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 licensing board charge a fee that its governing statute does not specifically authorize?
The Attorney General concluded that it cannot. The Board of Licensure for Nursing Home Administrators wanted to collect a $10 fee for each participant in continuing-education courses approved for cred…
Can a Texas city use sales-tax money to pay for a homestead exemption instead of lowering the property tax rate?
The Attorney General concluded that a city may not. An additional sales and use tax adopted under Tax Code section 321.101(b) must be used first to reduce the property tax rate, and a homestead exempt…
Can a Texas agency block state payments to someone who owes it fees?
The Attorney General concluded that the Texas Surplus Property Agency could use Government Code section 403.055 to collect unpaid service-and-handling charges by asking the Comptroller to withhold sta…
Is school bus fuel tax-free in Texas if a private contractor runs the buses?
The Attorney General concluded that the Tax Code's gasoline-tax exemption for fuel sold 'to a public school district in this state for its exclusive use' does cover fuel a district buys directly and h…
Can a Texas doctor waive your copay or deductible if they take an insurance assignment?
The Attorney General read section 4(c) of Insurance Code article 21.24-1 narrowly. The sentence saying a provider 'may not waive copayments or deductibles by acceptance of an assignment' was not a fla…
Does a Texas state agency have to fire a worker on injury leave past 12 months?
The Attorney General concluded that the Texas Department of Health did not have to fire an employee just because a work-related injury kept them on unpaid leave longer than 12 months. The General Appr…
Can a Texas county cut off a worker's supplemental injury pay after promising it?
The Attorney General concluded that the Lavaca County Commissioners Court could not use a 1991 order to cap the supplemental injury payments owed to two employees who were hurt before 1991 under a 198…
Can off-duty Texas police officers work school security as a side job?
The Attorney General concluded that article XVI, section 40 of the Texas Constitution, which bars one person from holding two 'civil offices of emolument,' does not as a matter of law stop off-duty ci…
Who controls the breakage money from greyhound racing bets in Texas?
The Attorney General concluded that all of the 'breakage' (the leftover odd cents from pari-mutuel payouts) that section 6.09(d) of the Texas Racing Act assigned to the greyhound side, the 50 percent …
Can someone keep a Texas peace officer license after a felony conviction is set aside or dismissed?
The Attorney General concluded that a felony conviction disqualified a person from being a Texas peace officer or county jailer, and that probation, dismissal of the indictment, release from penalties…
Can a former Texas utility regulator go to work for a company the PUC regulates?
The Attorney General concluded that the Public Utility Regulatory Act's one-year revolving-door ban (section 6(i) of article 1446c) kept a former PUC employee from being hired by a public utility he h…
Can a Texas probation department hire a relative of a district judge without breaking the nepotism law?
The Attorney General concluded that when the director of a community supervision and corrections department (the local probation agency) hires a person related within the third degree to a district ju…
Can a Texas board member attend an open meeting by video instead of in person?
The Attorney General concluded that the Open Meetings Act did not let a member of the Alcoholic Beverage Commission (or any governmental body subject to the Act) who could not attend a meeting in pers…
Are interns in Texas's nursing-home ombudsman program protected from lawsuits like the certified volunteers?
Clarifying an earlier opinion (DM-173), the Attorney General concluded that people serving the three-month internship in the Texas long-term-care ombudsman program are, like certified volunteer ombuds…
Which businesses must follow Texas's extra licensing rules to run a home health agency?
Answering the Texas Department of Health, the Attorney General read the home-health-agency licensing statute (Health and Safety Code section 142.005) broadly. First, the extra application requirements…
How does a Texas county assess subdivision road-repair costs, and what can it charge property owners?
Answering follow-up questions about article 6702-3 (the law letting a county fix subdivision roads and bill the property owners), the Attorney General concluded: a county must propose a separate asses…
If a Texas recess appointee quits and is replaced before the Senate meets, does the old name still go to the Senate?
Answering the chair of the Senate Nominations Committee, the Attorney General concluded that when a governor appoints someone to a state office while the Senate is in recess, that first appointee resi…
Can a Texas city or county invest public money in mutual funds that hold only government adjustable-rate mortgages?
Answering the chair of the House Financial Institutions Committee, the Attorney General concluded that the Public Funds Investment Act (V.T.C.S. article 842a-2) lets cities, counties, school districts…
Can Texas require nursing home license applicants to disclose their past record?
Answering Lieutenant Governor Bob Bullock, the Attorney General concluded that the Texas Board of Health had legal authority to adopt proposed rules requiring a nursing-facility license applicant to d…
Does a Texas child accused of truancy get a court hearing and a lawyer?
Answering the Harris County District Attorney, the Attorney General reached three conclusions about truancy cases under the Family Code. First, section 54.021 does not require a juvenile court to hold…
Where does a Texas county's vehicle registration fee go, and can the county spend it on anything it wants?
Answering a question from Cameron County, the Attorney General concluded that the whole $1.90 vehicle-registration fee a county tax assessor-collector keeps from each registration receipt, including t…
Must the Texas Low-Level Radioactive Waste Disposal Authority charge fees that cover interest on state money it borrowed?
The Attorney General concluded that sections 402.272(a), 402.2721, and 402.273(b) of the Health and Safety Code require the Texas Low-Level Radioactive Waste Disposal Authority to set its planning-and…
Can a Texas state agency buy fire or property insurance for its own buildings?
The Attorney General concluded that a Texas state agency may not purchase property insurance to cover its buildings unless the legislature specifically authorizes it, and the Texas Surplus Property Ag…
Is Texas prekindergarten part of the public free schools, and which four-year-olds can enroll?
Answering questions the U.S. Department of Education needed for federal impact-aid eligibility, the Attorney General concluded that Texas's prekindergarten program under Education Code section 21.136 …
If a Texas tax-foreclosure sale brings in more than the taxes owed, how do you claim the leftover money?
The Attorney General concluded that under Tax Code section 34.04 a person claiming the surplus left over after a tax-lien foreclosure sale does not have to file a new, separate lawsuit. The claimant i…
Can a Texas home-rule city set up a nonprofit corporation to issue bonds for a community project?
The Attorney General concluded that the City of Texas City, a home rule city, could sponsor a non-profit, no-share corporation organized under the Texas Non-Profit Corporation Act to issue bonds and r…
Does Texas's retirement system pick specific insurance vendors for state-employee payroll deductions, or just types of coverage?
The Attorney General concluded that under V.T.C.S. article 6813g the Employees Retirement System of Texas (ERS) must designate supplemental optional benefits programs (things like permanent life, cata…
How does a Texas bank recover franchise taxes it overpaid, and can the state offset what the bank still owes?
The Attorney General answered several questions from the Comptroller about refunding franchise taxes that banks had paid before a string of court losses showed the tax had been collected unlawfully. T…
Can a Texas government board meet privately with outside companies to hear presentations without giving public notice?
This opinion overruled Attorney General Opinion DM-17 (1991). The Attorney General concluded that after the 1987 amendments to the Open Meetings Act, a 'meeting' subject to the act includes a briefing…
Do city employees in Texas who spray for pests need a structural pest control license?
The Attorney General concluded that after the legislature deleted the old blanket exemption for government and educational employees, a city employee who engages in the business of structural pest con…
In an old Texas workers' comp claim, who pays for a medical exam the board orders, the state or the insurance company?
The Attorney General concluded that the Industrial Accident Board and its successor, the Texas Workers' Compensation Commission, had long read former article 8307, section 4(a) to make the state agenc…
Does property the state seizes and forfeits in a Texas drug or crime case still owe property taxes?
The Attorney General concluded that real property forfeited to the state under chapter 59 of the Code of Criminal Procedure is exempt from ad valorem (property) taxation, under Tax Code section 11.11,…
If a Texas city or school district leases out property it owns to private businesses, does it still get a property tax exemption?
The Attorney General concluded that public property keeps its ad valorem tax exemption only if it is still held and used primarily for a public purpose. Leasing public property to a private party does…
When a Texas county redraws its commissioner precincts, do the boundaries of a hospital district tied to those precincts move too?
The Attorney General concluded no. The Hamilton County Hospital District's enabling legislation described its boundaries as coextensive with Hamilton County commissioners precincts 1, 2, and 4. When t…
Can a Texas city set up an economic development program and sell bonds to pay for business incentives?
The Attorney General concluded that section 380.001 of the Local Government Code, which lets a city establish programs (including loans and grants of public money) to promote economic development, is …
Do Texas retirement systems have to follow the disadvantaged-business contracting rules when they hire investment brokers and advisers?
The Attorney General drew a line. Contracts for investment counseling or investment advice are excepted from House Bill 799 (the 1991 law amending article 601b that asks state agencies to help disadva…
Can a Texas county make its courthouse and other county buildings smoke-free?
The Attorney General concluded that yes, a county commissioners court is authorized to regulate smoking within and on county property, including creating a smoke-free environment or designating restri…
Can a Texas city require its own license to sell tobacco, on top of the state permit, to crack down on sales to minors?
The Attorney General concluded no. Sections 154.101(h) and 155.041(h) of the Tax Code say that permits to engage in business as a tobacco retailer (and as a distributor, wholesaler, or bonded agent) '…
Can the Texas Workers' Compensation Commission release or destroy minor injury reports where the worker missed no work?
The Attorney General concluded several things. The Commission did not have to collect or keep employer reports of 'no lost time' (NLT) injuries (where the worker missed a day or less) and could reject…
Does time in a court-ordered drug treatment facility count toward your prison sentence if your probation is later revoked in Texas?
The Attorney General concluded that it does not. Under the version of Penal Code section 12.422 in effect in 1992, a court could order an eligible defendant to serve two separate periods: first, six m…
Does a Texas city, county, or other local government have to carry workers' compensation insurance for its employees?
The Attorney General concluded that yes, under the workers' compensation laws as rewritten in 1989, a political subdivision must provide workers' compensation coverage for its employees. It can satisf…
Can a Texas community college borrow money against its delinquent maintenance taxes to fix up an old building on campus?
The Attorney General concluded that a junior (community) college district had the same authority as an independent school district, under section 20.45 of the Education Code, to pledge its delinquent …
When does a Texas teacher returning from temporary disability leave have to be put back to work?
The Attorney General concluded that section 13.905(e) of the Education Code required a school district to put a teacher returning from a leave of absence for temporary disability back on active duty n…
Can Texas DPS ask on a driver's license renewal whether you've had a problem with alcohol or drugs?
The Attorney General concluded that a question on the Texas Department of Public Safety's driver's license renewal form, asking whether the applicant had ever 'had a problem, been arrested or hospital…
Can the Texas State Board of Education lend out permanent school fund securities to earn a return?
The Attorney General concluded that article VII, section 5(d) of the Texas Constitution, added in 1987, gives the State Board of Education broad authority to make any prudent investment in managing th…
Can a Texas county clerk charge a fee to release a judgment paid into court under section 31.008?
The Attorney General concluded that a county clerk could not charge a filing fee for executing or preparing a release of judgment under section 31.008 of the Civil Practice and Remedies Code, because …
Are volunteer nursing home ombudsmen in Texas protected from lawsuits for their work?
The Attorney General concluded that volunteer ombudsmen, and the citizens' organizations that take part in the state long-term care ombudsman program, are immune from civil liability and criminal pros…
Can a Texas county vote to adopt a modified version of the Optional County Road System?
The Attorney General concluded that a petition asking for a county election to adopt the Optional County Road System (V.T.C.S. article 6702-1, chapter 3, subchapter C) is invalid if it materially chan…
Can a Texas county education district offer a discount for early property tax payment?
The Attorney General concluded that a county education district could adopt the early-payment property tax discounts in section 31.05 of the Tax Code, but only if every taxing unit that collected the …
If a Texas optometrist co-owns optical shops at several locations, do the Optometry Act's anti-control rules apply to them?
The Attorney General concluded that anyone with an ownership interest in a business that sells ophthalmic goods (glasses, frames, contact lenses) is a 'retailer of ophthalmic goods' under the Texas Op…
Can a private subdivision control boating and fishing on its own canals in Texas?
The Attorney General concluded that waterways built for a private subdivision are still 'public waters' under the Water Safety Act (chapter 31 of the Parks and Wildlife Code) when their only source of…
Are the names of early in-person voters public before election day in Texas?
The Attorney General concluded that the names of people who vote early by personal appearance become public immediately when they vote, and their release is not held back by section 61.007 of the Elec…
Can a state agency like TxDOT join a protest against a city zoning change?
The Attorney General concluded that the Texas Department of Transportation, as an owner of real property in its right-of-way, may be counted among the owners of 20 percent of the immediately adjoining…
How much can a Texas district clerk charge for uncertified copies of court records?
The Attorney General concluded that section 9(d) of the Open Records Act does not set the charges for copies of judicial records held by the district clerk, because the Open Records Act does not apply…
Can a Texas school district set its own financial standards for surety bond companies?
The Attorney General concluded that under article 5160 and article 7.19-1 of the Insurance Code, as amended in 1991, a school district may not require corporate sureties to be solvent enough to issue …
Does a Texas constable have to serve civil process from a federal court?
The Attorney General concluded that a county constable is not required by section 86.021 of the Local Government Code to serve civil process issued by federal courts in his official capacity. The stat…
Does the nepotism law apply to a city housing authority's executive director?
The Attorney General concluded no. The Texas nepotism statute (article 5996a) reaches only officers who have the authority to hire personnel. Under chapter 392 of the Local Government Code, the power …
Where must Texas asset-forfeiture money be deposited, the county treasury or somewhere else?
The Attorney General concluded that forfeiture funds distributed under article 59.06(c) of the Code of Criminal Procedure, whether to the office of the attorney representing the state (usually a distr…
Can a licensed engineer who is not an architect design a public building in Texas?
The Attorney General concluded that section 16 of article 249a does not bar a registered professional engineer, licensed under the Texas Engineering Practice Act (article 3271a), from preparing the pl…
Do nonvoting ex officio members count toward a state board's quorum?
The Attorney General concluded that ex officio, nonvoting members of the Texas Board of Licensure for Nursing Home Administrators are not counted in deciding whether a quorum is present. The quorum is…
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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.