Article XVI, Section 21 of the Texas Constitution

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As amended November 7, 1978:

All stationery, printing, fuel used in the legislature and departments of the government other than the judicial department, printing and binding of the laws, journals, and department reports, and all other printing and binding and the repairing and furnishing of the halls and rooms used during meetings of the legislature and in committees, except proclamations and such products and services as may be done by handicapped individuals employed in nonprofit rehabilitation facilities providing sheltered employment to the handicapped in Texas, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by law. No member or officer of any department of the government shall in any way have a financial interest in such contracts, and all such contracts or programs involving the state use of the products and services of handicapped individuals shall be subject to such requirements as might be established by the legislature.

Editor Comments

This section, inter alia, requires competitive bidding on certain state contracts.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Director of Dep't of Agric. & Env't v. Printing Indus. Ass'n of Tex., 600 S.W.2d 264, 268 (Tex. 1980) ("Under Art. XVI, § 21 the general intent of the framers was to require competitive bidding for the State's printing needs which must be performed under contract with private printers. Indeed, the State's authority to satisfy its own printing needs is implicit . . . . The only express prohibition contained in this constitutional provision is directed toward State printing contracts which are not awarded by competitive bid. The reference in the provision to the Deaf and Dumb Asylum, reveals a specific intent to encourage the teaching of printing skills in that institution, and to make the institution self-sufficient.")
  • State v. Steck Co., 236 S.W.2d 866, 869 (Tex.Civ.App.–Austin 1951, ref'd) ("It is clear that the stamps were delivered to the State, and its possession of them was by virtue of the contract and not by virtue of a taking . . . . The State, by its Constitution and statute, has limited the right of its officers to make contracts for the printing of cigarette tax stamps to the manner therein prescribed and specified. And since the officers representing the State did not follow the prescribed and specified steps in making the contract the State was not bound. Authorities, supra. And since no legal liability exists against the State by reason of the unenforcible contract, Art. I, Sec. 19, of the Constitution was not violated.")

Library Resources

Online Resources