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 Texas's juvenile Independent Ombudsman interview and inspect on behalf of youth committed to TJJD who are still sitting in a county detention center waiting to be moved?
Yes. The Office of Independent Ombudsman can interview a child who has been adjudicated for a felony and committed to the Texas Juvenile Justice Department even while the child is held in a county pre…
Can a Texas county clerk spend records management and preservation fees on a project that includes the district clerk's records?
Only partly. The records management and preservation fee a county clerk collects under section 118.0216 may be used only for documents filed and recorded with the county clerk. The clerk cannot use it…
What exactly must a Texas school board vote on to comply with the SB 763 school chaplain law?
The board has to vote on whether to authorize a 'school chaplain position', the substantive role created by SB 763, where the chaplain provides chaplain-related support, services, and programs to stud…
How much of a Texas hospital district's sales-tax revenue can it spend on economic development under a 'one-fourth of one percent' cap?
A small slice, not a quarter. The AG concluded Special District Local Laws Code section 1069.211 lets the Nacogdoches County Hospital District allocate for economic development up to one-fourth of one…
Are court-cost refunds to mental health facilities under Texas law limited to patients who were actually committed?
No, the AG concluded the refunds are not limited to committed patients. Health and Safety Code subsection 571.018(j) makes a judge order a refund of court costs paid or advanced by certain inpatient m…
What counts as an 'excessive discount' on liquor under Texas law, and can a package store be charged for selling too cheap?
Texas law (Alcoholic Beverage Code section 102.07(c)) bars a package store or wine-only package store from allowing an 'excessive discount' on liquor, but neither the Code nor the Texas Alcoholic Beve…
Does the Texas chiropractic board have to revoke a chiropractor's license after certain criminal convictions, or can it choose not to?
It has to, for the offenses listed in Occupations Code section 201.5065. That statute says the Board 'shall suspend' a chiropractor's license on an initial conviction (or initial finding of guilt) for…
Can a Texas county development district add a sixth member to its five-person board of directors?
No. Local Government Code section 383.041(a) says a county development district is governed by a board of five directors appointed by the commissioners court. The district read section 383.048(d), whi…
Can a Texas county use courthouse security funds to buy bullet-proof glass for a district attorney's office in a separate building?
Probably not, if the building has no adjudicators in it. The courthouse security fund (Code of Criminal Procedure article 102.017) may be spent only on security personnel, services, and items 'related…
Can a Texas officer watch other officers' body camera video before giving a statement?
The AG concluded the officer gets to choose. Occupations Code subsection 1701.655(b)(5) requires a law enforcement agency's body-camera policy to entitle an officer to access any recording of an incid…
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…
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…
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…
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…
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…
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…
What counts as 'site improvements' a Texas economic development corporation can pay for?
The AG concluded that 'site improvements' in section 501.103(1) of the Local Government Code should be read to mean an improvement or permanent enhancement that relates to developing the ground on whi…
Can a Texas service contract provider refund the full price without deducting claims already paid?
The AG concluded a court would likely say no. Section 1304.1581 of the Occupations Code makes the deduction mandatory: when a consumer cancels a service contract, the provider must reduce the refund (…
Can jurors donate their jury pay to programs other than juror counseling?
The AG concluded yes. Government Code section 61.003(a)(4) lets a juror donate the daily jury reimbursement to 'any other program approved by the commissioners court of the county, including' a juror …
Is the charter school bond guarantee limit a monthly cap or a cumulative cap?
The AG concluded it is a cumulative cap. Texas uses its permanent school fund to guarantee school district and charter district bonds through the Bond Guarantee Program, which lowers borrowing costs. …
Can a Texas police department require officers to issue a set number of traffic warnings?
It is unsettled, and the AG would not give a firm yes or no. Texas Transportation Code section 720.002 bars a city, county, or state agency from setting quotas for traffic 'citations' or evaluating of…
Does the Texas Comptroller's list of new court costs and fees include non-court fees like a county records-preservation fee?
No. The AG concluded that Government Code section 51.607(a) requires the Comptroller to identify only court-related costs and fees, the kind a court clerk collects from a party in a civil case or a de…
Can the Texas Comptroller write rules to fill a gap in the Major Events Trust Fund law?
No, not a gap like this one. Senate Bill 1678 added a 'largest event' category to the Major Events Trust Fund, the once-a-year event at a Texas venue seating at least 125,000, but the Legislature neve…
What kinds of entertainment projects can a Texas economic development corporation pay for?
It depends on whether the project is like the public facilities the statute lists. The AG explained that Local Government Code section 505.152 lets a Type A economic development corporation fund 'ente…
When does a Texas water authority need county approval to buy groundwater?
Only when it is buying the right to pump, not when it is just buying water. Senate Bill 281 lets the Red River Authority purchase 'groundwater rights' in a county that has no groundwater conservation …
Must a therapist report child abuse that happened to an adult patient years ago?
The Attorney General concluded that chapter 261 of the Family Code does not require a mental health professional treating an adult patient to report abuse or neglect the professional believes happened…
Can a Texas county vote early to appoint an emergency services district board member?
The Attorney General concluded that a county commissioners court may hold its vote to appoint a member of an emergency services district board on a date before January 1, even though the term itself b…
Can the Texas Comptroller refuse to pay unclaimed property proceeds directly to a company that bought the claim?
Most likely yes. The Attorney General did not lay down a flat rule, but concluded that because the Comptroller is the agency charged with enforcing Property Code section 74.501, a court would defer to…
Can a member of a Texas county ethics commission also serve as the review officer on its screening committee?
No. The Attorney General concluded that a member of the El Paso County Ethics Commission may not serve as the review officer on the commission's standing preliminary review committee. The governing st…
Is the Texas Medicaid fraud oversight task force an 'advisory committee' under chapter 2110?
No. The Attorney General concluded that the Medicaid and Public Assistance Fraud Oversight Task Force is not an 'advisory committee' within Government Code chapter 2110, so that chapter's rules do not…
Must a Texas public housing authority reimburse a city or county for services to a housing project?
Not under this statute. The Attorney General concluded that Local Government Code subsection 392.005(b) authorizes, but does not require, a public housing authority to agree to reimburse a municipalit…
Is a Texas notary public a state 'officer' under Government Code chapter 603?
The Attorney General could not say for sure. The opinion concluded that it could not definitively determine whether a notary public is a state 'officer' for purposes of Government Code chapter 603. So…
Does the Texas Ethics Commission have to send a complainant's residency proof to the person they complained about?
Probably not. The Texas Ethics Commission asked whether the document a complainant must attach to a sworn complaint to prove Texas residency or property ownership, such as a paycheck or property tax b…
Can a Texas court order emergency medical treatment of a jail inmate under Health and Safety Code 773.008?
The Attorney General concluded that section 773.008(2) of the Health and Safety Code does not, by itself, give a court of record the authority to order emergency medical treatment of a local jail deta…
What counts as an 'enacted revenue measure' for the Texas State Highway Fund rail appropriation?
The Attorney General concluded that 'enacted revenue measures' in article IX, section 17.10(b)(1) of the 2010-2011 General Appropriations Act means any legislative enactment that provides incoming rev…
Can the Texas Health and Human Services Commission define 'affiliate' by rule for its family planning program?
The Attorney General concluded that the Health and Human Services Commission has authority to adopt a rule defining 'affiliate' for its women's health and family planning demonstration project, even t…
Where does a city's official newspaper need its second-class postal permit in Texas?
The Attorney General concluded that section 2051.044(a)(3) of the Government Code requires a city's designated official newspaper to be entered as second-class postal matter in the county where the ne…
What is the value limit on a house given away as a prize in a Texas charity raffle?
The Attorney General concluded that under the Charitable Raffle Enabling Act, the value of a residential dwelling offered as a raffle prize is capped at $250,000 whenever the qualified organization pr…
Can a Texas abortion facility give the required 24-hour informed-consent information with a prerecorded phone message or a one-way recorded call?
Probably not. The Attorney General concluded that, although the statute's wording is ambiguous, a court would more likely than not read Health and Safety Code section 171.012 to require a live convers…
Can someone who breeds birds, rats, mice, or hamsters to sell to pet shops register their delivery vehicle as a 'farm vehicle' for the cheaper Texas plate?
No. The Attorney General concluded that Transportation Code section 502.163, which lets an owner register a commercial vehicle as a 'farm vehicle' for half the normal fee if it is used only to haul th…
Who decides how much, if anything, the judges who sit on a Texas county juvenile board get paid?
The county commissioners court. The Attorney General concluded that Human Resources Code section 152.0034(b), which says a commissioners court 'may reasonably compensate' each juvenile board member fo…
Can a water company that collects a Texas county's trash fees shut off the customer's water for not paying the solid waste bill?
Yes. The Attorney General concluded that under section 364.034(d)(2) of the Health and Safety Code, a utility company that contracts with a county to collect the fees for the county's solid waste disp…
Does a Texas city need a voter petition before it can hold an election to leave a regional transit authority?
No. The Attorney General concluded that a municipality does not have to receive a petition signed by 20 percent of its qualified voters before calling an election to withdraw from a regional transport…
Does Texas's impact-fee timing rule control a city's fees if the city raised the amounts after June 20, 1987?
Senator Mike Jackson, on behalf of the City of League City, asked whether Local Government Code section 395.016(b), which sets when impact fees adopted before June 20, 1987 may be assessed and collect…
Does the Texas section 133.154 special court filing fee apply to cases filed in a statutory probate court?
Two district attorneys, Susan Reed of Bexar County and John Roach of Collin County, asked whether the special civil filing fee in Local Government Code section 133.154 (added by the 2005 House Bill 11…
Does Texas's evidence-based program rule apply to all DFPS child-prevention services?
The Attorney General concluded that the 'evidence-based' program requirement in section 265.004(a) of the Family Code applies only to Department of Family and Protective Services programs that are 'de…
Can a private Texas college join the tuition equalization grant program if it is accredited by a different agency than public universities?
Representative Jim Pitts and the Higher Education Coordinating Board disagreed over whether Education Code section 61.222 let the Board approve a private college (Dallas Christian College) for the tui…
What does 'district judges trying criminal cases' mean in Texas Government Code section 76.002?
The Gregg County criminal district attorney asked the Attorney General to define the phrase 'district judges trying criminal cases' in Government Code section 76.002, the statute that says those judge…
Do the Texas Recreational Use Statute's liability limits for cities and counties apply to bike facilities, or only skating areas?
A state representative asked whether two subsections of the Texas Recreational Use Statute (Civil Practice and Remedies Code section 75.002, subsections (f) and (g)) applied to a state, county, or cit…
If a Texas county underpaid the statutory salary owed to its county court-at-law judges, must it pay the difference?
The Attorney General concluded that, on the facts presented, Angelina County had not complied with either path the law gives a county that collects the special court fees under section 51.702 of the G…
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 Commission on Jail Standards review a jail's construction blueprints before it is built?
The Attorney General concluded yes. The Commission's duty to inspect a facility and decide where fire sprinkler heads should not be placed includes examining blueprints for a structure not yet built, …
Does a Texas water district's payment to a city for utilities count taxes paid by businesses, not just households?
The Attorney General concluded that while a restaurant is not a 'household user' of water and sewer service, its owner may still be an 'owner of taxable property' under section 43.0761 of the Local Go…
Can the Texas Department of Public Safety require licensing for off-road dirt bike rider training courses?
The Attorney General concluded the Department of Public Safety could not regulate off-road dirt-bike training courses. Its motorcycle operator training program under chapter 662 of the Transportation …
What can a 9-1-1 emergency communication district in Texas legally spend its money on?
The Attorney General concluded that an emergency communication district can spend money on things beyond the specific items the statute lists as allowable operating expenses, because the law says allo…
Who is the 'judicial officer who collected the fees' for Texas time-payment fee funds, the clerk or the judge?
The Attorney General concluded that the 'judicial officer who collected the fees' in Government Code section 51.921(d) is the court clerk who actually receives time-payment fees under subsection (a), …
Did the manufactured housing law give the state housing department power over unlicensed real estate brokers?
The Attorney General concluded that it did not. Section 6A of the Manufactured Housing Standards Act, added by House Bill 1193, does not give the Texas Department of Housing and Community Affairs new …
How does a Texas county split national forest money among its school districts?
The Attorney General concluded that under section 130.906 of the Local Government Code, a county that receives federal national forest revenue must divide the school share among all its school distric…
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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.