State AG Opinions
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Can Texas DPS ask on a driver's license renewal whether you've had a problem with alcohol or drugs?
The Attorney General concluded that a question on the Texas Department of Public Safety's driver's license renewal form, asking whether the applicant had ever 'had a problem, been arrested or…
When can Talbot County reduce its liquor licensing board's budget request?
The Attorney General concluded that, applying the reasoning of a Talbot County circuit court decision about election board funding, Talbot County's council had to appropriate the full amount the…
Can the Texas State Board of Education lend out permanent school fund securities to earn a return?
The Attorney General concluded that article VII, section 5(d) of the Texas Constitution, added in 1987, gives the State Board of Education broad authority to make any prudent investment in managing…
Who decided whether leased buildings at Bradley Airport were taxable?
The AG did not decide whether the Air Exchange Building’s airport leases were taxable. He said the statute assigned that determination to a certified assessor selected through the specified process,…
Could a Washington city bar an adult family home because another care facility was nearby?
Under the law analyzed in 1992, no: the AG said adult family homes were permitted in residential and commercial zones, so a spacing ban for them was preempted. State licensing alone did not…
Was Maryland's 300-foot electioneering ban around polling places in certain counties still constitutional after the Supreme Court's 1992 Burson v. Freeman decision?
Maryland's Attorney General concluded that the 300-foot electioneering ban applying in seven counties (Anne Arundel, Cecil, Charles, Garrett, Harford, Kent, and Queen Anne's) was so likely…
Did a retired Washington police officer’s pension rise when the city moved current officers into a new higher pay step?
For the older city police pension plan analyzed, yes: when the city added a higher step and advanced every current officer from the retiree’s former step, the AG treated the new step’s salary as…
Could Maryland's Blue Cross Blue Shield legally sell part of its for-profit HMO and managed-care subsidiaries to outside investors?
Maryland's Attorney General concluded that Blue Cross could lawfully create a for-profit holding company for its managed care subsidiaries, but that the Insurance Commissioner could not approve…
Can a full-time county prosecutor in Idaho also contract to serve as the prosecuting attorney for another county?
No. The Idaho AG concluded that a prosecutor required to devote full time to one county under Idaho Code § 31-3113 cannot contract privately to perform the prosecuting attorney duties of another…
Does the Americans with Disabilities Act require a state legislature, like Maryland's General Assembly, to accommodate people with disabilities?
Maryland's Attorney General concluded that the Americans with Disabilities Act applied to the state's Legislative Branch, meaning the General Assembly had an obligation to provide reasonable…
Could a Washington property owner win a growth-planning appeal just because a plan lowered the property’s value?
No. The AG said the planning hearings boards could review whether officials considered private property rights, but a negative effect on one parcel alone did not support relief under the Growth…
Could Maryland's State Board of Education ban smoking on school grounds by regulation, without negotiating with teachers' unions first?
The Attorney General concluded that the State Board of Education had statutory authority under the Education Article's general-control provision to adopt tobacco-free school environment regulations,…
Were utility-purchased energy upgrades for Connecticut state buildings subject to sales tax?
No. The AG concluded that goods bought by participating utilities for a mandated energy-efficiency program in state facilities were exempt from sales and use tax. Title passed to Connecticut when…
Can a Texas county clerk charge a fee to release a judgment paid into court under section 31.008?
The Attorney General concluded that a county clerk could not charge a filing fee for executing or preparing a release of judgment under section 31.008 of the Civil Practice and Remedies Code,…
Can physicians own a Connecticut pharmacy, and can their dividends cost it a license?
The 1992 opinion said physicians could own a pharmacy. The Pharmacy Commission could revoke its license if an economic incentive to refer patients actually benefited physician owners when their…
Are volunteer nursing home ombudsmen in Texas protected from lawsuits for their work?
The Attorney General concluded that volunteer ombudsmen, and the citizens' organizations that take part in the state long-term care ombudsman program, are immune from civil liability and criminal…
Can a Texas county vote to adopt a modified version of the Optional County Road System?
The Attorney General concluded that a petition asking for a county election to adopt the Optional County Road System (V.T.C.S. article 6702-1, chapter 3, subchapter C) is invalid if it materially…
Did a Washington city council have to approve a voter-petitioned charter amendment before it could go on the ballot?
No. The AG said a qualifying petition in a charter city or charter code city went to the next applicable regular election without a council resolution directing the county auditor to place it there.
Can a Texas county education district offer a discount for early property tax payment?
The Attorney General concluded that a county education district could adopt the early-payment property tax discounts in section 31.05 of the Tax Code, but only if every taxing unit that collected…
If a Texas optometrist co-owns optical shops at several locations, do the Optometry Act's anti-control rules apply to them?
The Attorney General concluded that anyone with an ownership interest in a business that sells ophthalmic goods (glasses, frames, contact lenses) is a 'retailer of ophthalmic goods' under the Texas…
Can a private subdivision control boating and fishing on its own canals in Texas?
The Attorney General concluded that waterways built for a private subdivision are still 'public waters' under the Water Safety Act (chapter 31 of the Parks and Wildlife Code) when their only source…
Are the names of early in-person voters public before election day in Texas?
The Attorney General concluded that the names of people who vote early by personal appearance become public immediately when they vote, and their release is not held back by section 61.007 of the…
Could Connecticut hire a private company to operate its off-track betting system?
Yes. The AG said the Division of Special Revenue, with the Gaming Policy Board’s advice and consent, could choose a private operating method for off-track betting and contract for necessary…
Can a state agency like TxDOT join a protest against a city zoning change?
The Attorney General concluded that the Texas Department of Transportation, as an owner of real property in its right-of-way, may be counted among the owners of 20 percent of the immediately…
How much can a Texas district clerk charge for uncertified copies of court records?
The Attorney General concluded that section 9(d) of the Open Records Act does not set the charges for copies of judicial records held by the district clerk, because the Open Records Act does not…
Can a Texas school district set its own financial standards for surety bond companies?
The Attorney General concluded that under article 5160 and article 7.19-1 of the Insurance Code, as amended in 1991, a school district may not require corporate sureties to be solvent enough to…
Does a Texas constable have to serve civil process from a federal court?
The Attorney General concluded that a county constable is not required by section 86.021 of the Local Government Code to serve civil process issued by federal courts in his official capacity. The…
Can a service member who is discharged from the military, not just transferred, break a residential lease early under Maryland law?
Maryland's Attorney General concluded that the state law letting military personnel break a residential lease after receiving permanent change of station orders also covered personnel who were…
Does the nepotism law apply to a city housing authority's executive director?
The Attorney General concluded no. The Texas nepotism statute (article 5996a) reaches only officers who have the authority to hire personnel. Under chapter 392 of the Local Government Code, the…
Could Washington utility district commissioners give themselves life insurance and decide it at a sparsely attended meeting?
The AG said matching employee group coverage could be provided, but commissioners who set their own pay could not receive a midterm increase; coverage had to await their next terms. A manager’s…
Where must Texas asset-forfeiture money be deposited, the county treasury or somewhere else?
The Attorney General concluded that forfeiture funds distributed under article 59.06(c) of the Code of Criminal Procedure, whether to the office of the attorney representing the state (usually a…
Could a Washington county deny nonforestry permits after a landowner had said no timberland conversion was planned?
The AG said a local government could deny nonforestry permit applications for six years after that forest practices application, including applications by a later owner. If it chose not to deny…
Could Maryland's Legislative Auditor get access to the financial records of a University of Maryland medical school doctors' private-practice corporation?
Maryland's Attorney General concluded that the Legislative Auditor's Division of Audits could not compel access to the records of University Physicians, Inc., the nonprofit corporation that…
Could Kentucky Personnel Board members decide an appeal of the board's own firing decision?
No. The AG said the Personnel Board members involved as parties in its former executive director's appeal had to disqualify themselves, assuming the appellant had not signed a waiver. It said the…
Did Kentucky's new racing commission have to honor a predecessor's 1992 license even if its validity was disputed?
The AG said the new Kentucky Racing Commission had to accept a predecessor commission's license and wagering dates through December 31, 1992 under a transition clause. It expressly declined to…
Could an owner vote in a small Washington irrigation district if the land was assessable but not currently assessed?
Yes, if the owner met the other voter qualifications. The AG read “assessable” to include land capable of district assessment for any purpose, even when no irrigation assessment was then charged.
Can a licensed engineer who is not an architect design a public building in Texas?
The Attorney General concluded that section 16 of article 249a does not bar a registered professional engineer, licensed under the Texas Engineering Practice Act (article 3271a), from preparing the…
Do nonvoting ex officio members count toward a state board's quorum?
The Attorney General concluded that ex officio, nonvoting members of the Texas Board of Licensure for Nursing Home Administrators are not counted in deciding whether a quorum is present. The quorum…
Can a state require outdoor shooting ranges to be built to National Rifle Association standards?
The Attorney General concluded no, as the statute was then written. Section 756.042 of the Health and Safety Code required the owner of an outdoor shooting range to build and maintain the range to…
Can a Texas commissioners court overturn an ex officio road commissioner's firing of a road employee, or move that worker to another precinct?
The Attorney General reached a mixed conclusion. On whether an ex officio road commissioner can fire full-time road employees to save money without risking discrimination suits, the opinion noted…
Are older Texas health spas still exempt from posting a security bond after the 1989 Health Spa Act changes?
The Attorney General concluded no. The 1985 Health Spa Act let an established spa owner open new spas without posting a security bond (a 'grandfather' exemption in former section 10(d)). The 1989…
Could a Washington port charge a nearby business for airport benefits or take a percentage of an airport user’s sales?
No on both questions. The AG said airport use charges reached actual users, not businesses merely located nearby, and a fee calculated as a percentage of gross receipts failed the statutory…
Could signatures from years earlier count on a Kentucky local option election petition?
Possibly. The AG said the county judge-executive had to assess whether older signatures still supported the same local option election and came from voters qualified both when signing and when the…
Could Worcester County, Maryland raise its hotel room tax rate above 3% on its own using code home rule powers, or did it need state law authority?
Maryland's Attorney General concluded that Worcester County could not use its own code home rule powers to amend the local law capping its hotel room tax at 3%, but the county commissioners could…
Could a Connecticut town require more fire sprinklers than the state codes required?
No. The AG concluded that the state fire safety and building codes, together with the fire-extinguishing statute, preempted local ordinances imposing their own automatic-system requirements. The…
Can the same person be a county deputy constable and an assistant fire chief at the City of Houston at the same time in Texas?
The Attorney General concluded yes. Neither the Texas Constitution's ban on holding two civil offices of emolument (article XVI, section 40) nor the common-law doctrine of incompatibility blocks one…
When a Maine state employee on disability retirement dies of a terminal illness, what does the surviving spouse have to prove to get the enhanced 'Option 2' survivor benefit?
The surviving spouse must prove the member met every element of the Uniform Rights of the Terminally Ill Act's definition of 'terminal condition' at the time the disability benefit was granted, not…
Could Connecticut utility commissioners attend political dinners or campaign events?
The AG read the 1992 ban on “active participation” in political management or campaigns narrowly. Commissioners could attend political gatherings and contribute to parties, but organizing an event,…
Can a Maryland state agency hand off one of its programs to a private nonprofit without legislative approval, and does the nonprofit's money count as public funds?
Maryland's Attorney General concluded that a state disability agency lawfully transferred one of its programs to a private nonprofit corporation without legislative or Board of Public Works approval…
Did a Connecticut lottery agent get a hearing before losing a license for low sales?
Ordinarily yes. A lottery agent’s license counted under the administrative procedure law, so a proposed revocation for missing minimum sales required notice, a chance to show compliance, and a…
Did Texas county education districts have to follow the truth-in-taxation notice, hearing, and rollback rules even though their tax rate was set by formula?
The Attorney General concluded the county education districts (CEDs) had to comply with the notice and hearing requirements of the Tax Code's truth-in-taxation provisions, even though the CEDs had…
Can Texas treat a disabled teacher who recovers after age 60 as disabled for life, blocking their return to work, when younger teachers can come back?
The Attorney General concluded no. Government Code section 824.304(c) conclusively presumed that a Teacher Retirement System disability retiree whose retirement began at or continued past age 60 was…
Can the Texas health department share abortion-clinic records with the medical or nursing board, or confirm a place is not a licensed abortion facility?
The Attorney General concluded no to both. The Texas Abortion Facility Reporting and Licensing Act makes the records the Department of Health holds confidential and lets the department release them…
Can Texas therapeutic optometrists prescribe antiviral or glaucoma eye drugs, and could the optometry board list allowed drugs by category instead of by name?
The Attorney General reached a split conclusion. First, neither the Optometry Act provision authorizing therapeutic optometrists to prescribe certain eye drugs nor the board's rule violated article…
Could Maryland's health department legally require drug companies to pay rebates to keep their drugs covered under state-funded health programs?
Maryland's Attorney General concluded that the Department of Health and Mental Hygiene had statutory authority under the Health-General Article to limit drug coverage in two state-funded programs to…
Does having lobbyists at your firm disqualify you from serving on a Texas state commission with a lobbyist conflict-of-interest rule?
The Attorney General concluded no. Under section 2.061(d) of the General Services Act, a person who is a member of a firm could still serve as a commissioner of the General Services Commission even…
Can a Texas county enforce floodplain building rules over waterways that a port or navigation district controls?
The Attorney General concluded yes, but only to a limited extent. The Port of Houston Authority has exclusive jurisdiction over the building of structures over waterways within its geographical…
Can a Texas agency meet in closed session to discuss who to appoint to an advisory committee, or do open meetings rules require it stay public?
The Attorney General concluded the meeting had to stay open. Members of the Texas Commission on Fire Protection's two advisory committees (the Fire Protection Personnel Advisory Committee and the…
Can the Texas National Guard use federal money to buy liability insurance for staff running a mobile recruiting shooting range, even from an out-of-state insurer?
The Attorney General concluded yes. The Texas Adjutant General, as head of the Texas National Guard, had authority to obtain liability insurance, paid for with federal funds, to cover Guard officers…
Can Maine sweep money out of state trust accounts and bond accounts into the General Fund through a budget surcharge?
No, not for true trust monies. The AG concluded that Part KKK's 0.9% across-the-board General Fund transfer could not lawfully be applied to Baxter State Park trust funds, donor-restricted park gift…
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