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).
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 by
the sole use of the
committee are not made
confidential by the Medical
Practice Act.

TRD-9114828

   
   


ORD-596 (RQ-94).
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-9114842

   
   


Opinions


DM-45A (RQ-65). Request
from Allen Hightower, Chairman,
Committee on Corrections, Texas
House of Representatives, Austin,
concerning whether the amendment
to Article 42.18 of the
Code of Criminal Procedure
regarding the mandatory time
that inmates must serve
prior to eligibility for
parole is retroactive. Attorney
General Opinion DM-45, issued
on September 20, 1991,
is hereby withdrawn.

TRD-9114841

   
   


DM-47 (RQ-140). Request
from John C. Taylor,
Chairman, Board of Directors,
Guadalupe-Blanco River Authority,
Seguin, concerning whether a
member of the board of
a river authority may
serve on a board of
an appraisal district.

Summary of Opinion.
Article XVI, sec.40, of
the Texas Constitution does
not prohibit a person
from serving on the board
of directors of a river
authority and the board
of directors of a county
appraisal district.

Service on the board of the Guadalupe-Blanco River Authority
is not incompatible with service on the board of an appraisal
district that appraises property within the boundaries of the
river authority for ad valorem tax purposes.

TRD-9114840

   
   


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

TRD-9114839

   
   


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-9114838

   
   


DM-50 (RQ-100). Request
from Susan Gay Dorsett,
Chair, State Committee of
Examiners for Speech-Language Pathology
and Audiology, 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
hearings 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-9114837

   
   


DM-51 (RQ-51). Request
from Gene Green, Chairman,
Senate Jurisprudence Committee,
Austin, concerning authority of
a commissioners court to
establish a pay scale
for justices of the peace
based on the volume of
cases filed in their
respective courts.

Summary of Opinion.
A pay scale differential
for justices of the peace
in the same county, based
on the number of cases
filed in each court,
does not, on its face,
violate the equal protection
clause of the fourteenth
amendment to the United
States Constitution. If, however,
the case load scheme
is merely a facade to
mask an unconstitutional classification,
it would fail to meet
constitutional standards. These
considerations require the resolution
of fact questions that
cannot appropriately be made
in the opinion process.

TRD-9114836

   
   


DM-52 (RQ-196). Request
from Robert A. MacLean,
M.D., Acting Commissioner of
Health, Texas Department of
Health, Austin, concerning whether
the Health and Safety
Code, sec.361.013(a) sets the
fee for solid waste disposal
as the amount equal to
the greatest of three
factors: the weight of
the waste, the volume
of the compacted waste,
or the volume of the
uncompacted waste.

Summary of Opinion.
The second sentence of
the Health and Safety
Code, sec.361.013(a), requires
the department to charge
a fee for solid waste
disposal that equals the
greater of two amounts:
if the waste is delivered
in compacted form, the
department is to charge
the greater of 50 cents
per ton or 50 cents
per cubic yard; if the
waste is delivered in
uncompacted form, the department
is to charge the greater
of 50 cents per ton
or 10 cents per cubic
yard. The third sentence
of the Health and Safety
Code, sec.361.013(a) requires
the department to charge
as a fee for the
disposal of sludge half
of the amount it would
receive for compacted solid
waste received at a landfill.
The third sentence also
requires the department to
charge as a fee for
the disposal of solid
waste received at an
incinerator or a shredding
and composting facility half
the amount it would receive
for either compacted waste
or uncompacted waste, depending
on the form in which
the waste is delivered.

TRD-9114835

   
   


DM-53 (RQ-157). Request
from Lionel R. Meno,
Commissioner, Texas Education Agency,
Austin, concerning construction
of the Texas Education
Code, sec.23.023(h).

Summary of Opinion.
Subsection (h) of the
Education Code, sec.23.023, requires
the election of five
members to the board
of trustees of a district
subject to sec.23.023 when
three positions of the
prior seven-member board are
up for election in the
first election held under
sec.23.023.

TRD-9114834

   
   


DM-54 (RQ-177). Request
from John Hall, Chairman,
Texas Water Commission, P.O.
Box 13087, Austin, concerning
whether Attorney General Opinion
O-3205-A (1941), which held
that the predecessor to
the Texas Water Code,
sec.28. 11, was an
unconstitutional delegation of
authority, continued to be
valid.

Summary of Opinion.
The Texas Water Code,
sec.28.011, which authorizes
the Texas Water Commission
to "make and enforce
rules and regulations for
conserving, protecting, preserving,
and distributing underground, subterranean,
and percolating water located
in this state," is not
an unconstitutional delegation
of legislative authority. Attorney
General Opinion O-3205-A (1941)
is overruled to the extent
it is inconsistent with
this opinion.

TRD-9114833

   
   


DM-55 (RQ-142). Request
from Gib Lewis, Speaker,
Texas House of Representatives,
Austin, concerning whether service
on the board of a
county education district by
a board member of an
independent school district constitutes
unconstitutional dual office holding,
and related questions.

Summary of Opinion.
Neither the prohibition on
dual office holding set
out in Article XVI, 
sec.40, of the Texas Constitution
nor the common-law rule
of incompatibility prohibits a
school board member from
serving on the board
of the county education
district of which his
school district is a
component, from serving as
a teacher in a different
school district, or from
working partime in the
state legislator's office.

TRD-9114832

   
   


DM-56 (RQ-165). Request
from Bill Sims, Chairman,
Committee on Natural Resources,
Texas State Senate, Austin,
concerning authority of board
of trustees of an independent
school district to enact
and enforce a policy
banning the use of tobacco
products by district personnel
and the general public
on all school district
property.

Summary of Opinion.
The Texas Education Code
authorizes the board of
trustees of an independent
school district to enact
and enforce a policy
prohibiting students, district
personnel, and the general
public from using tobacco
products on any school
district property.

TRD-9114831

   
   


DM-57 (RQ-69). Request
from Richard C. Terrell,
District Attorney, Jim Wells
and Brooks Counties, Alice,
concerning whether a justice
of the peace may set
bail by telephone, and
whether a magistrate may
establish pre-set bail amounts
by posting a schedule
at the county jail.

Summary of Opinion.
A justice of the peace
lacks authority to set
bail by telephone for
a person who has just
been arrested and who
has not appeared before
a magistrate. Neither is
it proper for bail amounts
to be set according to
a pre-set schedule. Bail
must be determined on
a case-by-case basis.

TRD-9114830

   
   


Requests for Opinions


(RQ-152). Request
from Mike Moncrief, Chairman,
Health and Human Services
Committee, Texas State Senate,
Austin, concerning whether services
of auctioneers are "professional
services" for purposes of
laws governing the awarding
of contracts by cities
and counties, and related
questions.


(RQ-153). Request
from Claire Korioth, Texas
Department of Insurance, Austin,
concerning whether an order
of the Texas Department
of Insurance (formerly the
State Board of Insurance)
which has not been reduced
to written order is effective,
and whether it is legally
permissible for the board's
staff to prepare orders
and sign them with facsimile
signatures without further review
or official action by
the board.


(RQ-154). Request
from Gary L. Watkins,
Chairman, Committee on Higher
Education, Texas House of
Representatives, Austin, concerning
constitutionality of legislation
creating Central Texas University.


(RQ-155). Request
from John Vance, District
Attorney, Dallas County, Dallas,
concerning authority of a
justice of the peace
to communicate in writing
to a potential defendant
in a peace bond proceeding.


(RQ-156). Request
from Robert H. Norris,
Executive Director, Board of
Architectural Examiners, Austin,
concerning whether a design
of a school building
by a licensed engineer
is within the exemption
for engineers in sec.10
of Article 249a, from
licensure as an architect.


(RQ-157). Request
from Lionel R. Meno,
Commissioner, Texas Education Agency,
Austin, concerning construction
of the Texas Education
Code, sec.23.023(h).


(RQ-158). Request
from A. J. Hartel, County
Attorney, County of Liberty,
Liberty, concerning whether licensed
medical professionals employed
on a part-time basis
by a county to provide
health care services to
criminal defendants held in
the county jail are entitled
to indemnification and legal
representation under the Civil
Practices and Remedies Code,
sec.sec.104.001, 104.004, and
110.002 and related questions.


(RQ-159). Request
from Bill Sims, Chairman,
Committee on Natural Resources,
Texas State Senate, Austin,
concerning whether court partitions
on minerals are constitutional.


(RQ-160). Request
from Paul Shinkawa, Director,
Legal Services Division, Texas
Parks and Wildlife Department,
Austin, concerning questions concerning
the regulation of fish
and fishing.


(RQ-161). Request
from Richard Townsend, County
and District Attorney, Morris
County Courthouse, Daingerfield,
concerning authority of county
to reimburse private litigant
for attorney fees assessed
against him.


(RQ-162). Request
from Albert J. Price,
Chairman, Ways and Means
Committee, Texas House of
Representatives, Austin, concerning
questions pertaining to the
action of the PUC.


(RQ-163). Request
from Ron Lewis, Chairman,
Natural Resources Committee, Texas
House of Representatives, Austin,
concerning authority of school
superintendent to hire husband
and wife as employees.


(RQ-164). Request
from Chris Harris, State
Senate, Austin, concerning status
of "substitute teachers" for
purposes of the Texas
Unemployment Compensation Act.


(RQ-165). Request
from Bill Sims, Chairman,
Committee on Natural Resources,
Texas State Senate, Austin,
concerning authority of school
superintendent to adopt and
enforce a "No Tobacco"
policy for all school
district property and applicable
to district personnel and
the general public.


(RQ-166). Request
from John C. Dickerson,
County Attorney, Matagorda County,
Bay City, concerning whether
the Port of Bay City
Authority of Matagorda County
may expend ad valorem
tax revenues for the
establishment of a fish
pass from East Matagorda
Bay to the Colorado River
and for building a public
park and boat ramp adjacent
to the proposed fish
pass.


(RQ-167). Request
from William C. Wilson,
Adjutant General, Texas Army
National Guard, Austin, concerning
authority of the Adjutant
General's Department to purchase
liability insurance with funds
donated by the federal
government.


(RQ-168). Request
from Michael D. Meredith,
Assistant District Attorney, Potter
and Armstrong Counties, Amarillo,
concerning criminal defendants
special right of access
to information pertaining to
D.A's investigation.


(RQ-169). Request
from Mark H. Dettman,
Midland County Attorney, Midland,
concerning authority of a
sheriff outside his county,
and related questions.


(RQ-170). Request
from Georgia Flint, Acting
Commissioner, State Board of
Insurance, Austin, concerning whether
certain registration statements
filed with Texas Department
of Insurance are made
confidential by the Insurance
Code, Article 12.49-1, 
sec.10.


(RQ-171). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
authority of county clerk
to charge fees under
Civil Practices and Remedies
Code, sec.31.008, and related
questions.


(RQ-172). Request
from Marcos Hernandez, Jr.,
Criminal District Attorney, Hays
County, San Marcos, concerning
review of the provisions
of House Bill 93 in
regard to a county setting
it's effective tax rate.


(RQ-173). Request
from Charles E. Nemir,
P.E., Executive Director, State
Board of Registration for
Professional Engineers, Austin,
concerning whether increase in
renewal fees is applicable
to registered engineers who
are at least 65 years
of age.


(RQ-174). Request
from D. C. Jim Dozier,
Montgomery County Attorney, Office
of the County Attorney,
Conroe, concerning reconsideration
of Attorney General opinion
JM-1232, whether property purchased
by county at delinquent
tax sale may be sold
at private sale.


(RQ-175). Request
from Burton F. Raiford,
Interim Commissioner, Department
of Human Services, Austin,
concerning whether a managing
conservatorship or possessory is
included within the definition
of "immediate family" for
sick leave purposes under
Article V, sec.8(3), General
Appropriations Act, 71st Legislature,
Regular Session, 1989.


(RQ-176). Request
from Merrill L. Hartman,
Chairman, Court Reporters Certification
Board, Austin, concerning whether
the Court Reporters Certification
Board may consider an
application for certification under
the Government Code, sec.52.021(e)
at a meeting held after
the effective date of
the repeal of that section.


(RQ-177). Request
from John Hall, Chairman,
Texas Water Commission, Austin,
concerning authority of the
Texas Water Commission to
regulate pumpage of groundwater
from the Edwards Aquifer.


(RQ-178). Request
from Chet Brooks, Chairman,
Committee on Health and
Human Services, Texas State
Senate, Austin, concerning whether
Texas Law provides a
mechanism for legitimating a
child born out of wedlock.


(RQ-179). Request
from Gene Green, Chairman,
Jurisprudence Committee, Texas
State Senate, Austin, concerning
whether Texas Supreme Court
Justice may also serve
as a presiding judge
of an administrative judicial
region.


(RQ-180). Request
from Rick Perry, Commissioner,
Texas Department of Agriculture,
Austin, concerning interpretation
of Appropriations Act rider
regarding funds held by
the Texas Federal Inspection
Agency.


(RQ-181). Request
from Chet Brooks, Chairman,
Committee on Health and
Human Services, Texas State
Senate, Austin, concerning whether
medical provider on workers
compensation claim can request
payment from claimant for
treatment of conditions diagnosed
as non-work related.


(RQ-182). Request
from Marvin J. Titzman,
Executive Director, Texas Surplus
Property Agency, Austin, concerning
validity of construction of
rider to appropriations act
providing that no appropriated
funds may be obligated
unless contracting employee files
financial disclosure statement
with his board.


(RQ-183). Request
from John Vance, Criminal
District Attorney, Dallas County,
Dallas, concerning whether charges
for uncertified copies of
records of judiciary in
district clerk's office are
set by Texas Civil Statutes,
Article 6252-17a, sec.9(d).


(RQ-184). Request
from Lionel R. Meno,
Commissioner of Education, Texas
Education Agency, Austin, concerning
constitutionality of rider to
General Appropriations Bill for
1991-1992 biennum.


(RQ-185). Request
from Tim Curry, Tarrant
County Criminal District Attorney,
Justice Center, Fort Worth,
concerning whether sheriff must
accept bail bond from
bondsman not licensed in
county, and related questions.


(RQ-186). Request
from Robert H. Norris,
Executive Director, Texas Board
of Architectural Examiners, Austin,
concerning construction of Texas
Civil Statutes, Article 249a,
sec.16, the act of
regulating the practice of
architecture.


(RQ-187). Request
from Ernestine V. Glossbrenner,
Chair, Public Education Committee,
Texas House of Representatives,
Austin, concerning whether the
Dallas County Community College
District has the authority
to divide the district
into more than seven
trustee districts.


(RQ-188). Request
from David J. Freeman,
Executive Secretary, Texas Racing
Commission, Austin, concerning
construction of the term
"revocation" for purposes of
Texas Civil Statutes, Article
179e, sec.6.19, and related
questions.


(RQ-189). Request
from Phil Nichols, Erath
County Attorney, Erath County
Courthouse, Stephenville, concerning
whether the geographic size
and population of Justice
of the Justice Peace
Precincts should be as
equal as is reasonable.


(RQ-190). Request
from Edmund Kuempel, Chairman,
House Administration Committee,
Texas House of Representatives,
Austin, concerning whether a
manufactured home credit transaction,
Texas Civil Statutes, Article
5069-6A.08 allows a creditor
to require the consumer
to buy the required insurance
from an insurer of the
creditor's choosing, and related
questions.


(RQ-191). Request
from Bruce Isaacks, Criminal
District Attorney, Denton County,
Bail Bond Board is authorized
to set a limit on
the value amount of bonds
which a corporate surety
may provide, and related
questions under Texas Civil
Statutes, Article 2372p-3.


(RQ-192). Request
from Karen Johnson, Executive
Director, State Bar of
Texas, Austin, concerning whether
lists of registrants for
Professional Development Programs
is excepted from public
disclosure under the Open
Records Act, sec.3(a)(4).


(RQ-193). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether a pre-trial services
agency may hold personal
property as additional security
for personal bond if
additional security is ordered
by the district court,
and if so, where such
personal property should be
held.


(RQ-194). Request
from Donald Elliot Branson,
Director, State Board of
Podiatry Examiners, Austin, concerning
authority of a podiatrist
to amputate part of foot.


(RQ-195). Request
from Bruce Isaacks, Criminal
District Attorney, Denton County,
Denton, concerning whether a
District Judge or the
Commissioners Court has the
authority to set compensation
for court reporters in
the County Courts at
Law in Denton County.


(RQ-196). Request
from Robert A. MacLean,
M.D., Acting Commissioner, Texas
Department of Health, Austin,
concerning whether the Texas
Health and Safety Code,
sec.361.013(a), sets the fee
for solid waste disposal
as the amount equal to
greater of three factors:
the weight of the waste,
the volume of the compacted
waste or the volume of
the uncompacted waste.


(RQ-197). Request
from David P. Weeks,
Criminal District Attorney, Walker
County, Huntsville, concerning
whether cases in which
a law enforcement agency
other than the Sheriff's
Department obtains a pre-indictment
warrant for arrest of
an individual who is
then arrested in another
county, the duty to bring
the prisoner back to
the county issuing the
warrant rests on the
Sheriff's Department or the
law enforcement agency that
obtained the warrant.


(RQ-198). Request
from Burton F. Raiford,
Interim Commissioner, Department
of Human Services, Austin,
concerning validity of a
rider to the General
Appropriations Act which requires
certain employees of state
agencies to submit financial
statements for review and
approval by the board
or commission to which
the employees are responsible.


(RQ-199). Request
from Carl A. Parker,
Chairman, Subcommittee on Insurance,
Austin, concerning whether Texas
Civil Statutes, Article 224.
et seq. the Texas arbitration
statute, violates Article I,
sec.13, of the Texas
Constitution, the open courts
amendment.


(RQ-200). Request
from Paul M. Shinkawa,
Director, Legal Services Division,
Parks and Wildlife Department,
Austin, concerning construction
of phrase "court of appropriate
jurisdiction" for purposes of
the Parks and Wildlife
Code, sec.12.1106, relating to
seizure of certain vessels
for possession of illegal
fishing devices.


(RQ-201). Request
from Georgia Flint, Acting
Commissioner, Department of Insurance,
Austin, concerning whether an
insurance company released from
supervision or conservatorship
may deduct from its premium
tax liability any fees
paid as a cost of
rehabilitation.


(RQ-202). Request
from Kenneth H. Ashworth,
Higher Education Coordinating Board,
Austin, concerning whether a
member of a governmental
body subject to the Open
Meetings Act may review
the tape of an executive
session in which the
individual participated.


(RQ-203). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether the Harris County
Hospital District may create
a sec.501(c)(3) nonprofit charitable
corporation to accept gifts
and donations for use
by the Harris County
Hospital District, and related
questions.


(RQ-204). Request
from Tracey Bright, Ector
County Attorney, Ector County
Courthouse, concerning questions
regarding the setting of
an agency and the conduct
of a commissioners court
meeting.


(RQ-205). Request
from Jack Skeen, Jr.,
Criminal District Attorney, Smith
County, Smith County Courthouse,
Tyler, concerning whether rule
B 11(c) of the Rules
and Regulations of the
Smith County Bail Bond
Board which prohibits an
original bail bond applicant
from executing deeds of
trust in real property
as security for obligations
incurred in the bonding
business is invalid as
inconsistent with Texas Civil
Statutes, Article 2372p-3.


(RQ-206). Request
from John Whitmire, Chairman,
Committee on Intergovernmental
Relations, Texas State Senate,
Austin, concerning whether the
jurisdiction for pending applications
to license radioactive disposal
sites is within the Texas
Department of Health or
Texas Water Commission.


(RQ-207). Request
from Fred Toler, Executive
Director, Commission on Law
Enforcement Officer Standards and
Education, Austin, concerning questions
concerning the construction of
the Government Code, sec.415.058,
addressing the effect of
a felony conviction on
the licensure of a law
enforcement officer.


(RQ-208). Request
from Larry E. Kosta,
Executive Director, Department
of Licensing and Regulation,
Austin, concerning whether, under
the Texas Boxing and
Wrestling Act, a special
pay per view fee paid
by a subscriber to a
cable television company for
the opportunity to view
a simultaneous telecast boxing
match is an "admission
fee".


(RQ-209). Request
from James Glenn "Ken"
Murray, Chairman, Advisory Board
of Athletic Directors, Austin,
concerning whether an athletic
trainer working in a
physical therapy clinic may
be required to follow
rules relating to physical
therapy aids; and whether
physical therapist may perform
services within the definition
of "athletic trainer".


(RQ-210). Request
from Jeannene Fox, Acting
Administrator, Alcoholic Beverage
Commission, Austin, concerning
whether the interest rate
on delinquent tax payments
determined pursuant to 
sec.32(b) of the Bingo Enabling
Act, Texas Civil Statutes,
Article 179d, is 10%
a year or 12% a
year compounded monthly, and
related questions.


(RQ-211). Request
from Burton F. Raiford,
Interim Commissioner, Department
of Human Services, Austin,
concerning whether a nursing
home that submits the
name of a job applicant
for a criminal record
check pursuant to the
Human Resources Code, sec.106.004(d),
must deny the applicant
employment based on past
criminal convictions.


(RQ-212). Request
from Sam W. Russell,
Chairman, House Committee Jurisprudence,
Austin, concerning whether a
county sheriff may run
for office pending final
disposition of a criminal
case for which he has
been indicted.


(RQ-213). Request
from Rita Horwitz, Executive
Director, State Pension Review
Board, Austin, concerning question
concerning where the board
of trustees of the Austin
Employees Retirement System should
post notice of its meetings.


(RQ-214). Request
from Eddie Cavazos, Chairman,
Insurance Committee, Texas House
of Representatives, Austin, concerning
whether the additional money
generated from the increase
in the motor vehicle
registration fee authorized by
Texas Civil Statutes, Article
6702-1, sec.4.202(a), as amended
by House Bill 2 of
the 72nd Legislature, must
be distributed to the
Cameron County tax assessor-collector
or to the Cameron County
general fund.


(RQ-215). Request
from Robert H. Norris,
Executive Director, Board of
Architectural Examiners, Austin,
concerning whether justice courts
have jurisdiction to try
misdemeanor offenses under Article
249a, sec.14, which are
punishable by a fine
of $250 to $1,000.


(RQ-216). Request
from Charles E. Nemir,
P.E., Executive Director, State
Board of Registration for
Professional Engineers, Austin,
concerning scope of exception
in Texas Civil Statutes,
Article 3721a, sec.13B(c), from
a $200 increase in fees
authorized by subsection (A)
of that section.


(RQ-217). Request
from Genevieve Stubbs, First
Assistant General Counsel, Texas
A&M University System, College
Station, concerning whether federal
regulations 42 Code of
Federal Regulations, sec.50.103(d)(2)
and (3), requiring certain
institutions to maintain the
confidentiality of information
developed in investigations of
scientific misconduct in research
supported by Public Health
Service funds "to the
maximum extent possible," make
such information exempt from
public disclosure under the
Open Records Act, sec.3(a)(1).


(RQ-218). Request
from David P. Zavoda,
District Attorney, Monahans, concerning
open records question relating
to the custodianship of
certain Texas Department of
Public Safety investigation reports.


(RQ-219). Request
from Jeannene Fox, Acting
Commissioner, Alcoholic Beverage
Commission, Austin, concerning
collection of fees for
instant bingo.


(RQ-220). Request
from James L. Pledger,
Commissioner, Texas Savings and
Loan Department, Austin, concerning
whether governmental entities may
lawfully deposit funds in
the demand accounts of
state and federal savings
and loan associations and
savings banks.


(RQ-221). Request
from Elaine Piper, Assistant
City Attorney, City of
El Paso, El Paso, concerning
police report on family
violence complaints.


(RQ-222). Request
from Eddie Cavazos, Chairman,
Budget and Oversight Committee,
Austin, concerning whether the
Corpus Christi Municipal Court
has jurisdiction of the
criminal offenses of theft
or theft of service,
Code of Criminal Procedure,
sec.31.03 and sec.31.04, respectively,
when either crime is
accomplished by issuance of
a bad check.


(RQ-223). Request
from Temple Dickson, Chairman,
Economic Development Committee,
Texas State Senate, Austin,
concerning whether a non-profit
corporation exercising authority
delegated from an entity
subject to the Open Meetings
Act is subject to the
Open Meetings Act.


(RQ-224). Request
from Robert A. MacLean,
M.D., Acting Commissioner, Texas
Department of Health, Austin,
concerning whether a chiropractor
may perform mammography.


(RQ-225). Request
from Bill Sims, Chairman,
Committee on Natural Resources,
Texas State Senate, Austin,
concerning whether the Commissioner
of Education has the
authority to create a
new county education district
or reassign a school
district to a new county
education district.


(RQ-226). Request
from Georgia Flint, Acting
Commissioner, Texas Department
of Insurance, Austin, concerning
whether the Insurance Code,
Article 1.06D, provides that
a person "represents" a
client before the State
Board of Insurance only
when the person appears
the board when it meets
as a body in a
formal session or if
"representation" includes other
contracts with the board
and Texas Department of
Insurance staff, whether certain
activities trigger the registration
requirements of the provision,
and whether any of the
exceptions to registration set
forth in Chapter 305
of the Government Code
apply to those requirements.


(RQ-227). Request
from James F. Hury, Jr.,
Chairman, Ways and Means
Committee, Texas House of
Representatives, Austin, concerning
authority of a commissioners
court to designate an
agent to invest in county
funds.

TRD-9114829