## TEEATTORNEY GENERAL OF =XAS

WADc:OxEH CARR Ausnlv H,TEXAS AIT0Hh-m

Gw.FGExzAL November'26,'1963
Honorable J. W.Edgar, Commissioner of Education Opinion No. C-185 Texas Education Agency Re: Austin, Texas Constitutionality $?t, Acts of 58th Dear Sir: of House Bill Legislature.

You have requested an opinion of this office on the constitutionality of House Bill 524, which was recently passed by the 58thLegislature and is nowcompiled as Article 2752a of Vernon's Civil Statutes.

House Bill 524 reads as follows: "AnAct amending the Revised Civil Statutes of Texas, 1925, by adding thereto a newArticle, to be known as Article 2752a, providing for competitive bidding on all purchases by a 8ublic school of avalue over OneThousand Dollars ( 1,000) and on all contracts **by** a public school for the construction, maintenance, repair or renovation of anybuilding or for the materials used in the construction, maintenance, repair or renovation thereof whensaid contracts involve OneThousand Dollars ($1,000) or more; providing certain exceptions; providing for notice and publication; and declaring an emergency. "BEIT ENACTED

BYTBELEGISLATURE OFTHESTATEOFTEXAS: "Section 1. TheRevised Civil Statutes of Texas, 1925, are amendedby adding thereto a newArticle, to be knownas Article 2752a, which shall read as follows: "'Art. 2752a. "'All contracts proposed to be madeby anyTexas public school board for the purchase of any property, real or personal, shall be submitted to competitive bidding whensaid property is valued at OneThousand Dollars ($1,000) or more. All contracts proposed to be madeby anyTexas public school board for the construction, maintenance, repair or renovation of any building or for materials used in said construction,

**-E95-**Honorable J. W. Edgar, page 2 

## (6-185)

maintenance, repair or renovation, shall be submitted to competitive bidding whensaid contracts involve OneThousand Dollars ($1,000) or more. Nothing in this **Act** shall apply to fees received for professional services rendered, including but not limited to architects fees, attorney’s fees, and fees for fiscal agents. Notice of the time whenand place~where such contracts will be let andbids opened shall be published in the county where the purchasing school is located once a week for at least two (2) weeks prior to the time set for letting said contract and in two (2) other newspapers that the school board maydesignate. Provided, however, that on aontracts involving less than Twenty-five Thousand Dollars ($25,000,) such advertising maybe limited to two (2) successive issues of anynewspaper published in the county in which the school is located, and if there is no newspaper in the county in which the school is located, then said advertising shall be for publication in somenewspaper in somecounty nearest thencounty seat of the county in which the school is locatea.,‘” omitted). (~$ergency clause

, In House Bill 524, as.set out above, there is some variance between the title and thenbody of the Aat. The title provides for competitive bidding on purchases by ‘Iapublic school” while the body of the Aat provides for such bidding on purchases by “any Texas public school board.” The title provides for such bids for purchases “oft a value over OneThousand Dollars” and the body of the Act. Valued at OneThousand Dollars ( 1,000) or more.” ‘I.

. . irovides for bids on purchases The general test is whether the title is uncertain, misleading, or deceptive to the average reader, and if the court feels that the title is sufficient to direct a person of ordinary, reasonably inquiring mind to the body of the act, compliance with the tonstitution has been effected.” w, 288. 1 Sutherland, statun?&-

Even though there is avariance between the title andbody of the Act it is not such as to render the Act unconstitutional under the above test.

“In deciding the constitutionality of a statute alleged to be defectively titled, every presumption favors the validity of the act. As is true in cases ‘presenting other constitutional issues, the courts avoid declaring an a;ct unconstitutional wherever possible. Where.there is any doubt as to the
-896-Honorable J. W.Edgar, page 3 (C-185)

insufficiency of either the title, or the act, the legislation should be sustained." 1 Sutherland, Statutorv Construction, 295. In view of these rules of construction and after careful study of House Bill 524, it is the opinion of this office that the bill is valid and constitutional. SUMMARY House Bill 5.24, Acts of the 58thLegislature, is constitutional. Yours very truly, WAGGONER

CARR Attorney General

JGNtwb 

# e Y Jack G. Norwood Assistant APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman Malcolm Quick J. C. Davis C. L. Snow, Jr. APPROVED

FORTHEATTORNEY

GENERAL BY: Stanton Stone

-897-