State AG Opinions
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Can a city council member also chair the board of a nonprofit and still vote on city contracts with that nonprofit?
In this 1989 opinion the Attorney General said yes, on these facts. A Lubbock city councilman also served as chairman of the board of the Texas Tech University and Health Sciences Center Research…
Can a county commissioners court fire a member of the county hospital district board and just replace them?
No, not at will. In this 1989 opinion the Attorney General concluded that members of the board of managers of a county hospital district created under article 4494n are public officers who serve a…
Did Washington's Apprenticeship Council have to publish approval standards as agency rules and hold hearings on denials?
The 1989 AG treated the Council as an agency and its apprenticeship approval standards as rules. Denying an agreement ordinarily did not require a contested-case hearing, although the opinion…
Can a Texas state agency pay the professional license fees or occupation taxes for accountants, engineers, and other licensed employees on its staff?
Yes, if the payment is tied to the agency's work. In this 1989 opinion the Attorney General concluded that article III, section 51 of the Texas Constitution (which bars grants of public money to…
Is a Texas county liable under the state's high-voltage power line safety law if a county crew contacts an overhead line?
No, not under that particular statute. In this 1989 opinion the Attorney General concluded that a county is not a 'person, firm, corporation, or association' within the meaning of V.T.C.S. article…
Can the Texas Legislature attach conditions when it lets someone sue the state, and how does it have to do it?
Yes, the Legislature can attach conditions, and the how depends on what it is waiving. In this 1989 opinion the Attorney General explained that Texas has two separate shields: immunity from suit…
Are Maine's Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, and District Attorneys entitled to the 50% state contribution toward dependent health insurance coverage?
No. Deputy AG Charles Howard concluded those officials are eligible to participate in the State Employees Health Insurance Plan for themselves and for dental coverage, but the 50% state contribution…
Are the 'incorporators' of a Maine nonprofit healthcare corporation, who number between 200 and 700 people and meet annually to elect trustees and vote on bylaws, already immune from corporate liability under the Maine Nonprofit Corporation Act?
Yes. AG Tierney concluded that 'incorporators' of Northeast Health, Inc. fit the definition of 'members' in 13-B M.R.S.A. § 102(8), which expressly includes corporators, so they are already covered…
Can a lawyer who sits on a county appraisal district board also be hired to collect that area's delinquent property taxes?
Yes. In this 1989 opinion the Attorney General concluded that an attorney who contracts to collect delinquent taxes for a taxing unit is an independent contractor, not an 'employee,' so he is not…
How are jurors picked and summoned for a Texas justice of the peace court, and can it be done by mail or phone?
In this 1989 opinion the Attorney General laid out the rules. Jurors for a Texas justice of the peace (JP) court are summoned by the sheriff or constable, following the guidelines in the oath the…
When the Maine Legislature passes a bill that creates a new executive or judicial office whose holder will be appointed by the Governor and confirmed by the Senate, does that bill need a two-thirds supermajority, or is an ordinary majority enough?
An ordinary majority is enough to create a new office with gubernatorial appointment and legislative confirmation. The AG read Me. Const. art. V, pt. 1, § 8 as requiring two-thirds of each House to…
Can a Texas government board meet with its staff to get a briefing without posting an open-meetings notice?
Yes, within limits. In this 1989 opinion the Attorney General concluded that a conference where a quorum of a governmental body meets with its employees for the sole purpose of receiving information…
In Texas, who controls bail bonds in a county, the sheriff or the county bail bond board, and how far does the board's power reach?
In this 1989 opinion the Attorney General sorted out the roles. The county bail bond board makes the rules and licenses bondsmen, but its authority is limited to the powers the bail bond statute…
What duty does an Idaho prison owe inmates and guards when some prisoners test positive for HIV?
The Idaho Department of Corrections owed a duty of reasonable care, which the AG concluded was satisfied by mandatory testing on entry, education and counseling, medical treatment, and strict…
Can a Texas county treasurer charge the county judge a copy fee for records the judge needs to build the county budget?
No. In this 1989 opinion the Attorney General concluded that a county treasurer may not charge the county judge for copies of records the judge needs to prepare the county budget. The law lets the…
If a Texas county tax office comes up short and it was not the tax collector's fault, how does the collector avoid having to pay it back?
In this 1989 opinion the Attorney General held that there is exactly one way, and it runs through a courtroom. Under section 6.275 of the Tax Code, a county tax assessor-collector is cleared of…
Can Maryland's legislature force a state agency to transfer a piece of land by attaching a condition to an unrelated budget appropriation?
In a 1989 opinion, Maryland's Attorney General concluded that a budget-bill condition ordering the Department of Health and Mental Hygiene to transfer Whitney's Landing Farm to the Department of…
In a Texas county, does the sheriff or the commissioners court decide where the justice of the peace office is located?
The commissioners court decides. In this 1989 opinion the Attorney General concluded that the location of a justice of the peace's quarters, where the JP conducts trials and the business of the…
Can a charity that runs casino nights use the gambling proceeds to pay its officers or directors?
In a 1989 opinion, Maryland's Attorney General concluded that organizations licensed to run casino nights in Prince George's County could not use any part of the gambling proceeds to pay salaries or…
Could Idaho's college work-study program legally pay students attending religious or church-affiliated colleges?
No. The 1989 AG opinion concluded that the Idaho College Work Study Program, as applied to postsecondary institutions controlled by a church or religious denomination, violated article 9, § 5 of the…
Can the Maine Board of Environmental Protection adopt regulations that set color standards for the state's lakes, rivers, and streams, or does that require new legislation?
Yes. AG Tierney concluded the BEP has clear rulemaking authority to adopt water color standards under either its broad rulemaking power in 38 M.R.S.A. § 343-A or the mandatory Water Classification…
Can a Texas 9-1-1 emergency communication district raise its service fee above the rate stated on its ballot without holding another election?
Not safely. In this 1989 opinion the Attorney General concluded that because the Denton County district's 1987 confirmation ballot promised a fee 'not to exceed three percent' of the base rate, an…
In a Texas county that lies inside a hospital district, who has to provide health care for the poor, the district or the county?
The hospital district. In this 1989 opinion the Attorney General concluded that when a hospital district is created under article IX, section 9 of the Texas Constitution, the duty to provide medical…
Can a Texas school district use its own local money to fully fund teacher career ladder pay when the state allotment falls short?
Yes. In this 1989 opinion the Attorney General concluded that when the state career-ladder allotment under Education Code section 16.158 is not enough to fully fund the teacher supplements set by…
Is a Texas judge a 'peace officer' who can carry a handgun under the peace-officer exemption?
No. In this 1989 opinion the Attorney General reaffirmed its earlier conclusion (in JM-1028) that a judge or magistrate is not a 'peace officer' for purposes of Penal Code section 46.03, the…
Could a Washington county be required to disclose bondholder names held only by a private registrar?
The 1989 AG said no on the facts presented. The county had not prepared, owned, used, or retained the registrar's bondholder records; a right to inspect them alone did not make them the county's…
Is Texas Permanent School Fund land still exempt from property tax when it is leased to a private business?
Yes, the land stays exempt. In this 1989 opinion the Attorney General concluded that the state's interest in real property that is part of the Permanent School Fund is exempt from ad valorem…
Can a Texas agency use Open Records Act exceptions to withhold records from discovery in its own administrative hearing?
No. In this 1989 opinion the Attorney General concluded that the Texas Open Records Act does not create privileges from civil discovery. The Act governs the general public's right of access to…
Can a Texas justice of the peace also work as a jailer for the county sheriff?
No. In this 1989 opinion the Attorney General concluded that the common-law doctrine of incompatibility prevents one person from serving as both a justice of the peace and a jailer in the same…
Does the Maine statute that lets a chartered county form a finance committee to review the county budget violate the constitutional rule that taxes can only be imposed by elected officials?
No. The AG concluded that § 1353 satisfies Me. Const. art. I, § 22. He read the committee-selection methods to yield elected municipal officers and reasoned that, even if the members were considered…
Can a Texas sheriff or constable charge a fee for trying but failing to serve civil process?
Only if the county's commissioners court has set one. In this 1989 opinion the Attorney General concluded that under section 118.131 of the Local Government Code, a commissioners court may set…
Which Washington government paid interpreters in criminal court under the 1989 interpreter statute?
The Attorney General said the county usually paid when its prosecutor initiated the criminal proceeding. The opinion also distinguished hearing-impaired interpretation under 1985 provisions from the…
Can a Texas judge order the county to pay for a child's court-ordered psychological evaluation when the parents can't afford it?
Yes, if the parents are found indigent. In this 1989 opinion the Attorney General concluded that a family law district judge may order a county to pay, out of its general fund, the cost of…
Can a Texas county change the spot at the courthouse where foreclosure sales are held?
Yes for a permanent change, no for a standing backup. In this 1989 opinion the Attorney General concluded that under section 51.002(a) of the Property Code a commissioners court may formally change…
Can the State appoint a corporation, rather than a natural person, to serve as Superintendent of the Augusta Mental Health Institute?
No. AG Tierney concluded the statutory qualifications in 5 M.R.S.A. § 3202(2) and the personal-pronoun language in § 1401(1) make clear that AMHI's superintendent must be a natural person.…
After the Supreme Court's 1989 drug-testing rulings, could Maryland test state employees for drugs without any individual suspicion?
In a 1989 opinion, Maryland's Attorney General concluded that two new Supreme Court decisions allowed the state to drug-test employees in specifically sensitive positions, such as those carrying…
Could Maryland or its counties hire private lawyers on a contingency-fee basis to collect debts owed to the government?
In a 1989 opinion, Maryland's Attorney General concluded that counties could hire private lawyers to collect debts and probably could pay them contingent fees, although that fee authority was…
Did Washington residents have to register a boat used only outside Washington waters?
No. The Attorney General said in 1989 that the state’s vessel licensing law turned on use in Washington waters, not the owner’s residence. The opinion addressed existing statutory authority and…
Can a Texas county lease out county-owned land with a renewal option, and can it skip competitive bidding?
It can add a reasonable renewal option, but it cannot skip the public auction. In this 1989 opinion the Attorney General concluded that section 263.001 of the Local Government Code lets a…
Are civilian paramedics considered firefighters for pension and Social Security purposes in Maryland?
In a 1989 opinion, Maryland's Attorney General concluded that a civilian paramedic in the Baltimore City Fire Department did not hold a 'fireman's position' under the federal Social Security…
Can the Maine Legislature impose new education requirements on local school districts without paying for them, and can it hand that authority off to the state education department?
Yes to both. AG Tierney concluded the Maine Constitution gives the Legislature broad power to legislate (including on education), and Art. VIII, Pt. 1, § 1 actually requires towns to fund schools…
Can a corporation owned by non-doctors get a Texas permit to dispense methadone or other synthetic narcotics if it hires physicians?
No. In this 1989 opinion the Attorney General concluded that the Texas Department of Health could not issue a permit to prescribe and administer synthetic narcotic drugs to drug-dependent persons,…
Did federal physician-disciplinary reporting law override Washington’s own reporting rules?
The Attorney General concluded in 1989 that the federal Health Care Quality Improvement Act did not violate the Tenth Amendment and did not preempt Washington’s independent disciplinary reporting…
Who pays for a sexual assault victim's forensic medical exam in Texas, and can the victim be billed?
Under the 1989 opinion, an investigating agency that requested a sexual-assault victim's medical exam for an investigation or prosecution had to pay all its costs; the victim could not be charged…
Did the State of Idaho itself have to pay the new monthly 911 telephone-line charge that counties used to fund emergency communications systems?
The 1989 AG opinion concluded the State did not have to pay. The Emergency Communications Act 'line user fee' was actually a tax, not a fee, and likely a tax in lieu of property tax that Idaho…
If a Maryland review commission takes too long to act on a local government's Chesapeake Bay protection plan, does the plan get approved automatically?
In a 1989 opinion, Maryland's Attorney General concluded that Somerset County's complete program was deemed approved because the Chesapeake Bay Critical Area Commission did not act within 90 days of…
If the State of North Carolina decides not to provide for a state employee's defense in a civil or criminal case under G.S. § 143-300.3 or § 143-300.4, can the State still pay the final judgment against the employee under G.S. § 143-300.6 when the case is over?
No. The AG read G.S. § 143-300.6(a) to authorize state payment of a final judgment only in a case for which the State agreed to provide the employee’s defense under G.S. § 143-300.3. If the State…
Can Texas regulate bingo run by an Indian tribe on tribal land under the state Bingo Enabling Act?
No. In this 1989 opinion the Attorney General concluded that the 1988 federal Indian Gaming Regulatory Act put class II gaming, which includes bingo, on Indian lands under tribal and federal (not…
When a Texas water control district dissolves, can the county take over its dams and keep the leftover tax money?
Yes, by contract. In this 1989 opinion the Attorney General concluded that Brazos County could contract with a water control and improvement district that was dissolving to continue carrying out the…
Does a Texas city have to take competitive bids to hire a third party administrator for its insurance plan?
It depends on what the administrator actually does. In this 1989 opinion the Attorney General concluded that whether a third party administrator's (TPA's) services are exempt 'professional services'…
Did the Supreme Court's Davis v. Michigan ruling make Maryland's tax break for volunteer firefighters unconstitutional?
In a 1989 opinion, Maryland's Attorney General concluded that the state's income tax exemption for length-of-service award payments to volunteer fire, rescue, and ambulance personnel, then codified…
When can a Texas city council hold a two-hour-notice emergency meeting instead of giving the full 72 hours?
Only for a real, stated emergency, which this was not. In this 1989 opinion the Attorney General concluded that the Alvin City Council's emergency meeting (posted with only two hours' notice) to…
Can a Montgomery County Council member resign and later be appointed to the county Planning Board, if the two jobs are otherwise incompatible?
In a 1989 opinion, Maryland's Attorney General concluded that a Montgomery County Council member could not serve simultaneously on the County Council and the County Planning Board, since the two…
South Dakota's 1988 Legislature repealed SDCL 10-10A, removing the separate assessment for severed mineral interests, so surface owners are now assessed on the full value. The 1989 tax freeze (Senate Bill 121) capped 1989-payable taxes at the 1988 levy. Does assessing surface owners on full value violate the freeze, or does it qualify as the Section 4 'change of use' exception?
Neither. The full-value assessment of surface owners does not violate the freeze because the freeze caps dollars of tax, not assessed value; the surface owner cannot be taxed at more than the 1988…
Can Texas restrict justice-court venue in larger counties and penalize a justice of the peace for trying an out-of-precinct case?
Probably yes. The Attorney General found a rational basis for the population-based venue rule and its penalty, but said a justice does not violate the rule merely by accepting a case at filing; the…
Could Washington’s schools superintendent give permanent salary-schedule credit for in-service classes taken before a teacher’s highest degree?
No. The Attorney General said in 1989 that the rule conflicted with the Legislature’s statewide salary allocation schedule, which counted credits earned after the highest degree. The rule could not…
Does a Texas state agency have to pay a city's sewer 'capital recovery fee,' or is state property exempt as public property?
The state agency has to pay. In this 1989 opinion the Attorney General concluded that the city of Houston could assess a capital recovery fee against Texas A&M University for using the city's waste…
Can a county attorney or the commissioners court move 'hot check' fee money over to the district attorney's office?
No. In this 1989 opinion the Attorney General concluded that money in a county attorney's 'hot check' fund (the fees collected under article 102.007 of the Code of Criminal Procedure) can be spent…
Can a county's bank depository pledge Fannie Mae mortgage pass-through certificates as collateral for county deposits?
Yes. In this 1989 opinion the Attorney General concluded that Fannie Mae Guaranteed Mortgage Pass-Through Certificates may be pledged by Dallas County's bank depository as security for county fund…
Can an out-of-state trust company get Texas customers by having a related brokerage firm's agents hand out its account forms?
No, not through that kind of setup. In this 1989 opinion the Attorney General concluded that an out-of-state (Missouri) trust company would violate article 105A(c) of the Texas Probate Code if it…
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