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.

Request for Opinions

RQ-975. Request from Mr. Barry R. Mc Bee,
 Chair, Texas Natural Resource Conservation Commission, P.O. Box 13087, 
Austin, Texas 78711-3087, concerning whether the legislature may authorize
 the Natural Resources Conservation Commission to grant exemption from pollution
 control and abatement provisions.


RQ-976. Request from the Honorable Steve
 Holzheauser, Chair, Committee on Energy Resources, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, concerning clarification of Attorney
 General Opinion DM-444, regarding the relationship between New Braunfels
 Utilities and the City of New Braunfels.


RQ-977. Request from the Honorable James
 M. Kuboviak, Brazos County Attorney, 300 East 26th Street, Suite 325, Bryan,
 Texas 77803, concerning whether a district clerk may simultaneously hold
 the position of unpaid reserve deputy sheriff.


RQ-978. Request from the Honorable Teel Bivins,
 Chair, Senate Education Committee, Texas State Senate, P.O. Box 12068, Austin,
 Texas 78711, concerning whether Education Code, sec.51.306, which requires
 a basic skills test for students at public universities, may be applied to
 students at proprietary schools.


RQ-979. Request from the Honorable Ron Lewis,
 Chair, County Affairs, Texas House of Representatives, P.O. Box 2910 Austin,
 Texas 78768-2910, concerning the effect of House Bill 2179, Acts 1997, 75th
 Leg., R.S., ch. 442, on public contracts that use day labor.


RQ-980. Request from the Honorable Chris
 Harris, Chair, Administration Committee, Texas State Senate, P.O. Box 12068,
 Austin, Texas 78711-2068, concerning whether an "outsource"
 company that provides services in employment and labor issues must be licensed
 by the Board of Private Investigators and Private Security Agencies.


RQ-981. Request from Patti J. Patterson,
 M.D., Commissioner of Health, 1100 West 49th Street, Austin, Texas 78756-3199,
 concerning constitutionality of chapter 150, Agriculture Code, which regulates
 the labeling of imported meat.


RQ-982. Request from Mr. Tommy V. Smith,
 Executive Director/Commissioner, Texas Department of Licensing and Regulation,
 P.O. Box 12157, Austin, Texas 78711, concerning definition of a "management
 search consultant" firm.


RQ-983. Request from Ms. Sherry L. Robinson,
 Waller County, Criminal District Attorney, 836 Austin Street, Suite 105,
 Hempstead, Texas 77445, concerning constitutionality of property ownership
 qualification for membership on the board of supervisors of the Brookshire-Katy
 Drainage District.


RQ-984. Request from the Honorable Renee
 Ann Mueller, Washington County Attorney, County Courthouse, 100 East Main,
 Suite 103, Brenham, Texas 77833, concerning whether an elected county attorney
 may simultaneously serve as a community college instructor.


RQ-985. Request from the Honorable Rodney
 Ellis, Co-Chair, Joint Committee on Historically Underutilized Business,
 Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, concerning
 authority of the General Services Commission to promulgate rules regarding
 the Historically Underutilized Business Program.


RQ-986. Request from the Honorable Rodney
 Ellis, Chair, Jurisprudence Committee, Texas State Senate, P.O. Box 12068,
 Austin, Texas 78711-2068, concerning authority of the Houston City Council
 with regard to the Houston-Harris County Sports Authority.


RQ-987. Request from the Honorable Rodney
 Ellis, Chair, Jurisprudence Committee, Texas State Senate, P.O. Box 12068,
 Austin, Texas 78711-2068, concerning constitutionality of Senate Bill 1417,
 Acts 1997, 75th Leg., R.S., ch. 1327, and related questions.


TRD-9712447