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 Opinion

LO-#98-015. Request from The Honorable Ron
 Lewis, Chair, County Affairs, Texas House of Representatives, P.O. Box 2910,
 Austin, Texas, 78768-2910, regarding application of exemption from competitive
 bidding and competitive proposal requirements for county contracts for work
 performed and paid for by the day (RQ-979).


SUMMARY. House Bill 2179, Act of May 16,
 1997, 75th Leg., R.S., ch. 442, 2, 1997 Tex. Sess. Law Serv. 1719, 1719,
 restricting the exemption from competitive bidding and competitive proposal
 requirements for county contracts for work performed and paid for by the
 day does not apply to a contract for work performed and paid for by the day
 awarded prior to September 1, 1997. A contract for work performed and paid
 for by the day is a contract only for the day. A contract that obligates
 a county to pay for all future work, or for a party to provide day labor
 to do the future work, on a project, is not a contract for work performed
 and paid by the day notwithstanding payment on a daily basis.


TRD-9803522



Request for Opinion

RQ-1077. Request from the Honorable Karen
 H. Meinardus, Wharton County Attorney, 103 South Fulton, Wharton, Texas,
 77488,
 regarding whether a constable may be removed from office for acts committed
 prior to his appointment (Request No. 1077).


RQ-1092. Request from the Honorable Jerry
 Patterson, Chair, Committee on Veteran and Military Installations, Texas State
 Senate, P.O. Box 12068, Austin, Texas, 78711-2068, regarding types of fees
 and collateral requirements that may be imposed on a home equity loan, and
 related questions (Request No. 1092).


RQ-1094. Request from Mr. John Maline, Executive
 Director, Executive Council of Physical Therapy and Occupational Therapy 
Examiners,
 333 Guadalupe, Suite 2-510, Austin, Texas 78701-3942, regarding whether a
 county clerk may simultaneously serve as a member of the Board of Physical
 Therapy Examiners (Request No. 1094).


RQ-1095. Request from the Honorable Mark
 Edwards, District Attorney, 32nd Judicial District of Texas, P.O. Box 1038,
 Sweetwater, Texas, 79556, regarding authority of a city marshal to investigate
 a matter that occurs outside the limits of his municipality (Request No. 1095
).
RQ-1096. Request from the Honorable James
 W. Smith, Jr. Frio County Attorney Box 1 Pearsall, Texas 78061-3100 Re: 
Jurisdiction
 of a juvenile court over an individual whose previous period of deferred
 adjudication has expired (Request No. 1096).


RQ-1097. Request from the Honorable James
 W. Smith, Jr. Frio County Attorney, Box 1 Pearsall, Texas, 78061-3100, 
regarding
 effective date of proposed amendments to subchapter T, chapter 65, title 31,
 Texas Administrative Code, regarding scientific breeder permits (Request
 No. 1097).


RQ-1098. Request from Ms. Carolyn Purcell,
 Executive Director, Department of Information Resources, P.O. Box 13564,
 Austin, Texas, 78711-3564, regarding public meetings held by video conference
 call under the provisions of section 551.126, Government Code (Request No.
1098).


TRD-9803523