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-94-020 (ID#-23201).
Request from Honorable Libby Linebarger, Chair, Committee on Public Education, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning clarification of Letter Opinion Number 93-70.
Summary of Opinion.
The common-law principle that disqualifies all members of a public governing 
body a different position, applies to each governmental body that Acts 1993, 
73rd Legislature, Chapter 626, sec.1.09(b), at 2359, requires the board of 
directors of the Edwards Aquifer Authority.
TRD-9439085
LO-94-021 (ID#-22324).
Request from Jen Ripley, Chair, Guadalupe-Blanco River Authority, P.O. Box 271, 
Seguin, Texas 78156-0271, concerning whether a member of the Guadalupe-Blanco 
River Authority Board of Directors may serve simultaneously as a member of the 
South Central Texas Water Advisory Committee.
Summary of Opinion.
Neither the constitutional prohibition against dual office holding nor the 
common-law doctrine of incompatibility precludes a member of the Guadalupe-
Blanco River Authority Board of Directors from serving simultaneously as a 
member of the South Central Texas Water Advisory Committee.
TRD-9439086
LO-94-022 (ID#-18193).
Request from Honorable Betty Denton, State Representative, Texas House of 
Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a 
city council may adopt an ordinance making the failure to return library items 
within 40 days after the due date a class C misdemeanor, punishable by a fine of 
up to $200.
Summary of Opinion.
A city council may enact a municipal ordinance making the failure to return 
overdue library books a class C misdemeanor, punishable by a fine of up to $200.
TRD-9439087
LO-94-023 (ID#-23047).
Request from Honorable Curtis L. Seidlits, Jr., Chair, Committee on State 
Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether Article I, sec.16 of the Texas Constitution precludes 
the Texas Workers' Compensation Insurance Facility from denying workers' 
compensation insurance coverage to an employer that, prior to the effective date 
of section VII.f.6 of the facility's rules, committed the conduct that section 
VII.f.6 describes.
Summary of Opinion.
Article I, sec.16 of the Texas Constitution precludes the enactment of a law 
that deprives or impairs vested substantive rights acquired under existing law. 
An employer never has had a vested right to purchase workers' compensation 
insurance through the Workers' Compensation Insurance Facility or the facility's 
predecessor, the Workers' Compensation Assigned Risk Pool. Consequently, the 
facility may, without violating Article I, sec.16 of the constitution, deny 
workers' compensation insurance coverage to an employer that, prior to the 
effective date of section VII.f.6 of the facility's rules, had committed the 
conduct that section VII.f.6 describes.
TRD-9439088
LO-94-024 (ID#-16035).
Request from Larry A. Farrow, Executive Director, Texas Funeral Service 
Commission, 8100 Cameron Road, Building B, Suite 550, Austin, Texas 78753, 
concerning whether the investigations of the Texas Funeral Service Commission 
are deemed confidential pursuant to Texas Civil Statutes, Article 4582b, 
sec.6D(d).
Summary of Opinion.
Under Texas Civil Statutes, Article 4582b, sec.6D(d), information files 
maintained by the Texas Funeral Service Commission concerning complaints against 
licensees are public records, except that information obtained through the 
commission's investigation of the complaint is "not public information" under 
the statute. Information concerning the commission's investigations of licensees 
is therefore excepted from required public disclosure pursuant to the Government 
Code, sec.552.101.
TRD-9439089
LO-94-025 (ID#-23060).
Request from Ray Farabee, Vice Chancellor and General Counsel, The University of 
Texas System, 201 West Seventh Street, Austin, Texas 78701-2981, concerning 
whether the Education Code, sec.51.929, as enacted by Acts 1993, 73rd 
Legislature, Chapter 15, prohibits The University of Texas at Dallas from 
supplying scholarship students with books from the university bookstore free-of-
charge.
Summary of Opinion.
The Education Code, sec.51.929, as enacted by Acts 1993, 73rd Legislature, 
Chapter 15, does not prohibit The University of Texas at Dallas from supplying 
scholarship students with books from the university bookstore free-of-charge if 
the university does not extend the credit of the state in doing so. The 
determination whether a particular arrangement constitutes "a transaction for 
the sale or lease of goods or services" in which an institution of higher 
education "extends the credit of the state to the obligor," as prohibited by 
sec.51.929(a), would require the resolution of factual issues and is therefore 
beyond the purview of the opinion process.
TRD-9439090
LO-94-026 (RQ-564).
Request from Honorable Sandy S. Gately, 52nd Judicial District Attorney, P.O. 
Box 919, Gatesville, Texas 76528, concerning whether it is constitutionally 
permissible for game wardens to stop motorists at roadblocks to investigate 
their compliance with game laws.
Summary of Opinion.
Whether it is constitutionally permissible for game wardens to stop motorists at 
roadblocks to investigate their compliance with game laws is a matter that 
involves taking evidence and finding facts under the balancing test of Brown v. 
Texas, 443 U.S. 47, 50-51 (1979), as applied in Michigan Department of State 
Police v. Sitz , 496 U.S. 444, 450 stops that are not based on individualized 
suspicion of criminal activity. This office is not authorized to make fact 
determinations and therefore cannot answer this question.
The Texas courts have reached conflicting conclusions regarding whether the 
absence of a legislatively develop administrative scheme for certain checkpoint 
roadblocks is a threshold finding that would make such roadblocks 
unconstitutional or is merely a factor to be considered in the third prong of 
the Brown test. The prudent course would be to refrain from setting up a game 
roadblock in the absence of a statewide roadblock program at least until this 
conflict is resolved.
TRD-9439091
LO-94-027 (ID#-23490).
Request from Honorable Libby Linebarger, Chair, Committee on Public Education, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning application of Education Code, sec.21.9205.
Summary of Opinion.
Pursuant to the Education Code, sec.21.9205 and sec.23.26(b), the board of 
trustees of an independent school district must determine in the first instance 
whether an athletic club at which sanctioned or sponsored extracurricular 
activities occur is discriminating against any person because of the person's 
race, color, creed, religion, national origin, or sex. The board may look to the 
well-developed body of federal anti-discrimination law to determine what 
constitutes such discrimination. If the board discovers that such a facility is 
so discriminating, it may not permit any sanctioned or sponsored extracurricular 
activity to take place at such a club.
TRD-9439092
LO-94-028 (RQ-640).
Request from Honorable Libby Linebarger, Chair, Committee on Public Education, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether a school board member may vote by proxy at a school board 
meeting.
Summary of Opinion.
A school board member may not delegate his power to vote at a school board 
meeting to another person or vote by written proxy at a school board meeting 
even if a quorum is present at the meeting.
TRD-9439093
LO-94-029 (ID#-23655).
Request from Honorable Mark W. Stiles, Chair, Calendars Committee, Texas House 
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether 
independent mortgage brokers are subject to the Business and Commerce Code, 
Chapter 18.
Summary of Opinion.
Assuming that an independent mortgage broker is a credit services organization 
within the scope of the Business and Commerce Code, sec.18.02(a), a particular 
mortgage broker is exempt from Chapter 18 only if the mortgage broker falls 
within one of the exemptions to Chapter 18 listed in sec.18.02(b). Such a 
determination requires the resolution of fact questions. For example, whether a 
particular independent mortgage broker's primary business is making loans 
secured by liens on real property, and the independent mortgage broker is 
therefore exempt from the Business and Commerce Code, Chapter 18 under 
sec.18.02(b)(9), is a question requiring the resolution of facts.
TRD-9439094
LO-94-030 (ID#-22115).
Request from Honorable Keith Oakley, Chair, Public Safety Committee, Texas House 
of Representatives, P.O. Box 2910, Austin, Texas 78769, concerning whether a 
school employee who is physically assaulted in the performance of his or her 
regular duties is entitled to receive compensation during the period of his or 
her recovery.
Summary of Opinion.
Texas Education Code, sec.13.904(f), requires a school district to pay the 
salary of an employee who is physically assaulted during the performance of his 
regular duties while that employee is recovering from the injuries. The salary 
payment is coordinated with workers compensation benefits, during the period of 
time, up to two years, that it takes to recover from injuries received during 
the assault. 
TRD-9439095
LO-94-031 (ID#-23083).
Request from Joaquin Gutierrez, Starr County Auditor, Starr County Courthouse, 
Room 207, Rio Grande City, Texas 78582, concerning procedures applicable to 
county salary grievance committee established pursuant to the Local Government 
Code, sec.152.015.
Summary of Opinion.
A county salary grievance committee established by the Local Government Code, 
sec.152.014, is subject to the Open Meetings Act. A committee member may not 
participate in a meeting of the committee or record his vote by telephone call. 
When one member of the committee voted by telephone call in favor of 
recommending a salary increase for county officers, his vote could not be 
counted in determining whether nine members of the committee voted to recommend 
salary increases for the officers. When the commissioners court validly rejects 
a recommendation of the salary grievance committee pursuant to sec.152.016, the 
salary initially set by the commissioners court remains in effect.
TRD-9439096
LO-94-032 (ID#-21691).
Request from Honorable David P. Tatum, Interim Executive Director, Texas 
Commission on Alcohol and Drug Abuse, 710 Brazos Street, Austin, Texas 78701-
2576, concerning effect of Senate Bill 210, Acts 1993, 73rd Legislature, Chapter 
573, at 2157, on exemption of certain drug dependence treatment facilities from 
licensure by the Texas Commission on Alcohol and Drug Abuse.
Summary of Opinion.
Private psychiatric hospitals are still exempt from licensing by the Commission 
on Alcohol and Drug Abuse even though they are now licensed by the Department of 
Health. The care and treatment of patients in those facilities that offer 
chemical dependency treatment are subject to standards adopted by the Texas 
Commission on Alcohol and Drug Abuse and enforced by the Department of Health.
TRD-9439097
LO-94-033 (RQ-666).
Request from Honorable Wilhelmina Delco, Chair, Committee on General 
Investigating, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning whether under the Local Government Code, sec.42.021, a 
home-rule city may measure its extraterritorial jurisdiction using a map.
Summary of Opinion.
A municipality may choose the method by which it will ascertain the boundaries 
of its extraterritorial jurisdiction, determined in compliance with the Local 
Government Code, sec.42.021.
TRD-9439098
LO-94-034 (ID#-22241).
Request from Honorable Nathan B. Rheinlander, Office of County Attorney, Comal 
County, 150 North Seguin, Suite 318, New Braunfels, Texas 78130-5113, concerning 
whether a salary grievance committee established under the Local Government 
Code, Chapter 152, is authorized to hear a justice of the peace's grievance 
concerning an "auto allowance."
Summary of Opinion.
A salary grievance committee established under the Local Government Code, 
Chapter 152, is not authorized to hear a justice of the peace's grievance 
concerning an "auto allowance" which is not based on actual expenses.
TRD-9439099
LO-94-035 (ID#-24128).
Request from Thomas R. Kowalski, Chair, Board of Regents, The Texas State 
University System, P.O. Box 3810, Austin, Texas 78701-3942, concerning 
clarification of Attorney General Opinion DM-249 (1993): tuition rate for 
nonresident scholarship students.
Summary of Opinion.
We reaffirm our conclusions in Attorney General Opinion DM-249 (1993). As 
Attorney General Opinion DM-249 stated, the Education Code, sec.54.064(a), 
authorizes the Texas Higher Education Coordinating Board to determine in the 
first instance whether a particular scholarship is a competitive academic 
scholarship for purposes of sec.54.064(a).
TRD-9439100

Opinions
DM-287 (RQ-488).
Request from Clema D. Sanders, Executive Director, Texas Board of Private 
Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 
78711, concerning whether Texas Civil Statutes, Article 4413(29bb), sec.3(a)(3), 
exempts a full-time peace officer working as a private patrolman, guard, or 
watchman from the requirements of the Texas Board of Private Investigators and 
Private Security Agencies Act when the entity receiving the private services is 
not directly employing the peace officer.
Summary of Opinion.
Texas Civil Statutes, Article 4413(29bb), sec.3(a)(3), applies only to a person 
who is employed in an employee-employer relationship" or "on an individual 
contractual basis" directly with the security recipient, for the individual 
rendering of security services.
TRD-9439084

Request for Opinions
RQ-641. Request from Jeannene Fox, Acting Administrator, Texas Alcoholic 
Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127, concerning 
construction of the Bingo Enabling Act, sec.13c(d) and sec.28, Texas Civil 
Statutes, Article 179d.
RQ-642. Request from Honorable John Montford, Chair, Finance Committee, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether slot 
machines may be permitted by statute in the absence of a constitutional 
amendment.
RQ-643. Request from Honorable Giles Darby, Chair, Texas County and District 
Retirement System, 400 West 14th Street, Austin, Texas 78701-1688, concerning 
permissible investments for the Texas County and District Retirement System.
RQ-644. Request from Honorable David Cain, Chair, Committee on Transportation, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether competitive bidding is required for expenditures by a city of 
funds received under the Community Development Block Grant Program.
RQ-645. Request from Honorable Bill Ratliff, Chair, Committee on Education, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning status of 
the Teachers' Professional Practice Commission, and related questions.
RQ-646. Request from Honorable John Vance, Dallas County District Attorney, 
Frank Crowley Courts Building, Dallas, Texas 75207-4313, concerning distribution 
of fines collected under Education Code, sec.4.25, which prohibits parents and 
other individuals from acting to thwart the requirements of the Compulsory 
School Attendance Law.
RQ-647. Request from Gretchen Kuehn Bohnert, Assistant City Attorney, City of 
Houston, P.O. Box 1562, Houston, Texas 77251-1562, concerning whether compelled 
disclosure under Texas Open Records Act, sec.552. 301, constitutes voluntary 
disclosure for purposes of sec.552.021.
RQ-648. Request from Janice M. Caldwell, Dr. P.H., Executive Director, Texas
Department of Protective and Regulatory Services, P.O. Box 149030, W-639, 
Austin, Texas 78714-9030, concerning construction of the Texas Family Code, 
sec.34.08.
RQ-649. Request from Melissa Winblood, Assistant City Attorney, The City of El 
Paso, Two Civic Center Plaza, El Paso, Texas 79901-1196, concerning construction 
of Health and Safety Code, sec.773.093, which governs the availability of the 
EMS records of a deceased person.
RQ-650. Request from Valentin P. Colmenero, Office of the County Attorney, 
County of Jim Wells, P.O. Drawer 2080, Alice, Texas 78333, concerning conflicts 
of interest involving officers and employees of Jim Wells County.
RQ-651. Request from Jeannene Fox, Acting Administrator, Texas Alcoholic 
Beverage Commission, P.O. Box 13172, Austin, Texas 78711-3127, concerning 
whether the Alcoholic Beverage Code, sec.106.115(c), violates constitutional 
guarantees of due process and equal protection.
RQ-652. Request from Samuel S. Allen, Smith, Carter, Rose & Finley, Attorneys at 
Law, P.O. Box 2540, San Angelo, Texas 76902-2540, concerning whether records 
generated during an executive session held under the Texas Open Meetings Act are 
subject to required public disclosure under the Texas Open Records Act.
RQ-653. Request from Honorable Lee Haney, District Attorney, 35th Judicial 
District, Courthouse, Brownwood, Texas 76801, concerning change of address
by a recipient of child support funds, and related questions.
RQ-654. Request from Honorable Tom Craddick, Chair, Committee on Ways and Means, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether the Texas Natural Resource Conservation Commission may impose 
certain requirements upon oil and gas operators.
RQ-655. Request from J. Robert Hunter, Commissioner, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104, concerning 
constitutionality of sec.20.26 of House Bill 1461, Acts 1993, 73rd Legislature, 
Chapter 685, at 2562, 2711 (retroactive application of "pass-through allowances" 
provision).
RQ-656. Request from Honorable Bill Sims, Chair, Committee on Natural Resources, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether a 
school district which solicits and accepts bids for purchase of property 
insurance must comply with the requirements of competitive bidding.
RQ-657. Request from Honorable Jim Mapel, Brazoria County Criminal District 
Attorney, Civil Division, 329 North Arcola, Angleton, Texas 77515-4649, 
concerning regulation of manufactured housing that is being transported on 
county roads.
RQ-658. Request from Honorable John Vance, Dallas County District Attorney, 
Frank Crowley Courts Building, 133 North Industrial Boulevard-LB 19, Dallas, 
Texas 75207-4399, Attention: Kathi A. Drew, Assistant District Attorney, Teresa 
Tolle, Assistant District Attorney, concerning whether a district judge or a 
criminal district judge may award attorney's by the court to represent a capital 
murder defendant in a post-conviction proceeding, and related questions.
RQ-659. Request from Rufus P. Cormier, Chair, Texas Southern University, Board 
of Regents, 3100 Cleburne Avenue, Houston, Texas 77004, Attention: Caliph 
Johnson, Interim General Counsel, concerning whether a state university may 
sanction Christian prayers at commencement exercises and other official events.
RQ-660. Request from Honorable Bryan Davis, Nacogdoches County Attorney, Box 
736, Nacogdoches, Texas 75961, concerning whether a home-rule city may prohibit 
its employees from seeking or accepting election to a partisan political office.
RQ-661. Request from Mary Keller, Senior Associate Commissioner, Texas 
Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, Attention: 
Christine Rodriguez, Legal Services, concerning whether the Insurance Code, 
Article 1.15B, makes confidential under the Open Records Act copies of 
indicators used by the Department of Insurance to assess the solvency of health 
maintenance organizations.
RQ-662. Request from Andrew Sansom, Executive Director, Texas Parks and Wildlife 
Department, 4200 Smith School Road, Austin, Texas 78744, concerning purchase of 
liability insurance for state officers and employees.
RQ-663. Request from J. Robert Hunter, Commissioner, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714, concerning whether the 
Department of Insurance may, pursuant to Insurance Code, Article 3. 50-6A, 
license non-insurance entities that offer viatical settlement agreements, and 
related questions.
RQ-664. Request from Robert W. Gee, Chair, Public Utility Commission of Texas, 
7800 Shoal Creek Boulevard, Austin, Texas 78757, concerning authority of the 
Public Utility Commission of Texas to apply for, receive, and expend federal 
funds, and related questions.
RQ-665. Request from J. Robert Hunter, Commissioner, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104, Attention: Mary Keller, 
Senior Associate Commissioner, Legal Compliance, concerning whether the 
Department of Insurance may publish individual "underwriting guidelines" without 
violating the Insurance Code, Article 1.24D.
RQ-666. Request from Honorable Wilhelmina Delco, Chair, Committee on General 
Investigating, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning determination of the extent of a city's extra-territorial 
jurisdiction.
RQ-667. Request from Honorable Senfronia Thompson, Chair, Committee on Judicial 
Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether witness fees under Texas Civil Practices and Remedies 
Code, sec.22.001, must be paid to a person who provides records or an affidavit, 
but does not attend court.
RQ-668. Request from Charles D. Travis, Executive Director, Employees Retirement 
System, P.O. Box 13207, Austin, Texas 78701-3207, concerning whether "swap 
funds" are a permissible form of investment for funds of the Employees 
Retirement System.
RQ-669. Request from Honorable O. H. "Ike" Harris, Chair, Committee on State 
Affairs, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning 
whether the Local Government Code, sec.395.001(c), authorizes a municipality to 
contract to proved capital improvements to an area outside its corporate 
boundaries and extraterritorial jurisdiction if the area lies within the 
boundaries of another municipality, and related questions.
RQ-670. Request from Honorable Edwin E. Powell, Jr., Coryell County Attorney, 
P.O. Box 796, Gatesville, Texas 76528, concerning authority of an economic 
development corporation to assume a prior debt.
RQ-671. Request from Harris County Attorney, 1001 Preston, Suite 634, Houston, 
Texas 77002-1891, Attention: Matthew Masek, Assistant County Attorney, 
concerning permissible remedies where a default judgment is taken in a forcible 
entry and detainer action.
RQ-672. Request from Earl Bracken, Jr., City of Waco Attorney, P. O. Box 2570, 
Waco, Texas 76702-2570, Attention: Annette Jones, Police Legal Adviser, 
concerning whether a city may charge the requestor of information under the 
Texas Open Records Act for employee time incurred in reviewing an original 
document and redacting information that is excepted from public disclosure under 
the Act.
RQ-673. Request from Honorable Tim Curry, Tarrant County Criminal District 
Attorney, Justice Center, 401 West Belknap, Fort Worth, Texas 76196-0201, 
Attention: Dana Womack, Assistant District Attorney, concerning whether Local 
Government Code, sec.117.002, which requires district and county clerks to 
deliver certain abandoned funds to the state treasurer, violates Article II, 
sec.1 of the Texas Constitution, and related questions.
RQ-674. Request from Honorable Layton Black, Chair, Committee on House 
Administration, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning whether the Government Code, sec.552.101, in conjunction 
with the Government Code, sec.306.003 and sec.306.004, protect from public 
disclosure the originating numbers of telephone calls made to a member of the 
legislature.
RQ-675. Request from J. Robert Hunter, Commissioner, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104, Attention: Christine 
Rodriguez, Staff Attorney, concerning availability under the Government Code, 
sec.552.101 and the Insurance Code, Article 1.15, sec.9 of an examination report 
prepared for the Department of Insurance and related documents regarding an 
insurance company that is not in supervision or conservation.
RQ-676. Request from Fred Toler, Interim Executive Director, Texas Commission on 
Law Enforcement Officer Standards and Education, 1033 La Posada, Suite 240, 
Austin, Texas 78752, concerning whether the Texas Commission on Law Enforcement 
Officer Standards and Education may revoke the "peace officer" license of an 
elected official.
RQ-677. Request from Charles E. Nemir, P.E., Executive Director, Texas State 
Board of Registration for Professional Engineers, P.O. Drawer 18329, Austin, 
Texas 78760-8329, concerning whether contracts entered pursuant to Education 
Code, sec.21.9012, are exempt from competitive bidding to the extent that they 
require the services of a professional engineer.
RQ-678. Request from Honorable Bruce Issacks, Criminal District Attorney, 127 
North Woodrow Lane, Denton Texas 76205, Attention: Joe Bridges, Assistant 
District Attorney, concerning whether, under the Local Government Code, Chapter 
351, Subchapter F, a county sheriff reasonably may refuse to approve a county's 
proposed contract with a private organization to operate the county's jail 
facilities because the facilities house high-, medium-, and low-risk inmates.
TRD-9439083