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.

Letter Opinions
LO-92-58 (RQ-394). Request from John H. Hannah, Jr., Secretary of State, Austin, 
concerning whether, and by what means, the State of Texas may accept legal title 
to surplus federal real property (RQ-394).
Summary of Opinion.
The State of Texas has the same right to acquire real or personal property as an 
individual, and may acquire real property by conveyance, will, or otherwise. The 
Natural Resources Code, sec.31. 065(a), authorizes the General Land Office, by 
the commissioner, to accept gifts, devises, or bequests of real property.
Such property becomes permanent school fund land unless otherwise specifically 
dedicated by the donor. Counties, by their commissioners courts, may acquire 
land located in the county from the federal government, under the authority of 
the Local Government Code, sec.270.004. Municipalities have authority to acquire 
real property under the Local Government Code, sec.273.001, for certain 
enumerated public purposes.
TRD-9214703
LO-92-59 (RQ-431).
Request from O. H. "Ike" Harris, Chairman, Senate Jurisprudence Committee, Texas 
State Senate, Austin, concerning validity of requirements of Real Estate License 
Act that applicants for real estate inspector or inspector-in-training licenses 
have completed certain numbers of supervised real estate inspections (RQ-431).
Summary of Opinion.
Determination of the constitutionality of the requirements of the Real Estate 
License Act that applicants for real estate inspector or inspector-in-training 
licenses have completed certain numbers of supervised real estate inspections 
would ultimately require findings of fact. However, that the Act imposes uniform 
statewide requirements rather than differing requirements for different areas 
would probably survive a constitutional challenge.
TRD-9214704
LO-92-60 (RQ-17233).
Request from Robert Eckels, Chairman, Committee on County Affairs, Texas House 
of Representatives, Austin, concerning whether a contractor on a building or 
construction project with a political subdivision of the state is required by 
the Workers' Compensation Act, Article 8308-3.23(c), to obtain workers' 
compensation insurance coverage for its employees employed on the project (ID# 
17233).
Summary of Opinion.
A contractor on a building or construction project with a political subdivision 
of the state is required by the Workers' Compensation Act, Article 8308-3.23(c), 
to obtain workers' compensation insurance coverage for its employees employed on 
the project.
TRD-9214705
LO-92-62 (RQ-16743).
Request from Bill Sims, Chairman, Senate Natural Resources Committee, Texas 
State Senate, Austin, concerning kinds of evidence a notary public may accept 
for the purpose of acknowledging a written instrument (ID# 16743).
Summary of Opinion.
The Civil Practice and Remedies Code, sec.121. 005(a), should be read together 
with the Government Code, sec.406.014(a)(5), to permit any one of three methods 
a notary public may use for proving the acknowledgment of a written instrument: 
the notary's personal knowledge that the person is in fact who he claims to be; 
introduction of the person to the notary by the declaration, under oath, of a 
credible witness; or identification of the person to the notary by an 
identification card issued by a governmental agency, or by a passport issued by 
the federal government.
TRD-9214706
LO-92-63 (RQ-16514).
Request from Tim Curry, Criminal District Attorney, Fort Worth, concerning 
whether a physician who monitors the treatment of a patient in an ambulance by 
telemetry "attends" that patient for purposes of the Code of Criminal Procedure, 
Article 49.25, sec.6 (ID# 16514).
Summary of Opinion.
Whether a physician who monitors an ambulance patient's care via telemetry 
"attends" the death for purposes of the Code of Criminal Procedure, Article 
49.25, sec.6 is a question which should be resolved by the legislature.
TRD-9214707
LO-92-64 (RQ-16516).
Request from Ron Resech, Executive Director, Texas Cosmetology Commission, 
Austin, concerning whether businesses which style hair, apply makeup, and take a 
portrait for a single fee are subject to the Cosmetology Regulatory Act, Texas 
Civil Statutes, Article 8415a, and related questions (ID# 16516).
Summary of Opinion.
A business which styles hair, applies makeup, and takes a portrait for a single 
fee and at which cosmetology services are performed is, under the circumstances 
discussed, subject to the licensure requirements of the Cosmetology Regulatory 
Act, Texas Civil Statutes, Article 8451a. The "for compensation" element of the 
Act's definition of "cosmetology" is met even though compensation is in the form 
of a single price which also includes compensation for non-cosmetological 
services. An establishment as which makeup removal is practiced is, under the 
circumstances discussed,
subject to the licensure requirements of the Act.
TRD-9214708
LO-92-65 (RQ-16699).
Request from Betty Denton, Chair, Committee on Judiciary, Texas House of 
Representatives, Austin, concerning authority of the Board of Barber Examiners 
to require a barber who rents or leases space in an existing, licensed barber 
shop to obtain a "booth rental permit" (ID# 16699) .
Summary of Opinion.
The State Board of Barber Examiners has no authority to require a barber who 
contracts or rents space from an existing licensed barber shop to have an 
individual "booth rental permit."
TRD-9214709
LO-92-66 (RQ-17439).
Request from Allen Hightower, Chairman, Committee on Corrections, Texas House of 
Representatives, Austin, concerning whether a physician contracting with the 
Texas Department of Criminal Justice would be eligible for state indemnification 
under the Civil Practice and Remedies Code, Chapter 104, on a malpractice claim 
(ID# 17439).
Summary of Opinion.
Physicians performing medical services under contract with the Texas Department 
of Criminal Justice fall within the scope of the provisions of the Civil 
Practices and Remedies Code, Chapter 104, requiring state indemnification of 
actual damages, court acts, or omissions occuring within the course and scope of 
their performance of services for state agencies, institutions, and departments.
TRD-9214710
LO-92-67 (RQ-197).
Request from David P. Weeks, Criminal District Attorney, Walker County, 
Huntsville, concerning whether, in cases in which law enforcement agency other 
than the sheriff's department obtains a preindictment warrant for arrest of an 
individual who is then arrested in another county, the duty to bring the 
prisoner back to the county issuing the warrant rests on the sheriff's 
department or the law enforcement agency that obtained the warrant (RQ-197).
Summary of Opinion.
When an arrest warrant is issued for an individual alleged to have committed an 
offense in County A, and the individual is arrested in County B, the sheriff of 
County A has the duty to arrange the transport of the individual back to County 
A.
TRD-9214711
LO-92-68 (RQ-16376).
Request from Robert Eckels, Chairman, Committee on County Affairs, Texas House 
of Representatives, Austin, concerning whether one individual may serve on both 
the Horizon City Town Council and the El Paso County Water Authority at the same 
time (ID# 16376).
Summary of Opinion.
The common-law doctrine of incompatibility bars one person from serving as a 
member of the Horizon City Town Council and as a director of the El Paso County 
Water Authority concurrently.
TRD-9214712
   
Open Records Decisions
ORD-609 (RQ-413).
Request from Georgia D. Flint, Commissioner, Texas Department of Insurance, 
Austin, concerning whether insurance underwriting guidelines are trade secrets 
exempt from the Texas Open Records Act (RQ-413).
Summary of Opinion.
Insurance underwriting guidelines acquired by the Department of Insurance 
pursuant to its subpoena power under the Insurance Code, Article 1.19-1, are 
exempt from disclosure under the Texas Open Records Act, sec.3(a)(1).
The question of whether underwriting guidelines acquired by the department 
pursuant to a special call are trade secrets exempted from disclosure under the 
Act, sec.3(a)(1), depends upon a factual determination as to whether particular 
insurers have kept the guidelines confidential. Such a factual decision is 
outside the purview of the opinion process. Should the department determine as a 
matter of fact that a particular insurer is not guarding the confidentiality of 
certain information, that information is not a trade secret as a matter of law.
TRD-9214713
   
Opinions
DM-174 (RQ-171).
Request from Mike Driscoll, Harris County District Attorney, 1001 Preston, Suite 
634, Houston, concerning authority of county clerk to charge fees under the 
Civil Practice and Remedies Code, sec.31. 008, and related questions (RQ-171).
Summary of Opinion.
The county clerk may not charge a filing fee
for the rendition of clerical services in connection
with the execution or preparation of a release
of judgment pursuant to the Civil Practices and
Remedies Code, sec.31.008. Section
31.008 neither requires nor prohibits the filing of the release of judgment in 
the court file for the particular case. The county is entitled to the fee 
authorized by the Local Government Code, sec.117.055, for accounting and 
administrative expenses incurred in handling funds deposited in the county 
clerk's trust fund pursuant to sec.31.008. It may not collect the fee at the 
time the funds are paid to the court.
TRD-9214714
DM-176 (RQ-90). Request from Parker McCullough, Chairman, Committee on Criminal 
Jurisprudence, Texas House of Representatives, Austin, concerning whether a 
question on a driver's license renewal form inquiring as to whether the 
applicant has had problems with alcohol or drug abuse is valid.
Summary of Opinion.
A question used by the Department of Public Safety on the driver's license 
renewal form, which asks, inter alia, whether the applicant had had a "problem" 
with alcohol or drug abuse, is unreasonable and therefore invalid.
TRD-9214715
   
Requests for Opinions
(RQ-442-450). Request from Mike Driscoll, County Attorney, Harris County, 
Houston, concerning whether the Texas Natural Death Act authorizes a physician, 
when treating an incompetent patient, to issue a Do-Not-Resuscitate Order where 
resuscitation is of little or no medical benefit.
(RQ-443). Was previously RQ-26. It will be issued as an open records decision.
(RQ-444). Was previously RQ-168. It will be issued as an open records decision.
(RQ-445). Was previously RQ-7. It will be issued as an open records decision.
(RQ-446). Request from Parker McCollough, Chairman, Criminal Jurisprudence 
Committee, Texas House of Representatives, Austin, concerning whether the board 
of the Texas High Speed Rail Authority legally may extend a funding deadline the 
board imposed in the "Order Awarding High-Speed Rail Franchise," and related 
questions.
(RQ-447). Request from Fred S. Brinkley, Jr., Executive Director/Secretary, 
Texas State Board of Pharmacy, Austin, concerning whether certain funds 
collected by the State Board of Pharmacy are subject to consolidation under 
Senate Bill 3, Acts 1991, 72nd Legislature, First Called Session, Chapter 4, at 
98 et seq.
(RQ-448). Request from Chet Brooks, Chairman, Committee on Health and Human 
Services, Texas Senate, Austin, concerning whether a regional transit authority 
operating under Texas Civil Statutes, Article 1118y, is subject to the Texas 
Tort Claims Act, Chapter 101, Civil Practices and Remedies Code, and related 
questions.
(RQ-449). Request from O.H. "Ike" Harris, Texas Senate, Austin, concerning 
whether a special events center whose purpose is to attract rodeos and similar 
events may be deemed a "project" under Texas Civil Statutes, Article 5160.6, and 
related questions.
(RQ-450). Request from Ken Armbrister, Texas Senate, Austin, concerning whether 
the Texas Racing Commission may require a Class 2 licensee to pay a fee for 
reinstatement of its license.
TRD-9214716