THE AIIY)WNEY GENERAL 

OF TEXAS 

Hon. W. T. (Tom) McDonald, Jr. Opinion No. M- 1140 

County Attorney 

Brazos County Courthouse Re: Construction of Article 

Bryan, Texas 77801 2340, V.C.S., and Article 

373, V.P.C., concerning 

legality of purchases of 

employees of 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 such warrants as 

may issue to him as fees of office. Each commissioner 

shall execute a bond to be approved by the county 

judge ifi the sum of three thousand dollars, 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 

lawful purposes." (Emphasis added.) 

Article 373, Vernon's Penal Code, provides: 

“If a-.- ^ 

or towiiT% 

LILY ufficer of any county, or of any city 

la11 become 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 construction or repair of any bridge, road, street, 

alley or house, or any other work undertaken by such 

county, city or town, or shall become interested in 

any bid or proposal for such work or in the purchase 

or sale of anythinq made for or on account of such 

county, city or town, or who shall contract for or 

receive any money or property, or the representative 

of either,- or any emolument or advantage whatsoever 

in consideration of such bid, proposal, contract, 

purchase or sale, he shall be fined not less than 

fifty nor more than five hundred dollars." (Emphasis 

added. ) 

The foregoing statutes are based upon "sound public 

policy" and are designed to eliminate any conflicts of interest 

between the county and those who manage its fiscal affairs. City 

of Edinburg v. Ellis, 59 S.W.Zd 99, 100 (Tex.Comm.App. 1933); 

Attorney General's Opinions M-751 (1970) and O-1589 (1939). 

The authorities are practically unanimous 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 construction of 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." (Brackets added.) 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 purchases made for the county 

by county employees from a store owned by a county commissioner and 

paid for out of county funds result in a direct personal pecuniary 

interest of that commissioner in the purchases and violates his 

oath under Article 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 

to make purchases, paid for with county funds, 

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Hon. W. T. (Tom) McDonald, Jr., page 3 (M-1140) 

from a store owned by a county c 

truly yours, 

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 

Executive Assistant 

NOLA WHITE 

First Assistant 

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