TITLE attorney-general

Request for Opinions

RQ-0473-GA

Requestor:

The Honorable Tamara Y.S. Keener

Gillespie County Attorney

125 West Main, Suite L41

Fredericksburg, Texas 78624

Re: Whether a county attorney may use the "hot check" fund established by article 102.007, Code of Criminal Procedure, to sponsor a children's book (Request No. 0473-GA)

Briefs requested by May 13, 2005

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

TRD-200602244

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: April 19, 2006


Opinions

Opinion No. GA-0422

Mr. Carl Reynolds

Administrative Director

Office of Court Administration

Post Office Box 12066

Austin, Texas 78711-2066

Re: Confidentiality of grand and petit jury lists (RQ-0380-GA)

S U M M A R Y

Neither a clerk nor a judge has a duty to keep a grand jury list confidential after the clerk, in order to summon the prospective grand jurors, has opened an envelope containing their names. Until that time, a clerk is specifically obligated to maintain sealed the list of prospective grand jurors.

Neither a clerk nor a judge has a duty to keep petit jury lists confidential from any party, counsel to a party, or third party at any point in time after the clerk, in order to summon the prospective petit jurors, has opened the envelope containing the names of prospective petit jurors.

Opinion No. GA-0423

The Honorable D. Matt Bingham

Smith County Criminal District Attorney

Smith County Courthouse

100 North Broadway, Fourth Floor

Tyler, Texas 75702

Re: Whether a physician, psychiatrist, licensed professional counselor, licensed marriage and family therapist, or social worker must be licensed by the Council on Sex Offender Treatment to provide rehabilitation services or act as a sex offender treatment provider (RQ-0405-GA)

S U M M A R Y

Chapter 110 of the Occupations Code requires a person to have one of the professional licenses listed in section 110.001(7) as well as a sex offender treatment provider license under section 110.301(a) before the person may render rehabilitation services or provide mental health or medical services for the rehabilitation of sex offenders. A person who was registered as a sex offender treatment provider as of September 1, 2005, is considered to hold a license under chapter 110. Whether the patient is a "sex offender" as defined and whether the treatment or program is for a problem that "may relate or contribute" to the offender's criminal or paraphiliac problem is a matter for the treating professional's determination within the bounds of chapter 110's express terms and the rules of the Council on Sex Offender Treatment.

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

TRD-200602240

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: April 19, 2006