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.

Office of the Attorney General

Request for Opinions

ID# 39429 Request from Mr. David A. Sheffield,
 Hardin County Attorney, P.O. Box 516, Courthouse, 2nd Floor, Kountze,
 Texas 77625, regarding whether an individual may be compensated for serving
 both as a constable and a courtroom bailiff.


ID# 39436 Request from the Honorable James
 Warren Smith, Frio County Attorney, 500 East San Antonio Street, Box 1,
 Pearsall, Texas 78061, regarding whether an individual employed as a private
 jailer is authorized to carry a weapon.


ID# 39442 Request from the Honorable John
 L. Hutchison, Hansford County Attorney, 306 Main, P.O. Box 506, Spearman,
 Texas 79081, regarding whether a commissioners court may regulate the 
construction
 and operation of a concentrated animal feeding operation.


ID# 39457 Request from the Honorable James
 Warren Smith, Jr., Frio County Attorney, 500 East San Antonio Street, Box
 1 Pearsall, Texas 78061, regarding whether a constable is entitled to receive
 excess funds reimbursed by the state for transportation of prisoners.


ID# 39461 Request from the Honorable David
 Counts, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910,
 regarding authority of the Texas Natural Resource Conservation Commission
 to require horizontal property line spacing of water wells.


ID# 39465 Request from the Honorable Jack
 Skeen, Jr., Smith County Criminal District Attorney, Smith County Courthouse,
 Tyler, Texas 75702, regarding authority of a magistrate to grant a personal
 bond under Code of Criminal Procedure, Article 17.03.


ID# 39469 Request from the Honorable Jose
 R. Rodriguez, El Paso County Attorney, 500 East San Antonio, Room 203,
 El Paso, Texas 79901, regarding compensation of the El Paso County Judge
 pursuant to Local Government Code, sec.152.904(b).


ID# 39480 Request from the Honorable Ciro
 Rodriguez, Texas House of Representatives, P.O. Box 2910, Austin, Texas
 78768, regarding whether a tenant representative on a municipal housing
 authority may contract with the authority.


ID# 39482 Request from the Honorable Jerry
 Patterson, Texas Senate, P.O. Box 12068, Austin, Texas 78711, regarding
 sale of park land to a municipality.


ID# 39483 Request from the Honorable Randall
 W. Reynolds, District Attorney, 143rd Judicial District, 120 West 5th 
Pecos, Texas 79772, regarding disposition of interest from an inmate trust
 account.


TRD-9705294