March 4, 197 1

Honorable Jules Damiani, Jr. Criminal DistrictAttorney. 405 County Courthouse' Galveston,Texas

'Dear Mr. Damiani: Opinion No. M-801
Re: Legality of contract for collectionof ': delinquent.

taxes between County end attorneywhose law .partner is a member. of the State Legislature.

concerns the legalityof a contract for the Your inquiry collectionof delinquentstate end county taxes under the authority‘"of

Article 7335, Vernon's Civil Statutes of Texas; authorizedby the CommissionersCourt of Galveston County on January 19, 1971, by resolutionand order-, and entered into on behalf of the County with Mr. Thomas L. Douvry, a licensed attorneywho is a member of the law firm in which State RepresentativeDean 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 Legislaturebegan 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 classifiedother than as The basic general question raised by these facts is whether the State Constitutionprohibits the making of this. contractwith:Mr. Douvry .because of his law partnershipwith i.,,._ :.I,;;: ., a member of the legislature.

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The last clause of Section 18, Article III of the Constitutionof Texas, as amendedNovember 5, 1968, reads as follows:

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.... nor shall any member of the Legislature be interested,either di.rectly or indirectly, in any contractwith the State, or any county thereof, authorizedby 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 partnershipwith Mr. Douvry, has an interest in such contractwith the County, this~ interest,by itself,would not operate to invoke the above Constitutional

prohibition. Absent the authorizationof such contractby any law passed during the term for which said Representative was elected, his mere interest in same is not proscribedby said Article III of the Constitution. The aforementioned Article 7335 and Article 7335a, V.C.S., authorize the commissionerscourts to contractwith attorneys for the collectionof such delinquenttaxes and require payment of compensationtherefor. Article 7335 was enacted in 1923 (Acts 2nd C.S. 1923; p.37; pacts3rd 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 collectionof delinquent taxes by cities and towns. (Acts 1951, 52nd. Leg. p. 247) Hence, It does not appear that any law pertaining to the authorizationOS 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 interestof 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 prohibitingtheir : _, T,, %.,+; ,:,, having any interestwhich Is in substantialconflictwith. the proper discharge of their duties in the public interest. This Statute also'provldeC,for the disclosureby any legislator

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

of any personal or private interesthe.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 dischargeof such, legislator'sduties in the public'interest. This would b.e a fact question dependingupon extraneous,matters end circumstances

not presented in your request. If and when a conflictarises of such a nature as to render the contract void under the Constitutionor the public policy doctrine of this State, then, in that event, we feel confidentthat RepresentativeNeugent promptlywill make the disclosures and take the actions prescribedby said Article 6252-g.
We do not believe that Article 373, Penal Code, has '. any application to the questionbefore us. This Article prohibits any officer of any county, city or town, rrom becoming pecuniarily interested in any contractmade by such county, city or town, for certainwork undertakenfor such county, city or town. Neither do we considerour 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 prohibitedby state laws.or the Constitutionof Texas.

A contract for collectionof delinquentstate 7; iounty taxes under authority of Article 7335,

is not rendered invalid under Article III, S&Y&~ 18 of the State Constitutionor+ 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 authorizingsuch contract during the terms for which said Representative was elected. truly,

_.

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

Preparedby 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 ExecutiveAssistant NOLA WRITE' First Assistant

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