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.
Requests for Opinions
RQ-699. Requested by Honorable John B. Holmes, Harris County District Attorney, 
201 Fannin, Suite 200, Houston, Texas 77002-1901. Concerning whether an off-duty 
peace officer or a security guard may carry a firearm at a racetrack, in lieu of 
the Penal Code, sec.46.04.
RQ-700. Requested by: Honorable David Counts, Chair, Committee on Natural 
Resources, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910. Concerning whether the fee that a municipal utility district may assess 
under Water Code, sec.54.774, may be imposed only upon actual users of its 
recreational facilities.
RQ-701. Requested by: Honorable James E. Nugent, Chair, Railroad Commission of 
Texas, P.O. Box 12967, Austin, Texas 78711-2967. Concerning whether the Railroad 
Commission is required to pay certain fees requested by county clerks.
Issued in Austin, Texas, on June 14, 1994.
TRD-9442376
Jerry Benedict
Assistant Attorney General
Office of Attorney General
Filed: June 14, 1994