Purchasing And Contracts

Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for

Crime restitution funds, collection under Code of Criminal Procedure art. 103.0031(a)(1)(A) when delinquent|Collection of delinquent crime restitution funds under Code of Criminal Procedure article 103.0031(a)(1)(A)

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

County real property, whether county commissioner may lease; relationship between chapter 171 of the Local Government Code and commissioner oath of office|Lease county real property, whether county commissioner may|Conflicts of Interest, whether county commissioner may lease county real property; relationship between chapter 171 of the Local Government Code and commissioner oath of office|Oath of office, whether county commissioner may lease county real property; relationship between chapter 171 of the Local Government Code and commissioner oath

County purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of offices|Purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of offices|Officer, purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of offices

County judge who owns a substantial interest in the business entity, business entity may sell fuel and oil products to the county only if has filed requisite affidavit and abstains from participation in the matter|Conflict of interest statute, business entity in which county judge owns a substantial interest may sell fuel and oil products to the county only if the county judge complies with

County-owned vehicles, county may not print advertisement for privately owned business on|Advertisement for privately owned business, county may not print on county owned vehicle in exchange for donation from the business or lease of space on the vehicle with the business|Donation

County airport land, procedures applicable to lease for airport purposes|Airport land, procedures applicable to lease for airport purposes|Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statute

Federal prisoners, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners in the county jail|County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners|Surplus federal property given as consideration for housing federal prisoners, title to would vest in the county rather than the sheriff, the jail, or the sheriff's department|Surplus federal property paid to county as consideration for housing federal prisoners would be included in county inventory and disposed of like any other county property|United States Marshals Service, sheriff is not authorized to contract with to house federal prisoners in the county jail

Land for burial of deceased paupers, authority of county to purchase and maintain|Burial of deceased paupers, authority of county to purchase and maintain land for|Deceased paupers, authority of county to purchase and maintain land for burial of

Quantum meruit payments on contract awarded in violation of County Purchasing Act, commissioners court lacks authority to authorize|Ratification, commissioners court lacks authority to ratify contract awarded in violation of County Purchasing Act|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 contract|County Purchasing Act, contract awarded in violation of Act is not void but may be voided by a court|Claims approval, 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 contract|Competitive bidding, 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 contract

County contract may not include term, such as a choice of law provision, that incorporates the law of another state that overrides or negates state statutes|Where a county has express authority to contract, it has implied authority to negotiate terms of the contract

Fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and costs|Collect justice-court fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and co

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

Use of county vehicles|Off-duty use of patrol vehicles, authority to permit

Contraband, sale by county|Conditioning sale of gambling contraband on agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n |Authority of commissioners court to condition sale of seized gambling contraband on bidder’s agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n\r\n

Clinic in adjacent county, a county operating a hospital under Health and Safety Code chapter 263 may acquire if commissioners court determines the acquisition is necessary for hospital purposes

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

Justice Court Technology Fund may not be used for constable education and training|Purchase of computer from Justice Court Technology Fund, whether purchase for constable serves as technological enhancement for justice court is fact question to be determined by commissioners court

Gifts and donations, district attorneys generally lack authority to accept|Gifts and donations to compensate district attorney's employees, commissioners court's authority to accept

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

Venue project, Terrell County may not borrow money to pay to construct|Venue project, Terrell County may not borrow money

County pruchase and resale of construction or other heavy equipment, applicability of competitive bidding statutes

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

Lease of county property under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section|County property leased under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section

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

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

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

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

A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roads|Local Government Code section 81.032, commissioners court has broad discretion to accept donations of money with reasonable conditions attached when doing so would further the county\\'s road building and maintenance duties, under

Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a \\"groundwater right\\" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issue

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.

Contract that must be competitively bid under the County Purchasing Act, readvertisement for bids is required for unlimited number of times where county receives no bids on

Jail commissary accounts, county auditor is authorized to review even when maintained by private operator|Jail commissary accounts, county auditor is authorized to review|Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for|Benefit of inmates, funds received by sheriff that are attributable to operation of jail commissary are to be used for|Jail commissary, proceeds from are to be used for benefit of inmates

Medical services for county jail inmates, commissioners court has authority to contract with physician to provide|Medical services for county jail inmates, sheriff does not have authority to contract with physician to provide but may schedule|Medical services for inmates, commissioners court has authority to contract with physician to provide but sheriff may schedule

Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirements|Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policy

Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made from|Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bids|Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases from

Automated information systems, purchase by local governments through state catalogue purchasing procedure

Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over|Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court

Claims, procedures for payment of|Ministerial payroll preparation and claim processing functions that legislature has not assigned to specific county officer, commissioners court may delegate to auditor|Duties assigned by legislature are treasurer's core functions that commissioners court may not delegate to another officer|Payroll preparation and claim processing function that legislature has not assigned to specific county officer, court's authority to delegate

Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zone|County tax abatement agreement, authority to amend by deleting land from reinvestment zone|Area|Zone

Hold and save harmless provision requiring county to indemnify another party for damages, application of restrictions on county debt|Hold and save harmless provision requiring county to indemnify another party for damages, application of constitutional restrictions on county debt|Hold and save harmless provision requiring county to indemnify U.S. Army Corps of Engineers for damages, application of constitutional restrictions on county debt

Consultation services contract with municipality, absent statutory authorization a county attorney in official capacity may not enter into|Ancillary legal services to county for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Professional Prosecutors Act, county attorney covered by may not contract in private capacity to provide consultation services to municipality for fee|Ancillary legal services for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Consultation services to municipality for fee, county attorney subject to Professional Prosecutors Act may not contract in private capacity to provide

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

Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to in absence of a contract if court determines the grant is constitutional|Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to if court determines the grant is constitutional

Lobbyist, commissioners court may use county funds to hire to lobby legislature

Grants for economic development, authority of county commissioners court to make|Economic development grants that are the economic equivalent of a tax abatement, authority of county to make

Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize purchase by precinct employees; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporati|Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize precinct employees to; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in whi|Road commissioner, county commissioner in his or her capacity as ex officio may not purchase, authorize purchase of, or participate in decision to purchase auto parts from corporation in which he or she owns a substantial interest|Road commissioner may not purchase or authorize purchase, nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in which commissioner has substantial interest

Surplus property, county lacks authority to exchange for non-monetary consideration|Sell

Jail commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, sheriff need not competitively procure purchases from|Control

Ambulance service, exemption from competitive bidding requirement by commissioners court after it has requested and rejected bids|Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bids|Rescind or modify orders and decisions, authority of commissioners court to|Exemption of ambulance service contract from competitive bidding requirement by order of commissioners court after it has requested and rejected bids

Local government corporation not subject to competitive bidding requirements applicable to county or city that created it|Local government corporation created by county and funded with county funds not subject to competitive bidding requirements of County Purchasing Act|Local government corporation created by county not subject to competitive bidding requirements of County Purchasing Act

Commissioners court's authority to hire persons to perform purchasing functions|Purchasing Agent, commissioners court's authority to appoint|Employees, implied authority to hire|Employees to perform purchasing duties, court's authority to hire|Purchasing agent, authority to appoint|Term of office, beginning date|Appointment, failure to set salary as affecting validity of|Commissioners court's authority to appoint

Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court may be charged with a violation of the Act, but only if the person aids or assists a member or members who knowingly act to violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place an item on agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place item on an agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act criminal provisions, liability of a person who is not a member of the governmental body

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 attend

Nonprofit organization, county may not transfer public funds to in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac|County funds, county may not transfer to nonprofit organization in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac

Delinquent taxes, attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to taxing unit|Donations, statutory authority of county to accept|Attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to county|Delinquent taxes, attorney who contracts to collect under section 6.30 of Tax Code may not donate part of compensation under section 33.07 of Tax Code to taxing unit

Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court order

Professional Services Procurement Act authorizes a county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|County contracts, County Purchasing Act and Professional Services Procurement Act authorize county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act authorizes county to require|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act and Professional Services Procurement Act authorize county to require

Commissioners court approval of commissioner's expenditures, statute requiring such approval if a person other than incumbent commissioner is elected to office applies after a person other than the incumbent commissioner has been elected to the office in

Lease of county property to museum, whether county's agreement to pay certain museum expenses and to lease property for $1 comports with article III, section 52|Debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7|Museum, authority of county to acquire property by deed for purpose of operating as a museum, to lease property as a museum, and to agree to pay certain museum expenses for a fifty-year term|Lease of county property to a museum, whether county must lease pursuant to competitive procedures|County debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7 of the Texas Constitution

Interpreters, a court clerk who merely converses with a defendant in a language other than English does not act as a court interpreter and does not commit an offense under chapter 57 of the Government Code|Interpreters, if there is no interpreter licensed to interpret in a particular language under chapter 57 of the Government Code, the appointment of an unlicensed person may be within a court's inherent power|Interpreters for defendants who do not speak English, chapter 57 of the Government Code establishes qualifications for spoken-language interpreters appointed in criminal cases under the authority of article 38.30 of the Code of Criminal Procedure|Interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, the licensing provisions of Government Code chapter 57 do not affect a court's authority under the Rules of Civil Procedure and the Civil Practice and Remedies Code to fix an interpreter's compensation and to direct how an interpreter

Resale of property purchased at tax sale, county may conduct private

A county’s payment of an amount owed under a contract for services required by that contract does not violate Texas Constitution article III, section 53, nor is an amended contract supported by sufficient additional consideration in violation of that constitutional prohibition.

Determination of threshold point triggering bidding requirements of County Purchasing Act

County compliance with Local Government Code competitive bidding procedures before renewing or extending a county facility management contract

Authority of a county to use tax revenue to pay a supplement to a hospital district in the county.

Code of Criminal Procedure article 103.0031 generally permits a county or a municipality to enter into a third-party collection contract to recover money owed on certain items in criminal cases, including forfeited bonds. The reference to a non-existent “section” in Code of Criminal Procedure article 103.0031(h), providing that “[t]his section does not apply to commercial bail bonds,” is a scrivener’s error that creates an absurdity, such that a court would likely construe its exception to refer to article 103.0031.

A court would likely conclude that attorney sureties execute “commercial bail bonds” to the extent they sell their bonding services for a fee or commission. As such, article 103.0031(h) would prohibit a commissioners court from entering into a third-party contract for collection services on forfeited attorney surety bail bonds. Instead, forfeited attorney surety bonds would be collected by district and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace pursuant to Code of Criminal Procedure article 103.003(a).
 

A volunteer fire department is not a political subdivision for purposes of a county land exchange under Local Government Code subsection 263.006(e).