TITLE attorney-general

Office of the Attorney General

Opinions

Opinion No. GA-0055

Mr. William M. Franz

Executive Director

State Board for Educator Certification

1001 Trinity Street

Austin, Texas 78701-2603

Re: Whether the State Board for Educator Certification may have access to school districts' teacher appraisals to use in approving educator preparation programs and certifying new teachers (RQ-0622-JC)

S U M M A R Y

The State Board for Educator Certification may not have access to school districts' teacher appraisals to use in approving educator preparation programs and certifying teachers. Under sections 21.352 and 21.355 of the Education Code, a school district's appraisal of a teacher is confidential, see TEX. EDUC. CODE ANN. §21.355 (Vernon 1996), and may be released by the school district only to the teacher or "to another school district at which the teacher has applied for employment at the request of that district," id. §21.352.

Opinion No. GA-0056

The Honorable Joe Crabb

Chair, Committee on Redistricting

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

Re: Whether a local government may broadcast information about registered sex offenders on a local cable television channel (RQ-0623-JC)

S U M M A R Y

A local government may broadcast on a local cable television station all information about a registered sex offender that is contained in the registration form for sex offenders, except for information that is excepted by article 62.08(b). See TEX. CODE CRIM. PROC. ANN. art. 62.08(a), (b) (Vernon Supp. 2003). A registrant's numeric risk level is not public information until it first appears in a newspaper in accordance with the provisions of chapter 62 of the Code of Criminal Procedure that require notice to be published.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/ 463-2110.

TRD-200302342

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 9, 2003


Request for Opinions

RQ-0034-GA

The Honorable Ted G. Walker

Jasper County Criminal District Attorney

Jasper County Courthouse

121 North Austin, Room 101

Jasper, Texas 75951

Re: Validity of imposing a fee on certain probationers and proper disposition of such fees (Request No. 0034-GA)

Briefs requested by May 4, 2003

RQ-0035-GA

The Honorable John F. Healey, Jr.

District Attorney, Fort Bend County

301 Jackson

309 South Fourth Street, Suite 258

Richmond, Texas 77469

Re: Whether a district attorney accrues lifetime service credit for longevity pay (Request No. 0035-GA)

Briefs requested by May 8, 2003

RQ-0036-GA

The Honorable Randall W. Reynolds

143rd Judicial District Attorney

Reeves, Ward, Loving Counties

P.O. Box 150

Pecos, Texas 79772

Re: Whether a home-rule municipality may ban the sale of glass containers of alcoholic or other beverages (Request No. 0036-GA)

Briefs requested by May 8, 2003

RQ-0037-GA

The Honorable Ray Montgomery

District Attorney, Leon County

Post Office Drawer 1010

Centerville, Texas 75833

Re: Mineral rights to land under the right-of-way of Farm Road 39 in Leon County (Request No. 0037-GA)

Briefs requested by May 8, 2003

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.

TRD-200302341

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 9, 2003