JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

512/475-2501 

Telex 9101674.1367 

Telecopier 51214750266 

714 Jackson, Suite 700 

Dallas, TX. 75202.4506 

21417424944 

4624 Aiberta Ave.. Suite 160 

El Paso. TX. 79905.2793 

915/5x3-3464 

1001 Texas, Suite 7CU 

HOUS~O”, TX. 77002.3111 

713/223-5666 

606 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

6061747-5236 

4309 N. Tenth. Suite B 

WAllen. TX. 76501-1665 

5121662-4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 76205.2797 

5121225.4191 

An Equal OppOrtunityI 

Affirmative Action Employer 

The Attorney General of Texas 

Dmember 2, 1985 

Honorable Henry Wadle 

Criminal District Attorney 

Condemnation 8ect::on 

Sewices Building 

Dallas, Texas 7!ii!O2 

Opinion No. ~~-385 

ue: Whether a county purchasing 

agent may contract with a nonprofit agency for blind or severely 

handicapped persons without taking 

competitive bids 

Dear Mr. Wade: 

You inform us that e nonprofit agency for thr blind or severely 

handicapped persons has requested a contract to perform janitorial 

services for the county. 

Agent has asked: 

In that regard, the Dallas County Purchasing 

Whethem Dallas County may contract with s 

nonprof::t agency for the blind or severely 

handicapped persons without taking competitive 

bids thmeon? 

A county governmental body has only the powers conferred either 

expressly or by necessary implication by the constitution or statutes 

of this state. S,:e Tex. Const. art. V, P18; Caoales v. Laughlin. 214 

S.W.Zd 451. 453 ps:x. 1948). County contracts are now governed by the 

County Purchasing ,Act. See Acts 1985, 69th Leg., ch. 641, at 4897. 

Section 3(a) of this recentenactnent provides in part: 

Before a county may purchase one or more items 

under a contract that will require an exuenditure 

exceed+; $5,000, the commissioners court of the 

county rpt comply with the competitive bidding or 

competitive proposal procedures prescribed by this 

Act. . <-. - 

(Emphasis added). 

Acts 1985, 69th Ieg., ch. 641, 03(a), at 4898. The term "item" has 

been defined in the act to include services. See Acts 1985, 69th 

Leg., ch. 641, §2(:3), at 4898. The purpose of theact is to provide 

for the requirements of competitive~ bidding. exceptions, notice, bond 

requirements, and changes in plans and specifications of a contract 

with a county. 

p. 1763 
Honorable Henry Wade - Page 2 (JM-385) 

Chapter 122 of the '&man 

involving a nonprofit agency for 

Individuals. See Hum. Res. Code 

provides: - 

Resources Code governs contracts 

the blind or severely handicapped 

1122.001 et seq. Section 122.014 

A product manufactured for sale to a political 

subdivision of this state or an office or department thereof shall be manufactured or produced 

according to specifications developed by the 

purchaser. Atical subdlvision of this state 

may purchase products or services for its use from 

private busines& through its authorized purchasing procedurrz, but may substitute equivalent 

products or set&es produced by blind or other 

severely disableirpersons under the provisions of 

this chapter. Nothing in this chapter shall be 

construed to req&e a nonprofit agency for blind 

or other severelr disabled persons to engage in 

competitive biddjE&. (Emphasis added). 

Hum. Res. Code )122.014. Consequently, there appears to be a conflict 

between the County Purchastng Act, which requires competitive bidding 

and section 122.014 of tt,e Human Resources Code which prohibits a 

county from requiring a nonprofit agency for the blind or other 

severely handicapped persons to 'engage in the competitive bidding 

process as a prerequisite to an award of a county contract. 

An applicable rule of statutory construction is that. where one 

statute deals with a subjec,t of general terms and another deals with a 

Dart of the same subiect Ln a more detailed wav. the two should be 

harmonized if possibl;, and if there is a conflict. the more soecific 

will prevail. See Trinity lJniversa1 Insurance Company v. McLaughlin, 

373 S.W.Zd 66 (G Civ. AJ'p. - Austin 1963), reh'g denied, 374 S.W.Zd 

350 (Tex. Civ. App. - Austin 1963, no writ); see also C. Sands, --,- 

Sutherland Statutory Construction 551.05 (4th ed. 1984). The County -- 

Purchasing Act is a gexral statutory enactment governing the 

purchasing procedures of counties; whereas, section ?22.014-is a 

special provision govern:tng purchases of political subdivisions 

involving a nonprofit ager.cy for the blind or other severely handicapped persons. Therefore, we conclude that a county is not required 

to comply with the competitive bidding procedure outlined in the 

County Purchasing Act whet. the contract involves a nonprofit agency 

for the blind or severely handicapped persons. 

In applying section 122.014 of the Human Resources Code, the 

county must employ the prccedure outlined in chapter 122 in order to 

ascertain what constitutes W equivalent products or services" as those 

terms are used in the provision. The legislature has established the 

Texas Committee on Purehares of Products and Services of Blind and 

p. 1764 
Honorable Henry Wade - Page 3 (JM-385) 

Severely Disabled Persons co determine the fair market price of all 

products and services manufactured or provided by these Individuals. 

See Hum. Res. Code 15122.COl. 122.004, 122.012. The nonprofit agency 

Gt be organized under state law and recognized by the State 

Commission for the Blind or the Texas Rehabilitation Commission in 

order to participate. mm. Res. Code 0122.004(a). Once the 

"equivalent value" has been determined, the county governing body, in 

its discretion, may sublititute the products or services of the 

nonprofit agency for those provided by private businesses which have 

participated in the competitive bidding process as outlined In the 

County Purchasing Act. 1x1. no event should the county require the 

nonprofit agency to compete in the competitive bidding process with 

the private businesses in (order to be awarded a contract. See Hum. 

Res. Code $122.014. 

- 

SUMMARY 

A county is n.ot required to comply with the 

competitive bidding procedure outlined in the 

County Purchasing Act when the contract involves a 

nonprofit agency for the blind or severely 

handicapped pemons. However, the county must 

comply with section 122.014 of the Human Resources 

Code before awarS:lng a contract to these nonprofit 

agencies. 

JIM MATTOX 

Attorney General of Texas 

JACK HIGHTOWER 

First Assistant Attorney General 

NARY KELLER 

Executive Assistant Attorney General 

ROBERT GRAY 

Special Assistant Attorney (General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 1765 
Honorable Henry Wade - Page! 4 (JM-385) 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

Sarah Woelk 

. 

p. 1766