JIM MAlTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12548 

Austin, TX. 7871% 2548 

512/4752Wl 

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An Equal Opportunity/ 

Affirmative Action Employer 

The Attorney General of Texas 

July 17, 1986 

Honorable Michael .J.. Guarino 

Criminal District Mtorney 

405 County Courthouse 

Galveston, Texas 77550 

Opinion No. .JM-524 

Re: Whether purchases for a county 

health district must be made by 

the county purchasing 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 the health district. 

You inform ~$8 that Galveston County entered into an agreement 

with other local lwlitical entities within the county to organize a 

health district pu,rsuant to article 4436b, V.T.C.S. The cooperative 

agreement among it3 members 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) or more inhabitants according to the last 

preceding Federal Census, a majority of a Board 

composed 'of the 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 until his successor is 

appointed and qualified, who shall execute a bond 

in the sum of Five Thousand Dollars ($5.000), payable to said county, for, the faithful performance 

of his du,ties. 

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

-, 

(b) It shall 'x the duty of such agent to make 

all purchases for such county of all supplies, 

materials and eql;ipment required or used by such 

county or by a subdivision, officer, or employee 

thereof, exceptin& such purchases as may 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 to be contracted for by competitive bid. All purchases made by 

such agent shall ge paid for by warrants drawn by 

the county auditor on the county treasurer of such 

county as in the manner now provided by 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 shall be drawn by 

the county auditor or honored by the county 

treasurer of such county for any purchases except 

by such agent and those made by competitive bid as 

now provided by law; provided that the county purchasing agent may :lawfully cooperate with the purchasing agent for any incorporated city or cities 

in such county to :purchase such items in volume 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. (Emphasis added). 

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 statutes relating to city and county health officers, 

and to establish intergovernmental health 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 district must prepare a 

written instrument that governs its financial administration. Art. 

4436b. 04.03(l). 

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

We think that the authority of the members to contract in regard 

to the financial administrr~tion of the district permits them to agree 

to make purchases without the services of the county purchasing agent. 

SUMMARY 

Then Galveston 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 Galveston County. It has the discretion to 

determine whether to utilize the services of the 

county purchasing agent in accordance with article 

1580, V.T.C.S. 

JIM MATTOX 

Attorney General of Texas 

JACK HIGHTOWER 

First Assistant Attorney General 

NARY KELLER 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 2409