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 Texas state agency make you pay a fine to settle a license case if no statute lets it fine you?
No. In this 1989 opinion the Attorney General concluded that the Commissioner of the Texas Department of Labor and Standards could not require an auctioneer to pay a civil penalty to the state to sett…
Can one person hold two county jobs in Texas, like deputy tax collector and court reporter, at the same time?
Yes, in this case. In this 1989 opinion the Attorney General concluded that one person could serve both as chief deputy to the Rockwall County tax assessor-collector and as the official court reporter…
Could Maryland fire a state employee for an off-the-job drug or alcohol conviction under Governor Schaefer's 1989 substance abuse policy?
In a 1989 opinion, Maryland's Attorney General concluded that Governor Schaefer's executive order setting a State substance abuse policy was lawful in every respect: the Governor had authority to issu…
Can a Texas school board borrow from its depository bank when a board member works for that bank?
Yes, but with disclosure. In this 1989 reconsideration of Opinion JM-583, the Attorney General concluded a school board may enter a loan contract with its depository bank even when a trustee is a stoc…
Could Maryland enforce state spacing limits on group homes for people with disabilities after the 1988 federal Fair Housing Amendments Act?
In a 1989 opinion, Maryland's Attorney General concluded that a 1988 state law limiting how many community residences for special populations could be sited near each other could not be enforced again…
Can a Texas optician give a free second pair of prescription glasses with a purchase?
Yes. In this 1989 opinion the Attorney General concluded the Texas Optometry Act does not prohibit a dispensing optician or ophthalmic dispenser from giving a free second pair of prescription spectacl…
Does a private gas station and convenience store count as a 'public building' that a Maryland town's planning commission must review and approve?
In a 1989 opinion, Maryland's Attorney General concluded that a privately owned gas station and convenience store, even though open to the public for business, was not a 'public building' under Articl…
Do federal employees have to pay Texas local hotel occupancy tax when they travel for work?
Yes, they owe it. In this 1989 opinion the Attorney General concluded that a federal employee traveling on official business, whose travel costs are reimbursed on a per diem or actual-expenses basis, …
Is residential gas and electricity exempt from Texas county sales tax?
Yes. In this 1989 opinion the Attorney General concluded that residential-use gas and electricity are exempt from the county sales tax under Tax Code sections 323.206(a) and 151.317(a). One subsection…
Which Texas agency licensed noncommercial applicators using restricted termiticides for structural pest control?
The Structural Pest Control Board. The Attorney General concluded that the Board, not the Department of Agriculture, had authority to license, certify, and regulate noncommercial applicators using res…
Can a Texas city be sued for the negligence of a public health district it belongs to?
Yes. In this 1989 opinion the Attorney General concluded that a member city of a public health district organized under V.T.C.S. article 4436b could be held liable under the Texas Tort Claims Act for …
Can the Texas Board of Health set construction and design rules for abortion facilities?
No, not on their own terms. In this 1989 opinion the Attorney General concluded that Board of Health rules setting minimum standards for the 'construction and design' of abortion facilities exceeded t…
Who has to pay Maryland's recordation tax on an indemnity mortgage when a guarantor's loan default triggers it?
In a 1989 opinion, Maryland's Attorney General concluded that in an indemnity mortgage arrangement, where a guarantor pledges property to secure a loan to someone else, the guarantor becomes responsib…
When a birth mother arranges a private adoption and asks that her newborn be handed directly to the adoptive parents from the hospital, can the hospital staff release the baby that way without violating North Carolina's child-placing-agency licensing law (N.C.G.S. § 131D-10.7)?
Yes. The 1989 AG concluded that the hospital's physical discharge of a newborn to adoptive parents in a private-adoption case did not constitute unlicensed 'placement' of children under N.C.G.S. § 131…
Can mental health treatment records be subpoenaed in a Texas criminal case?
Yes, in state criminal cases. In this 1989 opinion the Attorney General concluded that Rule 509 of the Texas Rules of Criminal Evidence, which says there is no physician-patient privilege in criminal …
Can a Texas commissioners court create a countywide payroll department that takes payroll duties from county officers and the county treasurer?
No. The Attorney General concluded that the Harris County Commissioners Court had no independent general authority to establish a countywide payroll department, and the proposed arrangement impermissi…
Did the Supreme Court's 1989 Webster decision make Maryland's old abortion restrictions enforceable again?
In a 1989 opinion, Maryland's Attorney General concluded that the Supreme Court's decision in Webster v. Reproductive Health Services did not change the status of Maryland's abortion laws: provisions …
Can Idaho cities and counties spend tax money on AIC/IAC dues and lobbying, and are those associations' records open to the public?
Yes for dues and lobbying that serve a public purpose. No, the associations themselves are private nonprofits whose internal records are not public records: but copies kept in a city or county officer…
Did a Maryland citizen, doctor, or rape crisis counselor have to report a suspected adult sexual assault to police in 1989?
In a 1989 opinion, Maryland's Attorney General concluded that, apart from a handful of statutes covering especially vulnerable victims, ordinary citizens, physicians, mental health providers, and rape…
Can a Texas government office monitor phone call records to stop unauthorized long-distance calls?
Yes. In this 1989 opinion the Attorney General reconsidered and withdrew an earlier opinion (JM-983) that had labeled a Station Message Detail Recording device (SMDR) a 'pen register.' After receiving…
Does the Texas Open Meetings Act apply to a school board subcommittee that has fewer members than a quorum?
Yes. In this 1989 opinion the Attorney General concluded that if a committee made up of one or more members of a school district's board of trustees meets to discuss public business or policy, that co…
Can a Texas official who attended a closed government meeting talk publicly about what was discussed there?
Yes. In this 1989 opinion the Attorney General read the Open Meetings Act's 'certified agenda' provision (subsection 2A(h)) as barring only the release of the official record of a closed executive ses…
Are pay-to-ride go-carts on a track an amusement device that the North Carolina Department of Labor can inspect and regulate?
Yes. The NC AG concluded that a go-cart operated by a patron for a fee on a fixed or restricted track meets the statutory definition of 'amusement device' in N.C.G.S. § 95-111.3(a) because it conveys …
Can a Texas county commissioners court set the work hours and holidays for road crew employees when the commissioners run the roads as ex officio road commissioners?
Yes. In this 1989 opinion the Attorney General concluded that a county commissioners court is authorized to set the normal work week, working hours, and holidays for county road employees, even in a c…
Can a Texas city council designate itself as the city's zoning board of adjustment or appoint councilmembers to that board?
No. The Attorney General concluded that the zoning statutes require a separate board of adjustment and do not permit the city council to decide appeals from municipal administrative officers or appoin…
Can a Texas appraisal district put its employees into a private retirement plan and pay for it with district funds?
No. In this 1989 opinion the Attorney General concluded that a county appraisal district is not authorized to contract with a private association to adopt, and contribute district funds to, a private …
If a licensed professional dies partway through their license year, can the state licensing board refund part of the annual fee to the estate?
No, at least not for a polygraph examiner. In this 1989 opinion the Attorney General concluded that the Texas Polygraph Examiners Board has no authority to refund any portion of an annual license fee …
Who is allowed to perform X-rays and other radiologic procedures in a Texas hospital, and which state agency checks their training?
In this 1989 opinion the Attorney General worked through the Texas certification law for people who perform X-rays and other radiologic procedures. The key practical points: a hospital worker who has …
Can a city council member also chair the board of a nonprofit and still vote on city contracts with that nonprofit?
In this 1989 opinion the Attorney General said yes, on these facts. A Lubbock city councilman also served as chairman of the board of the Texas Tech University and Health Sciences Center Research Foun…
Can a county commissioners court fire a member of the county hospital district board and just replace them?
No, not at will. In this 1989 opinion the Attorney General concluded that members of the board of managers of a county hospital district created under article 4494n are public officers who serve a fix…
Can a Texas state agency pay the professional license fees or occupation taxes for accountants, engineers, and other licensed employees on its staff?
Yes, if the payment is tied to the agency's work. In this 1989 opinion the Attorney General concluded that article III, section 51 of the Texas Constitution (which bars grants of public money to indiv…
Is a Texas county liable under the state's high-voltage power line safety law if a county crew contacts an overhead line?
No, not under that particular statute. In this 1989 opinion the Attorney General concluded that a county is not a 'person, firm, corporation, or association' within the meaning of V.T.C.S. article 143…
Can the Texas Legislature attach conditions when it lets someone sue the state, and how does it have to do it?
Yes, the Legislature can attach conditions, and the how depends on what it is waiving. In this 1989 opinion the Attorney General explained that Texas has two separate shields: immunity from suit (you …
Are Maine's constitutional officers, the Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, and District Attorneys, entitled to the 50% state contribution toward dependent health insurance coverage that other state employees receive?
No. Deputy AG Charles Howard concluded those officials are eligible to participate in the State Employees Health Insurance Plan for themselves and for dental coverage, but the 50% state contribution t…
Are the 'incorporators' of a Maine nonprofit healthcare corporation, who number between 200 and 700 people and meet annually to elect trustees and vote on bylaws, already immune from corporate liability under the Maine Nonprofit Corporation Act?
Yes. AG Tierney concluded that 'incorporators' of Northeast Health, Inc. fit the definition of 'members' in 13-B M.R.S.A. § 102(8), which expressly includes corporators, so they are already covered by…
Can a lawyer who sits on a county appraisal district board also be hired to collect that area's delinquent property taxes?
Yes. In this 1989 opinion the Attorney General concluded that an attorney who contracts to collect delinquent taxes for a taxing unit is an independent contractor, not an 'employee,' so he is not disq…
How are jurors picked and summoned for a Texas justice of the peace court, and can it be done by mail or phone?
In this 1989 opinion the Attorney General laid out the rules. Jurors for a Texas justice of the peace (JP) court are summoned by the sheriff or constable, following the guidelines in the oath the just…
When the Maine Legislature passes a bill that creates a new executive or judicial office whose holder will be appointed by the Governor and confirmed by the Senate, does that bill need a two-thirds supermajority, or is an ordinary majority enough?
An ordinary majority is enough. AG Tierney concluded that the two-thirds vote requirement in the third paragraph of Me. Const. art. V, pt. 1, § 8 applies only to statutes that change the confirmation …
Can a Texas government board meet with its staff to get a briefing without posting an open-meetings notice?
Yes, within limits. In this 1989 opinion the Attorney General concluded that a conference where a quorum of a governmental body meets with its employees for the sole purpose of receiving information o…
In Texas, who controls bail bonds in a county, the sheriff or the county bail bond board, and how far does the board's power reach?
In this 1989 opinion the Attorney General sorted out the roles. The county bail bond board makes the rules and licenses bondsmen, but its authority is limited to the powers the bail bond statute (arti…
What duty does an Idaho prison owe inmates and guards when some prisoners test positive for HIV?
The Idaho Department of Corrections owed a duty of reasonable care, which the AG concluded was satisfied by mandatory testing on entry, education and counseling, medical treatment, and strict confiden…
Can a Texas county treasurer charge the county judge a copy fee for records the judge needs to build the county budget?
No. In this 1989 opinion the Attorney General concluded that a county treasurer may not charge the county judge for copies of records the judge needs to prepare the county budget. The law lets the cou…
If a Texas county tax office comes up short and it was not the tax collector's fault, how does the collector avoid having to pay it back?
In this 1989 opinion the Attorney General held that there is exactly one way, and it runs through a courtroom. Under section 6.275 of the Tax Code, a county tax assessor-collector is cleared of person…
Can Maryland's legislature force a state agency to transfer a piece of land by attaching a condition to an unrelated budget appropriation?
In a 1989 opinion, Maryland's Attorney General concluded that a budget-bill condition ordering the Department of Health and Mental Hygiene to transfer Whitney's Landing Farm to the Department of Natur…
In a Texas county, does the sheriff or the commissioners court decide where the justice of the peace office is located?
The commissioners court decides. In this 1989 opinion the Attorney General concluded that the location of a justice of the peace's quarters, where the JP conducts trials and the business of the office…
Can a charity that runs casino nights use the gambling proceeds to pay its officers or directors?
In a 1989 opinion, Maryland's Attorney General concluded that organizations licensed to run casino nights in Prince George's County could not use any part of the gambling proceeds to pay salaries or s…
Could Idaho's college work-study program legally pay students attending religious or church-affiliated colleges?
No. The 1989 AG opinion concluded that the Idaho College Work Study Program, as applied to postsecondary institutions controlled by a church or religious denomination, violated article 9, § 5 of the I…
Can the Maine Board of Environmental Protection adopt regulations that set color standards for the state's lakes, rivers, and streams, or does that require new legislation?
Yes. AG Tierney concluded the BEP has clear rulemaking authority to adopt water color standards under either its broad rulemaking power in 38 M.R.S.A. § 343-A or the mandatory Water Classification Pro…
Can a Texas 9-1-1 emergency communication district raise its service fee above the rate stated on its ballot without holding another election?
Not safely. In this 1989 opinion the Attorney General concluded that because the Denton County district's 1987 confirmation ballot promised a fee 'not to exceed three percent' of the base rate, an att…
In a Texas county that lies inside a hospital district, who has to provide health care for the poor, the district or the county?
The hospital district. In this 1989 opinion the Attorney General concluded that when a hospital district is created under article IX, section 9 of the Texas Constitution, the duty to provide medical c…
Can a Texas school district use its own local money to fully fund teacher career ladder pay when the state allotment falls short?
Yes. In this 1989 opinion the Attorney General concluded that when the state career-ladder allotment under Education Code section 16.158 is not enough to fully fund the teacher supplements set by sect…
Is a Texas judge a 'peace officer' who can carry a handgun under the peace-officer exemption?
No. In this 1989 opinion the Attorney General reaffirmed its earlier conclusion (in JM-1028) that a judge or magistrate is not a 'peace officer' for purposes of Penal Code section 46.03, the provision…
Is Texas Permanent School Fund land still exempt from property tax when it is leased to a private business?
Yes, the land stays exempt. In this 1989 opinion the Attorney General concluded that the state's interest in real property that is part of the Permanent School Fund is exempt from ad valorem taxation …
Can a Texas agency use Open Records Act exceptions to withhold records from discovery in its own administrative hearing?
No. In this 1989 opinion the Attorney General concluded that the Texas Open Records Act does not create privileges from civil discovery. The Act governs the general public's right of access to governm…
Can a Texas justice of the peace also work as a jailer for the county sheriff?
No. In this 1989 opinion the Attorney General concluded that the common-law doctrine of incompatibility prevents one person from serving as both a justice of the peace and a jailer in the same county.…
Does the Maine statute that lets a chartered county form a finance committee to review the county budget violate the constitutional rule that taxes can only be imposed by elected officials?
No. AG Tierney concluded that 30-A M.R.S.A. § 1353 satisfies Me. Const. art. I, § 22 because the finance committee members are themselves elected municipal officers, and even if they were appointed, u…
Can a Texas sheriff or constable charge a fee for trying but failing to serve civil process?
Only if the county's commissioners court has set one. In this 1989 opinion the Attorney General concluded that under section 118.131 of the Local Government Code, a commissioners court may set reasona…
Can a Texas judge order the county to pay for a child's court-ordered psychological evaluation when the parents can't afford it?
Yes, if the parents are found indigent. In this 1989 opinion the Attorney General concluded that a family law district judge may order a county to pay, out of its general fund, the cost of psychologic…
Can a Texas county change the spot at the courthouse where foreclosure sales are held?
Yes for a permanent change, no for a standing backup. In this 1989 opinion the Attorney General concluded that under section 51.002(a) of the Property Code a commissioners court may formally change th…
Can the State appoint a corporation, rather than a natural person, to serve as Superintendent of the Augusta Mental Health Institute?
No. AG Tierney concluded the statutory qualifications in 5 M.R.S.A. § 3202(2) and the personal-pronoun language in § 1401(1) make clear that AMHI's superintendent must be a natural person. Appointing …
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.