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