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. To request copies of 
opinions, phone (512) 462-0011. To inquire about pending requests for opinions, 
phone (512) 463-2110.
Opinion Request
RQ-757. Requested from Honorable Tim Curry, Criminal District Attorney, Tarrant 
County, 401 West Belknap, Fort Worth, Texas 76196-0201, concerning whether a 
district clerk may require an advance deposit of fees for service of process by 
a sheriff or constable; whether deferred collection of the fee for service of 
civil process by a sheriff or constable constitutes a loan of credit under 
Article III, sec.52, or Article XI, sec.3, of the Texas Constitution.
Summary of Opinion.
This request for opinion was originally published in the December 2, 1994, 
issue, Volume 19, Number 88, page 9429. In connection with the previously listed 
request for an attorney general opinion, we are re-examining the issue of 
whether a mere extension of credit for the purchase of goods or services from 
the State or one of its political subdivisions constitutes a loan of the State's 
credit or of the credit of its subdivision under the constitutional prohibitions 
against lending credit. Although we have found no controlling Texas precedents, 
certain Texas court decisions apparently are based on the assumption that a 
government's extension of credit to a purchaser is a loan of the government's 
credit. See Brazoria County v. Perry, 537 S.W.2d 89 (Tex. Civ. App.-Houston [1st 
Dist.] 1976, no writ); McCarty v. James, 453 S.W.2d 220 (Tex. Civ. App.-Austin 
1970, no writ). Furthermore, various opinions of this office have so concluded, 
See Attorney General Opinions MW-461 (1982); 2996 (1937), or have so assumed, 
see Attorney General Opinions JM-1229 (1990); JM-749 (1987); JM-533 (1986). This 
issue may touch upon many transactions involving goods and services sold by 
state and local governmental entities. We therefore hereby give notice of the 
pendency of this question so that any interested parties may submit briefing. We 
invite any interested parties to submit briefs within sixty days of this letter.
TRD-9504992