The Attorney General of Texas JIM MAlTOX July 17, 1986 Attorney General Supreme Court Building Honorable Michael .J.. Guarino Opinion No. .JM-524 P. 0. Box 12548 Austin, TX. 7871% 2548 Criminal District Mtorney 512/4752Wl 405 County Courthouse Re: Whether purchases for a county Telex 91QrS74.1367 Galveston, Texas 77550 health district must be made by Telecopier 512f475-0258 the county purchasing agent 714 Jackson, Suite 700 Dear Mr. Guarino: Dallas, TX. 75202-4506 2141742-8944 You have aslwd whether the Galveston County Health District is required to comply with article 1580, V.T.C.S.. in purchasing materials and supp,Liesfor the health district. 4824 Alberta Ave.. Suite 180 El Paso, TX. 798052793 915/533aS4 You inform ~$8 that Galveston County entered into an agreement with other local lwlitical entities within the county to organize a health district pu,rsuantto article 4436b, V.T.C.S. The cooperative pY Texas, Suite 700 agreement among it3 members provides as follows: ,ston, TX. 77002-311 I I ~Jl2255888 In the purchase of all services, equipment and materials, the Board shall adhere to the applic- 606 Broadway, Suite 312 able strkute(s) which governs counties for the Lubbock. TX. 79401.3479 purchase of services, equipment and materials, 8081747.5238 although the Board is not required to use the services of the County Purchasing Agent or County 4309 N. Tenth, Suite B Auditor. McAllen. TX. 78501-1685 512f882.4547 Article 1580, V.T.C.S.. provides as follows: 200 Main Plaza, Suite 400 Section 1.. (a) In all counties of this state San Antonio, TX. 70205.2797 having a population of seventy-four thousand 51212254191 (74,000) or more inhabitants according to the last preceding Federal Census, a majority of a Board An Equal Opportunity/ composed 'ofthe judges of the District Courts and Affirmative Action Employer the County Judge of such county, may appoint a suitable person who shall act as the county pur- chasing agent for such county, who shall hold office, unless removed by said judges, for a period of two (2) years, or until his successor is appointed and qualified, who shall execute a bond in the sum of Five Thousand Dollars ($5.000), pay- able to said county, for,the faithful performance of his du,ties. p. 2407 Honorable Michael J. Guarins)- Page 2 (JM-524) -, (b) It shall 'x the duty of such agent to make all purchases for such county of all supplies, materials and eql;ipmentrequired or used by such county or by a subdivision, officer, or employee thereof, exceptin& such purchases as may by law be required to be made by competitive bid, and to contract for all Repairs to property used by such county, its subdi&ions, officers, and employees, except such as by-Law are required to be contract- ed for by competitive bid. All purchases made by such agent shall ge paid for by warrants drawn by the county auditor on the county treasurer of such county as in the manner now provided by law. (c) It shall be unlawful for any person, firm or corporation, ether than such purchasing agent, to purchase any f,upplies,materials and equipment for, or to contract for any repairs to property used by, such county or subdivision, officer, or employee thereof, ;andno warrant shall be drawn by the county auditor or honored by the county treasurer of such county for any purchases except by such agent and those made by competitive bid as now provided by law; provided that the county pur- chasing agent may :lawfullycooperate with the pur- chasing agent for any incorporated city or cities in such county to :purchasesuch items in volume as may be necessary and the County Treasurer shall honor any warrant drawn by the county auditor to reimburse any city purchasing agent making such purchase for the county. (Emphasis added). The Galveston County purchasing agent maintains that article 1580 requires that all purchases of supplies and materials for the health district should also be made through his office. We disagree with this assertion. Article 4436b, V.T.C.:;., the Local Public Health Reorganization Act, was enacted in 1983 by the Sixty-eighth Legislature to repeal sixteen existing statutes relating to city and county health officers, and to establish intergovernmental health departments. See V.T.C.S. art. 4436b, $1.02; see also Bill Analysis to S.B. No. 109, prepared for Committee on Public Health, filed in Bill File to S.B. No. 109, Legislative Reference Library. Art. IV of the Local Public Health Reorganization Act allows a county and one or more incorporated municipalities in the county to establish a public health district. Art. 4436b. 814.01-4.09. Yhe members of the district must prepare a written instrument that governs its financial administration. Art. 4436b. 04.03(l). p. 2408 Honorable Michael J. Guariro - Page 3 (JM-524) We think that the authority of the members to contract in regard to the financial administrr~tionof the district permits them to agree to make purchases without the services of the county purchasing agent. SUMMARY Then Galveston County Health District is an independent political subdivision of the state, and is specifically authorized by article 4436b. V.T.C.S., to perform public health functions within Galveston County. It has the discretion to determine whether to utilize the services of the county purchasing agent in accordance with article 1580, V.T.C.S. JIM MATTOX Attorney General of Texas JACK HIGHTOWER First Assistant Attorney General NARY KELLER Executive Assistant Attorney General RICK GILPIN Chairman, Opinion Committee Prepared by Tony Guillory Assistant Attorney General p. 2409