Attorney General

Description of Attorney
General submissions. Under provisions set
out in the Texas Constitution, the Texas Government Code, Title
4, sec.402.042 and numerous statutes, the attorney general
is authorized to write advisory opinions for state and local
officials. These advisory opinions are requested by agencies
or officials when they are confronted with unique or unusually
difficult legal questions. The attorney general also determines,
under authority of the Texas Open Records Act, whether information
requested for release from governmental agencies maybe held from
public disclosure. Requests for opinions, opinions, and open
record decisions are summarized for publication in the Texas
Register. The Attorney General responds to many requests
for opinions and open records decisions with letter opinions.
A letter opinion has the same force and effect as a formal Attorney
General Opinion, and represents the opinion of the Attorney General
unless and until it is modified or overruled by a subsequent
letter opinion, a formal Attorney General Opinion, or a decision
of a court of record.



Open Records Decisions


ORD-592 (RQ-9). Request
from Susan Kelley, General
Counsel, Texas Workers' Compensation
Commission, Austin, concerning
whether hospitals' lists of
charges submitted to Workers'
Compensation Commission are trade
secrets or "commercial and
financial information" under the
Open Records Act, sec.3(a)(10).

Summary of Decision.
 Hospital "chargemasters" (lists
of all the goods and
services provided by a
hospital, and the price
the hospital charges for
each of those good and
services) are not "trade
secrets" excepted from public
disclosure by the Open
Records Act, sec.3(a)(10).

In order to be excepted from required public disclosure under
the Open Records Act, sec.3(a)(10), "commercial or financial
information obtained from a person" must be "privileged or confidential"
under the common or statutory law of Texas. Open Records Decision
Numbers 107, 309, and their progeny are expressly overruled to
the extent they conflict with this decision.

Section 3(a)(4) is designed to protect the interests of governmental
bodies and not the interests of private parties submitting information
to the government.

TRD-9112223

   
   


ORD-593 (RQ-10).
Wayne Blevins, Executive Secretary,
Teacher Retirement System of
Texas, Austin, concerning whether
information about the Teacher
Retirement System's investment
in a building is excepted
from disclosure under the
Open Records Act, Texas
Civil Statutes, Article 6252-17a,
sec.3(a)(4).

Summary of Decision.
 The Teacher Retirement
System, as an entity
that is authorized by
both constitutional and statutory
law to invest its securities,
may be deemed, with regard
to those investments, a
"competitor" in the marketplace
for purposes of the Open
Records Act, Texas Civil
Statutes, Article 6252-17a, 
sec.3(a)(4). Whether release of
particular information would harm
the legitimate marketplace interests
of the system requires
a showing of the possibility
of some specific harm
in a particular competitive
situation. Here, TRS has
made such a showing.

TRD-9112221

   
   


ORD-594 (RQ-2110).
Joel V. Roberts, City
Attorney, City of Odessa,
Odessa, concerning whether information
regarding drug testing of
city employees is subject
to disclosure under the
Open Records Act, Texas
Civil Statutes, Article 6252-17a.

Summary of Decision.
 Certain information regarding
a city's drug testing
program for employees is
not excepted from required
public disclosure under the
Open Records Act, sec.3(a)(1).

TRD-9112220

   
   


Opinions


DM-30 (RQ-2114).
Request from Bill Sims,
Chairman, Administration Committee,
Texas State Senate, Austin,
concerning county clerk's duty
to provide duplicate microfilm
of county real estate
and deed records.

Summary of Opinion.
While a county clerk
may provide microfilm copies
of real estate and deed
records to the public,
the law does not impose
a duty to do so.
The Open Records Act
requires the county clerk
to provide suitable copies.
Attorney General Opinion JM-95
is overruled to the extent
of any conflict herewith.

TRD-9112251

   
   


DM-31 (RQ-75). Request
from Edmund Kuempel, Committee
on House Administration, Texas
House of Representatives, Austin,
concerning whether a city
may grant a homestead
exemption that would compromise
its outstanding bond obligations.

Summary of Opinion.
Under the Texas and the
United States Constitutions, a
city may not apply a
homestead exemption approved by
referendum in accordance with
the Texas Tax Code, 
sec.11.13(d) and (e) if doing
so will impair the obligation
of a contract creating
a debt incurred by the
taxing unit prior to
adoption of the exemption.
The Texas Tax Code, 
sec.11.13(i), authorizes the taxing
officers of the unit
to disregard the duly
adopted exemption when such
circumstances exist.

TRD-9112250

   
   


DM-32 (RQ-128). Request
from James F. Hury, Chairman,
Committee on Ways and
Means, Texas House of
Representatives, Austin, concerning
whether the enactment of
a bill that would permit
gambling within Texas waters
would have the effect
of permitting gambling on
Indian lands.

Summary of Opinion.
Under the Indian Gaming
Regulatory Act, 25 United
States Code sec.2701 et
seq., if the legislature
enacts a bill that would
permit Class III gaming
within Texas waters, such
gaming activity could also
be conducted on Indian
lands located within the
state. If the legislature
enacted a bill that would
delegate regulatory authority to
units of local government,
the statute would still
satisfy the requirements of
the federal statute and
thereby permit such gaming
activities to be conducted
on Indian lands. If the
requirements of sec.2719 of
Title 25 of the United
States Code are complied
with, then such gaming
activities could be conducted
on land acquired by Indian
tribes after the effective
date of the act.

TRD-9112249

   
   


DM-33 (RQ-116). Requests
from Carl A. Parker,
Chairman, Senate Subcommittee on
Insurance, Austin; John Montford,
Chairman, Senate Finance Committee,
Austin; Eddie Cavazos, Chairman,
House Committee on Insurance,
Austin; and Mark Stiles,
Chairman, Local and Consent
Calendars, Austin, concerning construction
of House Bill 2, 72nd
Legislature, amending the Insurance
Code.

Summary of Opinion.
Section 2.02 of House
Bill 2, which amends
Article 5.01 of the code
by adding a subsection
(f), applies both to
Lloyd's plans and to
interinsurance exchanges. Nothing
in House Bill 2 acts
to preclude the State
Board of Insurance from
utilizing experience ratings in
determining the benchmark rates
and flexibility bands required
by Subchapter M of Chapter
5 of the code or
to preclude insurers from
utilizing experience rating in
formulating their own manuals
as permitted under Subchapter
M.

TRD-9112248

   
   


DM-34 (RQ-2178).
Request from Tim Curry,
Criminal District Attorney, Tarrant
County, Fort Worth, concerning
division of authority over
the selection of prospective
jurors between a district
clerk and a jury administrator.

Summary of Opinion.
In a county that employs
electronic or mechanical equipment
as an aid in the
selection of names of
prospective jurors pursuant to
the Government Code, sec.62.011,
and also uses interchangeable
juries pursuant to the
Government Code, sec.62.016,
the district clerk must
be designated as the
officer in charge of
the selection process. Neither
the commissioners court nor
the district judges may
delegate specific duties relating
to the selection of names
of prospective jurors to
the bailiff of the central
to the Government Code,
sec.62.019, or to a
the district judges.

TRD-9112247

   
   


DM-35 (RQ-105). Request
from David Motley, Kerr
County Attorney, Kerrville, concerning
whether the Kerr County
Commissioners Court may abolish
the office of County
Public Weigher.

Summary of Opinion.
The Kerr County Commissioners
Court has authority to
abolish the elective office
of Kerr County Public
Weigher.

TRD-9112246

   
   


DM-36 (RQ-62). Request
from Larry E. Kosta,
Commissioner, Texas Department
of Licensing and Regulation,
Austin, concerning whether management
search consultants are subject
to regulation by the
Texas Department of Licensing
and Regulation given that
such consultants are exempt
from registration and bonding
requirements of the Personnel
Employment Services Act.

Summary of Opinion.
Texas Civil Statutes, Article
5221a-7, which regulates personnel
services, exempt "management search
consultants" from its registration
and bonding requirements. "Management
search consultants" are not
exempted from other requirements
of the act.

TRD-9112245

   
   


DM-37 (RQ-88). Request
from Joe Lucas, County
Attorney, El Paso County,
El Paso, concerning whether
a hospital district may
eliminate dental heath clinic
services it currently provides,
and if so, whether the
district remains financially responsible
for providing such services
to indigent residents of
the hospital district.

Summary of Opinion.
The El Paso County Hospital
District is statutorily authorized
by Health and Safety
Code, sec.285.051 and 
sec.285.052, to close its dental
clinic. This office cannot
opine on whether the
Hospital District is constitutionally
or statutorily required to
provide "urgent and emergent"
dental services to indigent
residents and is required
to pay for such services
if it does not provide
them directly.

TRD-9112244

   
   


DM-38 (RQ-2147).
Request from Ron Jackson,
Executive Director, Texas Youth
Commission, Austin, concerning
whether persons between the
ages of 18 and 21,
and under the supervision
of the Texas Youth Commission,
may be detained in local
juvenile detention facilities.

Summary of Opinion.
A ward of the Texas
Youth Commission between the
ages of 18 and 21
who has been arrested
for, charged with, or
convicted of any crime
may under no circumstances
be housed in the same
compartment of a facility
as, or permitted regular
contact with, any "child"
as defined in the Family
Code, sec.51.02.

TRD-9112243

   
   


DM-39 (RQ-92). Request
from Robert A. MacLean,
M.D., Acting Commissioner, Texas
Department of Health, Austin,
concerning construction of the
public hearing requirement for
certain state grants awarded
pursuant to the Human
Immunodeficiency Virus Services
Act, Chapter 85, Health
and Safety Code.

Summary of Opinion.
The Texas Department of
Health is not required
by the Human Immunodeficiency
Virus Services Act, Chapter
85 of the Health and
Safety Code, to hold
a public hearing prior
to the renewal of a
grant to a nonprofit
community organization; nor does
the act require the department
to hold a public hearing
before the award of an
initial grant that is
$25,000 or less. The
act requires the department
only to hold a public
hearing before awarding an
initial grant that exceeds
$25,000 or before awarding
a series of initial grants
to the same organization
that exceed $25,000.

TRD-9112242

   
   


DM-40 (RQ-2152).
Request from Burton F.
Raiford, Interim Commissioner,
Texas Department of Human
Services, Austin, concerning whether
federal law authorizes a
federal agency to require
the Department of Human
Services to delete certain
information from personnel files.

Summary of Opinion.
As federal law does not
authorize the EEOC to
require that records be
sealed, neither does it
authorize the EEOC to
require the deletion of
information from personnel files
in contravention of state
law.

The Open Records Act, sec.5, and the Government Code, 
sec.441.035(e), which provide for the destruction of certain state
records upon application to the director and the librarian of
the State Archives and Library Commission, may provide a mechanism
for deletion of certain records in compliance with state law
while permitting the inclusion of record expungement as a remedy
in voluntary EEOC settlements.

TRD-9112241

   
   


DM-41 (RQ-46). Request
from John Hannah, Jr.,
Secretary of State, Austin,
concerning whether a person
requesting records pursuant to
the Texas Open Records
Act may dictate the media
in which public information
must be provided and
related questions.

Summary of Opinion.
The seven months currently
used by the secretary
of state for providing
public access to corporation
records are "suitable" for
conveying the information in
those records to the
public. Formatting codes are
not "information" independently
subject to the Open Records
Act. The secretary of
sate is in compliance
with the Open Records
Act without making corporation
information available in an
additional format or medium
to those currently offered.

TRD-9112240

   
   


DM-42 (RQ-112). Request
from Eddie Cavazos, Chairman,
House Committee on Insurance,
Texas House of Representatives,
Austin, concerning validity of
statute releasing real estate
brokers in certain geographic
areas from continuing education
requirements.

Summary of Opinion.
Whether the use of geographical
classifications in the exemption
for certain real estate
brokers in sec.7A, subsections
(e) and (f) of the
Real Estate License Act,
from the continuing education
requirements for license renewal
violates federal or state
constitutional equal protection
requirements or the state
constitutional prohibition on local
or special laws involves
questions of fact that
cannot be resolved in
an attorney general opinion.

TRD-9112237

   
   


DM-43 (RQ-64). Request
from John B. Holmes,
Harris County District Attorney,
Houston, concerning whether the
acquisition and construction of
a monorail transit system
is subject to competitive
bidding.

Summary of Opinion.
The procurement of a
transit system employing monorail
technology by the Metropolitan
Transit Authority of Harris
County is subject to
the competitive bidding requirement
of Texas Civil Statutes,
Article 1118x. The board
of the authority is not
required to award a single
contract for the acquisition
and construction of the
transit system, but in
its discretion may divide
the project into components
and award separate contracts
for those components. The
board may grant a waiver
of competitive bidding in
favor of competitive negotiation
procedures upon a finding
of the conditions specified
in Article 1118x, sec.14(a).

TRD-9112239

   
   


DM-44 (RQ-89). Request
from Bill G. Carter,
Chairman, Committee on Public
Safety, Texas House of
Representatives, Austin, concerning
whether county commissioners have
the authority to set
boundaries for wet/dry elections
and other related questions.

Summary of Opinion.
A commissioners court is
authorized to set the
boundaries for a local
option liquor election only
in the circumstances prescribed
in the Alcoholic Beverage
Code, sec.251.80. A boundary
set by the commissioners
court under this provision
must as nearly as possible
conform to the boundary
of the former justice
of the peace precinct
for which the petition
requires an election be
held. Where the boundaries
of the former justice
of the peace precinct
are clearly defined by
public records, the county
commissioners have no discretion
to define the boundaries
differently for purposes of
a local option election.

Only those political subdivisions enumerated in the constitution
and statutes may exercise local option through the electoral
process prescribed by Chapter 251 of the Alcoholic Beverage Code,
and such elections must be held in the entire political subdivision
for which the election is called. No provision of the Alcoholic
Beverage Code authorizes the disfranchisement of voters in a
portion of a city that is within the political subdivision for
which the election is to be held.

TRD-9112238

   
   


DM-45 (RQ-65). Request
from Allen Hightower, Chairman,
Committee on Corrections, Texas
House of Representatives, Austin,
concerning whether the amendment
to the Code of Criminal
Procedure Article 42.18, regarding
the mandatory time that
inmates must serve prior
to eligibility for parole
is retroactive.

Summary of Opinion.
The effect of the 1987
amendments to the Code
of Criminal Procedure, Article
42.18, sec.8(b), reducing the
time prisoners must serve
before becoming eligible for
parole is not limited
with respect to the time
the crime was committed
or the date of conviction.

TRD-9112236

   
   


DM-46 (RQ-110). Request
from Dennis R. Jones,
Commissioner, Texas Department
of Mental Health and
Mental Retardation, Austin, concerning
whether the Texas nepotism
law, Texas Civil Statutes,
Article 5996a, is violated
when the superintendent of
a Texas Department of
Mental Health and Mental
Retardation school awards a
merit salary to his spouse,
who is employed at the
same facility.

Summary of Opinion.
The nepotism law, Texas
Civil Statutes, Article 5996a,
is violated when the
superintendent of a Texas
Department of Mental Health
and Mental Retardation school
awards a merit salary
increase to his spouse,
who is employed at the
same facility.

TRD-9112235

   
   


Requests for Opinions


(RQ-104). Request
from Robert A. Maclean,
Acting Commissioner, Texas Department
of Health, Austin, concerning
whether a qualified applicant
for a certified copy
of a death certificate
may receive the entire
copy if the cause of
death lists AIDS or HIV
infection.


(RQ-105). Request
from David Motley, County
Attorney, Kerr County, Kerrville,
concerning whether the commissioners
court may abolish the
office of the Kerr County
Weigher (issued as Attorney
General Opinion DM-35).


(RQ-106). Request
from Ron Jackson, Executive
Director, Texas Youth Commission,
Austin, concerning whether the
adoption of the Interstate
Compact on Juveniles authorizes
Texas Juvenile Probation Officers
to supervise delinquent juveniles
over the age of 17
or without regard to
the adjudicating offense and,
if so, whether the ICJ
obligate juvenile officers to
accept supervision of such
persons.


(RQ-107). Request
from Ron Wilson, Chairman,
Liquor Regulation Committee, Texas
House of Representatives, Austin,
concerning whether with the
Board of Directors of
the Texas High-Speed Rail
Authority meets the requirements
of Article XVI, sec.30(a)
of the Texas Constitution.


(RQ-108). Request
from Edna Ramon Butts,
Office of the Attorney
General, Finance Division, Austin,
concerning Rule of Texas
Agricultural Finance Authority
authorizing Commissioner of Agriculture
to approve or disapprove
application for loan guarantees
(withdrawn).


(RQ-109). Request
from Thomas R. Phillips,
Chief Justice, Supreme Court
of Texas, Austin, concerning
whether the Chief Justice
of the Supreme Court
of Texas violates the
Texas Constitution Article XVI,
sec.sec.12, 33, or 40,
or any other constitutional
provision or statute of
this state by serving
as a member of the
Board of Directors of
the State Justice Institute.


(RQ-110). Request
from Dennis R. Jones,
Commissioner, Department of Mental
Health and Mental Retardation,
Austin, concerning whether the
Texas nepotism law, Texas
Civil Statutes, Article 5996a,
is violated when the
superintendent of a Texas
Department of Mental Health
and Mental Retardation school
awards a merit salary
increase to his spouse,
who is employed at the
same facility (issued as
Attorney General Opinion DM-46).


(RQ-111). Request
from Romero Molina, Starr
County Attorney, Rio Grande,
concerning legality of contract
for legal servings between
school district and second
cousin of member of board
of trustees.


(RQ-112). Request
from Eddie Cavazos, Chairman,
Insurance Committee, Texas House
of Representatives, Corpus Christi,
concerning validity of statute
releasing real estate brokers
in certain geographic areas
from continuing education requirement
(issued as Attorney General
Opinion DM-42).


(RQ-113). Request
from Louise Waddill, R.N.,
Ph.D., Executive Director, Board
of Nurse Examiners, Austin,
concerning whether a state
agency may contract with
a private vendor to produce
an agency newsletter containing
advertisements solicited by the
vendor.


(RQ-114). Request
from Ted B. Lyon, Texas
State Senate, Austin, concerning
whether the Dallas City
Council may control the
use of funds confiscated
pursuant to the Asset
Forfeiture Fund.


(RQ-115). Request
from Ray Farabee, Vice
Chancellor, University of Texas
System, Office of the
General Counsel, Austin, concerning
whether a drug testing
policy proposed by the
University of Texas Health
Center at Tyler violates
the United States or
Texas Constitution.


(RQ-116). Request
from Carl A. Parker,
Chairman, Subcommittee on Insurance,
Texas State Senate, Austin,
concerning proper construction
of House Bill 2, Acts
1991, 72nd Legislature, Chapter
242, at 939, which effects
revisions to the Insurance
Code (issued as Attorney
General Opinion DM-33).


(RQ-117). Request
from Bob Neely, Executive
Director, Texas High-Speed Rail
Authority, Austin, concerning authority
of the Texas High-Speed
Rail Authority to contract
for legal services with
outside counsel using either
appropriated or nonappropriated
funds (withdrawn).


(RQ-118). Request
from James L. Crouch,
Executive Director, Public Utility
Commission, Austin, concerning
post employment restrictions on
former employees of the
Public Utility Commission Imposed
by Texas Civil Statutes,
Article 1446c, sec.6, and
by ethics law enacted
by Senate Bill 1, Acts
1991, 72nd Legislature, Chapter
304.


(RQ-119). Request
from John W. Segrest,
Criminal District Attorney, McLennan
County, Waco, concerning whether
the election of an alderman
in the city of Robinson
is valid under the Texas
Election Code, sec.141.001(a)(4).


(RQ-120). Request
from Robert H. Norris,
Executive Director, Architectural
Examiners Board, Austin, concerning
expenditure of appropriations to
Texas Board of Architectural
Examiners for costs of
administering licensing exam purchased
from national testing service.


(RQ-121). Request
from Jimmy F. Davis,
County/District Attorney, Castro
County, County Courthouse, Dimmitt,
concerning authority of commissioners
court over ex-officio road
commissioner's decision about transfer
of employees; constraints on
termination of full-time employees
by ex-officio road commissioners.


(RQ-122). Request
from Carmen Rivera-Worley, Val
Verde County Attorney, 207
East Losoya, Del Rio,
concerning whether a hospital
district may construct a
building to lease a private
physician and whether it
may use its Interest
and Sinking Fund Account
to finance construction of
the building.


(RQ-123). Request
from Mary Ann Courter,
Texas Department of Public
Safety, Assistant General Counsel,
Austin, concerning whether a
release of records pertaining
to juvenile's traffic fatality
is governed by subsection
(d) or (e) of the
Family Code, sec.51.14.


(RQ-124). Request
from Arnold W. Oliver,
Engineer-Director, State Department
of Highways and Public
Transportation, Austin, concerning
whether the Texas Department
of Highways and Public
Transportation may require a
public utility to enter
an indemnification agreement with
the state before allowing
the utility to use a
right of way owned by
the department.


(RQ-125). Request
from Lawrence J. Jacobi,
Jr. P.E., General Manager,
Texas Low-Level Radioactive Waste
Disposal Authority, Austin, concerning
construction of the Health
and Safety Code, sec.402.273,
providing for fees to
cover pre-operation costs of
low-level waste disposal sites.


(RQ-126). Request
from L. P. (Pete) Patterson,
Chairman, Committee on Agriculture
and Livestock, Texas House
of Representatives, Austin, concerning
whether an electric cooperative
is subject to the Open
Records Act.


(RQ-127). Request
from Honorable Joe Lucas,
El Paso County Attorney,
El Paso, concerning whether
a self-insured city must
obtain "excess" insurance through
competitive bidding, and related
questions.


(RQ-128). Request
from James Hury, Chairman,
Committee on Ways and
Means, Texas House of
Representatives, Austin, concerning
whether the enactment of
a bill that would permit
gambling within Texas waters
would have the effect
of permitting gambling on
Indian lands (issued as
Attorney General Opinion DM-32)
.


(RQ-129). Request
from Michael J. Guarino,
Criminal District Attorney, Galveston
County, Galveston, concerning whether
a county commissioner may
serve as a trustee of
a school district.


(RQ-130). Request
from Joe Lucas, El Paso
County Attorney, El Paso,
concerning whether a purchaser
has a duty to file
a subdivision plat pursuant
to Chapter 232, Local
Government Code, Texas Civil
Statutes, and related questions.


(RQ-131). Request
from Charles D. Travis,
Executive Director, Employees Retirement
System of Texas, Austin,
concerning whether ballots cast
in an election for a
member of the board of
trustees of the Employees
Retirement System are subject
to required public disclosure.


(RQ-132). Request
from Roman Martinez, Chairman,
Labor and Employment Relations,
Austin, concerning power of
home rule city to regulate
possession or consumption of
alcoholic beverages.


(RQ-133). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether a county constable
has a duty to service
civil process issued by
federal courts.


(RQ-134). Request
from Bill Sims, Texas
State Senate, Austin, concerning
questions concerning the effect
of Government Code, sec.406.014,
on Civil Practice and
Remedies Code, sec.121.005(a)
regarding acknowledgements of written
instruments.


(RQ-135). Request
from Helen Walker, Victoria
County Judge, Victoria, concerning
whether costs of office
of County Elections Administrator
may be funded by obligating
legal entities in county
to pay proportionate share
of costs.


(RQ-136). Request
from Bill Turner, Brazos
County District Attorney, Bryan,
concerning whether a juvenile
board created pursuant to
Chapter 152 of the Human
Resources Code has the
power to hire and discharge
members of a juvenile
probation department after it
has hired a chief juvenile
probation officer.


(RQ-137). Request
from Robert Eckels, Chairman,
County Affairs Committee, Texas
House of Representatives, Austin,
concerning scope of a
county's authority to construct
or lease buildings for
county use outside the
county seat pursuant to
Local Government code, 
sec.sec.292.002-292.003.


(RQ-138). Request
from Merrill L. Hartman,
Chairman, Court Reporters Certification
Board, Austin, concerning whether
Senate Bill 884, Acts
1991, 72nd Legislature, Chapter
591, applies to the Texas
Court Reporters Certification Board.


(RQ-139). Request
from Tom Craddick, Chairman,
Public Health Committee, Texas
House of Representatives, Austin,
concerning questions relating to
constitutional limits on the
state budget under Article
VIII, sec.22 of the
Texas Constitution.


(RQ-140). Request
from John C. Taylor,
Chairman, Board of Directors,
Guadalupe-Blanco River Authority,
Seguin, concerning whether a
member of the board of
a river authority may
serve on the board of
an appraisal district.


(RQ-141). Request
from Mike Driscoll, County
Attorney, Harris County, Houston,
concerning circumstances for which
fees may be assessed
or retained for executing
or processing arrest warrants
or capias pursuant to
the Code of Criminal
Procedures, Article 102.011.


(RQ-142). Request
from Gib Lewis, Speaker,
Texas House of Representatives,
Austin, concerning whether service
on the board of a
county education district constitutes
unconstitutional dual office holding,
and related questions.


(RQ-143). Request
from Burton Raiford, Interim
Commissioner, Department of Human
Services, Austin, concerning whether
Department of Human Services
may be required to post
bond when it's employees
adult protective services clients.


(RQ-144). Request
from Sandy Smith, Board
of Professional Land Surveying,
Austin, concerning applicability
to professional engineers continuing
education requirements for professional
land surveyors.


(RQ-145). Request
from Steven C. Hilbig,
Criminal District Attorney, Bexar
County, San Antonio, concerning
authority of the Bexar
County Commissioners Court to
employ outside counsel for
redistricting of precinct boundaries,
and related questions.


(RQ-146). Request
from Larry E. Kosta,
Executive Director, Department
of Licensing and Regulation,
Austin, concerning whether a
talent agency which follows
certain Department of Licensing
and Regulation rules violates
sec.2(b) and (c) and
sec.10(b) of the Texas
Talent Agency Act, Texas
Civil Statutes, Article 5221a-9.


(RQ-147). Request
from Ernestine V. Glossbrenner,
Chairman, Public Education Committee,
Texas House of Representatives,
Austin, concerning whether school
districts have the authority
to pay school employees
for accrued sick leave.


(RQ-148). Request
from Travis S. Ware,
Criminal District Attorney, Lubbock
County, Lubbock, concerning operation
of a jail commissary
under the Local Government
Code, sec.351.0415.


(RQ-149). Request
from Kenneth H. Ashworth,
Commissioner, Texas Higher Education
Coordinating Board, Austin, concerning
whether a part-time university
employee can satisfy prior
continuous service requirement
of nepotism law.


(RQ-150). Request
from Gene Green, Chairman,
Jurisprudence Committee, Texas
State Senate, Austin, concerning
authority of public housing
authority to regulate tenants'
possession of firearms, and
related questions.


(RQ-151). Request
from Senfronia Thompson, Chair,
Committee on Judicial Affairs,
Texas House of Representatives,
Austin, concerning authority of
Harris County Community Supervision
and Corrections Department over
Harris County personal bond
authority.

TRD-9112116