(a) Notwithstanding § 2261.001, this subchapter applies to the Texas Department of Transportation and to an institution of higher education acquiring goods or services under § 51.9335 or 73.115, Education Code.
(b) This subchapter does not apply to a contract of the Employees Retirement System of Texas except for a contract with a nongovernmental entity for claims administration of a group health benefit plan under Subtitle H, Title 8, Insurance Code.