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-92-69 (RQ-16943).
Request from Jack W. Garison, Acting Executive Director, Texas Department of 
Licensing and Regulation, Austin, concerning disposition of interest earned on 
the auctioneer education and recovery fund.
Summary of Opinion.
The auctioneer education and recovery fund is a trust fund, which does not have 
to be placed in the treasury. Interest earned on the deposit of the fund in a 
state depository bank is credited to the fund and not to the general revenue 
fund.
TRD-9215200
LO-92-70 (RQ-17074).
Request from Georgina S. Gonzalez, Chair, Finance Commission, Austin, concerning 
whether one person may serve as commissioner of a department subordinate to the 
Finance Commission and as executive director of the Finance Commission 
consistently with the Texas Constitution, Article XVI, sec.40, and the common-
law doctrine of incompatibility.
Summary of Opinion.
The executive director of the Finance Commission has no statutory powers, nor 
may the Finance Commission delegate governmental powers to that position. 
Neither the Texas Constitution, Article XVI, sec.40 nor the common-law doctrine 
of incompatibility would prevent the commissioner of the Banking Department, the 
commissioner of the Savings and Loan Department, or the commissioner of the 
Consumer Credit Commission from serving the Finance Commission as its part-time 
executive director.
TRD-9215201
   
Opinions
DM-175 (RQ-425).
Request from Lionel R. Meno, Commissioner of Education, Texas Education Agency, 
Austin, concerning whether the Texas Constitution, Article VII, sec.5(d) permits 
the State Board of Education to lend securities owned by the permanent school 
fund in the manner and for the purpose set forth in the Education Code, 
sec.15.14.
Summary of Opinion.
The Texas Constitution, Article VII, sec.5(d), supersedes Attorney General 
Opinion MW-429 (1982). However, because the legislature did not have the 
authority to adopt sec.15.14 in 1979, it is void and is not revived by the 
adoption of the constitutional amendment in 1987. On the other hand, Article 
VII, sec.5(d) gives the Board of Education the authority to make any kind of 
prudent investment in managing the assets of the permanent school fund. This 
authority includes the authority to make an investment like the securities-loan 
program that the legislature attempted to authorize in sec.15.14, provided that 
this program meets the prudent-person standard set out in Article VII, sec.5(d).
TRD-9215199
DM-177 (RQ-416).
Request from Gibson D. (Gib) Lewis, Speaker, Texas House of Representatives, 
Austin, concerning whether a teacher returning to work after a leave of absence 
for temporary disability must be placed on active duty, and if so, when such 
service must commence.
Summary of Opinion.
The Education Code, sec.13.905(e), requires a school district, before the 
beginning of the next school year, to place on active duty an employee who 
wishes to return from a leave of absence for temporary disability. A principal 
at another campus in the school district voluntarily may the employee who wishes 
to return from leave of absence. However, if no other principal approves by the 
beginning of the next school year, the school district must place the teacher at 
the school at which the teacher formerly taught.
TRD-9215202

Requests for Opinions
(RQ-451-457).
(RQ-451) Request from Mr. James R. Wilson, Director, Texas Department of Public 
Safety, Austin, concerning whether, under Texas Civil Statutes, Article 179e, 
sec.2.16, an applicant for a racetrack license has a right of access to a 
background check on himself.
(RQ-452) Request from Honorable Eddie G. Shell, County Attorney, Burnet County, 
Burnet, concerning the authority of a county grievance committee to require its 
commissioners court to increase the office expenses of elected officials.
(RQ-453) Request from Mr. William M. Hale, Executive Director, Texas Commission 
on Human Rights, Austin, concerning whether local human rights commissions 
established pursuant to sec.4.02 of the Texas Commission on Human Rights Act, 
Texas Civil Statutes, Article 5221k, may file suit in state district court.
(RQ-454) Request from Honorable O. H. (Ike) Harris, Chairman, Jurisprudence 
Committee, Texas Senate, Austin, concerning whether the Texas Open Meetings Act, 
Texas Civil Statutes, Article 6252-17, prohibits the participation of a quorum 
of a governmental body in mediation proceedings pursuant to Chapter 154 of the 
Texas Civil Practice and Remedies Code concerning alternative dispute 
resolution.
(RQ-455) Request from Honorable John Sharp, Comptroller of Public Accounts, 
Austin, concerning whether land used to promote increase in population of an 
endangered species qualifies for agricultural use valuation for property tax 
purposes pursuant to sec.23.51 of the Texas Tax Code, and related questions.
(RQ-456) Request
from Honorable Tim Curry, Criminal District Attorney, Tarrant County, Texas, 
Justice Center, Fort Worth, concerning whether a proceeding to recover excess 
proceeds after a tax lien foreclosure requires a separate cause of action, and 
related questions.
(RQ-457) Request from Honorable Allen Ross Hightower, Texas House of 
Representatives, Austin, concerning assessment of costs for road improvements in 
unincorporated subdivisions, and related questions.
TRD-9215198