Opinions
Opinion No. GA-0019
Eduardo J. Sanchez, M.D., M.P.H. Commissioner of Health, Texas Department
of Health, 1100 West 49th Street Austin, Texas 78756-3199
Re: Whether drug pricing information collected by the Department of Health
and used by the Interagency Council on Pharmaceuticals Bulk Purchasing is
subject to disclosure under the Public Information Act (RQ-0585-JC)
S U M M A R Y
Neither the Texas Department of Health nor the Interagency Council on Pharmaceuticals
Bulk Purchasing may disclose "information that identifies a specific manufacturer
or wholesaler or the prices charged by a specific manufacturer or wholesaler
for a specific pharmaceutical."
See
TEX. HEALTH &
SAFETY CODE ANN. §110.006(g) (Vernon Supp. 2003). Information in the
possession of the Council is excepted from disclosure under the Public Information
Act as information considered to be confidential by statutory law.
Information that is confidential under section 110.006(g) in the possession
of the Council is also confidential while in the possession of the Department.
A member of the Council may not share with his or her agency the pricing information
made confidential by section 110.006(g).
The Interagency Council on Pharmaceuticals Bulk Purchasing is a governmental
body that has supervision or control over public business, and is thus subject
to the Open Meetings Act. The Council is not authorized to meet in executive
session to discuss drug pricing information made confidential under section
110.006(g) of the Health and Safety Code.
Opinion No. GA-0020
Ms. Cynthia S. Vaughn, D.C. President, Texas Board of Chiropractic Examiners,
333 Guadalupe, Suite 3-825 Austin, Texas 78701-3942
Re: Whether the Board of Chiropractic Examiners may by rule allow an individual
whose license has expired to take a different licensing examination from that
required under section 201.354(e) of the Occupations Code (RQ-0586-JC)
S U M M A R Y
Occupations Code section 201.354(e) provides, with certain exceptions,
that a person may not renew a license to practice chiropractic that has been
expired for one year or more but may obtain a new license by submitting to
reexamination and complying with the requirements for obtaining an original
license. The Board of Chiropractic Examiners does not have authority to adopt
a rule providing that such persons may be licensed by taking an examination
different from that required of first-time applicants
Opinion No. GA-0021
The Honorable Jane Nelson, Chair, Sunset Advisory Commission, P. O. Box
13066, Austin, Texas 78711-3066
The Honorable Warren D. Chisum, Vice Chair, Sunset Advisory Commission,
P. O. Box 13066, Austin, Texas 78711-3066
Re: Implementation of 1999 amendments to article XVI, section 30a, of the
Texas Constitution, which governs the membership and terms of office of members
of certain state boards (RQ-0587-JC)
S U M M A R Y
Members of advisory boards and advisory commissions are not "officers"
for purposes of sections 30 and 30a of article XVI of the Texas Constitution.
The determination as to whether a board or commission is advisory, whether
denominated "advisory" or not, must be made by an examination of the constitutional
and statutory provisions creating the board or commission and conferring duties
on them, taken in their entirety, and on a case-by-case basis. Attorney General
Opinion H-998 (1977) is hereby overruled to the extent that it holds that
a member of an advisory board or advisory commission is an "officer" for purposes
of sections 30 and 30a of article XVI.
Voting ex officio members of boards or commissions are included in determining
the number of members of the board or commission for purposes of section 30a
of article XVI of the Texas Constitution.
The Board of Pardons and Paroles, the State Medical Education Board, the
Texas Employees Retirement System, the Texas Municipal Retirement System,
and the Texas Water Development Board are all "required by this constitution"
for purposes of section 30a of article XVI of the Texas Constitution, and
the legislature need not increase or decrease the number of members of those
boards to comply with section 30a. The Board of Pardons and Paroles Policy
Board, the Texas Prepaid Higher Education Tuition Board, and the Texas Higher
Education Coordinating Board are not "required by this constitution" for purposes
of section 30a, and the legislature must either increase or decrease the number
of members of those boards to comply with section 30a.
We believe that it is likely that, if the Texas Supreme Court revisited
the issue addressed in
Texas National Guard Armory
Board v. McCraw,
126 S.W.2d 627 (Tex. 1939), it would uphold its conclusion
that sections 30 and 30a of article XVI do not apply to the lone military
member appointed to the Texas Military Facilities Commission. However, based
on the rationale of its holding in
McCraw,
it
is likely that the court would conclude that, because of the changed qualifications
and terms of office for civilian appointees to the commission, sections 30
and 30a do apply to them. The lone military appointee to the commission would
be included in determining the number of members of the commission.
For further information, please access the website
at www.oag.state.tx.us
or call the Opinion
Committee at 512/463-2110.
TRD-200301032
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: February 12, 2003
RQ-0014-GA
The Honorable Scott Sherwood, Carson County Attorney, P.O. Box 947, Panhandle,
Texas 79068-0947
Re: Whether a member of the city council of the city of Skellytown may
also serve as a member of the board of directors of the Skellytown Area Volunteer
Firefighters--EMS Association; whether the city may convey property to the
Association; and whether the city may include a mandatory fee in water bills
to pay for volunteer fire fighting services (Request No. 00014-GA)
Briefs requested by March 12, 2003
RQ-0015-GA
The Honorable Melanie Spratt-Anderson, Upton County Attorney, P.O. Box
890, Rankin, Texas 79778
Re: Whether a county with a population of less than 5000 may, for a fee,
perform work on private property or sell dirt to a private individual (Request
No. 0015-GA)
Briefs requested by March 12, 2003
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion Committee at (512) 463-2110.
TRD-200301035
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: February 12, 2003
Request for Opinions