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-94-46 (ID#-24861). Request from Honorable David W. Wallace, Sutton County Attorney, P.O. Box 1508, Sonora, Texas 76950-1508, concerning whether the Sutton County Judge also may serve as administrator of the Sutton County Emergency Medical Service and related questions. Summary of Opinion. The administrator of the Sutton County emergency medical services is not an officer for purposes of the constitutional prohibition against dual office holding, Article XVI, sec.40 of the Texas Constitution. Thus, Article XVI, sec.40 does not preclude the Sutton County Judge from simultaneously serving as the Sutton County emergency medical services administrator. However, the common- law doctrine of incompatibility precludes the county judge from simultaneously serving as the emergency medical services administrator. Because the county commissioners court of its members to the position. Furthermore, the position of EMS administrator is subordinate to the county commissioners court. Pursuant to the Local Government Code, sec.153. 013(a), the county commissioners court may not provide the county judge with additional remuneration for performing some of the EMS administrator's tasks until the start of the county's new fiscal year. Because no statute requires Sutton emergency medical services administrator, the commissioners court may abolish the position and absorb the functions that the emergency medical services administrator previously performed. If the commissioners court does so, it must make administrative decisions for the EMS only as a body at a meeting subject to the Open Meetings Act. TRD-9442381 LO-94-47 (ID#-24971). Request from Honorable Ciro D. Rodriguez, Chair Committee on Local and Consent Calendars, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768- 2910, concerning whether under Allgeyer v. Louisiana, 165 United States 578 (1897), and Murdock v. Pennsylvania, 319 United States 105 (1943), it is constitutional for the State of Texas to impose a certification or licensing fee for a person to pursue his or her chosen profession. Summary of Opinion. The State of Texas generally may impose a certification or licensing fee for a person to pursue his or her chosen profession. TRD-9442380 LO-94-48 (ID#-24827, 22252). Request from Honorable John Sharp, Comptroller of Public Accounts, P.O. Box 13528, Austin, Texas 78711-3528 and Honorable Tracey Bright, Ector County Attorney, Ector County Courthouse, Room 218, Odessa, Texas 79761, concerning whether the Government Code, sec.51.702, requires a participating county commissioners court to adopt a new resolution annually to continue participating in the program and related questions. Summary of Opinion. On its face, the Government Code, sec.51.702(f), requires the commissioners court of a county that desires to continue participating in the program sec.51.702 establishes annually to adopt a resolution authorizing the clerk of the statutory county court to collect the fees and costs sec.51.702 authorizes. Furthermore, the county must file its resolution with the comptroller "not later than June 1 immediately preceding the 12-month period during which" the county will collect fees and costs under sec.51.702. Failure to adopt an appropriate resolution and to file that resolution with the comptroller's office by June 1 results in the county's exclusion from the program beginning July 1. Because Ector County does not collect fees and costs pursuant to the Government Code, sec.51.702, it need not comply with the Government Code, sec.25.0005(a), which requires counties collecting such fees and costs to pay certain statutory county court judges "an amount that is at least equal to the amount that is $1,000 less than the total annual salary" that a district judge in the county receives. Rather, Ector County may set the annual salaries of its statutory county court judges in accordance with the Government Code, sec.25.0005(b), which does not stipulate a minimum annual salary. TRD-9442379 LO-94-49 (ID#-23394). Request from Honorable Ben Campbell, Chairman of Committee on County Affairs, House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a municipality lying within the territory of a municipal utility district is authorized to require the district to obtain its permission before commencing construction or maintenance work within the area of both entities. Summary of Opinion. Generally, a municipal utility district ("MUD") must comply with municipal police regulations that do not unreasonably impede the MUD's activities within its sphere of authority. However, a MUD's exercise of police power that state law vests solely in it is not subject even to reasonable municipal regulation. Furthermore, a municipality's exercise of police power by ordinance must yield to a MUD's conflicting reasonable exercise of police power if the latter relates to a paramount public concern and if the MUD's determination that the municipal regulation would threaten public health, safety, and welfare is supported by substantial evidence. TRD-9442378 LO-94-50 (RQ-506). Request from Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas 77002-1891, concerning whether a commissioners court is authorized to require a county purchasing agent to make purchases by and for a county-wide hospital district. Summary of Opinion. The Commissioners Court of Harris County is authorized to require the purchasing agent of Harris County to make purchases by and for the Harris County Hospital District pursuant to the Health and Safety Code, sec.281.049. The court may also transfer the purchasing and management functions of the district to the purchasing agent. TRD-9442377 Opinions DM-293 (RQ-582). Request from Doyne Bailey, Administrator, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127, concerning whether a holder of a permit to sell alcoholic beverages may possess a firearm for purposes of self defense. Summary of Opinion. A holder of a retail license or permit authorizing the sale and on- or off- premise consumption of alcoholic beverages may possess a firearm for the purpose of self defense. Whether the circumstances which you describe involving the sale of firearms violate the Alcoholic Beverage Code, sec.61.71(f) and sec.11.61(e), concerns questions which are beyond the purview of the opinion process. TRD-9442383 DM-294 (RQ-628). Request from Honorable Carl E. Lewis, Nueces County Attorney, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas 78401-3680, concerning what information a law enforcement agency is authorized to give to a public school district or private school under Article 15.27 of the Code of Criminal Procedure. Summary of Opinion. The Code of Criminal Procedure, Article 15.27, authorizes a law enforcement agency to communicate to the proper school official the nature of the charges against an arrested or detained student, the identities of any alleged victims who are students or school personnel, and all other information about the arrest or detention of a student that will enable the school official to take appropriate action to prevent violence, protect students and school personnel, and further educational purposes. TRD-9442382