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-92-71 (RQ-364).
Request from Ron Wilson, Chairman, Committee on Liquor Regulation, Texas House 
of Representatives, Austin, concerning questions relating to transfer of funds 
from the Metropolitan Transit Authority of Harris County of the City of Houston 
pursuant to Texas Civil Statutes, Article 1118x.
Summary of Opinion.
A metropolitan rapid transit authority may not transfer funds from its treasury 
to a municipality pursuant to Texas Civil States, Article 118x, sec.6(t) and 
sec.6(u) for purposes not authorized by those provisions. A municipality is not 
prohibited from deducting from its street maintenance budget amounts 
corresponding to the sum transferred to the city pursuant to sec.6(t) and 
sec.6(u), provided other provisions of the Local Government Code and the city 
charter or city code governing the city budget are complied with. Peace officers 
employed by a metropolitan rapid transit authority may investigate traffic 
accidents occurring within the boundaries of the authority.
TRD-9216048
LO-92-72 (ID-17347).
Request from Michael J. Guarino, Criminal District Attorney, Galveston County, 
Galveston, concerning whether the county is required to reimburse its elected 
judges for payment of annual dues assessed by the State Bar.
Summary of Opinion.
The Galveston County Commissioners Court is not required to reimburse its 
elected judges for payment of annual dues assessed by the State Bar of Texas.
TRD-9216049
LO-92-73 (ID-17433).
Request from R. F. Horka, District Attorney, Kountze, concerning whether an 
individual may be employed both as a constable elected by the people of his 
precinct and as a courtroom bailiff for a district court of the same county.
Summary of Opinion.
A constable is not precluded from serving simultaneously as a courtroom bailiff 
for a district court located in the county which he also serves as constable.
TRD-9216050
   
   
Opinions
DM-178 (RQ-79). Request from Kenneth H. Ashworth, Commissioner, Texas Higher 
Education Coordinating Board, Austin, concerning whether a junior college may 
borrow money to rehabilitate a historic building under the Education Code, 
sec.20.45.
Summary of Opinion.
The governing body of a junior college has the authority of an independent 
school district under the Education Code, sec.20.45, to pledge its delinquent 
local maintenance taxes as security for a loan. Loan proceeds secured under 
sec.20.45 may be used only for maintenance purposes of a school district or 
junior college district. Accordingly, the Alamo Community College District may 
use funds secured through a loan under the Education Code, sec.20.45, only for 
maintenance purposes of the junior college district.
TRD-9216046
DM-179 (RQ-406).
Request from James A. Lynaugh, Executive Director, Texas Department of Criminal 
Justice, Austin, concerning whether a defendant sentenced under the Penal Code, 
sec.12.422 is entitled to credit for the time the defendant is confined in a 
substance abuse treatment facility toward the satisfaction of the term of 
confinement in the institutional division of the Texas Department of Criminal 
Justice.
Summary of Opinion.
A judge must not apply time spent in a substance abuse treatment facility 
pursuant to the Penal Code,  sec.12.422, toward completion of the defendant's 
sentence if the court revokes the defendant's probation.
TRD-9216047
   
   
Requests for Opinions
(RQ-458). Request from Ms. Susan Cory, General Counsel, Texas Workers' 
Compensation Commission, Southfield Building, 4000 South IH-35, Austin, 
concerning whether Texas Civil Statutes, Article 8308-2.31, makes confidential 
information regarding an employer's violations of the Texas Workers' 
Compensation Act.
(RQ-459). Request from Bill Sims, Chairman, Natural Resources Committee, Texas 
Senate, Austin, concerning whether the Texas Structural Pest Control Act, Texas 
Civil Statutes, Article 135b06, exempts city employees who perform pest control 
services from its licensing requirements.
(RQ-460). Request from Annette Gula, Executive Director, Workers' Compensation 
Research Center, Austin, concerning applicability to research contracts of the 
Texas Workers' Compensation Research Center of the Appropriations Act order 
regarding recovery of indirect costs on interagency contracts.
(RQ-461). Request from Mark W. Stiles, Chairman, Committee on Ways and Means, 
Texas House of Representatives, Austin, concerning whether motor vehicle 
registration fees and taxes on motor fuels and lubricants may be used to fund 
public mass transit projects. (RQ-462). Previously ID #15399. It will be issued 
as an ORD.
(RQ-463). Request from Mike Driscoll, County Attorney, Harris County, Texas, 
1001 Preston, Suite 634, Houston, concerning authority of the Harris County Bail 
Bond Board to issue more than one bail bond license to a corporate surety, and 
related questions.
TRD-9216045