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-98-026. (RQ-969). The Honorable Raymie
 Kana, Colorado County Auditor, Colorado County Courthouse, Third Floor, 
Columbus,
 Texas 78934, regarding whether the Colorado County Commissioners Court may
 contract with the county attorney's office to provide courthouse security,
 and related questions.


Summary. The Colorado County Attorney may
 not contract with the county commissioners court to provide courthouse 
security.
 The commissioners court may not fund such a position in the county attorney's
 office with monies from the courthouse security fund established under Code
 of Criminal Procedure article 102.017. 

The phrase contract security personnel in Code of Criminal Procedure article
 102.017 does not denote county employees. Rather, it refers only to security
 personnel who provide courthouse security as independent contractors.


LO-98-027. (RQ-1028). The Honorable Thomas
 M. Goff, Tom Green County Attorney, 112 West Beauregard, San Angelo, Texas
 76903, regarding whether a person under the age of twenty-one (21) may be
 prosecuted for the offense of driving while intoxicated.


Summary. Notwithstanding the enactment of
 sec.106.041, Alcoholic Beverage Code, a person under the age of twenty-one
 may be prosecuted for the offense of driving while intoxicated under sec.49.04
 of the Penal Code.


LO-98-028. (ID# 39325). The Honorable John
 W. Berry, Karnes County Attorney, 101 N. Panna Maria, Suite 10, Karnes City,
 Texas 78118, regarding whether the Karnes County Correctional Center is subject
 to ad valorem taxes.


Summary. The Karnes County Correctional Center
 is exempt from ad valorem taxation pursuant to article XI, sec.9 of the
 Texas Constitution and sec.11.11(a) of the Tax Code if the center is publicly
 owned property used for public purposes. Whether the center is public property
 used for a public purpose requires determinations of fact that are not 
appropriately
 made in an attorney general opinion. We conclude, however, that the center
 is not publicly owned merely because title to the center is held by a public
 facility corporation created pursuant to the Public Facility Corporation Act,
 V.T.C.S. article 717s. We further conclude that when a county constructs or
 operates a prison solely or primarily for the purpose of contracting with
 another state to house that state's prisoners, it does not do so for the public
 purposes of this state.


LO-98-029. (RQ-989). Mr. C. Skeete Foster,
 Chair, Upper Colorado River Authority, P.O. Box 1482, San Angelo, Texas 76902,
 concerning whether member of Upper Colorado River Authority Board who moves
 to another area of the state may continue to serve on the board.


Summary. The board of the Upper Colorado
 River Authority ("UCRA") has no authority to adopt by-laws adding to or 
changing
 the legislatively-established residency requirements for appointment to the
 board. A member of the UCRA board becomes disqualified for office if he or
 she no longer complies with the statutory residency requirements, but the
 officer will continue to perform the duties of office until the governor 
appoints
 his or her successor and the successor qualifies for office.


LO-98-030. (RQ-961). The Honorable John W.
 Segrest, Criminal District Attorney McLennan County, 219 North 6th Street,
 Suite 200 Waco, Texas 76701, regarding whether a county judge may delegate
 authority to hear applications for liquor licenses to a district clerk or
 a county commissioner.


Summary. A district clerk or county commissioner
 is, for the purpose of Alcoholic Beverage Code, "another county officer" to
 whom the county judge may delegate the authority to hear liquor license 
applications.

LO-98-031. (ID# 39596). The Honorable Bill
 Turner, Brazos County District Attorney, Brazos County Courthouse, 300 East
 26th Street, Suite 310, Bryan, Texas 77803, regarding whether a public hearing
 is required to replace an assistant county auditor.


Summary. A public hearing is not required
 to appoint an assistant county auditor. A public hearing is required if the
 amount of annual compensation of an assistant county auditor is changed from
 that previously set for that position. Thus, a public hearing is required
 if the compensation of an assistant county auditor appointed to replace an
 outgoing assistant auditor is changed from that previously set at a public
 hearing.


LO-98-032. (RQ-1036). Mr. Doyne Bailey,
 Administrator, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin,
 Texas 78711-3127, regarding whether the Alcoholic Beverage Code permits two
 manufacturer's licensees to alternate control over shared premises.


Summary. Because the Alcoholic Beverage Code
 does not permit a manufacturer's license to be issued for premises subject
 to another license, see Alco. Bev. Code 11.49(b)(1), 61.41, two manufacturer's
 licensees may not alternate control over licensed premises.


LO-98-033. (RQ-1037). The Honorable Michael
 J. Guarino, Criminal District Attorney, Galveston County Courthouse, 722
 Moody, Suite 300, Galveston, Texas 77550, regarding whether a member of a
 governmental body who participated in an executive session may copy a tape
 recording of that executive session.


Summary. A member of a governmental body
 may not copy for his own use a tape recording of an executive session of
 a meeting in which he participated, nor may the governmental body permit
him to do so.


TRD-9804925