Texas Attorney General Opinion: JC-492 Page: 6 of 9
9 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:
Mr. Felipe Alanis - Page 6
44.031(a)(5). See Tex. Att'y Gen. Op. No. JC-0037 (1999) at 9. Moreover, as we explain infra, the
statute providing for cooperative purchasing programs expressly includes school districts in its list
of local governments that may participate. See TEX. Loc. Gov'T CODE ANN. 271.101(2) (Vernon
1999).
Participating in a political subdivision corporation organized under section 304.001 of the
Local Government Code, by contrast, does not involve an interlocal contract as permitted by section
44.031 (a)(5) of the Education Code. Of the nine permissible purchasing methods listed in section
44.031, the only possible option we see is the interlocal contract listed in subsection (a)(5). See TEX.
EDUC. CODE ANN. 44.031 (a)(5) (Vernon Supp. 2002). We presume for the purpose of this opinion
that forming a political subdivision corporation involves the use of contracts between the
participating political subdivisions to, for example, establish dues or fees assessed for the purchase
of electricity. See TEX. LOC. Gov'T CODE ANN. 304.001(e) (Vernon Supp. 2002) (permitting
political subdivision corporation to assess dues, aggregation fees, or both). Nevertheless, section
44.031(a)(5) refers only to interlocal cooperation contracts entered under chapter 791 of the
Government Code. See Tex. Att'y Gen. Op. No. DM-418 (1996) at 2-3 n.2 (defining "interlocal
contract" in section 44.031 of the Education Code as one formed consistently with chapter 791 of
the Government Code); see also TEX. GOV'T CODE ANN. 791.003(2) (Vernon Supp. 2002)
(defining "interlocal contract" as "contract or agreement made under this chapter"). Under chapter
791, an interlocal cooperation contract may be only a contract between local governments to perform
a governmental function or service that "each party to the contract is authorized to perform
individually." Id. 791.011(c)(2); see also id. 791.011(a). Because a school district is not
individually authorized to perform the services of a political subdivision corporation, it does not
appear that a contract entered in the formation of a political subdivision corporation under section
304.001 of the Local Government Code is an interlocal contract permitted by chapter 791 of the
Government Code.
Third, in our opinion, a school district may not use a purchasing method provided by a statute
outside of the Education Code that is not expressly listed or included within those methods listed in
section 44.031 unless the statute explicitly permits school districts to do so. Section 44.031 provides
an exclusive list of "permissible purchasing methods for contracts over a certain aggregate yearly
value." Tex. Att'y Gen. Op. No. JC-0205 (2000) at 6. Section 44.031(e) further directs that chapter
44, subchapter B of that code "prevails over any other law relating to the purchasing of goods and
services" to the extent of any conflict. TEX. EDUC. CODE ANN. 44.031(e) (Vernon Supp. 2002).
For example, although a cooperative purchasing program created under chapter 271, subchapter F
of the Local Government Code is not expressly included in section 44.031 's list of permissible
purchasing methods, see Tex. Att'y Gen. Op. No. JC-0037 (1999) at 8, section 271.101 specifically
lists a school district as a type of local government that may participate. See TEX. Loc. Gov'T CODE
ANN. 271.101(2) (Vernon 1999). Section 271.102 of the Local Government Code authorizes a
"local government [to] participate in a cooperative purchasing program with another local
government or a local cooperative organization." Id. 271.102(a). Section 271.101(2) specifically
defines the term "local government" to include a "school district." Id. 271.101(2). In addition,(JC-0492)
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: JC-492, text, April 22, 2002; (https://texashistory.unt.edu/ark:/67531/metapth274802/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.