ATTORNEY GENERAL
 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 may be 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-93-114 (ID#-21704).
Request from Marcus D. Taylor, Criminal District Attorney of Wood County, 
Quitman, concerning whether the nepotism statutes require the termination of a 
deputy sheriff who has been employed by the elected sheriff for at least five 
years prior to the sheriff's marriage to the deputy's sister.
Summary of Opinion.
The nepotism provisions, now codified as Chapter 573 of the Government Code, do 
not require the termination of a deputy sheriff upon his sister's marriage to 
the sheriff when the deputy has served in his position for over one year 
continuously immediately before the sheriff's election to his present term. 
While the deputy sheriff continues in his position, the sheriff "may not 
participate in any deliberation compensation or dismissal of the individual if 
that action applies only the to individual and is not taken regarding a bona 
fide class or category of employees."
TRD-9436094
LO-93-115 (RQ-607).
Request from Allen Place, Chair, Committee on Criminal Jurisprudence, Texas 
House of Representatives, Austin, concerning whether it is a violation of the 
Private Investigators and Private Security Agencies Act for a reserve peace 
officer to perform traffic control flagperson duties on a construction site 
without being licensed by the Texas Board of Private Investigators and Private 
Security Agencies.
Summary of Opinion.
In the absence of an applicable statutory exception, it is a violation of 
sec.13(a) of the Private Investigators and Private Security Agencies Act (the 
act), Texas Civil Statutes, Article 4413(29bb), for a reserve peace officer to 
perform any service as a "guard company" as defined in sec.1(4) of the act 
unless the officer is licensed by the Texas Board of Private Investigators and 
Private Security Agencies.
TRD-9436095
LO-93-116 (ID#-22879).
Request from Judith Zaffirini, Chair, Health and Human Services Committee, Texas 
State Senate, Austin, concerning Scope of requirement of the Local Government 
Code, sec.232.0047, that a utility provider in certain counties hold a 
certificate of compliance with platting requirements with respect to land it 
connects with utility service.
Summary of Opinion.
Subsection (d) of sec.232.0047, Local Government Code, excepts from that 
section's requirement-that a utility provider in certain counties hold a 
certificate of compliance with platting requirements before connecting the 
utility service it provides-"land" which the provider had connected or served 
with the utility service prior to September 1, 1989, even if there have been 
changes subsequent to that date in the persons or entities receiving and/or 
being billed for such service.
TRD-9436096
LO-93-117 (RQ-625).
Request from Jeannene Fox, Acting Administrator, Texas Alcoholic Beverage 
Commission, Austin, concerning whether the Texas Lottery Commission may accept 
as security under the Bingo Enabling Act, Texas Civil Statute, Article 179d, 
sec.38(a), a written promise of a licensee to pay taxes and bingo prize fees if 
the commission deems that promise sufficient to secure the payment of required 
taxes and prize fees.
Summary of Opinion.
The Texas Lottery Commission may not, in any circumstance, accept as security 
under the Bingo Enabling Act, Texas Civil Statute, Article 179d, sec.38(a) a 
licensee's written promise to pay taxes and bingo prize fees if the promise is 
not subject to forfeit.
TRD-9436097
LO-94-001 (ID#-22815).
Request from Ron Wilson, Chair, Committee on Licensing and Administrative 
Procedures, Texas House of Representatives, Austin, concerning whether a private 
psychiatric treatment facility may provide airfare to a patient.
Summary of Opinion.
It is beyond the purview of the opinion process to scrutinize particular 
contracts between private individuals or entities and to determine whether they 
satisfy specific statutory requirements or are otherwise legally permissible. A 
private psychiatric facility which pays the transportation costs of patients 
should consider whether its practice violates sec.3.07(c) of Article 4495(b), 
Texas Civil Statute, and the Health and Safety Code, sec.161.091, as well as any 
other applicable state or federal statute or regulation.
TRD-9436098
LO-94-002 (ID#-22682).
Request from Bob Bullock, Lieutenant Governor of Texas, Austin, concerning 
whether the Sunset Act of the Government Code, Chapter 325, provides the 
exclusive means of reviewing the Public Utility Commission during the 73rd 
Legislative Session and prevents interim legislative committees from studying 
the regulation of public utilities and the Public Utility Commission.
Summary of Opinion.
Pursuant to House Concurrent Resolution 101 of the 73rd Legislature, the 
lieutenant governor and the speaker of the house have created the Joint Interim 
Committee on Telecommunications and the Joint Interim Committee on the Public 
Utility Commission to study and make recommendations on specific issues relating 
to the regulation of telecommunications and the organization, procedures, and 
functions of the Public Utility Commission and the Office of Public Utility 
Counsel. The Sunset Act, Government Code, Chapter 325, requires the Sunset 
Advisory Commission to review the Public Utility Commission and Office of Public 
Utility Counsel by September 1, 1994. The Sunset Act does not provide the 
exclusive means by which the Public Utility Commission may be reviewed, and does 
not prohibit or limit either of the two interim committees from performing their 
charges. The charges to the two committees are not in conflict with the Texas 
Sunset Act. Neither a concurrent resolution nor an interim committee established 
pursuant to a concurrent resolution has authority to usurp the functions of the 
Sunset Advisory Commission or otherwise to prevent it from carrying out its 
statutory duties.
TRD-9436099
LO-94-003 (ID#-22243).
Request from Albert G. Valadez, District Attorney, 83rd Judicial District of 
Texas, Fort Stockton, concerning grand jury terms in the 83rd District Court, 
Brewster County.
Summary of Opinion.
Pursuant to the provisions of subdivision (l), subsection (c) of the Government 
Code, sec.24.185, Brewster County has four annual grand jury terms. Those terms 
will commence for calendar year 1994 on January 31, March 21, August 1, and 
September 19.
TRD-9436100
LO-94-004 (ID#-23532).
Request from Roy W. Wiesner, Waller County Auditor, Hempstead, concerning 
procedure for setting annual salaries of elected county officials.
Summary of Opinion.
County and precinct officers of Waller County are not entitled to the three 
percent across-the-board salary increase adopted by the Waller County 
Commissioners Court, because the special notice required by the Local Government 
Code, sec.152.013, was not published.
TRD-9436101
LO-94-005 (ID#-20997).
Request from Daniel C. Rice, District Attorney, 9th Judicial District, Conroe, 
concerning whether the composition of a board established pursuant to the Local 
Government Code, sec.262.011, for the county purchasing agent must change in 
accordance with that section if the county's population moves above or below 
150,000.
Summary of Opinion.
The composition of a county purchasing agent under the Local Government Code, 
sec.262.011, must change in accordance with that section if the county's 
population moves above or below 150,000.
TRD-9436102
LO-94-006 (ID#-17797).
Request from Michael G. Mask, County Attorney, Jacksboro, concerning disposition 
of surplusage in an interest and sinking fund account.
Summary of Opinion.
If no explicit provision was made at the institution of an interest and sinking 
fund for the disposition of any surplusage after the retirement of the bonded 
indebtedness for which the fund was established, such surplus should be refunded 
to the taxpayers.
TRD-9436103
LO-94-007 (RQ-21133).
Request from Sam C. Turk, Major General (TX) , TXARNG, Adjutant General, Austin, 
concerning whether a city may deny military leave to an employee called up by 
the Texas National Guard for special service.
Summary of Opinion.
A municipal employee is entitled to the 15-day leave of absence for military 
duty authorized by the Government Code, sec.431.005, whether the military 
service for which the employee is called up is annual duty or special service.
TRD-9436104
LO-94-008 (ID#-22659).
Request from Robert T. Jarvis, Grayson County Attorney, Grayson County Justice 
Center, Sherman, concerning whether a home-rule municipality may use public 
funds to pay one year of the property taxes, maintenance costs, and insurance 
costs for a private nonprofit corporation that holds land within the 
municipality for sale to industrial prospects.
Summary of Opinion.
Pursuant to Article III, sec.52(a) and Article XI, sec.3 of the Texas 
Constitution, the governing board of a home-rule municipality must, prior to 
expending public funds to pay one year of the property taxes, maintenance costs, 
and insurance costs for a private nonprofit corporation that holds land within a 
municipality for sale to industrial prospects, determine in the first instance 
that such expenditure serves a legitimate public purpose and that the city has 
placed sufficient controls on the transaction to ensure that the public purpose 
will be carried out.
TRD-9436105
LO-94-009 (ID#-21366).
Request from Keith Oakley, Chair, Committee of Public Safety, Texas House of 
Representatives, Austin, concerning whether an individual may lawfully carry a 
handgun while fishing on a privately owned pier that is open to the public and 
licensed by the Texas Alcoholic Beverage Commission.
Summary of Opinion.
The Penal Code, sec.46.02, prohibits an individual from carrying a handgun while 
engaging in the sport of fishing on a privately owned pier that is open to the 
public and on which the owner of the pier is licensed by the Texas Alcoholic 
Beverage Commission to sell alcoholic beverages.
TRD-9436106
LO-94-010 (ID#-21832).
Request from Kenny Marchant, Chair, Committee on Investments and Banking, Texas 
House of Representatives, Austin, concerning whether a county treasurer must 
provide access to the actual returned and unpaid checks issued by the county, in 
lieu of a computer printout listing such checks, when the actual checks are 
requested under the Open Records Act, Government Code, Chapter 252, and related 
questions.
Summary of Opinion.
Under the circumstances of this case, when a requestor seeks access to original 
unpaid checks under the Open Records Act, a county treasurer must provide the 
original checks rather than a computer printout of the information found on the 
checks. A county treasurer must provide access to public records on a daily 
basis for a minimum of ten days per request, a minimum of 20 days if the 
requestor makes a timely request for an extension, and a minimum of 30 days if 
the requestor properly seeks additional time in writing under the Government 
Code, sec.542.225. Assuming that the records do not contain information made 
confidential by sec.552.101, a county treasurer may not charge for access to 
public records up to legal size under the act. If the records are larger than 
legal size or if they are maintained in computer record banks, microfilm 
records, or other similar record keeping systems, the requestor must bear the 
cost of access to the records. The actual cost of providing access to other than 
up to legal size records includes all costs related to providing the records, 
including costs of materials, labor, and overhead. If a request is made for a 
copy of a record maintained by a county treasurer, the county treasurer may 
charge $1.00 per copy pursuant to the Local Government Code, sec.118.141. A 
county treasure may not treat a request from a "money hunter" any differently 
than a request from the general public under the act or under the Local 
Government Code, sec.118. 141.
TRD-9436107
LO-94-011 (RQ-604).
Request from Hugo Berlanga, Chair, Committee on Public Health, Texas House of 
Representatives, Austin, concerning reconsideration of Attorney General Opinion 
WW-1246(1962).
Summary of Opinion.
Attorney General Opinion WW-1246 (1962) is overruled. For the purposes of the 
exemption from tuition and fees for higher education for veterans authorized by 
the Education Code, sec.54.203, discharges under honorable conditions should be 
treated as the equivalent of honorable discharges.
TRD-9436108
LO-94-012 (ID#-23780).
Request from Rene O. Oliveira, Chair, Economic Development Committee, Texas 
House of Representatives, Austin, concerning whether the union membership of a 
director of the Brownsville Navigation District disqualifies him or her from 
voting on certain matters.
Summary of Opinion.
Absent a violation of Chapter 171 of the Local Government Code, the union 
membership of a director of a navigation district does not disqualify him or her 
from voting on certain matters before the district.
TRD-9436109
LO-94-013 (ID#-22548).
Request from David T. Tatum, Interim Executive Director, Texas Commission on 
Alcohol and Drug Abuse, Austin, concerning whether the Texas Commission on 
Alcohol and Drug Abuse may investigate a complaint regarding the conduct of a 
person practicing as a chemical dependency counselor if the alleged conduct 
occurred prior to January 1, 1992.
Summary of Opinion.
The Texas Commission on Alcohol and Drug Abuse may not investigate a complaint 
regarding the conduct of a person practicing as a chemical dependency counselor 
if the alleged conduct occurred prior to January 1, 1992, and violates Texas 
Civil Statutes, Article 4512o, sec.16(1), (2), (3), (5), (6), or (8). However, 
the commission may investigate a claim that, prior to January 1, 1992, a person 
who is now a licensed chemical dependency counselor, or who is applying to be a 
licensed chemical dependency counselor, violated Texas Civil Statutes, Article 
4512o, sec.16(4), (7), and (9) because the actions specified in those 
subsections were unlawful prior to the effective date of Article 4512o. The 
commission may not investigate any alleged violations of 40 TAC sec.150. 22 that 
occurred prior to sec.150.22's effective date, January 10, 1992.
TRD-9436110
LO-94-014 (ID#-22899).
Request from Bryan M. Perot, Executive Officer, Texas Polygraph Examiners Board, 
Austin, concerning whether the Psychologists' Certification and Licensing Act, 
Texas Civil Statutes, Article 4512c, precludes licensed polygraph examiners from 
referring to themselves as "forensic psycho-physiologists" or to the polygraph 
services they provide as "the psychophysiological detection of deception" or 
"forensic" psychophysiology".
Summary of Opinion.
A polygraph examiner who uses the term "psychophysiologist" to describe his or 
her profession, or the terms "psychophysiological" and "psychophysiology" to 
describe his or her services is not subject to the Psychologists' Certification 
and Licensing Act, Texas Civil Statutes, Article 4512c, by virtue of sec.22(c) 
of that act. The Polygraph Examiners Act, Texas Civil Statutes, Article 
sec.4413(29cc), does not authorize licensed polygraph examiners to describe 
their licenses as anything other than "polygraph examiner's licenses" or to 
describe themselves as anything other than "licensed polygraph examiners," or 
authorize the board to issue anything other than "polygraph examiner's 
licenses."
TRD-9436111
LO-94-015 (ID#-21326).
Request from Barbara J. Childress, Chair, Texas Commission on Law Enforcement 
Officer Standards and Education, Austin, concerning propriety of Texas 
Commission on Law Enforcement Standards and Education by rule applying 
requirements regarding licensure of peace officers to licensure of public 
security officers, and related questions.
Summary of Opinion.
Except as noted, the Texas Commission on Law Enforcement Officer Standards and 
Education may by rule apply the same licensure reporting requirements, and bases 
for license revocations and suspensions, for peace officers and public security 
officers, if the rules are otherwise within their authority.
TRD-9436112
LO-94-016 (ID#-16536).
Request from John Sharp, Comptroller of Public Accounts, Austin, concerning 
whether an appraisal district is authorized to maintain an addressing system for 
the provision of 9-1-1 emergency services.
Summary of Opinion.
An appraisal district is not authorized to assign official addresses to rural 
parcels of land for the provisions of 9-1-1 emergency services. The 
commissioners courts are expressly empowered to assign addresses under Texas 
Civil Statutes, Article 6702-1, sec.2.011.
TRD-9436113
LO-94-017 (ID#-21129).
Request from Linda Shoemaker Lowrey, Criminal District Attorney, 121st Judicial 
District, Plains, concerning whether, under Chapter 2257 of the Government Code, 
a depository institution may secure a deposit of public funds with Small 
Business Administration Certificates.
Summary of Opinion.
Pursuant to Chapter 2257 of the Government Code, a municipal depository 
institution may secure a deposit of public funds with, among other things, "an 
obligation that in the opinion of the attorney general of the United States is a 
general obligation of the United States and backed by its full faith and credit" 
or an obligation of the United States or its instrumentalities. Whether a 
particular investment security is eligible to secure a deposit of public funds 
is a question that the municipality must determine in the first instance.
TRD-9436114
LO-94-018 (ID#-23386).
Request from Mike Driscoll, Harris County Attorney, Houston, concerning whether 
Harris County is authorized to acquire county park land located outside the 
boundaries of Harris County.
Summary of Opinion.
In acquiring county park land, Harris County is limited by the Local Government 
Code, sec.331.001, to land within the county.
TRD-9436115
LO-94-019 (RQ-523).
Request from Mike Driscoll, Harris County Attorney, Houston, concerning whether 
an appraisal review board, under the Tax Code, sec.25.25(d), may correct the 
market value of real property that receives productivity valuation under Chapter 
23 of the Tax Code.
Summary of Opinion.
Pursuant to the Tax Code, sec.25.25(d), an appraisal review board may correct an 
erroneous market value of real property that was appraised at a value based on a 
capitalization method used under the Tax Code, sec.sec.23.41, 23.52, or 23.73 if 
the corrected market value would be less than the appraised value and the other 
conditions of sec.25.25(d) are satisfied.
TRD-9436116

Open Records Decision
ORD-622 (RQ-552). Request from Steve Baker, City Attorney, City of Galveston, 
Galveston, concerning whether social security numbers are excepted from public 
disclosure under the Open Records Act, sec.552.101, in conjunction with federal 
law, and whether the former home addresses and telephone numbers of public 
employees are accepted from public disclosure under sec.552.117(1)(A) of the 
act.
Summary of Opinion.
A social security number is excepted from required public disclosure under the 
Open Records Act, sec.552.101, in conjunction with 1990 amendments to the Social 
Security Act, 42 United States Code, sec.405(c)(2)(C)(vii), only if it was 
obtained or is maintained by a governmental body pursuant to any provision of 
law, enacted on or after October 1, 1990. The former home addresses and 
telephone numbers of public employees are excepted from required public 
disclosure under the Open Records Act, sec.552. 117(1)(A).
TRD-9436117

Opinions
DM-279 (RQ-295).
Request from James L. Anderson, Jr., Aransas County Attorney, Rockport, 
concerning whether a concrete material company owned by a county commissioner 
may provide services and materials to the county or to another contractor under 
contract with the county.
Summary of Opinion.
Chapter 171 of the Local Government Code authorizes a county to enter into 
contracts or take actions in which a member of the commissioners court is 
pecuniarily interested to the same extent that other local governmental bodies 
may take such actions. The Local Government Code, sec.81.002, which requires the 
county judge and each county commissioner to take an oath that he will
not be directly or indirectly interested in a contract with the county, is 
impliedly repealed to the extent it is inconsistent with Chapter 171. If Aransas 
County decides to buy materials from a corporation owned entirely or in large 
part by a member of the commissioners court, this decision will, as a matter of 
law, "have a special economic effect on the... [corporation] that is 
distinguishable from the effect on the public." The county commissioner who owns 
the corporation will have to file the affidavit and abstain from further 
participation in the matter, including participation in discussion leading up to 
a vote or decision on the contract. Attorney General Opinion JM-1090 (1989) is 
modified to the extent it is inconsistent with this opinion.
TRD-9436118
DM-280 (RQ-609).
Request from Ken Armbrister, Chair, Committee on Intergovernmental Relations, 
Texas State Senate, Austin, concerning whether Senate Bill 522, Acts 1993, 73rd 
Legislature, Chapter 774, which sets forth certain exceptions to the definition 
of the term "gambling device," conflicts with provisions of Senate Bill 1067, 
Acts 1993, 73rd Legislature, Chapter 900, defining that term.
Summary of Opinion.
The definition of the term "gambling device" set forth in Senate Bill 522, Acts 
1993, 73rd Legislature, Chapter 774, sec.1, applies only to an offense committed 
on or after August 30, 1993, and before September 1, 1994. After September 1, 
1994, Senate Bill 522 continues in effect only for the limited purpose of 
prosecuting offenses committed before that date. The definition of the term 
"gambling device" set forth in Senate Bill 1067, Acts 1993, 73rd Legislature, 
Chapter 900, sec.1.01, will be effective on September 1, 1994, and will apply to 
all prosecutions after that date, except for prosecutions of offenses committed 
before that date.
TRD-9436119
DM-281 (RQ-585).
Request from Barry L. Macha, Criminal District Attorney, Wichita Falls, 
concerning whether the State Board of Education is authorized to enact a 
regulation providing for the deduction of a school district's debt to the Texas 
School for the Blind and Visually Impaired and the Texas School for the Deaf 
from available school fund payments to the school district.
Summary of Opinion.
The State Board of Education is not authorized by the Education Code, 
sec.21.507(f), to enact a regulation providing for the mandatory deduction of a 
school district's debt to the Texas School for the Deaf from available school 
fund payments to the school district.
TRD-9436120
DM-282 (RQ-565).
Request from S. E. Seely, El Paso County Auditor, El Paso, concerning whether a 
county must maintain a special and separate account for cash bail bond funds 
that the county receives pursuant to the Code of Criminal Procedure, Article 
17.02, and related questions.
Summary of Opinion.
The clerk of a district court may deposit into an account separate from the 
county's general account cash paid in lieu of a bail bond if the court or 
another authority orders the clerk to do so. Because cash paid in lieu of a bail 
bond is to be held in trust for the bailee unless the cash is forfeited, any 
interest that accrues on the cash during the time it is in the county's 
possession belongs to the bailee; the county may keep only a portion of the 
interest in accordance with the Local Government Code, sec.117.054. The sheriff 
of a county may decide where to keep inmates' money for safekeeping. The 
sheriff's discretion is limited, however, by the county auditor, who may 
regulate the keeping of inmate funds as necessary for the purposes of 
collecting, checking, and accounting of revenues and other funds and fees 
belonging to an inmate. The disposition of any interest that accrues on an 
inmate's money during the inmate's incarceration in county jail depends on 
whether the money is held in trust for the inmate. If so, the inmate is entitled 
to the accrued interest, except for an amount reasonably related to the values 
of services in safeguarding and investing the principal that the county may 
retain.
TRD-9436121
DM-283 (RQ-613).
Request from James M. Kuboviak, Brazos County Attorney, Brazos County 
Courthouse, Bryan, and Mike Driscoll, Harris County Attorney, Houston, 
concerning whether sec.291.007 of the Local Government Code authorizes a county 
commissioners court to set a security fee of not more than $5.00 to be taxed as 
court costs in each civil case filed in a probate court, as well as in a county 
court, county court at law, and district court and related questions.
Summary of Opinion.
Pursuant to the Local Government Code, sec.291. 007, a commissioners court may 
set a security fee not to exceed $5.00, which the clerk must collect at the time 
of filing in each civil case filed in a county court, county court at law, and 
district court, as well as in a statutory probate court or another statutory 
court exercising the jurisdiction of a probate court. If the commissioners court 
sets such a security fee, the clerk also must collect a security fee of $1.00 
for filing each document that is not related to an existing civil case or 
criminal case (so long as no other statute specifically exempts the document 
from the imposition of a fee such as the fee of the Local Government Code, 
sec.291.007, authorizes a clerk to collect). Of course, Article 102.017 of the 
Code of Criminal Procedure applies to documents filed in connection with 
criminal cases in a county court, county court-at-law, or district court. The 
security fee is cumulative of other filing fees. Finally, under sec.291.007, the 
commissioners court may choose whether to impose a security fee, but if it 
chooses to do so, it must set the fee in an amount not to exceed $5.00. The 
commissioners court may not delegate to the clerks of court the responsibility 
of setting the amount of the fee.
TRD-9436122
DM-284 (RQ-409, 410, 411, and 412). Request from J. Robert Hunter, Commissioner, 
Texas Department of Insurance, Austin, concerning whether the Open Meetings Act, 
Government Code, Chapter 551, applies to the governing bodies of the Health 
Maintenance Organization Solvency Surveillance Committee, Insurance Code, 
Article 20A.36; the Life, Accident, Health, and Hospital Service Insurance 
Guaranty Association, Insurance Code, Article 21.28-D; the Texas Property and 
Casualty Insurance Guaranty Association, Insurance Code, Article 21.28-C; and 
the Texas Title Insurance Guaranty Association, Insurance Code, Article 9.48, 
and related questions.
Summary of Opinion.
The governing bodies of the Health Maintenance Organization Solvency 
Surveillance Committee, Insurance Code, Article 20A.36, the Life, Accident, 
Health, and Hospital Service Insurance Guaranty Association, Insurance Code, 
Article 21.28-D, the Texas Property and Casualty Insurance Guaranty Association, 
Insurance Code, Article 21.28-C, and the Texas Title Insurance Guaranty 
Association, Insurance Code, Article 9.48, are governmental bodies subject to 
the Open Meetings Act. Government Code, Chapter 551 (former Texas Civil 
Statutes, Article 6252-17, repealed and codified by Acts 1993, 73rd Legislature, 
Chapter 268, sec.1 and sec.46). Notice of their meetings must be posted by the 
secretary of state for at least seven days before the day of the meeting. The 
Insurance Code, Article 20A.36(b)(2), does not authorize the board of directors 
of the HMO solvency surveillance committee to meet in executive session, but 
does prohibit the directors from revealing the contents of certain material in a 
public meeting or elsewhere. Section 12 of Article 12. 28-D of the Insurance 
Code does not authorize the board of directors of the LAHHSI guaranty 
association to meet in executive session. Section 13 of Article 21.28-C of the 
Insurance Code does not authorize the board of directors of the PCI guaranty 
association to meet in executive session. Section 14(e)(3) of Article 9.48 of 
the Insurance Code specifically authorizes the board of directors of the TI 
guaranty association to meet in executive session to advise the commissioner 
about matters relating to the solvency of insurers, and precludes the directors 
from revealing information received at such an executive session in a public 
meeting. Section 10(c)(3) of Article 21. 28-D of the Insurance Code authorizes 
the board of directors of the LAHHSI guaranty association to meet by telephone 
conference.
TRD-9436123
DM-285 (RQ-629).
Request from David H. Cain, Chair, Committee on Transportation, Texas House of 
Representatives, Austin, concerning what court is the proper forum for 
prosecutions brought under House Bill 1084, Acts 1993, 73rd Legislature, Chapter 
88, at 175-76.
Summary of Opinion.
A defendant who has not been previously convicted of the offense of "overtaking 
and passing a school bus," as described in Texas Civil Statutes, Article 6701d, 
sec.104, may be prosecuted either in the justice court precinct in which the 
offense occurs, or, subject to certain limitations as described in Attorney 
General Opinion JM-1089 (1989), in the constitutional or statutory county court 
of the county in which it occurs. Persons who have been once convicted of the 
offense may not be tried in justice court.
TRD-9436124
DM-286 (RQ-614).
Request from William R. Ratliff, Chair, Senate Education Committee, Austin, 
concerning authority of a state licensing agency to require the disclosure of 
social security numbers.
Summary of Opinion.
Under the federal Privacy Act of 1974, 5 United States Code, sec.552a note (Act 
of December 31, 1994, Public Law 93-579, sec.7, 88 Statute 1909), the Texas Real 
Estate Commission may not refuse to renew a license because of the licensee's 
failure to disclose his or her social security number unless the disclosure is 
required by a federal statute or the commission uses the information in a system 
of records in existence and operating before January 1, 1975, under a statute or 
regulation adopted prior to that date to verify the identity of an individual. 
Even if the commission in authorized to require the disclosure of an 
individual's social security number, it must "inform that individual whether 
that disclosure is mandatory or voluntary, by what statutory or other authority 
such number is solicited, and what uses will be made of it." 5 United States 
Code, sec.552a note.
TRD-9436125