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# 39124. Request from The Honorable Eddie Lucio, Texas Senate, P.O. Box
 12068, Austin, Texas 78711, concerning whether a higher education authority
 may make loans and/or pledges of collateral under sec.53.47, Education
 Code.


ID# 39130. Request from The Honorable Ron Lewis, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas 78768, concerning Strategic Partnership agreements
under sec.43.0751, Local Government Code.


ID# 39131. Request from The Honorable Ciro D. Rodriguez, Chair, Committee
 on Local & Consent Calendars, Texas House of Representatives, P.O. Box
 2910, Austin, Texas 78768, concerning classification of deputy constables
 under a county civil service system: Reconsideration of DM-385 (1996).

ID# 39134. Request from The Honorable Sherry L. Lee, Executive Director,
 Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450,
 Austin, Texas 78701, concerning validity of a rule of the state board of
 examiners of psychologists that prohibits the release of "raw data and 
protocols"
 about a patient to that patient.


ID# 39146. Request from The Honorable Kenneth H. Ashworth, Texas Higher
 Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, concerning
 whether a community college is authorized to charge a mandatory technology
 fee, and related questions.


ID# 39149. Request from The Honorable Gonzalo Barrientos, Texas Senate,
 P.O. Box 12068, Austin, Texas 78711, concerning assessment of $3.00 security
 fee as court costs by a municipal court.


ID# 39153. Request from The Honorable Mike Driscoll, Harris County Attorney,
 1001 Preston, Suite 634, Houston, Texas 7700, concerning whether a county
 may install markers designating the location of traffic fatalities in 
subdivisions,
 with restrictive covenants prohibiting such markers, and related questions.

ID# 39163. Request from The Honorable Steven C. Hilbig, Bexar County Criminal
 District Attorney, Bexar County Justice Center, 300 Dolorosa Suite 5072,
 San Antonio, Texas 78205-3030, concerning whether a constable may for 
compensation
 provide security services to private non-county governmental entities and
 related questions.


ID# 39175. Request from The Honorable Steven C. Hilbig, Bexar County Criminal
 District Attorney, Bexar County Justice Center, 300 Dolorosa Suite 5072,
 San Antonio, Texas 78205-3030, concerning whether a constable may for 
compensation
 provide security services to private non-county governmental entities, and
 related questions.


ID# 39178. Request from The Honorable Alberto R. Gonzales, General Counsel,
 Office of the Governor, P.O. Box 12428, Austin, Texas 78711, concerning 
applicability
 of sec.39.03 and sec.42.01, Penal Code, to activities of "Turn Around
 Texas".


ID# 39185. Request from The Honorable Ken Armbrister, Texas Senate, P.O.
 Box 12068, Austin, Texas 78711, concerning collection of reimbursement charges
 for taxes, title and registration fees on motor vehicle rental fleets.

ID# 39195. Request from The Honorable Rodney Ellis, Texas Senate, P.O.
 Box 12068, Austin, Texas 78711, concerning whether a municipality may create
 a public improvement district without receiving a petition under sec.372.005,
 Local Government Code.


ID# 39211. Request from The Honorable Frank Madla, Texas Senate, P.O. Box
 12068, Austin, Texas 78711, concerning whether an individual may be reappointed
 to a vacancy after the Senate adjourns without taking any action on the 
nomination.

ID# 39215. Request from The Honorable Ron Wilson, Texas House of 
Representatives,
 P.O. Box 2910, Austin, TX 78768, concerning whether the City of Prairie View
 may enforce municipal building and safety codes against leased property on
 the campus of Prairie View A&M University.


ID# 39233. Request from The Honorable Mark W. Stiles, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas 78768, concerning authority of the Department
 of Public Safety to require fingerprinting of drivers license applicants
 and related questions.


TRD-9617573