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CFH LEGAL

PURCHASING AND ACQUISITION: FINANCING PERSONAL PROPERTY PURCHASES

Definitions

Contract

“Contract” means an agreement entered into under the authority of the Public Property Finance Act, Local Government Code Chapter

271, Subchapter A but does not mean a contract solely for the construction of improvements to real property. Local Gov’t Code

271.003(2)

Personal Property

“Personal property” includes appliances, equipment, facilities, and furnishings, or an interest in personal property, whether movable or fixed, considered by the board to be necessary, useful, or appropriate to one or more purposes of the college district. The term includes all materials and labor incident to the installation of that personal property. The term includes electricity and cloud computing services. The term does not include real property. Local Gov’t Code 271.003(8)

Authority

The governing body of a governmental agency, including a college district, 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, in accordance with the requirements of the Public Property Finance Act.

The governing body of a governmental agency may contract under Local Government Code 271.005 for materials and labor incident to the installation of personal property.

Local Gov’t Code 271.005(a)–(b)

DATE ISSUED: 4/10/2023

LDU 2023.02

CFH(LEGAL)-LJC