ATTORNEY GENERAL
Under provisions set out in the Texas Constitution, the Texas Government Code, 
Title 4, sec.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, please fax your request to (512) 462-0548 or call (512) 936-1730. To 
inquire about pending requests for opinions, phone (512) 463-2110.

Opinions
DM-478. (RQ-1040). Request from Mr. Delmar L. Cain, General Counsel, The Texas 
A&M University System, 301 Tarrow, 6th Floor, College Station, Texas 77843-1230, 
regarding whether recently enacted Government Code, sec.551.126, an Open 
Meetings Act provision authorizing governmental bodies to hold meetings by 
videoconference call, applies to a governing board of an institution of higher 
education, and related questions.
SUMMARY. Government Code, sec.551.126 permits any governmental body, including a 
governing board of an institution of higher education, to hold a meeting by 
videoconference call if a quorum is present in one location. Section 551.121 
permits a special called meeting of a governing board of an institution of 
higher education to be conducted by telephone conference call only if the 
meeting pertains to a matter requiring immediate action and it is difficult or 
impossible for a quorum to convene at one location. A governing body of an 
institution of higher education may not conduct a regular meeting by telephone 
conference call. A section 551.121 special called meeting may be transmitted by 
video if the video transmission uses telephone conference call technology or is 
used in addition to telephone conference call technology.
DM-479. (RQ-966). Request from the Honorable Alberto R. Gonzales, Secretary of 
State, Office of the Secretary of State, P.O. Box 12697, Austin, Texas 78711-
2697, regarding whether a corporation that intends to operate as a cooperative 
may incorporate under the Texas Non-Profit Act or must the corporation 
incorporate under the Cooperative Association Act.
SUMMARY. A corporation that calls itself a cooperative and purports to operate 
as a cooperative must incorporate under the Cooperative Association Act, 
V.T.C.S. art. 1396-50.01, and may not incorporate under the Texas Non-Profit 
Act, V.T.C.S. arts. 1396- 1.10 - 11.01. 
TRD-9810082
Filed: June 24, 1998

Request for Opinions
RQ-1141. Request from the Honorable Keith Oakley, Chair, Public Safety 
Committee, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-
2910, regarding Authority of the Department of Licensing and Regulation to 
promulgate height standards for gasoline pump credit card readers.
RQ-1142. Request from the Honorable Clyde Alexander, Chair, Committee on 
Transportation, Texas House of Representatives, P.O. Box 2910, Austin, Texas 
78768-2910, regarding Taxing authority of the Henderson County Rural Fire 
Prevention District No. 2.
RQ-1143. Request from Ms. Katherine A. Thomas, Executive Director, Board of 
Nurse Examiners for the State of Texas P.O. Box 430 Austin, Texas 78767-0430, 
regarding whether the administration of anesthesia by a certified registered 
nurse anesthetist constitutes the practice of nursing.
RQ-1144. Request from the Honorable Toby Goodman, Chair, Committee on Juvenile 
Justice and Family Issues, Texas House of Representatives, P.O. Box 2910, 
Austin, Texas 78768-2910, regarding whether a birth parent commits an offense 
under section 25.09, Penal Code, by advertising in the public media to provide a 
child for adoption, and related questions.
RQ-1145. Request from Mr. Tom Treadway, Executive Director, General Services 
Commission, P.O. Box 13047, Austin, Texas 78711-3047, regarding whether there is 
a conflict between two statutes regarding state technology purchases. 
RQ-1146. Request from the Honorable Jerry Patterson, Chair, Veterans Affairs and 
Military Installations Committee, Texas State Senate, P.O. Box 12068, Austin, 
Texas 78711, regarding Postponement of a tax protest hearing and related 
questions.
RQ-1147. Request from the Honorable William C. Sowder, Lubbock County Criminal 
District Attorney, P.O. Box 10536, Lubbock, Texas 79408-3536, regarding whether 
a constable may execute service of process to enforce the compulsory school 
attendance provisions of the Education Code.
TRD-9810081
Filed: June 24, 1998