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 Division
ORD-637 (RQ-675).
Request from Elton Bomer, Commissioner of Insurance, Texas Department of 
Insurance, P.O. Box 149104, Austin, Texas 78714-9104, concerning whether work 
papers used in an examination of an insurance carrier by the Department of 
Insurance are confidential under the Government Code, sec.552.101 in conjunction 
with the Insurance Code, Article 1. 15.
Summary of Decision.
 The Texas Department of Insurance may withhold under the Government Code, 
sec.552.112, any information relating to the financial condition of a carrier. 
The department must withhold any information obtained from audit "work papers" 
that are "pertinent to the accountant's examination of the financial statements 
of an insurer" under the Insurance Code, Article 1.15, sec.8. Article 1.15, 
sec.9 makes confidential the examination reports and related work papers 
obtained during the course of an examination of a carrier that is under 
supervision or conservation. Article 1. 15, sec.9 does not apply to examination 
reports and work papers of carriers under liquidation or receivership or to 
routine periodic examinations of carriers not under supervision or conservation.
TRD-9600670

Opinions
DM-368 (RQ-795).
Request from Honorable Sherry L. Robinson, Waller County Criminal District 
Attorney, 836 Austin Street, Suite 109, Hempstead, Texas 77445, concerning 
whether the 1983 revision of the provisions of the Optional County Road Law of 
1947 as part of Texas Civil Statutes, Article 6702-1, Subchapter C, now repealed 
and codified in the Transportation Code, Chapter 252 rendered a county's earlier 
adoption of that law "moot," and related questions.
Summary of Opinion.
The 1983 revision of the provisions of the Optional County Road Law of 1947 as 
part of Article 6702-1, Subchapter C did not render a county's earlier adoption 
of that law "moot." Rather, the county continues to operate under the 
provisions, now codified in Transportation Code, Chapter 252, Subchapter D, 
unless it votes to abandon those provisions. The commissioners court of a county 
operating under said system may employ a road administrator instead of an 
engineer if, for instance, it determines that the county is financially unable 
to employ an engineer, or that for any other reason the county is in fact unable 
to employ an engineer. The commissioners court has discretion in making such 
determinations in the first instance, subject to judicial review.
TRD-9600777
DM-369 (RQ-822).
Request from David R. Smith, M.D., Commissioner, Texas Department of Health, 
1100 West 49th Street, Austin, Texas 78756-3199, concerning whether hospital 
facilities located at separate premises must be separately licensed.
Summary of Opinion.
Under the Texas Hospital Licensing Law, Health and Safety Code, Chapter 241, 
separate hospitals must be separately licensed. The Department of Health may 
adopt reasonable rules consistent with the Hospital Licensing Law which define 
the term "hospital" for purposes of the requirement that each hospital be 
licensed, and may make the proximity of facilities a factor in determining 
whether such facilities should be considered one "hospital."
TRD-9600776
DM-370 (RQ-782).
Request from William G. Burnett, P.E., Executive Director, Texas Department of 
Transportation, 125 East 11th Street, Austin, Texas 78701-2483, concerning 
whether the Texas Constitution, Article VIII, sec.7-a applies to the 
distribution of oil and gas royalties received from highway rights-of-way.
Summary of Opinion.
The Texas Constitution, Article VIII, sec.7-a does not apply to oil and gas 
royalties received for the depletion of highway rights-of-way that the state 
acquired using funds dedicated by Article VIII, sec.7-a. Rather, the disposition 
of such royalties is governed by statute.
TRD-9600778
DM-371 (RQ-738).
Request from David R. Smith, M.D., Commissioner, Texas Department of Health, 
1100 West 49th Street, Austin, Texas 78756-7111, concerning whether Attorney 
General Opinion DM-283 (1994) correctly determined that a county clerk may 
collect a security fee, as authorized by the Local Government Code, sec.291.008 
at the time of filing a birth, death, or fetal death record and related 
questions.
Summary of Opinion.
A statute requiring or authorizing a county clerk to collect a particular fee 
upon the filing of certain documents does not apply to birth, death, and fetal 
death records filed with the county clerk in his or her capacity as local 
registrar. Accordingly, a county clerk may collect the one-dollar security fee 
that the Local Government Code, sec.291. 008(d) authorizes only on documents 
filed with the county clerk as county clerk, unless a specific statute prohibits 
the imposition of such a fee. The county clerk may not collect the one-dollar 
security fee on birth, death, or fetal death records filed with the county clerk 
in his or her capacity as local registrar. Likewise, a county clerk may collect 
the records management and preservation fee the Local Government Code, 
sec.118.011(b)(2) authorizes only on documents filed with the county clerk in 
his or her capacity as county clerk; the county clerk may not collect the 
records management and preservation fee on birth, death, and fetal death records 
filed with the county clerk in his or her capacity as local registrar. To the 
extent that Attorney General Opinion DM-283 (1994) is inconsistent with this 
opinion, it is modified.
TRD-9600775
DM-372 (RQ-761).
Request from Honorable David Brabham, Gregg County Criminal District Attorney, 
101 East Methvin Street, Suite 333, Longview, Texas 75601, concerning whether a 
municipal court of record must impose court costs upon a juvenile offender who 
participates in a "teen court" program.
Summary of Opinion.
Nothing in the Code of Criminal Procedure, Article 45.55 negates a court's 
obligation or discretion to impose court costs that are chargeable by other law, 
except that for offenses committed on or after September 1, 1995, the court is 
not required to charge any other court costs, but it may do so.
TRD-9600774