Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Chapter 176 of Local Government Code, contract with local governmental entity is not void because person failed to comply with disclosure requirements ofGA-0446
Child support, whether state Medicaid providers must submit statements regardingDM-0379
Coliseum concession contract, county's authority to enter into contract that authorizes assignment of contract and option to extend lease termLO98-057
Contract between commissioners court and private collections firm to collect money owed to the countyKP-203
Contract to operate county jail, authority of sheriff to accept fee from private organizationGA-0760
County authority to purchase and then lease generator to a radio stationGA-0583
County school land, authority of commissioners court to accept lease requiring lessee to make expenditures for land management and maintenanceGA-0958
Court would likely conclude that Dallas County is not expressly authorized by Labor Code section 62.0515 to require a higher wage as a condition for a contract award under the County Purchasing Act.GA-1090
District attorney is not authorized to bind county by signing multi-year contract binding expenditures of county funds allocated to district attorney for office expensesJC-0395
Existing contracts with local governmental entity, chapter 176 of Local Government Code does not includeGA-0446
Goods and services at reduced prices, chapter 176 of Local Government Code includes contracts offeringGA-0446
Historically underutilized business participation goal, Lottery Commission may count a lottery vendor's contracts with a broker or "pass-through" entity towardJC-0315
Hospital district, physician services contractGA-0472
Information submitted in response to a request for offer that was subsequently cancelled, a state agency must retain consistently with the agency's record retention scheduleGA-0266
Insurance coverage, school district's purchase of; length of contract; aggregation; third-party administrationDM-0418
Job order contracting method of procurement, authority of Metropolitan Transit Authority of Harris County to useGA-1028
Law enforcement services, county's authority to contractually provide law enforcement services to a nongovernmental associationGA-0553
Legislator's interest in contract with state or county, prohibition against where corporation's stock is owned by spouse of legislatorLO95-033
Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants or donations for theGA-1014
Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to acceptGA-1014
Oral contract on behalf of state, officer or employee may not enter into unless authorized to do so by Texas Constitution or by statuteJC-0132
Prevailing wages, county may not prescribe for contracts other than public works contractsJM-1215
Quantum meruit, a county commissioners court may not award such damages for the reasonable value of benefits received under an implied contract unless the county auditor has approved the claimGA-0383
Sheriff and constable patrols, county may contract with municipal utility district to provide additionalLO98-079
Texas Facilities Commission's authority to exercise lease renewal options for agency office spaceKP-106
Whether the payment of higher wages is definitively and objectively related to the quality of services provided under a specific contract such that it can be included as an evaluation factor on competitive proposals submitted under section 262.030 of the County Purchasing Act requires a factual inquiry and is not a question that can be answered in the opinion process.GA-1090
Words "forced to sign under threat, duress, and coercion" or "non assumpsit to the contents of this document" written under person's signature on state document may indicate that the person signing has not agreed to terms of document, and consequently thaJC-0153
Workers compensation certificate of coverage requirements in public construction is not satisfied by agreement stating that independent contractor is not employee of hiring contractorDM-0300
Arbitration expenses, use of bond proceeds for contract-relatedJC-0127
Competitive bidding, necessity for when there is failure by municipality to require performance bond on developer participation contractLO95-010
Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of officeGA-0671
Corporate sureties issuing payment and performance bonds on public works or construction contracts, governmental entities may not impose additional financial criteria beyond those permitted by statuteLO92-061
Corporate sureties, whether school district may establish their own standards for financial solvency ofDM-0165
Corporate surety, unincorporated association insurance carrier may not serve asDM-0254
County Purchasing Act competitive bidding requirements applicable to public works contract for construction of vehicle maintenance buildingJM-1220
Craft or type of worker not listed in public work contract, contractor may hire only if public body has approved the hiring and has determined the prevailing wage rate in advanceDM-0469
Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government CodeGA-0070
Design/build contract for construction of public work, commissioners court may not award on basis of competitive bidding where architectural or engineering services are part of contractJM-1189
Jail facility, a county does not have implied authority to enter into a sale and leaseback of property to acquire a thermal energy plant in connection with aGA-0070
Judicial remedy for violation of chapter 2258 of the Government Code available only where public body has determined contractor has violated law but has not withheld enough money from the contractor to make the aggrieved worker wholeDM-0469
Locality in which work performed, for purpose of prevailing wage statute generally refers to political subdivision most nearly corresponding to location of workDM-0025
Open Meetings Act, evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject toJC-0060
Payment bond on public work contract in excess of $25,000 made by insurer with prime contractor to repair school district property, school district must obtainLO95-006
Payment, statute requiring state agencies and political subdivisions to pay vendors within certain time limitations applies to construction contractsDM-0088
Performance bond required for cost of improvements to be constructed for municipality pursuant to a developer participation contract, amount ofLO95-010
Prevailing wage determination within discretion of governmental body authorizing or contracting for workDM-0025
Prevailing wage law, governing body is not required to include value of fringe benefits in its calculation of prevailing wageJM-1164
Prevailing wage rate, political subdivision in which to perform surveyLO93-092
Prevailing wage rate, whether council of governments is a political subdivision for purposes of statuteLO93-092
Prevailing wage rates, authority to omit classes of workers or rates from contractsLO93-092
Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion CommitteeGA-0858
School district may "act as its own general contractor" in letting bids for renovation and remodeling projectsDM-0242
School district may select purchasing method, including design/build contract or competitive bidding, that provides best valueJC-0037
Selection of a company as a construction manager-at-risk if a related company has been selected as the design engineer that will also perform the inspection, testing, and verification services necessary for acceptance of the projectGA-0782
Unit-price contract may be subject to statutory performance- and payment-bond requirements (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990))JM-1243
University does not act as "hiring contractor" when it hires private entity to engage in building or construction workDM-0300
Workers' compensation insurance coverage for employees employed on political subdivision construction project, contractor must obtainLO92-060
"Civil liability" in section 791.006 of Government Code relating to interlocal cooperation contracts to furnish or obtain fire department services, meaning ofGA-0029
Autopsy, county of decedent's residence may not contract to conduct or pay for if death occurred in neighboring county hospitalJC-0071
Collection of property taxes by appraisal district or other taxing unit rather than assessor-collector, interlocal contract for must include collection of motor vehicle inventory taxJC-0273
Contract that contravenes, controls or limits the provisions of a statute, tax appraisal district may not enter intoLO98-022
County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources fromGA-0616
Delegation of authority by water control and improvement district n a facilities operating agreementKP-063
Duties relating to the issuance of driverís licenses and personal identification certificates, Department of Public Safety may not delegate such duties to county tax assessor-collector nor may a county participate in such a programGA-0917
Forfeited property, an attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agencyGA-0122
General law enforcement services to another county, sheriff may not provide in absence of commissioners court approvalJC-0263
Governing body approval under the Interlocal Cooperation Act, governing body is required to authorize an interlocal contract according to the same statutes and procedures applicable to its contracting authority generallyGA-0352
Hospital district may contract with county for services of medical examiner in performing medical tests and autopsies for hospital purposesLO97-004
Impact fee imposed by political subdivision, school district is not required to pay unless board consents to such payment by entering into contract with political subdivisionGA-0637
Indemnification clause in county contract with appraisal district to provide 9-1-1 services, validity ofGA-0176
Inmates, sheriff has no authority to contract to provide housing and facilities for out-of-stateLO90-095
Interlocal cooperation contract under Government Code chapter 791 - School district may not operate its transportation system outside its geographic boundaries absent a chapter 791 interlocal cooperation contractKP-166
Municipal governing body may contract under Intergovernmental Contract Act for collection of assessments imposed under Public Improvement District Assessment Act with another local government with authority to collect assessmentsGA-0724
Municipality may sell its utility system to a river authority by virtue of section 30.035, Water Code without holding an election under subsection 1502.055(a), Government CodeGA-0959
Municipally owned electric utility governing body may not delegate approval of interlocal contracts that exceed $100,000GA-0352
Municipally owned electric utility, the Interlocal Cooperation Act authorizes the governing body to establish procedures for entering into interlocal contracts that do not exceed $100,000 without requiring the approval of the governing body and necessarily permits delegation of such authorityGA-0352
Private roads in municipality, commissioners court may not enter into interlocal contract to maintainJC-0288
Rural fire prevention district may not distribute funds to fire departments but may contract with them to provide servicesLO92-028
School district, interlocal contract executed on behalf of need not be awarded on basis of competitive procurement methodsJC-0037
Statutes governing a particular entity's contracting authority determine whether an entity's governing body may delegate authority to approve an interlocal contractGA-0352
Substitute care and case management service providers, authority of governmental entities to serve asGA-0476
Tax appraisal district's costs for tax assessment or collection under contract are paid pursuant to Interlocal Cooperation ActGA-0030
Interlocal Cooperation
Interlocal cooperation contract under Government Code chapter 791 - School district may not operate its transportation system outside its geographic boundaries absent a chapter 791 interlocal cooperation contractKP-166
Automatically renew contract for loading and unloading services, navigation district may limit the number of times it will consent toJC-0354
Collection contract between county or municipality and private attorney or vendor to collect overdue court costs and fines, allocation of money collected underGA-0147
Constable may not provide law enforcement services for a fee to private property owners association outside constable's precinct under section 351.061 Local Government CodeGA-0938
Educational services provided to school district by public or private entities under contract, application of statutory requirements imposed on school districtsDM-0335
Energy savings performance contract, whether particular is contract for services is fact questionGA-0100
Facility for care and training of juveniles, county may use proceeds from special tax to contract for operation ofLO94-088
Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutesGA-0567
Local engineering firms, home-rule city is prohibited from giving preference to in awarding contractsLO93-073
Printing services without competitive bidding, the boards of regents of The University of Texas System and The Texas A&M University System may adopt a rule that establishes a dollar amount under which a university system may procureGA-0438
Professional Services Procurement Act applies to services obtained by prime contractor that are a component part of a governmental contractJC-0374
Professional Services Procurement Act does not require professional to determine whether potential contract subject to Act's competitive bidding prohibitionJC-0374
Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion CommitteeGA-0858
Sale and lease back of hospital facility, Hospital Districtís authority toGA-0945
School district, federal school nutrition program, food service management contract, delegation of authorityGA-0500
Telecommunications services, acquisition by General Services Commission using catalogue purchase procedureDM-0375
Texas bidder, meaning under section 2155.444, Government Code Bidding preference, application of under section 2155.444, Government Code Bidding preference, remedies when bidder believes inappropriately appliedGA-0685
Utility company contracting with a county to collect the fees for the countyís solid waste disposal under Subsection 364.034(d)(2), Health and Safety Code, is authorized to suspend its own utility service for nonpayment of the countyís solid waste disposal feeGA-0770