Opinions
Opinion No. JC-0227
The Honorable Michael G. Mask, Jack County Attorney, Courthouse, Third
Floor, Jacksboro, Texas 76458
Re: Whether a county may pay the employer's share of employment taxes on
state supplemental salary compensation paid to a county attorney pursuant
to section 46.0031 of the Government Code from the state-provided funds (RQ-0166-JC)
S U M M A R Y
Section 46.0031 of the Government Code does not permit a county to pay
the employer's share of employment taxes on state supplemental salary compensation
for a county attorney from the state-provided funds. The legislature is authorized
under the Texas Constitution to require a county to pay the county's share
of employment taxes on the state salary supplement from county funds. See
Tex. Const. art. V, §21 (The Legislature may . . . make provision for
the compensation of . . . County Attorneys.).
Opinion No. JC-0228
The Honorable William C. Sowder, Lubbock County, Criminal District Attorney,
P.O. Box 10536, Lubbock, Texas 79408-3536
Re: Whether a county or a surviving relative must provide for the disposition
of a deceased pauper's remains, and related questions (RQ-0167-JC)
S U M M A R Y
Section 694.002 of the Health and Safety Code requires a county to provide
for disposition of a deceased pauper's remains, even though the decedent is
survived by a person listed in section 711.002(a) of the same code, in accordance
with county rules. Neither a county commissioners court nor an agency with
powers delegated by the county commissioners court may seize assets of a deceased
pauper's estate to pay expenses associated with the disposition of the pauper's
remains. To the extent Letter Opinion 96-037 suggests that a county is responsible
for a deceased pauper's remains only if there are no surviving persons listed
under section 711.002(a) of the Health and Safety Code, it is incorrect.
A county may accept contributions toward the expenses of disposing of a
particular pauper's remains. See Tex. Loc. Gov't Code Ann. §81.032 (Vernon
Supp. 2000). Any donations the General Assistance Agency receives must be
deposited with the county treasurer. See id. §§ 113.021(a), .022
(Vernon 1999). Whether the treasurer deposits the money into the county's
general fund or into a special account in the county depository is a matter
for the commissioners court to determine. See id. §§ 113.004(b)(3),
(c), .021(b).
Opinion No. JC-0229
The Honorable Florence Shapiro, Chair, Committee on State Affairs, Texas
State Senate, P.O. Box 12068, Austin, Texas 78711
Re: Whether law enforcement officers are authorized to take a seventeen-year-old
into custody simply because he or she has been reported as a missing child
under chapter 63 of the Code of Criminal Procedure, and related questions
(RQ-0169-JC)
S U M M A R Y
Article 63.009(g) of the Code of Criminal Procedure requires a law enforcement
officer who locates a seventeen-year-old who has been reported as a missing
child to take possession of the child and to deliver the child to the person
entitled to his or her possession or to the Department of Protective and Regulatory
Services. The detention of an unemancipated seventeen-year-old against his
or her wishes for the purpose of returning the child to his or her parent
or guardian does not violate the child's constitutional rights. An officer
may use force to take possession of a missing child, but only to the degree
the officer reasonably believes is necessary to safeguard or promote the child's
welfare consistent with the protective purpose of article 63.009(g).
Opinion No. JC-0230
The Honorable David Swinford, Chair, House Committee on Agriculture and
Livestock, P.O. Box 2910, Austin, Texas 78768-2910
Re: Whether the repeal of a federal cooperative purchasing program affects
authority given to Texas agencies and political subdivisions under Texas law
(RQ-0172-JC)
S U M M A R Y
To the extent federal law no longer makes federal supply schedules of the
United States General Services Administration available to local governments,
section 271.103 of the Local Government Code is without effect. As no other
state statute relies on or makes specific reference to the former federal
cooperative purchasing program, however, the change in federal law does not
appear to affect the purchasing authority of Texas agencies and political
subdivisions under other state statutes. Whether a federal agency is authorized
to provide particular goods to a state agency or local government will depend
upon federal law.
For further information, please call (512) 463-2110
TRD-200004138
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 13, 2000
RQ-0235-JC.
The Honorable James A. Farren,
Randall County Criminal District Attorney, 501 16th Street, Canyon, Texas
79015, regarding authority of a county to repair roads that are within a municipality
and that belong to a property owners association (Request No. 0235-JC).
Briefs requested by July 9, 2000.
RQ-0236-JC.
The Honorable Juan J. Hinojosa,
Chair, Committee on Criminal Jurisprudence, Texas House of Representatives,
P.O. Box 2910, Austin, Texas 78768-2910, regarding whether a candidate who
receives only a plurality of the votes in a municipal election, but thereby
is elected under the terms of the city charter, holds over in light of Estrada
v. Adame, 951 S.W.2d 165 (Corpus Christi 1997) (Request No. 0236-JC).
Briefs requested by July 6, 2000.
TRD-200004165
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 14, 2000
Request for Opinions