State AG Opinions
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Can a Texas city reappoint a director of its economic development corporation to another term?
The Attorney General concluded yes. Nothing in the Development Corporation Act of 1979 (article 5190.6) or the Texas Non-Profit Corporation Act bars reappointing a director of a section 4A economic…
Can a Texas county tax assessor-collector use escrow account interest to boost her own salary?
The Attorney General concluded that section 23.122 of the Tax Code does not forbid it, but the use is tightly conditioned. The tax assessor-collector must first determine that supplementing her…
Who appoints members of a Texas fire and police civil service commission when a term expires?
The Attorney General concluded that under section 143.006 of the Local Government Code, the expiration of a member's term is not a 'vacancy,' so the mid-term vacancy-appointment rules do not apply…
Can Texas garnish wages to collect attorney's fees in a child-support case?
The Attorney General drew a line based on article XVI, section 28 of the Texas Constitution, which bars wage garnishment except to enforce court-ordered child support. A statute may let a court…
Do Texas State Affordable Housing Corporation board members need Senate confirmation?
The Attorney General concluded yes. Even though the corporation is a nonprofit doing work usually associated with the private sector, its board members hold state offices under article IV, section…
Did living together for years automatically create a common law marriage in South Carolina?
No. The 2001 AG letter said time living together did not itself create a marriage. A court ordinarily determined marital status from evidence of the couple’s mutual intent to be married.
Did South Carolina require booking and fingerprints for misdemeanor arrestees released on recognizance?
Yes. The 2001 AG letter said SLED required booking reports for every lawful arrest regardless of offense seriousness or release on bail, and that fingerprinting was a necessary part of the report.
Did South Carolina’s school bus safety law cover city recreation vans taking children to parks and movies?
The 2001 AG could not settle that question. It found plausible broad and narrow readings of the law and said legislative or judicial clarification was needed for Aiken’s recreation vans.
Can a Texas physical therapist license applicant pay the exam fee directly to the exam company?
The Attorney General concluded no. Section 453.202 of the Occupations Code requires an applicant for a physical therapist or physical therapist assistant license to submit the examination fee to the…
Can a loaded concrete truck drive on any Texas road regardless of posted weight limits?
The Attorney General concluded no. A ready-mixed concrete truck carrying a gross load up to 69,000 pounds may operate on Texas public highways if its owner has filed the required surety bond, but…
Can Texas ban doctors from using patient testimonials in their advertising?
The Attorney General concluded that the Texas State Board of Medical Examiners is authorized to bar all testimonials in physician advertising. Although section 153.002 of the Occupations Code lets…
Could a city attorney defend a district-court criminal case or an assistant DA defend a case in another district?
The 2001 opinion said a city attorney could defend a criminal case in district court, while an assistant district attorney could not defend a criminal prosecution anywhere in Louisiana. It declined…
Can a North Carolina state senator take a marketing job with a nonprofit institute and earn commissions on sales it makes to local governments, other states, and private parties without violating the state's public-contracting conflict-of-interest law?
Yes, likely. The NC AG concluded in 2001 that Senator Stephen Metcalf could probably accept a Director of Development position with Mars Hill Institute and receive compensation tied to sales of the…
Can a Delaware school board go into closed session to discuss collective bargaining, and does it have to say so on the agenda?
The board can hold the closed session, since collective bargaining records are exempt from FOIA's public records requirements, but the AG found the board violated the law by labeling those closed…
Could Wicomico County refund a transfer tax collected before voters rejected it in a referendum?
The AG concluded that Wicomico County could not itself authorize refunds of transfer tax collected while its emergency ordinance was in force. The county would need specific authority from the…
Where did a Maryland sheriff have to post an eviction summons for an apartment in a multi-unit building?
The AG concluded that a process server had to post the summons on the individual apartment, along with mailing it. A common-area posting was allowed when the tenant made access impossible without…
Could Maryland inspectors enter a trucking company's premises without a warrant or advance notice?
Yes under the statute analyzed in 2001. The AG said specified officials could conduct limited, unannounced inspections of motor-carrier equipment and required records during normal business hours…
Did South Carolina’s FOIA cover a county economic development advisory board that received no public funds?
The 2001 AG thought a court would likely treat Chester County’s board as a public body because the county created it to perform government advisory work, even though it had not received public funds.
Could South Carolina’s State Museum give its supporting foundation office space rent-free?
The 2001 AG said yes under that year’s appropriations proviso and probably even without its renewal, because supporting the museum served a public purpose. It left the foundation’s possible tax…
After Oregon voters approved Measure 7 in 2000 to require the government to pay landowners for regulations that reduce property value, how do property owners file a claim, what counts as a regulation, and which property owners qualify?
The AG concluded that DAS could prescribe procedural rules for Measure 7 claims (forms, where to file, adjudication process) but could not interpret the substance; that a 'regulation' under Measure…
Were Louisiana work-release prisoners covered by workers' compensation through private employers?
The 2001 opinion said work-release inmates were employees of their private employers and had workers' compensation rights under La. R.S. 23:1201.4, subject to the statute's restrictions during…
Could Bossier Parish give money or property to local nonprofits through a cooperative agreement?
The AG said a cooperative agreement alone did not remove the constitutional bar on gratuitous transfers. The police jury needed a legal obligation to spend or transfer the asset, a public purpose,…
Can the Texas pharmacy board satisfy a duty to list narrow therapeutic index drugs with an empty list?
The Attorney General concluded yes. Section 562.014 of the Occupations Code directs the Texas State Board of Pharmacy, in consultation with the medical board, to establish by rule a list of 'narrow…
Which police officers are eligible to take the sergeant promotional exam in San Benito, Texas?
The Attorney General concluded that police officers in San Benito with at least two years of continuous service as either Police Officer II or Police Officer III are eligible to take the civil…
Can one person serve as both a municipal utility district director and a city zoning commission member in Texas?
The Attorney General concluded that one person could not hold both offices. A director of a municipal utility district and a member of a city planning and zoning commission are both public officers,…
Can a Texas economic development corporation board approve funding for a business owned by one of its own members?
The Attorney General concluded it depended on the kind of transaction. The board of an economic development corporation may not approve a loan to one of its directors, because the Texas Non-Profit…
Who is allowed to scan the magnetic stripe on the back of a Texas driver's license?
The Attorney General concluded that the electronically readable magnetic stripe information on a Texas driver's license or identification card may be used only by law enforcement and other…
Can a Texas police chief promote his nephew to lieutenant when the chief makes the final selection?
The Attorney General concluded that the chief could not. Under the state nepotism statute, a public official who has final authority to select someone for a position paid from public funds may not…
Did South Carolina jail inmates earn good-time credit for days spent in custody before trial?
The 2001 AG found it reasonable to credit pretrial detention day for day without awarding good-time deductions for those days. It read the good-time statute as beginning after conviction and sentencing.
Was South Carolina’s Lake Wateree motorboat noise law unconstitutional special legislation?
The 2001 AG thought the law would very likely survive a challenge. It said distinct conditions at a particular lake could justify special boating rules, while only a court could declare the statute…
Could a South Carolina county code enforcement officer also serve on a city construction appeals board?
The 2001 AG treated the code enforcement officer as a public officer, outside the constable exception. It said a comparable construction appeals board seat would likely be a second office, but had…
Could a South Carolina House member also serve on the Economic Education Council?
Yes. The 2001 AG said the council was a nonprofit whose education work did not exercise state sovereign power, so its membership was not a second public office.
When does a business in North Carolina need to have an air-pollution permit in hand: when it finishes building a new pollution source, or when it starts construction?
Start of construction. The 2001 NC AG opinion interpreted N.C.G.S. § 143-215.108(a)(2) to require an air-permit before any on-site assembling of materials that will constitute a 'source' of air…
Did a Louisiana district court clerk have to close for Martin Luther King Jr. Day?
The AG said a district court clerk had to close when the governor proclaimed Dr. Martin Luther King Jr.'s birthday a legal holiday. He distinguished a parish or city court clerk, who could close for…
Could Connecticut release health-license applicants’ photos in public records requests without consent?
The AG concluded that photographs supplied for public-health licenses could not be disclosed to the public without the individual’s express consent, despite access to other parts of the license…
Could company police officers acting under a contract between their agency and Newton Grove enforce laws on the town’s streets and in private businesses?
No. The AG concluded that company police officers acting under the NCSP–Newton Grove contract lacked territorial law-enforcement authority on the town’s streets and private businesses. It said the…
Did Connecticut’s 2001 physician-only abortion rule prevent supervised clinicians from dispensing mifepristone?
The AG concluded that licensed APRNs, nurse-midwives and physician assistants could dispense mifepristone in licensed clinics under a qualified physician’s supervision and applicable practice rules.…
Could a South Carolina county invest surplus funds in federally backed obligations beyond CDs and Treasuries?
Yes, under the 2001 AG’s reading. The statutes allowed obligations backed by the United States or its agencies and did not limit that category to certificates of deposit and Treasuries.
When Oregon guarantees school district bonds, does the constitutional cap of one-half of one percent of property value limit the amount of bonds Oregon can guarantee, or just the amount Oregon would have to pay if a district defaults?
The AG concluded that the Article XI-K limit of one-half of one percent of the true cash value of all taxable property in Oregon applies only to the amount of debt the state may incur in honoring…
Did Louisville have to pay defense costs for a city agent and appointed officer sued over their work?
Yes, on the facts assumed by the opinion. Kentucky law required a local government to defend covered agents and appointed officers against tort claims arising from acts within their work, and…
Can a North Carolina county require carbon monoxide alarms in new homes if the State Building Code does not, or does state law preempt that?
Only partly. The NC AG concluded in 2001 that Mecklenburg County's ordinance requiring carbon monoxide alarms was likely unenforceable as applied to new construction because the State Building Code…
Did an elected Louisiana police chief need POST certification to patrol with a firearm?
The AG said the then-current statutory definition of peace officer excluded an elected police chief, so the chief did not need POST certification or police academy fitness standards to patrol and…
Did a South Carolina school dental hygienist need a dentist’s authorization for each student?
The 2001 AG deferred to the Dentistry Board and licensing department’s interpretation requiring authorization identifying each patient; a single blanket authorization was not enough under that reading.
Could a Louisiana law enforcement district sell surplus land privately for less than its appraisal?
The AG concluded that the district could sell surplus real estate and found no known ban on a private sale, but recommended public notice. He did not approve the below-appraisal offer; he called for…
Did Louisiana public housing authorities follow the state Procurement Code or the Public Bid Law?
The 2001 opinion said public housing authorities were political subdivisions, not executive or judicial state agencies. They were subject to the Public Bid Law rather than the Louisiana Procurement Code.
Could a Louisiana parish that rejected video poker hold another vote to allow it?
The 2001 opinion said the legislature could enact a law authorizing a new parish or municipal referendum on video poker after a parish's 1996 rejection. A legislative act was needed to authorize…
Could a Louisiana legislative staffer contract with Southern University on intellectual-property policy?
The 2001 opinion said a professional-service contract did not constitute employment under the dual-officeholding law. It also flagged the separate public-contract-fraud statute concerning an…
Could Louisiana distribute Education Excellence Fund awards before receiving revenue or approving district plans?
The 2001 opinion said a state agency could not distribute EEF money based on budget authority alone before revenue arrived. Plans could be approved earlier, and districts could start projects with…
Could Lake Charles change firefighter overtime and add supplemental pay without triggering another union's equal-raise clause?
The 2001 opinion said municipalities could make binding collective-bargaining agreements within constitutional and civil-service limits. It characterized this proposed overtime and supplemental-pay…
Could Aiken County reorder sales tax projects after voters approved the ballot’s priority list?
The 2001 AG said the county had to spend consistently with the priorities presented to voters. It saw room for unforeseen construction problems, but not a new ranking based on criteria available…
What happened if Montgomery County's liquor board could not get three votes to approve or deny a license?
The AG said the board should postpone the application and try again when three members could not agree to approve or deny it. Conflict-related deadlock could invoke the rule of necessity; prolonged…
Would Maryland's temporary senior drug plan end in time for seniors to qualify for a future federal plan?
The AG could not say with certainty. The 2000 law set the earlier of June 30, 2002 or comparable Medicare benefits under Title XVIII as its sunset. Whether seniors qualified for a future federal…
Does a town's special-meeting notice violate FOIA if it gives less than seven days' notice without explaining why?
Yes. The AG found that Odessa violated FOIA by giving notice of a December 23, 2000 special meeting without explaining why it could not give the usual seven days' notice. The town later cured the…
How did Louisiana have to divide early tobacco-settlement payments and trust earnings among education, health, and TOPS?
The 2001 opinion said the trust's ordinary deposit was split equally among health, education, and TOPS funds. In fiscal 2000–01 through 2002–03, education also received 10% of total settlement…
Were Louisiana charter schools entitled to Education Excellence Fund money without a specific appropriation?
The 2001 opinion said no direct charter-school appropriation was mandatory. Type 1, 3, and 4 schools could also receive money through local systems, but those systems did not have to allocate it to…
Could Louisiana Education Excellence Fund money support new educational programs approved after the fund law passed?
The 2001 opinion said yes. Its reference to 'other educational programs approved by the legislature' included both previously approved programs and future programs approved under the legislation,…
Did a regional Connecticut school board’s voting plan become unconstitutional above 10% population deviation?
The AG said a maximum population deviation of 10% or less was presumptively constitutional, while a greater deviation called for justification under an important permissible state policy. He…
Could a car owner face larceny charges for taking a vehicle from a repair shop that held a lien?
Possibly. The 2001 AG said ownership alone did not bar larceny if the shop lawfully possessed the vehicle under a lien and the other theft elements were proved; charging turned on the facts.
Did earned prison credits move forward parole eligibility for a Maryland inmate serving a life sentence?
Yes under the 2001 parole statute. Diminution credits reduced the time before parole consideration for a straight life sentence, ordinarily measured from 15 years or from 25 years in the specified…
Could Anderson County Council reject a board appointee chosen by a council district?
Yes. The 2001 AG read the county ordinance to require a meaningful full-council voice vote to affirm or reject a district appointee, rather than automatic approval.
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