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 Texas school board pay a law firm a flat fee for legal services without it being an illegal gift of public funds?
The Commissioner of Education asked the AG whether an independent school district board could lawfully pay a law firm a minimum flat fee for legal services regardless of hours worked, and whether such…
Where can a Texas city post a sign to keep guns out of a city council meeting?
A district attorney asked, for the City of Alice, how a city must post notice to keep license holders from carrying handguns at city council meetings. The AG explained that Penal Code section 46.035(c…
What happens to a Texas charter school's buildings and land when the school closes?
The Commissioner of Education asked whether real property a charter school returns to the State under Education Code section 12.128, when the school stops operating, becomes 'unappropriated public dom…
How long can a state-appointed board of managers run a Texas school district?
The Commissioner of Education asked how Education Code section 39.112, which sets the appointment period for a board of managers that replaces an elected school board, applies after two 2015 bills ame…
Is an online convenience fee for paying rent an illegal credit card surcharge in Texas?
A state representative asked whether the convenience fee a tenant pays to pay rent online through a third-party processor is a credit-card or debit-card surcharge banned by Finance Code section 339.00…
Can a Texas judge refuse to apply another country's law in a divorce or custody case?
A state representative posed many scenarios asking how far a Texas judge may go to refuse to apply the law of a country outside the United States in family-law disputes, meaning disputes over a marria…
Can a Texas public university contract with a company a regent has a financial stake in?
A state senator asked the AG to reconcile two Texas statutes that seemed to contradict each other on whether a public university could contract with a business in which a member of its governing board…
Who owns the interest an appraisal district earns while holding a county's tax money?
A county attorney asked who owns the interest an appraisal district earns while holding county property taxes it collected, whether past interest must be paid back, and whether the county tax assessor…
Can a Texas county give money to the Boys and Girls Club or another nonprofit?
A county auditor asked whether a county could give financial assistance to the Boys and Girls Clubs without violating the constitutional ban on gifts of public funds in article III, section 52 of the …
When does a Texas county judge qualify for the state salary supplement?
A county auditor asked what counts as a 'judicial function' so a county judge may claim the state salary supplement under Government Code section 26.006, which gives the judge a supplement equal to 18…
Can a Texas river authority ban open carry of handguns in its parks?
No. The AG concluded that the broad rulemaking power a river authority has over its water-related parks (Parks and Wildlife Code chapter 25) does not let it ban the open carry of handguns, because Pen…
Can a Texas DA spend asset-forfeiture money to investigate a juvenile detention center?
The AG did not give a yes-or-no answer because it turns on the facts. The AG explained that under article 59.06 of the Code of Criminal Procedure a prosecutor may spend asset-forfeiture funds only for…
Does Texas have to follow federal refugee-funding rules that aren't in the statute?
On the first question, the AG concluded that a court would likely treat any condition on federal refugee money that does not appear in the text of a federal statute as unenforceable, because the Spend…
Can a Texas city regulate the propane (LPG) industry with its own ordinance?
The AG concluded that section 113.054 of the Natural Resources Code preempts and supersedes a city's or other political subdivision's LPG ordinances across the board: it does not matter whether the lo…
Is the Texas crude oil production tax still in effect after SB 757 and HB 7?
The AG concluded the tax was gone. Senate Bill 757 expressly repealed the Natural Resources Code section that levied the three-sixteenths-of-a-cent-per-barrel tax on crude oil. A week later, House Bil…
Can Texas fix a sales-tax election that pushed an area over the 2% local cap?
The AG concluded there was no statutory fix. A Montgomery County emergency services district held an election to add a half-percent sales tax but did not exclude an economic development zone where the…
Who pays to move a body from an autopsy to the funeral home in Texas?
The AG concluded that the cost of transporting a body from a justice-of-the-peace-ordered autopsy to its final destination generally falls on the person with the legal duty to inter the deceased, or t…
Can a physical therapist do dry needling in Texas?
The AG concluded that a court would likely uphold the Texas Board of Physical Therapy Examiners' authority to determine that trigger point dry needling falls within the scope of practice of physical t…
Can a senior get a Texas property tax deferral on a home that's also used for business?
The AG concluded that section 33.06 of the Tax Code lets a qualifying owner (age 65 or older, or disabled) defer property taxes on a residence homestead, and that an appraisal district may grant the d…
Can a Texas licensing board accept a voluntary surrender of a professional license?
The AG concluded that a court would likely find the Texas Board of Professional Geoscientists has implied authority under chapter 1002 of the Occupations Code to accept a licensee's unilateral, volunt…
Can a Texas county auditor audit a sheriff's accounts, including bail bond, commissary, and forfeiture funds?
The AG concluded that even though a Texas county sheriff may keep some money (cash bail bonds from cases not yet filed, inmates' personal funds, and prepaid phone-card revenue) outside the county trea…
Can Texas route federal RESTORE Act Gulf oil spill money through the state appropriations process and treasury?
The AG concluded that a 2015 Texas budget rider requiring RESTORE Act funds (the Gulf Coast restoration money from Deepwater Horizon spill penalties) to be deposited in the State Treasury and run thro…
How many design-build highway contracts can TxDOT sign, and what's the minimum project cost?
The AG concluded that under section 223.242 of the Transportation Code, the Texas Department of Transportation may enter into a design-build contract for a highway project with a construction cost est…
Can a Texas county use license-plate cameras to catch and fine uninsured drivers?
The AG concluded that a court is likely to find Texas counties have no authority to use an automated photographic system, like the license-plate-reader 'insurance enforcement' setup a vendor pitched t…
Does a Texas county have to maintain the sidewalks in a right-of-way it accepted?
The AG concluded that a county road can include the sidewalks within the road's right-of-way, so a county's duty to maintain a road it has accepted can extend to those sidewalks. But whether this part…
Does a Texas heirship case always require notice by newspaper publication to unknown heirs?
The AG concluded that a court would likely read section 202.052 of the Estates Code to require citation by publication in every proceeding to determine heirship, so that unknown heirs are notified by …
Does a Texas truancy expunction order cover juvenile probation department records too?
The AG concluded that an expunction order under article 45.0541 of the Code of Criminal Procedure, which lets people clear records of the now-repealed 'failure to attend school' (truancy) offense, wou…
Can a Texas city, county, or school district cut its local homestead exemption before 2019?
The AG concluded that Tax Code subsection 11.13(n-1), added by Senate Bill 1 in 2015, bars a school district, municipality, or county from repealing or reducing its local option homestead exemption be…
Is the Texas law requiring courts to appoint ad litem attorneys from a rotation list constitutional?
The AG concluded that a court is unlikely to find Senate Bill 1876 unconstitutional. The 2015 law requires a court using a rotation system to appoint the first qualified person on its list when it nee…
Does Texas's E-Verify law (SB 374) replace Governor Perry's Executive Order RP-80?
The AG concluded that section 673.002 of the Government Code, added by Senate Bill 374 in 2015, supersedes Executive Order RP-80 on the requirement that all state agencies verify the employment eligib…
Can a Texas school board post its trustees' personal financial statements on the district website?
The AG concluded a court would likely find it within a school board's discretion to post on the district website the personal financial statements that trustees must file under section 11.0641 of the …
Does a Texas county have to share its optional child-safety vehicle registration fee with cities?
The AG concluded that a county collecting the optional child safety fee on vehicle registrations under section 502.403 of the Transportation Code may keep a slice for administrative costs (up to 10 pe…
Who has to bring a fugitive back to Texas from another state, and who pays for it?
The AG concluded that a Texas arrest warrant reaches only within Texas, so it does not by itself require any officer to travel out of state. Interstate extradition is controlled by the U.S. Constituti…
Is university-owned student housing exempt from Texas property taxes when a private company builds and runs it?
The AG concluded that property is exempt under Tax Code section 11.11 when a public entity holds legal or equitable title and the property is used for public purposes, and that an owner with a present…
What counts as 'site improvements' a Texas economic development corporation can pay for?
The AG concluded that 'site improvements' in section 501.103(1) of the Local Government Code should be read to mean an improvement or permanent enhancement that relates to developing the ground on whi…
When can a Texas truancy court send a child to juvenile probation, and can the child be charged with delinquency?
The AG concluded that under chapter 65 of the Family Code, a truancy court may refer a child to the juvenile probation department for either disobeying a truancy order or direct contempt, but only aft…
Can one Texas water district contract away its budget and operating powers to another district?
The AG explained that a governmental entity, including a water district, cannot delegate its legislatively entrusted authority to another entity unless the Legislature has authorized it, and cannot ba…
Can a Texas hospital district board create a vice-chair position its enabling law doesn't mention?
The AG concluded that a court would likely find the vice-chair position on the Maverick County Hospital District board valid. Although chapter 1118 of the Special District Local Laws Code requires onl…
How many votes does a Texas general-law city need to remove a city officer, and what is an emergency-meeting quorum?
The AG concluded that section 22.077 of the Local Government Code gives a Type A general-law city two separate ways to remove a municipal officer. For incompetency, corruption, misconduct, or malfeasa…
If a Texas county employee who receives longevity pay is elected to a county office, does that longevity pay continue?
The AG concluded that a commissioners court order granting longevity pay to qualified county employees does not carry over once that person is elected to a county office, because an elected official i…
Can a Texas county require indigent health care applicants to be U.S. citizens or qualified aliens?
The AG concluded that the Texas Indigent Health Care and Treatment Act bases eligibility on county residence plus income and resource standards, and makes no distinction based on citizenship or aliena…
What can a Texas state agency do if a court ruling forces it to spend more than the Legislature budgeted?
The AG addressed only the budgeting procedure, not the underlying marriage question that prompted the request. The AG concluded that when a state agency faces a shortage of appropriated funds because …
Is it legal to play daily fantasy sports like DraftKings or FanDuel in Texas?
The AG concluded that paying an entry fee to play daily fantasy sports is a 'bet' under section 47.02 of the Penal Code, because the outcome depends at least partly on chance, and Texas gambling law r…
Can a Texas city reimburse a resident for the cost of a successful zoning board appeal?
The AG concluded that article III, section 52(a) of the Texas Constitution would likely bar a city from paying a private party's costs from a successful zoning board appeal, to the extent the payment …
Does the Texas Forensic Science Commission have to disclose exculpatory evidence it finds?
The AG concluded that a court would likely find the Texas Forensic Science Commission has no duty under article 39.14(h) of the Code of Criminal Procedure to notify anyone of exculpatory, impeachment,…
Can the same person serve as a Texas county sheriff and a school board trustee at the same time?
The AG concluded that, on the facts presented, a court would likely find the common-law incompatibility doctrine does not bar one person from serving at the same time as the Red River County Sheriff a…
Do extra college credit hours taken at another school disqualify a student from B-On-Time loan forgiveness?
The AG concluded that a court would likely find the extra hours do not disqualify the student. A Texas B-On-Time loan could be forgiven if the student earned the degree without going more than six sem…
Can a Texas commissioners court automatically cut a county position's salary when the employee leaves?
The AG gave a two-part answer. Chapter 111 of the Local Government Code does not, as a matter of law, prohibit a commissioners court from adopting a standing order that automatically transfers budgete…
Can a Texas public university ban concealed handguns in classrooms or dorms under the campus carry law?
The AG answered six questions about Senate Bill 11, the campus-carry law that took effect in 2016. He concluded that a public institution of higher education likely exceeds its authority if it bans co…
Can you carry a gun in a Texas school's parking lot, driveway, or sidewalk?
The AG concluded that Penal Code section 46.03(a)(1) prohibits handguns (and other weapons) from places where a school-sponsored activity is being conducted, and that those places can include grounds …
Can a Texas county post a 'Weapons Free Zone' sign banning licensed handguns in a government building?
The AG gave a three-part answer. First, building on its earlier opinion KP-0047, the AG concluded that in the Hays County Government Center only the courtrooms and the offices essential to running the…
What happens to the money when the Texas governor line-item vetoes part of the budget?
The Comptroller asked how to account for Governor Abbott's line-item vetoes of the 2015 state budget. The AG (the opinion was signed by the First Assistant Attorney General because Paxton recused hims…
Can a Texas county ban guns in a whole courthouse, or just the courtrooms?
The AG concluded that Penal Code section 46.03(a)(3), which lets the government keep handguns out of the 'premises of any government court or offices utilized by the court', does not reach an entire c…
Can a Texas transit agency build bus lanes where voters approved light rail?
The AG gave a two-part answer about Houston METRO's Post Oak Boulevard project. First, reading the 2003 election order and ballot language, the AG concluded a court would likely find that METRO's 'con…
Does Texas nepotism law let a county hospital hire the county judge's spouse?
The AG concluded that Texas nepotism law does not bar the Pecos County Memorial Hospital from employing the county judge's spouse. The nepotism statute (Government Code section 573.041) only stops a p…
How often can Texas police officers vote to change their bargaining agent?
The AG concluded that section 142.056 of the Local Government Code does not impose any waiting period between elections over which group represents municipal police officers in 'meet and confer' barga…
Can the Texas State Board of Education control how local schools pick textbooks?
The AG concluded that the State Board of Education has only the powers the Legislature has specifically delegated to it, and that it may not substitute its judgment for the local school district trust…
Can a Texas police department put 'In God We Trust' on its patrol cars?
The AG concluded that a Texas police department or sheriff's office may display the national motto 'In God We Trust' on its patrol vehicles, and that a court would likely find the display does not vio…
Does a Texas prosecutor have to review all recorded jail phone calls for evidence that helps the defendant?
The AG concluded that Brady v. Maryland does not force a prosecutor to listen to every recorded inmate phone call hunting for exculpatory evidence the office would not otherwise review. But if the off…
Can a Texas community college pay a board member's legal bills for fighting a challenge to his eligibility?
The AG concluded that a community college may reimburse a trustee's personal attorney's fees for defending a quo warranto challenge to his right to hold office only if the college finds, in good faith…
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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.