Untitled Texas Attorney General Opinion ( 1957 )

Honorable Richard E. Rudeloff Opinion No. wW-181. County Attorney, Bee County Beeville, Texas Re: Authority of Commission- ers’ Court to purchase law library from legal representative of de- Dear Sir: ceased District Judge. Your opinion request of June 17, 1957, presents the question of whether the Commissioners I Court of Bee County has the authority to purchase the law library of the late W. G. Gayle, formerly Judge of the 36th Judicial District, from the legal representatfve of the late Judge Gayle. Section 1, Article 1702h, Revised Civil Statutes, provides that Commissioners ( Courts of all counties have the authority, by first entering an order, to establish and main- tain a County Law Library. Section 2 provides that the Court may appropriate $10,000 or such part thereof as it may deem necessary, to properly establish such lfbrary. The legal representative of a deceased District Judge, considered only as a legal representatfve, is a stranger as re- gards the Commissioners’ Court. He is not an “officer of any “interested in the purchase of anything . . on ``~“,``‘of such counti”‘within the meaning of Article 373 Ver- non’s Penal Code. This statute fully covers the self-dealing situation which would exfst if the legal representative were a member of the Commissioners’ Court. We assume that neither the legal representative nor any of the heirs or legatees of the deceased District Judge are county officers so as to come within the scope .of Article 373$ Vernon’s ?enal Code. If the Commissioners’ Court has established, on its own initiative , a County Law Library in accordance with the pro- visions of Article 1702h,.,Vernonss Revised Civfl Statutes, the Commissioners’ Court may purchase a law library from the legal representative of a deceased District Judge. Honorable Richard E. Rudeloff, page 2 W-181) Under certain assumptions, the Commlsslon- ers'Court has the authority to purchase a law library from the legal representative of a de- ceased District Judge. Very truly yours, WILL WILSON Attorney General of Texas JRLtpf:wb Assfstant APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman Larry Jones Joe Rollins Milton Richardson REVIEWEDFOR THE ATTORNEYGENERAL BY: Geoo P. Blackburn