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 Idaho counties team up with counties in Utah and Wyoming to build a Bear River water project, and can the Water Resource Board issue bonds to fund Idaho's share?
The 1989 AG opinion concluded that Idaho counties could enter joint water-project agreements with Utah and Wyoming counties for irrigation or drainage (but not hydroelectric power), and the Water Reso…
When someone asks a Maine town clerk or the state Bureau of Vital Records for a death certificate, can they see the cause of death, or is that confidential?
Confidential. AG Tierney's 1989 clarification explained that the last sentence of 22 M.R.S.A. § 2706(4), added by P.L. 1973 ch. 121, makes the cause of death (and all details other than name, age, dat…
Could Maryland exempt religious child care centers from state licensing without violating the separation of church and state?
In a 1989 opinion, Maryland's Attorney General concluded that the General Assembly was constitutionally free, though not constitutionally required, to exempt religiously-affiliated child care centers …
In Texas, who pays to house someone in the county jail for a city traffic ticket, the city or the county?
In this 1989 opinion the Attorney General concluded that the earlier rule making a city pay to maintain prisoners jailed for violating city ordinances (Opinion MW-52) does not apply when the traffic o…
Does a Texas state agency's property appraiser have to register with the same board that licenses local appraisal-district appraisers?
In this 1989 opinion the Attorney General concluded that field appraisers employed by the State Property Tax Board, who conducted the annual property-value and ratio studies used to check appraisal di…
Can a Texas county salary grievance committee meet without the county judge, and can it vote behind closed doors?
In this 1989 opinion the Attorney General concluded that a county salary grievance committee's action is not invalid just because a county commissioner, rather than the absent county judge, presided a…
Can a Texas county judge sit on the board of directors of a company that does business with the county?
In this 1989 opinion the Attorney General concluded that public policy prohibits a county judge from simultaneously serving on the board of directors of a corporation that does business with the count…
If a Texas river authority official gets sued, does the state Attorney General provide the defense?
In this 1989 opinion the Attorney General concluded that a river authority (here the Angelina & Neches River Authority) is not a 'state agency, institution, or department' under section 104.001 of the…
Can a school board keep a board member who is suing the board out of a closed-door meeting about that lawsuit?
In this 1989 opinion the Attorney General concluded that when one school board trustee sues the other members, the board may exclude the suing trustee from an executive (closed) session held to consul…
Could Texas deny its gasohol fuel tax credit to fuel blended with alcohol produced in other states?
In this 1989 opinion the Attorney General concluded that a court would hold Texas Tax Code section 153.123(b)(4) unconstitutional. That provision granted the tax credit for gasoline/alcohol (gasohol) …
In NC, do the size and content rules in G.S. 47-30 (the plat mapping statute) apply to every plat a surveyor draws, or only to plats that are going to be recorded at the Register of Deeds?
Only to plats presented for recording. G.S. 47-30 sets requirements for recordable plats, not for surveys done for other purposes. Whether a surveyor must comply depends on whether the plat will be fi…
Clay County petitioners ran short of valid signatures to put a county commissioner size change on the ballot before the deadline. Could later signatures carry over to the next primary? Could circulators be paid? Did unsigned-by-circulator petitions count? And when could a signer take their name off the petition?
Mostly yes, with one no. The AG concluded that original signatures expired when the petition missed its primary election window and the underlying petition became a nullity, but signatures gathered af…
In Texas, does a for-profit trade school need state higher-education approval to award associate degrees?
In this 1989 opinion the Attorney General concluded that the Texas Education Agency (TEA) does not have exclusive jurisdiction over proprietary (for-profit) schools that award only so-called non-acade…
When a Texas college refunds old bonds under the constitution, does 'prior law' mean just the repealed 1982 provision or any older statute?
In this 1989 opinion the Attorney General concluded that the phrase 'prior law' in subsection (e) of article VII, section 17 of the Texas Constitution (the 1984 higher-education funding amendment) ref…
A nonprofit hospital's administrator lived in a home the hospital had owned since 1967. The county discovered the residence had never been on the tax rolls and tried to add it. The hospital says the home is exempt as charitable property; the Director of Equalization says SDCL 10-4-9.3 only exempts property used for health-care services. Who is right?
The home was still exempt. AG Tellinghuisen concluded that the 1986 amendment to SDCL 10-4-9 did not strip charitable hospitals of the parsonage-style exemption recognized in the 1934 Scottish Rite Te…
Can South Dakota county officials use county funds to cover their travel, food, and lodging while lobbying the Legislature on county issues?
Yes, with conditions. County officials traveling to Pierre to provide legislative testimony or information on bills affecting county government are discharging official duties under SDCL 7-7-3 and 7-7…
When the state holds an 18-month review hearing to decide a foster child's long-term placement, does Idaho's Administrative Procedure Act govern the hearing?
No. The 1988 AG opinion concluded that the Idaho APA applies only to 'contested cases' (proceedings where an agency determines legal rights, duties, or privileges). Permanency planning hearings did no…
Can a Texas school district rent classrooms from a nonprofit foundation and help it issue bonds to build them?
In this 1988 opinion the Attorney General concluded that a school district's trustees may rent classroom space for fair value from a private nonprofit foundation and may accept a donation of portable …
How was Maine's child protection system functioning in late 1988 when the state ran out of safe foster home placements for the children it had to remove from abusive or neglectful homes?
Badly. The Child Welfare AAGs for York and Cumberland counties reported to AG Tierney that the foster care shortage was forcing them and Department caseworkers to redefine 'jeopardy' downward in the f…
Can a Texas university use its Higher Education Assistance Fund money to fix up a building that is partly dorm or auxiliary space?
In this 1988 opinion the Attorney General concluded that a university may use Higher Education Assistance Fund (HEAF) money to renovate a physically separate part of a building (a wing or addition) us…
Can the Maine Legislature raise the Governor's salary in the middle of his first term, with the raise taking effect at the start of his second term, while he is still in office?
No. Deputy AG Cabanne Howard concluded that the Maine Constitution's phrase 'continuance in office' (Art. V, Pt. 1, § 6) blocks any salary increase that would apply to a sitting Governor for as long a…
If a Texas voter marks a straight-ticket for two different parties, whose vote counts, and who decides?
In this 1988 opinion the Attorney General concluded that the Texas secretary of state has no authority to issue rules for counting ballots that are not marked in strict conformity with the law, such a…
Does Maryland reduce a retired public employee's pension by workers' compensation benefits, even if the pension isn't for a disability?
A 1988 Maryland opinion concluded that the state retirement and pension systems' set-off for workers' compensation benefits applies only to disability retirement benefits paid because of an on-the-job…
Can a Texas home-rule city sell land to the state for a park at less than its market value?
In this 1988 opinion the Attorney General concluded that El Paso could sell land inside Franklin Mountains State Park to the Texas Parks and Wildlife Department at a price well below market value. A s…
When a Texas county collects property taxes for a school district or other taxing unit, how much can it charge, and who decides the amount?
In this 1988 opinion the Attorney General concluded that the 'actual costs' a county may charge under section 6.27 of the Tax Code for assessing or collecting taxes for another taxing unit means only …
Can a Texas government board hand over the tape of its closed meeting when someone requests it under open records?
In this 1988 opinion the Attorney General concluded that the tape (or certified agenda) of a meeting closed to the public may be released to the public only through the specific court procedure in sec…
In Maryland, does a trespassing driver have to pay towing and storage fees, and can the tow company hold the car until paid?
A 1988 Maryland opinion concluded that a vehicle owner who parks without permission on private property owes reasonable towing and storage costs only if a conspicuously posted sign gave clear notice o…
Can a Texas city still regulate how stores sell abusable glue and spray paint after the state started permitting sellers?
In this 1988 opinion the Attorney General concluded that article 4476-15d, the state law that has the Department of Health issue permits to sellers of abusable glues and aerosol paints, does not autom…
Can Texas put officials who answer only to the legislature on a state commission that carries out executive functions?
In this 1988 opinion the Attorney General concluded that the Productivity Bonus Commission exercises functions of the executive branch, because it executes a detailed statutory program, decides which …
Can an Idaho craft brewery with a brew-pub license sell its beer directly to other restaurants and stores without also getting a wholesaler's license?
Yes. The 1988 AG opinion concluded that Idaho Code § 23-1003 allowed Idaho-licensed brewers producing under 30,000 barrels a year to sell directly to retailers without a wholesaler's license. The conf…
Can Texas require out-of-state dental labs that do business in the state to register with the Board of Dental Examiners?
In this 1988 opinion the Attorney General concluded that a 1987 amendment requiring every dental laboratory doing business in Texas, including out-of-state labs, to register annually with the Texas St…
Does the over-65 school-tax freeze pass to a surviving spouse if the homeowner died before the 1987 constitutional amendment?
In this 1988 opinion the Attorney General concluded that the 1987 amendment to article VIII, section 1-b(d) of the Texas Constitution, which lets the school-tax freeze on an over-65 homeowner's homest…
Can the Mayor and Town Council together appoint members to a Maryland town's planning commission, or does state law require the mayor alone to appoint them?
In a 1988 opinion, Maryland's Attorney General concluded that Ocean City's practice of having the Mayor and Council jointly appoint members of the Planning Commission and Board of Zoning Appeals was c…
Where exactly is the Idaho-Oregon and Idaho-Washington border on the Snake River, and how far do Idaho's police, courts, and civil laws reach across the water?
The 1988 AG opinion concluded that Idaho's boundary on the Snake River sits at the middle of the main navigable channel (the 'thalweg'), and Idaho's full civil and criminal jurisdiction reaches every …
Can a licensed cosmetologist in Texas trim beards and mustaches, or is that reserved to barbers?
In this 1988 opinion the Attorney General concluded that a licensed cosmetologist has no statutory authority to shave and trim beards. The barbering statute (article 8407a) expressly includes shaving,…
Can Texas pay a visiting judge who was assigned to a case without all the proper legal formalities?
In this 1988 opinion the Attorney General concluded that the Comptroller of Public Accounts may lawfully pay the salary of a visiting judge (active, or retired under section 75.001 of the Government C…
Can a Maryland town pass its own rules regulating charity gambling that the state already allows?
In a 1988 opinion, Maryland's Attorney General concluded that municipal corporations had no existing authority under their general police power to regulate or prohibit charitable gambling that state l…
Can Maryland spray pesticides for gypsy moth control on private property without the owner's consent?
In a 1988 opinion, Maryland's Attorney General concluded that the Secretary of Agriculture had broad discretionary authority to run the State's gypsy moth control program, including deciding which pes…
Can a pipeline limited partnership use eminent domain to condemn land in Texas?
In this 1988 opinion the Attorney General concluded that a limited partnership that owns and operates a refined petroleum products pipeline can hold the power of eminent domain under the Texas Busines…
Does a Texas city, county, or school district have to collect sales tax when it sells things to the public?
In this 1988 opinion the Attorney General concluded that when a state agency, city, county, school district, or public university acts as a retail seller of taxable goods or services, the limited sale…
In a small Texas county, who is responsible for preparing the payroll, the auditor or the treasurer?
In this 1988 opinion the Attorney General concluded that in a Texas county with a population under 500,000, the county treasurer, not the county auditor, is the officer who prepares the county payroll…
Can a Maryland county charge a percentage-based fee on industrial revenue bonds issued by a state financing authority?
In a 1988 opinion, Maryland's Attorney General concluded that Howard County's ordinance charging 0.125% of the face amount of MIDFA refunding bonds was, despite being labeled a fee, actually a tax the…
Can a Texas school board or city council make a decision in an emergency meeting called on short notice?
In this 1988 opinion the Attorney General explained that the Texas Open Meetings Act lets a governmental body meet on just two hours' notice only for a genuine emergency, meaning an unforeseen situati…
How do you perfect a lien on manufactured homes held as dealer inventory in Texas?
In this 1988 opinion the Attorney General concluded that a lender does not need to file with the Secretary of State under the Uniform Commercial Code to perfect a security interest in manufactured hou…
Are portable classrooms that a Maine school district leases instead of owning subject to municipal property tax, and if not, does the town get reimbursed for the lost revenue?
No tax, no reimbursement. Deputy AG Crombie Garrett concluded that 20-A M.R.S.A. § 4001(3)(C) exempts property leased by school administrative units, including portable classrooms. Because the statute…
Can a Texas county track the phone numbers its employees dial from county phones?
In this 1988 opinion the Attorney General concluded that a device attached to a telephone line that records the outgoing numbers dialed, such as the county's Station Message Detail Recording system, i…
Can a Texas state agency accept a supplier rebate on the price of goods it buys?
In this 1988 opinion the Attorney General concluded that the Texas Department of Health did not violate the Texas Constitution by accepting bids that offered rebates on the purchase price of infant fo…
Can a Texas appraisal district subpoena my business records if I didn't file a property rendition?
In this 1988 opinion the Attorney General concluded that a county appraisal district has no authority to issue a subpoena for a taxpayer's books and records, and that an appraisal review board cannot …
Can a Texas judge give the required guilty-plea warnings by playing a video instead of speaking to the defendant?
In this 1988 opinion the Attorney General concluded that a court cannot satisfy the mandatory admonishments required by article 26.13 of the Code of Criminal Procedure, the warnings a judge must give …
Can a Texas city use its mass transit sales tax money to repair its regular streets?
In this 1988 opinion the Attorney General concluded that sales and use taxes a city collects to fund a mass transit department under article 11182 may be used only for mass transit purposes, and not f…
Does Texas have to follow the general state purchasing law when it contracts out its Medicaid insurance program?
In this 1988 opinion the Attorney General concluded that the Texas Department of Human Services' contract for Medicaid purchased health services insurance is not governed by article 601b, the general …
Can a clinical social worker diagnose a mental or emotional disorder in Maryland, or is that only a doctor's job?
In a 1988 opinion, Maryland's Attorney General concluded that a clinical social worker could not diagnose a patient's condition on their own, but once a physician had personally assessed the patient a…
Does a Texas justice court have to appoint a free lawyer for a poor defendant charged with a fine-only Class C misdemeanor?
In this 1988 opinion the Attorney General concluded that a justice of the peace does not have to appoint a lawyer for an indigent defendant charged with a Class C misdemeanor, because the only punishm…
How does the federal Employee Polygraph Protection Act affect a Texas polygraph examiner's license?
In this 1988 opinion the Attorney General explained that the new federal Employee Polygraph Protection Act, which generally bars private employers from making employees take lie detector tests, did no…
Can the Maryland Port Administration run its own port terminals and unionize its workers, instead of leasing everything to private operators?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Port Administration could directly operate port facilities, and engage in collective bargaining with unionized labor, only wh…
Can a North Carolina state agency hire a private executive search firm to find candidates for hard-to-fill positions, and pay the firm a fee?
Yes for a true executive search firm, with one big limit. N.C.G.S. § 126-18 is aimed at firms that charge jobseekers (or take payment for placing someone in state employment); it does not prohibit a s…
Could the Maryland Stadium Authority use lottery-funded 'pay-go' money to buy the Camden Yards land, or only to build on land it already owned?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Stadium Authority could use Maryland Stadium Facilities Fund money to help pay for acquiring the Camden Yards property, not j…
Can a Texas city, county, or school district invest its public money in a bank-run money market mutual fund?
In this 1988 opinion the Attorney General concluded no. Even though the Legislature's 1987 Public Funds Investment Act appeared to authorize public bodies to put bond proceeds into 'bank-oriented' mon…
In a Texas county that has a county purchasing agent, who is allowed to buy the county's supplies, and does the $5,000 competitive-bid rule apply to the agent?
In this 1988 opinion the Attorney General concluded that in a county with a county purchasing agent, that agent must make all purchases that are not required to go out for competitive bid; individual …
Does a Texas nonprofit that sells a few taxable items, like a museum selling a cookbook, have to pay the $25 annual sales tax permit fee?
In this 1988 opinion the Attorney General concluded yes. A nonprofit that sells taxable items and therefore has to hold a Texas sales tax permit must pay the same $25 annual renewal fee that any other…
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.