State AG Opinions
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Does a Texas commissioners court have to formally decide whether a newspaper is one of 'general circulation' before publishing county notices in it?
The Harrison County Criminal District Attorney asked, with two competing papers each claiming the status, whether the commissioners court had to formally determine which is a 'newspaper of general cir…
Can the Texas Real Estate Inspector Committee hold its meetings by telephone conference call as an advisory board?
The Texas Real Estate Commission's administrator asked whether the Texas Real Estate Inspector Committee and its subcommittees could meet by telephone conference call under Government Code section 551…
Can the Governor's Office of Consumer Affairs investigate someone who's making fake driver's licenses, IDs, or credit cards, when those fake documents are being used in identity-theft schemes?
Yes, but only when the manufacturers are using computers or computer networks. The criminal investigative authority of the Office of Consumer Affairs (OCA) under O.C.G.A. § 10-1-393.5 reaches anyone w…
Can a Texas appropriations rider force a state agency to competitively bid small contracts that general law exempts from bidding?
The State Board of Dental Examiners asked whether a rider attached to its 2006-07 appropriation could require competitive bidding on all of its contracts, no matter how small, when Government Code sec…
Can a sitting school board trustee be appointed to fill a vacancy on the same board in Texas?
A senator asked whether a sitting Schulenburg ISD trustee could vote to appoint himself to fill a board vacancy left by another trustee's resignation. The Attorney General said no. The common-law doct…
Does Texas law bar the Workforce Commission from using block grants to fund certain listed employment programs?
A senator asked whether section 302.062(g) of the Labor Code prohibits the Texas Workforce Commission from using block grants to fund the fourteen programs that subsection lists. The Attorney General …
If a county appraisal district employee marries the county tax assessor-collector, can the employee keep the job?
The Kerr County Attorney asked what happens when a county appraisal district employee marries the same county's tax assessor-collector, who sits on the appraisal district board as a nonvoting director…
Did House Bill 383 ban corporal punishment in Texas public schools?
The Commissioner of Education asked whether House Bill 383, which added Family Code section 151.001(e) listing the persons who may use corporal punishment for the reasonable discipline of a child (par…
Can a Texas school district offer an early-payment tax discount if an appraisal district collects its taxes?
On behalf of the Killeen ISD, a senator asked whether a school district could give its taxpayers an early-payment discount when the district did not collect its own taxes but had contracted with the B…
Can a Texas county clerk charge the court reporter service fee if the court has no official court reporter?
The Rains County Attorney asked whether the county clerk could collect the $15 court reporter service fee in civil cases under Government Code section 51.601 when the county court did not have a full-…
Can a Texas river authority sell surplus land to a neighbor by private sale without public bidding?
The Sabine River Authority asked whether it could sell surplus real property to an adjoining landowner without holding a public sale. The Attorney General said yes. Two statutes were in play: Local Go…
Can a Texas judge sue the county for back pay if it underpaid the salary the law required?
Wise County asked whether a statutory county court judge could recover back pay after the county collected court fees but, for years, failed to raise the judge's salary to the level Government Code se…
If two Texas bills amend the same statute the same session, which version is the law, and did the published code get it right?
The Texas State Board of Plumbing Examiners asked whether the printed Occupations Code had correctly combined two 2003 bills, House Bill 3507 and Senate Bill 282, that both rewrote chapter 1301 (the p…
Can the Georgia Department of Corrections delegate to the Georgia Correctional Industries Administration (GCIA) the management of the new federally-certified inmate labor program (PIE program), or does Georgia law require the Department to run the program itself?
The Department cannot delegate program management to GCIA. The Working Against Recidivism Act (O.C.G.A. § 42-5-120) authorized the Board of Corrections to make rules providing 'for administration and …
Can a Texas city give its employees a pay raise backdated to their last evaluation date?
A Texas House committee chair asked whether the Socorro Civil Service Commission could give municipal employees a pay raise backdated to their last evaluation. The Attorney General said no. Article II…
Can a Texas county give a private pet-license billing company the owner info from rabies vaccination records?
The Harris County Attorney asked whether the county's animal control office had to turn over confidential pet-owner information to PetData, a private company that the City of Houston had hired to coll…
Can a Texas county assess a city's drainage fee on subdivisions in the city's extraterritorial jurisdiction?
The Comal County District Attorney's office asked whether a county could assess a city's drainage charge on land in the city's extraterritorial jurisdiction, either through a 'consolidation' agreement…
Can a Delaware town council privately settle on a budget before the meeting and then just rubber-stamp it during a closed executive session?
No, under the law as it stood in 2005. The AG found the Town of Cheswold violated FOIA when its town manager privately ran the final 2005-2006 budget figures by council members before a July 7, 2005 m…
How must a North Carolina public body enter a closed session, and what records must it keep?
A North Carolina public body must vote in open session on a motion that identifies the legal basis for closing the meeting, then limit the closed session to that purpose. It must reopen for other busi…
Does a Texas DPS peace officer have to take the constitutional oath of office as a 'public officer'?
The director of the Texas Department of Public Safety asked whether DPS peace officers are 'public officers' who must take the constitutional oath of office (Texas Constitution article XVI, section 1)…
When UNC Health Care System (a state entity) and Rex Hospital (a private nonprofit) jointly form a 50/50 LLC to employ shared workers, are those LLC employees considered state employees for retirement-system purposes, and can current state retirees who work for the LLC keep their full state pensions?
No state-employee status for LLC employees, and yes, retirees keep full pensions. The NC AG concluded that a 50/50 LLC between UNCHCS and Rex Hospital is not a state agency, even though UNCHCS sits on…
Can a Texas constable keep the fee for delivering an eviction notice to vacate, on top of salary?
The chair of the Texas House Judiciary Committee asked two things about constables and eviction-notice fees. First, which notices count as 'required by Section 24.005, Property Code'? The Attorney Gen…
Can a Texas city adopt the over-65 and disabled property tax freeze without first giving its own homestead exemption?
A state senator asked, prompted by the City of Windcrest, whether a city that had never adopted its own residence homestead tax exemption could still adopt the 'tax freeze' for disabled and over-65 ho…
Can a Texas home-rule city bar its municipal judge from also serving as a justice of the peace?
A state representative asked, on behalf of the City of Pleasanton, whether a home-rule city's charter rule against dual office holding could stop a municipal judge from also serving as a county justic…
Does a Texas county election commission have to follow the Open Meetings Act?
The Titus County Attorney asked, for the county commissioners court, whether a county election commission (the small panel that hires and oversees a county elections administrator) has to follow the O…
Can a Texas county auditor also work as the accountant for a county emergency services district?
The San Jacinto County criminal district attorney asked whether the county auditor could also be hired as the accountant for the county's emergency services district (ESD), given the auditor's oversig…
What did Idaho's AG say about the proposed 'Residential Property Tax Relief and Bonding Act' that would have capped property tax at 1% and required a two-thirds vote for state revenue increases?
The AG flagged multiple constitutional and operational defects: the 1% cap had no implementation mechanism (echoing prior 1978, 1991, and 1996 AG opinions on similar proposals), the value-base distinc…
Georgia added a 5% surcharge on top of any fine for a 'traffic law' violation. Does that surcharge apply only to the 'rules of the road' violations in Title 40 Chapter 6 (speeding, running stop signs), or does it also apply to other traffic-related offenses like driving with an expired tag or no proof of insurance?
It applies to all traffic-law violations, not just Chapter 6 of Title 40. The phrase 'traffic laws' in O.C.G.A. § 15-21-179 has no limiting language. Georgia courts and prior AG opinions have read 'tr…
Can a Texas county repair a subdivision road or a private road, and does the road become a county road?
The San Jacinto County criminal district attorney asked whether the county could repair three kinds of roads (a public subdivision road, a public neighborhood road, and a private road) and whether rep…
Could Maine's legislative program-evaluation office (OPEGA) lawfully review confidential child protective services case files held by DHHS?
The Maine AG concluded that OPEGA's program-evaluation function fit within the audit exceptions in both federal child-protection confidentiality statutes (42 U.S.C. § 671(a)(8)(D) and 42 U.S.C. § 5106…
Can the Texas Legislature allow county video-lottery gaming districts without amending the constitution?
Senator Jane Nelson asked whether a 2005 bill (Senate Bill 1326) could have worked without a constitutional amendment. The bill would have let counties vote, county by county, to create 'gaming distri…
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…
What was wrong with the longer 'Tax Accountability' property tax initiative filed in August 2005, the second '1%' tax cap proposal of that year?
The AG concluded the 6,500-line initiative was unimplementable as written. Three sections set conflicting one-percent caps with three different definitions of 'market value'; the value-base distinctio…
When New York state agencies hire Cornell University to provide training programs through Cornell's state-funded 'statutory colleges,' is that a state-to-state interagency agreement or a state-to-private-party contract requiring Comptroller approval?
Contracts, not MOUs. Cornell University's four statutory colleges (Veterinary Medicine, Agriculture and Life Sciences, Human Ecology, Industrial and Labor Relations) are hybrid entities, part of SUNY …
Was it legal for NC legislative leaders to direct how millions of dollars in 'Reserve Fund' grants got distributed by executive branch agencies, after the regular appropriations process was over?
The NC AG concluded that the Reserve Fund process described by the State Auditor did not clearly violate the state Constitution or N.C.G.S. § 143-16.3, but flagged that the practice contravened legisl…
Can a city's term limits count service from before the term-limit rule was adopted?
The Alvin City Attorney, through the Brazoria County criminal district attorney, asked the Attorney General three questions about the term limits in Alvin's city charter, including whether council and…
Do elected-but-not-sworn directors count toward a quorum under the Texas Open Meetings Act?
State Representative Robert Puente asked whether two people who won a special election to the Bexar Metropolitan Water District board, but whose elections had not been certified and who had not taken …
Can a private association of public officials pay its outgoing president?
The Kerr County Attorney asked whether the $5,000 the County and District Clerks Association of Texas traditionally pays its outgoing president is an illegal honorarium or gift under the Penal Code, s…
Can a New York county open county roads to ATV use to connect with town roads already open to ATVs, or to reach private trails and parking lots?
Three answers. A municipality may open a highway to ATV use only when necessary to access an adjacent trail or area, with proper findings. Town highways previously opened to ATV use do not count as 'a…
Can Delaware council members who are sued individually meet privately with the county attorney about their defense strategy?
Yes, according to this opinion. FOIA authorizes a public body to discuss pending litigation strategy with its attorney in executive session when an open meeting would hurt its litigation position, and…
How does a Texas county split funds with a new hospital district that covers only part of the county?
Liberty County asked the Attorney General how to divide county money with the newly created Liberty County Hospital District No. 1, which sits inside the county but does not cover all of it. Under Hea…
Can a Delaware town withhold months of executive session minutes just by labeling the sessions Personnel and Legal Issues?
No, under the law as it stood in 2005. The AG found the Town of Middletown had no lawful basis to withhold months of executive session minutes, since most of what its council actually discussed behind…
Can a Texas state agency board delegate authority to approve an interlocal contract?
The Texas A&M University System asked whether the Interlocal Cooperation Act (Government Code chapter 791) lets a state agency's governing body delegate the authority to approve an interlocal contract…
If a board member develops a conflict of interest after a contract is signed, is the contract still valid?
The Texas A&M University System asked whether its pre-existing contract with a law firm became invalid after a person who joined the A&M Board of Regents then became a partner in that firm. The Attorn…
Can two neighboring county attorneys appoint each other as assistant county attorneys?
The county attorneys of Jeff Davis and Presidio counties, each a one-lawyer office, asked whether they could appoint each other as unpaid assistant county attorneys so a neighbor could cover criminal …
Can a constable investigate a crime anywhere in the county, or only in their own precinct?
A Tyler County prosecutor asked whether a constable can investigate a crime that did not happen in the constable's view, and whether that authority covers the whole county or only the constable's prec…
Can a county commissioner also serve as a paid municipal judge in a city in the same county?
The Bell County Attorney asked whether a county commissioner could be appointed, for pay, as the municipal judge of a city in the same county and hold both jobs at once. The Attorney General concluded…
What does 'citizen of Texas' mean for the veteran tuition exemption in Texas?
A state senator asked the Attorney General to settle how to read the 'citizen of Texas' requirement in the veteran tuition exemption, Education Code section 54.203, which colleges and the Higher Educa…
Can a Delaware town discuss ordinary contracts, tax delinquencies, and town hall space in a closed personnel-and-legal executive session?
No, under the law as it stood in 2005. The AG found the Town of Dagsboro violated FOIA by discussing six of eight matters, zoning-compliance procedures, two ongoing contracts, town hall space, tax del…
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…
Can a Delaware county council add a contract vote and an executive session to its agenda at the start of the same meeting?
No, under the law as it stood in 2005. The AG found Sussex County Council violated FOIA by adding both a fence-contract change order and a request for an executive session on land acquisition to its a…
Does a New York state legislator have to give up the legislative seat to serve as an officer in the New York Guard? And can the legislator accept the state pay for guard service?
Yes to both. Article III, § 7 of the New York Constitution makes a legislator who accepts a state civil or military office vacate the seat, with an exception for 'a member of the national guard or nav…
Can a Texas county take a private subdivision road into its county road system by accepting a gift?
Landowners on a private subdivision road, Lynnwood Lane, offered to give Waller County an easement or deed and the materials to fix the road up if the county would take it into the county road system.…
Can the same person serve as assistant fire chief of a New York fire district and also as the paid firehouse maintainer?
No, the positions are incompatible. Town Law § 176-a(1) makes the fire chief responsible for supervising all officers and employees of the fire department, and the assistant fire chief exercises the c…
Can a New York town replace the town board's power to fill an elective-office vacancy by appointment with a requirement that a special election be held?
Yes. Town Law § 64(5) gives the town board power to fill a vacancy in an elective town office. Under Municipal Home Rule Law § 10(1)(ii)(d)(3), the town can supersede that with a local law requiring a…
Can a New York town adopt a local law making zoning violations subject only to fines (no jail), even though Town Law § 268 says zoning violations carry potential jail time of up to six months?
Yes. Under Municipal Home Rule Law § 10(1)(ii)(d)(3), a town's supersession authority lets it override Town Law § 268 in its local application. Removing the imprisonment possibility for first and seco…
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…
Could a Wyoming county commission appoint a 'special prosecutor' to assist the elected county and prosecuting attorney while keeping that attorney under the commission's supervision, and could the elected county attorney's father be hired into that position?
No on both counts. Attorney General Patrick Crank concluded that the Big Horn County Commissioners had no authority to manage or supervise an attorney prosecuting criminal or juvenile cases, that auth…
If a school district calls a special meeting without explaining why it skipped the normal notice period, can re-voting at a later regular meeting fix the problem?
Yes, under the law as it stood in 2005. The AG found the Woodbridge School District violated FOIA by not explaining in its June 13, 2005 special meeting notice why it couldn't give the normal seven da…
Can a Delaware police department withhold its internal operations manual and checkpoint procedures from a FOIA request by citing officer safety?
Partly, according to this opinion. A police department's checkpoint guidelines were exempt from FOIA because releasing them could expose law-enforcement tactics and endanger officers, but the index (t…
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