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 98-001 (ID# 39608). Request from the Honorable
 Steven C. Hilbig, Bexar County Criminal District Attorney, Bexar County Justice
 Center, 300 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, concerning
 whether Tax Code sec.312.402(d) precludes a commissioners court from entering
 into a tax abatement agreement with a corporation in which a commissioners
 court member owns a very small percentage of shares.


SUMMARY. Tax Code sec.312.402(d) does 
not preclude a commissioners court from entering into a tax abatement agreement
 with a corporation merely because a commissioners court member owns a very
 small percentage of shares in the corporation or the corporation's parent
 or because a commissioners court member invests in the corporation by way
 of a mutual fund.


TRD-9800938


Opinion

DM-465 (RQ-942). Dr. Mike Moses, Commissioner
 of Education, Texas Education Agency, 1701 North Congress Avenue, Austin,
 Texas 78701-1494, Dr. Jack Christie, Chair, State Board of Education, 1701
 North Congress Avenue, Austin, Texas 78701-1494, concerning State Board of
 Education adoption of sex education curriculum and textbooks.


SUMMARY. The State Board of Education may
 not establish as part of a foundation curriculum subject the essential 
knowledge
 and skills ("TEKS") for instruction in human sexuality, sexually transmitted
 diseases, the human immunodeficiency virus, or acquired immune deficiency
 syndrome. Any human sexuality TEKS adopted by the board as part of an 
enrichment
 curriculum subject must be consistent with the sex education mandates set
 out in Education Code sec.28.004. If the board adopts TEKS for an enrichment
 subject that includes human sexuality, the board may adopt a textbook for
 the subject that does not contain the elements of human sexuality set out
 in sec.28.004 provided at least half of the TEKS elements for the subject
 are included in the book. A local school district may select a textbook 
that contains material inconsistent with the locally determined sex education
 instructional plan provided any materials used in the course of instruction
 are consistent with the local instructional plan.


TRD-9800939


Request for Opinions

RQ-1060. Request from the Honorable David
 Sibley, Texas Senate, P.O. Box 12068, Austin, Texas 78711, concerning
 use of "eight-liners" under sec.47.01(4), Penal Code.


RQ-1061. Request from the Honorable
 Scott W. Rosekrans, Criminal District Attorney, San Jacinto County, P.O.
 Box 430, Coldspring, Texas 77331, concerning whether a commissioners court
 is required to fill a vacancy in the office of justice of the peace.


TRD-9800952


Open Records Request

ORQ-26 (ID# 111842). Request from Mr. Jim
 Loyd, Acting Executive Director, Texas Health Care Information Council, 4900
 North Lamar Boulevard, Room 3407, Austin, Texas 78751-2399, concerning whether
 Physician Payment Arrangements collected or maintained by the Texas Health
 Care Information Council pursuant to Health and Safety Code sec.108.009
 constitute information considered to be confidential by law by reason of
 their designation as confidential if colleted or maintained by the Commissioner
 of Insurance pursuant to Insurance Code Article 20A.04.


TRD-9800749