Untitled Texas Attorney General Opinion ( 1980 )

The Attorney General of Texas
January 28, 1980
MARK WHITE
Attorney General
Honorable Albert Brown, Chairman Opinion No. NW-132
Committee on Constitutional
Amendments Re: Whether the competitive
House of Representatives bidding requirements of article
Austin, Texas 23684 V.T.C.S., apply to housing
authorities.
Dear Representative Brown:
You ask whether article 2368a, V.T.C.S., applies to housing authorities.
Article 2368a, V.T.C.S., requires cities and counties to let certain contracts
on competitive bids and sets out notice requirements. A housing authority is
created in each city by article 1269k, V.T.C.S. It may not exercise its
powers unless the governing body of the city declares a need for it to
function. Article 1269k, V.T.C.S., does not include sny requirement of
competitive bidding.
Texas courts have stated that a housing authority is a division of the
city within which it exists. Aetna Casualty and Surety Company v. Glidden
a, 283 S.W.2d 440 (Tex.x
rounds 291 S.W.2d 315 (Tex. 1956); M&s v. Housimz Autho&y
if---
.W.2d 487 (Tex. Civ. App. - Daii~~ .
266 S.W.2d 842 (Tex. 1954). Miers v.‘Hx
involved the condemnation of land by
that article 3268, V.T.C.S., exempting m