THEA%TORNEYGENERAL 

OF TEXAS 

Honorable Eugene Brady 

County Attorney 

Hunt hmty 

Greemille, Texas 

Dear Sir: Opinion Iio. O-3498 

Rer Newspaper adverticenmts requestiug bids on counQ mpplies. 

Your request ior an opinion of tilis department hrs be-n received. :ie 

set out below the facts and question presented. 

"Article 1659 provides ?'or bids for materials to 'ce purchased by the County. 

Such Article providest 'That the County Auditor shall adverti::s for a period 

of two weks in at least we daily newspaper published and cirwl%ted in the 

sorwty, for such supplies and materials accordin: to speci?ications ;,iving 

in detail what is needed.* 

“Under the terms of this Statute, is it neccssa~ for the Counti? &ditor to 

advertise only onoe eachwreck for a period of two wee:rs, or is it nccessaly 

to advertise daily for a period of two weeks prior to the acceptance of 

bidsa" 

The applicable portion of Article 1659, Revised Civil Statutes, is as 

"ollowsr 

"Sw?$ies of every kind, road and bridge zxatsrinl, or ~FJ oth:hi:r x?tnrial, for 

the use of said county must be purchased on competitive bids . . . ?:le county auditor shall adverti?e for n period of two weeks in at least one daily 

newspaper, published and circulated in the county for sup$ios and material 

. . . 

" (sphasis ours) 

In Acts of 1903, 29th Legislature, Senate Eill X:0. 2X, Pago 361, provision is made for the appointxwzt of county auditors and prescribes their 

duties. Section 17 of that Act concerns the purchase of county supplies. 

xe quote therefrom: 

"It shall be the duty of the county auditor to acvertiso :?or a pPrioti of two 

weeks in at least ozie daily- -spaper published and circulated i:1 the counQr 

for such supplies and rraterial . . .* (Emphasis ours) 
Ronornble Eugene Brady, page 2 (O-3498) 

in the Revised Civil Statutes 3'; 1911, Article 1480 employed the same 

language. The 37th Legislature amended Article 1480, Revised Civil Statutes 

of 1911, in 1921. Howwer, that particular portion of the law which concerns 

us here was unchanged. Acts 1921, 37th Legislature, Senate Bill No* 144, 

Chapter 95, Page 185*, 

Thus, me see by a review of it 8 legislative history that our present 

day Article 1659, has remained a constant and unohanged factor insofar as 

the advertising clausa contained therein ic inolved. Th~is is important, 

for it reveals an unusual consistanoy in the expression of legislative intent. Consaquently, we have given, as we must, particular attention to the 

words and phrases used by the Legislature. The conclusion is inescapable. 

It is our opinion t!at the required advzrtfsoment must be inserted * 

in a newspaper meeting the statutory specifications. 

If t!Ms department held taat the statute contemplated only one insertion per reek over a two week period, we would be presuming that the Legislature had acted in an arbitrary and highly disoriminstory manner by favoring daily newspapers over those published weekly0 We, are not entitled, 

under thelaw, to make that presumption. 

We fool that this fully answers :F~L~L' inquiry. 

Yuurs very truly 

By /s/:%x. J. Far:ning 

G'&RS:egw 

APFROVED BOV 26, 1941 

/s/ GROVSR SELLFRS 

FIRST ASSISTANT 

AT'PORNFY GERXUL 

Wm. J. Fanning 

Assistant 

BJ ,/s,,' Grundy Williams 

APPT.CVEDx Grnndy Williams 

Opinion Comittee 

By B%B Chairman