State AG Opinions
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When did Texas justice courts have to appoint licensed spoken-language interpreters, and could a county force a court to use its contractor?
Chapter 57 applied to misdemeanor pleas in justice court and generally required a licensed spoken-language interpreter when the appointment rules were triggered. A county could offer a contracted…
Who controls a body donated to a specific Texas medical school, and can the state Anatomical Board reassign it or ship it out of state?
It depends on which law the gift is made under. The Attorney General concluded that a body donated to an institution named in chapter 691 of the Health and Safety Code is 'received under' that…
Can a Texas county lease a building to a private museum for $1 and agree to pay the upkeep and utilities for decades?
Partly. The Attorney General concluded that Midland County had authority under chapter 319 of the Local Government Code to acquire property for a museum and to lease it to the private Museum of the…
Could a Washington public utility district leave an included city outside its commissioner voting districts?
The Attorney General concluded in 2002 that Benton PUD had to include all of Richland in its commissioner districts because the city remained within the PUD’s territorial boundaries. The county…
If New York voters submit a petition to establish a ward system for town council elections, must the town board put the question on the ballot even if it never voted to do so?
Yes. Once electors filed a proper petition under Town Law § 81, the Town Board of North Hempstead had a ministerial duty to submit the ward-system proposition to the voters. No prior town board…
Did a California city owe documentary transfer tax when it acquired real property?
No. The AG concluded that a city was a political subdivision for the documentary transfer tax exemption when acquiring title to real property.
Could an Iberville Parish police juror also serve as a deputy sheriff?
The AG said no. The cited dual officeholding provision barred a member of the parish governing authority from holding any office or employment with the sheriff.
Could Morgan City police and firefighters attend a barbecue hosted by the mayor and council?
The AG said classified fire and police employees could attend the barbecue honoring their storm response. Attendance at the described event was not political activity barred by the civil-service law.
Does a Breeders' Cup-style horse race qualify for the Texas Racing Act's special tax reimbursement meant for the Breeders' Cup?
No. The Attorney General concluded that 'the Great State Challenge,' an event modeled on the Breeders' Cup and held at Sam Houston Race Park, did not qualify as the 'Breeders' Cup races' under…
Does a nonvoting member of a Texas appraisal district board count toward a quorum and can they serve as an officer?
Yes. The Attorney General concluded that a county assessor-collector who serves as a nonvoting member of an appraisal district board under Tax Code sections 6.03 and 6.04 is still counted in…
Does a Texas grand jury have to use a licensed court interpreter for a deaf or non-English-speaking witness?
Yes. The Attorney General concluded that a grand jury hearing is a 'criminal proceeding' for purposes of Government Code section 57.002, so when a witness who is deaf, hearing-impaired, or does not…
Can a budget rider redirect Texas historic-courthouse preservation money to restore a church or other non-courthouse building?
No. The Attorney General concluded that Rider 20 of the Texas Historical Commission's 2002-03 appropriation did not, by its terms, authorize spending Historic Courthouse Preservation Program funds…
Can a state university professor be paid for serving on a school board, city council, or water district board in Texas?
No. The Attorney General concluded that a professor or instructor at a state university is not a 'schoolteacher' under the 2001 amendment to article XVI, section 40 of the Texas Constitution. That…
Does a Texas community housing nonprofit automatically get a property tax exemption on the low-income rental housing it owns?
Not automatically. The Attorney General answered only in general terms because whether a particular organization qualifies is a question of fact the AG cannot decide. To be exempt under Tax Code…
Could one person serve on both the GLEAMNS commission and Greenwood Metropolitan District board in South Carolina?
The 2002 AG said no. Both governing board positions counted as public offices exercising state authority, so simultaneous service would violate the state constitutional dual-office rule.
When the NC legislature moved the DMV Enforcement Section from DOT to the Department of Crime Control and Public Safety in 2002, did it also move the special tax-information exception that let DMV exchange tax data with the Department of Revenue?
Yes. Even though the General Assembly forgot to update G.S. 105-259(b)(7) in the laundry list of statutes it specifically rewrote, the omnibus 'successor in interest' language in Section 1 of…
When the Piedmont Triad Airport Authority lets a construction contract that uses federal Department of Transportation money, must it apply North Carolina's 10% minority business goal under § 143-128.2 and the related HUB reporting rules, or can it elect the federal DBE program under 49 C.F.R. Part 26?
For a contract using federal money, the Authority may choose to let it under federal law pursuant to N.C.G.S. § 63-54(c). The AG said § 143-128.2 would then be inapplicable. If the Authority chooses…
Could South Carolina workers’ compensation commissioners lose statutory travel subsistence under a commission policy?
The 2002 AG said the commission could not change the statutory per diem, refuse the out-of-county allowance, or cap paid hearing days by policy. It left the question of requiring hotel receipts to…
Which of the seventeen new misdemeanors created by Georgia's 2002 General Assembly will trigger fingerprinting of the arrestee under Georgia Crime Information Center procedures?
Eleven of the seventeen offenses are designated for fingerprinting, and six are not. The designations cover four false-identification-document offenses under § 16-9-4(b)(1), (b)(2), (b)(3), and…
Was a secure treatment program for girls in DCF custody a Connecticut correctional facility?
The AG concluded that a planned hospital behavioral-health program for girls in DCF custody was not a correctional facility. It would be administered under a DCF contract, not by the commissioner of…
Can a volunteer firefighter serve on a California fire district board while receiving per-call pay and a boot allowance?
Yes, under the payments described in this opinion. The AG treated the volunteer as a district employee but said $8 per fire call and up to $200 for boots were not a salary, so the statute’s…
If the NC General Assembly abolishes the Ports Railway Commission and transfers its rail assets and liabilities to the State Ports Authority, will the SPA become a 'common carrier' subject to the federal Railway Labor Act?
No. The legislation rewrites N.C.G.S. § 143B-454(a)(4) to prohibit the SPA from operating rail facilities even though it may own them. Continued rail service at Wilmington and Morehead City will run…
Could Maryland review the conversion and sale of a CareFirst insurer based in Washington, D.C.?
Yes. The AG said Maryland's Insurance Commissioner had authority under multiple State laws to review the GHMSI portion of CareFirst's proposed conversion and sale, although the commissioner could…
Could employees of private transit contractors join the South Carolina public retirement system?
The 2002 AG said no for employees of ATC Vancom and Connex TCT. Their contracts with a public transit authority did not make those private companies eligible public employers under the retirement statute.
Can a New York town spend public money to help repair a privately owned dam that controls flooding on private lake property?
The contribution may be permissible if the town board credibly finds that sewage from flooded septic tanks puts public health at risk and that rebuilding the dam would primarily protect the public…
May members of the NC Information Resources Management Commission (and their delegates) attend closed-session committee meetings where the State Auditor reports detailed IT security audit findings about specific State agencies, without waiving the statutory confidentiality of those findings?
Yes. Members of the IRMC and the Information Protection and Privacy Committee, whether their own agency was audited or not, may be present in the closed session and the confidentiality of the…
Could a Terrebonne Parish council member work for a nonprofit that sought parish funding?
The AG said a council member's job with Work Connection, Inc. would be incompatible with the elected position if the corporation sought or received parish funds. The nonprofit job alone did not…
Did federal health privacy rules override South Carolina medical record copy fees for workers’ compensation claims?
The 2002 informal AG opinion said the state fee rule might not be preempted by the federal individual-access rule, but its conclusion was expressly uncertain. It did not settle whether every…
Could a district attorney seek removal of a parish council member who was ineligible when elected?
Under the 2002 constitutional provision it applied, the AG concluded that the council member's felony conviction barred him from holding office and that the district attorney could bring a quo…
In Texas, which officials have to file their signed anti-bribery statement with the Secretary of State?
Only state-level officers. The Attorney General concluded that the term 'state officer' in article XVI, section 1(c) of the Texas Constitution means officers whose jurisdiction covers the whole…
Can a Texas county judge who is also a lawyer get the county to waive the conflict of interest so he can practice law in his county's courts?
No. The Attorney General found no statute that lets the commissioners court consent, on the county's behalf, to a county judge practicing law in the justice, county, or district courts of his own…
Could South Carolina enact a Lexington County-only exception to boat tax liens and title-transfer rules?
The 2002 AG considered the county-only measure constitutionally suspect special legislation because a statewide law already covered the subject. The opinion said only a court could invalidate it, so…
Does the Texas Court Reporters Certification Board have to certify real-time captioning specialists?
No. The Attorney General concluded that section 57.021(d) of the Government Code, which lets the Texas Commission for the Deaf and Hard of Hearing keep a list of people 'certified by the Court…
Can a Texas insurance carrier's attorney send workers' comp claim letters directly to a claimant who already has a lawyer?
Yes. The Attorney General concluded that a Texas Workers' Compensation Commission rule (28 Tex. Admin. Code 102.4(b)) requiring carriers, employers, and health care providers to send copies of all…
Can a New York town's confidential assistant to the supervisor also serve as a member of the town planning board?
Yes. The AG concluded the positions of confidential assistant (secretary) to the town supervisor and member of the town planning board were compatible. Neither office reviewed the other, and the…
If a Texas municipal hospital authority leases part of its building to a private company, does the building stay exempt from property tax?
Not automatically. The Attorney General concluded that a hospital authority's building has to meet the 'exclusive public use' requirement to be exempt under article VIII, section 2 of the Texas…
Can a county keep the minutes of an executive session about buying land confidential while negotiations are still ongoing?
Yes, under the law as it stood in 2002. The AG found Sussex County Council properly used executive session to discuss a preliminary land purchase and could keep the session's minutes confidential…
Could a California county charge more than direct duplication cost for a public-record copy?
Yes, for most copies under the law reviewed, if the fee was no more than reasonably needed to recover the county’s cost. Specific record-copy fees listed in section 54985 remained excepted.
Can Texas's Rural Foundation use its money to fund rural programs that aren't health-related?
No. The Attorney General concluded that the Rural Foundation, the nonprofit corporation the Legislature created in chapter 110 of the Health and Safety Code, may only raise and spend money to…
What happens to a Texas groundwater conservation district when voters reject the election to confirm it?
The Attorney General worked through nine questions about the Southeast Trinity Groundwater Conservation District after voters in November 2001 rejected confirming it (and rejected a tax). The main…
Could the Ladies Island-St. Helena Fire District condemn property even though its creating act omitted that power?
The 2002 informal AG opinion said yes, provided a 1981 act extending general-law powers to older special districts remained in force. The author had not performed a complete year-by-year check for…
Could South Carolina authorize traffic cameras by statute, or would it need a constitutional amendment?
The 2002 AG said a properly drafted statewide statute could authorize automated traffic enforcement without a constitutional amendment. The letter cautioned that the statute would need to account…
Did a California truck need a cover when its gravel load stayed below the cargo box rim?
Under the configuration in the opinion, no. The AG said the load did not need a cover when it stayed at least six inches below the edges where it met the sides, front, and back, and its peak stayed…
Who chose how a Washington county recording officer returned a recorded document?
The Attorney General concluded in 2002 that the person presenting a document for recording chose between personal delivery and transmission to the address on the document. RCW 65.04.090 required the…
Can the New York Crime Victims Board pay business start-up or business-enhancement costs for a disabled crime victim under its rehabilitative training authority, and is self-employment a valid goal?
No to the first two questions, conditional yes to the third. Executive Law § 631(2) authorizes rehabilitative occupational training, not general business start-up or enhancement costs. But…
Can a sitting New York Court of Claims judge also serve on the New York Commission on Uniform State Laws?
No. Article VI § 20(b) of the state Constitution forbids Court of Claims judges from holding any other public office or trust except offices related to court administration. The Commission on…
Could a California credit card issuer charge a phone payment fee stated in the card agreement?
Yes. For the voluntary demand-draft payment described, the AG concluded that the issuer could charge a service fee if the credit card agreement expressly authorized it.
Can a Texas county pay grand jurors more than petit jurors, or vary juror pay by which court they serve in?
No. The Attorney General concluded that section 61.001 of the Government Code requires a county commissioners court to reimburse all jurors at the same daily rate, with one exception. Under…
Can a Texas business that already maxed out its enterprise project tax benefits get a second concurrent designation in the same zone?
No. The Attorney General concluded that under the Texas Enterprise Zone Act and Tax Code section 151.429, an 'enterprise project' is the discrete business entity located in a particular enterprise…
Could a licensed South Carolina driver get a no-license charge dismissed by showing proof to the court?
The 2002 AG said the dismissal provision appeared intended to cover drivers who held a valid license but did not have it with them, if they timely showed proof to the court. The letter called that…
How long could a South Carolina municipal judge impose conditions on a suspended sentence?
The 2002 informal AG opinion found no general statutory maximum for the period a municipal judge could set. It said conditions still had to respect constitutional, statutory and public-policy…
If a city council secretly meets with a developer about annexing land, can it fix the violation before making a final decision?
Yes, under the law as it stood in 2002. The AG found the City of New Castle violated FOIA by meeting with a developer about annexation plans without public notice, but commended the city for…
Can a California city reimburse council members for buying meals for constituents or legislators?
The AG concluded that a general law city could not reimburse council members for meals bought for third parties at city-related meetings. A charter city could do so if its charter authorized that…
Can Texas require foreign-trained teachers to provide a 'Letter of Good Standing' from their home country to get certified?
Partly. The Attorney General concluded that the State Board for Educator Certification has authority to verify that a foreign educator's credential is in good standing, and may ask for a 'Letter of…
When does a Texas commissioners court have to approve a defeated county commissioner's spending?
The Attorney General concluded that section 130.908 of the Local Government Code, which requires commissioners court approval of a defeated incumbent commissioner's expenditures in a county under…
Did Connecticut have to fill every state marshal vacancy up to each county’s statutory limit?
The AG concluded that the State Marshal Commission could appoint fewer marshals than the number listed for each county. The phrase “shall not exceed” set maximums, not required staffing levels.
Could South Carolina’s Workers’ Compensation Commission control a commissioner’s court reporter or secretary?
The 2002 AG said no. The statute placed hiring, retention and discharge of each commissioner’s secretary and court reporter with that individual commissioner, so commission policy or an agency…
Could Connecticut’s governor make the AG release eight CRRA documents about the Enron loan?
The AG said CRRA, rather than his office, could decide whether to release eight records a FOIA ruling had found exempt. He concluded their release would not force disclosure of additional privileged…
Was Baltimore's next city election due in 2003 under State law or in 2004 under its charter?
The AG said Baltimore's next municipal general election should be November 2, 2004, as the charter provided. It read the State statute's reference to a different four-year cycle as a description of…
Could South Carolina pay inmates below prevailing wage for service work under private industry contracts?
The 2002 AG said no for inmates working in the program authorized by § 24-3-430. That state law expressly covered services and required the prevailing private-sector wage for similar work, even…
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