OFFICE OF THEA7TORNEY GENERAL OF TEXAS AUSTIN 

## 186

&noraUe J. N. fiauldwia @unty Attorney, Johnson County cleburne

, Texas

Dousir:

Yio

have rscslvsdyour rs and quot. from ssas as follows:

"OILS Of the iasmbsrs Of th lonars~ Court or thls oounty ha holssalelumbar businessior ; hs oprates a truok and goes east Taxas and buys lumber e buys various kinds of lumbar suitableror br 8 buys Umber

ous lumber yuds in ld bridge lumbar to ias In this *lolnlty. Hs iereot 

### lumber

yards in ke whatover kind of lumme of the lumbermld to

on ha sold to one of the re load of bridge lumber. Jurls

"The other three nrembars of ths Comaisslomrs~ Court halve

heretofore

bought from these local yards some of the indention1 bridge lunaer that this Comlssloner sold to the yards,and **ueed** it in repairingand buildingbridges in their resgaotlvepreolmts. I tiso understandthat this partloularComalssl~na~ has pur**ohased** rrom sane at the looal yards suas of the idsatloal bridge lumber that he had previouslysold ths ya#&s, and used it in re;?alrlng and buildingbrld@es in hls preolJlot.

Ths smterial in eaoh of suoh lnstanosswas paid Soor

by the County, and the price paid ror the materialwas ths sake prioe that 

### any individual wou3.dhave had to pay Sor this kind of material. *I do not hiue any InformatIon that tbsre existed any-ape-at or understendlng between the loss1 lumber yards and the Commlsalonor, thtit he, or any other CmmlssIonersor the oounty ~uld purohase at retaflany part of the lumber the ~yirrd wers buying from him. WKould the purebasing of this ldentleal bride luaber from the boa1 yerds by the other three nonbore of 

### the Commissloaers~

Court,to be assd In bridge repairing and bulldlq In their respeotlveprsolnots,be a violation of either art. 571 or Art. 373 of our Penal cads? Vjould the purshaslnaof this ldentlosl bridge 1-0 

### bar rroathe looal yards **by** this partloularComlssloner, to be used in &id(s repalrln(l and buIldisg Is his prs

### olnot,bs a tlolatisaof elther Art. 1191 

### or Art. 37S, OS our Psnal Oods?*

Artlole 571, Psnal Cods OS Texas, 

### readsas followsr *Any ofiloer or any sounty or OS asy olty 

### or town who shall oootraotdlreotly 

### or indlreotly, or beoome 

### La any way latrsted is say oontraot ror the purohsss 

### oi any drait 

### or orderon the troasurcor suoh sosatyr alty or town, or ror asy jsry oertltlsatoer any 

### other debt, olaia or dsmandfor whloh said seunty, 

### elty or townuy or oan in any event be made llabl?, shall be lined not lass thur ten 

### normore than twenty tlass the amount of the order, draft, jsry osrtiiloate, debt, olals 

### or llabllltyBs purohasedor oontraotedior. Within the term 'oifloer, ' 18 lnoludsdsr-offloer8ontll they have made a ilnai settlement of their oS?IoIalaoOOunts.”

Artiole 373, Penal Code of Texas, reads as follows:

*IS any officerof may oounty, 

### or of any crlty 

### or town shall beooiw in any manner peeuniarllylnterestsd in any eontraots made by suoh sounty, olty or tom, through Its a&ents,or otherulse,Sor ths eonstruotion or 

### repairof any brldse, road, street, allay or house, or any other.workundertakenby suoh oousty, city 

### or town, or shall be&we tnterested in any bld 

### or propt~al for suoh 

### work or In the purohase or sale of anything



# t-de for or on ecoount oi aloh oounty, city or town,

or who shall oontruot for ore noelve any mney or property,or the iepreseatatlvs of either, or any emolkaent or advantage whatsoever la oonelderotlon of such bid, proposal,oontraot,purchaseor sale, he shall be flned not less than fifty nor more tkaa rive hundreddo11ars."

Under the above faote subaitted by you, it seems olear that the bridge lumberpurobasedby ths ~mmls~loners for the use sad benefitor the oountywas purohasedIFofii your looal lumber yard and not~fronyour soarmiseloner~. Under well dsttled prlaolplea of law we must prssums, la the abssnee of facts to the oon- ,trary. that your oommlssloner owned so interest in such brldEe lumbar at the tlms s&mewas purohasedfor the oouaty. Yea also state in your lstter that you know of no sgrwment or udlerstandlnt, betweenthe lumber yard and the eommlrslonor meking the sale of such lumberto the luaiber yard, that would lndlestesame was other than a Eons fide sale..

We do not believe that the aots-desorlbed in eitherof Jour questions oonstituts par se violationsof the hereinaboveset out penal statutes.

**Trust&a6** we have 

### answered your iaWry satlsfaotorlly, we are
Yours very truly