I THE ATTORNEY GENERAL
OF %-EXAS
AUWTIN,TEXAR 78711
October 27, 1975
The Honorable Fred Galindo Opinion No. H- 724
Criminal District Attorney
Cameron County Courthouse Re: Authority of county judge to
Brownsville, Texas 78520 reject bids under article 1659,
V. T. C. S.
Dear Mr. Galindo:
You have requested our opinion concerning whether a county judge,
acting alone, may reject bids pursuant to article 1659, V. T. C. S.
Article 1,659 governs the procedure for competitive bidding in most
counties where the value of the goods or supplies to be purchased does not
exceed $3000.00, and provides in part:
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 re-
ceived are not satisfactory to the said judge or
county commissioners, the auditor shall rejex
said bids and readvertise for new bids.~ (emphasis
added)
Article 1659 clearly provides for rejection on the basis of a determination
by the county “judge or county commissioners. ” Where the language of a statute
is unambiguous, and its meaning is clear, the statute will be construed and given
effect according to its terms. 53 Tex. Jur. 2d Statutes $ 164, and authorities
cited therein. In addition, statutes such as article 1659 must be complied with il>
order to create a valid contract. Wyatt Metal & Boiler Works v. Fannin Couruy.
111 S. W. 2d 787 (Tex. Civ. App. --Texarkana 1937, writ dism’d. ); Limestone
County v. Knox, 234 S. W. 131 (Tex. Civ.App. --Dallas 1921, no writ). Accord-
ingly, in our opinion article 1659 authorizes a county judge to reasonably reject
bids submitted under its provisions.
SUMMARY
Article 1659 authorizes a county judge to
reasonably reject bids submitted under its pro-
visions.
/ Attorney General of Texas
p. 3x(9/
The Honorable Fred Galindo - page two
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Opinion Committee
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p. 3100