Texas Attorney General Opinion: LA-35 Page: 2 of 3
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Honorable David Finney, page 2 (LA No. 35)
and other departments of the government,
except the Judicial Department, shall be
furnished, and the printing and binding of
the laws, journals, and department reports,
and all other printing and binding and the
repairing and furnishing the halls and rooms
used for the meetings of the Legislature and
its committees, shall be performed under
contract, to be given to the lowest responsi-
ble bidder, below such maximum price, and
under such regulations, as shall be pre-
scribed by law. No member or office shall
be in any way interested in such contracts;
and all such contracts shall be subject to the
approval of the Governor, Secretary of State
and Comptroller,"
This constitutional requirement will not permit the creation of small
business set-asides as to those items which the Constitution requires
"be performed under contract, to be given to the lowest responsible
bidder, " since such restriction could well result in the exclusion from
participation of the lowest responsible bidder.
As to other items, the Legislature retains the power to contract
and regulate contracts. It is therefore our opinion that, except as to
those items governed by Article 16, Section 21, Texas Constitution,
the proposed bill does not contravene the Texas Constitution.
Texas National Guard Armory Board v. McCraw, 126 S. W. 2d
627 (Tex. 1939); Rhoads Drilling Co. et al v. Allred, 70 S. W. 2d 576
(Tex. t934); Charles Scribner's Sons v. Marrs, 262 S. W. 722 (Tex.
1924); Contey v. Daughters of the Republic, 156 S. W. 197 (Tex. 1913);
81 C, J. S., States, Sections 112, 116; 64 Am. Jur, 2d, Public Works and
Contracts, Section 34; 52 Tex. Jur. 2d, State of Texas, Section 31.
ery truly yours,
JOHN L. HILL
Attorney General of Texasp. 93
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LA-35, text, May 16, 1973; (https://texashistory.unt.edu/ark:/67531/metapth276078/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.