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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Are civilian paramedics considered firefighters for pension and Social Security purposes in Maryland?
In a 1989 opinion, Maryland's Attorney General concluded that a civilian paramedic in the Baltimore City Fire Department did not hold a 'fireman's position' under the federal Social Security exclusion…
Can the Maine Legislature impose new education requirements on local school districts without paying for them, and can it hand that authority off to the state education department?
Yes to both. AG Tierney concluded the Maine Constitution gives the Legislature broad power to legislate (including on education), and Art. VIII, Pt. 1, § 1 actually requires towns to fund schools 'at …
Can a corporation owned by non-doctors get a Texas permit to dispense methadone or other synthetic narcotics if it hires physicians?
No. In this 1989 opinion the Attorney General concluded that the Texas Department of Health could not issue a permit to prescribe and administer synthetic narcotic drugs to drug-dependent persons, und…
Who pays for a sexual assault victim's forensic medical exam in Texas, and can the victim be billed?
The law enforcement agency that requested the exam pays, and the victim is never on the hook. In this 1989 opinion the Attorney General read article 4447m to require that any investigating law enforce…
Did the State of Idaho itself have to pay the new monthly 911 telephone-line charge that counties used to fund emergency communications systems?
The 1989 AG opinion concluded the State did not have to pay. The Emergency Communications Act 'line user fee' was actually a tax, not a fee, and likely a tax in lieu of property tax that Idaho Const. …
If a Maryland review commission takes too long to act on a local government's Chesapeake Bay protection plan, does the plan get approved automatically?
In a 1989 opinion, Maryland's Attorney General concluded that once the Chesapeake Bay Critical Area Commission determined Somerset County's local program submission was complete, the statutory 90-day …
If the State of North Carolina decides not to provide for a state employee's defense in a civil or criminal case under G.S. § 143-300.3 or § 143-300.4, can the State still pay the final judgment against the employee under G.S. § 143-300.6 when the case is over?
No. The 1989 AG concluded that G.S. § 143-300.6(a) authorizes payment of final judgments only in 'actions or suits to which this Article applies,' which the AG read to mean actions where the State agr…
Can Texas regulate bingo run by an Indian tribe on tribal land under the state Bingo Enabling Act?
No. In this 1989 opinion the Attorney General concluded that the 1988 federal Indian Gaming Regulatory Act put class II gaming, which includes bingo, on Indian lands under tribal and federal (not stat…
When a Texas water control district dissolves, can the county take over its dams and keep the leftover tax money?
Yes, by contract. In this 1989 opinion the Attorney General concluded that Brazos County could contract with a water control and improvement district that was dissolving to continue carrying out the d…
Does a Texas city have to take competitive bids to hire a third party administrator for its insurance plan?
It depends on what the administrator actually does. In this 1989 opinion the Attorney General concluded that whether a third party administrator's (TPA's) services are exempt 'professional services' u…
Did the Supreme Court's Davis v. Michigan ruling make Maryland's tax break for volunteer firefighters unconstitutional?
In a 1989 opinion, Maryland's Attorney General concluded that the state's income tax exemption for length-of-service award payments to volunteer fire, rescue, and ambulance personnel, then codified at…
When can a Texas city council hold a two-hour-notice emergency meeting instead of giving the full 72 hours?
Only for a real, stated emergency, which this was not. In this 1989 opinion the Attorney General concluded that the Alvin City Council's emergency meeting (posted with only two hours' notice) to discu…
Can a Montgomery County Council member resign and later be appointed to the county Planning Board, if the two jobs are otherwise incompatible?
In a 1989 opinion, Maryland's Attorney General concluded that a Montgomery County Council member could not serve simultaneously on the County Council and the County Planning Board, since the two offic…
South Dakota's 1988 Legislature repealed SDCL 10-10A, removing the separate assessment for severed mineral interests, so surface owners are now assessed on the full value. The 1989 tax freeze (Senate Bill 121) capped 1989-payable taxes at the 1988 levy. Does assessing surface owners on full value violate the freeze, or does it qualify as the Section 4 'change of use' exception?
Neither. The full-value assessment of surface owners does not violate the freeze because the freeze caps dollars of tax, not assessed value; the surface owner cannot be taxed at more than the 1988 dol…
Can Texas restrict justice-court venue in larger counties and penalize a justice of the peace for trying an out-of-precinct case?
Probably yes. The Attorney General found a rational basis for the population-based venue rule and its penalty, but said a justice does not violate the rule merely by accepting a case at filing; the vi…
Does a Texas state agency have to pay a city's sewer 'capital recovery fee,' or is state property exempt as public property?
The state agency has to pay. In this 1989 opinion the Attorney General concluded that the city of Houston could assess a capital recovery fee against Texas A&M University for using the city's waste wa…
Can a county attorney or the commissioners court move 'hot check' fee money over to the district attorney's office?
No. In this 1989 opinion the Attorney General concluded that money in a county attorney's 'hot check' fund (the fees collected under article 102.007 of the Code of Criminal Procedure) can be spent onl…
Can a county's bank depository pledge Fannie Mae mortgage pass-through certificates as collateral for county deposits?
Yes. In this 1989 opinion the Attorney General concluded that Fannie Mae Guaranteed Mortgage Pass-Through Certificates may be pledged by Dallas County's bank depository as security for county fund dep…
Can an out-of-state trust company get Texas customers by having a related brokerage firm's agents hand out its account forms?
No, not through that kind of setup. In this 1989 opinion the Attorney General concluded that an out-of-state (Missouri) trust company would violate article 105A(c) of the Texas Probate Code if it supp…
Can a Texas state agency refuse to sign service contracts with its own former employees or their spouses?
Yes, within reason. In this 1989 opinion the Attorney General concluded that the Texas Department of Mental Health and Mental Retardation could adopt reasonable rules prohibiting its facilities from e…
Can a Texas agency advance 'start-up costs' to a private company hired to provide public services?
Yes, with strings attached. In this 1989 opinion the Attorney General concluded that the Texas Department of Mental Health and Mental Retardation and local community centers could pay start-up costs t…
May a North Carolina state-chartered credit union match what the National Credit Union Administration now allows federally-chartered credit unions to do, and provide a faithful-performance bond covering only the chief executive officer instead of every officer, employee, and agent?
No. The 1989 AG concluded that G.S. § 54-109.11(5) and § 54-109.44(2) made a blanket surety bond covering every credit union official, committee member, and employee mandatory, without regard to wheth…
Can a church claim a Maine property tax exemption for the remote mountain site where it keeps its radio station antenna, on the theory that the broadcast is an extension of its ministry?
No. Assistant AG Diane E. Doyen concluded that 36 M.R.S.A. § 652(1)(G) exempts only houses of religious worship (church edifices and parsonages), not radio transmitter sites. Maine and parallel Massac…
Does an abstract of judgment used to create a Texas property lien need the court clerk's attestation under section 12.013?
No. In this 1989 opinion the Attorney General concluded that the attestation requirement of section 12.013 of the Property Code (that a judgment be attested under the signature and seal of the court c…
When the Maine Governor fills a vacancy in a county Register of Deeds office by appointment, does the appointee have to be from the same political party as the vacating officer?
No. AG Tierney concluded 33 M.R.S.A. § 601, which governs Register of Deeds vacancies, is silent on political party. The Governor may appoint a person of any political party. In contrast, the County C…
In Texas, is a judge or a justice of the peace a 'peace officer,' and can a judge carry a handgun on that basis?
No. In this 1989 opinion the Attorney General concluded that a Texas judge or magistrate (including a justice of the peace) is not a 'peace officer' under Chapter 415 of the Government Code, the Code …
Can a Texas county buy road materials from a single 'sole source' supplier without competitive bids under the court/engineer road system?
No. In this 1989 opinion the Attorney General concluded that under the court/engineer road system (article 6702-1, section 3.211), a county road-material purchase over $5,000 must be made on competiti…
Can a Maryland city fund a special taxing district with a tax based on construction costs?
In a 1989 opinion, Maryland's Attorney General concluded that the City of Frederick had authority under state law to create a special taxing district to fund storm drains, parking, and lighting around…
If a Maryland town creates a historic district, can the town council itself act as the historic district commission?
In a 1989 opinion, Maryland's Attorney General concluded that a town creating a historic district under the Historic Area Zoning Act had to establish a separate historic district commission, made up o…
Can a Maryland county's budget office block a State's Attorney from spending on out-of-state staff training?
In a 1989 opinion, Maryland's Attorney General concluded that a State's Attorney's office is generally subject to its county's budget and fiscal policies, including decisions about how or where to spe…
Can a Texas county use the interest earned on its bond money to add to the principal and pay for more construction on the same project?
Yes, in most cases. In this 1989 opinion the Attorney General concluded that under the common-law rule, interest earned on invested bond proceeds is an accretion that becomes part of the principal fun…
When someone opens a bank account in a fake name and uses it to write worthless checks against the bank, does the bank become enough of a 'victim' that police can bypass the Financial Privacy Act's notice and subpoena rules to get at the records?
No. The 1989 AG concluded that the person who actually opened the account and transacted business with the bank is a 'customer' under N.C.G.S. § 53B-2(1) even if the name on the account was fictitious…
Could Maryland give owner-occupied homes a property tax break without violating the Constitution's equal protection guarantee?
In a 1989 opinion, Maryland's Attorney General concluded that a proposed constitutional amendment authorizing property tax credits limited to owner-occupied residential property would not violate the …
Can a Texas county, city, or school district hire a private company to handle all of its property tax assessment and collection?
No, not all of it. In this 1989 opinion the Attorney General concluded that the Property Tax Code requires a natural person to serve as tax assessor-collector for the taxing units subject to it, so a …
In Texas, can a county commissioners court create a single-county underground water conservation district, or only the state water agency?
Only the state agency. In this 1989 opinion the Attorney General concluded that the Texas Water Commission is the only governmental body with jurisdiction to create an underground water conservation d…
Can one person in Texas hold multiple bail bond licenses by running several bail bond companies under different names?
No. In this 1989 opinion the Attorney General concluded that article 2372p-3 (the bail bond act) does not authorize a county bail bond board to grant more than one bail bond license to any person. Onl…
Can a Texas county levy a special tax dedicated to funding its county historical commission?
No, not a dedicated tax. In this 1989 opinion the Attorney General concluded that, without specific statutory authority, a county commissioners court cannot levy a special tax whose revenues are dedic…
Can a Texas county deny indigent health care to someone who does not have a Social Security number?
No. In this 1989 opinion the Attorney General concluded that a county may not deny assistance under the Indigent Health Care and Treatment Act just because an applicant does not have a social security…
Does a Texas county employee who calculates the county tax rate have to be certified as a tax professional?
It depends. In this 1989 opinion the Attorney General concluded that computing a county's effective tax rate under section 26.04 of the Tax Code is an 'assessment' function under the Property Taxation…
Can a Texas county pay its commissioners different salaries, and can a commissioner give part of his salary back to the county?
In this 1989 opinion the Attorney General concluded that a commissioners court may pay commissioners of different precincts different salaries if unusual circumstances reasonably require it and each s…
Does the Baxter State Park Authority have to get the Maine Bureau of Purchases to sign off before buying equipment or hiring contractors for the park?
No. The AG memo concluded the Park Authority is an independent trust authority, not a state department or agency, so the central purchasing approval rule in 5 M.R.S.A. § 1816 does not reach it. The Pa…
Did the Supreme Court's Croson decision strike down Maryland's minority business set-aside program for state contracts too?
In a 1989 opinion, Maryland's Attorney General concluded that the state's Minority Business Enterprise contracting program remained constitutional after the U.S. Supreme Court's Croson decision, becau…
Can the Texas Legislature use a budget rider to move a state agency's duties to another agency, and can that agency's staff work without pay?
In this 1989 opinion the Attorney General concluded that a rider in the General Appropriations Act cannot transfer the functions of the State Rural Medical Education Board (a board created by the Texa…
Could Maryland hold parole and prison grievance hearings over closed-circuit TV instead of in person?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Parole Commission and the Inmate Grievance Commission could lawfully hold hearings by closed-circuit television ('video-confe…
Can Texas require a chiropractor to have practiced for a minimum amount of time in another state before granting a reciprocity license?
In this 1989 opinion the Attorney General concluded that the Texas Board of Chiropractic Examiners has no authority to adopt a rule requiring a minimum amount of prior practice in another state as a c…
Who has to approve a Maryland state agency's sole source contract for an expert witness in litigation, the budget agency or the Attorney General?
In a 1989 opinion, Maryland's Attorney General concluded that a sole source contract for an expert witness or other litigation consultant, entered into under SF §13-107(b) because the matter involves …
Does Texas sales tax apply to independent insurance claims investigation and adjustment services, and does it matter who hires the firm?
In this 1989 opinion the Attorney General concluded that independent insurance claims investigation and adjustment services are taxable 'insurance services' under section 151.0039 of the Tax Code. The…
Can Texas have the county or district attorney, or an outside lawyer, instead of the tax assessor-collector, handle lawsuits to collect delinquent property taxes?
In this 1989 opinion the Attorney General concluded that section 6.30 of the Tax Code does not violate article VIII, section 14 of the Texas Constitution. That section lets the county or district atto…
Can the DC Council pass a law setting term limits on the DC Mayor by ordinary legislation, or does it require a Charter amendment?
It requires a Charter amendment. DC's Charter (Title IV of the Self-Government Act) sets the qualifications for Mayor: registered voter, one year DC resident, and no other paid employment or public of…
Who can sign a protest against a proposed zoning change in Texas, and does their property have to touch the rezoned area?
In this 1989 opinion the Attorney General concluded that under section 211.006(d) of the Local Government Code, any owner of property within 200 feet of the area covered by a proposed zoning change ca…
Are unpaid special-education student workers covered by Maryland's Workers' Compensation Act?
In a 1989 opinion, Maryland's Attorney General concluded that handicapped students placed with private employers in unpaid work positions, as part of their special-education program, were not 'employe…
Are a Texas governor's office records public records, and can a governor take them when leaving office?
In this 1989 opinion the Attorney General concluded that records the governor's office creates or receives in carrying out its statutory duties are 'public records' under the Government Code and the O…
Does SDCL 23A-40-7 allow the Davison County Board of Commissioners to issue a bid for a professional services contract under which a single attorney or law firm would handle the bulk of indigent defense representation in the county, rather than (a) creating a public defender's office or (b) using case-by-case court appointments at hourly rates?
Yes, with caveats. AG Tellinghuisen ruled that SDCL 23A-40-7's three statutory methods (public defender office, court-appointment plan, or combination) accommodate a bid-based professional services co…
Can a Texas county bail bond board stop bail bond companies from hiring people with felony convictions?
In this 1989 opinion the Attorney General concluded that a county bail bond board cannot prohibit a licensed bail bondsman from employing people (who are not authorized to execute bonds) just because …
Can the same person serve as both Supervisor of the Group Life Insurance Division of the Maine State Retirement System and as an elected employee Trustee of the Maine State Retirement System?
No. AG Tierney concluded the two offices were incompatible at common law. The Supervisor reported to the Executive Director who serves at the pleasure of the Board, so the Supervisor would be both the…
When a Texas city withdrew from a metropolitan transit authority, did its share of the authority's unencumbered liquid assets reduce what it still owed?
Yes. The Attorney General concluded that Westlake Hills was entitled to a proportional credit for specified unencumbered liquid assets against taxes later collected for Capital Metro. The city neverth…
Which version of Maine's Site Location Law definition of 'subdivision' should the Department of Environmental Protection use when the supplement prints two competing texts?
Use the version on page 242 of the 1988 Supplementary Pamphlet, the one enacted by P.L. 1987, c. 812, § 7. The earlier P.L. 1987, c. 737 amendment, which only updated a cross-reference to the recodifi…
Can a Texas commissioners court put a lower tax cap than the state maximum on the ballot for an emergency services district?
In this 1989 opinion the Attorney General concluded that a commissioners court cannot ask voters to approve an emergency services district with a maximum tax rate lower than the statutory 10 cents per…
When does an Idaho state public-works project require competitive bidding through the Division of Public Works, and can the state do the work in-house instead?
The 1989 AG opinion concluded the Division of Public Works had jurisdiction over construction, alteration, equipping, or repair projects costing more than $5,000, and competitive bidding under Idaho C…
Could the University of Maryland discipline a student for something that happened off campus, like a fraternity house incident?
In a 1989 opinion, Maryland's Attorney General concluded that a public university like the University of Maryland College Park could discipline a student for off-campus misconduct detrimental to the i…
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