State AG Opinions
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Can Texas pay Board for Evaluation of Interpreters members to evaluate interpreter candidates?
The Attorney General concluded no. The Board for Evaluation of Interpreters (BEI) has a statutory responsibility under Human Resources Code section 81.007 to evaluate and certify candidates for interp…
How do two Texas counties divide the taxable value of an oil and gas interest that crosses their shared boundary?
The Attorney General concluded that when a mineral interest is tied to surface land that crosses a county line, each county must separately appraise the market value of the interest only as it pertain…
Can the Texas Ethics Commission give out campaign finance reports on CD before all candidates have filed?
The Attorney General concluded that Election Code section 254.0401(b) keeps the Texas Ethics Commission from posting an electronically filed campaign finance report on the Internet until every candida…
What must a Texas hospital district charge nonindigent residents for medical care, and can it pay a private hospital to provide it?
The Attorney General concluded that a 2001 amendment to the Garza County Hospital District's enabling act now requires it to charge nonindigent residents the 'reasonable and customary cost' of medical…
Can a Delaware city refuse to release the names and home addresses of its retired employees?
Yes, according to this opinion. The AG found the City of Dover could lawfully withhold the names and addresses of retired city employees under FOIA's privacy protections, following federal case law th…
When a North Carolina ferry company has docks in two towns but its principal business in just one, which town can tax the ferry boats?
The town where the company has its principal place of business. Bald Head Island Transportation, Inc.'s ferries were taxable on Bald Head Island, not in Southport, even though the ferries docked in So…
When a North Carolina state agency reduces its workforce, who decides whether an affected employee gets discontinued service retirement (DSR) or severance pay: the State Budget Officer or the agency head?
Both have to approve DSR. The State Budget Officer chooses between DSR and severance wages and must consider (but is not bound by) the agency head's recommendation and the State Personnel Director's r…
Can a Texas county commissioner be reimbursed for using his personal vehicle on official county business?
The Attorney General concluded yes. Under Local Government Code section 152.011, the commissioners court sets compensation and travel expenses for county and precinct officers, including the commissio…
Can a Texas county reimburse a city for the cost of gifts the city already gave to legislators?
The Attorney General concluded no. The City of Gilmer bought golf towels inscribed with its logo and gave them to legislators during Upshur County Day, then asked Upshur County to pay back half the co…
Can the Texas A&M University System offer employees a nonqualified 457(f) deferred compensation plan involving a transfer of property?
The Attorney General concluded yes. Article 6228a-5, section 3(a) of the Texas Revised Civil Statutes lets a state agency, a term broad enough to include the Texas A&M University System, allow some or…
Can a Texas state representative also work as an assistant county attorney?
The Attorney General concluded no. Article XVI, section 40 of the Texas Constitution bars a member of the Legislature from holding any other office or position of profit under the state. An assistant …
Can the Texas Commission on Jail Standards review a jail's construction blueprints before it is built?
The Attorney General concluded yes. The Commission's duty to inspect a facility and decide where fire sprinkler heads should not be placed includes examining blueprints for a structure not yet built, …
When the Georgia State Board of Education grants a state charter under the 2000 Charter Schools Act amendment over a local school board's refusal, do the same funding and oversight rules that apply to locally approved charter schools apply to the state charter school?
Yes. The Georgia AG concluded that state charter schools authorized under O.C.G.A. § 20-2-2064(d) are governed by the same provisions as locally approved charter schools, including local-board control…
Can constitutionally elected statewide officers (like the Secretary of State or Commissioner of Labor) bypass the Georgia Technology Authority on technology purchases over $100,000, since the GTA statute exempts their offices from GTA technology policy?
No. The Georgia AG concluded that agencies under the control of constitutional officers can set their own technology policy but must still contract through the Georgia Technology Authority for any tec…
Do a Delaware county administrator's private budget meetings with department heads have to be open to the public?
No, according to this opinion. The AG found a county administrator is a 'body of one' exempt from FOIA's open meeting rules, so meeting privately with department heads to gather facts for a budget pro…
Under the 2001 North Carolina law authorizing private correctional officers to use force and make arrests, what training do their employers need, how much insurance must they carry, and what powers do these officers actually have?
Private correctional services providers must adopt the same minimum pre-employment and training standards used for State correctional officers (whether from DOC, CJETSC, or State Personnel Commission)…
Can a Texas county bail bond board let an alternate sit in for the licensed bail bond surety member?
The Attorney General concluded no. Chapter 1704 of the Occupations Code lets several county bail bond board members send a designee, but not the licensed bail bond surety member elected by the other s…
When a Texas county employee donates sick leave to a county pool, does its dollar value move with it?
The Attorney General concluded that under chapter 157, subchapter E of the Local Government Code, a value transfers along with sick-leave time as it moves from a contributing employee into the pool an…
Can a Texas state university bank with a bank where one of its regents is an officer?
The Attorney General concluded no. Under the common-law conflict of interest rule, an officer or employee of a bank has a pecuniary interest in it, and when a regent of Texas Woman's University holds …
If land is sold mid-project, do the development rules locked in at the first permit still apply?
The Attorney General concluded yes. Under section 245.002 of the Local Government Code, the development regulations in effect when the original application for the first permit was filed stay with the…
Can a Texas property owner see the data a private firm used to appraise their property for taxes?
The Attorney General concluded yes, and the access is broad. Under section 25.195(a) of the Tax Code, an owner may inspect appraisal information held by the appraisal district, though that access can …
Can Texas let alcohol sellers scan a driver's license stripe to check age without breaking federal privacy law?
The Attorney General concluded that House Bill 3016, which lets private parties read the magnetic stripe on a driver's license to prevent underage alcohol sales and to comply with Alcoholic Beverage C…
If a Minnesota county rejected the State Building Code in a 1979 referendum, can the county now adopt the Code by ordinance without going back to the voters?
Yes. The AG concluded that after 1994 and 1998 amendments to Minn. Stat. § 16B.72, the statute permits a 'municipality' (a defined term that includes counties) that does not currently have the Code in…
Did Vermont's banking commissioner have authority to issue rules requiring opt-in consent before banks, insurers, and securities firms shared customer financial or health information, and could she go beyond Gramm-Leach-Bliley's federal opt-out floor?
Yes on both counts. The commissioner's general rulemaking authority under 8 V.S.A. §§ 10 and 15(a), plus specific grants in Title 8 and the Securities Act, supported all three rules. GLB § 507 express…
Can the public see a provisional autopsy report held by a Texas justice of the peace?
The Attorney General concluded yes, but not through the Public Information Act. Records of the judiciary, including a justice of the peace's inquest files, fall outside chapter 552. A provisional auto…
When the North Carolina Utilities Commission orders a public utility to pay for an audit of itself, does the Commission have to follow the state's purchasing and consultant-contract procedures to pick the auditor?
No. When the Commission acts in its quasi-judicial capacity by issuing an order under N.C.G.S. § 62-37(b) requiring an auditor at the utility's expense, no state funds are spent and the utility pays t…
If a young pregnant girl in North Carolina got a marriage license before the October 1, 2001 age-raise but tried to use it after that date, was her marriage valid?
If the parties solemnized the marriage on or after October 1, 2001, the new age rules in N.C.G.S. § 51-2 (as amended by Session Law 2001-62) applied, even if the license was issued before that date. T…
When the North Carolina Insurance Commissioner retains experts at an insurance acquirer's expense to review a proposed acquisition of control, does the state's consultant contracting law apply?
Yes. Article 3C of Chapter 143 (state consultant services) applies to contracts the Insurance Commissioner makes under N.C.G.S. § 58-19-15(f) to retain attorneys, actuaries, economists, accountants, o…
Can a Texas veterinarian keep my pet until I pay the bill?
The Attorney General concluded a veterinarian generally cannot. A vet may have an equitable lien on an animal for the care provided, but that lien is not possessory, so the vet must return the animal …
Can a Texas city pay its fire department for emergency first-responder care inside a hospital district?
The Attorney General concluded yes. Article IX, section 9 of the Texas Constitution does not give a hospital district exclusive authority over emergency medical or First Responder services, and althou…
Does a Texas water district's payment to a city for utilities count taxes paid by businesses, not just households?
The Attorney General concluded that while a restaurant is not a 'household user' of water and sewer service, its owner may still be an 'owner of taxable property' under section 43.0761 of the Local Go…
Can the Texas Railroad Commission adopt its own rule requiring commissioners to recuse themselves in contested cases?
The Attorney General concluded the Railroad Commission could not adopt Rule 1.10, which the opinion read as mandatory rather than voluntary. The part requiring a commissioner who declined to recuse to…
Can North Carolina charter schools use the state's Private Capital Facilities Finance Act to raise capital for school buildings?
Yes. Charter schools are eligible to participate in Article 2 of Chapter 159D, the Private Capital Facilities Finance Act. The Act applies to 'institutions for elementary and secondary education,' def…
Does a church that sells prepaid funeral or burial services need a permit from the Texas Department of Banking?
The Attorney General concluded a court would probably find chapter 154 of the Finance Code applies to the Archdiocese of San Antonio's sale of prepaid funeral benefits, because the Legislature repeale…
Can the Texas Department of Public Safety require licensing for off-road dirt bike rider training courses?
The Attorney General concluded the Department of Public Safety could not regulate off-road dirt-bike training courses. Its motorcycle operator training program under chapter 662 of the Transportation …
Does renting out part of your Texas home cost you the homestead property-tax exemption on that part?
The Attorney General read section 11.13 of the Tax Code to mean that renting part of your home to someone else is a use 'incompatible' with your residential use, so that rented portion loses the homes…
Can a non-dentist company own a dental practice or employ dentists in Oregon, or is dental practice ownership reserved for licensed dentists?
The AG concluded that only licensed dentists could engage in clinical practice, own and operate a dental office, or employ other dentists, with three narrow exceptions: labor-organization dental clini…
Does a Texas county have to provide health insurance to an elected constable?
The Attorney General concluded that a county may provide health insurance to a constable but is not required to. The commissioners court has discretion to set reasonable eligibility rules, such as cov…
Can a Texas constable skip serving process because he has to attend every justice court session?
The Attorney General concluded that the two duties in section 86.021 of the Local Government Code, attending every session of the justice court and serving process, are independent and both must be pe…
Can a Texas nursing home donate unused prescription drugs to foreign countries instead of destroying them?
The Attorney General concluded that federal law does not bar Texas from letting nursing homes ship certain unused prescription drugs overseas, and does not preempt the state statute requiring rules fo…
Can a county health-benefits board meet in closed session to hear a complaint about its outside claims administrator?
The Attorney General concluded that the Open Meetings Act does not let the board meet in executive session to consider a complaint against its third party administrator. The Act's closed-session 'pers…
If a Georgia franchised new-car dealer (say, a Lincoln-Mercury franchise) sets up a temporary location in another county to sell only used cars, does it need a used-car dealer license from the Used Motor Vehicle Dealers Board?
Yes. The Georgia AG concluded that a franchised motor vehicle dealer engaged exclusively in selling used motor vehicles at a temporary location outside the county where its franchise is located does n…
What can a 9-1-1 emergency communication district in Texas legally spend its money on?
The Attorney General concluded that an emergency communication district can spend money on things beyond the specific items the statute lists as allowable operating expenses, because the law says allo…
Do you need a Social Security number to get a Texas driver's license?
The Attorney General concluded that the Department of Public Safety must require every driver's license applicant who has a Social Security number to provide it, because federal law and the Texas Fami…
Is the Texas Railroad Commission required to run a program to keep electricity fuel costs low?
The Attorney General concluded that section 39.9048 of the Utilities Code does not require the Railroad Commission to start a program to keep the cost of fuel used to generate electricity low. That se…
Can a Texas hospital district appoint its own board members to the board of an HMO it created?
The Attorney General concluded that a hospital district's board of managers could appoint its own members to the board of a health maintenance organization the district had created. The dual-office ba…
After the U.S. Supreme Court took federal jurisdiction off isolated North Carolina wetlands, can the state's Environmental Management Commission step in with its own permit rules, and can it do so on an emergency temporary-rule basis?
Yes to both. The NC AG concluded in 2001 that the Environmental Management Commission has statutory authority under N.C. Gen. Stat. § 143-215.1 and § 143B-282 to require permits for activities impacti…
How is a fresh water supply district created in Texas, and who can call the election?
The opinion was prompted by doubts about whether the Kaufman County Fresh Water Supply District No. 1 was validly created, but the Attorney General declined to decide that, both because it would requi…
When can a Texas district clerk give the jury list to the lawyers before trial?
The Attorney General concluded that in both civil and criminal trials the jury list must be given to both parties once they have announced ready for trial, the point Rule 224 and article 35.01 fix. Be…
Does a newly incorporated North Carolina town have to actually deliver four municipal services to qualify for Powell Bill street-aid money, or is budgeting for them enough?
Budgeting is enough. The NC AG concluded in 2001 that N.C. Gen. Stat. § 136-41.2(c) requires only that 'funds have been appropriated' for at least four of eight designated services, not that services …
Can the Georgia Board of Technical and Adult Education on its own extend to all department employees the same benefit options that transferred local-board employees kept under O.C.G.A. § 20-4-29?
No. The Georgia AG concluded that without approval from the Employee Benefit Plan Council, the Board of Technical and Adult Education cannot extend to all departmental employees the benefit options pr…
When a North Carolina insurance corporation files a conversion plan, can the Commissioner of Insurance hire outside experts to review it without going through the state's normal consultant-contract approval process?
Yes. Section 58-65-131(e) of the NC General Statutes specifically exempts the personal professional service contracts the Commissioner uses to review insurance corporation conversion plans from Articl…
Does the North Carolina State Health Plan have to get the Governor's written approval before hiring outside consultants to help negotiate its preferred provider networks?
No, not when the consultant is helping with preferred provider work. The NC AG concluded in 2001 that N.C. Gen. Stat. § 135-40.4(a) exempts the Teachers' and State Employees' Comprehensive Major Medic…
Could Idaho voters tighten state term limits through a 2002 ballot initiative without rerunning into the same constitutional problems that had hit the 1994 term-limits law?
The proposed amendments to Idaho Code 34-907 raised no new constitutional concerns beyond the existing law, but a 2000 district court ruling (Rudeen v. Cenarrusa) had invalidated the county-level port…
Can a North Carolina district bar use mandatory dues from every attorney in the district to pay for a counseling program that also helps attorneys' family members?
Only in a limited form. The NC AG concluded in 2001 that a district bar can lawfully fund BarCARES with mandatory dues only if the program is restricted to attorney members and is directly related to …
Does a Texas plea taken by video teleconference have to be recorded on video?
The Attorney General concluded that the 'recording of the communication' that article 27.18 of the Code of Criminal Procedure requires when a court accepts a plea or waiver by closed circuit video tel…
Can a licensed North Carolina attorney notarize a document for a client and then represent that client in a legal matter about the same document?
Yes. The NC AG concluded in 2001 that no statute prevents this practice. An older 1988 AG opinion (58 N.C.A.G. 35) had advised against it, but that opinion rested on N.C. Gen. Stat. § 47-8, which the …
If a city committee adds a known issue to its meeting agenda at the last minute, does a later public vote by the city council fix the problem?
No, according to this opinion. The Delaware AG found a city safety committee violated FOIA by adding a matter it already knew about to its agenda without proper notice, and ruled that the city council…
When North Carolina's Department of Health and Human Services and its mental health Division work alongside locally-run area mental health programs, who is the HIPAA covered entity and who is responsible for compliance with the federal medical privacy rules?
The 2001 NC AG opinion concluded that DHHS as a whole is a HIPAA 'hybrid entity' because some of its components (notably Medicaid and the state psychiatric hospitals) perform 'covered functions' under…
Could Idaho's Department of Agriculture director rely on personal experience alone when deciding there were no agricultural alternatives to crop burning, or did the decision need a written record?
The director's determination that no other agricultural alternatives to crop burning existed would be reviewed under the deferential 'arbitrary and capricious' standard of the Idaho APA. To withstand …
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