TITLE attorney-general

LO 98-001 (ID# 39608). Request from the Honorable Steven C. Hilbig, Bexar County Criminal District Attorney, Bexar County Justice Center, 300 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, concerning whether Tax Code §312.402(d) precludes a commissioners court from entering into a tax abatement agreement with a corporation in which a commissioners court member owns a very small percentage of shares.

SUMMARY. Tax Code §312.402(d) does not preclude a commissioners court from entering into a tax abatement agreement with a corporation merely because a commissioners court member owns a very small percentage of shares in the corporation or the corporation's parent or because a commissioners court member invests in the corporation by way of a mutual fund.

TRD-9800938

Opinion

DM-465 (RQ-942). Dr. Mike Moses, Commissioner of Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, Dr. Jack Christie, Chair, State Board of Education, 1701 North Congress Avenue, Austin, Texas 78701-1494, concerning State Board of Education adoption of sex education curriculum and textbooks.

SUMMARY. The State Board of Education may not establish as part of a foundation curriculum subject the essential knowledge and skills ("TEKS") for instruction in human sexuality, sexually transmitted diseases, the human immunodeficiency virus, or acquired immune deficiency syndrome. Any human sexuality TEKS adopted by the board as part of an enrichment curriculum subject must be consistent with the sex education mandates set out in Education Code §28.004. If the board adopts TEKS for an enrichment subject that includes human sexuality, the board may adopt a textbook for the subject that does not contain the elements of human sexuality set out in §28.004 provided at least half of the TEKS elements for the subject are included in the book. A local school district may select a textbook that contains material inconsistent with the locally determined sex education instructional plan provided any materials used in the course of instruction are consistent with the local instructional plan.

TRD-9800939

Request for Opinions

RQ-1060. Request from the Honorable David Sibley, Texas Senate, P.O. Box 12068, Austin, Texas 78711, concerning use of "eight-liners" under §47.01(4), Penal Code.

RQ-1061. Request from the Honorable Scott W. Rosekrans, Criminal District Attorney, San Jacinto County, P.O. Box 430, Coldspring, Texas 77331, concerning whether a commissioners court is required to fill a vacancy in the office of justice of the peace.

TRD-9800952

Open Records Request

ORQ-26 (ID# 111842). Request from Mr. Jim Loyd, Acting Executive Director, Texas Health Care Information Council, 4900 North Lamar Boulevard, Room 3407, Austin, Texas 78751-2399, concerning whether Physician Payment Arrangements collected or maintained by the Texas Health Care Information Council pursuant to Health and Safety Code §108.009 constitute information considered to be confidential by law by reason of their designation as confidential if colleted or maintained by the Commissioner of Insurance pursuant to Insurance Code Article 20A.04.

TRD-9800749