November 2, 1972 

non. Bill McCoy Opinion No. M- 1259 

County Attorney 

Bctor County R0: Does a conflict of interest 

Odessa, Texas 79760 exist for an Ector County 

Commissioner when his private 

accounting firm is hired by 

the 17-county Permian Basin 

Regional Planning Commission 

Dear Mr. McCoyr of which his county ir a member? 

You request our opinion as to the possibilities of 

violations of the Cosuniseioner's oath under Article 2340, Vernon's 

Civil Statutes, due to an alleged conflict of interest reaulting 

from the hiring of a firm in which an Ector County commissioner 

has an interest by the Permian Basin Regional Planning Comnission. 

The facts aa outlined in your request are: 

Ector County is a member of Permian Basin Regional Planning 

Commission, organized pursuant to Article lOllm, Vernon's Civil 

Statutes. The governing body of the Planning Commission is made up 

of the county judges of the member counties. Yearly membership dues 

are paid by Ector County as well as all other governmental members,. 

which funds, along with matching state and federal funds constitute 

the annual operating budget of the Planning Cosunission. Subsequent 

to the vote of the commissioner in question, along with all other 

members of Ector County Commissioners Court, for entry into the 

Planning Commission and the appointment by the court of the County 

Judge to the governing body, the Planning Commission hired a private 

accounting firm, in which the Ector County Coannissioner has an interest, 

to perform some work for the Planning Commission. 

Article 2340 provides for not only the official oath of 

office for county commissioners, but also a written oath concerning 

potential conflicts of interest with his public responsibilities 

as follows: 

I 

. . . each Commissioner shall take the 

official oath, and shall also take a written 

oath that he will not be directly or indirectly 

-6170- 
Hon. Bill McCoy, page 2 (M-1259) 

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 in 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." 

From the facts and comments in your letter, we hold that 

no conflict with this Article exists in this situation. The contract of employment in which this Commissioner has an interest is 

not with the county and any potential claim would necessarily be 

against the Planning Commission and not the county. It is presumed 

that no member county retains any regulatory or veto power on the 

use of that county's membership dues paid into the Planning Commission's operating fund save the vote 

Commission's governing body. 

of the county judge on the 

All public officers or employees, including county corunis. 

sioners, are subject to the code of ethics as codified in Article 

6252-9 of Veron's Civil Statutes. 

in Section 1 of said Code is: 

The public policy as contained 

"It is hereby.declared to be the policy 

of the Legislature of the State of Texas that 

no Member of the Legislature, legislative employee, elected State official, appointed State 

official, employee of a State agency, or any 

person who has an office of honor or trust in 

the State of Texas or any of its political subdivisions shall have any interest, financially 

or otherwise, directly or beneficially, or 

engage in any business transaction or professional activity or incur any obligation 

of any nature which is in substantial conflict 

with the proper discharge of his duties in the 

public interest. . . .* 

-6171- 
Hon. Bill McCoy, page 3 (M-1259) 

It is the very.purpose of this ethics code, as well as 

others, to avoid any possibility of conflicting interests, duties, 

pecuniary interests or conflicts with the public interest and so 

makes it the public policy of the State. 

From the facts given (i.e. the commissioner is not required to take a position contrary to the interests of the county), 

it is our opinion that no actual or potential conflicts are presented 

by the employment of the commissioner's accounting firm by the Permian 

Basin Regional Planning Commission which could be construed as a 

violation of the provisions or policies of Article 6252-9 or public 

policy. 

i 

SUMMARY 

The Commissioner in question has not violated 

his oath as contained in Article 2340, V.C.S., by 

the employment of his accounting firm by the:Commission. 

The hiring of the private accounting firm 

of this commissioner by the Permian Basin Regional 

Planning Commission presents no conflict~of interest 

under Article 6252-9, V.C.S. 

Yofi very truly, 

Prepared by Harry C. Green 

Assistant Attorney General 

Kerns Taylor, Chairman 

w. E. Allen, Co-Chairman 

Austin Bray 

Ben Harrison 

Gerald Ivey 

sig Aronson 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

KOLA WHITE 

First Assistant -6172-