Honorable H. A. Hodges 

County Auditor 

Williamson County 

Georgetown~, Texas 

Dear Sir: Op,inion NO; o-2665 

Re: nids for county supplies 

should be made upon the 

needs of the county as a 

whole. 

In your request of September 6A 1940, for an opinion of 

this department, you refer to rticle 1659 of the Revised 

Civil Statutes of Texas and inquire: 

'"Under the above article would the commissioners court have 

the authority t,o request bids and award contracts for materials 

for each of the four commissioners precincts separately, or 

does the law contemplate that the awards should be made for 

the county as a whole?" 

,. 

In response to our letter of September 25, 1940, for 

additional information, you advised that the need for particular articles and supplies by the county as a whole has been 

determined by the commissioners' court. You state that it is 

the desire of the commisslonere~ court to take separate bids 

for each precinct on such supplies as lumber, gasoline, lubricants, motor equipment and similar products. 

Article 1659 of the Revised Civil jtatutes of Texas reads: 

"Supplies of every kind, road and bridge material; or any other 

material, for the use of said county, or any of its officers, 

departments, or institutions must be purchased on competitive 

bids, the contract to be awarded to the party who, in the 

judgment of the commissioners court, has submitted the lowest 

and best bid. The county auditor shall advertise for a period 

of~two weeks in at least one daily newspaper, published and 

,circulated in the county, for such supplies and material 

according~to specifications, giving in detail what is needed. 

Such advertisements shall state where the specifications are to 

be found, and shall give the time and place for receiving such 

bids. All such competitive bids shall be kept on file by the 
Honorable H. A. nodges, Page 2, o-2665 

county auditor as a part of the records of his office, and 

shall be subject to inspection by any one desiring to see 

them, Copies of all bids received shall be furnished by 

the county auditor to the county judge and to the commissioners 

court; and when the bids received are not satisfactory to the 

said judge or county commissioners, the auditor shall reject 

said bids and re-advertise for new bids. In c ases of emergency, 

purchases not in excess of one hundred and.fifty dollars may be 

made upon requisition to be ,approved by the commissioners 

court, without advertising for competitive bids." 

A careful consideration of the above article leads us to the 

conclusion that it was the legislative intent that the needs of 

the county as a whole for a particular commodity, if such need 

be determined in advance by the commissioners court, should be 

included in the same bid and awarded to the lowest and best 

bidder. We think the first sentence of such article supports 

this view. It is: 

"Supplies of every kind, road and bridge material, or any other 

of its officers, departments, or institutions must be purchased 

on competitive bids, the contract to be awarded to the parte 

who, in the judgment of the commissioners court, has 'submitted 

the lowest and best bid+,..." (Underscoring ours) 

The Legislature apparently thought itlogical that if the needs 

of the county as a who,le were first determined and bids re-~~ 

quested for the entire need that a lower and better bid could be 

had than if such order were broken down and the bids ca?.led for 

on the need of each precinct within the county. 

Since you advise that your commissioners' court has determined the 

future needs of the county as a whole for the products in 

question, it is our opinion that you should advertise for bids on 

the entire need. 

Yours very truly 

ATTORNEY GENERAL OF' TEXAS 

s/ Lloyd Armstrong 

LA:AW/cg 

BY Lloyd Armstrong 

Assistant 

APPROVED NOVEMBER 27, 1940 

s/ Gerald Cr Mann 

ATTORNEY GENERAL @'TEXAS 

This opinion considered and approved in limited conference.