State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a BYOB pool hall operate without a liquor license in Texas?
A district attorney asked whether a downtown Corsicana pool hall could let customers bring and drink their own alcohol (BYOB) without a license from the Texas Alcoholic Beverage Commission, and whethe…
Can a New York police department give the Crime Victims Board a copy of a police report, even when the underlying crime is a sex offense or HIV-transmission offense whose victim's identity is confidential under Civil Rights Law § 50-b?
Yes. Executive Law § 623(4) authorizes the Crime Victims Board to request, and local law enforcement to provide, police reports needed to investigate claims for compensation. Civil Rights Law § 50-b's…
Can the Justice Court Technology Fund pay for a constable's computer or training?
A county criminal district attorney asked whether Jasper County's Justice Court Technology Fund, built from fees paid by misdemeanor defendants in justice court, could buy a desktop computer for a con…
When does a Texas county senior tax freeze take effect, and what year is the base year?
DeWitt County voters approved a property tax freeze for homesteads of people 65 or older or disabled at a November 2005 election, but the commissioners court never adopted a resolution to implement it…
Can a Texas city lease or sell part of a city park to a school district to build a school?
El Paso County asked, for the Ysleta school district, whether a home-rule city could lease or sell part of an existing city park to a school district for a new school. The Attorney General said yes on…
Can a former Texas judge become a prosecutor in the same county where she was a judge?
The Dallas County District Attorney asked about a former district judge, now an assistant district attorney in his office, who is prosecuting and supervising Child Protective Services cases in the sam…
Can a Texas appraisal district's in-house lawyer also advise the appraisal review board?
No. Because an appraisal review board hears protests against the appraisal district itself, the district's in-house counsel cannot also serve as the board's lawyer; private legal discussions between t…
Does a candidate for a Texas community college board of regents have to meet a six-month residency requirement?
Yes. The Attorney General concluded that a candidate for the Del Mar College District Board of Regents must satisfy the Election Code's requirement of having lived in the territory the seat represents…
Can a journalist or other member of the public get a copy of someone's death certificate from Georgia's Vital Records Division, including the cause of death and any surgical procedures performed, without violating HIPAA medical privacy laws?
Yes. Georgia's Open Records Act makes death certificates public, and the federal HIPAA Privacy Rule does not block this disclosure. HIPAA's regulations (45 C.F.R. § 160.203) explicitly carve out state…
If someone rides an ATV (a quad/four-wheeler) on a public road in Georgia and gets pulled over for speeding or running a stop sign, can they be charged under Georgia's regular traffic laws? Or do ATVs get a pass because they're 'off-road' vehicles?
ATVs on public roads are subject to all of Georgia's regular traffic laws (the Uniform Rules of the Road in O.C.G.A. § 40-6-1 through § 40-6-397). Even though ATVs are 'designed for off-road use,' the…
Can a Texas state board adopt its own rule requiring a supermajority vote to pass something?
No. The Attorney General concluded that the State Board of Education's power to adopt its own rules of procedure does not let it require a supermajority (more than a simple majority) to act. Texas fol…
Can a Texas county contract to provide constable law-enforcement to a private apartment complex or association?
Yes, within constitutional limits. The Attorney General concluded that chapter 351, subchapter D of the Local Government Code, which lets a commissioners court contract to provide county law-enforceme…
When the Maine Legislature decides how much Highway Fund money goes to the State Police, is it bound by the OPEGA report's findings on which State Police activities are highway-related?
No. The AG concluded that determining what portion of the State Police budget can be funded from the Highway Fund is a fact-based legislative judgment under Article IX, Section 19 of the Maine Constit…
Does the federal motor carrier preemption law block North Carolina from requiring trucking companies to make sure independent truckers have workers' compensation coverage?
No. The NC AG concluded that N.C.G.S. § 97-19.1, which makes principal contractors and intermediate motor carriers liable for workers' compensation benefits when the trucker below them does not have c…
Can a Texas county open or operate a hospital clinic in a neighboring county without that county's permission?
Yes, under the right findings. The Attorney General concluded that under Health and Safety Code section 263.022(c), a county that runs a county hospital may purchase or lease a medical clinic in an ad…
Who is the proper filing officer when a Minnesota school district receives a petition for a special referendum election, and the district sits in more than one county?
The school district clerk. The AG concluded that the Secretary of State's petition rules (Minn. R. ch. 8205) apply to school district referendum petitions generally, but the rules' specific definition…
Can the public get a mug shot from a Maryland police department under the Public Information Act?
Maryland's Attorney General concluded that a booking photo (mug shot) held by a police department is not the kind of protected criminal history record information that must be kept confidential. It is…
Can a Texas justice of the peace also give polygraph tests for the district attorney's office?
The Attorney General did not give a yes-or-no answer, because that call belongs to someone else. It explained that the State Commission on Judicial Conduct, not the Attorney General, is the body that …
When a county wants to upgrade a gravel road in an unorganized township by paving it with asphalt, can the county use SDCL 31-13-51 (the up-to-80-cents-per-front-foot special assessment for maintaining or repairing township roads) to pay for the work? And if it could, could the county set up multi-year installment payments using the municipal-financing chapter (SDCL ch. 9-43)?
No on both. SDCL 31-13-51 authorizes an annual front-foot assessment only for 'maintaining or repairing' roads. Asphalt surfacing of a gravel road is an 'improvement' under SDCL 31-13-33 (which specif…
If a Texas constable resigns by running for another office, what happens when his precinct is abolished?
The Attorney General concluded that a constable who automatically resigns by declaring candidacy for another office of profit or trust still must hold over in the constable's office until a successor …
Did the 2007 Wyoming Legislature's $3.35 million appropriation to help pay state-plan health insurance premiums for already-retired state, university, and community-college employees violate the Wyoming Constitution's bar on 'extra compensation' to public employees after services were rendered?
No. Attorney General Patrick Crank concluded that Article 3, Section 30 was rooted in anti-fraud concerns about contracted services, not a categorical ban on post-employment payments to retirees, and …
How does Texas calculate the school property value deduction for a tax increment financing (TIF) zone?
The Attorney General concluded that under Government Code section 403.302(d)(4), the Comptroller deducts only the portion of a school district's captured appraised value in a tax increment reinvestmen…
Does the minimum Medicaid reimbursement rate for Oregon long-term care facilities under § 24(4)(f) of Oregon Laws 2003, chapter 736 freeze at one biennium's calculation, or does it recalculate every two years?
It freezes. The AG concluded that § 24(4)(f) was a one-time calculation tied to the 70th percentile of allowable costs in the 2005-2007 biennium, which set a fixed dollar floor for future reimbursemen…
Can a Texas taxing unit waive property tax penalties if the appraisal district caused the delinquency?
Only if the deadline is met. The Attorney General explained that Tax Code section 33.011 requires a taxing unit to waive penalties (and lets it waive interest) when the taxpayer's failure to pay on ti…
Can Texas require a veterinarian to register with DPS before dispensing controlled substances?
Yes. The Attorney General concluded that the Texas Board of Veterinary Medical Examiners had authority to adopt its rule (22 Tex. Admin. Code section 573.43) barring a licensed veterinarian from dispe…
Can a Texas hospital district house and manage a private imaging business inside its own hospital?
Yes, with conditions. The Attorney General concluded that the Angleton-Danbury Hospital District had implied authority under Special District Local Laws Code chapter 1002 to house and manage a private…
Does a Delaware university's board of trustees violate open meetings law just by attending a national conference together?
No, under the law as it stood in 2007. The AG found that thirteen of Delaware State University's seventeen trustees attending a national trusteeship conference in Phoenix did not create a FOIA 'meetin…
Can a Delaware elections committee hold a voter-eligibility meeting on just three days' notice right before an election?
Under the law as it stood in 2007, yes, according to the AG. The Elections Committee had a compelling need to inform voters before a February 24, 2007 town election, though it should have explained in…
Can a Delaware town satisfy FOIA's meeting-notice rule by posting at the post office instead of its own regular meeting hall?
No, under the law as it stood in 2007. The AG found the Town of Bethel had to post meeting notices at its own regular meeting place (the Community Center), not just at the post office and a local mark…
Can the public get payroll records for Delaware State University employees under the state's FOIA law?
Only if the employee is paid from public funds. The AG found two Delaware State University employees paid entirely from the university's private, non-public restricted funds were outside FOIA, so thei…
Could a Delaware town call a last-minute 'special' meeting instead of an 'emergency' meeting to skip FOIA's notice rules before an election?
Partly. The AG found the Town of Bethel's two-day notice was valid as a special meeting because there was a genuine compelling need to appoint election officials before an upcoming vote, but the notic…
If a New York town changes from second class to first class, what happens to the unexpired four-year terms of the town supervisor, town clerk, and highway superintendent?
When a New York second-class town voluntarily reclassifies as a first-class town under Town Law § 12, the four-year terms of the town supervisor and town clerk end the day before the change takes effe…
Can a New York town issue a fireworks display permit for a private wedding reception, and can it require fireworks permit applicants to also get a separate noise permit?
No on both questions. Penal Law § 405.00 lets a town issue a fireworks display permit only to a municipality, fair association, amusement park, or organization of individuals for a public display. A w…
When the Idaho Land Board disclaims state ownership of formerly submerged land, can it require a 25-foot public-use easement in exchange without it being an unconstitutional taking?
Yes. The AG concluded the 25-foot easement requirement is a programmatic settlement of a competing-claim boundary dispute, with the easement representing valuable consideration for the State's giving …
Can a Texas county auditor hire outside lawyers without the county attorney's consent?
Yes, on the facts here. The Attorney General concluded that the Henderson County Attorney had no exclusive duty to represent the county in all civil legal matters, so the county auditor's retention of…
Can a Texas county medical examiner charge a tissue procurement organization for using its facility?
No. The Attorney General concluded that section 693.002(b) of the Health and Safety Code does not authorize a county medical examiner to recoup costs from a tissue procurement organization that uses t…
Can a Texas county cremate the body of an unidentified pauper?
No. The Attorney General concluded that even though a county may dispose of a deceased pauper's body by cremation under Health and Safety Code section 694.002(a), section 716.101 flatly prohibits a cr…
How must a Texas sheriff dispose of a vehicle abandoned when its occupants run off?
The Attorney General concluded that Transportation Code chapter 683, the abandoned-vehicle statute, did not govern. A vehicle is only 'abandoned' under that chapter if it sat unattended or illegally f…
Can Texas legalize electronic pull-tab bingo without amending its constitution?
No. The Attorney General concluded that a Texas court would hold that 'bingo' in article III, section 47(b) of the Texas Constitution, the provision that lets the Legislature authorize charitable bing…
Can the same person be a Texas county constable and a groundwater district board member?
No. The Attorney General concluded that article XVI, section 40(a) of the Texas Constitution, which bars anyone from holding more than one civil office of emolument at the same time, prevents one pers…
Can a Texas navigation district adopt an over-65 or disabled homestead tax freeze?
No. The Attorney General concluded that article VIII, section 1-b(h) of the Texas Constitution, which lets certain taxing entities freeze property taxes on the homesteads of people who are disabled or…
Can an acting city manager also serve on a metropolitan transit authority board in Texas?
Yes, in the situation presented. The Attorney General concluded that the common-law doctrine of incompatibility does not bar an acting city manager who serves under an employment agreement, at the ple…
Can a charity get a Texas property tax exemption for a building it can't yet occupy?
It depends on the facts, and the chief appraiser decides. The Attorney General explained that an unoccupied building is not automatically disqualified from the charitable property tax exemption: under…
Can a Texas assistant police chief also serve as the city administrator?
Not at the same time. The Attorney General concluded that League City's Assistant Chief of Police, who took a paid leave of absence to act as interim City Administrator, was not in a civil service pos…
Does a Texas school district have to switch to four-year trustee terms for joint elections?
Sometimes, yes. The Attorney General concluded that Education Code section 11.0581 requires an independent school district to hold its trustee elections jointly, on the same uniform election date as a…
Can a Texas county take money from a jail inmate's account for past medical bills?
Yes, with due process. The Attorney General concluded that a county may deduct from a county-jail inmate's commissary or trust account the funds needed to recover the cost of medical, dental, or healt…
How can a Texas county legally sell seized eight-liner gambling machines?
By competitive bid or auction, not a private bulk sale. The Attorney General concluded that article 18.18 of the Code of Criminal Procedure, which allows forfeited gambling contraband to be destroyed …
If a credit reporting agency or consumer reporting business does work that goes beyond ordinary credit reporting (like skip tracing, asset searches, or background investigations) does it need a Georgia private detective license, even though it's exempt from licensure for normal credit reporting work?
Yes. The FCRA exemption in O.C.G.A. § 43-38-14(a)(2) covers only the activities that fit within the federal Fair Credit Reporting Act framework, credit transactions, employment, insurance underwriting…
Which misdemeanor offenses created in the 2006 Georgia legislative session require fingerprinting at booking, and which don't?
The AG designated 13 of 16 reviewed offenses as fingerprintable: vicious dog violations, assault and battery on an unborn child, disrupting a funeral service, weapons at a nuclear power facility, loit…
When a New York public authority transfers state-owned land to a city, a railroad, or a hydropower developer, does it have to put the property out for public bidding at fair market value?
It depends on the deal. Transactions specifically authorized by Canal Law sections 53 and 54 (railroad conveyances and hydropower easements) do not have to be publicly bid or priced at fair market val…
Can a small Delaware town charge thousands of dollars in staff time before it will hand over public records?
No, the AG found. Because the Town of Bridgeville had no written FOIA fee schedule, it could only charge the actual cost of photocopying, not the $11,383 in estimated staff labor it demanded up front …
Was Maine's proposed LD 275, expanding admissibility of child sexual abuse victims' hearsay statements, constitutional under Crawford v. Washington?
Likely yes, with drafting fixes. The AG concluded that LD 275 would probably survive Sixth Amendment review under Crawford and Roberts, but recommended rewriting it to track the case-law standards mor…
Can Oregon's Construction Contractors Board suspend a contractor's license for not paying a civil penalty for failing to fill out a prevailing wage rate survey?
No. The 2007 AG opinion concluded that responding to a BOLI prevailing-wage survey was not a 'construction activity,' so an unpaid civil penalty for failing to respond was not a 'construction debt' un…
If a state university building is damaged, can the State Board of Higher Education repair it itself instead of filing a claim with the state Insurance Fund?
Generally no. The 2007 AG opinion concluded that the Department of Administrative Services could require the Board of Higher Education to file a property damage claim with the state Insurance Fund whe…
Can a hearing officer or DMV reduce a mandatory Oregon driver's license suspension if the driver shows up at the hearing with a good excuse?
No. The 2007 AG opinion concluded that ORS 809.440(1)(d) did not give DMV (or an Administrative Law Judge running the hearing) discretion to skip a suspension that ORS 809.409 to 809.423 made mandator…
Can a Texas open-enrollment charter school have its own police department?
No. The Attorney General concluded that the Education Code does not authorize an open-enrollment charter school to operate or maintain a commissioned police force. Section 37.081 gives that power to a…
Can a pardoned person collect wrongful-imprisonment compensation if they served a concurrent sentence for another crime?
Yes, in this situation. The Attorney General concluded the Comptroller may approve a chapter 103 wrongful-imprisonment claim even though the claimant served a concurrent prison sentence for an unrelat…
If a Delaware board's own bylaws set a lower quorum than what a later change in the enabling statute requires, which one controls?
The statute does, according to this opinion. When the legislature increased the size of Delaware State University's Board of Trustees without updating the specific quorum statute, the AG found the quo…
Can a Texas teacher or school employee be paid to serve on a city council?
Generally not as a salary. Under article XVI, section 40(b) of the Texas Constitution, a person paid by the state can serve on a local governing body but cannot receive a salary for that service, with…
Can a Texas city loan public money to a private developer for a housing project?
Yes, if the project promotes economic development. The Attorney General concluded that article III, section 52-a of the Texas Constitution and Local Government Code section 380.001 let a city make a l…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.