Purchasing Department

Statutory Exemptions


The Legislature has provided for certain statutory exemptions that are applicable to Institutions of Higher Education: 
 
Acquisition of Goods and Services
Click on the following link in the Texas Education Code and scroll down to Chapter 51.  See Section 51.9335 for text.
http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9335
Generally, language provides for best value methods of procurement for higher education.  A university may, but is not required to, acquire goods or services as provided by Chapters 2155, 2156, 2157, 2158, 2167, and 2170, Government Code. Language effectively exempts universities from many Texas Building and Procurement Commission purchasing rules, with the exception of purchasing from people with disabilities, contracting with historically underutilized businesses and the procurement of certain professional services.
 
Exemption for Certain Libraries and Health Facilities
Click on the following link in the Texas Government Code, Scroll down to Title 10, Chapter 2155.  See Section 2155.139 for text.
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2155.htm#2155.139
Generally, a library operated as a part of a university system or institution of higher education is exempted from the requirements of Chapter 2155.061 for the purchase of a variety of library goods, services and resources.  However, adherence to institutional purchasing procedures still applies.