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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Did the Texas Attorney General say gender-transition procedures on minors are child abuse?
Yes, as a legal opinion. In February 2022, responding to a request from state Representative Matt Krause, Attorney General Ken Paxton issued Opinion KP-0401 concluding that the surgical and chemical p…
Can a part-time assistant county attorney who represents the state in child-protection cases also run a private practice representing parents and children?
Partly. The Burleson County Attorney wanted to hire a part-time assistant whose only job would be representing the Department of Family and Protective Services in county child-protection cases, while …
Can a Texas county sheriff put up warning signs in a state highway right-of-way without TxDOT's permission?
No. The Goliad County Attorney asked whether the county could erect signs in the U.S. Highway 59 right-of-way after the sheriff put up Spanish-language signs warning human and drug traffickers to turn…
Is the Texas Windstorm Insurance Association a state agency barred from using its funds to lobby the Legislature?
Probably not. The chair of the House Committee on Elections asked whether the Texas Windstorm Insurance Association (TWIA) is a state agency subject to Government Code section 556.006, which bars a st…
Can a Texas school district sell alcohol at a banquet hall inside its football stadium when it leases the space for private events?
The AG would not give a yes-or-no. Canyon Independent School District rebuilt a locker-room building at its football stadium and added a second-floor banquet facility (no classrooms inside), which it …
Does the NCAA's transgender student-athlete policy violate Title IX?
The AG's view, with caveats. A state senator asked whether the NCAA's transgender student-athlete policy violates Title IX. As of this 2021 opinion, that policy let a trans female athlete compete on a…
Can a Texas medical residency offer abortion training on an opt-in basis even though ACGME accreditation rules require opt-out?
The AG's view: yes. A state senator asked how Texas medical schools should handle a conflict between a federal nondiscrimination law and a national accreditor's abortion-training rule. The federal Coa…
Can a Texas Type A general-law city disqualify an elected official from office over unpaid utilities or county debts?
The AG's view: mostly no. A county attorney asked whether the City of Cumby, a Type A general-law municipality, could enforce an ordinance disqualifying officials who are 'in default' to the city or c…
Can a Texas county judge keep renewing a local disaster declaration without the commissioners court's consent?
The AG's view: no, not past the first week. A county attorney asked five questions about a county judge's power under Government Code section 418.108 to declare a local disaster. The AG concluded that…
Can a Texas judge refuse a bail bondsman's affidavit to surrender (go off) a defendant's bond?
The AG's view: no. A county attorney asked whether a court has discretion to refuse a surety's affidavit to surrender a bond principal and to make the bondsman show cause first. The practice, called '…
Does a Texas county have to rebid a county facility management contract before renewing or extending it?
The AG's view: not if the contract rests on the county's chapter 319 authority. The Midland County Attorney asked whether a county must follow the competitive procedures of Local Government Code chapt…
Can a Texas county give or sell its county school land to the local school district?
The AG's view: a county cannot give it away, can sell it at fair market value, but the district cannot buy it just as an investment. The Reagan County Attorney asked whether the county could transfer …
How long are the terms of office for a Texas conservation district's board of directors?
Four years, by statute. The Chambers County Auditor asked whether the Trinity Bay Conservation District board could change its directors' terms from two years to four. The 1949 special law that create…
Does Texas's Lone Star Infrastructure Protection Act block Chinese-owned companies from connecting power generation to the state's electric grid?
Generally yes, in the scenarios described. A state senator (the bill's author) asked how the Lone Star Infrastructure Protection Act applies to a proposed wind-generation project in Val Verde County i…
Must a Texas school district accept and spend PTA donations earmarked for extra staff positions?
Yes, when the statute's conditions are met. The chair of the Senate Education Committee asked whether House Bill 1525 requires school districts to accept and spend PTA donations earmarked for suppleme…
Did Texas Executive Order GA-38 give people the right to refuse a local mask mandate?
The AG said yes, presuming the order was valid. In 2021, during the COVID-19 disaster declaration, the Williamson County Attorney asked whether Governor Abbott's Executive Order GA-38 created a right,…
Does a Texas district attorney have to appear when a court modifies an emergency protective order?
No, the DA may appear but is not required to. The Nueces County District Attorney asked whether he must represent the State when a municipal judge, acting as a magistrate, hears a motion to vacate and…
Can a Texas general-law city switch to staggered election terms, and can council members refuse to draw lots?
It depends on whether the city used an ordinance, and council members cannot refuse the lots. The San Augustine County Attorney, for the City of San Augustine (a Type B general-law city with a mayor a…
What is the longest deferred adjudication probation term for a third-degree felony in Texas?
Ten years. The Hood County District Attorney asked whether two community-supervision statutes conflict on the maximum term of deferred adjudication for certain third-degree felonies, those under Title…
Can a Texas legislator be removed from office for walking out to break quorum?
Not by the Attorney General, and not automatically. Representative James White asked, during the 2021 special sessions when House members left the state to deny a quorum, whether a legislator has a co…
Can a Texas officer force entry into a home to serve a parole revocation (blue) warrant?
Yes, within limits. Senator Joan Huffman asked whether a peace officer is barred from forcing entry into a residence to enforce a parole revocation warrant, the warrant often called a 'blue warrant,' …
Did Texas's no-mask-mandate order override the federal mask rules for buses and trains?
The AG could not say for sure that the federal orders won. Representative Senfronia Thompson asked how Governor Abbott's executive order interacted with the federal mask mandate on public transit. The…
Can a Texas city or state agency require an emergency-use COVID-19 vaccine to enter a government building?
No, the AG said. Representative James White asked whether a government jurisdiction could legally condition access to a government facility on receipt of a vaccine issued under an emergency use author…
Does amending an old government contingent-fee lawyer contract trigger Texas's Chapter 2254 approval and fee-cap rules?
It can. Representative Terry Canales asked whether amendments to a contingent fee legal services contract that a political subdivision originally signed before September 1, 2019 must comply with the o…
What counts as 'residency' to run for county attorney in Texas, intent or actually living there?
Both. The Goliad County Auditor asked whether residency to run for county attorney is based on intent or on actually living in the county. The AG explained that the Election Code defines 'residence' a…
Does a county attorney have a nepotism or conflict-of-interest problem if a relative's law firm contracts with the county?
Not under the facts presented, the AG said. The Harris County Attorney explained that his father-in-law owns an interest in a law firm that has contracts with the county to collect delinquent receivab…
Can a Texas constable-elect take office first and get a peace officer license within 270 days?
The AG laid out the framework but left the specific timing to the courts and the facts. The Navarro County District Attorney asked whether a person elected constable may take office immediately and th…
Can a Texas constable who also works as a deputy sheriff be paid overtime, including from a federal Justice Assistance Grant?
Partly yes, and partly not the AG's call. The Dimmit County Auditor asked whether an elected constable who has worked as a sheriff's deputy for two years can receive a deputy's sick leave and vacation…
Can a Texas city impose tougher zoning or permit rules on open-enrollment charter schools than on other public schools?
Generally no, the AG said. Senator Larry Taylor asked about a City of Dallas ordinance that let traditional public schools build in an agricultural district after a lighter residential-adjacency revie…
Can a Texas licensing board discipline a social worker for discrimination based on categories the Legislature did not list in the statute?
No, the AG concluded. The Texas Behavioral Health Executive Council asked whether it had authority for a rule that disciplined licensed social workers for refusing service based on disability, sexual …
Does the Texas Railroad Commission have to address oil and gas equipment noise, like compressor station noise, in its annual plan?
No, the AG concluded. The Freestone County Attorney explained that citizens consider the low-frequency noise from oil and gas compressor stations, gas treating facilities, and pipelines severely harmf…
Can a Texas city require specific paint colors and patterns for buildings, or does the state building-materials law block that?
It depends on the facts, and the AG could not give a yes-or-no answer. The Cameron County District Attorney asked whether Government Code section 3000.002 stops a city from requiring specific paint co…
Can a Texas county sheriff also serve as a city fire marshal at the same time?
Likely yes, the AG concluded. The Burleson County Attorney, on behalf of the county sheriff, asked whether the sheriff could also hold the job of fire marshal for the City of Caldwell without running …
Can a Texas county attorney sue to enforce a plat use restriction without anyone filing a complaint first?
Yes, the AG concluded. The Williamson County Attorney explained that the City of Austin had bought a hotel property in Williamson County to use as a long-term residential facility for the homeless, ev…
Does Texas law keep medical debt off your credit report if your employer's health plan uses reference-based pricing with no provider network?
Likely not, when the plan has no network, the AG concluded. The San Patricio County Attorney asked whether Business and Commerce Code subsection 20.05(a)(5) stops a consumer reporting agency from repo…
Can a Texas city's public improvement district assessments pay the costs of bonds issued by an out-of-state authority?
Mostly the AG declined to decide, because the specific deal turned on reading contracts, but it gave two general rules. The Williamson County Attorney, for the City of Hutto, asked whether public impr…
If a Texas city annexes land inside a county assistance district, does the district lose that territory?
No. The AG concluded that a county assistance district's boundary is fixed as of the creation election and does not recede when a city later annexes overlapping land. Senator Charles Perry asked five …
Do you need a driver's license to drive a golf cart on a public road in Texas?
Yes. The AG concluded that a person must hold a valid Texas driver's license to operate a golf cart on a publicly maintained road open to vehicular travel, even on the limited roads where sections 551…
Could the Texas Public Utility Commission order ERCOT to correct electricity prices after Winter Storm Uri?
The AG concluded that the Public Utility Commission has 'complete authority' under section 39.151(d) of the Utilities Code to oversee ERCOT, and that this authority likely could be read to let the Com…
Could a Texas hospital bar clergy visits unless a patient was facing imminent death during COVID-19?
The AG advised that prohibiting a patient from seeing a member of the clergy except when death is imminent likely violated the Texas Religious Freedom Restoration Act (TRFRA). Representative James Whi…
Can a Texas county pay its court clerks a one-time bonus for extra work they already did?
It depends, and the AG could not give a flat yes or no because the answer turns on facts. The Brown County Auditor asked whether article III, section 53 of the Texas Constitution barred a proposed one…
Can a county judge's brother run for sheriff in Texas?
Yes. The AG concluded that neither the state nepotism statute (Government Code chapter 573) nor the conflict-of-interest statute (Local Government Code chapter 171) bars a county judge's brother from …
During an epidemic, can a Texas school exclude an unvaccinated student over a vaccine unrelated to that outbreak?
Probably not. The AG advised that, read in context, Education Code subsection 38.001(f) likely does not let a school district exclude a student during an epidemic for lacking a vaccine that is unrelat…
When must a Texas county combine separate purchases to reach the $50,000 competitive bidding threshold?
Only in narrow circumstances. The AG advised that the County Purchasing Act's anti-splitting rule, Local Government Code section 262.023(c), forces a county to treat separate, sequential, or component…
Can someone be convicted of a crime in Texas without being present in court?
No, not in the way the question asked. The Bexar County Criminal District Attorney asked the AG two things: whether a criminal district attorney has authority to prosecute federal officials who violat…
Who decides a boundary dispute between two Texas groundwater conservation districts?
A court does, not the Attorney General. A state senator asked the AG to pin down the boundary line in Potter County between the High Plains Underground Water Conservation District and the Panhandle Gr…
Does a city council member have a conflict of interest voting on a county matter if their spouse is the county tax assessor-collector?
No. The Jefferson County Criminal District Attorney asked whether a city council member must recuse from a vote to waive interest on delinquent property taxes when the council member is married to the…
What is the penalty for driving over a weight limit set by TxDOT on a Texas road or bridge?
The lower catch-all penalty, not the steep graduated fines. The Burnet County Attorney asked which penalty applies when a vehicle exceeds a weight limit that the TxDOT executive director sets under Tr…
Does a Texas physician have to supervise a nurse anesthetist (CRNA) who administers anesthesia under delegation?
Not under chapter 157 alone, but other laws can require it. The Texas Medical Board asked whether chapter 157 of the Occupations Code makes a physician supervise a certified registered nurse anestheti…
Can a Texas deputy sheriff also serve on a city council at the same time?
Yes. The Culberson County Attorney asked whether a deputy sheriff could simultaneously serve as an elected alderman of a Type-A general-law city, after a county deputy was elected to the Van Horn town…
Do campaign yard signs trigger Texas's resign-to-run rule and force a city council member out of office?
Probably, if the signs urge voters to elect the official to another office and are posted in public. A state representative, on behalf of the City of Palmview, asked the AG whether a home-rule city co…
Can a Texas city spend hotel occupancy tax money on a public space at an apartment complex?
Probably not, as described. A state representative asked whether a city could pay hotel occupancy tax (HOT) revenue to fund a 'public space' and clubhouse inside an apartment complex, meant to display…
Does a Texas city or county have to give specific reasons when it denies a plat application?
Yes, with citations to law, and a generic denial backfires. Senator Bryan Hughes, who authored House Bill 3167, asked the AG to spell out what local governments must do under the law's plat-approval r…
Does a newspaper report make a Texas pension fund's confidential investment information public?
Not by itself, the AG concluded. The Teacher Retirement System of Texas asked whether confidential private-investment-fund information loses its protection under Government Code section 552.143 once a…
Must the Texas Capitol stay open during a legislative session, and can lawmakers vote remotely?
The AG concluded that the Texas Constitution requires legislative sessions to be open and accessible to the public, so the Capitol cannot be closed to the public while the Legislature is in session, e…
When a Texas local election was postponed from May to November 2020 because of COVID, did the candidate filing deadline reopen?
The AG did not give a yes-or-no answer. After Governor Abbott's COVID-19 disaster declaration let political subdivisions move their May 2, 2020 elections to November 3, 2020, the Secretary of State is…
Who can remove a Texas county auditor, and what process is required?
The AG concluded that the power to remove a county auditor rests within the sole discretion of the district judges who appoint the auditor, but that discretion is not the end of the story. The auditor…
Can a Texas junior college district transfer a museum it owns to a state agency, and under what authority?
Yes, but only under one specific statute. After the Legislature moved jurisdiction over the Star of the Republic Museum from Blinn College District to the Texas Historical Commission (Senate Bill 2309…
Does a Texas peace officer have a legal duty to step in and stop another officer who is using unlawful force?
The AG would not say there is an absolute duty. Representative James White, writing in 2020 as departments adopted policies requiring officers to intervene against colleagues using unreasonable force,…
Can the Texas Appraiser Board let its licensed appraisers skip USPAP standards when doing a federal 'evaluation' instead of an appraisal?
The AG concluded the Board likely cannot. The Texas Appraiser Licensing and Certification Board asked whether it could adopt a rule exempting appraisers it licenses or certifies under Occupations Code…
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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.