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.
Requests for Opinions
RQ-867. Request from David R. Smith, M.D., Commissioner of Health, 1100 West 
49th Street, Austin, Texas 78756-3199, concerning adoption of rules under the 
Medical Radiologic Technologist Certification Act, Texas Civil Statutes, Article 
4512m.
RQ-868. Request from Honorable Barry B. Telford, Chair, Committee on Pensions 
and Investments, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning classification of short term capital gains under the 
Texas Trust Code, sec.113 and related questions (Property Code, Chapter 113).
TRD-9601839
ID#-37252. Request from Honorable Kenny Marchant, Chair, Committee on Financial 
Institutions, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning whether investment pools and money market funds are 
required to execute "written instruments" in accordance with Government Code, 
sec.2256.005, in order to do business with a public entity.
ID#-37712. Request from Honorable John Whitmire, Chair, Committee on Criminal
Justice, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, 
concerning whether the Texas Commission on Law Enforcement Officer Standards and 
Education is authorized to discipline the chief administrator of a law 
enforcement agency for failing to notify the commission that a peace officer 
employed by the agency has failed to comply with the statutory requirement for 
continuing education.
ID#-37749. Request from Honorable David Counts, Chair, Committee on Natural 
Resources, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning whether a "resource conservation and development council" 
created under Title 16 of the United States Code, sec. sec.3451, et seq, is a 
"charitable organization" for purposes of the Civil Practice and Remedies Code, 
sec.84.003.
ID#-37779. Request from Honorable Ron Wilson, Chair, Committee on Licensing and 
Administrative Procedures, Texas House of Representatives, P.O. Box 2910, 
Austin, Texas 78768-2910, concerning whether the offense of criminal trespass, 
Penal Code, sec.30.05, may be committed on a bus.
ID#-37844. Request from Honorable Bill Sims, Chair, Natural Resources Committee, 
Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning authority of 
a municipal park board of trustees to prohibit concealed handguns in parks and 
facilities under its control.
ID#-37961. Request from Honorable Robert Junell, Chair, Committee on 
Appropriations, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, concerning procedures for conducting hearings under Chapter 49, 
Water Code, regarding the exclusion of land or other property from a municipal 
utility district.
ID#-38004. Request from Honorable James W. Carr, Lavaca County Attorney, Box 
576, Second Floor Courthouse, Hallettsville, Texas 77964, concerning whether a 
county clerk must file a judgment issued by a "common law court".
ID# 38134. Request from Honorable Garry Mauro, Commissioner, Texas General Land 
Office, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 
78701-1495, concerning whether the Houston Metropolitan Transit Authority may 
provide buses for use during the 1996 Olympic Games in Atlanta.
TRD-9601960