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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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…
Do Federal Protective Service officers still have arrest powers under Texas law after Congress repealed the old federal statute they were appointed under?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…
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…
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,…
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…
Are Texas Physician Health and Rehabilitation Advisory Committee members entitled to state defense, indemnification, or liability limits?
The AG concluded that committee members were advisers, not public officers entitled to Attorney General representation and indemnification under chapter 104. A court likely would treat them as…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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.…
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…
Could the Texas Teacher Retirement System invest in indexed universal life insurance funded by leveraged premiums?
Possibly, but the AG could not decide the necessary facts. The investment had to qualify as a security and satisfy the Texas Constitution's and Government Code's prudence and portfolio-strategy…
Can a Texas county use public funds to help homeowners repair homes or to subsidize housing construction?
Only when the spending serves a predominantly public purpose, the AG concluded, and the commissioners court has to make that call first, subject to court review. A Texas House committee chair asked…
Does Texas's recreational use statute protect a landowner who hosts agritourism when a private plane lands on the property?
Yes, the AG concluded, as long as the usual conditions of Chapter 75 are met. A Texas House committee chair asked whether Chapter 75 of the Civil Practice and Remedies Code, the recreational use…
Can the temporary directors of a new Texas groundwater conservation district cancel the election that would confirm the district?
Almost certainly not, the AG concluded. A Texas House committee chair asked about the Southwestern Travis County Groundwater Conservation District, whose seven temporary directors cancelled the May…
Can a Texas groundwater district amend a historic-use permit to change the purpose of water use?
Changing the purpose of the water use makes it a new use, even if it stays inside the district, the AG concluded. A Texas House committee chair asked about a dispute over what the Texas Supreme…
Can a Texas city set a homestead property tax exemption minimum higher than $5,000?
No, the AG concluded. A state senator asked whether a home-rule city could adopt a residential homestead property tax exemption with a minimum dollar amount above the $5,000 set in the Constitution.…
Can the survivors of a part-time firefighter or police officer who died in the line of duty buy the city's health insurance?
Yes, the AG concluded. A district attorney asked about the City of Burnet, where a part-time firefighter and EMT died in the line of duty. The city's policy did not give part-time workers or their…
Does a Texas DA's office have to turn over information from its civil cases to a criminal defendant?
Often yes, the AG concluded. The Tarrant County Criminal District Attorney, whose office handles both civil and criminal matters, asked whether information her civil-side attorneys obtain, such as…
Can a Texas presiding election judge carry a handgun at the polling place on election day?
While on duty, yes in many places, the AG concluded, but with real limits. A state representative asked whether Penal Code sections 46.02 and 46.03, which bar carrying firearms at a polling place,…
Can a Texas school employee who serves on the city council be paid for council service?
Only if the employee is a schoolteacher, the AG concluded. A district attorney asked whether three Eagle Pass school district employees who serve on the city council, a counselor, an assistant…
Are Texas PACE clean-energy assessments treated like property taxes?
Yes, in key respects, the AG concluded. A county attorney asked, on behalf of Williamson County's PACE program, whether the contractual assessments local governments impose under the Property…
Can a right of reverter in a deed be enforced against a Texas state agency that owns the property?
Yes, the AG concluded. Texas State Technical College took a building and land from the Marshall Economic Development Corporation under a deed that gave the College a 'fee simple determinable,'…
Can a Texas county education department set up a relief fund to give grants to local school districts after a hurricane?
The AG concluded it can, with conditions. The Harris County Department of Education may use its public funds, including property tax revenue, to create a Hurricane Harvey relief fund that grants…
Can an employee of a Texas district attorney's office serve a subpoena in a criminal case?
The AG concluded a court would likely say yes. Article 24.01(b)(2) of the Code of Criminal Procedure lets a person who is at least 18 and, at the time the subpoena issues, is not a participant in…
Which peace officer has to transport someone held under an emergency mental health detention warrant in Texas?
The AG concluded that a magistrate may direct an emergency detention warrant under section 573.012(d) of the Health and Safety Code to any on-duty peace officer listed in article 2.12 of the Code of…
Can one member of the Texas Railroad Commission fire the executive director without a vote?
The AG concluded that a single commissioner has no authority to unilaterally terminate or hire the Commission's executive director. That power belongs to the three-member Commission acting as a…
Can a Texas school district put public money into a scholarship program that pays for its graduates to attend a community college?
The AG concluded it can, if two conditions are met. The Education Code lets an independent school district spend its funds on purposes its trustees find necessary or conducive to running the public…
Can a Texas county commissioners court collect court fines and fees on its own, or does it have to go through the county clerk?
The AG concluded that it can. Article 103.003 of the Code of Criminal Procedure gives a commissioners court that has set up a collection improvement program independent authority to collect money…
When a grandfathered bingo hall license is sold, does the new owner get the old right to rent to several bingo groups?
The AG concluded that a court would likely read the Bingo Enabling Act to mean no. A commercial lessor licensed before June 10, 1989, kept a grandfathered right to lease to as many as seven bingo…
Can a Texas justice of the peace hire and supervise its own bailiff or warrant officer, and is that employee automatically a peace officer?
The AG concluded that a commissioners court may authorize a justice of the peace to appoint and supervise an employee to do the traditional work of a court bailiff, relying on Local Government Code…
Can a Texas prosecutor use civil asset forfeiture money to buy insurance on a forfeited house while the case is on appeal?
The AG concluded that a court would likely say yes. A district attorney holding civil asset forfeiture funds under article 59.06(c)(1) of the Code of Criminal Procedure may use those funds to buy…
After a storm destroys a manufactured home, can a Texas retailer remove its federal certification label, or does federal law block that?
The AG concluded that federal law does not preempt the Texas rule. The National Manufactured Housing Construction and Safety Standards Act of 1974 sets construction and safety standards and requires…
Can a Texas psychologist bill an insurer under their own name when a supervisee actually did the testing, without saying so on the bill?
The AG concluded a court would likely say yes. Occupations Code section 501.351(b) states that a test or service a psychologist delegates to a supervisee is considered delivered by the delegating…
Can Texas spend the Proposition 1 and Proposition 7 highway money on toll roads or on projects that have tolled and free lanes?
The AG concluded that the Texas Transportation Commission may not spend state highway funds it receives under Propositions 1 and 7 on any toll road, because both constitutional amendments restrict…
Can a Texas school board put term limits on its own trustees through a governance policy, without a state law authorizing it?
The AG concluded that a court would likely say no. Independent school district boards have broad authority to govern and manage their schools, but adding a term limit is really an extra eligibility…
If the holder of a private transfer fee on Texas property botches the required notice, is the fee void, and what about a seller's disclosure?
The AG concluded that the rules are strict for the fee holder and looser for the seller. Property Code section 5.203 says that if the payee of a pre-2011 private transfer fee obligation fails to…
Does Texas's SB 312 force the Loop 1604 toll project to repay state highway money, or is it exempt because its environmental review started early?
The AG could not give a yes-or-no answer because it turns on disputed facts. Senate Bill 312 amended the Transportation Code so a toll project entity does not have to repay funds the Department of…
Can Texas require food to be eaten on the premises before a restaurant's scale is exempt from state weights-and-measures registration?
The AG concluded that a court would likely strike down that requirement. Agriculture Code section 13.1002 exempts a commercial weighing device used exclusively to weigh 'food sold for immediate…
Who pays for a disaster property reappraisal in Texas, and must owners be notified when their value goes down?
The AG concluded two things. First, a taxing unit that authorizes a disaster reappraisal must pay the appraisal district all the costs of making it, but the district cannot bill for routine…
Can the Texas Governor suspend election laws and call an early special election during a disaster?
The AG concluded the Governor's disaster powers reached that far. Under Government Code section 418.016(a), the Governor may suspend Election Code timing and procedure rules to the extent strict…
Can Texas TCEQ deny an air permit for a concrete plant because it conflicts with city zoning?
The AG concluded that local zoning has little role in these air permits. Section 382.112 requires the Texas Commission on Environmental Quality to give maximum consideration to a local government's…
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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.