Texas Attorney General Opinion: JM-1136 Page: 3 of 4
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Honorable Robert T. Jarvis - Page 3 (JM-1136)
In Attorney General Opinion JM-940 (1988) the matter of
what constitutes "professional services" under section
21.907 of the Texas Education Code was considered. In
Attorney General Opinion JM-940 it was stated:
Section 21.907 does not define the phrase
'professional services.' The courts have not
adopted a universal definition of the term;
however, several cases suggest that it
comprehends labor and skill that is 'pre-
dominantly mental or intellectual, rather
than physical or manual.' Maryland Casualty
Co. v. Crazy Water Co,, 160 S.W.2d 102 (Tex.
Civ. App. - Eastland 1942, no writ). It no
longer includes only the services of lawyers,
physicians, or theologians, but also those
members of disciplines requiring special
knowledge or attainment and a high order
of learning, skill, and intelligence. See
Attorney General Opinion MW-344 (1981);
Black's Law Dictionary 1089-90 (5th ed. 1979)
(definition of 'profession').
Accordingly, this question must be determined on a case-by-
case basis.
S U M MAR Y
The County Attorney of Grayson county is
not a "specialized local entity" as that term
is defined in section 140.003 of the Local
Government Code. The question of whether a
"skilled carpenter" comes within the "profes-
sional service" exception to the competitive
bidding requirements of section 262.023 of
the Local Government Code is a fact question
that cannot be resolved in the opinion
process.
Very truly yo
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney Generalp. 5986
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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/m1/3/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.