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.
Request for Opinions
(RQ-483). Request from Georgia D. Flint, Commissioner, Texas Department of 
Insurance, P.O. Box 2800, Austin, concerning whether certain documents prepared 
by a special deputy receiver under the Insurance Code sec.21. 28, are records of 
the judiciary; whether receivership is litigation for purposes of the Texas Open 
Records Act, sec.3(a)(3).
(RQ-484). Request from Mary Sapp, Executive Director, Texas Department on Aging, 
P.O. Box 12786, Austin, concerning the Human Resources Code, sec.101.63, 
provides immunity to volunteer ombudsmen in the Texas Department on Aging long-
term care ombudsmen program.
(RQ-485). Request from Gonzalo Barrientos, Chairman, Committee on Nominations, 
Texas State Senate, P.O. Box 12068, Austin, concerning validity of a state 
licensing fee assessed on certified public accountants who are employed by the 
federal government.
(RQ-486). Request from Charles Karakashian, Jr., Assistant General Counsel, 
Texas Department of Public Safety, 5808 North Lamar Boulevard, Box 4087, Austin, 
concerning whether Article 6252-17a, Texas Civil Statutes, sec.3(a)(11), excepts 
from public disclosure certain intra-agency policy and legal memoranda 
concerning the obtaining and use of social security numbers in connection with 
drivers license applications.
(RQ-487). Request from David Motley, County Attorney, Kerr County Courthouse, 
700 East Main Street, Kerrville, concerning use of forefeiture funds acquired 
pursuant to Chapter 59, Texas Code of Criminal Procedure.
(RQ-488). Request from Clema D. Sanders, Executive Director, Texas Board of 
Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, 
concerning whether, and to what extent, a full-time peace officer is exempt from 
the requirements of Texas Civil Statutes, Article 4413 (29bb), the Texas Board 
of Private Investigators and Private Securities Agencies Act.
(RQ-489). Request from Mike Driscoll, Harris County Attorney, 1001 Preston, 
Suite 634, Houston, concerning whether a justice of the peace may contract with 
his or her employees to assume liability for shortages, and related questions.
(RQ-490). Request from Gonzalo Barrientos, Chairman, Committee on Nominations, 
Texas State Senate, P.O. Box 12068, Austin, concerning status who are replaced 
by other nominees before the senate has had the opportunity to confirm or reject 
them in a regular or special session". The request was formerly opened as a 
Letter Opinion file but will be issued as a formal Attorney General Opinion.
(RQ-491). Request from David Smith, M.D., Commissioner, Texas Department of 
Health, 1100 West 49th Street, Austin, concerning whether the Health and Safety 
Code, sec.142.5, applied to nonprofit corporations, and related questions.
TRD-9319289