A.G. Opinion. Contracting. Higher Ed. 3 Procurement Points to Know.

Can a higher education institution enter into a contract with a business entity in which an institution’s board member, or family, has an interest?  NO

What light does Chairman Jane Nelson’s opinion request shed? That Nelson’s Senate Bill 20 (2015) prohibits these contracts

What‘s the hoopla about to cause an attorney general opinion to be required?

• Whether Senate Bill 20’s changes to chapter 2261 of the Government Code conflict with section 51.923(d), Education Code, which says these contracts are A-OK.
• This statutory conflict is between SB 20’s prohibitions on contracting power and the Education Code’s granting contracting power
• The Attorney General finds SB 20’s language specific and express 
  • Specific & Express are important because specific statutes trump general statutes

What could you do to get the opposite result?

• Make the Education Code more specific
• Remove the specificity and express refeences to higher education in chapter 2261, Government Code

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