Opinions
Opinion No. JC-0379
Dr. Cynthia S. Vaughn, D.C., President, Texas Board of Chiropractic Examiners,
333 Guadalupe, Suite 3-825, Austin, Texas 78701-3942, regarding whether a
licensed acupuncturist may perform "spinal manipulation" (RQ-0308-JC).
Summary
While the technique called Tui Na, which involves some manipulation of
the spinal area, may be an energy flow exercise within the meaning of §205.001
of the Texas Occupations Code, the administration of such exercise is not
within the statutory definition of the practice of acupuncture.
Opinion No. JC-0380
The Honorable Chris Taylor, Tom Green County Attorney, 112 West Beauregard,
San Angelo, Texas 76903, regarding whether a district attorney subject to
the Professional Prosecutors Act may serve as a legal officer in the Air Force
Reserve and related questions (RQ-0326-JC).
Summary
Service as a legal officer in the United States Air Force Reserve does
not violate the Professional Prosecutors Act because it is not the private
practice of law.
Opinion No. JC-0381
Ms. Lois Ewald, Executive Director, Texas Optometry Board, 333 Guadalupe
Street, Suite 2-420, Austin, Texas 78701-3942, regarding whether an "optometric
glaucoma specialist" may use that designation as his sole professional title
(RQ-0329-JC).
Summary
An optometric glaucoma specialist may not use the phrase "optometric glaucoma
specialist" exclusively as a professional designation.
Opinion No. JC-0382
Mr. Robert L. Maxwell, Administrator, Texas State Board of Plumbing Examiners,
929 East 41st Street, Austin, Texas 78765, regarding licensed plumbing inspectors
and plumbing inspections performed on behalf of cities (RQ-0333-JC).
Summary
A plumbing inspector as defined under the Plumbing License Law must be
an employee of the city or other political subdivision in which the plumbing
inspector exercises authority. A city or other political subdivision may not
contract with an independent contractor or enlist the services of any other
non-employee to perform the duties of a local plumbing inspector.
Opinion No. JC-0383
The Honorable Jack M. Skeen, Jr., Smith County Criminal District Attorney,
100 North Broadway, 400, Tyler, Texas 75702, regarding whether, without violating
article III, section 53 of the Texas Constitution, a county may pay group-health-insurance
premiums for retirees for whom, at the time they retired, the county did not
provide such benefits, and related questions (RQ-0334-JC).
Summary
In light of article III, section 53 of the Texas Constitution, a county
may not pay group-health-insurance premiums for a retired employee absent
additional consideration from the retired employee, if at the time he or she
retired, the county did not provide for such coverage nor for the possibility
of such coverage. See Tex. Const. art. III, §53. The county may, but
is not required to, seek reimbursement from a retired employee for whom the
county paid premiums in violation of article III, section 53. With respect
to a person who retired on or after January 1, 1994, that person may be entitled
to participate in the county's health-insurance program in accordance with
chapter 175. See Tex. Loc. Gov't Code Ann. ch. 175 (Vernon 1999). But the
county may not permit a person who retired from employment with the county
before January 1, 1994 to participate beyond the period required by federal
law, even if the retiree pays the premiums.
Opinion No. JC-0384
The Honorable Robert F. Vititow, Rains County Attorney, 113 North Texas,
P.O. Box 1075, Emory, Texas 75440, regarding whether a "joint clerk" who performs
the duties of both the district clerk and the county clerk is entitled to
complete the term of office to which elected when the county's population
exceeds eight thousand persons after the release of the 2000 United States
Census of Population (RQ-0339-JC)
Summary
The office of "joint clerk" who performs the duties of both the district
clerk and the county clerk is to be separated, should census figures require
it, at the expiration of the term of office to which the incumbent was elected
rather than on the date a United States Census of Population report is recognized.
There is no provision in the Texas Constitution or in Texas statutes for the
election of a district or county clerk other than at a general election.
For further information, please call (512) 463-2110.
TRD-200103031
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: May 30, 2001
RQ-0383-JC.
Mr. C. Tom Clowe, Jr., Chair,
Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630, regarding
authority of the Lottery Commission to regulate non-bingo games included as
a component of an electronic bingo device, and related questions (Request
No. 0383-JC).
Briefs requested by June 24, 2001.
RQ-0384-JC.
The Honorable Virginia K. Treadwell,
McCulloch County Attorney, Courthouse, Room 302, Brady, Texas 76825, regarding
whether a county commissioners court is required to provide health insurance
for a constable (Request No. 0384-JC).
Briefs requested by June 23, 2001.
RQ-0385-JC.
The Honorable David Sibley, Chair,
Business and Commerce Committee, Texas State Senate, P.O. Box 12068, Austin,
Texas 78711-2068, regarding scope of an electric utility property owner's
right of access to appraisal information used in establishing the taxable
value of his property (Request No. 0385-JC).
Briefs requested by June 25, 2001.
For further information, please call (512) 463-2110.
TRD-200103032
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: May 30, 2001
Request for Opinions