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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Who hires and fires juvenile probation department staff, the juvenile board or the chief probation officer?
The two share authority in a defined way. The Attorney General concluded that under sections 152.0007 and 152.0008 of the Human Resources Code, the chief juvenile probation officer of the Brazos Count…
If redistricting abolishes a Texas constable's precinct, does he have to get a peace officer license?
No, not on these facts. The Attorney General concluded that when redistricting eliminates a constable's precinct and folds it into a new, larger precinct, and the incumbent is reelected as constable o…
Can one Texas district judge pay his court reporter a different salary than the other judges in the county?
Yes. The Attorney General concluded that a district judge can set the salary of his official court reporter at a level different from the salaries set by the other district judges in the same county. …
Can a Texas county pay justices of the peace different salaries based on how many cases they handle?
Yes, on its face. The Attorney General concluded that a commissioners court may set different salaries for justices of the peace in the same county based on the number of cases filed in each court, an…
Who controls jury selection in a Texas county, the district clerk or a jury administrator?
The district clerk, the Attorney General concluded. Where a county uses electronic or mechanical equipment to select juror names under Government Code section 62.011 and interchangeable juries under s…
Can a Texas county auditor force other elected county officials to use a specific computer accounting system and give the auditor open access to their records?
Only partly. In this 1990 opinion the Attorney General concluded that a county auditor in a county with a population under 190,000 may adopt and enforce regulations under Local Government Code section…
Can a Texas commissioners court give county employees raises without amending the county budget?
No. In this 1990 opinion the Attorney General concluded that a commissioners court may not grant salary increases to selected county employees without amending the budget, even when the raises are fun…
Can a Texas county pay a real estate agent a finder's fee for finding a buyer of county land at auction?
Yes, if all other legal requirements are met. In this 1990 opinion the Attorney General concluded that a county commissioners court may offer and pay a finder's fee to a real estate agent for locating…
Does a county need payment and performance bonds on a unit-price road-materials contract when the final total price is not known in advance?
In this 1990 opinion the Attorney General concluded that the unknown final price of a county unit-price requirements contract does not exempt it from bidding or bonding rules. A county estimates the c…
Can a county use its own employees and equipment to deliver USDA surplus food for a nonprofit charity?
In this 1990 opinion the Attorney General concluded that the state's decision to route USDA surplus commodities through a nonprofit did not strip Nolan County of its authority to spend on public healt…
Does a Texas sheriff have to go through the county purchasing agent to set up a jail commissary contract?
No. In this 1989 opinion the Attorney General concluded that section 351.0415 of the Local Government Code lets the sheriff enter into a contract regarding the county jail commissary without consultin…
Does a Texas county official have to follow a grand jury's recommendation, like one about using a bank night depository?
No. In this 1989 opinion the Attorney General concluded that a grand jury recommendation about the tax assessor-collector's use of a bank's night depository is not binding on that official. A grand ju…
Can a Texas county pay employees a merit raise retroactively, back to when the money was first budgeted?
No. In this 1989 opinion the Attorney General concluded that article III, section 53 of the Texas Constitution bars a county from making employee salary increases retroactive. Even though the commissi…
Does a Texas county have to pay for office space for the county surveyor outside the courthouse?
Only under set conditions. In this 1989 opinion the Attorney General concluded that a county must follow section 23.016 of the Natural Resources Code, which requires the commissioners court to pay ren…
If a Texas county closes its county hospital, can it still change who qualifies for county-funded indigent health care?
Yes. In this 1989 opinion the Attorney General concluded that a county that has closed its county hospital may still use section 61.063 of the Indigent Health Care and Treatment Act to make its eligib…
When a Texas county builds a farm-to-market road, does the state have to pay most of the cost of buying the right-of-way?
No. In this 1989 opinion the Attorney General concluded that farm-to-market roads are not 'state highways' for purposes of the statute (section 4.301(c) of article 6702-1) that requires the state to p…
When does dividing land outside city limits in Texas require the owner to file a plat?
Only when the division also lays out streets, alleys, squares, parks, or other parts for public use. In this 1989 opinion the Attorney General read Local Government Code section 232.001(a) so that sim…
Can a Texas county auditor make elected officials turn in employee time sheets?
Yes. In this 1989 opinion the Attorney General concluded that a county auditor in a county with fewer than 190,000 residents may require elected officials and department heads to submit time sheets, o…
Can a Texas county choose between an industrial commission and a board of development to promote economic growth?
Yes. In this 1989 opinion the Attorney General concluded that after Senate Bill 24 removed the population limits, any Texas county may promote business and industrial development under either section …
Can a Texas county back out of a joint city-county library contract on its own?
No, not after both sides ratified it. In this 1989 opinion the Attorney General concluded that when the City of Seguin and Guadalupe County adopted 1975 'by-law' amendments to their 1964 library servi…
Can a Texas county get back money it spent on indigent medical care if the patient later wins a lawsuit?
Not under the law as it stood. In this 1989 opinion the Attorney General concluded that a county has no authority to seek reimbursement from an indigent patient whose medical bills the county paid und…
Can a Texas county official do business with the county they serve if they follow the conflict-of-interest disclosure rules?
Yes, within limits. In this 1989 opinion the Attorney General concluded that chapter 171 of the Local Government Code lets a commissioners court enter a contract or approve a claim in which the county…
How many judges serve on a Texas county juvenile board, and are they all entitled to be paid for it?
All of them, even past the stated cap. In this 1989 opinion the Attorney General concluded that the Willacy County Juvenile Board consisted of six members: the county judge plus the district judges of…
Can one person hold two county jobs in Texas, like deputy tax collector and court reporter, at the same time?
Yes, in this case. In this 1989 opinion the Attorney General concluded that one person could serve both as chief deputy to the Rockwall County tax assessor-collector and as the official court reporter…
Can a Texas county commissioners court set the work hours and holidays for road crew employees when the commissioners run the roads as ex officio road commissioners?
Yes. In this 1989 opinion the Attorney General concluded that a county commissioners court is authorized to set the normal work week, working hours, and holidays for county road employees, even in a c…
Can a county commissioners court fire a member of the county hospital district board and just replace them?
No, not at will. In this 1989 opinion the Attorney General concluded that members of the board of managers of a county hospital district created under article 4494n are public officers who serve a fix…
Is a Texas county liable under the state's high-voltage power line safety law if a county crew contacts an overhead line?
No, not under that particular statute. In this 1989 opinion the Attorney General concluded that a county is not a 'person, firm, corporation, or association' within the meaning of V.T.C.S. article 143…
How are jurors picked and summoned for a Texas justice of the peace court, and can it be done by mail or phone?
In this 1989 opinion the Attorney General laid out the rules. Jurors for a Texas justice of the peace (JP) court are summoned by the sheriff or constable, following the guidelines in the oath the just…
In Texas, who controls bail bonds in a county, the sheriff or the county bail bond board, and how far does the board's power reach?
In this 1989 opinion the Attorney General sorted out the roles. The county bail bond board makes the rules and licenses bondsmen, but its authority is limited to the powers the bail bond statute (arti…
Can a Texas county treasurer charge the county judge a copy fee for records the judge needs to build the county budget?
No. In this 1989 opinion the Attorney General concluded that a county treasurer may not charge the county judge for copies of records the judge needs to prepare the county budget. The law lets the cou…
If a Texas county tax office comes up short and it was not the tax collector's fault, how does the collector avoid having to pay it back?
In this 1989 opinion the Attorney General held that there is exactly one way, and it runs through a courtroom. Under section 6.275 of the Tax Code, a county tax assessor-collector is cleared of person…
In a Texas county, does the sheriff or the commissioners court decide where the justice of the peace office is located?
The commissioners court decides. In this 1989 opinion the Attorney General concluded that the location of a justice of the peace's quarters, where the JP conducts trials and the business of the office…
In a Texas county that lies inside a hospital district, who has to provide health care for the poor, the district or the county?
The hospital district. In this 1989 opinion the Attorney General concluded that when a hospital district is created under article IX, section 9 of the Texas Constitution, the duty to provide medical c…
Can a Texas county change the spot at the courthouse where foreclosure sales are held?
Yes for a permanent change, no for a standing backup. In this 1989 opinion the Attorney General concluded that under section 51.002(a) of the Property Code a commissioners court may formally change th…
Can a Texas county lease out county-owned land with a renewal option, and can it skip competitive bidding?
It can add a reasonable renewal option, but it cannot skip the public auction. In this 1989 opinion the Attorney General concluded that section 263.001 of the Local Government Code lets a commissioner…
When a Texas water control district dissolves, can the county take over its dams and keep the leftover tax money?
Yes, by contract. In this 1989 opinion the Attorney General concluded that Brazos County could contract with a water control and improvement district that was dissolving to continue carrying out the d…
Can a Texas county buy road materials from a single 'sole source' supplier without competitive bids under the court/engineer road system?
No. In this 1989 opinion the Attorney General concluded that under the court/engineer road system (article 6702-1, section 3.211), a county road-material purchase over $5,000 must be made on competiti…
Can a Texas county use the interest earned on its bond money to add to the principal and pay for more construction on the same project?
Yes, in most cases. In this 1989 opinion the Attorney General concluded that under the common-law rule, interest earned on invested bond proceeds is an accretion that becomes part of the principal fun…
In Texas, can a county commissioners court create a single-county underground water conservation district, or only the state water agency?
Only the state agency. In this 1989 opinion the Attorney General concluded that the Texas Water Commission is the only governmental body with jurisdiction to create an underground water conservation d…
Can one person in Texas hold multiple bail bond licenses by running several bail bond companies under different names?
No. In this 1989 opinion the Attorney General concluded that article 2372p-3 (the bail bond act) does not authorize a county bail bond board to grant more than one bail bond license to any person. Onl…
Can a Texas county levy a special tax dedicated to funding its county historical commission?
No, not a dedicated tax. In this 1989 opinion the Attorney General concluded that, without specific statutory authority, a county commissioners court cannot levy a special tax whose revenues are dedic…
Can a Texas county deny indigent health care to someone who does not have a Social Security number?
No. In this 1989 opinion the Attorney General concluded that a county may not deny assistance under the Indigent Health Care and Treatment Act just because an applicant does not have a social security…
Does a Texas county employee who calculates the county tax rate have to be certified as a tax professional?
It depends. In this 1989 opinion the Attorney General concluded that computing a county's effective tax rate under section 26.04 of the Tax Code is an 'assessment' function under the Property Taxation…
Can a Texas county pay its commissioners different salaries, and can a commissioner give part of his salary back to the county?
In this 1989 opinion the Attorney General concluded that a commissioners court may pay commissioners of different precincts different salaries if unusual circumstances reasonably require it and each s…
Can a Texas county bail bond board stop bail bond companies from hiring people with felony convictions?
In this 1989 opinion the Attorney General concluded that a county bail bond board cannot prohibit a licensed bail bondsman from employing people (who are not authorized to execute bonds) just because …
Can a Texas commissioners court put a lower tax cap than the state maximum on the ballot for an emergency services district?
In this 1989 opinion the Attorney General concluded that a commissioners court cannot ask voters to approve an emergency services district with a maximum tax rate lower than the statutory 10 cents per…
Can a Texas county salary grievance committee meet without the county judge, and can it vote behind closed doors?
In this 1989 opinion the Attorney General concluded that a county salary grievance committee's action is not invalid just because a county commissioner, rather than the absent county judge, presided a…
Can a Texas county judge sit on the board of directors of a company that does business with the county?
In this 1989 opinion the Attorney General concluded that public policy prohibits a county judge from simultaneously serving on the board of directors of a corporation that does business with the count…
When a Texas county collects property taxes for a school district or other taxing unit, how much can it charge, and who decides the amount?
In this 1988 opinion the Attorney General concluded that the 'actual costs' a county may charge under section 6.27 of the Tax Code for assessing or collecting taxes for another taxing unit means only …
In a small Texas county, who is responsible for preparing the payroll, the auditor or the treasurer?
In this 1988 opinion the Attorney General concluded that in a Texas county with a population under 500,000, the county treasurer, not the county auditor, is the officer who prepares the county payroll…
Can a Texas county track the phone numbers its employees dial from county phones?
In this 1988 opinion the Attorney General concluded that a device attached to a telephone line that records the outgoing numbers dialed, such as the county's Station Message Detail Recording system, i…
In a Texas county that has a county purchasing agent, who is allowed to buy the county's supplies, and does the $5,000 competitive-bid rule apply to the agent?
In this 1988 opinion the Attorney General concluded that in a county with a county purchasing agent, that agent must make all purchases that are not required to go out for competitive bid; individual …
Does a Texas prosecutor have to use county competitive bidding when spending money from the hot check fund?
In this 1988 opinion the Attorney General concluded no. The 'hot check fund,' built from fees a county, district, or criminal district attorney collects for processing bad checks, is spent at the sole…
If a needy patient is treated at a state cancer hospital, does the county or hospital district have to pay the bill?
In this 1988 opinion the Attorney General concluded no, not on the theory the University of Texas raised. M.D. Anderson can bill a patient's estate or the people legally responsible for the patient's …
Can county commissioners require performance reviews to decide the salaries of the district attorney's staff?
In this 1988 opinion the Attorney General drew a line down the middle. When the county sets its budget, the commissioners court has the final say over the salary figures for the district attorney's st…
Can a Texas county guarantee home loans or housing-finance-corporation bonds for low and moderate income families?
No. The Attorney General concluded a county has no express or implied authority to guarantee mortgage loans made to low and moderate income families, or to guarantee the bonds a housing finance corpor…
Can Bexar County pay its district judges a salary supplement larger than $12,000 a year?
No. The Attorney General concluded Bexar County has no authority to pay district judges a salary supplement of more than $12,000 a year. Government Code section 32.015 sets the supplement at $12,000. …
Can Texas county clerks and school districts store official records only on optical disks instead of microfilm or paper?
Not yet, as of this 1988 opinion. A 1987 law (House Bill 163) let county clerks and school districts adopt optical disk storage, but the Attorney General read it to carry over the same archival-qualit…
Can a bail bondsman post a life insurance policy as collateral instead of cash under Texas bail bond law?
No, not by itself. The Attorney General concluded that assigning a life insurance policy to the county treasurer does not count as a 'cash equivalent' deposit under the bail bond statute (article 2372…
Can a Texas commissioners court require a separate bank account for the county airport fund?
Yes. The Attorney General concluded the Ector County commissioners court may order a separate bank account for the county airport fund created under the Municipal Airports Act (article 46d-11). The co…
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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.