March 4, 197 1 

Honorable Jules Damiani, Jr. 

Criminal District Attorney. 

405 County Courthouse' 

Galveston, Texas 

'Dear Mr. Damiani: 

Opinion No. M-801 

Re: Legality of contract 

for collection of ': 

delinquent. taxes 

between County end 

attorney whose law 

.partner is a member. 

of the State Legislature. 

Your inquiry concerns the legality of a contract for the 

collection of delinquent state end county taxes under the 

authority‘"of Article 7335, Vernon's Civil Statutes of Texas; 

authorized by the Commissioners Court of Galveston County on 

January 19, 1971, by resolution and order-, and entered into 

on behalf of the County with Mr. Thomas L. Douvry, a licensed 

attorney who is a member of the law firm in which State 

Representative Dean Neugent, who is serving in the currentsession of the Legislature, is also a partner. 

-. We are informed that Representative Neugentls service 

as a member of the State Legislature began with Its 1965 

Sessions. 

of any facts showing that the 

Douvry under such contract are " '-.& .

partnership income. 

We have not been informed 

proceedti'to be~.receivad by.Mr. 

to be classified other than as 

The basic general question raised by these facts is 

whether the State Constitution prohibits the making of this. 

contract with:Mr. Douvry .because of his law partnership with i .,,._ :.I,;;: ., 

a member of the legislature. 

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Honorable Jules Damiani, Jr., Page 2 (M-801) 

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The last clause of Section 18, Article III of the 

Constitution of Texas, as amended November 5, 1968, reads 

as follows: 

II . . . . nor shall any member of the Legislature 

be interested, either di.rectly or indirectly, 

in any contract with the State, or any county 

thereof, authorized by any law passed during 

the term for which he was elected." 

(underscoring added by writer for emphasis) 

Although it appears from the stated facts that Representative Neugent, by virtue of his partnership with Mr. Douvry, 

has an interest in such contract with the County, this~ 

interest, by itself, would not operate to invoke the above 

Constitutional prohibition. Absent the authorization of 

such contract by any law passed during the term for which 

said Representative was elected, his mere interest in same 

is not proscribed by said Article III of the Constitution. 

The aforementioned Article 7335 and Article 7335a, 

V.C.S., authorize the commissioners courts to contract with 

attorneys for the collection of such delinquent taxes and 

require payment of compensation therefor. Article 7335 

was enacted in 1923 (Acts 2nd C.S. 1923; p.37; pacts 3rd C.S. 

1923, p.182) and Article 7335a was enacted in 1930, (4th 

C.S.,blst Leg. p.9 ch.8). Article 7335b was added to 

Article 7335a by an amendment in 1951 but such added Article 

related only to contracts for collection of delinquent 

taxes by cities and towns. (Acts 1951, 52nd. Leg. p. 247) 

Hence, It does not appear that any law pertaining to the 

authorization OS such con'tracts, within the meaning of the State 

Constitution, has been passed during the terms for which 

Representative Neugent was elected. 

However, in regard to any interest of Representative 

Neugent in the fees earned by hYs law partner, Mr. Douvry, .- .* 

under such contract, we call to your attention the provisions 

of Article 6252-9, Vernor-i's~ Civil Statutes, pertaining to 

standards of conduct .for 'legislators and prohibiting their : _, T,, %.,+; ,:,

having any interest which Is in substantial conflict with. 

the proper discharge of their duties in the public interest. 

This Statute also'provldeC,for the disclosure by any legislator 

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Honorable Jules Damiani, Jr..,, Pa,ge 3 ,(M- 891) : 

of any personal or private interest he.may have in any 

measure or Bill, proposed, or pending~be,fo,re the.Legislature. 

We are not here passing upon the question of whether this 

i.ntrrest in the legal fees earned under the contract is in 

conflict in any degree with the proper discharge of such, 

legislator's duties in the public'interest. This would b.e 

a fact question depending upon extraneous,matters end 

circumstances not presented in your request. If and when 

a conflict arises of such a nature as to render the contract 

void under the Constitution or the public policy doctrine 

of this State, then, in that event, we feel confident that 

Representative Neugent promptly will make the disclosures 

and take the actions prescribed by said Article 6252-g. 

We do not believe that Article 373, Penal Code, has '. 

any application to the question before us. This Article 

prohibits any officer of any county, city or town, rrom 

becoming pecuniarily interested in any contract made by such 

county, city or town, for certain work undertaken for such 

county, city or town. Neither do we consider our Opinion 

~-625 as being applicable to the matters here involved, 

other than as definitive of the nature of a partnership. L 

Therefore it is our opinion, based solely on the factual 

situation herein presented, that the contract in question is 

not prohibited by state laws.or the Constitution of Texas. 

A contract for collection of delinquent state 

7; iounty taxes under authority of Article 7335, 

is not rendered invalid under Article III, 

S&Y&~ 18 of the State Constitution or+ under any 

state laws .,by reason,of the Attorney entering into 

same being a law partner of a State Representative, 

when no law has been passed authorizing such contract 

during the terms for which said Representative was 

elected. 

truly, 

_. 

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Honorable Jules Damiani, Jr., Page 4 (M-801) 

Prepared by R. L. Lattimore 

Assistant Attorney General 

APPROVE;; 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Phil Warner 

Ben Harrison 

Jim Swearingen 

Llnward Shivers 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WRITE' 

First Assistant 

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