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.

Opinions
DM-476. (RQ-1035). Request from the Honorable J.E. "Buster" Brown Chair, Natural 
Resources Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-
2068, regarding whether a local school official may refuse to permit a 
Department of Protective and Regulatory Services investigator, investigating 
reported child abuse, to interview a child at school, and related questions.
Summary. A local school official may not deny the request of an investigator, 
investigating a report of suspected child abuse or neglect under Family Code, 
Chapter 261, to interview a student (the alleged victim) in the school. In 
addition, a local school official may not condition granting the request on a 
requirement that school personnel, such as a counselor, attend the interview. A 
school official who denies an investigator access to a student or who conditions 
access upon the investigator conducting the interview in the presence of school 
personnel may interfere with the investigation for purposes of Family Code, 
section 261.303(a).
DM-477. (RQ-1046). Request from William R. Archer III, M.D., Commissioner of 
Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-
3199, regarding whether the Texas Department of Health may allocate medicaid 
provider payments to satisfy a medicaid provider's child-support obligation.
Summary. Consistent with Human Resources Code section 32.036, the Texas 
Department of Health may allocate all or part of a service provider's medical 
assistance payments to satisfy the provider's child-support obligation if the 
service provider has assigned the payment to a government agency or if the 
assignment was established by or in compliance with a court order issued by a 
court of competent jurisdiction. The Department of Health is an "employer" 
subject to a court order issued under Family Code, section 154.007 or 158.001 
when it pays medical assistance payments to a service provider. Additionally, 
medicaid payments are "earnings" subject to such a court order. 
TRD-9808856

Request for Opinions
RQ-1133. Request from the Honorable John Sharp, Comptroller of Public Accounts, 
Office of the Comptroller, L.B.J. State Office Building, Austin, Texas 78774, 
regarding Constitutionality of the Marijuana and Controlled Substances Tax, 
chapter 159, Tax Code, and related question.
RQ-1134. Request from the Honorable James M. Kuboviak, Brazos County Attorney, 
300 East 26, #325 Bryan, Texas 77803, regarding Duty of a peace officer in one 
county to disqualify a bail bond surety who is in default on a bond in another 
county.
RQ-1135. Request from Mr. Craig D. Pedersen, Executive Administrator, Texas 
Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, regarding 
Regional water planning under section 16.053, Water Code.
RQ-1136. Request from the Honorable David Sibley, Chair, Interim Committee on 
Economic Development, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, 
regarding whether a municipality is required to issue a franchise to a second 
electric utility.
RQ-1137. Request from the Honorable Raymie Kana, Colorado County Auditor, 
Courthouse, Third Floor, Columbus, Texas 78934, regarding whether a county 
attorney may provide certain legal services to the county and the commissioners 
court.
TRD-9808857