Tennessee § 11-3-112 - Purchasing authority.

§ 11-3-112. Purchasing authority.

Notwithstanding any law to the contrary, the commissioner of environment and conservation has the authority to cause to be purchased and to develop the method for purchasing, without the approval of any other agency of state government, services, raw materials, merchandise for resale, supplies and equipment necessary for provision of quality services for state park operations. This section shall not be construed to allow the department to contract for services previously accomplished for the parks by state employees or for services that could reasonably be expected to be accomplished by state employees. It is the responsibility of the commissioner of environment and conservation to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of park operations are at the lowest possible price while at the same time ensuring quality and timely delivery. The commissioner shall file such policies and procedures with the procurement commission for the commission's review and approval. The commissioner has the authority to purchase supplies and equipment through the department of general services and is encouraged to exercise the option to purchase through the department under title 12, chapter 3, in circumstances which are advantageous for the timely delivery of low cost, quality products. For the purposes of this section, “park operations” means the following facilities at state parks: inns, cabins, restaurants, golf courses, gift shops, marinas, snack bars, and vending machines. No expenditure of public funds pursuant to this section shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d). Acts 2001, ch. 407, §§ 2-4; 2004, ch. 773, § 1; 2011, ch. 295, § 19. Code Commission Notes. Former subsection (e), concerning a report to the general assembly no later than February 1, 2003, on the success for failure of the purchasing authority, was deleted as obsolete by the code commission in 2012. Compiler's Notes. Former § 11-3-112 (Acts 1974, ch. 420, § 1; T.C.A., § 11-311; Acts 1995, ch. 107, § 1), concerning free use of golf courses by older citizens, was repealed by Acts 2000, ch. 950, § 1, effective June 23, 2000. For new law see § 11-3-121 . Attorney General Opinions. T.C.A. § 11-3-112 is not applicable to the proposed transaction, but T.C.A. § 12-2-116 is applicable and provides specific and separate authority for the Tennessee Department of General Services to enter into an agreement for the private redevelopment, construction, and operation of the facilities at Fall Creek Falls State Park. OAG 17-16, 2017 Tenn. AG LEXIS 16 (3/2/2017).