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.

Letter Opinions
LO-95-012 (ID#-28818).
Request from Honorable Tracey Bright, Ector County Attorney, Ector County 
Courthouse, Room 218, Odessa, Texas 79761, concerning whether the Government 
Code, Chapter 573 prohibits the nephew of a school district trustee from serving 
as a referee at high school football games in which the district schools 
participate.
Summary of Opinion.
In the circumstances described here, the Government Code, sec.573.041 the 
prohibition against nepotism, does not preclude the nephew of a school district 
trustee from officiating district high school football games.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506055

LO-95-024 (ID#-31959).
Requests from Honorable Teel Bivins, Chair, Committee on Nominations, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711; Honorable John T. Montford, 
Chair, Senate Committee on Finance, Texas State Senate, P.O. Box 12068, Austin, 
Texas 78711; and Honorable Gonzalo Barrientos, Chair, Committee of the Whole on 
Legislative and Congressional Redistricting, Texas State Senate, P.O. Box 12068, 
Austin, Texas 78711, concerning whether, pursuant to the Texas Constitution, 
Article to the Coastal Coordination Council are subject to the advice and 
consent of the senate and related questions.
Summary of Opinion.
A member of the Coastal Coordination Council holds a state office for purposes 
of the Texas Constitution, Article IV, sec.12. Pursuant to that provision, the 
governor must submit to the senate, for its advice and consent, the names to the 
council. Article IV, sec.12 authorized Governor Bush, within ten days of the 
commencement of the legislative session, to nominate to the council individuals 
other than those the legislative recess.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506056

LO-95-025 (RQ-774).
Request from Lois Villasenor, Interim Director, Texas Funeral Service 
Commission, 8100 Cameron Road, Suite 550, Austin, Texas 78954-3896, concerning 
whether the release of subpoenaed information to the Hidalgo County, Texas, 
Grand Jury implicates the Government Code, sec.552.352, a provision in the Open 
Records Act providing criminal penalties for the release of confidential 
information.
Summary of Opinion.
The Open Records Act, including its exceptions and its penalty provision, is not 
applicable to the production of information pursuant to a subpoena duces tecum 
issued under the Code of Criminal Procedure, Chapter 24.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506057

LO-95-026 (ID#-32395).
Request from Honorable John Whitmire, Chair, Criminal Justice Committee, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the widow 
of a retired City of Houston employee is entitled to death benefits under Texas 
Civil Statutes, Article 6243g.
Summary of Opinion.
A widow who married a member of the Houston Municipal Employees Pension System 
after his retirement from the City of Houston is not eligible to receive the 
widow/widower allowance set forth in Texas Civil Statutes, Article 6243g, 
sec.13(a).
Issued in Austin, Texas, on May 18, 1995.
TRD-9506058

LO-95-027 (RQ-575).
Request from Honorable Chris A. Wyatt, Coke County Attorney, P.O. Box 529, 
Robert Lee, Texas 76945, concerning law enforcement authority of agents of a 
water district who are not peace officers.
Summary of Opinion.
Prosecution of a complaint made by so-called "Code Enforcement Officers" 
employed by a water district is protected from civil damage actions by 
prosecutorial immunity. However, because stops by such officers can easily 
become arrests, such stops should be made by peace officers certified by the 
Texas Commission on Law Enforcement Officer Standards-Education, as contemplated 
by the Water Code, sec.51.132.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506059

LO-95-028 (ID#-26247).
Request from Jack W. Garison, Executive Director, Texas Department of Licensing 
and Regulation, P.O. Box 12157, Austin, Texas 78711-1215, concerning uses of 
municipal registration fees for state licensed air conditioning and 
refrigeration contractors.
Summary of Opinion.
A home-rule municipality may impose a registration fee on air conditioning and 
refrigeration contractors only in the presumably nominal amounts reasonably 
necessary to defray the costs of the municipal registration required by the Air 
Conditioning and Refrigeration Contractor Law, Texas Civil Statutes, Article 
8861. A general-law municipality lacks authority to impose any such fee.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506060

LO-95-029 (ID#-26341).
Request from Honorable Brenda J. Heinold, Goliad County Attorney, P.O. Box 24, 
Goliad, Texas 77963, concerning whether a county attorney may simultaneously 
serve as a member of the board of trustees of an independent school district in 
the same county.
Summary of Opinion.
A member of a school board of trustees may not serve as county attorney for the 
county in which the school district lies. The acceptance of the position of 
county attorney acts as an ipso facto resignation from the prior office.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506061

Opinions
DM-339 (RQ-709).
Request from Honorable Don Henderson, Chair, Jurisprudence Committee, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711-2068, concerning whether a 
"videographer" who is also a notary public may record a deposition upon oral 
examination.
Summary of Opinion.
Neither the Government Code, sec.406.016, the Texas Rules of Civil Procedure, 
Rule 202, nor Attorney General Opinion JM-110 (1983) permits a "videographer" 
who is also a notary public, but who is not a certified shorthand reporter, to 
make a videotape recording of a deposition upon oral examination in lieu of a 
stenographic transcription made by a certified shorthand reporter pursuant to an 
authorized method. Rule 202(e), to the extent it authorizes a court to permit 
parties to dispense with a stenographic transcription, conflicts irreconcilably 
with the Government Code, sec.52.021(f). Rule 202(e) is void to the extent it 
conflicts with the statute. Any person may make a videotape recording of a 
deposition upon oral examination if a certified shorthand reporter 
simultaneously makes a stenographic transcription pursuant to an authorized 
method.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506047

DM-340 (RQ-529).
Request from Rita Horwitz, Executive Director, State Pension Review Board, P.O. 
Box 13498, Austin, Texas 78711-3498, concerning whether the board of trustees of 
a public retirement system serves as a medical board or medical committee for 
purposes of the Open Meetings Act, Government Code, sec.551.078 and related 
question.
Summary of Opinion.
Under the Government Code, sec.551.078, the board of trustees of a public 
retirement system may consider the individual medical and psychiatric records of 
an applicant for disability retirement benefits in a closed meeting. In such 
circumstances, the board of trustees is serving as a medical board or medical 
committee for purposes of the Open Meetings Act. On the other hand, when the 
board of trustees is performing other functions, it may not conduct a closed 
meeting under sec.551.078.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506048

DM-341 (RQ-778).
Request from Honorable Rodney Ellis, Chair, Committee on Intergovernmental 
Relations, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning 
whether Title VI of the Federal Civil Rights Act of 1964 was enacted to prohibit 
racial discrimination in federally funded programs and related questions.
Summary of Opinion.
Title VI of the Federal Civil Rights Act of 1964, 42 United States Code, 
sec.sec.2000d-2000d-7, was enacted to prohibit racial discrimination in 
federally funded programs. Title VI applies to any "program or activity," as 
defined by 42 United States Code, sec.2000d-4a, that receives federal financial 
assistance. Title VI permits the termination or withholding of federal funding 
of a "program or activity" for failure to comply with agency rules implementing 
Title VI under certain conditions. See 42 United States Code, sec.2000d-1. 
Whether a particular recipient of federal funding is required to monitor the 
programs and activities of its sub-recipients will depend upon the applicable 
federal regulations. Under various federal regulations, it is impermissible for 
a "program or activity" to exclude anyone from participating in the planning and 
development of public policy relating to federally funded programs or activities 
for discriminatory reasons.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506049

DM-342 (RQ-667).
Request from Honorable Senfronia Thompson, Chair, Committee on Judicial Affairs, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether witness fees under Texas Civil Practice and Remedies Code, 
sec.22.001, must be paid to a person who is subpoenaed to appear and give 
testimony at a location other than the courthouse.
Summary of Opinion.
Witness fees under Texas Civil Practice and Remedies Code, sec.22.001, must be 
paid to all persons who are subpoenaed to appear and give testimony, regardless 
of the location set in the subpoena.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506050

DM-343 (RQ-588).
Request from Honorable Fred Hill, Chair, Committee on Urban Affairs, Texas House 
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning 
authority of the Texas Natural Resources Conservation Commission to require a 
municipality to obtain permission to regulate on-site sewage facilities.
Summary of Opinion.
Pursuant to the Health and Safety Code, Chapter 366, municipalities designated 
as authorized agents may regulate on-site sewage disposal systems more 
stringently than the commission does. Chapter 366 impliedly repeals any other 
authority municipalities might have to regulate on-site sewage disposal systems 
within municipal limits pursuant to the Health and Safety Code, sec.342.002; and 
the Local Government Code, sec.sec.51.012, 214.012(2), 214.014, and 217.002. The 
Texas Natural Resource Conservation Commission is charged with administering 
Chapter 366, but a municipality that wishes to regulate on-site sewage disposal 
systems within its boundaries may seek designation as an authorized agent of the 
commission.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506051

DM-344 (RQ-763).
Request from Honorable Kenny Marchant, Chair, Financial Institution Committee, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether persons may play and bet on card games using computers with 
modems or other transmission devices and related questions.
Summary of Opinion.
Where two or more persons, each using a separate personal computer and modem or 
other data transmission device in a private place, play a card game with each 
other and bet on the outcome of the card game, the activities would be illegal 
under the gambling provisions set out in the Penal Code, Chapter 47, unless 
there was no "public" access to the games, no one benefited other than by 
personal winnings, and the risk of winning or losing was the same for all 
participants. A third party's operation of a bulletin board service, by means of 
which he knowingly assisted persons in playing and betting on card games located 
on that bulletin board service and charged for the services used by the persons 
playing the game, would violate one or more of the penal provisions of the Penal 
Code, Chapter 47.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506052

DM-345 (RQ-730).
Request from Honorable Hugo Berlanga, Chair, Committee on Public Health, Texas 
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning 
authority under state law of a state university to regulate parking by the 
disabled on campus.
Summary of Opinion.
A state university may require that students, faculty, and staff, even if 
disabled, register vehicles and pay a reasonable fee therefor, and may require 
that students, even if disabled, pay student parking permit fees for use of 
campus parking facilities and park in areas designated for students.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506053

DM-346 (RQ-770).
Request from Todd K. Brown, Executive Director, Texas Workers' Compensation 
Commission, 4000 South IH-35, Austin, Texas 78704-7491, concerning whether the 
1993 General Appropriations Act, Article V, sec.53 authorizes the Texas Workers' 
Compensation Commission to obtain liability insurance for its employees and 
whether the purchase of director's and officer's liability insurance by a state 
agency as authorized by that provision constitutes a waiver of the state's 
sovereign immunity.
Summary of Opinion.
The Civil Practice and Remedies Code, sec.101. 027 authorizes the Texas Workers' 
Compensation Commission (the "commission") to obtain liability insurance against 
claims under the Texas Tort Claims Act for employees. The 1993 General 
Appropriations Act, Article V, sec.53 precludes the commission from using any 
appropriated funds for the purchase of such insurance. Together these provisions 
authorize the commission to obtain liability insurance against claims under the 
Texas Tort Claims Act for employees at no cost. The determination whether 
liability coverage is actually obtained for employees at no cost would involve 
the resolution of factual issues. The terms "officer" and "executive management 
staff" in sec.53 refer to those persons who could be considered executive 
officers of the commission as that term is used in the private, corporate 
sector. The executive director of the department is "executive management staff" 
for purposes of director's and officer's liability insurance. Whether other 
positions are included in the term "executive management staff" must be 
determined on a case-by-case basis. The second sentence of the 1993 General 
Appropriations Act, Article V, sec.53 does not waive the state's sovereign 
immunity to any greater extent than it is waived by the Texas Tort Claims Act.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506054

Requests for Opinions
(RQ-794). Request from Honorable Fred Hill, Chair, Committee on Urban Affairs, 
Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, 
concerning whether a municipality may prohibit a person from standing in a 
public roadway for purposes of soliciting contributions or employment.
(RQ-795). Request from Honorable Sherry L. Robinson, Waller County Criminal 
District Attorney, 836 Austin Street, Suite 109, Hempstead, Texas 77445, 
concerning whether the 1983 revision of the provisions of the Optional County 
Road Law of 1947 as part of Texas Civil Statutes, Article 6702-1, Subchapter C, 
rendered a county's earlier adoption of that law "moot," and related questions.
(RQ-796). Request from Honorable Mike Driscoll, Harris County Attorney, 1001 
Preston, Suite 634, Houston, Texas 77002-1891, concerning whether an individual 
who is employed full-time is entitled to claim a disability exemption under the 
Tax Code, sec.11.13, by virtue of his blindness.
(RQ-797). Request from Honorable Thomas F. Lee, District Attorney, Val Verde 
County, P.O. Box 1405, Del Rio, Texas 78841, concerning whether under the 
Government Code, sec.415.053 and Texas Commission on Law Enforcement Officers 
Standards and Education regulations, an elected constable must be licensed as a 
permanent peace officer or whether a county jailer license will suffice.
(RQ-798). Request from Honorable Mike Driscoll, County Attorney, 1001 Preston, 
Suite 634, Houston, Texas 77002-1891, concerning authority of the Harris County 
Flood Control District to develop and maintain easements for recreational 
purpose.
(RQ-801). Request from Honorable Tom Craddick, Chair, House Committee on Ways 
and Means, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether the bond requirements imposed upon a motor vehicle 
dealer by Texas Civil Statutes, Article 6686, are applicable when a vehicle is 
delivered to the dealer on consignment.
Issued in Austin, Texas, on May 18, 1995.
TRD-9506046