Untitled Texas Attorney General Opinion

The Attorney, General of Texas
JIM MAIlOX tirch 13. 1986
Attorney General
SupremeCourt
Building Eooorable James A. Rasnmssen Opinion Ro.J14-450
P. 0. Box 12549 Wichita County Attorney
Austin. TX 75711- 2543 P. 0. BOX 8025 Ret Whether article 9Pgb, V.T.C.S..
51114752501
Telex 91M)W1357
Wichita Falls. Texas 76307 applies to a local public official's
TeIecc@l~ 51214750288 activities in his private capacity
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
4524 Albetlr Ave.. Suite 150 sheriff who, in Ns private capacity, owns and operates an automobile
I3 Paso. 7X. 798X-2793 garage doting his off-duty hours and repairs patrol vehicles of the
91- sheriff's office. You advise us that, generally. bids are not
requested for the automobile repairs end a bill.for completed repairs
1Ml Texu. Suite 700 is presented to the comuissionerscourt for its approval. It is our
~Houst~n.TX. 77W2.3111 opinion that article 9881, does not' apply to s deputy sheriff's
71- contractswith his county.'
905 8roadway, Suite 312
The prohibitions provided by irticle 988b apply to an official
Lubbock, TX. 794dW479 who has authorityto participatefor his govemwental entity in a vote
596l-7475238 or decision that affects a business in which the official 'has a
substantialinterest. Sets. 3(a)(l), 4, 5. 6. See Attorney General
Opinion JM-270 (1984).
4309 N. Tenth. Suite S
McAtlen, lx. 78501.1595
512aS2-4547 The cox&ssioners coutt is the general businegs snd ~contracting
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
An Equal Opportunityi not have legal authority to participate in a vote' or decision
Attlrmative Actlon Employer involving a county's contrect for the repair of the vehicles of the
sheriff'soffi&- 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
2043