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
LO #98-046. (RQ-1075). Request from The Honorable Joe Frank Garza, District 
Attorney, 79th Judicial District of Texas, P.O. Drawer 3157, Alice, Texas 78333, 
regarding whether the board of an independent school district may hire as a 
teacher the spouse of a trustee.
SUMMARY. A school district may not hire as a teacher (as opposed to a substitute 
teacher) the spouse of one of the district's trustees where the spouse was not 
employed by the district when the trustee-spouse assumed office.
LO #98-047. (RQ-1043). Request from Mr. Wayne Scott, Executive Director, Texas 
Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342-4004, 
regarding whether Texas Department of Criminal Justice may adopt policy of 
mandatory tuberculosis screening of all employees and volunteers 
SUMMARY. The Texas Department of Criminal Justice may adopt a policy of 
mandatory tuberculosis screening of department employees and volunteers pursuant 
to sec.501.060(a) of the Government Code, subject to constitutional prohibitions 
against unreasonable searches and seizures. 
LO #98-048. (RQ-1124). Request from The Honorable Tom Maness, Criminal District 
Attorney, Jefferson County, P.O. Box 2553, Beaumont, Texas 77704, regarding 
whether a member of the Pleasure Island Commission may be appointed to the Parks 
Board of Jefferson County.
SUMMARY. A member of the Pleasure Island Commission may not be appointed to the 
Board of Park Commissioners of Jefferson County. 
LO #98-049. (RQ—1063). Request from The Honorable Charles R. Matthews, 
Chair, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, 
regarding whether the Railroad Commission is authorized to refund certain fees 
paid pursuant to Natural Resources Code sec.113.244 and related questions.
SUMMARY. The comptroller is authorized to refund fees collected by the Railroad 
Commission through mistake of fact or law, subject to the limitations of 
Government Code sec.403.077. 
LO #98-050. (RQ-1091). Request from Mr. Mike Moses, Commissioner, Texas 
Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, 
regarding liability of independent school district for taxes collected in excess 
of maximum maintenance tax rate adopted by voters.
SUMMARY. The board of trustees of a school district may not levy a maintenance 
tax at a rate greater than the rate authorized by the majority of the qualified 
voters of the district, voting at an election held for that purpose, and if it 
attempts to do so, the tax is illegal. A person who pays an illegal tax 
voluntarily has no valid claim for its repayment. A taxpayer may show that 
payment of an ad valorem tax is involuntary pursuant to section 31.115 of the 
Tax Code by indicating on the instrument by which the tax is paid or in a 
accompanying document that the tax is paid under protest.
TRD-9810316
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: June 30, 1998