ATTORNEY GENERAL
Under provisions set out in the Texas Constitution, the Texas Government Code, 
Title 4, sec.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, please fax your request to (512) 462-0548 or call (512) 936-1730. To 
inquire about pending requests for opinions, phone (512) 463-2110.

Letter Opinions
LO-#98-039. The Honorable Rodney Ellis Chair, Senate Jurisprudence Committee, 
Texas State Senate, P.O. Box 12068, Austin, Texas, 78711-2068, regarding whether 
a legislator may employ local public officials (RQ-1078).
SUMMARY. A legislator is not prohibited from employing local elected officials. 
Legislative employees who are members of the governing boards of most local 
governmental districts may not receive a salary for their local service, except 
that county commissioners are not barred from doing so. 
LO-#98-040. The Honorable David Sibley Chair, Committee on Economic Development, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, regarding whether 
a nonprofit water supply corporation that is not exempt from ad valorem taxation 
is subject to the Open Meetings Act (RQ-1071).
SUMMARY. If the North Bosque Water Supply Corporation is not the kind of 
"nonprofit water supply corporation" embraced by section 551.001(3)(I) of the 
Open Meetings Act, nor is included within the ambit of sections 15.006, 16.002, 
or 17.002 of the Water Code, it is not subject to the Open Meetings Act.
LO-#98-041. The Honorable Ren‚ O. Oliveira Chair, Committee on Economic 
Development, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, regarding authority of a home-rule city to increase the statutory penalty 
for failure to restrict access to aerosol paint (RQ-1074). 
SUMMARY. The City of Brownsville may not adopt an ordinance modeled after 
section 485.019 of the Health and Safety Code, which proscribes the failure of a 
business establishment to restrict access to aerosol paint, if the ordinance 
sets a maximum penalty for violation of the ordinance at a fine of more than one 
hundred dollars.
LO-#98-042. Ms. Eliza May, Executive Director, Texas Funeral Service Commission, 
510 South Congress Avenue, Suite 206, Austin, Texas 78704-1716, regarding 
whether the Texas Funeral Service Commission may by rule allow an embalmer or a 
funeral director to provide personal supervision to a provisional licensee by 
being present on the premises (RQ-1010).
SUMMARY. The Texas Funeral Service Commission cannot by rule allow a licensed 
embalmer or funeral director to provide personal supervision to a provisional 
licensee merely by being present on the premises.
TRD-9808282