RQ-0511-KP
Requestor:
The Honorable Eddie Arredondo
Burnet County Attorney
220 South Pierce
Burnet, Texas 78611
Re: Whether a county commissioners court may cede authority to the county judge to hire a county commissioner's spouse for a position that reports directly to the county judge; and
related questions involving Government Code chapter 573 (RQ-0511-KP)
Briefs requested by July 6, 2023
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202302149
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: June 13, 2023
Opinion No. JS-0001
The Honorable Luis V. Saenz
Cameron County District Attorney
964 East Harrison Street, Fourth Floor
Brownsville, Texas 78520
Re: Authority of a county commissioners court to contract for the collection of forfeited commercial bail bonds under Code of Criminal Procedure article 103.0031(h) (RQ-0490-KP)
S U M M A R Y
Code of Criminal Procedure article 103.0031 generally permits a county or a municipality to enter into a third-party collection contract to recover money owed on certain items in criminal cases, including forfeited bonds. The reference to a nonexistent "section" in Code of Criminal Procedure article 103.0031(h), providing that "[t]his section does not apply to commercial bail bonds," is a scrivener's error that creates an absurdity, such that a court would likely construe its exception to refer to article 103.0031.
A court would likely conclude that attorney sureties execute "commercial bail bonds" to the extent they sell their bonding services for a fee or commission. As such, article 103.0031(h) would prohibit a commissioners court from entering into a third-party contract for collection services on forfeited attorney surety bail bonds. Instead, forfeited attorney surety bonds would be collected by district and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace pursuant to Code of Criminal Procedure article 103.003(a).
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202302150
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: June 13, 2023