State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a Delaware town council meet privately with a developer to renegotiate impact fee payment terms without telling the public first?
No, under the law as it stood in 2008. The AG found Cheswold's town council violated FOIA three ways when it privately met with a developer's representatives to renegotiate impact fee payment terms: i…
Can a Texas county give a tax abatement to a company building on a commissioner's land?
The Sterling County Attorney asked whether the conflict-of-interest exclusion in Tax Code section 312.402(d) blocks the county from giving a wind turbine company a tax abatement when the company's tur…
Did the Idaho AG approve a 2008 ballot initiative banning new coal and nuclear power plants in Idaho without statewide voter approval?
Mixed. The AG noted the coal-plant ban was effectively redundant because Idaho's existing zero-mercury rule (IDAPA 58.01.01.199) already prohibited new coal-fired generation. The nuclear provisions ra…
Does Delaware's open meetings law give the public a right to speak at a school board meeting?
No, the AG found. FOIA's open meeting provisions don't guarantee anyone a right to address a public body at all, so a school board did not violate the law by letting an aunt speak on other topics but …
Can a Texas river authority give over-65 lakefront leaseholders a discounted, frozen lease rate?
The Brazos River Authority, which leases lakefront property around Possum Kingdom Lake to private individuals, asked whether it could give lessees over 65 a 10% discount off current lease rates and fr…
Does Texas's enhanced driver's license for crossing the Mexico border conflict with federal passport law?
The Director of the Texas Department of Public Safety asked whether Transportation Code section 521.032, which lets the Department issue an enhanced driver's license for crossing the Texas-Mexico bord…
Can a Texas city council member also serve on a local water supply corporation's board?
Senator Jeff Wentworth asked whether a member of the Village of Wimberley City Council, and the mayor, could serve at the same time on the board of directors of the Wimberley Water Supply Corporation.…
Does a new Texas school-district contract ban apply to agreements signed before it took effect?
The Webb County Attorney asked how Texas Education Code section 11.168, which bars a school board from agreeing to use district employees, property, or resources to build or renovate improvements on r…
Can a Texas city manager hire a city commissioner's relative without breaking nepotism law?
A state senator asked the Attorney General several nepotism questions about the City of Pharr, where a city commissioner had recommended a woman for a city job; she later had a child with the commissi…
Does a Texas county have to maintain private subdivision roads it approved on a plat?
The Hood County Attorney asked whether the county had to maintain the roads in the Hill Country Estates subdivision, which were laid out and approved on a plat back in 1983. The Attorney General concl…
Can a Texas court let a probationer pay a fee instead of doing community service hours?
A district judge in Jim Wells County, through the county attorney, asked whether a court can modify probation conditions to let qualified probationers pay a set fee per hour (suggested at the minimum …
Can the Texas Lottery Commission run a raffle-style game?
The Chair of the Texas Lottery Commission asked whether the commission could run a raffle-style game, one where tickets are sold at lottery retailers for a set drawing date, but with no duplicate tick…
Can a Texas bingo hall use a video screen to show pull-tab bingo results?
Senator Jane Nelson asked whether a Texas Lottery Commission rule that allows a 'graphic and dynamic' video confirmation of the outcome of pull-tab (instant) bingo games crosses the line into electron…
Can Maryland State Police charge a share of its overall helicopter operating costs, not just direct medical-flight costs, to the state's medevac fund?
The Attorney General concluded that the Department of State Police's practice of charging the Maryland Emergency Medical System Operations Fund for a percentage of its overall helicopter operating cos…
Who handles old tax lawsuits after a Texas appraisal district's boundaries shrink to the county line?
Waller County's district attorney asked who is responsible for property tax lawsuits filed against the Waller County Appraisal District over property outside Waller County, after House Bill 1010 took …
Can a property tax consultant sign the agent form for a Texas property owner?
State Representative Fred Hill asked the Attorney General to interpret Tax Code section 1.111, which lets a property owner name an agent to handle property tax matters, and specifically whether a prop…
Does a Delaware town have to spell out a hot-button issue like building height in its meeting agenda, or post its draft plans online?
Under the law as it stood in 2007, yes for the town, according to the AG. Posting notice at Town Hall satisfied FOIA even though the town skipped local newspapers, general agenda items like 'RAC activ…
If two members of a five-person Delaware town council decide something together without a public meeting, does that violate the open meetings law?
Not automatically, the AG found. Because only four of the town's five council seats were filled and a quorum required three, a decision made by just two council members (the president and the treasure…
Can a Texas police department put seized contraband money in an interest-bearing account?
Collin County's Criminal District Attorney asked the Attorney General what a law enforcement agency may do with money it seizes as contraband before a court enters final judgment. The Attorney General…
How does Georgia's State Use Law set-aside procurement program work, and who decides what counts as the 'normal' price?
The Attorney General concluded that the State Use Council and the Commissioner of Administrative Services share the power to develop the set-aside list, the list is a mandatory source of supply for st…
Did Hailey, Idaho's three voter-passed marijuana initiatives (medical marijuana, hemp, lowest enforcement priority) hold up under Idaho law?
Mostly no. The AG concluded the medical-marijuana and industrial-hemp initiatives directly conflicted with Idaho criminal drug law and were preempted; the law-enforcement-priority initiative addressed…
Is the Texas pollution-control property tax exemption limited to clean energy projects?
The Chair of the Texas Commission on Environmental Quality asked the Attorney General whether the agency's rule-making authority over the pollution-control property tax exemption and tax rollback reli…
Can a Texas civil service commission give job applicants extra exam points for living in the city?
The Chair of the Texas House Committee on Urban Affairs asked the Attorney General whether a local civil service commission may adopt a rule that adds points to a fire or police applicant's exam score…
Must a Texas home-rule city fill a council vacancy by election instead of by appointment?
The Cameron County District Attorney asked the Attorney General whether article XI, section 11 of the Texas Constitution prevails over the Harlingen City Charter on how to fill a vacancy on the city c…
Does Syracuse's city charter requirement that city employees live in Syracuse apply to its paid firefighters, or do firefighters get a broader residency rule?
Syracuse paid firefighters must reside in Onondaga County, not within the city limits. Public Officers Law § 3(4) lets paid firefighters satisfy a city or village residency requirement by living in th…
Can a New York city subpoena documents and witnesses from local nonprofits that don't do business with the city, when the city is investigating something like sex-offender treatment?
Yes, in some circumstances. General City Law § 20(21) lets a city subpoena witnesses (and in at least some cases documents) when investigating a matter of concern to the city or its inhabitants, even …
Can a New York court security officer or marine patrol officer (both peace officers) detain or arrest someone they know has an outstanding arrest warrant, even though peace officers can't execute warrants?
Yes, with limits. A New York peace officer who learns of an outstanding arrest warrant while performing the officer's special duties may physically detain the wanted person until a police officer arri…
When an Oregon health professional licensing board investigator also acts as the board's expert witness, what part of their report is protected from disclosure to the licensee facing discipline?
Only the expert-witness part. The investigator's mandatory report under ORS 676.165 must be disclosed; an expert-witness report (separate or as a distinct portion of one combined document) is exempt u…
Could the Texas House remove its Speaker, and was impeachment the only lawful method?
The Attorney General predicted that a court would likely treat the Texas House Speaker as a state officer subject to impeachment, but impeachment was not the only possible removal method. The opinion …
Can a Texas county buy a generator and lease it to a local radio station?
The Guadalupe County Attorney asked the Attorney General whether it would violate the Texas Constitution for the county to spend public money on a generator and then lease it to KWED, a local AM radio…
Can a Texas county judge issue one mass gathering permit for several events?
The Comal County Criminal District Attorney asked the Attorney General whether a county judge may issue a single mass gathering permit to cover a series of similar events, or whether each event needs …
What liability insurance must a Texas real estate inspector carry to get licensed?
The Texas Real Estate Commission asked the Attorney General to interpret new insurance requirements that Senate Bill 914 (2007) added to the Occupations Code for real estate inspector licenses. The am…
Can a Texas county appoint its county judge as the county budget officer?
The Williamson County Attorney asked the Attorney General whether a county that chooses to operate under subchapter C of chapter 111 of the Local Government Code (the optional method that lets larger …
Are seller-paid concessions in an Oregon residential real estate transaction confidential information that a real estate licensee cannot share with appraisers?
By default they are confidential under ORS 696.800-696.870. But if the seller instructs the licensee to disclose the information to the buyer, it loses confidential status and the licensee may then sh…
Can an out-of-state bank with no Maryland branch hold trust accounts for Maryland lawyers?
The Attorney General concluded that a financial institution located entirely outside Maryland and its neighboring jurisdictions, such as a federal savings association headquartered and branched only i…
Does the Texas Lottery Commission have to give disabled residents meaningful access under the ADA?
State Senator Rodney Ellis asked the Attorney General whether the Texas Lottery Commission violates the federal Americans with Disabilities Act if it fails to provide 'meaningful access' to state serv…
Did real estate transactions between the West Virginia State Armory Board and other public bodies need approval by the Board of Public Works?
Yes. The 2007 AG opinion concluded that the acquisition and disposition of real property by and between the State Armory Board and other public bodies was subject to approval by the West Virginia Boar…
When a Texas judicial district is created, must the state fund the new judge's salary?
Governor Rick Perry asked the Attorney General two questions about the newly created 444th and 445th Judicial Districts in Cameron County: whether the courts existed so that he could appoint judges, a…
Does Texas's impact-fee timing rule control a city's fees if the city raised the amounts after June 20, 1987?
Senator Mike Jackson, on behalf of the City of League City, asked whether Local Government Code section 395.016(b), which sets when impact fees adopted before June 20, 1987 may be assessed and collect…
Can a Georgia county temporarily borrow money from its SPLOST account to cover other county expenses?
No. The Attorney General concluded that SPLOST proceeds must stay in a separate account and be spent only on the voter-approved projects listed in the SPLOST resolution. Even short-term borrowing for …
Can a Delaware city retroactively justify withholding FOIA records based on things said after it already refused the request?
No, the AG found. Delaware's potential litigation exemption is judged by what a city objectively knew when it made its withholding decision, so statements and news stories from weeks after the City of…
Can a Texas county use road bond money on a city street that connects to a county road on only one end?
Senator Mike Jackson, on behalf of Galveston County, asked whether the county could use road bond funds issued under article III, section 52(b) and (c) of the Texas Constitution to work on city street…
Can the Long Island Power Authority pay performance bonuses to its employees, and can it give charitable contributions or sponsorship dollars to local civic and not-for-profit groups?
Performance bonuses paid as part of LIPA's compensation structure are within its statutory power to fix employee compensation. Sponsorships and contributions only work if they directly relate to a LIP…
Can a Texas bail bond board grant a temporary license or extension so a surety can keep working after the license expires?
Collin County Criminal District Attorney John R. Roach asked whether a county bail bond board could adopt a local rule that temporarily extends a surety's license past the expiration dates set in Occu…
If a Texas school district misses the deadline to file a truancy complaint, can it still file one for a later absence?
Representative Charlie F. Howard asked two questions about a school district's duty under Education Code section 25.0951(a) to file a truancy complaint after a student's tenth unexcused absence. First…
Can a Texas police association charge its members lower tuition for required continuing education courses?
Timothy Braaten, head of the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE), asked whether the Texas Municipal Police Association (TMPA), a continuing-education provider…
Is a Texas public employee's net salary public, and does it go in the state spending database?
Comptroller Susan Combs asked which public-employee information had to go into the new public database of state expenditures created by House Bill 3430 in 2007. The Attorney General concluded that a p…
Who decides what financial software a Texas county auditor's office uses, the auditor or the commissioners court?
Johnson County Attorney Bill Moore asked whether the county auditor, under Local Government Code sections 84.901 and 112.001, can choose the financial software for the auditor's own office, pick betwe…
Can a Texas county court at law judge decide felony cases when assigned to a district court?
Kerr County Attorney Rex Emerson asked whether a county court at law judge, assigned by the presiding judge of the administrative judicial region to sit in district court, could render judgment in fel…
Can a Texas justice of the peace also hold a county EMS or other county job at the same time?
Terrell County Attorney Marsha Monroe asked three questions about county officers holding more than one county position. First, the Attorney General concluded that a justice of the peace may also serv…
Does the Texas section 133.154 special court filing fee apply to cases filed in a statutory probate court?
Two district attorneys, Susan Reed of Bexar County and John Roach of Collin County, asked whether the special civil filing fee in Local Government Code section 133.154 (added by the 2005 House Bill 11…
Can a Texas legislator sell insurance to a state university under article III, section 18?
Texas Southern University asked whether a member of the Texas Legislature could provide insurance services to a state university, where the legislator had signed competitively bid insurance contracts …
Does a Delaware town have to name a specific person in the meeting agenda before voting to remove them from a volunteer board?
No, under the law as it stood in 2007. The AG found that listing 'Executive Session if needed to discuss personnel matters' on the agenda gave adequate notice before the Cheswold Town Council privatel…
Can the City of Elmira use its charter-amendment power to abolish the state-created Elmira Water Board or change how its commissioners are selected and overseen?
No. Although a city normally can amend even state-enacted charter provisions through home rule, the Elmira Water Board was created as an independent body corporate by special state act and is not part…
Can a New York county require a super-majority vote of its legislature to pass certain resolutions, like spending under an austerity plan or hiring under a hiring freeze?
Yes, but only by local law and subject to mandatory referendum. A county cannot impose a super-majority requirement for resolutions through its own internal rules of procedure, because that authority …
Can a Texas county clerk put court records online for the public to search?
A Texas House committee chair asked whether the El Paso County district and county clerks could store court documents in an electronic database and make them searchable online. The Attorney General sa…
How is the 10% fee cap for a Texas state-employee charitable campaign manager calculated?
A Texas House committee chair asked whether the 10 percent fee a campaign manager may charge charities in the state employee charitable campaign is measured against the contributions collected in that…
Does federal law override Texas's concealed-carry proficiency certificate rules for retired police?
The Kerr County Attorney asked whether 18 U.S.C. section 926C, the federal law letting qualified retired law enforcement officers carry a concealed firearm, preempts the Texas Occupations Code section…
Does owning part of a holding company make you ineligible for a Texas bingo license?
The Texas Lottery Commission asked whether an applicant for a bingo manufacturer's or distributor's license is ineligible if an individual it must name in the application holds 10 percent or more of a…
Can a Texas district attorney accept private donations to pay office staff?
A district attorney asked whether she could set up a nonprofit to take in donations and use them to supplement her employees' pay. The Attorney General said a prosecuting attorney has no general autho…
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