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 Request ORQ-21 (ID# 104307). Request from Sonya Letson, County Attorney, Potter County, 500 South Fillmore, Room 303, Amarillo, Texas 79101, concerning whether a public employee commits an offense under sec.552.351 of the Government Code by consciously updating computer records, and related questions. TRD-9801580 Opinions DM-422 (RQ-856). Request from Don Gilbert, Commissioner, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 concerning applicability of Senate Bill 646, Act of May 27, 1996, 74th Legislature, Regular Session, Chapter 854, 1995 Texas General Laws 4287, 4288, which relates to veterans' employment preference. Summary. The preference for veterans in a reduction workforce mandated by sec.657.007 of the Government Code is not absolute. Veterans are to be preferred when selection among similarly qualified and similarly situated employees, but are not entitled preference over more qualified employees who are not veterans. DM-424 (RQ-903). Request from Dr. Mike Moses, Commissioner of Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, Dr. Jack Christie, Chair, State Board of Education, 12421 Memorial Drive, Houston, Texas 77024, concerning whether the State Board of Education may adopt a rule prescribing general content requirements for textbooks used in public schools, and whether the board's authority over textbook adoption extends to ancillary materials provided by publishers to schools at no cost to the state. Summary. The State Board of Education has no authority under the Texas Education Code to adopt rules regarding the content of state-approved textbooks establishing criteria for approval beyond the criteria contained in sec.31.023 of the Education Code. The board's authority to adopt or reject textbooks does not extend to consideration of ancillary items provided to school districts free of charge. DM-426 (RQ-897). Request from The Honorable Fred Hill, Chair, Committee on Urban Affairs, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a housing authority created under Chapter 392 of the Local Government Code is subject to the Open Meetings Act. Summary. A municipal, county or regional housing authority created under Chapter 392 of the Local Government Code is a "governmental body" subject to the Open Meetings Act, Government Code Chapter 551. DM-430 (RQ-909). Request from The Honorable David Sibley, Chair, Senate, Economic Development Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether Government Code, sec.417.0041 delegates rule- making authority to fire protection advisory councils in contravention of the Texas Constitution, Article III, sec.1. Summary. The delegation of rule-making authority to advisory councils in Government Code, sec.417.0041 does not contravene Article III, sec.1 of the Texas Constitution. DM-427 (RQ-810). Request from The Honorable James W. Carr, Lavaca County Attorney, P.O. Box 576, Courthouse, Second Floor, Halletsville, Texas 77964. The Honorable David M. Mobley, Kerr County Attorney, County Courthouse, Suite B20, 700 East Main Street, Kerrville, Texas 78028-5324, concerning whether justice courts and municipal courts have jurisdiction of prosecutions under Alcoholic Beverage Code sec.sec.102.02, 106.04, and 106.05, which prohibit the possession, consumption, and purchase of alcoholic beverages by persons under the age of 21 years. Summary. The justice courts and municipal courts to which the Seventy-fourth Legislature's House Bill Number 1648 applies do have jurisdiction of prosecutions for violations of Alcoholic Beverage Code sec.sec.106.02, 106.04, and 106.05. Subsection (b) of sec.106.05 of the Alcoholic Beverage Code violates state constitutional guarantees of due process and equal protection because it authorizes the imposition of a criminal punishment (community service) in some venues of prosecution (areas in which an alcohol awareness course is not readily available) that is not authorized in other venues. Subsection (b) is therefore invalid, but the other provisions of section 106.115 remain valid and enforceable because they may be given effect without subsection (b). DM-428 (RQ-873). Request from The Honorable Galen Ray Sumrow, Criminal District Attorney, Rockwall County Courthouse, Rockwall, Texas 75087, concerning whether a person may simultaneously serve as a municipal judge in more than one jurisdiction. Summary. A compensated municipal judge, whether full or part-time, elected or appointed, holds a "public office," and is subject to Article XVI, sec.40, of the Texas Constitution, which prohibits the holding of more than one such office. If he is an appointed municipal judge, he may hold more than one such appointment, provided the holding of the second office is "of benefit to the State." The legislature is the appropriate body to determine, as a general matter, whether, and under what circumstances, the holding of multiple municipal judgeships is "of benefit to the State." Whether the holding of particular municipal judgeships by a particular individual constitutes a "benefit" to the state requires the resolution of factual matters inappropriate to the opinion process. DM-429 (RQ-872). Request from Becky R. Espino, Chair, Board of Regents, The Texas State University System, P.O. Box 1452, Fort Stockton, Texas 79735, concerning taxation of real property owned by state university and operated as an amusement park. Summary. State-owned property used for public purposes is exempt from taxation. Whether the Aquarena Springs property owned by Southwest Texas State University is subject to ad valorem tax for 1995 involves questions of fact that cannot be resolved in the opinion process. TRD-9701585 Request for Opinions ID# 38852. Request from the Honorable Ben Lewis, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 concerning effect of acceptance of certain state funds by a sectarian educational institution. ID# 39349. Request from The Honorable Hugo Berlanga, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 concerning whether a commissioners court must approve the leasing out of its property by a hospital district, and related questions. TRD-9701584