Texas Attorney General Opinion: GA-0247 Page: 2 of 11
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The Honorable David R. Austin - Page 2
for the auditor to examine and approve it before the meeting of the
commissioners court. A claim, bill, or account may not be allowed
or paid until it has been examined and approved by the auditor.
Id. 113.064(a). Section 113.065 provides that "[t]he county auditor may not audit or approve a
claim unless the claim was incurred as provided by law." Id. 113.065.
The County Purchasing Act generally requires counties to make certain purchases using
competitive bidding. Section 262.023(a) of the Local Government Code provides that
[b]efore a county may purchase one or more items under a
contract that will require an expenditure exceeding $25,000, the
commissioners court of the county must:
(1) comply with the competitive bidding or competitive
proposal procedures prescribed by this subchapter;
(2) use the reverse auction procedure, as defined by Section
2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Subchapter H, Chapter
271.
Id. 262.023(a) (Vernon Supp. 2004); see also id. 271.111-.121 (Local Government Code,
chapter 271, subchapter H). In the Act, the term "item" means "any service, equipment, good, or
other tangible or intangible personal property, including insurance and high technology items." Id.
262.022(5) (Vernon 1999). In applying section 262.023(a), "all separate, sequential, or component
purchases of items ordered or purchased, with the intent of avoiding the requirements of this
subchapter, from the same supplier by the same county officer, department, or institution are treated
as if they are part of a single purchase and of a single contract." Id. 262.023(a) (Vernon Supp.
2004). A contract for the purchase of a personal or professional service is exempt from the section
262.023 competitive bidding requirement if the commissioners court by order grants the exemption.
See id. 262.024(a)(4).
Among other things, the Act requires that notice of a proposed purchase
be published at least once a week in a newspaper of general
circulation in the county, with the first day of publication occurring
before the 14th day before the date of the bid opening. If there is no
newspaper of general circulation in the county, the notice must be
posted in a prominent place in the courthouse for 14 days before the
date of the bid opening.
Id. 262.025(a). The notice must include detailed information about the proposed purchase. See
id. 262.025(b).(GA-0247)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0247, text, September 8, 2004; (https://texashistory.unt.edu/ark:/67531/metapth275143/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.