ATTORNEY GENERAL Under provisions set out in the Texas Constitution, the Texas Government Code, Title 4, 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. Opinions (DM-373) (RQ-805). Request from the Honorable Harvey Hilderbran, Chair, Committee on Human Services, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a city is restricted from reannexing an area previously annexed and then disannexed under Local Government Code, sec.43.033. Summary of Opinion.The fact that an area adjacent to a city has already been annexed and then, pursuant to landowner or voter petition, disannexed under the provisions of Local Government Code, sec.43.033, does not in itself limit the city's authority to annex the area again under that section. The city may reannex the area so long as the conditions for annexation set out in the section are met. TRD-9602709 (DM-374) (RQ-805). Request from Ray Farabee, Office of General Counsel, The University of Texas System , 201 West Seventh Street , Austin, Texas 78701-2981, concerning whether the El Paso County Water Improvement District Number 1 may, pursuant to Chapter 55, Subchapter N of the Water Code, assess a tax on the benefit basis against land belonging to the Permanent University Fund. Summary of Opinion. Whether the "tax . . . on the benefit basis" authorized by Chapter 55, Subchapter N of the Water Code is a tax or a special assessment, the El Paso County Water Improvement District Number 1 may not levy such a tax against land owned by the Permanent University Fund. TRD-9602710 (DM-375) (RQ-705). Request from Tom Treadway, Executive Director, General Services Commission , P.O. Box 13047, Austin, Texas 78711-3047, concerning whether a vendor that offers to sell local exchange, interexchange, cellular telephone, mobile radio, or pager services may offer such services for sale through the catalogue purchase method set forth in Government Code, Chapter 2157, Subchapter B. Summary of Opinion. A vendor that offers to sell local exchange, interexchange, cellular telephone, mobile radio, or pager services may not offer such services for purchase or lease through the catalogue purchase method set forth in Chapter 2157, Subchapter B of the Government Code. The Government Code, Chapter 2170 governs the sale of local exchange and interexchange service for certain state agencies. The General Services Commission may acquire cellular telephone, mobile radio, or pager services pursuant to Chapter 2157, Subchapter C, which establishes a competitive sealed proposal method for the acquisition of "a telecommunications device, system, or service," but only if the commission "determines by rule that competitive sealed bidding and informal competitive bidding are not practical or are disadvantageous to the state." The acquisition of telecommunications services that is not governed by Chapter 2170 also may occur in accordance with Chapter 2157, Subchapter C. Chapter 2157 of the Government Code does not apply to services provided by a public utility. TRD-9602711 (DM-376) (RQ-746). Request from Steve Robinson, Executive Director, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765, concerning whether a Texas Youth Commission employee in a hazardous duty position but not receiving hazardous duty pay accrues service credits for purposes of longevity pay. Summary of Opinion. A Texas Youth Commission employee holding a hazardous duty position is not eligible to receive hazardous duty pay during his first year in a hazardous duty position. Such employee continues to accrue "lifetime service credit" for longevity pay purposes during the first year in a hazardous duty position. Subject to the other conditions of Government Code, sec.659.062 and sec.659.063, part-time and hourly, as well as full-time, Texas Youth Commission employees in hazardous duty positions are eligible to receive hazardous duty pay. TRD-9602712 (DM-377) (RQ-820).The Honorable Robert Newsom, Hopkins County Attorney , 110 Main Street, Sulphur Springs, Texas 75482, concerning whether a county court at law judge, with an unexpired term greater than one year, who declared at a county commissioners court meeting that he was a candidate for the district judgeship has announced his candidacy or "in fact become a candidate" for purposes of Article XVI, sec.65 of the Texas Constitution and related questions. Summary of Opinion. Under the facts presented, the county court at law judge of Hopkins County has announced his candidacy or has "in fact become a candidate" as a matter of law for purposes of Article XVI, sec.65 of the Texas Constitution. Thus, pursuant to Article XVI, sec.65, the county judge has automatically resigned his office. However, he continues to hold over in his office under XVI, sec.17 of the Texas Constitution, until his successor is appointed and qualifies for office. Attorney General Opinions WW-1253 (1962), C-43 (1963), and H-161 (1973) are affirmed on this issue. Attorney General Opinion WW-788 (1960), which concluded that an officer who automatically resigns his office pursuant to Article XVI, sec.65 of the Texas Constitution is ineligible for appointment to fill the vacancy created in his office, is affirmed. The Government Code, sec.25.0009(a) requires the county commissioners court to appoint an individual to fill a vacancy in the office of judge of a statutory county court. Nothing in sec.25.0009, nor in any other statute of which we are aware, specifies a particular time period within which the commissioners court must appoint a new judge; nor does any statute specifically prescribe the procedure a commissioners court must use to appoint an individual to the office of county court at law judge. The commissioners court must, of course, comply with the Open Meetings Act, Government Code, Chapter 551, in appointing the new county court at law judge. TRD-9602713