Texas Attorney General Opinion: H-680 Page: 1 of 2
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-"'. Tmiz ATTORNEY GENERAL
oF TEXAS
( )... "" AUSTIN, T:EXAs 78711
JOHN IK IZLLA
AT"ORNfI O=N=R AL
September 2, 1975
The Honorable C. A. Dickerson Opinion No. H- 680
County Attorney
Fort Bend County Re: Authority of a county
Richmond, Texas 77469 to contract with a
non-profit corporation
without seeking competi-
Dear Mr. Dickerson: tive bids.
You have requested our opinion concerning whether a commissioners
court may enter a contract for law enforcement consultant services without
competitive bids.
Subject to certain exceptions, section 2 of article 2368a, V. T. C. S.,
provides that no county or city may make a contract involving an expendi-
ture of $3000 or more without submitting the proposed contract to competi-
tive bids. Among the exceptions to this requirement are contracts for
"personal and professional services. "
You have informed us that the county wishes to contract with a non-profit
corporation whose purpose is set out in its charter as:
To aid in the co-ordination and participation
in the activities in the detection, apprehension
and prosecution of the perpetrators of major
crimes committed in Fort Be nd County .
Under the proposed contract the corporation would coordinate irsvestigat -
tions of major crimes and would develop a modus operandi for burglary
investigations.
In our opinion this would constitute a contract for personal or profes-
sional services within the exception contained in article 2368a, section 2.
This exception appears to be a codification of a case law exception con-
cerning contracts for services requiring special skills. Stephens County
v. McCanmmon, 52 S. W. 2d 53 (Tex. Sup. 1932). That case upheld thep. 2962
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-680, text, September 2, 1975; (https://texashistory.unt.edu/ark:/67531/metapth271205/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.