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- 093. (ID# 39647). Request from the
 Honorable Homero Ramirez, Webb County Attorney, P.O. Box 420268, 1110 Victoria,
 Suite 403, Laredo, Texas 78040, regarding whether Local Government Code,
 sec.131.903 carves an exception to Local Government Code, chapter 171.

Summary. With respect to a county commissioners
 court's selection of a depository or subdepository, Local Government Code
 section 131.903, which provides for conflicts of interest in a local 
government's
 selection of depositories, carves an exception to Local Government Code chapter
 171, which provides generally for local government officers' conflicts of
 interest.


LO-#97-094. (ID# 38882). Request from the
 Honorable Steven C. Hilbig, Bexar County, Criminal District Attorney, 300
 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, regarding whether a
 candidate/officeholder is required to report a particular transaction as
 a contribution and/or expenditure.


Summary. A political contribution consisting
 of an individual's personal service is not required to be reported if the
 individual receives no compensation for the service. Regardless of whether
 the service provided by the campaign treasurer was a contribution or not,
 it was not a reportable contribution. For purposes of reporting, a political
 expenditure is not considered to have been made until the amount is readily
 determinable by the person making the expenditure. Based on the facts 
presented,
 the candidate/officeholder did not violate the Texas Election Code.


LO-#97-095. (ID# 39113). Request from the
 Honorable Edwin E. Powell, Jr., Coryell County Attorney, 113 South Seventh
 Street, P.O. Box 796, Gatesville, Texas 76528, regarding whether a municipality
 may adopt a drainage charge that is uniform throughout the municipality.


Summary. The Municipal Drainage Utility Systems
 Act, Local Gov't Code, ch. 402, subch. C, requires that drainage charges 
adopted
 by a city under its provisions reflect the pro rata costs of providing drainage
 services to a benefitted property, that the classification of the benefitted
 properties in the municipality be nondiscriminatory, equitable, and reasonable,
 and that the basis of the charges to benefitted property be directly related
 to drainage and the terms of the levy. Within these statutory requirements,
 a municipality has discretion to make reasonable, non-arbitrary decisions
 about the bases for the drainage charges, subject to judicial review for abuse
 of discretion. The choice of a particular basis for drainage charges involves
 questions of fact, which cannot be addressed in an attorney general opinion.
 However, a decision to impose a uniform drainage charge on all property owners,
 solely for reasons of administrative convenience, and without any consideration
 of the statutory requirements, would be an arbitrary decision and would be
 invalid as a matter of law.


LO-#97-096. (ID# 39538). Request from the
 Honorable Barry B. Telford, Chair, Pensions and Investments Committee, Texas
 House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning
 whether a governmental body may discuss a tax abatement in executive session
 under the Open Meetings Act, chapter 551, of the Government Code.


Summary. A city council or county commissioners
 court is not authorized to meet in executive session under the Open Meetings
 Act to discuss a proposed city or county property tax abatement for an existing
 industry.


LO-#97-097. (ID# 39428). Request from the
 Honorable David H. Aken, Jr.,San Patricio County Attorney, Courthouse, Room
 102, Sinton, Texas 78387, regarding whether a person charged with a petty
 criminal offense has a right to trial by jury.


Summary. A defendant charged with a misdemeanor
 in justice court is entitled to a jury trial by the terms of article I, section
 10 of the Texas Constitution.


LO-#97-098. (ID# 39554). Request from the
 Honorable Jerry Patterson, Chair, Veteran Affairs & Military Installations,
 Texas State Senate, P.O. Box 12068, Austin, Texas 78711, regarding whether
 the American Legion, Department of Texas, is a charitable organization within
 the Charitable Immunity and Liability Act of 1987, Civil Practice and Remedies
 Code chapter 84.


Summary. The American Legion, Department
 of Texas is a charitable organization within the Charitable Immunity and 
Liability
 Act of 1987, Civil Practice and Remedies Code chapter 84, if the legion's
 purposes are consistent with the purposes a "bona fide charitable" organization
 or an "organization organized and operated exclusively for the promotion of
 social welfare" must serve under, and the legion otherwise meets the 
requirements
 of Civil Practice and Remedies Code section 84.003(1)(B). Whether the legion
 actually and exclusively serves a charitable purpose, or is organized and
 operated exclusively to promote social welfare, and otherwise meets the 
requirements
 of subsections (B)(i) through (vi), are questions of fact that are 
inappropriate
 to the opinion process.


LO-#97-099. (RQ- 974). Request from the
 Honorable Frank Madla Chair, Committee on Nominations, Texas State Senate,
 P.O. Box 12068, Austin, Texas 78711, regarding whether the town of Barstow
 is included in Ward County Irrigation District No. 1.


Summary. In 1913, the Commissioners Court
 of Ward County established the Ward County Irrigation District No 1, which
 expressly excluded the town of Barstow. In the early thirties, seven water
 districts, including the Ward County Irrigation District No. 1, formed the
 Red Bluff Water Power Control District and applied for a water appropriation
 permit from the Texas Board of Water Engineers. The permit granted by the
 Board of Water Engineers authorized the irrigation of land within the town
 of Barstow but did not have the effect of including Barstow in Ward County
 Irrigation District No. 1. The Board of the Ward County Irrigation District
 No. 1 may take action pursuant to procedures set out in the Water Code to
 add land to the district.


TRD-9714387


Open Records Requests

Parties interested in submitting a brief to the Attorney General concerning
 an ORQ are asked to please submit the brief no later than the 14th day from
 the date of publication in the Texas Register.

ORQ-24. (ID# 109303-97). Request from the
 Honorable J.E. "Buster" Brown, State Senator, P.O. Box 12068, Austin, Texas,
 78711-2068, regarding whether a school district is required to provide student
 records to the Texas Department of Protective and Regulatory Services without
 parental permission and in the absence of a showing of an emergency as provided
 for in 20 U.S.C. sec.1232g (b)(1)(I).


ORQ-25. (ID# 109904-97). Request from Mr.
 James Eidson, Criminal District Attorney, Taylor County Courthouse, 300 Oak,
 Abilene, Texas, 79602-1577, regarding whether an autopsy report ordered by
 a Justice of the Peace in a court, without a medical examiner, and made a
part of the inquest record is an "open record" and related questions.


TRD-9714348


Request for Opinion

DM-451. (RQ-973). Request from the Honorable
 Kim Brimer, Chair, Business and Industry Committee, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910, regarding parking for disabled
 persons at airports.


Summary. House Bill 3025, Act of May 21,
 1997, 75th Legislature, chapter 804, at 2633, removes the exemption from
 parking fees or penalties of a vehicle displaying a disabled parking permit
 only "within the boundaries of a municipal airport."


TRD-9714386