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
LO95-079 (ID#-32902).
Request from Elton Bomer, Commissioner, Texas Department of Insurance, P.O. Box 
149104, Austin, Texas 78714-9104, concerning whether Texas Insurance Code, 
Article 1.06C restricts a former general counsel of the Texas Department of 
Insurance from appearing on his or her own behalf before the department.
Summary of Opinion.
Insurance Code, Article 1.06C, in restricting a former Department of Insurance 
general counsel from representing "any person" in a matter before the 
department, does not restrict such former general counsel's appearing on his or 
her own behalf before the department.
TRD-9601078
LO95-080 (ID#-25669).
Honorable Tracey Bright, Ector County Attorney, Ector County Courthouse, Room 
201, Odessa, Texas 79761, concerning whether the spouse of a school district 
trustee may work at the district as a speech pathologist as an employee of a 
private corporation that has a contract with the district.
Summary of Opinion.
In certain circumstances, the provisions of the Education Code, sec.21.916 and 
the Local Government Code, sec.171.003 and the Government Code, sec.573.041 do 
not prohibit the spouse of an independent school district trustee from seeking 
employment with a corporation doing business with the district.
TRD-9601077
LO95-081 (ID#-31601).
Request from Ellen Dodd, Matagorda County Auditor, 1700 Seventh Street, Room 
326, Bay City, Texas 77404-0487, concerning whether the filing of an affidavit 
to support issuance of an arrest warrant by a magistrate stops the running of 
the statute of limitations on a Class A or Class B misdemeanor.
Summary of Opinion.
The filing of an affidavit to support issuance of an arrest warrant by a justice 
of the peace does not stop the running of the statute of limitations for a Class 
A or Class B misdemeanor. The statute is tolled, rather, by the filing of an 
information with supporting affidavit in the county court.
TRD-9601079
LO95-082 (ID#-30696).
Request from Mike Moses, Ph.D., Commissioner of Education, Texas Education 
Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, concerning whether 
the Open Meetings Act, Government Code, Chapter 551, requires that a parent's 
grievance must be heard by a school district board of trustees in open session 
if the parent so requests, and related questions.
Summary of Opinion.
The Open Meetings Act (the Act), Government Code, Chapter 551, vests the 
governmental body at issue with the authority to make the initial determination 
whether it is authorized under the act to consider an agenda item in closed 
session. The Government Code, sec.551.142 provides that "[a]n interested person 
. . . may bring an action by mandamus or injunction to stop, prevent, or reverse 
a violation or threatened violation of this chapter by members of a governmental 
body." (Emphasis added.) Because the Government Code, sec.551.074 does not 
require that a personnel matter be considered in a closed meeting, the 
Government Code, sec.551.082(a)(1) and (b) providing that a school board may 
meet in closed session to consider a case involving the discipline of a public 
school child unless the parent objects, must prevail in circumstances where both 
provisions arguably apply and the child's parent insists on an open meeting.
TRD-9601080
LO95-083 (ID#-34027).
Request from Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, 
Suite 634, Houston, Texas 77002-1891, concerning which costs in a guardianship 
proceeding are payable by the county if the ward's resources are insufficient.
Summary of Opinion.
If the estate of a ward is insufficient, the costs in a guardianship proceeding 
which are the responsibility of the county include those for services of a 
guardian ad litem, a court visitor, an attorney ad litem, and an interpreter, as 
well as clerk fees, service fees, court reporter fees, fees of masters statute, 
and costs of services of mental health professionals. The costs of the services 
of a guardian or an attorney, as distinct from a guardian ad litem or an 
attorney ad litem, are not the county's responsibility.
TRD-9601081
LO95-084 (ID#-34830).
Request from Curtis Tunnell, Executive Director, Texas Historical Commission, 
P.O. Box 12276, Austin, Texas 78711-2276, concerning travel reimbursement for 
members of the Texas Historical Commission.
Summary of Opinion.
Pursuant to Texas Government Code, sec.sec.659. 031-659.033, Texas Historical 
Commission members are limited to reimbursement of eighty dollars per day for 
actual expenses for meals and lodging.
TRD-9601082
LO95-085 (RQ-854).
Request from Honorable Pete P. Gallego, Chair, Committee on General 
Investigating, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning whether the term "qualified hotel project," as defined by 
House Bill 2282, Act of May 11, 1993, 73rd Legislature, Regular Session, Chapter 
231, 1993 Texas General Laws 480, includes a private entity selected by a 
municipality.
Summary of Opinion.
The term "qualified hotel project," as defined by House Bill 2282, Act of May 
11, 1993, 73rd Legislature, Regular Session, Chapter 231, 1993 Texas General 
Laws 480, includes a private entity selected by a municipality.
TRD-9601083
LO95-086 (ID#-36426).
Request from Honorable Preston Poole, Garza County Attorney, Garza County 
Courthouse, P.O. Box 296, Post, Texas 79356, concerning whether an individual 
must have resided in a county for six months prior to his or attorney.
Summary of Opinion.
In order to be eligible attorney, an individual must have resided in the county 
for at least six months immediately preceding the date of appointment.
TRD-9601084
LO95-087 (ID#-36678).
Request from Honorable Antonio O. Garza, Jr., Secretary of State, Executive 
Division, Office of the Secretary of State of Texas, P.O. Box 12697, Austin, 
Texas 78711-2697, concerning election of school board trustees by majority vote 
from single-member districts or by numbered position under Senate Bill 1, Act of 
May 27, 1995, 74th Legislature, Regular Session, Chapter 260, 1995 Texas Session 
Law Service 2207.
Summary of Opinion.
School districts operating prior to September 1, 1995, under the provisions of 
former Education Code, sec.23.023 for the election, by majority vote, of seven 
school board trustees from single-member districts, and two, the board president 
and vice president, at large, shall continue, pursuant to Education Code, 
sec.11.062 as adopted by the 74th Legislature's Senate Bill 1, to elect members 
in such fashion by majority vote until a different method is adopted by the 
board. There is no provision relative to districts electing trustees by numbered 
position under Education Code, sec.11.058(b), as adopted by Senate Bill 1, which 
removes such elections from the plurality vote requirement of Election Code, 
sec.2.001.
TRD-9601085
LO95-088 (ID#-32192).
Request from Honorable John T. Montford, Chair, Finance Committee, Texas State 
Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the salary and 
expenses of the medical examiner's office are authorized medical and hospital 
care expenses which can be funded by the Lubbock County Hospital District.
Summary of Opinion.
The Texas Constitution, Article IX, sec.9, together with special or general 
enabling legislation, authorizes the creation of hospital districts for the 
purpose of providing medical and hospital care for the needy inhabitants of the 
county or counties in which such districts are located. The salary and expenses 
of the medical examiner's office are not authorized medical and hospital 
expenses which can be funded by a county hospital district.
TRD-9601086
LO95-089 (ID#-33092).
Request from Helen L. Campbell, Commissioner, Fire Fighters' Pension Commission, 
3910 South IH-35, Suite 235, Austin, Texas 78704, concerning whether the board 
of trustees of a retirement system governed by Texas Civil Statutes, Article 
6243e is authorized to exclude a car allowance paid to a fire fighter from his 
or her "compensation" for purposes of calculating contributions and benefits.
Summary of Opinion.
In the absence of a clear definition of the term "compensation" in Article 
6243e, or in a rule adopted by the fire fighters' pension commissioner pursuant 
to Article 6243e, sec.21(f), each individual retirement system established under 
Article 6243e may adopt a reasonable definition of the term to carry out its 
administrative duties. Such definition must include "amounts of workers' 
compensation benefits received by an employee and by which the employee's salary 
is reduced," as specifically required by Article 6243e, sec.2(9).
TRD-9601087
LO95-090 (ID#-21377).
Request from Honorable Tracey Bright, Ector County Attorney, Ector County 
Courthouse, Room 218, Odessa, Texas 79761, concerning whether Local Government 
Code, sec.380.001(a) authorizes a home-rule municipality to agree to abate 
delinquent taxes and related questions.
Summary of Opinion.
Neither Local Government Code, sec.380.001 nor Tax Code, sec.312.204 authorizes 
a municipality to abate delinquent taxes owed by a taxpayer who participates in 
the municipality's enterprise zone. Moreover, the Texas Constitution, Article 
III, sec.55 expressly forbids the abatement of delinquent taxes.
TRD-9601088
LO95-091 (RQ-812).
Request from Honorable John Vance, Dallas County District Attorney, 411 Elm 
Street, Dallas, Texas 75202, concerning filing of federal tax liens and related 
questions.
Summary of Opinion.
Filing of "notice" of a federal tax lien in the proper office by the United 
States Secretary of the Treasury or his or her delegate makes the lien valid 
against purchasers and other persons described in Internal Revenue Code, 
sec.6323. Certification of a notice of lien by the Secretary of the Treasury or 
his or her delegate entitles it to be filed and no other attestation, 
certification, or acknowledgment is necessary. Notices of federal tax liens 
other than ones against corporations and partnerships are to be filed against 
real property in the office of the county clerk of the county where real 
property of the person against whose interest the lien applies is situated. 
Notices of such liens against personal property are to be filed in the office of 
the county clerk of the county where the person against whose interest the lien 
applies resides at the time it is filed. The United States Secretary of the 
Treasury or his or her delegate may file a release of a federal tax lien. There 
is no provision for the release of a lien by the person against whom a lien has 
been filed.
TRD-9601089

Open Records Letter Opinions
LO-96-0001 (ID #38086 formerly ID #35941) Request from Honorable Mike Driscoll, 
County Attorney, Harris County, 1001 Preston, Suite 634, Houston, Texas 77002-
1891, whether a hospital district may charge retrieval and copying fees for 
health care information in accordance with the Health and Safety Code, new 
sec.241.154(b) when those fees exceed the charges established by the General 
Services Commission pursuant to the Government Code, sec.552.262.
Summary of Opinion.
A hospital district may assess fees for the retrieval and copying of health care 
information in accordance with Texas Health and Safety Code, sec.241.154(b), Act 
of May 29, 1995, 74th Legislature, Regular Session, Chapter 856, sec.1, 1995 
Texas Session Law Service 4290,4292, even when those fees exceed the charges 
established by the General Services Commission pursuant to sec.552.262(a) of the 
Government Code, Act of May 29, 1995, 74th Legislature, Regular Session, Chapter 
1035, sec.17, 1995 Texas Session Law Service 5127, 5136.
LO-96-0002 (ID #29925) Request from Honorable Barry S. Green, District Attorney, 
Jack and Wise Counties, Wise County Courthouse, Suite 200, Decatur, Texas 76234 
concerning whether, under the Government Code, Open Records Act, Chapter 552, a 
governmental body that received a request prior to September 1, 1995, may charge 
the requestor for access to information comprised of pages that are legal size 
or smaller and related question.
Summary of Opinion.
Our conclusions apply only to a request for information that a governmental body 
received prior to September 1, 1995. The Government Code, Open Records Act, 
Chapter 552, does not permit a governmental body to charge a requestor for 
access to information comprised of pages that are legal size or smaller and that 
do not contain confidential information, regardless of the degree of difficulty 
involved in retrieving the information. A governmental body may treat a request 
for information, portions of which consist of confidential information, as a 
request for copies. The governmental body thus may levy charges in accordance 
with the Government Code, sec.552.261, if the information is comprised of pages 
that are legal size or smaller. Where a member of the public seeks access to 
information, portions of which are confidential, so that the requestor may copy 
the information on his or her own copier, the governmental body must not comply. 
Rather, the governmental body must treat the request as one for copies.
TRD-9600976

Open Records Request
ORQ-6 (ID#-37821).
Request from Ken Oden, County Attorney, Travis County, P.O. Box 1748, Austin, 
Texas 78767, concerning whether in light of the repeal of the Family Code,  
sec.51.14, juvenile law enforcement records maintained by law enforcement 
agencies remain confidential as of January 1, 1996, and related questions.
TRD-9601107

Request for Opinion
RQ-861 is being republished to correct a clerical error in a cite to the Local 
Government Code.
(RQ-861). Request from The Honorable Mike Moses, Commissioner, Texas Education 
Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494 concerning whether 
the competitive bidding requirement of the Local Government Code, sec.271.024, 
is applicable to school districts in light of the enactment by the 74th 
Legislature of sec.44.031, Education Code, Act of May 27, 1995, 74th 
Legislature, Regular Session, Chapter 260, sec.1, 1995 Texas Session Law Service 
2207,2207.
TRD-9600898