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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Could the Tarrant County Bail Bond Board cap the number of bail bond licenses issued in the county?
No. JM-206 concluded that article 2372p-3 required licenses for qualified applicants and did not authorize the board to set a numerical ceiling. The board could administer statutory qualifications but…
Were Windham prison-school employees Texas state employees entitled to state workers' compensation, group insurance, and appropriations-act benefits?
Yes. JM-205 treated Windham employees as state employees entitled to state workers' compensation, uniform group insurance, and applicable appropriations riders. It also said the Board of Corrections g…
Did temporary and part-time Texas Employment Commission workers earn vacation, sick leave, holiday benefits, and back pay?
Yes. JM-204 concluded that hourly, temporary, and part-time commission workers were state employees entitled to the same leave and holiday benefits as similarly situated state workers, including speci…
Could Texas school trustees, college regents, teachers, and education employees serve on the transitional State Board of Education?
JM-203 said school trustees, junior college trustees, certain college regents, and employees directly subordinate or accountable to the State Board were barred by common-law incompatibility. Most list…
Did Texas restore voting rights five years after a felony discharge issued by the prison system, federal authorities, or another state?
Yes. JM-202 read House Bill 718 to restore voting rights on the fifth anniversary of discharge by the Texas Department of Corrections or a federal or sister-state prison or parole board, just as for d…
Could Pasadena appoint commissioners to the Port of Houston Authority after its population exceeded 100,000?
No. JM-201 concluded that the statutory city appointment power belonged to Houston, the qualifying municipality when the navigation district was created, and did not shift or expand when Pasadena late…
When could a Texas county use county equipment to maintain roads inside a rural subdivision?
JM-200 said a county could maintain a rural-subdivision road only after it became public through commissioners-court establishment, prescription, or dedication and county acceptance. Filing a plat tha…
Did a Texas water district have to retain 10 percent from construction payments and place the money in an interest-bearing account?
Yes. JM-199 said Water Code section 51.146 required 10 percent retainage until the statutory release point, while article 6252-5b required the retained money to earn interest for the contractor. A sep…
Could Victoria County separately hire and pay its criminal district attorney for private legal work in condemnation proceedings?
Yes, for the administrative condemnation work described in JM-198. The opinion said that work was outside the prosecutor's statutory court-representation duty, so the county could contract with him pr…
Did Texas's state-officer indemnity statute cover county attorneys who prosecuted felonies?
No. JM-197 concluded that county attorneys with felony-prosecution duties were not officers or employees of a state agency, institution, or department under article 6252-26. The opinion treated the se…
Could a Texas recreational fishing club fillet coastal fish at its spoil-island camp before boating the catch back to the mainland?
No. JM-196 concluded that a spoil island was not a final destination under Parks and Wildlife Code section 66.216(a), so the club could not possess filleted fish there. Its separate retail fish dealer…
Did Texas's nepotism law apply when interim State Board of Education members received only expense reimbursement?
No. JM-195 concluded that statutory reimbursement for board-related expenses was not salary, fees, or compensation under article 5996a. Because the interim board members received no compensation, the …
Who controlled filing, dismissal, impartiality, and transfer decisions in a Texas felony-probation revocation case?
JM-194 said the prosecutor independently decided whether to file a revocation motion, while the judge could dismiss without a hearing and transfer the case as article 42.12 allowed. Ex parte fact disc…
Could a Texas commissioners court create reasonable sheriff and constable service fees that did not exist before September 1, 1981?
JM-193 originally said yes, but JM-880 later overruled that answer for fees to execute criminal warrants. The later opinion left the fee-setting statute's application to civil matters unaffected.
Did Texas county employee salary warrants need commissioners-court approval and prior county-auditor approval?
JM-192 said each county salary warrant required commissioners-court approval before issuance. The county auditor did not have to approve the salary beforehand, but the auditor's countersignature was r…
Could a Texas county buy land and build an office solely for its county appraisal district under a lease-purchase agreement?
No. JM-191 concluded that a county lacked authority to buy land and construct a building solely for an appraisal district, even if the district compensated the county. The county could lease unused sp…
Which Harris County justice precinct had venue over a bad-check charge, and did the justice have to reject it at filing?
JM-190 said the charge belonged in the precinct where the offense occurred, regardless of the defendant's residence. JM-1036 later clarified that a justice did not violate the venue law by failing to …
Could a Texas city label a tourist-development area in its extraterritorial jurisdiction an industrial district?
No. JM-189 concluded that an area primarily used for hotels, condominiums, vacation homes, and recreation was commercial rather than industrial in the customary sense required by the Municipal Annexat…
Could the Texas human-resources agency stop child-protective workers from doing paid court-ordered custody studies after hours?
Yes, when the outside work created a conflict by competing with the department for court appointments and fees or otherwise harmed departmental operations. JM-188 said conflicts ordinarily required fa…
Could a Texas life insurer pay its wholly owned service subsidiary a fee based on net premiums?
Yes. JM-187 concluded that article 3.68 did not automatically bar a premium-based service fee paid to a wholly owned subsidiary, so long as the arrangement met the fairness, propriety, and reasonablen…
Did every Texas county bid need article 2367's notarized anti-collusion affidavit, and could it be notarized after opening?
No. JM-186 said the affidavit applied only to county printing and stationery bids governed by articles 2358 through 2367. When required, it had to be signed under oath and notarized when submitted and…
Could a Texas House of Representatives committee accept donations from private organizations?
No. JM-185 concluded that a House committee lacked statutory authority to accept private donations. A general appropriations provision covering gifts already accepted by authorized agencies did not it…
Could El Paso County spend county hotel occupancy tax revenue on golf carts or general improvements at its golf course?
No. JM-184 concluded that the county hotel-tax statute limited spending to qualifying public improvements that attracted visitors and tourists, and a county golf course did not fit the listed spectato…
Did the Open Meetings Act cover an advisory council for a major resource system of Texas public libraries?
No. JM-183 concluded that the locally selected, multi-jurisdictional library advisory council did not fit the statute's definition of a governmental body, state executive entity, local department, pol…
Could a Texas commissioners court require independently elected county officials to keep specified office hours, including lunch?
No. JM-182 concluded that the Lampasas County Commissioners Court lacked authority to impose enforceable office hours on other independently elected county officials. It distinguished statutes allowin…
Could the Greater Texoma Utility Authority promise not to serve areas claimed by Denison without the city's consent?
No. JM-181 said the authority could not contract away its governmental duty to decide whom it served and on what terms. Denison's existing utility certificate already prevented the authority from rece…
Could a Texas home-rule city give four-year terms to council members elected from single-member districts?
Yes. JM-179 concluded that article XI, section 11 allowed four-year terms for officials elected from single-member districts. The provision required a majority vote of the qualified voters in the rele…
Did a Texas county auxiliary courthouse inside a city have to follow municipal zoning, building, and fire codes?
Partly. JM-180 said city zoning could apply only if it did not prevent the county from reasonably locating the auxiliary courthouse within the county seat. The county still had to comply with municipa…
Could a higher-education-authority board member vote on student-loan matters benefiting a bank in which the member had a substantial interest?
No, when the member knowingly participated and could reasonably foresee interest income or another economic benefit to the bank. JM-178 also concluded that a higher education authority director was a …
Could a Texas state agency exclude assignments, evaluations, salary schedules, terminations, or other job matters from its employee grievance process?
No. JM-177 said agencies could not narrow 'conditions of work' to exclude parts of the employment relationship from grievance protection. The term covered wages, hours, employment conditions, and othe…
Who prosecuted a Texas child-support probation revocation, and did an indigent parent have rights to counsel, bail, and notice?
JM-176 said the district attorney or equivalent state prosecutor handled revocation under Family Code section 14.12. An indigent probationer was entitled to appointed counsel, and the bail and notice …
Could a city require every owner selling or transferring a municipal cemetery lot to convey it back to the city at the original price?
No. JM-175 concluded that a city-only transfer rule at a fixed original price and with no time limit was an unreasonable restraint on alienation. The opinion distinguished a limited right of first ref…
Did a Texas justice precinct containing a city with more than 18,000 residents have to elect two justices of the peace?
Yes. JM-174 concluded that once the commissioners court determined a city in the precinct exceeded 18,000 residents, article V, section 18 required two justices of the peace. The court retained discre…
How could a Texas physician delegate nursing or medical acts to an unlicensed person, and what could the medical board regulate?
JM-173 said physicians remained responsible for delegated medical acts and had to satisfy the Medical Practice Act even when the task was a nursing act. A good-faith unlicensed delegate was protected …
Could city officials or electric-cooperative officers serve on the Lower Colorado River Authority board?
JM-172 said recent officers and employees of wholesale electric cooperatives were statutorily ineligible for LCRA appointment. City officials and employees were not barred by that statute, but accepti…
Could a Giddings council member remain in office while serving as vice-president of a corporation that subcontracted on a city project?
JM-171 said the member did not automatically vacate office. But the city contract was void if the general contractor and the member's firm already had a subcontracting agreement when the city awarded …
Could a county reimburse a commissioner who personally repaid road-equipment operators for traffic fines they incurred during county road work?
No. JM-170 said the drivers were personally liable for their fines, and the commissioner's voluntary repayments were neither necessary nor legal county expenses.
Could Dickinson repeal its adoption of the general-law city statutes and return directly to its former village status?
No. JM-169 said Dickinson could regain village status only by dissolving its existing municipal corporation and reincorporating as a village.
What filing fees applied to an ancillary probate action and later instruments filed in that action?
JM-168 required a $25 initiating fee and also allowed per-page fees for later instruments, but JM-346 overruled the latter conclusion and said no fee beyond the initial $25 was authorized for adverse …
Could the State Commission for the Blind contract with public or private organizations to provide rehabilitation training for older blind adults?
Yes, in its discretion. JM-167 said general law authorized such contracts, but an appropriations rider could not make the otherwise discretionary contract mandatory.
How did Tax Code section 6.03 govern selection of appraisal-district directors, including deadlines, submissions, candidate qualifications, and off-ballot votes?
JM-166 said the process was an appointment rather than an Election Code election; deadlines were directory, submissions had to be written, clerks could not investigate qualifications, and off-ballot v…
After deferred-adjudication supervision expired without revocation or guilt proceedings, could a court use a capias pro fine or execution to collect an unpaid fine imposed as a probation condition?
No. JM-165 said the fine was a condition of probation rather than part of a sentence, and the defendant had to be discharged when supervision expired without proceedings to adjudicate guilt.
Was a Texas Water Development Board feasibility order on a proposed federal water or flood-control project subject to APTRA's contested-case hearing procedures?
No. JM-164 said the board's order was a recommendation that did not finally determine anyone's legal rights, duties, or privileges, so it was not a contested case or final APTRA order.
Could Texas agencies pay a company owned by a legislator when the contract was authorized during that legislator's term?
No. The Attorney General concluded that article III, section 18 made the contract illegal and unenforceable when legislation and appropriations enacted during the legislator's term authorized it, so t…
Could El Paso district judges require every local lawyer to take civil cases for indigent clients through a bar-run pro bono program?
No. JM-161 said article 1917 let an individual district judge appoint counsel for an indigent party in a particular case, but did not authorize a group of judges to create a countywide program or dele…
Could the Dallas-Fort Worth Regional Airport Board use Texas article 999b to provide extra law-enforcement officers to Dallas?
No. JM-160 said article 999b authorized temporary law-enforcement assistance only between counties and municipalities, and the regional airport board was neither.
Did a Texas child need a Social Security number before a court could enter a divorce or child-support decree?
No. JM-159 said the decree had to include each party's and child's Social Security number only if the number had already been obtained; parents did not have to get a new number or card before entry of…
Could Harris County spend county money to encourage voter registration and hire a nonprofit organization to help?
Yes. JM-157 said county funds could support voter-registration promotion, and the commissioners court and voter registrar could act together to contract with a nonprofit for services within their auth…
Could a Texas community college meet with a public-employee union about general working conditions without engaging in prohibited collective bargaining?
Yes. JM-156 said a community college could consult with a union about general employment conditions without a formal grievance, so long as the discussion did not seek a binding agreement and the trust…
Could a Texas agency ask architects and engineers what fee they considered fair without violating the Professional Services Procurement Act?
Yes. JM-155 said the Act barred selecting architects or engineers through competitive bids, but required agencies to consider fair and reasonable prices along with demonstrated competence and qualific…
Could a private Texas high school withhold a student's academic records or transcript because the family owed tuition?
JM-154 said the Texas Open Records Act did not apply to the privately funded school. Federal law required a federally funded school to let parents inspect and review records, but did not require an of…
Was a Texas county liable when a justice of the peace collected state court costs but failed to deposit them in the county treasury?
No, unless the county itself received and appropriated the money. JM-153 said the comptroller could pursue the individual who misappropriated the funds, officials could not waive mandatory costs, and …
Could the Texas comptroller cap state board members' meal and lodging reimbursement at $75 per day under the 1983 appropriations act?
No. JM-152 said the appropriations language supplied no clear objective standards for a $75 cap, so the limit was unenforceable and each board's specific reimbursement law remained controlling.
Did Bexar County Jail have to accept people arrested by city police for state-law violations before a magistrate committed them to the sheriff?
No. JM-151 said the jail's duty began after magistrate warnings and commitment to county custody. Before then, the county could charge the city only under an interlocal contract, and no prosecutor had…
Were a pipeline company's sales of natural gas to industrial customers inside Houston subject to Texas's city utility gross-receipts tax?
Yes. JM-150 treated the metered lateral-line operation as local gas distribution rather than mere transmission, so receipts from sales to more than twenty Houston industrial consumers were taxable und…
How was authority divided between the Texas Employment Commission and its agency administrator after the 1983 amendments?
JM-149 said the administrator handled routine day-to-day operations, but the commission retained final administrative authority, controlled special-fund expenditures, and had to execute the specifical…
Could the Railroad Commission investigate a pipeline-to-pipeline gas rate when that rate would affect a later city-gate sale to a distribution utility?
Yes. JM-147 said the special presumption for negotiated large-volume rates did not prevent full review when the rate directly or indirectly affected a city-gate sale for resale to a gas distribution u…
Could a court grant deferred adjudication after January 1, 1984, for a misdemeanor DWI offense charged before that date?
Yes. JM-146 said the former law remained controlling for pre-1984 DWI offenses, so the later amendment excluding DWI defendants from deferred adjudication did not apply.
Could Texas acquire the land designated for Gateway State Park through multiple conveyances, and could it accept disconnected parcels?
JM-145 said the authorized parkland could be conveyed in separate instruments at different times, but accepted parcels had to be physically connected as the statute specified, except for roadway or ri…
Was the Texas Juvenile Probation Commission allowed to require juvenile probation officer salary scales to be at least as high as adult probation officer salary scales?
Yes. JM-144 found the salary standard authorized by statute and constitutional; juvenile boards fixed salaries under state standards, subject to commissioners-court consultation and review for clear a…
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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.