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. Letter of Opinions LO-96-081 (ID# 38716) Request from The Honorable Tom Craddick, Chair, House Committee on Ways and Means, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether an appraisal review board member may serve as an alternate election judge in a municipal election, and related questions. Summary An appraisal review board member is not ineligible to serve as an alternate election judge in an election of a municipality when the election-judge appointment is limited to a single election. LO-96-082 (ID# 34701) Request from The Honorable Richard J. Roach, Roberts County, Attorney, 110 South Main, Miami, Texas 79059, concerning whether a county clerk may impose various fees for copying public records. Summary A county clerk shall charge one dollar per page for issuing a noncertified copy of each page or part of a page located in that office. That fee is authorized only where the clerk actually obtains the copy and submits it to the person who made the request and paid the fee. LO-96-083 (ID# 38857) Request from The Honorable Tom E. Maness, Criminal District Attorney, Jefferson County Courthouse, 1001 Pearl Street, Third Floor, Beaumont, Texas 77701-3545, concerning whether the filing of an application for school board trustee results in the automatic resignation of an individual from the office of justice of the peace. Summary A justice of the peace who, with more than one year remaining in his term as justice, files an application to become a candidate for trustee of an independent school district, automatically resigns the office of justice of the peace. LO-96-084 (ID# 38824) Request from The Honorable David Sibley, Chair, Economic Development Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the United States Postal Service's change in designation from "second-class" to "periodicals" class affects Texas law. Summary The United States Postal Service's change in name of classification of "second-class" mail to "periodicals" is fundamentally a name change. The "periodicals" mailing privileges have the same eligibility standards as those of the previously named "second-class" mailing privileges. After July 1, 1996, any reference to "second-class" should be construed to refer to "periodicals" class. LO-96-085 (ID# 38660) Request from The Honorable Jeb McNew Montague County Attorney P.O. Box 336 Montague, Texas 76251-0336, concerning use of county jail inmates to cut trees on private land in exchange for payment to the county of the proceeds from sale of the wood. Summary Local Government Code sec.351.201, establishing county jail industry programs, does not affect the prohibition in article 43.10, Code of Criminal Procedure, against using county prisoners to work on private property. LO-96-086 (ID# 36860) Request from Mr. Charles P. Kuratko, Chair, State Board of Examiners for Speech-Language Pathology and Audiology, 1100 West 49th Street, Austin, Texas 78756-3183, concerning whether article 4566-1.16A, which requires a business entity that is engaged in the fitting and dispensing of hearing instruments to file a bond, surety in lieu of bond, cash deposit, or other negotiable security, is applicable to a person who practices audiology pursuant to article 4512j, V.T.C.S. Summary Article 4566-1.19(4), V.T.C.S. exempts licensed audiologists and audiology interns who are engaged in fitting and dispensing hearing aids from the surety bonding requirements of article 4566- 1.16A, V.T.C.S., but does not exempt business enterprises composed of such licensed persons from such requirements. LO-96-087 (ID# 38803) 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 general-law municipality that disannexes territory within three years of the original annexation may discontinue water and sewer service to the disannexed territory in accordance with Local Government Code 43.033(b) or in accordance with Water Code sec.13.250(b). Summary Local Government Code sec.43.033(b) provides a special exception to Water Code sec.13.250(b) under which a municipality, whether the municipality is certificated or not, may discontinue service in connection with disannexation under sec.43.033. Consequently, a general-law municipality that disannexes territory under Local Government Code sec.43.033(b) may discontinue water and sewer service to the disannexed territory as provided in sec.43.033(b). LO-96-088 (ID# 24736) Request from Ms. Rachael Martin, Executive Director, Board of Law Examiners, P.O. Box 13486, Austin, Texas 78711-3486, concerning whether the Board of Law Examiners may refuse to recommend issuance of a probationary law license to a chemically dependent person under certain circumstances. Summary The Board of Law Examiners may not deny a probationary license to a person who passes the bar exam solely because the person suffers from chemical dependency. However, if the board has issued an order conditionally approving his or her character and fitness to practice law, and if the person has violated conditions attached to the order, the fact of such violation may be relevant to whether the person has the required moral character and fitness to practice law. LO-96-90 (ID# 38757) Request from Dr. Kenneth H. Ashworth, Commissioner Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, concerning whether, under Education Code sec.54.203, a member of the reserve components of the United States armed forces who has been honorably separated from active duty but not discharged from the reserve is exempt from various dues, fees, and charges at an institution of higher education. Summary A reservist who was on active duty during the Persian Gulf War and who has been honorably separated from active duty is eligible for exemption from the payment of various dues, fees, and charges at an institution of higher education under Education Code sec.54.203. The reservist must, of course, satisfy the other requirements listed in sec.54.203 to actually receive the exemption. LO-96-091 (ID# 36911) The Honorable Pat Phelan, Hockley County Attorney, County Courthouse, Box 11, Levelland, Texas 79336, concerning whether an assistant juvenile probation officer may simultaneously hold the elective office of constable. Summary A juvenile probation officer may not simultaneously hold the office of constable. LO-96-092 (ID# 34644) Request from The Honorable Jose Rodriguez, El Paso County Attorney, County Courthouse, 500 East San Antonio, Room 203, El Paso, Texas 79901, concerning authority of the El Paso County Commissioners Court with respect to the El Paso County Hospital District. Summary Health and Safety Code sec.281.050, which authorizes the board of managers of a hospital district in a county of population of at least 190,000 to take various actions "with the approval of the commissioners court" does not include service contracts in its coverage, including those for doctors and other staff engaged under sec.281.028 of the code. The commissioners court, in the absence of other provisions expressly requiring specific commissioners court approval of a board action under sec.281.050, has flexibility under that section to adopt reasonable policies as to whether its specific approval shall be required for various kinds of board actions, or whether general approval will suffice, and the form that such approvals must take. So long as it is reasonable, the commissioners may adopt a policy approving the board's entering contracts under sec.281.050 under certain dollar amounts without the need for further specific approval by the commissioners court, unless, the contract in question is also subject to a provision requiring specific commissioners court approval. The commissioners court may consider the hospital district budget at one of its regular, regularly noticed, meetings. LO-96-093 (ID# 38712) The Honorable Tim Cone, Criminal District Attorney, Upshur County Justice Center, 405 North Titus Street, Gilmer, Texas 75644, concerning whether a tax assessor-collector may refuse to issue a certificate of title if the applicant refuses to divulge his social security number. Summary By the terms of sec.27a of article 6687-1, V.T.C.S., now repealed and recodified as chapter 501 of the Transportation Code, a county tax assessor-collector may refuse to issue a title receipt to an applicant who refuses to disclose his or her social security number. Such a request for disclosure does not violate sec.7(a) of the Privacy Act of 1974. However, under the terms of sec.7(b) of the Privacy Act, the assessor-collector must, when requesting the social security number, "inform [the applicant] whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it." LO-96-097 (ID# 39085) Request from Mr. Douglas K. Brown, Executive Director, Texas Veterans Commission, P.O. Box 12277, Austin, Texas 78711-2277, concerning clarification of Letter Opinion Number 96-090 (1996). Summary All veterans honorably separated from active duty during the periods enumerated in sec.54.203(a)(4) of the Education Code, and not only those who fall under sec.54.203(a)(4)(E), are eligible, supposing they satisfy the other requirements of the section, for its exemption from the payment of dues, fees, and charges at an institution of higher education. LO-96-098 (ID# 38763) Request from The Honorable Mike Driscoll, Harris County Attorney, 1001 Preston, Suite 634 Houston, Texas 77002-1891, concerning whether a justice court may issue a tax warrant under Tax Code sec.33.22(a) in excess of $5,000. Summary Tax Code sec.33.22(a) does not provide a justice court with any jurisdiction beyond that granted in the constitution and Government Code sec.27.031(a)(1). A justice court may not, therefore, issue a tax warrant in any case in which the amount of delinquent taxes exceeds $5,000. LO-96-099 (RQ-880) Request from The Honorable Tracey Bright Ector County Attorney Ector County Courthouse, Room 218 Odessa, Texas 79761, concerning whether a local taxing authority may, without foreclosing on the property, accept an amount that is less than the total amount of delinquent taxes owed on real property with "serious environmental problems." Summary In the absence of a constitutional provision to the contrary, article III, section 55 of the Texas Constitution prohibits a taxing unit from reducing the amount of delinquent taxes owed on real property with hazardous waste problems. LO-96-100 (RQ-891) Request from The Honorable Carl E. Lewis, Nueces County Attorney, 901 Leopard, Room 206, Corpus Christi, Texas 78401-3680, concerning whether a county civil service commission may, by rule, include within the county's civil service system the personnel of a county attorney's office even though Government Code sec.41.105 deems the county attorney's personnel terminable at will. Summary Government Code sec.41.105, which deems all personnel of a county attorney's office terminable at will, prevails o ver Local Government Code chapter 158, which provides for a civil service system for county employees generally. Consequently, a county civil service commission may not adopt a rule including within the county's civil service system employees or officers of the county attorney's office. TRD-9616152 Letter of Opinions LO-96-089 (ID# 38952). The Honorable J. E. "Buster" Brown, Chair, Natural Resources Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711, concerning whether the Texas Natural Resources Conservation Commission may award a grant to a tire recycling facility constructed prior to the effective date of Senate Bill 776, Act of May 29, 1995, 74th Legislature, Regular Session, Chapter 317, 1995 Texas Session Law Serv. 2723. Summary The awarding of a grant under Senate Bill 776 to a recycling facility constructed prior to September 1, 1995, is consistent with the bill's intent. The rule promulgated by the Texas Natural Resource Conservation Commission volume 30, Texas Administrative Code, sec.330.984(a) is therefore valid. LO-96-094 (ID# 39054). The Honorable Debra Danburg, Chair Committee on Elections, Texas House of Representatives, PO Box 2910, Austin TX 78768-2910, concerning eligibility under the Election Code of person who voted in political primary election to file ballot application as candidate aligned with a different party in special election in same voting year. Summary A person who voted in a political party's primary election is eligible to file a ballot application stating that the person is aligned with a different party for the purpose of becoming a candidate in a special election to be held in the same voting year to fill a vacancy in the Texas Senate. LO-96-096 (ID# 38856). The Honorable Mark Stiles, Chair, Calendars Committee, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78769, concerning whether, Code of Criminal Procedure, Chapter 59, authorizes a law enforcement agency to purchase and own certain property. Summary A county sheriff may use proceeds derived from Code of Criminal Procedure, Chapter 59, to purchase and take title to personal property to be used for law enforcement purposes, so long as the procedural requirements of Chapter 59 are followed. TRD-9616225