State AG Opinions
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Could a Maryland town create a special downtown tax district to fund business promotion without specific state legislative authorization?
In this 1983 opinion, the Maryland Attorney General concluded that the City of Hagerstown could not create a special taxing district to finance downtown business promotion and management without new e…
Was Senate Bill No. 1's definition of intoxication as an alcohol concentration of 0.10% or more unconstitutionally vague?
No. JM-68 concluded that the per-se definition gave drinking drivers constitutionally adequate notice. It replaced a rebuttable presumption with an alternate statutory method of committing DWI while l…
Was the Texas Catastrophe Property Insurance Association's plan of operation an administrative rule, and if so, whose rule was it?
JM-67 said the plan was a rule of the State Board of Insurance, not of the association. The association could only propose a plan; the board's approval adopted it as the agency's broadly applicable st…
Could the Texas State Treasurer use wire transfers to move money between state depository banks and collect money into the treasury?
Yes. JM-66 said an inter-depository transfer kept money within the treasury and under the treasurer's control. The statutory remittance methods were minimum authorized forms, not an exhaustive ban on …
Could Mason County fund the general operations of a privately owned nonprofit hospital or pay it for indigent care and ambulance-related services?
The county could not donate money for the private hospital's general operations. It could contract for authorized county services such as indigent medical care and public-health ambulance functions if…
Did an appropriations rider violate the Texas Constitution by treating two affidavits as adequate proof of citizenship or residency for state-funded health services?
No. JM-64 said the affidavit sentence merely explained the rider's funding restriction and was necessarily connected and incidental to the appropriation. It did not amend other law or enact unrelated …
Did the county judge or county clerk control preparation of a commissioners court's meeting agenda?
Neither. JM-63 said the commissioners court as a whole controlled and could amend its agenda. It could designate an agenda clerk and prescribe submission procedures, but every court member had to be a…
Could lay bail bondsmen appear in bond-forfeiture proceedings and file motions for a bonding company, partnership, or corporate surety?
No. JM-62 said lay bondsmen could represent themselves and their own interests, but could not appear, prepare motions, or request relief for other people, partnerships, bonding companies, or corporate…
How did a county have to hold, disburse, and use state voter-registration reimbursement money?
JM-61 required deposit with the county treasurer in a special county-depository fund, commissioners-court action before disbursement, and use for reasonable registrar expenses directly attributable to…
Did Texas's small-school personnel-unit formula violate state equal protection or the constitutional duty to maintain an efficient public-school system?
No. JM-60 assumed without deciding that strict scrutiny might apply and found the formula justified by compelling resource-allocation needs. It also held that minimum enrollment and distance rules pro…
Were concession rights held by a nonprofit operating a golf course in a Texas state park exempt from property tax?
No. JM-59 said the underlying state land remained exempt because the golf course served a public purpose, but the concessionaire held a separately taxable possessory interest. The Tax Code exempted ce…
Could the legislature require Senate confirmation of executive-agency heads who were not appointed by the governor?
No. JM-58 said Senate confirmation under article IV, section 12 applied to governor-appointed state or district officers. Requiring confirmation of employees, non-state officers, or officers appointed…
Could a county contract with a homeowners association to dedicate county deputy sheriffs or constables to the association's area in exchange for payment?
JM-57 said no under the 1983 law and the particular contract, finding an improper restriction on deployment discretion and constitutional and public-policy defects. GA-0553 later overruled JM-57 to th…
Did serving on a Baltimore City park board or a Maryland county personnel board disqualify someone from serving on a judicial nominating commission?
In this 1983 opinion, the Maryland Attorney General concluded that a member of the Baltimore City Board of Recreation and Parks held an unpaid "office of trust" and a member of the Prince George's Cou…
Could a nonlawyer authorized agent represent a landlord or tenant in a justice-court eviction case under former Rule 747a?
No, according to JM-56. It construed 'authorized agents' to mean attorney agents because allowing a nonlawyer to manage the case for another party conflicted with the State Bar Act. A party could stil…
Could outgoing Lavaca Hospital District directors act on ordinary board business after election day but before their successors qualified and took office?
Yes. JM-55 said the outgoing directors remained de jure holdover officers with full powers until their successors qualified. Their expired terms and the board's election-canvass duty did not create a …
Could a judge who completed 20 years of service shortly before age 71 receive the extra 10% retirement annuity by retiring after turning 71?
No. JM-54 said a judge already eligible to retire before age 71 had to retire before that birthday to receive the additional 10%. The any-age exception applied to a judge who was not eligible at 70 an…
Did Maryland's public records law protect unsolicited letters commenting on a government job applicant's qualifications, not just letters the applicant asked someone to write?
In this 1983 opinion, the Maryland Attorney General concluded that the Public Information Act's exemption for "letters of reference" covered both letters an applicant solicited and unsolicited letters…
Did a married school employee need spousal consent for payroll deductions covering union dues, charitable gifts, loan payments, or insurance premiums?
Only when the deduction operated as security for a valid, enforceable debt. Voluntary, revocable union-dues and charitable deductions were not indebtedness and needed no spousal consent. Loan and insu…
Was it constitutional for Maryland to give a big property tax break to an all-male country club like Burning Tree?
In this 1983 opinion, the Maryland Attorney General concluded that a state law giving country clubs a preferential property tax assessment, while exempting single-sex clubs like Burning Tree Country C…
When did Senate Bill No. 94 repeal the Parks and Wildlife Code provisions listed in article 1, section 37, including fur-bearing-animal rules?
Each listed provision was repealed when a Parks and Wildlife Commission proclamation regulating the conduct covered by that provision took effect. The legislature adopted section 61.004's proclamation…
Could a Harris County constable charge the Industrial Accident Board for serving subpoenas issued for administrative hearings?
Yes, if the Harris County Commissioners Court authorized the fee. A new statute let commissioners courts set reasonable sheriff and constable service fees capped at the expense of providing the servic…
Could a Texas business corporation contribute to a nonprofit that performed nonpartisan research requested by a legislative caucus and shared the results broadly?
On the stated assumptions, yes. JM-50 found the contribution not necessarily barred or reportable under the corporate-donation, campaign-finance, lobbying, or bribery laws because the nonprofit did no…
Could a Hardin County district judge raise county-auditor assistants' salaries during the budget year and create a court-coordinator position without statutory authority?
The judge could approve midyear salary increases after a proper auditor application if spending stayed within anticipated revenue and the budget was lawfully amended. The judge could not unilaterally …
Could the Health Department withhold radioactive-waste license applicants' balance sheets, and did it have to treat an information request as continuing into the future?
A balance sheet could be withheld only on facts showing that release would substantially harm the submitter's competitive position; the bidding exception did not apply. The Open Records Act required p…
Could the Texas Animal Health Commission inspect livestock leaving Texas and use Form 2-71 even though the form was not named in statute?
Yes. Section 161.048 gave the commission discretion to inspect any livestock shipment moving within Texas, including outbound shipments. The commission could use Form 2-71, and the inspecting agent di…
Did the Veterinary Medical Examiners Board have to waive its examination for a veterinarian licensed in a state with substantially equivalent requirements?
No. Section 10(b) permitted but did not require a waiver. The board could create reciprocal licensing, continue requiring its examination, and consider any reasonable factor relevant to whether the ap…
Could a school district keep hiring an outside CPA as auditor after the CPA's first cousin joined the school board?
The nepotism law applied even if the CPA was an independent contractor. Continued hiring was permissible only if the CPA had been continuously employed or under contract as auditor for the entire two …
Could Harris County accept a donated swimming pool, charge pool admission and camping fees, and use the revenue to operate the pool?
Yes. JM-44 concluded that the Harris County park board could accept the donated pool, charge admission and camping fees, and use pool-admission revenue for the pool's operation, maintenance, and regul…
Was Texas Property Tax Code section 26.011, which limited certain reappraisal increases, constitutional?
No. JM-43 concluded that section 26.011 violated the Texas Constitution because it could value taxable property below market value without a specific constitutional authorization for special valuation…
Could Maryland law block a foreign bank like Allied Irish Banks from taking control of a Maryland bank holding company?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland statute flatly barring a foreign bank from becoming a bank holding company could not constitutionally be applied to block …
Can a Maryland condo board control what an owner does with a patio or balcony, and who has to maintain it?
In this 1983 opinion, the Maryland Attorney General concluded that a condominium board has statutory and declaration-based authority to control the appearance and any alteration of limited common elem…
Can a retired North Carolina state employee participate in the state employee suggestion system and collect cash awards for cost-saving ideas submitted after retirement?
No. The 1983 AG concluded that G.S. 143-340(1) limits participation in the state employee suggestion system to current state employees. The statute speaks of 'state employees' suggestions' and 'employ…
Could a Maryland county amend its charter to require a municipality's consent before county laws applied inside that town?
In this 1983 opinion, the Maryland Attorney General concluded that a newly enacted state law, Chapter 398 of the Laws of Maryland 1983, permitted a charter county to amend its charter so that county l…
Could Baltimore City's legislative delegation take back its approval of a city borrowing plan once it had already voted to approve it?
In this 1983 opinion, the Maryland Attorney General concluded that the Baltimore City Delegation to the General Assembly could rescind its approval of a proposed city debt or credit measure any time b…
Can a Maryland small business recover its attorneys' fees if a state agency sues it or files a complaint against it without a good reason?
In this 1983 opinion, the Maryland Attorney General concluded that under the Small Businesses Litigation Expenses Act, a small business (including a sole proprietorship, but not a nonprofit) that prev…
Could a Maryland retailer switch an existing revolving credit account to the new, less-regulated 1983 credit law just by giving customers notice?
In this 1983 opinion, the Maryland Attorney General concluded that a retailer could convert an existing open-end account governed by the Retail Credit Accounts Law into a new, less restrictive Subtitl…
If a North Carolina truck has four axles total but only three of them are touching the road (one lift axle is raised), does it count as a four-axle truck for the higher gross-weight limit, or as a three-axle truck capped at 47,500 pounds?
Three. The 1983 AG concluded that the legislative intent behind G.S. 20-118 was that the higher four-axle weight limit (64,000 pounds) applies only when the axles are actually load-bearing. A truck wi…
When can a North Carolina National Guard member start drawing the state pension under G.S. 127A-40, and which kinds of separation, federal-technician status, or other federal-pension status disqualify the member?
Only after separation. The 1983 AG concluded that the G.S. 127A-40 pension is payable only after the member meets the age and service requirements AND has been honorably discharged and separated from …
Could a Texas school district deposit student-organization activity funds in a credit union instead of its school depository bank?
Yes, for the activity funds described in JM-42. Because no identified statute or administrative rule required those custodial funds to be placed in the school depository, the district could deposit th…
Did Pacifica Foundation's KPFT radio station qualify for a Texas property-tax exemption as a charity or community service club?
No, based on the facts submitted. JM-41 concluded that Pacifica Foundation did not meet the Tax Code's requirements for either a charitable-organization exemption or a community-service-club exemption…
Did Maryland charge sales tax on prescription pet food and flea and tick products sold by veterinarians?
In this 1983 opinion, the Maryland Attorney General concluded that prescription diet foods and flea and tick powders and sprays for dogs and cats, whether sold by a veterinarian to a pet owner or purc…
In North Carolina, can a county board of commissioners get around the two-consecutive-term limit on county social services board members by appointing each of two sitting members to serve the 'unexpired term' of the other?
No. The 1983 AG concluded that the swap maneuver does not work. G.S. 108A-6 allows a vacancy-fill appointment to not count as a term, but a swap between two sitting members does not produce any vacanc…
Can a Texas chief appraiser cap a residence homestead exemption at fewer than 20 acres?
No. JM-40 concluded the chief appraiser has no discretion to set a minimum or maximum acreage. The exemption must cover any amount of land up to 20 acres that is used in the residential occupancy of t…
Could Travis County district judges count the tax assessor-collector's car allowance when setting the county auditor's salary?
No. JM-39 concluded a car allowance is an expense reimbursement, not compensation, so it could not be counted in the salary cap for the auditor. A valid salary order also stayed effective even though …
Can a Texas community mental health center let employees pay union dues through payroll deduction?
Yes, but it is not required to. JM-38 found the MHMR center is not a 'state governmental body' barred from making deductions, and it has permissive authority to offer union-dues payroll deductions if …
South Dakota statutes require bid bonds for 'public improvements' and certified checks for county building construction. They do not address materials, supplies, and equipment purchases. Can counties still require bid bonds or certified/cashier's checks for those general purchases, and if so, in what amounts and what forms?
Yes, counties have implied authority to require bid bonds, certified checks, or cashier's checks for purchases of materials, supplies, and equipment even though no statute expressly requires it. The a…
In 1983 South Dakota, when a school district crossed county lines and property in one county had been pushed to a higher adjusted taxable value than adjacent property in the lead county, could the county commission of the higher-valued side lower the taxable percentage to bring the values back together?
Yes, when the gap was more than 5%. Chapter 73 of the 1983 Laws let the county commission of the overlapped county reduce the taxable percentage applied to property in the joint district so that the a…
Could a Maryland county school board require school buses to meet safety specifications stricter than the state's minimum standards?
In this 1983 opinion, the Maryland Attorney General concluded that a county board of education, acting as a purchaser of school bus transportation services rather than as a regulator, could include co…
Are oral history interviews collected by a Texas public university open to the public under the Open Records Act?
Generally yes. JM-37 concluded oral history interviews acquired by a state university as part of its official activities are public information, though specific exceptions could shield portions, or in…
Did Maryland courts have the power to award joint custody of children in a divorce before the legislature passed a specific joint-custody law?
In this 1983 opinion, the Maryland Attorney General concluded that Maryland's equity courts already had inherent power, without any specific statute, to award joint or "shared" custody of children in …
Can the public get student evaluations of Texas university faculty used for tenure and pay decisions?
Usually not as to the students. JM-36 concluded student evaluations of faculty may be withheld under section 3(a)(14) of the Open Records Act if they identify individual students, and sometimes under …
Does a Texas junior college district have to help pay for the county appraisal district?
Yes. JM-35 concluded that Blinn College, as a taxing unit, must contribute to the county appraisal district's costs under section 6.06 of the Tax Code and pay for appraisal services performed after Ja…
What did prosecutors have to prove before a Maryland court would admit a DUI blood or breath alcohol test result?
In this 1983 opinion, the Maryland Attorney General concluded that the State had to introduce evidence that a blood or breath alcohol test was administered by a qualified person, that the equipment an…
Can an indigent Medicaid crime victim get money from Maryland's Criminal Injuries Compensation fund to cover unpaid hospital bills they never actually owe?
In this 1983 opinion, the Maryland Attorney General concluded that an indigent Medicaid recipient injured by a crime was not eligible for a Criminal Injuries Compensation award covering the balance of…
Could a Maryland county force its school board to forfeit unspent school construction money after three years, under a county charter rule?
In this 1983 opinion, the Maryland Attorney General concluded that a Harford County Charter provision requiring capital project appropriations to be treated as abandoned after three fiscal years witho…
Could a Maryland state agency stop a handicapped employee, such as one with epilepsy or alcoholism, from driving on the job even though the state hadn't revoked their driver's license?
In this 1983 opinion, the Maryland Attorney General concluded that a state agency's antidiscrimination obligations did not require it to permit an employee with epilepsy or alcoholism to drive on stat…
Can the president of a North Carolina telephone membership corporation also serve as a member of the state Rural Electrification Authority, or does that combination violate the state's dual-office-holding rule or its conflict-of-interest statute?
Yes, both seats. The 1983 AG concluded that simultaneously serving as president of a telephone membership corporation's board and as a member of the Rural Electrification Authority is not prohibited d…
If a retired Texas judge is elected to the bench again, does he keep drawing his judicial retirement annuity?
No. JM-34 concluded the annuity is suspended while a former retiree holds a covered judicial office, he must again contribute to the system, and on later retirement his benefits are recomputed as if t…
Can a Texas law require appointments to a state commission to consider race, sex, religion, or national origin?
No, not as to those categories. JM-33 concluded a directive to weigh race, creed, sex, religion, or national origin in appointments to the State Library and Archives Commission was unconstitutional, b…
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