Texas Attorney General Opinion: JM-974 Page: 2 of 5
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Honorable Mike Driscoll - Page 2 (JM-974)
(d) The county purchasing agent shall
purchase all supplies, materials, and equip-
ment required or used, and contract for all
repairs to property used, by the county or a
subdivision, officer, or employee of the
county, except .purchases and contracts
reUired by law to be made on competitive
bid. A person other than the county pur-
chasing agent may not make the purchase of
the suDolies, materials, or equipment or make
the contract for repairs.
(f) A purchase made by the county purchas-
ing agent shall be paid for by a warrant
drawn by the county auditor on funds in the
county treasury in the manner provided by
law. The county auditor may not draw and the
county treasurer may not honor a warrant for
a purchase unless the purchase is made by the
county purchasing agent or on competitive bid
as provided by law.
(n) This section applies to all purchases
of supplies, materials, and equipment for the
use of the county and its officers, including
purchases made by officers paid out of fees
of office or otherwise, regardless of whether
the purchase contract is made by the commis-
sioners court or any other officer authorized
to bind the county by contract. An officer
making a purchase out of fees of office in
violation of this section may not deduct the
amount of the purchase from the amount of any
fees of office due the county. (Emphasis
added.)
You state that your question was prompted by Attorney
General Opinion JM-725 (1987). In Attorney General Opinion
JM-725 it was concluded that a county officer, department or
institution may purchase its own supplies subject to the
limitations imposed by section 3 of article 2368a.5,
V.T.C.S. (now section 262.023 of the Local Government Code).
The request in Attorney General opinion JM-725 was from a
county that did not have a purchasing agent. Hence, the
provisions of section 262.011 were not applicable.p. 4956
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-974, text, October 28, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273412/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.