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.

Open Records

ORD-655 (ORQ-17) The Honorable David Sibley,
 State Senator, P.O. Box 12068, Austin, Texas 78711, concerning whether a
 Housing Authority may obtain criminal history record information regarding
 housing applicants and whether a county may obtain criminal history record
 information regarding applicants for county employment pursuant to subchapter
 F of Chapter 411 of the Government Code.


SUMMARY. Local public housing authorities
 are authorized to obtain criminal history record information for the purposes
 of applicant screening, lease enforcement, and eviction as provided by federal
 statute. Counties acting as a noncriminal justice agency, on the other hand,
 are not authorized by the Government Code to obtain criminal history record
 information regarding applicants for county employment.


ORD-656 (ORQ-18) Honorable Antonio O. Garza,
 Jr., Secretary of State of Texas, Elections Division, P.O. Box 12060, Austin,
 Texas 78711-2060, concerning whether section 552.027 of the Government Code
 applies to a request for voter registration information pursuant to section
 18.008 of the Election Code when the request is made by an individual who
 is confined in a correctional facility.


SUMMARY. A governmental body that receives
 a request for voter registration information under section 18.008 of the
 Election Code from an individual who is confined in a correctional facility
 has the discretion, under section 552.027 of the Government Code, to comply
 with the request or deny it in its entirety.


TRD-9709656



Request for Opinions.

ID# 39608. Request from the Honorable Steven
 C. Hilbig, Bexar County Criminal District Attorney, Bexar County Justice
 Center, 300 Dolorosa, Suite 5072, San Antonio, Texas 78205-3030, concerning
 whether a commissioners court may grant a tax abatement to a corporation
 owned in part by a member of the court, and related questions.


ID# 39611. Request from Mr. Todd K. Brown,
 Director, Texas Workers' Compensation Commission, Southfield Building, MS-4D,
 4000 South IH-35, Austin, Texas 78704, concerning Allocation of costs for
 risk management service provided to the Texas Department of Criminal Justice
 by the Texas Workers Compensation Commission.


ID# 39617. Request from the Honorable Mark
 W. Stiles, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768,
 concerning whether a retired judge may accept appointment as a guardian ad
 litem.


ID# 39619. Request from Ms. Brenda Jenkins,
 Executive Director, Public Utility Commission of Texas, 1701 N. Congress
 Avenue, P.O. Box 13326, Austin, Texas 78711-3326, concerning implementation
 of Senate Bill 667, acts 1997, 75th Leg. which authorizes voucher payments
 to provide "specialized telecommunication devices" for persons who are speech
 or hearing impaired.


ID# 39621. Request from Mr. Tim Curry, Criminal
 District, Attorney, Tarrant County, Justice Center, 401 West Belknap, Fort
 Worth, Texas 76196-0201, concerning authority of a county bail bond board
 to promulgate a rule regarding the use of real property as collateral by
 an applicant for a bail bond license.


ID# 39622. Request from Helen L. Campbell,
 Commissioner, Fire Fighters' Pension Commission, P.O. Box 12577, Austin,
 Texas 78711, concerning constitutionality of an increase in the level of
 benefits paid to retired fire fighters and related questions.


TRD-970966

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RQ-945. Request from Mr. Kenneth H. Ashworth,
 Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788,
 Austin, Texas 78711, concerning applicability of Attorney General,Letter
 Opinion No. 97-001 (1997) to a fund established at Austin Community College
 on behalf of students of Hispanic origin.


RQ-946. Request from the Honorable Tom Craddick,
 Chair, House Ways and Means, Committee, Texas House of Representatives, P.O.
 Box 2910, Austin, Texas 78768-2910, concerning whether Capital Metropolitan,
 Transportation Authority may purchase a railroad and associated right-of-way,
 and related question.


TRD-9709661