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-#97-039. Request from the Honorable
 Fred Hill Chair, Committee on Urban Affairs, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, regarding whether section 11.24
 of the Tax Code allows a taxing unit to freeze property taxes on a historic
 site (ID# 39404).


SUMMARY. Section 11.24 of the Tax Code, which
 authorizes taxing units to exempt from taxation part or all of the assessed
 value of a historic site, does not permit a freeze the on amount of taxes
 payable on a historic site as of the date the exemption was granted or any
 other date, but it does permit the exemption of a specific percentage of
 the assessed value of the property or a fixed dollar amount of the assessed
 value.


LO-#97-040. Request from the Honorable
 Fred Hill, Chair, Committee on Urban Affairs, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, regarding whether Continuation of
 health insurance benefits for survivors of deceased public safety officers
 (ID# 39403).


SUMMARY. If the Employees Retirement System
 of Texas determines that a survivor of a deceased public safety officer is
 entitled to receive cash assistance benefits pursuant to Government Code
 chapter 615, the survivor is entitled to purchase continued health benefits
 from the local governmental entity that employed the officer. A local 
governmental
 entity may conditionally provide health insurance benefits to a survivor.
 If the ERS later determines that the survivor is ineligible for benefits,
 the benefits may be discontinued. A local governmental entity may charge
 an eligible survivor the insurance coverage rate charged to dependents of
 current employees.


LO-#97-041. Request from the Honorable
 Marcus D. Taylor, Wood County Criminal District Attorney, P.O. Box 689, 
Quitman,
 Texas 75783, regarding whether an appraisal district may retain Tax Code
 section 31.08(a) tax certificate fees, and related questions (ID# 39272).

SUMMARY. Neither section 31.08(a) nor section
 6.06(d) of the Tax Code permit or require an appraisal district to retain
 section 31.08 tax certificate fees. A taxing unit that enters into a contract
 with an appraisal district for tax assessment and collection under Tax Code
 section 6.24(a) may compensate the appraisal district in part with tax 
certificate
 fee revenues to which the taxing unit would otherwise be entitled. Such a
 contractual agreement must be clearly expressed.


LO-#97-042. Request from the Honorable
 Jeffrey D. Herrington, Anderson County Criminal District Attorney, Anderson
 County Courthouse, 500 North Church Street, Palestine, Texas 75801, regarding
 whether a driver charged with "failure to yield right-of-way" which resulted
 in damage to a vehicle is eligible to take a driving safety course in 
accordance
 with section 543.102 of the Transportation Code (ID# 39277).


SUMMARY. Section 550.022 of the Transportation
 Code mandates what action a driver must take when involved in an accident
 resulting in damage to a vehicle only. As long as the driver involved in
 such an accident follows these mandates, i.e., immediately stops the vehicle
 at the scene of the accident, or returns to the scene of the accident if
 unable to stop, and remains at the scene of the accident to provide information
 and aid, if necessary, the driver is not in violation of section 550.022
 of the Transportation Code. A driver who fails to yield the right-of-way
 and has an accident resulting in damage to a vehicle only is eligible to
 take a driving safety course provided the driver complied with section 550.022
 of the Transportation Code.


LO-#97-043. Request from Mr. Tommy
 V. Smith, Executive Director, Texas Department of Licensing and Regulation,
 P.O. Box 12157, Austin, Texas 78711, regarding whether Municipal licensing
 of persons exempted from licensure requirements of article 8861, V.T.C.S.
 (ID# 38906).


SUMMARY. Persons exempted from licensing
 requirements for air conditioning and refrigeration maintenance by article
 8861, section 6(a)(2), V.T.C.S., are also exempted from any licensing scheme
 relating to this activity adopted by a municipality.


LO-#97-044. Request from the Honorable
 Steven C. Hilbig, Bexar County Criminal District Attorney, 300 Dolorosa,
 Suite 5072, San Antonio, Texas 78205-3030, regarding whether the legality
 of the district clerk collecting the initial operations fee on behalf of
 the domestic relations office (ID# 39256).


SUMMARY. A district clerk may collect an
 initial operations fee in certain family law cases, provided that the 
commissioners
 court establishes a domestic relations office, and the administering entity
 authorizes the collection of the fee. The domestic relations office may then
 agree with the district clerk for the clerk to collect the fee when suits
 are filed to be paid to the domestic relations office in a timely manner.

TRD-9705847