### May21, **1969** Honorable James 

### E.Barlow, Criminal District **Attorney Bexar**  **County** SanAntonio, Texas

Dear Mr. Barlwr 

### Opinion**No. M-403** 

Re:Whether advertisement and competitive bidding on all purchases is required 

### ofBexar County.. 

### In**a**

### recentletter to this office **you** requested an opinion in regard to the abwe referenced matter. We quote **from** your letter ae.follwat

"Isadvertieermnt and competitive bidding on all purchases required of **Bexar** County?"
In connection with this request, you **have** advised us that the aeeeeaed valuation of

### BexarCounty ie $748,000,000.00 and that the population ofBexar County, according to the 1960 ceneue is 687,151. Therefore, D.B. 33,Acts of the 61st Legislature, Regular Seesion 1969 (Article 1659b,V.C.S.), isnot applicable to Bexar County, because the act requires an aseeesed valuation 

### of $800,000,000.00 or more. Likewise, Article 2368a**of** Vernon'e~Civil **Statutes** referred to in your request is only applicable to counties having a population 

### of350,000or lees, and does not apply to

### BexarCounty. See **Attorney** 

### General Opinion 

### No.W-406 (1958).

You have advised this office that

### BexarCountyhas adopted The Cptional RoadLOW of 1947. same being **Article** 6716-1 

### ofVernon's Civil Statutes of Texas, aa

### amended.

Section 15 of Article 6716-1, Vernon's Civil Statutes of Texas. **provides** as follower

*All ecuionvznt.materiale and suonlies for the construction and maintenance of countv roads and

-1995-Honorable James R. Barlow, page 2 

## (M-4C3)

for the countv road department shall be purchased by the Commissioners Court on competitive bids in conformity with estimates and specifications prepared by the County Road Engineer; except when upon recommendation of the County Road Engineer and when in the judgment of the Commissioners Court it is deemed in the best interest for the county todo so, purchases in an amount not to exceed one Thousand Dollars ($1.000.00) may be made through negotiation by the Commissioners Court or the Commissioners Court's duly~authorizedrepresentative, upon requisition tobe approved by the Commissioners Court or the County Auditor without advertising for competitive bids.
. .The provisions of this section shall not be construed to permit the division 

### orreduction of purchases for the purpose ofavoiding the requirement of taking formal bids on purchases which would othetiise exceed one Thousand Dollars ($l,OOO.OO). As amended Acts 1957. 55th Leg., p. 24, ch. 17 f 2." (Emphasis added.) Section 15 ofArticle 6716-1, supra, requires that all eauinment, materials and supplies for the construction andmaintenance of county roads and for the county road department shall be purchased by the CormnFssionersCourt on competitive:bids in.conform&Q with estimates .andspscifications prepared by the County Road Engineer. However, that section further provides that upon recommsndaticm by theCounty Road Engineer and when in the judgment of the Commissioners Court, it is deemed in thebest interest of the county for the county to do so, purchases in an amount not to exceed $l,OOO.OO may be made through negotiations andby following certain procedures, therein set out,without advertising for competitive bids.

-1996-Honorable James E. Barlow, page 3 (H-483)

Inview of theholding in Patten v. Conch0 County, 196 S.W.Zd 833-834. (Tex.Civ.App. 1946, nowrit) inwhich the Court held that **road** machinery does not fallw4HW.n the terma "supplies and materials" **as** that term isused in **Art.** 1659 of Vernon's Civil Statutes of Texas, it is necessary thatwe must determine whether thewording of Sec. 15 

### of**Art.** 6716-1, eupra, which states "all equipment, material'sand supplies.
. ."includes **road** machinery.

In the **case** ofBolts v. Babcock, 389 P.2d.069, 874 (Mont. Sup. 1964) theCourt stated:

"Webster's Third New International Dictionary **defines** 'equipmant' as 'The imple**ments** (asmachinery or tools) used in an operatim or activity'. 'allthe fixed assets other than land and buildings of abusiness enterprise;' 'the rolling stock of **a** railway', 'equipment **usually** covers everything, except personnel, needed for the efficient operation or service* * l'"
In accord, Words & Phrases Vol. 14a.
Inview of the foregoing, it is our opinion that **the** word 'equipment* as used in Sec. 15 of **Art.** 6716-1, eupra, includes road machinery.

**Article** 1659 of Vernon's Civil **Statutes** of Texas, prwidee as follower

. . l Suooliee of everv kind, road and bridge material, 

### orgnv other material, for theuse of said county, 

### or**any** 

### ofits officers, departments, or institutions met be **mrchaeed** on comwtitive bide, the-contract tobe awarded to **the** party who, in thebeet judgment, 

### ofthe conuuieeionerecourt, has submitted the lowest andbeet bid. The county auditor shall advertise the biddinq'at least once aweek for two consecutive weeks in at least one daily newspaper published and -1997-Honorable JamesE. Barlow, Page 4 (M-@3)

circulated in the county. The advertisements shall state where the epecifications are tobe found, and shall give the time and place for receiving thebide. Publication of the first advertisement shall precede the last day for receiving bide by at least 14days. All such competitive bide shall be kept on fileby the county auditor as a part of the records ofhis office, and shall be subject to inspection by any onedesiring to see them. Copies of all bide received shall be furnished by the county auditor to the county judge and to the commissioners court: andwhen thebide received arenot eatisfactory to the said judge or county connniesioners, the auditor shall reject said bids and readvertise 

### fornewbide. In cases of emergency, purchases not in excess of $300 may be made upon requisition tobe apprwed by the commissioners court'without advertising for competitive bide. **Acts** 1965, 59th Leg., p. 944. ch. 458, fi1' (Emphasis added.)
It is tobe noted inArticle 1659, supra. that competitive bide are required on supplies of every kind, or onany other material for the **use** of said county. except in cases of emergency, when purchases not inexcess of $300 maybe made upon requisition tobe approved by the connnissionerecourt without advertising for competitive bide. Article 2359 ofVernon's Civil Statutes ofTexas reads as follows:

"The commieeionere court shall advertise at least once in every two

### vears,for sealed oroposals to furnish blank books, legalblanks, stationery and such 

### otherprinting as may be required for the

**- 1998** **-**Honorable James E. Barlow, page 5 

## (M-403)

**:.** county for the term of such contract, and

shall receive separate bide **for** the different classes hereinafter designated. Such advertieement shall be made by the county clerk, who shall notify by reqiatared letter, each newspaper and job printinq house in the county, and at least. three stationery and printing houses in the State, **of** the time said contract is tobe **awarded,** and of the probable amount of supplies needed.' (Emphasis added.)
It

### canthusbe said that the purchase **of** legal blanks, stationery. printing and similar supplies are controlled by this article, by competitive bide.
SUMMARY Under the prwisions of Section 15 **of Art.**  **6716-1, Art.**  **1659,** and **Art. 2359**  **of** Vernon's Civil Statutes of Texas, **Bexar** County is required to advertise for competitive bide on all purchases made, subject to the exceptions as set **out in**  Sec. 15 of **Art.** 6716-1 and **Art.** 1659, Vernon's Civil Statutes. Youryyery truly,

ORDC.MARTIN **rney** General of Texas Prepared by John Ii.Banks Assistant Attorney General

**- 1999**  **-**