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 

Dear Sir: 

Re: Legality of considering 

and accepting written bids 

without the bidder being 

personally present at the 

statutory “public auction” 

of mineral leases. 

‘You have requested the opinion of the Attorney General as to whether the Board of Directors of the Agricultural 

and Mechanical College of Texas may consider and accept written bids on mineral leases offered for sale under the provisions 

of Article 2613a-3, V.C.S., the bidder or an authorized representative 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 Texas to lease certain lands for mineral development “to the highest 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 Agricultural 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 submitted 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 necessary 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 Pac. 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 submitted 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 Agricultural and Mechanical College of Texas should 

consider bids submitted in writing at such auction, 

even though the bidder or an authorized representative is not personally present. 

APPROVED: Yours very truly, 

Charles E. Crenshaw PRICE DANIEL 

Oil & Gas Division Attorney General 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

DMG:mf 

BY 

Assistant