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.

Requests for Opinions
(ID#-36858). Request from Mike Moses, Commissioner of Education, Texas Education 
Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, concerning 
applicability of the nepotism provisions, Government Code, Chapter 573, when a 
school district employee, previously not ineligible thereunder because of 
longevity, returns to employment while the person related to him within the 
prohibited degree is still a member of the district board of trustees.
(ID#-36911). Request from Honorable Pat Phelan, County Attorney, Hockley County 
Courthouse, Box 11, Levelland, Texas 79936, concerning whether an assistant 
juvenile probation officer may simultaneously hold the elective office of 
constable.
(ID#-36913). Request from Honorable David Sibley, Chair, Economic Development 
Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning 
whether the Texas Racing Commission may approve an application for wagering in 
simulcast races by a facility which is as yet incapable of hosting live racing 
events.
(ID#-36955). Request from David R. Smith, M.D., Commissioner, Texas Department 
of Health, 1100 West 49th Street, Austin, Texas 78756-3199, concerning whether a 
"special hospital," as defined by Health and Safety Code, sec.241.003, may 
provide surgical or obstetrical services.
(ID#-37190). Request from Honorable Kim Brimer, Chair, Committee on Business and 
Industry, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning collection of funds for the Texas Peace Officers Memorial under 
the auspices of the Texas Peace Officers Advisory Committee, as established by 
Government Code, Chapter 415, Subchapter F.
(ID#-37250). Request from Honorable Kenny Marchant, Chair, Investments and 
Banking, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether the sales and use tax collected pursuant to Texas Civil 
Statutes, Article 5190.6, the Development Corporation Act of 1979, may be used 
to finance the purchase of books for a municipal public library.
TRD-9516572