Texas

Texas Statutes

Government Code

Title 7. Intergovernmental Relations

Chapter 791. Interlocal Cooperation Contracts

Subchapter C. Specific Interlocal Contracting Authority

TEX. GOV’T CODE ANN. §791.003. Definitions

In this chapter:

(1) “Administrative functions” means functions normally associated with the routine operation of government, including tax assessment and collection, personnel services, purchasing, records management services, data processing, warehousing, equipment repair, and printing.

(2) “Interlocal contract” means a contract or agreement made under this chapter.

(3) “Governmental functions and services” means all or part of a function or service in any of the following areas:

(A) police protection and detention services;

(B) fire protection;

(C) streets, roads, and drainage;

(D) public health and welfare;

(E) parks and recreation;

(F) library and museum services;

(G) records center services;

(H) waste disposal;

(I) planning;

(J) engineering;

(K) administrative functions;

(L) public funds investment;

(M) comprehensive health care and hospital services; or

(N) other governmental functions in which the contracting parties are mutually interested.

(4) “Local government” means a:

(A) county, municipality, special district, junior college district, or other political subdivision of this state or another state;

(B) local government corporation created under Subchapter D, Chapter 431, Transportation Code;1

(C) political subdivision corporation created under Chapter 304, Local Government Code;

(D) local workforce development board created under Section 2308.253; or

(E) combination of two or more entities described by Paragraph (A), (B), (C), or (D).

(5) “Political subdivision” includes any corporate and political entity organized under state law.

TEX. GOV’T CODE ANN. §791.025. Contracts for Purchases

(a) A local government, including a council of governments, may agree with another local government or with the state or a state agency, including the comptroller, to purchase goods and services.

(b) A local government, including a council of governments, may agree with another local government, including a nonprofit corporation that is created and operated to provide one or more governmental functions and services, or with the state or a state agency, including the comptroller, to purchase goods and any services reasonably required for the installation, operation, or maintenance of the goods. This subsection does not apply to services provided by firefighters, police officers, or emergency medical personnel.

(c) A local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services.

(d) In this section, “council of governments” means a regional planning commission created under Chapter 391, Local Government Code.

TEX. GOV’T CODE ANN. §791.011. Contracting Authority; Terms

(a) A local government may contract or agree with another local government or a federally recognized Indian tribe, as listed by the United States secretary of the interior under 25 U.S.C. Section 479a-1, whose reservation is located within the boundaries of this state to perform governmental functions and services in accordance with this chapter.

(b) A party to an interlocal contract may contract with a:

(1) state agency, as that term is defined by Section 771.002; or

(2) similar agency of another state.

(b-1) A local government that is authorized to enter into an interlocal contract under this section may not contract with an Indian tribe that is not federally recognized or whose reservation is not located within the boundaries of this state.

(c) An interlocal contract may be to:

(1) study the feasibility of the performance of a governmental function or service by an interlocal contract; or

(2) provide a governmental function or service that each party to the contract is authorized to perform individually.

Title 8. Acquisition, Sale, or Lease of Property

Subtitle C. Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government

Chapter 271. Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments

TEX. LOC GOV’T CODE ANN. §271.101. Definitions.

In this subchapter:

(1) “Local cooperative organization” means an organization of governments established to provide local governments access to contracts with vendors for the purchase of materials, supplies, services, or equipment.

(2) “Local government” means a county, municipality, special district, school district, junior college district, regional planning commission, or other political subdivision of the state.

TEX. LOC GOV’T CODE ANN. §271.102. Cooperative Purchasing Program Participation.

(a) A local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state or another state.

(b) A local government that is participating in a cooperative purchasing program may sign an agreement with another participating local government or a local cooperative organization stating that the signing local government will:

(1) designate a person to act under the direction of, and on behalf of, that local government in all matters relating to the program;

(2) make payments to another participating local government or a local cooperative organization or directly to a vendor under a contract made under this subchapter, as provided in the agreement between the participating local governments or between a local government and a local cooperative organization;  and

(3) be responsible for a vendor’s compliance with provisions relating to the quality of items and terms of delivery, to the extent provided in the agreement between the participating local governments or between a local government and a local cooperative organization.

(c) A local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services.

Texas Constitution

Article 11. Municipal Corporations

Sec. 5. CITIES OF MORE THAN 5,000 POPULATION; ADOPTION OR AMENDMENT OF CHARTERS; TAXES; DEBT RESTRICTIONS.

(a) Cities having more than five thousand (5000) inhabitants may, by a majority vote of the qualified voters of said city, at an election held for that purpose, adopt or amend their charters. If the number of inhabitants of cities that have adopted or amended their charters under this section is reduced to five thousand (5000) or fewer, the cities still may amend their charters by a majority vote of the qualified voters of said city at an election held for that purpose. The adoption or amendment of charters is subject to such limitations as may be prescribed by the Legislature, and no charter or any ordinance passed under said charter shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State. Said cities may levy, assess and collect such taxes as may be authorized by law or by their charters; but no tax for any purpose shall ever be lawful for any one year, which shall exceed two and one-half per cent. of the taxable property of such city, and no debt shall ever be created by any city, unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and creating a sinking fund of at least two per cent. thereon, except as provided by Subsection (b). Furthermore, no city charter shall be altered, amended or repealed oftener than every two years.

(b) To increase efficiency and effectiveness to the greatest extent possible, the legislature may by general law authorize cities to enter into interlocal contracts with other cities or counties without meeting the assessment and sinking fund requirements under Subsection (a).

Texas Administrative Code

Title 34. Public Finance

Part 1. Comptroller of Public Accounts

Chapter 20. Texas Procurement and Support Services

TEX. ADMIN. CODE TIT. 34, §20.50                   Group Purchasing Programs

(a) A state agency may purchase materials, supplies, or equipment through group purchasing programs in accordance with this section.

(b) Before making a particular purchase through a group purchasing program that costs more than $100,000, a state agency must notify the commission in writing that the purchase is being considered. The notification must be signed by the chief purchasing officer for the state agency. The notification must include a complete description of the purchase, the vendor’s name, quantity and price information, the terms and conditions of the contract, and any other information required by the commission.

(c) If the commission determines that a better value is available through the commission, it will so inform the requesting state agency within ten working days after receipt of the notification. Upon receipt of information that a better value is available, the state agency shall utilize established purchasing procedures for the purchase including good faith effort compliance §§111.11-111.28 of this title (relating to Historically Underutilized Businesses). If the state agency does not receive such notification within ten working days, it may proceed with the purchase.

(d) A state agency participating in group purchasing programs shall adhere to the same ethical standards required of commission employees as set forth in §111.4 of this title (relating to Ethical Standards).

TEX. ADMIN. CODE TIT. 34, §20.126 Purchasing from Interstate Compacts and Cooperative Agreements

(a) Pursuant to Government Code, Section 2156.181, the TBPC may enter into compacts or cooperative purchasing agreements with one or more state governments, agencies of other states, or other governmental entities for the purchase of goods or services if the TBPC determines that entering into an agreement would be in the best interest of the state.

(b) Before entering into such compacts or cooperative purchasing agreements, the Director of Procurement shall present the proposal to the Executive Director for approval. The proposal must state why it is advantageous for the TBPC to authorize a compact or cooperative purchasing agreement with other states.