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.



Request for Opinions


(RQ-285). Request
from George Pierce, Chairman,
Committee on Urban Affairs,
Texas House of Representatives,
Austin, concerning whether persons
in Texas may legally
make telephone calls to
bookmakers in Mexico for
the purpose of wagering.


(RQ-286). Request
from Barry H. Macha,
Criminal District Attorney, Wichita
County, Wichita Falls, concerning
the scope of the authority
of a Commissioners' Court
over county budgets and
agenda.


(RQ-287). Request
from Gonzalo Barrientos, Chairman,
Committee on Nominations, Texas
State Senate, Austin, concerning
whether a home rule city
may, consistent with Article
III, sec.53 of the
Constitution, create a "sick
leave pool" of sick leave
contributed by employees for
use by employees who
have exhausted their sick
leave.


(RQ-288). Request
from Dan Roberts, Chairman,
Texas Department on Aging,
Austin, concerning the validity
of a rider to the
current appropriation to the
Texas Department on Aging
which requires the Texas
Department on Aging, under
certain circumstances, to use
the service standards, systems,
billing, audit procedures and
provider bases used by
the Department of Human
Services.


(RQ-289). Request
from Benny M. Mathis,
Jr., Executive Director, Structural
Pest Control Board, Austin,
concerning whether the Texas
Structural Pest Control Act,
Texas Civil Statutes, Article
135b-6, authorizes the imposition
of initial licensing fees
on certified noncommercial applicators.


(RQ-290). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether a deputy constable
may serve as an assistant
fire chief with a municipal
fire department.


(RQ-291). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether the Harris County
Attorney is authorized to
represent a Harris County
Hospital District employee accused
of criminal acts committed
within the scope of his
employment, and whether the
Hospital District is authorized
either to hire an attorney
to represent such an
employee or to reimburse
the legal expenses of
such an employee following
acquittal.


(RQ-292). Request
from Frank Tejeda, Chairman,
Subcommittee on Urban Affairs,
Texas State Senate, Austin,
concerning whether a home-rule
city may require fees
and permits of a metropolitan
transit authority for certain
operations within its city
limits.


(RQ-293). Request
from Dan M. Boulware,
District Attorney, 18th Judicial
District, Johnson County Courthouse,
Cleburne, concerning whether the
citizenship requirement of 37
TAC sec.211.80(a)(1) for licensing
Texas peace officers violates
Article 1, sec.3(a) or
Article 2, sec.1 of
the Texas Constitution.


(RQ-294) Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether Harris County may
regulate the building of
structures over waterways over
which the Port of Houston
Authority exercises regulatory
authority in particular circumstances.


(RQ-295). Request
from James L. Anderson,
Aransas County Attorney, Rockport,
concerning whether a concrete
material company owned by
a serving county commissioner
may provide services and
materials to the county
or to another contractor
currently under contract for
services with the county.


(RQ-296). Request
from Alvin Roy Granoff,
Chairman, Committee on State,
Federal and International Relations,
Texas House of Representatives,
Austin, concerning whether a
hearing examiner may be
named a party defendant
or subpoenaed to testify
in an appeal of a
civil service award under
the Local Government Code,
sec.143.057(j).


(RQ-297). Request
from Fred Toler, Executive
Director, Texas Commission on
Law Enforcement Officer Standards
and Education concerning questions
regarding the application of
course requirements and in-service
requirements under the Government
Code, sec.415.0345 and 
sec.415.034 to certain constables
and other peace officers.


(RQ-298). Request
from August Boto, Cooke
County Attorney, Cooke County
Courthouse, Gainesville, concerning
whether the Texas Open
Records Act, sec.3(a)(3) and
sec.3(a)(8) except from public
disclosure the state's prosecutorial
file in a case in
which the defendant was
placed on deferred adjudication.


(RQ-299). Request
from George J. Filley,
III, Criminal District Attorney,
Victoria, concerning whether Victoria
County may fund the office
of Election Administrator by
contracting with political subdivisions
that will utilize that
office's services, pursuant to
the Interlocal Cooperation Act.


(RQ-300). Request
Bill G. Carter, Chairman,
Public Safety Committee, Texas
House of Representatives, Austin,
concerning whether the Tax
Code, sec.154. 101(h) and
sec.155.041(h), establishing the
Tax Code as the exclusive
authority for the issuance
of permits for engaging
in business as a retailer
of cigarettes, preempt provisions
of a city ordinance licensing
tobacco product retailers.


(RQ-301). Request
from Rene Guerra, Criminal
District Attorney, Hidalgo County
Courthouse, Edinburg, concerning
whether a hospital authority
may pay physicians a
flat fee or per diem
to be on call to
admit emergency room patients
to the hospital without
violating the Health and
Safety Code, sec.161. 091
which prohibits remuneration for
securing or soliciting patients.


(RQ-302). Request
from Mike Driscoll, Harris
County Attorney, Houston, concerning
whether Harris County and
Harris County Flood Control
District have the right
to use right-of-way acquired
by the other entity.


(RQ-303). Request
from Ron Wilson, Chairman,
Committee on Liquor Regulation,
Texas House of Representatives,
Austin, concerning the use
of funds transferred to
a municipality by a metropolitan
rapid transit authority pursuant
to Texas Civil Statutes,
Article 118x, sec.6(t)-(v).


(RQ-304). Request
from Homer R. Goehrs,
M.D., F.A.C.P., Executive Director,
Texas State Board of
Medical Examiners, Austin, concerning
the use of certain pharmaceutical
agents by optometrists.


(RQ-305). Request
from Robert Eckels, Chairman,
Committee on County Affairs,
Texas House of Representatives,
Austin, concerning whether the
Insurance Code, Article 21.48A,
sec.2(e) authorizes an insurance
agent to collect a substitution
fee from a lender if
the lender sells the
mortgage in the secondary
mortgage market and requests
an endorsement reflecting the
change in the identity
of the mortgage holder
from the agent.


(RQ-306). Request
from John Hannah, Jr.,
Secretary of State, Austin,
concerning whether a health
spa in operation before
September 1, 1989, is
subject to a lower security
deposit than one opened
after that date, and
related questions.


(RQ-307). Request
from John Vance, Dallas
County District Attorney, Dallas,
concerning whether the minimum
annual salary of statutory
county court judges established
by the Government Code,
sec.25.005, includes FICA contributions.

TRD-9204164