By: Truan S.B. No. 1505
A BILL TO BE ENTITLED
AN ACT
1-1 relating to interagency agreements between agencies of this state
1-2 and agencies of the federal government and other states.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 771.002, Government Code, is amended by
1-5 adding Subdivision (4) to read as follows:
1-6 (4) "State or federal agency" means an agency of:
1-7 (A) this state;
1-8 (B) another state; or
1-9 (C) the federal government.
1-10 SECTION 2. Sections 771.003, 771.004, 771.006, 771.007,
1-11 771.008, and 771.010, Government Code, are amended to read as
1-12 follows:
1-13 Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) An [A
1-14 state] agency of this state may [agree or] contract with a
1-15 [another] state or federal agency for the provision of necessary
1-16 and authorized services and resources.
1-17 (b) An [A state] agency of this state may not construct a
1-18 highway, road, building, or other structure for a state or federal
1-19 [another] agency under this chapter, except that the Texas
1-20 Department of Transportation may enter into an interagency
1-21 agreement with a state college, university, or public junior
1-22 college for the maintenance, improvement, relocation, or extension
1-23 of existing on-campus streets, parking lots, and access-ways.
1-24 (c) An [A state] agency of this state may not provide
2-1 services or resources to another agency of this state that are
2-2 required by Article XVI, Section 21, of the Texas Constitution to
2-3 be provided under a contract awarded to the lowest responsible
2-4 bidder.
2-5 Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS.
2-6 (a) Before an [a state] agency of this state may provide or
2-7 receive a service or resource under this chapter, the agency must
2-8 have entered into a written [agreement or] contract that has been
2-9 approved by the administrator of each agency that is a party to the
2-10 [agreement or] contract.
2-11 (b) The [agreement or] contract must specify:
2-12 (1) the kind and amount of services or resources to be
2-13 provided;
2-14 (2) the basis for computing reimbursable costs; and
2-15 (3) the maximum cost during the period of the
2-16 agreement or contract.
2-17 (c) A written [agreement or] contract is not required
2-18 between agencies of this state:
2-19 (1) in an emergency for the defense or safety of the
2-20 civil population or in the planning and preparation for those
2-21 emergencies;
2-22 (2) in cooperative efforts, proposed by the governor,
2-23 for the economic development of the state; or
2-24 (3) in a situation in which the amount involved is
2-25 less than $50,000.
2-26 (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 (e) A contract between an agency of this state and an agency
3-5 of another state or the federal government is subject to the
3-6 approval of the governor. The governor may authorize an agency of
3-7 this state or an employee of the governor's office to approve
3-8 contracts or grants between an agency of this state and an agency
3-9 of another state or the federal government. The governor may
3-10 specify limitations on the authorization to approve contracts or
3-11 grants based on amount, subject matter, or other factors.
3-12 Sec. 771.006. PURCHASES AND SUBCONTRACTS OF SERVICES AND
3-13 RESOURCES. A contract under this chapter may authorize an agency
3-14 of this state providing services and resources to subcontract and
3-15 purchase the services and resources.
3-16 Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS.
3-17 (a) An [A state] agency of this state that receives services or
3-18 resources under this chapter shall reimburse each state or federal
3-19 agency providing the services or resources the actual cost of
3-20 providing the services or resources, or the nearest practicable
3-21 estimate of that cost. Reimbursement is not required if the
3-22 services or resources are provided:
3-23 (1) for national defense or disaster relief; or
3-24 (2) in cooperative efforts, proposed by the governor,
3-25 to promote the economic development of the state.
3-26 (b) An [A state] agency of this state that receives services
4-1 or resources under this chapter may advance federal funds to a
4-2 state or federal agency providing the services or resources if the
4-3 agency receiving the services or resources determines that the
4-4 advance would facilitate the implementation of a federally funded
4-5 program.
4-6 (c) An [A state] agency of this state that receives services
4-7 or resources under this chapter may advance funds to the state or
4-8 federal agency providing the services or resources if an advance is
4-9 necessary to enable the providing agency to provide the services or
4-10 resources. If an advance is made under this section, the agencies
4-11 shall ensure after the services or resources are provided that the
4-12 providing agency has received only sufficient funds to reimburse
4-13 its total costs. An advance of funds is a reimbursement for the
4-14 purpose of Section 771.008.
4-15 Sec. 771.008. REIMBURSEMENT PROCEDURES. (a) An agency of
4-16 this state shall reimburse another [an] agency of this state for
4-17 the services or resources provided with a voucher payable to the
4-18 providing agency or electronically as prescribed by the uniform
4-19 statewide accounting system. The voucher or electronic transfer
4-20 must be drawn on the appropriation item or account of the receiving
4-21 agency from which the agency would ordinarily make expenditures for
4-22 similar services or resources. A receiving agency may authorize a
4-23 providing agency to gain access to the receiving agency's
4-24 appropriation items or accounts for reimbursements under this
4-25 chapter.
4-26 (b) A reimbursement received by an agency of this state for
5-1 services or resources provided under this chapter shall be credited
5-2 to the appropriation items or accounts from which the agency's
5-3 expenditures for the services or resources were made.
5-4 (c) A payment for an intraagency transaction is accounted
5-5 for in the same manner as an interagency transaction or an
5-6 interdivisional transfer of money on the records of the agency,
5-7 subject to the applicable provisions of the General Appropriations
5-8 Act.
5-9 (d) An agency of this state that receives services or
5-10 resources from an agency of another state or the federal government
5-11 shall reimburse each agency providing the services or resources as
5-12 provided by the terms of the contract.
5-13 Sec. 771.010. EXCEEDING AUTHORITY PROHIBITED. An [A state]
5-14 agency of this state may not enter into an agreement or contract
5-15 that requires or permits the agency to exceed its duties and
5-16 responsibilities or the limitations of its appropriated funds.
5-17 SECTION 3. This Act takes effect September 1, 1999.
5-18 SECTION 4. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.