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
(LO94-63) (ID# 23671).
 Request from Honorable John Whitmire, Chair, Committee on Criminal Justice, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the 
Dallas City Council may deliberate in executive session on members to the Dallas 
Area Rapid Transit Authority pursuant to the Government Code, sec.551.074(a).
Summary of Opinion.
The Dallas City Council may convene in executive session to discuss the the 
Dallas Area Rapid Transit Board. The city council must take final of public 
officers in open meeting. The attorney general is unable to resolve questions of 
fact concerning whether a particular city council meeting properly complied with 
the provisions of the Texas Open Meetings Act.
TRD-9448099

Open Records Decisions
ORD-627 (RQ-372).
Request from Honorable Garry Mauro, Commissioner, General Land Office, 1700 
North Congress Avenue, Austin, Texas 78701-1495, concerning whether the 
Government Code, sec.552.113, excepts from public disclosure certain geological 
and geophysical information and data and related questions.
Summary of Decisions.
 The Government Code, sec.552.113, excepts from required public disclosure 
"geological or geophysical information or data, including maps concerning wells" 
unless the information is filed in connection with an application or proceeding 
before an agency. The Government Code, sec.552.113(1), which references the 
Natural Resources Code, Chapter 91, applies only to the Railroad Commission and 
has no effect on the interpretation of sec.552.113(2) as it applies to other 
governmental agencies. Section 552.113(2) applies only to commercially valuable 
geological and geophysical information about the exploration or development of 
natural resources. To the extent that Open Records Decision Number 504 (1988) is 
inconsistent with this opinion, it is overruled.
TRD-9448100
ORD-628 (RQ-692).
Request from Merril E. Nunn, City of Amarillo, Legal Department, P.O. Box 1971, 
Amarillo, Texas 79186-0001, concerning whether the identities of juvenile 
victims of crimes or accidents are protected from required public disclosure 
under the Texas Open Records Act, sec. sec.552.101, 552.103(a), and 552.108, 
Title 5, Chapter 552, Government Code.
Summary of Decision.
 The identities of juvenile victims of serious sexual offenses are protected by 
common-law privacy as incorporated into the Government Code, sec.552.101. The 
identities of juvenile victims of other crimes and accidents are not protected 
by common-law privacy, but may be protected by constitutional privacy in some 
cases. Identities of juvenile crime victims contained within records of 
investigations of child abuse conducted pursuant to the Family Code, Chapter 34 
are deemed confidential by law under sec.34.08 of the Family Code and must be 
withheld from disclosure under the Open Records Act, sec.552.101. The Family 
Code, sec.51.14 prohibits disclosure of records of juvenile offenders; it does 
not apply to records concerning juvenile crime victims. Records identifying 
juvenile crime victims, whether as complainants or as witnesses, may be 
withheld, however, under the Government Code, sec.552.108, if it is shown that 
disclosure might subject the victim to possible intimidation or harassment or 
harm the prospects of future cooperation between witnesses and law enforcement 
officers.
TRD-9448101
ORD-629 (RQ-641).
Request from Doyne Bailey, 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, and 
related questions.
Summary of Decision.
 The Bingo Enabling Act, sec.13c(d), Texas Civil Statutes, Article 179d, 
prevails over the Bingo Enabling Act, sec.28, to the extent of conflict. 
Information obtained from "books and records" obtained pursuant to sec.13c(d) is 
confidential.
TRD-9448102

Opinions
DM-299 (RQ-670).
Request from Honorable Edwin E. Powell, Jr., Coryell County Attorney, P.O. Box 
796, Gatesville, Texas 76528, concerning whether the Development Act of 1979, 
sec.4A(q), Texas Civil Statutes, Article 5190.6, would violate Article I, sec.16 
of the Texas Constitution if applied retroactively.
Summary of Opinion.
The Development Act of 1979, sec.4A(q), Texas Civil Statutes, Article 5190.6, 
would violate Article I, sec.16 of the Texas Constitution if applied 
retroactively. A court would construe sec.4A(q) only to apply to debts assumed 
by a development corporation after its enactment date.
TRD-9448106
DM-300 (RQ-596).
Request from Alfred F. Hurley, Chancellor, University of North Texas, P.O. Box 
13737, Denton, Texas 76203-6737, concerning whether there is a de minimis 
exception to the requirement that certain companies that enter into a "building 
or construction contract" under Labor Code, sec.406.096 with the state or a 
political subdivision of the state must provide workers' compensation insurance 
for their employees, and related questions.
Summary of Opinion.
Labor Code, sec.406.096 applies to every "building or construction contract" 
entered into by the State or a political subdivision of the State, no matter how 
small the subject matter of the contract may be. The University of North Texas 
is not a "hiring contractor" as defined in Labor Code, sec.406.141(1) when it 
hires an individual or a company to perform on campus buildings any activity 
that constitutes "building or construction" for purposes of sec.406.096. An 
agreement under Labor Code, sec.406.145 between a hiring contractor and an 
independent contractor affirming that the independent contractor is not an 
employee of the hiring contractor does not certify that the contractor and any 
subcontractor is in fact providing workers' compensation coverage to its 
employees and therefore would not satisfy the certificate requirements of 
sec.406.096.
TRD-9448105
DM-301 (RQ-510).
Request from Honorable Carl A. Parker, Chair, Committee on Economic Development, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether Tax 
Code, sec.11.29, which authorizes a tax exemption for land dedicated by easement 
as a disposal site for material dredged from the Gulf Intracoastal Waterway by 
or under the direction of the state or federal government, violates Texas 
Constitution Article VIII, sec.1 and sec.2.
Summary of Opinion.
The Tax Code, sec.11.29, is void insofar as it would apply to property required 
to be taxed by sec.1(b) of Article VIII of the Texas Constitution. 
TRD-9448103
DM-302 (RQ-642, ID#
23991). Request from Honorable John T. Montford, Chair, Finance Committee, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711; Honorable Senfronia Thompson, 
Chair, Committee on Judicial Affairs, Texas House of Representatives, P.O. Box 
2910, Austin, Texas 78768-2910, concerning whether the legislature may, by 
statute, and in the absence of a constitutional amendment, authorize the 
operation of slot machines within the State of Texas; or, in the alternative, 
whether it may authorize the state to operate slot machines and to contract with 
one or more entities that will operate the slot machines on behalf of the state.
Summary of Opinion.
A slot machine, as that term is commonly understood, is a device which awards 
cash or other prizes solely on the basis of chance, and is not affected by any 
skill, judgment, or knowledge of a particular player. As such, it constitutes an 
unlawful lottery in contravention of Article III, sec.47 of the Texas 
Constitution. Operation of slot machines may not be authorized by the 
legislature in the absence of a constitutional amendment. Furthermore, 
subsection (e) of Article III, sec.47, does not authorize the legislature either 
to permit operation of slot machines by the state, or to permit the state to 
contract with one or more entities to operate slot machines on behalf of the 
state. The legislature may not legalize the operation of slot machines by 
private entities merely by amending the definition of bet in the Penal Code, 
sec.47.01(1).
TRD-9448104

Requests for Opinions
RQ-726. Request from Honorable Mike Driscoll, Harris County Attorney, 1001 
Preston, Suite 634, Houston, Texas 77002, concerning whether a commissioners 
court may authorize and issue bonds without complying with the Open Meetings 
Act, Chapter 551, Government Code, and related questions.
RQ-727. Request from Tamara Armstrong, Assistant County Attorney, Travis County, 
P.O. Box 1748, Austin, Texas 78767, concerning conflict between Family Code, 
sec.34.08 and Texas Civil Statutes, 4495b, sec.5.08.
RQ-728. Request from Honorable D. August Boto, Cooke County Attorney, Third 
Floor, Courthouse, Gainesville, Texas 76240, concerning whether a victim of 
delinquent conduct by a child may be a person having a legitimate interest in 
the proceeding for purposes of the Family Code, sec.51. 14(a), and related 
questions.
RQ-729. Request from Gretchen Bonhert, Tracy Briggs, Michael Harkins, Assistant 
City Attorneys, City of Houston, P.O. Box 1562, Houston, Texas 77251-1562, 
concerning whether the Government Code, sec.552.0108 excepts a police 
departments General Orders Manual from disclosure.
RQ-730. Request from Honorable Hugo Berlanga, Chair, Committee on Public Health, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning applicability of parking regulations of a state university to 
vehicles that bear handicapped license plates.
RQ-731. Request from Dennis R. Jones, M.S.W., M.B.A., Commissioner, Texas 
Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, 
Texas 78711-2668, concerning whether the Texas Department of Mental Health and 
Mental Retardation is required by the federal Brady Handgun Violence Protection 
Act, 18 United States Code, sec.921, et seq, to disclose certain client-
identifying information that is made confidential by state law.
RQ-732. Request from Honorable David Cain, Chair, Committee on Transportation, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether the Department of Licensing and Regulation is authorized to 
supervise a public warehouse who does not issue negotiable warehouse receipts.
RQ-733. Request from Honorable Eugene D. Taylor, Williamson County Attorney, 405 
Martin Luther King, Box 7, Georgetown, Texas 78626, concerning whether a county 
may levy a special tax pursuant to Human Resources Code, sec.61.001, for the 
purposes of operating juvenile detention facilities or for contracting with a 
private entity to do so.
TRD-9448098