Tex. Local Gov't Code Section 271.004
Real Property and Improvements for School Districts


(a)

The board of trustees of a school district may execute, perform, and make payments under a contract under this Act for the use or purchase or other acquisition of real property or an improvement to real property. If the board proposes to enter into such a contract, the board shall publish notice of intent to enter into the contract not less than 60 days before the date set to approve execution of the contract in a newspaper with general circulation in the district. The notice must summarize the major provisions of the proposed contract. The notice shall estimate the construction and other costs, but the board shall not publish the first advertisement for bids for construction of improvements until 60 days has expired from the publication of the notice of intent to enter into the contract.

(b)

If, within 60 days of the date of publication of the notice of intent required by Subsection (a), a written petition signed by at least five percent of the registered voters of the district is filed with the board of trustees requesting that the board order a referendum on the question of whether the contract should be approved, the board may not approve the contract or publish the first advertisement for bids for construction of improvements unless the question is approved by a majority of the votes received in a referendum ordered and held on the question.

(c)

Except as otherwise provided by this section, the referendum shall be held in accordance with the applicable provisions of the Election Code. The requirement that an election must be held on a uniform election date as prescribed by the Election Code does not apply to an election held under this section.

(d)

The contract is a special obligation of the school district if ad valorem taxes are not pledged to the payment of the contract.

(e)

If the contract provides that payments by the school district are to be made from maintenance taxes previously approved by the voters of the school district and are subject to annual appropriation or are paid from a source other than ad valorem taxes, the payments under the contract shall not be considered payment of indebtedness under Section 26.04 (Submission of Roll to Governing Body; No-new-revenue and Voter-approval Tax Rates)(c), Tax Code.

(f)

All or part of the obligation of the school district may be evidenced by one or more negotiable promissory notes.

(g)

A lease-purchase contract entered into by the district under this section and the records relating to its execution must be submitted to the attorney general for examination as to their validity.

(h)

If the attorney general finds that the contract has been authorized in accordance with the law, the attorney general shall approve them, and the comptroller of public accounts shall register the contract.

(i)

Following approval and registration, the contract is incontestable and is a binding obligation according to its terms.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 752, Sec. 3, eff. Aug. 30, 1993.

Source: Section 271.004 — Real Property and Improvements for School Districts, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­271.­htm#271.­004 (accessed Mar. 23, 2024).

271.001
Short Title
271.002
Purpose
271.003
Definitions
271.004
Real Property and Improvements for School Districts
271.005
Authority to Contract for Personal Property
271.006
Compliance with Other Requirements
271.007
Approved and Registered Contract
271.008
Authorized Investments
271.009
Term of Contract
271.021
Definitions
271.022
Exempt Contract
271.023
Conflict of Laws
271.024
Competitive Procurement Procedure Applicable to Contract
271.025
Advertisement for Bids
271.026
Opening of Bids
271.027
Award of Contract
271.028
Effect of Noncompliance
271.029
Criminal Penalties
271.041
Short Title
271.042
Purpose
271.043
Definitions
271.044
Subchapter Available to Certain Municipalities
271.045
Purposes for Which Certificates May Be Authorized
271.046
Additional Purposes for Certificates
271.047
Authorization of Certificates by Ordinance or Order
271.048
Claims and Accounts
271.049
Notice of Intention to Issue Certificates
271.050
Sale of Certificates
271.051
Certificates as Investments or as Security for Deposits
271.052
Certificates Payable from and Secured by Other Revenues
271.053
Certificates as Debt and Security
271.054
Competitive Procurement Requirement
271.055
Notice to Bidders
271.056
Exemptions from Advertisement Requirement
271.057
Award of Contract
271.058
Authority to Reject Bids
271.059
Contractor’s Bonds
271.060
Change Orders
271.061
Compensation on Unit Price Contracts
271.062
Certain Contracts Not Required to Be in Writing
271.063
Unconstitutional Procedure Corrected by Resolution of Issuer
271.064
Criminal Penalties
271.0065
Additional Competitive Procedures
271.081
Definition
271.082
Purchasing Program
271.083
Local Government Participation
271.091
Definitions
271.092
Agreement with Texas Bond Review Board and Comptroller
271.093
Form of Agreement
271.094
Notice, Deposit of Debt Service, Authorization, and Transmittal
271.095
Right to Pledge Payments
271.096
Administration, Rules, Fees
271.101
Definitions
271.102
Cooperative Purchasing Program Participation
271.103
Federal Supply Schedule Sources
271.151
Definitions
271.152
Waiver of Immunity to Suit for Certain Claims
271.153
Limitations on Adjudication Awards
271.154
Contractual Adjudication Procedures Enforceable
271.155
No Waiver of Other Defenses
271.156
No Waiver of Immunity to Suit in Federal Court
271.157
No Waiver of Immunity to Suit for Tort Liability
271.158
No Grant of Immunity to Suit
271.160
Joint Enterprise
271.181
Definitions
271.182
Applicability
271.186
Limitation on Number of Projects
271.0245
Additional Competitive Procedures
271.0275
Safety Record of Bidder Considered
271.0461
Additional Purpose for Certificates: Demolition of Dangerous Structures or Restoration of Historic Structures
271.0525
Refinancing Certificates Issued by County
271.0565
Pre-bid Conference
271.901
Procedure for Awarding Contract if Municipality or District Receives Identical Bids
271.902
Prohibition of Conflict of Interest in Purchase by Municipality or County from Cooperative Associations
271.903
Commitment of Current Revenue
271.904
Engineering or Architectural Services Contracts: Indemnification Limitations
271.905
Consideration of Location of Bidder’s Principal Place of Business
271.906
Reverse Auction Method of Purchasing
271.907
Vendors that Meet or Exceed Air Quality Standards
271.908
Local Government Contracts with Private Entities for Civil Works Projects and Improvements to Real Property
271.9041
Appraisal Service Contracts
271.9051
Consideration of Location of Bidder’s Principal Place of Business in Certain Municipalities

Accessed:
Mar. 23, 2024

§ 271.004’s source at texas​.gov