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.

Letter Opinions.

LO-#97-028. Mr. T. Beck Gipson, Vice-President,
 Board of Directors, Upper Guadalupe River Authority, P.O. Box 1278, Kerrville,
 Texas 78029-1278, concerning whether Government Code, Chapter 573.041(2)
 precludes the Upper Guadalupe River Authority from retaining as local counsel
 a law firm in which the brother of a river authority board member is a 
shareholder
 and related question (ID# 38726).


SUMMARY. Government Code, Chapter 573 does
 not prohibit the Upper Guadalupe River Authority from retaining as local
 counsel a law firm in which one of the shareholders is a brother of a member
 of the river authority's board. 

For purposes of Local Government Code, Chapter 171, a local public official
 does not have a substantial interest in a law firm in which the official's
 brother is a shareholder solely by virtue of the kinship. The local public
 official therefore need not comply with sec.171.004.


TRD-9704998


LO-#97-029. The Honorable Ron Lewis, Chair,
 House County Affairs Committee, Texas House of Representatives, P.O. Box
 2910, Austin, Texas 78768-2910, concerning whether a charity receiving funds
 under a juror reimbursement donation program must have been approved by a
 commissioners court prior to January 1, 1995 (ID# 39165).


SUMMARY. Section 61.003(c) of the Government
 Code allows a juror reimbursement donation program established before January
 1, 1995, to solicit funds from jurors or potential jurors and provide those
 funds to the charities served by the program on January 1, 1995.


LO-#97-030. The Honorable Frank Madla, Chair,
 Committee on Nominations, Texas State Senate, P.O. Box 12068, Austin, Texas
 78711, concerning authority to contract with a private vendor to provide
 telephone services to county jail inmates, and related question (ID# 39378).

SUMMARY. The commissioners court, not the
 sheriff, is empowered to enter into a contract with a private vendor to provide
 telephone services to county jail inmates. The authority and manner by which
 a commissioners court may enter into such a contract depends upon the right
 or interest that the commissioners court intends to create and convey.

TRD-9704997



Request for Opinions

RQ-929. Request from Mr. Kenneth H. Ashworth,
 Commissioner, 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.


RQ-930. Request from the Honorable Paul
 Sadler, Chair, Committee on Public Education, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, concerning authority of the University
 Interscholastic League to regulate activities of an independent school 
district,
 and related questions.


RQ-931. Request from the Honorable Edmund
 Kuempel, Chair, Committee on Recreational Resources, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, concerning whether New Braunfels
 Utilities is an agent of the City of New Braunfels, and related questions.

TRD-9705031