Texas Special District Local Laws Code 1069.106 – Purchasing and Accounting Procedures
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(a) Except as provided by Section 1069.112, the board may prescribe:
(1) procedures for the acquisition of goods or services, including the method and manner of making purchases and expenditures by and for the district; and
(2) all accounting and control procedures.
(b) In making purchases, the board may determine the method of purchase that provides the best value to the district, including:
(1) competitive bidding;
(2) competitive sealed proposals;
(3) catalogue purchase;
(4) a group purchasing program; or
(5) an open market contract.
Terms Used In Texas Special District Local Laws Code 1069.106
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) In determining what is the best value to the district, the board shall consider:
(1) the purchase price;
(2) the reputation of the vendor and of the vendor’s goods or services;
(3) the quality of the vendor’s goods or services;
(4) the extent to which the goods or services meet the district’s needs;
(5) the vendor’s past relationship with the district;
(6) the total long-term cost to the district of acquiring the vendor’s goods or services; and
(7) any other relevant factor that a private business entity would consider in selecting a vendor.
(d) The state auditor may audit purchases of goods or services by the district.
(e) To the extent of any conflict, this section prevails over any other law relating to the purchasing of goods and services.
(f) Chapters 2151 and 2254, Government Code, do not apply to purchases of goods and services made under this section.
(g) The board may incur an obligation, including a lease or lease-purchase agreement for real property, facilities, or equipment for use in the hospital system, payable from the pledged sales and use tax revenue of the district.