OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

mnorable Huivhy Cole 

County Auditor 

Wberty County 

tiberty, Texar 

Your request f 

fully oonsidered by th,ts 

quert 88 t011ovst 

quote from your cb- 

%nder date of 0, in oplnlon 

ml county, you 

sslonEmt’ court 

ridge is a lioenaed attorve pFactlci of lav and does, 

resent the County in all 

vauld the Cotiasfonersi Court be 

employ said Comty Judge 88 coumel 

he County in suits i’Lled a&n& the 

ehalf of the County where the jurisCounty Coqt vould not be involved?” 

Article 19~~8, 

reads 8s follom t 

Veernonls Annotated Texas Civil Statutes, 

“The county judge hall, before entering upon 

the duties of his office,‘execute a bond payable 

to the treasurer of his county to be approved by 

the oomLlsslon6rs court of his county, in a sum of 

.:_

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p gonorable Murphy Cole, Page Q 

not lens than omthousrnd not mor4 than ten thou- 

.sand dollars, the mount to be fixed by the commIssloners Court, conditioned that he vi11 pay over 

to the person or oliicsr antItIled to receive It, 

all moneys that nuy oonn into his hands a4 oounty 

‘judge, and that he vi11 pay over to his county all 

moneys Illegally paid to him out of aounty funds, 

as voluntary paynasntr or othervise, and that he 

rlll not vote or give his consent to pay out oounty fund8 exoept ror lavful purpos~s.~ 

Artlole 2340, Vernon*8 Annotated Texas Civil Statute;, 

WS~S a8 r0iittwt 

./-- 

“Before entering upon the duties of their offloe, the county judge and eaoh oomIsslon4r shall 

Wee the,ofl’Ioirl oath, and shall also take a vrU.- 

ten oath that he vi11 not be dlreotly or IndIrectly 

interested In any contract vlth, or claim against, 

the county in whioh he re4Ides;except such varrants 

aa may Issue to him as Se48 of’ offIa4. Each cormnisslonsr shall execute 8 bond to be approved by the 

oouuty judge in the sum of three thousand dollars, 

payable to the county treasurer, conditioned Par the 

faithful performme of the duties of his office, 

that he will pay over to his county all money8 Illegally paid to him out of county funds, as Voluntary 

paynmnts or othervise, and that he vi11 not vote or 

give his consent to pay out oounty tunds ero4pt ror 

lavrul purposes.4 

This department held, In an opinion vrltten by Eonorable V.I. Kesllng, Assistant Attorney General, datsd P&larch 1, 

1913, and printed In lgl2-1914 Reportsi!oi the attorney General 

Of Texas, pages 119-120, that a aontract betvesn the oountp 

judg4 and the commi4sIoners* court of Tarrant County allowing 

the county judge comznIseIon4 for the sale of countg bond4 vas 

vlolatIv4 of the ‘oounty~ judge~s oath vhlch provided that the 

4Ounty judge “~111 not be directly or Indirectly Interested In 

44 contract mith or claim against the county In vhich he re4id44, 4xa4pt such warrants as my 143~4 to him as fees of ottice. n The opinion also held the contraot void 6s contrary 

to lound public polioy. 
/^- Eonorable Murphy Cole, Page 3 

Ye think the above holdlng i8 correot and ve approw srme. 

It I4 the apInIon OS this department that the proposed employment voufd be vlolatlvs of the county Judge’s 

oath of offlco and aleo contrary to sound public policy. 

Tour question la therefore ansuered In the negative. 

, 

Very truly yours c 

VJFlAN 

/‘ 

lint. J. Fantllng 

Assistant 

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