JIM MATTOX 

Attorney General 

Supreme Court Bullding 

P. 0. Box 1254S 

Austin. TX 78711.254a 

51214752501 

Telex 9101874-1367 

TekCOo*r 512/47w2SS 

714 Jackson. Suite 700 

Oalhe., TX. 75202-4508 

2t4il42.SQ44 

4S24 Alberta Ave.. Sub 160 

El Paso. TX. 799052793 

915/533-3184 

1COt Texas. Suite 700 

Hou+ton. TX. 77w2.3111 

7131223.5886 

W5 Bmadway. Suits 312 

Lubbock. TX. 79401-3479 

Soa747%38 

4MB N. Tenth. Suite B 

YcAllm. TX. ?swl-les5 

512aS2.4S47 

200 M*in Plaza. Suite 400 

San Antonio, TX. 7S205-2797 

512!225-4191 

An Equal Opporlunityl 

Atllrmatlvo Action Employer 

The Attorney (General of Texas 

February 21. 1986 

Hr. Gibson DuTtrroCL 

Chairperson 

Texts Committee 00. hrchases of 

opinion No. m-444 

Rt: Applicability to counties. 

Products and Strriccs of Blind cities. hospital districts, and 

and Ssverely Disabled Persona school districts of chapter 122 

314 Eighland Mall Bwlsvard of the Eumtn Resources Code, 

Suite 258 which relates to the procurement 

Austin. Texas 787!i:! of the products or strvicts of 

disabled individuals 

Dear Mr. DuTtrroil: 

You ask about zht apparent conflict between a statute that allows 

political subdlvisioas to purchase products or strvlcts produced by 

disabled persons without engaging iu competitive bidding and statutes 

thtt require certain political subdivisions to engage in competitive 

bidding. 

Section 122.Olli of the Eumau Resources Code provides: 

A prodilct msnufacturtd for salt to a political 

subdivision of this state or an offics or dtpartmcnt thereof shall be manufactured or produced 

according ‘to specifications daveloped by the pur- 

&tsar. Qolitical subdlvlslon of this state may 

purchase products or rervicts for its use from 

private I~t~sintssts through Its authoriasd purchasing p~xtdurts, but may substitute equivalent 

products & ~trviccs produced by blind or other 

severely zlsabltd persons under the provisions of 

this chap;tr. Nothing in this chapter shall be 

coastrutd%o require a nonprofit agency for blind 

or other &vtrtly disabled persons to engage in 

compttit~~ bidding. (Emphasis added). 

Tou ask whether counties. cities, school districts, and hospital 

districts may purcha,se products or strvicts from the disabled without 

engaging in compttirLvt bidding pursuant to section 122.014 even under 

circumstances %n rbich other statutes require them to engage in 

competitive bidding. 

In Attorney Geneera Opinion JR-385 (1985). we considered whether 

a county was requir,cd to comply with the competitive bidding procedure 

p. 2018 
Fir. Gibson BuTerrol - Page 2 (Jt4-444) 

set out In the County Purchasing Act, article 2368a. V.T.C.S.. before 

it could purchase goods or services from the disabled pursuant to 

section 122.014 of the Ruman Resources Code. Rtcaust specific 

statute6 prevail over general statutes on the same subject, we 

concluded that the specific exception from competitive bidding set out 

in section 122.014 of the Buman Resources Code prevailed over the 

general requirements of the County Purchasing Act when the county 

purchased goods or services f:rom the disabled. 

The same reasoning apl)Mts to the other political subdivisions 

you ask about. General statutes require cities, hospitals, and school 

districts to engage in competitive bidding before they make certain 

purchases. V.T.C.S. art. 238a. r2 (cities); V.T.C.S. art. 44940, 134 

(hospital districts); Educ. Code 121.901 (school districts). Those 

general statutes art inapplicable. however+ to a situation in which 

one of those subdivisions purchases goods or services pursuant to 

section 122.014 of the Buman Resources Code. 

I. 

SUMMARY 

General statute:8 that require counties, cities. 

hospital distrfctr;, and school districts to engage 

in competitive bidding in order to make certain 

purchases do not c.pply to purchases such political 

subdivisions make Ipursuant to section 122.014 of 

the &man Rtsourccs Code. 

Very truly your J A h 

JIM MATTOX 

Attorney General of Texas 

JACR HIGRTOWRR 

First Assistant Attorney GttLral 

WARYKELLER 

ExtcutP?t Assistant Attorney General 

ROBERT GRAY 

Special Assistant Attorney General 

RICR GILPIN 

Chairman, opinion conmittet 

Prepared by Sarah Wotlk 

AssIstant Attorney General 

p. 2019