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.

Opinions
DM-387 (RQ-861).
Request from Mike Moses Commissioner Texas Education Agency 1701 North Congress 
Avenue Austin, Texas 78701-1494, concerning whether a school district must 
comply with the competitive bidding procedures specified in Local Government 
Code chapter 271, subchapter B when seeking to bid a construction contract 
valued at $25,000 or more in the aggregate for a 12-month period and related 
question (RQ-861)
Summary of Opinion.
Where a school board determines that competitive bidding on a contract for an 
improvement to real property will provide the best value to the school district, 
section 44.031(a) of the Education Code requires the school to competitively bid 
the contract. In that circumstance, the school district must comply with the 
competitive bidding procedures articulated in chapter 271, subchapter B of the 
Local Government Code, to the extent the procedures do not conflict with section 
44.031 of the Education Code. Chapter 44, subchapter B of the Education Code, 
which provides for purchases and contracts of a school district, also applies to 
a junior college district, community college district, and regional college 
district.
DM-388 (RQ-845).
Request from David R. Smith, M.D. Commissioner Texas Department of Health 1100 
West 49th Street Austin, Texas 78756-3199, concerning whether, without being 
licensed as an athletic trainer under article 4512d, V.T.C.S., a
coach may have as his or her primary job responsibility working with or on 
injured athletes and a related question.
Summary of Opinion.
Article 4512d, section 8, V.T.C.S., prohibits an individual, including a coach, 
who is not a licensed athletic trainer from performing as an athletic trainer, 
even though the individual is not compensated to perform as such. Section 8 also 
prohibits such a coach from holding him- or herself out as an athletic trainer. 
To the extent they are inconsistent with this opinion, Attorney General Opinions 
H-1306 (1978), H-471 (1974), and M-1071 (1971) are overruled.
DM-389 (RQ-876).
Request from the 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".
Summary of Opinion.
A district or county clerk should not accept for filing any document that 
indicates on its face that it is to be filed in, that it is an order or judgment 
from, or that it is a notice of a removal petition to, any purported state or 
local court not named in the constitution or statutes of the state of Texas. 
County and district attorneys should assist clerical employees in making certain 
that no legitimate filings are denied, and that state and federal constitutional 
requirements are strictly observed.
DM-390 (RQ-703).
Request from the Honorable Fred Hill Chair Committee on Urban Affairs Texas 
House of Representatives P.O. Box 2910 Austin, Texas 78768-2910, concerning 
whether a city that terminates a reinvestment zone pursuant to section 
311.017(a) of the Tax Code may create a new reinvestment zone with identical 
geographic boundaries for the purpose of setting a new tax increment base, and 
related questions.
Summary of Opinion.
A municipality that terminates a reinvestment zone by ordinance pursuant to 
section 311.017(a) of the Tax Code may then create a new reinvestment zone with 
geographic boundaries identical to those of the original zone. A municipality's 
loan to the first reinvestment zone may not be treated as a "project cost" of 
the second reinvestment zone pursuant to section 311.002(1) of the act, nor may 
such a loan be assumed by the second reinvestment zone. There is no mechanism 
for adjusting the tax increment base of a reinvestment zone to account for a 
severe decrease in the total appraised value of the real property in the 
reinvestment zone. See Tax Code sec. 311.012(c).
DM-391 (RQ-886).
Request from the Honorable David Sibley Chair Economic Development Committee 
Texas State Senate P.O. Box 12068 Austin, Texas 78711, concerning validity of an 
agreement between a municipality and a telecommunications services provider that 
in effect creates a joint venture between those two entities.
Summary of Opinion.
Under the facts described, an agreement between the city of San Antonio and ICG 
Access Services, Inc., constitutes a degree of participation by the city in the 
offering of telecommunications services to the public that is prohibited by 
section 3.251 of the Public Utility Regulatory Act of 1995, V.T.C.S. article 
1446c-0.
DM-392 (RQ-723).
Request from the Honorable Mike Driscoll Harris County District Attorney 1001 
Preston, Suite 634 Houston, Texas 77002-1891, concerning whether an interpreter 
for a deaf juror may accompany the juror into the jury room during 
deliberations.
Summary of Opinion.
Pursuant to section 21.009 of the Civil Practice and Remedies Code and section 
62.1041 of the Government Code, a duly qualified interpreter who has taken the 
oath required by section 21.005 of the Civil Practice and Remedies Code, and no 
other person, may accompany a deaf juror in a criminal case into the jury room 
during deliberations.
DM-393 (RQ-860).
Request from the Honorable George W. Bush Governor of Texas P.O. Box 12428 
Austin, Texas 78711, concerning whether a pardonable conviction exists after the 
completion of "regular" or "shock" community supervision under Code of Criminal 
Procedure Article 42.12, section 20.
Summary of Opinion.
A person who has been on "regular" or "shock" community supervision is not 
eligible for a governor's pardon after a judge discharges the person pursuant to 
section 20 of Code of Criminal Procedure article 42.12 and, in so doing, also 
restores the person's civil rights by setting aside the conviction and 
dismissing the charging instrument. A court has the inherent power to enter an 
order nunc pro tunc correcting the written entry of the court's disposition of a 
case if by clerical error the entry does not correctly reflect the actual 
disposition rendered by the court.
DM-394 (RQ-849).
Request from Dr. Barry B. Thompson Chancellor Texas A&M University System 301 
Tarrow, 7th Floor College Station, Texas 77843-1122, whether the City of College 
Station may expend funds on behalf of the George Bush Library at Texas A&M 
University.
Summary of Opinion.
The City of College Station may, without violating article III, section 52 of 
the Texas Constitution, spend public funds on the George Bush Library to be 
established by Texas A&M University only if there is a city purpose for the 
expenditure, if the city receives adequate consideration for the expenditure, 
and if sufficient controls are attached to the transaction to ensure that the 
public purpose will be carried out. Hotel-motel occupancy taxes raised by the 
city under chapter 351 of the Tax Code may be spent only for the purposes 
expressly set out in section 351.001 of the code. No showing has been made that 
the tax funds proposed for allocation to the George Bush Library will be used 
for any purpose stated in section 351.101.
DM-395 (RQ-840).
Request from the Honorable John B. Holmes, Jr. Harris County District Attorney 
201 Fannin, Suite 200 Houston, Texas 77002-1901, concerning whether the meetings 
of judges to perform statutory functions with respect to the management of a 
community supervision and corrections department are subject to the Open 
Meetings Act, chapter 551, Government Code.
Summary of Opinion.
The meetings of judges to perform statutory functions with respect to the 
management of a Community Supervision and Corrections Department are subject to 
the Open Meetings Act, chapter 551, Government Code.
TRD-9607261

Requests for Opinions
RQ-885. Request from the Honorable Ron Lewis, Chair, County Affairs, Texas House 
of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether 
a school board member who resigns but "returns" of a replacement is still a 
member of the board.
RQ-887. Request from the Honorable Judith Zaffirini, Chair, Health and Human 
Services, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning 
whether a county may invest its earnings from the Permanent School fund in 
"pass-through" mortgage backed securities, and related questions.
RQ-888. Request from Burton F. Raiford, Commissioner, Texas Department of Human 
Services, P.O. Box 12068, Austin, Texas 78711, concerning Use of annual leave by 
employees taking workers compensation benefits.
RQ-889. Request from Dr. Bruce A. Levy, Executive Director, Texas State Board of 
Medical Examiners, P.O. Box 2018, Austin, Texas 78768-2018, concerning Authority 
of the Board of Medical Examiners to authorize physicians and podiatrists to co-
own professional associations for the purpose of rendering their professional 
services. RQ-890. Request from Dr. Bruce A. Levy, Executive Director, Texas 
State Board of Medical Examiners, P.O. Box 2018, Austin, Texas 78768-2018, 
concerning Authority of the Board of Medical Examiners to regulate hyperbaric 
oxygen therapy.
RQ-891. Request from the Honorable Carl E. Lewis, Nueces County, Attorney, 901 
Leopard, Room 206, Corpus Christi, Texas 78401-3680, concerning termination of 
employees of a county attorney in a county which has adopted a civil service 
system pursuant to chapter 158, Local Government Code.
TRD-9607428