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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What can a Texas sheriff legally spend jail commissary money on?
The AG said whether a specific expenditure is proper is a fact question it could not decide in an opinion, so it gave the legal standards instead. Local Government Code section 351.0415 lets a sheriff…
Can a Texas DA require you to give up your right to expunge an arrest to enter pretrial diversion?
The AG concluded yes. Expunction of arrest records is a statutory privilege, not a constitutional right, and Article 1.14 of the Code of Criminal Procedure lets a person waive any rights secured by la…
Can a Texas official appoint a relative to an unpaid volunteer job that only reimburses expenses?
The AG concluded yes. Texas nepotism law bars a public official from appointing a close relative to a position compensated from public funds. But reimbursing a volunteer for the actual expenses incurr…
Does a company still count as a car manufacturer's affiliate if it owns the manufacturer but gives up control?
The AG concluded probably not. Texas law bars a vehicle manufacturer (including any company affiliated with a manufacturer) from owning or controlling a dealership. The DMV Board asked whether a paren…
Can a Texas city's tree removal ordinance be an unconstitutional taking of my property?
The AG concluded it depends on the facts. A municipal tree preservation ordinance is a per se taking that requires compensation if it denies a property owner all economically beneficial or productive …
Does a Texas school district need a tax ratification election if it lowers the total rate but raises the M&O rate?
The AG concluded yes. A school district must hold a tax ratification election whenever it adopts a rate above its rollback rate, and the rollback rate effectively tracks only the maintenance and opera…
Can a Texas charity give away bottles of liquor as a raffle prize?
The AG concluded a court would likely say yes. Two laws were in play: the Charitable Raffle Enabling Act, which lets qualified nonprofits hold raffles, and the Alcoholic Beverage Code. The Act restric…
Can a Texas Ethics Commission member reveal a sworn complaint that is being litigated?
The AG concluded the complaint stays confidential. Under Government Code section 571.140(a), a sworn complaint filed with the Texas Ethics Commission, along with related documents and evidence, is con…
Can the Texas Ethics Commission redact home addresses from campaign finance reports it must post online?
The AG concluded mostly no. Government Code section 552.1175 lets certain people (including some judges) keep their home address and similar personal details out of public records. But the statutes th…
Must a Texas municipal court report a juvenile's drug paraphernalia conviction to DPS?
The AG concluded no, it found no such statute. A municipal court's jurisdiction over juveniles reaches only fine-only offenses, and possession of drug paraphernalia is a Class C misdemeanor punishable…
Can a civilly committed sexually violent predator in Texas vote by mail?
The AG concluded a court would likely say yes. A person who is civilly committed as a sexually violent predator under chapter 841 of the Health and Safety Code keeps the right to vote if he fully disc…
Do new Texas school buildings have to follow the commercial energy conservation code?
The AG concluded a court would likely say yes. Chapter 388 of the Health and Safety Code adopts the International Energy Conservation Code for all 'residential, commercial, and industrial' constructio…
Can I keep my Texas homestead exemption if I move into a senior or care facility?
The AG concluded a court would likely read the statute broadly. A home keeps its residence-homestead character during a temporary absence caused by the owner's residency in a 'facility that provides s…
Who hires staff for a Texas veterans treatment court, the judge or the county?
The AG split the authority. Under chapter 124 of the Government Code, a county commissioners court that establishes a veterans treatment court program can create the staff positions and fund them, inc…
When does a Texas search warrant affidavit become a public record?
The AG read the words literally. Article 18.01(b) says the affidavit 'is public information if executed.' The AG concluded a court would likely hold that an affidavit is 'executed' when it is sworn to…
Can a Texas school district's illegal homestead exemption repeal change its state funding?
The AG said no. In 2015 the Legislature froze local option homestead exemptions at their 2014 level and barred school districts from repealing or reducing them (Tax Code 11.13(n-1)). The education com…
Can Texas deposit sales-tax money into the highway fund after the fiscal year ends?
The AG said yes, through substantial compliance. Article VIII, section 7-c(a) of the Texas Constitution tells the Comptroller to deposit up to $2.5 billion of net sales-tax revenue into the state high…
Are funds a Texas state agency inherits from a dissolved state program 'public funds'?
The AG concluded a court would likely say yes. When the Texas Health Insurance Risk Pool was abolished, the Legislature sent $5 million of its money to the Texas Health Services Authority to use for a…
Who appoints an associate judge for Texas court-ordered mental health cases?
The AG resolved an ambiguity over the words 'county judge.' Health and Safety Code section 574.0085(a) lets 'the county judge' appoint an associate judge to preside over court-ordered mental health pr…
Do Texas election judges have to take the constitutional oath of office?
The AG concluded a court would likely hold that election judges, alternate election judges, and early-voting clerks are public officers under the Aldine test, because they exercise sovereign election …
Does a Texas county attorney who also handles district attorney duties need a separate DA bond?
In Lee County the county attorney prosecutes all criminal cases, doing the work of both a county attorney and a district attorney. The AG concluded that because the Legislature left all of those prose…
Can someone with an out-of-state felony run for office in Texas if their rights were restored?
A former Texas mayor had pleaded guilty to a felony theft in Arkansas decades earlier, but an Arkansas court later terminated his probation under that state's First Offender Act and ordered him releas…
Does a Texas district clerk have to file a grand jury report that isn't an indictment?
A district attorney asked whether grand jury reports prepared as part of investigations into official misconduct under article 2.03 of the Code of Criminal Procedure can be filed with the district cle…
Can the Texas Long-Term Care Ombudsman testify for or against bills at the Legislature?
A House committee chair asked whether the State Long-Term Care Ombudsman may testify 'for' or 'against' legislation, or only 'on' it, given the ethics rules that limit state agencies from lobbying. Th…
Can a Texas county count an official's prior employee service toward longevity pay?
Houston County asked whether longevity pay for officials who used to be county employees, crediting their employee years, counts as forbidden retroactive pay. The AG concluded it does not, as long as …
Who can see criminal records under a Texas nondisclosure order in the clerk's system?
A county attorney was concerned that his county's court records system let the public and all clerk employees view criminal history information that was subject to nondisclosure orders. The AG conclud…
Can Texas hand a private board power to curtail water use, and is that a taking?
A state representative asked whether a proposed Upper San Saba River management plan, which would create a board empowered to order water-use cutbacks during drought, unconstitutionally delegates legi…
Can a Texas reserve deputy sheriff be a surety on a bail bond in his own county?
An Andrews County attorney asked whether a reserve deputy sheriff may sign as a surety on a bail bond in the county where he serves, whether the sheriff may accept such a bond, and whether any other l…
Can a Texas city use hotel occupancy tax money to build and run a performing arts center?
A state representative asked, on behalf of the City of Lakeway, whether a city could use its hotel occupancy tax to pay for a feasibility study and then the construction, operation, and maintenance of…
Can a Texas county attorney get paid extra for acting as a special prosecutor for the district attorney?
A Gaines County auditor asked whether a county attorney appointed by the district attorney to serve as a 'special prosecutor' could be paid an additional $500 for representing the State in district co…
Who handles vehicle registration in Texas, the DMV or the county, and can the DMV hire a vendor to print and mail stickers?
The chair of the House Transportation Committee asked the AG to sort out the relative authority of the Texas Department of Motor Vehicles and county tax assessor-collectors over vehicle registration. …
Can a Texas river authority invest public funds in CDs and deposits backed by FDIC insurance or a federal home loan bank letter of credit?
The president of the San Jacinto River Authority asked whether five specific investments would comply with the Public Funds Investment Act and the Public Funds Collateral Act. The AG stressed that the…
Is forensic evidence from an unaccredited Texas crime lab admissible, and what can the Forensic Science Commission require?
The Texas Forensic Science Commission asked the AG several questions about lab accreditation and the admissibility of forensic analysis. The AG explained that courts, not the AG, decide admissibility,…
Can a Texas district attorney use asset-forfeiture money to buy carpet for a county building, and does the commissioners court have to approve it?
The Bowie County Auditor asked whether the district attorney could use asset-forfeiture funds to replace carpet in a county-owned building and whether the commissioners court had to approve it. The AG…
Can the same person serve on a Texas city council and on the board of an overlapping library district at the same time?
A Tarrant County prosecutor asked whether one person could serve at the same time on the Forest Hill city council and on the board of the Forest Hill public library district, where the district sits i…
Can a doctor of osteopathy sign the medical certificate needed for a court-ordered mental health commitment in Texas?
Two state senators asked the AG whether doctors of osteopathy may issue the certificates of medical examination that chapter 574 of the Health and Safety Code requires before a court can order someone…
Would Texas adopting the ABA's anti-discrimination Rule 8.4(g) violate lawyers' constitutional rights?
State Senator Charles Perry asked the AG whether Texas adopting the American Bar Association's new Model Rule of Professional Conduct 8.4(g), which makes it misconduct for a lawyer to engage in harass…
Can a Texas city police chief also hold the elected office of constable at the same time?
Hardin County Attorney Rebecca Walton asked the AG whether the City of Lumberton police chief, who had just won election as constable of the precinct where the city sits, could hold both positions at …
Can a Texas county attorney require defendants to donate money as part of a pretrial diversion agreement?
The Brown County Auditor and County Attorney asked the AG about the county attorney's practice of requiring accused people to make 'donations' to the office as a condition of pretrial diversion, with …
Can a Texas community college ban concealed handguns in classrooms where minors attend class?
State Representative Abel Herrero asked whether a junior or community college may prohibit concealed handguns in classrooms and other areas where minors attend or are routinely present. The AG said no…
Can the same person serve as both a community college trustee and a county commissioner in Texas?
Brazos County Attorney Rodney Anderson asked the AG whether one person could serve at the same time as a Blinn College board trustee and a Brazos County commissioner, given a 2015 law that let the com…
Who counts early voting ballots in Texas, and what happens if a poll watcher is blocked?
District Attorney Wiley McAfee asked the AG three election questions. On the first, whether electronic voting systems must store a 'ballot image' meeting the Election Code's ballot-form requirements, …
Can a Texas city remove the board member it appointed to a regional water district before the term ends?
State Representative Jim Keffer asked the AG whether a member city of the North Texas Municipal Water District may remove or replace, at its discretion and with or without cause, a director it appoint…
Can a Texas county spend public money on holiday decorations and literacy programs?
Upshur County Criminal District Attorney Billy Byrd asked the AG whether a commissioners court may spend county funds on holiday lighting and decorations for county buildings and on local literacy pro…
When do Texas courts defer to a state agency's interpretation of a statute?
Insurance Commissioner David Mattax asked the AG when Texas courts give deference to a state agency's reading of a statute, and specifically whether a formal notice-and-comment rule carries more weigh…
Can a school board trustee also serve on a city planning and zoning commission in Texas?
Webb County Attorney Marco Montemayor asked the AG whether one person could serve at the same time as a trustee of an independent school district and as a member of a city planning and zoning commissi…
Does a Texas special education video surveillance request cover one classroom or the whole district?
The Texas Education Agency asked the AG how to read section 29.022 of the Education Code, the 2015 law requiring video cameras in certain special education settings on request by a parent, trustee, or…
Is the State of Texas on the hook if a city pension system can't pay its obligations?
State Representative Jim Murphy, chairing the House Corrections Committee, asked the AG whether the State of Texas must assume liability if one of the municipal retirement systems created under title …
Can a Texas county commissioners court set vehicle rules that apply to the sheriff's cars?
A district attorney and the Llano County Attorney asked the AG whether a county commissioners court could adopt a county vehicle policy handbook covering vehicles allocated to the sheriff, and whether…
Can a county attorney's employee serve on a water district board if the attorney represents that district?
The Jim Hogg County Attorney asked the AG whether section 49.052 of the Water Code disqualified one of his office employees, an investigator paid by the county, from serving on the board of a water co…
Can a Texas justice of the peace open court with a prayer or run a volunteer chaplain program?
Lieutenant Governor Dan Patrick and the State Commission on Judicial Conduct asked the AG whether it is constitutional for a judge to open court with prayer and to run a volunteer chaplain program. Th…
Can a private nonprofit that leases city-owned property in Texas ban licensed handgun carry on it?
The Erath County Attorney asked whether a nonprofit with offices on city-owned land could prohibit licensed handguns. The AG concluded that the state law penalizing improper no-gun postings (Governmen…
Can the Texas Lottery Commission deny or revoke a lottery sales agent license because of a gambling offense?
The chairman of the Texas Lottery Commission asked the AG how far the agency's licensing power reached when an applicant or sales agent had gambling problems short of a final conviction. The AG conclu…
How early and how many lease renewal options can the Texas Facilities Commission exercise for state office space?
Representative Angie Chen Button, looking for ways to lower the cost of state office space outside Austin, asked the AG about the limits on the Texas Facilities Commission's power to renew leases unde…
Do planning, zoning, or historic commission members have to recuse themselves when they own property in the district?
Representative Joe Deshotel asked the AG whether Beaumont planning and zoning commissioners, historic landmark commissioners, and a staff person who own or live on property in the city's historic dist…
Can a Texas county pay a nonprofit to display American flags on holidays?
Upshur County's auditor asked the AG whether it was a legal use of public funds for the county to take part in a Rotary Club flag project, in which area businesses pay to have American flags placed in…
Is Texas's 'Any Willing Pharmacy' insurance law still blocked by federal ERISA law?
Senator Charles Schwertner and Representative Todd Hunter asked the AG whether article 21.52B of the Texas Insurance Code, the 'Any Willing Pharmacy' law, is enforceable after the U.S. Supreme Court's…
When can a Texas school board hold a special election to fill a trustee vacancy if no date fits the 180-day deadline?
The Val Verde County attorney asked the AG whether a school district board of trustees could fill a vacancy by special election on a uniform election date that fell more than 180 days after the vacanc…
Is a Texas county school equalization tax an unconstitutional state property tax?
Rusk County and District Attorney Micheal Jimerson asked the AG whether the county's school equalization tax was an unconstitutional 'state ad valorem tax' barred by article VIII, section 1-e, especia…
Can a Texas school district keep student information from parents, and can a superintendent set that policy alone?
Lieutenant Governor Dan Patrick asked the AG two questions about guidelines the Fort Worth Independent School District superintendent adopted in 2016 to address issues facing transgender students. Fir…
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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.