours on some nights but not others?
No. JM-577 concluded that a county under 300,000 people has only two choices for mixed-beverage hours in its unincorporated areas: keep the standard hours or adopt the full extended late hours. It can…
Does a Texas housing authority have to hold a public hearing before buying existing buildings for low-income housing?
No. JM-576 concluded that the public hearing requirement in section 13a of the Housing Authorities Law applies only before a housing authority authorizes the construction of a project. Buying existing…
Are the 'local funds' a Texas university keeps outside the state treasury public records, and can the legislature appropriate them?
Generally yes on both. JM-575 concluded that records of local funds held by state colleges and universities fall under the Open Records Act, subject to case-by-case exceptions, and that local funds, g…
Can photocopied signatures from an earlier petition count toward a tax rollback election petition in Texas?
No. JM-574 concluded that a tax rollback petition under section 26.07 of the Tax Code must be signed with actual signatures. A petition that relied in part on photocopies of signatures from an earlier…
Can a Texas municipal housing authority buy supplies through a federal HUD program instead of taking competitive bids?
No. JM-573 concluded that Texas housing authorities, as divisions of cities, must follow the state competitive bidding statutes. Buying through HUD's Consolidated Supply Program does not satisfy those…
Can Texas Parks and Wildlife enforce boating safety laws on a private lake that a city leases and runs as a public park?
Yes. JM-572 concluded that a lake on private land leased to a city and used as a public municipal park is 'public water' under the Water Safety Act. While the lease and park use continue, the lake is …
Do city-owned electric utilities in Texas have to file the ten-year load forecast required by the Public Utility Regulatory Act?
Yes. JM-571 concluded that section 16(c) of PURA, which requires every 'generating electric utility' to file a ten-year forecast of load and resources, applies to municipally-owned utilities even thou…
Can a Texas city invest its public funds in a money market mutual fund that holds only U.S. government securities?
No, not under the statutes then in force. JM-570 concluded that the laws letting cities invest in 'direct debt securities' or 'obligations' of the United States did not authorize the city of Arlington…
Can a Texas county or city give one company an exclusive lease at a public airport that received state or federal funds?
Generally not if it locks out competition. JM-569 concluded that counties and cities can lease airport property to a private tenant, but where federal funds have been spent on the airport, 49 U.S.C. s…
Do a Texas county's road bonds and a county road district's bonds count against the same debt limit?
Yes. JM-568 concluded that article III, section 52 of the Texas Constitution sets a single ceiling, one-fourth of the assessed value of the real property, that both county road bonds under subsection …
Does the farm-commodity exemption for loading trucks also let a farmer drive an overweight truck on Texas highways?
No. JM-567 concluded that the exemption in section 5(b) of article 6701d-11 for agricultural or forestry commodities applies only to the separate offense of loading a truck with intent to exceed the w…
Does interest earned on bingo, bank franchise, and mixed beverage taxes go back to the cities and counties the taxes were collected for?
No. JM-566 concluded that the interest the state earns while holding bingo tax, bank franchise tax, and mixed beverage tax money belongs in the state's General Revenue Fund, not the local jurisdiction…
Can a Texas city annex a municipal utility district without taking on the district's debts and assets?
Sometimes, yes. JM-565 concluded that because Lago Vista was newly incorporated over part of the Travis County MUD No. 1 and never adopted the optional ordinance under section 6 of article 1182c-1, th…
Can Texas require proof of local need before certifying a new DWI education program?
No. JM-564 concluded that the DWI Certification Committee has no authority under article 42.12, section 6d of the Code of Criminal Procedure to require proof of local need, or letters of support from …
Can a Texas university's campus police arrest someone for a traffic violation off campus or on a public street next to campus?
Generally no. JM-563 concluded that Tarleton State University campus peace officers have limited territorial jurisdiction under Education Code section 51.203. They cannot make arrests as peace officer…
Can a Texas home rule city enforce its energy conservation code on customers outside city limits that it supplies with electricity?
Only partly. JM-562 concluded that under article 1108, a home rule city that runs its own electric utility has implied authority to enact and enforce reasonable regulations protecting its electrical d…
Does the Texas insurance regulator have to act when a workers' compensation insurer fails to provide required workplace accident-prevention services?
Yes, on the licensing side. JM-561 concluded that section (c) of article 5.76-1 is mandatory: if the State Board of Insurance determines, after a hearing, that an insurer is not maintaining or providi…
Can a state Medicaid program buy prescription drugs directly and give them to recipients without violating federal antitrust law?
Yes, in the AG's view. JM-560 concluded that a proposed Texas Medicaid Vendor Drug Program change, under which the state would contract with distributors to supply drugs for free distribution to Medic…
When a trust document does not say how to handle oil and gas royalty income, how are the royalty proceeds divided between principal and income?
By the statutory formula. JM-559 concluded that when a trust instrument does not specify how to allocate proceeds from producing mineral interests, section 113.107 of the Texas Trust Code controls. Th…
Can a Texas justice of the peace who lost an election retire before his term ends, and who runs the office until a replacement takes over?
He can retire, but he cannot walk away from the office. JM-558 concluded that a Webb County justice of the peace is a member of the Texas County and District Retirement System and may retire when he m…
How much can a collection agency charge someone who wrote a bad check, on top of the amount of the check?
Not much beyond a flat fee. JM-557 concluded that under article 9022, a collection agent for the holder of a dishonored check can collect the face amount of the check plus a reasonable processing fee …
Can a state agency deny an employee a merit raise because she was out on an approved workers' compensation claim?
No, not on that basis alone. JM-556 concluded that under the 1983 General Appropriations Act, a state employee counts as 'employed by the agency for at least six months' if she was hired at least six …
Can Texas regulate out-of-state mail-order pharmacies that ship prescriptions to Texas residents, and does that violate the Commerce Clause?
Partly, and no. JM-555 concluded that the Texas State Board of Pharmacy cannot license pharmacies physically located outside Texas, because it cannot inspect out-of-state facilities. But under section…
Does a doctor owe federal income tax when a Texas student loan is forgiven for practicing medicine in a rural area?
No. JM-554 concluded that the loan credits given by the State Rural Medical Education Board under article 4498c are not taxable income under section 108(f) of the federal Internal Revenue Code, as ame…
Does a Texas mayor or justice of the peace automatically give up his office by running for a different elected office?
It depends on the term length. JM-553 concluded that under article XVI, section 65, a justice of the peace who announces a run for city council when more than a year is left on his JP term automatical…
When a county and city jointly run a hospital, who pays for indigent residents' health care?
Both of them. JM-552 concluded that under the Indigent Health Care and Treatment Act, funding indigent health care at a hospital operated by a joint county-city hospital board is a joint responsibilit…
Can a Texas state university spend state-appropriated funds on land it holds in trust?
Yes, within limits. JM-551 concluded that a state university serving as trustee of a testamentary trust may spend appropriated funds to build permanent improvements on and operate the trust property, …
When property seized in a drug case is sold, where does the money go and are lienholders protected?
It depends who the property was forfeited to, and lienholders come first. JM-550 concluded that under article 4476-15, section 5.08, if a court forfeits property to the state, the sale proceeds go to …
Does interest earned on the Texas Crime Victims Compensation Fund stay in that fund or go to the state's general revenue?
It goes to general revenue. JM-549 concluded that the Compensation to Victims of Crime Fund is a statutory fund, not a constitutionally dedicated fund and not a trust fund. Under article 4393-1, secti…
Can Texas make a corrections officer work a full year before getting hazardous duty pay?
Yes. JM-548 concluded that under article 6252-20b, V.T.C.S., the Texas Department of Corrections may require its employees to complete one full year of employment before they become eligible for hazar…
Can a Texas state agency buy insurance on mail or freight it ships?
Yes, without any special statute. JM-547 concluded that although state agencies generally need specific statutory authority to buy property or liability insurance, buying postal or freight insurance t…
Can Texas impound a foreign driver's car after a crash without a hearing?
No. JM-546 concluded that section 4A of the Motor Vehicle Safety Responsibility Law (article 6701h), which let the state impound the car of a driver not domiciled in the United States who could not sh…
What must a Texas county do with interest earned on unspent road bond money?
It has to go toward paying off the bonds. JM-545 concluded that any interest a county earns by investing unspent road bond proceeds must be deposited in the interest and sinking fund and used to help …
Can one water district annex land the legislature set aside for a new district not yet created?
Often yes. JM-544 concluded that territory the legislature designated for a proposed new water district can be annexed by another water district before the new district holds its confirmation election…
Can a Texas state university offer employees a section 125 cafeteria benefits plan?
Yes. JM-543 concluded that the University System of South Texas has authority under article 3.50-3 of the Insurance Code to set up an employee benefit plan letting employees purchase optional group-te…
Is the Public Utility Commission's executive director in charge of running the agency?
Not automatically. JM-542 concluded that the Public Utilities Regulatory Act does not require the PUC's executive director to be the chief administrative employee of the commission. The commissioners …
Can one county annex a school district that sits partly in another county without that county's consent?
No. JM-541 concluded that section 19.021 of the Texas Education Code does not let one county's commissioners court annex a county-line school district in a way that affects territory in another county…
Does a county hospital district pay for a resident's emergency care at an out-of-county hospital?
Yes. JM-540 concluded that a hospital district created under article IX, section 9 of the Texas Constitution must pay for emergency medical care given to an indigent resident of the district even when…
Does a Texas police officer who uses deadly force have to give the injured person medical aid?
Yes. JM-538 concluded that a peace officer who uses deadly force and critically injures someone has a duty, under the federal civil rights statute (42 U.S.C. section 1983), to provide or secure medica…
How are court-appointed attorney fees and investigation costs set when defending a Texas prison inmate charged with a crime committed in custody?
They are set within the limits of Code of Criminal Procedure article 26.05. JM-537 concluded that under article 26.055, which handles the cost of defending Department of Corrections prisoners who comm…
Can a Texas county tax office keep a 'tax clearance' account to cover taxpayers who underpay their property taxes with other taxpayers' overpayments?
No. JM-536 concluded that a county tax assessor-collector cannot set up a 'tax clearance' account that pools excess property tax payments and then draws on them to make up other taxpayers' shortfalls.…
Can the Texas Legislature let just one city charge extra court costs on municipal court convictions?
No. JM-535 concluded that article III, section 56 of the Texas Constitution, which bars local or special laws regulating the affairs of cities, prevents the Legislature from passing a law that gives a…
Does interest earned on local sales taxes the Texas Comptroller collects belong to the cities and counties?
Yes, the interest belongs to the local taxing units. JM-539 concluded that local sales and use taxes (and mass-transit and regional-transportation authority taxes) the Comptroller collects on behalf o…
Can a Texas county exempt certain kinds of land divisions from its subdivision platting rules?
A county can loosen its own local standards but not the state platting requirement. JM-534 concluded that a commissioners court may amend or change the minimum street, drainage, and bonding requiremen…
Can a Texas county clerk let the public run credit accounts to pay filing fees instead of paying cash?
Generally no. JM-533 concluded that county officers cannot deliver county services on credit unless the constitution specifically allows it, because the Texas Constitution's bans on lending public cre…
Does a licensed Texas care institution have a legal duty to feed its residents a minimum diet?
Yes. JM-532 concluded that an institution licensed under article 4442c has a statutory duty, created by that statute and the rules adopted under it, to meet minimum diet standards for its residents. T…
Can a Texas school board lease district property for 50 years, and what happens if the lease is later assigned to a board member?
It depends on the facts, but the AG gave clear rules. JM-531 concluded that a school board has authority to lease district property as long as the lease does not impinge on the board's ability to run …
Can a Texas county spend leftover road-bond money or an unused workers' compensation reserve to build a jail?
It depends on the source of the money. JM-530 concluded that Anderson County could not spend surplus left over from a road bond issue on a new jail, because road bonds under article 752a are tied to a…
Does the Texas Proprietary School Act cover a business that teaches classes, like a computer store or a hobby school?
It depends on whether the business primarily offers vocational training. JM-529 concluded that a school teaching mainly vocational courses is a regulated 'proprietary school' even if some of its cours…
If voters roll back a Texas county's property tax rate, does that also cut the part of the increase that pays for indigent health care?
No. JM-528 concluded that when a taxing unit raises its tax rate to cover the indigent health care it is required to provide under the Indigent Health Care and Treatment Act, and voters then pass a ro…
Can the mayor of a small Texas village veto an ordinance passed by the board of aldermen?
Not in a chapter 11 village that has not adopted the broader general-law provisions. JM-527 concluded that the mayor of a village organized under chapter 11 of Title 28 cannot use article 997, the sta…
Which Texas judges can defer a Class C misdemeanor fine, and does that deferral apply to speeding tickets?
JM-526 construed article 45.54 of the Code of Criminal Procedure, which lets a 'justice' suspend a fine-only misdemeanor and dismiss the complaint if the defendant complies with conditions. The AG con…
Is a conservator or liquidating agent the state appoints over a failed savings and loan a state employee?
Yes. JM-525 concluded that conservators, supervisors, and liquidating agents the Savings and Loan Commissioner appoints under chapter 8 of article 852a are state employees for purposes of sections 104…
Does a joint city-county health district have to buy its supplies through the county purchasing agent?
No. JM-524 concluded that the Galveston County Health District, created by a county and city under article 4436b (the Local Public Health Reorganization Act), is an independent political subdivision w…
Can a Texas home-rule city charge the state a capital recovery or impact fee on a state construction project?
Partly. JM-523 concluded that without express constitutional or legislative authorization, a home-rule city like Austin cannot levy a special assessment against state property used solely for public p…
Can a Texas county bar its employees from running for partisan political office?
Partly. JM-521 concluded that a commissioners court has implied authority, as part of its power to hire employees and set reasonable working conditions, to prohibit the county employees it hires from …
Did making paint and glue sniffing a jailable misdemeanor also turn it into delinquent conduct in Texas juvenile court?
No. JM-520 concluded that paint or glue sniffing remained 'conduct indicating a need for supervision' under the Texas Family Code, even after the criminal penalty rose to a Class B misdemeanor. The sp…
Could one person serve at the same time as a Texas constable and a school board trustee?
JM-519 said yes in 1986: neither the two-office compensation ban, separation of powers, nor common-law incompatibility barred the combination. The official Texas AG page now marks JM-519 overruled to …
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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.