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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Can a Texas home rule city enforce its energy conservation code on customers outside city limits that it supplies with electricity?
Only partly. JM-562 concluded that under article 1108, a home rule city that runs its own electric utility has implied authority to enact and enforce reasonable regulations protecting its electrical d…
Does the Texas insurance regulator have to act when a workers' compensation insurer fails to provide required workplace accident-prevention services?
Yes, on the licensing side. JM-561 concluded that section (c) of article 5.76-1 is mandatory: if the State Board of Insurance determines, after a hearing, that an insurer is not maintaining or providi…
Can the public find out what's in a Maryland business's tax registration application, or is that information confidential?
In this 1986 opinion, the Attorney General concluded that most information on Maryland's Combined Registration Application, including a taxpayer's identity and finances, was confidential tax return in…
Can a state Medicaid program buy prescription drugs directly and give them to recipients without violating federal antitrust law?
Yes, in the AG's view. JM-560 concluded that a proposed Texas Medicaid Vendor Drug Program change, under which the state would contract with distributors to supply drugs for free distribution to Medic…
When a trust document does not say how to handle oil and gas royalty income, how are the royalty proceeds divided between principal and income?
By the statutory formula. JM-559 concluded that when a trust instrument does not specify how to allocate proceeds from producing mineral interests, section 113.107 of the Texas Trust Code controls. Th…
Can a Texas justice of the peace who lost an election retire before his term ends, and who runs the office until a replacement takes over?
He can retire, but he cannot walk away from the office. JM-558 concluded that a Webb County justice of the peace is a member of the Texas County and District Retirement System and may retire when he m…
How much can a collection agency charge someone who wrote a bad check, on top of the amount of the check?
Not much beyond a flat fee. JM-557 concluded that under article 9022, a collection agent for the holder of a dishonored check can collect the face amount of the check plus a reasonable processing fee …
Can a state agency deny an employee a merit raise because she was out on an approved workers' compensation claim?
No, not on that basis alone. JM-556 concluded that under the 1983 General Appropriations Act, a state employee counts as 'employed by the agency for at least six months' if she was hired at least six …
Can Texas regulate out-of-state mail-order pharmacies that ship prescriptions to Texas residents, and does that violate the Commerce Clause?
Partly, and no. JM-555 concluded that the Texas State Board of Pharmacy cannot license pharmacies physically located outside Texas, because it cannot inspect out-of-state facilities. But under section…
Does a doctor owe federal income tax when a Texas student loan is forgiven for practicing medicine in a rural area?
No. JM-554 concluded that the loan credits given by the State Rural Medical Education Board under article 4498c are not taxable income under section 108(f) of the federal Internal Revenue Code, as ame…
Does a Texas mayor or justice of the peace automatically give up his office by running for a different elected office?
It depends on the term length. JM-553 concluded that under article XVI, section 65, a justice of the peace who announces a run for city council when more than a year is left on his JP term automatical…
When a county and city jointly run a hospital, who pays for indigent residents' health care?
Both of them. JM-552 concluded that under the Indigent Health Care and Treatment Act, funding indigent health care at a hospital operated by a joint county-city hospital board is a joint responsibilit…
Can a Texas state university spend state-appropriated funds on land it holds in trust?
Yes, within limits. JM-551 concluded that a state university serving as trustee of a testamentary trust may spend appropriated funds to build permanent improvements on and operate the trust property, …
Can Maryland reuse land it bought for a canceled highway project to build a different government building instead?
In this 1986 opinion, the Attorney General concluded that land the State originally acquired for a highway project it later abandoned could be used instead to build a Motor Vehicle Administration fiel…
When property seized in a drug case is sold, where does the money go and are lienholders protected?
It depends who the property was forfeited to, and lienholders come first. JM-550 concluded that under article 4476-15, section 5.08, if a court forfeits property to the state, the sale proceeds go to …
Does interest earned on the Texas Crime Victims Compensation Fund stay in that fund or go to the state's general revenue?
It goes to general revenue. JM-549 concluded that the Compensation to Victims of Crime Fund is a statutory fund, not a constitutionally dedicated fund and not a trust fund. Under article 4393-1, secti…
Can Texas make a corrections officer work a full year before getting hazardous duty pay?
Yes. JM-548 concluded that under article 6252-20b, V.T.C.S., the Texas Department of Corrections may require its employees to complete one full year of employment before they become eligible for hazar…
Can a Texas state agency buy insurance on mail or freight it ships?
Yes, without any special statute. JM-547 concluded that although state agencies generally need specific statutory authority to buy property or liability insurance, buying postal or freight insurance t…
Can Texas impound a foreign driver's car after a crash without a hearing?
No. JM-546 concluded that section 4A of the Motor Vehicle Safety Responsibility Law (article 6701h), which let the state impound the car of a driver not domiciled in the United States who could not sh…
What must a Texas county do with interest earned on unspent road bond money?
It has to go toward paying off the bonds. JM-545 concluded that any interest a county earns by investing unspent road bond proceeds must be deposited in the interest and sinking fund and used to help …
Can one water district annex land the legislature set aside for a new district not yet created?
Often yes. JM-544 concluded that territory the legislature designated for a proposed new water district can be annexed by another water district before the new district holds its confirmation election…
Can a Texas state university offer employees a section 125 cafeteria benefits plan?
Yes. JM-543 concluded that the University System of South Texas has authority under article 3.50-3 of the Insurance Code to set up an employee benefit plan letting employees purchase optional group-te…
Is the Public Utility Commission's executive director in charge of running the agency?
Not automatically. JM-542 concluded that the Public Utilities Regulatory Act does not require the PUC's executive director to be the chief administrative employee of the commission. The commissioners …
Can one county annex a school district that sits partly in another county without that county's consent?
No. JM-541 concluded that section 19.021 of the Texas Education Code does not let one county's commissioners court annex a county-line school district in a way that affects territory in another county…
Does a county hospital district pay for a resident's emergency care at an out-of-county hospital?
Yes. JM-540 concluded that a hospital district created under article IX, section 9 of the Texas Constitution must pay for emergency medical care given to an indigent resident of the district even when…
Can the public find out how many complaints have been filed against a specific mortgage company in Maryland?
In this 1986 opinion, the Attorney General concluded that the number and status of consumer complaints filed against a company licensed as a mortgage banker or mortgage broker were disclosable to the …
Could Idaho require students to live in Idaho for five calendar years before they could be certified for state-funded special graduate programs like WAMI medical or WICHE veterinary education?
No. The AG concluded that Idaho Code § 33-3717(8)'s five-year residency requirement violated equal protection under the Fourteenth Amendment. The state could impose a reasonable durational residency r…
Does a Texas police officer who uses deadly force have to give the injured person medical aid?
Yes. JM-538 concluded that a peace officer who uses deadly force and critically injures someone has a duty, under the federal civil rights statute (42 U.S.C. section 1983), to provide or secure medica…
How are court-appointed attorney fees and investigation costs set when defending a Texas prison inmate charged with a crime committed in custody?
They are set within the limits of Code of Criminal Procedure article 26.05. JM-537 concluded that under article 26.055, which handles the cost of defending Department of Corrections prisoners who comm…
What authority did Idaho's county commissioners have over deputies and assistants of other elected county officers, and could commissioners hire their own staff or create new offices?
The AG concluded county commissioners can set salaries and authorize appointments for deputies and assistants of other elected officers, and can adopt countywide pay scales and FLSA-compliant work-hou…
Can a Texas county tax office keep a 'tax clearance' account to cover taxpayers who underpay their property taxes with other taxpayers' overpayments?
No. JM-536 concluded that a county tax assessor-collector cannot set up a 'tax clearance' account that pools excess property tax payments and then draws on them to make up other taxpayers' shortfalls.…
Can the Texas Legislature let just one city charge extra court costs on municipal court convictions?
No. JM-535 concluded that article III, section 56 of the Texas Constitution, which bars local or special laws regulating the affairs of cities, prevents the Legislature from passing a law that gives a…
Does interest earned on local sales taxes the Texas Comptroller collects belong to the cities and counties?
Yes, the interest belongs to the local taxing units. JM-539 concluded that local sales and use taxes (and mass-transit and regional-transportation authority taxes) the Comptroller collects on behalf o…
Can a Texas county exempt certain kinds of land divisions from its subdivision platting rules?
A county can loosen its own local standards but not the state platting requirement. JM-534 concluded that a commissioners court may amend or change the minimum street, drainage, and bonding requiremen…
Was the Idaho law forcing the legislature to wait for an advisory popular vote before ratifying U.S. constitutional amendments enforceable?
Only partly. The AG concluded the nonbinding advisory referendum itself was constitutional, but the requirement that the legislature defer ratification until after that referendum conflicted with Arti…
Can a Texas county clerk let the public run credit accounts to pay filing fees instead of paying cash?
Generally no. JM-533 concluded that county officers cannot deliver county services on credit unless the constitution specifically allows it, because the Texas Constitution's bans on lending public cre…
Does a licensed Texas care institution have a legal duty to feed its residents a minimum diet?
Yes. JM-532 concluded that an institution licensed under article 4442c has a statutory duty, created by that statute and the rules adopted under it, to meet minimum diet standards for its residents. T…
Can a Texas school board lease district property for 50 years, and what happens if the lease is later assigned to a board member?
It depends on the facts, but the AG gave clear rules. JM-531 concluded that a school board has authority to lease district property as long as the lease does not impinge on the board's ability to run …
Can Maryland refuse to award state contracts to a company found in contempt of court for violating federal labor law?
In this 1986 opinion, the Attorney General concluded that Maryland's statute barring state contracts to companies found in contempt of court for violating the National Labor Relations Act was unconsti…
Could Idaho's Plumbing Division issue plumbing permits to people who were not licensed plumbers?
Yes, in limited circumstances. The AG concluded the Plumbing Division had authority under chapter 26 of title 54 to issue permits to non-licensed individuals or firms when needed to protect public hea…
Can a Texas county spend leftover road-bond money or an unused workers' compensation reserve to build a jail?
It depends on the source of the money. JM-530 concluded that Anderson County could not spend surplus left over from a road bond issue on a new jail, because road bonds under article 752a are tied to a…
Can a Maryland town charge a utility company a franchise fee or pole-rental fee if the utility already has a statewide franchise from the State?
In this 1986 opinion, the Attorney General concluded that Potomac Edison held a statewide franchise under Article 23, section 340 to use public streets for its electric lines, that only the State (not…
Did the Coeur d'Alene police have to disclose all of their investigation records to the public or news media on request?
No, not all of them. The AG concluded that Idaho Code § 9-335 (Supp. 1986) exempted certain investigatory records compiled for law enforcement purposes if disclosure would interfere with proceedings, …
Does the Texas Proprietary School Act cover a business that teaches classes, like a computer store or a hobby school?
It depends on whether the business primarily offers vocational training. JM-529 concluded that a school teaching mainly vocational courses is a regulated 'proprietary school' even if some of its cours…
Can a North Carolina licensed optometrist provide post-operative care to a cataract surgery patient without being charged with the unauthorized practice of medicine?
Yes, for routine post-op care with no complications. The procedures involved in post-operative cataract care (checking unaided visual acuity, slit-lamp exam of the external eye, ophthalmoscopic exam o…
Could Maryland's new commercial-insurance backstop pool cover nurse-midwives for malpractice even though the law setting it up said it didn't apply to medical malpractice insurance?
In this 1986 opinion, the Attorney General concluded that Maryland's newly created Commercial Casualty Underwriting Association could issue malpractice insurance specifically to nurse-midwives despite…
Could Maryland chiropractors legally order blood tests and urinalysis, or was that considered practicing medicine without a license?
In this 1986 opinion, the Attorney General concluded that Maryland's chiropractic scope-of-practice statute permitted chiropractors to use blood tests and urinalysis to help diagnose whether a patient…
When a private postsecondary school in North Carolina qualifies for the six-year mandatory-review exception under G.S. § 116-15, can the Board of Governors still subject the school to review more frequently than every six years?
Yes. The two-year and six-year periods in G.S. § 116-15(g) are statutory maximums (outside time limits for when review must happen), not rights to be free from review until those limits arrive. The Bo…
If voters roll back a Texas county's property tax rate, does that also cut the part of the increase that pays for indigent health care?
No. JM-528 concluded that when a taxing unit raises its tax rate to cover the indigent health care it is required to provide under the Indigent Health Care and Treatment Act, and voters then pass a ro…
Can the public find out how a Maryland social services agency handled a specific child abuse case, especially after a child has died?
In this 1986 opinion, the Attorney General concluded that records and reports concerning a specific child abuse case are generally confidential under Article 88A, section 6(b) and federal law, but tha…
Can the mayor of a small Texas village veto an ordinance passed by the board of aldermen?
Not in a chapter 11 village that has not adopted the broader general-law provisions. JM-527 concluded that the mayor of a village organized under chapter 11 of Title 28 cannot use article 997, the sta…
Which Texas judges can defer a Class C misdemeanor fine, and does that deferral apply to speeding tickets?
JM-526 construed article 45.54 of the Code of Criminal Procedure, which lets a 'justice' suspend a fine-only misdemeanor and dismiss the complaint if the defendant complies with conditions. The AG con…
Is a conservator or liquidating agent the state appoints over a failed savings and loan a state employee?
Yes. JM-525 concluded that conservators, supervisors, and liquidating agents the Savings and Loan Commissioner appoints under chapter 8 of article 852a are state employees for purposes of sections 104…
Does a joint city-county health district have to buy its supplies through the county purchasing agent?
No. JM-524 concluded that the Galveston County Health District, created by a county and city under article 4436b (the Local Public Health Reorganization Act), is an independent political subdivision w…
Can a Texas home-rule city charge the state a capital recovery or impact fee on a state construction project?
Partly. JM-523 concluded that without express constitutional or legislative authorization, a home-rule city like Austin cannot levy a special assessment against state property used solely for public p…
Can a Texas county bar its employees from running for partisan political office?
Partly. JM-521 concluded that a commissioners court has implied authority, as part of its power to hire employees and set reasonable working conditions, to prohibit the county employees it hires from …
Did making paint and glue sniffing a jailable misdemeanor also turn it into delinquent conduct in Texas juvenile court?
No. JM-520 concluded that paint or glue sniffing remained 'conduct indicating a need for supervision' under the Texas Family Code, even after the criminal penalty rose to a Class B misdemeanor. The sp…
Could one person serve at the same time as a Texas constable and a school board trustee?
JM-519 said yes in 1986: neither the two-office compensation ban, separation of powers, nor common-law incompatibility barred the combination. The official Texas AG page now marks JM-519 overruled to …
Could a Texas city, county, or hospital district give discounted hospital rates to seniors, insurers, or other selected groups?
Sometimes, but JM-518 gave no universal yes-or-no answer. It concluded that a public hospital's power to offer a group discount depended first on the statute governing that hospital and then on other …
If a Texas justice of the peace has a cash shortage in his account, can the county forgive it, and can he run out the clock on the county's claim?
No on both. JM-517 concluded a justice of the peace is strictly liable for public money he actually collects, so the commissioners court and county auditor cannot release him from a shortage, and no s…
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