ATTORNEY GENERAL Under provisions set out in the Texas Constitution, the Texas Government Code, Title 4, 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. Request for Opinions ID# 38695 Request from Anthony P. Picchioni, Texas State Board of Examiners of Professional Counselors, 1100 West 49th Street, Austin, Texas 78756-3183, concerning authority of the Texas State Board of Examiners of Professional Counselors to conduct an executive session to discuss pending complaints. ID# 38698 Request from the Honorable Kenny Marchant, Chair, Committee on Financial Institutions, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether requirements imposed by sec.2256.005(k), Government Code, for a "Public Funds Investment Act Acknowledgment and Certification Form". ID# 38781 Request from the Honorable Debra Danburg, Chair, Committee on Elections, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether the creation of alcohol- free school zones. ID# 38787 Request from John Malin, Executive Director, Executive Council of Physical and Occupational Therapy Examiners Board, 333 Guadalupe, Suite 2-510, Austin, Texas 78701-3942, concerning reimbursement of per diem and travel expenses for council and board members of the Executive Council of Physical and Occupational Therapy Examiners, the Board Physical Therapy Examiners, and the Board of Occupational Therapy Examiners. ID# 38818 Request from The Honorable Don Henderson, Chair, Committee on Jurisprudence, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, concerning authority of a homeowners association t o assess additional fees or raise existing fees pursuant to the Property Code, sec.204.010. ID# 38830 Request from The Honorable Thomas F. Lee, District Attorney, 63rd Judicial District, P.O. Box 1405, Del Rio, Texas 78841, concerning whether the Del Rio Chamber of Commerce Room Tax Committee is subject to the Open Meetings Act, Chapter 551, Government Code. ID# 38838. Request from The Honorable Carlos Lara, County Auditor, 103 North Fifth Street, Carrizo Springs, Texas 78834, concerning whether a county attorney may utilize county owned computer equipment and the services of a county employee in his private law practice. ID# 38855 Request from the Honorable W. Keith Oakley Chair, Committee on Public Safety, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 concerning municipal regulation of manufactured housing. ID# 38863 Request from the Honorable James Kuboviak, County Attorney, Brazos County, 300 East 26th Street, Bryan, Texas 77803, concerning procedure for implementing Letter Opinion 96-060 (1996), which held that, where the district court and the statutory county courts have concurrent misdemeanor jurisdiction, only the district clerk may accept misdemeanor cases for filing. ID# 38882 Request from the Honorable Steven Hilbig, Bexar County, Criminal District Attorney, 300 Dolorosa, Suite 5072 , San Antonio, Texas 78205-3030, concerning whether an office holder is required to report a particular transaction as a contribution and or an expenditure. ID# 38886 Request from the Honorable Tim Curry, Criminal District Attorney, 401 West Belknap Street, Fort Worth, Texas 76196-0201, concerning whether a member of the executive committee of the Ft. Worth Transportation Authority must reside within the boundaries of a member municipality. ID# 38887 Request from Brenda F. Arnett, Executive Director, Texas Department of Commerce, P.O. Box 12728, Austin, Texas 78711-2728, concerning applicability of the Open Meetings Act to the Capitol Certified Development Corporation. ID# 38890 Request from the Honorable Barry Telford, Chair, Committee on Pensions and Investments, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning application of rider 6 to the current appropriation for the Optional Retirement Program, with regard to public community and junior college employees. ID# 38895 Request from the Honorable David Motley, County Attorney, 700 East Main Street, Suite B20, Kerrville, Texas 78028-5324, concerning authority of a justice of the peace to subpoena records from a municipal EMS department. ID# 38906 Request from Tommy V. Smith, Executive Director, Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, concerning applicability of Texas Civil Statutes, Article 8861, the Air Conditioning and Refrigeration Contractor's License Law, to municipal licensing ordinances. ID# 38908 Request from the Honorable Tom Craddick, Chair, Committee on Ways and Means, House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning applicability of the Tax Code, sec.11.31 to an injection well that is operated solely for the purpose of treating and disposing of commercial waste. ID# 38916 Request from the Honorable Rene Guerra, Criminal District Attorney, Hidalgo County Courthouse, Edinburg, Texas 78539, concerning design/build construction contracts for a county detention facility. ID# 38929 Request from the Honorable John Vance, District Attorney, Dallas County, Frank Crowley Courts Building, Dallas, Texas 75207-4313, concerning authority of the City of Wylie to enforce its fire code outside its city limits in the absence of a declaration of nuisance. ID# 38941 Request from the Honorable Steven C. Hilbig, Bexar County Criminal District Attorney, 300 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, concerning fee for filing verified petition for occupational drivers license following conviction for DWI. ID# 38943 Request from the Honorable Stephen H. Smith, District Attorney, 119 Judicial District, 124 Beauregard, Courthouse Street Annex, San Angelo, Texas 76903, concerning whether a county may set a five cent surcharge on the sale of items from vending machines in the county courthouse for an employee benefit fund. ID# 38948 Request from the Honorable Jennifer Noack, Acting Executive Director, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, concerning whether the Board of Examiners of Psychologists may authorize the use of "psychological extenders" acting under the supervision of a licensed psychologist. ID# 38953 Request from the Honorable George P. Morrill, II, District Attorney, 156th Judicial District of Texas, Bee County Courthouse, Room 205, Beeville, Texas 78102, concerning whether an elected county attorney may simultaneously serve as an assistant district attorney in the same county, and related questions. ID# 38954 Request from Craig Pederson, Executive Administrator, Water Development Board, 1700 North Congress Avenue, Austin, Texas 78711, concerning whether a state agency may award a $50.00 savings bond in recognition of an employee's service. ID# 38964 Request from the Honorable Hugo Berlanga, Chair, Committee on Public Health, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning Use of needles by a chiropractor. ID# 39009 Request from the Honorable Robert Jarvis, Grayson County Attorney, Justice Center, Suite 116A, Sherman, Texas 75090, concerning authority of a home rule city to require an escrow deposit from the developer of a subdivision within its extraterritorial jurisdiction. ID# 39010 Request from Jack Crump, Executive Director, Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas 78711, concerning regulatory authority of the Commission on Jail Standards with regard to certain private jail facilities. ID# 39014 Request from the Honorable Judith Zaffirini, Chair, Health and Human Services, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, concerning whether the state may enter into a contingent fee contract with a private law firm for the provision of legal services involved in a particular lawsuit. TRD-9614573