Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Auctioneering services, city may determine whether they are "professional services" exempt from competitive bidding requirementsDM-0106
Automated information systems, purchase by local governments through state catalogue purchasing procedureDM-0350
Automatically renew contract for loading and unloading services, navigation district may limit the number of times it will consent toJC-0354
Carpenter, whether within professional services exception to competitive bidding requirementsJM-1136
Catalog purchasing provision of section 2157.0611 of the Government Code, to the extent that it is currently in effect, does not apply to purchases by an independent school district.GA-0900
Construction work performed by school district employees not subject to competitive bidding statutesDM-0242
Contracts to load and unload cargo not exempt from Water Code competitive bidding requirements as personal or professional services contractsLO97-031
County attorney is not "specialized local entity" for purposes of competitive bidding requirementsJM-1136
County pruchase and resale of construction or other heavy equipment, applicability of competitive bidding statutesGA-0628
Exempt, whether particular contract is for loading and unloading cargo is question of factLO97-059
Exemption of ambulance service contract from competitive bidding requirement by order of commissioners court after it has requested and rejected bidsJC-0136
Exemption, municipalities may procure service through competitive bidding even if such services qualify for anDM-0106
Federal cooperative purchasing program whereby U.S. General Services Administration would make federal supply schedules available to state and local governments, effect of repeal on state purchasing provisionsJC-0230
Forfeited property, property forfeited under chapter 59 of the Code of Criminal Procedure may be leased as proper administration of property under article 59.06(a) of the code, and is not subject to statutory bidding proceduresGA-0122
Guaranteed program management services for school building program, whether school district may procure under Professional Services Procurement Act (Tex. Att'y Gen. Op. No. JM-940 (1988) is superseded by statute)JC-0224
Insurance, whether junior college may purchase using designated broker of recordJC-0205
Insurance, whether school district must competitively bid contract to purchase (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-418 (1996))DM-0347
Job order contracting method of procurement, authority of Metropolitan Transit Authority of Harris County to useGA-1028
Landscape architects not exempt from competitive bidding under Professional Services Procurement ActLO90-067
Local government corporation not subject to competitive bidding requirements applicable to county or city that created itJC-0206
Material specifications for Department of Transportation construction and maintenance contracts may not be limited to particular vendor if other vendors have similar products of equal quality, and may not include requirements that are unrelated to the matJC-0124
Monorail technology, procurement of transit system employing subject to competitive bidding, however, transit authority board may grant waiver in favor of competitive negotiation if statutorily specific conditions are foundDM-0043
Notices required by statute to be published in "newspaper of general circulation," governmental entity must evaluate newspaper's content as well as proportion and diversity of subscribershipJC-0223
Number of potential suppliers available to sell products to a school district, whether reverse auction company’s procedures impermissibly limit the number is a fact question not appropriately answered by the opinion processGA-0705
Preparation of specifications for bid or contract, state agency may not accept bid or award contract in which former employee received salary, wages, or other compensation from the agency to participate inLO92-024
Procurement policies, board of trustees of independent school district may not incorporate into its competitive bidding policies specific criteria that are not authorized by statuteDM-0113
Purchase of surplus school buses valued in excess of $20,000, two independent school districts may not contract between themselves to purchase buses but must use competitive bidding process through General Services CommissionLO98-063
Sale of building located on a city street to a private entityGA-1084
School district award of construction contract under section 44.031 of Education Code, procedures applicable to (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))DM-0387
School district need not competitively bid contract for purchase of insurance, but generally must use one of specified purchasing methodsDM-0418
School district, purchasing methods for purchases valued at $25,000 or more in the aggregate for a twelve-month periodJC-0037
State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission forJC-0171
Total cost bid specifications, county may not combine purchase and later sale of the same piece of property into one transaction for competitive-bidding purposesJM-1248
Transfer public land to private party using industrial development corporation as an intermediary, city may notGA-0004
Unit-price contract may be subject to statutory competitive-bidding requirements if unit price multiplied by estimated quantity triggers the requirements (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990))JM-1243
University systems' board of regents may adopt a rule that establishes a dollar amount under which the university system may purchase printing services without competitive biddingGA-0438
Vehicles and equipment for sheriff's office, commissioners court rather than sheriff has discretion to set specifications forJC-0214
Airport property, county must sell or lease in compliance with public auction or, if applicable, sealed bid or sealed proposal requirementsLO95-066
Conditioning sale of gambling contraband on agreement to remove such property to jurisdiction in which the property’s use is not illegal GA-0533
Contracts for work performed and paid for by the day, restrictions on exemption forLO98-015
County auditor is not bound by advice or opinion of county attorney regarding the lawfulness of a claim against the countyGA-0604
County auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contractGA-0247
County Purchasing Act, contract awarded in violation of Act is not void but may be voided by a courtGA-0247
Court would likely conclude that Dallas County is not expressly authorized by Labor Code section 62.0515 to require a higher wage as a condition for a contract award under the County Purchasing Act.GA-1090
Culverts and road sign components, purchasing separately may violate competitive bidding lawsLO94-087
Delinquent taxes as debt for purpose of statute authorizing a county to adopt competitive bidding rules refusing to contract with or entering into a contract with a person indebted to the county GA-0518
Design/build contract for construction of public work, commissioners court may not award on basis of competitive bidding where architectural or engineering services are part of contractJM-1189
Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act authorizes county to requireJC-0521
Interest earned on motor vehicle inventory tax escrow accounts, purchases from fund not subject to County Purchasing ActJC-0149
Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirementsDM-0226
Phased purchase of concrete slab and pavilion structure, whether purchase violates County Purchasing Act is question of factGA-0604
Prebid conference, commissioners court is not authorized under County Purchasing Act to require bidders to attend mandatory prebid conference or to refuse to accept or open bids of bidders who fail to attendJC-0319
Prevailing wages, fringe benefits, and English proficiency, county may not specify as conditions for nonpublic works contracts subject to competitive bidding unless directly related to work to be doneJM-1215
Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases fromDM-0246
Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bidsDM-0246
Public works contract for construction of vehicle maintenance building, County Purchasing Act competitive bidding requirements applicable toJM-1220
Quantum meruit payments on contract awarded in violation of County Purchasing Act, commissioners court lacks authority to authorizeGA-0247
Ratification, commissioners court lacks authority to ratify contract awarded in violation of County Purchasing ActGA-0247
Spot purchase of supplies or materials, county may make without competitive bidding when the contractor obligated to meet county's requirements is unable to do soJM-1254
Whether the payment of higher wages is definitively and objectively related to the quality of services provided under a specific contract such that it can be included as an evaluation factor on competitive proposals submitted under section 262.030 of the County Purchasing Act requires a factual inquiry and is not a question that can be answered in the opinion process.GA-1090
Community development block grant funds, expenditure of subject to state competitive bidding lawsDM-0331
Competitive proposals, statutory requirements regarding do not apply to competitive proposal process authorized by other lawJC-0326
Excess or surplus insurance coverage, municipality's purchase of is not exempt from competitive bidding requirementsDM-0070
Minority business enterprises, municipal program to award public contracts to does not create an exemption to competitive biddingDM-0234
Performance bond on developer participation contract, necessity for competitive bidding when municipality does not requireLO95-010
Professional services exempt from competitive bidding, municipality has discretion to determine whether contract is forJC-0326
Reimbursement, if a municipal expenditure is subject to Local Government Code chapter 252, the city would be precluded from reimbursing a person for costs incurred for work not performed pursuant to a competitively bid contractGA-0305
Security guard contracts, city may not require bidders for to provide health insurance benefits to their employees because the requirement does not relate to the quality of security guard servicesJM-1213
Selection of "sole broker of record," municipality's selection of is not exempt from competitive bidding requirementsDM-0070
Tax increment fund is a municipal fund within the meaning of chapter 252 of the Local Government Code and chapter 252's competitive bidding requirements may apply to expenditures for the tax increment fundGA-0305
Temporary day labor agency to provide day laborers for city garbage collection service, exemption from competitive bidding statute for contract withJC-0281
Bidding preference, application of under section 2155.444, Government Code Bidding preference, remedies when bidder believes inappropriately appliedGA-0685
Catalogue purchasing procedures prevail over Texas Council on Purchasing from People with Disabilities mandatory purchasing program with respect to state agency computer purchasesDM-0496
Competitive bidding, as required by Government Code section 2155.063, may not be required for some investment decisions if they do not involve the purchase of or contract for goods or services. Contracts with investment managers and investment service providers will require competitive bidding, as those involve the purchase of or contract for services.GA-0998
Procurement of service providers for mental health and substance abuse programs administered by a designated local behavioral health authorityGA-1081
Procurement of service providers for mental health and substance abuse programs administered by the Department of State Health ServicesGA-1081
Reverse auction procedure does not constitute competitive biddingJC-0316
Rider that attempts to require competitive bidding on Dental Board contracts valued at less than $5,000 violates article III, section 35 of the Texas ConstitutionGA-0378
Telecommunications services, acquisition by General Services CommissionDM-0375
Texas bidder, meaning under section 2155.444 of the Government CodeGA-0685