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-93-24 (ID#-16797).
Request from Saundra Waters, Chair, State Committee of Examiners for Speech-
Language Pathology and Audiology, Austin, concerning whether a teacher 
performing an internship under the Education Code, sec.13.0321, to obtain an 
additional certification in speech and hearing therapy is violating Texas Civil 
Statutes, Article 4512j.
Summary of Opinion.
Certification in speech and hearing therapy is not certification to teach at a 
grade level or in a subject area. Therefore, certified teachers cannot seek 
additional certification in speech and hearing therapy under the Education Code, 
sec.13.0321.
TRD-9323315
LO-93-25 (ID#-17927).
Request from H. Bate Bond, Comal County Auditor, New Braunfels, concerning what 
districts the county auditor is required to audit under the Local Government 
Code, sec.115.0035.
Summary of Opinion.
The "district" to which the Local Government Code, sec.115.0035, applies is the 
judicial district or districts in which the county in question is located.
TRD-9323316
LO-93-26 (RQ-447).
Request from Fred S. Brinkley, Jr., R.Ph., Executive Director/Secretary, Texas 
State Board of Pharmacy, Austin, concerning whether certain revenues that the 
State Board of Pharmacy collects are subject to consolidation under Chapter 403 
of the Government Code.
Summary of Opinion.
For purposes of Chapter 403 of the Government Code, revenues the State Board of 
Pharmacy generates from sources other than fines are deposited into a fund 
outside the state treasury. Section 403.094 and sec.403.095 of the Government 
Code therefore do not apply to the State Board of Pharmacy's fund.
TRD-9323317
LO-93-27 (ID#-19167).
Request from John Whitmire, Chairman, Criminal Justice Committee, Texas State 
Senate, Austin, concerning whether a policy officer employed by the City of 
Houston may simultaneously serve as a paid city commissioner in the City of 
Galena Park.
Summary of Opinion.
A municipal police officer is not as a matter of law prohibited from serving as 
an elected commissioner of another city in the same county.
TRD-9323318
LO-93-28 (ID#-17647).
Request from Eddie G. Shell, Burnet County Attorney, Burnet, concerning the 
authority to pronounce death and the requisites of a death certificate.
Summary of Opinion.
The Health and Safety Code, sec.671.001(d), authorizes a registered nurse to 
pronounce a patient dead if the licensed health care facility that employs the 
nurse has enacted written policies permitting a registered nurse to do so. 
However, the Health and Safety Code, sec.193.004(a), authorizes only that 
physician last in attendance on the decedent to provide the required medical 
certification if the death occurred with medical attendance. Neither a 
registered nurse nor a justice of the peace is authorized to provide the 
required medical certification.
TRD-9323319
LO-93-29 (ID#-18204).
Request from David J. Freeman, Executive Secretary, Texas Racing Commission, 
Austin, concerning whether an individual who was unassociated with a racetrack 
licensee at the time the racetrack was licensed or was operating may request 
reinstatement of the racetrack license under the Texas Racing Act, Texas Civil 
Statutes, Article 179e, sec.6.19.
Summary of Opinion.
It is not unreasonable to read the Texas Racing Act, Texas Civil Statutes, 
Article 179e, sec.6.19, to require the Texas Racing Commission to investigate 
any individual who requests reinstatement of a racetrack license under sec.6.19 
and who was unassociated with a racetrack licensee at the time the racetrack was 
licensed or was operating.
TRD-9323320
LO-93-30 (RQ-359).
Request from Jim Mapel, Criminal District Attorney, Brazoria County Courthouse, 
Angleton, concerning whether a home-rule city may adopt a nepotism rule that is 
more restrictive than state law.
Summary of Opinion.
A home-rule city may adopt a nepotism policy tat is more restrictive than 
sec.1(a) of the state nepotism law, Texas Civil Statutes, Article 5996a.
TRD-9323321
Opinions
DM-210 (RQ-207).
Request from Fred Toler, Executive Director, Texas Commission on Law Enforcement 
Officer Standards and Education, Austin, concerning construction of the 
Government Code, sec.415.058, addressing the effect of a felony conviction on 
the licensure of a law enforcement officer.
Summary of Opinion.
Under the Government Code, sec.415.058, a person is disqualified from serving as 
an officer or county jailer if the person is convicted of a felony. Such a 
person is once again qualified to hold a license to serve as an officer or 
county jailer if the person subsequently is pardoned expressly for proof of 
innocence, if the person subsequently is acquitted in a court of law, or if a 
court sets aside or dismisses the conviction. If a person is convicted of a 
felony, that person is disqualified to serve as an officer or county jailer even 
though he or she is appealing the decision. If the person succeeds on the 
appeal, however, and the court subsequently acquits the person or sets aside the 
person's conviction, the person is once again qualified to serve as an officer 
or county jailer.
TRD-9323322
DM-211 (RQ-230).
Request from David J. Freeman, Executive Secretary, Texas Racing Commission, 
Austin, concerning the authority of the Texas Racing Commission pursuant to 
sec.6.09 and sec.10.05 of the Texas Racing Act, Texas Civil Statutes, Article 
179e, to receive and regulate the use of breakage generated by pari-mutuel 
wagering on greyhounds.
Summary of Opinion.
The Texas Racing Act, Texas Civil Statutes, Article 179e, sec.6.09(d), requires 
all of the breakage allocated by that section, that is, the 50% of the breakage 
generated by pari-mutuel wagering on greyhound races, to be paid first to the 
Texas Racing Commission. That section also dedicates one-half of the 50%, or 
25%, to stakes races. The Texas Racing Commission is authorized by sec.6.09(d) 
to adopt rules regulating all breakage allocated by sec.6.09(d), including the 
25% set aside for stakes races. However, in accordance with sec.10.04 and 
sec.10.05 of the act, the Texas Greyhound Association may propose rules for the 
use of breakage it receives under the act, but those rules are subject to 
approval by the Texas Racing Commission.
TRD-9323323
DM-212 (RQ-427).
Request from Tracey Bright, County Attorney, Ector County Courthouse, Odessa, 
concerning whether a school district may contract with off-duty police officers 
and deputy sheriffs for security services, and related questions.
Summary of Opinion.
Article XVI, sec.40, does not as a matter of law prohibit city police officers 
and sheriff's deputies from serving as part-time security officers for a school 
district. City police officers, sheriff's deputies, and school-district security 
officers do not hold "civil officers" as a matter of law as that term is used in 
Article XVI, sec.40. Previous attorney general's opinions concluding to the 
contrary are overruled. We cannot determine, however, whether Article XVI, 
sec.40, prohibits any particular police officer or sheriff's deputy from serving 
as a security officer for a school district. Determining whether a particular 
city police officer, sheriff's deputy, or school-district security officer hold 
a civil office raises questions of fact, which cannot be addressed in the 
opinion process.
TRD-9323324
DM-213 (RQ-231).
Request from James W. Carr, Lavaca County Attorney, Hallettsville, concerning 
whether a commissioners court may limit the number of monthly supplemental 
workers' compensation payments to county employees already receiving such 
payments.
Summary of Opinion.
The Commissioners Court of Lavaca County may not reduce the number or amount of 
supplemental compensation payments made to a county employee injured prior to 
January 1, 1991, pursuant to a policy that obligates the county to pay, for the 
period the employee receives workers' compensation benefits, the difference 
between workers' compensation benefits and the employee's regular wages or 
salary.
TRD-9323325
DM-214 (RQ-476).
Request from David R. Smith, M.D., Commissioner of Health, Texas Department of 
Health, Austin, concerning impact of "leave without pay" provisions of the 
General Appropriations Act on the Workers' Compensation Act, Texas Civil 
Statutes, Article 8307c.
Summary of Opinion.
A state agency is not required to terminate an employee simply because that 
employee has been on unpaid leave in connection with a work-related injury for 
more than 12 months. The General Appropriations Act does not conflict with the 
Workers' Compensation Act. Rather, the appropriations act excepts employees on 
leave for work-related injuries from the 12-month limit. In addition, we believe 
the appropriations act permits agency heads to grant exceptions to the 12-month 
limit for employees on unpaid leave in connection with work-related injuries.
TRD-9323326
DM-215 (RQ-353).
Request from O. H. "Ike" Harris, Chairman, Jurisprudence Committee, Texas State 
Senate, Austin, concerning interpretation of the Insurance Code, Article 21.24-
1, sec.4(c), relating to assignment of health insurance benefits and waiver of 
deductibles or copayments.
Summary of Opinion.
The Insurance Code, Article 21.24-1, sec.4(c), clarifies that a health care 
provider who accepts an assignment of benefits is not relieved of any 
obligations regarding billing for or collecting a copayment or deductible. What 
a health care provider must do to satisfy any contractual obligations in this 
regard is not addressed by sec.4 and is beyond the scope of this opinion. We 
caution, however, that a health care provider would be ill advised to represent 
to a client or prospective client that a deductible or copayment will be waived 
in order to induce that individual to use the health care provider's services.
TRD-9323327
   
Requests for Opinions
(RQ-525). Request from Honorable O. H. "Ike" Harris, Chair, Committee on State 
Affairs, Texas State Senate, P.O. Box 12068, Austin, concerning the number of 
vacation days for fire fighters and police officers in cities or more than 
30,000.
(RQ-526).Request from Honorable Fred Hill, Chair, House Committee on Urban 
Affairs, Texas House of Representatives, P.O. Box 2910, Austin, concerning 
whether a home-rule city may adopt an ordinance that prohibits random drug 
testing by private employers within the city.
(RQ-527). Request from Nancy F. Braswell, Smith County Auditor, 100 North 
Broadway, Room 107, Courthouse, Tyler, concerning whether a non-English-speaking 
party to a civil suit has a right to have an interpreter county funds.
(RQ-528). Request from Honorable Luis V. Saenz, Cameron County District 
Attorney, Cameron County Courthouse, 974 East Harrison Street, Brownsville, 
concerning whether the 15% penalty authorized by the Tax Code, sec.33.07, is 
applicable to installment agreements entered into prior to July 1 of the year in 
which the taxes became delinquent, and related questions.
(RQ-529). Request from Rita Horwitz, Executive Director, State Pension Review 
Board, P.O. Box 13498, Austin, concerning whether a board of trustees of a 
public retirement system may meet in executive session to consider eligibility 
for disability retirement benefits.
(RQ-530). Request from Honorable Tracy Bright, Ector County Attorney, Ector 
County Courthouse, Room 201, Odessa, concerning whether a school district may, 
without violating the competitive bidding statutes, act as its own "general 
contractor" in letting bids for renovation and remodeling projects.
(RQ-531). Request from Honorable David Aiken, San Patricio County Attorney, San 
Patricio County Courthouse, Room 102, Sinton, concerning procedure for 
dissolution of a hospital district, and related questions.
(RQ-532). Request from Honorable Fred Hill, Chair, Committee on Urban Affairs, 
Texas House of Representatives, P.O. Box 2910, concerning reinstatement of a 
police officer by a city subject to Chapter 143, Local Government Code, which 
provides for municipal civil service, and related questions.
(RQ-533). Requested from Todd K. Brown, Executive Director, Texas Workers' 
Compensation Commission, 4000 South IH-35, Austin, concerning constitutionality 
of that portion of the Workers' Compensation Act, Article 8308, et seq., which 
requires a political subdivision to pay death benefits to the Subsequent Injury 
Fund.
(RQ-534). Request from Honorable Mike Driscoll, Harris County Attorney, 1001 
Preston, Suite 634, Houston, concerning whether a county may sell impounded 
animals to a research facility without complying with the "5-day holding period" 
required by the federal Pet Protection Act, and related questions.
TRD-9323314