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.









Opinion





DM-163 (RQ-282).
Request from Jesusa Sanchez-Vera,
Jim Wells County Attorney,
Alice, concerning whether the
executive director of a
municipal housing authority is
subject to the nepotism
statute, Texas Civil Statutes,
Article 5996a.


Summary of Opinion.
Because an executive director
has no statutory authority
to hire personnel, he
or she is not subject
to the nepotism statute,
Texas Civil Statutes, Article
5996a.


TRD-9213746