State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try a different search term or clear the filters.
Could Corpus Christi require pawnshops to keep more detailed customer records and delay redemption for 72 hours?
Corpus Christi could require detailed pawnshop records because that rule complemented state law. It could not impose a 72-hour redemption delay because state law required pledged goods to be returned …
Could a Texas county use combination tax and revenue bonds to build toll roads without violating the constitutional ban on lending public credit?
Yes, assuming the bonds complied with all constitutional and statutory debt requirements. JM-84 said charging tolls did not itself create a constitutional problem and county toll roads could serve a l…
Can Maryland's Comptroller force county court clerks and registers of wills to pay their employees through the state's Central Payroll Bureau?
In this 1983 opinion, the Maryland Attorney General concluded that the State Comptroller could not require Clerks of the Circuit Courts or Registers of Wills to pay their employees through the Central…
Could Texas impose a 3% gross-receipts tax only on out-of-state railroad-car companies while exempting Texas companies doing the same business?
No. JM-83 concluded that taxing only out-of-state railroad-car companies, with no legitimate purpose for the discrimination, violated the Fourteenth Amendment's Equal Protection Clause.
After the U.S. Supreme Court's Lehr v. Robertson decision in 1983, do North Carolina adoption courts and child-placing agencies still have to notify a child's biological father of adoption or termination-of-parental-rights proceedings when the parents were not married?
Yes, in every case, regardless of Lehr. The 1983 amendment to G.S. 48-6(a)(3) added an explicit statutory requirement: a court can dispense with a putative father's consent only after giving him notic…
Could a Texas county commissioner donate copyrighted court forms to his own county while marketing the same forms to other counties for personal profit?
No. JM-82 treated the accepted donation as a contract and concluded that the commissioner's planned use of Collin County as a sales showcase created an indirect interest prohibited by article 2364.
Could Harris County release the names and addresses of parents whose infants died from sudden infant death syndrome without the parents' consent?
No. JM-81 concluded that the parents' identities were protected by common-law privacy because disclosure would reveal highly intimate or embarrassing family information with no sufficient public inter…
In a North Carolina nonpartisan town or city election, can a candidate drop out after the filing deadline has passed and have their name taken off the ballot?
Yes, if there is still time to reprint the ballots before election day. If the candidate withdraws before the ballots are printed, the name should not appear at all. If withdrawal happens after the ba…
Could Texas retroactively impose new 67% or unanimous voting rules on condominium declarations and deeds that already contained different amendment rules?
Not when the existing condominium deeds or declarations contained contrary provisions. JM-80 said the new rules were not invalid in every application, but retroactive use that changed existing contrac…
Could the Harris County Commissioners Court reject the hospital district's entire budget because it funded a pregnancy-termination clinic?
Yes. JM-79 concluded that the commissioners court's statutory right of final approval allowed it to reject any hospital-district budget, and no statute required the court to state a reason for disappr…
Did federal disability law prevent Texas from requiring school-bus drivers to meet a minimum hearing standard?
JM-78 said federal law did not categorically bar a reasonable hearing standard, but it did not decide whether the particular rule was fully lawful or reasonable on the facts. A cited district-court ru…
Did using former state ad valorem tax funds exempt Texas public-college construction from Coordinating Board approval?
No. JM-77 said Coordinating Board approval was required whether ad valorem tax receipts funded all or part of the project, unless the legislature itself approved the project. It expressly overruled MW…
Could a Texas university faculty member receive a lump-sum payout or use vacation earned while also serving as an administrator?
The employee could use qualifying vacation leave from administrative duties without losing administrative salary, but could not use it for faculty duties. A returning faculty member was not separated …
When Texas's amended bail-bond law referred to crimes committed after 'the effective date of this Act,' did it mean 1973 or 1981?
It meant August 27, 1973, the original Bail Bond Act's effective date. JM-75 said the 1981 complete reenactment did not reset the cutoff for license eligibility, suspension, or revocation.
Can a North Carolina life care center receive a certificate of need to add nursing home beds, even though the 1983 session law has a cross-reference to a subsection that doesn't quite fit, suggesting the legislature may not have meant to include life care centers?
Yes. The 1983 AG concluded that the reference in section 1 of Chapter 920 to 'section 31(f)' was a clerical mistake. The reference should be read as a reference to section 31 (which does authorize lif…
If the DC Office of Human Rights dismisses my private-sector discrimination complaint for no probable cause, can I appeal to the DC Commission on Human Rights for review?
No. After 1973, the Commission on Human Rights lost its authority to review no-probable-cause dismissals by the Office of Human Rights. Your only path to challenge a no-probable-cause dismissal is to …
Does a Superior Court or Appellate Court judge who took the bench before January 1, 1974 but retired after that date get later increases to keep his retirement at two-thirds of the current salary paid to the office he left?
No. The 1983 AG concluded that the Uniform Judicial Retirement System protected the initial retirement allowance for pre-1974 judges by using the higher of the old (Chapter 7A) or new (Chapter 135) ca…
Did North Carolina have to provide a free public education to children with disabilities through age 21, the same as for nondisabled students, even though the special-needs definition statute only mentioned ages 5-18?
Yes. The AG concluded that the State's obligation to children with disabilities extended through graduation or age 21, the same as for other students. The narrower age range in the special-needs defin…
Can Maryland cut future pension benefits for state employees and teachers without violating the constitutional ban on impairing contracts?
In this 1983 opinion, the Maryland Attorney General concluded that a bill reducing future benefits under the State Employees' and Teachers' Retirement Systems would likely not violate the U.S. Constit…
Could a Texas appraisal district waive the 5% penalty and 10% interest on a taxing unit's late budget payment?
No. JM-74 said an appraisal district lacked statutory authority to waive or rescind the mandatory penalty and interest. LO-95-62 later reaffirmed that conclusion.
Could a Texas sheriff award county-jail good-time credit for days an inmate served before sentencing?
Yes. JM-73 said presentence confinement was part of the sentence for good-time purposes and had to receive equal consideration. An inmate receiving article 5118a good-time credit could not also receiv…
Could an appraisal district replace its chief appraiser with an independent contractor and let the chief appraiser hire his wife as secretary?
No on both points. JM-72 said the Tax Code did not authorize outsourcing the chief appraiser's statutory office, and the chief appraiser's personnel authority made the nepotism law applicable to hirin…
Who controlled money and property donated to or raised by a county historical commission, and could the commission keep its own bank account?
JM-71 treated the commission as the county's agent. The commissioners court controlled acceptance and disposition of donated real property, while all money, including fundraising receipts and interest…
Could a commissioners court control state Professional Prosecutors Act funds paid to a district attorney, and how could those funds appear in the county budget?
JM-70 said the district attorney controlled the state funds for authorized office expenses. The commissioners court could show their availability but could not direct their use or include them in the …
Was a motor-carrier permit or certificate transferred for tax purposes when a creditor took it after default on a secured note, and how was the transfer tax calculated?
Yes. JM-69 treated the assignment after default as a taxable transfer when the creditor could continue service. The tax was 10% of the cancelled debt plus 10% of additional cash consideration—$7,500.1…
In North Carolina, does a company that builds commercial billboards for lease to advertisers need a Building Code permit before putting one up?
Yes. Commercial billboards (permanent outdoor advertising displays) are governed by Chapter XXIII of Volume 1 of the State Building Code, which requires a permit from the Building Official before any …
Could a Maryland town create a special downtown tax district to fund business promotion without specific state legislative authorization?
In this 1983 opinion, the Maryland Attorney General concluded that the City of Hagerstown could not create a special taxing district to finance downtown business promotion and management without new e…
Was Senate Bill No. 1's definition of intoxication as an alcohol concentration of 0.10% or more unconstitutionally vague?
No. JM-68 concluded that the per-se definition gave drinking drivers constitutionally adequate notice. It replaced a rebuttable presumption with an alternate statutory method of committing DWI while l…
Was the Texas Catastrophe Property Insurance Association's plan of operation an administrative rule, and if so, whose rule was it?
JM-67 said the plan was a rule of the State Board of Insurance, not of the association. The association could only propose a plan; the board's approval adopted it as the agency's broadly applicable st…
Could the Texas State Treasurer use wire transfers to move money between state depository banks and collect money into the treasury?
Yes. JM-66 said an inter-depository transfer kept money within the treasury and under the treasurer's control. The statutory remittance methods were minimum authorized forms, not an exhaustive ban on …
Could Mason County fund the general operations of a privately owned nonprofit hospital or pay it for indigent care and ambulance-related services?
The county could not donate money for the private hospital's general operations. It could contract for authorized county services such as indigent medical care and public-health ambulance functions if…
Did an appropriations rider violate the Texas Constitution by treating two affidavits as adequate proof of citizenship or residency for state-funded health services?
No. JM-64 said the affidavit sentence merely explained the rider's funding restriction and was necessarily connected and incidental to the appropriation. It did not amend other law or enact unrelated …
Did the county judge or county clerk control preparation of a commissioners court's meeting agenda?
Neither. JM-63 said the commissioners court as a whole controlled and could amend its agenda. It could designate an agenda clerk and prescribe submission procedures, but every court member had to be a…
Could lay bail bondsmen appear in bond-forfeiture proceedings and file motions for a bonding company, partnership, or corporate surety?
No. JM-62 said lay bondsmen could represent themselves and their own interests, but could not appear, prepare motions, or request relief for other people, partnerships, bonding companies, or corporate…
How did a county have to hold, disburse, and use state voter-registration reimbursement money?
JM-61 required deposit with the county treasurer in a special county-depository fund, commissioners-court action before disbursement, and use for reasonable registrar expenses directly attributable to…
Did Texas's small-school personnel-unit formula violate state equal protection or the constitutional duty to maintain an efficient public-school system?
No. JM-60 assumed without deciding that strict scrutiny might apply and found the formula justified by compelling resource-allocation needs. It also held that minimum enrollment and distance rules pro…
Were concession rights held by a nonprofit operating a golf course in a Texas state park exempt from property tax?
No. JM-59 said the underlying state land remained exempt because the golf course served a public purpose, but the concessionaire held a separately taxable possessory interest. The Tax Code exempted ce…
Could the legislature require Senate confirmation of executive-agency heads who were not appointed by the governor?
No. JM-58 said Senate confirmation under article IV, section 12 applied to governor-appointed state or district officers. Requiring confirmation of employees, non-state officers, or officers appointed…
Could a county contract with a homeowners association to dedicate county deputy sheriffs or constables to the association's area in exchange for payment?
JM-57 said no under the 1983 law and the particular contract, finding an improper restriction on deployment discretion and constitutional and public-policy defects. GA-0553 later overruled JM-57 to th…
Did serving on a Baltimore City park board or a Maryland county personnel board disqualify someone from serving on a judicial nominating commission?
In this 1983 opinion, the Maryland Attorney General concluded that a member of the Baltimore City Board of Recreation and Parks held an unpaid "office of trust" and a member of the Prince George's Cou…
Could a nonlawyer authorized agent represent a landlord or tenant in a justice-court eviction case under former Rule 747a?
No, according to JM-56. It construed 'authorized agents' to mean attorney agents because allowing a nonlawyer to manage the case for another party conflicted with the State Bar Act. A party could stil…
Could outgoing Lavaca Hospital District directors act on ordinary board business after election day but before their successors qualified and took office?
Yes. JM-55 said the outgoing directors remained de jure holdover officers with full powers until their successors qualified. Their expired terms and the board's election-canvass duty did not create a …
Could a judge who completed 20 years of service shortly before age 71 receive the extra 10% retirement annuity by retiring after turning 71?
No. JM-54 said a judge already eligible to retire before age 71 had to retire before that birthday to receive the additional 10%. The any-age exception applied to a judge who was not eligible at 70 an…
Did Maryland's public records law protect unsolicited letters commenting on a government job applicant's qualifications, not just letters the applicant asked someone to write?
In this 1983 opinion, the Maryland Attorney General concluded that the Public Information Act's exemption for "letters of reference" covered both letters an applicant solicited and unsolicited letters…
Did a married school employee need spousal consent for payroll deductions covering union dues, charitable gifts, loan payments, or insurance premiums?
Only when the deduction operated as security for a valid, enforceable debt. Voluntary, revocable union-dues and charitable deductions were not indebtedness and needed no spousal consent. Loan and insu…
Was it constitutional for Maryland to give a big property tax break to an all-male country club like Burning Tree?
In this 1983 opinion, the Maryland Attorney General concluded that a state law giving country clubs a preferential property tax assessment, while exempting single-sex clubs like Burning Tree Country C…
When did Senate Bill No. 94 repeal the Parks and Wildlife Code provisions listed in article 1, section 37, including fur-bearing-animal rules?
Each listed provision was repealed when a Parks and Wildlife Commission proclamation regulating the conduct covered by that provision took effect. The legislature adopted section 61.004's proclamation…
Could a Harris County constable charge the Industrial Accident Board for serving subpoenas issued for administrative hearings?
Yes, if the Harris County Commissioners Court authorized the fee. A new statute let commissioners courts set reasonable sheriff and constable service fees capped at the expense of providing the servic…
Could a Texas business corporation contribute to a nonprofit that performed nonpartisan research requested by a legislative caucus and shared the results broadly?
On the stated assumptions, yes. JM-50 found the contribution not necessarily barred or reportable under the corporate-donation, campaign-finance, lobbying, or bribery laws because the nonprofit did no…
Could a Hardin County district judge raise county-auditor assistants' salaries during the budget year and create a court-coordinator position without statutory authority?
The judge could approve midyear salary increases after a proper auditor application if spending stayed within anticipated revenue and the budget was lawfully amended. The judge could not unilaterally …
Could the Health Department withhold radioactive-waste license applicants' balance sheets, and did it have to treat an information request as continuing into the future?
A balance sheet could be withheld only on facts showing that release would substantially harm the submitter's competitive position; the bidding exception did not apply. The Open Records Act required p…
Could the Texas Animal Health Commission inspect livestock leaving Texas and use Form 2-71 even though the form was not named in statute?
Yes. Section 161.048 gave the commission discretion to inspect any livestock shipment moving within Texas, including outbound shipments. The commission could use Form 2-71, and the inspecting agent di…
Did the Veterinary Medical Examiners Board have to waive its examination for a veterinarian licensed in a state with substantially equivalent requirements?
No. Section 10(b) permitted but did not require a waiver. The board could create reciprocal licensing, continue requiring its examination, and consider any reasonable factor relevant to whether the ap…
Could a school district keep hiring an outside CPA as auditor after the CPA's first cousin joined the school board?
The nepotism law applied even if the CPA was an independent contractor. Continued hiring was permissible only if the CPA had been continuously employed or under contract as auditor for the entire two …
Could Harris County accept a donated swimming pool, charge pool admission and camping fees, and use the revenue to operate the pool?
Yes. JM-44 concluded that the Harris County park board could accept the donated pool, charge admission and camping fees, and use pool-admission revenue for the pool's operation, maintenance, and regul…
Was Texas Property Tax Code section 26.011, which limited certain reappraisal increases, constitutional?
No. JM-43 concluded that section 26.011 violated the Texas Constitution because it could value taxable property below market value without a specific constitutional authorization for special valuation…
Could Maryland law block a foreign bank like Allied Irish Banks from taking control of a Maryland bank holding company?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland statute flatly barring a foreign bank from becoming a bank holding company could not constitutionally be applied to block …
Can a Maryland condo board control what an owner does with a patio or balcony, and who has to maintain it?
In this 1983 opinion, the Maryland Attorney General concluded that a condominium board has statutory and declaration-based authority to control the appearance and any alteration of limited common elem…
Can a retired North Carolina state employee participate in the state employee suggestion system and collect cash awards for cost-saving ideas submitted after retirement?
No. The 1983 AG concluded that G.S. 143-340(1) limits participation in the state employee suggestion system to current state employees. The statute speaks of 'state employees' suggestions' and 'employ…
Could a Maryland county amend its charter to require a municipality's consent before county laws applied inside that town?
In this 1983 opinion, the Maryland Attorney General concluded that a newly enacted state law, Chapter 398 of the Laws of Maryland 1983, permitted a charter county to amend its charter so that county l…
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.