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 #98-053. (RQ-1023). Request from the Honorable L.H. Crockett, Cherokee 
County, Auditor, 502 North Main Street, Rusk, Texas, 75785, regarding 
disposition of fee authorized by Health and Safety Code section 574.032(k). 
Summary. A fee collected as a court cost for the services of a prosecuting 
attorney under section 574.031(k) of the Health and Safety Code is to be 
deposited with the county treasurer rather than paid as a salary supplement to 
the prosecuting attorney. A county officer paid on a salary basis receives the 
salary instead of any fees, commissions, or other compensation. Fees, 
commissions, or other compensation must be deposited with the county treasurer 
according to section 113.021 of the Local Government Code. The county treasurer 
is to deposit the money in the county depository in a special fund to the credit 
of the officer who received the money, in this case, to the credit of the 
prosecuting attorney. If the county has elected to deposit all money designated 
for a salary fund into the general fund, the money would go into the general 
fund. 
LO #98-054. (RQ-1110). 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 committee 
chairs or committee members of the Texas Physical Therapy Association may be 
members of the Texas Board of Physical Therapy Examiners.
Summary. An elected member of a trade association's nominating committee and 
appointed chairs of the trade association's standing committees are not officers 
for purposes of V.T.C.S. article 4512e, section 2C(a). None of these positions 
are listed as offices in the trade association's bylaws, nor do the position 
holders serve on the trade association's board of directors.
LO #98-055. (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 member of 
the Texas Board of Physical Therapy Examiners may simultaneously hold the office 
of county clerk. 
Summary. A member of the Texas Board of Physical Therapy Examiners holds an 
"office of emolument," and is thus prohibited by article XVI, section 40, of the 
Texas Constitution from simultaneously serving as a county clerk. 
LO #98-056. (RQ-1097). Request from the Honorable James W. Smith, Jr., Frio 
County, Attorney, 500 East San Antonio Street, Box 1, Pearsall, Texas 78061-
3100, regarding effective date of amendments to subchapter T, chapter 65, title 
31, Texas Administrative Code. 
Summary. The repeal of title 31 of the Texas Administrative Code section 65.606 
became effective on March 10, 1998, twenty days after its filing with the 
Secretary of State. 
LO #98-057. (RQ-1050). Request from the Honorable John W. Smith, Ector County 
District, Attorney, 300 North Grant Street, Odessa, Texas, 79761, regarding 
authority of county to enter into coliseum concession contract which allows 
extension of lease term and transfer of lease to another entity.
Summary. The commissioners court of Ector County may enter into a coliseum 
concession contract pursuant to section 319.004 of the Local Government Code 
without seeking competitive bids, and may include in the contract provisions 
authorizing the lessee to assign the lease and to extend the term of the lease, 
subject to the consent of the commissioners court. The option to extend and the 
assignment could be exercised without putting the lease contract up for 
competitive bids.
LO #98-058. (RQ-976). Request from the Honorable Steve Holzheauser, Chair, 
Committee on Energy Resources, Texas House of Representatives, P.O. Box 2910, 
Austin, Texas, 78768-2910, regarding whether the City of New Braunfels must 
reimburse New Braunfels Utility ratepayers if it disposes of nonrevenue-
producing land originally purchased, but never used, for future expansion of the 
utility system. 
Summary. If, consistent with applicable bond ordinances, mortgages, or V.T.C.S. 
article 1112, the City of New Braunfels may dispose of real property that the 
New Braunfels Utility System has held as the city's agent, the city need not 
reimburse the utility system's ratepayers for the property. 
TRD-9812406

Request for Opinion
RQ-1102. (Revised Request #1102 republished). Request from the Honorable Fred 
Hill, Chair Committee on Urban Affairs, Texas House of Representatives, P.O. Box 
2910, Capitol Station, Austin, Texas 78768-2910, regarding whether Attorney 
General Opinion JM-632 (l987), which concluded that interest earned on statutory 
funds that are not trust funds may be separated from the principal, conflicts 
with Phillips v. Washington Legal Foundation, 1998 WL 309070 (U.S. 1998).
TRD-9812407