OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

QRO”t?R slxLEp 

*T10111cY GmcnAL 

Honorable U. It. BaldriQe 

District Attom8y 

Denton, tuae 

Deer Sir: 

give Die your op 

qlmtion, to-wit: 

Porn a 800. 0 
lion. Y. L Baldri~ - Pqe 2 

&&ibl. offdor perwn 

y anjr 6alu-y fee of e 

Ineligiblr . * 

"The Sheriff of Demon Count 

the salary oystim and the automob xi 

Texn6, work8 un&r 

06 which ere provided for the u6e of %he SherifS and tie deputier 6s-e 

0-d -by aoid Dsnton Couuty. The ~&xpeueee of Qt. Operation of the Sheriff to autamob$lea uy). paid by Da&on 

Tbo Sheriff has l stabllehed the auata~of 

retall outlete in De~tvni 

"The, Sheriff and hie deput$e6 buy the gy(oline for 

the county owned cers and charge 6eme to Dentm C0unt.y. 

At the end of the month the salea tickets are 

to the Coaaisafoners* Court and they em paid t= yDenton 

eaented 

County. 

nTho oon of the Sheriff ogrratoa a gasoline station 

in thie city on a comi6sion baaie, The Sheriff~ci .aon 

io the mnqec of the st#Son whiah is owned by a laej~r 

oil cxlpan nnd ho make6 a profit 03 each galX.lonf Caeoline tllot ii 86eu6. 

"The sheriff merely makes the purahhoeea of geeoline 

charging s&e to Centon county. The Comaio6ioner6~ Co uri 

approves the paymat of 6eme. The Sh6riff he6 no voice 

in the approval of the accounte or the pa ytnmt .of awe, 

"It i6 not clear to W'uhother the 6bOVe 

9" 

oted 

L’lUtUte6 pmhib%t the Sheriff under the abOVe aCti@ fZ-W 

I&dng ouch p~chssoo i hi6 OOlb 1 ebould l%kG 'fOT 

YOU t.0 glye cy) pour 0 inian as to whether the 'A0 tlOm* 

&.LtUt@#, would prohib E t Denton COUnti 

pqyinp;~~l;ulmofthesoiloftheSeriffWdWthe E 

iroa, 6pprO & ' - aad 

above Stated fac.cto~” 
‘!ion. \i. I(. Beldridge - IQ6 3 

It is clear to u6 that 

;dth the factti information eu bid 

our question, in conjunction 

ttOd 

i~xticloa 432 aud 435 of the Texas 

1166 wholly outside OS 

Penal Code, 

Vie therefore, reepectfully anmier your question in 

the affiruat4ve. 

The Nopotiam 6tatute 16 designed to and does prohibit 

the County Commiasionors and County Judge from appointing, voting 

i'or or confixmbg the appointment CO my office, pooition, clerkship 

idbi t 

eqloyclent or duty of 

cd degree to euch offici 3 

pereon related within the pro6 ?&ion they Would attempt to pay 

-M~lic funda to mch other peraon, but aaid statute clearly does 

;iot 

til6 f 

rohibit mere purchnsas frm a pereon 60 related to them. In 

ndxnce cited in your lotter there ha6 been no.attenpt to 

r:;ipoint tho Sherifff's Don to any office, enploymont, 

r 

oition or 

duty, but the County is merely makin& purchases from IIQ, and even 

if tho Zheriff*s 6~ wac relat6d to the County Judge and aone one 

OS &l of tho County Comi661oners by affinity within the 6ocond 

ClcLroe 6nd by:consan,@.nity uitiin the third degree 6till mere 

~~arch&sm by the Comhsionoro 1 Court ikom him would not be proi:ibitcd under the laws of thie State unleon it 16 shown that 6ose . 

:.c&or of the Court ~6s pecuniarily inte+or;ted in such purchases, 

i: ia ~41 eetablished in Texas that contrncto entered into by a 

:xbllc officer in No official capcicity ~1‘0 illegit and void if 

sllcli officer either directly or indirectly has a puniary intorest 

11~: such contract. Eoyors ot al VE. Lnlker ot al, ..76 S.bi. 305. 

Ye am enclooing cop166 of our Opinion No. O-2383 wherein 

LUC dcpzrtmnt held thct n school board could lm~i'ully buy C;an>lino 

;.fid oil on the contract basis etc. for the u6e of the~school from a 

&od cousin of one of the cmmbers of the school board, and that a 

6c!lool board could lawfully .glve printin:: work to the brother of one 

oz the rxe;nbers ofthe 6chool board,which printing wa6 to be paid for 

cut of school funds. 

R\rthcr we &e encloeinC COTI of Opinion ho, O-2656 whereir, tbi6 deparwnt held tl.at it wa6 not illegal for a COUnty Comais6i0116r to purchase emergency eup9liea for conotruCtiOn and repair 

of coud,y roads 66 an 6gcnt of the County, under aUthOrity Of the 

;o~.i~t;i~nem* court, from the Comuisslonere~ brather who owned and 

ij;mratCd abusiness, where the COnr?i66ion6r W&8 not pSCtiaCily 
648 

iiOn. L. K.Baldridge - ?nee b 

our affkantAT0 aamler to your fira% queotkn meaNar3.ly 

compels the conclwion t&t our eecowi queetio3 ehould be and I8 

!:erety nxmwered in the nSp;o J v0b 

Your8 very truly 

JTZc:djn -. 

eI;nclosurea