### 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 theappointRoom 201 ment of apurchasing agent Ector (CountyCourthouse for a county over 

### 73,000 Odessa, Texas population as to (a)The continued necessity ofhaving the County Judge approve purchases (b) Purchases by the sheriff of food andmedicine for county prisoners, (c)Purchases of food, clothingand supplies by the 'ounDear Pk. Gray: tyKelfare authorities.

You have requested an opinion on the following questions which arise as a result of the recent appointment ofa ,CountyPurchasing 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 thepurchases of food, clothing andmedical supplies heretofore made by the County ?JelfareDepartment? 1. The language of Section 1 (b),Article 

### 1580, states inpart, as youpointed out, '.
. .Allpurchases made by such Agent shallbe paid for by warrants drawn by the County Auditor on the County Treasurer of such county as in themanner now provided by law."JIonorableGeorge 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:

"lieshallnot audit or approve any such claim unless ithas been contracted as provided by law, nor any account for the purchase of supplies ormaterials for the use of said county orany of its officers, unless, inaddition to other requirements of law, there is attached thereto a requisition signedby the officer ordering sameand approved by the county judge." (I%nphasis ours) Neither the ianguage of Article 

### 1580above quoted, nor any other provision ofArticle 

### 1580indicates 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 isno ascertainable conflict between the provisions, it is our opinion that the County Judge must continue to approve all claims, bills and ac'zountspresented to the County Auditor for payment bywarrant drawn on the County Treasurer. Indeed, from a fair reading of the statutes inpoint, it isapparent 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 Judgemust 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 toyour second question may be found in Opinion No. V-1188 rendered June 13, 1951, by this office. This opinion, in turn, was grounded ona 1933 opinion toHonorable J. L. Crosthwait, County Auditor of Dallas County. The substance of these two opinions reflects the well-established rule thatwhere a general statute is enacted which is inapparent conflict with a specific statute speaking on the same subject matter, the specific statute will control andwill not be overruled by implication. Perez v. Perez,59 **Tex.~** 122; San Antonio & A. P.Ry. Co.v. State, 95 S.W. 2d680; Sam Bassett Lumber Co.v. City ofHouston, 198 s.w. 2d 879.. .

Honorable George Gray, Page 

### 3 (w-980)

We quote from the 1933 Opinion:
'Ithas been the longstanding policy of the Legislature of this State to commit thecare and maintenance ofprisoners to the sheriff. I do not believe that itwas 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 itwould have been a relatively easy thing tohave made express provision therefor, both in the caption of thebill 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 isnot the duty of the Purchasing Agent of Ector County toperform the purchasing duties hitherto expressly assigned to the sheriff of said county pursuant to theprovisions 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 isno statutory authority for saidpurchases being made by the Welfare Department itself. Accordingly, there isno conflict between statutes which would lead to the conclusion that saidpurchases should bemade by anyone other than the County Purchasing Agent. Purchases by the County Welfare Department would, therefore, not fallwithin the rule set forth above inparagraph 2. Absent a statute specifically designating thepurchasing duties of theWelfare Department, itwould appear that theprovisions of Article 

### 1580,Vernon's Civil Statutes, will control and saidpurchases should bemade 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 CivilHonorable George Gray, Page 4 (ml-980)

Statutes, such appointment does not eliminate the requirement ofArticle 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 tomake purchases which are specifically designated tobe the duty of the sheriff under Articles 1040, 1046, and 1047, Code of Criminal Procedure. Attorney General's Opinion V-1188.
Pursuant to theprovisions of Article 1580, Vernon's Civil Statutes, it is the duty of the County Purchasing Agent tomake 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!IEDFOR THE ATTORNEY GENERAL
BY: Morgan Nesbitt