Texas Attorney General Opinion: JM-1136 Page: 2 of 4
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Honorable Robert T. Jarvis - Page 2 (JM-1136)
were a county. A specialized local entity
may make a contract with a county under which
the county performs purchasing functions for
the entity.
Section 262.023 of the Local Government Code requires a
county to comply with specified competitive bidding or com-
petitive proposal procedures before purchasing or otherwise
acquiring one or more items under a contract that will re-
quire an expenditure exceeding a specified amount. Section
140.003 mandates that certain offices coming within the
definition of "specialized local entity" purchase items in
accordance with the same procedures applicable to counties.
The county attorney performs the duties of a district
attorney in Grayson County and is subject to the pro-
visions of the Professional Prosecutors Act. Gov't Code
46.002. The office of county attorney is not one of the
offices included in the definition of "specialized local
entity" in section 140.003 of the Local Government Code.
The fact that the county attorney performs the duties of a
district attorney does not constitute the county attorney "a
district or criminal district attorney." Consequently, the
county attorney does not come within the definition of
"special local entity" as that term is defined in section
140.003.
In your second question you ask us to assume that the
"specialized local entity" provision applies in determining
whether a "skilled carpenter" comes within the "professional
service" exception to the competitive bidding requirements
of section 262.023. You do not provide any information re-
garding the work required to be performed by the carpenter.
Section 262.023(a) of the Local Government Code, as
amended by House Bill 1434, raised the amount of expenditure
by a county to an amount exceeding $10,000 (previously
$5,000) before the competitive bidding requirements become
applicable. Included in the items exempt from the competi-
tive bidding process listed in section 262.024 of the Local
Government Code is a "professional service." Local Gov't
Code 262.024(a)(4).
The question of whether a contract for the services
of a skilled carpenter is a contract for a "professional
service" is a fact question that must be decided on a
case-by-case basis. We cannot answer fact questions in the
opinion process, but we can provide guidelines to use in
determining whether the contract in question is a contract
for "professional service."p. 5985
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1136, text, January 29, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273574/m1/2/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.