Bail Bond Surety’s Conviction
Re: Whether a bail bond surety who is convicted of violating section 1704.304(c) of the Occupations Code has committed a crime of moral turpitude for purposes of section 1704.302(c) thereof (RQ-0259-GA).
Submitted by Bruce Isaacks
Denton County Criminal District Attorney
Summary, Opinion No. GA-299: A bail bond surety who is convicted of soliciting clients inside an area prohibited by section 1704.304(c) of the Occupations Code has not committed a crime of “moral turpitude” for purposes of section 1704.302(c) of the Occupations Code.
Pauper’s Remains
Re:: Whether Health and Safety Code section 691.023(b) prohibits a commissioners court from adopting an order authorizing cremation as a means of disposing of the remains of a deceased pauper (RQ-0263-GA).
Submitted by Richard J. Miller
Bell County Attorney
Summary, Opinion No. GA-301: Health and Safety Code section 694.002 authorizes a commissioners court to dispose of a pauper’s remains by donation, cremation, or burial and allows a county to specify by rule how it normally will determine the manner of disposition. Health and Safety Code section 691.023(b) requires a county to pay the costs of preparing a pauper’s remains for disposition if the remains are not needed by the State Anatomical Board and does not prohibit a commissioners court from adopting an order authorizing cremation to dispose of a pauper’s remains.
Late Payment to Out-of-State Vendor
Re: Whether Texas or New Jersey law applies to the payment of late fees on a contract between a Texas county and an out-of-state vendor (RQ-0266-GA).
Submitted by Craig D. Caldwell
Cherokee County Attorney
Summary, Opinion No. GA-302: A county that is expressly authorized to enter into a contract impliedly has authority to negotiate the terms of the contract. The scope of that implied authority does not include a choice of law provision that imports the law of another state that effectively overrides or negates the provisions of chapter 2251 of the Texas Government Code.
Property Redevelopment and Tax Abatement Act
Re: Whether a municipality may grant a tax abatement under the Property Redevelopment and Tax Abatement Act for business personal property newly added to a site where previously existing personal property was subject to a ten-year tax abatement agreement (RQ-0261-GA).
Submitted by Will Hartnett
Chair, Committee on Judiciary
Texas House of Representatives
Summary, Opinion No. GA-304: Under the Property Redevelopment and Tax Abatement Act, chapter 312 of the Tax Code, a prior tax abatement agreement concerning specific property does not preclude a municipality from agreeing to abate taxes on different business personal property at the same location. A new abatement agreement must fully comply with chapter 312 requirements.
Revoking Deputy Constable’s Appointment
Re: Whether sections 85.003 and 86.011 of the Local Government Code provide that a deputy constable’s appointment is revoked on the deputy’s indictment for a felony (RQ-0268-GA).
Submitted by Bruce Isaacks
Denton County Criminal District Attorney
Summary, Opinion No. GA-306: Sections 85.003 and 86.011 of the Local Government Code do not provide that a deputy constable’s appointment is revoked on the deputy’s indictment for a felony.
