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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Could a Texas legislator be paid by the highway department for serving as a special commissioner in an eminent-domain case?
Yes. The Attorney General concluded that a one-case appointment as a condemnation special commissioner was neither another office or position of profit nor a prohibited state contract, although separa…
Can a Maryland Class D liquor license holder run the bar in one building and a package goods store in a separate building on the same property?
In a 1988 opinion, Maryland's Attorney General concluded that a Class D beer, wine, and liquor license authorized package goods sales only in the same building as the licensed bar or restaurant, so a …
Who has the power to postpone an election if a snowstorm keeps the polls from opening?
In a 1988 opinion, Maryland's Attorney General concluded that no election official could move an election date because of bad weather, but the Governor could declare a weather emergency and suspend th…
Could a city council member with a substantial interest in a vendor vote to pay its bills or buy sole-source goods from it?
No. The Attorney General concluded that the member had to file an affidavit and abstain from both the vendor's periodic bill payments and a sole-source purchase. The only stated exception applied when…
Could an immigrant with conditional permanent residence qualify for Texas resident tuition before the condition was removed?
Yes. The Attorney General concluded that federal law still classified the person as lawfully admitted for permanent residence. Conditional residents could therefore seek Texas resident tuition if they…
Could a Texas bingo operator award a door prize during the required 30-minute break between bingo games?
Generally no. The Attorney General concluded that a bingo occasion included the time before, during, between, and after games while people were gathered to play, so the intermission was likely part of…
Does Maryland's Domestic Violence Act still protect a victim if the abuser has since moved out of the house?
In a 1988 opinion, Maryland's Attorney General concluded that a spouse, parent, stepparent, child, stepchild, or blood relative who abused another such relative while living together qualified as a 'h…
Did Texas university police have to give abandoned and unclaimed property to the county purchasing agent?
No, if the university's governing board had adopted property-disposition rules under the Education Code. The Attorney General concluded that the campus-specific statute controlled over article 18.17's…
Can the Division of Motor Vehicles use its motor-carrier safety regulations to inspect and regulate a privately owned bus that is not being used to carry passengers for a fee?
No. The NC AG concluded that the Division of Motor Vehicles' authority under Article 17 of Chapter 20 extends only to for-hire transportation of passengers (common carriers, contract carriers, for-hir…
Can the NC DMV refuse to accept any proof of a name change for a driver's license except a court order or register-of-deeds filing, or does common-law name change still count?
DMV cannot make a court order or register-of-deeds filing the only acceptable proof. NC still recognizes common-law name change (use a new name openly, for non-fraudulent purposes), and DMV must accep…
Could a city psychologist give a police chief an officer's psychological evaluation results without the officer's signed release?
Generally no. The Attorney General concluded that medical and mental-health confidentiality statutes required a written release, despite the city's collective bargaining agreement, unless a statutory …
How much discretion did Maryland's Chesapeake Bay Critical Area Commission have to interpret its own local program criteria?
In a 1988 opinion, Maryland's Attorney General concluded that the Chesapeake Bay Critical Area Commission had no discretion to vary from criteria written in mandatory terms like "shall" or "may not," …
How detailed did a Texas governmental body's certified agenda for a closed meeting have to be?
It did not have to be a verbatim transcript, but it had to summarize every specific subject actually discussed. Broad labels such as 'personnel' or 'litigation' were not enough, and greater detail was…
When a North Carolina condominium developer adds new units to an expandable condominium, do the original plans for previously built units have to be refiled with the register of deeds?
No. Under N.C.G.S. § 47C-2-109(d), the developer can either record fresh plats and plans for the new units or record new certifications of the previously recorded plats and plans, as long as the origi…
Can the South Dakota State Board of Medical and Osteopathic Examiners discipline a physician for sexually harassing prospective employees and having sex with a patient, even though SDCL 36-4-30 does not specifically list those behaviors? And can the Board's investigators access patient medical records under SDCL 36-4-22.1, which only specifically mentions drug records?
Yes to both. SDCL 36-4-29's general grant of authority over 'unprofessional or dishonorable conduct' is not limited by the specific list in SDCL 36-4-30; the listed examples are illustrative, not exha…
When a South Dakota auditor catches the Department of Revenue applying tax laws inconsistently or retroactively, what can the auditor do? Who actually has the legal authority to adjust or write off taxes, and is the Secretary of Revenue required to write down the reasons for changing a tax assessment? Can tax laws even be applied retroactively?
The Secretary of Revenue and the Director of the Audit Division of the Department of Revenue had broad statutory authority to adjust tax audit amounts based on their interpretation of the law, subject…
Can a Maryland town remove part of its own territory through a charter amendment?
In this 1987 opinion, the Attorney General concluded that a Maryland municipality most likely has authority under the Municipal Home Rule Amendment to detach part of its own territory by amending its …
In South Dakota, can the public hunt on a section line where the farmer has planted crops? Can they drive on unimproved section lines? When does a section line count as 'improved' enough to allow hunting? And if a landowner fences off a section line, what can a frustrated hunter or traveler actually do about it?
The public can drive on any section line that has not been formally vacated, even if the farmer has crops on it. The public can hunt on a section line if it has been 'improved' (anything done to facil…
Could artificial or tube feeding be withheld under a Texas patient's directive against life-sustaining procedures?
Potentially yes. The Attorney General concluded that artificial or tube feeding could qualify as a life-sustaining procedure, but whether it merely prolonged the moment of death depended on medical ju…
Can DC's consumer protection agency write tickets and impose fines on other DC government agencies (or their contractors) when those agencies break DC regulations?
No. One DC government agency cannot compel another to comply with the law without express statutory authority. The DCRA Civil Infractions Act gives the Mayor authority to fine private parties, but it …
Could a Texas municipal utility district tax only part of the district to repay bonds for improvements benefiting that area?
Yes. The Attorney General concluded that a defined-area tax met the constitution's equal-distribution requirement when it was fairly proportioned to the benefit received by the taxed property.
Could North Carolina pass a law or rule allowing window tint as dark as 35% light transmittance on passenger car windows when federal safety standards require 70%?
No. A state rule allowing 35% light transmittance in windows needed for driving visibility would conflict with Federal Motor Vehicle Safety Standard No. 205 (which requires 70%) and would be preempted…
Did Texas's open-beach property disclosure law apply when coastal property was sold through a nonjudicial foreclosure?
Yes, when the foreclosure conveyed a covered real-property interest. The trustee had to give the statutory notice to the actual purchaser for each foreclosure, but the opinion concluded that section 6…
Can a public library charge fees for things like computer searches, video rentals, or overdue books?
In this 1987 opinion, the Attorney General concluded that Maryland public libraries generally had to provide free access to their information resources no matter the format (books, videocassettes, rec…
Which Department of Correction employees qualify for the Salary Continuation Plan when injured on the job?
The AG concluded an employee qualifies for the Salary Continuation Plan in G.S. 143-166.13 only if (1) the position requires certification by the Criminal Justice Education and Training Standards Comm…
Could the Texas Human Rights Commission or EEOC order a state agency to seal personnel records after an employment-discrimination complaint?
No. The Attorney General concluded that neither commission had specific authority to order a Texas agency to seal records governed by the Open Records Act. A court could order sealing, privacy law mig…
Could Texas give the Anderson County groundwater district special powers over pumping near a hazardous-waste facility, including requiring injection-well operators to buy district water?
The Attorney General concluded that the special district law was facially valid and contained adequate standards, and that it did not facially conflict with statewide hazardous-waste law. Equal-protec…
Could Texas require out-of-state and Mexican motorists driving in Texas to carry liability insurance meeting Texas standards?
Yes. The Attorney General concluded that applying the same financial-responsibility rule to resident and nonresident motorists was a valid highway-safety regulation, absent federal preemption or an ap…
Could a Texas county clerk file an assumed-name certificate whose acknowledgment was in another language but carried a Hague apostille?
No. The Attorney General concluded that the acknowledgment required for the assumed-name certificate had to be written in English. A Hague apostille authenticated the signature, capacity, and seal on …
Were Texas lawyers' fees for collecting debts subject to sales tax under the 1987 debt-collection service amendment?
Usually no. The Attorney General concluded that a lawyer's services were taxable only when the lawyer provided no legal service and acted solely as a debt collector, not when debt-collection activity …
Did a nonprofit volunteer fire department have to release records when it received public funds from a rural fire district?
Yes, to the extent of the publicly funded operation. The Attorney General concluded that Cy-Fair Volunteer Fire Department was a governmental body because the contract generally supported its fire and…
Should North Carolina Motor Vehicle Dealers' Advisory Board members get the $7 per diem from their 1973 statute or the higher $15 per diem from the general state board compensation statute?
$15. § 138-5 was rewritten in 1973 (Chapter 1397, effective July 1, 1974) to set a uniform $15-per-day per diem for all state boards, commissions, committees, and councils operating from State Treasur…
Was Maryland's long-running Homeowner's Tax Credit, capping assessment jumps above 15%, actually unconstitutional?
In this 1987 opinion, the Attorney General reaffirmed a decade-long position that Maryland's Homeowner's Tax Credit, which capped property tax assessment increases above 15% each year, violates Articl…
Could the Texas Historical Commission waive the 180-day waiting period for altering, selling, leasing, or demolishing a historic courthouse?
No. The Attorney General concluded that the statute gave the Commission no express or implied authority to waive the waiting period, which existed to allow time for preservation efforts.
Can a Maryland state prosecutor also serve as a special assistant state's attorney for a different county without giving up their regular job?
In this 1987 opinion, the Attorney General concluded that Assistant and Deputy State's Attorneys, Assistant and Deputy Attorneys General, and Assistant and Deputy State Prosecutors are not public offi…
Can a mortgage lender force a borrower to use the lender's own attorney for the title exam?
In this 1987 opinion, the Attorney General concluded that a Maryland mortgage lender could require a borrower to pay for legal services connected to the loan, including a title examination performed b…
Can a North Carolina regional airport authority member, who runs a PR firm, contract with another company that is currently providing services to the same airport authority?
Likely not under N.C.G.S. § 14-234(a). The Asheville Regional Airport Authority was created by interlocal cooperation between Buncombe County and the City of Asheville and its members are public offic…
Can a Maryland county use its own licensing rules or zoning restrictions to control where state-licensed child care homes can operate?
In this 1987 opinion, the Attorney General concluded Maryland's Juvenile Services Agency licensing scheme had fully preempted county authority to license or use zoning to control where state-licensed …
In Maryland child support cases, can a non-lawyer caseworker sign the court paperwork to withhold a parent's wages, or does the circuit court clerk have to handle the paperwork instead?
In this 1987 opinion, the Attorney General concluded that a support enforcement agency's motion or request for an earnings withholding order must be signed by an attorney representing the agency, not …
Did a conviction for issuing a bad check prevent Texas from later prosecuting theft based on the same transaction?
No. The Attorney General concluded that issuing a bad check and theft required different elements. The bad-check offense focused on knowingly passing the worthless check, while theft required unlawful…
Can one person serve at the same time as a Texas justice of the peace and a part-time appointed municipal judge for a city in the same precinct?
Yes. The Attorney General concluded that concurrent criminal jurisdiction did not make the two offices incompatible because the judge did not control where a complaint was filed and the offices' legal…
Can a state ethics board investigate and discipline a police officer, or does the Law Enforcement Officers Bill of Rights take over instead?
In this 1987 opinion, the Attorney General concluded that Maryland's State Ethics Commission could investigate State law enforcement officers for violations of the Public Ethics Law, but that any inte…
Can a state require someone to live there for a year before letting them become a notary public?
In this 1987 opinion, the Attorney General concluded that Maryland's one-year residency requirement for notaries public was constitutional, holding that it survived rational-basis review under the Equ…
Could a county reimburse its clerk for an independent audit the clerk hired without prior approval to defend a theft charge?
The county was not already liable because it had made no promise and had not knowingly accepted the audit's benefits. The commissioners court could still choose to ratify and pay for the audit if it c…
Could a Texas state university buy products from a corporation partly owned and managed by a regent's spouse?
No. The Attorney General concluded that the regent had direct and community-property financial interests in the corporation. Delegating purchases to university employees did not remove the Board of Re…
Could the City of Amarillo Hospital District refuse to let paying patients use its public hospital for first- or second-trimester nontherapeutic abortions?
Under the federal constitutional law applied in 1987, no. The Attorney General concluded that Amarillo's public hospital could not deny paying patients access for first- and second-trimester nontherap…
Did Maryland need a new law to start letting the state pay, or 'pick up,' employees' pension contributions tax-free in the 1980s?
In this 1987 opinion, the Attorney General concluded that a 1986 law required the General Assembly, not just the Board of Trustees, to enact implementing legislation before Maryland's employer pension…
Did former Texas law requiring counties to support paupers give an indigent resident a property right protected by federal due process?
No. The Attorney General concluded that former article 2351(11) required counties to make some provision for paupers but left the nature and extent of general welfare services to county discretion, so…
Could a Texas sheriff use drug-forfeiture sale proceeds to buy a patrol car?
Only if the car would be used solely to investigate alleged criminal-law violations. The Attorney General could not decide that factual question because sheriffs also used vehicles for noncriminal dut…
Could a Texas criminal district attorney receive, hold, spend, and arrange the sale of drug-forfeited property?
Yes, within statutory limits. The Attorney General concluded that the court could forfeit property to the office, funds could be spent only on criminal investigations, no statute fixed a holding deadl…
Could a Texas general-law city enforce its ordinances on city-owned land outside its limits and extraterritorial jurisdiction?
No. The Attorney General concluded that the city could not give its ordinances extraterritorial effect, but it could protect property under its control and prescribe rules for a public park acquired u…
Could a Texas constable serve civil process in another county, keep the service fee, or act as a private process server?
A constable or deputy could serve civil process in the officer's county or a contiguous county. Service fees had to be deposited with the officer's county treasurer, and a deputy serving under Rule 10…
If a temporary employment agency supplies security guards to North Carolina businesses or government agencies, must the agency itself be licensed by the Private Protective Services Board?
Yes. Chapter 74C requires a security guard and patrol license for any person, firm, association, or corporation engaging in the business of providing contractual private security services for a fee. T…
Did a Texas county medical examiner have to use a licensed funeral director or embalmer to move a body to the county morgue?
No. The medical examiner could order the transfer without engaging a funeral director or embalmer. If the examiner authorized a funeral director to make the transfer, the first-call supervision rules …
Did Idaho's Board of Nursing need to get the Board of Medicine's joint approval before adopting rules for certified registered nurse anesthetists?
No. The 1987 AG opinion concluded that a Certified Registered Nurse Anesthetist (CRNA) is not a 'nurse practitioner' under Idaho Code § 54-1402(d). The Board of Nursing could promulgate rules governin…
Does a North Carolina licensed professional engineer need a separate private investigator license under Chapter 74C in order to perform engineering investigations such as fire-cause analysis or accident reconstruction?
No. The Practice of Engineering statute, N.C.G.S. § 89C-3(6), expressly includes 'consultation, investigation, evaluation, planning, and design of engineering works and systems' within the licensed en…
Were all items listed in the Texas personal-property exemption statute protected from execution regardless of their total value?
No. The Attorney General concluded that only the listed categories qualified and that their combined fair-market value could not exceed the statutory cap, then $30,000 for a family or $15,000 for a si…
Could a hazardous-waste corporate guarantee be enforced when a settlement agreement disclaimed tort liability?
Yes. The Attorney General concluded that the settlement created contractual liability for the agreed amount, and that liability could support enforcement of the federal-form corporate guarantee.
Could a Texas home-rule city issue general-obligation bonds to finance affordable housing for low- and moderate-income families?
Yes, the Attorney General found no categorical constitutional or statutory bar. The bonds and the housing program still had to satisfy voter-approval, public-purpose, fair-value, and adequate-control …
Did refinancing a housing development with refunding bonds trigger Texas's elderly-unit reservation requirement?
No. The Attorney General concluded that refunding bonds continued the original financing rather than funding new development, so they did not newly impose the elderly-occupancy reservation.
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.