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 city and county combine their plat and subdivision rules into one hybrid set for the city's extraterritorial jurisdiction?
The Attorney General concluded yes. In a municipality's extraterritorial jurisdiction (the unincorporated strip around a city), the city and county have overlapping authority over plats and subdivisio…
Does the Texas DOT have to issue an oversize or overweight vehicle permit if the applicant meets the requirements?
The Attorney General concluded yes, the issuance is mandatory. A 1995 codification of the Transportation Code changed the permit statute's wording from the Department 'shall' issue oversize and overwe…
Does the Texas plain-language loan contract rule apply to bank and credit union loans, or only to Consumer Credit Commissioner loans?
The Attorney General concluded the rule reaches only loans the consumer credit commissioner regulates. Finance Code section 341.502(a) requires that a contract for a Chapter 342 loan, a Chapter 348 re…
Can the Texas Health Care Information Council use confidential or non-public data to prepare its reports?
The Attorney General drew a line between using data and releasing it. The Texas Health Care Information Council collects hospital and provider data, only a stripped-down subset of which (public use da…
Does the Texas ban on hiring former water-board members apply to a board created before the law passed?
The Attorney General concluded the statute did not reach the San Antonio Water System. In 2001, the Legislature added Local Government Code section 402.909, which bars a municipality (or its water-uti…
When does a portable concrete crusher or batch plant need public notice to relocate under the Texas Clean Air Act?
The Attorney General answered several questions about 2001 amendments to the Texas Clean Air Act. The notice exemption in Health and Safety Code section 382.056(r)(1) lets a portable facility relocate…
Can a Texas school district join with cities and counties in a political subdivision corporation to buy electricity in bulk?
Not for a contract worth $25,000 or more over a twelve-month period. The Attorney General concluded that Education Code section 44.031 gives a school district an exclusive list of nine purchasing meth…
Can a Texas city's economic-development sales tax pay for a road to undeveloped commercial property?
It can, if the road promotes business development. Lake Jackson voters approved a half-cent 4B sales tax under the Development Corporation Act of 1979 to fund infrastructure for new or expanded busine…
Where do I file a UCC termination statement in Texas, with the county clerk or the Secretary of State?
With whichever office holds the original. The Attorney General concluded that under Business and Commerce Code section 9.707(e), if a financing statement was originally filed with the county clerk bef…
When you cancel a Texas prepaid funeral plan, do you get back half the earnings on your money?
Only if the plan is trust-funded. The Attorney General concluded that the 2001 amendment to section 154.155(d) of the Finance Code, which lets a purchaser who cancels a prepaid funeral benefits contra…
Which plumbing code applies to new home construction in Texas cities?
The Attorney General concluded that the three 2001 plumbing bills could be harmonized rather than read as canceling each other out. Senate Bill 365 made the International Residential Code the mandator…
Can the Texas Ethics Commission give out campaign finance reports on CD before all candidates have filed?
The Attorney General concluded that Election Code section 254.0401(b) keeps the Texas Ethics Commission from posting an electronically filed campaign finance report on the Internet until every candida…
Can a Texas homeowner opt out of HOA deed restrictions changed under chapter 204?
The Attorney General concluded that a property owner cannot use the chapter 201 'exclusion statement' procedure to keep his property out of deed restrictions that a property owners' association added …
Can city police, not just the county sheriff, serve a mental-health emergency detention warrant in Texas?
The Attorney General concluded that a municipal peace officer, as well as a county peace officer, may execute an emergency-detention warrant under section 573.012 of the Health and Safety Code and tra…
Can a Texas optometric glaucoma specialist use only that title, or must they also list 'optometrist'?
The Attorney General concluded that an 'optometric glaucoma specialist' may not use that phrase as their only professional title. The statute that created the new specialty says such a practitioner 's…
Can a licensed acupuncturist in Texas perform spinal manipulation like Tui Na?
The Attorney General concluded that even if the acupressure technique called Tui Na counts as an 'energy flow exercise,' a licensed acupuncturist administering that exercise is not practicing acupunct…
How must a Texas public funds investment pool like TexPool calculate the maturity it discloses to investors?
The Attorney General concluded that section 2256.016 of the Government Code requires TexPool to calculate the 'maximum average dollar-weighted maturity' of its portfolio using the stated (final) matur…
Which judge is the 'presiding judge' who can appoint a master for a mental-health probable-cause hearing in Texas?
The Attorney General concluded that the 'presiding judge' in section 574.025(c), who may decide to have a probable-cause hearing held before a master rather than a magistrate, is the judge of the cour…
Can a Texas physical therapist license applicant pay the exam fee directly to the exam company?
The Attorney General concluded no. Section 453.202 of the Occupations Code requires an applicant for a physical therapist or physical therapist assistant license to submit the examination fee to the B…
If the tax office never sent the required notice, do I owe years of penalties and interest on my delinquent Texas property tax?
The Attorney General concluded that when a tax collector fails to send the five-year delinquency notice that section 33.04(b) of the Tax Code requires, the property owner is not responsible for any pe…
Can a bingo equipment maker and distributor agree on the price charged to charities in Texas?
The Attorney General concluded that a manufacturer and a distributor of bingo equipment may not agree, expressly or by implication, on the price at which the distributor will sell or lease that equipm…
Can a Texas county clerk charge extra to find records on top of the $1 per copy fee?
The Attorney General concluded that for a request for 50 or fewer noncertified pages located in one (non-remote) building, a county clerk may charge only the statutory $1 per page or part of a page. T…
Can three members of a nine-member Texas state board pass or block a resolution, or does it take a majority of the whole board?
The Attorney General concluded that the 'affirmative vote of at least three directors' language in Agriculture Code section 58.014(b) does not let a three-member minority overrule a majority of the Te…
Does Texas's salary cap on rehired state retirees apply if they did the same work for only part of their last year before retiring?
The Attorney General concluded the section 659.0115 salary cap does apply to a retiree rehired to do work substantially similar to what he did during any part of his last twelve months of state servic…
Can the Texas Ethics Commission release campaign donors' street addresses on a computer diskette?
No. The Attorney General read section 254.0401(e) of the Election Code to bar the Texas Ethics Commission from releasing a campaign contributor's street or P.O. box address by any electronic means, no…
Who has to show proof of selective service registration to get a Texas state government job?
The Attorney General concluded that section 651.005 of the Government Code, which bars a state agency from hiring someone who would be required to register for the selective service unless that person…
Who appoints a Texas county purchasing agent, the commissioners court or a special board?
The Attorney General concluded that the Parker County Commissioners Court was not authorized to appoint a county purchasing agent (or call the position 'agent of contracts' or 'procurement officer') u…
When must a Texas quarry or pit have a safety barrier near a road?
The Attorney General concluded that the Railroad Commission's rule defining an 'unacceptable unsafe location' under the Texas Aggregate Quarry and Pit Safety Act was a valid, reasonable reading of an …
Does a Texas commissioners court have to fill a vacant constable position?
The Attorney General concluded that a commissioners court has no enforceable duty to fill a vacancy in the office of constable. Section 87.041 of the Local Government Code says the court 'may' fill su…
Can a Texas city grant a new tax abatement on property that already had a ten-year abatement?
The Attorney General concluded that a governmental entity may not grant a new tax abatement on property that already received a full ten-year abatement under chapter 312 of the Tax Code, and that the …
Does a company keep its state license when it converts to a different type of business entity in Texas?
The Attorney General concluded that, as a general rule, a state license held by a Texas corporation continues to be held by the new entity when the corporation converts to a different business form un…
Can a Texas city's 4B economic development sales tax be spent on promotion instead of projects?
The Attorney General concluded that sales and use taxes levied under section 4B of the Development Corporation Act of 1979 may only be used to pay or finance project costs. They may not be spent on 'p…
Can a charitable raffle in Texas give away a certificate of deposit as a prize?
The Attorney General concluded that a certificate of deposit may not be offered as a prize at a charitable raffle. The Charitable Raffle Enabling Act bars offering 'money' as a prize, and although a c…
Can a Texas court order the relative a truant child lives with to bring the child to court?
The Attorney General concluded that a court hearing a truancy case may compel a juvenile who lives with a custodian, an adult the child resides with such as an aunt, uncle, or grandparent, to appear b…
Can a Texas city give a tax abatement for moving a building to a new spot on the same property?
The General Land Office asked whether moving a structure from one spot to another on the same property counts as a 'specific improvement or repair' that can support a tax abatement under chapter 312 o…
Does a large Texas city have to spend half its hotel tax on tourism advertising?
The Attorney General concluded that the rule in section 351.103(a) of the Tax Code, which makes a large municipality spend at least half its hotel occupancy tax revenue on tourism and convention adver…
Can a Texas county judge hold a death inquest when the local justice of the peace isn't available?
The Attorney General concluded that no, a county judge could not conduct an inquest. Article 49.07(c) of the Code of Criminal Procedure lists the county judge and other officials who must be notified …
What's the lowest speed limit a Texas county can set on a county road?
The Attorney General concluded that under section 545.355 of the Transportation Code, a county commissioners court could lower the speed limit on a county road or highway, but not below 30 miles an ho…
Can a Texas county use its courthouse security fund to buy clip-on microphones for deputies' radios?
The Attorney General concluded no. Code of Criminal Procedure article 102.017(d) lists the only items a county may pay for from its courthouse-security fund, and clip-on microphones for deputy sheriff…
Can a Texas county add the 15% delinquent-tax collection penalty to property taxes that become delinquent on July 1?
On behalf of the Brazos County Tax Assessor-Collector, the county attorney asked whether the extra penalty that pays for collection-attorney costs (Tax Code section 33.07) reaches taxes that fall deli…
Did a Texas statute expire because the law amending it took effect the day after the expiration date?
Don Gilbert, commissioner of the Texas Department of Mental Health and Mental Retardation, asked the Attorney General whether chapter 597 of the Health and Safety Code expired on August 31, 1997. Chap…
Do Texas disabled parking permits still get free parking, or do drivers have to pay at airports?
In 1995 Texas exempted vehicles displaying a disabled parking permit from parking fees and penalties imposed by any governmental unit. In 1997, House Bill 3025 added a new subsection saying the code d…
Can a Texas auto club pay members back for towing and other costs, or only for legal fees?
The Secretary of State and the Insurance Commissioner jointly asked whether the Automobile Club Services Act (Transportation Code chapter 722) lets an auto club contract to reimburse its members for e…
Can Texas exclude a teacher's driver-education pay when calculating Teacher Retirement System benefits?
A state representative asked whether a 1995 amendment to Government Code section 822.201(c) was constitutional. The amendment excluded payments for teaching a driver education and traffic safety cours…
Can Texas revoke the peace officer license of an elected sheriff or constable?
The Attorney General concluded in 1995 that yes. Two Government Code sections seemed to clash: section 415.060(a) let the state licensing commission set revocation procedures for any license it grants…
Can a Texas alcohol commissioner own a managed investment fund that might hold alcohol-company stock?
The Attorney General concluded that section 5.05(a) of the Texas Alcoholic Beverage Code bars a member of the Texas Alcoholic Beverage Commission from holding stock or any pecuniary interest in a corp…
Does a small Texas water district have to keep customers' addresses and phone numbers private?
The Attorney General concluded that the Franklin County Water District is a 'government-operated utility' under House Bill 859 (codified at V.T.C.S. article 1446h), so it must keep a customer's addres…
Is there an annual gallon limit on a Texas winery's direct sales under section 16.01(d)?
The Attorney General concluded that a winery permit holder selling wine to consumers under subsection (d) of section 16.01 of the Alcoholic Beverage Code (a 1993 provision available to a winery in a c…
When several 1993 Texas bills changed the same truancy-fine law, which fines applied?
The Attorney General concluded that three bills from the 1993 legislative session (House Bill 681, House Bill 1372, and Senate Bill 7) all amended Education Code section 4.25, the compulsory-school-at…
Can a 1993 Texas law stop an economic development corporation from paying a debt it took on before the law passed?
The Attorney General concluded that section 4A(q) of article 5190.6, V.T.C.S., added in 1993, bars a type 4A economic development corporation from assuming or paying down a debt that existed before th…
Can a Texas bar or liquor store owner keep a gun for self-defense?
The Attorney General concluded that a holder of a retail license or permit to sell alcoholic beverages could possess a firearm for self-defense without risking the license. The 1993 amendments (Alcoho…
Can the Texas Board of Health require radiologic technologists to get specialty certificates?
The Attorney General concluded that the Texas Board of Health was authorized, though not required, to adopt rules creating a specialty certification system for medical radiologic technologists (diagno…
Can a Texas city use zoning to control where liquor and package stores open?
The Attorney General concluded that the phrase "on-premise sale" in the Alcoholic Beverage Code's preemption exception (section 109.57(d)(2)) means the sale of alcohol for consumption on the premises,…
Does an off-duty Texas police officer need a private security license to work as a guard?
The Attorney General concluded that the peace-officer exemption in section 3(a)(3) of the Private Investigators and Private Security Agencies Act applied only when the off-duty officer was hired direc…
If two Texas laws define 'gambling device' differently, which one controls?
The Attorney General concluded the two 1993 amendments did not truly conflict. Because Senate Bill 1067 carried its own transition rule (section 13.02) for handling other same-session Penal Code amend…
How many paid vacation days do Texas police officers and firefighters get?
The Attorney General read two vacation provisions in section 142.0013 of the Local Government Code together rather than as a conflict. In a city with a population over 30,000, a firefighter or police …
Can Texas require EMTs and paramedics to pass an exam to keep their certification?
The Attorney General concluded that House Bill 241, passed in 1993, did not strip the Texas Department of Health of the power to require a recertification exam for emergency medical services personnel…
What counts as a 'significant interest' that blocks a Texas school board from contracting with a trustee's business?
The Attorney General concluded that the Legislature did not define 'significant interest' in the 1993 statute (Education Code section 23.201) barring a school board from contracting with a business in…
When two 1991 Texas laws on minority-business contracting goals conflicted, which one controlled cities?
The Attorney General concluded that two 1991 amendments to the same statute conflicted, and that House Bill 338 prevailed, because a special instruction in Senate Bill 992 overrode the usual rule favo…
Can a Texas justice of the peace dismiss a traffic ticket if the driver doesn't finish the required driving safety course?
The Attorney General concluded no. Article 45.54 of the Code of Criminal Procedure, as amended in 1991, made a justice's order to complete a driving safety course mandatory. A justice could dismiss th…
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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.