Untitled Texas Attorney General Opinion ( 1951 )

THE ATTORNEY GENERAL
OFTEXAS
February 7, 1951
Hon Gibb Gilchrist, Chancellor
Agricultural and Mechanical College of Texas
College Station, Texas Opinion No. V-l 148
Re: Legality of considering
and accepting written bids
without the bidder being
personally present at the
statutory “public auction”
Dear Sir: of mineral leases.
‘You have requested the opinion of the Attorney Gen-
eral as to whether the Board of Directors of the Agricultural
and Mechanical College of Texas may consider and accept writ-
ten bids on mineral leases offered for sale under the provisions
of Article 2613a-3, V.C.S., the bidder or an authorized repre-
sentative not being personally present at the public auction.
Section 1 of Article 2613a-3 authorizes the Board
of Directors of the Agricultural and Mechanical College of Tex-
as to lease certain lands for mineral development “to the high-
est bidder at public auction.” Section 3 thereof provides in part
that:
“The Board may sell the lease or leases to
the highest bidder at public auction at the Agricul-
tural and Mechanical College of Texas, College
Station, Texas, at any hour between 10:00 a.mr and
5:OO p.m. . . . .‘I
Article 2613a-3 does not prescribe the manner or
form in which bids must be submitted.
A public auction is nothing more than the public
sale of property to the highest bidder. 5 Tex. Jur. 554, Auctions,
Sec. 2; 7 C.J.S. 1239, Auctions, Sec. la; 5 Am. Jur. 446, Auctions,
Sec. 2. In the absence of prescribed methods for submitting bids
Hon. Gibb Gilchrist, Page 2, V-1148
in the notice of holding the public auction, bids may be sub-
mitted in any manner or form by which the bidder signifies
his willingness and intention to give a certain sum for the
property offered for sale. 7 C.J.S. 1253, Auctions, Sec. 7e
(2). They may be submitted in writing, and it is not neces-
sary that the bidder be personally present at the auction and
make his bid then and there. State vs. State Board of School
Land Commissioners, 27 Wyo. 54, 191 P. 1073, 11 A.L.R.
‘~539 (1920); 7 C.J.S. 1254, Auctions, Sec. 7e (2). See also
Annotation,;, l,l A.L.R. 543-546, and cases there cited.
You are accordingly advised that in the absence
of a prohibition against the submission of written bids in the
notice of holding a public auction under the provisions of
Article 2613a-3, the Board of Directors of the Agricultural
and Mechanical College of Texas should consider bids sub-
mitted in writing at such auction, even though the bidder or
an authorized representative is not personally present.
SUMMARY
In the absence of a prohibition against the
submission of written bids in the notice of holding
a public auction under the provisions of Article
2613a-3, V.C.S., the Board of Directors of the Ag-
ricultural and Mechanical College of Texas should
consider bids submitted in writing at such auction,
even though the bidder or an authorized representa-
tive is not personally present.
APPROVED: Yours very truly,
Charles E. Crenshaw PRICE DANIEL
Oil & Gas Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
BY
Charles D. Mathews
First Assistant Assistant
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