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.

Letter Opinions
LO-95-46 (ID# 34680).
 Request from Honorable Gonzalo Barrientos, Chair Committee of the Whole on 
Legislative and Congressional Redistricting, Texas State Senate, P.O. Box 12068 
Austin, Texas 78711, concerning whether Article III, Section 3, of the Texas 
Constitution requires state senators to redraw lots to determine the lengths of 
their terms after a federal court order changing district boundaries is entered.
Summary of Opinion.
Texas Constitution, Article III, sec.3 does not require a new election of state 
senators and a subsequent redrawing of lots to determine the lengths of their 
terms in an instance in which a state or federal court of competent jurisdiction 
issues a redistricting order; such an order is not an "apportionment" for 
purposes of sec.3. The passage of legislation changing two senatorial districts 
would constitute an apportionment for purposes of Article III, sec.3, thus 
necessitating a new election of state senators and a redrawing of lots by 
senators to determine the lengths of their terms.
TRD-9510874
LO-95-47 (ID# 34818).
 Request from Honorable Gonzalo Barrientos, Chair Committee of the Whole on 
Legislative and Congressional Redistricting, P. O. Box 12068 Austin, Texas 
78711-2068, concerning whether a school administrator may actively recruit 
members for teacher organizations and associations.
Summary of Opinion.
Education Code, sec.21.407(a) prohibits a school district employee from directly 
or indirectly requiring or coercing any teacher to join any organization or 
association.
TRD-9510875
LO-95-48 (ID# 33904).
 Request from Honorable John Whitmire, Chair Criminal Justice Committee, Texas 
State Senate P.O. Box 12068 Austin, Texas 78711, concerning whether a municipal 
police officer may simultaneously hold the position of city council member in a 
different city.
Summary of Opinion.
A municipal police officer of the City of Houston is not as a matter of law 
prohibited from serving simultaneously as an elected member of the city council 
of Magnolia.
TRD-9510876

Opinions
DM-359 (RQ-787).
Request from Mr. Ray Farabee, Vice Chancellor and General Counsel, The 
University of Texas System, 201 West Seventh Street, Austin, Texas 78701-2981, 
concerning Eligibility of certain individuals, enrolled as students at the 
University of Texas at Austin, to claim exemption from payment of various fees 
and charges.
Summary of Opinion.
All persons honorably discharged from the armed forces of the United States 
since January 31, 1955, who served on active duty for more than 180 days, 
exclusive of training, are entitled to exemption from the payment of all fees 
and charges imposed upon students by The University of Texas at Austin, except 
(1) property deposit fees; (2) charges related to lodging, board, and clothing; 
(3) voluntary student services fees as described in section 54.513(a)(3) of the 
Education Code; and (4) compulsory student services fees as described in and 
limited by section 54.513(a)(2) and (j) of the Education Code.
TRD-9510877
DM-361 (RQ-747).
Request from Mr. Doyne Bailey, Administrator, Texas Alcoholic Beverage 
Commission, P.O. Box 13127 Austin, Texas 78711-3127, concerning whether a 
requirement in the Alcoholic Beverage Code that an applicant for a liquor 
license or permit have been a resident of Texas for at least one year before 
submitting the application violates the United States Constitution.
Summary of Opinion.
All of the issues involved in a court's analysis of the constitutionality of the 
Alcoholic Beverage Code's one-year residency requirement involve the resolution 
of fact questions.
TRD-9510878