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.

Note: The Office of the Attorney General submitted notices
 of Opinions DM406 and DM407 for publication in the August 13, 1996, Texas
 Register (21 TexReg 7619). Due to an error by the Texas Register, part of
 the text for the opinions was omitted. The notices are reprinted here as
 follows.


Opinions

DM-406. Concerning whether an independent
 school district board member who resigns may withdraw the resignation before
 his or her successor qualifies for office (RQ-885).


SUMMARY An independent school district board
 member's written, signed resignation that has been delivered to the school
 board is effective upon its acceptance by the school board or on the eighth
 day after the date of its receipt by the school board, whichever occurs 
earlier.
 A resignation may not be withdrawn after it becomes effective. Although the
 board member whose resignation has become effective must hold over until
 his or her successor qualifies for office, the board member's holdover status
 does not permit the board member to withdraw the resignation.


DM-407. Concerning whether a trial judge
 who, in accordance with Code of Criminal Procedure article 42.12, places
 a defendant on community supervision may allocate money the defendant is
 to pay as fees, costs, and fines as the judge chooses and related question
 (RQ-802).


SUMMARY Article 42.12, sec.11 of the Code
 of Criminal Procedure prevails over other statutes requiring a convicted
 defendant to pay certain costs, fees, and fines. Of course, sec.19(a) of
 article 42.12 requires the judge to fix a fee to be allocated towards the
 cost of providing facilities, equipment, and utilities for a community 
corrections
 facility. Pursuant to article 42.12, sec.11(a)(8) of the Code of Criminal
 Procedure, the court with jurisdiction over a convicted defendant who is
 being placed on community supervision may, but need not, impose upon the
 defendant a requirement that the defendant pay court costs that are otherwise
 statutorily required. A trial judge may order that fees collected from a
 defendant placed on community supervision be allocated entirely for the 
purposes
 set forth in article 42.12, sec.19. The total amount of the fees allocated
 for the purposes articulated in section 19 may not exceed the maximum stated
 in that section, however. Any amount collected that is greater than that
 permitted in section 19 must be allocated to other purposes the judge has
 found will protect or restore the community, protect or restore the victim,
 or punish, rehabilitate, or reform the defendant. Furthermore, the clerk
 of a sentencing court must allocate the payment made by the defendant who
 is placed on community supervision in accordance with the trial
 judge's order. Attorney General Opinion MW-184 (1980) is overruled to the
 extent it conflicts with this opinion.


TRD-9611273



Open Records Request

ORQ-19. Request from Tom Treadway, Executive
 Director, General Services Commission, P.O. Box 13047, Austin, Texas 78711-
3047,
 concerning whether counties may charge a fee for on line access to public
 information under section 552.272 of the Government Code, which provides
 parameters under which a governmental body may charge for access to and copies
 of electronically maintained public information, or under sec.191.008 of
 the local Government Code, which authorizes a county to establish a 
computerized
 electronic information system and set a reasonable fee use of the system
 (ID# 101064-96).


TRD-9611786