State AG Opinions
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Who decides whether inmates can smoke in a Texas county jail, the sheriff or the county commissioners?
The sheriff. In this 1989 opinion the Attorney General concluded that the sheriff, as the legal 'keeper of the county jail,' has discretion to make reasonable rules over how the jail runs, including…
Where does the interest earned on Idaho's gas-tax and vehicle-registration revenue belong, the highway fund or the general fund?
The highway fund. Idaho Const. art. 7, § 17 dedicates motor-fuel and vehicle-fee revenue to highways and bars diversion to any other purpose. The AG concluded that interest earned while the state…
Can a Texas county auditor make elected officials turn in employee time sheets?
Yes. In this 1989 opinion the Attorney General concluded that a county auditor in a county with fewer than 190,000 residents may require elected officials and department heads to submit time sheets,…
Can a Texas county choose between an industrial commission and a board of development to promote economic growth?
Yes. In this 1989 opinion the Attorney General concluded that after Senate Bill 24 removed the population limits, any Texas county may promote business and industrial development under either…
Could a Washington school district lease unused property for an adolescent clinic and refer students there?
The 1989 AG said a district could lease surplus property for an independently run clinic if the use fit district interests, and could refer students and share consent forms. The district itself…
Can a nursing student give medication to nursing home residents during clinical training in Texas?
Not without a license or permit. In this 1989 opinion the Attorney General concluded that nursing students and medication aide trainees are covered by section 242.151 of the Health and Safety Code,…
Can a person who owns or manages a Maine nursing home serve on the Maine Committee on Aging, given the Committee's role administering the federal Long-Term Care Ombudsman Program?
No. AG Tierney concluded that owners, administrators, and employees of long-term care facilities serving on the Committee on Aging create a conflict of interest barred by 42 U.S.C. § 3027(a)(12)(F),…
Can a Texas county back out of a joint city-county library contract on its own?
No, not after both sides ratified it. In this 1989 opinion the Attorney General concluded that when the City of Seguin and Guadalupe County adopted 1975 'by-law' amendments to their 1964 library…
Could Maryland count a commercial driver's pre-1990 traffic offenses toward longer license disqualification under the new Commercial Driver's License Act?
In a 1989 opinion, Maryland's Attorney General concluded that under the new Commercial Driver's License Act, effective January 1, 1990, the Motor Vehicle Administration could count a commercial…
Can a North Carolina city license newspaper vendors to sell at busy intersection traffic islands during rush hour?
Not where the sales impede normal traffic flow. The City of Durham passed Ordinance 17-1 in 1987, letting the Police Chief permit newspaper and merchandise sales at intersections and traffic…
Can a Texas county get back money it spent on indigent medical care if the patient later wins a lawsuit?
Not under the law as it stood. In this 1989 opinion the Attorney General concluded that a county has no authority to seek reimbursement from an indigent patient whose medical bills the county paid…
Can Texas require a real estate agent to tell a buyer that a home's occupant had AIDS or HIV?
No. In this 1989 opinion the Attorney General concluded that the part of House Bill 976 requiring a real estate licensee to tell a potential buyer or lessee, on request, that a previous or current…
Are members of a Texas state agency board personally liable for mistakes made doing their official duties?
It depends who is suing. In this 1989 opinion the Attorney General concluded that members of the Texas Agricultural Finance Authority board can be held personally liable to the state for their…
Can a Texas state university let an outside faculty or staff group use its campus mail system for free?
Only in limited circumstances, and only after case-by-case findings. Campus mail is public property, so under the Texas Constitution a university may let a private (non-university-sponsored) faculty…
Can a Texas county official do business with the county they serve if they follow the conflict-of-interest disclosure rules?
Yes, within limits. In this 1989 opinion the Attorney General concluded that chapter 171 of the Local Government Code lets a commissioners court enter a contract or approve a claim in which the…
Did the 1989 Webster decision revive Washington's pre-viability abortion ban?
The 1989 AG said no. Webster had not overruled Roe, so Washington's then-existing prohibition between four lunar months and viability remained unenforceable. The opinion also observed that state law…
Who prosecutes a business in Texas for refusing to let a blind person bring their guide dog inside?
The county-level prosecutor. In this 1989 opinion the Attorney General concluded that a violation of section 121.004(a) of the Human Resources Code (discriminating against a visually handicapped…
How many judges serve on a Texas county juvenile board, and are they all entitled to be paid for it?
For Willacy County, all six qualifying judges served despite the stated five-member cap. In this 1989 opinion the Attorney General concluded that the Willacy County Juvenile Board consisted of six…
Can the same person be both mayor and city manager of a Texas home rule city?
Yes, if the city charter specifically allows it. In this 1989 opinion the Attorney General concluded that a home rule city can use its charter to overcome the common-law doctrine of incompatibility,…
When did the tougher teacher career ladder level three requirements take effect in Texas?
September 1, 1990. In this 1989 opinion the Attorney General concluded that section 7 of House Bill 2566, which raised the performance standard for a teacher to reach level three of the career…
Can South Carolina lawfully charge a per-volume surcharge on Southeast generators that dump low-level radioactive waste at the Barnwell facility, and pass those funds to the Southeast Compact Commission? And can the Commission then use that money to help North Carolina pay for the prelicensing work on the planned second regional disposal facility here?
Yes to both. The 1989 AG concluded that under Article IV(h)(2)a. of the Southeast Interstate Low-Level Radioactive Waste Management Compact (codified at N.C.G.S. Chapter 104F), South Carolina, as a…
Under a Type II transfer, can a transferred state authority hire and fire its own staff independently of the parent department, or does the parent department control personnel decisions?
The parent department controls. The AG concluded that the Department of Commerce had authority to manage staffing, hiring, and firing of the N.C. Technological Development Authority's employees…
Can a new state authority use its broad 'hire as it deems necessary' language to skip over former state employees who hold priority reemployment rights under the State Personnel System?
No. The AG concluded that without an express statutory exemption, every state agency, including the N.C. Technological Development Authority, must offer open positions to qualified former employees…
Did Maryland's 1989 law creating administrative law judges require the state auto insurance fund (MAIF) to use them for its own hearings?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Automobile Insurance Fund (MAIF) was not exempt from the state's new Office of Administrative Hearings law by name, but its…
Can the current Maine Legislature pass a statute that appropriates money for all three years of a state-employee collective bargaining contract, even though the third year of the contract falls outside the Legislature's two-year term?
Partly. AG Tierney concluded the 114th Legislature could fund the first two fiscal years (1989-90 and 1990-91) but could not bind the 115th Legislature to appropriate the third year (1991-92). The…
When the Maine Legislature passes bond-issue legislation by a two-thirds supermajority under Article IX § 14, does the bill have to be presented to the Governor for approval before going to the voters for ratification?
AG Tierney concluded the Governor's approval is not required. The two-thirds supermajority that authorizes a bond issue is already the number needed to override a gubernatorial veto, so requiring…
Could a Maryland bar or club lose its liquor license if an underage patron possessed alcohol on the premises, even if the licensee didn't know about it?
In a 1989 opinion, Maryland's Attorney General concluded that a licensee could be sanctioned under a separate statutory provision, Article 2B, §118(d), for permitting anyone under 21 to consume or…
Does a Maryland town have to follow the full charter-amendment process just to fix a typo or punctuation in its charter?
In a 1989 opinion, Maryland's Attorney General concluded that a municipality's legislative body could not make even purely nonsubstantive changes, such as fixing a typo or moving a comma, to its own…
After the Texas Veterans' Land Board forfeits a veteran's land-sale contract, do property taxes and earlier tax penalties keep accruing?
Current property taxes did not accrue after forfeiture returned full legal and equitable title to the Veterans' Land Board. Penalties and interest on taxes validly imposed before forfeiture…
Can a Texas state agency make you pay a fine to settle a license case if no statute lets it fine you?
No. In this 1989 opinion the Attorney General concluded that the Commissioner of the Texas Department of Labor and Standards could not require an auctioneer to pay a civil penalty to the state to…
Can one person hold two county jobs in Texas, like deputy tax collector and court reporter, at the same time?
Yes, in this case. In this 1989 opinion the Attorney General concluded that one person could serve both as chief deputy to the Rockwall County tax assessor-collector and as the official court…
Could Maryland fire a state employee for an off-the-job drug or alcohol conviction under Governor Schaefer's 1989 substance abuse policy?
In a 1989 opinion, Maryland's Attorney General concluded that Governor Schaefer's executive order setting a State substance abuse policy was lawful in every respect: the Governor had authority to…
Can a Texas school board borrow from its depository bank when a board member works for that bank?
Yes, but with disclosure. In this 1989 reconsideration of Opinion JM-583, the Attorney General concluded a school board may enter a loan contract with its depository bank even when a trustee is a…
Could Maryland enforce state spacing limits on group homes for people with disabilities after the 1988 federal Fair Housing Amendments Act?
In a 1989 opinion, Maryland's Attorney General concluded that a 1988 state law limiting how many community residences for special populations could be sited near each other could not be enforced…
Can a Texas optician give a free second pair of prescription glasses with a purchase?
Yes. In this 1989 opinion the Attorney General concluded the Texas Optometry Act does not prohibit a dispensing optician or ophthalmic dispenser from giving a free second pair of prescription…
Does a private gas station and convenience store count as a 'public building' that a Maryland town's planning commission must review and approve?
In a 1989 opinion, Maryland's Attorney General concluded that a privately owned gas station and convenience store, even though open to the public for business, was not a 'public building' under…
Do federal employees have to pay Texas local hotel occupancy tax when they travel for work?
Yes, they owe it. In this 1989 opinion the Attorney General concluded that a federal employee traveling on official business, whose travel costs are reimbursed on a per diem or actual-expenses…
Is residential gas and electricity exempt from Texas county sales tax?
Yes. In this 1989 opinion the Attorney General concluded that residential-use gas and electricity are exempt from the county sales tax under Tax Code sections 323.206(a) and 151.317(a). One…
Which Texas agency licensed noncommercial applicators using restricted termiticides for structural pest control?
The Structural Pest Control Board. The Attorney General concluded that the Board, not the Department of Agriculture, had authority to license, certify, and regulate noncommercial applicators using…
Can a Texas city be sued for the negligence of a public health district it belongs to?
Yes. In this 1989 opinion the Attorney General concluded that a member city of a public health district organized under V.T.C.S. article 4436b could be held liable under the Texas Tort Claims Act…
Can the Texas Board of Health set construction and design rules for abortion facilities?
No, not on their own terms. In this 1989 opinion the Attorney General concluded that Board of Health rules setting minimum standards for the 'construction and design' of abortion facilities exceeded…
Who has to pay Maryland's recordation tax on an indemnity mortgage when a guarantor's loan default triggers it?
In a 1989 opinion, Maryland's Attorney General concluded that in an indemnity mortgage arrangement, where a guarantor pledges property to secure a loan to someone else, the guarantor becomes…
When a birth mother arranges a private adoption and asks that her newborn be handed directly to the adoptive parents from the hospital, can the hospital staff release the baby that way without violating North Carolina's child-placing-agency licensing law (N.C.G.S. § 131D-10.7)?
Yes. The 1989 AG concluded that the hospital's physical discharge of a newborn to adoptive parents in a private-adoption case did not constitute unlicensed 'placement' of children under N.C.G.S. §…
Can mental health treatment records be subpoenaed in a Texas criminal case?
Yes, in state criminal cases. In this 1989 opinion the Attorney General concluded that Rule 509 of the Texas Rules of Criminal Evidence, which says there is no physician-patient privilege in…
Can a Texas commissioners court create a countywide payroll department that takes payroll duties from county officers and the county treasurer?
No. The Attorney General concluded that the Harris County Commissioners Court had no independent general authority to establish a countywide payroll department, and the proposed arrangement…
Could a Washington school district pay all teachers a bonus just for continued service?
The 1989 AG said an incentive stipend needed a defined, measurable link to enhanced performance beyond basic education duties. It questioned a blanket payment for merely fulfilling the regular…
Who could invest Washington land-trust proceeds, and could the Treasurer take part of their earnings?
The 1989 AG divided investment authority by the money's source: the Treasurer could invest most surplus in the two resource accounts, while the State Investment Board invested proceeds from sales of…
Did the Supreme Court's 1989 Webster decision make Maryland's old abortion restrictions enforceable again?
In a 1989 opinion, Maryland's Attorney General concluded that the Supreme Court's decision in Webster v. Reproductive Health Services did not change the status of Maryland's abortion laws:…
Can Idaho cities and counties spend tax money on AIC/IAC dues and lobbying, and are those associations' records open to the public?
Yes for dues and lobbying that serve a public purpose. No, the associations themselves are private nonprofits whose internal records are not public records: but copies kept in a city or county…
Could a Washington AIDS service network authorize needle exchange under the 1988 AIDS law?
The 1989 AG said no. The AIDS law did not override the then-existing drug-paraphernalia prohibition on distributing needles for illegal drug use. Distributors were not generally exempt from…
Did a Maryland citizen, doctor, or rape crisis counselor have to report a suspected adult sexual assault to police in 1989?
In a 1989 opinion, Maryland's Attorney General concluded that, apart from a handful of statutes covering especially vulnerable victims, ordinary citizens, physicians, mental health providers, and…
Can a Texas government office monitor phone call records to stop unauthorized long-distance calls?
Yes. In this 1989 opinion the Attorney General reconsidered and withdrew an earlier opinion (JM-983) that had labeled a Station Message Detail Recording device (SMDR) a 'pen register.' After…
Does the Texas Open Meetings Act apply to a school board subcommittee that has fewer members than a quorum?
Yes. In this 1989 opinion the Attorney General concluded that if a committee made up of one or more members of a school district's board of trustees meets to discuss public business or policy, that…
Can a Texas official who attended a closed government meeting talk publicly about what was discussed there?
Yes. In this 1989 opinion the Attorney General read the Open Meetings Act's 'certified agenda' provision (subsection 2A(h)) as barring only the release of the official record of a closed executive…
Are pay-to-ride go-carts on a track an amusement device that the North Carolina Department of Labor can inspect and regulate?
Yes. The AG concluded that a go-cart operated by a patron for a fee on a fixed or restricted track is an amusement device under G.S. 95-111.3(a) and is subject to Article 14B’s requirements. The…
Can a Texas county commissioners court set the work hours and holidays for road crew employees when the commissioners run the roads as ex officio road commissioners?
Yes. In this 1989 opinion the Attorney General concluded that a county commissioners court is authorized to set the normal work week, working hours, and holidays for county road employees, even in a…
Can a Texas city council designate itself as the city's zoning board of adjustment or appoint councilmembers to that board?
No. The Attorney General concluded that the zoning statutes require a separate board of adjustment and do not permit the city council to decide appeals from municipal administrative officers or…
Can a Texas appraisal district put its employees into a private retirement plan and pay for it with district funds?
No. In this 1989 opinion the Attorney General concluded that a county appraisal district is not authorized to contract with a private association to adopt, and contribute district funds to, a…
If a licensed professional dies partway through their license year, can the state licensing board refund part of the annual fee to the estate?
No, at least not for a polygraph examiner. In this 1989 opinion the Attorney General concluded that the Texas Polygraph Examiners Board has no authority to refund any portion of an annual license…
Who is allowed to perform X-rays and other radiologic procedures in a Texas hospital, and which state agency checks their training?
In this 1989 opinion the Attorney General worked through the Texas certification law for people who perform X-rays and other radiologic procedures. The key practical points: a hospital worker who…
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