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 Decision
ORD-643 (ORQ-7).
Request from James R. Raup McGinnis, Lochridge & Kilgore, L.L.P. 1300 Capitol 
Center 919 Congress Avenue Austin, Texas 78701; John S. Aldridge Walsh, 
Anderson, Underwood, Schulze & Aldridge, P.C. P.O. Box 2156 Austin, Texas 78768; 
Alan Rhodes Underwood, Wilson, Berry, Stein & Johnson, P.C. P.O. Box 9158 
Amarillo, Texas 79105-9158; Darrell Corzine McMahon, Tidwell, Hansen, Atkins & 
Peacock, P.C. 4001 East 42nd Street, Suite 200 Odessa, Texas 79762; Blake G. 
Powell Henslee, Ryan & Groce Great Hills Plaza 9600 Great Hills Trail, Suite 300 
West Austin, Texas 78759-6303;
Summary of Decision.
 The Education Code, sec.21.355 makes confidential any document that evaluates, 
as that term is commonly understood, the performance of a teacher or 
administrator. The term "teacher" as used in sec.21.355 means an individual who 
is required to hold and does hold a teaching certificate or school district 
teaching permit under Subchapter B of Chapter 21, and who is engaged in teaching 
at the time of the evaluation. An "administrator" is a person who is required to 
hold and does hold an administrator's certificate under Subchapter B of Chapter 
21, and is performing the functions of an administrator at the time of the 
evaluation.
TRD-9606964

Requests for Opinions
(RQ-883). Request from the Honorable Robert Junell, Chair, House Committee on 
Appropriations, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910 concerning whether responsibilities of the Texas Commission on Jail 
Standards with regard to federal prisoners.
(RQ-884). Request from Dr. David R. Smith, Commissioner of Health, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199 concerning 
whether a therapeutic optometrist may perform certain surgical procedures.
TRD-9606757