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. To request copies of 
opinions, phone (512) 462-0011. To inquire about pending requests for opinions, 
phone (512) 463-2110.
Open Records Decision
ORD-631 (RQ-589).
Request from Robert Giddings, The University of Texas System, Office of General 
Counsel, 201 West Seventh Street, Austin, Texas 78701-2981, concerning whether a 
consultant's report concerning a university's overall faculty hiring and 
retention policies is excepted from required public disclosure by the Government 
Code, sec.552.111 (formerly Texas Civil Statutes, Article 6252-17a, 
sec.3(a)(11)).
Summary of Decision.
 The Government Code, sec.552.111 may apply to information created for a 
governmental body by an outside consultant when the outside consultant is acting 
at the request of the governmental body and performing a task within the 
authority of the governmental body. Information created by an outside consultant 
for a governmental body may constitute an intra-agency memorandum that may be 
withheld under sec.552.111. Under sec.552.111, a governmental body may withhold 
information that relates to the policymaking functions of the governmental body. 
This information includes advice, recommendations, and opinions regarding 
administrative and personnel matters of broad scope that affect the governmental 
body's policy mission.
TRD-9501597

Opinions
DM-313 (RQ-606).
Request from Honorable John T. Montford, Chair, Finance Committee, Texas State 
Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether a county is 
required to accept warrantless arrestees from a municipal police department, and 
related questions.
Summary of Opinion.
If a city police officer arrests a person for violating a state statute and a 
magistrate issues a commitment order for the prisoner, the county is required to 
incarcerate the prisoner. A municipal court judge is a proper magistrate to 
issue such an order if he holds office in the proper county for venue purposes. 
Should the sheriff refuse to take custody of the prisoner, the county is 
responsible for the prisoner's maintenance.
TRD-9501598

DM-314 (RQ-663).
Request from Rebecca Lightsey, Interim Commissioner of Insurance, Texas 
Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, concerning 
whether the Department of Insurance may, pursuant to Insurance Code, Article 
3.50-6A, license noninsurance entities that offer viatical settlement 
agreements, and related questions.
Summary of Opinion.
Article 3.50-6A of the Insurance Code is null and void because it violates the 
separation of powers required by sec.1 of Article II of the Texas Constitution 
in that it provides neither standards nor a discernible objective in its 
delegation of regulatory authority to the Department of Insurance.
TRD-9501599

DM-315 (RQ-718).
Request from Honorable W. Keith Oakley, Chair, Committee on Public Safety, Texas 
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning 
interpretation of sec.80.001 of the Human Resources Code, which concerns the 
duty of local law enforcement officials to perform fingerprinting services.
Summary of Opinion.
 Human Resources Code, sec.80.001 obliges state and local law enforcement 
agencies to provide free fingerprinting services to the public upon request and 
without additional conditions.
TRD-9501600

DM-316 (RQ-714).
Request from Honorable Garry Mauro, Commissioner, General Land Office, 1700 
North Congress Avenue, Austin, Texas 78701-1495, concerning whether the state 
may enter into contracts to pay consideration for information about property 
recoverable by the permanent school fund under sec.403.0195 of the Government 
Code.
Summary of Opinion.
The state may not enter into contracts under sec.403.0195 of the Government Code 
to pay consideration for information about property recoverable by the permanent 
school fund.
TRD-9501601

DM-317 (RQ-712).
Request from Honorable Gerald Alan Joy, Potter County Auditor, 601 South Taylor, 
Amarillo, Texas 79101, concerning whether a county may pay travel expenses of an 
applicant for the position of county forensic pathologist.
Summary of Opinion.
Article III, sec.52 of the Texas Constitution requires that expenditures by a 
county be for a public purpose. The determination that such purpose is being 
served by an expenditure of public funds or an extension of credit rests with 
the governmental entity's discretion, subject to judicial review. In some cases, 
Article III, sec.52 may not preclude a county from paying the travel expenses of 
an applicant for the position of county forensic pathologist. Attorney General 
Opinion M-223 (1968) is overruled to the extent that it conflicts with this 
decision.
TRD-9501602

DM-318 (RQ-719).
Request from Honorable Lynn Ellison, District Attorney, Atascosa County 
Courthouse, Circle Drive, Number 5A, Jourdanton, Texas 78026, concerning whether 
Articles 2.12 and 2.13, Code of Criminal Procedure, authorize peace officers to 
enforce city ordinances.
Summary of Opinion.
Code of Criminal Procedure, Articles 2.12 and 2.13 do not in themselves 
authorize peace officers to enforce city ordinances.
TRD-9501603

DM-319 (RQ-669).
Request from Honorable O. H. "Ike" Harris, Chair, Committee on State Affairs, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the 
Local Government Code, sec.395.011(c) authorizes a municipality to contract to 
provide capital improvements to an area outside its corporate boundaries and 
extraterritorial jurisdiction if the area lies within the boundaries of another 
municipality and related questions.
Summary of Opinion.
The Local Government Code, sec.395.011(c) authorizes a municipality to contract 
with another municipality to provide capital improvements to an area inside the 
corporate boundaries of the second municipality. Section 395.011(c) authorizes 
the municipality that wishes to provide the capital improvements to charge an 
impact fee within the corporate boundaries of the municipality that wishes to 
receive the capital improvements if the municipalities have contracted 
accordingly and the providing municipality complies with chapter 395 of the 
Local Government Code. Section 395.011(c), in conjunction with the definition of 
"capital improvements plan" in sec.395.001(2), authorizes a municipality that 
contracts to provide capital improvements to an area outside its corporate 
boundaries and extraterritorial jurisdiction to include the area in the 
municipality's capital improvements plan.
TRD-9501604

Requests for Opinions
(RQ-770). Request from Todd K. Brown, Executive Director, Texas Workers' 
Compensation Commission, 4000 South IH-35, Austin, Texas 78704-7491, concerning 
purchase of liability insurance for state officers and employees.
(RQ-771). Request
from Sandra C. Joseph, Open Records Counsel/Disclosure Officer, Comptroller of 
Public Accounts, LBJ State Office Building, Austin, Texas 78774, concerning 
construction of sec.154.073 of the Civil Practices and Remedies Code.
(RQ-772). Request from Ann Diamond, Assistant District Attorney, Office of the 
Tarrant County Criminal District Attorney, Justice Center, 401 West Belknap, 
Fort Worth, Texas 76196-0201, concerning whether sec.51.14 of the Family Code 
authorizes disclosure to a juvenile's attorney of records concerning the 
juvenile and the injuries he received while detained at the juvenile detention 
center.
(RQ-773). Request from Honorable Debra Danburg, Chair, Committee on Elections, 
Texas House of Representatives, Capitol Extension, E2.144, Austin, Texas 78768, 
concerning applicability of Texas Civil Statutes, Article 8890, sec.22a the 
Veterinary Licensing Act, to municipal corporations.
(RQ-774). Request from Larry A. Farrow, Executive Director, Texas Funeral 
Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 78754-3896, 
Attn: Wayne L. Goodrum, General Counsel, concerning whether the Open Records Act 
governs a request for records pursuant to a subpoena duces tecum.
(RQ-775). Request from JoAnn S. Wright, School Attorney, Arlington Independent 
School District, 1203 West Pioneer Parkway, Arlington, Texas 76013-6246, 
concerning whether a school district can deny a request for education records 
under the federal Family Educational and Privacy Act without seeking a 
determination from the attorney general under Government Code, sec.552.301, and 
related questions.
(RQ-776). Request from Janice Caldwell, Ph.D., Executive Director, Texas 
Department of Protective and Regulatory Services, 701 West 51st Street, Austin, 
Texas 78714-9030, concerning whether electronic mail ("e-mail") transferred 
between public employees is a "public record" subject to the provisions of the 
Texas Open Records Act.
(RQ-777). Request from Charles E. Griffith, Deputy City Attorney, City of 
Austin, P.O. Box 1088, Austin, Texas 78767, James Showen, Senior Assistant City 
Attorney, City of Tyler, P.O. Box 2039, Tyler, Texas 75710, concerning whether a 
request for all offense reports on a particular person held by a city police 
department implicates the common-law privacy interests of the subject of the 
offense reports under the Government Code, sec.552.101.
(RQ-778). Request from Honorable Rodney Ellis, Chair, Committee on 
Intergovernmental Relations, 905 Sam Houston Building, Austin, Texas 78711, 
concerning applicability to state and local governmental bodies of Title VI of 
the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987, and 
related questions.
(RQ-779). 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 effect of the final judgment in Ruiz v. Estelle on 
the public availability of Department of Criminal Justice internal affairs 
investigative reports regarding allegations of employee misconduct against 
prison inmates and related questions.
TRD-9501596