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eXpendit

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Contracts and Bids
Contracts Involving Legislators

A state agency is prohibited from entering into or performing a contract if:

  • A legislator or a former legislator is directly or indirectly interested in the contract.
  • The contract was authorized by any law (including an appropriation used to fund a contract) that was passed during the term for which the legislator or former legislator was elected.
    – and –
  • The contract was entered into while the legislator or former legislator held office.

If a state agency enters into a contract in violation of these prohibitions, the contract is illegal, void and unenforceable. No payments may be made under the contract, even if the payments would be made after the legislator has left office.

See also: Honoraria and Speaking Fees.

Sources [+]

Texas Constitution, Article III, Sections 18, 44, 51; Damon v. Cornett, 781 S.W.2d 597, 599 (Tex. 1989); Texas attorney general opinions/letter opinions JM-847 (1988), JM-782 (1987), JM-162 (1984), H-696 (1975), M-801 (1971), M-625 (1970), O-1519 (1939), 2411 (1922), LO-95-33 (1995), LO-89-72 (1989). See Washington v. Walker County, 708 S.W.2d 493, 496 (Tex. App.—Houston [1st Dist.] 1986, no writ).