SUBCHAPTER A PUBLIC PROPERTY FINANCE ACT
- Texas Section 271.001 - Short Title
This subchapter may be cited as the Public Property Finance Act. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
- Texas Section 271.002 - Purpose
(a) The legislature finds that the purchase or other acquisition or the use of property by governmental agencies and the financing of those activities are...
- Texas Section 271.003 - Definitions
In this subchapter: (1) "Conservation and reclamation district" means a district or authority organized or operating under Article III, Section 52, or Article XVI, Section...
- Texas Section 271.004 - Real Property And Improvements For School Districts
(a) The board of trustees of a school district may execute, perform, and make payments under a contract under this Act for the use or...
- Texas Section 271.005 - Authority To Contract For Personal Property
(a) The governing body of a governmental agency may execute, perform, and make payments under a contract with any person for the use or the...
- Texas Section 271.006 - Compliance With Other Requirements
(a) In entering into the contract, a municipality must comply with the requirements of Chapter 252 and a county must comply with the requirements of...
- Texas Section 271.0065 - Additional Competitive Procedures
(a) In any procedure for competitive bidding under this subchapter, the governing body shall provide all bidders with the opportunity to bid on the same...
- Texas Section 271.007 - Approved And Registered Contract
(a) If the governing body approves the contract and the contract provides for the payment of an aggregate amount of $100,000 or more, the governing...
- Texas Section 271.008 - Authorized Investments
The contract is a legal and authorized investment for: (1) banks, savings banks, trust companies, and savings and loan associations; (2) insurance companies; (3) fiduciaries...
SUBCHAPTER B COMPETITIVE BIDDING ON CERTAIN PUBLIC WORKS CONTRACTS
- Texas Section 271.009 - Term Of Contract
The contract may be for any term not to exceed 25 years. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
- Texas Section 271.021 - Definitions
In this subchapter: (1) "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one...
- Texas Section 271.022 - Exempt Contract
This subchapter does not affect a contract required to be awarded under Subchapter A, Chapter 2254, Government Code. Acts 1987, 70th Leg., ch. 149, Sec....
- Texas Section 271.023 - Conflict Of Laws
To the extent of any conflict, the provisions of Subchapter B, Chapter 44, Education Code, relating to the purchase of goods and services under contract...
- Texas Section 271.024 - Competitive Procurement Procedure Applicable To Contract
If a governmental entity is required by statute to award a contract for the construction, repair, or renovation of a structure, road, highway, or other...
- Texas Section 271.0245 - Additional Competitive Procedures
(a) In the procedure for competitive bidding under this subchapter, the governing body of the governmental entity shall provide all bidders with the opportunity to...
- Texas Section 271.025 - Advertisement For Bids
(a) The governmental entity must advertise for bids. The advertisement for bids must include a notice that: (1) describes the work; (2) states the location...
- Texas Section 271.026 - Opening Of Bids
(a) Bids may be opened only by the governing body of the governmental entity at a public meeting or by an officer or employee of...
- Texas Section 271.027 - Award Of Contract
(a) The governmental entity is entitled to reject any and all bids. (b) The contract must be awarded to the lowest responsible bidder, but the...
- Texas Section 271.0275 - Safety Record Of Bidder Considered
In determining who is a responsible bidder, the governmental entity may take into account the safety record of the bidder, of the firm, corporation, partnership,...
- Texas Section 271.028 - Effect Of Noncompliance
A contract awarded in violation of this subchapter is void. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C CERTIFICATE OF OBLIGATION ACT
- Texas Section 271.029 - Criminal Penalties
(a) An officer or employee of a governmental entity commits an offense if the officer or employee intentionally or knowingly makes or authorizes separate, sequential,...
- Texas Section 271.041 - Short Title
This subchapter may be cited as the Certificate of Obligation Act of 1971. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
- Texas Section 271.042 - Purpose; Conflict
(a) It is the purpose of this subchapter to provide: (1) a procedure for certain financing that is an alternative to the more cumbersome procedure...
- Texas Section 271.043 - Definitions
In this subchapter: (1) "Bond funds" means money received from the sale of bonds by the issuer. (2) "Certificate" means a certificate of obligation authorized...
- Texas Section 271.044 - Subchapter Available To Certain Municipalities
(a) A municipality may use this subchapter only if the municipality: (1) is incorporated under the home-rule amendment to the constitution (Article XI, Section 5,...
- Texas Section 271.045 - Purposes For Which Certificates May Be Authorized
(a) The governing body of an issuer may authorize certificates to pay a contractual obligation to be incurred for the: (1) construction of any public...
- Texas Section 271.046 - Additional Purposes For Certificates
(a) Certificates may be issued for the payment of contractual obligations to be incurred in: (1) constructing or equipping a jail; (2) constructing, renovating, or...
- Texas Section 271.0461 - Additional Purpose For Certificates: Demolition Of Dangerous Structures Or Restoration Of Historic Structures
Certificates may be issued by any municipality for the payment of contractual obligations to be incurred in demolishing dangerous structures or restoring historic structures and...
- Texas Section 271.047 - Authorization Of Certificates By Ordinance Or Order; Other Provisions In Certificates
(a) Certificates may be authorized by an ordinance adopted by the governing body of a municipality, or by an order adopted by the governing body...
- Texas Section 271.048 - Claims And Accounts; Funding And Exchange
(a) A governing body may provide that claims and accounts may, after certificates are authorized, be incurred for authorized purposes and that the claims and...
- Texas Section 271.049 - Notice Of Intention To Issue Certificates; Petition And Election
(a) Regardless of the sources of payment of certificates, certificates may not be issued unless the issuer publishes notice of its intention to issue the...
- Texas Section 271.050 - Sale Of Certificates
(a) The governing body may sell for cash any certificates authorized to be issued for one or more purposes described by Section 271.056. (b) The...
- Texas Section 271.051 - Certificates As Investments Or As Security For Deposits
(a) Certificates approved by the attorney general are legal and authorized investments for: (1) banks, savings banks, trust companies, and savings and loan associations; (2)...
- Texas Section 271.052 - Certificates Payable From And Secured By Other Revenues
(a) The governing body, instead of or in addition to other methods of payment provided by this subchapter, may provide that certificates will be paid...
- Texas Section 271.0525 - Refinancing Certificates Issued By County
(a) A county may not issue certificates to refinance or refund the debt evidenced by certificates issued by the county unless the county complies with...
- Texas Section 271.053 - Certificates As Debt And Security
Certificates are debts of the issuer within the meaning of Article XI, Sections 5 and 7, of the Texas Constitution. When delivered, certificates are "security"...
- Texas Section 271.054 - Competitive Procurement Requirement
Before the governing body of an issuer may enter into a contract requiring an expenditure by or imposing an obligation or liability on the issuer,...
- Texas Section 271.055 - Notice To Bidders
(a) An issuer must give notice of the time, date, and place at which the issuer will publicly open the bids on a contract for...
- Texas Section 271.056 - Exemptions From Advertisement Requirement
The provisions of this subchapter relating to the advertisement for competitive bids do not apply to: (1) a case of public calamity if it is...
- Texas Section 271.0565 - Pre-bid Conference
(a) The commissioners court of a county or the governing body of a district or authority created under Section 59, Article XVI, Texas Constitution, if...
- Texas Section 271.057 - Award Of Contract
(a) Except as provided by Subsection (b), a contract let under this subchapter for the construction of public works or the purchase of materials, equipment,...
- Texas Section 271.058 - Authority To Reject Bids
The governing body may reject any and all bids submitted for a contract for which competitive bidding is required by this subchapter. Acts 1987, 70th...
- Texas Section 271.059 - Contractor's Bonds
If a contract is for the construction of public works and is required by this subchapter to be submitted to competitive bidding, the successful bidder...
- Texas Section 271.060 - Change Orders
(a) After performance of a construction contract begins, a governing body may approve change orders if necessary to: (1) make changes in plans or specifications;...
- Texas Section 271.061 - Compensation On Unit Price Contracts
If a contract is let on a unit price basis, the compensation paid to the contractor must be based on the actual quantities of items...
- Texas Section 271.062 - Certain Contracts Not Required To Be In Writing
A contract executed under Section 271.054 or 271.056 is not required to be in writing if the work to be performed under the contract: (1)...
- Texas Section 271.063 - Unconstitutional Procedure Corrected By Resolution Of Issuer
If a procedure used under this subchapter is held to be in violation of the state or federal constitution, an issuer by resolution may provide...
SUBCHAPTER D STATE COOPERATION IN LOCAL PURCHASING PROGRAMS
- Texas Section 271.064 - Criminal Penalties
(a) An officer or employee of an issuer commits an offense if the officer or employee intentionally or knowingly makes or authorizes separate, sequential, or...
- Texas Section 271.081 - Definition
In this subchapter, "local government" means a county, municipality, special district, school district, junior college district, a local workforce development board created under Section 2308.253,...
- Texas Section 271.082 - Purchasing Program
(a) The comptroller shall establish a program by which the comptroller performs purchasing services for local governments. The services must include: (1) the extension of...
SUBCHAPTER E STATE INTERCEPT TO INCREASE CREDIT RATING
- Texas Section 271.083 - Local Government Participation
(a) A local government may participate in the purchasing program of the commission, including participation in purchases that use the reverse auction procedure, as defined...
- Texas Section 271.091 - Definitions
In this subchapter: (1) "Local government" means a municipality, county, or hospital district of the State of Texas. (2) "Payment" means the local sales and...
- Texas Section 271.092 - Agreement With Texas Bond Review Board And Comptroller
Prior to the issuance of any obligation, the governing body of any local government may notify the board of the proposed issuance of an obligation...
- Texas Section 271.093 - Form Of Agreement; Conditions
(a) The agreement shall set forth the following: (1) the proposed date of issuance of the obligation and the name and series of the proposed...
- Texas Section 271.094 - Notice, Deposit Of Debt Service, Authorization, And Transmittal
(a) If a local government enters into an agreement with the board under Section 271.092, the board on notification from the local government, the custodian...
- Texas Section 271.095 - Right To Pledge Payments
(a) The local government may pledge payments to secure any obligation only if the amount of payments received by the local government in the fiscal...
SUBCHAPTER F COOPERATIVE PURCHASING PROGRAM
- Texas Section 271.096 - Administration, Rules, Fees
The board shall administer the implementation of this subchapter and may adopt rules and set fees necessary for its administration. Added by Acts 1993, 73rd...
- Texas Section 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...
SUBCHAPTER G PURCHASES FROM FEDERAL SCHEDULE SOURCES OF SUPPLY
- Texas Section 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...
SUBCHAPTER I ADJUDICATION OF CLAIMS ARISING UNDER WRITTEN
- Texas Section 271.103 - Federal Supply Schedule Sources
(a) A local government may purchase goods or services available under Federal supply schedules of the United States General Services Administration to the extent permitted...
- Texas Section 271.151 - Definitions
In this subchapter: (1) "Adjudication" of a claim means the bringing of a civil suit and prosecution to final judgment in county or state court...
- Texas Section 271.152 - Waiver Of Immunity To Suit For Certain Claims
A local governmental entity that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to...
- Texas Section 271.153 - Limitations On Adjudication Awards
(a) Except as provided by Subsection (c), the total amount of money awarded in an adjudication brought against a local governmental entity for breach of...
- Texas Section 271.154 - Contractual Adjudication Procedures Enforceable
Adjudication procedures, including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated...
- Texas Section 271.155 - No Waiver Of Other Defenses
This subchapter does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit...
- Texas Section 271.156 - No Waiver Of Immunity To Suit In Federal Court
This subchapter does not waive sovereign immunity to suit in federal court. Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff....
- Texas Section 271.157 - No Waiver Of Immunity To Suit For Tort Liability
This subchapter does not waive sovereign immunity to suit for a cause of action for a negligent or intentional tort. Added by Acts 2005, 79th...
- Texas Section 271.158 - No Grant Of Immunity To Suit
Nothing in this subchapter shall constitute a grant of immunity to suit to a local governmental entity. Added by Acts 2005, 79th Leg., Ch. 604...
SUBCHAPTER J DESIGN-BUILD PROCEDURES FOR CERTAIN CIVIL WORKS PROJECTS
- Texas Section 271.160 - Joint Enterprise
A contract entered into by a local government entity is not a joint enterprise for liability purposes. Added by Acts 2005, 79th Leg., Ch. 604...
- Texas Section 271.181 - Definitions
In this subchapter: Without reference to the amendment of this subdivision, this subchapter was repealed by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628),...
- Texas Section 271.182 - Applicability
(a) This subchapter applies to: (1) a local governmental entity with a population of more than 100,000 within its geographic boundaries or service area; (2)...
SUBCHAPTER Z MISCELLANEOUS PROVISIONS
- Texas Section 271.186 - Limitation On Number Of Projects
Sec. 271.186. LIMITATION ON NUMBER OF PROJECTS. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 3 (a)...
- Texas Section 271.901 - Procedure For Awarding Contract If Municipality Or District Receives Identical Bids
(a) If a municipality or district is required to accept bids on a contract and receives two or more bids from responsible bidders that are...
- Texas Section 271.902 - Prohibition Of Conflict Of Interest In Purchase By Municipality Or County From Cooperative Associations
If a member of the governing body or an appointed board or commission of a municipality or county belongs to a cooperative association, the municipality...
- Texas Section 271.903 - Commitment Of Current Revenue
(a) If a contract for the acquisition, including lease, of real or personal property retains to the governing body of a local government the continuing...
- Texas Section 271.904 - Engineering Or Architectural Services Contracts: Indemnification Limitations; Duties Of Engineer Or Architect
(a) A covenant or promise in, in connection with, or collateral to a contract for engineering or architectural services to which a governmental agency is...
- Texas Section 271.905 - Consideration Of Location Of Bidder's Principal Place Of Business
(a) In this section, "local government" means a municipality, a county, or another political subdivision authorized under this title to purchase real property or personal...
- Texas Section 271.9051 - Consideration Of Location Of Bidder's Principal Place Of Business In Certain Municipalities
(a) This section applies only to a municipality that is authorized under this title to purchase real property or personal property that is not affixed...
- Texas Section 271.906 - Reverse Auction Method Of Purchasing
(a) A local government, as defined by Section 271.081, may use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, in purchasing goods...
- Texas Section 271.907 - Vendors That Meet Or Exceed Air Quality Standards
(a) In this section, "governmental agency" has the meaning assigned by Section 271.003. (b) This section applies only to a contract to be performed, wholly...
- Texas Section 271.908 - Local Government Contracts With Private Entities For Civil Works Projects And Improvements To Real Property
(a) In this section, "civil works project" and "local governmental entity" have the meanings assigned by Section 271.181. (b) A local governmental entity may contract...