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.

General Opinions

DM-#452. Request from the Honorable Kenny
 Marchant, Chair, Committee on Financial Institutions, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910, regarding whether permissible 
activities
 of lenders prior to vote on and effective date of home equity lending amendment
 to the Texas Constitution (RQ-993).


SUMMARY. A lender may solicit, accept, and
 process applications for home equity loans before the constitutional amendment
 authorizing such loans becomes effective. However, the notice to borrowers
 prescribed by the amendment is not effective if given before the amendment's
 effective date.


DM-#453. Request from the Honorable Steven
 D. Wolens, Chair, State Affairs Committee, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910; The Honorable Senfronia Thompson
 Chair, Judiciary Committee, Texas House of Representatives, P.O. Box 2910,
 Austin, Texas, 78768-2910, regarding whether Harris County must hold a 
referendum
 election before imposing certain taxes authorized by House Bill 92, Act of
 May 22, 1997, 75th Leg., R.S., ch. 551, 1997 Tex. Sess. Law Serv. 1929, 1929
 (RQ-1002).


SUMMARY. Harris County is not required to
 hold an election under the provisions of House Bill 92, Act of May 22, 1997,
 75th Leg., R.S., ch. 551, 1997 Tex. Sess. Law Serv. 1929, 1929. The imposition
 of hotel occupancy and short- term car rental taxes does not, in the absence
 of a second election, contravene the due process clauses of the federal or
 state constitutions. Neither does House Bill 92 unconstitutionally discriminate
 against residents of Harris County on equal protection grounds. Section 7
 of the bill is not a "local or special law" in contravention of article III,
 section 56, Texas Constitution.


DM-#454. Request from the Honorable Rodney
 Ellis, Chair, Jurisprudence Committee, Texas State Senate, P.O. Box 12068,
 Austin, Texas, 78711, regarding Authority of the Houston City Council with
 regard to the Houston-Harris County Sports Authority (RQ-986).


SUMMARY. The Houston City Council does not
 have either the formal power of appointment or the right of confirmation of
 directors of the Houston-Harris County Sports Authority (the "authority").
 The city council is not empowered to approve change orders for authority 
contracts
 or to place restrictions on lease agreements negotiated by the authority,
 nor does it have general oversight responsibilities over the authority beyond
 the right to approve the issuance of bonds and other obligations.


DM-#455. Request from the Honorable Steven
 D. Wolens, Chair, State Affairs Committee, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910, regarding whether the City of Houston
 may participate in the Harris County-Houston Sports Authority (RQ-1015).

SUMMARY. The City of Houston is authorized
 to participate in the Harris County-Houston Sports Authority (the "authority")
 created pursuant to House Bill 92, Act of May 22, 1997, 75th Leg., ch. 551,
 1997 Tex. Sess. Law Serv. 1929.


DM-456. 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
 entered into pursuant to Tax Code chapter 312 by deleting land from an existing
 reinvestment zone and related questions (RQ-938).


SUMMARY. A county is not authorized to amend
 a Tax Code chapter 312 tax abatement agreement by deleting land from an 
existing
 reinvestment zone. A county reinvestment zone under chapter 312 must be 
contiguous
 and may not consist of only a portion of a building. The legislature intended
 to leave the substance of criteria for tax abatement agreements to the 
discretion
 of each county commissioners court, subject to very general constraints and
 certain specific limitations imposed by chapter 312.


TRD-9715587



Letter Opinions

LO-#97-100. Request from the Honorable Carlos
 Lara, Dimmit County Auditor, Office of County Auditor, 103 North Fifth Street,
 Carrizo Springs, Texas 78834, regarding whether a county attorney may 
simultaneously
 serve on the board of directors of a county hospital (ID# 39417).


SUMMARY. The county attorney of Dimmit County
 is prohibited by article XVI, section 40, Texas Constitution, from 
simultaneously
 serving as a member of the board of managers of Dimmit County Hospital.

LO-#97-101. Request from the Honorable
 Alic L. Chapman, Uvalde County Auditor, Courthouse Building #4, 2nd Floor,
 Uvalde, Texas 78801, regarding whether a municipal judge may request that
 a body be transferred to an approved forensic agency for an autopsy and related
 questions (ID# 39567).


SUMMARY. A municipal judge has no authority
to require a body to be transferred to an approved forensic facility for
an autopsy or to order an autopsy.


TRD-9715752