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.

Requests for Opinion

LO-#97-046. Request from the Honorable
 Fred Hill, Chair, Committee on Urban Affairs, Texas House of Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, regarding whether a city has violated
 the Plumbing License Law, V.T.C.S. art. 6243-101, or misappropriated public
 funds by providing certain services to city residents (ID# 39397).


SUMMARY. City employees are precluded from
 performing plumbing work unless they are licensed under the Plumbing License
 Law or exempt from licensure under that act. Article III, section 52(a) of
 the Texas Constitution does not preclude a city from performing services
 that are necessary for the direct accomplishment of a legitimate public purpose
 and only incidentally benefit private interests.


LO-#97-047. Request from the Honorable
 David Counts Chair, Committee on Natural Resources, Texas House of 
Representatives,
 P.O. Box 2910, Austin, Texas 78768-2910, regarding whether a former regent
 of the Texas State Technical College System may be appointed executive officer
 of the system (ID# 39533).


SUMMARY. A former member of the Board of
 Regents of the Texas State Technical College System is eligible to be appointed
 executive officer of the system, provided his successor as regent has qualified
 for and taken the oath of office prior to the appointment.


LO-#97-048. Request from the Honorable
 Robert T. Jarvis, Grayson County Attorney, Justice Center, Suite 116A, Sherman,
 Texas 75090, regarding whether an escrow deposit required of a developer
 by a home-rule city is an impact fee (ID# 39009).


SUMMARY. The escrow fee mandated by Ordinance
 No. 2684 of the City of Sherman, Texas is not an impact fee within the meaning
 of Local Government Code section 395.001(4).


LO-#97-049. Request from the Honorable
 Jos‚ R. Rodriguez, El Paso County Attorney, 500 East San Antonio,
 Room 203, El Paso, Texas 79901, regarding whether a school district is 
authorized
 to pay legal defense costs incurred by an employee in a criminal proceeding
 (ID# 39382).


SUMMARY. Common law recognized by this office
 authorizes a school district to employ counsel to defend a school district
 employee in a criminal proceeding if the board of trustees determines in
 good faith that the legitimate interests of the school district require the
 assertion of a vigorous legal defense. A school district is not authorized
 under the common law to reimburse an employee for legal expenses after the
 expenses have been incurred. In order to pay counsel with local school funds,
 the board of trustees must determine that employment of counsel to represent
 the employee in a criminal proceeding is a "service necessary in the conduct
 of the public schools," Education Code 45.105(c).


LO-#97-050. Request from the Honorable
 James M. Kuboviak, Brazos County Attorney, 300 East 26th Street, Suite Number
 325, Bryan, Texas 77803, regarding whether a bail bond board may grant a
 license to an applicant who will do business under an assumed name recently
 abandoned by another licensee, and related questions (ID# 39375).


SUMMARY. A bail bond board is not authorized
 to require a licensee who changes his or her business name during the period
 of a license to apply for a new or amended license. A board may take action
 to suspend or revoke the license of a licensee who changes his or her business
 name on the basis of the change only if the licensee made a false statement
 or misrepresentation regarding the business name in the application or in
 a hearing before the board. A board is not precluded from granting a license
 to a person on the basis that the business name listed in the person's 
application
 is the same as an assumed name recently abandoned by another licensee.


LO-#97-051. Request from the Honorable John
 W. Smith Ector, County District Attorney, 300 North Grant, Room 305, Odessa,
 Texas 79761, regarding whether a county commissioners court is authorized
 to create a new position in the middle of a fiscal year (ID# 39410).


SUMMARY. If an emergency exists, Local Government
 Code section 111.010, subsection (c) permits a commissioners court to amend
 the budget to provide funds for the salary of a position created in the middle
 of the fiscal year. Subsection (d) of section 111.010 authorizes budget 
amendments
 to transfer funds between existing budgeted items on a nonemergency basis;
 it does not permit a commissioners court to amend the budget to transfer
 funds from an existing budgeted item to an unbudgeted item. Local Government
 Code section 111.011 does not authorize a commissioners court to change or
 amend a budget without complying with section 111.010.


LO-#97-052. Request from the Honorable
 Dickie Geries, Chair, Texas Agricultural Finance Authority, P.O. Box 12847,
 Austin, Texas 78711, regarding whether common-law conflict of interest rules
 prohibit a bank that employs a Texas Agricultural Finance Authority board
 member from participating in the linked deposit program (ID# 39160).


SUMMARY. A member of the Texas Agricultural
 Finance Authority employed by a bank would have a pecuniary interest in the
 bank's linked deposit contracts entered into under sections 44.007 through
 44.010 of the Agriculture Code such that common-law conflict of interest
 rules would invalidate the contracts. Accordingly, a bank that employs a
 board member of the authority may not participate in the linked deposit 
program.

TRD-9706550



ID-# 39519. Request from the Honorable Fred
 Hill, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910,
 regarding eligibility of three individuals to serve as members of the Fire
 Fighters and Police Officers Civil Service Commission of the City of Cleburne
 and related questions.


TRD-9706512



RQ-936. Request from the Honorable J. E.
"Buster" Brown, Chair, Natural Resources Committee, Texas State Senate, P.O.
 Box 12068, Austin, Texas 78711-2068, regarding Constitutionality of chapter
 29, of the Texas Property Code, which provides for the forced sale of an
 owner's interest in certain real property for property taxes paid by a co-owner
 on the owner's behalf.


TRD-9706511


DM-439. (RQ-921) Request from the Honorable
 Richard J. Miller, Bell County Attorney, P.O. Box 1127, Belton, Texas 76513,
 regarding whether a juvenile court's authority under Family Code section
 51.12(b) to "control the conditions and terms of detention and detention
 supervision" supersedes the terms of a county contract with a private 
corporation
 regarding the operation of the county juvenile detention facility.


SUMMARY. Family Code section 51.12(b) vests
 a county juvenile court with authority over county juvenile detention 
facilities
 separate and apart from the authority of the juvenile board and commissioners
 court. A county contract with a private corporation regarding the operation
 of a juvenile detention facility is void to the extent it conflicts with
 section 51.12(b).


TRD-9706551