Emergency Procurement under TEC Chapter 44 Subchapter B
The Texas Education Code (TEC) addresses flexibility in connection with contract procurement for school districts in certain circumstances, as set out in TEC Sections 44.031(h) and 44.0312(c), which read as follows:
TEC Sec. 44.031(h) If school equipment or a part of a school facility or personal property is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the board of trustees determines that the delay posed by the methods provided for in this section would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment or the part of the school facility may be made by methods other than those required by this section.
TEC Sec. 44.0312(c) Notwithstanding any other provision of this code, in the event of a catastrophe, emergency, or natural disaster affecting a school district, the board of trustees of the district may delegate to the superintendent or designated person the authority to contract for the replacement, construction, or repair of school equipment or facilities under this subchapter if emergency replacement, construction, or repair is necessary for the health and safety of district students and staff.
As a general reference, TEC Section 44.006 addresses the amendment of existing budgets and the adoption of supplementary emergency budgets, as follows:
Sec. 44.006(a) Public funds of the school district may not be spent in any manner other than as provided for in the budget adopted by the board of trustees, but the board may amend a budget or adopt a supplementary emergency budget to cover necessary unforeseen expenses. (b) Any amendment or supplementary budget must be prepared and filed according to rules adopted by the State Board of Education.