Texas Register, Volume 7, Number 2, Pages 39-114, January 8, 1982 Page: 43
39-114 p. ; 28 cm.View a full description of this periodical.
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Under provisions set out in the Texas Constitution, Texas Civil Statutes
(Article 4399), 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 con-
fronted 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 sum-
marized for publication in the Register.
Questions on particular submissions, or requests for copies of opinion
requests should be addressed to Susan L. Garrison, Opinion Commit-
tee chairwoman, Office of the Attorney General, Supreme Court
Building, Austin, Texas 78711, (512) 475-5445. Published opinions and
open records decisions may be obtained by addressing a letter to the
file room, fourth floor, P.O. Box 12548, Austin, Texas 7871 1-2548, or
by telephoning (512) 47.-3744. A single opinion is free: additional opi-
nions are $1.00 a copy.,
emo I(Editor's note: The following requests for
opinions submitted by the Attorney
.General's Office were inadvertently
omitted from the November 10, 1981,
I issue of the Texas Register.)
Requests for Opinions
RQO718. Request from John J.
Kavanagh, M.D., commissioner, Texas
Department of Mental Health and Mental
Retardation, Austin, concerning whether
the following funds held by the Texas
Department of MH/MR are required by
House Bill 1623 of the 67th Legislature to
be placed in the treasury: patient benefit
funds; sheltered workshop funds; occupa-
tional therapy funds; unemployment trust
fund; merchandise canteen coupon funds;
proceeds of estates.
RO-719. Request from William R.
McClellan, executive director, Housing
Authority of the City of Houston, concer-
ning whether the following records held by
a housing authority are available under the
Open Records Act: employment resumes;
correspondence with management consul-
tant; correspondence with auditor; consul-
tant's working papers; and amount of
disability payments made to an employer.
RO-720. Request from John J.
Kavanagh, commissioner, Texas Depart-
ment of Mental Health and Mental Retar.
dation, Austin, concerning whether,
i,: -
~, ,,Medicaid certification reports and surveys,
plans for correction, survey reports
prepared by the Joint Commission on Ac-
creditation of Hospitals, any self surveys,
and complaints filed against the Fort
Worth State School are excepted from
disclosure under 3(a)(3) and (11) of Texas
Civil Statutes, Article 6252-17a?
RO-721. Request from Lauro F.
Cavazos, Ph.D., president, Texas Tech
University Health Sciences Center, Lub-
brck, concerning availability of Texas Tech
University student and personnel files to the
Department of Labor.(4) What steps may a judge take after
the 90.day period, which the defendant was
given to complete a defensive driving
course, if the defendant did not then supply
the court with written evidence that he in
fact did complete the course?
(5) Is it unethical for a judge to advise
a party who requests information on the
state's defensive driving law as to the steps
necessary to comply with Texas- Civil
Statutes,.Article 6701d, 143A?
ROQ723. Questions from Evans N.
Wentz, executive director, State Commis-
sion for the Blind, Austin, concerning
h thk h C if ;; h BI' dIt.RO-722 and RO-722a. Request from the authority to guarante
Maurice S. Pipkin, executive director, State
Commission on Judicial Conduct, Austin,
concerning the following. RO-724. Request from
(I) May a judge require a defendant to general counsel, Public Ut
enter a plea of guilty or nolo contendre of Texas, Austin, con
before the.judge will allow the defendant Public Utility Comrn
to take a defensive driving course under workpapers and aud
either subsection (1) or (2)? Southwestern Bell Teleph
(2) May a judge require the defendant are excepted from publi
to present a copy of the Texas Department 3(a)(l), (3), or (11) of th
of Public Safety's approval of the defen- Act?
sive driving course before the judge will
allow the individual to register for a par- 11.72B. Request fro
ticular course? Bynum, commissioner of
(3) May'the judge require a defendant Education Agency, Aus
to provide to the curt a notarized sworn whether bid proposal
statement attesting to the fact that the Westinghouse Data Score
defendant ias o m ;t teIa defensivee Education Agency is excel
driving jt tt ji past t i, yers for disclosure by 3(aX 10) of tl
the, purp o1*u a at' " msd? Act?
% i;; f : . January 8. 1962
ai it ,,.a}v '41 5 'lyf 4 3iN.. " rP; f , dY".r 6r'Yi q '+ ;l y'oUr eII l asi
e loan payments.
n Allen H. King,
ility Commission
:erning whether
mission staff
it of current
one rate requests
ic disclosure by
he Open Records
m Raymon L.
education, Texas
tin, concerning
submitted by
Systems to Texas
pted from public
he Open Records
7 TexReg ,43---' 5--- 11 ---- r- II I~--- -- --" ------~ -- -- - ---'- --i --I-'-----: I
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Texas. Secretary of State. Texas Register, Volume 7, Number 2, Pages 39-114, January 8, 1982, periodical, January 8, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244448/m1/5/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.