State AG Opinions
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Can a Texas county pay a private economic development group, like one tied to a chamber of commerce, to bring in business, even though the county cannot pay chamber dues?
Yes, within limits. JM-516 concluded a county may contract with a private corporation, including one connected to a chamber of commerce, for specific business and industrial development services, as l…
Does a Texas city have to make every job in its fire department a civil service position, or can it hire regular non-civil-service staff for work supervised by the fire chief?
It can hire non-civil-service staff for some roles. JM-515 concluded the Firemen's and Policemen's Civil Service Act (article 1269m) does not require a city to create civil service positions for all t…
Can a Texas city make a school district apply for a use permit and follow zoning rules to turn a school building into administrative offices?
Yes, within reason. JM-514 concluded a city may require a school district to comply with reasonable zoning ordinances and a specific-use permit process to convert a school facility into an administrat…
If a Texas nonprofit gives away raffle tickets for free but asks for a donation, is it running an illegal lottery?
Usually yes. JM-513 concluded that a drawing where tickets are technically free but people who request them are asked to donate is an illegal lottery once any person actually makes a donation for a ch…
Can the Texas Medical Board refuse to license a doctor from another state just because that state let him take the FLEX exam before he finished medical school?
No, not on that ground alone. JM-512 concluded the Medical Practice Act does not bar reciprocal licensing of a physician solely because the physician took the Federation Licensing Examination (FLEX) b…
When the Texas legislature appropriates the proceeds of a state land sale to an agency, does the agency also get to spend the interest that money earns?
No, not automatically. JM-511 concluded that when the legislature appropriated the proceeds of a land sale or lease to the Texas School for the Blind, it appropriated only the sale money itself, not t…
Can an Idaho legislator take office as a county prosecuting attorney without resigning the legislative seat first, and can a sitting prosecutor still run for the legislature?
No to the first; yes to the second. The AG read Idaho Code § 31-2601 to bar a prosecuting attorney from holding any other county or state office during the prosecutor's term, so a legislator must resi…
Did Idaho's 1978 right-to-bear-arms amendment make the law banning uncased-firearm possession by unlicensed people in fields and forests unconstitutional?
No. The AG concluded that Idaho Code § 36-401 punishes hunting (or attempted hunting) without a license, not mere possession of a firearm. Read with criminal-act and criminal-intent requirements, it d…
Did Maryland political campaign treasurers in the 1980s have to record every small contribution raised through a fundraiser raffle or gaming wheel, not just the big checks?
In this 1986 opinion, the Attorney General concluded that Maryland's Fair Election Practices Act required campaign treasurers to record every contribution regardless of size, including money raised th…
Can the Governor of North Carolina force counties and municipalities near a nuclear power plant to participate in the emergency response planning and training exercises the NRC requires before licensing the plant?
Yes. G.S. § 166A-5(1)a.6 expressly authorizes the Governor to use local government equipment, supplies, facilities, and personnel for emergency management planning and training, not just during a decl…
Can a Texas hotel or motel seize a guest's belongings for an unpaid bill without giving the guest a hearing first?
The Attorney General said the law allowing it was unconstitutional. JM-510 concluded that articles 4594 and 4595, the Texas hotel/motel operators' lien law, are facially unconstitutional under the Fou…
Can a Texas sheriff or constable sign a contract to provide patrol and law enforcement services to a private homeowners association?
The Attorney General said the law authorizing it was invalid. JM-509 concluded that article 1581b-2, which tried to let a county sheriff or constable contract with a private homeowners association for…
Must a Texas county clerk record a deed that subdivides land when the developer has not filed an approved subdivision plat?
Yes. The Attorney General concluded that a county clerk had to record a properly acknowledged deed or dedicatory certificate even when the developer had not complied with subdivision platting laws, wh…
After H 708 extended Idaho liquor-by-the-drink hours to 2 a.m., could counties also extend beer and wine sales to 2 a.m. by ordinance?
No. The AG concluded that H 708 extended only liquor-by-the-drink sales (and added a 30-minute consumption grace period for that category). Beer and wine sales still had to end at 1 a.m., and the grac…
Could the Texas Highway Commission temporarily close an Interstate 35E frontage road in Dallas for a grand prix race?
Yes. The Attorney General concluded that the Highway Commission could temporarily close the controlled-access frontage road and that, while closed to public travel, the road was not a 'highway' covere…
Did a retired Texas statutory county court judge have to elect within 90 days of retirement to serve on judicial assignment?
No. The Attorney General concluded that the Court Administration Act imposed no 90-day deadline on a retired statutory county court judge's certification to serve, but required the judge to accept for…
Could a Texas county require performance, payment, and bid bonds on every public works contract under the law in 1986?
Not under JM-505's 1986 analysis. It concluded that a county could not require performance or payment bonds on public works contracts of $25,000 or less, although it could usually require bid security…
Did Texas Education Code section 16.102(e)'s maximum price differential index continue after the 1984-85 school year?
No. The Attorney General concluded that the special maximum price differential index in section 16.102(e) was a temporary part of the 1984-85 school-funding calculation and ended when the State Board …
Did the 1985 Texas Court Administration Act reduce the 71st District Court's six annual terms to two?
No. The Attorney General concluded that the act's general January and July terms applied only when another law did not provide different terms, so Government Code section 24.173's six terms for the 71…
Did Texas abortion-reporting requirements apply to hospitals and physicians' offices that were exempt from a separate abortion-facility license in 1986?
Yes. JM-502 concluded that every place where abortions were performed had to file the statutory reports, including hospitals and qualifying physicians' offices that were exempt from the act's separate…
Could a Texas voter use a nickname, omit a middle initial, or otherwise vary from the registration-list name when signing a local-option alcohol petition in 1986?
No. JM-501 read the statute as mandatory and concluded that the registrar had to reject a local-option petition signature that did not match the voter's name exactly as it appeared on the official reg…
Could the Texas Board of Pharmacy deny a Class D clinic-pharmacy license when the clinic's only formulary limit was that it dispensed dangerous drugs?
Yes. JM-500 concluded that a Class D pharmacy had to serve a clinic providing genuinely limited medical services, and the Board of Pharmacy could decide which clinics were limited enough to qualify.
When a Council of State member serves ex officio on a North Carolina board or commission, can the official send a deputy or assistant to attend meetings, count toward quorum, and cast votes on the official's behalf?
Yes, in most circumstances. The Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, and Commissioner of Insurance have explicit statutory delegation authority. The Lieutena…
Could one person serve as chief appraiser for three Texas appraisal districts and also collect taxes for three school districts and a water district?
Yes, under JM-499's 1986 analysis. The opinion concluded that both positions were public employments rather than civil offices of emolument, so article XVI, section 40 did not prohibit holding all sev…
Could a Texas bank treat another secured-lobby building up to 20,000 feet away as a drive-in facility instead of an unconstitutional branch?
No. JM-498 concluded that the former statute allowing a secured-teller-lobby building as far as 20,000 feet from the central bank violated the Texas Constitution's ban on doing banking business at mor…
Could Maryland send unpaid bills owed to a county health department to the state's central debt collection agency, or were those local debts off limits to a state collector?
In this 1986 opinion, the Attorney General concluded that local health departments were units of the State for debt collection purposes because the State set their health policy, controlled their fina…
Could a Texas appropriations rider require non-general-revenue funds to reimburse workers' compensation costs, and could a state agency buy separate coverage?
JM-497 said the reimbursement rider was valid, but it did not apply to the Texas Surplus Property Agency because that agency received no appropriation under the act. The opinion also said state agenci…
What happened if Texas DPS missed the 10-day deadline to request a driver's-license hearing, and could a court shorten or lengthen the 90-day suspension?
JM-496 said DPS still had to obey the 10-day duty, but a court would probably treat the deadline as directory when deciding the effect of a past violation, unless the driver proved harm. The court had…
What counted as prohibited representation when a former Texas Public Utility Commission employee worked on the same matter for a new employer?
JM-495 read representation broadly. It included any interaction with the commission on behalf of the new employer in a matter the former employee had handled or officially supervised, not just a subst…
Could the Texas Board of Pardons and Paroles use a staff hearing officer for a final parole-revocation hearing without violating due process?
Yes. JM-494 concluded that the Board could delegate the hearing to a neutral and detached staff officer who made recommendations, while the Board retained the final revocation decision.
Who could approve a specific-use zoning permit in a Texas home-rule city: the city council, planning commission, or board of adjustment?
It depended on the permit's legal effect. JM-493 said only the city council could approve a specific-use permit that amended the zoning ordinance; the board of adjustment could grant a true special ex…
Could a Texas county commissioner vote to award a county construction contract to a company owned by the commissioner's sons?
JM-492 said the commissioner would violate article 988b if the required facts and criminal elements were proved, while unrelated commissioners would not violate that statute merely by voting for the a…
Could a Texas state agency require employees to take compensatory time instead of overtime pay under the FLSA rules discussed in 1986?
Yes, in the circumstances JM-491 addressed. The opinion concluded that allowing or requiring compensatory time at one and one-half hours for each overtime hour was consistent with the FLSA both before…
Could a Maryland state agency ask every job applicant whether they had ever been fined, placed on probation, or sent to jail, even for jobs where that history wouldn't matter?
In this 1986 opinion, the Attorney General concluded that Maryland state agencies could ask job applicants about criminal convictions and factor them into hiring decisions, but a blanket question aski…
Can a hospital get a copy of the recording of a patient's involuntary commitment hearing in Maryland?
In this 1986 opinion, the Attorney General concluded that a tape recording of an involuntary mental health admission hearing could be disclosed only to the patient or the patient's authorized represen…
Could a Texas school district pay crossing guards at intersections that did not touch school property?
Yes. JM-490 concluded that school funds could pay crossing guards away from school property when the school board found them necessary for student welfare, and that deciding where guards were needed w…
When a North Carolina county board of health wants to fire its County Health Director, can it discharge the director at will, or does the State Personnel Act (Chapter 126) protect the director?
Chapter 126 protects the director. § 126-5(a) covers all employees of local health departments unless specifically exempted, and no statute exempts the health director. The 1983 rewrite of Chapter 130…
Could a Texas county avoid liability for damaging a telephone company's buried cable by adopting a resolution disclaiming responsibility?
No. JM-489 concluded that a county could not unilaterally change the general law of tort liability or restrict a telephone company's statutory right to place cable in a county right-of-way, although t…
Can a Maryland doctor report a patient's medical condition, like seizures or poor vision, to the Motor Vehicle Administration if it might affect their ability to drive safely?
In this 1986 opinion, the Attorney General concluded that Maryland law generally authorizes, but does not require, physicians to report disorders involving lapses of consciousness or loss of visual ac…
Can a South Dakota city like Spearfish use its lodging-tax revenue to help fund a private nonprofit heritage museum? Does SDCL 10-52-8, which lets cities use that tax for 'civic center' and 'promotion of the city,' cover supporting a 501(c)(3) historical organization?
Yes. The AG concluded that SDCL 10-52-8 gave cities broad discretion to use lodging-tax money for civic center facilities and city promotion, and a heritage museum operated by a 501(c)(3) nonprofit wa…
Did Texas's letter-size paper purchasing rule for state agencies apply to courts, district clerks, and county clerks?
No. JM-488 concluded that the statute used state agency in the narrow sense of executive-branch agencies, so the judicial branch, district courts, district clerks, and county clerks were outside the p…
Which Texas county or hospital district had to pay medical bills for indigent prisoners jailed outside their home counties?
For the pre-September 1985 bills addressed in JM-487, the hospital districts where the prisoners resided were liable, not the county where they were jailed or the hospitals where treatment occurred.
In Maryland, how does a losing candidate or a voter actually get an election recount after a primary or general election?
In this 1986 opinion, the Attorney General summarized Maryland's two recount pathways: a defeated primary candidate must seek a recount under the detailed Subtitle 13 procedure within days of the elec…
Was a Texas county's janitorial-services contract exempt from competitive bidding as a personal-services contract?
It depended on the contract. JM-486 said the exemption applied if a specific individual had to perform the janitorial work, but not if a person or company merely had to supply workers to do it.
Could the same person serve as both a Texas county constable and a county jailer?
Yes, as a matter of law under JM-485. A constable held a civil office, but a jailer working under the sheriff's control did not, and the two positions were not inherently incompatible, although partic…
How did Texas's nonresident-bidder reciprocity rule affect highway contracts, and could an out-of-state bidder lower its bid after opening?
JM-484 said the reciprocity statute created a limited exception to the highway law's lowest-bidder rule for state and locally funded projects. It did not permit post-opening negotiations or bid adjust…
Could a Texas city opt out of the state vehicle-storage licensing law, and could the state agency set storage fees?
JM-483 said no to both. It found the city opt-out provision unconstitutional because it let a city suspend a general state law, and it found no statutory authority for the agency to regulate vehicle-s…
When did a felony require a Texas licensing board to suspend a professional license, and could the license later be reinstated?
JM-482 concluded that former article 6252-13c required license suspension when a felony conviction resulted in incarceration or when felony probation, parole, or mandatory supervision was revoked. It …
Could a Texas school require teachers to spend their statutory duty-free lunch in the cafeteria or remain on campus?
No. JM-481 concluded that the duty-free lunch statute barred both a cafeteria requirement and a rule requiring teachers to remain on school property during the 30-minute period, except for the statute…
Can a state legally impose a one-time tax on every licensed attorney to fund a mandatory legal malpractice insurance program?
In this 1986 opinion, the Attorney General approved Senate Bill 753 for constitutionality, concluding that a one-time $150 tax on every Maryland attorney to fund the initial surplus of a new mandatory…
Could a Texas veterans county service officer also serve as a paid city council member?
Yes. JM-480 concluded that the veterans service officer was a county employee performing ministerial assistance, not a civil officer, so the constitutional dual-office ban did not prevent simultaneous…
Did fees and investment earnings collected by the Texas Surplus Property Agency have to be deposited in the state treasury and appropriated before use?
Yes. JM-479 concluded that the agency's charges, fees, interest, and investment returns were subject to the State Funds Reform Act because the agency was a state agency and none of the act's exclusion…
Did property received in an oil exchange count as gross receipts for the Texas franchise tax, like cash from matching oil sales?
Yes. JM-478 concluded that cash from matching buy-sell contracts and property received in barrel-for-barrel oil exchanges were receipts from sales for the franchise-tax calculation.
Can a Texas justice of the peace take a personal check to pay a fine or court costs?
Yes, but he does not have to. JM-522 concluded that under article 43.02 of the Code of Criminal Procedure a justice of the peace may accept a personal check as conditional payment of fines, costs, and…
When did the religious-institution exemption excuse a Texas nonprofit from opening its financial records to the public?
JM-477 read the exemption narrowly. It covered nonprofits whose primary function was to provide, guide, or further religious worship, not every organization affiliated with a church or one that merely…
Could Webb County adopt central filing that assigned civil cases without letting attorneys choose the district court?
Yes. JM-476 concluded that the comprehensive Court Administration Act impliedly repealed the older Webb County provision letting filing attorneys designate the court, allowing local judges to adopt ce…
Could Texas agencies give state employees compensatory time instead of cash overtime after April 15, 1986?
Yes. JM-475 concluded that agencies could allow or require one and one-half hours of compensatory time for each overtime hour, taken within the following 12 months.
Could regional presiding judges assign judges to Harris County courts while the regular judges were present?
Yes. JM-474 concluded that the Court Administration Act authorized unrestricted judicial assignments statewide and repealed the special Harris County limitation.
Could the Texas AG decide whether solid-waste permit application fees were improperly high?
No. JM-473 concluded that whether the fees reasonably related to permit-processing costs was a fact question that the Attorney General opinion process could not decide.
If a Maryland official holds a testimonial dinner in their honor, do the ticket proceeds count as regulated campaign contributions or as a personal gift?
In this 1986 opinion, the Attorney General concluded that funds given to an official at a testimonial dinner are regulated political contributions under the Fair Election Practices Act, and therefore …
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