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
LO95-070 (ID# 33122).
 Request from Carole Wayland, Midland County Auditor, 200 West Wall, Midland, 
Texas 79701, concerning whether the spouse of a county attorney may be employed 
by that official.
Summary of Opinion.
Although a violation of the prohibition against nepotism had not occurred at the 
time that the spouse began employment in May, 1993, any continued employment 
subsequent to March, 1995, the date of marriage to the county attorney, was 
prohibited by the Government Code, sec.573.041. Further, the prior continuous 
employment exception is only available if the employee has completed the 
applicable period of prior continuous service during a time when the relative 
was not an employer with the power to hire or to fire the employee. See Attorney 
General Opinion
DM-132 (1992).
TRD-9515425
LO95-071 (ID# 36748).
 The Honorable Mark W. Stiles, Chair, Calendars Committee, Texas House of 
Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether 
Article XVI, Section 65 of the Texas Constitution, the "resign to run" 
provision, is triggered by an announcement that a potential candidate is 
"seriously considering" a decision to run for a particular office, and a related 
question.
Summary of Opinion.
An individual who utters or publishes the statement: "If the current county 
judge resigns or decides not to seek re-election, I will seriously consider 
running for county judge," does not thereby "announce his or her candidacy" for 
county judge for purposes of Article XVI, Section 65 of the Texas Constitution. 
An individual who receives political contributions in connection
with a campaign for a particular office is not precluded from using those 
contributions to finance a campaign for a different office.
TRD-9515424
LO95-072 (RQ-824).
Honorable Al Edwards, Chair, Committee on Rules and Resolutions, Texas 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, sec.4B, to construct sanitary sewer lines in an existing 
residential subdivision.
Summary of Opinion.
Texas Civil Statutes, Article 5190.6, sec.4B, authorizes the board of directors 
of a development corporation organized under Texas Civil Statutes, Article 
5190.6 to determine whether the construction of sanitary sewer lines in an 
existing residential subdivision would promote or develop new or expanded 
business enterprises. Although it seems unlikely that the construction of sewer 
facilities in a residential subdivision would promote or develop new or expanded 
business enterprises, this office cannot exclude the possibility as a matter of 
law. The board's determination would be reviewed under an abuse of discretion 
standard.
TRD-9515423
LO95-073 (ID# 35922).
 Request from the Honorable Antonio O. Garza, Jr., Secretary of State, Executive 
Division, P.O. Box 12697, Austin, Texas 78711-2697, concerning status of party 
primary election workers under state law.
Summary of Opinion.
The conduct of the primary elections is entirely regulated by state law. A party 
in its role of conducting the Texas primary elections functions as an agency of 
the state. The compensation of the party primary election workers is paid from 
state funds.
TRD-9515422

Opinions
DM-365 (RQ-623).
Request from Honorable Rick Perry, Commissioner, Texas Department of 
Agriculture, P.O. Box 12847, Austin, Texas 78711, concerning whether Texas Civil 
Statutes, Article 8613, which regulate the sale of motor vehicle fuel to 
disabled persons, is applicable to any vehicle that displays an appropriate 
"special device" or "disabled person" identification card.
Summary of Opinion.
With few exceptions, Texas Civil Statutes, Article 8613, sec.2(a) and (b) 
obligate operators of gasoline stations with "full-serve" and "self-serve" 
facilities to provide refueling services at "self-serve" prices to those 
disabled drivers who display a special license plate or identification card 
issued pursuant to the Transportation Code, sec.502.253 and sec.681.002. We have 
found no statutory basis upon which to opine that a service station operator has 
the express or implied authority, or duty, to inquire or determine whether the 
driver of a vehicle or the person to whom the disabled identification card or 
license plate was issued is actually disabled. However, we are not cognizant of 
any prohibition against merely inquiring whether a driver is in fact disabled. 
Texas Civil Statutes, Article 8613, sec.2 provide the sole authority for 
determining disability with regard to the use of a disabled placard or license 
plate to receive refueling services. The Transportation Code, Chapter 502, 
Subchapter H, sec.681.011 do not provide a basis for recognizing an offense 
where a person who is not disabled obtains refueling services through the 
fraudulent use of another's disabled placard or license plate. However, failure 
to provide refueling services to a person who displays a disabled parking 
placard or specially designed license plate authorized by the Transportation 
Code, sec.502.253 and sec.681.002 may subject a managing individual or employee 
to criminal prosecution. Texas Civil Statutes, Article 8613, sec.5.
TRD-9515421
DM-366 (RQ-784).
Request from Kenneth H. Ashworth, Commissioner, Texas Higher Education 
Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788, concerning whether 
a duly recorded abstract of a valid, nondormant, and undischarged judgment may 
constitute (1) a cloud on the judgment debtor's title to homestead property 
located in the county where the abstract is recorded and (2) a slander of the 
judgment debtor's homestead title.
Summary of Opinion.
A duly recorded abstract of a valid, nondormant, and undischarged judgment may 
constitute a cloud on the judgment debtor's title to homestead property located 
in the county where the abstract is recorded but cannot in itself constitute a 
slander of the judgment debtor's homestead title.
TRD-9515420