in a managementposition,whether or not his salary consti- tutes a "substantial interest" under the statute. We caution, however,that his conduct eust be consistentwith the requirementsof other civil and criminalc,tatutes.See, e.g., Penal Code art. 39.01 (officialmisconduct).
Our answer to your thfed questionmakes~itunnecessaryto answer your fourthquestion.
You finallyask whether the Texas Departmentof Mental Health and Mental Retardationhas auth'ority under article5547-204,V.T.C.S.,to enact a rule which rendersa communitycenter ineligiblefor a grant- in-aid if one or more mambe,rsof its board of trusteesalso serve on the board of a nonprofitorganizationwith which the center conducts financialtransactions.
The Sixty-ninthLegislatureenacted Senate Bill No. 633 which replacedthe grant-in-aidnode of financingfor communitycenterswith a method based on contract,8 for connaunitybased servicesbetween the departmentand communityproviders. Acts 1985, 69th Leg., ch. 496 at 4155. Section4.03, which :formerlyconcernedeligibilityfor grants, has been amended, and now concerns eligibilityof communitycenters and other providers for community based services contracts. The changes in your statuteheve mooted your last question. If you wish to reframe and resubmityour question in the context of the amended provisions,we will addressit at that time.
SUMMARY
A trusteeof a Mental Health/MentalRetardation CommunityCenter :Lsa local public officerwithin article 9aab, V.T.C.S. Article vaab, v.T.c.s.,
p. 1946 Dr. Gary E. Miller - Page !I (JM-424)
modifies the common law conceruingthe pecuniary interestof a lcscalpublic official in contracts entered into by the governmentalbody they serve. A governmental body may now contract with a private entity in which a member of the govern- mental body is pecuniarily interested If he follows the dis~zlosureand recusal procedure stated in articlrVSSb, V.T.C.S. The contractis voidable under th'sconditionsset out in article vaab, V.T.C.S.
J I M MATTOX AttorneyGeneralof Texas
JACK HIGHTOWER First AssistantAttorney Goneral
MARY KELLER ExecutiveAssistantAttornq General
ROBERT GRAY SpecialAssistantAttorneyGeneral
RICK GILPIN Chairman,OpinionCommittee
Preparedby Susan L. Garrison AssistantAttorneyGeneral
p. 1947