Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Honorable J. D, Looney
Uounty Auditor
Bowir aounty
Boe~ton , Texan
Dear 6lrr
Tour rsqueat for n reoelved and oarerully cmmlderad thl we quote frole your request 80 follow8: Terar 01~11 Stat-
e Amdated vlde for the ruogorti of paupero
lots end ltumtloa arr oannot mitted into the lunatio wylum, reeidente of U;vesaounty, who are unable to support them-
By the term resident. a8 used herein, la m&t a prron who ham been a bona fide in- habitant of the county not bea than sir months end of the &c&e not leer than one yearma *2 Honorable 3. D, Loonap, Page 2
Artlole 718, Vernon’8 Annotated T’exaa Clrll Etat- ute8, reads in part a8 follows:
=After hevlng been authorized as pro- rided In Chapter One of this Title, the Com- mlsslcmera' Court of a oounty may lawfully
illlU0 bOndI3 Of Bald OOUZity for the rOilOX- ing purpors~t
a. . .
“3. To establish oountJ poor houses and iam8 in the county; . . .*
Artlole 1659, Vernon*8 Annotated Texas Cfril Stat- ute&3, read6 aa iollowa t
Wuppllea of every kind, road end bridge matorlal, or any other material, for the use or said county, or eny of Its oirioera, depart- ments, or Inatltutlons must be purohessd on oompstitlre blde, the oont raot to be awarded to the party who, In the judmnt of the com- missionera court, haa submitted the laweet and beet bid. The oounty auditor shall ror a period of twe weeks In atfleart rsrtlae one dally newspaper, publIshed and oirou-
lated in the county, for. BW h supplIea and mterlal eooording to specifications, giving In detail what is needed. Such advertles-
mente shall etate where the epeolZIoatIons
are to be found, and shall gIVe the time and pleoa for reoeiring suoh bida. Al1 r.uoh
oompetItlVe bida shall be kept on tile by oountp auditor ac a part al the rsoords or his offloe, and shall be nub Jeot to In- speotlon by any one. desiring CopIee of all bide reoelted to see them.
rhsll fur- nished by the oounty auditor to the county judge and to the oommisslonsre oourtf and
v!hen the bide rsoeived are not aatlsraotory
to the said judge or oountp aomm$s8Ioners,
the auditor &all rejeot said bids and re- advertise for neu biE;s. In oases olanergenoJ, *3 Honorable J. D. Looney, Page 3
purohases not in exoeee or one hundred and fifty dollars may be made upon raquIeItlon
to be approved by the oommleelonere court,
without advertising l’ar oompetifire bide,”
Artlole 1660, Vernon’e Annotated Texea Civil Stet- utee, reads as followat
“Al.1 olaime, bills and account e against the county must be riled in ample time for
the auditor to examine end approve eeme before the meeting8 of the oommiselonere oourt. NO oleim, bill or aooount shall be alloued or
paid until It has been examined and apprwed by the oounty auditor. The auditor ehall
examine the same and stamp his apprwel thereon. If he deem8 it neoeeeary, all euoh eooounte, bill, ox olalma must be verified
by affidavit touching oorrc&mse of
the eeme. The auditor is hereby authorized
~;wo$niaistsr oathe for the purpoeee of this 1661, Vernon’8 Annotated Texas Civil Stat- Article utee, reads 88 followrt “He shall not audit or approve any euoh olelm unless It has been oontraoted ae pro- vided by law, nor any eooount ror the purohaee of l uppllee or emterlale ?or the use of said oounty or any or its orrloere, unleee, in
addition to other requirement8 of lew, there Is attaohed thereto e requisition signed by the orfloer ordering same and approved the oounty judge. Geld requleltlon muet be made out end signed and approved in triplicate
the said ofrloers, to remain with the orrioer desiring the puroheee,
duplicate to be riled with the oounty audl- tor, and the original to the party from whom said purchase Ie to be made before any purchase shall be xxxde. All war- rants on the oounty treesurer, exoept war-
rants for jury service, must be oountsr-
signed by the county auditor.” *4 . . . 368
Honorable J. D. Looney, Page 4
The CommIseloners~ Court has gemeralmanagsment, eup8rvIelon and control over the oounty poor farm end would clearly her8 authority to employ a eupsrlntendent or overseer to look after the affairs of the poor farm under their direotlon. The purohars OS grooerlee end supplier must be made In strict oompllanoe with Artialee 1659 and 1661, eupra. We oall your pertloular attention to that portion of Article 1661, supra, whloh reeds as ~ollavet
” nor eny acoount for the purohaee of supilie; or materiele for the use of said oounty or any of its offleers, unless, in addi- tion to other requirements of law, there IS attached thereto a requIsItlon signed by the officer Ordering same and approved by the
oounty judge. Said raquleltion must be made out and elgned and approved In trlplloet8
the said officers, to remein with the orricer desiring the purohaee,
duplloets to be filed with the county auditor, end the original to the party from whom said purchase Ie to made before any purchase shall bo made. . . . .”
Trusting that this eatIefeotorily answers your Inquiry, w8 are
Very truly your6 ATTORNJIYGENERAL OFTEXAS gG8 s- Wm. JL;~“,gf WJF : GW