TITLE attorney-general

Office of the Attorney General

Opinion No. JC-0263. The Honorable Russell W. Malm, Midland County, Attorney, 200 West Wall Street, Suite 104, Midland, Texas 79701, regarding authority of a sheriff to organize and participate in S.T.A.R. [Sheriffs of Texas Agreed Response], a law enforcement tactical response team (RQ-0199-JC).

S U M M A R Y. A sheriff may not contract with other sheriffs or municipalities to provide general law enforcement services, including investigatory services, without the approval of the commissioners court of his county. Neither may a sheriff do so in the absence of a contract. A sheriff may, subject to budgetary constraints, determine what training is appropriate for his deputies, and where, and under what circumstances, such training shall take place.

Opinion No. JC-0264. Mr. James N. Danford, C.P.A., Parker County, Auditor, 1112 Santa Fe Drive, Weatherford, Texas 76086, regarding whether the Parker County Commissioners Court is authorized to hire an employee to perform purchasing duties in the absence of a purchasing agent appointed pursuant to §262.011 of the Local Government Code, and related questions (RQ-0185-JC).

S U M M A R Y. The commissioners court is authorized to employ persons necessary to conduct county business without express statutory authority provided that such employees are subject to the commissioners court's control and supervision and there is no delegation of the commissioners court's sovereign authority. In the absence of a §262.011 county purchasing agent, the commissioners court may hire an employee to assist the commissioners court and other departments with their purchasing responsibilities, but it may not delegate to the employee authority to make purchases for the county or enter into contracts binding the county. While the commissioners court is "responsible" for the nondelegable duties of determining the items and services to be purchased and binding the county for the purchases, it may designate persons responsible for carrying out the ministerial duties associated with purchasing. The commissioners court may not appoint a purchasing agent pursuant to §262.001 of the Local Government Code. The two-year term of the county purchasing agent's office in Parker County began on February 23, 2000. The appointment of a county purchasing agent pursuant to §262.011 of the Local Government Code is not invalid because of the failure of the special board to set a salary.

Opinion No. JC-0265. The Honorable Bob Turner, Chair, Committee on Public Safety, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding validity of a regulation of the Texas Air National Guard that relates to "officers lacking in professional qualifications" (RQ-0197-JC).

S U M M A R Y. An officer could legally be discharged from the Texas Air National Guard for lacking professional qualifications pursuant to a regulation as further defined by a policy letter of the unit commander.

Opinion No. JC-0266. Ms. Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78711-3942, regarding responsibility for enforcement of the Professional Services Procurement Act (RQ-0204-JC).

S U M M A R Y. The Comptroller, and to a lesser extent, the State Auditor, by their approval and audit of claims, have the primary responsibility for requiring state agencies to abide by the directives of the Professional Services Procurement Act, subchapter A of chapter 2254 of the Government Code. The County Auditor, by her approval and audit of claims, has the principal duty for requiring county government to conform to the Professional Services Procurement Act. The Texas Board of Architectural Examiners is the proper entity to enforce the provisions of that statute against its individual registrants.

For further information, please call (512) 463-2110

Assistant Attorney General

Office of the Attorney General

Filed: August 8, 2000