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