SECTION 391.105. Exceptions

(a) This chapter does not apply to:

(1) the lease, purchase, or lease-purchase of real property;

(2) interstate or international agreements executed in accordance with applicable law;

(3) an agreement under the Interagency Cooperation Act, Texas Government Code, Chapter 771;

(4) an agreement under the Interlocal Cooperation Act, Texas Government Code, Chapter 791; or

(5) the award of a grant when the substance of the transaction refers to either:

(A) an expenditure of funds from the State Treasury to a person or entity that does not provide consideration or a benefit to the state in exchange for the funds as defined in the Texas Comptroller's Texas Grant Management Standards or its successor, or

(B) a subaward provided to a subrecipient to carry out part of a federal award received by the pass-through entity as defined in the Code of Federal Regulations, Title 2 §200.1, or its successor.

(b) Subchapter B of this chapter (relating to Procurement and Special Contracting Methods) does not apply to the purchase of common goods and services delegated to HHSC and each health and human services agency by the Comptroller for the direct consumption or use in the day-to-day support of administrative operations.

Source Note: The provisions of this §391.105 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732