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.

Letter Opinions
LO# 98-068 (RQ-1106). Request from The Honorable John W. Segrest, Criminal 
District Attorney, McLennan County 219 North Sixth Street, Suite 200, Waco, 
Texas 76701, concerning whether a county bail bond board is authorized to 
regulate bondsmen's use of certain assumed names and related questions.
Summary. As a general matter, a county bail bond board does not have the 
authority to regulate bondsmen's use of assumed names. A bail bond board does 
have the authority to suspend or revoke the license of an individual bondsman 
who uses as an assumed name the name of an unlicensed person with whom the 
bondsman shares or pays commissions or fees. A court might approve a carefully 
crafted rule prohibiting such business relationships. A corporate bail bond 
licensee is not authorized to operate under an assumed name unless expressly 
authorized to do so by the Insurance Code or Department of Insurance 
regulations. This limitation on the authority of a corporate surety to operate 
under an assumed named extends to its licensed agents. 
LO# 98-069 (RQ-1096). Request from The Honorable James Warren Smith, Jr., Frio 
County Attorney, Box 1, Pearsall, Texas 78061-3100, Concerning jurisdiction of 
juvenile court after expiration of period of deferred prosecution probation. 
Summary. Deferred prosecution probation pursuant to section 53.03 of the Family 
Code may not be revoked on account of an offense or offenses committed after the 
expiration of the probationary period.
LO# 98-070 (RQ-1089). Request from The Honorable Tom O'Connell, Criminal 
District Attorney, Collin County Courthouse, 210 South McDonald, Suite 324, 
McKinney, Texas 75069, concerning whether a home-rule municipality is authorized 
to create a retirement plan without holding an election.
Summary. Government Code section 810.001 authorizes a home-rule municipality to 
establish and maintain a plan qualified under section 401(a) of the Internal 
Revenue Code without obtaining voter approval as required by article 6243k, 
V.T.C.S.
LO# 98-071 (RQ-1093). Request from The Honorable Tim Curry, Criminal District 
Attorney, 401 West Belknap Street, Fort Worth, Texas, 76196-0201, concerning 
whether, under Local Government Code section 351.0415(b)(3), a sheriff must 
rebid a contract with a third party to operate the jail commissary every five 
years.
Summary. Local Government Code section 351.0415(b)(3) requires a county sheriff 
to accept new bids on a contract to operate a commissary for the use of county 
jail prisoners every five years. 
LO# 98-072 (RQ-1041). Request from Honorable Ms. Kathleen M. Moss, Fannin County 
Auditor, Fannin County Courthouse, Bonham, Texas 75418, Concerning authority of 
a commissioners court to impose a limit on the farming out of county prisoners, 
and related questions.
Summary. The cost of maintaining the jail in a manner that comports with the 
rules of the Commission on Jail Standards, the statutory requirements of Local 
Government Code section 351.001, and the Eighth and Fourteenth Amendments to the 
United States Constitution falls upon the county, and may not be avoided. 
Accordingly, if it is necessary to farm out prisoners from the county jail in 
order to meet these obligations, the county may not limit the authority of the 
sheriff to do so, refuse to pay the sums necessary to meet its obligations, or 
interfere with the sheriff's legal duty to execute criminal warrants. 
LO# 98-073 (RQ-1005). Request from The Honorable Lawrence E. Heffington, 
Henderson County Attorney, Courthouse Square, Athens, Texas 75751, concerning 
whether the judge of the 392nd District Court is a member of the Henderson 
County Juvenile Board, and related question.
Summary. The judge of the 392nd District Court is not a member of the Henderson 
County Juvenile Board. 
TRD-9814022
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: September 3, 1998

Opinion
DM-482 (RQ-1121). Request from The Honorable Jose R. Rodriguez, El Paso County 
Attorney, 500 East San Antonio, Room 203 El Paso, Texas 79901, concerning 
whether a commissioners court may continue a meeting for a period of up to one 
week without reposting notice.
Summary. A commissioners court may continue a meeting from day to day without 
reposting notice under section 551.041 of the Open Meetings Act, chapter 551 of 
the Government Code. If a meeting is continued to any day other than the one 
immediately following, the commissioners court must repost notice.
TRD-9813934
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: September 2, 1998

Request for Opinions
RQ-1175. Requested from The Honorable Chris Harris, Chair Administration 
Committee, Texas State Senate, P.O. Box 12068, Austin, Texas 78711-2068, 
concerning renewal of a charitable bingo commercial lessor's license issued 
under section 13(o) of article 179d, the Bingo Enabling Act. 
RQ-1176. Requested from The Honorable Gonzalo Barrientos, Chair Committee of the 
Whole on Legislative and Congressional Redistricting, Texas State Senate, P.O. 
Box 12068, Austin, Texas 78711-2068, concerning whether a municipality and a 
firefighters association may agree to exclude certain persons from membership in 
the negotiating unit.
RQ-1177. Requested from The Honorable John Branson, Fisher County Auditor, P.O. 
Box 126, Roby, Texas 79543, concerning whether court fees collected by the 
district clerk must be deposited with the county treasurer. 
RQ-1178. Requested from The Honorable Richard B. Townsend, Morris County 
District Attorney, 500 Broadnax Street, Daingerfield, Texas 75638, concerning 
whether an interest fee should be retroactively deducted from trust accounts 
held by a county clerk.
TRD-9813911
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: September 2, 1998