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. Opinions DM-304 (RQ-646). Request from Honorable John Vance, Dallas County District Attorney, Frank Crowley Courts Building, Dallas, Texas 75207-4313, concerning whether effect of amendments to Education Code, sec.4.25(a) and (b) by the 73rd Legislature's, House Bills 681 and 1372 and Senate Bill 7. Summary of Opinion. Senate Bill 7 of the 73rd Legislature was enacted after House Bill 681 of the same session, so its amendment to the punishment provision of Education Code, sec.4.25, prevails over the conflicting amendment in House Bill 681. Therefore, "[a]n offense under . . . sec.[4.25] is punishable by a fine of not less than $10 nor more than $50 for the first offense, not less than $20 nor more than $100 for the second offense, and not less than $50 nor more than $200 for a subsequent offense." Education Code, sec.4.25(a) and (b), amended by Acts 1993, 73rd Legislature, Chapter 347, sec.6.01. TRD-9450099 Requests for Opinions (RQ-734). Request from Carol S. Vance, Chair, Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, concerning whether deadly force may be used to prevent the escape of a person from a state jail facility. (RQ-735). Request from Honorable Fred Hill, Chair, Committee on Urban Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning validity of a consultation agreement between a school district and a local professional educational association. (RQ-736). Request from Leonard W. Peck, Jr., Assistant General Counsel, Texas Department of Criminal Justice, P.O. Box 99, Huntsville, Texas 77342-0099, concerning whether an inmate may obtain under the Open Records Act a document confiscated from him/her by the Texas Department of Criminal Justice. (RQ-737). Request from Honorable Judith Zaffirini, Chair, Committee on Health and Human Services, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether group hospital and medical service fees charged by a state university may be waived for active duty military personnel. (RQ-738). Request from David R. Smith, M.D., Commissioner, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, concerning whether Attorney General Opinion DM-283 (1994) correctly determined that a county clerk may collect a security fee, as authorized by the Local Government Code, sec.291.007, at the time of filing a birth, death, or fetal death record and related questions. (RQ-739). Request from William G. Burnett, P.E., Executive Director, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, concerning reconsideration of Open Records Decision 592 (1991): whether financial information submitted to the Texas Department of Transportation by a company in connection with its application for Disadvantaged Business Enterprise status is protected from required public disclosure under the Open Records Act. (RQ-740). Request from Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas 77002-1891, concerning legal representation of county employees by the Harris County Attorney. (RQ-741). Request from Honorable Rick Perry, Commissioner, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, concerning Constitutionality of the Agriculture Resources Protection Authority, and related questions. (RQ-742). Request from Honorable Kim Brimer, Chair, Committee on Business and Industry, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768- 2910, concerning whether the legislature may require a political subdivision to join, and pay assessments to, a guaranty association for workers' compensation liabilities. (RQ-743). Request from Carol S. Vance, Chair, Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, concerning whether deadly force may be used to prevent the escape of a person from a state jail facility. (RQ-744). Honorable John W. Segrest, McLennan County Criminal District Attorney, 219 North Sixth Street, Suite 200, Waco, Texas 76701, concerning whether competitive bidding is required for certain purchases by a county under Texas Civil Statutes, Article 601b, sec.3.081, which establishes a catalogue purchase procedure. (RQ-745). Request from William Grossenbacher, Administrator, Texas Employment Commission, 101 East 15th Street, Austin, Texas 78778, concerning whether the Texas Employment Commission may transfer to a wage claimant the lien for unpaid wages that attaches to property of an employer, pursuant to Labor Code, sec.61.019. (RQ-746). Request from Steve Robinson, Executive Director, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765, concerning accrual of longevity pay by an employee who becomes eligible to receive hazardous duty pay. (RQ-747). Request from Doyne Bailey, Administrator, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127, concerning validity of a one-year residency requirement for obtaining a liquor license. (RQ-748). Request from Bruce A. Levy, M.D., J.D., Executive Director, Texas State Board of Medical Examiners, P.O. Box 149134, Austin, Texas 78714-9134, concerning whether a licensed acupuncturist may hold himself out to the public as a "doctor," "an oriental medical doctor," or an "O.M.D." (RQ-749). Request from Nora A. Linares, Executive Director, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630, concerning whether information relating to complaints filed with the Texas Lottery Commission, and investigations conducted pursuant thereto, is excepted from disclosure under the Open Records Act, Government Code, Chapter 552. (RQ-750). Request from Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas 77002-1891, Attn: Sandra D. Hachem, Assistant County Attorney, concerning status of a reserve deputy called into service by a sheriff under Local Government Code, sec.85.004. (RQ-751). Request from Karen Hendershot Bailey, Assistant City Attorney, Legal Department, City of Victoria, P.O. Box 1758, Victoria, Texas 77902-1758, concerning availability to the suspect's parent of an offense report involving a juvenile suspect. TRD-9450098