TITLE attorney-general

Open Records

Open Records Decision No. 666.

Re: Whether a municipality's disclosure to a municipally-appointed citizen advisory board of information pertaining to a municipally-owned power utility that is reasonably related to a competitive matter waives the municipality's claim to withhold such information under §552.131 of the Government Code.

SUMMARY.

A municipality's disclosure to a municipally appointed citizen advisory board of information pertaining to a municipally-owned power utility does not constitute a release to the public as contemplated under §552.007 of the Government Code, and therefore does not prevent the governmental body from thereafter asserting an exception under the Public Information Act to the public release of the information.

TRD-200005757

Susan Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 15, 2000


Opinions

Opinion No. JC-0267

The Honorable Susan Combs Commissioner Texas Department of Agriculture 1700 North Congress Avenue Room 933 Austin, Texas 78701

Re: Construction of section 58.014(b), Agriculture Code, which relates to the voting procedures of the board of the Texas Agricultural Finance Authority (RQ 0188-JC)

S U M M A R Y

Given the unamended language of section 58.014(b) of the Agriculture Code, it is possible for an affirmative vote of three members of the Texas Agricultural Finance Authority to pass a resolution when those three members constitute a majority of a quorum of the board. While the statutory language at issue may have been a matter of legislative oversight, the correction of such oversight, if any, is a matter for the legislature.

For further information, please call (512) 463-2110

TRD-200005780

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 16, 2000


Request for Opinions

RQ-0261-JC

Mr. Wayne Thorburn Administrator Texas Real Estate Commission P.O. Box 12188 Austin, Texas 78711-2188

Re: Whether article 6573b, Texas Civil Statutes, is applicable to service contract providers required to register with the Texas Department of Licensing and Regulation under Acts 1999, 76th Leg., ch. 1559, § 1 (Request No. 0261-JC)

Briefs requested by September 8, 2000

RQ-0262-JC

The Honorable Jeff Wentworth Chair, Nominations Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711

Re: Whether the Edwards Aquifer Authority is subject to the Open Meetings Act when a majority of board members attend a meeting of one of its component subcommittees (Request No. 0262-JC)

Briefs requested by September 11, 2000

RQ-0263-JC

The Honorable Tom O'Connell Criminal District Attorney Collin County Courthouse 210 South McDonald, Suite 324 McKinney, Texas 75069

Re: Responsibility of a sheriff for taking custody of a person hospitalized for injuries sustained while being arrested by law enforcement officers of a different jurisdiction (Request No. 0263-JC)

Briefs requested by September 14, 2000

RQ-0264-JC

The Honorable Susan D. Reed Bexar County Criminal District Attorney Bexar County Justice Center 300 Dolorosa, Fifth Floor San Antonio, Texas 78205

Re: File stamping duties of a county clerk (Request No. 0264-JC)

Briefs requested by September 14, 2000

TRD-200005779

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 16, 2000