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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If a person held in a Texas county jail dies in a hospital or while on work release, does state law require an independent outside agency to investigate the death?
Not under Government Code § 511.021(a). That statute only forces an outside agency to investigate when the prisoner dies inside the county jail facility itself. But the Commission on Jail Standards st…
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…
How does a Texas appraisal district calculate 'average land value' for a city's parkland dedication fee on new apartment and hotel development?
By area, not by parcel. The AG concluded that a court would likely read Local Government Code subsection 212.209(c) to require an appraisal district to add up the market value of all the land in each …
When is a physician-owned eyewear company exempt from the Texas rules that bar ophthalmic-goods sellers from controlling optometrists?
Only if it stays small. The Texas Optometry Board asked four questions stemming from earlier opinion KP-0297. The AG declined the first three because they were the subject of pending cases before the …
Is a 'skill game' amusement machine illegal gambling in Texas if chance affects how much you can win, not just whether you win?
Likely yes, it counts as a gambling device. Three Panhandle prosecutors asked whether the 'Lone Star Skill Game' offered by Republic Amusements is a gambling device under Penal Code subsection 47.01(4…
Can a company (not just an individual) act as the substitute trustee that runs a mortgage foreclosure sale in Texas?
Yes, a corporate entity can. Senator Donna Campbell asked the AG to clear up confusion about whether a substitute trustee under Property Code chapter 51 has to be a human being or can be a legal entit…
Can a former county judge who retired through TCDRS fill in as a visiting judge when a Texas county judge is absent?
Probably not. Lampasas County asked whether a former constitutional county judge, who retired under the Texas County and District Retirement System but does not meet the Government Code's definition o…
Can a company that owns farmland in a Texas water district send a representative to vote in the district's elections?
Likely no. An LLC that owns irrigable farmland in the Maverick County Water Control & Improvement District No. 1 and uses the district's irrigation water wanted its authorized representative to regist…
In Texas, can an engineer certify a county subdivision plat, or must a registered land surveyor do it?
Both have to sign off on their own parts. Local Government Code section 232.023(b)(1) says a county subdivision plat must 'be certified by a surveyor or engineer registered to practice in this state,'…
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 county court at law judge's minimum salary include the longevity pay a district judge in the county receives?
Yes, the AG concluded. Montgomery County's auditor asked how to calculate the minimum salary of a county court at law judge with twelve or more years of accrued service under Government Code section 2…
Does a Texas professional employer organization (PEO) need a money transmission license to pay its clients' employees?
No, the AG concluded. A professional employer organization, the kind of company that takes over payroll, taxes, benefits, and HR for a client business, is already licensed under chapter 91 of the Labo…
Can a Texas prosecutor's investigator who is not a licensed peace officer carry a gun into a courtroom?
A court would likely conclude that she can, because she is a peace officer, the AG said. A civilian investigator for a prosecutor's office carried a firearm into a district courtroom, and the sheriff'…
How is the 40% judicial-functions test for a Texas county judge's salary supplement calculated, and who checks false claims?
The AG gave two answers. On the calculation question, Government Code section 26.006 lets a county judge collect an annual state salary supplement (18 percent of a district judge's base salary) if at …
Do appraisal district board members in Texas have to take the state's mandatory cybersecurity training for local government officials?
Probably not, the AG concluded. The Hill County Attorney asked whether Government Code section 2054.5191(a-1), which makes a local government require its employees and 'elected officials' to complete …
Can Texas A&M University remove or relocate the Sul Ross statue on its campus on its own?
Not on its own, the AG concluded. Chapter 2166 of the Government Code generally does not apply to projects of state universities, but section 2166.5011, which uses 'notwithstanding any other provision…
Which court can issue a capias in a Texas misdemeanor case, and when?
The articles say who may issue a capias, not when, the AG concluded. Nueces County District Attorney Mark Gonzalez asked whether a trial court can issue a capias (a writ ordering a peace officer to ar…
Can a comparable or practice exam satisfy the test requirement for a Texas bilingual-teacher tuition grant?
No, the AG concluded a court would likely say. The Commissioner of Higher Education asked whether universities could let students qualify for a bilingual-education teaching grant by passing an exam co…
Does the 2019 windstorm-insurance law apply to TWIA's earlier reinsurance, and can its board act with vacancies?
The AG answered the legal questions and declined the factual ones. A state senator asked several questions about whether the Texas Windstorm Insurance Association complied with recent laws. The AG exp…
Can a Texas business claim the disaster property tax exemption for COVID-19 economic losses if its property wasn't physically damaged?
No, the AG concluded. Section 11.35 of the Tax Code gives a temporary property tax exemption for property at least 15 percent 'damaged by the disaster' declared by the Governor. The Chair of the Senat…
Can the Texas Optometry Board still regulate an optometrist who works under a physician's direction?
Yes, in most respects, the AG concluded. Occupations Code section 351.005(a)(2)(B) keeps the Optometry Board from interfering with a physician's right to direct a person under the physician's control …
Does Texas regulate a vehicle depreciation benefit product if you pay for it in cash instead of financing it?
No, the AG concluded. A depreciation benefit product is a vehicle add-on that, after a total loss, pays the buyer a credit toward a replacement vehicle equal to the gap between what they paid and the …
Do Federal Protective Service officers still have arrest powers under Texas law after Congress repealed the old federal statute they were appointed under?
Yes, the AG advised. An El Paso district attorney asked whether Congress's repeal of 40 U.S.C. section 318 stripped Federal Protective Service officers of the arrest and search-and-seizure authority T…
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 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…
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…
Does a Texas county have to pay to defend a judge in a judicial conduct case?
The AG concluded that a court would likely say no. Local Government Code section 157.901 requires a county to represent an official or employee who is 'sued ... for an action arising from the performa…
When did Texas district courts have to start collecting the new $20 electronic-filing fee?
September 1, 2013. House Bill 2302 added Government Code section 51.851, which set new electronic-filing fees, including a $20 fee, after the Texas Supreme Court ordered e-filing for most civil courts…
Can a Texas justice court charge a fee to file a petition for an occupational driver's license?
Yes. After House Bill 438 let justice courts receive these petitions and deleted the word 'civil' from Transportation Code section 521.242(e), Senator-turned-Representative Harold Dutton asked whether…
Do Texas's juvenile misdemeanor record laws conflict, and must those court hearings be closed to the public?
The AG untangled three 2013 laws and said they fit together. The Eighty-third Legislature passed Senate Bill 393, Senate Bill 394, and House Bill 528, all amending the statutes that keep certain juven…
Is it unconstitutional to charge a Texas defendant the court costs in effect on the conviction date instead of the offense date?
No, in the ordinary case. Comptroller Susan Combs asked the Attorney General whether Government Code section 51.608, which says the court costs imposed on a criminal defendant are the amounts in effec…
Does renaming police captains to 'assistant chiefs' change how many a Texas city can appoint?
No. The cap follows the 1983 headcount, not the title. Representative Tracy King asked how many officers a police department head may appoint to the rank just below chief under Local Government Code s…
What is the $20 fee for unpaid county fines on Texas vehicle registration?
The Office of Court Administration asked seven questions about how to apply Transportation Code section 502.010 after two different 2011 bills amended it, one of which simply reenacted the whole statu…
Can a Texas commissioners court change the weekday it holds its regular monthly meetings?
A county district attorney asked whether a commissioners court could change the day of the week it convenes for its regular monthly term during the current fiscal year, after it had already designated…
Can a Texas economic development corporation get its employees health benefits through a government risk pool?
State Senator John Carona asked whether an economic development corporation could cover its employees through a risk pool set up under chapter 172 of the Local Government Code, since those pools are g…
Is a Texas junior college district a 'school district' that can avoid paying city impact fees?
A state representative asked whether a junior college district counts as a 'school district' under section 395.022(b) of the Local Government Code, the provision that lets a school district avoid payi…
Does county civil service protection cover a court investigator appointed by a probate judge in Texas?
The Attorney General concluded that a court investigator appointed by a statutory county probate judge IS covered by the Tarrant County civil service system. Chapter 158 of the Local Government Code m…
Can the surviving spouse of a Texas officer killed in the line of duty buy health insurance if they had not enrolled before the death?
The Attorney General declined to decide this one. Chapter 615 of the Government Code lets an eligible surviving spouse 'purchase continued health insurance benefits' from the deceased officer's employ…
Did HB 3646 require my Texas school district to give me both the state raise and my local salary-schedule step increase in 2010-2011?
Yes, both. The Attorney General concluded that under Education Code section 21.402, as amended by House Bill 3646, a district that had adopted a 2008-2009 local salary schedule had to pay an educator …
Does the Texas law banning transfer-fee deed restrictions wipe out covenants that were already recorded before the law took effect?
No. The Attorney General concluded that Property Code section 5.017(b), which voids deed restrictions and other covenants requiring a fee on a future transfer of residential property, operates prospec…
Is a Texas budget rider that moves money and staff from TxDOT to the new Department of Motor Vehicles a new appropriation?
Probably not. The Attorney General concluded that a court would likely hold that section 17.30(b), article IX of the 2010-2011 General Appropriations Act, which directed the Texas Department of Transp…
Can a Texas city use the fast annexation exception when some tracts in the area have no house on them?
Yes. The Attorney General concluded that Local Government Code section 43.052(h)(1), which lets a city skip the three-year annexation plan for an area containing fewer than 100 separate tracts with re…
Can a Texas county charge a road-cut fee when a company bores under the road instead of cutting through it?
No. The Attorney General concluded that the county road-cut fee in Local Government Code section 240.907 reaches only activities that excavate or cut the surface of a county road. The statute defines …
When must a Texas water utility paint a fire hydrant black under Health and Safety Code 341.0357?
An owner does not have to first test whether a device flows under 250 gallons per minute, the Attorney General concluded. Health and Safety Code section 341.0357 requires painting a hydrant-looking de…
Does a Texas county have to include a district judge's longevity pay when setting a county court judge's salary?
No, the Attorney General concluded. Government Code section 25.0005(a) ties a statutory county court judge's pay to the total annual salary of 'a' district judge in the county, and 'a' means 'any.' So…
Can TxDOT transfer trust money from a state highway fund subaccount to a regional transportation authority?
No, the Attorney General concluded. Transportation Code section 228.012 requires TxDOT to hold comprehensive-development-agreement payments, like the roughly $3.2 billion surplus toll revenue from the…
What gifts can a Texas state board member take from companies that might win a state contract?
The Attorney General read Government Code section 2054.022(a)(7) to bar a board member or the executive director of the Department of Information Resources from accepting money or anything of value, b…
Does adopting collective bargaining (FPERA) change how many assistant fire chiefs a Texas city's fire chief can appoint?
Adopting the Fire and Police Employees Relations Act did not strip the fire chief of the authority to appoint top assistants; it removed the numerical cap on how many he could appoint. Under Local Gov…
Do Texas public schools and charter schools have to offer the elective Bible course?
No, the Attorney General concluded. House Bill 1287 added Education Code section 28.011, which says a school district 'may offer' elective courses on the Hebrew Scriptures and the New Testament and th…
Does a Texas wildlife rehabilitation permit let the holder keep any dangerous wild animal without registering it?
No, the Attorney General concluded. Subchapter E of Health and Safety Code chapter 822 bars anyone from keeping a dangerous wild animal (the list includes tigers, lions, bears, gorillas, and similar a…
Can the board directors of a Texas water authority enroll in the district's employee health care plan?
No, the Attorney General concluded. The Lower Neches Valley Authority is a conservation and reclamation district subject to chapter 49 of the Water Code. Section 49.069(c) lets the board provide hospi…
Can a Texas state agency rule exempt a child-care program from licensing if the statute doesn't list that exemption?
Not to the extent the rule goes beyond the statute. The Attorney General concluded that Chapter 42 of the Human Resources Code bars anyone from operating a child-care facility without a license from t…
When is a wild animal 'previously captured' so that beating or killing it counts as criminal animal cruelty in Texas?
A wild animal counts as 'previously captured' if it was confined against its will at some point before the cruel act. The Attorney General was asked to define 'previously captured' in Penal Code secti…
Can a Texas auto shop put a mechanic's lien on a car it never actually repaired?
No. The Attorney General concluded that Property Code section 70.001(a) gives a possessory lien only to a worker 'who by labor repairs' an article, including a vehicle. If a shop performs no repairs, …
Does a Texas school district's TRS contribution use the teacher minimum salary including the temporary 2006 $250 raise?
No. The Commissioner of Education asked how to read Education Code section 21.402 when calculating a school district's share of the state's Teacher Retirement System (TRS) contribution. Government Cod…
Can people in a needle-exchange program be prosecuted for drug paraphernalia in Texas?
Yes, potentially. In 2007 the Legislature let Bexar County set up a disease-prevention pilot program that could include anonymous exchange of used needles and syringes. But it never wrote any exceptio…
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…
When does a Texas state agency qualify for the natural gas utility assessment exemption?
A state representative asked what triggers the exemption in Utilities Code section 104.202, which bars a gas utility from charging a state agency for a gross receipts assessment, regulatory assessment…
Do U.S. Postal Service inspectors have arrest powers under Texas law?
Yes, for both kinds of postal inspectors. The Bexar County District Attorney asked whether article 2.122(a)(6) of the Code of Criminal Procedure, which gives certain state felony law enforcement power…
Does a new Texas school-district contract ban apply to agreements signed before it took effect?
The Webb County Attorney asked how Texas Education Code section 11.168, which bars a school board from agreeing to use district employees, property, or resources to build or renovate improvements on r…
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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.