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 occupational licensing agency accept an applicant's sworn statement that they have no Social Security number, instead of an actual SSN?
No. Family Code section 231.302(c)(1) requires occupational licensing authorities to request, and each applicant to provide, the applicant's Social Security number. The AG concluded agencies cannot so…
Does a Texas real estate inspector need a plumber's license to do a sewer-line camera inspection?
Likely no, the AG concluded. A real estate inspector's license under Occupations Code chapter 1102 lets the inspector give an opinion on the condition of a home's plumbing systems, and the AG read tha…
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…
Can Texas revoke a company's bingo license because an officer or director has a criminal record?
Not by itself. The AG concluded that Chapter 53 of the Occupations Code does not let the Lottery Commission deny or revoke a corporate entity's bingo-related license based only on a criminal convictio…
Can a Texas bail bondsman swap out the type of collateral backing their license?
The El Paso County Attorney asked whether a county bail bond board could let a licensed bondsman switch part of the collateral backing his license, for example trading some of a cash deposit for a rea…
Does an FAA designated engineering representative need a Texas professional engineer license?
The Attorney General concluded that a person the Federal Aviation Administration appoints as a 'designated engineering representative' (DER) likely does not have to be licensed as a Texas professional…
Can a Texas county bail bond board limit who a bail bondsman is allowed to hire?
No. The Attorney General concluded that the Hunt County Bail Bond Board's Rule 9.1(g), which barred a bail bond licensee from employing anyone currently on probation or parole or facing a pending crim…
Can a Texas residential appliance installer do electrical work on commercial pools?
The Attorney General concluded that a 'residential appliance installer' licensed under chapter 1305 of the Occupations Code may work only on residential pools, those installed as a unit in a single-fa…
In Texas, can a repossession agent do locksmith work without a Private Security Act license, or does the repo exemption only cover work tied to the repossession?
The exemption is broader than just investigation, but it is not unlimited. The Attorney General concluded that the Occupations Code section 1702.324(b)(3) exemption for a person engaged exclusively in…
Can a Texas licensing agency require full information and investigate before issuing a criminal history evaluation letter?
Yes to both questions. A 2009 law (subchapter D of chapter 53 of the Occupations Code) lets a would-be applicant ask a licensing authority, before spending time and money on training, whether a past c…
Can a Texas state licensing agency see criminal records that are sealed by a nondisclosure order?
No, the Attorney General concluded (presuming the agency is not a criminal justice agency). Government Code section 411.081(d) lets someone who completed deferred adjudication get a court order sealin…
Can Texas add to the list of crimes that disqualify teachers from certification?
Yes. The State Board for Educator Certification (SBEC) wanted to amend its rule listing the crimes that can cost an educator a teaching certificate, including offenses on school property and felony DW…
Can a Texas bail bond board grant a temporary license or extension so a surety can keep working after the license expires?
Collin County Criminal District Attorney John R. Roach asked whether a county bail bond board could adopt a local rule that temporarily extends a surety's license past the expiration dates set in Occu…
Can Texas ban mail-order hearing aid sales?
No, those rules are federally preempted. The Attorney General concluded that two Occupations Code provisions, one requiring an audiological evaluation before a mail-ordered hearing aid is fitted (with…
Where can a Texas chiropractic license applicant take their 90 college credit hours?
The Attorney General concluded that Occupations Code section 201.302(a)(3), which requires a chiropractic license applicant to complete 90 semester hours of college courses at 'a school other than a c…
Do apartment maintenance workers in Texas need a pest-control license to spray pesticides on the landscaping?
The Attorney General concluded that under Occupations Code section 1951.051, the Texas Structural Pest Control Board may not require an employee of an apartment building owner to get a license before …
Can Texas's Private Security Board make new alarm installers work under supervision or meet electrical-code standards?
The Chair of the House Public Health Committee asked whether the Private Security Board could adopt two rules for newly registered alarm installers. The Attorney General split the answer. On the first…
Can the Texas Structural Pest Control Board regulate removal of animals like raccoons and squirrels?
The executive director of the Texas Structural Pest Control Board asked whether the Board could regulate (license) people who remove vertebrate animals like armadillos, squirrels, skunks, and raccoons…
Does a bail bondsman's old or out-of-county license count toward their bail bond limit?
The Brazos County Attorney asked whether a bail bond board could count a surety's earlier, expired license toward the limit on how much in bail bonds the surety may write, under Occupations Code secti…
Does the Texas electrical licensing exemption for industrial plants cover contract electricians who aren't direct employees of the plant?
This 2005 opinion declined to say. The AG concluded the exemption's key terms, 'person' and 'private industrial business,' are ambiguous and vague, and whether a specific worker counts as an 'employee…
Can Texas deny a professional or occupational license to someone who refuses to give their social security number for religious reasons?
Yes, according to this 2005 opinion. Requiring a social security number on a license application is a neutral, generally applicable rule tied to child support enforcement, so it does not violate free …
Does a Texas-licensed engineer have to place a Texas seal on plans for a project that will be built outside Texas?
Yes, according to this 2004 opinion. Section 1001.401 of the Occupations Code requires an engineer's seal on every plan, specification, plat, or report issued under a Texas engineering license, with n…
Does a paralegal or legal assistant working under a Texas attorney need a private investigator license to gather evidence or information for a case?
No, according to this 2004 opinion. Because attorneys practicing law are exempt from the Private Security Act, and their employees who investigate on the attorney's behalf are working in connection wi…
If a licensed Texas engineer seals a set of plans but their employer's firm isn't registered with the state engineering board, are the plans still valid?
Yes, according to this 2004 opinion. The Texas Engineering Practice Act ties the validity of a sealed engineering document to the individual engineer's license and seal, not to whether the engineer's …
Does a Texas licensing board have to offer online license renewal even when state law requires applicants to physically submit a paper document, like a health certificate?
Yes, according to this 2004 opinion. The State Board of Barber Examiners must participate in the TexasOnline electronic licensing system because the law requiring participation and the law requiring a…
Can an unlicensed in-house engineer in Texas put 'Engineer' on a business card?
The Attorney General concluded no. Under the Texas Engineering Practice Act, only a licensed engineer may call himself or herself an 'engineer' or use that term as a professional or business identific…
Do you need a funeral director's license in Texas to sell caskets?
The Attorney General concluded a casket is "funeral merchandise" under Chapter 651 of the Occupations Code, but that selling a casket by itself, even for an imminent burial, is not an act of funeral d…
Is a Texas county on-site sewage (septic) system inspector a peace officer?
No. The Attorney General concluded that the designated representative of an authorized agent (here, Hale County) of the Texas Natural Resource Conservation Commission, working under chapter 366 of the…
Can the Texas podiatry board redefine 'foot' by rule so podiatrists may treat the tibia and fibula?
The Attorney General concluded no. Texas law limits podiatry to treating a disease, disorder, injury, deformity, or ailment of the human foot. The Texas State Board of Podiatric Medical Examiners adop…
Can a Texas city hire an independent contractor to do its plumbing inspections instead of a city employee?
The Attorney General concluded that a local plumbing inspector under the Plumbing License Law must be an actual employee of the city or other political subdivision where the inspector works. The job c…
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…
Can a Texas land surveyor submit a competitive bid to a prime contractor on a government project?
The Attorney General concluded that the Professional Services Procurement Act covers any government contract that includes professional services as a component, including services bought through a pri…
Can a Texas county bail bond board consider an independent appraisal of a bondsman's property?
The Attorney General concluded that a county bail bond board may not require a license applicant to submit an independent appraisal of real property pledged as security, because the board cannot add r…
Does a Texas home warranty company need both a Real Estate Commission license and a state licensing department registration?
The Attorney General concluded that two Texas statutes regulate two different kinds of service contracts and do not overlap. Article 6573b (the Residential Service Company Act) requires a license from…
Do Texas manufactured-home dealers and installers need a license to buy refrigerants?
The Attorney General concluded that manufacturers, retailers, rebuilders, and installers of manufactured homes are exempt from the entire Air Conditioning and Refrigeration Contractor License Law (art…
Can a Texas agency require an HIV test to get a professional boxing license?
No, not by rule. The Attorney General concluded that the Texas Department of Licensing and Regulation could not require professional boxing applicants to take an HIV test as a condition of licensure, …
Can a Texas county make a bail bond company post a letter of credit for each agent?
The Attorney General concluded that chapter 1704 of the Occupations Code requires a corporate bail bond surety to furnish one letter of credit to get licensed in a county, and a county bail bond board…
Can the Texas Court Reporters Certification Board reject or penalize a court reporting firm's registration?
No to both. The Attorney General concluded that the Board had a mandatory duty to accept a correctly completed registration application from a court reporting firm; registration just identifies the fi…
Does a Texas funeral home need its own embalming room, and can it hire an embalmer as a contractor?
The Attorney General read article 4582b to require every licensed funeral establishment to have its own on-site embalming room; it cannot satisfy that licensing requirement by designating another busi…
Can the TNRCC require septic-system site evaluators to be certified?
The Attorney General concluded no. Chapter 366 of the Health and Safety Code, which governs on-site sewage disposal systems, expressly authorizes the Commission to regulate two occupations, 'installer…
Can the Texas plumbing board set statewide plumbing codes, and can cities adopt their own?
The Attorney General concluded that section 5B(a) of the Texas Plumbing License Law gives the State Board of Plumbing Examiners express authority to adopt statewide plumbing codes, superseding a 1982 …
Can a lawyer advertise in the bail bond yellow pages without a bondsman license?
The Attorney General concluded yes, at least as a matter of law. Section 15(g) of the Bail Bond Act bars a person from advertising 'as a bondsman' without a license, but a 'bondsman' is defined as som…
Can a licensed chiropractor in Texas practice acupuncture without a separate license?
The Texas State Board of Acupuncture Examiners asked whether a licensed chiropractor could practice acupuncture without holding a separate acupuncture license. The Attorney General concluded that acup…
Can Texas suspend an emissions inspection station's license before a hearing without violating due process?
The Texas Natural Resource Conservation Commission asked whether a federal requirement, that the state immediately and temporarily suspend a vehicle-emissions inspection station's or inspector's licen…
Can a Texas parent teach their teen driver education without a driving-school license?
The Texas Department of Public Safety asked the Attorney General several questions about Senate Bill 964, which let a parent or legal guardian teach a state-approved driver education course to their o…
Can a Texas coach work as an athletic trainer without a license?
The Texas Department of Health asked whether someone whose job title is 'coach,' but whose main duties are working on injured athletes, must be licensed as an athletic trainer. The Attorney General sa…
Can a Texas public school issue driver education completion certificates without DPS approval?
A state senator asked whether the Texas Education Agency must supply driver education completion certificates to a public school whose course was not separately approved by the agency or the Departmen…
Can a Texas acupuncturist call themselves a 'doctor' or 'Oriental Medical Doctor (O.M.D.)'?
The Attorney General concluded in 1995 that a Texas acupuncturist could use the title 'doctor' as long as they followed section 4 of the Healing Art Identification Act, which requires designating the …
Do you need a license to practice psychotherapy, hypnosis, or biofeedback in Texas?
The Attorney General concluded that yes, in 1995, practicing psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback for compensation without a Texas psychology license violated…
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…
Is a Texas day-labor agency that supplies common workers the legal employer who owes them workers' comp and unemployment insurance?
The Attorney General concluded yes. Under article 5221a-10, a 'temporary common worker employer,' meaning a person who provides common worker employees to a third-party user, is the employer of those …
If a care facility voluntarily runs a background check on a licensed nurse and finds a disqualifying conviction, does it have to fire them?
The Attorney General concluded yes. Under section 106.008(a) of the Human Resources Code, a facility that voluntarily obtains a criminal-conviction check of an employee who is 'licensed under other la…
Can a Texas licensing board decide a discipline case on its own after watching the hearing, or must it wait for the administrative law judge's ruling?
The Attorney General concluded that a licensing board required to use the State Office of Administrative Hearings could not make its own findings of fact and conclusions of law, even when a quorum of …
Can a bail bond company hold multiple agent licenses, and does that give it extra votes on the county board?
The Attorney General concluded that the answers split. A corporate surety must get a separate license for each agent it authorizes to write bail bonds, and the board can issue those multiple licenses,…
Can a Texas home-rule city add its own pesticide notice and reporting rules on top of state pest-control law?
The Attorney General concluded it depends on the provision. The City of Greenville's ordinance required 24-hour advance notice of indoor pesticide applications, but the Structural Pest Control Act set…
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…
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…
Do audiology students need a hearing-aid license to make earmold impressions in Texas?
No. The Attorney General concluded that an audiology student at an accredited college or university, who is measuring human hearing as part of the academic curriculum, may make impressions for earmold…
Is it constitutional for Texas to exempt real estate brokers in smaller counties from continuing education?
The Attorney General declined to decide, saying it depends on facts. A 1991 law let real estate brokers licensed 10 years or more, with their principal place of business in a county of 225,000 or fewe…
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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.