Does the Texas catalog-purchase procedure for state technology buying apply to independent school districts?

Plain-English summary

Pete P. Gallego, then chair of the Texas House Committee on Criminal Jurisprudence, asked the Attorney General whether the catalog-purchase procedure in Government Code section 2157.0611 applies to an independent school district. Chapter 2157 governs how government buys automated information systems and related items.

The answer came down to which entities the provision reaches. The opinion explained that the subchapter containing section 2157.0611 applies "only to a state agency to which Chapter 2054 applies." Chapter 2054, in turn, defines a "state agency" as a department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government created by the constitution or a statute, including a university system or institution of higher education. The same chapter separately lists a "school district" within its definition of "local government." Because a school district is local government rather than a state agency under those definitions, it is not subject to Chapter 2054, so the catalog-purchase procedure does not apply to an independent school district.

The opinion flagged one wrinkle about the provision itself. The opinion noted that the Eightieth Legislature repealed section 2157.0611 in 2007, and that days later it passed another bill purporting to amend the same section, leaving West's annotations describing the section as repealed while still referencing the later bill in the legislative history. Without resolving that tangle, the opinion assumed for its purposes that section 2157.0611 was currently in effect and answered the school-district question only to that extent.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later Attorney General opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant for those who asked

The House committee chair (as the opinion described it): The opinion answered that the catalog-purchase procedure does not apply to an independent school district, because the relevant subchapter reaches only state agencies under Chapter 2054.

Independent school districts (as the opinion held for them): The opinion treated school districts as local government under Chapter 2054, placing them outside the catalog-purchase procedure in section 2157.0611.

On the statute's status (where the opinion withheld a view): The opinion did not resolve whether section 2157.0611 remained in effect after the 2007 repeal and re-amendment, assuming current effect only for purposes of answering the question, so this page does not confirm the provision's current status.

Common questions

Does a Texas school district have to follow the state catalog-purchase procedure for technology buys?
According to the opinion, no. Section 2157.0611's subchapter applies only to a state agency under Chapter 2054, and a school district is local government, not a state agency, under that chapter.

Why isn't a school district a "state agency" here?
The opinion explained that Chapter 2054 defines "state agency" as an executive or judicial branch entity created by the constitution or a statute, and separately lists a "school district" within "local government."

Did the opinion say section 2157.0611 is still good law?
No. The opinion noted a 2007 repeal followed by a re-amendment and conflicting annotations, and assumed the section was in effect only for purposes of answering the question.

Background and statutory framework

Chapter 2157 of the Government Code concerns governmental purchasing of automated information systems and related items. Tex. Gov't Code Ann. §§ 2157.001-.184 (West 2008 & Supp. 2011). Subchapter B, which contains section 2157.0611, applies "only to a state agency to which Chapter 2054 applies." Id. § 2157.002 (West 2008). Chapter 2054 defines a "state agency" as an executive or judicial branch entity created by the constitution or a statute, including a university system or institution of higher education, id. § 2054.003(13) (West Supp. 2011), and places a "school district" within its definition of "local government," id. § 2054.003(9). The opinion read those definitions together to exclude an independent school district from the catalog-purchase procedure.

Citations

Statutes:

• Tex. Gov't Code Ann. §§ 2157.001-.184 (West 2008 & Supp. 2011)
• Tex. Gov't Code Ann. § 2157.002 (West 2008)
• Tex. Gov't Code Ann. § 2054.003(13) (West Supp. 2011)
• Tex. Gov't Code Ann. § 2054.003(9)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0900
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2011/ga0900.pdf

Original opinion text

Best-effort transcription from the official PDF. Minor extraction artifacts were corrected; the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

December 22, 2011

The Honorable Pete P. Gallego Opinion No. GA-0900
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives Re: Whether Government Code section 2157.0611,
Post Office Box 2910 concerning the procedure for making certain catalog
Austin, Texas 78768-2910 purchases, applies to an independent school district
(RQ-0980-GA)

Dear Representative Gallego:

You ask whether Government Code section 2157.0611, concerning the procedure for making certain catalog purchases, applies to an independent school district.[1]

Chapter 2157 concerns governmental purchasing of automated information systems and related items. TEX. GOV'T CODE ANN. §§ 2157.001-.184 (West 2008 & Supp. 2011). Subchapter B, which would include section 2157.0611, "appl[ies] only to a state agency to which Chapter 2054 [of the Government Code] applies." Id. § 2157.002 (West 2008). Chapter 2054 defines a "state agency" as "a department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education." Id. § 2054.003(13) (West Supp. 2011). Furthermore, chapter 2054 includes a "school district" in its definition of "local government." Id. § 2054.003(9). Under these definitions, a school district is not a state agency subject to chapter 2054 and, therefore, section 2157.0611, to the extent it is currently effective,[2] does not apply to an independent school district.

SUMMARY

The provision for catalog purchases in section 2157.0611 of the Government Code, to the extent that it is currently in effect, does not apply to purchases by an independent school district.

Very truly yours,

GREG ABBOTT
Attorney General of Texas

DANIEL T. HODGE
First Assistant Attorney General

DAVID J. SCHENCK
Deputy Attorney General for Legal Counsel

JASON BOATRIGHT
Chair, Opinion Committee

William A. Hill
Assistant Attorney General, Opinion Committee

[1] See Letter from Honorable Pete P. Gallego, Chair, Committee on Criminal Jurisprudence, Texas House of Representatives, to Honorable Greg Abbott, Attorney General of Texas at 1 (May 5, 2011), https://www.oag.state.tx.us/opin/index_rq.shtml ("Request Letter").

[2] We note that the Eightieth Legislature repealed section 2157.0611 on May 22, 2007. Act of May 22, 2007, 80th Leg., R.S., ch. 1081, § 16, 2007 Tex. Gen. Laws 3703, 3707 ("House Bill 2918"). Five days later, the Legislature enacted a bill stating that it amends two sections of the Government Code pertaining to purchasing methods, one of which was section 2157.0611. Act of May 27, 2007, 80th Leg., R.S., ch. 1354, § 2, 2007 Tex. Gen. Laws 4643, 4643-44 ("House Bill 119"). West's Texas Codes Annotated indicates that section 2157.0611 is a repealed statute, but mentions House Bill 119 in its discussion of legislative history. See TEX. GOV'T CODE ANN. ch. 2157, subch. B historical note (West 2008) [Act of May 22, 2007, 80th Leg., R.S., ch. 1081, § 16, 2007 Tex. Gen. Laws 3703, 3707, repealing Government Code sections 2157.061 to 2157.063]. Without resolving the issue, we assume for purposes of this opinion that section 2157.0611 is currently in effect.