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Texas Education Code - Section 44.032. Enforcement Of Purchase Procedures: Criminal Penalties; Removal; Ineligibility

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 44.032. Enforcement Of Purchase Procedures: Criminal Penalties; Removal; Ineligibility

§ 44.032. ENFORCEMENT OF PURCHASE PROCEDURES:  CRIMINAL 
PENALTIES;  REMOVAL;  INELIGIBILITY.  (a) In this section:
		(1)  "Component purchases" means purchases of the 
component parts of an item that in normal purchasing practices 
would be purchased in one purchase.
		(2)  "Separate purchases" means purchases, made 
separately, of items that in normal purchasing practices would be 
purchased in one purchase.
		(3)  "Sequential purchases" means purchases, made over 
a period, of items that in normal purchasing practices would be 
purchased in one purchase.
	(b)  An officer, employee, or agent of a school district 
commits an offense if the person with criminal negligence makes or 
authorizes separate, sequential, or component purchases to avoid 
the requirements of Section 44.031(a) or (b).  An offense under this 
subsection is a Class B misdemeanor and is an offense involving 
moral turpitude.
	(c)  An officer, employee, or agent of a school district 
commits an offense if the person with criminal negligence violates 
Section 44.031(a) or (b) other than by conduct described by 
Subsection (b).  An offense under this subsection is a Class B 
misdemeanor and is an offense involving moral turpitude.
	(d)  An officer or employee of a school district commits an 
offense if the officer or employee knowingly violates Section 
44.031, other than by conduct described by Subsection (b) or (c).  
An offense under this subsection is a Class C misdemeanor.
	(e)  The final conviction of a person other than a trustee of 
a school district for an offense under Subsection (b) or (c) results 
in the immediate removal from office or employment of that person.  
A trustee who is convicted of an offense under this section is 
considered to have committed official misconduct for purposes of 
Chapter 87, Local Government Code, and is subject to removal as 
provided by that chapter and Section 24, Article V, Texas 
Constitution.  For four years after the date of the final 
conviction, the removed person is ineligible to be a candidate for 
or to be appointed or elected to a public office in this state, is 
ineligible to be employed by or act as an agent for the state or a 
political subdivision of the state, and is ineligible to receive 
any compensation through a contract with the state or a political 
subdivision of the state.  This subsection does not prohibit the 
payment of retirement benefits to the removed person or the payment 
of workers' compensation benefits to the removed person for an 
injury that occurred before the commission of the offense for which 
the person was removed.  This subsection does not make a person 
ineligible for an office for which the federal or state 
constitution prescribes exclusive eligibility requirements.
	(f)  A court may enjoin performance of a contract made in 
violation of this subchapter.  A county attorney, a district 
attorney, a criminal district attorney, a citizen of the county in 
which the school district is located, or any interested party may 
bring an action for an injunction.  A party who prevails in an 
action brought under this subsection is entitled to reasonable 
attorney's fees as approved by the court.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 1999, 76th Leg., ch. 1225, § 3, eff. Sept. 1, 
1999.

Last modified: August 10, 2007