State AG Opinions
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In Texas, does a for-profit trade school need state higher-education approval to award associate degrees?
In this 1989 opinion the Attorney General concluded that the Texas Education Agency (TEA) does not have exclusive jurisdiction over proprietary (for-profit) schools that award only so-called…
When a Texas college refunds old bonds under the constitution, does 'prior law' mean just the repealed 1982 provision or any older statute?
In this 1989 opinion the Attorney General concluded that the phrase 'prior law' in subsection (e) of article VII, section 17 of the Texas Constitution (the 1984 higher-education funding amendment)…
Could a nonprofit hospital's administrator residence remain property-tax exempt even though no health-care services were provided in the home?
It could remain exempt if the use of the residence promoted the hospital's operation. AG Tellinghuisen concluded that the 1986 amendment did not remove any charitable or benevolent exemption a…
Can South Dakota county officials use county funds to cover their travel, food, and lodging while lobbying the Legislature on county issues?
Yes, with conditions. County officials traveling to Pierre to provide legislative testimony or information on bills affecting county government are discharging official duties under SDCL 7-7-3 and…
When the state holds an 18-month review hearing to decide a foster child's long-term placement, does Idaho's Administrative Procedure Act govern the hearing?
No. The 1988 AG opinion concluded that the Idaho APA applies only to 'contested cases' (proceedings where an agency determines legal rights, duties, or privileges). Permanency planning hearings did…
Can a Texas school district rent classrooms from a nonprofit foundation and help it issue bonds to build them?
In this 1988 opinion the Attorney General concluded that a school district's trustees may rent classroom space for fair value from a private nonprofit foundation and may accept a donation of…
How was Maine's child protection system functioning in late 1988 when the state ran out of safe foster home placements for the children it had to remove from abusive or neglectful homes?
Badly. The Child Welfare AAGs for York and Cumberland counties reported to AG Tierney that the foster care shortage was forcing them and Department caseworkers to redefine 'jeopardy' downward in the…
Can a Texas university use its Higher Education Assistance Fund money to fix up a building that is partly dorm or auxiliary space?
In this 1988 opinion the Attorney General concluded that a university may use Higher Education Assistance Fund (HEAF) money to renovate a physically separate part of a building (a wing or addition)…
Did Washington wildlife agents need a search warrant to inspect a licensed wildlife business in 1988?
The 1988 AG said a specific statute allowed reasonable warrantless inspections of listed regulated wildlife businesses, while another statute supplied warrants for broader searches based on probable…
Can the Maine Legislature raise the Governor's salary in the middle of his first term, with the raise taking effect at the start of his second term, while he is still in office?
No. Deputy AG Cabanne Howard concluded that the Maine Constitution's phrase 'continuance in office' (Art. V, Pt. 1, § 6) blocks any salary increase that would apply to a sitting Governor for as long…
If a Texas voter marks a straight-ticket for two different parties, whose vote counts, and who decides?
In this 1988 opinion the Attorney General concluded that the Texas secretary of state has no authority to issue rules for counting ballots that are not marked in strict conformity with the law, such…
Does Maryland reduce a retired public employee's pension by workers' compensation benefits, even if the pension isn't for a disability?
A 1988 Maryland opinion concluded that the state retirement and pension systems' set-off for workers' compensation benefits applies only to disability retirement benefits paid because of an…
Can a Texas home-rule city sell land to the state for a park at less than its market value?
In this 1988 opinion the Attorney General concluded that El Paso could sell land inside Franklin Mountains State Park to the Texas Parks and Wildlife Department at a price well below market value. A…
When a Texas county collects property taxes for a school district or other taxing unit, how much can it charge, and who decides the amount?
In this 1988 opinion the Attorney General concluded that the 'actual costs' a county may charge under section 6.27 of the Tax Code for assessing or collecting taxes for another taxing unit means…
Can a Texas government board hand over the tape of its closed meeting when someone requests it under open records?
In this 1988 opinion the Attorney General concluded that the tape (or certified agenda) of a meeting closed to the public may be released to the public only through the specific court procedure in…
In Maryland, does a trespassing driver have to pay towing and storage fees, and can the tow company hold the car until paid?
A 1988 Maryland opinion concluded that a vehicle owner who parks without permission on private property owes reasonable towing and storage costs only if a conspicuously posted sign gave clear notice…
Can a Texas city still regulate how stores sell abusable glue and spray paint after the state started permitting sellers?
In this 1988 opinion the Attorney General concluded that article 4476-15d, the state law that has the Department of Health issue permits to sellers of abusable glues and aerosol paints, does not…
Can Texas put officials who answer only to the legislature on a state commission that carries out executive functions?
In this 1988 opinion the Attorney General concluded that the Productivity Bonus Commission exercises functions of the executive branch, because it executes a detailed statutory program, decides…
Did Washington’s 1988 AIDS law end the marriage-license affidavit about venereal disease?
No. The 1988 AG concluded that the new confidentiality law did not implicitly repeal the older requirement that marriage-license applicants file an affidavit that they were not afflicted with a…
Can an Idaho craft brewery with a brew-pub license sell its beer directly to other restaurants and stores without also getting a wholesaler's license?
Yes. The 1988 AG opinion concluded that Idaho Code § 23-1003 allowed Idaho-licensed brewers producing under 30,000 barrels a year to sell directly to retailers without a wholesaler's license. The…
Can Texas require out-of-state dental labs that do business in the state to register with the Board of Dental Examiners?
In this 1988 opinion the Attorney General concluded that a 1987 amendment requiring every dental laboratory doing business in Texas, including out-of-state labs, to register annually with the Texas…
Does the over-65 school-tax freeze pass to a surviving spouse if the homeowner died before the 1987 constitutional amendment?
In this 1988 opinion the Attorney General concluded that the 1987 amendment to article VIII, section 1-b(d) of the Texas Constitution, which lets the school-tax freeze on an over-65 homeowner's…
Can the Mayor and Town Council together appoint members to a Maryland town's planning commission, or does state law require the mayor alone to appoint them?
In a 1988 opinion, Maryland's Attorney General concluded that Ocean City's practice of having the Mayor and Council jointly appoint members of the Planning Commission and Board of Zoning Appeals was…
Where exactly is the Idaho-Oregon and Idaho-Washington border on the Snake River, and how far do Idaho's police, courts, and civil laws reach across the water?
The 1988 AG opinion concluded that Idaho's boundary on the Snake River sits at the middle of the main navigable channel (the 'thalweg'), and Idaho's full civil and criminal jurisdiction reaches…
Can a licensed cosmetologist in Texas trim beards and mustaches, or is that reserved to barbers?
In this 1988 opinion the Attorney General concluded that a licensed cosmetologist has no statutory authority to shave and trim beards. The barbering statute (article 8407a) expressly includes…
Can Texas pay a visiting judge who was assigned to a case without all the proper legal formalities?
In this 1988 opinion the Attorney General concluded that the Comptroller of Public Accounts may lawfully pay the salary of a visiting judge (active, or retired under section 75.001 of the Government…
Can a Maryland town pass its own rules regulating charity gambling that the state already allows?
In a 1988 opinion, Maryland's Attorney General concluded that municipal corporations had no existing authority under their general police power to regulate or prohibit charitable gambling that state…
Can Maryland spray pesticides for gypsy moth control on private property without the owner's consent?
In a 1988 opinion, Maryland's Attorney General concluded that the Secretary of Agriculture had broad discretionary authority to run the State's gypsy moth control program, including deciding which…
Can a pipeline limited partnership use eminent domain to condemn land in Texas?
In this 1988 opinion the Attorney General concluded that a limited partnership that owns and operates a refined petroleum products pipeline can hold the power of eminent domain under the Texas…
Could King County stop paying superior court judges’ health and life benefits when the state covered them?
The 1988 AG said the county could discontinue its duplicate coverage and did not have to match the state plan to county employee benefits. It cautioned that, if benefits counted as constitutional…
Does a Texas city, county, or school district have to collect sales tax when it sells things to the public?
In this 1988 opinion the Attorney General concluded that when a state agency, city, county, school district, or public university acts as a retail seller of taxable goods or services, the limited…
In a small Texas county, who is responsible for preparing the payroll, the auditor or the treasurer?
In this 1988 opinion the Attorney General concluded that in a Texas county with a population under 500,000, the county treasurer, not the county auditor, is the officer who prepares the county…
Can a Maryland county charge a percentage-based fee on industrial revenue bonds issued by a state financing authority?
In a 1988 opinion, Maryland's Attorney General concluded that Howard County's ordinance charging 0.125% of the face amount of MIDFA refunding bonds was, despite being labeled a fee, actually a tax…
Can a Texas school board or city council make a decision in an emergency meeting called on short notice?
In this 1988 opinion the Attorney General explained that the Texas Open Meetings Act lets a governmental body meet on just two hours' notice only for a genuine emergency, meaning an unforeseen…
How do you perfect a lien on manufactured homes held as dealer inventory in Texas?
In this 1988 opinion the Attorney General concluded that a lender does not need to file with the Secretary of State under the Uniform Commercial Code to perfect a security interest in manufactured…
Are portable classrooms that a Maine school district leases instead of owning subject to municipal property tax, and if not, does the town get reimbursed for the lost revenue?
No tax, no reimbursement. Deputy AG Crombie Garrett concluded that 20-A M.R.S.A. § 4001(3)(C) exempts property leased by school administrative units, including portable classrooms. Because the…
Can a Texas county track the phone numbers its employees dial from county phones?
In this 1988 opinion the Attorney General concluded that a device attached to a telephone line that records the outgoing numbers dialed, such as the county's Station Message Detail Recording system,…
Can a Texas state agency accept a supplier rebate on the price of goods it buys?
In this 1988 opinion the Attorney General concluded that the Texas Department of Health did not violate the Texas Constitution by accepting bids that offered rebates on the purchase price of infant…
Can a Texas appraisal district subpoena my business records if I didn't file a property rendition?
In this 1988 opinion the Attorney General concluded that a county appraisal district has no authority to issue a subpoena for a taxpayer's books and records, and that an appraisal review board…
Can a Texas judge give the required guilty-plea warnings by playing a video instead of speaking to the defendant?
In this 1988 opinion the Attorney General concluded that a court cannot satisfy the mandatory admonishments required by article 26.13 of the Code of Criminal Procedure, the warnings a judge must…
Can a Texas city use its mass transit sales tax money to repair its regular streets?
In this 1988 opinion the Attorney General concluded that sales and use taxes a city collects to fund a mass transit department under article 11182 may be used only for mass transit purposes, and not…
Could a Washington optometrist refer a patient for eye surgery and then provide follow-up care?
The 1988 AG said that arrangement alone did not violate the cited anti-rebate rules if each professional provided only licensed services and billed only for services performed. The medical board…
Does Texas have to follow the general state purchasing law when it contracts out its Medicaid insurance program?
In this 1988 opinion the Attorney General concluded that the Texas Department of Human Services' contract for Medicaid purchased health services insurance is not governed by article 601b, the…
Could Washington county commissioners receive higher health benefits during their term in 1988?
The 1988 AG said the Legislature intended its 1983 amendment to allow midterm increases in county commissioners’ group health benefits by declaring plan costs not to be additional compensation. The…
Can a clinical social worker diagnose a mental or emotional disorder in Maryland, or is that only a doctor's job?
In a 1988 opinion, Maryland's Attorney General concluded that a clinical social worker could not diagnose a patient's condition on their own, but once a physician had personally assessed the patient…
Does a Texas justice court have to appoint a free lawyer for a poor defendant charged with a fine-only Class C misdemeanor?
In this 1988 opinion the Attorney General concluded that a justice of the peace does not have to appoint a lawyer for an indigent defendant charged with a Class C misdemeanor, because the only…
How does the federal Employee Polygraph Protection Act affect a Texas polygraph examiner's license?
In this 1988 opinion the Attorney General explained that the new federal Employee Polygraph Protection Act, which generally bars private employers from making employees take lie detector tests, did…
Can the Maryland Port Administration run its own port terminals and unionize its workers, instead of leasing everything to private operators?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Port Administration could directly operate supplementary port facilities if private operation was inadequate and the public…
Can a North Carolina state agency hire a private executive search firm to find candidates for hard-to-fill positions, and pay the firm a fee?
Yes for a true executive search firm, with one big limit. N.C.G.S. § 126-18 is aimed at firms that charge jobseekers (or take payment for placing someone in state employment); it does not prohibit a…
Could the Maryland Stadium Authority use lottery-funded 'pay-go' money to buy the Camden Yards land, or only to build on land it already owned?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Stadium Authority could use Maryland Stadium Facilities Fund money to help pay for acquiring the Camden Yards property, not…
Could Washington municipal treasurers buy commercial paper, delegate warrants, and use bank credit in 1988?
The 1988 AG said treasurers could invest in commercial paper despite an assumed unwritten investment-board policy, but could not delegate warrant redemption to a bank. A qualified bank line of…
Can a Texas city, county, or school district invest its public money in a bank-run money market mutual fund?
In this 1988 opinion the Attorney General concluded no. Even though the Legislature's 1987 Public Funds Investment Act appeared to authorize public bodies to put bond proceeds into 'bank-oriented'…
Would a 1988 Washington petroleum-tank bill amend or repeal either cleanup measure on the ballot?
The AG said the answer depended on which 1988 measure voters approved. Under Initiative 97, the bill’s cleanup-funding provisions would be amendments needing two-thirds approval in each legislative…
In a Texas county that has a county purchasing agent, who is allowed to buy the county's supplies, and does the $5,000 competitive-bid rule apply to the agent?
In this 1988 opinion the Attorney General concluded that in a county with a county purchasing agent, that agent must make all purchases that are not required to go out for competitive bid;…
Could a Washington county add tougher aquaculture limits than its approved shoreline master program?
The 1988 AG said no for aquaculture on shorelines of statewide significance where the county’s restrictions conflicted with the state-approved master program. Neither the county planning statute nor…
Does a Texas nonprofit that sells a few taxable items, like a museum selling a cookbook, have to pay the $25 annual sales tax permit fee?
In this 1988 opinion the Attorney General concluded yes. A nonprofit that sells taxable items and therefore has to hold a Texas sales tax permit must pay the same $25 annual renewal fee that any…
When a Texas state employee travels for work on the state's dime, do they still owe the hotel occupancy tax on their room?
In this 1988 opinion the Attorney General concluded yes. A Texas state official or employee traveling at state expense on official business is not exempt from the state hotel occupancy tax under…
Can Texas pay off bonds for renovating the State Capitol with direct legislative appropriations instead of lease payments?
In this 1988 opinion the Attorney General concluded no. The Texas Public Finance Authority could issue revenue bonds to renovate the State Capitol, but it could not skip the lease with the State…
Can the Texas Racing Commission limit how many horse racing track licenses it hands out, or issue a track license without wagering rights?
In this 1988 opinion the Attorney General told the Racing Commission no on all three counts. The Commission cannot set a numerical cap on how many class 2 or class 3 horse racing track licenses it…
Does a Texas state agency have to have every construction bond issued and in the bank before it can sign the building contracts?
In this 1988 opinion the Attorney General found no law that forces the Texas Public Finance Authority to issue all of a project's bonds before construction contracts can be signed. There is one real…
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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.