Untitled Texas Attorney General Opinion

Hon. Richard E. Rudeloff Opinion No. M-242 I~ County Attorney Bee County Courthouse Rer Whether a County Commie- Beeville, Texas 78102 sioners Court is required to advertise and take com- petitive bids in order to award a contract for ser- vices amounting to an annpal charge not to exceed $Z,SOO.OO to be paid out of current Dear Mr. Rudeloff: funds. By recent letter you have requested an opinion concerning the above stated matter. We quote from your letter as follows: *Bee County, Texas has a population of 23,755 according to the laat Federal Cenaue. The Commissioners Court of Bee County has set up computer equipment and records in its tax office which the court wishes to be processed by a company equipment to perform such work. Such work or service6 will consist of preparing and supplying nece8sary forma 'for one year of the tax roll, tax reports, tax statements, in- ventory and proof roiL *‘A contract to perform this service has. been submitted by Texas Statistical Services, Inc. of Waxahachie, Texas for a total a-1 ch,&qe 'not to'exceed the sum of $2,500,00, which will be the maximtimlimit of liability for the tax authority.' -1181- Hon. Richard R. Rudeloff, page 2 (R-242) "In the current budget Bee County provided for the amount of $2,500.00 to pay for such services and now has such amount available in its current funds. The Commissioners Court of Bee County now cirbhes to enter into the afbresaid contract with Texas Statistical Services, Inc. with- out submitting the contract to competitive bids. "It is the opinion of the undersigned that the contract in question does not need to be submitted to competitive bidding under provisions of Article 2368a, Vernon's Civil Statutes. This is based upon Opinion NO. M- 172 of the Attorney General of Texas under date of December 20, 1967. . . .such opinion holds that the 'taking of such bids is not ap- plicable to county expenditures for the pur- chase of equipment for general use by the county payable out of current funds, even if the expenditure &s.$2,0.00..00or more-.:,,. The reasoning used in the aforesaid opinion should apply with like effect to the fact situation presented here where the county proposes to spend money for the purchase of services as aforesaid. "It is therefore the opinion of the undersigned that it is not necessary for the Commissioners Court of Bee County, Texas to submit the above-mentioned contract calling for an expenditure exceeding $2,000.00, to competitive bids because such expenditures is to be made by Bee County out of current ,funds." Section 2 of Article 236%a, Vernon's Civil Statutes, is quoted, in part, as follows: "Sec. 2. No county, acting through its Commissioners Court, and no city in this state -1182- Hon. Richard R. Rudeloff, page 3, (~-242) shall hereafter make any contract calling for or requiring the expenditure of payment of Two Thousand Dollars ($2,000,00) or more out of any fund orefunds of any city or county or subdivision of any county creating or im- posing an obligation or liability of any nature or character upon such county or any subdivision of such county, or upon such city, without first submitting such proposed contract to competitive bids. . D .and orovided further, as to contracts for nersonal or orofeasionaL services; work done by such county or city and paid for by the day, as such work progresses; and the purchase of land and right-of-way for authorized needs and purposes, _e_Proviglo_ns th shall not ~DDPY and in such cases the notice herq- in urovi.dedshall be siven but only with resvect to an intention to issue time warrants with riqht of referendum as contemplated in Sections 3 and 4 hereof resnectivelv. (Emphasis added.) The above quoted Section of Article 2368a, requires competitive bids for expenditures in excess of Two Thousand Dollars ($2,000 001 by cities and counties regardless of whether the expenditure is gut of current funds or not, Attorney General's Opinion M-172 (B967) holds that the giving of notice of intention to take bids is not applicable if the expenditure by the county is out of current funds, even if more than $2,000,00, The above quoted Section of Article 2368a expressly provides that contracts for personal or professional services do not have to be submitted to competitive bid, Attorney Gen- eral@s Opinions R-2315 (P95P): C-156 (1963); C-267 (1964); and M-233 (L9681, Under the facts as submitted, it is our opinion that the contract.in question falls within the personal or profes- slonal ser\ticeexception of competitive bidding as required by Article 23683, -1183- ^ . Hon. Richard E. Rudeloff, page 4 ,("-242) SUMMARY A Commissioners Court is not required to advertise and take competitive bids in order to award a contract for work or services which will consist of preparing the tax roll, tax re- por,ts,tax statements,inventory and proof roll, amounting to an annual charge not to exceed $2,500.00 to be paid out of current funds. General of Texas Prepared by James C. McCoy Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman James Quick Alan Minter Jim Swearingen Mark White A. J. CARUBBI, JR. :Rxecutive Assistant ._, -1184-