State AG Opinions
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Can a Texas county give a private company an economic development grant that works like a property tax break?
Not under the statute Dallas County relied on. The Attorney General concluded that section 381.004 of the Local Government Code did not authorize a county commissioners court to make economic…
Can Texas leave home schoolers out of a school voucher program for private and religious schools?
Probably, with a caveat. The Attorney General concluded that the Legislature may exclude home schools from a voucher system for private and parochial schools as long as the exclusion bears a…
Can Texas require a new water well to sit a minimum distance from the property line?
Yes. The Attorney General concluded that a Texas Department of Licensing and Regulation rule requiring a water well to be located a minimum distance from a property line fell within the Department's…
Can a Texas county use taxpayer money to hire a lobbyist to influence the Legislature?
Yes. The Attorney General concluded that section 305.026 of the Government Code authorizes a county to spend public funds to retain a registered lobbyist to communicate with legislators on the…
Can a Texas court charge a separate filing fee for a forced-medication hearing for someone already committed?
Yes. The Attorney General concluded that a hearing on the involuntary administration of psychoactive medication under section 574.106 of the Health and Safety Code is a distinct legal action, not…
Can a Texas county withhold a justice of the peace's pay over a judgment for unpaid property taxes?
Yes. The Attorney General concluded that once a valid judgment for delinquent property taxes has been entered against a justice of the peace, section 154.025 of the Local Government Code bars the…
Can Texas collect its controlled-substances drug tax after someone has already been criminally prosecuted for the same drugs?
The chapter 159 controlled-substances tax is criminal punishment. Under Stennett and Ward, it cannot be imposed after a Texas prosecution for the same offense; tax jeopardy attaches on full payment…
What publications and sales revenue could Maryland's state archivist include in the Archives of Maryland series in 1999?
The AG said the State Archivist could choose the content and format of future Archives of Maryland installments within limits: they had to be identified series publications containing historically…
What did reasonable and necessary force mean when Maryland officers carried out a child custody order in 1999?
The AG did not conclusively decide whether courts had inherent authority to order officers to use force to return a child. Assuming a valid order, it said any force had to be objectively reasonable…
Where could fraudulent checks be prosecuted in South Carolina, and could the payee sue?
The AG said the possible prosecution belonged in Lexington County if the checks were issued or delivered there. On the stated amounts, general sessions court appeared appropriate, and the payees…
Could Goose Creek recreation commissioners remain in office after new boundaries placed them outside the district?
The AG said a commissioner whose residence fell outside the district after boundary changes vacated the office by operation of law. The member could act as a de facto officer until a replacement was…
Was a South Carolina defendant still entitled to a preliminary hearing after a grand jury indictment?
No. The AG pointed to Rule 2, which said a preliminary hearing would not be held if the defendant was indicted by a grand jury before the hearing. It also cited a state appeals decision applying that rule.
Could a South Carolina magistrate jail a defendant repeatedly for unpaid restitution?
The AG said contempt could be a remedy for failing to pay court-ordered restitution, especially when a person could pay but refused. For an indigent defendant, the court could use a payment schedule…
Who controls a Texas juvenile probation department's budget and staff pay, the county commissioners court or the juvenile board?
The Attorney General concluded that a juvenile probation board is an independent entity, so the county commissioners court's authority over it was narrow. Under Local Government Code section…
Could South Carolina’s Legislative Audit Council audit a county water and sewer district?
No. The AG said the Georgetown County Water and Sewer District was a special purpose district, not a state agency within the Legislative Audit Council’s statutory audit authority. A separate law…
Could Washington county commissioners place their own alternative to a freeholders’ proposed home-rule charter on the ballot?
The Attorney General concluded in 1999 that only the elected board of freeholders could submit alternatives to its proposed new county charter. County commissioners or others could not add competing…
Are members of the New York State Deferred Compensation Board covered by the State for legal defense and indemnification if they get sued?
Yes. The AG concluded Board members are 'employees' in the service of the State under Public Officers Law § 17 and are entitled to defense and indemnification, subject to § 17(4)'s procedural…
Could South Carolina probation conditions require reasonable searches without a warrant?
The AG said a court could likely impose a probation condition permitting reasonable warrantless searches by probation officers. The opinion stressed that the search itself needed reasonable grounds…
When a state-paid teacher leaves a NC public school district, can the school board move a current locally-paid teacher into the now-vacant state-funded position to keep state money flowing?
Yes. The Attorney General found no statute or administrative rule limiting a local board's discretion to assign certified teachers to state or locally funded positions, or assigning that decision to…
Could someone serve on a South Carolina county council and the State Board of Nursing at the same time?
No. The AG said both county council membership and State Board of Nursing membership were public offices for the state constitution’s dual-office prohibition, so one person could not hold both…
Could a South Carolina rural electric cooperative sell services beyond electricity?
Yes. The AG said the Rural Electric Cooperative Act did not bar cooperatives from offering other products and services, either directly or through a subsidiary. It relied on their statutory power to…
Can a Texas county auditor make the county attorney turn over receipts for spending from the hot check fund?
The Attorney General concluded that yes, a county auditor could require the county attorney to provide receipts for purchases (or reimbursements) from the 'hot check' fund, as long as doing so was…
Could Washington’s Gambling Commission classify electronic video pull-tabs as ordinary pull-tabs?
The Attorney General concluded in 1999 that the commission could refine the statutory pull-tab definition but could not include screen-only video pull-tabs, because a physical folded ticket or card…
Could Chester’s water district shut off water over an unpaid city garbage fee?
The AG did not give a yes or no. After reviewing the district’s enabling law and related statutes, the office found no clear authority on the proposed water shutoff and suggested a declaratory…
Can a Texas county judge hold a death inquest when the local justice of the peace isn't available?
The Attorney General concluded that no, a county judge could not conduct an inquest. Article 49.07(c) of the Code of Criminal Procedure lists the county judge and other officials who must be…
Can a Texas county pay or buy equipment for a volunteer fire department without a contract for fire services?
The Attorney General concluded no. Under section 352.001(c) of the Local Government Code, a county commissioners court could purchase fire-fighting equipment for, or pay, a volunteer fire department…
Under the Idaho Constitution's Origination Clause, which bills must start in the House: only those that levy taxes, or also bills with incidental revenue effects like fee increases or property tax exemptions?
Prudence required introducing bills potentially affecting general revenues in the House. Dumas v. Bryan (1922) read 'bills for raising revenue' broadly enough that bills with incidental revenue…
Can a village trustee in New York sit on a police disciplinary hearing where her own son is a witness?
No. The AG concluded a Mount Kisco trustee should fully recuse, including from deliberations and executive session, where her son (a patrol officer) might testify in a disciplinary case. Even…
Do Texas beach parking and user fees get charged sales tax?
The Attorney General concluded no. Beach user fees that local governments charge under chapter 61 of the Natural Resources Code and the General Land Office rules were not subject to sales tax under…
Can a Texas county pay for officials' conference fees, prepay newspaper notices, or pay salaries early?
The Attorney General concluded that the Texas Constitution's bans on gifts of public money (article III, section 52 and article XI, section 3) did not stop a county from paying officials' conference…
What's the lowest speed limit a Texas county can set on a county road?
The Attorney General concluded that under section 545.355 of the Transportation Code, a county commissioners court could lower the speed limit on a county road or highway, but not below 30 miles an…
Do telemarketing and door-to-door cancellation laws apply to home warranty (residential service contract) sales in Texas?
The Attorney General concluded that chapter 37 of the Business and Commerce Code, the telephone-solicitation law, applied to unsolicited calls by a residential service company (home warranty…
Is it illegal to park in or block a van-access aisle in Texas?
The Attorney General concluded yes. Parking a vehicle so that it blocks a van-access aisle (the striped lane next to a van-accessible disabled parking spot) is a misdemeanor under section 681.011(c)…
Can a Texas transit authority buy a railroad line that runs outside its service area?
The Attorney General concluded yes, with a condition. A metropolitan transit authority created under chapter 451 of the Transportation Code may buy a railroad line and right-of-way even where part…
What authority does Oregon State Police have to enforce administrative rules governing Capitol Mall parks?
OSP can enforce DAS's Capitol Mall parks rule (OAR 125-075-0005) with Governor's approval. The rule incorporates 1983-era Salem city ordinances. Violations are 'violations' under state criminal law,…
Can a New York town enforce its noise ordinance against a school district doing construction after hours?
No, where the ordinance requires a building permit to do school construction after-hours. The AG concluded the Education Law reserves school construction regulation to the State and the Commissioner…
When does a private road in a New York town become a public highway by long use?
Under Highway Law § 189, a road becomes a public highway by use only if it was both open to the general public (not just neighbors and their guests) and continuously maintained by the town for 10…
Can a New York village swap one parking lot for another piece of land instead of selling for cash?
Yes, if the trade promotes the public interest. The AG concluded a village has discretion to choose the method of sale, has no statutory script for selling real property, and may accept an in-kind…
Did Washington law bar hiring 18-to-20-year-olds as police officers, prison guards, firefighters, or paramedics?
The Attorney General concluded in 1999 that Washington state law imposed no general age-21 minimum for those jobs and did not indirectly bar qualified 18-to-20-year-olds from their necessary duties.…
Did Irmo-Chapin recreation rangers gain arrest powers from the law allowing the commission to hire them?
No. The AG said the 1997 act allowed the recreation commission to employ qualified law enforcement officers but did not itself grant arrest powers to its employees. A ranger needed an independent…
Could a South Carolina register of deeds rely on an affidavit when recording satisfaction of a lost mortgage?
Yes. The AG said the recording officer no longer had to independently determine whether the signer was the current mortgage holder when the satisfaction instrument and affidavit complied with the…
Who owned artifacts donated to South Carolina’s Confederate Relic Room?
The AG said ownership depended on the donor’s intent for each artifact. Earlier gifts generally appeared intended for the United Daughters of the Confederacy, while some later records did not…
Does a Texas DA have to sell forfeited property at a sheriff's auction?
The Attorney General concluded no, not when a local forfeiture agreement exists. Sheriff's auction is only the fallback method that article 59.06(a) of the Code of Criminal Procedure requires when…
Can a Texas school teacher also be a paid county commissioner?
The Attorney General concluded yes. A public school teacher or administrator may hold the office of county commissioner at the same time and keep the salary that comes with the commissioner…
Can a Texas county accept a donation that must be spent on one specific road?
The Attorney General concluded yes. A county commissioners court may accept a money donation under section 252.214 of the Transportation Code even when the donor attaches a condition, such as…
Can a Texas assisted living (personal-care) facility provide nursing services to residents?
The Attorney General concluded the Board of Human Services rule was ultra vires (beyond the agency's authority) to the extent it let a personal-care facility provide 'occasional nursing services'…
Can a Texas county pay for an autopsy when its resident dies in another county?
The Attorney General concluded no. Under chapter 49 of the Code of Criminal Procedure, a justice of the peace can order an autopsy only as part of an inquest into a death that occurred in that…
If a polygraph examiner learns a child was abused, must they report it in Texas?
The Attorney General concluded yes. Although the Polygraph Examiners Act generally makes information from a polygraph exam confidential, section 261.101 of the Family Code requires anyone who…
Can the NC Principal Fellows Commission approve school administrator programs at private colleges in NC, and award scholarship loans to students enrolled in those private programs, or is the Commission limited to UNC system institutions?
Yes to both. The Principal Fellows Commission may approve programs at private NC institutions and award scholarship loans to qualifying students there. The statute (G.S. 116-74.42) authorizes the…
What grounds and procedure could Georgetown County use to remove a planning commissioner?
The AG said a planning commissioner could be removed only for cause, meaning a substantial issue affecting fitness for office or the public interest. Although the act did not spell out a procedure,…
Did the 1976 repeal of Minn. Stat. §§ 452.02 and 454.041 invalidate a 1958 AG opinion on the City of Breckenridge's authority to set utility rates exceeding operating costs and transfer surplus revenue to the general fund?
No. The 1958 opinion did not rely on the repealed statutes; it rested on the absence of restrictive charter or statutory provisions, traditional common-law powers of municipal corporations, and the…
Can a city council add a $675,000 budget vote to its meeting agenda on the day of the meeting?
No, under the law as it stood in 1999, when the issue wasn't actually new. The AG found the City of Newark violated FOIA by amending its March 22, 1999 meeting agenda at the last minute to add a…
Can a NC county board of elections release a voter's Social Security number along with the rest of their voter registration record?
No, the AG concluded, for any SSN collected from a voter after January 1, 1975, without the disclosure notice the federal Privacy Act of 1974 requires. The Privacy Act forbids government agencies…
If two members of an airport authority's board are also senior bank executives, can the authority award the bank a bond underwriting contract without running afoul of NC's conflict-of-interest law?
Yes, as long as the directors do not own more than 10% of the bank, disclose their interest, and do not vote on the authorization. The opinion also reads the § 14-234(a) 'banks or banking…
Was the 1999 NC William Lee Act amendment that gave tax credits to electronic shopping and mail-order houses (but not brick-and-mortar retailers, and not businesses with consolidated operations) constitutional?
The opinion concluded the amendment was mostly defensible under rational-basis review, but flagged one distinction as constitutionally weak: penalizing companies that kept inventory and sales staff…
Does the NC Secretary of State need a new statute before she can accept federal grants or private gifts to help her implement the Nonprofit Corporation Act?
No. The implied-powers doctrine, combined with a 1935 general authorization and the General Assembly's regular practice of recognizing all agencies' authority to accept unanticipated gifts and…
Could the Texas Land Commissioner convey state-owned submerged land to a coastal city?
The Attorney General concluded no. A 1944 Special Award by which the Land Commissioner ceded an interest in state-owned submerged land to the City of Aransas Pass was not valid. Submerged land under…
Could state auditors inspect confidential judicial selection files while auditing the commission?
The AG concluded that the Judicial Selection Commission had to provide candidate evaluation and other records to state auditors for an authorized audit despite their statutory confidentiality. The…
Does the head of the DC Department of Health, or a deputy who runs a public-health program, need a DC medical license to do their job?
Only if the official actually practices medicine as part of the job. The DC Health Occupations Act defines the 'practice of medicine' as preventing, diagnosing, or treating individual patients'…
Should Washington election officials count votes for a candidate who died before election day?
The Attorney General concluded in 1999 that the deceased candidate’s name remained on the ballot absent a lawful substitution and votes for that candidate counted. If the deceased candidate received…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.