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 Opinion

LO-#97-038. Request from the Honorable
 Keith Oakley Chair, Committee on Public Safety, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, regarding whether section 617.002
 of the Government Code prohibits public sector employers from meeting with
 union representatives to discuss matters affecting employee working conditions
 (ID# 39350).


SUMMARY. The term "collective bargaining"
 necessarily contemplates a process in which officials of a political 
subdivision
 and representatives of a labor organization conduct negotiations with an
 eye toward reaching a binding, enforceable, bilateral agreement between the
 subdivision and the organization, while the presentation of grievances is
 a unilateral proceeding resulting in no loss of sovereignty to the political
 subdivision. Section 617.002 of the Government Code does not prohibit public
 sector employers from meeting with representatives of an employee union that
 does not claim the right to strike to discuss matters affecting employee
 working conditions. The governing authorities of the political subdivision
 must retain the right unilaterally to establish employment conditions.


TRD-9705449



Requests for Opinions

RQ-#934. Request from the Honorable John
 Vance, Dallas County District Attorney, 411 Elm Street, Dallas, Texas 75202,
 regarding whether a defendant who files an appeal bond must pay the costs
 required by rule 143a, of the Texas Rules of Civil Procedure.


RQ-935. Request from Mr. William Burnett,
 Executive Director, Texas Department of Transportation, 125 East 11th St.,
 Austin, Texas 78701, regarding whether the Texas Department of Transportation
 may issue permits for the erection of billboards on the property of 
Dallas/Ft.Worth
 International Airport.


TRD-9705444


ID# 39491. Request from Ms. Kristen Klein,
 Guadalupe County Auditor, 307 West Court, Suite 205, Seguin, Texas 78155,
 regarding Operation of the Guadalupe County Juvenile Board.


ID# 39496. Request from Ms. Kristen Klein,
 Guadalupe County Auditor, 307 West Court, Suite 205, Seguin, Texas 78155,
 regarding Collection of court costs under section 415.082, Government Code.

ID# 39498. Request from the Honorable Steven
 D. Wolens, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768,
 regarding Validity under the Open Meetings Act, Government Code Section 551,
 et seg. of a rule of the Dallas City Council that restricts the placing of
 items on the Council's agenda.


ID# 39500. Request from the Honorable Antonio
 O. Garza, Jr., Secretary of State, Office of the Secretary of State, Executive
 Division, P.O. Box 12697, Austin, Texas 78711-2697, regarding whether a 
cooperative
 may incorporate under the Texas Non-Profit Corporation Act, art. 1396-1.01,
 et seq., VTCS, and related questions.


ID# 39502. Request from the Honorable David
 Hammit, Madison County Attorney, 101 West Main, Suite 121, Madisonville,
 Texas 77864-1990, regarding whether persons other than inmates may purchase
 items from a county jail commissary.


ID# 39509. Request from the Honorable Jill
 Cornelius, Matagorda County Attorney, 1700 7th Street, Bay City, Texas 77414,
 regarding Employee's use of an official vehicle assigned to a district 
attorney's
 office.


ID# 39510. Request from the Honorable John
 Whitmire, Texas Senate, P.O. Box 12068, Austin, Texas 78711, regrading Validity
 of a policy of the Houston Independent School District that penalizes an
 employee's failure to report misconduct.


ID# 39511. Request from the Honorable Warren
 Chisum, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768,
 regarding whether the Pampa Economic Development Corporation may contribute
 funds for a local campus of Clarendon College.


TRD-9705443