Opinions
Opinion No. JC-0509
The Honorable J. E. "Buster" Brown Chair, Committee on Natural Resources,
Texas State Senate P.O. Box 12068, Austin, Texas 78711-2068
Re: Whether section 402.909 of the Local Government Code is applicable
to the San Antonio Water System, and related questions (RQ-0489-JC)
S U M M A R Y
Section 402.909 of the Local Government Code, which places certain restrictions
upon a municipal water system's authority to contract with former members
of the board of the water system, is prospective in its application and therefore
does not apply to the San Antonio Water System created in 1992.
Opinion No. JC-0510
Mr. William H. Kuntz, Jr. Executive Director, Texas Department of Licensing
and Regulation, P.O. Box 12157 Austin, Texas 78711
Re: Whether the Texas Department of Licensing and Regulation's executive
director may adopt, as standards for installing, altering, operating, and
inspecting elevators, escalators, and related equipment, the current version
of safety codes A17.1 and A17.3, adopted by the American Society of Mechanical
Engineers, and related questions (RQ-0479-JC)
S U M M A R Y
To construe section 754.014 of the Health and Safety Code constitutionally,
it must be read to refer only to the editions of the ASME Codes A17.1 and
A17.3 that were in effect when the legislature inserted these references into
the section in 1995, except where the statute expressly names an earlier edition.
Accordingly, neither subsection (c) nor subsection (d) of section 754.014
authorizes the executive director of the Texas Department of Licensing and
Regulation to require elevators, escalators, and related equipment to comply
with the current edition of ASME Code A17.1 or A17.3. Similarly, the executive
director lacks authority to determine whether to adopt revisions to the ASME
codes that have occurred since 1995.
Regardless of whether section 754.014(c) refers only to "installation requirements"
for elevators, escalators, and related equipment, section 754.014(b) plainly
prohibits the executive director of the Texas Department of Licensing and
Regulation from adopting standards relating to the alteration, operation,
or inspection of such equipment that add to the requirements in the 1995 versions
of ASME Code A17.1 or ASME Code A17.3.
Opinion No. JC-0511
Mr. Jim Loyd, Executive Director, Texas Health Care Information Council,
206 East Ninth Street, Suite 19.140 Austin, Texas 78701
Re: Whether the Texas Health Care Information Council may use certain data
to prepare reports (RQ-0480-JC)
S U M M A R Y
The Texas Health Care Information Council is limited to using public use
data to prepare reports required under section 108.011(c) of the Health and
Safety Code. The Council is not limited to using public use data to prepare
reports under sections 108.010 and 108.011(b) and need not obtain the approval
of the scientific review panel under section 108.0135 in order to use other
data it has collected to prepare those reports. In those reports, the Council
may not release data in violation of applicable provisions of sections 108.010
and 108.011, which establish certain procedures and requirements for the release
of information, and section 108.013, which provides for confidentiality of
certain data, such as information that could reasonably be expected to reveal
the identity of a patient or a physician.
For further information,
please access the website at www.oag.state.tx.us.
or call the Opinion
Committee at (512) 463-2110.
TRD-200203485
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 5, 2002
RQ-0554
The Honorable Tom O'Connell, Collin County Criminal District Attorney,
210 S. McDonald, Suite 324 McKinney, Texas 75069
Re: Whether the testimony of a witness before a grand jury requires the
appointment of a licensed court interpreter under section 57.002, Government
Code (Request No. 0554-JC)
Briefs requested by June 29, 2002
RQ-0555
Ms. Gwyn Shea, Secretary of State, State of Texas, P.O. Box 12697 Austin,
Texas 78711
Re: Meaning of "state officer" for purposes of article XVI, section 1 of
the Texas Constitution, which requires such individuals to sign an anti-bribery
statement (Request No. 0555-JC)
Briefs requested by June 30, 2002
For further information,
please access the Attorney General's website at www.oag.state.tx.us.
or call the Opinion Committee at (512) 463-2110.
TRD-200203486
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: June 5, 2002
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