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. Opinions DM-#457. Request from Mr. William Treacy, Executive Director, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas, 78701-3900; Mr. Wayne Scott, Executive Director, Texas Department of Criminal Justice, P.O. Box 99, Huntsville, Texas, 77342-0099, regarding whether state indemnification and defense in certain legal actions pursuant to chapter 104 of the Civil Practice and Remedies Code is available to a volunteer performing services for a state agency (RQ- 905). SUMMARY. A person who serves a state agency as an uncompensated volunteer is not entitled to indemnification against actual damages, court costs, and attorney fees adjudged against him or her under the circumstances described in section 104.002 of the Civil Practice and Remedies Code. Likewise, a volunteer is not entitled to be defended by the attorney general in suits subject to chapter 104 of the same code. Constructive enforcement volunteers who assist in investigations for the State Board of Public Accountancy would have an absolute privilege against a civil action for defamation for statements made as witnesses in a quasi-judicial proceeding before the board. They would have a conditional or qualified privilege against a defamation suit under appropriate circumstances. The conditional or qualified privilege applies to bona fide communications, oral or written, made in good faith on any subject matter in which the author has an interest or with reference to which he has a duty to perform, to another person having a corresponding interest or duty. The absolute and conditional privileges apply only to a defamation suit and not to other causes of action that might arise out of a volunteer's activities on behalf of the Board of Public Accountancy. DM-#458. Request from Ms. Grace L. Davis, L.M.S.W.-A.C.P, Executive Director Council on Sex Offender Treatment, 1100 West 49th Street, Austin, Texas, 78756-3183, regarding whether Family Code section 261.101(a) permits a registered sex-offender-treatment provider discretion to report information regarding possible child abuse (RQ-944). SUMMARY. Under Family Code section 261.101(a), a person who suspects that a child has been abused or neglected must report that suspicion immediately to the appropriate authorities. The Council on Sex Offender Treatment may not interpret section 261.101(a) to permit a registered sex-offender-treatment provider or affiliated sex-offender-treatment provider to decide whether to report a suspicion where the suspicion is based on dated or incomplete information. TRD-9716187 Request for Opinions RQ-1016. Request from the Honorable Michael P. Fleming, Harris County Attorney, 1001 Preston, Suite 634, Houston, Texas 77002-1891, concerning constitutionality of the fifteen cent fee for race track admissions authorized by section 6.17 of Texas Civil Statutes, Article 179e, sec.6.17. RQ-1017. Request from the Honorable Rebecca Papazian, Tom Green County Auditor, 112 Beauregard, San Angelo, Texas 76903, concerning whether Tom Green County must reimburse the Basic Supervision Fund and the Court Residential Treatment Fund for certain investment losses. RQ-1018. Request from the Honorable Hugo Berlanga, Chair, Committee on Public Health, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning constitutionality of Riders 36 and 37 to the 1997 Appropriation for the Higher Education Coordinating Board. RQ-1019. Request from Eliza May, Executive Director, Texas Funeral Service Commission, 510 South Congress Ave., Suite 206, Austin, Texas 78704-1716, concerning whether the Texas Funeral Service Commission may by rule exempt a funeral establishment from the requirement of having an embalming preparation room. RQ-1020. Request from the Honorable Bruce Isaacks, Denton County Criminal District Attorney, P.O. Box 2344, Denton, Texas 76202, concerning whether the provisions of sec.262.011, Local Government Code, are applicable in a county whose purchasing agent is appointed under sec.262.0015. RQ-1021. Request from the Honorable James D. Goerke, Executive Director, Advisory Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942, concerning whether an emergency communications district may withdraw from participation in a regional 9-1-1 Plan, and related question. RQ-1022. Request from the Honorable Robert L. Duncan, State Senator, P.O. Box 12068, Austin, Texas 78711, concerning whether the executive director of the Lubbock Housing Authority may simultaneously serve as a member of the local civil service commission. RQ-1023. Request from the Honorable L. H. Crockett, Cherokee County Auditor, 502 North Main Street, Rusk, Texas 75785, concerning disposition of fees authorized by subsection 574.031(k), Health & Safety Code. RQ-1024. Request from the Honorable Charles L. Kessie, Hemphill County Attorney, 209 Main Street, Canadian, Texas 79014, concerning health insurance coverage for employees of Hemphill County. RQ-1025. Request from Willard L. Jackson, Jr., Chairman, Texas Southern University, 3100 Cleburne Avenue, Houston, Texas 77004, concerning whether a member of the board of regents may serve as a volunteer, uncompensated coach. RQ-1026. Request from Jay Brummett Chair, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, concerning whether the licensing requirements of article 6573a, Texas Civil Statutes, apply to persons who act to acquire or dispose of real estate on behalf of their employers. RQ-1027. Request from the Honorable Jack Skeen, Jr., Criminal District Attorney, Smith County Courthouse, 100 North Broadway, Tyler, Texas 75702, concerning whether an attorney who has been suspended for non-payment of dues may be prosecuted under sec.38.122, Penal Code, if he appears in court during the period of suspension. RQ-1028. Request from the Honorable Thomas M. Goff, Tom Green County Attorney, 112 West Beauregard, San Angelo, Texas 76903, concerning whether a person under the age of twenty-one may be prosecuted for the offense of driving while intoxicated only under sec.106.041 of the Alcohol Beverage Code. RQ-1029. Request from Cheryl Elliott, General Counsel, Texas Southern University, 3100 Cleburne Avenue, Houston, Texas 77004, concerning whether Texas Southern University may contract with an outside agency to provide training sessions in equal employment matters. RQ-1030. Request from Don A. Gilbert, Commissioner, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, concerning whether Chapter 597 of the Health and Safety Code expired on August 31, 1997, and related questions. RQ-1031. Request from the Honorable Joe F. Grubbs, Ellis County and District Attorney, County Courthouse, Waxahachie, Texas 75165-3759, concerning whether sec.31.309, Natural Resources Code, is applicable to former superconducting super collider property offered for sale by a county. TRD-9716072