Case Information
*1 OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN
QRO”t?R slxLEp *T10111cY GmcnAL
Honorable U. It. BaldriQe District Attom8y
Denton, tuae
Deer Sir:
give Die your op
qlmtion, to-wit:
Porn a 800. 0
lion. Y. L Baldri~ - Pqe 2
y anjr 6alu-y fee of e &&ibl. offdor perwn
Ineligiblr . *
"The Sheriff of Demon Count Texn6, work8 un&r the salary oystim and the automob xi 06 which ere pro- vided for the u6e of %he SherifS and tie deputier 6s-e 0-d -by aoid Dsnton Couuty. The ~&xpeueee of Qt. Oper- ation of the Sheriff to autamob$lea uy). paid by Da&on
Tbo Sheriff has l stabllehed the auata~of retall outlete in De~tvni
"The, Sheriff and hie deput$e6 buy the gy(oline for the county owned cers and charge 6eme to Dentm C0unt.y. At the end of the month the salea tickets are eaented to the Coaaisafoners* Court and they em paid y Denton t= County.
nTho oon of the Sheriff ogrratoa a gasoline station in thie city on a comi6sion baaie, The Sheriff~ci .aon io the mnqec of the st#Son whiah is owned by a laej~r oil cxlpan nnd ho make6 a profit 03 each galX.lon of Caeo- line tllot ii 8 6eu6.
"The sheriff merely makes the purahhoeea of geeoline charging s&e to Centon county. The Comaio6ioner6~ Co uri approves the paymat of 6eme. The Sh6riff he6 no voice in the approval of the accounte or the pa ytnmt .of awe, oted
"It i6 not clear to W'uhother the 6bOVe 9" the Sheriff under the abOVe aCti@ fZ-W L’lUtUte6 pmhib%t hi6 OOlb 1 ebould l%kG 'fOT I&dng ouch p~chssoo i YOU t.0 glye cy) pour 0 inian as to whether the 'A0 tlOm* &.LtUt@#, would prohib t Denton COUnti E iroa, 6pprO & ' - aad E pqyinp;~~l;ulmofthesoiloftheSeriffWdWthe
above Stated fac.cto~”
‘!ion. \i. I(. Beldridge - IQ6
It is clear to u6 that our question, in conjunction ;dth the factti information eu bid ttOd [1166] wholly outside OS i~xticloa [432] aud [435] of the Texas Penal Code,
Vie therefore, reepectfully anmier your question in the affiruat4ve.
The Nopotiam 6tatute 16 designed to and does prohibit the County Commiasionors and County Judge from appointing, voting i'or or confixmbg the appointment CO my office, pooition, clerk- eqloyclent or duty of ship pereon related within the pro- idbi t cd degree to euch offici 3 6 ?&ion they Would attempt to pay -M~lic funda to mch other peraon, but aaid statute clearly does ;iot rohibit mere purchnsas frm a pereon [60] related to them. In ndxnce cited in your lotter there ha6 been no.attenpt to til6 f r:;ipoint tho Sherifff's Don to any office, enploymont, oition or duty, but the County is merely makin& purchases from IIQ, and even r if tho Zheriff*s 6~ wac relat6d to the County Judge and aone one OS &l of tho County Comi661oners by affinity within the 6ocond ClcLroe 6nd by:consan,@.nity uitiin the third degree 6till mere ~~arch&sm by the Comhsionoro 1 Court ikom him would not be pro- i:ibitcd under the laws of thie State unleon it 16 shown that 6ose . :.c&or of the Court ~6s pecuniarily inte+or;ted in such purchases, i: ia ~41 eetablished in Texas that contrncto entered into by a :xbllc officer in No official capcicity ~1‘0 illegit and void if sllcli officer either directly or indirectly has a puniary intorest 11~: such contract. Eoyors ot al VE. Lnlker ot al, ..76 S.bi. 305.
Ye am enclooing cop166 of our Opinion No. O-2383 wherein LUC dcpzrtmnt held thct n school board could lm~i'ully buy C;an>lino ;.fid oil on the contract basis etc. for the u6e of the~school from a &od cousin of one of the cmmbers of the school board, and that a 6c!lool board could lawfully .glve printin:: work to the brother of one oz the rxe;nbers of the 6chool board,which printing wa6 to be paid for cut of school funds.
R\rthcr we &e encloeinC COTI of Opinion ho, O-2656 where- ir, tbi6 deparwnt held tl.at it wa6 not illegal for a COUnty Comais- 6i0116r to purchase emergency eup9liea for conotruCtiOn and repair of coud,y roads 66 an 6gcnt of the County, under aUthOrity Of the ;o~.i~t;i~nem* court, from the Comuisslonere~ brather who owned and ij;mratCd a business, where the COnr?i66ion6r W&8 not pSCtiaCily L. K.Baldridge - ?nee b iiOn.
our affkantAT0 aamler to your fira% queotkn meaNar3.ly compels the conclwion t&t our eecowi queetio3 ehould be and I8 !:erety nxmwered in the nSp;o J v0b
Your8 very truly JTZc:djn -. e-
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