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 questions posed by the 

County Auditor of San Patricia County. Quoting from 

the County Auditor's letter to you, 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 24,125 nor 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. Without passing on the constitutionality of such population brackets, 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 counties with a population of 73,000 

or more a county purchasing agent may be appointed by 

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 statutory authority, a county auditor 

has no duty to act as purchasing agent for the county. 

He need only perform those limited functions of the 
Honorable Joseph C. Ternus, page 2 (WW-1121) 

purchasing process that are conferred upon him by statute. 

Attorney General's Opinion No. O-1338 (1939). We are 

led to conclude that there is no "purchasing agent" as 

such, for San Patricia County. 

"2. Will you please define my 

duties connected with the purchasing function? I believe 

that Articles 1659 and 1661 of 

Ternon 'i3 Texas Statutes require 

that I am responsible for the 

following: 

a. Advertise for bids stating 

where specifications are 

located. 

b. Keep a record of competitive bids on file. 

c. Furnish Commissioners Court 

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 for me to perform 

connected with the purchasing function. 

You are requested to outline my duties 

connected with the purchasing function 

according to xour interpretation of 

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 shall adver- 

&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 specifications are to 

be found, and shall give the tiime and 

place for receiving such bids. All 

such competitive bids shall be kept on 

file by the county auditor as a part 

of the records of his office, and shall 

be subject to inspection by any one 
Honorable Joseph C. Ternus, page 3 (WW-1121) 

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." 

This language charges the Cou::ty Auditor with 

the following duties in connection with the purchasing 

function: 

1. Advertising for bids, indicating 

therein the time and place for 

receiving bids. 

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 unacceptable by the county 

judge or commissioners court. 

In addition to these duties, Article 1661, 

Vernon's Civil Statutes, requires the County Auditor to 

file a copy of all purchase requisitions. 

"3. Included among the various 

operations connected with the 

purchasing function not enumerated above as being the duty of 

the County Auditor 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. Issue purchase 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. Distribute merchandise. 

I. Store merchandise if 

necessary. 

"You are requested to define who 

is responsible for performing the 

above items of work connected with 

the parchasing function,,for San 

Patricia County, Texas. 

(a) While without question the County Auditor 

bears the responsibility for making some decisions, we are 

not apprised of the nature of the decisions contemplated 

by your inquiry. 

(b) Preparation and explanation of specifications is inferentially the duty of the Commissioners 

court. Attorney General's Opinion No. O-6606 (1945). 

(c,d) Article 1659, supra, requires that 

bids be invited by newspaper advertisement. Inviting 

bids by means of circular letters is not authorized, and 

the County Auditor consequently has no duties in that 

regard. 

(e) We find no authority imposing upon 

County Auditors the duty to negotiate in any manner with 

salesmen and bidders. 

(f) Article 1661, Vernon's Civil Statutes, 

directs that requisitions be approved by the County Judge 

'before they are submitted to the County Auditor for 

his approval. Since requisitions do not originate with 

the County Auditor, we find no implication that 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 storing merchandise does 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 in 
r 

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

respect to county purchases are 

limited to advertising for bids, 

re-advertising when necessary, 

filing copies of bids and supplying copies to the County Judge 

and Commissioners Court, and 

approving and filing copies of all 

purchase requisitions. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

GH:lgh 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Charles Lind 

Glenn Brown 

Gordon C. Cass 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Howard W. Mays