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TIE ATTORNEY GENERAL OF TEXAS JIf MIATTOX ATTORNEY GENERAL February 3, 1989 Mr. Joe Jack Mills County Auditor Dallas County 407 Records Building Dallas, Texas 75202 LO-89-11 Dear Mr. Mills: You have asked about the conclusion reached in LO-88-126. That letter stated that chapter 171 of the Local Government Code did not prohibit a county auditor from selling road materials to the county. Although the letter only addressed the applicability of chapter 171, you correctly suggest that the letter implied that there was nothing to prohibit a county auditor from entering into such a contract. You point out that a county auditor must take an oath that states that he will not be personally interested in a contract with the county. Local Gov't Code 84.007(b)(2). You are correct in your suggestion that the oath would prohibit the contract discussed in LO-88-126. See Attorney General Opinion JM-1006 (1989). To the extent that LO-88-126 suggested that there would be no prohibition on a contract between the county auditor in his private capacity and the county, it is overruled. Very truly yours, Sarah Woelk Assistant Attorney General Opinion Committee SW/icd Ref: ID# 5532 cc: Honorable John W. Berry
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