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.

Request for Opinions

ID# 39270. Requested by The Honorable Bobby Lockhart, Bowie County Criminal
 District Attorney, P.O. Box 3030, Texarkana, Texas 75504, concerning authority
 of a commissioners court to allocate funds collected for records management
 and preservation.


ID# 39272. Requested by The Honorable Marcus Taylor, Wood County Criminal
 District Attorney, P.O. Box 689, Quitman, Texas 75783, concerning whether
 an appraisal district may retain tax certificate monies as a credit toward
 the appraisal district collection budget.


ID# 39277. Requested by The Honorable Jeffrey D. Herrington, Anderson County
 Criminal District Attorney, 500 North Church Street, Palestine, Texas 75801,
 concerning whether a driver who is charged only with "failure to yield right
 of way" is eligible to take a drivers safety course in accordance with 
sec.543.102,
 Texas Transportation Code.


ID# 39286. Requested by The Honorable Andrew Sansom, Executive Director,
 Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas
 78744, concerning authority of the Franklin County Water District to require
 a permit to operate as a fishing guide on Lake Cypress Springs.


ID# 39287. Requested by The Honorable Lane Arthur, Coke County Attorney,
 P.O. Box 55, 13 East Seventh Street, Robert Lee, Texas 76945, concerning
 authority of a commissioners court to expend county bond funds for construction
 of a road entirely within a municipality.


ID# 39292. Requested by The Honorable Rodney Ellis, Texas Senate, P.O.
Box 12068, Austin, Texas 78711, concerning foreclosure authority of a property
 owners association under sec.204.010, Property Code.


ID# 39293. Requested by The Honorable Jaime Esparza, El Paso County District
 Attorney, 201 County Building, El Paso, Texas 79901, concerning terms of
 the 168th and 205th District Courts.


TRD-9618649