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.
Requests for Opinions
(RQ-822). Request from David R. Smith, M.D., Commissioner of Health, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199 concerning 
whether the Texas Department of Health, pursuant to section 241.023(c), Health 
and Safety Code, may issue a single license to a hospital which is located on 
two separated "premises".
(RQ-824). Request from Honorable Al Edwards, State Representative, District 146, 
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 concerning 
whether a municipality may use sales taxes levied pursuant to Texas Civil 
Statutes, Article 5190.6, Section 4B, to construct sanitary sewer lines in an 
existing residential subdivision.
(RQ-825). Request from David R. Smith, M.D., Commissioner of Health, 1149 West 
49th Street, Austin, Texas 78756-3199 concerning whether information regarding a 
hospital's compliance with federal regulations, collected by the Texas 
Department of Health pursuant to a contract with the Health Care Financing 
Administration, is excepted from disclosure under the Open Records Act.
(RQ-826). Request from Honorable Robert Hill Trapp, Criminal District Attorney, 
San Jacinto County, P.O. Box 430, Coldspring, Texas 77331, concerning whether, 
when the county salary grievance committee has recommended an increase in salary 
for certain county officers, the salary increase becomes effective only at the 
start of the next fiscal year.
(RQ-828). Request from Honorable Ron Wilson, Chair, Licensing & Administrative 
Procedures, House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 
concerning whether a transit authority established under Texas Civil Statutes, 
Article 1118x, may prohibit a passenger from carrying a concealed handgun on its 
property, even though the individual is licensed to do so under Texas Civil 
Statutes, Article 4413(29ee).
(RQ-829). Request from Honorable Warren Chisum, Chair, House Environmental 
Committee, House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910 
concerning constitutionality of tax exemption for the Nature Conservancy of 
Texas, Inc., section 11.23(c), Tax Code.
(RQ-830). Request from Honorable Steven C. Hilbig, Bexar County Criminal 
District Attorney, 300 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, 
concerning whether the Texas Department of Protective and Regulatory Services is 
responsible for certain expenses made on behalf of minors for whom the 
Department has been named the permanent managing conservator.
(RQ-831). Request from Jack Woods, General Counsel, Texas Commission on Fire 
Protection, P.O. Box 2286, Austin, Texas 78768-2286, concerning interpretation 
of procedural provisions governmental bodies must comply with when requesting an 
open records decision under subchapter G, Chapter 552 of the Government Code, as 
amended by House Bill 1718, Act of May 29, 1995, 74th Legislature, Regular 
Session, Chapter 1035.
(RQ-832). Request from James C. Tidwell, Wolfe Clark & Henderson, L.L.P., 123 
North Crockett Street, Suite 100, Sherman, Texas 75090 and Mark S. Houser, Vial, 
Hamilton, Koch & Knox, L.L.P., 1717 Main Street, Suite 4400, Dallas, Texas 75201 
concerning whether a political subdivision that is a party to pending litigation 
must timely request an attorney general decision under section 552.301 to 
withhold from the public information that relates to that litigation if its 
attorney has determined that the information should be withheld under section 
552.103.
(RQ-833). Request from Douglas R. Hyde, Assistant City Attorney, City of Dallas, 
City Hall, Dallas, Texas 75201 concerning whether a city must timely request an 
attorney general decision under section 552.301 of the Government Code to 
withhold from the public, under section 552.108, records of an active criminal 
investigation by its police department.
TRD-9509782