Untitled Texas Attorney General Opinion ( 1945 )

OFFICEOFTHE ATTORNEYGENERAL OFTEXAS AUSTIN Honorable W. P. Herme, Jr. county Auditor Wallor County Bempetead, Texas Dear Sir: 011 ed- per Your raquest ror s been received and carsfully considered by th We quote irom your request as followst or tax sal ounty to purcheso pe of services above per which is owned by 0 your qua&ion we call attention to Ar- Annotated Civil Statutes, which provides: entering upon the dutiss of their county judge and euch commissioner shell t&e the official oath and shall take a written oeth that he will not be aireOtly nor ‘indirectly interi:etod in any contraot with, or claim ageinst. tha county in which he L’(lStBeS, except such warrants as may issue to him as fees of offios." (Ejmphasis ours) Honorable W. P. Herme, Jr., paga 2 Furthermore we call your attention to Article 373, penal Code of Texae, which reads a8 follows: *Xi any officer of any county, or of any oity or town shall become in any manner pecuniarily in- terested in any contraots made by such oounty, city or town, through its agents, or otherwise, for the construction or repair of any bridge, road, street, alley or houee or any other work under- taken by such county, city or town, or shall be- come interested In any bid or proposal for such work or in the purchase or sale of/anything made for or on acoount of suoh county, city or town, or who shall contract for or receive any money or property, or the representative of either, or any emolument or advantage whatsoever in considor- etion of such bid, proposal, contraat, purohaso or sale he shall be fined not lees than Fifty (‘50,OOf Dell ars and not more than yive Hundred (e~500.00) Dol1ars.v In view of the foregoing authorities, it ,lir~our opinion that it is not legal for the County to purchas8 either. supplies or the type of service mentioned in your letter from a newspaper which is owned by the County Judge. Very truly your8 ATT0i-l GE B fi Assistant JOH:ir