May 21, 1969 

Honorable James E. Barlow, 

Criminal District Attorney 

Bexar County 

San Antonio, Texas 

Dear Mr. Barlwr 

Opinion No. M-403 

Re: Whether advertisement 

and competitive bidding 

on all purchases is 

required of Bexar County.. 

In a recent letter to this office you requested 

an opinion in regard to the abwe referenced matter. We 

quote from your letter ae.follwat 

"Is advertieermnt and competitive bidding on 

all purchases required of Bexar County?" 

In connection with this request, you have advised 

us that the aeeeeaed valuation of Bexar County ie $748,000,000.00 

and that the population of Bexar 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.), 

is not 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 

of 350,000 or lees, and does not apply to Bexar County. See 

Attorney General Opinion No. W-406 (1958). 

You have advised this office that Bexar County has 

adopted The Cptional Road LOW of 1947. same being Article 

6716-1 of Vernon'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 to do 

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 ~authorized representative, upon 

requisition to be 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 or reduction of purchases for the purpose 

of avoiding 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 of Article 6716-1, supra, requires 

that all eauinment, materials and supplies for the construction 

and maintenance of county roads and for the county road 

department shall be purchased by the CormnFssioners Court 

on competitive:bids in. conform&Q with estimates .and spscifications prepared by the County Road Engineer. However, 

that section further provides that upon recommsndaticm by 

the County Road Engineer and when in the judgment of the 

Commissioners Court, it is deemed in the best 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 

and by following certain procedures, therein set out, without advertising for competitive bids. 

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

In view of the holding in Patten v. Conch0 County, 

196 S.W.Zd 833-834. (Tex.Civ.App. 1946, no writ) in which 

the Court held that road machinery does not fall w4HW.n 

the terma "supplies and materials" as that term is used in 

Art. 1659 of Vernon's Civil Statutes of Texas, it is 

necessary that we must determine whether the wording of 

Sec. 15 of Art. 6716-1, eupra, which states "all equipment, material's and supplies. . ." includes road machinery. 

In the case of Bolts v. Babcock, 389 P.2d.069, 

874 (Mont. Sup. 1964) the Court stated: 

"Webster's Third New International 

Dictionary defines 'equipmant' as 'The implements (as machinery or tools) used in an operatim 

or activity'. 'all the fixed assets other than land 

and buildings of a business 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. 

In view 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, 

or gnv other material, for the use of said county, 

or any of its officers, departments, or institutions 

met be mrchaeed on comwtitive bide, the-contract 

to be awarded to the party who, in the beet judgment, 

of the conuuieeionere court, has submitted the lowest 

and beet bid. The county auditor shall advertise the 

biddinq'at least once a week for two consecutive 

weeks in at least one daily newspaper published and 

-1997- 
Honorable James E. Barlow, Page 4 (M-@3) 

circulated in the county. The advertisements 

shall state where the epecifications are to be 

found, and shall give the time and place for 

receiving the bide. Publication of the first 

advertisement shall precede the last day for 

receiving bide by at least 14 days. All such 

competitive bide shall be kept on file by the 

county auditor as a part of the records of his 

office, and shall be subject to inspection by 

any one desiring to see them. Copies of all 

bide received shall be furnished by the county 

auditor to the county judge and to the commissioners 

court: and when the bide received are not eatisfactory to the said judge or county connniesioners, 

the auditor shall reject said bids and readvertise 

for new bide. In cases of emergency, purchases 

not in excess of $300 may be made upon requisition 

to be apprwed by the commissioners court'without 

advertising for competitive bide. Acts 1965, 

59th Leg., p. 944. ch. 458, fi 1' (Emphasis added.) 

It is to be noted in Article 1659, supra. that 

competitive bide are required on supplies of every kind, 

or on any other material for the use of said county. except 

in cases of emergency, when purchases not in excess of 

$300 may be made upon requisition to be approved by the 

connnissionere court without advertising for competitive 

bide. 

Article 2359 of Vernon's Civil Statutes of Texas 

reads as follows: 

"The commieeionere court shall advertise 

at least once in every two vears, for sealed oroposals 

to furnish blank books, legal blanks, stationery 

and such other printing 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 to be awarded, and 

of the probable amount of supplies needed.' 

(Emphasis added.) 

It can thus be 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 -