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
LO96-034 (ID# 33693).
 Request from Mr. Bryan M. Perot, Executive Officer, Polygraph Examiners Board, 
5805 North Lamar, P.O. Box 4087, Austin, Texas 78773-0001, concerning whether a 
peace officer may request a polygraph examination of a person who charges or 
seeks to charge in a complaint the commission of an offense under Penal Code 
sec.sec.21.11, 22.011, 22.021, or 25.02.
Summary of Opinion. The Code of Criminal Procedure, Article 15.051, does not 
authorize a peace officer to request a person who charges or seeks to charge in 
a complaint the commission of an offense under Penal Code, sec.sec.21.11, 
22.011, 22.021, or 25.02 voluntarily to submit to a polygraph examination.
LO96-035 (RQ-852).
Request from the Honorable L. M. Braziel, Rains County Attorney, 100 Quitman 
Street, Emory, Texas 75440, concerning whether a county commissioners court is 
authorized under Local Government Code, sec.381.001(f) to donate county tax 
funds to a nonprofit organization whose purpose is to assist industrial 
development.
Summary of Opinion. The Texas Constitution, Article III, sec.52, prohibits a 
county commissioners court from making a donation of county tax funds pursuant 
to Local Government Code, sec.381.001(f) to a nonprofit organization whose 
purpose is to assist industrial development.
LO96-036 (RQ-842).
Request from the Honorable David Sibley, Texas State Senate, P.O. Box 12068, 
Austin, Texas 78711, concerning whether the Texas Racing Commission may 
promulgate a rule authorizing the simulcasting of horse races at greyhound 
racetracks and related questions.
Summary of Opinion. The Texas Racing Act, Texas Civil Statutes, Article 179e, 
sec.11.011(g) prohibits wagering on a simulcast horse race shown at a greyhound 
racetrack and a simulcast greyhound race shown at a horse racetrack. 
Consequently, the Texas Racing Commission may not promulgate a rule that permits 
wagering on cross-simulcasts. The commission may promulgate a rule authorizing a 
class three or class four racetrack to simulcast on dates that have no direct 
connection to the livestock show, exhibition, or public fair with which the 
racetrack is affiliated. Whether a nonprofit corporation that is licensed to 
operate a class three racetrack under Texas Civil Statutes, Article 179e, 
sec.12.02 and that simulcasts races on dates not affiliated with a public fair 
or livestock exhibition violates the purpose set out in the corporation's 
articles of incorporation is a question of fact. If for any reason a nonprofit 
corporation loses its tax-exempt status under the Internal Revenue Code, it is 
not a nonprofit corporation for purposes of the act and is not authorized to 
operate a class three racetrack under Texas Civil Statutes, Article 179e, 
sec.12.02.
LO96-037 (RQ-830).
Request from the Honorable Steven C. Hilbig, Bexar County Criminal District 
Attorney, 300 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, concerning 
whether the Texas Department of Protective and Regulatory Services is 
responsible for the burial expenses of children for whom the department has been 
named the permanent managing conservator upon termination of parental rights.
Summary of Opinion. The Texas Department of Protective and Regulatory Services 
is not responsible for the burial expenses of children for whom the department 
has been named the permanent managing conservator upon termination of parental 
rights.
LO96-038 (ID# 37190).
 Request from the Honorable Kim Brimer, Chair, Committee on Business and 
Industry, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, concerning how the Texas Peace Officers' Advisory Committee may enforce 
the requirement that funds solicited for the Texas Peace Officers' Memorial be 
deposited in a special account established for that purpose, and related 
questions.
Summary of Opinion. While the Government Code, sec.415.120 is silent as to how 
its requirement that funds solicited for the Texas Peace Officers' Memorial be 
deposited in a special account in the state treasury shall be enforced, the 
Office of the Attorney General through the Charitable Trusts Section of its 
Consumer Protection Division has authority under the Texas Deceptive Trade 
Practices Act, Texas Business and Commerce Code, sec.sec.17.41 through 19.47, 
and the Property Code, Chapter 123 to bring an action to enforce the charitable 
trust created by such contributions. The interest on such funds, like the 
principal, is ultimately the property of the fund for the peace officers' 
memorial. The Texas Commission on Law Enforcement Officer Standards and 
Education, with the advice of the Texas Peace Officers' Advisory Committee, has 
the authority to contract with a fund-raiser for the solicitation of 
contributions to the memorial fund. Payment of fees for such services is for a 
purpose authorized by the statute. Trust funds may not be used to pay a fund-
raiser prior to their receipt in the special treasury account.
LO96-039 (ID# 32394).
 Request from Mr. John R. Speed, P.E., Executive Director, Texas State Board of 
Registration, for Professional Engineers, P.O. Drawer 18329, Austin, Texas 
78760-8329, concerning whether the $200 fee increase imposed by the Texas 
Engineering Practice Act, sec.13B, as applied to engineers working for the 
federal government, violates the doctrine of intergovernmental tax immunity.
Summary of Opinion. The Texas Engineering Practice Act (the "act"), Texas Civil 
Statutes, Article 3271a, does not require registration of engineers who are 
federal officers and employees, id. sec.20(d). The $200 fee increase provided in 
sec.13B of the act therefore neither has a legal impact on, nor discriminates 
against, federal engineers as such and so does not violate the doctrine of 
intergovernmental tax immunity.
LO96-040 (ID# 36630).
 Request from Mr. Jack W. Garison, Executive Director, Texas Department of 
Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, concerning 
authority of the Department of Licensing and Regulation to license and regulate 
martial arts promotions and events.
Summary of Opinion. The Texas Department of Licensing and Regulation has 
jurisdiction under the Texas Boxing and Wrestling Act, Texas Civil Statutes, 
Article 8501-1, over sporting exhibitions, however styled, in which as a matter 
of course contestants exchange blows with the arms, legs, hands, or feet.
LO96-041 (ID#36600).
Request from Mr. Marvin B. Sallop, Executive Director, Texas School for the 
Deaf, P.O. Box 3538, Austin, Texas 78764, concerning salary of the executive 
director of the Texas School for the Deaf.
Summary of Opinion. The salary of the executive director of the Texas School for 
the Deaf may be set for fiscal years 1996 and 1997 in any amount not to exceed 
$63,230 in appropriated funds, provided, in addition, that such amount does not 
exceed the maximum permitted by the Education Code, subsection (d), sec.30.053.
LO96-042 (ID# 36037).
 Request from the Honorable Luis V. Saenz, Cameron County, District Attorney, 
Cameron County Courthouse, 974 East Harrison Street, Brownsville, Texas 78520, 
concerning notice requirements applicable to nonprofit water supply corporation 
under its bylaws and Open Meetings Act.
Summary of Opinion. A water supply corporation organized under Texas Civil 
Statutes, Article 1434a, is subject to the Texas Open Meetings Act and to the 
Texas Non-Profit Corporation Act to the extent its provisions do not conflict 
with Texas Civil Statutes, Article 1434a. Members of the corporation are to be 
individually notified of its meetings in accordance with the Non-Profit 
Corporation Act and the corporate bylaws. Notice posted pursuant to the Open 
Meetings Act is directed at members of the general public who are interested in 
the governmental body's deliberations, and is not designed to reach the 
individuals whose private interests are most likely to be affected by the 
proposed government action. Whether the item "Bylaw Amendments" in the notice 
posted for a meeting of the El Jardin Water Supply Corporation was specific 
enough to comply with the Open Meetings Act involves the resolution of fact 
questions. The posted notice would not, however, violate the Open Meetings Act 
merely because it did not include the text of any proposed bylaw amendments.
TRD-9606624

Open Records Decision
ORD 642 (RQ-688).
Request from Ms. Tracy B. Calabrese, Assistant City Attorney, City of Houston,
P.O. Box 1562, Houston, Texas 77251-1562, concerning whether the Local 
Government Code, sec.143.1214, requires the City of Houston Police Department to 
withhold documents relating to an investigation of a City of Houston fire 
fighter conducted by the City of Houston Police Department's Public Integrity 
Review Group when the Public Integrity Review Group has concluded that the 
allegations were unfounded.
Summary of Decision.
 The Local Government Code, sec.143.1214(b) requires the City of Houston Police 
Department to withhold documents relating to an investigation of a City of 
Houston fire fighter conducted by the City of Houston Police Department's Public 
Integrity Review Group when the Public Integrity Review Group has concluded that 
the allegations were unfounded.
TRD-9606625