Case Information
*1 The Attorney, General of Texas tirch 13. 1986 JIM MAIlOX
Attorney General Eooorable James A. Rasnmssen Opinion Ro.J14-450
SupremeCourt Building Wichita County Attorney P. 0. Box 12549 Austin. TX 75711- 2543 P. 0. BOX 8025 Ret Whether article 9Pgb, V.T.C.S.. 51114752501 Wichita Falls. Texas 76307 applies to a local public official's Telex 91M)W1357 activities in his private capacity TeIecc@l~ 51214750288 as the owner of an automobile garage 714 .Jaoktlnn, sld1e Ion Dam Hr. Rasmussen: oaas, TX” 752g2-4508 2W742-5944
You inquire whether article 988b, V.T.C.S.. which relates to
conflicts of interest of local public officials, applies to a deputy sheriff who, in Ns private capacity, owns and operates an automobile 4524 Albetlr Ave.. Suite 150 garage doting his off-duty hours and repairs patrol vehicles of the I3 Paso. 7X. 798X-2793 91- sheriff's office. You advise us that, generally. bids are not
requested for the automobile repairs end a bill.for completed repairs is presented to the comuissioners court for its approval. It is our 1Ml Texu. Suite 700 opinion that article 9881, does not' apply to s deputy sheriff's ~Houst~n. TX. 77W2.3111 contracts with his county.' 71- The prohibitions provided by irticle 988b apply to an official 905 8roadway, Suite 312 who has authority to participate for his govemwental entity in a vote Lubbock, TX. 794dW479 or decision that affects a business in which the official 'has a 596l-7475238 substantial interest. Sets. 3(a)(l), 4, 5. 6. See Attorney General Opinion JM-270 (1984). 4309 N. Tenth. Suite S McAtlen, lx. 78501.1595 The cox&ssioners coutt is the general businegs snd ~contracting 512aS2-4547 agency of a county, Andy it alone has authority to wake contracts binding OD the county, unless otherwise specifically prbvided by 200 Main Plaza, suite 4cQ statute. hderson v. Wood, 152 S.W.2d 1084. 1085 (Tex. 1941). See San Antonio. TX. 752CW2797 Attorney General Opinions JM-270, JM-157 (1984). A deputy sheriff= 51212254191 not a member of the county's governing body and cannot contract for
the county or vote on a matter pertaining to county business. He does not have legal authority to participate in a vote' or decision An Equal Opportunityi Attlrmative Actlon Employer involving a county's contrect for the repair of the vehicles of the
sheriff's offi&- See Attorney General O&nions JM-310 (1985); JM-270 (1984); NW-236 (198r While we conclude that the activity of a deputy sheriff which you
describe would not result in a violation of article 988b, we also suggest other aspects of such activity that may warrant your atten- ,tion. The County Purchasing Act, enacted by the Sixty-nicth p. 2042
Honorable James A. Rasmussen - Page 2 (JM-450) Legislature in 1985, now provides the basic competitive bidding requirements for a county's purchase of services, equipment, goods, or other personal property under a contract that requires an expenditure in excess of $5,000. See V.T.C.'S. art. 2368a.5. Section 14 of that act provide& criminal penalties. See also V.T.C.S. art. 2368a.3; art. 2368a.4, 51.
SUMMARY Article 988b,~ V.T.C.S., does not prohibit a deputy sheriff from contracting with the county " ~through the conmissioners court for services or' materials which are furnished in his private capacity.
J I M MATTOX, Attorney General of Texas JACK HIGHTOWER
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Nancy Sutton
Assistant Attorney General
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