ATTORNEY GENERAL
 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 may be 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
LO94-87 (ID#-28291).
Request from Nancy Braswell, Smith County Auditor, 100 North Broadway, Room 107, 
Tyler, Texas 75702, concerning whether purchases by Smith County of culverts and 
road sign components would run afoul of the prohibitions on separating purchases 
in order to avoid competitive bidding requirements.
Summary of Opinion.
Determining whether purchases by Smith County of culverts and road sign 
components would fall within the prohibitions in Texas Civil Statutes, Article 
6702-1, sec.3.211, or sec.262.023 of the County Purchasing Act, on the 
separation of purchases to avoid the competitive bidding requirements would 
involve questions of fact which cannot be resolved in an attorney general 
opinion.
TRD-9500389
LO94-88 (RQ-733).
Request from Honorable Eugene D. Taylor, Williamson County Attorney, 405 Martin 
Luther King, Box 3, Georgetown, Texas 78626, concerning whether a county may 
levy a special tax pursuant to the Human Resources Code, sec.62.001 for the 
operation of a juvenile detention facility within the county and related 
question.
Summary of Opinion.
The Human Resources Code, sec.62.001(c) authorizes a county to levy a special 
tax to establish and maintain a detention home or parental school for the 
juveniles of the county pursuant to sec.62.001(a) or to levy such a tax to pay 
another county for the proper care and training of its juveniles pursuant to 
sec.62.001(b). Of course, the county may not levy a special tax in either case 
without holding an election on the question in accordance with sec.62.001(c) and 
(d). A county may expend the revenues it generates from a special tax it has 
levied under subsection (c) to fund a contract with a private facility operator 
for the detention of children within the county.
TRD-9500390
LO94-89 (RQ-627).
Request from Jack W. Garison, Executive Director, Texas Department of Licensing 
and Regulation, P.O. Box 12157, Austin, Texas 78711, concerning whether Texas 
Civil Statutes, Article 5221f, sec.18(a) or sec.17.42(a) of the Business and 
Commerce Code prohibits a consumer and retailer of a manufactured home from 
executing an agreement selecting binding arbitration in lieu of the courts as 
the forum for the resolution of all claims relating to the purchase and 
occupancy of the manufactured home and related question.
Summary of Opinion.
This office is unable to predict whether a court would conclude that an 
agreement between the retailer of a manufactured home and the purchaser 
selecting binding arbitration in lieu of the courts as the forum for resolution 
of all claims relating to the purchase and occupancy of the manufactured home 
violates Texas Civil Statutes, Article 5221f, sec.18(a) or sec.17.42(a) of the 
Business and Commerce Code. Additionally, we cannot predict whether a court 
might find that such an arbitration agreement is enforceable under the Federal 
Arbitration Act, 9 United States Code, Chapter 1.
TRD-9500391
LO94-90 (ID#-26338).
Request from Honorable Rayford A. Ratliff, Moore County Attorney, 715 Dumas 
Avenue, Courthouse, Room 208, Dumas, Texas 79029, concerning whether Moore 
County Development, Inc., is subject to the Open Meetings Act, Government Code, 
Chapter 551.
Summary of Opinion.
The Moore County Development, Inc., a nonprofit corporation that uses federal 
grant funds to carry out the purposes of Title IX of the Public Works and 
Economic Development Act of 1965, is not subject to the Open Meetings Act.
TRD-9500392
LO94-91 (ID#-27566).
Request from Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, 
Suite 634, Houston, Texas 77002-1891, concerning whether the Harris County 
Commissioners Court may place a nonbinding referendum on the ballot concerning 
the age of criminal responsibility.
Summary of Opinion.
Absent specific statutory authority permitting it to do so, the Harris County 
Commissioners Court may not place a non-binding referendum concerning the age of 
criminal responsibility on the ballot.
TRD-9500393
LO94-92 (ID#-27736).
Request from Honorable Tim Cone, Criminal District Attorney, Upshur County 
Justice Center, 405 North Titus Street, Gilmer, Texas 75644, concerning whether 
an early voting mail ballot may be sent to an address inside the county in 
response to a voter's application for such ballot on grounds of absence from the 
county.
Summary of Opinion.
A mail ballot must be mailed to the voter at an address outside the county where 
the application for the ballot has been made on grounds of absence from the 
county.
TRD-9500394
LO94-93 (ID#-27765).
Request from William L. Cunningham, Chair, Board of Regents, Texas State 
University System, 333 Guadalupe, Tower III, Suite 810, Austin, Texas 78701-
3942, concerning whether the Teacher Retirement System of Texas must credit a 
Southwest Texas State University faculty member for a mid-year salary increase.
Summary of Opinion.
Three percent salary increase awarded five months after a contract has been 
completed and performed in whole is clearly retroactive and in violation of 
section 44 of Article III of the Texas Constitution. The Government Code, 
sec.822.201 permits the Teacher Retirement System of Texas to exclude the 
compensation attributable to such an increase from a member's salary and wages 
when computing benefits.
TRD-9500395
LO94-94 (ID#-25540).
Request from Honorable Allen Hightower, Chair, Committee on Corrections, Texas 
House of Representatives, P.O. Box 2910,
Austin, Texas 78768-2910, concerning
interpretation of the Civil
Practice and Remedies Code,
sec.sec.75.001-75.003, which limit
the liability of landowners,
lessees, or occupants of
real property who permit
recreational use of their
land.
Summary of Opinion.
The Civil Practice and Remedies Code's, sec.75.002, reference to an "owner, 
lessee, or occupant" of real property includes within it all legal entities with 
a present possessory interest in real property. The limitation of liability in 
this chapter does not apply to intentional torts, gross negligence, or bad faith 
Further, the chapter applies only to owners, lessees, or occupants who either do 
not charge for entry on the land, or whose total charges do not exceed twice the 
total amount of ad valorem taxes imposed on the premises for the previous 
calendar year. Nothing in the chapter would forbid a landowner, as a contractual 
matter, from requiring his lessee to acquire recreational liability insurance 
naming the owner as an additional insured.
TRD-9500396
LO94-95 (ID#-29575).
Request from Honorable John Whitmire, Chair, Criminal Justice Committee, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the 
activity known as "horse tripping" is prohibited by the Penal Code,  sec.42.09.
Summary of Opinion.
Finding that a person has intentionally engaged in the activity known as "horse 
tripping" is sufficient to support a conviction for "torturing an animal" under 
the Penal Code, sec.42.09(a)(1).
TRD-9500397
LO94-96 (ID#-28648).
Request from Jack W. Garison, Executive Director, Texas Department of Licensing 
and Regulation, P.O. Box 12157, Austin, Texas 78711, concerning whether the 
Health and Safety Code, sec.754.014 authorizes the Texas Department of Licensing 
and Regulation to adopt standards regulating an elevator that only employees or 
service contractors use and related questions.
Summary of Opinion.
The Health and Safety
Code, sec.754.014(a)(2), which requires the commissioner of licensing and 
regulation to adopt standards for the installation, alteration, and operation of 
elevators, escalators, and related equipment, pertains to all elevators, 
escalators, and related equipment designed to carry any and all individuals in 
any building other than a private home.
TRD-9500398
LO94-97 (ID#-24416).
Request from Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, 
Suite 634, Houston, Texas 77002-1891, concerning assessment of fees for filing 
an involuntary health commitment.
Summary of Opinion.
The Local Government Code, sec.118.052(b) provides that in certain circumstances 
the county clerk may collect a fee of $40 for mental health services. However, 
the clerk is not authorized to collect a fee upon the filing of an application 
for an involuntary mental health commitment case. In the event that collection 
is made pursuant to the Local Government Code, sec.118.052, Article V, sec.20 of 
the Texas Constitution prohibits such collection on the basis of a sliding 
scale.
TRD-9500399

Opinions
DM-310 (RQ-555).
Request from Doyne Bailey, Administrator, Texas Alcoholic Beverage Commission, 
P.O. Box 13127, Austin, Texas 78711-3127, concerning whether the Texas Alcoholic 
Beverage Code, sec.5.05(a) prohibits a member of the Texas Alcoholic Beverage 
Commission from investing money through an investment advisory firm, which, 
using an unrelated broker, may invest the money in corporations that engage in 
the sale of alcoholic beverages.
Summary of Opinion.
The Texas Alcoholic Beverage Code, sec.5.05(a) prohibits a member of the Texas 
Alcoholic Beverage Commission from investing money in any corporation that 
engages in the sale of alcoholic beverages, even if the member makes the 
investment through an investment advisory firm. Additionally, sec.5.05(a) 
prohibits a member of the Texas Alcoholic Beverage Commission from investing in 
a corporation whose sole contact with the alcoholic beverage business is through 
a subsidiary or for which the sale of alcoholic beverages is purely incidental 
to the corporation's primary business.
TRD-9500386
DM-311 (RQ-690).
Request from Lionel R. Meno, Commissioner of Education, Texas Education Agency, 
1701 North Congress Avenue, Austin, Texas 78701-1494, concerning whether the 
offices of county commissioner and public school district trustee are 
incompatible.
Summary of Opinion.
The offices of county commissioner and public school district trustee are 
incompatible. Attorney General Opinions V-63 (1947) and C-43 (1963) and Letter 
Opinion Number 92-10 (1992) are overruled to the extent they are inconsistent 
with this opinion.
TRD-9500387
DM-312 (RQ-693).
Request from Honorable Bill Ratliff, Chair, Education Committee, Texas State 
Senate, P.O. Box 12068, Austin, Texas 7871O, concerning whether a homestead 
exemption under the Tax Code, sec.11.13(n) may be adopted by public election 
pursuant to voter petition in the taxing unit.
Summary of Opinion.
There is no provision for the adoption of homestead exemptions under Tax Code, 
sec.11.13(n), by public election in a taxing unit. Said exemptions are adopted 
by action of the taxing unit's governing body.
TRD-9500388

Requests for Opinions
RQ-764. Request from Todd K. Brown, Executive Director, Texas Workers' 
Compensation Commission, 4000 South IH-35, Austin, Texas 78704-7491, concerning 
effect of Family Code, sec.14.52, which bars delinquent child support obligors 
from receiving state grants or loans or bidding on state contracts.
RQ-765. Request from Honorable Mike Driscoll, Harris County Attorney, 1001 
Preston, Suite 624, Houston, Texas 77002-1891, concerning disposition of cases 
involving a 17-year old who is charged with committing a Class C misdemeanor.
RQ-766. Request from Larry A. Farrow, Executive Director, Texas Funeral Services 
Commission, 8100 Cameron Road, Suite 550, Austin, Texas 78754-3896, concerning 
whether a "complaint review committee" created by the Texas Funeral Services 
Commission is a "governmental body" for purposes of the Open Meetings Act, 
Government Code, sec.sec.551.001, et seq.
RQ-767. Request from Honorable Fred Hill, Chair, Committee on Urban Affairs,
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning applicability of Article XVI, sec.1, Texas Constitution, which 
prescribes the form of official oaths, to employees of police departments of a 
home rule city.
RQ-768. Request from Leonard W. Peck, Jr., Assistant General Counsel, Legal 
Affairs Division, Texas Department of Criminal Justice, P.O. Box 99, Huntsville, 
Texas 77342-0099, concerning availability under the Open Records Act and Article 
42.18, sec.18 of the Code of Criminal Procedure of the identity of parolees who 
are on annual-report status in Harris County.
RQ-769. Request from William H. Cunningham, Chair, Board of Regents, The 
University of Texas System, 201 West Seventh Street, Austin, Texas 78701-2981, 
Attention: W. O. Shultz II, General Attorney and Associate General Counsel, 
concerning whether the board of regents of a state university may waive certain 
fees for particular students or groups of students, and related questions.
TRD-9500385