State AG Opinions
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Do apartment maintenance workers in Texas need a pest-control license to spray pesticides on the landscaping?
The Attorney General concluded that under Occupations Code section 1951.051, the Texas Structural Pest Control Board may not require an employee of an apartment building owner to get a license before …
If I was let off probation when my term ended but never paid my court fines, do I still owe them in Texas?
The Attorney General concluded that for both regular and deferred adjudication community supervision, the supervision period ends automatically when the term expires, even if the judge never signs a d…
How many votes does a Texas hospital district board need to pass something, and do abstentions count against it?
The Attorney General concluded that because the Harris County Hospital District Board of Managers adopted Robert's Rules of Order to govern its meetings, it approves an action by a majority vote of th…
Two Texas bills changed the same water-funding law in 2005, so which version of the 'affected county' rule actually applies?
The Water Development Board pointed out that two bills from the 2005 legislature, Senate Bill 425 and House Bill 467, amended the same Water Code sections (16.341 and 17.923) in conflicting ways, and …
Can an 18, 19, or 20-year-old in Texas collect a lottery prize directly, or does it have to go through an adult?
The Attorney General concluded that for purposes of the State Lottery Act, a 'minor' is anyone who has not yet turned 21. That is because Government Code section 466.405, which governs paying prizes t…
Can Texas's Private Security Board make new alarm installers work under supervision or meet electrical-code standards?
The Chair of the House Public Health Committee asked whether the Private Security Board could adopt two rules for newly registered alarm installers. The Attorney General split the answer. On the first…
Does the Swan Falls Agreement let Idaho prioritize aquifer recharge over Idaho Power's hydropower water rights, and do later statutes give Idaho Power vested rights against that?
This is the original Opinion 06-2, since superseded by Opinion 06-2A. The conclusions are unchanged: Idaho Power's hydropower rights above the Murphy Gauge minimum flows are subordinated to subsequent…
What did Idaho's AG say about Ron Gillett's revised 2006 wolf-removal ballot initiative, after the AG flagged single-subject problems with the original?
Petitioner Ron Gillett refiled the wolf-removal initiative on March 7, 2006, after the AG's March 3 Certificate flagged single-subject problems. The revised version dropped the Office of Species Conse…
Could a judge in Maine count time served as a legislator toward judicial retirement, and if the Legislature wanted to change that, would the constitutional unfunded-liability ban apply?
The Maine AG concluded that under the statutes as they stood in 2006, a judge could not count legislative service toward Maine Judicial Retirement System eligibility or benefits, there was no statutor…
What did Idaho's AG say about Ron Gillett's 2006 ballot initiative to 'remove' gray wolves from Idaho?
The AG concluded the initiative's caption was misleading because state law cannot remove federally protected gray wolves under the Endangered Species Act, and that the proposal's combination of wolf-m…
If a small Texas city already taxes hotels in its ETJ, does a new county hotel tax force the city to drop its tax over the 15% cap?
The Attorney General concluded that section 351.0025(b) of the Tax Code limits cities, not counties, so it is not a question of which one has priority. A city with fewer than 35,000 people may tax hot…
Can a Texas waterfront owner rebuild eroded land that became School Fund property and keep title without paying the fund?
The General Land Office Commissioner asked whether a 2005 law, Natural Resources Code section 33.613, was constitutional. The Attorney General concluded it was not. When a waterfront (littoral) owner'…
Can a town supervisor in New York appoint the same person to serve as their confidential secretary and as deputy supervisor?
No. The deputy supervisor and the confidential secretary to the supervisor are incompatible positions and cannot be held by the same person. When the deputy supervisor stands in for the supervisor, th…
Can a Texas attorney ad litem meet with a foster child by phone before a court hearing, or does the law require an in-person meeting?
Two legislators asked whether a telephone interview satisfies an attorney ad litem's duty under Family Code section 107.004(d) to meet, before each court hearing, with a child in a child-protection ca…
Georgia adds a 5% surcharge to fines for criminal offenses (O.C.G.A. § 15-21-131). When someone gets a traffic ticket, posts a cash bond, and lets the bond be forfeited instead of going to court, does the clerk still collect the 5% surcharge?
Yes. When a defendant in a traffic case posts a cash bond and forfeits it in lieu of appearing in court, O.C.G.A. §§ 17-6-8 and 40-13-58 require the proceeds to be 'applied and distributed as any fine…
When a Texas county distributes county permanent school fund money to its districts, are transfer students counted where they live or where they attend school?
Dawson County's attorney asked how to split a county permanent school fund reduction among five school districts when many students live in one district but attend another. The Attorney General conclu…
Does a Texas county clerk have to impress a raised seal on every page of a certified copy, or only on the last page?
The Office of Court Administration asked whether the county clerk's certificate that goes on each page of a certified copy has to include a raised (embossed) seal on every page, or whether the seal ca…
Does a Texas retirement home that makes residents use the owner's own home health agency for care have to be licensed as an assisted living facility?
The Department of Aging and Disability Services asked about a place, marketed as a retirement community, that housed more than four unrelated residents and required them, by contract, to get all perso…
Can a Texas elected constable also work full-time as a deputy sheriff at the same time?
Fannin County's attorney asked whether an elected constable is barred from also serving as a full-time deputy sheriff. The Attorney General concluded there is no such bar. Article XVI, section 40 of t…
If a Texas wireless carrier disputes whether the 911 fee applies to its service and seeks a refund, does the 911 Commission or the Comptroller decide?
A wireless carrier filed a refund claim with both the Commission on State Emergency Communications and the Comptroller, arguing the 9-1-1 fee did not apply to its prepaid service. The Commission asked…
Can a New York town adopt a local law making it a violation to host a party for minors where alcohol is being consumed?
Yes. State alcohol-control laws do not preempt a local 'teen party host' ordinance that penalizes adults for letting underage drinkers gather and drink at a residence they control. The state regulator…
Can a title company bring its own plat copying machine into a Texas county clerk's office to copy property records?
San Patricio County's attorney asked whether a person or company may set up a plat copying machine in the county clerk's office or elsewhere in the courthouse, where the clerk's office had no machine …
Did the 1984 Swan Falls Agreement subordinate Idaho Power's hydropower rights to aquifer recharge, and do later statutes create vested rights for Idaho Power against that subordination?
Yes and no. Yes, Idaho Power's hydropower rights above the Murphy Gauge minimum flows are subordinated to all subsequent beneficial upstream uses, including aquifer recharge. No, the 1994 statutes tha…
What fees can a Texas hospital charge a workers' comp carrier for medical records, the lower Labor Code rate or the Health and Safety Code rate?
The Department of State Health Services asked whether Health and Safety Code section 241.154(b) or Labor Code section 408.025(d) sets the fees a hospital may charge a workers' compensation carrier for…
Do retired Texas judges who were eligible to serve by assignment before the 2003 rules still qualify under the old requirements?
Texas lets retired and former judges sit by assignment to help clear court backlogs, if they meet the eligibility rules in Government Code section 74.055(c). A 2003 law (House Bill 3306) made those ru…
What tuition exemption do Texas firefighters get for fire science courses, and does it cover community college fees?
A state senator asked the Attorney General to clarify Education Code section 54.208, which exempts Texas firefighters from tuition and lab fees for fire science courses. The opinion reached four concl…
Can Texas collect unpaid fines with a capias pro fine after a defendant's deferred adjudication ended with no motion to adjudicate filed?
Burnet County's collections office found expired deferred adjudications with unpaid court costs and fines, and the county attorney asked whether the state could still chase those defendants with a cap…
Would a defense-of-marriage amendment to the Idaho Constitution actually do anything new, given that Idaho already banned same-sex marriage by statute?
The 2006 AG concluded that even without an amendment, Idaho courts would probably uphold the state's existing same-sex marriage ban, but a constitutional amendment would foreclose state-constitutional…
Can a private Texas college join the tuition equalization grant program if it is accredited by a different agency than public universities?
Representative Jim Pitts and the Higher Education Coordinating Board disagreed over whether Education Code section 61.222 let the Board approve a private college (Dallas Christian College) for the tui…
Can a Texas substitute teacher be paid for serving on a city council, or does the ban on holding two paid public positions block it?
Calhoun County's district attorney asked whether a substitute teacher could be paid while also serving on a city council. The Attorney General said yes. The Texas Constitution generally bars a state-f…
Could Maryland's energy office legally move money from a fund set up to make low-interest loans for community energy efficiency projects into a separate fund used to make loans to state agencies?
No, not without further legislative action. The opinion concluded that money appropriated to the Community Energy Loan Program (CELP) Fund could only be spent for CELP's statutory purposes, so the Mar…
Can a New York insurance company or broker charge an extra fee to a customer who pays an insurance premium by credit card?
No. General Business Law § 518 prohibits any seller in a sales transaction from imposing a surcharge on a customer who pays by credit card. The purchase of insurance coverage is a sales transaction (a…
South Dakota water project districts (special-purpose political subdivisions formed under SDCL ch. 46A-18) are funded by tax levy or special assessment, and bond elections need 60% approval. The TLC Water Project District wanted to know who actually gets to vote in those bond elections. Do 'registered voters' have to also be landowners? Do landowners voting on special assessments have to be registered voters, or residents of the district? After 1998 statutory reorganization muddied the rules, district presidents needed a clear answer.
The 2006 AG separated the two voter groups. For bond elections funded by tax levy: registered voters of the district were eligible to vote, and they had to be residents of the district, but they did N…
Could the York County Commissioners refuse to fill a clerical position the Budget Committee had funded for the District Attorney's office?
The Maine AG concluded that York County Commissioners could not refuse to fill a position funded by the York County Budget Committee. Section 501(1) gives commissioners authority over hiring by county…
Is it an illegal secret meeting under Delaware's FOIA if just two of seven town council members show up at a private citizens' group meeting?
No, under the law as it stood in 2006. The AG found that two of Smyrna's seven town council members attending an evening gathering of a citizens' group pushing for a town charter recall provision did …
Can absentee ballots be used in a New York election on whether to incorporate a new village?
No. Article 2 of the New York Village Law does not authorize absentee ballots in an election held to decide whether to incorporate a new village. The general references in article 2 to the Election La…
Did the Committee Amendment to LD 1481 fix the constitutional problem identified in the Maine AG's June 10, 2005 opinion?
Yes. The Maine AG concluded the proposed Committee Amendment to LD 1481 cured the constitutional issue identified in the office's June 10, 2005 opinion. By imposing the retroactivity restriction direc…
Does the Banking Law § 374(3) grandfather clause let a bank that already ran electronic check-cashing machines open new staffed check-cashing locations within 3/10 of a mile of a licensed check casher?
No. The grandfather clause in Banking Law § 374(3) for banks that were in the electronic check-cashing business when the statute took effect exempts only additional electronic check-cashing machines o…
What did Idaho's AG say about a 2006 ballot initiative to expand the Idaho Open Meeting Law and increase the fines for violations?
The AG flagged that the initiative used informal language instead of strikethroughs and underscores, cited the wrong subsection for the penalty (§ 67-2347(1) instead of (2)), and proposed minimum fine…
Can a Maryland city charge property owners and businesses a 'street utility fee' based on how much traffic they generate, to pay for street maintenance, without getting the state legislature's permission first?
No, not without state authorization. The opinion concluded a municipal 'street utility fee,' based on projected traffic generated by a property's use rather than actual consumption of a service or pro…
Can a Texas city police chief also serve on the school board of a district inside the city, or is that an incompatible dual office?
Senator Robert Duncan asked whether the Hale Center chief of police could also serve as a trustee of the Hale Center school district, whose boundaries overlap the city. The Attorney General said yes. …
Do you have to own property to serve on a Texas water district board, or is living in the district enough?
The president of the Bandera County River Authority and Groundwater District asked what it takes to serve as a director: must a candidate live in the district (and the single-member precinct) and own …
Can a professional engineer in Texas design an entire public building without hiring a licensed architect?
Two questions came in: a House committee chair asked broadly whether a professional engineer can prepare all the plans for the public buildings listed in Occupations Code section 1051.703 without an a…
If a Delaware town redacts parts of its executive session meeting minutes, who has to prove the redaction was justified?
The town does, according to this opinion. The AG upheld redactions for still-pending land purchases, litigation, and personnel matters, but ordered disclosure of portions covering routine police admin…
What did Idaho's AG say about the Idaho Education Association's 2006 initiative to raise the sales tax to 6% and dedicate the proceeds to K-12 public schools?
The AG flagged inconsistencies in the proposal's text (multiple definitions of permitted uses), the lack of a self-executing appropriation under Art. 7 § 13, ambiguous language on charter schools and …
If a Delaware board privately discusses and decides an appeal without a valid reason for executive session, does that automatically undo its decision?
Not necessarily, according to this opinion. The AG found the board violated FOIA's open meeting law by deliberating in private without any of the law's nine authorized reasons, but declined to order a…
Did Maine's constitutional 50% property-tax-loss reimbursement requirement apply to personal property tax revenues, and would it apply if the Legislature repealed the personal property tax entirely?
The Maine AG concluded that Article IV, Part 3, § 23's 50% municipal-reimbursement requirement most likely applies to both real and personal property taxes. But a complete legislative repeal of the pe…
Can a Texas deputy sheriff also work as a septic-system installer in his own county?
A Kimble County deputy sheriff had been cited by the Texas Commission on Environmental Quality for working as an on-site sewage facility (septic system) installer in the same county, where the county …
Can a Texas justice of the peace hold up organ donation until deciding whether to order an autopsy?
When someone dies under circumstances requiring an inquest and the family consents to organ donation, Health and Safety Code section 693.002(a)(5) does not let the justice of the peace simply stall. I…
Can a Texas county hire a bank to manage its permanent school fund?
Chambers County asked whether it could contract with a bank to invest and manage its county permanent school fund, the fund built from public school lands the Republic of Texas granted to counties beg…
Can Texas send part of a divorce filing fee to a child-abuse prevention fund instead of the courts?
After the Legislature doubled the family protection fee (collected when a divorce is filed) to as much as $30 and sent half of it to the state child abuse and neglect prevention trust fund account, th…
Can a Texas legislator also be paid as president of a municipal management district?
The House Civil Practices Committee chair asked whether the paid president of a municipal management district (created under Local Government Code chapter 375) could also sit in the Texas Legislature.…
Is a charity poker run illegal gambling in Texas?
The Galveston County Criminal District Attorney asked whether a nonprofit could legally sponsor a 'poker run,' where participants make a $10 donation to a cause, ride or drive to a series of check-in …
Can Texas legalize importing prescription drugs from Canada?
In 2005 the Texas Legislature passed Senate Bill 410, which tried to let Texans buy lower-priced prescription drugs from Canada by having the State Board of Pharmacy inspect, designate, and promote a …
Which misdemeanor offenses enacted by the Georgia legislature in 2004 require fingerprinting at booking and which don't?
The AG designated 12 of the 13 reviewed offenses as fingerprintable: prohibited farmers' market acts, simple assault and simple battery on public school employees, third-degree cruelty to children, fi…
When the Georgia legislature adds a new misdemeanor offense, how do police know whether to take fingerprints from someone arrested for it, and which 2003 misdemeanors did the AG designate as fingerprintable?
Georgia law (O.C.G.A. § 35-3-33(a)(1)(A)(v)) gives the Attorney General authority to designate any offense as fingerprintable beyond the offenses already required by statute. For the 2003 legislative …
Can a Texas commissioners court pay a vendor on a claim the county auditor rejected?
The Harris County Attorney asked whether a commissioners court could pay a vendor the reasonable value (quantum meruit) of goods or services the county received under an implied contract, when the cou…
Were Maryland retiree health benefits vested like pensions, and did GASB 45 change the State's legal duties?
In 2005, the Attorney General concluded that Maryland law required health benefits and subsidies for certain retirees but did not make them vested contractual rights like pensions, so the General Asse…
Does the practical part of the Texas hearing aid fitter licensing exam have to be validated by an independent testing professional?
The chair of the Texas House Committee on Human Services asked whether section 402.104(c) of the Occupations Code, which says 'the examination must be validated by an independent testing professional,…
Can a Texas county post signs in its jail telling inmates about personal bonds and cash bail bonds without violating the bail bond surety law?
The Tarrant County Criminal District Attorney asked several questions about jailhouse signs explaining pretrial release options. The Attorney General concluded that chapter 1704 of the Occupations Cod…
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