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-#97-055. Request from the Honorable
 John Vance, Dallas County District Attorney, 133 North Industrial Boulevard,
 LB 19 Frank Crowley Courts Building, Dallas, Texas 75207-4313, regarding
 Authority of the City of Wylie to enforce city ordinances outside city limits
 (ID# 38929).


SUMMARY. The City of Wylie must define or
 declare an activity to be a nuisance before it can enforce a city ordinance
 outside city limits pursuant to Local Government Code section 217.042. Local
 Government Code section 352.001, which authorizes a county commissioners
 court to contract with a city for the provision of fire protection services
 in unincorporated areas of the county, does not authorize a city to enforce
 its fire code in areas of the county outside city limits to which the city
 provides fire protection services, nor does it authorize a city to issue
 or deny outdoor burning permits in the areas.


LO-#97-056. Request from the Honorable
 Bill G. Carter, Vice Chair, Committee on Local and Consent Calendars, Texas
 House of Representatives, P.O. Box 2910, Austin, Texas 78768, regarding whether
 tenant commissioner of municipal housing authority may contract with authority
 to provide lawn maintenance services (ID# 39480).


SUMMARY. Section 392.042 of the Local Government
 Code, which prohibits the commissioners of a housing authority from contracting
 with or having various kinds of economic interests in the housing projects
 under their jurisdiction, prohibits a commissioner, including a tenant 
commissioner,
 from contracting to sell lawn maintenance services to a housing project.
 The exception in section 392.042(c) of the Local Government Code for "an
 interest in a housing project held by the commissioner before the 
commissioner's
 term of office began" does not apply to contracts for the sale of services
 to a housing authority. Section 392.042 also applies to commissioners' 
contracts
 with or interests in nonprofit subsidiary corporations established by the
 housing authority to carry out its purposes.


TRD-9707391



Opinion

DM-442. (RQ-926) Request from Ms.
 Catherine A. Ghiglieri Commissioner, Texas Department of Banking, 2601 North
 Lamar Boulevard, Austin, Texas 78705-4294, regarding whether the Department
 of Banking may enforce the Currency Exchange Act, article 350, V.T.C.S.,
 on a gambling facility owned by the Kickapoo Indians on their reservation
 in Eagle Pass, Texas (RQ-926).


SUMMARY. The Department of Banking is barred
 from enforcing the Currency Exchange Act, Article 350, V.T.C.S., against
 the casino operated by the Texas Band of Kickapoo Indians.


TRD-9707392



RQ-939. Request from the Honorable Jose
 R. Rodriguez, El Paso County Attorney, County Courthouse, 500 East San Antonio,
 Room 203, El Paso, Texas 79901, regarding authority of the El Paso County
 Juvenile Probation Board to contract and expend funds without approval of
 the commissioners court, and related questions.


RQ-940. Request from the Honorable Irma
 Rangel, Chair, Committee on Higher Education, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910, regarding authority of a municipality
 to sell real property to an Indian tribe for the purpose of building a casino.

TRD-9707312



Request for Opinions

ID# 39550. Request from the Honorable Ben
 Childers, County Attorney, Fort Bend County, 301 Jackson, Suite 621, Richmond,
 Texas 77469, regarding whether a county clerk may mail, at county expense,
 materials relating to the work of a private association.


ID# 39554. Request from the Honorable Jerry
 Patterson, Chair, Senate Committee on Veteran Affairs, P.O. Box 12068, Austin,
 Texas 78711, regarding whether the American Legion is a "charitable 
organization"
 under the Charitable Immunity and Liability Act of 1987, chapter 84, Civil
 Practice and Remedies Code.


ID# 39555. Request from the Honorable Eddie
 Lucio, Jr,. Texas State Senate, P.O. Box 12068, Austin, Texas 78711, regarding
 whether a municipal firefighter is entitled to credit for time served as
 a non-civil service dispatcher in the fire department.


ID# 39575. Request from the Honorable Garry
 Mauro, Commissioner, Texas General Land Office, Stephen F. Austin Building,
 1700 North Congress Avenue, Austin, Texas 78701, regarding effect of 
legislative
 extension of a prior reverter date with regard to a tract of land in Nueces
 County.


TRD-9707311