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 58th Legislature and is now compiled as Article 2752a of 

Vernon's Civil Statutes. 

House Bill 524 reads as follows: 

"An Act amending the Revised Civil Statutes of Texas, 

1925, by adding thereto a new Article, to be known 

as Article 2752a, providing for competitive bidding 

on all purchases by a 

8 

ublic school of a value over 

One Thousand Dollars ( 1,000) and on all contracts 

by a public school for the construction, maintenance, repair or renovation of any building or for 

the materials used in the construction, maintenance, 

repair or renovation thereof when said contracts involve One Thousand Dollars ($1,000) or more; providing certain exceptions; providing for notice and 

publication; and declaring an emergency. 

"BE IT ENACTED BY TBE LEGISLATURE OF THE STATE OF TEXAS: 

"Section 1. The Revised Civil Statutes of Texas, 

1925, are amended by adding thereto a new Article, to 

be known as Article 2752a, which shall read as follows: 

"'Art. 2752a. 

"'All contracts proposed to be made by any Texas 

public school board for the purchase of any property, 

real or personal, shall be submitted to competitive 

bidding when said property is valued at One Thousand 

Dollars ($1,000) or more. All contracts proposed to 

be made by any Texas 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 when said 

contracts involve One Thousand 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 when and place~where 

such contracts will be let and bids 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 may designate. Provided, however, that on aontracts involving less than 

Twenty-five Thousand Dollars ($25,000,) such advertising may be limited to two (2) successive 

issues of any newspaper 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 some newspaper in some county 

nearest then county 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 then body of the Aat. The title 

provides for competitive bidding on purchases by ‘Ia public 

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 One Thousand 

Dollars” and the body of the Act. 

Valued at One Thousand Dollars ( i 1,000) or more.” ‘I. . . 

rovides 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 a variance between the title 

and body 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 58th Legislature, 

is constitutional. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JGNtwb 

e Y 

Jack G. Norwood 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Malcolm Quick 

J. C. Davis 

C. L. Snow, Jr. 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

-897-