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 by thl we quote frole
your request 80 follow8:
e Amdated Terar 01~11 Stat-
vlde for the ruogorti of paupero
lots end ltumtloa arr oannot be ad-
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
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 ad-
rsrtlae ror a period of twe weeks In atfleart
one dally newspaper, publIshed and oirou-
lated in the county, for. BWh 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
the oountp auditor ac a part al the rsoords
or his offloe, and shall be nubJeot to In-
speotlon by any one. desiring to see them.
CopIee of all bide reoelted rhsll be 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$s8Ioners,
the auditor &all rejeot said bids and re-
advertise for neu biE;s. In oases olanergenoJ,
Honorable J. D. Looney, Page 3
purohases not in exoeee or one hundred and
fifty dollars may be made upon raquIeItlon
to be approved by the oommleelonere court,
without advertising l’ar oompetifire bide,”
Artlole 1660, Vernon’e Annotated Texea Civil Stet-
utee, reads as followat
“Al.1 olaime, bills and account e against
the county must be riled in ample time for
the auditor to examine end approve eeme before
the meeting8 of the oommiselonere oourt. NO
oleim, bill or aooount shall be alloued or
paid until It has been examined and apprwed
by the oounty auditor. The auditor ehall
examine the same and stamp his apprwel
thereon. If he deem8 it neoeeeary, all euoh
eooounte, bill, ox olalma must be verified
by affidavit touching the oorrc&mse of
the eeme. The auditor is hereby authorized
~;wo$niaistsr oathe for the purpoeee of this
Article 1661, Vernon’8 Annotated Texas Civil Stat-
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 luppllee 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 by the
oounty judge. Geld requleltlon muet be made
out end signed and approved in triplicate by
the said ofrloers, the triplioate to remain
with the orrioer desiring the puroheee, the
duplicate to be riled with the oounty audl-
tor, and the original to be delivered 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.”
. . .
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 by
the said officers, the triplioate to remein
with the orricer desiring the purohaee, the
duplloets to be filed with the county auditor,
end the original to be delivered to the party
from whom said purchase Ie to be 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
Untitled Texas Attorney General Opinion
Combined Opinion