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. Open Records Decision ORD-648 (RQ-674). Request from the Honorable Jack Harris, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding whether the Government Code, sec.552.101, in conjunction with the Government Code, Chapter 306 makes confidential letters received by a legislator and the originating number and other information concerning telephone calls made to a legislator. Summary of Decision. Letters from a citizen of this state received by a legislator in his official capacity are "written communications of citizens" within the Government Code, sec.306.004(a). Records of the date, connect time, and duration, and originating number of citizen calls to a toll-free number in a legislator's office that are maintained on the Legislative Council computer are not "memoranda of communications with residents of the state" under sec.306.003(a) or "recorded communication[s] from a citizen of this state" received by a legislator or the lieutenant governor under sec.306.004. The originating number is "personal information concerning the person communicating with the member or lieutenant governor" under sec.306.003(a). Information falling within the scope of the Government Code, Chapter 306 may be released only as that chapter provides and does not fall within the scope of the Texas Open Records Act, Government Code, Chapter 552. A member of the legislature or the lieutenant governor may elect to disclose all or part of the information within the Government Code, sec.306.003(a) and sec.306.004, but is not required to do so. TRD-9615813 Open Records Request ORQ-20 (ID# 102620) Request from Ms. Mary Keller, Senior Associate Commissioner, Legal and Compliance, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, regarding whether requests for information transmitted after 5:00 p.m. by e-mail or fax are considered "received" on the next business day for purposes of computing deadlines under the Texas Open Records Act, the Government Code, Chapter 552, and related questions. TRD-9615929 Opinions DM-409 (874). Request from James D. Goerke, Executive Director, Advisory Commission, on State Emergency Communications, 333 Guadalupe Street, Suite 2-212 , Austin, Texas 78701-3942, concerning whether Health and Safety Code sec.777.007 requires the state to indemnify an individual who is not an employee of a regional poison control center and related questions. Summary Health and Safety Code sec.777.007 requires the state to indemnify only an employee of a regional poison control center. An individual's status as an employee is determined by whether the putative employer has a right to control the details of the individual's work. In addition, an employee is distinguished from a volunteer by an employee's contractual (express or implied) right to compensation. An employee of a state agency, not a regional poison control center, is not entitled to indemnification under Health and Safety Code sec.777.007. Thus, an officer or employee of the Advisory Commission on State Emergency Communications, the Texas Department of Health, the General Services Commission, or the coordinating committee established by Health and Safety Code sec.777.008 who are not employees of a regional poison control center are not entitled to indemnification under sec.777.007. Of course, other statutes may provide these individuals with indemnity or exempt them from liability. Furthermore, sec.777.007 does not require the state to indemnify volunteers or independent contractors of a regional poison control center. DM-410 (RQ-844). Request from The Honorable Harvey Hilderbran, Chair, Committee on Human Services, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether the supermajority requirement in Local Government Code sec.212.015(c) is unconstitutional and related questions. Summary The supermajority requirement in Local Government Code sec.212.015(c) is not unconstitutional on its face. DM-411(RQ-786). Request from Mr. David W. Myers, Executive Director, Texas Commission for the Deaf, and Hearing Impaired, P.O. Box 12904, Austin, Texas 78711, concerning use of an interpreter for deaf and hearing-impaired persons in administrative and judicial proceedings. Summary Parties and witnesses to juvenile detention hearings who are deaf or hearing-impaired, like all such parties and witnesses in civil cases, are entitled under sec.21.002 of the Civil Practice and Remedies Code to the services of a qualified interpreter, as defined by sec.21.003 of the Civil Practice and Remedies Code. For the purposes of a juvenile detention hearing, sec.51.02(10) of the Family Code defines "party" as including "the state, a child who is the subject of proceedings . . . , the child's parent, spouse, guardian, or guardian ad litem." A custodial relative not included within sec.51.02(10)'s list of parties who is not a witness to the proceedings is not entitled as a matter of law to the services of an interpreter under Texas statutes, nor does the Americans with Disabilities Act, 42 United States Code sec.sec.12101 through 12213, require the provision of an interpreter to such a person. A grand juror must be provided with the services of an interpreter whose qualifications are the same as those mandated for an interpreter for a deaf defendant or witness by Code of Criminal Procedure, Article 38.31(g)(2), in order to guarantee the grand juror the right of access mandated by 42 United States Code sec.12132. In the event that the services of the interpreter are necessary to aid the grand juror in deliberation, the Americans with Disabilities Act would require the provision of such services in the grand jury room despite the strictures of Code of Criminal Procedure, Article 20.011(b). To the extent that interpreter services are required in order to make court-mandated services available to deaf or hearing-impaired persons on a nondiscriminatory basis, the costs of such services may not be imposed on such persons by taxing them as court costs. DM-412 (RQ-892). Request from The Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas 77002-1891, concerning whether a county juvenile board is authorized to provide educational services to students who have not been adjudicated delinquent by a juvenile court and ordered to attend a juvenile justice alternative education program pursuant to Education Code, sec.37.011(b), and related question. Summary A county juvenile board is authorized to provide educational services at a juvenile justice alternative education program to students other than pursuant to a juvenile court order under sec.37.011(b)(1). A county juvenile board is authorized to enter into a memorandum of understanding with school districts that provides for JJAEP placement of students expelled from school but not adjudicated delinquent pursuant to sec.37.011(b). DM-413 (ID# 27238). Request from The Honorable Cindy Maria Garner, District Attorney, 349th Judicial District, P.O. Box 1076, Crockett, Texas 75835, The Honorable Joey L. Boswell, Comanche County Auditor, Courthouse, Comanche, Texas 76442, concerning whether a county is liable for the payment of medical expenses that a county jail inmate who is not an eligible county resident under chapter 61 of the Health and Safety Code incurs. Summary Under Code of Criminal Procedure, Article 104.002(d), a hospital district is entitled, at the time it renders medical services to an inmate of the county jail who is not eligible for assistance under Chapter 61 of the Health and Safety Code, to payment from the inmate. The noneligible inmate is ultimately liable for the costs of medical services he or she receives while incarcerated. If the inmate is unable to pay the hospital district at the time he or she receives medical services from the hospital district, the county of incarceration must pay for the services. Section 104.002(d) authorizes the county to seek reimbursement from the inmate or from another source, however. DM-414 (RQ-894). Request From Mr. Barry R. McBee, Chair, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, concerning whether the state constitutionally may implement, as part of its vehicle emissions inspection and maintenance program, a federal requirement that the state temporarily may suspend station or inspector licenses immediately upon finding a violation of the program or equipment failure. Summary The immediate temporary suspension requirement in 40 Code of Federal Regulation sec.51.364(b)(1), under which a state must authorize a quality assurance officer temporarily to suspend, prior to providing a hearing, the license of an inspection station or inspector for violations of the state's vehicle emissions inspection and maintenance program, does not violate Texas Constitution Article I, sec.19, the due-process clause, unless it violates the federal constitution. We believe a court would find that the immediate, temporary suspension requirement does not violate the federal constitution as a matter of law. Whether a particular application of the requirement violates constitutional due-process mandates, however, is a question of fact. DM-415 (RQ-853). Request from Bruce A. Levy, M.D., J.D., Executive Director, Texas State Board of Acupuncture Examiners , P.O. Box 149134, Austin, Texas 78714-9134, concerning whether the practice of acupuncture is within the scope of practice for a licensed Texas chiropractor and related questions. Summary Only a health care professional whose license clearly encompasses the practice of acupuncture is excepted from the training and examination requirements set forth for acupuncturists in Texas Civil Statutes, Article 4495b, Subchapter F. The practice of chiropractic, as delineated in Texas Civil Statutes, Article 4512b, sec.1, does not clearly encompass the practice of acupuncture. Accordingly, Texas Civil Statutes, Article 4512b, sec.1, which authorizes a chiropractor to perform only nonsurgical, nonincisive procedures, does not authorize a chiropractor to practice acupuncture. Thus, the practice of acupuncture is not within the scope of practice for a licensed Texas chiropractor. Conversely, a licensed chiropractor must obtain a license to practice acupuncture if the chiropractor desires to practice acupuncture. DM-416 (RQ-877). Request from Bruce A. Levy, M.D., J.D., Executive Director, Texas State Board of Medical Examiners , P.O. Box 149134, Austin, Texas 78714-9134, concerning whether the Texas Optometry Board may adopt a rule authorizing a therapeutic optometrist to administer cocaine eye drops for diagnostic purposes. Summary The Texas Optometry Board may adopt a rule permitting a therapeutic optometrist to administer cocaine eye drops for diagnostic purposes, but only if the eye drops are not an antiviral or antiglaucoma agent and if the purpose of the eye drops is to diagnose visual defects, abnormal conditions, and diseases of the human eye and adnexa. DM-417 (RQ-859). Request from The Honorable Barry Telford, Chair, Committee on Pensions & Investments, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether Government Code sec.822.201(c) constitutionally excludes from salary and wages, for purposes of determining member contributions to and computation of benefits from the Teacher Retirement System, "payments received . . . for teaching a driver education and traffic safety course" Summary The Government Code, sec.822.201(c) which, among other things, excludes from compensation that may be used to contribute to and calculate benefits from the Teacher Retirement System "payments received . . . for teaching a driver education and traffic safety course," applies only to payments a driver training teacher receives for teaching driver training in addition to the teacher's regular salary, perhaps pursuant to a supplemental, independent contract. Whether there is a legitimate state purpose for excluding a payment received outside of a teacher's regular salary for teaching driver training classes from the salary used to calculate a member's contributions to and benefits from the Teacher Retirement System, as the amendment to sec.822.201(c) does, while not excluding similar payments a teacher receives for performing other extra-curricular functions, is a fact question. Likewise, whether sec.822.201(c) actually relates to that purpose is a fact question. DM-418(RQ-836). Request from Mr. Mike Moses , Commissioner of Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, concerning whether the Education Code, sec.44.031 enacted by Act of May 27, 1995, 74th Legislature, Regular Session, Chapter 260, sec.1, 1995 Texas Session Law Service 2207, 2425-26, changes the conclusion reached in Attorney General Opinion DM-347 (1995) and related questions. Summary Newly enacted the Education Code, sec.44.031 prevails over Attorney General Opinion DM-347 to the extent the opinion is inconsistent with the statute. Section 44.031 does not conflict with the conclusion in Attorney General Opinion DM-347 that a contract for the purchase of insurance is not a contract for professional services. Additionally, whether a contract for the purchase of insurance is a contract to purchase personal property no longer matters in the context of sec.44.031. To the extent Attorney General Opinion DM-347 concludes that a school district must competitively bid a contract, valued at more than $24,999.99 in the aggregate for a twelve-month period, for the purchase of insurance, sec.44.031 of the Education Code supersedes the opinion. A school district must award such a contract using one of the methods listed in sec.44.031(a). The board of trustees of the school district must select the method "that provides the best value to the district." Neither sec.44.031 of the Education Code nor Attorney General Opinion DM-347 precludes a school district from executing an insurance contract for a period longer than twelve months. A multi-year contract must, however, comply with sec.271.903(a) of the Local Government Code. Nothing in sec.44.033 of the Education Code prohibits a school district from entering a contract for the purchase of insurance with a duration longer than twelve months. Section 44.033(b) of the Education Code does not limit the length of a contract; it merely requires a school district to publish notice seeking vendors interested in supplying the school district with those goods the school district will be purchasing in the upcoming twelve-month period. If the school district enters a multi-year contract, it must comply with sec.271.903(a) of the Local Government Code. The requirement in sec.44.031 and sec.44.033 of the Education Code, referring to the value of purchases "in the aggregate" indicates that a school district cumulatively must value contracts for like products that a school district normally would purchase together, but only for purposes of determining when a formal procurement process is required by law. Whether a third-party administrator, licensed under Insurance Code, Article 21.07-6, provides a professional service depends upon whether the service requires predominantly mental or intellectual, rather than physical or manual, skills; whether years of education and service are necessary for a practitioner to attain competence as a third-party administrator; and whether a third-party administrator belongs to a discipline with widely accepted standards of required study or specified attainments in special knowledge as distinguished from mere skill. To the extent "reinsurance procurement duties" consist of pricing and acquiring, on behalf of a school district, reinsurance for the school district's self- insurance fund, such duties are not professional services. To the extent that a contract, valued at $25,000 or more in the aggregate for a twelve-month period, is for anything other than professional services, produce, or vehicle fuel, a school district must award it using the one method among the six listed in sec.44.031 of the Education Code that provides the best value to the school district. Likewise, to the extent a contract, valued at between $10,000 and $24,999.99, inclusive, in the aggregate for a twelve-month period is for the purchase of personal property, a school district must award the contract either by competitively bidding the contract or in accordance with sec.44.031(a) and (b). The school board may, but need not, award any professional services included in the contract that are not covered by the Professional Services Procurement Act, Texas Civil Statutes, Article 664-4, in accordance with sec.44.031 or sec.44.033, depending on the value of the contract. DM-419 (RQ-426). Request from Dr. Kenneth H. Ashworth, Commissioner, Texas Higher Education Coordinating Board , P.O. Box 12788, Austin, Texas 78711, The Honorable James M. Kuboviak , Brazos County Attorney, 300 East 26th Street, Suite 325, Bryan, Texas 77803, concerning whether the Texas Guaranteed Student Loan Corporation may garnish the wages of a county employee for the purpose of collecting a federally guaranteed student loan. Summary The Government Code, sec.403.055 and sec.57.48 of the Education Code prohibit the comptroller from withholding salary or retirement warrants from persons who are delinquent in repaying Hinson-Hazlewood college student loans. However, the Texas Guaranteed Student Loan Corporation, pursuant to 20 United States Code sec.1095a(a) has the authority to garnish the wages of persons who default on Federal Family Education Loan Program loans, including state and county employees, despite the stricture of article XVI, sec.28 of the Texas Constitution. TRD-9615945 Letter of Opinions LO-96-063 (RQ-851). Request from The Honorable Fred Hill, Chair, Committee on Urban Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a municipality may impose a "user fee" on the grant of building permits and donate the fees collected to a school district to build schools within the city limits. Summary The City of Plano may not donate public funds to the Plano Independent School District to be spent on the construction of school buildings. The transfer of funds would constitute a gift to the school district in violation of article III, sec.51 and sec.52 of the Texas Constitution. LO-96-064 (ID#38869). Request from The Honorable Mark W. Stiles, Chair, Calendars Committee, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78711-2910, concerning whether a member of a city council or a board of directors of a drainage district may simultaneously serve as a director of the Clear Creek Watershed Regional Flood Control District. Summary A member of a city council and a member of the board of directors of a drainage district located within the geographical boundaries of the Clear Creek Watershed Regional Flood Control District are not prohibited by the Texas Constitution article XVI, sec.40, or the common-law doctrine of incompatibility from serving as directors of the district. LO-96-065 (ID#38805). Request from The Honorable Delma Rios, Kleberg County Attorney, P.O. Box 1411, Kingsville, Texas 78364, concerning whether the district judges who appoint the county auditor or the county commissioners court may require the county auditor to document the auditor's travel expenses. Summary Under Local Government Code sec.152.031(a), a county auditor may not be required to provide documentation of his or her official travel expenses to receive a fixed travel allowance. On the other hand, the district judges who appoint the county auditor and who calculate the auditor's annual salary and travel expense allowance may require the county auditor to provide some documentation of the present year's travel expenses to project the upcoming year's travel expenses. In addition, the county commissioners court has no authority to require the auditor to provide documentation justifying the auditor's travel expense allowance received under Local Government Code sec.152.031(a). LO-96-066 (ID#38802). Request from Mr. Winston W. Lorenz, Chair, San Antonio River Authority, P.O. Box 830027, San Antonio, Texas 78283-0027, concerning status of a member of the board of directors of a river authority who assumes office in the so-called "Republic of Texas". Summary The taking of an oath of allegiance to and acceptance of an "office" from the purported Republic of Texas does not as a legal matter divest a board member of the San Antonio River Authority of his elected public position. LO-96-067 (ID#38659). Request from The Honorable Michael G. Mask, County Attorney, Jack County Courthouse, Third Floor, Jacksboro, Texas 76458, concerning proper procedure for selecting public members of salary grievance committee when no grand jury convened in county during past year. Summary A member of a county's salary grievance committee is an officer for purposes of Texas Constitution article XVI, sec.17 and therefore holds office until a successor is duly qualified. In the event that a successor to a public member of a salary grievance committee cannot be selected because no grand juries were convened in that county during the previous year, the present public members must continue to perform the duties of the office until successors can be selected in accordance with Local Government Code sec.152.015(b). LO-96-068 (ID#36038). Request from The Honorable Joe F. Grubbs, Ellis County and District Attorney, Ellis County Courthouse, Waxahachie, Texas 75165-3759, concerning whether a county that issued a bench warrant in a misdemeanor case for a convicted felon being held in Ellis County must hold the defendant for transfer to the institutional division of the Texas Department of Criminal Justice. Summary A county, "County X," that issued a bench warrant in a misdemeanor case for a defendant convicted of a felony in Ellis County is not obligated to hold the defendant for transfer to the institutional division of the Texas Department of Criminal Justice once the defendant has disposed of the misdemeanor charge. But Ellis County is required to hold the defendant until he or she may be transferred to the institutional division. County X, therefore, may transfer the defendant back to Ellis County to await transfer to the institutional division. LO-96-069 (ID#38322). Request from The Honorable Irma Rangel, Chair, Committee on Higher Education, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a junior college or community college district may use the procedure established by subchapter C, chapter 2, title I, Election Code, when a candidate for its board of trustees is unopposed for election. Summary The new Election Code procedures for the election of unopposed candidates without holding an election, found in chapter 2, subchapter C, do not apply to the election of a candidate for trustee of a junior college district that is not affiliated with an independent school district. On the other hand, chapter 2, subchapter C applies to a candidate for trustee of a junior college district that is affiliated with an independent school district. LO-96-070 (ID#37712). Request from The Honorable John Whitmire, Chair, Committee on Criminal Justice, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the Texas Commission on Law Enforcement Officer Standards and Education is authorized to discipline the chief administrator of a law enforcement agency for failing to notify the commission that a peace officer employed by the agency has failed to comply with the statutory requirement for continuing education. Summary The Texas Commission on Law Enforcement Officer Standards and Education may not, pursuant to sec.415.034 of the Government Code, implement a proposed rule to discipline chief administrators of agencies where the statute does not impose an affirmative duty on such administrators. LO-96-064 (ID#38869). 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 may provide surgical and obstetrical services. Summary Special hospitals, as defined in sec.241.003(11), Health and Safety Code, may not provide surgical or obstetrical services. LO-96-072 (ID#36799). Request from The Honorable Tim Curry, Criminal District Attorney of Tarrant County, 401 West Belknap, Fort Worth, Texas 76196-0201, concerning fees for filing petition for preindictment writ of habeas corpus, and a related question. Summary Filing fees are applicable to filing a petition for a preindictment writ of habeas corpus when the legislature has made clear its intent that a particular fee provision should apply. The district clerk may not charge the following fees for filing a petition for a preindictment writ of habeas corpus: the court reporter fee, Gov't Code sec. 51.601(a); the law library fee, Local Gov't Code sec.323.023(a), the alternative dispute resolution fee, Civ. Prac. & Rem. Code sec. 152.004(a), the security fee, Local Gov't Code sec.291.008(a); the appellate judicial system fee, Gov't Code sec.22.2031(b). The following fees apply to the filing of an application for a preindictment writ of habeas corpus: the district clerk filing fee, Gov't Code sec.51.317(b)(1); the records management and preservation fund fee, id. sec. 51.317(b)(5); and the judicial fee, id. sec.51.701(a). The district clerk may not refuse to file the application for the writ for nonpayment of such fees when the applicant is unable to pay. LO-96-073 (RQ-817). Request from The Honorable Fred Hill, Chair, Committee on Urban Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a municipality which withdraws from a transit authority created under the terms of article 1118y, Texas Civil Statutes, may subsequently levy a sales tax under chapter 321, Tax Code, or under sec.4A or sec.4B of Texas Civil Statutes, Article 5190.6. Summary Should the City of Richardson decide by election to withdraw from the Dallas Area Rapid Transit (DART), it would be able--presuming it met the qualifications of article V.T.C.S. 5190.6, sec.4B(a)(1)(A) or Tax Code sec.321.101(f) for the ceiling on its sales and use taxes--to adopt sales and use taxes pursuant to article 5190.6, sec.4B or Tax Code sec.321.101(a). However, the city is not eligible to adopt a sales and use tax under V.T.C.S. article 5190.6, sec.4A, or the "additional sales and use tax" created by Tax Code sec.321.101(b). LO-96-074 (ID#38426). 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 a county investment officer, under the Public Funds Investment Act, Government Code chapter 2256, is responsible for investing county and district clerk trust funds, funds collected by the county tax assessor, and the district attorney hot check fund. Summary Under the Public Funds Investment Act, Government Code chapter 2256, a county investment officer is responsible for the investment of "public funds" in the custody of the county that the county has the authority to invest. A county investment officer is not responsible for the investment of a county or district clerk trust fund governed by chapter 117 of the Local Government Code, funds collected by the tax assessor prior to their transfer to the county treasurer, or a district attorney's hot check fund established pursuant to article 102.007 of the Code of Criminal Procedure. LO-96-075 (ID#37366). Request from The Honorable James Warren Smith, Jr., Frio County Attorney, 500 East San Antonio Street, Box 1, Pearsall, Texas 78061-1421, concerning use of funds collected as compensation by a prosecuting attorney under sec.71.041, Family Code, which provides for costs to be assessed against a person who becomes the subject of a protective order as a result of having committed family violence. Summary Attorney's fees awarded to prosecuting attorneys under sec.71.041(d) are not analogous to the "hot check fund" created by article 102.007(f) of the Code of Criminal Procedure, and must be administered and disbursed in accordance with the ordinary county budgeting process. LO-96-076 (RQ-843). Request from The Honorable Carl E. Lewis, County Attorney, Nueces County Courthouse, Room 206, 901 Leopard, Corpus Christi, Texas 78401-3680, concerning whether the Corpus Christi Regional Transit Authority may provide financial assistance to an organization that provides emergency medical transportation services by helicopter. Summary Article III, sec.52 of the Texas Constitution does not permit the gratuitous donation of public funds by the Corpus Christi Regional Transit Authority (the "RTA") to an organization which provides emergency medical services. Since, however, the RTA does have authority under sec.451.067 of the Transportation Code to provide emergency medical services, it may contract with another entity for the provision of those services. LO-96-077 (RQ-867). Request from David R. Smith, M.D., Commissioner, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, concerning whether the Texas Board of Health is authorized to adopt certain rules under the Medical Radiologic Technologist Certification Act, V.T.C.S. art. 4512m, and related questions. Summary The Texas Board of Health (the "board") is authorized to approve mandatory training programs in employment settings provided that they satisfy the criteria for "education programs" in sec.2.03(14) of the Medical Radiologic Certification Act, V.T.C.S. art. 4512m (the "act"). A person who is required to complete mandatory training is not required to register with the Texas Department of Health (the "department"), nor is the board authorized to require such a person to satisfy continuing education requirements. Registrants, and others who are not certified under the act, are subject to certain disciplinary action by the department. Registration does not constitute a license for purposes of Family Code chapter 232 or Education Code sec.57.491. The meaning of the term "direct supervision" is ambiguous. We are unable to discern the legislature's intent in enacting these provisions from the definition of "direct supervision" or from the act as a whole. Nor have we located legislative history that sheds any light on the legislature's intent. The act's definition and use of the term "direct supervision" are so vague that a court would probably conclude that an administrative sanction under sec.2.11(f) or a criminal conviction under sec.2.13(a)(4) violates due process. Under sec.2.05(g) of the act, a person, who is not a practitioner or a certified medical radiologic technologist, and who is excepted from certification under sec.2.07, may not perform a dangerous or hazardous procedure. The department must exempt practitioners and entities that demonstrate a hardship from certain requirements of the act. The department is not authorized to limit hardship exemptions to applicants in rural areas. LO-96-078 (ID#31206). Request from The Honorable Don Henderson, Chair, Senate Jurisprudence Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2548, concerning whether a justice of the peace may serve as a Bexar County juvenile law master. Summary Neither sec.33 nor sec.40 of article XVI of the Texas Constitution prohibits a justice of the peace from serving as a Bexar County part-time juvenile law master, regardless of whether the justice of the peace accepts compensation for the latter position. The two positions are not incompatible as a matter of law. LO-96-079 (ID# 38966). Request from Mr. Tom Treadway, Executive Director, General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047, concerning validity under Texas Constitution, article III, sec.35 of rider found at article XI, sec.49, 1995 General Appropriations Act. Summary The rider found at article XI, sec.49 of the 1995 General Appropriations Act attempts to adopt and amend general law in violation of article III, sec.35 of the Texas Constitution and is therefore invalid except to the extent inconsistent with state law. LO-96-080 (ID# 38944). Request from The Honorable Robert Junell, Chair, Committee on Appropriations, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a former member of the legislature may be appointed chancellor of Texas Tech University. Summary The position of chancellor of Texas Tech University is not a "civil office of profit" and thus, a former member of the legislature is not prohibited by article III, sec.18 of the Texas Constitution, from assuming the chancellorship during the term for which he was elected. TRD-9615944 Request for Opinions ID# 38752. Request from the Honorable Royce West, Chair, Interim Committee on Juvenile Driving While Intoxicated Laws, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding authority of a county to impose a charge for monitoring the operation of a vehicle interlock device. ID# 38965. Request from the Honorable Earl Lord, Sabine County, Attorney, P.O. Box 1519, Hemphill, Texas 75948, regarding whether a new sheriff may discharge at will employees of the former sheriff in a non-civil service county. ID# 39000. Request from the Honorable Don Henderson, Chair, Senate Jurisprudence Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding whether the Texas usury statute, V.T.C.S., Article 5069, is applicable to payment demands made on Texas residents by out-of-state parties. ID# 39021. Request from the Honorable Barry B. Telford, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768, regarding validity of an amendment to a contract between the Texas Department of Human Services and the Arkansas - Texas Council of Government. ID# 39032. Request from Mr. Charles Dunlap, Executive Director, Teacher Retirement System, 1000 Red River Street, Austin, Texas 78701-2698, regarding eligibility of the spouse of a person receiving benefits under the Teacher Retirement System for service on the Board of Trustees of that agency. ID# 39049. Request from the Honorable Doyle Willis, Chair, Select Committee on Military and Veterans Affairs, Texas House of Representatives, P.O. Box 2910, Austin, Texas, 78768-2910, regarding whether the Veterans Memorial Corporation is exempt from all ad valorem taxation. ID# 39074. Request from the Honorable Carl E. Lewis, Nueces County, Attorney, 901 Leopard, Room 206, Corpus Christi, Texas 78401-3680, regarding whether rejection of the reappointment of a municipal judge terminates his tenure. ID# 39076. Request from the Honorable Danny Buck Davidson, Criminal District Attorney, Panola County Courthouse, 110 South Sycamore, Carthage, Texas 75633, regarding Status of the Panola County Road Law. ID# 39079. Request from the Honorable Danny Buck Davidson, Panola County, Criminal District Attorney, Panola County Courthouse, 110 South Sycamore, Carthage, Texas 75633, regarding status of county road and bridge employees when a county returns to the ex-officio road commissioner system pursuant to Transportation Code, Chapter 252. ID# 39083. Request from the Honorable Richard J. Miller, Bell County, Attorney, P.O. Box 1127, Belton, Texas 76513, regarding magistrate's authority to require an appearance bond for a class C misdemeanor traffic offense. ID# 39084. Request from the Honorable Wayne Scott, Executive Director, Texas Department of Criminal Justice, P.O. Box 99, Huntsville, Texas 77342-0099, regarding authority of a state agency to withhold a lump sum amount from the wages of an employee who has agreed in writing to a monthly deduction. ID# 39095. Request from the Honorable Jose R. Rodriguez, El Paso County, Attorney, County Courthouse, 500 East San Antonio, Room 203, El Paso, Texas 79901, regarding authority of the El Paso County Juvenile Probation Board to contract and expend funds without approval of the commissioners court and related questions. ID# 39098. Request from the Honorable Charles Moser, Brazos River Authority, President, 4400 Cobbs Drive, P.O. Box 7555, Waco, Texas 76714-7555, regarding whether an individual may simultaneously occupy the position of assistant municipal judge and director of a river authority. ID# 39101. Request from the Honorable Nora A. Linares, Texas Lottery Commission, Executive Director P.O. Box 16630, Austin, Texas 78761-6630, regarding whether the offer for sale of a sweepstakes ticket combined with a long distance telephone card constitutes an illegal lottery, and additional questions. ID# 39104. Request from the Honorable John Whitmire, Texas Senate, P.O. Box 12068, Austin, Texas 78711, Regarding whether a private amusement park may prohibit a commissioned peace officer from carrying a concealed handgun on its premises. ID# 39105. Request from the Honorable Rodney Ellis, Texas Senate, P.O. Box 12068, Austin, Texas 78711, regarding authority of a district or county clerk to destroy bogus documents. ID# 39120. Request from the Honorable John Whitmire, Texas Senate, P.O. Box 12068, Austin, Texas 78711, regarding status of the DeSoto Economic Development Corporation. ID# 39159. Request from the Honorable Doyle Willis, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768, regarding authority of a non-profit charitable organization to simultaneously solicit funds for itself and votes for a legislative candidate. TRD-9615814