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 Opinion

LO-#97-012. Request from the Honorable Ken
 Armbrister, Chair, Committee on State Affairs, Texas State Senate, P.O. Box
 12068, Austin, Texas 78711, concerning whether the Edwards Aquifer Authority
 is authorized to borrow funds to cover a shortfall of operating funds and
 to repay the loan from permit fee revenues (ID# 39357).


SUMMARY. The Edwards Aquifer Authority is
 authorized to borrow funds to cover a shortfall of funds needed to organize
 the authority and to repay the loan from permit fee revenues pursuant to
 its enabling act and Water Code sec.36.157.


LO-#97-013. The Honorable Ken Armbrister,
 Chair, State Affairs Committee, Texas State Senate, P.O. Box 12068, Austin,
 Texas 78711, concerning whether car rental companies may collect a separate
 reimbursement charge for title and registration fees and ad valorem taxes
 paid on rental car fleet (ID # 39185).


SUMMARY. There was no legal prohibition prior
 to September 1, 1995, against the collection by car rental companies from
 car renters of a reimbursement charge for certificate of title and registration
 fees and property taxes paid on rental car fleet. Legislation effective
 September 1, 1995, expressly authorizes this practice. Assuming adequate
 disclosures were and are made, such practice appears lawful. Whether in
 a particular case, a company has complied with the law is outside the scope
 of an attorney general opinion.


TRD-9703067



Request for Opinions

ID #39361. Request from the Honorable Dan
 C. Clower, Walker County Attorney, 1100 University Avenue, Huntsville, Texas
 77340, regarding allocation of county funds for microfilming and indexing.

ID #39367. Request from Mr. Donald H. Hazelip,
 C.P.A., Eastland County Auditor, 100 West Main, Room 205, Eastland, Texas
 76448, regarding authority of a county auditor to pay certain legal expenses
 incurred by a sheriff.


ID #39385. Request from the Honorable Tom
 Maness, Criminal District Attorney, Jefferson County Courthouse, 1001 Pearl
 Street, 3rd Floor, Beaumont, Texas 77701-3545, regarding whether a navigation
 district must use competitive bidding procedures in contracting for labor
 and equipment.


ID #39389. Request from the Honorable Sherry
 L. Robinson, Waller County Criminal District Attorney, 836 Austin Street,
 Suite 103, Hempstead, Texas 77445, regarding authority to hear application
 for liquor licenses and permits under the Alcoholic Beverage Code.


ID #39396. Request from the Honorable Rick
 Perry, Commissioner, Texas Department of Agriculture, P.O. Box 12847, Austin,
 Texas 78711, regarding recovery on a public warehouseman's land under 
subchapter
 C, chapter 14, Agricultural Code.


ID #39417. Request from Mr. Carlos Lara,
 Dimmit County Auditor, 103 North 5th Street, Carrizo Springs, Texas 78834,
 regarding whether a county attorney may simultaneously serve on the board
 of directors of a county hospital.


ID #39418. Request from the Honorable Jose
 R. Rodriguez, El Paso County Attorney, County Courthouse, 500 East San Antonio,
 Room 203, El Paso, Texas 79901, regarding removal of appointees to a county
 purchasing board.


ID #39419. Request from the Honorable Lee
 Price Fernon, Baylor County Attorney, 101 South Washington, Seymour, Texas
 76380, regarding whether a county commissioner may simultaneously serve as
 an unpaid reserve deputy sheriff.


ID #39422. Request from Mr. Michael Criswell,
 Swisher County Attorney, Courthouse, Tulia, Texas 79088, regarding whether
 a school district may give monetary awards to students participating in a
drug testing program.


TRD-9703160