Texas Local Government Code

Sec. § 271.005
Authority to Contract for Personal Property


The governing body of a governmental agency may execute, perform, and make payments under a contract with any person for the use or the purchase or other acquisition of any personal property, or the financing thereof. The contract is an obligation of the governmental agency. The contract may:


be on the terms considered appropriate by the governing body;


be in the form of a lease, a lease with an option or options to purchase, an installment purchase, or any other form considered appropriate by the governing body including that of an instrument which would be required to be approved by the attorney general under Chapter 1202 (Examination and Registration of Public Securities), Government Code, provided that contracts in such form must be approved by the attorney general in accordance with the terms of that chapter;


be for a term approved by the governing body and contain an option or options to renew or extend the term; and


be made payable from a pledge of all or any part of any revenues, funds, or taxes available to the governmental agency for its public purposes.


The governing body of a governmental agency may contract under this section for materials and labor incident to the installation of personal property.


A contract may provide for the payment of interest on the unpaid amounts of the contract at a rate or rates and may contain prepayment provisions, termination penalties, and other provisions determined within the discretion of the governing body. The net effective interest rate on the contract may not exceed the net effective interest rate at which public securities may be issued in accordance with Chapter 1204 (Interest Rate), Government Code. Interest on the unpaid amounts of a contract shall be computed as simple interest.


Subject only to applicable constitutional restrictions, the governing body may obligate taxes or revenues for the full term of a contract for the payment of the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 82, Sec. 1, eff. May 12, 1991; Acts 1993, 73rd Leg., ch. 104, Sec. 3, eff. May 7, 1993; Acts 1999, 76th Leg., ch. 396, Sec. 1.38, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 8.293, eff. Sept. 1, 2001.

Last accessed
Jun. 7, 2021