Untitled Texas Attorney General Opinion ( 1939 )

THEAITORNEY GENERAL
OFTEXAS
Hon. E. W. Easterling February 11, 1939
County Attorney
Jefferson County
Beaumont, Texas
Dear Sir: Opinion No. O-244
Re: Whether Commissioners' Court has
the power to make a contract for
the county for printing and sta-
tionery supplies?
Your request for an opinion on the above stated ques-
tion has been received by this office.
A county has power to bind itself by contract
and may be liable for breach of contract; the authority
to contract on behalf of the county is vested alone in
the Commissioners' Court in the absence of statutes
authorizing some other agent to contract and if an agree-
ment is not made through or sanctioned by said agency,
it binds neither the county nor the individual. Coryell
County VS. Burke & Corbett, 4 SW (2na) 283; Sparks VS.
Kaufman County, 104 S.W. 605; Presidio County vs. Clarke,
85 S.W. 475.
As stated in the cases, Moore vs. McLennan
County et al, 275 S.W. 478; Wallace et al vs. Commissioners'
Court of Madison County et al, 281 S.W. 593; 15 SW (2na)
535, the Commissioners' Court can exercise only those
powers conferred by the Constitution and statutes of this
State.
Articles 2358, 2359, 2360, 2361, 2362, 2363,
2364, 2365, 2366 and 2367 read as follows:
"Art. 2358. May contract for supplies.
The commissioners court by an order enter-
ed of record, may contract as hereinafter pre-
scribed, with some suitable person or persons
to supply the county with blank books, all
legal blanks and stationery as may be required
by law to be furnished the county officials.
"Art. 2359. Bids advertised
Hon. E. W. Easterling, February 11, 1939, page 2 o-244
The commissioners court shall advertise,
at least once in every two years, for sealed
proposals to furnish blank books, legal blanks,
stationery and such other printing as may be
required for the county for the term of such
contract, and shall receive separate bids for
the different classes hereinafter designated.
Such advertisement shall be made by the county
clerk, who shall notify by registered letter,
each newspaper and job printing 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 probably
amount of supplies needed.
"Art. 2360. New bids advertised for
Should supplies furnished by the successful
bidder not be of the quality designated and pro-
vided for, then the commissioners court may ae-
clare such contract null and vol.d,and from
time to time advertise for sealed proposals as
in the first instance, rejecting any or all
bids as often as they may deem best.
"Art. 2361. Preference to local citizens
All things being equal, contracts must be
awarded to a citizen or taxpayer of the county
in which the contract is let.
"Art e 2362 s Stationery classified
The stationery shall be divided into four
classes : Class "A" shall embrace all blank
books and all work requiring permanent and
substantial binding. Class "B" shall embrace
all legal blanks, letter heads and other print-
ing, stationery and blank papers. Class "C"
shall embrace typewriter ribbons, pens, ink,
mucFlage, pencils, penholders, ink stands and
ware of like kind. Class '5" poll tax receipts
and all election supplies of whatever nature and
description, not furnIshed by the State. Each
and every bid shall be upon a particular class,
separate and.part from any other class. To the
lowest bidder on each class shall be awarded the
contract for all work of that class.
"Art. 2363.``Bona with bid.
Each bid shall be accompanied by a bond of
the bidder, with two or more good and sufficient
sureties, conditioned that, should the contract
Hon. E, W. Easterling, February 11, 1939, page 3 o-244
be awarded to him he will without delay, upon
being notified of such award, enter into a
written contract, according to law and with his
proposal, and will give such bona as may be re-
quired for the faithful performance of said con-
tract,
"Art. 2364. Unlawful interest in contract,
No member of the commissioners court OP any
county officer shall be, either directly or in-
directly, interested in any such contract.
"Art. 2365. Contract made in open court
All contracts shall be made in open court,
with the lowest bidder, and all bids shall be
spread in full on the minutes of the court.
"Art. 2366. Contract and bond
The successful biaaep shall enter into a
written contract with the court, and shall give
bond in the sum of two hundred and fifty dollars
for each class or contract, to be approved by
the county judge, conditioned for the faithful
compliance with his bid and with the law, and
shall be made payable to the county judge OP his
successors in office.
"Art. 2367. Affidavit with bid
The manager, secretary OP other agent or
officer of the bfdder shall attach to each bid
an affidavit to the effect that affiant has full
knowledge of the relations of the bidder with
the other-firms in the same line of business and
that the biadep is not a member of any trust, pool
or combination of any kind and has not been for
six months last past, directly or indirectly con-
cerned in any pool or agreement or combination to
control the price of supplies bid on, or to in-
fluence any person to bid or not to bid thereon."
In view of the foregoing authorities, you are respect-
fully advised that it is the opinion of this Department that
the above quoted statutes specifically authorize the Commis-
sioners' Court to contract for the county for printing ana
stationery supplies in the manner as prescribed in the fore-
going articles.
Trusting that the foregoing answers your inquiry, we
remain
Hon. E. W. Easterling, February 11, 1939, page 4 o-244
Very truly yours
ATTORNEY GENERAL OF TEXAS
By s/Ardell Williams
Ardell Williams
Assistant
AW:AW:wc
APPROVED:
s/Gerald C, Mann
ATTORNEYGENERAL OF TEXAS