JOHN L. HILL 

Attorney General 

Honorable Joe Resweber 

Harris County Attorney 

1001 Preston 

Houston, Texas 77002 

OpilliOll NO. H- 1262 

Re: Whether a county may purchase 

radio equipment through a council of 

governments. 

Dear Mr. Resweber: 

You inquire about the authority of the Harris County Commissioners 

Court to purchase radios through a Council of Governments created under 

article lOllm, V.T.C.S. The court informs us that it wants to purchase a radio 

system for county constables and can do so at a substantial saving by 

purchasing through the Houston-Galveston Area Council. You ask whether 

competitive bidding provisions apply to this transaction. You also ask 

whether the county purchasing agent must make the purchase. 

Article 6889e, V.T.C.S., provides in part: 

Section 1. In each county in this State having a 

population of six hundred thousand (600,000) 

inhabitants or more according to the last preceding 

Federal Census, the Commissioners Court, in its 

discretion, may furnish all constables and/or deputy 

constables two-way radios to be used in connection 

with the performance.of their official duties. . . . 

Sec. 2. The cost of the two-way radios, the 

installation and charges in connection therewith, all 

necessary repairs that may be made thereon and other 

expenses in connection therewith shall be paid out of 

the general fund of the county. 

This statute applies to Harris County and its commissioners court clearly has 

authority to furnish the radios. See also Attorney General Opinion M-1021 

(1971). Article 1580, V.T.C.S., permits the appointment of a county purchasing 

agent in counties of 74,000 or more inhabitants by a board composed of the 

district judges and county judge. Harris County has a purchasing agent 

appointed according to these provisions. It is his duty “to make all purchases 

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for such county of all supplies, materials and equipment required or used by such 

county or by a subdivision, officer, or employee thereof, excepting such purchases 

as may by law be required to be made by competitive bid. . . .‘I (Emphasis added). 

Article 1659a, V.T.C.S., which applies to Harris County, requires the purchase on 

competitive bids of “supplies of every kind, road and bridge material, or any other 

material, for the use of said county” where the expenditure exceeds $2,000. 

(Emphesis added). Similar language on the competitive bidding requirement for 

supplies and materials which appears in article 1659, V.T.C.S., has been construed 

narrowly. See Attorney General Opinion H-482 (1974). In Patten v. Conch0 County, 

196 S.W.2d833 (Tex. Civ. App. - Austin 1946, no writ), the court determined that 

road machinerv did not constitute “suoolies” or “materials” within article 1659. See 

also Century Indemnity Co. of Chicago, Ill. v. Shunk Mfg. Co., 68 S.W.2d 772 (Ky. 

1934) (cited in Patten v. Conch0 County). In our opinion, the radios would 

constitute “equipment” within article 1580. V.T.C.S., and not supplies or materials 

within article‘1659a. See Trinity Road & Bridge Co. v. J. C. Watson, 341 S.W.2d 956 

(Tex. Civ. App. - Fort Worth 1960, writ ref’d n.r.e.) (road machinery was not 

“materials supplied” within mechanics lien statute); Irwin v. Auto Finance Co., 40 

S.W.2d 871 (Tex. Civ. App. - Waco 1931), rev’d on other grounds, 60 S.W.2d 192 

(Tex. Comm’n App. 1933, jdgmt adopted) ( mortgage on automobile and “all 

equipment” could include car radio); Connor v. Littlefield, 15 S.W. 217 (Tex. 1890) 

(“supplies” means stores of food, etc. kept for daily use). But see Clayton vi 

Bridgeport Mach. Co., 33 S.W.2d 787 (Tex. Civ. App. - Eastland 1931, writ ref’d 

(tools used in drilling oil well are “supplies” within mechanics lien statute). 

Consequently, the county purchasing agent must purchase the radios pursuant to 

the provisions of article 1580, V.T.C.S. 

We find no statute, however, that would prohibit the county purchasing agent 

from cooperating with the Council of Governments in purchasing radios. The 

council is a regional planning commission established under article lOEm, V.T.C.S., 

see Attorney General Opinion M-518 (19691, which permits local units of government 

Fcooperate to improve the health, safety, and general welfare of their citizens. 

V.T.C.S. art. lOllm, S 2. It is a political subdivision of the state, with authority to 

purchase property and to contract with its member governments to perform any 

service that the members could have a private entity perform. V.T.C.S. art. lOllm, 

S 4(a), cc), (d). 

A county and a regional planning commission may contract under the 

Interlocal Cooperation Act, article 4413(32c), V.T.C.S. Attorney General Opinions 

H-296 (1974); M-1278 (1972). Local governments, including counties, are expressly 

authorized to contract for purchasing services under article 4413(32c). Sec. 3, 4(a). 

We believe that article 1580, relating to the purchasing agent, can be construed in 

harmony with the Interlocal Cooperation Act, so that counties may use the 

opportunity to increase efficiency in purchasing provided by the latter statute. The 

purchasing agent is the agent of the county for purchases governed by article 1580, 

V.T.C.S., and the agent of the commissioners court for the particular purchase 

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Honorable Joe Resweber - Page 3 (H-1262) 

under consideration. We believe he would have authority to purchase the radios 

through the Council of Governments at the direction of the commissioners court. 

We note that Attorney General Opinion H-482 (1974) stated that the county 

purchasing agent had control of contracts regulated by article 1580, V.T.C.S., and 

that he was subject to the control of the special Board of Judges and not the 

commissioners court. This opinion correctly states the need for compliance with 

the procedures of article 1580 and notes the purchasing agent’s independence from 

the court with respect to appointment and salary. V.T.C.S. art. 1580, S l(a), (f); see 

Attorney General Opinion M-708 (1970). Nevertheless, he still remains the agent3 

the county and, in our opinion, is subject to the court’s direction as to reasonable 

specifications and maximum prices of the items he purchases. See Bertrand v. 

Mutual Motor Co., 38 S.W.2d 417 (Tex. Civ. App. - Eastland 1931, wxref’d) (agent 

is subject to principal’s control). 

We are informed that the Houston-Galveston Area Council has carried on 

joint purchasing activities since 1973, dealing with numerous county purchasing 

agents in this regard. Counties belonging to other regional planning commissions 

have engaged in similar activities. These transactions show that articles 1580 and 

4413(32c) can be and have been harmonized in practice by the agencies responsible 

for administering them. We believe this construction is entitled to ureat weieht. 

510 S.W.2d 913 (Tex. 1974); Wagner v. City of Sai Angelo; >46 

App. - Austin 1977, no writ). 

You have also submitted the draft of an agreement between the commissioners court and the Houston-Galveston Area Council and ask whether the court 

may enter into it. Since the purchasing agent is not made a party to the 

agreement, we do not believe it complies with article 1580, V.T.C.S. See Attorney 

General Opinion H-482 (1974). We decline to propose specific contracTprovisions, 

but advise you that the contract should be drafted in light of the guidelines stated 

in this opinion. 

SUMMARY 

The Harris County Commissioners Court may direct the 

County Purchasing Agent to purchase radios for constables 

through the Houston-Galveston Area Council created under 

article lOllm, V.T.C.S. 

Aery truly yours, h , 

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Opinion Committee 

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