,. - 

THEAYTORNEY GENERAL, 

OF TEXAS 

March 5, 1962 

Honorable Bradley C. Miles Opinfon No. W~J-1270 

County Attorney 

Abilene, Texas Re: Whether a school board 

trustee is in c.ontraventlon of Article 373, 

Vernon’s Penal Code, or 

guilty of official misconduct under any statutes relative to school 

trustees, by virtue of 

Dear Nr. Miles: the stated facts. 

You have asked this office for an official opinion 

as to whether a school board trustee would be In c.ontravention of Article 373 of the Penal Code or guilty of official 

misc,onduc,t under any statutes relating to a school board 

trustee, in being an exec.utive or a member of an insurance 

firm which acts as agent for a corporation which issues payment and performance bonds for general construction c.ontractors who regularly bid on and submit proposals fcr the construction of school buildings to be built by such school district, when suc.h bids are always accepted by the school board 

on a “low bid” basis. 

Article 373 of the Penal Code ‘does not provide a 

basis for criminal prosecution of an independent school distr-ict board trustee who has become involved in sc.hool contrac.ts in his private capac.ity, for the reason that such article applies “to any officer of any county or of any city or 

town. ” However, any contracts so entered into are void, being 

in violation of public policy and the particular trustee is 

sub,jec,t to removal proceedings on the basis of his official 

misconduct. Artic,les 5970, 5973, V. C. S. 

276 s.w.305 (Civ.App.1925). 

Meyers v. l!alker, 

The qilestion thereLore involved 

in your request ,.i.S whether an insurance firm which acts for 

a corporation which issues such payment and performance bonds 

outlined In your request has made a contract with the school 

district. Me believe the answer to this question to be no. 

The contract for the construction of school build?‘.ngs 

is between the school district and the cortrac,tor. The payment bond and the performance bond is betvieen the contractor 
IIon. Bradley C. F;iles, page 2 (1V!:l-1270) 

and the surety company. lhe school district has no 

authority to require a contractor to enter into bond 

c.ontracts with any particular surety company. 

Under the facts outlined above, the prospec.tive 

trustee would net be in violation of Article 372 of the 

Penal Code nor guilty of any official misconduct as defined in Articles 5970 and 5973, Vernon's Civil Statutes, 

if he wrote payment or performance bond contracts for 

contractors who did business with t:?e school district. 

A school board trustee !::ho is also 

an,executive or a member of an insurance 

firm which acts as agent for a corporation which issues payment and performance 

bonds for general construction contractors 

who regularly bid on and submit proposals 

for the construction of school buildings 

to be built by such school ciis-trict is not 

in violation of Article 373, Vernon's Penal 

Sode nor is he guilty of any offkial misconduct when he writes paymeiit or performance bonds :for a contractor with the school 

district. 

Yours very truly, 

';/ILL :~'Ij-JSo~J 

Attorney General of Texas 

JR:ms 

By .“,‘.~/” L’&- ~,~, ~LG:2 

,,i John Reeves 

(7 Assistant 
. - 

Hon. Bradley C. Miles, page 3 (:i?;l-l273) 

APPROVED: 

OPINION COl:I;II-IITTEE 

W. V. Geppert, Chairman 

Norman V. Suarez 

Henry Braswell 

3. C. Davis 

REVIEWED FOR THE ATTORNEY GENXRAL 

By: Houghton BFOvJnlee, Jr.