## THE AIIY)WNEY GENERAL OF TEXAS

Hon. W. T. (Tom)McDonald, Jr. Opinion No. M- 1140 County Attorney Brazos County Courthouse Re: Constructionof Article Bryan, Texas 77801 2340,V.C.S., and Article 373,V.P.C., concerning legalityof purchases of employeesof a county commissioner from the Dear Mr. McDonald: latter's store.

We have received your recent request for an opinion concerning the legality of purchases for the county by county employees from a store owned by a county commissioner and paid for out of county funds.

Article 2340,Vernon's Civil-Statutes,provides: "Before entering upon the duties of their office, the county judge and each commissioner shall take the official oath, an&shall also take a written oath that he will not be directly or indirectly interested in any contract with, or claim against, the county in which he resides, except suchwarrants as may issue to him as fees of office. Each commissioner shall execute a bond to be approved by the county judge ifithe sum of three thousanddollars,payable to the county treasurer, conditioned for the faithful performance of the duties of his office, that he will pay over to his county all moneys illegally paid to him out of county funds, as voluntary payments or otherwise, and that he will not vote or give his consent to pay out county funds except for lawfulpurposes." (Emphasis

### added.) Article 373,Vernon's Penal Code,provides:

“If a-.- ^ or towiiT%LILY

ufficer of any county, or of any city la11become in any manner pecuniarily interested in any contracts made by such county, city or town, through its agents, or otherwise, for

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.-Hon. W. T. (Tom)McDonald, Jr., page 2 (M-1140)

the constructionor repair of any bridge,road, street, such alley or house, or any other work undertakenby county, city or town, or shall become interested in any bid or proposal for such work or in thepurchase or sale of anythinqmade for or on accountof such county, city or town, or who shall contractfor or receive anymoney or property, or the representative of either,-

or any emolument or advantagewhatsoever in considerationof such bid, proposal,contract, purchase or sale, he shall be finednot less than fifty nor more than five hundred dollars." (Emphasis 

### added.) The foregoing statutes are based upon "soundpublic policy" and are designed to eliminate any conflicts of interest between the county and those who manage its fiscal affairs. City of Edinburgv. Ellis, 59 S.W.Zd 99, 100 (Tex.Comm.App.1933); Attorney General'sOpinions M-751 (1970)and O-1589 (1939).

The authorities are practicallyunanimous to the effect that the officer, to be liable, must have an interest (directly or indirectly) in the claim against the county. A remote interest will not bring an officer within the statute. Attorney General's Opinions 344 (1939)and 6044 (1944).

In Rigby v. State, 10 S.W. 760 (Tex.Civ.App.1889), the court's constructionof Article 373 stated that the statute "inhibits every officer of a county, city or town from selling to or purchasing from such corporation [county]any property whatever." (Bracketsadded.) In accord, Bexar County v. Wentworth, 378 S.W.2d 126 (Tex.Civ.App.1964, error ref. n.r.e.).

It is our opinion that the purchasesmade for the county by county employees from a store owned by a county commissioner and paid for out of county 

### funds result in a directpersonal pecuniary interest of that commissioner in the purchases and violates his oath underArticle 2340,Vernon's Civil Statutes,and also violates Article 373,Vernon's Penal code. SUMMARY It is a violation of Article 2340,V.C.S., and of Article 373,V.P.C., for county employees tomake purchases,paid for with county funds,

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from a store owned by a county c trulyyours,

Prepared by Linda Neeley Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Ben Harrison Bill Craig wardlow Lane Scott Garrison SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER ExecutiveAssistant NOLA WHITE First Assistant

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