Tex. Codes » Transportation Code · TITLE 6. ROADWAYS · SUBTITLE K. MASS TRANSPORTATION · CHAPTER 452. REGIONAL TRANSPORTATION AUTHORITIES
Texas Codes

Tex. Transp. Code § 452.106 (2026)

Procurement Rules

✓ current as of May 2026
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Sec. 452.106. PROCUREMENT RULES. (a) The executive committee may adopt and enforce procurement procedures, guidelines, and rules:

(1) defining the terms in and implementing Sections 452.107 and 452.108(a) and (b); or

(2) covering:

(A) the appointment of contracting officers;

(B) the solicitation for and award of contracts, including the electronic transmission of bids and proposals and the use of the reverse auction procedure, as defined by Section 2155.062, Government Code;

(C) the resolution of protests and contract disputes;

(D) foreign currency transactions and conversions and foreign exchange rate risk management; or

(E) other aspects of the procurement process for domestic and international contracts.

(b) Sections 452.107 and 452.108(a) and (b) and the procedures, guidelines, or rules adopted under this section confer no rights on an actual or potential bidder, offeror, contractor, or other person except as expressly stated in the procedures, guidelines, or rules.

(c) A procurement procedure, guideline, or rule covering the electronic transmission of bids and proposals must provide:

(1) for the identification, security, and confidentiality of an electronic bid or proposal;

(2) that an electronic bid or proposal is not required to be sealed; and

(3) that an electronic bid or proposal remains effectively unopened until the appropriate time.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 63, Sec. 1, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 2 cases, 2004–2004 · leading case: Martin K. Eby Constr. Co., Inc. v. Dallas Area Rapid Transit, 369 F.3d 464 (5th Cir. 2004).
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Martin K. Eby Constr. Co., Inc. v. Dallas Area Rapid Transit, 369 F.3d 464 (5th Cir. 2004). · cites it 2× “” Tex. TRANSp. Code Ann. § 452.106 (a)(2)(C) (Vernon 1999).”
Martin K Eby Const v. Dallas Area Rapid (5th Cir. 2004). “Further, while Eby focuses heavily on the apparent waiver of governmental immunity in DART’s enabling legislation, it ignores the fact that the very same legislation also explicitly delegated to DART the power to “adopt and enforce” dispute-resolution procedures, TEX. TRANSP.…”
Tex. Transp. Code § 452.106(a)(2)(C): 1 case
Martin K Eby Const v. Dallas Area Rapid (5th Cir. 2004). “Further, while Eby focuses heavily on the apparent waiver of governmental immunity in DART’s enabling legislation, it ignores the fact that the very same legislation also explicitly delegated to DART the power to “adopt and enforce” dispute-resolution procedures, TEX. TRANSP.…”
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