Attorney General

Description of Attorney
General submissions. Under provisions set
out in the Texas Constitution, the Texas Government Code, Title
4, sec.402.042 and numerous statutes, the attorney general
is authorized to write advisory opinions for state and local
officials. These advisory opinions are requested by agencies
or officials when they are confronted with unique or unusually
difficult legal questions. The attorney general also determines,
under authority of the Texas Open Records Act, whether information
requested for release from governmental agencies maybe held from
public disclosure. Requests for opinions, opinions, and open
record decisions are summarized for publication in the Texas
Register. The Attorney General responds to many requests
for opinions and open records decisions with letter opinions.
A letter opinion has the same force and effect as a formal Attorney
General Opinion, and represents the opinion of the Attorney General
unless and until it is modified or overruled by a subsequent
letter opinion, a formal Attorney General Opinion, or a decision
of a court of record.



Open Records Decisions


ORD-595 (RQ-84).
Request from Dennis R.
Jones, M.S.W., M.B.A., Commissioner,
Texas Department of Mental
Health and Mental Retardation,
Austin, concerning scope of
the confidentiality provision for
peer review records in
Article 4495b, sec.5.06(g), and
scope of right of access
under Article 5547-300, 
sec.57(b).

Summary of Decision.
 Records generated by
or for the Death Review
Committee of the Fort
Worth State School are
within the scope of the
confidentiality provision in the
Medical Practice Act only
when the records are
generated by or for the
committee for purposes of
evaluating medical care at
the state school. Texas
Civil Statutes, Article 4495b,
sec.5.06(g). That confidentiality
provision prevails over the
right of access set out
in Article 5547-300, sec.57(b).
Records that were reviewed
by the Death Review Committee
but were not generated
by or prepared for the
sole use of the committee
are not made confidential
by the Medical Practice
Act.

TRD-9113209

   
   


ORD-596 (RQ-94).
Request from Robert A.
MacLean, M.D., Acting Commissioner,
Texas Department of Health,
Austin, concerning whether 
sec.3(a)(15) (A) of the Open
Records Act or sec.192.008
of the Health and Safety
Code controls the release
of an official birth
record of an adoptee.

Summary of Decision.
 In the absence of
a court order, the Bureau
of Vital Statistics may
not disclose information in
the original birth certificate
of an adopted person
for whom a supplementary
birth certificate has been
filed.

TRD-9113270

   
   


Opinions


DM-48 (RQ-147). Request
from Ernestine V. Glossbrenner,
Chairman, Public Education Committee,
Texas House of Representatives,
Austin, concerning whether school
districts have the authority
to pay school employees
for accrued sick leave.

Summary of Opinion.
School districts have the
implied authority under 
sec.sec.20.48(c), 23.26(b), and 23.28
of the Education Code
to adopt policies to
pay their employees for
accrued sick leave, and
continue to have such
authority following the repeal
of sec.21.919 of the
Education Code.

TRD-9113271

   
   


DM-49 (RQ-109). Request
from Thomas R. Phillips,
Chairman, Judicial Districts Board,
Austin, concerning whether a
justice of the Supreme
Court of Texas would
violate any provision of
the Texas Constitution or
a state statute by serving
as a member of the
Board of Directors of
the State Justice Institute.

Summary of Opinion.
A justice of the Supreme
Court of Texas holds
"an office of profit
or trust under this State"
for purposes of Article
XVI, sec.12, of the
Texas Constitution, which prohibits
dual office holding. A
member of the board of
directors of the State
Justice Institute, created pursuant
to Title 42, sec.10701
et seq., of the United
States Code holds an
office of trust under
the United States for
purposes of Article XVI,
sec.12. The federal statute
which provides that board
members shall not be
considered officers or employees
of the United States
does not pre-empt the
state dual office holding
provision. Therefore, Article XVI,
sec.12, bars a justice
of the Supreme Court
of Texas from Accepting
of the board.

TRD-9113268

   
   


DM-50 (RQ-100). Request
from Susan Gay Dorsett,
Chair, State Committee of
Examiners for Speech-Language Pathology
and Audiology, 1100 West
49th Street, Austin, concerning
whether audiology students at
a college or university
are required to obtain
a temporary permit from
the Texas Board of Examiners
in the Fitting and Dispensing
of Hearing Aids in order
to make ear impressions.

Summary of Opinion.
Pursuant to the exemption
in Texas Civil Statutes,
Article 4566-1.19(1), audiology
students engaged in the
practice of measuring human
hearing as a part of
the academic curriculum of
an accredited institution of
higher learning may make
impressions for earmolds to
be used as parts in
hearing aids without having
obtained a license or
temporary permit from the
Board of Examiners in
the Fitting and Dispensing
of Hearing Aids, so long
as the students or their
employees do not "sell"
hearing aids.

TRD-9113272