State AG Opinions
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If a Texas social worker was first licensed without an exam and let the license lapse for years, do they have to take an exam to get licensed again?
The Attorney General concluded that under the plain language of section 50.023(e) of the Human Resources Code, a person originally licensed as a social worker without an examination, whose license had…
Can a Texas home-rule city ban killing feral pigeons or outlaw organized pigeon shoots?
The Attorney General concluded that the City of Carrollton could not forbid the killing of feral pigeons, because section 64.002(b) of the Parks and Wildlife Code expressly allowed feral rock doves to…
Does the state or the county have to pay a Texas district judge's legal bills when the judge is sued?
The Attorney General concluded that neither the state nor a county was required to reimburse a state district judge for the cost of defending a mandamus action. Section 74.141 of the Government Code e…
Does a town have to disclose in its meeting agenda that it plans to discuss hiring a specific police officer applicant?
No, under the law as it stood in 1999. The AG found Bethany Beach's notice describing an executive session as covering "personnel matters relating to names, competency and abilities of individual empl…
When a Minnesota city annexes land in the Mississippi Headwaters corridor, does the city's zoning ordinance for that land need formal review and certification by the Mississippi Headwaters Board?
No. The AG concluded that the Mississippi Headwaters Board's formal review-and-certification authority under Minn. Stat. § 103F.373 reaches county zoning actions but not city zoning, so a municipality…
Can a Texas charity raffle off a house or other prize worth more than $50,000?
The Attorney General concluded that under the Charitable Raffle Enabling Act a qualified organization may raffle a prize worth more than $50,000 only if the prize was donated and the organization gave…
Does federal law override Texas's notice rules for canceling private mortgage insurance?
The Attorney General concluded that the federal Homeowners Protection Act of 1998 did not supersede the Texas notice law. Because the two notice requirements were consistent, a lender that gave borrow…
Can a Texas prosecutor waive certified-mail service of a habeas corpus application?
The Attorney General concluded that Code of Criminal Procedure article 11.07, section 3(b) requires the court clerk to serve the prosecutor with a habeas corpus application by certified mail, return r…
What investments counted as securities for the Texas Teacher Retirement System, and could outside managers choose them?
The Attorney General concluded that the investment meaning of securities in article XVI, section 67 came from chapter 8 of the Texas Business and Commerce Code, not the broader federal and state secur…
Can a New York village pave or fix potholes on a private street if the residents ask?
No. The AG concluded that spending public funds to maintain a private street is an unconstitutional gift of public funds. The village can take the street by dedication or eminent domain and then maint…
Can a New York school district adopt a code of ethics that restricts gifts to its officers and employees more strictly than General Municipal Law § 805-a's $75 cap?
Yes. Under General Municipal Law § 806, school districts can adopt a code of ethics that goes beyond § 805-a's $75 floor, including banning gifts from anyone with an official relationship to the distr…
Can a New York city set a 15 mph school-zone speed limit on a street that dead-ends next to a school but doesn't pass the school building?
No. Vehicle and Traffic Law § 1643 only authorizes a 15 mph school-zone speed limit on a highway 'passing a school building,' so a city cannot impose that limit on a street that just ends at the edge …
Does a village clerk-treasurer have a conflict of interest when his own tenant applies for federal rent assistance through a village-administered HUD program?
No, when a county agency, not the village itself, decides eligibility and pays the subsidy. The AG found no Article 18 conflict because the village clerk-treasurer had no role in selecting applicants,…
Can a New York city's uniformed court officers have peace officer status without an amendment to Criminal Procedure Law § 2.10 specifically naming them?
No, the AG concluded. CPL § 2.10 is the master list of peace officers, and the Legislature has separately added uniformed court officers of Mount Vernon, Peekskill, and Jamestown each by individual am…
Can a Texas prosecutor drop charges if the defendant donates money to charity?
The Attorney General concluded that although a prosecutor has broad discretion not to prosecute, a Texas prosecutor may not condition that decision on the offender contributing money to a government b…
Can a Texas peace officer also work as a juvenile probation officer?
The Attorney General concluded that Human Resources Code section 141.065 bars any peace officer from simultaneously serving as a juvenile probation officer. The bar turns on being an appointed peace o…
Can a Texas state agency stop employees from using vacation while on workers' comp?
The Attorney General concluded that the Department of Human Services could not deny annual leave to, or cap leave for, employees receiving workers' compensation benefits, including those on FMLA leave…
Does Texas need a constitutional amendment to issue GARVEE highway bonds?
The Attorney General advised that, given the unsettled question under article VIII, section 7-b (which dedicates federal highway reimbursements to highway purposes), the more prudent course was to ame…
Can Texas counties use state voter-registration funds for everyday registrar office costs?
The Attorney General concluded that the Secretary of State, as chief election officer overseeing chapter 19 funds, has implied authority to adopt rules on how those funds are spent, and properly used …
How do Texas school districts choose a purchasing method, and when must they competitively bid?
The Attorney General concluded that under Education Code section 44.031 a school district adopts its own rules to pick which of eight purchasing methods gives the 'best value,' and competitive bidding…
Does a town's meeting agenda have to name the specific job candidate it plans to discuss in a closed personnel session?
No, under the law as it stood in 1999. The AG found Bethany Beach's three executive sessions were all held for the authorized purpose of discussing personnel matters, and that FOIA doesn't require nam…
Can a Texas county pay to pave or fix city streets that aren't connected to a county road?
The Attorney General concluded that under Transportation Code section 251.012 a county may build, maintain, or improve a city street even if it is not an integral part of or connecting link with a cou…
Can a Texas city require homebuilders to use the city's garbage franchise to haul off construction debris?
The Attorney General concluded that a home-rule municipality may adopt an ordinance requiring residential construction contractors to use the franchisee the city selected for weekly residential and co…
Can a city withhold a police department efficiency report because officers spoke candidly during confidential interviews?
Yes, under the law as it stood in 1999. The AG found a consultant's report on the New Castle Police Department wasn't technically a "personnel file," but was still protected by the common law right of…
Can a Texas county attorney be paid for extra legal work or sign a contract with a city's municipal court?
The Attorney General concluded that a county attorney covered by the Professional Prosecutors Act cannot be paid by the county for ancillary legal services outside his statutory duties, because the Ac…
Can a Texas county judge who is also a lawyer practice law in his own county's courts?
The Attorney General concluded that Government Code section 82.064 bars a county judge who is licensed to practice law from appearing as an attorney in any county or justice court over which his court…
Does Texas prevailing-wage law apply to a project built by an economic development corporation?
The Attorney General concluded that Government Code chapter 2258, the prevailing-wage law, applies only to workers employed on a public work by or on behalf of the state or a political subdivision. Be…
How quickly must a Texas district clerk deposit court fees with the county treasurer?
The Attorney General concluded that Local Government Code section 113.022, which requires a county officer to deposit funds with the county treasurer within set deadlines, applies to court fees a dist…
Can Oregon's State Land Board revoke leasing exemptions for structures on state-owned submerged lands, and must it compensate owners?
The State Land Board could revoke leasing exemptions it had created and bring formerly exempt structures under lease. Compensation or recoupment might be required only for structures built under an ex…
When a North Carolina county becomes an 'Electing County' under the Work First welfare reform program and runs its own program, can the county still use the state hearing officers (under G.S. 108A-79) to hear appeals from people whose benefits the county denied?
No. By opting out of the Standard Work First Program, an Electing County opts out of the state appeal process under G.S. 108A-79. The county must develop and implement its own appeals process that 'su…
Can a New York local law take effect for the election held the same day the voters approve it, even though the law won't be filed with the Secretary of State until weeks later?
Yes. The AG concluded the Middletown charter amendment changing term lengths and adding term limits operated for the November 1997 election even though it was not filed with the Secretary of State unt…
Did the 1997 NC law tying teen drivers' licenses to school enrollment and progress apply to teens who already had their licenses before the law took effect?
Group A teens (license before December 1, 1997) are forever exempt. Group C teens (license after July 31, 1998) need the certificate to get and keep their license. Group B teens (license between Decem…
Must a Texas state council report all the money it received even without a legislative appropriation?
The Attorney General concluded that Human Resources Code section 122.022 requires the Texas Council on Purchasing from People with Disabilities to account each year for all funds it received and disbu…
Can a Texas deputy county clerk keep her job after moving to another county?
The Attorney General concluded that a deputy county clerk is an employee, not a public officer, so the Texas Constitution's requirement (article XVI, section 14) that district and county officers live…
Can a Texas general-law city council cancel its meetings for several months in a row?
The Attorney General concluded that no statute requires the city council of a Type A general-law city to meet every month or sets any meeting schedule (chapter 22 of the Local Government Code), and no…
How does the Texas ERS privatization retirement option add years to a worker's age and service credit?
The Attorney General concluded the Employees Retirement System was right that Government Code section 814.1041(b)'s privatization retirement option applies only to employees who are not already eligib…
Could Idaho voters change the Fish and Game Commission to elected office and limit the vote to people holding a hunting or fishing license?
The proposed initiative would have replaced the seven appointed Fish and Game commissioners with four elected ones, two from each congressional district, with voting limited to electors holding a hunt…
Did Oregon's taxation of private pension income while exempting PERS and federal pensions violate equal protection or uniformity rules?
No. Oregon's disparate tax treatment of private pension income survived constitutional challenge. There was a rational basis for taxing private pensions while compensating PERS retirees and exempting …
When a Maryland hospital closes, does the state's Hospital Bond Program cover bonds issued by the Maryland Industrial Development Financing Authority (MIDFA)?
The opinion concluded that bonds issued by the Maryland Industrial Development Financing Authority (MIDFA) on behalf of a hospital counted as covered debt under Maryland's Hospital Bond Program, so th…
Can a Texas county raise the sheriff's longevity pay and give him back pay for past years?
The Attorney General concluded that the commissioners court may, at its discretion, raise the sheriff's longevity pay going forward, because setting county officers' compensation is the court's call u…
Can a Texas municipal court hear a case for a city nuisance ordinance violation that happened outside the city limits?
The Attorney General concluded yes. When a home-rule city is authorized to adopt a nuisance ordinance reaching up to 5,000 feet beyond its limits (Local Government Code section 217.042) and has adopte…
If I post a cash bail bond for someone else in Texas, do I get the money back?
The Attorney General concluded that a third party may post a cash bail bond to get a defendant released, but for the court's purposes the cash is treated as the defendant's. The receipt is issued in t…
Can a Texas county auditor stop the commissioners court from ordering an independent audit?
The Attorney General concluded no. Under Local Government Code section 115.031(i), a commissioners court may order an independent audit of county accounts and officials, including the auditor's own of…
Did Idaho's 1994 voter-passed term limits law (Idaho Code 34-907) reach state judges, or only executive-branch officials?
No. The 1994 voter-passed term limits law restricting 'state elected officials' to eight of fifteen years was likely meant to cover only executive-branch officers, not the judiciary. The ballot title …
Can a North Carolina charter school satisfy the state's 180-day instructional requirement by running a five-month residential program with extended daily hours that adds up to 1000 instructional hours, instead of operating across the traditional nine-month school year?
No. AG Mike Easley's office concluded that G.S. § 115C-238.29F(d)(1) requires charter schools to offer instruction for at least 180 days, and the requirement cannot be satisfied by compressing those d…
Can Texas stop lawyers from mailing solicitations to people within 30 days of their arrest?
The Attorney General concluded that a court would probably hold this part of the barratry statute unconstitutional. Penal Code section 38.12(d)(2)(C) makes it a crime for an attorney to send a targete…
Are Texas's warrantless search rules for chemical precursor permits constitutional?
The Attorney General concluded that neither Health and Safety Code section 481.078(e) nor section 481.081(e) is unconstitutional on its face. Those provisions require anyone seeking a permit to transf…
Could the 1720 Club, a grandfathered DC nude-dancing nightclub at 1720 H Street NW, transfer its liquor license to a new location and continue offering nude dancing under the 1994 Act?
No. The Corporation Counsel concluded that 'establishment' in 23 DCMR § 904.6 means the licensee's specific physical location at the time the 1994 Act took effect. A grandfathered nude-dancing license…
Can Oregon make it illegal to hand out a campaign flyer or sign without putting your name on it?
The AG concluded that ORS 260.522, which prohibits most anonymous campaign signs, publications, and broadcasts, was unconstitutional under Article I, section 8, of the Oregon Constitution because anon…
Can the TNRCC require septic-system site evaluators to be certified?
The Attorney General concluded no. Chapter 366 of the Health and Safety Code, which governs on-site sewage disposal systems, expressly authorizes the Commission to regulate two occupations, 'installer…
Can a Texas sheriff refuse a bail bondsman's bond because he defaulted in another county?
The Attorney General concluded no, not unilaterally. In a county with a bail bond board governed by article 2372p-3, a sheriff must accept a bond from a bondsman who is licensed and meets the statute'…
Can a housing authority employee buy a home through the authority's affordable housing program?
The Attorney General concluded no. Section 392.043 of the Local Government Code's Housing Authorities Law bars a housing authority employee from owning or acquiring an interest in a housing project. T…
Can Texas ban hazardous waste generated in another country from coming into the state?
The Attorney General concluded no. Section 361.0235 of the Health and Safety Code banned importing hazardous waste generated in a foreign country for treatment, storage, or disposal in Texas. The opin…
When a North Carolina state commission spins off a private nonprofit corporation that takes over the same economic development work using state money, is that nonprofit subject to the Public Records Act, or does its private-corporate form let it keep records confidential?
The nonprofit is still subject to the Public Records Act. Under the Wake County Hospital System case, an entity that performs public functions with public funds under significant government oversight …
How does a New York village shrink its boundaries to give territory back to the surrounding town?
Village Law § 18-1804 is the exclusive procedure. A village can diminish its boundaries only if the excluded territory has no village street, sidewalk, electric, sewer, water, or fire-protection benef…
Can police enforce traffic laws on private streets inside a Texas city?
The Attorney General concluded no. State and municipal traffic laws in Transportation Code title 7, subtitle C apply only on publicly maintained highways and streets, not on privately owned ways. Beca…
Can a Texas for-profit corporation convert into a nonprofit corporation?
The Attorney General concluded yes. Under article 5.17 of the Business Corporation Act, a for-profit domestic corporation may convert to any 'other entity,' a term the Act defines to include a nonprof…
Can a Texas county use its courthouse security fund to buy clip-on microphones for deputies' radios?
The Attorney General concluded no. Code of Criminal Procedure article 102.017(d) lists the only items a county may pay for from its courthouse-security fund, and clip-on microphones for deputy sheriff…
Can private school students in Texas take dual-credit junior college courses for high school credit?
The Attorney General concluded that, as written, no. Education Code section 130.008 lets a public junior college offer joint high school/junior college credit courses only to a student 'attending a hi…
Can the Texas plumbing board set statewide plumbing codes, and can cities adopt their own?
The Attorney General concluded that section 5B(a) of the Texas Plumbing License Law gives the State Board of Plumbing Examiners express authority to adopt statewide plumbing codes, superseding a 1982 …
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