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 someone bring personal copying or microfilm equipment into a Texas county clerk's office to copy public records?
Sometimes. The Attorney General concluded that the public had a qualified right to use personal copying equipment, but an office could impose reasonable limits for safety, efficiency, confidentiality,…
Was gas and electricity used by Texas restaurants to prepare food exempt from sales tax, and could the comptroller require a utility study?
In 1987, the Attorney General concluded that the exemption applied so long as restaurant food preparation was generally understood as processing tangible personal property for sale. The comptroller co…
Could the Texas governor sign HUD nursing-home need certifications after the Texas Health Facilities Commission was abolished?
In 1987, the Attorney General concluded that state-law authority alone was not enough. The governor could satisfy the federal mortgage-insurance certification requirement only if he was also the state…
Could the Idaho Board of Correction release inmates early to relieve overcrowding, and could it use long-term work furloughs to do the same thing?
The AG concluded the Idaho Board of Correction had no power to do an outright early release of inmates. The Commission of Pardons and Parole was the only body that could parole or pardon. The Board co…
Can Texas police arrest someone without a warrant for a family-violence misdemeanor an officer did not see happen?
The 1987 opinion concluded that article 14.03(a)(2) and (a)(3), which let officers make warrantless arrests for certain assault and protective-order misdemeanors not committed in their presence, were …
In NC, does the state constitution require that the court divide marital property only after the divorce becomes final, or is that just a statutory rule that the legislature could change?
Statutory, not constitutional. NC Const. art. X, § 4 (the married women's property clause) does not require equitable distribution to follow the absolute divorce decree. The 'follow the decree' rule c…
When could a Texas county pay a private attorney to represent a sheriff or other county official?
A county could pay for private counsel when commissioners determined in good faith that the official acted within official duties and that a legitimate county interest, not merely a private interest, …
Can a Texas county accept credit card payments for court fines and fees?
The 1987 opinion concluded that article 3910a, which let commissioners courts authorize county officers to take credit cards for fees, fines, and court costs, was a valid and enforceable statute. Acce…
Is a Texas county liable when a volunteer fire department it contracts with causes harm?
The 1987 opinion concluded that a county could be liable, to the extent the Texas Tort Claims Act allowed, for the negligent acts of fire services provided under a contract authorized by article 2351a…
Can a Texas commissioners court hold an election to move property appraisal into the county tax assessor-collector's office?
No. The 1987 opinion concluded that section 6.26 of the Tax Code let voters petition for an election only to consolidate tax assessing and collecting functions, not appraisal. Because appraisal is a s…
Do Texas public hospitals have to provide childbirth and prenatal care to indigent patients?
The 1987 opinion concluded that under the Indigent Health Care Act a public hospital had to provide medically necessary inpatient and outpatient care to eligible indigent residents, which would includ…
In North Carolina, can a public school student be released for part of each school day to attend a private school, especially a private specialized school for a disability?
Not as a right, but the local school board has discretion to allow it. The AG concluded that no statute requires public schools to release a student to a private school for part of the day. Under N.C.…
Can a Texas CPS caseworker also be a foster parent for the same agency?
The 1987 opinion did not give a yes-or-no answer. It concluded that whether a Department of Human Services child protective services specialist could serve as a foster parent was a conflict-of-interes…
Does a Texas public university have to offer its employees every approved HMO, or can it choose which ones?
The 1987 opinion concluded that a public college or university had to consider applications from every HMO approved by the state or federal government to offer services in Texas, not just those alread…
Who pays for a parole violator's medical care while he is held in county jail awaiting a revocation hearing?
The 1987 opinion concluded that the county, not the Texas Department of Corrections, was responsible for the medical care of a parole violator held in a county jail while awaiting a parole revocation …
Can a court-appointed standing examiner in Maryland also serve on a Judicial Nominating Commission?
In this 1987 opinion, the Attorney General concluded that a standing examiner appointed by a Maryland circuit court does not hold a public office, so the person could serve on a Judicial Nominating Co…
Can a Maryland court hold a hearing before releasing someone committed after an insanity finding?
In this 1987 opinion, the Attorney General concluded that a Maryland court could hold a hearing on the Department of Health and Mental Hygiene's application to conditionally release someone committed …
If an Idaho boarding school keeps kids 24 hours a day for therapeutic and educational programs, does it have to be licensed under Idaho's child-care licensing law?
The AG concluded that a boarding school providing 24-hour group care for children under 18 was subject to Idaho's Child-Care Licensing Act, even when the program also offered education and therapy. Th…
Can a Texas commissioners court appoint a county commissioner's relative to a vacant county office?
No. The 1987 opinion concluded that the nepotism statute, article 5996a, barred a commissioners court from appointing the first cousin of a sitting commissioner as acting county clerk. Neither the rel…
How is the Harris County auditor selected, and do the judges' selection meetings fall under the Open Meetings Act?
The 1987 opinion concluded that, before a 1987 amendment, article 1645a-10 required a Harris County auditor to be chosen by a two-thirds vote of all the district judges having jurisdiction in the coun…
Does a state agency have to go through formal rulemaking to adopt a workplace smoking policy?
In this 1987 opinion, the Attorney General concluded that the smoking policy guidelines each Maryland executive agency was required to adopt under a gubernatorial executive order fell within the Admin…
When was a court-appointed attorney entitled to compensation for representing an indigent defendant in Texas?
The 1987 opinion concluded that appointed counsel was not entitled to compensation under article 26.05 without appearing in court. When counsel did appear, the court could consider related research an…
Could a Texas county attorney hire and pay an investigator from the hot check fund without commissioners court approval?
Yes. The 1987 opinion concluded that a county attorney could hire an investigator and set the salary without commissioners court approval when the salary was paid solely from the special hot check fun…
Could Houston enforce its municipal anti-smoking ordinance inside Harris County buildings located in the city?
Yes. The 1987 opinion concluded that Harris County was not immune from Houston's anti-smoking ordinance and that the state laws cited by the county neither preempted nor conflicted with the city rule.
If I pay off my credit card balance within the grace period, can the issuer still charge me a finance charge for the previous billing period?
Yes, according to this 1987 opinion. The Attorney General concluded Maryland's open-end credit statute lets a credit grantor assess a finance charge on a balance carried over from an earlier billing p…
Could Maryland's Motor Vehicle Administration let someone keep driving to work instead of fully suspending their license in 1987?
In this 1987 opinion, the Attorney General concluded that the Motor Vehicle Administration has authority under §§16-205 and 16-206 of the Transportation Article, together with its general restriction …
Could a Texas court clerk require a court-cost deposit before filing an application for a family-violence protective order?
No. The 1987 opinion concluded that a district or county clerk had to file a protective-order application when tendered and could not make a court-cost deposit a condition of filing.
Was Texas's law requiring paid labor union organizers to register with the secretary of state still valid after Thomas v. Collins?
The 1987 opinion concluded that the registration requirement was not facially unconstitutional under the First Amendment and was not preempted by the National Labor Relations Act. It distinguished the…
Can the Idaho legislature kill an approved minimum stream flow application just by passing a concurrent resolution?
No. The 1987 AG opinion concluded that the provision in Idaho Code § 42-1503 allowing the legislature to reject an approved minimum stream flow by concurrent resolution would be found unconstitutional…
Who paid an indigent prisoner's medical expenses when the prisoner was moved from the Texas Department of Corrections to a county jail on a bench warrant?
The county did. The 1987 opinion concluded that article 104.002 made the county responsible because the prisoner was physically confined in the county jail when the injury and treatment occurred, even…
In North Carolina, can a limited partnership do business under an assumed (DBA) name, or does it have to use its registered partnership name?
It must use its registered name. (1) A North Carolina limited partnership formed under Article 5 of Chapter 59 may not operate under an assumed name. The Assumed Name Statute, N.C.G.S. § 66-68, specif…
Did Jefferson County have to build a replacement road before ending county maintenance and supervision of the entire dead-end Atwood Road?
No. The Attorney General concluded that the replacement-road requirement applied when part of a public road was closed or discontinued in a way that could strand travelers, not when the county ended m…
When did a document count as filed with a Texas district clerk if fees, signatures, attachments, or service copies were missing?
The 1987 opinion concluded that a document was filed when tendered to the district clerk, even if a required fee or signature was missing. The clerk should not alter party-supplied copies except to pl…
Did a Texas county have to use competitive bidding when it obtained federal surplus property through the Texas Surplus Property Agency?
No. The 1987 opinion concluded that a county could accept federal surplus property and pay the Texas Surplus Property Agency's authorized service and handling charges without competitive bidding becau…
Could individual Texas county departments buy their own office supplies without counting other departments' purchases toward the bidding threshold?
A county department could buy its own supplies only with commissioners court approval and subject to the County Purchasing Act. The 1987 opinion concluded that the $5,000 competitive-bidding threshold…
If a state employee gets a credit card through a state-arranged travel program, is the state liable for the employee's charges?
No, according to this 1987 opinion. The Attorney General concluded that because the credit card would be issued in the individual employee's name, with the employee alone applying for and being liable…
Could a surplus lines insurance carrier issue the performance and payment bonds required for Texas public works contracts?
No. The 1987 opinion concluded that article 5160 required bonds from a corporate surety authorized to do business in Texas, while a surplus lines carrier was expressly classified as an unauthorized in…
Whose job is it to attend Idaho district and magistrate courts: the sheriff, or court-appointed bailiffs and marshals?
The AG concluded the sheriff had primary statutory duty to attend Idaho district and magistrate courts. There was no statutory authority for courts to appoint bailiffs, marshals, constables, or specia…
Did the city of Bastrop or Bastrop County have to fund indigent healthcare for city residents after the city hospital was leased to a private operator?
The city of Bastrop did. The 1987 opinion concluded that the hospital remained a public hospital because the city-created hospital authority owned it, so the city had to provide sufficient funding eve…
Was Jackson County responsible for indigent healthcare when a hospital district covered the entire county?
No. The 1987 opinion concluded that the countywide Jackson County Hospital District, not the county, was responsible for inpatient and outpatient care for indigent county residents under the Texas Con…
A Grant County resident died in a car crash in Codington County. The Codington County coroner ordered an autopsy. Which county had to pay the pathologist's $610 bill: the county where the person lived, or the county where they died and the autopsy was ordered?
The county whose coroner ordered the autopsy paid the bill. Under SDCL 23-14-9.2, autopsy fees were paid from the general fund of the county whose state's attorney or coroner had ordered the procedure…
Were Texas bills restricting off-site new and used motor vehicle sales constitutional and consistent with antitrust law?
The 1987 opinion concluded that the proposed restrictions did not facially violate federal equal protection, due process, the Commerce Clause, or state and federal antitrust laws. It cautioned that a …
Can a small South Dakota tourism town like Keystone use the proceeds from an additional 1% municipal sales tax adopted under SDCL 10-52-8 to buy, build, and maintain city parking lots to support local businesses and tourism?
Yes. The Town of Keystone could use SDCL 10-52-8 sales-tax funds for a municipal parking lot because that infrastructure clearly promoted the town and its tourist attractions. AG opinions had previous…
Could a Texas State Board of Public Accountancy member be reappointed after serving less than six years and then holding over after the term expired?
Yes. The 1987 opinion concluded that the two-year reappointment bar applied only after a full six-year term, and service in a constitutional holdover capacity after the term expired did not count towa…
Could Texas barber-board members or inspectors take board exams, attend barber school, or work as part-time barber teachers?
A board member could not take a licensing or certification exam administered by the board, and a barber inspector could not work for pay as a barber-school teacher. An inspector's enrollment in a barb…
Did a rice dryer qualify as tax-exempt farm machinery under the Texas Constitution and Tax Code?
The opinion did not decide the rice dryer's status because that required factual findings. It said the dryer qualified only if it was an implement rather than a real-property fixture and its primary d…
Did Texas have to reimburse Midland County's district judges and district attorney for postage, telephone, and telegraph costs?
No. The Attorney General concluded that Government Code sections 24.019 and 43.004 did not make the state liable for those expenses in Midland County, a single-county judicial district.
Could Ector County give federal revenue-sharing money to a chamber of commerce to recruit new businesses?
The county could contract with a chamber of commerce for specific business-development services if it received adequate consideration and retained sufficient assurance that the public purpose would be…
Did Texas's Uniform Enforcement of Foreign Judgments Act give a judgment debtor due process, require notice from the clerk, and allow execution 30 days after filing?
Yes. The Attorney General concluded that chapter 35 provided procedures to challenge a foreign judgment and did not deny due process. The clerk had to mail notice to the debtor, and a writ of executio…
Could Texas extend its oil severance tax to oil imported from other states and foreign countries?
No. The Attorney General concluded that House Bill 966 would discriminate against interstate commerce by taxing imported oil and that the same defect made it unconstitutional as applied to foreign com…
Did all service within a Texas law-enforcement agency count toward hazardous-duty pay, and could that service credit transfer to another agency?
All years served within the employee's current agency counted, including years in nonhazardous assignments. Credit earned at one agency could not transfer to another, and conflicting appropriations ri…
Did Arkansas's three-percent highway-contractor preference require an Arkansas bidder to underbid Texas contractors on a Texas highway project?
No. Arkansas's preference depended on prior Arkansas contracts and tax payments, not solely on residency, so it did not trigger Texas's reciprocal preference against a nonresident bidder.
Could a Texas public university give elective credit for secular religious-studies courses taught through religious organizations, and could the organization nominate or pay the university faculty member?
A public university could grant elective credit for secular religious-studies courses if the program met Establishment Clause standards and was reviewed without denominational discrimination. It could…
Could Maryland voters force a referendum to block the Camden Yards stadium financing legislation?
No, according to this 1987 opinion. The Attorney General concluded that the Camden Yards stadium legislative package, including its financing chapter, was an "appropriation for maintaining the State G…
Could the Texas Legislature require colleges and universities to transfer excess Texas Public Educational Grant funds to the coordinating board for scholarships at other schools?
Yes. The Attorney General concluded that the tuition set-asides were state funds subject to legislative control and that Education Code section 56.039 validly redirected excess balances. The transfer …
Could Texas agencies sign multi-year contracts that paid private vendors for cogeneration systems from future energy savings without creating unconstitutional state debt?
Potentially. The Attorney General said properly drafted legislation and contracts could avoid unconstitutional debt if the vendor had no recourse against state credit and the state's payment duty rema…
Did a Texas district court need a filed lawsuit before it could exercise supervisory control over a county commissioners court?
Yes. The Attorney General concluded that article V, section 8 did not give district judges free-standing oversight authority; a lawsuit or other authorized review proceeding had to invoke the district…
Could the Texas State Securities Board adopt a rule that automatically treated certain underwritten stock offerings as fair, just, and equitable based only on share price and total proceeds?
No. The Attorney General concluded that the proposed rule would let the securities commissioner bypass the statutory duty to examine whether an offering was fair, just, and equitable. The commissioner…
Could Galveston County Drainage District No. 2 charge a fee to review construction plans for crossings over its drainage ditches?
No. The Attorney General concluded that Water Code chapter 56 governed the district and gave it no express or necessarily implied authority to charge plan-review fees for ditch crossings.
Did a Texas county have to reimburse the UT Health Center at Tyler for heart treatment provided to an indigent county resident?
Yes, subject to the Indigent Health Care and Treatment Act's conditions and limits. State funding rules for indigent tuberculosis patients did not shift the cost of treating a heart condition to the H…
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