State AG Opinions
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Can Texas revoke a manufactured home's title statement if it was moved without paying property taxes?
The Hunt County Attorney asked whether the state housing department must revoke a manufactured home's 'statement of ownership and location' when the home is moved out of the county without paying the …
Can a home-rule city's voters change the city's election date by charter amendment after the state deadline?
After the San Marcos City Council used a state-law window to move the city's general elections from May to November, the Hays County District Attorney asked whether the city's voters could later chang…
After the U.S. Supreme Court's Kelo decision allowed economic development takings, what limits did Maine law place on eminent domain, particularly for residential property?
The Maine AG explained that Kelo v. New London set a federal floor for eminent domain, not a ceiling. Maine's Constitution had its own public-use plus public-exigencies test, and Maine statutes alread…
Can a Delaware school district withhold job interview scoring sheets from a FOIA request to protect the applicants' privacy?
Yes, according to this opinion. Even though FOIA's personnel-file exemption doesn't technically apply to job applicants, the AG found a common-law privacy exemption protects interview panel scoring sh…
Can a single person serve on a New York town zoning board of appeals and also work as the ZBA's secretary, when the secretary is hired by the board itself?
No, not under the circumstances here. The ZBA selects its own secretary annually. Under the Wood v. Whitehall public-policy rule, a board cannot appoint one of its own members to another position abse…
Can a Texas nonprofit give a savings bond or prepaid card as a charitable raffle prize?
A county attorney, on behalf of a hospital that runs an annual fundraising raffle, asked whether the Charitable Raffle Enabling Act lets a nonprofit award savings bonds or prepaid bank credit cards as…
How must a Texas county account for and spend the excess court-cost contributions the state returns to it under Government Code 26.008?
A county auditor asked whether Government Code section 26.008 requires a separate fund and budget for the excess court-cost contributions the state comptroller returns to the county each year, what th…
Is the 1838 Live Oak Treaty between the Republic of Texas and the Lipan Apaches still a binding agreement?
A state senator asked whether the 1838 Live Oak Treaty, signed by the Lipan Apaches and the Republic of Texas, is still binding. The Attorney General concluded it likely is not. After Texas joined the…
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…
Can a Texas water district director who owns a real estate, development, or construction business have a conflict of interest?
The board of the Bandera County River Authority and Groundwater District asked whether directors who own (or whose close relatives own) real estate, property-development, or construction businesses ha…
Can a Delaware county council go into a closed executive session to hear its attorney's report on pending lawsuits before voting to shift budget money to legal fees?
Yes, under the law as it stood in 2005. The AG found New Castle County Council's Administrative-Finance Committee lawfully met behind closed doors to hear the County Attorney's report on funding needs…
Can a member of a small-city school board in New York also serve as 'city supervisor' to represent the city on the county board of supervisors?
Yes, the two positions can be held together. Education Law § 2502(7) bars a member of a small city (under 125,000) school board from holding 'any city office.' But a city supervisor's only role is to …
Can a Texas justice of the peace use a standing pool of volunteers to fill juries when summoned jurors don't show up?
A district attorney asked whether a justice of the peace could set up a standing pool of qualified volunteers for jury duty, after only four of seventy-five summoned citizens showed up for a recent ju…
Are autopsy and post-mortem reports public records in Delaware, or can police withhold them under FOIA?
No, they're not public. This opinion held that post-mortem reports prepared by Delaware's Chief Medical Examiner are exempt from FOIA as investigative files, and that a police department that merely r…
Can a Texas bar or restaurant with a liquor license legally host a Texas Hold'em poker tournament?
An Ector County district attorney asked whether a business with an on-premises alcoholic beverage permit could host a Texas Hold'em poker tournament under two setups. The Attorney General drew a line …
If a board member has to abstain over a conflict of interest, can they still sit in on the closed meeting about it?
A state senator asked, in connection with a groundwater conservation district, how conflict-of-interest law and the Open Meetings Act apply to a water board whose member also ran a company seeking a p…
Does starting a planning commission meeting an hour early, then rushing the final council vote onto the agenda, void a subdivision approval in Delaware?
Yes, under the law as it stood in 2005. The AG found the City of New Castle violated FOIA when its Planning Commission met an hour earlier than the publicly noticed time to recommend a subdivision, an…
Do lawn sprinkler and landscape lighting installers in Texas need a criminal background check?
A county attorney asked whether the background-check requirement that Texas imposes on 'in-home service companies' and 'residential delivery companies' (Civil Practice and Remedies Code chapter 145) a…
Can a Texas county put its criminal-fine collections under the county treasurer instead of the county clerk?
A county attorney asked whether the commissioners court could create a collections department, staffed by the county treasurer's deputies acting as cashiers, to collect criminal fines, costs, and fees…
Does federal law override Texas's law that fines railroads for blocking a crossing for more than 10 minutes?
A group of Texas county and district attorneys asked whether federal law overrides section 471.007 of the Transportation Code, which makes it a misdemeanor (a fine of $100 to $300) for a railway compa…
How much can a Texas court clerk charge to file a nondisclosure petition after deferred adjudication?
The Office of Court Administration asked the Attorney General two things: what fee a court clerk could charge to file a petition for an order of nondisclosure (a petition that seals certain criminal r…
Could Maine's Legislature pass a statute prohibiting local citizen-initiated ordinances from applying retroactively to land use projects that already had permits?
Likely unconstitutional. The Maine AG concluded that LD 1481's provision preventing citizen-initiated municipal ordinances from applying to construction projects that had already received local permit…
Can a Texas sheriff take money from a jail inmate's commissary account to pay for damage they caused?
The Texas Commission on Jail Standards asked whether a county sheriff may deduct the cost of damage to jail property from the commissary (trust) account of a prisoner who has been found liable for tha…
Can a Texas county sheriff also serve on the school board of a district in the same county?
State Representative Dennis Bonnen asked whether the Sheriff of Chambers County could also serve as a trustee of the East Chambers Independent School District, which sits in the same county. The Attor…
Can a Delaware city interview finalists for a lobbyist contract in a closed executive session the way it would for a job applicant?
No, under the law as it stood in 2005. The AG found the City of Newark violated FOIA by holding two closed executive sessions to interview and compare two outside firms competing for a lobbying servic…
Can a New York village set up a parking permit system so that on-street parking near a public school is reserved for school employees during the school day?
Yes. VTL § 1640(a)(22) authorizes a city or village to set aside on-street parking 'in designated areas reserved for public business at or adjacent to a government facility.' The statute is not limite…
When a minor in New York is caught with alcohol with intent to consume, who can prosecute the case: the town attorney, or only the district attorney?
Section 65-c is a criminal offense. ABC Law § 65-c bars minors under 21 from possessing alcohol with intent to consume and is punishable by a fine, alcohol-awareness program, or community service. Des…
If DC tried to ban the sale of M-rated and AO-rated video games to minors based on the ESRB rating system, would that violate the First Amendment?
Yes. Then-Attorney General Robert J. Spagnoletti concluded the bill could not survive First Amendment review. Video games are protected speech, and the bill restricted that speech based on content. Ty…
If an Idaho creditor follows Regulation B's spousal-signature rules and only the applicant spouse signs, can the creditor still collect against community property after divorce or the death of the borrower?
The opinion concluded creditors face significant collection risk if they make individual loans to married Idaho borrowers without obtaining the spouse's signature. Under Twin Falls Bank & Trust v. Hol…
Could the Oregon DAS Risk Management Division provide liability insurance to the bistate Columbia River Gorge Commission and its members?
Yes, if Risk Management determined that doing so was 'necessary or desirable for the efficient operation of state government' under ORS 278.405(1). The 2005 AG opinion concluded that ORS 278.405(1) ga…
Does the Texas Insurance Code apply to a county's self-funded employee health plan?
The Harris County Attorney asked whether the county's self-funded employee medical plan (set up under Local Government Code section 157.101, administered by a third party) is governed by the Texas Ins…
Are the NC Department of Health and Human Services and the Department of Juvenile Justice and Delinquency Prevention 'local educational agencies' under No Child Left Behind, so that the schools they operate inside their facilities qualify for the LEA-tied federal funds?
No. Neither DHHS nor DJJDP is an LEA. They are State agencies that happen to operate schools inside residential and detention facilities, not local entities controlling or serving public schools withi…
What does the Oregon Watershed Enhancement Board have to do as the single 'administering' agency for Measure 66 lottery money, and can its board members be sued personally if they follow a budget bill that turns out to be unconstitutional?
OWEB has to oversee the spending of every dollar of natural resources lottery money for the Article XV, § 4b purposes (watersheds, salmon, fish and wildlife habitat, water quality), even when the legi…
Can Texas officials get around the Open Meetings Act by discussing business in small groups instead of a full quorum?
A district attorney asked the Attorney General to interpret section 551.143 of the Open Meetings Act, which makes it a crime for members of a governmental body to knowingly conspire to circumvent the …
When a Texas police officer returns from military leave, can the officers who moved up be returned to their old ranks?
State Senator Troy Fraser asked, for the City of League City, what happens to a chain of police promotions once an officer comes back from military leave. A lieutenant deployed to Afghanistan on milit…
Can a New York city enact a juvenile curfew, and can it punish parents (with a fine or jail) when their child violates it?
Two-part answer. (1) Yes, a city may enact a juvenile curfew under its home-rule police power, provided the law is substantially related to an important governmental interest under intermediate scruti…
What did Idaho's AG say about a 2005 ballot initiative to amend Idaho Code § 49-445 (motor vehicle registration)?
The AG cleared the proposed initiative as raising no significant legal issues. Initiative legislation is on equal footing with bicameral-passed legislation and so can amend a statute. The certificate …
Did Oregon's prevailing wage law apply to a low-income housing project just because Oregon Housing & Community Services made the construction loan?
No. The 2005 AG opinion concluded that the standard OHCS division-10 loan program for low-income, multi-unit housing did not turn the project into a 'public works' under ORS 279C.800(5). OHCS neither …
Can Texas's Treasury Trust Company accept cash as collateral in a repurchase agreement?
The Texas Comptroller asked whether the Texas Treasury Safekeeping Trust Company, which invests state funds and the TexPool local-government investment pool, may enter into repurchase agreements (shor…
Could Maine constitutionally make 'the depicted minor was not real or not a minor' an affirmative defense the defendant has to prove in child-pornography cases?
The AG concluded that LD 548's proposed affirmative defense was unconstitutional. Federal due process requires the State to prove every element of a crime beyond a reasonable doubt, and Maine's posses…
Who has authority to prosecute someone whose dog attacked a person under New York's dangerous-dog law: the town attorney, the district attorney, or anyone? And can the dog-bite victim get money damages in that proceeding?
Mixed answer. A town attorney can bring civil dangerous-dog proceedings under Agriculture and Markets Law § 121 (and § 119 civil penalties) on the town's behalf. Criminal prosecutions for dog-law viol…
Can a Delaware public body vote in public to hire one of two final job candidates without naming them at the time of the vote?
No, under the law as it stood in 2005. The AG found the New Castle County Council's Personnel Committee did not violate FOIA by voting in open session to hire Candidate A over Candidate B for counsel …
Does a Delaware town have to release a public employee's draft contract before it is finalized?
Not while it is still a genuine working draft, but according to this opinion, once a town council votes at a public meeting to approve the contract, even subject to further legal review, it becomes a …
Can the Texas Lottery Commission sell its promotional merchandise to the public?
The Texas Lottery Commission hands out branded promotional goods (koozies, T-shirts, scratch-off coins, ornaments, towels, sports bags) to lottery players and retailers, and it asked whether it could …
Can a Texas county official suspend an employee with pay?
A Brooks County official (the sheriff, who also served as tax assessor-collector) suspended a deputy with pay after the deputy was indicted, even though the office had no written policy on paid suspen…
Can a Texas school district build on leased private land and lease out its unused land?
The Port Neches-Groves ISD wanted a 50-year (renewable to 100-year) deal with Huntsman Petrochemicals: lease Huntsman's land for $1 a year to build schools on it, and in return let Huntsman use a trac…
Can a Texas economic development corporation pay for road or highway construction near its industrial park?
The Athens Economic Development Corporation, a 4A corporation funded by city sales-tax money, owns an industrial park reachable only by one farm-to-market road. The Texas Department of Transportation …
Can a Texas county improve and assess costs for a subdivision road that is partly inside a city and partly in its ETJ?
Residents of the Skyview Subdivision in Caldwell County asked the county to bring their road up to county standards, maintain it, and bill the cost to property owners under Transportation Code chapter…
Do public members of a Texas state board or commission get paid a daily per diem for their service?
The Commission on State Emergency Communications, which oversees Texas's 911 system, has five members appointed to represent the general public. Its executive director asked the Attorney General wheth…
Who owns Oregon's rivers and lakes, and when can the public use a waterway whose bed is privately owned?
Oregon owns waterways that were tidally influenced or 'title-navigable' (capable of supporting trade and travel) at statehood in 1859. Even when the streambed is privately owned, the public may still …
Is it constitutional for Texas to make overlapping appraisal districts tax a property at the lowest appraised value?
When a property sits in two or more appraisal districts at once (which happens when a taxing unit crosses county lines), Tax Code section 6.025(d) tells the chief appraisers, if they cannot agree on a…
Who actually runs Georgia elections, the Secretary of State or the State Election Board (which the Secretary chairs)? When the Board issues a directive that conflicts with how the Secretary's office operates, who wins?
Both have distinct roles, and neither controls the day-to-day operations or substantive policy of the other. The Secretary of State is a constitutional officer with the primary responsibility for mana…
After the 2004 NC law that pushed the school year between August 25 and June 10, which schools still get to operate outside those dates as 'modified calendar' schools, and how does the 5-day reduction in the school year affect teacher and staff pay?
A school qualifies for the 'modified calendar' exception only if (1) it operated under a calendar different from its district's regular calendar during 2003-04, AND (2) that calendar actually required…
Can a towing company appeal a municipal-court magistrate's probable-cause decision after a Texas nonconsent tow hearing?
No. GA-0316 concluded that a municipal-court magistrate's probable-cause determination in a chapter 685 nonconsent tow hearing was final because the legislature had not authorized an appeal. The proce…
If a New York village regulates anchoring, mooring, and dock construction in waters off its shoreline, but the town owns the underwater land, can the town also require its consent before someone builds a dock or drops an anchor?
Yes. A town that owns underwater lands (here, the Town of Huntington, holding them under colonial patents) retains property rights subject to the public trust and to riparian access. Village regulator…
If a New York city alderman sues another city official and takes private donations to cover the legal bills, do those donations count as 'gifts' the alderman must disclose?
Yes. Donations given to a city alderman to cover personal legal expenses in a lawsuit he brought against another city official are 'gifts' under General Municipal Law § 805-a. That section bars accept…
If a city council member raises an off-agenda topic during the public comment portion of a meeting, can the council act on it right then?
No, and that's what Dover correctly did, under the law as it stood in 2005. The AG found the City of Dover did not violate FOIA when a councilman raised pension plan investment concerns during the cou…
Does a Delaware county council have to explain why it amended a meeting agenda to name a specific employee in a personnel matter?
No, under the law as it stood in 2005. The AG found New Castle County Council did not violate FOIA when it called a special meeting about its County Auditor on roughly 32 hours' notice, since the noti…
If Delaware council members privately agreed how to vote before a public meeting, who has to prove it happened?
The person alleging the secret meeting has to come forward with real evidence, not just suspicion, that a quorum actually met; only then does the burden shift to the public body to prove no FOIA viola…
Does a Texas city that limits police tow fees have to follow the state tow-fee study law?
Transportation Code section 643.204 says a city that 'regulates' nonconsent tow fees must set up a procedure letting towing companies request a tow-fee study, and must set the allowed fees at fair val…
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