Texas Register, Volume 7, Number 52, Pages 2617-2638, July 13, 1982 Page: 2,620
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The
Attorney
GeneralUnder provisions set out in the Texas Constitution, Texas
Civil Statutes (Article 4399), and numerous statutes, the
attorney general ii authorized to write advisory opinions
for state and local officials. These advisory opinions are ro-
quested by agencies or officials when they are confronted
with unique or unusually difficult legal questions. The at-
torney 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 Register.
Questions on particular submissions, or requests for copies
of opinion requests should be addressed to Susan L. Gar-
rison, Opinion Committee chairwoman, Office of the At-
torney 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 78711-2548, or by telephoning (512) 475-3744. A
single opinion is free; additional opinions are $1.00 a copy.Requests for Opinions
RO-873. Request from John W.
Shocklee, executive secretary, State Board
of Morticians, Austin, concerning whether
component or unit pricing exempts a per-
son from the itemization requirement of the
Mortuary Laws, Texas Civil Statutes, Ar-
ticle 4582b, 3(H)(23). If so, what con-
stitutes component or unit pricing so as to
satisfy the itemization requirement of the
Mortuary Laws, Texas Civil Statutes, Ar-
ticle 4582b, 3(H)(23), and more particular-
ly, how does a "discount" apply to such
component or unit pricing?
TRD-825466
RO-874. Request from John M. Knight,
acting city attorney, Piano, concerning
whether an offense report concerning an ag-
gravated sexual abuse offense is excepted
from public disclosure in its entirety by
3(a)(l), 3(a)(3), 3(a)(8), and 3(a)(l1) of
the Open Records Act.
TRD-825467
RO-875. Request from Ernie W. Tullis,
administrator, Texas Employment Com-
mission, Austin, concerning whether the
Texas Employment Commission may adopt
an agency nepotism policy providing that
no supervisor, administrator, or manager
shall hire or promote anyone related to him
within the second degree of affinity or the
third degree of consanguinity.
TRD-825468
RQ-876. Request from Mike Driscoll,
Harris County attorney, Houston, concern-
ing the following:
7 TexReg 2620 July 13, 1982(1) Is the county clerk constitutionally
authorized to collect the filing fee set forth
in Texas Civil Statutes, Article 2328b-5?
(2) If the answer to the first question is
in the affirmative, then what is the correct
fee to be collected by the county clerk of
Harris County, as clerk of the court at the
time of filing a "foreign judgment" as
stated in Texas Civil Statutes, Article
2328b-5?
(3) If the county clerk collects a fee for
filing the foreign judgment under Texas
Civil Statutes, Article 2328b-5, can the clerk
thereafter collect a fee in connection with
such filed foreign judgment for a garnish-
ment action, execution, law library fee, or
sheriff's fee? If so, how much should the
county clerk collect for each?
TRD-825469
RQ-877. Request from Henry Wade,
district attorney, Dallas, concerning the
following:
(1) Can the Texas Department of
Human Resources, or an employee thereof,
or any other state agency, or the State of
Texas itself, be alleged as the owner of food
stamp benefits in a theft indictment, as
"owner" is defined in Texas Penal Code,
1.07(a)(24)?
(2) If it is determined that it is in fact
the U.S. Government or one or more
federal agency, and not the State of Texas
or Texas Department of Human Resources,
which is the "owner" of these benefits, can
a grand jury allege the U.S. Government as
the "owner" in a welfare fraud theft indict-ment? In the alternative, can the grand jury
allege something like "Texas Department
of Human Resources, an agency of the
State of Texas, which administers the food
stamp program for and on behalf of the
U.S. Government" as the "owner" of such
benefits?
(3) Does a document used by the Texas
Department of Human Resources in deter-
mining an applicant's eligibility or in other-
wise administering the food stamp program
"affect property or service or the pecuniary
interest" of the Texas Department of
Human Resources or the State of Texas, as
that phrase is used in Texas Penal Code,
32.46?
(4) Can a recipient, who makes a
fraudulent statement regarding employment
income in an application for food stamp
benefits, be prosecuted under Texas Penal
Code, 37.10, Tampering with Governmen-
tal Record?
(5) Can a recipient, who either makes
a fraudulent statement regarding employ-
ment income in an application for food
stamp benefits, or who fraudulently induces
a Texas Department of Human Resources
employee to incorrectly certify the applicant
for food stamp benefits, be prosecuted
under any subsection of Human Resources
Code, 33.011, and if so, under what
theory?
(6) If the State of Texas can prosecute
such cases under either the theft or secur-
ing execution of a document by deception
statutes, is 33.011 a more specific statute
dealing with false statements to obtain foodI- I _ I I I I-- I I I I II I I I I- L I I II
I ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ I I I - - - _ _ --- ---
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Texas. Secretary of State. Texas Register, Volume 7, Number 52, Pages 2617-2638, July 13, 1982, periodical, July 13, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244477/m1/4/?q=technical+manual: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.