Judges: JOHN L. HILL, Attorney General of Texas
Filed Date: 7/28/1978
Status: Precedential
Modified Date: 7/6/2016
Honorable Joe Resweber Harris County Attorney Harris County Courthouse Houston, Texas 77002
Re: Whether Harris County may restrict the award of printing jobs to union printers.
Dear Mr. Resweber:
You ask whether Harris County may restrict the award of printing jobs to union printers. Article 1658, V.T.C.S., provides as follows:
Bids shall be asked for all supplies of stationery, books, blanks, records, and other supplies for the various officers of which the county is required to pay, and the purchase made from the lowest bidder, after filing said bid with the auditor for record.
Article 2359, V.T.C.S., requires the commissioners court to advertise for bids on stationery and printing. Article 2362, V.T.C.S., establishes four categories of stationery and printing and provides as follows:
To the lowest bidder on each class shall be awarded the contract for all work of that class.
Cf. V.T.C.S. art. 1580 (county purchasing agent makes all purchases except those required to be made on competitive bids).
The purpose of competitive bidding statutes is stated in Sterrett v. Bell,
Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. There can be no competitive bidding in a legal sense where the terms of the letting of the contract prevent of restrict competition, favor a contractor or material man, or increase the cost of the work or of the materials or other items going into the project.
The Supreme Court quoted this language with approval in Texas Highway Commission v. Texas Association of Steel Importers, Inc.,
In Attorney General Opinion
Very truly yours,
John L. Hill Attorney General of Texas
APPROVED:
David M. Kendall First Assistant
C. Robert Heath Chairman Opinion Committee