Re: Whether, under sections 25.001 and 25.002 of the Education Code, a child who is newly enrolled in a public school may be prohibited from attending the school during the thirty-day period allowed to produce (1) immunization records; (2) proof that the child is not required to be immunized; or (3) proof that the child may be provisionally admitted under section 38.001(e), Education Code (RQ-0124-GA)

S U M M A R Y

Section 25.002 of the Education Code pertains only to the documents that a school must require when a child enrolls. It does not govern the immunization status of applicants for admission to a public school, nor does it authorize the Texas Education Agency to adopt rules regarding this issue. Section 38.001 of the same code requires all children, unless they are excepted, to receive certain immunizations before they may be admitted to school, although a child may be provisionally admitted if he or she has begun the required immunizations and continues to do so.

Only the Texas Department of Health, and not the Texas Education Agency, may adopt rules relating to provisional admission based upon a child's immunization status. A Department of Health rule may prohibit a child who is newly enrolled in a public school from attending the school during the thirty-day period allowed to produce (1) immunization records; (2) proof that the child is not required to be immunized; or (3) proof that the child may be provisionally admitted under section 38.001(e).

Opinion No. GA-0179

Mr. Mac Tristan

Chairman, Texas Automobile Theft Prevention Authority

4000 Jackson Avenue

Austin, Texas 78731

Re: Whether the Texas Automobile Theft Prevention Authority may assess a fee for insurance on, and use its funds to investigate the theft of, self-propelled farm equipment, construction equipment, boats and aircraft (RQ-0127-GA)

S U M M A R Y

The Texas Automobile Theft Prevention Authority may assess a fee only upon insurers who insure vehicles under a "motor vehicle insurance" policy. It may not assess a fee upon insurers that insure a vehicle under any other kind of policy. The Authority may establish a program to prevent the theft of "automobiles," including trucks and motorcycles, but not including self- propelled farm and construction equipment. The Authority may establish a uniform program to prevent self-propelled farm and construction equipment from entering Mexico only if that equipment is intended for highway use. It may not do so if such equipment is operated entirely within the confines of private property. The Authority may not fund any projects that relate to thefts of boats and aircraft.

Opinion No. GA-0180

Mr. Terrell I. Murphy, Commissioner

Texas Department of Assistive and Rehabilitative Services

4900 North Lamar Boulevard

Austin, Texas 78751-2399

Re: Whether the Texas Commission for the Blind may impose costs for providing information to its licensees under the Federal Randolph-Sheppard Act, 20 United States Code section 107 (RQ-0134-GA)

S U M M A R Y

The Texas Commission for the Blind may not impose costs for providing information to its licensees under the Federal Randolph-Sheppard Act.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.

TRD-200402649

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 20, 2004