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 Decisions
LO-95-057 (ID #35232).
 The Honorable Kenny Marchant, Chair, Investments and Banking, Texas House of 
Representatives, P.O. Box 2910, Austin, Texas 78768-2548, concerning whether the 
mayor or the city manager of the City of DeSoto has the duties and powers 
assigned to the "chief executive" of the city in Local Government Code, Chapter 
143.
Summary of Decision.
 The phrase "chief executive" as used in the Local Government Code, Chapter 143 
means the chief officer who has and remove city officers and employees. The city 
manager of the City of DeSoto is the city's "chief executive" for purposes of 
Chapter 143.
LO-95-058 (ID #35896).
 Honorable Gonzalo Barrientos, Chair, Committee of the Whole on Redistricting, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether a 
state or local governmental entity, by posting notice under the criminal 
trespass statute, may prohibit a concealed handgun licensee from carrying a 
handgun on premises of which the governmental entity is the "owner" as defined 
in the Penal Code.
Summary of Decisions.
 A state or local governmental entity, by posting notice under the criminal 
trespass statute, may prohibit a gun-carrying concealed handgun licensee from 
entering or remaining on premises of which the governmental entity is the 
"owner" as defined in the Penal Code.
LO-95-059 (ID #35948).
 James A. Collins, Executive Director, Texas Department of Criminal Justice, 
P.O. Box 13084, Austin, Texas 78711, concerning whether the Texas Board of 
Criminal Justice may adopt a policy allowing the relatives of a murder victim to 
attend the execution of the perpetrator.
Summary of Decisions.
 The state may permit persons other than those listed in the Code of Criminal 
Procedure, Article 43.20 to witness an execution. Article 43.20 expressly 
prohibits the state from permitting a convict to witness an execution, however. 
The board may permit persons other than those listed in the Code of Criminal 
Procedure, Article 43.20 to attend an execution, but only by adopting a 
reasonable rule in accordance with the Administrative Procedure Act of the 
Government Code, Chapter 2001.
LO-95-060 (RQ-796).
Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 634, 
Houston, Texas 77002-1891, concerning whether a property owner who is blind, 
under 55 years of age, and employed full-time qualifies for additional homestead 
exemptions under sec.11.13, subsections (c) and (d) of the Tax Code.
Summary of Decisions.
 A blind person under the age of fifty-five who is engaged in "substantial 
gainful activity" under title 42 of the United States Code, sec.423(d), is not 
"under a disability for purposes of payment of disability insurance benefits 
under Federal Old-Age, Survivors, and Disability Insurance or its successor," 
Tex. Const. Article VIII, sec. 1-b(b); see also id. sec. 1-b(c); Tax Code sec. 
11. 13(m)(1), and is therefore not entitled to a homestead exemption under 
sec.11. 13, subsections (c) and (d) of the Tax Code.
TRD-9513264

Open Records Request
ORD-3. Requested from Mary Keller, Texas Department of Insurance, P.O. Box 
149104, Austin, Texas 78714-9104, concerning scope of the term "underwriting 
guidelines" for purposes of of the Insurance Code, Article 1.24D; whether the 
Insurance Code, Article 17.22 exempts county mutual insurance companies from the 
application of article 1.24D.
TRD-9513263

Requests for Opinions
(RQ-851). Requested by Honorable Fred Hill, Chair, Committee on Urban Affairs, 
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning 
whether a municipality is authorized to impose a "user fee" in the grant of 
building permits, and to donate the proceeds received therefrom to an 
independent school district.
(RQ-852). Requested by Honorable L. M. Braziel, Rains County, Attorney, 100 
Quitman Street, Emory, Texas 75440, concerning whether authority of a 
commissioners court to donate funds to an industrial development corporation. 
The Honorable Kenny Marchant, Chair, Investments and Banking, Texas House of 
Representatives, P.O. Box 2910, Austin, Texas 78768-2548.
TRD-9513268