PRICE DANIEL AUCITIN 1s. Texan

ATTORNEY

GENERAL 

### Jme'30. 1947

Hon. James F. Houllhan County Auditor. Opinion No. V-205 Orimge County Re: Orfinge,

Texas ‘d Necessityfor County Com-

.mLss$cnera to obtain rsquiaftiona and to advertise for bids on purchases of materials or supplies costing over $1.50.00.
Dear Sir:
We refer to your letter of May 

### 23, 1947,in which you an opjnion of this Department, and in which you asked following questions: "1. Is the Auditor authorized to approve for payment a claim against the,countyfor material requested the

or aupplleawhere no requisitionwas made for the purchase of same,' where no r.equiaition for the purchase of ssme wax approvedby the County Judge, and where no copy of.suchrequisition for purchase of xame ha$'been"filedwith ttie"Auditor? "'
. .

I.,

. . "2. Is the Auditor authorized to approve a claim

against the County.for payment for equipment,material, or.aupplles coatlng.in excess of one hundred fifty and no/lOO.($150.00)dollarswhere said equipment,materlal,:or supplies were purchased without competitivebids? 

### "3. Ia.the County Clerk authorized to Issue a warrant in payment of a claim which.hax not been approved for paymentby the Audltor? "4. Is the Cbunty Treasurer authorized to pay a warrant issuedby a :CountyClerk,in payment of a claim thathas not been approved for payment by the Auditor?" Orange County officers are on a,aalary basis; hence we shall quote.only those atatutjsa applic&blp to such counties. We are assuming thatthe purohaseb referred to In made under statutes other than Articles 2356our request are to be bhrough 

### 2367, inclusive,since these 'statutescontemplate the Commissioners' courtmaking the purchases of those things listed therein and submitting the same to competitivebids at least every two years,

.. ,

Hon. James F. Houlihan, Page 2, V-285

and'our remarkswill be confined to those purchasesmade under provisions other than those lastmentioned. Subsection (b) of Article 

### 3899,V.C.S., provides that each officernamed in the Act who receives a salary, shall be permitted tomake DurchSSeX or charge to his county all reasonable expensesnecesaarg~ln the legal conduct of his office, and that such expensesbe passed on by the Commlsslonera~ Court once each month for the ensuingmonth, upon the appllcatlon.of each officer, stating the kind, probable amount nf expenditure, and the neceaslty for such expense, togetherwith the endorsement of the CountyAuditor, before such Commissioners'Court shall allow the same. Articles 

### 1658,159, 1660, and 1661,V.G.S., are as follows: *Art. 1658 - Bids shallbe asked for all supplies of stationery,books, blanks, records, and other supplies for the various officers for which the county la required to pay, and the purchase made from the lowest bldler, after filing said bid with the auditor for record.
"Art. 

### lh59 - Supplies of every kind, road and bridge material, or any othermaterial, for the use of said county, or any of its officers, departments, or institutionsmust be purchased on competitivebids, the contract to b,eawarded to the party who, in the judgment of the commissioners1court, has submitted the lowest and beat bid. The county auditor shall advertise for a period of two weeks in at lease one dallynewspaper, published and circulated in the county, for such supplies and material according to specifications,giving in detailwhat la needed. Such advertisements shall statewhere the specificationsare to be found, and shall give the time and place for receiving such bids. All .auchcompetitivebids shall be kept on fileby the county auditor ax a part of the records of his office, and shall be subject to lnspectlonby any one 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 aaidbids and readvertiae for new bids. In aases of emergency,purchases not in excess of one hundred and fifty dollars may be made upon requisition to be approvedby the commissionerscourt,without advertllslng for competitivebids.Eon. James F. Houlihan, Page 3, 

### v-285

"Art. 

### 1660 - All Claims,bills and accounts against the county must be filed in ample time for the auditor to examine and approve same before the meetings of the commlsalonera~court. No claim.bill or account shall be allowed or paid until ithas been examined and approvedby the countyauditor. Th auditor shall examine the same and stamp his asoval %hereon. ‘TShe deems It necessary, all such aca.qunts,. bills, or claims m&t be verifiedby affidavit touching the correctness of the same. The auditor la hereby authorized to administer oaths for the purposes of this law.

roved intriplicate by the said officers/the triplicate to remain with the officer desiring the purchase, the duplicate to be filed with the county auditor, and the original to be delivered to the party fromwhom said ourchase is to be made before am purchase ahall'iemade. All warrants on the co&g treasurer, exceptwarrants for jury service.. must be countersignedby the county auditor." (Emphasis ours) Article 2368a, as amendedby the 50th Legislature and which became affectiveMay 

### 3, 1947,now provides that no Commissioners' Court shallmake a contract calling for or requiring the axpenditure or payment of $2000 ormore out of any fund or fundsof any county or subdivision of any county without first submitting such proposed contract to competitivebids; providing for advertising in a newspaper and excepting only countieswith a population of more than 350,000.
In the case of Wyatt Metal & Boiler dorks v. Fannin County, 111 

### 9-W. (26) 

### 787,where the county had purchased.culverts from the plaintiff in the amount of #ll,OOO and used them in the public roads of Fannin County,Art, 1659, V.C.S., had not been complied rlth and therefore the County Auditorwould not approve said claim. The plaintiff sought a mandamus to compel the County Auditor to approve the same. The Court, through JusticeWlliams, in denying the mandamus, had this to say:

"It is clear that from the passage of these lota it was the intent of tha Legislature to declare a publicEon. James F. Houllhan, fage 4, v-285

policy. That such a policy is wise is evidencedby theuniversality of such statutes found in the laws of Congress and of all the state Leglalaturer.

. . "Under.the record, plaintiffwas relegated to a suit against the county upon an Implied contract for the reasonablevalue of the beneflta which b'annin County received .fromthe use of theso oulvsrts."
In thee ase of Patten v. Conch0 Coi.nty,196 S.-i.(26) 833,the Court held that Article 2368a did not,provlde for.~competltlve bids for road machinery purchased by a county nor was there any other statute requiring the same. It ~111 be noted, however, thatArticle 2368a (a) as amended1 by the 50th Leglrlature, supra, nor'orovides for cornetitlve bids1for road machinery if such purchase amounts tog2,000 or more.
Inview of the foregoing statutes and cases,you are respectfully advised that questions Nos. 1 and 2 are answered in the negative, exceptwhen the equipmentpurchasedby the county be that of road mach:nery, then, in view of Art. .?368a, and the case of Patten v. Conch0 County supra, if such purchase of machinery is less than $2,000, the Auditor need not require arequisition nor competitivebids before approving said claim.
It is clearly apparent under Articles 1660 and 1661, supra, that the County Clerk isnot authorized to issue awarrant in payment of a claimwhich has not been approvedby.the Auditor, except for jury service. Since Article 1661, supra, provides that all claims .mustbe approvedby the Auditor, and further that all warrants on the County Treasurer, except warrants for jury service,must be countersignedby the County Auditor, your last question is also answered in the negative. SUWWARY The County Auditor la not authorized to approve a claim against the county for material or supplies where no requlalton is had: nor la he authorized to approve a claim for equipment,material or supplies in excess of $150 where such purchase Is notmade on competitivebids (Wyatt&tal,& Boiler diorks v. Fanning County, 111 S.W. (26)'787, Art. l&9, V.C.S.) except for the purchase of roadmachinery in amounts less than #2000.00. Art. 2368a, V.C.S. - The County Clerk is not authorized to lzsuo a warrantEon. Jamea **F.** Houllhan, Page 9, v-285



### in l yment 

### or

a claim which ha8 not beeu approved **by** ehe Auditor axcspt warrants for Jury 8ervloe. nor ir the County Ti+earursr authorized to pay a rarr8&t in payment. of. a olalm that h,ar~ nbt **been** approved by the Auditor. Artiolam 

### 1660and ,161, V.C.S.

.- Vary truly JOur8,
ATTOFi2SY OEI?BUL**OF TZCM**  **sp ’** **BFUOi Aii~n.** 

**.**

**. BY** **’** Bruor Allon **Asrirtph ”**