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Public Contracts

Summaries

KP-0063
Ken Paxton

Delegation of authority by water control and improvement district n a facilities operating agreement

KP-0106
Ken Paxton

Texas Facilities Commission's authority to exercise lease renewal options for agency office space

KP-0166
Ken Paxton

Interlocal cooperation contract under Government Code chapter 791 - School district may not operate its transportation system outside its geographic boundaries absent a chapter 791 interlocal cooperation contract|School district may not operate its transportation system outside its geographic boundaries absent an interlocal cooperation contract under Government Code chapter 791

KP-0203
Ken Paxton

County clerks and commissioners court have concurrent authority to collect certain payables under Code of Criminal Procedure article 103.003|Commissioners court authority to establish and supervise county collections department and delegate collection of money to private collections firm|Contract between commissioners court and private collections firm to collect money owed to the county

KP-0225
Ken Paxton

Applicability of Education Code section 44.043 to school district procurement efforts|School district's consideration of a vendor or person's relationship with a charter school in its procurement efforts under Education Code section 44.043

GA-0029
Greg Abbott

"Civil liability" in section 791.006 of Government Code relating to interlocal cooperation contracts to furnish or obtain fire department services, meaning of|Interlocal cooperation contracts to furnish or obtain fire department services, civil liability under section 791.006 of Government Code relating to |Civil liability

GA-0030
Greg Abbott

Appraisal district budget, allocation of expenses between appraisal and collection functions|Tax appraisal district, provision of assistance and oversight to|Tax appraisal district's costs for tax assessment or collection under contract are paid pursuant to Interlocal Cooperation Act

GA-0070
Greg Abbott

Thermal energy plant built for a building complex is a "facility" under subchapter H, chapter 271 of the Local Government Code|Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government Code|Jail facility, a county does not have implied authority to enter into a sale and leaseback of property to acquire a thermal energy plant in connection with a|Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into a|Facility|Civil engineering

GA-0100
Greg Abbott

Including|Conservation measure|Energy savings performance contract, school district may enter only in accordance with Education Code section 44.901|Energy savings performance contract, whether particular is contract for services is fact question

GA-0122
Greg Abbott

Forfeited property, an attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property subject to administration under article 59.06(a) of the Code of Criminal Procedure is state property|Forfeited property, property forfeited under chapter 59 of the Texas Code of Criminal Procedure is generally exempt from ad valorem taxation. If exempt, the attorney representing the state need not apply for an exemption for it to be effective|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 procedures|Forfeited property, attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property, an attorney representing the state may lease forfeited property only if the lease is consistent with the local agreement and with the attorney's statutory duties to ultimately dispose of property by sale or transfer and distribute any

GA-0147
Greg Abbott

Collection contract between county or municipality and private attorney or vendor to collect overdue court costs and fines, allocation of money collected under|Fines and costs, allocation when justice orders a defendant to pay in installments but defendant does not pay total amount due

GA-0176
Greg Abbott

Indemnification clause in county contract with appraisal district to provide 9-1-1 services, validity of|Indemnification clause in public contract, debt created by|Immunity of public agencies with respect to providing 9-1-1 services

GA-0266
Greg Abbott

Request for offer that was subsequently cancelled, information submitted in response to is subject to the Public Information Act|Information submitted in response to a request for offer that was subsequently cancelled, a state agency must retain consistently with the agency's record retention schedule|Record retention schedule, a state agency must retain information submitted in response to a request for offer that was subsequently cancelled consistently with|Information submitted in response to a request for offer that was subsequently cancelled, the Department must retain consistently with its record retention schedule and is subject to the Public Information Act

GA-0352
Greg Abbott

Governing body approval under the Interlocal Cooperation Act, governing body is required to authorize an interlocal contract according to the same statutes and procedures applicable to its contracting authority generally|Statutes governing a particular entity's contracting authority determine whether an entity's governing body may delegate authority to approve an interlocal contract|Municipally owned electric utility, the Interlocal Cooperation Act authorizes the governing body to establish procedures for entering into interlocal contracts that do not exceed $100,000 without requiring the approval of the governing body and necessarily permits delegation of such authority|Municipally owned electric utility governing body may not delegate approval of interlocal contracts that exceed $100,000

GA-0383
Greg Abbott

Quantum meruit, a commissioners court may not award such damages for the reasonable value of benefits received under an implied contract unless the county auditor has approved the claim|Quantum meruit, a county commissioners court may not award such damages for the reasonable value of benefits received under an implied contract unless the county auditor has approved the claim

GA-0438
Greg Abbott

Purchase printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may|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 bidding|Printing services without competitive bidding, article XVI, section 21 of the Texas Constitution does not prohibit the boards of regents of The University of Texas System and The Texas A&M University System from adopting a rule that establishes a dollar amount under which the university system may procure|Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procure|Printing services without competitive bidding, the board of regents may establish a dollar amount under which the university system may procure|Open market contract|Under such regulations as may be prescribed by law

GA-0446
Greg Abbott

Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply to|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176 of the Local Government Code|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of the Local Government code, local governmental entity has no affirmative duty to|Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code is|Business relationship requiring disclosure under chapter 176 of Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of Local Government Code apply to|Absent business relationship or affiliation, person subject to chapter 176 of Local Government Code must file conflict of interest questionnaire even though|Family member of local government officer, person subject to chapter 176 of Local Government Code must comply with its disclosure requirements even if a|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176, Local Government Code|Mere adoption of list of various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "describe" the required relationships and affiliations and therefore does not comply with chapter 176 |Providing incomplete list of the various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "identify and describe" all of the required relationships and affiliations and therefore does not comply with chapter 176|Chapter 176 of Local Government Code, contract with local governmental entity is not void because person failed to comply with disclosure requirements of|Existing contracts with local governmental entity, chapter 176 of Local Government Code does not include|Goods and services at reduced prices, chapter 176 of Local Government Code includes contracts offering|Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty to|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of Local Government Code, local governmental entity has not affirmative duty to |Disclosure requirements of chapter 176 of Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of Local Government Code is|Contracts or seeks to contract|Business relationship|Affiliation|Or

GA-0472
Greg Abbott

Hospital district, ambulance service, whether required to provide|Hospital district, physician contract|Ambulance service, whether required to provide|Physician contract|Hospital district, physician services contract|Closed meeting, attorney exception|Closed meeting, economic development exception|Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to

GA-0476
Greg Abbott

Substitute care and case management service providers, authority of governmental entities to serve as

GA-0500
Greg Abbott

School district, federal school nutrition program, food service management contract, delegation of authority|Contracts, federal nutrition program, food service management company, delegation of authority\r\n

GA-0553
Greg Abbott

Conveyance of public money or thing of value, authority of counties to contractually provide county law enforcement services to a nongovernmental association|Non-delegation, authority of counties to contractually provide county law enforcement services to a nongovernmental association|Law enforcement services, county's authority to contractually provide law enforcement services to a nongovernmental association|County's authority to contractually provide law enforcement services to a nongovernmental association

GA-0567
Greg Abbott

Insurance services to a state university, a member of the Legislature not not provide unless authorized by the Texas Constitution and statutes|Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutes|Member of the Legislature does not include person yet to be elected to the Legislature|Member of the Legislature, an interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the|Member of the Legislature, interest under Texas Constitution article III, section 18 must be more than the general interest shared by the public; it must be one that involves gain or loss specific to the |Individuals not yet elected to the Legislature, the constitutional prohibition in article III, section 18 does not bar contracts with|Provide insurance services to a state university, a legislator may not provide unless authorized under the Texas Constituion and statutes|Legislator's business or employment activities, questions about the propriety of such activities under chapter 572 of the Government Code are generally not appropriate for the opinion process

GA-0583
Greg Abbott

Conveyance of thing of value, authority of county to purchase and then lease generator to a radio station|County authority to purchase and then lease generator to a radio station

GA-0616
Greg Abbott

County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from

GA-0637
Greg Abbott

School district is not required to pay impact fee imposed by political subdivision unless board consents to such payment by entering into contract with political subdivision|Impact fee imposed by political subdivision, school district is not required to pay unless board consents to such payment by entering into contract with political subdivision

GA-0671
Greg Abbott

Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of office

GA-0685
Greg Abbott

Texas bidder, meaning under section 2155.444 of the Government Code|Bidding preference, application of under section 2155.444, Government Code\r\n\r\nBidding preference, remedies when bidder believes inappropriately applied|Texas bidder, meaning under section 2155.444, Government Code\r\n \r\nBidding preference, application of under section 2155.444, Government Code\r\n\r\nBidding preference, remedies when bidder believes inappropriately applied

GA-0724
Greg Abbott

Ad valorem taxes, contract between a municipal governing body and another taxing unit or an appraisal district board to collect, \r\n \r\n|Municipal governing body may contract under Intergovernmental Contract Act for collection of assessments imposed under Public Improvement District Assessment Act with another local government with authority to collect assessments|Assessment on property to finance public improvement is not an ad valorem tax|Contract to collect taxes under Tax Code section 6.24 applies to ad valorem taxes, not to assessments for public improvements|Assessment, ad valorem tax\r\n|Assessment, to finance public improvement\r\n|Special assessment|Ad valorem tax|Assessment for public improvements, contract under Intergovernmental Contract Act between municipality and another local government to collect assessment under Public Improvement District Assessment Act

GA-0760
Greg Abbott

County jail, authority of sheriff to accept fee from private organization that contracts with sheriff's county to operate|Contract to operate county jail, authority of sheriff to accept fee from private organization

GA-0770
Greg Abbott

Utility company contracting with a county to collect the fees for the county’s solid waste disposal under Subsection 364.034(d)(2), Health and Safety Code, is authorized to suspend its own utility service for nonpayment of the county’s solid waste disposal fee

GA-0782
Greg Abbott

Selection of a company as a construction manager-at-risk if a related company has been selected as the design engineer that will also perform the inspection, testing, and verification services necessary for acceptance of the project

GA-0858
Greg Abbott

Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion Committee|Project labor agreement

GA-0917
Greg Abbott

Duties relating to the issuance of driver’s licenses and personal identification certificates, Department of Public Safety may not delegate such duties to county tax assessor-collector nor may a county participate in such a program|Driver’s licenses and personal identification certificates, Department may not delegate to county tax assessor-collector its duties relating to the issuance of, nor may a county participate in such a program

GA-0938
Greg Abbott

Constable may not provide law enforcement services for a fee to private property owners association outside constable\\'s precinct under section 351.061 Local Government Code

GA-0945
Greg Abbott

Sale and lease back of hospital facility, Hospital District’s authority to

GA-0958
Greg Abbott

County school land, authority of commissioners court to accept lease requiring lessee to make expenditures for land management and maintenance

GA-0959
Greg Abbott

Municipality may sell its utility system to a river authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government Code|River authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government Code; municipality may sell its utility system to a

GA-1014
Greg Abbott

Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the|Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept|Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the|Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept|Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants or donations for the

GA-1028
Greg Abbott

Job order contracting method of procurement, authority of Metropolitan Transit Authority of Harris County to use

GA-1090
Greg Abbott

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.|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.

DM-0025
Dan Morales

Locality in which work performed, for purpose of prevailing wage statute generally refers to political subdivision most nearly corresponding to location of work | Prevailing wage determination within discretion of governmental body authorizing or contracting for work | Locality in which work is performed

DM-0088
Dan Morales

Payment, statute requiring state agencies and political subdivisions to pay vendors within certain time limitations applies to construction contracts

DM-0165
Dan Morales

Corporate sureties, whether school district may establish their own standards for financial solvency of

DM-0242
Dan Morales

Construction work performed by school district employees not subject to competitive bidding statutes|School district may "act as its own general contractor" in letting bids for renovation and remodeling projects

DM-0254
Dan Morales

Corporate surety, unincorporated association insurance carrier may not serve as

DM-0300
Dan Morales

Hiring contractor, state university does not function as when it hires private entity to engage in building or construction work|Workers compensation certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractor|University does not act as "hiring contractor" when it hires private entity to engage in building or construction work|Hiring contractor|General contractor|Certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractor

DM-0335
Dan Morales

Contract for educational services provided to school district by public or private entities, application of statutory requirements imposed on school districts|Educational services provided to school district by public or private entities under contract, application of statutory requirements imposed on school districts

DM-0375
Dan Morales

State agencies' acquisition of telecommunications services using catalogue purchase procedure|Telecommunications services, acquisition using catalogue purchase procedure|Catalogue purchase procedure, General Services Commission acquisition of telecommunications services|Telecommunications services, acquisition by General Services Commission using catalogue purchase procedure|Telecommunications services, acquisition by General Services Commission

DM-0379
Dan Morales

Medicaid contracts, whether health care providers must submit statements regarding child support|Child support, whether state Medicaid providers must submit statements regarding|Medicaid contracts, whether health care providers must submit statements regarding child support delinquency|State Medicaid contracts, whether health care providers must submit statements regarding child support|Child support delinquency, whether state Medicaid providers must submit statements regarding

DM-0418
Dan Morales

Insurance coverage, school district's purchase of; length of contract; aggregation; third-party administration|School district need not competitively bid contract for purchase of insurance, but generally must use one of specified purchasing methods|School district's purchase of, process; length of contract; aggregation; third-party administration

DM-0469
Dan Morales

Craft or type of worker not listed in public work contract, contractor may hire only if public body has approved the hiring and has determined the prevailing wage rate in advance|Judicial remedy for violation of chapter 2258 of the Government Code available only where public body has determined contractor has violated law but has not withheld enough money from the contractor to make the aggrieved worker whole|Public work contract to remodel university building, applicability of chapter 2258 of the Government Code to|Public work contract, contractor generally must pay no less than prevailing wage rate to workers on project|Public work contract, contractor may hire craft or type of worker not listed in contract only if public body has approved the hiring and has determined the prevailing wage rate in advance|Public work contract, judicial remedy for violation of chapter 2258 of the Government Code|Public-work contract, worker may be paid different wage rates if he or she performs different jobs

JC-0037
John Cornyn

School district, interlocal contract executed on behalf of need not be awarded on basis of competitive procurement methods|Purchasing method, for purchases valued at $25,000 or more in the aggregate for a twelve-month period, a school district must select the one that will provide best value|School district, purchasing methods for purchases valued at $25,000 or more in the aggregate for a twelve-month period|School district may select purchasing method, including design/build contract or competitive bidding, that provides best value

JC-0060
John Cornyn

Open Meetings Act, evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to|Evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to Open Meetings Act

JC-0071
John Cornyn

Autopsy, county of decedent's residence may not contract to conduct or pay for if death occurred in neighboring county hospital|Autopsy, county of decedent's residence may not enter interlocal cooperation contract to conduct or pay for if death occurred in neighboring county hospital|Autopsy of resident who dies in neighboring county hospital, county of residence may not contract to conduct or pay for

JC-0127
John Cornyn

Bond proceeds, use for legal fees for arbitration of construction contract|Arbitration expenses, use of bond proceeds for contract-related|Arbitration of construction contract, use of proceeds for legal fees for

JC-0132
John Cornyn

Oral contract on behalf of state, officer or employee may not enter into unless authorized to do so by Texas Constitution or by statute

JC-0153
John Cornyn

Words "forced to sign under threat, duress, and coercion" or "non assumpsit to the contents of this document" written under person's signature on state document may indicate that the person signing has not agreed to terms of document, and consequently tha

JC-0263
John Cornyn

General law enforcement services to another county, sheriff may not provide in absence of commissioners court approval|Training, sheriff may determine what is appropriate for his deputies, and where, and under what circumstances, it is provided

JC-0273
John Cornyn

Exemption of assessor-collector from registration requirements of Board, statutory scheme for precludes assessor-collector from engaging in property tax collection|Collection of property taxes by appraisal district or other taxing unit rather than assessor-collector, interlocal contract for must include collection of motor vehicle inventory tax|Interlocal contract for collection of property taxes by appraisal district or other taxing unit rather than assessor-collector must include collection of motor vehicle inventory tax|Motor vehicle inventory tax prepayments, receipt of by collector constitutes collection of taxes|Exemption of assessor-collector from registration requirements of Board of Tax Professional Examiners, statutory scheme for precludes assessor-collector from engaging in property tax collection

JC-0288
John Cornyn

Private roads in municipality, commissioners court may not enter into interlocal contract to maintain|Interlocal contract to maintain private roads in municipality, commissioners court may not enter into

JC-0315
John Cornyn

Historically underutilized business participation goal, Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward|Historically underutilized business participation goal, Commission may count a lottery vendor's contracts with a broker or "pass-through" entity toward

JC-0354
John Cornyn

Automatically renew contract for loading and unloading services, navigation district may limit the number of times it will consent to

JC-0374
John Cornyn

Professional Services Procurement Act applies to services obtained by prime contractor that are a component part of a governmental contract|Professional Services Procurement Act does not require professional to determine whether potential contract subject to Act's competitive bidding prohibition|Professional Services Procurement Act compliance standards, scope of Board rule prohibiting land surveyor from submitting competitive bid to a governmental entity

JC-0395
John Cornyn

District attorney is not authorized to bind county by signing multi-year contract binding expenditures of county funds allocated to district attorney for office expenses|Contract binding expenditures of county funds allocated to district attorney for office expenses, district attorney is not authorized to bind county by signing multi-year contract