JIM MAlTOX Attorney General

Supreme Court Building P. 0. Box 12548 Austin, TX. 7871% 2548 512/4752Wl Telex 91QrS74.1367 Telecopier 512f475-0258

714 Jackson, Suite 700 Dallas, TX. 75202-4506 2141742-8944

4824 Alberta Ave.. Suite 180 El Paso, TX. 798052793 915/533aS4

pY Texas, Suite 700 ,ston, TX. 77002-311 I I ~Jl2255888

606 Broadway, Suite 312 Lubbock. TX. 79401.3479 8081747.5238

4309 N. Tenth, Suite B McAllen. TX. 78501-1685 512f882.4547

200 Main Plaza, Suite 400 San Antonio, TX. 70205.2797 51212254191

An Equal Opportunity/ Affirmative Action Employer 

# The Attorney General of Texas

July 17, 1986

HonorableMichael .J.. Guarino CriminalDistrictMtorney 405 County Courthouse Galveston,Texas 77550 OpinionNo. .JM-524

Re: Whether purchases for a county health district must be made by the countypurchasing agent

Dear Mr. Guarino:

You have aslwd whether the Galveston County Health District is required to comply with article 1580, V.T.C.S.. in purchasing materials and supp,Lies for thehealth district.

You inform ~$8that Galveston County entered into an agreement with other local lwlitical entities within the county to organize a health district pu,rsuantto article 4436b, V.T.C.S. The cooperative agreementamong it3members provides as follows:

In the purchase of all services, equipment and materials, the Board shall adhere to the applicable strkute(s) which governs counties for the purchase of services, equipment and materials, although the Board is not required to use the services of the County Purchasing Agent or County Auditor.
Article 1580,V.T.C.S..provides as follows:
Section 1.. (a) In all counties of this state having a population of seventy-four thousand (74,000)ormore inhabitantsaccording to the last preceding Federal Census, a majority of a Board composed 'ofthe judges of the District Courts and the County Judge of such county, may appoint a suitable person who shall act as the county purchasing agent for such county, who shall hold office, unless removed by said judges, for a period of two (2)years, or untilhis successor is appointed and qualified,who shall execute a bond in the sum of Five ThousandDollars ($5.000),payable to said county, for,the faithfulperformance of his du,ties.

p. 2407HonorableMichael J. Guarins) - Page 2 (JM-524)

-,
(b) It shall 'x the duty of such agent tomake all purchases for such county of all supplies, materials and eql;ipmentrequired or used by such county or by a subdivision, officer, or employee thereof,exceptin& such purchasesasmay by law be required to be made by competitive bid, and to contract for all Repairs to property used by such county, its subdi&ions, officers,and employees, except such as by-Law are required tobe contracted for by competitivebid. All purchasesmade by such agent shallge paid for by warrants drawn by the county auditor on the county treasurerof such county as in themanner now providedby law.
(c) It shall be unlawful for any person, firm or corporation, ether than such purchasing agent, to purchase any f,upplies, materials and equipment for, or to contract for any repairs to property used by, such county or subdivision, officer, or employee thereof, ;and no warrant shallbe drawnby the county auditor or honored by the county treasurer of such county for any purchases except by such agent and thosemade by competitivebid as now providedby law;provided that the countypurchasingagentmay :lawfully cooperatewith the purchasing agent for any incorporated city or cities in such county to :purchase such items involume as may be necessary and the County Treasurer shall honor any warrant drawn by the county auditor to reimburse any city purchasing agent making such purchase for the county. (Emphasisadded).
The Galveston County purchasing agent maintains that article 1580 requires that all purchases of supplies and materials for the health district should also be made through his office. We disagree with this assertion.
Article 4436b, V.T.C.:;.,the Local Public Health Reorganization Act, was enacted in 1983 by the Sixty-eighth Legislature to repeal sixteen existing statutesrelating to city and countyhealth officers, and to establish intergovernmentalhealth departments. See V.T.C.S. art. 4436b, $1.02; see also Bill Analysis to S.B. No. 109, prepared for Committee on Public Health, filed in Bill File to S.B. No. 109, Legislative Reference Library. Art. IV of the Local Public Health Reorganization Act allows a county and one or more incorporated municipalities in the county to establish a public health district. Art. 4436b. 814.01-4.09. Yhe members of the districtmust prepare a written instrument that governs its financial administration. Art. 4436b. 04.03(l).

p. 2408HonorableMichael J. Guariro - Page 3 (JM-524)

We think that the authority of themembers to contract in regard to the financialadministrr~tion of the district permits them to agree tomake purchaseswithout the servicesof the countypurchasing agent.
SUMMARY
ThenGalveston County Health District is an independent political subdivision of the state, and is specifically authorized by article 4436b. V.T.C.S., to perform public health functions within GalvestonCounty. It has the discretion to determine whether to utilize the services of the countypurchasing agent in accordancewith article 1580,V.T.C.S.

JIM MATTOX Attorney General of Texas
JACK HIGHTOWER FirstAssistantAttorney General

NARY KELLER ExecutiveAssistantAttorney General

RICK GILPIN Chairman,Opinion Committee Preparedby Tony Guillory AssistantAttorney General

p. 2409