Food and Equipment Related to Food Preparation or Storage
A state agency is prohibited from purchasing food, coffee, cream, sugar and similar items employees of or visitors to the agency would consume.
Though an agency may not purchase food for its employees or visitors, an agency may purchase equipment and supplies related to the preparation or storage of food, coffee, cream, sugar and similar items. Examples include:
- Coffee makers
- Dish towels
Note: The Department of Agriculture may use certain funds to purchase food or refreshments for Go Texan promotional events. Also, the Texas Veterans Commission may use appropriated funds to purchase food and beverages for use at outreach and training functions.
See also: Entertainment .
Texas Constitution Article III, Section 51; Article VIII, Section 3; Article XVI, Section 6(a); Opinion of the Texas Attorney General No. C-557 (1965). Terrell v. Middleton, 187 S.W. 367 (Tex. Civ. App.—San Antonio 1916, writ refused); Texas Agriculture Code Section 46.009(a). Texas Agriculture Code Sections 46.001, 46.003, 46.005 (description of the Go Texan Partner Program). Texas Government Code Section 434.0161.
- When a state agency purchases equipment related to food preparation or storage, the agency must document how the purchase is necessary to the accomplishment of a public purpose that is related to the agency’s legal authority or duties.
- When a state agency purchases food for individuals who are not employees of or visitors to the agency, the agency must retain in its files documentation of how the purchase is necessary to the accomplishment of a public purpose that is related to the agency’s legal authority or duties.