By Luna H.B. No. 3560
76R930 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to interagency agreements between agencies of this state
1-3 and agencies of the federal government and other states.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 771.002, Government Code, is amended by
1-6 adding Subdivision (4) to read as follows:
1-7 (4) "State or federal agency" means an agency of:
1-8 (A) this state;
1-9 (B) another state; or
1-10 (C) the federal government.
1-11 SECTION 2. Sections 771.003, 771.004, 771.006, 771.007,
1-12 771.008, and 771.010, Government Code, are amended to read as
1-13 follows:
1-14 Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) An [A
1-15 state] agency of this state may [agree or] contract with a state or
1-16 federal [another state] agency for the provision of necessary and
1-17 authorized services and resources.
1-18 (b) An [A state] agency of this state may not construct a
1-19 highway, road, building, or other structure for a state or federal
1-20 [another] agency under this chapter, except that the Texas
1-21 Department of Transportation may enter into an interagency
1-22 agreement with a state college, university, or public junior
1-23 college for the maintenance, improvement, relocation, or extension
1-24 of existing on-campus streets, parking lots, and access-ways.
2-1 (c) An [A state] agency of this state may not provide
2-2 services or resources to another agency of this state that are
2-3 required by Article XVI, Section 21, of the Texas Constitution to
2-4 be provided under a contract awarded to the lowest responsible
2-5 bidder.
2-6 Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS. (a)
2-7 Before an [a state] agency of this state may provide or receive a
2-8 service or resource under this chapter, the agency must have
2-9 entered into a written [agreement or] contract that has been
2-10 approved by the administrator of each agency that is a party to the
2-11 [agreement or] contract.
2-12 (b) The [agreement or] contract must specify:
2-13 (1) the kind and amount of services or resources to be
2-14 provided;
2-15 (2) the basis for computing reimbursable costs; and
2-16 (3) the maximum cost during the period of the
2-17 agreement or contract.
2-18 (c) A written [agreement or] contract is not required
2-19 between agencies of this state:
2-20 (1) in an emergency for the defense or safety of the
2-21 civil population or in the planning and preparation for those
2-22 emergencies;
2-23 (2) in cooperative efforts, proposed by the governor,
2-24 for the economic development of the state; or
2-25 (3) in a situation in which the amount involved is
2-26 less than $50,000.
2-27 (d) In an interagency exchange that is exempt from the
3-1 requirements of a written [agreement or] contract, the agencies
3-2 involved shall document the exchange through informal letters of
3-3 agreement or memoranda.
3-4 Sec. 771.006. PURCHASES AND SUBCONTRACTS OF SERVICES AND
3-5 RESOURCES. A contract under this chapter may authorize an agency
3-6 of this state providing services and resources to subcontract and
3-7 purchase the services and resources.
3-8 Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS. (a)
3-9 An [A state] agency of this state that receives services or
3-10 resources under this chapter shall reimburse each state or federal
3-11 agency providing the services or resources the actual cost of
3-12 providing the services or resources, or the nearest practicable
3-13 estimate of that cost. Reimbursement is not required if the
3-14 services or resources are provided:
3-15 (1) for national defense or disaster relief; or
3-16 (2) in cooperative efforts, proposed by the governor,
3-17 to promote the economic development of the state.
3-18 (b) An [A state] agency of this state that receives services
3-19 or resources under this chapter may advance federal funds to a
3-20 state or federal agency providing the services or resources if the
3-21 agency receiving the services or resources determines that the
3-22 advance would facilitate the implementation of a federally funded
3-23 program.
3-24 (c) An [A state] agency of this state that receives services
3-25 or resources under this chapter may advance funds to the state or
3-26 federal agency providing the services or resources if an advance is
3-27 necessary to enable the providing agency to provide the services or
4-1 resources. If an advance is made under this section, the agencies
4-2 shall ensure after the services or resources are provided that the
4-3 providing agency has received only sufficient funds to reimburse
4-4 its total costs. An advance of funds is a reimbursement for the
4-5 purpose of Section 771.008.
4-6 Sec. 771.008. REIMBURSEMENT PROCEDURES. (a) An agency of
4-7 this state shall reimburse another [an] agency of this state for
4-8 the services or resources provided with a voucher payable to the
4-9 providing agency or electronically as prescribed by the uniform
4-10 statewide accounting system. The voucher or electronic transfer
4-11 must be drawn on the appropriation item or account of the receiving
4-12 agency from which the agency would ordinarily make expenditures for
4-13 similar services or resources. A receiving agency may authorize a
4-14 providing agency to gain access to the receiving agency's
4-15 appropriation items or accounts for reimbursements under this
4-16 chapter.
4-17 (b) A reimbursement received by an agency of this state for
4-18 services or resources provided under this chapter shall be credited
4-19 to the appropriation items or accounts from which the agency's
4-20 expenditures for the services or resources were made.
4-21 (c) A payment for an intraagency transaction is accounted
4-22 for in the same manner as an interagency transaction or an
4-23 interdivisional transfer of money on the records of the agency,
4-24 subject to the applicable provisions of the General Appropriations
4-25 Act.
4-26 (d) An agency of this state that receives services or
4-27 resources from an agency of another state or the federal government
5-1 shall reimburse each agency providing the services or resources as
5-2 provided by the terms of the contract.
5-3 Sec. 771.010. EXCEEDING AUTHORITY PROHIBITED. An [A state]
5-4 agency of this state may not enter into an agreement or contract
5-5 that requires or permits the agency to exceed its duties and
5-6 responsibilities or the limitations of its appropriated funds.
5-7 SECTION 3. This Act takes effect September 1, 1999.
5-8 SECTION 4. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.