Texas Attorney General Opinion: O-1317 Page: 3 of 3
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Hon. T.K. Wilkinson, page 3
authorities empowered to expend public funds to
award contracts for snoh expenditures only after
notice and upon competitive bits. It would be
subversive of that spirit, and in contravention
of those statutes so construed to give effect
to the subterfuge resorted to In this transae-
tion for the purpose of evading the law, and
this court declines to lent its aid to that pur-
pose."
We, therefore, respectfully advise that it is
the opinion of this department that your first question
should be answered in the negative; namely, that the com-
missioners' court cannot lease or rent, with the option
to purchase, road machinery, pickups or trueks, ware-
houses for the storage of equipment. The question of
advertising for bids, in suoh ease, thereupam beeames
imaater al.
You also ask this further questions
"Can the commissioners' oourt declare an
emergeany and purchase equipment in excess of
$150.00?"
We respeotrully advise that it is our opinion, under the
clear terms of Article l659, Revised Civil Statutes, 192,
the commissioners' court cannot, by declaring an emergen-
oy, purchase equipment in excess of $150.00 without ad-
vertising for competitive bids.
We trust this answers your inquiries satisfactori-
ly.
Yours very truly
ATTORNEY cGY.XRAt, o TfrAs
Wit. J. Fanning
W~aF: ob Assistant
APOVEDSEP 16 1939 APPROVED
OPINI ON
71, ,., COMMfrEE
ATTORNEY GENERAL O TtXAS con
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1317, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258500/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.