JIMMAIlOX AttorneyGeneral SupremeCourt

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TX. 77W2.3111 71-
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An Equal Opportunityi Attlrmative Actlon Employer 

# The Attorney, General of Texas
tirch 13. 1986

EooorableJamesA. Rasnmssen Wichita CountyAttorney P. 0. BOX 8025 Wichita Falls.Texas 76307 OpinionRo.J14-450 Ret Whether article9Pgb,V.T.C.S.. applies to a localpublic official's activities in his private capacity as the owner of an automobilegarage Dam Hr. Rasmussen: You inquire whether article 988b, V.T.C.S.. which relates to conflictsof interest of local public officials, applies to a deputy sheriffwho, in Ns private capacity,owns and operatesan automobile garage doting his off-duty hours and repairs patrol vehicles of the sheriff's office. You advise us that, generally. bids are not requestedfor the automobilerepairs end a bill.for completedrepairs is presentedto the comuissioners court for its approval. It is our opinion that article 9881,does not' apply to s deputy sheriff's contracts

with his county.' The prohibitionsprovided by irticle 988b apply to an official who has authorityto participatefor his govemwental entity in a vote or decision that affects a business in which the official 'hasa substantialinterest. OpinionJM-270 (1984). Sets. 3(a)(l), 4, 5. 6. See Attorney General
The cox&ssioners coutt is the general businegs snd ~contracting agency of a county, Andyit alone has authority to wake contracts binding OD the county, unless otherwise specificallyprbvided by statute. hderson v. Wood, 152 S.W.2d 1084. 1085 (Tex. 1941). See Attorney General OpinionsJM-270,JM-157 (1984). A deputy sheriff= not a member of the county's governingbody and cannot contract for the county or vote on a matter pertainingto county business. He does not have legal authority to participate in a vote' or decision involvinga county's contrect for the repair of the vehicles of the sheriff'soffi&- See AttorneyGeneralO&nions JM-310 (1985);JM-270 (1984); NW-236 (198r While we concludethat the activityof a deputy sheriffwhich 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. 2042Honorable 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

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