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-98-008. (RQ-949). The Honorable
 Barry L. Macha, Wichita County, Criminal District Attorney, 900 Seventh Street,
 Wichita Falls, Texas, 76301-2482, regarding whether state aid to a community
 corrections facility may be used to provide services and programs to a person
 convicted of or charged with a noncriminal offense.


Summary. State aid provided to a community
 supervision and corrections department under the authority of chapter 509,
 Government Code, to serve the purposes of chapter 509 may be used only to
 provide services to criminal defendants. State aid under chapter 509 may
 not be used for the housing in a community corrections facility of a person
 ordered to be confined there for contempt of a court order to pay child 
support.

LO-98-009. (RQ-999). Mr. Earl L. Yeakel,
 III Chair, Texas Commission of Licensing and Regulation, P.O. Box 12157,
 Austin, Texas 78711, regarding whether the Commission of Licensing and 
Regulation
 may, absent specific statutory authority, create an advisory committee.

Summary. The Commission of Licensing and
 Regulation may not create an advisory board to aid in its regulation of the
 staff leasing services industry absent specific statutory authority to do
 so.


LO-98-010. (RQ- 1011). Mr. Tommy V.
 Smith, Executive Director/Commissioner, Texas Department of Licensing and
 Regulation, P.O. Box 12157, Austin, Texas 78711, regarding whether the 
Department
 of Licensing and Regulation may adopt a rule authorizing certain individuals
 to purchase refrigerant products.


Summary. The Texas Department of Licensing
 and Regulation does not have authority to promulgate rules permitting persons
 exempted from licensing as air conditioning and refrigeration contractors
 under sections 6(a)(3), 6(a)(5), 6(a)(6), and 6(a)(7) of article 8861, V.T.C.S.
 to purchase refrigerant products.


LO-98-011. (RQ-1012). The Honorable
 Ron Lewis, Chair, Committee on County Affairs, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910, regarding whether Senate Bill 1316,
 Act of May 21, 1997, 75th Leg., ch. 695, 2332, 2332 changes the result in
 Attorney General Letter Opinion Nos. 93-33 (1993) and 94-72 (1994), regarding
 the service of state employees on the boards of water districts.


Summary. A state employee may serve as a
 member of the board of directors of a general law district established under
 chapter 49 of the Water Code only if he or she receives no compensation other
 than reimbursement of actual expenses.


LO-98-012. (ID# 39351). The Honorable
 Keith Oakley, Chair, House Committee on Public Safety, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas, 78768-2910, regarding City's use of noncivil
 service personnel for fire fighting duties at NASCAR race track.


Summary. All fire fighters appointed to a
 fire department by a city that has adopted chapter 143 of the Local Government
 Code must be placed within the protection of the city's civil service system.
 Any position that requires knowledge of "fire fighting and work in the fire
 department" falls within the civil service system, and any appointments to
 that position by the city must be made in compliance with chapter 143. Chapter
 143 prohibits the City of Fort Worth from appointing noncivil service personnel
 to the fire department to perform fire fighting duties at the NASCAR race
track.


TRD-9802676



LO-98-013. (RQ 1000). The Honorable
 Bill Moore, Johnson County Attorney, 2 North Main Street, 1st Floor Courthouse,
 Cleburne, Texas 76031, regarding whether a commissioners court may assign
 payroll preparation duties to the county personnel director.


Summary. The Commissioners Court of Johnson
 County may transfer responsibility for preparation of the county payroll
 to the county director of personnel.


LO-98-014. (RQ-1019). Ms. Eliza May,
 Executive Director, Texas Funeral Service Commission, 510 South Congress
 Avenue, 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.


Summary. The Texas Funeral Service Commission
 cannot by rule exempt funeral establishments which do not provide embalming
 services from the statutory requirements of Article 4582b, sec.4(C)(4),
 V.T.C.S.


TRD-9802747



Request for Opinions

RQ-1078. Request from the Honorable Rodney
 Ellis, Chair, Jurisprudence Committee, Texas State Senate, P.O. Box 12068,
 Austin, Texas 78711-2068, regarding whether a legislator may employ local
 public officials.


RQ-1079. Request from Mr. Elton Bomer, Commissioner
 of Insurance, Texas Department of Insurance, P.O. Box 149104, Austin, Texas
 78714-9104, regarding meaning of the phrase "reasonable costs necessary to
 refinance a debt" under the home equity amendment, section 50(e) of article
 XVI of the Texas Constitution.


RQ-1080. Request from the Honorable Debra
 Danburg, Chair, Committee on Elections, Texas House of Representatives, P.O.
 Box 2910, Austin, Texas, 78768-2910, regarding conflict between three bills
 regarding tax liens enacted by the 75th Legislature.


TRD-9802675