The opinion
Avsnrv 11. TEXAS
WILL WIlLSON
AT-rOWNEY oE)NmsR*E
August 21, 1961
Honorable Joseph C. Ternus
County Attorney
San Patricia County
Sinton, Texas Opinion No. WW-1121
Re: Duties of County Auditor
in regard to purchases
Dear Mr. Ternus: by the County.
In your letter of August 3, 1961, you have
requested our opinion on three questions posed by the
County Auditor of San Patricia County. Quoting from
the County Auditor's letter to you, these questions
will be set forth as they are discussed.
"1. Who is the purchasing agent
for San Patricia County, Texas?"
Article 1645a-1 Vernon's Civil Statutes,
purports to authorize the County Auditor to serve as
purchasing agent in counties with a population of not
less than 24,125 nor more than 24,150, counties of not
less than 43,000 nor more than 43,100, certaincouni;ies
of not less than 65,000, and counties of not less than
90,000 nor more than 225,000. Article 1645h, Vernon's
Civil Statutes, purports to provide to the same effect
in counties with a population of not less than 41,680
nor more than 42,000. Without passing on the constitu-
tionality of such population brackets, suffice it to
say that San Patricia County, with a population of
45,021 according to the last federal census, does not
fall within the operative effect of either article.
In counties with a population of 73,000
or more a county purchasing agent may be appointed by
a board composed of the county judge and the district
judge or judges of the county. Acts 56th Leg., R.S.,
1959, p. 913, ch. 418. Again the population of San
Patrlcio County fails to bring It within the statute.
Lacking statutory authority, a county auditor
has no duty to act as purchasing agent for the county.
He need only perform those limited functions of the
Honorable Joseph C. Ternus, page 2 (WW-1121)
purchasing process that are conferred upon him by statute.
Attorney General's Opinion No. O-1338 (1939). We are
led to conclude that there is no "purchasing agent" as
such, for San Patricia County.
"2. Will you please define my
duties connected with the pur-
chasing function? I believe
that Articles 1659 and 1661 of
Ternon 'i3Texas Statutes require
that I am responsible for the
following:
a. Advertise for bids stating
where specifications are
located.
b. Keep a record of competi-
tive bids on file.
c. Furnish Commissioners Court
with copy of bids received.
d. Fleadvertisefor bids when
necessary.
e. Receive a copy of purchase
requisition from officer
desiring the purchase.
"So far as I know, the above duties are
those prescribed for me to perform
connected with the purchasing function.
You are requested to outline my duties
connected with the purchasing function
according to xour interpretation of
the statutes.
Article 1659, Vernon's Civil Statutes, sets
forth the duties of county auditors in regard to county
purchasing in the following language:
The county auditor shall adver-
&e'for a period of two weeks in at
least one daily newspaper, published
and circulated in the county, for such
supplies and material according to
specifications, giving in detail what is
needed. Such advertisements shall
state where the specifications are to
be found, and shall give the tiimeand
place for receiving such bids. All
such competitive bids 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
Honorable Joseph C. Ternus, page 3 (WW-1121)
desiring to see them. Copies of all
bids received shall be furnished by
the county auditor to the county judge
and to the commissioners court; and
when the bids received are not satis-
factory to the said judge or county
commissioners, the auditor shall reject
said bids and re-advertise for new bids."
This language charges the Cou::tyAuditor with
the following duties in connection with the purchasing
function:
1. Advertising for bids, indicating
therein the time and place for
receiving bids.
2. Keeping on file all bids received.
3. Furnishing copies of all bids received
to the county judge and commissioners
court.
4. Readvertising for bids when those
received in the first instance are
deemed unacceptable by the county
judge or commissioners court.
In addition to these duties, Article 1661,
Vernon's Civil Statutes, requires the County Auditor to
file a copy of all purchase requisitions.
"3. Included among the various
operations connected with the
purchasing function not enumera-
ted above as being the duty of
the County Auditor are the
following:
a. Responsibility for making
decisions.
b. Prepare and explain speci-
fications.
Get out invitations to bid.
:: Decide who to send invita-
tions to bid to.
e. Work out problems concern-
ing bids and merchandise
with salesmen and bidders.
f. Issue purchase requisitions
to party from whom purchase
is to be made.
Honorable Joseph C. Ternus, page 4 (WW-1121)
62. Receive merchandise, and
open and check same against
purchase requisitions.
h. Distribute merchandise.
I. Store merchandise if
necessary.
"You are requested to define who
is responsible for performing the
above items of work connected with
the parchasing function,,forSan
Patricia County, Texas.
(a) While without question the County Auditor
bears the responsibility for making some decisions, we are
not apprised of the nature of the decisions contemplated
by your inquiry.
(b) Preparation and explanation of specifi-
cations is inferentially the duty of the Commissioners
court. Attorney General's Opinion No. O-6606 (1945).
(c,d) Article 1659, supra, requires that
bids be invited by newspaper advertisement. Inviting
bids by means of circular letters is not authorized, and
the County Auditor consequently has no duties in that
regard.
(e) We find no authority imposing upon
County Auditors the duty to negotiate in any manner with
salesmen and bidders.
(f) Article 1661, Vernon's Civil Statutes,
directs that requisitions be approved by the County Judge
'beforethey are submitted to the County Auditor for
his approval. Since requisitions do not originate with
the County Auditor, we find no implication that he has
a duty to supply or issue requisitions forms. Certainly
there is no express authority to that effect.
(g,h,i) Responsibility for receiving, checking,
distributing, and storing merchandise does not rest with
the County Auditor. His office is essentially that of
a fiscal guardian, not that of a storekeeper.
SUMMARY
The County Auditor of San Patricia
County is not the purchasing agent
for that county. His duties in
r
Honorable Joseph C. Ternus, page 5 (WW-1121)
respect to county purchases are
limited to advertising for bids,
re-advertising when necessary,
filing copies of bids and supply-
ing copies to the County Judge
and Commissioners Court, and
approving and filing copies of all
purchase requisitions.
Yours very truly,
WILL WILSON
Attorney General of Texas
GH:lgh
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Charles Lind
Glenn Brown
Gordon C. Cass
REVIEWED FOR THE ATTORNEY GENERAL
BY: Howard W. Mays