Texas Attorney General Opinion: JM-1213 Page: 1 of 3
3 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
THE ATTORN EY GENvERAL
OF TEX AS
J ' 1 I Ar-rox August 30, 1990
>TTfRlN~EY GtENE EIRAL
Honorable Hugh Parmer Opinion No. JM-1213
Chairman
Intergovernmental Relations Re: Authority of a municipal-
Committee ity to require health benefit
Texas State Senate provisions to be included in
P. O. Box 12068 specifications for contract
Austin, Texas 78711 security guards (RQ-1991)
Dear Senator Parmer:
You ask whether the City of Houston can authorize
specifications requiring that the city's independent
contractors provide their employees with basic health
insurance benefits. We understand that the question relates
specifically to independent contractors providing security
guard services under contracts with the city. We also
understand that the city formerly employed its own security
guards and has ceased the practice. The city attorney's
office has rendered its opinion on the matter and concluded
that such a requirement would contravene competitive bidding
requirements. We agree.
Chapter 252 of the Local Government Code is the law
that governs city purchases. With certain exceptions that
do not appear to be relevant here, that chapter requires
that cities with 50,000 or more inhabitants let contracts
for amounts over $10,000 by means of competitive bidding.
Local Gov't Code 252.021(a). We are advised that the
Houston city charter contains a complementary provision.
Competitive bidding laws are designed to ensure that
the public receives "the best work and materials at the
lowest practicable price." Sterrett v. Bell, 240 S.W.2d
516, 520 (Tex. Civ. App. - Dallas 1951, no writ); see also,
Texas Hiqhwayv Comm'n v. Texas Ass'n of Steel Importers,
Inc., 372 S.W.2d 525, 527 (Tex. 1963). This end is achieved
by disallowance of specifications that are unrelated to the
quality or quantity of the goods or services or that
otherwise restrict competition. In Texas Highway
Commission, supra, the court determined that a highway
commission minute order requiring that construction materialp. 6418
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1213, text, August 30, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273651/m1/1/: accessed June 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.