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 

Necessity for 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,county for material 

requested 

the 

or 

auppllea where no requisition was made for the 

purchase of same,' where no r.equiaition for the purchase of ssme wax approved by the County Judge, and 

where no copy of.such requisition for purchase of xame 

ha$'been"filed with 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) dollars where said equipment, materlal,:or supplies were purchased without competitive bids? 

"3. Ia.the County Clerk authorized to Issue a warrant 

in payment of a claim which.hax not been approved for 

payment by the Audltor? 

"4. Is the Cbunty Treasurer authorized to pay a 

warrant issued by a :County Clerk,in payment of a claim 

that has 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 that the purohaseb referred to In 

made under statutes other than Articles 235 6 

our request are to be 

bhrough 2367, 

inclusive, since these 'statutes contemplate the Commissioners' 

court making the purchases of those things listed therein and 

submitting the same to competitive bids at least every two years, 

. 
. , 

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

and'our remarks will be confined to those purchases made under 

provisions other than those last mentioned. 

Subsection (b) of Article 3899, V.C.S., provides that each 

officer named in the Act who receives a salary, shall be permitted to make DurchSSeX or charge to his county all reasonable 

expenses necesaarg~ln the legal conduct of his office, and that 

such expenses be passed on by the Commlsslonera~ Court once each 

month for the ensuing month, upon the appllcatlon.of each officer, 

stating the kind, probable amount nf expenditure, and the neceaslty for such expense, together with the endorsement of the 

County Auditor, 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 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 b,e awarded to the party who, in the judgment of the commissioners1 court, has submitted the 

lowest and beat bid. The county auditor shall advertise for a period of two weeks in at lease one 

dally newspaper, published and circulated in the county, for such supplies and material according to 

specifications, giving in detail what la needed. Such 

advertisements shall state where the specifications are 

to be found, and shall give the time and place for 

receiving such bids. All .auch competitive bids shall 

be kept on file by the county auditor ax a part of the 

records of his office, and shall be subject to lnspectlon 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 

aaid bids 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 

approved by the commissioners court, without advertllslng for competitive bids. 
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 it has been 

examined and approved by the county auditor. Th 

auditor shall examine the same and stamp his asoval 

%hereon. ‘TS he deems It necessary, all such aca.qunts,. 

bills, or claims m&t be verified by 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 

from whom said ourchase is to be made before am 

purchase ahall'ie made. All warrants on the co&g 

treasurer, except warrants for jury service.. must be 

countersigned by the county auditor." (Emphasis ours) 

Article 2368a, as amended by the 50th Legislature and which became 

affective May 3, 1947, now provides that no Commissioners' Court 

shall make a contract calling for or requiring the axpenditure 

or payment of $2000 or more out of any fund or fundsof any 

county or subdivision of any county without first submitting such 

proposed contract to competitive bids; providing for advertising 

in a newspaper and excepting only counties with 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 Auditor would not approve said 

claim. The plaintiff sought a mandamus to compel the County 

Auditor to approve the same. The Court, through Justice Wlliams, 

in denying the mandamus, had this to say: 

"It is clear that from the passage of these l ota it 

was the intent of tha Legislature to declare a public 
Eon. James F. Houllhan, fage 4, v-285 

policy. That such a policy is wise is evidenced by 

the universality of such statutes found in the laws 

of Congress and of all the state Leglalaturer. . . 

"Under.the record, plaintiff was relegated to a suit 

against the county upon an Implied contract for the 

reasonable value of the beneflta which b'annin County 

received .from the 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, 

that Article 2368a (a) as amended1 by the 50th Leglrlature, supra, 

nor'orovides for corn etitlve bids1 for road machinery if such 

purchase amounts to g 2,000 or more. 

In view of the foregoing statutes and cases, you are respectfully advised that questions Nos. 1 and 2 are answered in the 

negative, except when the equipment purchased by 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 a requisition 

nor competitive bids before approving said claim. 

It is clearly apparent under Articles 1660 and 1661, supra, that 

the County Clerk is not authorized to issue a warrant in payment 

of a claim which has not been approved by.the Auditor, except for 

jury service. 

Since Article 1661, supra, provides that all claims .must be 

approved by the Auditor, and further that all warrants on the 

County Treasurer, except warrants for jury service, must be 

countersigned by 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 not made on 

competitive bids (Wyatt &tal,& Boiler diorks v. 

Fanning County, 111 S.W. (26) '787, Art. l&9, V.C.S.) 

except for the purchase of road machinery in amounts 

less than #2000.00. Art. 2368a, V.C.S. - 

The County Clerk is not authorized to lzsuo a warrant 
Eon. Jamea F. Houllhan, Page 9, v-285 

in l yment or a claim which ha8 not beeu approved 

by e he 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 1660 and ,161, 

V.C.S. 

.- 

Vary truly JOur8, 

ATTOFi2SY OEI?BUL OF TZCM 

sp’ BFUOi Aii~n. . 

. 

BY’ 

Bruor Allon 

Asrirtph 

”