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.

Requests for Opinion

RQ-937. Request from Mr. Ray Farabee, Vice
 Chancellor and General Counsel, The University of Texas System, 201 West
 Seventh Street, Austin, Texas 78701-2981, regarding Constitutionality of
 section 54.203 of the Education Code.


RQ-938. Request from the Honorable Michael
 P. Fleming, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas
 77002-1891, regarding whether a county may amend a tax abatement agreement
 to remove land from a reinvestment zone.


TRD-9706707



ID# 39428. Request from the Honorable David
 Aken, San Patricio County Attorney, San Patricio County Courthouse, Room
 102, Sinton, Texas 78387, regarding whether a person charged with a petty
 criminal offence has a right to trial by jury.


ID# 39523. Request from the Honorable Thomas
 F. Lee, District Attorney, 63rd Judicial District, P.O. Box 1405, Del Rio,
 Texas 78841, regarding whether the Val Verde Hospital District may construct
 a building to lease to private physicians.


ID# 39530. Request from the Honorable Jefferey
 Herrington, Criminal District Attorney, Anderson County, Anderson County
 Courthouse, 500 North Church Street, Palestine, Texas 75801, regarding whether
 a county clerk may control expenditures from the county's Record Management
 and Preservation Fund.


ID# 39536. Request from the Honorable Michael
 J. Guarino, Criminal District Attorney, Galveston County, County Courthouse,
 722 Moody, Suite 300, Galveston, Texas 77550, regarding whether the Galveston
 County Community Supervision and Corrections Board is required to establish
 a Voluntary Exit Incentive Program.


ID# 39538. Request from the Honorable Barry
 B. Telford, Texas House of Representatives, P.O. Box 2910, Austin, Texas
 78768-2910, regarding whether a governmental body may discuss a tax abatement
 in executive session under the Open Meetings Act, chapter 551, Government
 Code.


ID# 39547. Request from the Honorable Charles
 D. Penick, Criminal District Attorney, Bastrop County, 804 Pecan Street,
 Bastrop, Texas 78602, regarding Constable's purchase of a vehicle from a
 dealer that has contracted with the state under the Purchasing Act, Government
 Code, chapter 2156.


TRD-9706765