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-#98-003. Request from the Honorable Joe
 F. Grubbs, Ellis County, and District Attorney Ellis County, Courthouse,
 Waxahachie, Texas, 75165-3759, regarding whether Natural Resources Code section
 31.309 applies to certain Ellis County land sales (RQ-1031).


SUMMARY. Natural Resources Code section 31.309
 does not apply to the sale of former superconducting super collider land
 transferred to Ellis County by the United States Department of Energy.


LO-#98-004. Request from the Honorable Thomas
 B. Sehon, Falls County District Attorney, P.O. Box 413, Marlin, Texas, 76661,
 regarding whether a justice of the peace located twenty miles from county
 depository may have his or her local bank wire the county funds to the county
 treasurer's account in the depository (RQ-959).


SUMMARY. A justice of the peace may have
 county funds wired from his or her local bank to the treasurer's account
 in the county depository unless the county auditor has adopted regulations
 restricting such a practice.


LO-#98-005. Request from the Honorable Chris
 Harris, Chair, Administration Committee, Texas State Senate, P.O. Box 12068,
 Austin, Texas, 78711, regarding whether a company offering comprehensive
 complaint investigations must be licensed by the Texas Board of Private 
Investigators
 and Private Security Agencies (RQ-980).


SUMMARY. The exception from the licensing
 requirements of the Private Investigators and Private Security Agencies Act,
 V.T.C.S. article 4413(29bb), for "an attorney-at-law in performing his duties"
 applies to an attorney performing investigative work in connection with the
 practice of law.


LO-#98-006. Request from the Honorable William
 P. Smith, Briscoe County Attorney, P.O. Box 119, Silverton, Texas 79257,
 regarding whether a county commissioners court, in distributing the corpus
 of the county permanent school fund pursuant to article VII, section 6b of
 the Texas Constitution, should take into account the distribution of a 
neighboring
 county's fund, and related questions (RQ-997).


SUMMARY. A county commissioners court, in
 distributing the corpus of the county permanent school fund pursuant to article
 VII, section 6b of the Texas Constitution, should not take into account the
 distribution of a neighboring county's fund.


LO-#98-007. Request from the Honorable Joe
 F. Grubbs, Ellis County, and District Attorney, Ellis County Courthouse,
 Waxahachie, Texas, 75165-3759, regarding whether Local Government Code section
 381.004 authorizes a commissioners court to provide funds to a small business
 development center (RQ-960).


SUMMARY. Local Government Code section 381.004
 does not authorize a commissioners court to appropriate funds to a small
 business development program that was not developed by the county and is
 not administered either by the county or by another entity under contract
 with the county.


TRD-9802440