Texas Association of Counties
04/15/2026 | News release | Distributed by Public on 04/15/2026 12:20
Are emergency purchases subject to competitive bidding requirements
| "Competitive bidding under the County Purchasing Act can take a long time, and during a disaster declaration or emergency situations the county can't afford to waste any time. Are there exceptions to the act for emergencies?" |
Are emergency purchases subject to competitive bidding requirements?
No. The commissioners court may, by order, exempt purchases from competitive bidding requirements in cases of public calamity, the need to preserve or protect public health or safety, or unforeseen damage to public property.
A public calamity purchase is necessary when prompt action is required to meet residents' needs or protect county property. Tex. Local Gov't Code ยง262.024(a). The emergency must normally originate from involuntary occurrences and not the voluntary actions of county authorities.
Purchases made to preserve or protect public health and safety do not require a calamity or emergency to have occurred to exempt the purchase from bidding requirements. Tex. Att'y Gen. Op. No. JC-0281 (2000).
For more information, see Procurement Handbook.
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