# THEA%TORNEYGENERAL OF TEXAS

HonorableEugene 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 departmenthrs 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. SuchArticle providest 'That the CountyAuditor 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 detailwhat 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 twoweeks 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 countymust be purchased on competitivebids . . . ?:lecounty auditor shall adverti?e for n period of twoweeks in at least one daily newspaper,published and circulatedin the county for sup$ios and material

. . ." (sphasis ours) In Acts of 1903, 29th Legislature, Senate EillX: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:1the counQr for such suppliesand 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 amendedArticle 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 BillNo* 144, Chapter 95, Page 185*, Thus,me see by a review of it8 legislativehistory that our present day Article 1659, has remained a constant and unohanged factor insofaras the advertising clausa contained therein ic inolved. Th~isis 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 requiredadvzrtfsomentmust be inserted* in a newspapermeeting the statutory specifications. Ift!Ms departmentheld taat the statute contemplatedonly one insertion per reek over a two week period,we would be presuming that the Legislature had acted in an arbitraryand highly disoriminstorymanner by favoring daily newspapers over those publishedweekly0 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 FIRSTASSISTANT AT'PORNFY

GERXUL Wm. J. Fanning Assistant

BJ ,/s,,' Grundy Williams GrnndyWilliams APPT.CVEDx Opinion Comittee By B%B Chairman