JIM MAIlOX 

Attorney General 

SupremeCourt Building 

P. 0. Box 12549 

Austin. TX 75711- 2543 

51114752501 

Telex 91M)W1357 

TeIecc@l~ 51214750288 

714 .Jaoktlnn, sld1e Ion 

oaas, TX” 752g2-4508 

2W742-5944 

4524 Albetlr Ave.. Suite 150 

I3 Paso. 7X. 798X-2793 

91- 

1Ml Texu. Suite 700 

~Houst~n. TX. 77W2.3111 

71- 

905 8roadway, Suite 312 

Lubbock, TX. 794dW479 

596l-7475238 

4309 N. Tenth. Suite S 

McAtlen, lx. 78501.1595 

512aS2-4547 

200 Main Plaza, suite 4cQ 

San Antonio. TX. 752CW2797 

51212254191 

An Equal Opportunityi 

Attlrmative Actlon Employer 

The Attorney, General of Texas 

tirch 13. 1986 

Eooorable James A. Rasnmssen 

Wichita County Attorney 

P. 0. BOX 8025 

Wichita Falls. Texas 76307 

Opinion Ro.J14-450 

Ret Whether article 9Pgb, V.T.C.S.. 

applies to a local public official's 

activities in his private capacity 

as the owner of an automobile garage 

Dam Hr. Rasmussen: 

You inquire whether article 988b, V.T.C.S.. which relates to 

conflicts of interest of local public officials, applies to a deputy 

sheriff who, in Ns private capacity, owns and operates an automobile 

garage doting his off-duty hours and repairs patrol vehicles of the 

sheriff's office. You advise us that, generally. bids are not 

requested for the automobile repairs end a bill.for completed repairs 

is presented to 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 prohibitions provided by irticle 988b apply to an official 

who has authority to participate for his govemwental entity in a vote 

or decision that affects a business in which the official 'has a 

substantial interest. 

Opinion JM-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, Andy it alone has authority to wake contracts 

binding OD the county, unless otherwise specifically prbvided by 

statute. hderson v. Wood, 152 S.W.2d 1084. 1085 (Tex. 1941). See 

Attorney General Opinions JM-270, JM-157 (1984). A deputy sheriff= 

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 

not have legal authority to participate in a vote' or decision 

involving a county's contrect for the repair of the vehicles of the 

sheriff's offi&- 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