Avsnrv 11. TEXAS

WILL WIlLSON AT-rOWNEY oE)NmsR*E August 21, 1961

Honorable Joseph C. Ternus County Attorney San Patricia County Sinton, Texas Opinion No. WW-1121
Re: Duties of County Auditor in regard to purchases Dear Mr. Ternus: by the County.

In your letter of August 3, 1961, you have requested our opinion on three questionsposed by the County Auditor of San Patricia County. Quoting from the County Auditor's letter toyou, these questions will be set forth as they are discussed.

"1. Who is the purchasing agent for San Patricia County, Texas?" Article 1645a-1 Vernon's Civil Statutes, purports to authorize the County Auditor to serve as purchasing agent in counties with a population of not less than 24,125nor more than 24,150, counties of not less than 43,000 nor more than 43,100, certaincouni;ies of not less than 65,000, and counties of not less than 90,000 nor more than 225,000. Article 1645h,Vernon's Civil Statutes,purports to provide to the same effect in counties with a population of not less than 41,680 nor more than 42,000. Withoutpassing on the constitutionality of suchpopulationbrackets, suffice it to say that San Patricia County, with a population of 45,021 according to the last federal census,does not fall within the operative effect of either article.

In countieswith a population of 73,000 or more a countypurchasing agent may be appointedby a board composed of the county judge and the district judge or judges of the county. Acts 56th Leg., R.S., 1959,p. 913, ch. 418. Again the population of San Patrlcio County fails to bring It within the statute.

Lacking statutoryauthority, a county auditor has no duty to act as purchasing agent for the county. He need only perform those limited functionsof theHonorable Joseph C. Ternus,page 2 (WW-1121)

purchasingprocess that are conferredupon him by statute. AttorneyGeneral's OpinionNo. O-1338 (1939). We are led to conclude that there is no "purchasingagent" as such, for San Patricia County.

"2. Will you please define my duties connectedwith the purchasing function? I believe that Articles 1659 and 1661 of Ternon'i3

Texas Statutesrequire that I am responsible for the following: a. Advertise for bids stating where specificationsare located. b. Keep a record of competitive bids on file. c. Furnish CommissionersCourt with copy of bids received. d. Fleadvertise

for bids when necessary. e. Receive a copy of purchase requisition from officer desiring the purchase. "So far as I know, the above duties are those prescribed forme to perform connected with thepurchasing function. You are requested to outlinemy duties connectedwith the purchasing function according to xour interpretationof the statutes. Article 1659,Vernon's Civil Statutes, sets forth the duties of county auditors in regard to county purchasing in the following language:

The county auditor shalladver- &e'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 specificationsare to be found, and shall give the tiime and place for receiving suchbids. All such competitivebids shallbe kept on fileby the county auditor as a part of the records of his office, and shall be subject to inspectionby any oneHonorable Joseph C. Ternus,page 3 (WW-1121)
desiring to see them. Copies of all bids received shall be furnishedby the county auditor to the county judge and to the commissionerscourt; and when the bids received are not satisfactory to the said judge or county commissioners,the auditor shall reject saidbids and re-advertise for new bids." This languagecharges the Cou::ty Auditor with the followingduties in connectionwith the purchasing function: 1. Advertising for bids, indicating

therein the time and place for receivingbids.
2. Keeping on file all bids received.
3. Furnishing copies of all bids received to the county judge and commissioners court. 4. Readvertising for bids when those received in the first instance are deemed unacceptableby the county judge or commissionerscourt. In addition to these duties, Article 1661, Vernon's Civil Statutes, requires the CountyAuditor to file a copy of all purchase requisitions.

"3. Included among the various operations connectedwith the purchasing functionnot enumerated above as being the duty of the CountyAuditor are the following: a. Responsibility for making decisions. b. Prepare and explain specifications.

:: Get out invitations to bid. Decide who to send invitations to bid to. e. Work out problems concerning bids and merchandise with salesmen and bidders. f. Issuepurchase requisitions to party from whom purchase is to be made.Honorable Joseph C. Ternus,page 4 (WW-1121)

62. Receive merchandise,and open and check same against purchase requisitions. h. Distributemerchandise. I. Store merchandise if necessary. "You are requested to define who is responsible forperforming the above items of work connectedwith the parchasing function,,for San Patricia County, Texas. (a) While without question the County Auditor bears the responsibility for making somedecisions, we are not apprised of the nature of the decisions contemplated by your inquiry.

(b) Preparationand explanation of specifications is inferentiallythe duty of the Commissioners court. AttorneyGeneral'sOpinionNo. O-6606 (1945).

(c,d) Article 1659, supra, requires that bids be invitedby newspaper advertisement. Inviting bids by means of circular letters is not authorized,and the CountyAuditor consequentlyhas no duties in that regard. (e) We findno authority imposingupon County Auditors the duty to negotiate in any manner with salesmen and bidders.

(f) Article 1661,Vernon's Civil Statutes, directs that requisitionsbe approvedby the County Judge 'beforethey are submittedto the County Auditor for his approval. Since requisitionsdo not originatewith the CountyAuditor, we findno implicationthat he has a duty to supply or issue requisitions forms. Certainly there is no express authority to that effect.

(g,h,i) Responsibility for receiving, checking, distributing, and storingmerchandisedoes not rest with the County Auditor. His office is essentially that of a fiscal guardian,not that of a storekeeper.

SUMMARY The County Auditor of San Patricia County is not the purchasing agent for that county. His duties inr

Honorable Joseph C. Ternus,page 5 (WW-1121)

respect to countypurchases are limited to advertising for bids, re-advertisingwhen necessary, filing copies of bids and supplying copies to the County Judge and CommissionersCourt, and approving and filing copies of all purchase requisitions.
Yours very truly,
WILL WILSON AttorneyGeneral of Texas

GH:lgh Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Charles Lind Glenn Brown Gordon C. Cass
REVIEWED FOR THE ATTORNEYGENERAL BY: Howard W. Mays