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# 98-074 (RQ-1148). Request from The Honorable Kim Brimer, Chair, Committee on 
Business and Industry, Texas House of Representatives, P.O. Box 2910, Austin, 
Texas, 78768-2910, concerning whether section 321.406, Tax Code, limits the 
frequency of elections held under chapter 334 of the Local Government Code.
Summary. Section 321.406, Tax Code, which limits the frequency of sales tax 
elections held by a municipality, is applicable to elections held under chapter 
334, Local Government Code. Thus, the city of Arlington may not hold a sales tax 
election under chapter 334 earlier than one year from the date of any previous 
sales tax election.
LO# 98-075 (RQ-1088). Request from Mr. Sid L. Harle, Chair, Court Reporters 
Certification Board, P.O. Box 13131, Austin, Texas, 78711-3131, concerning 
requirements of a verified complaint filed with the Court Reporters 
Certification Board.
Summary. The Court Reporters Certification Board must decide upon all of the 
elements on the complaint form including the form of the oath.
TRD-9814669
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: September 16, 1998

Opinion
DM-483 (RQ-968, RQ-1100). Requests from The Honorable Richard J. Miller, Bell 
County Attorney, P.O. Box 1127, Belton, Texas, 76513 and The Honorable Bill 
Moore, Johnson County Attorney, 2 North Main Street, First Floor Courthouse, 
Cleburne, Texas, 76031, concerning whether a sheriff's authority to refuse to 
accept a bail bond executed by an attorney for a client the attorney represents 
in a criminal case is governed by article 2372p-3, V.T.C.S., or Code of Criminal 
Procedure articles 17.11, 17.13, and 17.14, also whether a sheriff may require 
an attorney or bondsman to post collateral; and related questions.
Summary. Attorneys may execute bail bonds for persons they actually represent in 
criminal cases without being licensed under article 2372p-3. See V.T.C.S. art. 
2372p-3, 3(e). A sheriff must refuse to accept an attorney bail bond if the 
sheriff concludes that the attorney has "engag[ed] in the practices made the 
basis for revocation of [a] license" under article 2372p-3. See id. A sheriff's 
authority with respect to the sufficiency of the security offered by an attorney 
exempt from licensure under article 2372p-3 is governed by the Code of Criminal 
Procedure, articles 17.11, 17.13, and 17.14. Article 17.11 provides that "one 
surety shall be sufficient, if it be made to appear that such surety is worth at 
least double the amount of the sum for which he is bound." Articles 17.11, 
17.13, and 17.14 grant a sheriff broad discretion to determine whether the 
security offered by an individual surety is sufficient, including the discretion 
to consider other bonds executed by the surety, but do not authorize a sheriff 
to require a surety to post collateral.
TRD-9814668
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: September 16, 1998

Request for Opinions
RQ-1179. Requested from Mr. John R. Speed, P.E. Executive Director, Texas Board 
of Professional Engineers, P.O. Drawer 18329, Austin, Texas, 78760-8329, 
concerning obligation of the Texas Board of Professional Engineers with regard 
to examinees covered by the Americans with Disabilities Act.
RQ-1180. Requested from Mr. John R. Speed, P.E. Executive Director, Texas Board 
of Professional Engineers, P.O. Drawer 18329, Austin, Texas, 78760-8329, 
concerning authority of the Board of Professional Engineers to require the 
registration of engineering firms.
RQ-1181. Requested from Mr. John R. Speed, P.E. Executive Director, Texas Board 
of Professional Engineers, P.O. Drawer 18329, Austin, Texas, 78760-8329, 
concerning whether the Board of Professional Engineers is required to determine 
if individuals seeking licensure in Texas are United States citizens or legal 
residents.
RQ-1182. Requested from The Honorable John Branson, Fisher County Auditor, P.O. 
Box 126, Roby, Texas, 79543, concerning authority of a commissioners court to 
order an independent audit.
RQ-1183. Requested from The Honorable Judith Zaffirini, Chair, Health and Human 
Services Committee, Texas State Senate, P.O. Box 12068, Austin, Texas, 78711, 
concerning whether an optician has any right of access to the records of an 
optometrist's patient.
RQ-1184. Requested from Mr. Doyne Bailey, Administrator, Texas Alcoholic 
Beverage Commission, P.O. Box 13127, Austin, Texas, 78711-3127, concerning 
whether the Alcoholic Beverage Commission may authorize the use of machines that 
dispense alcoholic beverages by means of a PIN number. 
RQ-1185. Requested from Mr. James L. Pledger, Commissioner, Texas Savings and 
Loan Department, 2601 North Lamar, Suite 201, Austin, Texas, 78705, concerning 
whether section 1B of article 21.50, Texas Insurance Code, has been superseded 
by the provisions of federal law. 
TRD-9814528
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Filed: September 14, 1998