Commissioners are buying land for a new jail. One tract under consideration belongs to an elected official NOT on the commissioners court.

What safeguards need to be put into place to purchase from that official?

Lisa L. Peterson
Nolan County Attorney

Have you looked at Public Officers: Traps for the Unwary? It's a Texas Attorney General publication from 2006, and it has a section on conflict of interest.

Since the proeprty owner who's selling isn't on the commissioners court, you need to check the statutes applying to that elected official as well.

For starters, the potential vendor/county officer will need to comply with the conflict disclosure requirements of LGC chapter 176 based on contractor status, rather than officer status.

Perhaps the biggest problem, as you are aware, is the "smell test" failure this deal portends. Muckraker wannabes love the insinuations and innuendo available where a story has the appearance of insider dealing.

Thanks, folks - I can always count on you. As it turned out, they decided to stir up a (literal) WASP nest and put it directly across from the WW II National WASP Museum. Now I have mad museum board types... The fun never stops...

Lisa L. Peterson
Nolan County Attorney