In Attorney General Opinion KP-0535, the Texas Attorney General addressed questions concerning the interpretation of Section 11.067 of the Texas Education Code, a recently enacted statute governing conflicts of interest in school district contracting. The request focused on the meaning of the phrase “receives a contract” and whether the law applies only to formal procurement processes or also extends to informal purchasing arrangements.
The opinion explains that Section 11.067 creates a criminal offense for certain vendors that bid on or receive contracts from a school district when specified conflicts of interest exist involving school board members or their relatives. The Attorney General concluded that the statute broadly defines “vendor” and encompasses individuals and businesses involved in various types of agreements to provide goods or services to a school district. However, the opinion emphasizes that the law applies only to contracting relationships between a vendor and a school district.
The Attorney General further determined that a vendor may “receive” a contract even outside a formal competitive bidding process. According to the opinion, the phrase is not limited to traditional procurement methods, but it does require that the vendor actively seek or obtain the contract award from the district. As a result, school districts and vendors should carefully evaluate both formal and informal contracting arrangements to ensure compliance with the conflict-of-interest restrictions established by Section 11.067 of the Education Code.
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