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-94-59) (ID#-26736).
Request from Michael G. Mask, Jack County Attorney Courthouse, Third Floor, 
Jacksboro, Texas 76458, concerning whether a county tax assessor's filing for 
school board trustee effects an automatic resignation from the tax assessor's 
office, and related questions.
Summary of Opinion.
A county tax assessor with more than a year left on his term who files for 
school board trustee automatically resigns from and vacates the tax assessor's 
office. Subsequent withdrawal from the school trustee candidacy, does not undo 
the resignation from the tax assessor position. If, as here, the vacancy in the 
tax assessor's office occurs more than 65 days before the next general election, 
the vacancy is filled at that election for the unexpired term.
TRD-9446731

(LO-94-60) (ID#-25244).
Request from Paul Crosnoe, Bailey County Attorney, 1631 West American Boulevard, 
Muleshoe, Texas 79347, concerning authority of a county treasurer to pay for an 
autopsy performed, at the request of a justice of the peace of the county, on 
the body of a person killed in a traffic accident in a neighboring county.
Summary of Opinion.
A justice of the peace has no authority to order the performance of an autopsy 
in an inquest into a death that did not occur in the county served by the 
justice. A county treasurer may not pay county money for the performance of an 
autopsy pursuant to the order of a justice of the peace in such circumstances.
TRD-9446730

(LO-94-61) (RQ-665).
Request from Mary F. Keller, Senior Associate Commissioner, Legal and 
Compliance, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 
78714-9104, concerning request for an opinion construing Texas Insurance Code, 
Article 1.24D.
Summary of Opinion.
The Insurance Code, Article 1.24D, does not prohibit the Texas Department of 
Insurance from distributing the publication entitled "Health Insurance for 
Texans with Pre-existing Conditions" if the insurers listed in the pamphlet have 
expressly consented to disclosure of this information.
TRD-9446729

(LO-94-62) (ID#-23297).
Request from Jim Riley, Interim Executive Director, Texas Department of Criminal 
Justice, P.O. Box 13084, Austin, Texas 78711-3251, concerning whether convicted 
felons awaiting transfer in county jails to substance abuse felony program 
facilities or the state boot camp program, are within the Government Code, 
Chapter 499, Subchapter F, for purposes of state compensation to counties.
Summary of Opinion.
Convicted felons in county jails awaiting transfer to the state boot camp 
program are within the provisions of the Government Code, Chapter 499, 
Subchapter F, requiring state payment for inmates "awaiting transfer to the 
institutional division" of the Texas Department of Criminal Justice. Prisoners 
awaiting transfer to substance abuse felony program facilities are not, however, 
within the scope of Subchapter F.
TRD-9446728

Opinions
(DM-298) (RQ-559).
Request from David Motley, Kerr County Attorney, Kerr County Courthouse, 700 
East Main Street, Kerrville, Texas 78028-5324, concerning whether, under the 
Family Code, sec.71.04(e), a clerk of court may charge an applicant for a 
protective order more than $36 in certain cases and related question.
Summary of Opinion.
Pursuant to the Family Code, sec.71.04(e), a clerk must not charge an applicant 
for a protective order under chapter 71 of the Family Code more than $36 total 
for filing the application and serving notice of the application, regardless of 
the number of respondents who must be served or the number of times service must 
be attempted before the server actually delivers the service. Although an 
applicant for protective order is presently receiving a governmental entitlement 
based on indigency, the applicant must, if he or she claims to be unable to pay 
the filing fee and other costs as provided in the Family Code, sec.71.07, file 
with the clerk an affidavit of inability to pay in which the applicant provides 
information regarding all items paragraph two of Texas Rule of Civil Procedure 
145 specifies.
TRD-9446727

Requests for Opinions
RQ-720. Request from James E. Nugent, Chairman, Texas Railroad Commission, P.O. 
Box 12967, Austin, Texas 78711-2967, concerning whether public officers or 
employees constitute public information subject to the Texas Open Records Act, 
and related questions.
RQ-721. Request from John Pouland, Executive Director, General Services 
Commission, P.O. Box 13047, Austin, Texas 78711-3047, concerning whether a 
"historically underutilized business" described in Texas Civil Statutes, Article 
601b, includes a business owned by a person with disabilities, and related 
questions.
RQ-722. Request from Warren Chisum, Chair, Committee on Environmental 
Regulation, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether a entity that contracts with an independent school 
district to provide services pursuant to Education Code, sec.23.24, must comply 
with various requirements imposed on school districts.
RQ-723. Request from Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 
634, Houston, Texas 77002-1891, concerning whether an interpreter for a hearing 
impaired or deaf juror may or must be present during a jury deliberation.
RQ-724. Request from Kenny Marchant, Chair, Committee on Investments and 
Banking, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether certain subordinated debt of a pawnshop must be 
included within the definition of "applicable liabilities" for purposes of 
determining eligibility for a pawnshop license under the Texas Pawnshop Act, 
Article 5069-51.01 et seq.
TRD-9446732