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Restricted Expenditures — Contracts and Bids
Contracts Involving Legislators

A state agency may not enter into or perform 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) passed during the term for which the legislator or former legislator was elected, and
  • The contract is 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 a 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); Opinion of the Texas Attorney General Nos. JM-847 (1988), JM-782 (1987), JM-162 (1984), H-696 (1975), M-801 (1971), M-625 (1970), O-1519 (1939), 2411 (1922); Texas Attorney General 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).