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-97-102 (ID#39621). Request from the Honorable Tim Curry, Criminal District Attorney, Tarrant County Justice Center, 401 West Belknap Fort Worth, Texas 76196-0201, concerning whether a county bail- bond board may require an applicant or a renewing licensee to provide either title insurance or a title opinion if the applicant or licensee uses real property to secure the payment of any bail-bond obligation the applicant or licensee may incur. SUMMARY. A county bail-bond board may not require an individual applicant for a bondsman's license to procure either a title opinion or title insurance for any, real property the individual will convey in trust to the board to secure future bond forfeitures. LO-97-103 (ID#39465). Request from the Honorable Jack Skeen, Jr., Smith County Criminal District Attorney, Smith County Courthouse, Tyler, Texas 75702, concerning Authority of personal bond office to report findings to magistrate. SUMMARY. A personal bond office created pursuant to Code of Criminal Procedure article 17.42 may report its findings on a defendant to the court before which the defendant's case is pending. For purposes of article 17.42, a case is pending before the court in which the complaint was filed or to which the case is transferred for further proceedings. LO-97-104 (RQ958). Request from the Honorable Cindy Maria Garner, District Attorney, 349th Judicial District, P.O. Box 1076, Crockett, Texas 75835, concerning whether a person who creates and distributes a do-it-yourself kit for inmates' use in proceedings before the Board of Pardons and Parole is engaged in the unauthorized practice of law. SUMMARY. This office cannot determine whether a person who creates a do-it-yourself kit for inmates' use in parole proceedings practices law in violation of Government Code section 81.101. First, whether a service requires use of legal skill or knowledge for purposes of section 81.101, subsection (a) will depend upon the facts. In addition, subsection (b) of section 81.101 recognizes the authority of the judicial branch to determine what constitutes the practice of law on a case-by-case basis, unconfined by statute. Thus, even if this office had full knowledge of all the relevant facts and could determine whether certain conduct falls within subsection (a), this office could not definitively resolve whether the conduct constitutes the practice of law. LO-97-105 (ID#39583). Request from Mr. Mark Littleton, Executive Director, State Board for Educator Certification, 1001 Trinity, Austin, Texas 78701, concerning whether the State Board for Educator Certification is required to use the State Office of Administrative Hearings to conduct all administrative hearings in contested cases before the agency under chapter 2001, Government Code. SUMMARY. The State Board of Educator Certification has the choice of either employing in-house hearings officers whose sole duty is to hear contested cases to conduct such proceedings, or using the hearings officers provided by the State Office of Administrative Hearings. LO-97-105 (ID#39583). Request from Mr. Mark Littleton, Executive Director, State Board for Educator Certification, 1001 Trinity, Austin, Texas 78701, concerning whether the State Board for Educator Certification is required to use the State Office of Administrative Hearings to conduct all administrative hearings in contested cases before the agency under chapter 2001, Government Code. SUMMARY. The State Board of Educator Certification has the choice of either employing in-house hearings officers whose sole duty is to hear contested cases to conduct such proceedings, or using the hearings officers provided by the State Office of Administrative Hearings. LO-97-106 (ID# 39611). Request from Mr. Robert Marquette, Acting Executive Director, Texas Workers' Compensation Commission, Southfield Building, MS-4D, 4000 South IH-35, Austin, Texas 78704, concerning Interpretation of Texas Labor Code section 412.008(b). SUMMARY. Nothing in the language of section 412.008(b) of the Labor Code, concerning the formula for costs to be paid by a state agency to the State Risk Management Division of the Workers' Compensation Commission under an interagency contract for risk management services, restricts the liability exposure or cost of claims and losses used in that formula to those "which arise from incidents within the agency's control." The State Risk Management Division, in calculating such costs, is not estopped from assessing them in full because its agents or representatives may have waived some part of them in the past. LO-97-107 (ID# 39457). The Honorable James Warren Smith, Jr., Frio County Attorney, 500 East San Antonio Street, Box 1, Pearsall, Texas 78061-3100, concerning Disposition of state payment to county for transporting prisoners to Texas Department of Criminal Justice. SUMMARY. The Frio County sheriff's department has received payment from the state for transporting prisoners to the Texas Department of Criminal Justice in excess of the mileage payment to the constable who actually performed the service. The excess payment from the state represents compensation and must be deposited in the county treasury pursuant to section 113.021 of the Local Government Code. TRD-9716585 Request for Opinions RQ-1032. Requested from The Honorable Rayford A. Ratliff, Moore County Attorney, 715 Dumas Avenue, Courthouse, Room #208, Dumas, Texas 79029, concerning whether sec.41.011, Government Code, which authorizes a county attorney to conduct a private law practice, is applicable to an assistant county attorney. RQ-1033. Requested from The Honorable Pete P. Gallego, Chair, Committee on General Investigating, Texas House of Representative, P.O. Box 2910, Austin, Texas 78768-2910, concerning whether a Dallas city council member whose wife is employed by American Airlines may participate in matters involving the use of Love Field. RQ-1034. Requested from Mr. Gilbert Kissling, Administrator, Texas State Board of Plumbing Examiners, P.O. Box 4200, Austin, Texas 78765, concerning adoption of plumbing codes by a municipality under sec.5B(b) of article 6243-101, V.T.C.S. RQ-1035. Requested from The Honorable Buster Brown, Chair, Natural Resources Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, concerning authority of a school district to regulate interviews conducted on school premises by the Department of Protective and Regulatory Services. RQ-1036. Requested from Mr. Doyne Bailey, Administrator, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127, concerning whether two companies may alternate control of a facility licensed to manufacture beer. RQ-1037. Requested from The Honorable Michael J. Guarino, Galveston County Criminal District Attorney, 722 Moody, County Courthouse, Galveston, Texas 77550, concerning whether a member of a governmental body who participated in an executive session of a public meeting is entitled to copy the tape recording of that closed session. TRD-9716524