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-95-061 (ID #35935).
 Request from the Honorable Albert G. Valadez, District Attorney, 83rd Judicial 
District of Texas, 104 West Callaghan, Fort Stockton, Texas 79735, concerning 
whether a presiding administrative district judge prior to preclearance by the 
United States Department of Justice.
Summary of Opinion.
Section 23 of House Bill 3235 requires the appropriate administrative district 
judge, on the date on which he is advised by the secretary of state that notice 
of the relevant federal preclearance under the Voting Rights Act of 1965 has 
been received, or as soon thereafter as is practicable, to transfer all cases 
from Brewster, Jeff Davis, and Presidio counties that were pending in the 83rd 
District Court on September 1, 1995, to the newly created 394th District Court. 
Pending his receipt of such advice, those cases continue to be assigned to the 
83rd Judicial District Court.
TRD-9513992

LO-95-062 (ID# 31221).
 Request from the Honorable John W. Berry, Karnes County Attorney, 101 North 
Panna Maria, Suite 10, Karnes City, Texas 78118 concerning whether Attorney 
General Opinion JM-74 (1983) regarding section 6.06(e) of the Tax Code continues 
to be valid, and related question.
Summary of Opinion.
There has been no change in the law which would invalidate Attorney General 
Opinion JM-74 (1983). That opinion continues to be valid. An agreement between 
the governing body of a taxing unit and a chief appraiser providing for a 
different method of payment under section 6.06(e) of the Tax Code may be made at 
any time but may not have the effect of waiving or rescinding penalties and 
interest due on payments that are already past due and therefore delinquent.
TRD-9513993

LO-95-063 (RQ-837).
Request from Don A. Gilbert, Commissioner, Texas Department of Mental Health and 
Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, concerning whether 
employees of the Department of Mental Health and Mental Retardation are "at 
will" employees.
Summary of Opinion.
Section 551.022(d)(3) of the Health and Safety Code creates for officers, 
teachers, and employees of Texas Department of Mental Health and Mental 
Retardation facilities a property interest in their employment of the sort 
protected by the Due Process clause of the Fourteenth Amendment to the 
Constitution of the United States.
TRD-9513991

LO-95-064 (ID #33243)
 Request from the Honorable Ben W. "Bud" Childers, Fort Bend County Attorney, 
309 South Fourth Street, Suite 621, Richmond, Texas 77469 concerning authority 
of a county to enforce speed limits on roads in a subdivision dedicated to the 
public but not accepted into the county road system.
Summary of Opinion.
The mere filing and approval of a subdivision plat dedicating subdivision roads 
to the public does not authorize Fort Bend County to regulate and enforce speed 
limits on such roads. In order to have such authority, the county must have 
accepted the road for maintenance as part of the county road system.
TRD-9513994