TEEA~TORNEY GENERAL 

OF I’EXAS 

January 9, 1961 

Honorable George Gray Opinion No. ww-$0 

County Attorney 

County of Ector Re: The effect of the appointRoom 201 ment of a purchasing agent 

Ector (County Courthouse for a county over 73,000 

Odessa, Texas population as to (a) The 

continued necessity of having the County Judge approve 

purchases (b) Purchases by 

the sheriff of food and medicine for county prisoners, 

(c) Purchases of food, clothing and supplies by the 'ounDear Pk. Gray: ty Kelfare authorities. 

You have requested an opinion on the following 

questions which arise as a result of the recent appointment of a ,County Purchasing Agent for Ector County pursuant 

to the permissive language of Article 1580, Vernon's CIvi.1 

Statutes as amended by Acts, 56th Legislature, Regular 

Session, 1959, Chapter 418, Page 913. 

What is the effect of such appointment: 

1. As to the continued necessity of 

having the County Judge approve purchases; 

2. As to the purchasing duties of the 

County Sheriff pursuant to the provisions of 

Articles 1040, 1045, and 1047, Code of Criminal Procedure; and, 

3. As to the purchases of food, clothing and medical supplies heretofore made by 

the County ?Jelfare Department? 

1. The language of Section 1 (b), Article 1580, 

states in part, as you pointed out, '. . . All purchases 

made by such Agent shall be paid for by warrants drawn by 

the County Auditor on the County Treasurer of such county 

as in the manner now provided by law." 
JIonorable George Gray, Page 2 (Ww--980) 

Article 1661, Vernon's Civil S;:.atutes, sets 

forth the requisites of approval for claims, bills and 

axounts against the county which are submitted to the 

Jaunty Auditor. It states: 

"lie shall not audit or approve any 

such claim unless it has been contracted 

as provided by law, nor any account for the 

purchase of supplies or materials for the 

use of said county or any of its officers, 

unless, in addition to other requirements 

of law, there is attached thereto a requisition signed by the officer ordering same and 

approved by the county judge." (I%nphasis 

ours) 

Neither the ianguage of Article 1580 above quoted, 

nor any other provision of Article 1580 indicates that the 

Legislature intended, by the passage of the 1959 Amendment, 

to eliminate the requirement, set forth in Article 1661, 

that claims, bills and accounts be approved by the 'County 

Judge. As there is no ascertainable conflict between the 

provisions, it is our opinion that the County Judge must 

continue to approve all claims, bills and ac'zounts presented to the County Auditor for payment by warrant drawn on 

the County Treasurer. Indeed, from a fair reading of the 

statutes in point, it is apparent that the Legislature intended that the two statutes work in conjunction with one 

another. 

It is, therefore, the opinion of this office that 

the County Judge must continue to approve claims, bills and 

accounts including those arising from purchases made by the 

County Purchasing Agent. Articles 1580, 1661, :1ernon's 

Civil Statutes. 

2. The answer to your second question may be 

found in Opinion No. V-1188 rendered June 13, 1951, by this 

office. This opinion, in turn, was grounded on a 1933 

opinion to Honorable J. L. Crosthwait, County Auditor of 

Dallas County. The substance of these two opinions reflects 

the well-established rule that where a general statute is enacted which is in apparent conflict with a specific statute 

speaking on the same subject matter, the specific statute 

will control and will not be overruled by implication. Perez 

v. Perez, 59 Tex.~ 122; San Antonio & A. P. Ry. Co. v. State, 

95 S.W. 2d 680; Sam Bassett Lumber Co. v. City of Houston, 

198 s.w. 2d 879. 
. . 

Honorable George Gray, Page 3 (w-980) 

We quote from the 1933 Opinion: 

'It has been the longstanding 

policy of the Legislature of this 

State to commit the care and maintenance of prisoners to the sheriff. 

I do not believe that it was the intention of the Legislature to alter 

this policy by the provisions of 

Chapter 236, Acts of the Forty-third 

Legislature. If such an intention 

did exist it would have been a relatively easy thing to have made 

express provision therefor, both in 

the caption of the bill and in its 

text." 

As the language of Chapter 236, Acts of the 

Forty-third Legislature, above mentioned, closely 

parallels the provisions of Article 1580, we find no inconsistency in the determination that it is not the duty 

of the Purchasing Agent of Ector County to perform the 

purchasing duties hitherto expressly assigned to the 

sheriff of said county pursuant to the provisions of Articles 1040, 1046, and 1047, Code of Criminal Procedure, as 

amended. 

3. As regards purchases made by the County 

Welfare Department you are advised that there is no statutory authority for said purchases being made by the Welfare 

Department itself. Accordingly, there is no conflict 

between statutes which would lead to the conclusion that 

said purchases should be made by anyone other than the 

County Purchasing Agent. Purchases by the County Welfare 

Department would, therefore, not fall within the rule set 

forth above in paragraph 2. Absent a statute specifically 

designating the purchasing duties of the Welfare Department, 

it would appear that the provisions of Article 1580, Vernon's Civil Statutes, will control and said purchases 

should be made by the County Purchasing Agent. Article 

1580, Vernon's Civil Statutes. 

SUMMARY 

Where a County Purchasing Agent is 

appointed pursuant to the provisions 

of Article 1580, Vernon's Civil 
Honorable George Gray, Page 4 (ml-980) 

Statutes, such appointment does not 

eliminate the requirement of Article 

1661, Vernon's Civil Statutes, that 

the County Judge must approve the 

payment of all claims, bills and 

accounts. 

It is not the duty of the County Purchasing Agent of Ector County to make 

purchases which are specifically designated to be the duty of the sheriff 

under Articles 1040, 1046, and 1047, Code 

of Criminal Procedure. Attorney General's 

Opinion V-1188. 

Pursuant to the provisions of Article 

1580, Vernon's Civil Statutes, it is 

the duty of the County Purchasing Agent 

to make purchases for the County Welfare 

Department. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

.4f$&&yG&J‘a 

BY 

Robert L. Armstrong 

:\sslstant 

RLA:hmc/mm 

APPROVED: 

OPINION COMMITTEE 

>J. V. Geppert, Chairman 

Leon F. Pesek 

William E. Allen 

ii. Ray Scruggs 

Ben M. Harrison 

REVIE!IED FOR THE ATTORNEY GENERAL 

BY: Morgan Nesbitt