2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 44 - Fiscal Management › Subchapter B. Purchases; Contracts › Section 44.032. Enforcement of Purchase Procedures: Criminal Penalties; Removal; Ineligibility

Sec. 44.032.  ENFORCEMENT OF PURCHASE PROCEDURES:  CRIMINAL PENALTIES;  REMOVAL;  INELIGIBILITY.  (a)  In this section:
(1)  "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase.
(2)  "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase.
(3)  "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase.
(b)  An officer, employee, or agent of a school district commits an offense if the person with criminal negligence makes or authorizes separate, sequential, or component purchases to avoid the requirements of Section 44.031(a) or (b).  An offense under this subsection is a Class B misdemeanor and is an offense involving moral turpitude.
(c)  An officer, employee, or agent of a school district commits an offense if the person with criminal negligence violates Section 44.031(a) or (b) other than by conduct described by Subsection (b).  An offense under this subsection is a Class B misdemeanor and is an offense involving moral turpitude.
(d)  An officer or employee of a school district commits an offense if the officer or employee knowingly violates Section 44.031, other than by conduct described by Subsection (b) or (c).  An offense under this subsection is a Class C misdemeanor.
(e)  The final conviction of a person other than a trustee of a school district for an offense under Subsection (b) or (c) results in the immediate removal from office or employment of that person.  A trustee who is convicted of an offense under this section is considered to have committed official misconduct for purposes of Chapter 87, Local Government Code, and is subject to removal as provided by that chapter and Section 24, Article V, Texas Constitution.  For four years after the date of the final conviction, the removed person is ineligible to be a candidate for or to be appointed or elected to a public office in this state, is ineligible to be employed by or act as an agent for the state or a political subdivision of the state, and is ineligible to receive any compensation through a contract with the state or a political subdivision of the state.  This subsection does not prohibit the payment of retirement benefits to the removed person or the payment of workers' compensation benefits to the removed person for an injury that occurred before the commission of the offense for which the person was removed.  This subsection does not make a person ineligible for an office for which the federal or state constitution prescribes exclusive eligibility requirements.
(f)  A court may enjoin performance of a contract made in violation of this subchapter.  A county attorney, a district attorney, a criminal district attorney, a citizen of the county in which the school district is located, or any interested party may bring an action for an injunction.  A party who prevails in an action brought under this subsection is entitled to reasonable attorney's fees as approved by the court.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 1225, Sec. 3, eff. Sept. 1, 1999.