Chapter 5: Use of Private Consultants
Anchor: #i999265Section 1: Overview
Anchor: #i999271Private Consultants
Private consultants study and advise state agencies through a contract that does not involve the traditional relationship of employer and employee. Tex. Gov’t Code §2254.021.
The distinction between statutorily defined professional services and private consultant services does not imply that private consultants do not render services of a professional nature. The distinction is in the legal definition and not in the quality of service.
Examples of private consultant work are studies of:
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- a TxDOT function, Anchor: #CQWXMDYK
- how TxDOT should implement legislation, and Anchor: #LQCOCNBD
- how TxDOT can save money.
Professional Services
A professional service is defined by Texas Government Code §2254.002(2)(A) as a service provided by a licensed professional in one of the following fields provided in connection with the professional employment or practice of a person who is licensed to provide the following services:
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- accounting, Anchor: #LTSNLILP
- architecture, Anchor: #YKDVEJID
- landscape architecture, Anchor: #SPHLURVE
- land surveying, Anchor: #OBJITDGK
- medicine, Anchor: #MJWMDAOL
- optometry, Anchor: #HGXJHMWT
- professional engineering, Anchor: #HQGUXEYE
- real estate appraising, Anchor: #DTBTFHET
- professional nursing, or Anchor: #EWHTHNHI
- forensic science.
Exemptions
According to Texas Government Code §2254.024, a private consultant contract does not apply to the professional services listed above. In addition, private consultant contracts do not apply to:
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- private legal counsel, Anchor: #BJDUXOXW
- investment counselors, Anchor: #EYMQMUMM
- actuaries, Anchor: #YEKHYTGI
- medical and dental services.
Specific Authority
The statutory authority for TxDOT to enter into a contract with a private consultant is contained in the Texas Government Code, ch. 2254, subch. B; Title 34 Texas Admin. Code §5.54.