OFFICE OF THE ATTORNEY GENERAL OF TEXAS
mnorable Huivhy Cole
County Auditor
Wberty County
tiberty, Texar
Your request f
fully oonsidered by th,ts quote from your cb-
quert 88 t011ovst
%nder date of 0, in oplnlon
ml county, you
sslonEmt’ court
.:_
.,.
ridge is a lioenaed attor-
ve pFactlci of lav and does,
resent the County in all
vauld the Cotiasfonersi Court be
employ said Comty Judge 88 coumel
he County in suits i’Lled a&n& the
ehalf of the County where the juris-
County Coqt vould not be involved?”
Article 19~~8, Veernonls Annotated Texas Civil Statutes,
reads 8s follom t
“The county judge hall, before entering upon
the duties of his office,‘execute a bond payable
to the treasurer of his county to be approved by
the oomLlsslon6rs court of his county, in a sum of
p gonorable Murphy Cole, Page Q
not lens than omthousrnd not mor4 than ten thou-
.sand dollars, the mount to be fixed by the com-
mIssloners Court, conditioned that he vi11 pay over
to the person or oliicsr antItIled to receive It,
all moneys that nuy oonn into his hands a4 oounty
‘judge, and that he vi11 pay over to his county all
moneys Illegally paid to him out of aounty funds,
as voluntary paynasntr or othervise, and that he
rlll not vote or give his consent to pay out ooun-
ty fund8 exoept ror lavful purpos~s.~
Artlole 2340, Vernon*8 Annotated Texas Civil Statute;,
WS~S a8 r0iittwt
“Before entering upon the duties of their of-
floe, the county judge and eaoh oomIsslon4r shall
Wee the,ofl’Ioirl oath, and shall also take a vrU.-
ten oath that he vi11 not be dlreotly or IndIrectly
interested In any contract vlth, or claim against,
the county in whioh he re4Ides;except such varrants
./-- aa may Issue to him as Se48 of’ offIa4. Each cormnis-
slonsr shall execute 8 bond to be approved by the
oouuty judge in the sum of three thousand dollars,
payable to the county treasurer, conditioned Par the
faithful performme of the duties of his office,
that he will pay over to his county all money8 Ille-
gally paid to him out of county funds, as Voluntary
paynmnts or othervise, and that he vi11 not vote or
give his consent to pay out oounty tunds ero4pt ror
lavrul purposes.4
This department held, In an opinion vrltten by Eonor-
able V.I. Kesllng, Assistant Attorney General, datsd P&larch1,
1913, and printed In lgl2-1914 Reportsi!oi the attorney General
Of Texas, pages 119-120, that a aontract betvesn the oountp
judg4 and the commi4sIoners* court of Tarrant County allowing
the county judge comznIseIon4 for the sale of countg bond4 vas
vlolatIv4 of the ‘oounty~ judge~s oath vhlch provided that the
4Ounty judge “~111 not be directly or Indirectly Interested In
44 contract mith or claim against the county In vhich he re-
4id44, 4xa4pt such warrants as my 143~4 to him as fees of
ottice. n The opinion also held the contraot void 6s contrary
to lound public polioy.
/^- Eonorable Murphy Cole, Page 3
Ye think the above holdlng i8 correot and ve ap-
prow srme.
It I4 the apInIon OS this department that the pro-
posed employment voufd be vlolatlvs of the county Judge’s
oath of offlco and aleo contrary to sound public policy.
Tour question la therefore ansuered In the negative.
,
Very truly yours c
lint. J. Fantllng
Assistant
VJFlAN . .
/‘
Untitled Texas Attorney General Opinion
Combined Opinion