How do other Counties view the interplay, if any, between the Professional Services Procurement Act and the County Procurement Act, Local Gov. Code Chapter 262? Specifically, do any counties view professional services, once selected under TEX. GOV’T CODE § 2254, et. seq., as falling under the Procurement Act, Chapter 262, Local Government Code?

For example, TEX. LOC. GOV’T CODE § 262.031 allows commissioners court to grant general authority to designate an employee to approve change orders due to a changes in plans, specifications, etc. Without express legislative authority, a commissioners court may not delegate its powers requiring the exercise of judgment and discretion.

If professional services fall under the County Procurement Act, once selected, then the Commissioners Court can delegate such authority. It is unclear, however, whether professional services, once selected under TEX. GOV’T CODE § 2254, et. seq., fall under the County Procurement Act. How are other Counties interpreting this? Thanks.

We do not authorize someone other than Commissioners Court. We meet every week. But the problem is that no one wants to be on the hook for explaining why they approved something that the Court now wants to second guess.
The change order percentages do not apply to certain kinds of professional contracts. The classic one would be an attorney hourly fee contract. Its over when its over.
On the whole we tend to not allow the professional services to fall under Chapter 262.

Thanks.