Case Information
*1 The Attorney (General of Texas February 21. 1986
JIM MATTOX
Attorney General Bullding
Supreme Court Austin. TX 78711.254a [51214752501] Telex 9101874-1367 TekCOo*r 512/47w2SS P. 0. Box 1254S Texts Committee 00. hrchases of Hr. Gibson DuTtrroCL Chairperson 314 Eighland Mall Bwlsvard Products and of Blind Strriccs and Ssverely Disabled Persona Rt: Applicability opinion No. m-444 of the Eumtn Resources Code, counties. to hospital districts, and cities. school districts of chapter 122 Suite 258 which relates to the procurement Austin. Texas 787!i:! of the products or strvicts of 714 Jackson. Suite 700 Oalhe., TX. 75202-4508 disabled individuals 2t4il42.SQ44
Dear Mr. DuTtrroil: 4S24 Alberta Ave.. Sub 160
You ask about zht apparent conflict between a statute that allows El Paso. TX. 799052793 915/533-3184 political subdlvisioas to purchase products or strvlcts produced by
disabled persons without engaging iu competitive bidding and statutes thtt require certain political subdivisions to engage in competitive 1COt Texas. Suite 700 bidding. Hou+ton. TX. 77w2.3111 7131223.5886 Section 122.Olli of the Eumau Resources Code provides: W5 Bmadway. Suits 312 A prodilct msnufacturtd for salt to a political Lubbock. TX. 79401-3479 subdivision of this state or an offics or dtpart- Soa747%38 mcnt thereof shall be manufactured or produced
according ‘to specifications daveloped by the pur- 4MB N. Tenth. Suite B &tsar. Qolitical subdlvlslon of this state may YcAllm. TX. ?swl-les5 purchase products or rervicts for its use from 512aS2.4S47 private I~t~sintssts through Its authoriasd pur- chasing p~xtdurts, but may substitute equivalent products & ~trviccs produced by blind or other 200 M*in Plaza. Suite 400 San Antonio, TX. 7S205-2797 severely zlsabltd persons under the provisions of 512!225-4191 this chap;tr. Nothing in this chapter shall be
coastrutd%o require a nonprofit agency for blind or other &vtrtly disabled persons to engage in An Equal Opporlunityl bidding. (Emphasis added). Atllrmatlvo Action Employer compttit~~
Tou ask whether counties. cities, school districts, and hospital districts may purcha,se products or strvicts from the disabled without in compttirLvt bidding pursuant to section 122.014 even under engaging circumstances %n rbich other statutes require them to engage in competitive bidding.
In Attorney Geneera Opinion JR-385 (1985). we considered whether a county was requir,cd to comply with the competitive bidding procedure p. 2018
Fir. Gibson BuTerrol - Page 2 (Jt4-444)
set out In the County Purchasing Act, article 2368a. V.T.C.S.. before it could purchase goods or services from the disabled pursuant to section 122.014 of the Ruman Resources Code. Rtcaust specific statute6 prevail over general statutes on the same subject, we concluded that the specific exception from competitive bidding set out in section 122.014 of the Buman Resources Code prevailed over the general requirements of the County Purchasing Act when the county purchased goods or services f:rom the disabled.
The same reasoning apl)Mts to the other political subdivisions you ask about. General statutes require cities, hospitals, and school districts to engage in competitive bidding before they make certain purchases. V.T.C.S. art. 238a. r2 (cities); V.T.C.S. art. 44940, 134 (hospital districts); Educ. Code 121.901 (school districts). Those general statutes art inapplicable. however+ to a situation in which one of those subdivisions purchases goods or services pursuant to I. section 122.014 of the Buman Resources Code.
SUMMARY
General statute:8 that require counties, cities. hospital distrfctr;, and school districts to engage in competitive bidding in order to make certain purchases do not c.pply to purchases such political subdivisions make Ipursuant to section 122.014 of the &man Rtsourccs Code.
Very truly your J h
A
JIM MATTOX Attorney General of Texas JACR HIGRTOWRR
First Assistant Attorney GttLral
WARYKELLER
ExtcutP?t Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney General
RICR GILPIN
Chairman, opinion conmittet
Prepared by Sarah Wotlk
AssIstant Attorney General
p. 2019