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-94-051 (ID# 25193).
 Request from Honorable Ken Armbrister Chair Committee on Intergovernmental 
Relations Texas State Senate P.O. Box 12068 Austin, Texas 78711.
Summary of Opinion.
Non-participants' wagering on the outcome of sporting events constitutes illegal 
gambling under of the Penal Code, sec.47.02.
TRD-9443309
LO-94-052 (RQ-688).
Request from Charles D. Travis, Executive Director, Employees Retirement System 
of Texas P.O. Box 13207 Austin, Texas 78701-3207 Letter Opinion No. 94-052. 
Concerning whether, under Article XVI, sec.67 of the Texas Constitution and 
sec.815.103 of the Government Code, the Employees Retirement System of Texas may 
invest its funds in equity swap contracts.
Summary of Opinion.
The Employees Retirement System of Texas may invest its funds in an equity swap 
contract or an interest rate swap contract if the particular transaction 
constitutes a "security" under the definition of "security" in Article 581-4(A) 
of the Texas Securities Act, Texas Civil Statutes, Title 19, or under the 
definitions of "security" in the federal securities laws, 15 U.S.C. 
sec.sec.77b(1), 78c(a)(10).
TRD-9443310
LO-94-054 (ID# 24950).
 Request from Michael F. Miller, General Counsel Board of Pardons and Paroles, 
P.O. Box 13401 Austin, Texas 78711 Letter Opinion No. 94-054 concerning whether 
a three-member parole panel has exclusive authority to make parole decisions 
when the offense is a capital felony committed before the effective date of 
sec.7(g) of Article 42.18 of the Code of Criminal Procedure. (ID# 24950)
Summary of Opinion.
Section 7(g) of Article 42.18 of the Code of Criminal Procedure provides that 
the Board of Pardons and Paroles may grant parole to a person convicted of a 
capital felony only on a two-thirds vote of the entire membership. However, 
parole decisions concerning a person convicted of a capital felony committed 
before September 1, 1993, the effective date of sec.7(g), must be made by a 
three-member panel in accordance with former sec.7(e) of article 42.18, Code of 
Criminal Procedure.
TRD-9443312
LO-94-055 (RQ-650).
Request from Valentin P. Colmenero, Office of the County Attorney Jim Wells 
County P.O. Drawer 2080 Alice, Texas 78333 Letter Opinion No. LO94-055 
Concerning conflicts of interest involving officers and employees in Jim Wells 
County (RQ-650).
Summary of Opinion.
A county commissioner may refuse to accept a court indigent defendant in a 
criminal case pursuant to Article 26.06 of the Code of Criminal Procedure. 
Depending on the facts of a particular case, the representation may involve the 
county commissioner in a conflict of interest under Rule 1.06 of the Texas 
Disciplinary Rules of Professional Conduct. The office-sharing arrangement that 
the county commissioner has with an assistant district attorney could result in 
a conflict of interest within Rule 1.06 of the Texas Disciplinary Rules of 
Professional Conduct and may raise practical problems with respect to
maintaining the confidentiality of client information under Rule 1.05. The 
county commissioner's law practice is a business entity within Chapter 171 of 
the Local Government Code. The commissioners court may approve her claims for 
payment for representing indigent defendants, but the commissioner whose claim 
it is must follow the procedure for notice and recusal required by chapter 171. 
A county commissioner who is a sister of the county attorney is not for that 
reason involved in a violation of the nepotism law. The county commissioner in 
this case is not barred from participating as a member of the commissioners 
court in setting the salary, expenses, and other allowances of the county 
attorney pursuant to sec.152.013 of the Local Government Code or in approving 
the county attorney's claims for payment pursuant to sec.115.021 of the Local 
Government Code. The fact that the county commissioner's brother-in-law is the 
investigator for the local district attorney does not involve the county 
commissioner in a violation of the nepotism statute. Since the county 
commissioner has no interest in her brother-in-law's salary, expenses, or 
allowances, her participation with the commissioners court in setting the 
salaries and expenses for the district attorney's office and approving salary 
payments for employees of that office will not involve her in a conflict of 
interest.
TRD-9443313
LO-94-056 (ID# 16486).
 Request from the Honorable Bill G. Carter, Chair, Public Safety Committee Texas 
House of Representatives P.O. Box 2910 Austin, Texas 78768-2910 Letter Opinion 
No. 94-56 Concerning whether provisions of a home-rule city ordinance directed 
at preventing children's discharge of firearms are invalid because inconsistent 
with provisions in Local Government Code, sec.215.001, barring municipal 
regulations relating to the transfer, private ownership, keeping, 
transportation, licensing, or registration of firearms (ID# 16486).
TRD-9443314

Opinions
DM-295 (RQ-618).
Request from the Honorable John Vance Dallas County District Attorney Frank 
Crowley Courts Building, LB 19 Dallas, Texas 75207-4313, concerning whether the 
district clerk filing fees provided for in the Government Code, sec.51.317 apply 
to the filing of an application for a preindictment writ of habeas corpus, and a 
related question (RQ-618).
Summary of Opinion.
The district clerk filing fees provided for in the Government Code, sec.51.317 
do not apply to the filing of an application for a preindictment writ of habeas 
corpus, but a district clerk may charge a "reasonable" filing fee for services 
rendered in a habeas corpus proceeding pursuant to the Government Code, 
sec.51.319. The clerk may not refuse to issue the writ for nonpayment of such a 
fee, however, because Texas Rule of Civil Procedure 142 does not apply to a 
preindictment habeas proceeding.
TRD-9443306
DM-296 (RQ-653).
Request from Honorable Lee Haney District Attorney 35th Judicial District 
Courthouse Brownwood, Texas 76801, concerning whether a district clerk may honor 
a change of address request from a child support obligee to remit child support 
payments to the care of a collection agency (RQ-653).
Summary of Opinion.
A district clerk may honor a change of address request, even if the new address 
is "care of" a child support collection agency, that a child support obligee 
properly has completed and submitted without a court order modifying the 
original child support order to reflect the changed address.
TRD-9443307
DM-297 (RQ-545).
Request from Kenneth H. Ashworth Commissioner Texas Higher Education 
Coordinating Board P.O. Box 12788 Austin, Texas 78711, concenring whether the 
Wharton County Junior College District may disannex the Needville Independent 
School District
(RQ-545).
Summary of Opinion.
Three statutory provisions authorize the disannexation of territory from a 
junior college district: sec.130.069 and sec.130.070 and of the Education Code, 
Texas Civil Statutes, Article 2815p, Neither the Education Code, sec.130.069 nor 
Texas Civil Statutes, Article 2815p, authorizes Wharton County Junior College 
District to disannex Needville Independent School District. We are not presented 
with sufficient facts to determine whether the Education Code, sec.130.070 
authorizes the disannexation. If the Education Code, sec.130.070 is indeed 
applicable to the situation, that statute governs the procedure for the 
disannexation.
TRD-9443308

Requests
(RQ-702). Requested from Honorable Libby Linebarger Chair, Committee on Public 
Education Texas House of Representatives P.O. Box 2910, Austin, Texas 78768-
2910, concerning disposal of paging devices confiscated under Education Code, 
sec.21.309, and related questions.
(RQ-703). Requested from Honorable Fred Hill Chair, Committee on Urban Affairs 
Texas House of Representatives P.O. Box 2910 Austin, Texas 78768-2910, 
concerning whether a municipality may create a new Tax Increment Financing Zone 
with boundaries identical to a zone previously terminated, and related 
questions.
(RQ-704). Requested from Honorable Marcos Hernandez, Jr. Criminal District 
Attorney Hays County Courthouse Room 208 San Marcos, Texas 78666, concerning-
Constitutionality of Property Tax Code, sec.23.12(a), which provides a special 
valuation for unoccupied residential real property.
(RQ-705). Requested from John Pouland Executive Director General Services 
Commission P.O. Box 13047 Austin, Texas 78711-3047, concerning whether 
telecommunication services offered by "service providers" are eligible for sale 
through the "catalogue purchase procedure" described by Texas Civil Statutes, 
Article 601b, sec.3.081.
(RQ-706). Requested from Honorable Mike Driscoll Harris County Attorney 1001 
Preston, Suite 634 Houston, Texas 77002, concerning calculation of charges to 
non-governmental entities for law enforcement services provided by a county, and 
related questions.
(RQ-707). Requested from Honorable John Sharp Comptroller of Public Accounts 
P.O. Box 13528 Austin, Texas 78711 and Mary A. Boyd Executive Director Advisory 
Commission on State Emergency Communications 1101 Capital of Texas Highway 
South, Suite B-100 Austin, Texas 78746-6437, concerning authority of an 
appraisal district to maintain an addressing system for the purposes of 
providing emergency 9-1-1- services, and related questions: Reconsideration of 
LO94-016.
(RQ-708). Requested from Honorable Tom Craddick, Chair, Committee on Ways and 
Means Texas House of Representatives P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether use of a "cash lease," method of valuation properly taxes 
open-space land on the basis of its "productive capacity" as required by Texas 
Constitutionm Article VIII, sec.1-d-1.
(RQ-709). Requested from Honorable Don Henderson Chair, Committee on 
Jurisprudence Texas State Senate P.O. Box 12068 Austin, Texas 78711-2068, 
concerning whether a "videographer" who is also a notary public may conduct an 
oral deposition.
TRD-9443305