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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Could the Texas Veterans Land Board charge an $80 paid-in-full deed fee when an older land contract promised the veteran a deed without another payment?
No. The Attorney General concluded that imposing the later $80 deed fee on a purchaser whose older Veterans Land Program contract promised a deed upon full payment would substantially impair the state…
Could a Texas independent school district use electronic funds transfer to deposit employee pay directly into an employee's bank account without express statutory authorization?
Yes. The Attorney General concluded that school trustees could adopt electronic funds transfer for employee pay because the Education Code authorized payment but did not prescribe the payment method. …
Could the Texas governor distribute Exxon and Stripper Well petroleum-overcharge funds without a legislative appropriation?
No. The Attorney General concluded that the Texas Legislature, not the governor acting alone, had authority to allocate and appropriate petroleum-overcharge funds received through the Exxon judgment a…
Did a Texas school district board have to approve the transfer of its territory to another district under the 1987 Education Code?
Sometimes. The Attorney General concluded that the receiving district's board had to approve a section 19.022 transfer, and a transferring district also had to approve if section 19.008 covered it.
Could a Texas commissioners court condition a constable's salary on voter support, deny office expenses, or pay constables different salaries?
The commissioners court could not condition or deny a reasonable salary or refuse reasonable office expenses. It could set different constable salaries when precinct circumstances reasonably justified…
Could Texas Tech University form a joint venture with a private or municipal utility to build and operate a cogeneration plant?
No. The Attorney General concluded that a true joint venture would expose Texas Tech, and therefore the state, to shared liabilities in violation of article III, section 50 of the Texas Constitution.
When does a Maryland home seller have to give homeowners association fee and rule disclosures to a buyer, and can a buyer waive that right?
In this 1987 opinion, the Attorney General concluded a home seller had to obtain and disclose known HOA fee and rule information to the buyer before the contract was formed, not later, that a buyer's …
Could a Texas water district fund an ambulance for its lake and contract with the county hospital to provide emergency medical crews there?
Yes, with limits. The Attorney General concluded that the district could fund an ambulance only for lawful district purposes, with public benefits and controls, and could enter an interlocal agreement…
Could a Texas county clerk refuse to file a financing statement that appeared legally insufficient under the Uniform Commercial Code?
No. The Attorney General concluded that the clerk's duty was to accept, record, and index the statement when the filing requirements and fee were met, leaving legal sufficiency to the courts.
Was it constitutional for Texas law to shield a county from liability when a reserve deputy was injured while serving?
Yes. The Attorney General concluded that the liability exclusion did not violate the Texas due-course guarantee or the Fourteenth Amendment's due process and equal protection clauses.
Could a Texas sheriff bar peace officers from carrying guns while off duty as patrons in bars or nightclubs?
A sheriff could impose reasonable off-duty restrictions on the sheriff's own deputies when tied to proper law-enforcement duties, but had no supervisory power over officers employed by other political…
Did the county clerk who kept Texas commissioners court minutes have to be a certified shorthand reporter?
No. The Attorney General concluded that court-reporter requirements applied to courts conducting litigation, while a separate statute assigned commissioners court minutes to the county clerk.
Could one Texas county pay another county's sitting county attorney extra compensation for serving as a special prosecutor?
No. Because a county attorney was an 'attorney for the state,' article 2.07(b) made the special-prosecutor work an additional duty of the existing office without additional compensation.
Could Texas courts require probationers to use electronic home-monitoring devices without violating their rights or the rights of household members?
In 1987, the Attorney General concluded that electronic monitoring did not inherently violate the constitutional rights of a probationer or a person sharing the home, provided the probationer could la…
Could Maryland's Racing Commission let one track take telephone bets on a race running at a different track in 1987?
In this 1987 opinion, the Attorney General concluded that Maryland's telephone-betting statute authorized the Racing Commission's proposed regulation letting one licensed track accept and wire bets on…
Could a Texas constable enforce traffic laws outside the constable's precinct but still within the same county?
Yes, after September 1, 1987. The Attorney General concluded that amended article 6889 extended a constable's expressly authorized acts, including traffic enforcement, throughout the county.
Did Idaho's law requiring AIDS testing of incoming prisoners apply to existing inmates, and could prison officials keep an AIDS-positive prisoner quarantined past the end of their sentence?
The 1987 AG opinion concluded that Idaho Code § 39-604 required AIDS testing only for incoming inmates entering a detention facility, with the state covering medical costs at state facilities. AIDS-po…
Can a North Carolina public school principal who is also a county commissioner vote on the school board's budget request to the commission?
The AG concluded the offices are not formally incompatible, but advised abstention on specific votes that affect the school employee personally. Although the school employee is subordinate to the loca…
Could a Texas peace officer release a person charged with a misdemeanor on a personal bond without a judge or magistrate's approval?
No, except for the separate written-promise procedure in traffic cases. The Attorney General concluded that only the court handling the case or a magistrate could authorize a personal bond.
Could the Texas Department of Corrections give every incoming prisoner good-time credit for time previously spent in a county jail?
Yes. The Attorney General concluded that the director could presume good conduct and award county-jail good-time credit uniformly, so long as the statutory discretion was exercised consistently with c…
When could a Texas taxing unit stop paying into a reinvestment zone's tax increment fund after three years?
The Attorney General concluded that a taxing unit could stop after three years only if none of the three listed development events had occurred. Bonds, property acquisition, or the start of constructi…
Could someone bring personal copying or microfilm equipment into a Texas county clerk's office to copy public records?
Sometimes. The Attorney General concluded that the public had a qualified right to use personal copying equipment, but an office could impose reasonable limits for safety, efficiency, confidentiality,…
Was gas and electricity used by Texas restaurants to prepare food exempt from sales tax, and could the comptroller require a utility study?
In 1987, the Attorney General concluded that the exemption applied so long as restaurant food preparation was generally understood as processing tangible personal property for sale. The comptroller co…
Could the Texas governor sign HUD nursing-home need certifications after the Texas Health Facilities Commission was abolished?
In 1987, the Attorney General concluded that state-law authority alone was not enough. The governor could satisfy the federal mortgage-insurance certification requirement only if he was also the state…
Could the Idaho Board of Correction release inmates early to relieve overcrowding, and could it use long-term work furloughs to do the same thing?
The AG concluded the Idaho Board of Correction had no power to do an outright early release of inmates. The Commission of Pardons and Parole was the only body that could parole or pardon. The Board co…
Can Texas police arrest someone without a warrant for a family-violence misdemeanor an officer did not see happen?
The 1987 opinion concluded that article 14.03(a)(2) and (a)(3), which let officers make warrantless arrests for certain assault and protective-order misdemeanors not committed in their presence, were …
In NC, does the state constitution require that the court divide marital property only after the divorce becomes final, or is that just a statutory rule that the legislature could change?
Statutory, not constitutional. NC Const. art. X, § 4 (the married women's property clause) does not require equitable distribution to follow the absolute divorce decree. The 'follow the decree' rule c…
When could a Texas county pay a private attorney to represent a sheriff or other county official?
A county could pay for private counsel when commissioners determined in good faith that the official acted within official duties and that a legitimate county interest, not merely a private interest, …
Can a Texas county accept credit card payments for court fines and fees?
The 1987 opinion concluded that article 3910a, which let commissioners courts authorize county officers to take credit cards for fees, fines, and court costs, was a valid and enforceable statute. Acce…
Is a Texas county liable when a volunteer fire department it contracts with causes harm?
The 1987 opinion concluded that a county could be liable, to the extent the Texas Tort Claims Act allowed, for the negligent acts of fire services provided under a contract authorized by article 2351a…
Can a Texas commissioners court hold an election to move property appraisal into the county tax assessor-collector's office?
No. The 1987 opinion concluded that section 6.26 of the Tax Code let voters petition for an election only to consolidate tax assessing and collecting functions, not appraisal. Because appraisal is a s…
Do Texas public hospitals have to provide childbirth and prenatal care to indigent patients?
The 1987 opinion concluded that under the Indigent Health Care Act a public hospital had to provide medically necessary inpatient and outpatient care to eligible indigent residents, which would includ…
In North Carolina, can a public school student be released for part of each school day to attend a private school, especially a private specialized school for a disability?
Not as a right, but the local school board has discretion to allow it. The AG concluded that no statute requires public schools to release a student to a private school for part of the day. Under N.C.…
Can a Texas CPS caseworker also be a foster parent for the same agency?
The 1987 opinion did not give a yes-or-no answer. It concluded that whether a Department of Human Services child protective services specialist could serve as a foster parent was a conflict-of-interes…
Does a Texas public university have to offer its employees every approved HMO, or can it choose which ones?
The 1987 opinion concluded that a public college or university had to consider applications from every HMO approved by the state or federal government to offer services in Texas, not just those alread…
Who pays for a parole violator's medical care while he is held in county jail awaiting a revocation hearing?
The 1987 opinion concluded that the county, not the Texas Department of Corrections, was responsible for the medical care of a parole violator held in a county jail while awaiting a parole revocation …
Can a court-appointed standing examiner in Maryland also serve on a Judicial Nominating Commission?
In this 1987 opinion, the Attorney General concluded that a standing examiner appointed by a Maryland circuit court does not hold a public office, so the person could serve on a Judicial Nominating Co…
Can a Maryland court hold a hearing before releasing someone committed after an insanity finding?
In this 1987 opinion, the Attorney General concluded that a Maryland court could hold a hearing on the Department of Health and Mental Hygiene's application to conditionally release someone committed …
If an Idaho boarding school keeps kids 24 hours a day for therapeutic and educational programs, does it have to be licensed under Idaho's child-care licensing law?
The AG concluded that a boarding school providing 24-hour group care for children under 18 was subject to Idaho's Child-Care Licensing Act, even when the program also offered education and therapy. Th…
Can a Texas commissioners court appoint a county commissioner's relative to a vacant county office?
No. The 1987 opinion concluded that the nepotism statute, article 5996a, barred a commissioners court from appointing the first cousin of a sitting commissioner as acting county clerk. Neither the rel…
How is the Harris County auditor selected, and do the judges' selection meetings fall under the Open Meetings Act?
The 1987 opinion concluded that, before a 1987 amendment, article 1645a-10 required a Harris County auditor to be chosen by a two-thirds vote of all the district judges having jurisdiction in the coun…
Does a state agency have to go through formal rulemaking to adopt a workplace smoking policy?
In this 1987 opinion, the Attorney General concluded that the smoking policy guidelines each Maryland executive agency was required to adopt under a gubernatorial executive order fell within the Admin…
When was a court-appointed attorney entitled to compensation for representing an indigent defendant in Texas?
The 1987 opinion concluded that appointed counsel was not entitled to compensation under article 26.05 without appearing in court. When counsel did appear, the court could consider related research an…
Could a Texas county attorney hire and pay an investigator from the hot check fund without commissioners court approval?
Yes. The 1987 opinion concluded that a county attorney could hire an investigator and set the salary without commissioners court approval when the salary was paid solely from the special hot check fun…
Could Houston enforce its municipal anti-smoking ordinance inside Harris County buildings located in the city?
Yes. The 1987 opinion concluded that Harris County was not immune from Houston's anti-smoking ordinance and that the state laws cited by the county neither preempted nor conflicted with the city rule.
Did Texas's criminal rules for unlawfully assisting a voter apply to mail ballots, and were those rules too vague to enforce?
Yes, the Attorney General concluded that the applicable parts of Election Code section 64.036 covered assistance to mail voters under section 86.010. No, the opinion found the offense sufficiently cle…
If I pay off my credit card balance within the grace period, can the issuer still charge me a finance charge for the previous billing period?
Yes, according to this 1987 opinion. The Attorney General concluded Maryland's open-end credit statute lets a credit grantor assess a finance charge on a balance carried over from an earlier billing p…
Could Maryland's Motor Vehicle Administration let someone keep driving to work instead of fully suspending their license in 1987?
In this 1987 opinion, the Attorney General concluded that the Motor Vehicle Administration has authority under §§16-205 and 16-206 of the Transportation Article, together with its general restriction …
Could a Texas court clerk require a court-cost deposit before filing an application for a family-violence protective order?
No. The 1987 opinion concluded that a district or county clerk had to file a protective-order application when tendered and could not make a court-cost deposit a condition of filing.
Could a Texas auto insurer raise prices or use underwriting information because a driver completed a defensive-driving course to dismiss a ticket?
No. The Attorney General concluded that section 143A barred insurers from using the dismissed charge or defensive-driving completion for insurance purposes. The opinion also treated that prohibited us…
How did the FLSA require a Texas county to handle unused compensatory time when an employee left, and which budget line paid it?
The Attorney General concluded that a county had to pay unused FLSA compensatory time when employment ended and could not keep the former employee nominally on payroll. The adopted budget governed the…
Was Texas's law requiring paid labor union organizers to register with the secretary of state still valid after Thomas v. Collins?
The 1987 opinion concluded that the registration requirement was not facially unconstitutional under the First Amendment and was not preempted by the National Labor Relations Act. It distinguished the…
Did a minor child lose Texas public-employee death benefits after being adopted following the covered parent's death?
No. The Attorney General concluded that a child's adoption after the covered parent's death did not end benefits under article 6228f; the child's right had already vested and continued until the child…
Can the Idaho legislature kill an approved minimum stream flow application just by passing a concurrent resolution?
No. The 1987 AG opinion concluded that the provision in Idaho Code § 42-1503 allowing the legislature to reject an approved minimum stream flow by concurrent resolution would be found unconstitutional…
Who paid an indigent prisoner's medical expenses when the prisoner was moved from the Texas Department of Corrections to a county jail on a bench warrant?
The county did. The 1987 opinion concluded that article 104.002 made the county responsible because the prisoner was physically confined in the county jail when the injury and treatment occurred, even…
Could a Texas commissioners court spend county school-land lease proceeds to improve the land?
No. The Attorney General concluded that Llano County could not use rent or lease proceeds from county school land to build improvements there; under the law discussed in 1987, those proceeds had to be…
In North Carolina, can a limited partnership do business under an assumed (DBA) name, or does it have to use its registered partnership name?
It must use its registered name. (1) A North Carolina limited partnership formed under Article 5 of Chapter 59 may not operate under an assumed name. The Assumed Name Statute, N.C.G.S. § 66-68, specif…
Did Jefferson County have to build a replacement road before ending county maintenance and supervision of the entire dead-end Atwood Road?
No. The Attorney General concluded that the replacement-road requirement applied when part of a public road was closed or discontinued in a way that could strand travelers, not when the county ended m…
When did a document count as filed with a Texas district clerk if fees, signatures, attachments, or service copies were missing?
The 1987 opinion concluded that a document was filed when tendered to the district clerk, even if a required fee or signature was missing. The clerk should not alter party-supplied copies except to pl…
Did a Texas county have to use competitive bidding when it obtained federal surplus property through the Texas Surplus Property Agency?
No. The 1987 opinion concluded that a county could accept federal surplus property and pay the Texas Surplus Property Agency's authorized service and handling charges without competitive bidding becau…
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.