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 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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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'…
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…
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…
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…
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…
Can a Texas navigation district reactivate an old property tax to fund port projects without a new voter election?
The AG concluded that the Port Isabel-San Benito Navigation District most likely cannot rely on the 1929 election that created it and approved general property taxes to impose a maintenance and…
Do Texas judges have to follow the Open Meetings Act when they meet to appoint a county auditor or probation director?
The AG concluded that neither group of judges is a 'governmental body' under the Open Meetings Act, so neither has to post public notice of these meetings. District judges meeting to appoint a…
Can a Texas county pay a commissioner's legal bills after he's acquitted of criminal charges?
The AG concluded that nothing requires a county to pay a county official's criminal-defense costs, but the common law gives the commissioners court discretion to reimburse them. Because the Brown…
Do pharmacy benefit managers have to give Texas pharmacies notice before dropping them from a health plan network?
The AG concluded that the Insurance Code's notice-and-review protections for terminated providers can reach pharmacy benefit managers (PBMs), not just the insurers and HMOs the statutes name…
When a Texas town dissolves, can its leftover money and property go to a local nonprofit?
The AG concluded that the former officials who wind down an abolished general-law city may transfer its leftover assets to a local nonprofit corporation, and a court is unlikely to second-guess…
Can Texas police impound your car if you can't show proof of insurance?
The AG concluded that any Texas peace officer, including city police, may impound a vehicle when the driver cannot show proof of financial responsibility (auto insurance), as long as the impoundment…
Can a Texas city hire a private company to enforce handicap parking rules?
The AG concluded that a court would likely say no. Section 681.0101 of the Transportation Code lets a political subdivision appoint a 'person' to file disabled-parking charges, but the AG read…
Can a Texas school district police chief also serve as a county constable?
The AG concluded that yes, an independent school district's chief of police may hold the office of constable at the same time. Neither the Texas Constitution's ban on holding two civil offices of…
Does a Texas county have to pay for a county employee's lawyer in a lawsuit?
The AG concluded that a county is not automatically required to pay for a county official's or employee's private lawyer. Under Local Government Code section 157.901, the county must fund private…
Can a Texas county attorney keep a commission on bond forfeiture money?
The AG concluded yes. Under Government Code section 41.005(b), a county attorney who has criminal jurisdiction and represents the state in bond forfeiture proceedings may keep a commission out of…
Can a Texas county hospital district create and fund a nonprofit physician group?
The AG concluded that the Tarrant County Hospital District may create and fund a charitable physician group under Health and Safety Code section 281.0565(b), as long as the District reasonably…
Can a small Texas Type C city charge a property tax?
The AG concluded yes. A Type C general-law municipality may levy an ad valorem (property) tax on property inside its city limits. The Tax Code only spells out taxing authority for home-rule and Type…
Does a Texas county have to pay to defend a judge in a judicial conduct case?
The AG concluded that a court would likely say no. Local Government Code section 157.901 requires a county to represent an official or employee who is 'sued ... for an action arising from the…
Can a city charter limit who serves on a tax increment reinvestment zone board?
The AG concluded that, where a home-rule city charter conflicts with state law, the charter gives way. The AG would not decide whether Galveston's charter even applies to a tax increment…
Can a Texas county clerk or judge refuse same-sex marriage duties for religious reasons?
The AG concluded that the answer turns on the specific facts of each case. After the U.S. Supreme Court's Obergefell decision recognized a constitutional right to same-sex marriage, the AG said…
Can a Texas service contract provider refund the full price without deducting claims already paid?
The AG concluded a court would likely say no. Section 1304.1581 of the Occupations Code makes the deduction mandatory: when a consumer cancels a service contract, the provider must reduce the refund…
Can the same person serve on a Texas school board and a hospital district board at the same time?
The AG concluded no, at least where the two districts overlap and both can tax. Because the La Vernia Independent School District and the Wilson County Memorial Hospital District cover overlapping…
Can a Texas public funds investment pool create a subsidiary to invest public money?
The AG concluded the Public Funds Investment Act does not prohibit it. An investment pool may create and invest in a wholly-owned subsidiary if the pool's governing body decides that is reasonably…
Can a university board of regents block an individual regent from seeing university records?
The AG concluded a court would likely say no, at least for records a regent needs to do his job. The opinion arose when University of Texas System regent Wallace Hall was denied records he sought in…
Can a Texas governmental body hold an open meeting at a place that requires photo ID to get in?
The AG concluded a court is unlikely to hold, as a matter of law, that the Open Meetings Act bars a governmental body from meeting at a location that requires government-issued photo identification…
Does criminal restitution collected by a Texas county clerk have to go into the county treasury?
The AG concluded a court would likely say no. Restitution a defendant is ordered to pay a crime victim, and that a statutory county court directs the county clerk to collect under article 42.037 of…
Which private colleges qualify for the Texas B-On-Time student loan program?
The AG concluded only private or independent colleges accredited by one of three specific bodies, the Commission on Colleges of the Southern Association of Colleges and Schools (SACS), the Liaison…
Was the 2001 ballot language for the Texas Mobility Fund amendment legally sufficient?
The AG concluded a court would likely say yes. Proposition 15 on the November 2001 ballot added article III, section 49-k to the Texas Constitution, creating the Texas Mobility Fund to finance state…
Can a Texas county pay legal fees for a commissioner investigated but never charged?
The AG concluded yes, a county can, subject to a public-interest test, but the investigated members cannot vote on it. Several Waller County commissioners were criminally investigated for possible…
Is the Hazlewood Act's requirement that a veteran entered service in Texas constitutional?
The AG took the position that it is, or at least should be upheld, while warning the law was unsettled. The Hazlewood Act (Education Code section 54.341) waives tuition and fees for certain Texas…
Can a suspended school board trustee run for and serve on a city council in the same district?
The AG concluded yes. After the Texas Education Commissioner installed a board of managers over the Beaumont Independent School District in 2014, the elected trustees' powers were suspended. The…
When does a sheriff elected to fill an unexpired term take office?
The AG concluded the newly elected sheriff could take office right away. The San Jacinto County sheriff died less than a week into a four-year term that ran from January 2013 through December 2016.…
Is a county sheriff's salary increase valid if the required public notice wasn't given first?
The AG concluded the increase was invalid. Before a Texas commissioners court can raise an elected county officer's salary, it has to publish notice of the proposed increase in a newspaper at least…
Can a school district spend its funds to audit a mineral lease on county school land?
The AG's answer leaned no on both questions. County school lands are held by the county in a constitutional trust, with the commissioners court as sole trustee for the public schools. Texas courts…
Can jurors donate their jury pay to programs other than juror counseling?
The AG concluded yes. Government Code section 61.003(a)(4) lets a juror donate the daily jury reimbursement to 'any other program approved by the commissioners court of the county, including' 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.