State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a North Carolina judge let a Level 1 or Level 2 DWI defendant serve the mandatory jail time at home on electronic monitoring instead of in the county jail?
No. N.C.G.S. § 20-179(g) and (h) required Level 1 DWI defendants to serve at least 14 days and Level 2 defendants at least 7 days of imprisonment, either as part of an active sentence or as a special …
Does a Texas county official have to follow a grand jury's recommendation, like one about using a bank night depository?
No. In this 1989 opinion the Attorney General concluded that a grand jury recommendation about the tax assessor-collector's use of a bank's night depository is not binding on that official. A grand ju…
Does a Texas real estate agent or seller have to tell buyers that a previous occupant of the house had AIDS or HIV?
No, and in fact they cannot. In this 1989 opinion the Attorney General concluded that the federal Fair Housing Amendments Act of 1988 treats HIV as a handicap and makes it a discriminatory housing pra…
If the Supreme Court overturned Roe v. Wade, would Maryland's old, dormant abortion restrictions automatically come back into force?
In a 1989 opinion, Maryland's Attorney General concluded that if Roe v. Wade were overruled, Maryland's unrepealed abortion statutes (restricting when, where, and under what conditions an abortion cou…
How many members of a Texas state board or council do you need for a quorum, and does it count empty seats?
A quorum is a majority of the number of members the law provides for, not a majority of the members currently appointed. For the 23-member Council on Disabilities in this 1989 opinion, that meant 12 m…
Must a Texas corporation give a discharged employee a written statement of the true reason for termination?
Not while Saint Louis Southwestern Ry. v. Griffin remained controlling. The Attorney General predicted that a modern Texas Supreme Court would uphold the service-letter statute under article I, sectio…
Could the Texas Water Commission create a municipal utility district that excluded mineral estates more than 300 feet below the surface?
No. The Attorney General concluded that chapter 54 did not let the Texas Water Commission approve an initial municipal utility district boundary that excluded mineral estates below 300 feet. A distric…
Does a Texas state agency need an asbestos license to have its own workers remove asbestos from its buildings?
Yes. In this 1989 opinion the Attorney General concluded that when a state agency removes or encapsulates asbestos from a public building, it is 'engaged in the business of removing asbestos' under ar…
Can a Texas county pay employees a merit raise retroactively, back to when the money was first budgeted?
No. In this 1989 opinion the Attorney General concluded that article III, section 53 of the Texas Constitution bars a county from making employee salary increases retroactive. Even though the commissi…
Does a Texas school board have to put an employee's name in the public meeting notice when it will hear that employee's grievance in a closed session?
Ordinarily yes. In this 1989 opinion the Attorney General advised that a school board's posted notice must fully disclose the subject of the meeting, and that it should ordinarily include the name of …
Can Idaho counties spend boat-registration money on roads, restrooms, picnic areas, or campgrounds at a lake?
Mostly no for the County Vessel Fund: it pays only for water-based recreational boating improvements (docks, ramps, pumpouts, trailer parking) and boating law enforcement. The State Waterways Improvem…
Does a Texas county have to pay for office space for the county surveyor outside the courthouse?
Only under set conditions. In this 1989 opinion the Attorney General concluded that a county must follow section 23.016 of the Natural Resources Code, which requires the commissioners court to pay ren…
Can a state financial regulator subpoena a bank's records when examining a savings and loan, or does the bank-secrecy law block that?
It can. In this 1989 opinion the Attorney General advised that the disclosure restrictions in the Texas Banking Code (article 342-705), which normally let a bank refuse to hand over a customer's recor…
Is the state Centennial Commission on the hook if a local committee's centennial picnic causes injuries or runs up unpaid bills, and are the volunteers personally liable?
Generally no on both counts. Local centennial committees were appointed by counties and run independently, so neither contract nor tort claims would normally reach the state Commission. The Commission…
Can a Texas city ban bicycles from riding on a state road or highway that runs through town?
It depends on the road. In this 1989 opinion the Attorney General advised that a Texas municipality clearly may prohibit bicycles from limited-access or controlled-access highways (like a freeway), be…
Can a North Carolina town pass a land-use ordinance requiring all construction drawings to be sealed by a licensed engineer, blocking licensed architects from submitting drawings?
No. The Town of Carrboro had a land use ordinance requiring all construction drawings to be prepared and sealed by a licensed professional engineer. As applied to exclude licensed professional archite…
If a Texas county closes its county hospital, can it still change who qualifies for county-funded indigent health care?
Yes. In this 1989 opinion the Attorney General concluded that a county that has closed its county hospital may still use section 61.063 of the Indigent Health Care and Treatment Act to make its eligib…
Could a Maryland court legally alternate hiring between Black and white applicants to make up for past discrimination in its workforce?
In a 1989 opinion, Maryland's Attorney General concluded that the Circuit Court for Baltimore City's 1976 policy of alternately hiring qualified Black and white applicants was an unconstitutional raci…
If I work for a Texas state agency, does stock I got through a former job's pension plan, or a relative's business stake, create a conflict of interest?
It depends on whose interest it is. In this 1989 opinion the Attorney General advised the Department of Information Resources that stock an employee acquired in a former employer through a pension or …
Can the North Carolina ferry system sell souvenirs like T-shirts, jackets, hats, coffee cups, and post cards at its onboard concessions?
No. The AG concluded that G.S. 136-82 limited the Department of Transportation's ferry concessions to 'food, drink, other refreshments, and personal comfort items.' Reading 'personal comfort items' ag…
Can a small Texas town pass an ordinance banning boats from dragging fishing nets in the public water inside its city limits?
Yes. In this 1989 opinion the Attorney General concluded that the Village of Tiki Island could adopt an ordinance prohibiting the towing or dragging of nets in designated public waters within its corp…
Can a county reclassify an existing county road so a rancher can put gates across it to graze livestock?
No. In this 1989 opinion the Attorney General concluded that a commissioners court has no authority to reclassify a second-class county road as a 'neighborhood road.' State law only allows a neighborh…
If a New Jersey worker is fired or refused a job because of a drug addiction, are they protected by the state's anti-discrimination law? What if they're using illegal drugs right now versus in recovery?
It depends on illegal drug use. The Law Against Discrimination protects 'handicapped' people, and addiction can qualify as a handicap. But the Attorney General concluded that the protection does NOT e…
Could Maryland's Racing Commission let a harness track move its race dates to a track in a different county?
In a 1989 opinion, Maryland's Attorney General concluded that the Racing Commission could authorize a licensed harness racing association to transfer its race meet to a track in a county where another…
If a disaster strikes inside an Idaho city, can the county sheriff or county commissioners take charge under the county's emergency plan?
No, not unilaterally. The Idaho Constitution (art. 12, § 2) keeps counties out of incorporated cities' affairs. Counties must plan for disasters, cities are only encouraged to. When an emergency happe…
Can the Texas Racing Commission change the rules so a thoroughbred's 'breeder' award goes to the owner at foaling instead of at conception?
No. In this 1989 opinion the Attorney General concluded that the Texas Racing Commission has no authority to disregard or rewrite the statutory definition of 'breeder' for thoroughbreds. The Texas Rac…
Did Maryland's country club tax break ban men-only tee times and grill rooms, or just discrimination in granting membership itself?
In a 1989 opinion, Maryland's Attorney General concluded that the antidiscrimination condition attached to the state's country club property tax preference, TP §8-214(a), barred discrimination in memb…
Can a Maine deputy sheriff or other law enforcement officer also serve as a notary public, given the constitutional rule against one person exercising powers of more than one branch of government?
AG Tierney concluded yes, in 1989. Earlier AG opinions barring dual notary/law-enforcement service had relied on the period (1905-1981) when notaries could exercise justice-of-the-peace functions. The…
Does a Texas homeowner lose the home-security insurance discount if an exterior door has glass panels, and which agency decides these rules?
No, glass panels do not automatically disqualify the door. In this 1989 opinion the Attorney General concluded that an exterior door may have glass panels and still qualify a home for the homeowners-i…
When someone tries to title a salvage vehicle in North Carolina that already has a branded title from another state, who has to prove the vehicle would qualify for an unbranded title in the original state, and can North Carolina ever issue an unbranded title if the original state has no procedure to remove the brand?
The applicant must supply vehicle-specific evidence that the originating state would issue an unbranded title for that exact vehicle (a copy of the state's statute or regulation, or a written statemen…
Could the Texas Racing Commission make rules allowing betting on horse or dog races shown by simulcast from another track?
No. In this 1989 opinion the Attorney General concluded that the Texas Racing Act did not authorize pari-mutuel wagering on simulcast race events (races run at one track and broadcast to another), and…
When a Texas county builds a farm-to-market road, does the state have to pay most of the cost of buying the right-of-way?
No. In this 1989 opinion the Attorney General concluded that farm-to-market roads are not 'state highways' for purposes of the statute (section 4.301(c) of article 6702-1) that requires the state to p…
When does dividing land outside city limits in Texas require the owner to file a plat?
Only when the division also lays out streets, alleys, squares, parks, or other parts for public use. In this 1989 opinion the Attorney General read Local Government Code section 232.001(a) so that sim…
Who decides whether inmates can smoke in a Texas county jail, the sheriff or the county commissioners?
The sheriff. In this 1989 opinion the Attorney General concluded that the sheriff, as the legal 'keeper of the county jail,' has discretion to make reasonable rules over how the jail runs, including w…
Where does the interest earned on Idaho's gas-tax and vehicle-registration revenue belong, the highway fund or the general fund?
The highway fund. Idaho Const. art. 7, § 17 dedicates motor-fuel and vehicle-fee revenue to highways and bars diversion to any other purpose. The AG concluded that interest earned while the state hold…
Can a Texas county auditor make elected officials turn in employee time sheets?
Yes. In this 1989 opinion the Attorney General concluded that a county auditor in a county with fewer than 190,000 residents may require elected officials and department heads to submit time sheets, o…
Can a Texas county choose between an industrial commission and a board of development to promote economic growth?
Yes. In this 1989 opinion the Attorney General concluded that after Senate Bill 24 removed the population limits, any Texas county may promote business and industrial development under either section …
Can a nursing student give medication to nursing home residents during clinical training in Texas?
Not without a license or permit. In this 1989 opinion the Attorney General concluded that nursing students and medication aide trainees are covered by section 242.151 of the Health and Safety Code, wh…
Can a person who owns or manages a Maine nursing home serve on the Maine Committee on Aging, given the Committee's role administering the federal Long-Term Care Ombudsman Program?
No. AG Tierney concluded that owners, administrators, and employees of long-term care facilities serving on the Committee on Aging create a conflict of interest barred by 42 U.S.C. § 3027(a)(12)(F), t…
Can a Texas county back out of a joint city-county library contract on its own?
No, not after both sides ratified it. In this 1989 opinion the Attorney General concluded that when the City of Seguin and Guadalupe County adopted 1975 'by-law' amendments to their 1964 library servi…
Could Maryland count a commercial driver's pre-1990 traffic offenses toward longer license disqualification under the new Commercial Driver's License Act?
In a 1989 opinion, Maryland's Attorney General concluded that under the new Commercial Driver's License Act, effective January 1, 1990, the Motor Vehicle Administration could count a commercial driver…
Can a North Carolina city license newspaper vendors to sell at busy intersection traffic islands during rush hour?
Not where the sales impede normal traffic flow. The City of Durham passed Ordinance 17-1 in 1987, letting the Police Chief permit newspaper and merchandise sales at intersections and traffic islands. …
Can a Texas county get back money it spent on indigent medical care if the patient later wins a lawsuit?
Not under the law as it stood. In this 1989 opinion the Attorney General concluded that a county has no authority to seek reimbursement from an indigent patient whose medical bills the county paid und…
Can Texas require a real estate agent to tell a buyer that a home's occupant had AIDS or HIV?
No. In this 1989 opinion the Attorney General concluded that the part of House Bill 976 requiring a real estate licensee to tell a potential buyer or lessee, on request, that a previous or current occ…
Are members of a Texas state agency board personally liable for mistakes made doing their official duties?
It depends who is suing. In this 1989 opinion the Attorney General concluded that members of the Texas Agricultural Finance Authority board can be held personally liable to the state for their neglige…
Can a Texas state university let an outside faculty or staff group use its campus mail system for free?
Only in limited circumstances, and only after case-by-case findings. Campus mail is public property, so under the Texas Constitution a university may let a private (non-university-sponsored) faculty o…
Can a Texas county official do business with the county they serve if they follow the conflict-of-interest disclosure rules?
Yes, within limits. In this 1989 opinion the Attorney General concluded that chapter 171 of the Local Government Code lets a commissioners court enter a contract or approve a claim in which the county…
Who prosecutes a business in Texas for refusing to let a blind person bring their guide dog inside?
The county-level prosecutor. In this 1989 opinion the Attorney General concluded that a violation of section 121.004(a) of the Human Resources Code (discriminating against a visually handicapped perso…
How many judges serve on a Texas county juvenile board, and are they all entitled to be paid for it?
All of them, even past the stated cap. In this 1989 opinion the Attorney General concluded that the Willacy County Juvenile Board consisted of six members: the county judge plus the district judges of…
Can the same person be both mayor and city manager of a Texas home rule city?
Yes, if the city charter specifically allows it. In this 1989 opinion the Attorney General concluded that a home rule city can use its charter to overcome the common-law doctrine of incompatibility, w…
When did the tougher teacher career ladder level three requirements take effect in Texas?
September 1, 1990. In this 1989 opinion the Attorney General concluded that section 7 of House Bill 2566, which raised the performance standard for a teacher to reach level three of the career ladder …
Can South Carolina lawfully charge a per-volume surcharge on Southeast generators that dump low-level radioactive waste at the Barnwell facility, and pass those funds to the Southeast Compact Commission? And can the Commission then use that money to help North Carolina pay for the prelicensing work on the planned second regional disposal facility here?
Yes to both. The 1989 AG concluded that under Article IV(h)(2)a. of the Southeast Interstate Low-Level Radioactive Waste Management Compact (codified at N.C.G.S. Chapter 104F), South Carolina, as a 'h…
Under a Type II transfer, can a transferred state authority hire and fire its own staff independently of the parent department, or does the parent department control personnel decisions?
The parent department controls. The AG concluded that the Department of Commerce had authority to manage staffing, hiring, and firing of the N.C. Technological Development Authority's employees despit…
Can a new state authority use its broad 'hire as it deems necessary' language to skip over former state employees who hold priority reemployment rights under the State Personnel Act?
No. The AG concluded that without an express statutory exemption, every state agency, including the N.C. Technological Development Authority, must offer open positions to qualified former employees wi…
Did Maryland's 1989 law creating administrative law judges require the state auto insurance fund (MAIF) to use them for its own hearings?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Automobile Insurance Fund (MAIF) was not exempt from the state's new Office of Administrative Hearings law by name, but its c…
Can the current Maine Legislature pass a statute that appropriates money for all three years of a state-employee collective bargaining contract, even though the third year of the contract falls outside the Legislature's two-year term?
Partly. AG Tierney concluded the 114th Legislature could fund the first two fiscal years (1989-90 and 1990-91) but could not bind the 115th Legislature to appropriate the third year (1991-92). The nex…
When the Maine Legislature passes bond-issue legislation by a two-thirds supermajority under Article IX § 14, does the bill have to be presented to the Governor for approval before going to the voters for ratification?
AG Tierney concluded the Governor's approval is not required. The two-thirds supermajority that authorizes a bond issue is already the number needed to override a gubernatorial veto, so requiring pres…
Could a Maryland bar or club lose its liquor license if an underage patron possessed alcohol on the premises, even if the licensee didn't know about it?
In a 1989 opinion, Maryland's Attorney General concluded that a licensee could be sanctioned under a separate statutory provision, Article 2B, §118(d), for permitting anyone under 21 to consume or pos…
Does a Maryland town have to follow the full charter-amendment process just to fix a typo or punctuation in its charter?
In a 1989 opinion, Maryland's Attorney General concluded that a municipality's legislative body could not make even purely nonsubstantive changes, such as fixing a typo or moving a comma, to its own c…
After the Texas Veterans' Land Board forfeits a veteran's land-sale contract, do property taxes and earlier tax penalties keep accruing?
Current property taxes did not accrue after forfeiture returned full legal and equitable title to the Veterans' Land Board. Penalties and interest on taxes validly imposed before forfeiture continued …
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