TITLE attorney-general

Re: Whether individual county commissioners are entitled to access medical insurance coverage information regarding a former commissioner and his wife (RQ-0077-GA)

SUMMARY

An individual county commissioner is entitled to access employee insurance records as necessary to effectively perform the commissioner's official duties as a member of the court, subject to privacy constraints imposed by state or federal law. The Medical Practice Act ("MPA") makes confidential patient-physician communications and records, and limits their disclosure and subsequent redisclosure. Under the MPA, any redisclosure of confidential information must be consistent with the authorized purposes for which the information was first obtained. Whether the Privacy Rule under the Federal Health Insurance Portability and Accountability Act of 1996 permits disclosure of medical insurance coverage information regarding a former commissioner and his wife cannot be answered without a full investigation and resolution of fact questions, which is beyond the scope of the opinion process. The exception in the Public Information Act relating to criminal investigations does not preclude county commissioners from accessing county records that they are otherwise entitled to review.

For further information, please access the web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-200400530

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: January 28, 2004

Opinions

Opinion No. GA-0133

The Honorable Leticia Van de Putte, R.Ph.

Chair, Veteran Affairs and Military Installations

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-2068

Re: Whether a certain promotional campaign violates chapter 40 of the Business and Commerce Code, the Contest and Gift Giveaway Act (RQ-0080-GA)

SUMMARY

A car key does not constitute a "winning number" under chapter 40 of the Business and Commerce Code, the Contest and Gift Giveaway Act. See TEX. BUS. & COM. CODE ANN. §40.003(a)(14) (Vernon 2002). For this reason, a promotional campaign pursuant to which a used car sales business distributes keys and offers to award a car as a prize to the person whose key starts the car does not constitute a "matched contest" under the Act. See id. §40.003(a)(7). If any of the promotional materials mailed by the business (including the written materials, the sealed envelope containing the key, or written information on the key) identifies the recipient by name or by number, letter, or symbol, then the item may constitute an "entry form" under the Act. See id. §40.003(a)(4). The determination whether a particular promotional campaign involves sales presentations or constitutes a contest within the meaning of the Act would require factual inquiry beyond the purview of an attorney general opinion.

Opinion No. GA-0134

The Honorable Ben W. "Bud" Childers

Fort Bend County Attorney

301 Jackson Street, Suite 728

Richmond, Texas 77469-3108

Re: Whether a tax abatement agreement entered into under the Property Redevelopment and Tax Abatement Act, chapter 312, Tax Code, may be amended retroactively (RQ-0081-GA)

SUMMARY

Section 312.208 of the Tax Code, permitting amendment of tax abatement agreements, does not modify the rule established by §11.42(a) of the Tax Code that a "person who does not qualify for an exemption on January 1 of any year may not receive the exemption that year." TEX. TAX CODE ANN. §11.42(a) (Vernon Supp. 2004). In addition, a retroactive amendment of a tax abatement agreement that extinguishes an existing tax liability violates article III, section 55 of the Texas Constitution.

Opinion No. GA-0135

The Honorable David K. Walker

Montgomery County Attorney

210 West Davis, Suite 400

Conroe, Texas 77301

Re: Whether a bail bond licensee may operate under one or more assumed names, and whether a bail bond board may regulate the number of names under which a licensee operates (RQ-0075-GA)

SUMMARY

In a county with a bail bond board, an individual who acts as a bail bond surety or an individual who acts as an agent for a corporate surety may operate under an assumed name, but may not use more than one assumed name. A corporate surety, like an individual bail bond surety, may not use more than one assumed name, but the corporation may operate through various individual agents, each of whom uses a distinct assumed name. Attorney General Letter Opinion 98-068 is overruled to the extent it conflicts with this opinion.

Opinion No. GA-0136

The Honorable Ray Montgomery

Leon County District Attorney

Post Office Drawer 1010

Centerville, Texas 75833

Re: Whether a company in which the Leon County Judge has a substantial interest may sell fuel and oil products to the county (RQ-0084-GA)

SUMMARY

A business entity in which the Leon County Judge owns a substantial interest may sell fuel or oil products to the County only if, in accordance with §171.004 of the Local Government Code, the judge has filed an affidavit "stating the nature and extent of" his interest in the company and abstains from participating in a deliberation or vote on any matter that will "have a special economic effect [on the company,] . . . distinguishable from its effect on the public." TEX. LOC. GOV'T CODE ANN. §171.004(a)(1) (Vernon 1999).

Opinion No. GA-0137

The Honorable Florence Shapiro

Chair, Education Committee

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-2068

Re: Whether House Bill 3534 invalidates or prohibits sales tax rebate contracts between a municipality and certain businesses (RQ-0085-GA)

SUMMARY

House Bill 3534, which amended §321.002(a)(3) and §321.203 of the Tax Code, prevents certain outlets, offices, facilities, or locations from qualifying as a "place of business of the retailer" for municipal sales tax purposes. House Bill 3534 does not invalidate existing municipal sales tax rebate contracts nor prohibit municipalities and businesses from executing new contracts.

For further information, please access the web site at www.oag.state.tx.us. or call the Opinion Committee at (512) 463-2110.

TRD-200400427

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: January 21, 2004

Request for Opinions

RQ-0161-GA

Requestor:

The Honorable Robert E. Talton

Chair, Committee on Urban Affairs

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78769-2910

Re: Validity of the Qualified Allocation Plan of the Texas Department of Housing and Community Affairs in light of amendments to Chapter 2306 of the Texas Government Code (Request No. 0161-GA)

Briefs requested by February 23, 2004

RQ-0162-GA

Requestor:

The Honorable Richard J. Miller

Bell County Attorney

P.O. Box 1127

Belton, Texas 76513

Re: Whether a statement to a reporter that a county official intends to run for another public office constitutes an "announcement" for purposes of Article XVI, Section 65 of the Texas Constitution (Request No. 0162-GA)

Briefs requested by February 26, 2004

RQ-0163-GA

Requestor:

D.C. Jim Dozier, J.D., Ph.D.

Executive Director

Texas Commission on Law Enforcement Officer Standards and Education

6330 U.S. Highway 290 East, Suite 200

Austin, Texas 78723

Re: Whether a peace officer may simultaneously hold a commission from more than one law enforcement agency (Request No. 0163-GA)

Briefs requested by February 26, 2004

RQ-0164-GA

Requestor:

The Honorable Robert E. Talton

Chair, Committee on Urban Affairs

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78769-2910

Re: Whether a peace officer may order the removal of a disabled vehicle to a location other than a vehicle storage facility (Request No. 0164-GA)

Briefs requested by February 26, 2004

For further information, please access the web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.

TRD-200400520

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: January 28, 2004