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-95-030 (ID#-31512).
Request by Honorable David M. Motley, Kerr County Attorney, County Courthouse, 
Suite B20, 700 East Main Street, Kerrville, Texas 78018-5324, concerning whether 
a transfer of a juvenile case under Family Code, sec.51.07(a), requires the 
consent of the receiving court.
Summary of Opinion.
A transfer of a juvenile case under Family Code, sec.51.07(a) does not require 
the consent of the receiving court.
Issued in Austin, Texas on June 21, 1995.
TRD-9507555

LO-95-031 (ID#-30282).
Request of Rufus P. Cormier, Chair, Texas Southern University, Board of Regents, 
3100 Cleburne Avenue, Houston, Texas 77004, concerning propriety of a state 
university allowing a religious group to use its facilities.
Summary of Opinion.
If a state university allows a broad class of groups access to university 
facilities, but does not favor, sponsor, or lend its imprimatur to particular of 
access, allowing access to a religiously-oriented organization would not violate 
the Establishment Clause of the First Amendment. Furthermore, denial of access 
in such context, if done solely on the basis of the organization's religious 
orientation, would violate First Amendment speech protections.
Issued in Austin, Texas on June 21, 1995.
TRD-9507554

LO-95-032 (ID#-30527).
Request of Honorable Jerry Don Evans, Uvalde County Attorney, 127 North West 
Street, Uvalde, Texas 78801, concerning whether a regular called session of a 
county commissioners court is valid if that regular session is convened on a 
Tuesday following a Monday holiday and related question.
Summary of Opinion.
If a commissioners court's regular term commences on a legal holiday, the 
commissioners court does not violate the Local Government Code, sec.81.005(a) by 
convening on the succeeding day. The court must post proper notice of the 
meeting in accordance with the Open Meetings Act, Government Code Chapter 551. 
While any county commissioner may place items for discussion on the 
commissioners court's agenda, a commissioners court need not delay discussion of 
items placed on the agenda by a particular commissioner if the commissioner is 
absent. So long as a quorum of the commissioners court is present, it may 
discuss any items on the agenda. Consequently, the Uvalde County Commissioners 
Court did not violate any law by discussing items placed on its agenda by a 
commissioner who was absent from the meeting.
Issued in Austin, Texas on June 21, 1995.
TRD-9507553

LO-95-033 (ID#-33425).
Request of Honorable Judith Zaffirini, Chair, Health and Human Services 
Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, 
concerning whether the Texas Constitution, Article III, sec.18, prohibits the 
granting of an option to purchase and subsequent sale of a tract of land by a 
corporation, the stock of which is owned by the spouse of a legislator, to an 
optionee/purchaser who intends to submit a bid to the state to construct 
improvements on the tract and lease them to the state.
Summary of Opinion.
The facts of this transaction suggest as a matter of law that for purposes of 
the Texas Constitution, Article III, sec.18, the legislator is not directly or 
indirectly interested in the contemplated contract between the state and the 
optionee/purchaser.
Issued in Austin, Texas on June 21, 1995.
TRD-9507552

Opinions
DM-347 (RQ-656).
Request from Honorable Bill Sims, Chair, Committee on Natural Resources, Texas 
State Senate, P.O. Box 12068, Austin, Texas 78711-2068O, concerning whether, 
under Education Code, sec.21.901, a school district must competitively bid a 
contract for the purchase of insurance.
Summary of Opinion.
To the extent Attorney General Opinion MW-342 (1981) concludes that a contract 
for the purchase of insurance under Education Code, sec.21.901 is a contract for 
professional services that sec.21.901(c) excepts from the competitive bidding 
process, it is overruled. Furthermore, to the extent Attorney General Opinion 
MW-342 concludes that a contract for the purchase of insurance is not a contract 
for the purchase of personal property subject to competitive bidding under 
Education Code, sec.21.901(a), it is overruled. Likewise, to the extent Attorney 
General Opinion Attorney General Opinion MW-494 (1982) suggests that a contract 
for the purchase of insurance is not personal property for purposes of the 
Education Code, sec.21.901(a), we overrule it. Under the Education Code, 
sec.21.901(a), a school board must competitively bid a contract for the purchase 
of insurance if the contract is valued at $25,000 or more for a twelve-month 
period. In evaluating which bid to accept, the school board may consider factors 
other than cost, such as the insurer's professionalism and the promptness, 
efficiency, and honesty with which the insurer services claims. When a school 
board must competitively bid a contract under sec.21.901(a), it must comply with 
the notice requirements set out in subsection (d). The school board must devise 
the remainder of the competitive bidding procedure consistent with good business 
management. In the event a school board need not competitively bid a contract 
for the purchase of insurance because the contract is valued at less than 
$25,000 for a twelve-month period, the school board may choose to competitively 
bid the contract if the board determines that good business management requires 
it. The school board must devise a competitive bidding procedure that is  
consistent with good business management.
Issued in Austin, Texas on June 21, 1995.
TRD-9507551

DM-348 (RQ-673).
Request from Honorable Tim Curry, Tarrant County Criminal District Attorney, 401 
West Belknap, Fort Worth, Texas 76196-0201, concerning validity and 
constitutionality of the Local Government Code, sec.117.002, which concerns the 
turn over of abandoned funds held by the county or district clerk to the State 
of Texas.
Summary of Opinion.
The Local Government Code, sec.117.002, is both valid and constitutional. Funds 
subject to sec.117.002 are those funds covered by Chapter 117, as defined by 
Attorney General Opinion JM-1162 (1990). To the extent of conflict between the 
Local Government Code, sec.117.002 and sec.117.058, sec.117.002 prevails as more 
specific and later adopted.
Issued in Austin, Texas, on June 21, 1995.
TRD-9507550

Requests for Opinions
(RQ-802). Request from Honorable John Sharp, Comptroller of Public Accounts, LBJ 
State Office Building, Austin, Texas 78774, concerning allocation of funds 
collected from a convicted individual who is unable to pay the full amount 
required by statute.
(RQ-803). Request from Honorable James M. Kuboviak, Brazos County Attorney, 300 
East 26th Street, Suite 325, Bryan, Texas 77803, concerning whether the Texas 
Guaranteed Student Loan Corporation may garnish the wages of a county employee 
for the purpose of collecting a federally guaranteed student loan.
(RQ-804). Request by Leala Mann, Associate General Counsel, Texas Department of 
Transportation, Dewitt C. Greer State Highway Building, 125 East 11th Street, 
Austin, Texas 78701-2483; Tamara Armstrong, Assistant County Attorney, County of 
Travis, P.O. Box 1748, Austin, Texas 78767; and Mark Dempsey, Assistant City 
Attorney, City of Garland, P.O. Box 469002, Garland, Texas 75046-9002, 
concerning whether a notice of claim by itself shows that litigation is 
reasonably anticipated for purposes of the Government Code, sec.552.103(a).
(RQ-805). Request by Honorable Harvey Hilderbran, Chair, Committee on Human 
Services, P.O. Box 2910, Austin, Texas 78768-2910, concerning authority of a 
general law municipality to re-annex territory which has been disannexed under 
the provisions of Local Government Code, sec.43.033.
(RQ-806). Request by Rebecca E. Forkner, Executive Director, Texas State Board 
of Examiners of Psychologists, 9101 Burnet Road, Suite 212, Austin, Texas 78758, 
concerning authority of the Board of Examiners of Psychologists to regulate the 
conduct of non-licensed persons acting under the supervision of a licensed 
psychologist.
(RQ-807). Request by Honorable Mike Driscoll, Harris County Attorney, 1001 
Preston, Suite 634, Houston, Texas 77002-1891, concerning legal representation 
in child protective custody litigation in Harris County.
(RQ-808). Request by Sheree L. Rabe, Assistant City Attorney, City of 
Georgetown, P.O. Box 409, Georgetown, Texas 78627-0409, concerning burden a 
governmental body must carry in establishing the applicability of the Government 
Code, sec.552.103.
(RQ-809). Request by Tim Rodgers, Wise County Auditor, P.O. Box 899, Decatur, 
Texas 76234, concerning whether a justice of the peace may maintain a checking 
account, separate from the county treasury, into which he or she deposits hot 
check restitution and fines and related questions.
(RQ-810). Request by David M. Motley, Kerr County Attorney, County Courthouse, 
Suite B20, 700 East Main Street, Kerrville, Texas 78028-5324, and James W. Carr, 
Lavaca County Attorney, Box 576, Second Floor Courthouse, Hallettsville, Texas 
77964, concerning proper jurisdiction of prosecution under various sections of 
the Alcoholic Beverage Code, Chapter 106, which regulates the possession, 
consumption, and purchase of alcoholic beverages by persons under the age of 21. 
(Briefs will be accepted through June 30, 1995.)
(RQ-811). Request by James A. Collins, Executive Director, Texas Department of 
Criminal Justice, P.O. Box 99, Huntsville, Texas 77340, concerning 
responsibility of the Texas Department of Criminal Justice for conducting an 
audit of a particular intermediate sanctions facility in Harris County.
(RQ-812). Request by Honorable John Vance, Dallas County District Attorney, 
Civil Section, Administration Building, 411 Elm Street, Dallas, Texas 75202, 
concerning duties of a district or county clerk with regard to the filing of 
federal tax liens.
(RQ-813). Request by Honorable James M. Kuboviak, Brazos County Attorney, Brazos 
County Courthouse, Bryan, Texas 77803, concerning whether a tax assessor-
collector may, without approval of the commissioners court of his county, expend 
funds accrued as interest under the Tax Code, sec.23.12B.
Issued in Austin, Texas, on June 21, 1995.
TRD-9507556