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-95-065 (ID#-25770).
Request from Honorable Todd L. Alvey, Gray County Attorney, P.O. Box 697, Pampa, 
Texas 79066-0697, regarding whether a property owner may erect a gate across a 
third-class road if the county has constructed cattle guards on the road, and a 
related question.
Summary of Opinion.
A landowner has no authority under the Transportation Code, sec.251.010(a) to 
erect a gate on a third-class road in Gray County if the county has already 
installed cattle guards on the road. In these circumstances sec.251.010(a) would 
not provide a defense, as "legal privilege or authority" to erect a gate, in a 
prosecution for obstructing the road under the Penal Code, sec.42.03.
TRD-9514658
LO-95-066 (ID#-30137).
Request from Honorable Frank H. Bass, Jr., Montgomery County Attorney, 
Courthouse, Conroe, Texas 77301, regarding whether a sale or lease of county 
airport real property is subject to the public auction requirements or the 
sealed bid or sealed proposal requirements of the Local Government Code, Chapter 
263.
Summary of Opinion.
In selling or leasing its airport property under Local Government Code, sec.263. 
051 or Transportation Code, sec.22.024, a county commissioners court must comply 
with the public auction requirements of Code, sec.263.001 or, if applicable, the 
sealed bid or sealed proposal requirements of Local Government Code, 
sec.263.007.
TRD-9514662
LO-95-067 (ID#-27553).
Request from Elmer Bomer, Commissioner, Texas Department of Insurance, P.O. Box 
149104, Austin, Texas 78714-9104, regarding whether the governing committee of 
the Texas Automobile Insurance Plan Association (TAIPA) is subject to the Open 
Meetings Act, Government Code, Chapter 551.
Summary of Opinion.
The governing committee of the Texas Automobile Insurance Plan Association 
established under the Insurance Code, Article 21.81 is subject to the Open 
Meetings Act, Government Code, Chapter 551, because it is a governmental body 
under the Government Code, sec.551.001(3) (A).
TRD-9514661
LO-95-068 (ID#-36626).
Request from Honorable Mark W. Stiles, Texas House of Representatives, P.O. Box 
2910, Austin, Texas 78768-2910, regarding whether the board of trustees of an 
independent school district may act on recommendation of an by the district 
superintendent.
Summary of Opinion.
Although a superintendent of an independent school district is not precluded 
from using the services of an "interview committee" to assist him in the 
selection of district personnel, he has the "sole authority" to "make 
recommendations to the board (of trustees) regarding the selection" of such 
individuals.
TRD-9514660
LO-95-069 (ID#-36821).
Request from Honorable Jose Rodriguez, County Attorney, El Paso County 
Courthouse, 500 East San Antonio, El
Paso, Texas 79801, regarding
whether Article III, Section
19 of the Texas Constitution
prevents a city council
member from running for
the state legislature after
resigning his city council
post.
Summary of Opinion.
In Wentworth v. Meyer, 839 S.W.2d 766 (Texas 1992), the Texas Supreme Court 
determined that Article III, Section 19 of the Texas Constitution did not make 
an individual ineligible for election to the state legislature, where the 
individual the board of regents of a state university system for a term that 
overlapped the legislative term by twenty-one days, but had resigned four years 
before he ran for the state senate. Article III, sec.19, as interpreted in 
Wentworth, does not disqualify the holder of a lucrative office from running for 
the legislature even though the term of the lucrative office overlaps the 
legislative term, if the officeholder resigns from the lucrative office before 
filing for the legislature.
TRD-9514659

Requests for Opinions
(RQ-854). Requested by the Honorable Pete Gallego, Chair, Committee on General 
Investigating, Texas House of Representatives, Austin, Texas 78768-2910, 
concerning whether a hotel constructed and owned by a private entity may 
constitute a "qualified hotel project" under the Texas Enterprize Zone Act, 
Chapter 2303 of the Government Code and related questions
TRD-9514483