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 Opinions

LO-97-081 (ID# 39419). Request from the Honorable
 Lee Price Fernon, Baylor County Attorney, 101 South Washington, Seymour,
 Texas 76380. Request from the Honorable Dib Waldrip, Criminal District 
Attorney,
 150 North Seguin, Suite 318, New Braunfels, Texas 78130-5113, concerning
 whether a county commissioner may also serve as a reserve deputy sheriff.

SUMMARY Neither Article XVI section 40 of
 the Texas Constitution nor the common-law doctrine of incompatibility prohibits
 a county commissioner from also serving as a reserve deputy sheriff.


LO-97-082 (ID# 38631). Request from the Honorable
 John Vance, Dallas County District Attorney, Frank Crowley Courts Building,
 LB 19, Dallas, Texas 75207-4399, concerning computer signature on arrest
 warrants and affidavits.


SUMMARY Dallas County may utilize a computer
 system to prepare affidavits and arrest warrants and to transfer them among
 the public officers and employees who have responsibilities connected with
 these documents. A judge may "sign" an arrest warrant by personally entering
 a computer graphic of his signature on the warrant in the computer system.
 A magistrate may issue a warrant based upon a computer facsimile of an 
affiant's
 signature, assuming that the affiant orally swears to the truth of the 
affidavit
 and signs it in the magistrate's presence.


LO-97-083 (ID# 39509). Request from the Honorable
 Jill Cornelius, Matagorda County Attorney, 1700 Seventh Street, Bay City,
 Texas 77414-5034, concerning employee's use of an official vehicle assigned
 to a district attorney's office.


SUMMARY Request from the wife of the chief
 investigator for the District Attorney of Matagorda County, who is also an
 employee of the district attorney, may ride as a passenger commuting to and
 from work in an official vehicle assigned to the chief investigator without
 it being considered a misuse of government property.


LO-97-084 (ID# 39287). Request from the Honorable
 Lane Arthur, Coke County Attorney, P.O. Box 55, 13 East Seventh Street,
 Robert Lee, Texas 76945, concerning whether a county commissioners court
 may expend county funds for the construction, improvement, maintenance, or
 repair of streets within a municipality.


SUMMARY A commissioners court does not have
 authority under sec.251.012 to expend county funds for the construction,
 improvement, or repair of a street or alley, within an incorporated 
municipality,
 that is not an "integral part" of or a "connecting link" with the county
 roads or highways.


LO-97-085 (ID# 39442). Request from the Honorable
 John L. Hutchison, Hansford County Attorney, P.O. Box 506, Spearman, Texas
 79081, concerning commissioners court's authority over construction and 
operation
 of a concentrated animal feeding operation.


SUMMARY A commissioners court has no specific
 authority with respect to a concentrated animal feeding operation ("CAFO").
 A county does have authority to enforce environmental pollution laws in general
 under the provisions of the Health and Safety Code and the Water Code. A
 county has very limited authority to regulate the actual construction and
 operation of a CAFO or similar facility, however, under those provisions.
 Generally, the Texas Natural Resource and Conservation Commission is the
 state agency with authority to issue permits for construction and operation
 of a CAFO facility. A county's role is generally limited to opposing issuance
 of such permit.


LO-97-086 (ID# 39334). Request from the Honorable
 Dennis Cadra, Andrews County Attorney, 109th Judicial District, Andrews County
 Courthouse, Andrews, Texas 79714, concerning whether lesser included offense
 for class C misdemeanor traffic violation may be submitted in a justice or
 municipal court or on de novo appeal in a county court.


SUMMARY The offense of speeding may be submitted
 as a lesser included offense of excessive speeding.


TRD-9713023