Opinion No. GA-0309

The Honorable Carole Keeton Strayhorn

Comptroller of Public Accounts

Post Office Box 13528

Austin, Texas 78711-3528

Re: Whether 15 U.S.C. §77e, regulating the sale of unregistered securities, preempts section 74.401(a) of the Texas Property Code to the extent section 74.401(a) requires the comptroller to sell at public sale an unclaimed security that is not a registered, marketable security (RQ-0273-GA)

S U M M A R Y

With respect to disposing of unclaimed, unmarketable securities that have escheated to the state, which the comptroller must sell under Texas Property Code section 74.401(a), the comptroller generally is not an underwriter for purposes of 15 U.S.C. § 77e(a). Accordingly, she must sell the securities at public sale in compliance with Property Code section 74.401(a).

Opinion No. GA-0310

Mr. Randall S. James, Commissioner

Texas Department of Banking

2601 North Lamar Boulevard

Austin, Texas 78705-4294

Re: Whether a funeral establishment must comply with a statutory requirement that it obtain a "cremation authorization form" signed by an "authorizing agent" when a purchaser in a prepaid funeral contract has previously specified disposition of the purchaser's remains by cremation (RQ-0271-GA)

S U M M A R Y

A funeral establishment need not comply with a statutory requirement that it obtain a "cremation authorization form" signed by an "authorizing agent" when a purchaser in a prepaid funeral contract has previously specified disposition of the purchaser's remains by cremation.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.

TRD-200501189

Nancy Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 16, 2005