State AG Opinions
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Did Connecticut's 1989 Social Security arbitration award cover unclassified Alternate Retirement Program employees?
Yes for unclassified ARP employees in bargaining units represented in the arbitration. Others were not bound by the award, but federal law treated all ARP participants as a coverage group and…
Does a hospital district's own enabling law or the general Tax Code control what a county tax collector gets paid for collecting the district's taxes?
The Attorney General concluded that the general Tax Code standard controlled. Even though the Reagan County Hospital District's 1977 enabling law set a specific fee formula (up to 2% of collections,…
Could UConn lease the donated Holcomb family farm to a nonprofit for its own farming program while keeping the land's deed restriction?
No. In 1990, the Attorney General concluded that the proposed nonprofit-run farm would not be a program of UConn's College of Agriculture and Natural Resources, as the family-farm deed required. The…
When an emergency mental illness commitment is started in one county for a person who actually resides in another county, can the state's attorney in the county where the proceedings began send a bill for his or her legal services to the patient's home county?
No. SDCL 27A-10-2 reimburses 'apprehension and transportation' costs back to the county of residence, but does not list the state's attorney's services among reimbursable costs. SDCL 27A-9-15…
For the Texas prison Work Program Plan's 100-mile rule, does an inmate's 'recorded place of residence' mean their actual home, or just the county they live in?
According to this 1990 opinion, it means the inmate's actual place of abode, dwelling, or habitation, not merely the county of residence, so an inmate cannot be placed in a designated work facility…
Can a Texas chiropractor advertise that he performs physical therapy if he isn't a licensed physical therapist?
Yes, according to this 1990 opinion. The Attorney General concluded the Physical Therapy Act completely exempts licensees of other state health-care boards, including chiropractors, so a licensed…
Two different 1989 Texas laws changed the required wording for a special-district real estate disclosure notice. Which version do sellers have to use?
According to this 1990 opinion, a seller who uses the notice wording required by Senate Bill 1207 satisfies both bills, because Senate Bill 1207's changes already include the standby-fee language…
Does a licensed commercial shrimper in Texas need a separate finfish license to legally sell fish caught while shrimping?
No, according to this 1990 opinion. The Attorney General concluded the captain and paid crew of a licensed commercial shrimp boat only need the general commercial fisherman's license, not an…
Once a Texas justice of the peace has ruled on cause of death at an inquest, can she later hold a separate inquest hearing to reconsider it?
No, according to this 1990 opinion. The Attorney General concluded a justice of the peace must decide at the inquest itself whether a formal inquest hearing is needed, and once she has made a…
Does a substance abuse or court residential treatment facility run by a Texas probation department need a state license, or is it exempt as a state-operated facility?
It generally needs a license, unless it operates under standards set by the community justice assistance division. In this 1989 opinion the Attorney General concluded that substance abuse treatment…
Can two people who are first cousins both serve on the board of a Texas water district, or does a relationship rule disqualify them?
If the disqualification statute applies to their district, both are disqualified. In this 1989 opinion the Attorney General concluded that section 50.026(a) of the Water Code, which bars a person…
Does a Texas emergency services district have to provide fire and ambulance service to tax-exempt property, like a port or public school, inside its boundaries?
Yes. In this 1989 opinion the Attorney General concluded that an emergency services district organized under article 2351a-8, V.T.C.S., may not deny its services to tax-exempt entities located…
Can a Texas rural fire prevention district take out a bank loan repaid from property taxes without holding an election?
No. In this 1989 opinion the Attorney General concluded that a rural fire prevention district cannot borrow money repayable from ad valorem taxes to be collected in future years unless the…
Does the Texas Open Meetings Act apply when a quorum of a state board attends another organization's meeting?
Not by itself. In this 1989 opinion the Attorney General concluded that a quorum of the Credit Union Commission attending a meeting of the Texas Share Guaranty Credit Union board does not hold a…
Does a Texas county clerk have to report a mental incompetency ruling to the Department of Public Safety even when the order doesn't mention a driver's license?
Yes. In this 1989 opinion the Attorney General concluded that a county clerk must notify the Department of Public Safety of any finding by any court of competent jurisdiction that a person is…
Can the Texas Insurance Commissioner appoint a conservator for an insurer without publishing the newspaper notice the law requires?
No. In this 1989 opinion the Attorney General concluded that section 3 of Insurance Code article 21.28-A does not give the Insurance Commissioner an 'alternative route to conservatorship' that lets…
Can a Texas court charge court costs for a defensive driving course deferral if you never pleaded guilty?
It depends on how the deferral works. In this 1989 opinion the Attorney General concluded that when a driver requests a course, pleads guilty or no contest, and the court enters judgment before…
If a Texas beach is artificially rebuilt after washing away, does the old owner get it back or does the state keep it?
The state keeps it. In this 1989 opinion the Attorney General concluded that when the state already holds title to submerged littoral (beachfront) land, raising that land back above the tide line by…
When can a Maryland car dealer legally advertise a vehicle that was previously sold and returned as 'new' again?
In a 1989 opinion, Maryland's Attorney General concluded that a car dealer generally may not readvertise a vehicle as 'new' once it has been sold to a buyer and then reacquired by the dealer, unless…
Can a Texas seawall commission use its tax funds to build a public beach?
Generally no. In this 1989 opinion the Attorney General concluded that the Matagorda County-Palacios Seawall Commission has no authority to spend its funds to construct or create a public beach…
Which version of Maryland's drunk-driving license suspension law controlled when two 1989 laws amended the same statute without referencing each other?
In a 1989 opinion, Maryland's Attorney General resolved a conflict created when two separate 1989 laws, the Drunk Driving Act and the Commercial Driver's License Act, each amended the same…
Does a Texas sheriff have to go through the county purchasing agent to set up a jail commissary contract?
No. In this 1989 opinion the Attorney General concluded that section 351.0415 of the Local Government Code lets the sheriff enter into a contract regarding the county jail commissary without…
Can a Texas justice of the peace keep part of the fines he collects to pay for extra staff if the commissioners court approves?
No. In this 1989 opinion the Attorney General concluded that a commissioners court has no power to let a justice of the peace retain a portion of assessed fines to fund an additional employee.…
Could Washington's Ecology Department adopt every wetlands rule proposed in the 1989 Puget Sound plan?
The 1989 AG said Ecology could adopt only rules supported by its existing statutory powers. Those powers covered some water pollution, water resource, and shoreline measures but not the plan's full…
Can a North Carolina judge let a Level 1 or Level 2 DWI defendant serve the mandatory jail time at home on electronic monitoring instead of in the county jail?
No. N.C.G.S. § 20-179(g) and (h) required Level 1 DWI defendants to serve at least 14 days and Level 2 defendants at least 7 days of imprisonment, either as part of an active sentence or as a…
Does a Texas county official have to follow a grand jury's recommendation, like one about using a bank night depository?
No. In this 1989 opinion the Attorney General concluded that a grand jury recommendation about the tax assessor-collector's use of a bank's night depository is not binding on that official. A grand…
Does a Texas real estate agent or seller have to tell buyers that a previous occupant of the house had AIDS or HIV?
No, and in fact they cannot. In this 1989 opinion the Attorney General concluded that the federal Fair Housing Amendments Act of 1988 treats HIV as a handicap and makes it a discriminatory housing…
If the Supreme Court overturned Roe v. Wade, would Maryland's old, dormant abortion restrictions automatically come back into force?
In a 1989 opinion, Maryland's Attorney General concluded that if Roe v. Wade were overruled, Maryland's unrepealed abortion statutes (restricting when, where, and under what conditions an abortion…
How many members of a Texas state board or council do you need for a quorum, and does it count empty seats?
A quorum is a majority of the number of members the law provides for, not a majority of the members currently appointed. For the 23-member Council on Disabilities in this 1989 opinion, that meant 12…
Must a Texas corporation give a discharged employee a written statement of the true reason for termination?
Not while Saint Louis Southwestern Ry. v. Griffin remained controlling. The Attorney General predicted that a modern Texas Supreme Court would uphold the service-letter statute under article I,…
Could the Texas Water Commission create a municipal utility district that excluded mineral estates more than 300 feet below the surface?
No. The Attorney General concluded that chapter 54 did not let the Texas Water Commission approve an initial municipal utility district boundary that excluded mineral estates below 300 feet. A…
Does a Texas state agency need an asbestos license to have its own workers remove asbestos from its buildings?
Yes. In this 1989 opinion the Attorney General concluded that when a state agency removes or encapsulates asbestos from a public building, it is 'engaged in the business of removing asbestos' under…
Can a Texas county pay employees a merit raise retroactively, back to when the money was first budgeted?
No. In this 1989 opinion the Attorney General concluded that article III, section 53 of the Texas Constitution bars a county from making employee salary increases retroactive. Even though the…
Does a Texas school board have to put an employee's name in the public meeting notice when it will hear that employee's grievance in a closed session?
Ordinarily yes. In this 1989 opinion the Attorney General advised that a school board's posted notice must fully disclose the subject of the meeting, and that it should ordinarily include the name…
Can Idaho counties spend boat-registration money on roads, restrooms, picnic areas, or campgrounds at a lake?
Mostly no for the County Vessel Fund: it pays only for water-based recreational boating improvements (docks, ramps, pumpouts, trailer parking) and boating law enforcement. The State Waterways…
Could a nonresident outside applicant become a Washington city police or fire civil-service examiner?
The 1989 AG said the examiner had to be either an existing city employee through a promotional examination or a city resident through an open examination. General bans on city-imposed residency…
Does a Texas county have to pay for office space for the county surveyor outside the courthouse?
Only under set conditions. In this 1989 opinion the Attorney General concluded that a county must follow section 23.016 of the Natural Resources Code, which requires the commissioners court to pay…
When did a Washington police agency have to hold its first auction of forfeited guns?
The 1989 AG said an agency had to hold its first auction within one year after accumulating ten forfeited firearms eligible for sale, excluding the share it could retain for its own use. With fewer…
Can a state financial regulator subpoena a bank's records when examining a savings and loan, or does the bank-secrecy law block that?
It can. In this 1989 opinion the Attorney General advised that the disclosure restrictions in the Texas Banking Code (article 342-705), which normally let a bank refuse to hand over a customer's…
Is the state Centennial Commission on the hook if a local committee's centennial picnic causes injuries or runs up unpaid bills, and are the volunteers personally liable?
Generally no on both counts. Local centennial committees were appointed by counties and run independently, so neither contract nor tort claims would normally reach the state Commission. The…
Can a Texas city ban bicycles from riding on a state road or highway that runs through town?
It depends on the road. In this 1989 opinion the Attorney General advised that a Texas municipality clearly may prohibit bicycles from limited-access or controlled-access highways (like a freeway),…
Can a North Carolina town pass a land-use ordinance requiring all construction drawings to be sealed by a licensed engineer, blocking licensed architects from submitting drawings?
No, in the AG’s view. Carrboro could not interpret its construction-drawing rule to exclude licensed architects from submitting work within the scope of their license. The opinion says the town’s…
If a Texas county closes its county hospital, can it still change who qualifies for county-funded indigent health care?
Yes. In this 1989 opinion the Attorney General concluded that a county that has closed its county hospital may still use section 61.063 of the Indigent Health Care and Treatment Act to make its…
Could a Maryland court legally alternate hiring between Black and white applicants to make up for past discrimination in its workforce?
In a 1989 opinion, Maryland's Attorney General concluded that the Circuit Court for Baltimore City's 1976 policy of alternately hiring qualified Black and white applicants was an unconstitutional…
If I work for a Texas state agency, does stock I got through a former job's pension plan, or a relative's business stake, create a conflict of interest?
It depends on whose interest it is. In this 1989 opinion the Attorney General advised the Department of Information Resources that stock an employee acquired in a former employer through a pension…
Can the North Carolina ferry system sell souvenirs like T-shirts, jackets, hats, coffee cups, and post cards at its onboard concessions?
No. The AG concluded that G.S. 136-82 limited the Department of Transportation's ferry concessions to 'food, drink, other refreshments, and personal comfort items.' Reading 'personal comfort items'…
Can a small Texas town pass an ordinance banning boats from dragging fishing nets in the public water inside its city limits?
Yes. In this 1989 opinion the Attorney General concluded that the Village of Tiki Island could adopt an ordinance prohibiting the towing or dragging of nets in designated public waters within its…
Can a county reclassify an existing county road so a rancher can put gates across it to graze livestock?
No. In this 1989 opinion the Attorney General concluded that a commissioners court has no authority to reclassify a second-class county road as a 'neighborhood road.' State law only allows a…
Did New Jersey's 1989 anti-discrimination law protect a worker whose addiction involved illegal drugs, even after recovery?
The Attorney General said no. The 1989 opinion excludes current and former addicts whose addiction has involved illegal drug use. Addiction involving only legal conduct may qualify as a handicap,…
Could a Washington flood-control district assess land based on how much it used a service instead of the benefit to that land?
The 1989 AG said no under the district statute it examined. Assessments had to rest entirely on special benefit to the property; the statute did not authorize a separate user charge or a blended…
Could Maryland's Racing Commission let a harness track move its race dates to a track in a different county?
In a 1989 opinion, Maryland's Attorney General concluded that the Racing Commission could authorize a licensed harness racing association to transfer its race meet to a track in a county where…
If a disaster strikes inside an Idaho city, can the county sheriff or county commissioners take charge under the county's emergency plan?
No, not unilaterally. The Idaho Constitution (art. 12, § 2) keeps counties out of incorporated cities' affairs. Counties must plan for disasters, cities are only encouraged to. When an emergency…
Can the Texas Racing Commission change the rules so a thoroughbred's 'breeder' award goes to the owner at foaling instead of at conception?
No. In this 1989 opinion the Attorney General concluded that the Texas Racing Commission has no authority to disregard or rewrite the statutory definition of 'breeder' for thoroughbreds. The Texas…
Did Maryland's country club tax break ban men-only tee times and grill rooms, or just discrimination in granting membership itself?
In a 1989 opinion, Maryland's Attorney General concluded that the antidiscrimination condition attached to the state's country club property tax preference, TP §8-214(a), barred discrimination in…
Can a Maine deputy sheriff or other law enforcement officer also serve as a notary public, given the constitutional rule against one person exercising powers of more than one branch of government?
AG Tierney concluded yes, in 1989. Earlier AG opinions barring dual notary/law-enforcement service had relied on the period (1905-1981) when notaries could exercise justice-of-the-peace functions.…
Does a Texas homeowner lose the home-security insurance discount if an exterior door has glass panels, and which agency decides these rules?
No, glass panels do not automatically disqualify the door. In this 1989 opinion the Attorney General concluded that an exterior door may have glass panels and still qualify a home for the…
When someone tries to title a salvage vehicle in North Carolina that already has a branded title from another state, who has to prove the vehicle would qualify for an unbranded title in the original state, and can North Carolina ever issue an unbranded title if the original state has no procedure to remove the brand?
The applicant must supply vehicle-specific evidence that the originating state would issue an unbranded title for that exact vehicle (a copy of the state's statute or regulation, or a written…
Could the Texas Racing Commission make rules allowing betting on horse or dog races shown by simulcast from another track?
No. In this 1989 opinion the Attorney General concluded that the Texas Racing Act did not authorize pari-mutuel wagering on simulcast race events (races run at one track and broadcast to another),…
When a Texas county builds a farm-to-market road, does the state have to pay most of the cost of buying the right-of-way?
No. In this 1989 opinion the Attorney General concluded that farm-to-market roads are not 'state highways' for purposes of the statute (section 4.301(c) of article 6702-1) that requires the state to…
When does dividing land outside city limits in Texas require the owner to file a plat?
Only when the division also lays out streets, alleys, squares, parks, or other parts for public use. In this 1989 opinion the Attorney General read Local Government Code section 232.001(a) so that…
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