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. Letter Opinions LO-92-52 (ID-15849). Request from Riley J. Simpson, President, Board of Trustees of the Central Texas College District, Killeen, concerning application of the nepotism law to a contract for insurance coverage between the Central Texas College District and a corporation where a member of the board of trustees serves as an officer and director. Summary of Opinion. Texas Civil Statutes, Article 5996a, the nepotism law, prevents a governmental body from employing a natural person who is related to a member of the governmental body within a certain degree. If a member of the board of trustees of a junior college district is an officer and director of a corporation that employs numerous persons in various capacities, the nepotism law does not prevent a governmental body from contracting for insurance with that corporation. The Local Government Code, Chapter 171, which regulates conflict of interest of local public officials, applies to members of the board of trustees of a junior college. TRD-9214036 LO-92-53 (ID-16301). Request from Al Granoff, Chairman, State, Federal and International Relations Committee, Austin, concerning the constitutionality of Dallas Police Department's compensation of members for time spent on "standby" or "on-call" status. Summary of Opinion. A police department may adopt a policy of providing compensation for time spent on standby or on call status without violating the portion of the Texas Constitution, Article III, sec.53, relating to grants of extra compensation after services have been rendered, so long as the change does not increase compensation for services performed prior to the date of the change. TRD-9214037 LO-92-54 (ID-16344). Request from Helen L. Campbell, Commissioner, Office of Fire Fighters' Pension Commissioner, Austin, concerning whether members of the Huntsville Volunteer Fire Department are excepted from coverage under the Fair Labor Standards Act, Title 29 of the United States Code, sec.203(e)(4)(A) and related questions. Summary of Opinion. Members of the Huntsville Volunteer Fire Department are excepted from coverage under the Fair Labor Standards Act of Title 29 of the United States Code, sec.203(e)(4)(A). We cannot say as a matter of law whether the department fully complies with Texas Civil Statutes, Article 6243e.3, since it is unclear what portion of the "$10 per fire" remuneration is attributable to reimbursement for expenses, and what portion can properly be deemed a "nominal fee." TRD-9214038 LO-92-55 (RQ-42). Request from Robert T. Jarvis, Grayson County Attorney, Grayson County Justice Center, Sherman and Michael J. Guarino, Criminal District Attorney, Galveston County, Galveston, concerning disposition of fees for services performed by peace officers in misdemeanor cases. Summary of Opinion. Under the Code of Criminal Procedure, Article 102.011, the fee paid for the services of a peace officer who executes an arrest warrant or capias are to be paid to the agency that employs the officer who performed the service provided the executing agency submits a claim for the fee to the court hearing the case within 15 days of the date the warrant or capias is executed. Municipalities are entitled to the fee for a warrant or capias executed by a municipal police officer. Either the officer or his employing agency must submit a bill for his services to the court having jurisdiction of the case. TRD-9214039 LO-92-56 (ID-17138). Request from Ken Oden, Travis County Attorney, Austin, concerning the applicability of Attorney General Opinion JM-1069 (1989) to Type A general-law municipalities. Summary of Opinion. Attorney General Opinion JM-1069 (1989), which stated that a municipality was not statutorily required, but could, if it attempted to establish a comprehensive zoning plan, be mandamused to establish a board of adjustment, and which concluded that neither the governing body of the municipality nor any of its members could serve as or on such board of adjustment, applies to Type A general-law municipalities as well. TRD-9214040 LO-92-57 (ID-16994). Request from Betty Denton, Chair, Committee on Judiciary, Texas House of Representatives, Austin, concerning the minimum age at which an individual may be tattooed in this state. Summary of Opinion. Under the provisions of the Health and Safety Code, Chapter 161, as modified by the Civil Practice and Remedies Code, sec.129. 002, the minimum age for obtaining a tattoo in Texas is 18 years. TRD-9214041 LO-92-61 (ID-16744). Request from Garfield W. Thompson, Texas House of Representatives, Austin, concerning whether a political subdivision may prevent sureties licensed under the Insurance Code from making construction bonds under Texas Civil Statutes, Article 5160, unless such sureties are listed on the United States Department of Treasury list of approved sureties. Summary of Opinion. Governmental entities may not, unless specifically so authorized by statute, impose additional financial criteria beyond those permitted by the Insurance Code, Article 7.19-1 and Texas Civil Statutes, Article 5160, on authorized sureties issuing payment and performance bonds on public works or construction contracts. TRD-9214042 Open Records Decision ORD-608 (RQ-414). Request from Georgia D. Flint, Commissioner, Texas Department of Insurance, Austin, concerning whether the Texas Insurance Code, Article 1.10D, renders information acquired by the Insurance Fraud Unit of the Department of Insurance confidential under the Texas Open Records Act. Summary of Decisions. Materials and information acquired by the Department of Insurance which are relevant to an inquiry by the Insurance Fraud Unit, and which the commissioner of insurance determines must remain confidential for any of the statutory reasons listed in the Insurance Code, Article 1.10D, sec.5(a), are excepted from public disclosure under the Open Records Act, sec.3(a)(1), as "information deemed confidential by law." TRD-9214043 Opinions DM-168 (RQ-369). Request from John H. Hannah, Jr., Secretary of State, State of Texas, Austin, concerning when the names of persons voting early by personal appearance become public information. Summary of Opinion. The names of persons voting by personal appearance during the early voting period for an election are open to the public and their release is not subject to the provision of the Election Code, sec.61.007 that the names of persons voting may not be revealed until after the polls close on election day. TRD-9214044 DM-169 (RQ-402). Request from Eddie Cavazos, Chairman, Committee on Insurance, Texas House of Representatives, Austin, concerning the applicability of the Water Safety Act to waterways in private subdivisions and related questions. Summary of Opinion. Waterways created in connection with the construction of private subdivisions which have as their only source of water the public waters of the Gulf of Mexico and which are subject to the ebb and flow of the tides thereof are public waters subject to state laws providing for the regulation of fishing and boating. TRD-9214045 DM-170 (RQ-396). Request from Clinton M. DeWolfe, O.D., Chairman, Texas Optometry Board, Austin, concerning the construction of the Texas Optometry Act, Texas Civil Statutes, Article 4552-5.11, and related questions. Summary of Opinion. Any person with an ownership interest in a business selling ophthalmic goods is a "retailer of ophthalmic goods" for purposes of the Texas Optometry Act, Texas Civil Statutes, Article 4552-5.11. An optometrist who is also a retailer of ophthalmic goods and who has offices at fewer than four locations is excepted from the restrictions listed in Article 4552-5.11. Such an optometrist who has offices at four or more locations is subject to the restrictions established in Article 4552-5.11(a) and (b) as to all of his or her offices. TRD-9214046 DM-171 (RQ-311). Request from Robert Eckels, Chairman, Committee on County Affairs, Texas House of Representatives, Austin, concerning whether the board of directors of a county education district is authorized to adopt the discount for early payment of property taxes provided by the Tax Code, sec.31.05, on taxes owed to the district, and related questions. Summary of Opinion. Under the Tax Code, sec.31.05(a), the board of trustees of a county education district may adopt the discounts provided for the timely payment of taxes under subsections (b) and (c) of that section only if all of the taxing units that collect the county education district's taxes have adopted the discounts. The board of trustees of an independent school district that is a component of a county education district and collects its own taxes as well as the county education district's taxes may adopt the discounts. TRD-9214047 DM-172 (RQ-80). Request from Dwight P. McDaniel, Sabine County Attorney, Hemphill, concerning whether a petition calling for a county election to adopt the optional county road system that contains provisions not authorized under Texas Civil Statutes, Article 6702-1, Chapter 3, Subchapter C, invalidates the petition. Summary of Opinion. Texas Civil Statutes, Article 6702-1, Chapter 3, Subchapter C, also known as the optional county road system, provides a scheme for administration of county roads which may be adopted pursuant to a county election in conformance with Subchapter C. However, an election may be held only in conformance with the statutory authorization for the election. Moreover, the statutory methods provided for road administration may not be altered by county election. Therefore, a petition calling for a county election under Subchapter C but which materially alters the scheme of Subchapter C is invalid and need not be presented to the voters. TRD-9214048 DM-173 (RQ-87). Request from Mary Sapp, Executive Director, Texas Department on Aging, Austin, concerning whether the Human Resources Code, sec.101.063, provides immunity to volunteer ombudsmen in the Texas Department of Aging long- term care ombudsman program. Summary of Opinion. The Human Resources Code, sec.101.063, which provides that an ombudsman is not liable for civil damages or subject to criminal prosecution for good faith acts performed in the course of his official duties, applies to volunteer ombudsmen and citizens' organizations that participate in the long-term care ombudsman program. TRD-9214049 Requests for Opinions (RQ-438). Request from Ernestine Glossbrenner, Chair, Committee on Public Education, Texas House of Representatives, Austin, concerning the authority of the board of trustees of the Employees Retirement System with regard to group health insurance for public school employees. (RQ-439). Referenced as ID# 11473. Was formally RQ-421. Will be issued as an ORD. (RQ-440). Request from William Grossenbacher, Administrator, Texas Employment Commission, Austin, concerning whether the Texas Employment Commission may transfer to the wage claimant the lien for unpaid wages that attaches to the employer's property under Texas Civil Statutes, Article 5155. (RQ-441). Request from Chet Brooks, Chairman, Committee on Health and Human Services, Texas Senate, Austin, concerning the authority of a municipality to sponsor a non- profit social services organization. TRD-9214035