Untitled Texas Attorney General Opinion ( 1969 )

May 21, 1969
Honorable James E. Barlow, Opinion No. M-403
Criminal District Attorney
Bexar County
San Antonio, Texas Re: Whether advertisement
and competitive bidding
on all purchases is
Dear Mr. Barlwr required of Bexar County..
In a recent letter to this office you requested
an opinion in regard to the abwe referenced matter. We
quote from your letter ae.follwat
"Is advertieermnt and competitive bidding on
all purchases required of Bexar County?"
In connection with this request, you have advised
us that the aeeeeaed valuation of Bexar County ie $748,000,000.00
and that the population of Bexar County, according to the
1960 ceneue is 687,151. Therefore, D.B. 33, Acts of the
61st Legislature, Regular Seesion 1969 (Article 1659b, V.C.S.),
is not applicable to Bexar County, because the act requires
an aseeesed valuation of $800,000,000.00 or more. Likewise,
Article 2368a of Vernon'e~Civil Statutes referred to in
your request is only applicable to counties having a population
of 350,000 or lees, and does not apply to Bexar County. See
Attorney General Opinion No. W-406 (1958).
You have advised this office that Bexar County has
adopted The Cptional Road LOW of 1947. same being Article
6716-1 of Vernon's Civil Statutes of Texas, aa amended.
Section 15 of Article 6716-1, Vernon's Civil Statutes
of Texas. provides as follower
*All ecuionvznt. materiale and suonlies for the
construction and maintenance of countv roads and
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Honorable James R. Barlow, page 2 (M-4C3)
for the countv road department shall be purchased
by the Commissioners Court on competitive bids in
conformity with estimates and specifications pre-
pared by the County Road Engineer; except when
upon recommendation of the County Road Engineer and
when in the judgment of the Commissioners Court it
is deemed in the best interest for the county to do
so, purchases in an amount not to exceed one Thousand
Dollars ($1.000.00) may be made through negotiation
by the Commissioners Court or the Commissioners
Court's duly ~authorized representative, upon
requisition to be approved by the Commissioners
Court or the County Auditor without advertising
for competitive bids. . .The provisions of this
section shall not be construed to permit the
division or reduction of purchases for the purpose
of avoiding the requirement of taking formal bids
on purchases which would othetiise exceed one
Thousand Dollars ($l,OOO.OO). As amended Acts
1957. 55th Leg., p. 24, ch. 17 f 2." (Emphasis
added.)
Section 15 of Article 6716-1, supra, requires
that all eauinment, materials and supplies for the construction
and maintenance of county roads and for the county road
department shall be purchased by the CormnFssioners Court
on competitive:bids in. conform&Q with estimates .and spscifi-
cations prepared by the County Road Engineer. However,
that section further provides that upon recommsndaticm by
the County Road Engineer and when in the judgment of the
Commissioners Court, it is deemed in the best interest of
the county for the county to do so, purchases in an amount
not to exceed $l,OOO.OO may be made through negotiations
and by following certain procedures, therein set out, with-
out advertising for competitive bids.
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Honorable James E. Barlow, page 3 (H-483)
In view of the holding in Patten v. Conch0 County,
196 S.W.Zd 833-834. (Tex.Civ.App. 1946, no writ) in which
the Court held that road machinery does not fall w4HW.n
the terma "supplies and materials" as that term is used in
Art. 1659 of Vernon's Civil Statutes of Texas, it is
necessary that we must determine whether the wording of
Sec. 15 of Art. 6716-1, eupra, which states "all equip-
ment, material's and supplies. . ." includes road machinery.
In the case of Bolts v. Babcock, 389 P.2d.069,
874 (Mont. Sup. 1964) the Court stated:
"Webster's Third New International
Dictionary defines 'equipmant' as 'The imple-
ments (as machinery or tools) used in an operatim
or activity'. 'all the fixed assets other than land
and buildings of a business enterprise;' 'the
rolling stock of a railway', 'equipment usually
covers everything, except personnel, needed for the
efficient operation or service* * l '"
In accord, Words & Phrases Vol. 14a.
In view of the foregoing, it is our opinion that
the word 'equipment* as used in Sec. 15 of Art. 6716-1,
eupra, includes road machinery.
Article 1659 of Vernon's Civil Statutes of Texas,
prwidee as follower
..
lSuooliee of everv kind, road and bridge material,
or gnv other material, for the use of said county,
or any of its officers, departments, or institutions
met be mrchaeed on comwtitive bide, the-contract
to be awarded to the party who, in the beet judgment,
of the conuuieeionere court, has submitted the lowest
and beet bid. The county auditor shall advertise the
biddinq'at least once a week for two consecutive
weeks in at least one daily newspaper published and
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Honorable James E. Barlow, Page 4 (M-@3)
circulated in the county. The advertisements
shall state where the epecifications are to be
found, and shall give the time and place for
receiving the bide. Publication of the first
advertisement shall precede the last day for
receiving bide by at least 14 days. All such
competitive bide shall be kept on file by the
county auditor as a part of the records of his
office, and shall be subject to inspection by
any one desiring to see them. Copies of all
bide received shall be furnished by the county
auditor to the county judge and to the commissioners
court: and when the bide received are not eatis-
factory to the said judge or county connniesioners,
the auditor shall reject said bids and readvertise
for new bide. In cases of emergency, purchases
not in excess of $300 may be made upon requisition
to be apprwed by the commissioners court'without
advertising for competitive bide. Acts 1965,
59th Leg., p. 944. ch. 458, fi 1' (Emphasis added.)
It is to be noted in Article 1659, supra. that
competitive bide are required on supplies of every kind,
or on any other material for the use of said county. except
in cases of emergency, when purchases not in excess of
$300 may be made upon requisition to be approved by the
connnissionere court without advertising for competitive
bide.
Article 2359 of Vernon's Civil Statutes of Texas
reads as follows:
"The commieeionere court shall advertise
at least once in every two vears, for sealed oroposals
to furnish blank books, legal blanks, stationery
and such other printing as may be required for the
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Honorable James E. Barlow, page 5 (M-403)
:. county for the term of such contract, and
shall receive separate bide for the different
classes hereinafter designated. Such advertiee-
ment shall be made by the county clerk, who shall
notify by reqiatared letter, each newspaper and
job printinq house in the county, and at least.
three stationery and printing houses in the State,
of the time said contract is to be awarded, and
of the probable amount of supplies needed.'
(Emphasis added.)
It can thus be said that the purchase of legal
blanks, stationery. printing and similar supplies are con-
trolled by this article, by competitive bide.
SUMMARY
Under the prwisions of Section 15 of
Art. 6716-1, Art. 1659,
and Art. 2359 of Vernon's
Civil Statutes of Texas, Bexar County is required
to advertise for competitive bide on all purchases
made, subject to the exceptions as set out in
Sec. 15 of Art. 6716-1 and Art. 1659, Vernon's Civil
Statutes.
Youryyery truly,
ORDC.MARTIN
rney General of Texas
Prepared by John Ii. Banks
Assistant Attorney General
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