1-1 By: Truan S.B. No. 1505
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 19, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; April 19, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-7 Amend S.B. No. 1505 by adding a new Subsection (e) to Section
1-8 771.004, on line 9 of page 2 of the bill, to read as follows:
1-9 (e) A contract between an agency of this state and an agency
1-10 of another state or the federal government is subject to the
1-11 approval of the governor. The governor may authorize an agency of
1-12 this state or an employee of the governor's office to approve
1-13 contracts or grants between an agency of this state and an agency
1-14 of another state or the federal government. The governor may
1-15 specify limitations on the authorization to approve contracts or
1-16 grants based on amount, subject matter, or other factors.
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to interagency agreements between agencies of this state
1-20 and agencies of the federal government and other states.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 771.002, Government Code, is amended by
1-23 adding Subdivision (4) to read as follows:
1-24 (4) "State or federal agency" means an agency of:
1-25 (A) this state;
1-26 (B) another state; or
1-27 (C) the federal government.
1-28 SECTION 2. Sections 771.003, 771.004, 771.006, 771.007,
1-29 771.008, and 771.010, Government Code, are amended to read as
1-30 follows:
1-31 Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) An [A
1-32 state] agency of this state may [agree or] contract with a
1-33 [another] state or federal agency for the provision of necessary
1-34 and authorized services and resources.
1-35 (b) An [A state] agency of this state may not construct a
1-36 highway, road, building, or other structure for a state or federal
1-37 [another] agency under this chapter, except that the Texas
1-38 Department of Transportation may enter into an interagency
1-39 agreement with a state college, university, or public junior
1-40 college for the maintenance, improvement, relocation, or extension
1-41 of existing on-campus streets, parking lots, and access-ways.
1-42 (c) An [A state] agency of this state may not provide
1-43 services or resources to another agency of this state that are
1-44 required by Article XVI, Section 21, of the Texas Constitution to
1-45 be provided under a contract awarded to the lowest responsible
1-46 bidder.
1-47 Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS.
1-48 (a) Before an [a state] agency of this state may provide or
1-49 receive a service or resource under this chapter, the agency must
1-50 have entered into a written [agreement or] contract that has been
1-51 approved by the administrator of each agency that is a party to the
1-52 [agreement or] contract.
1-53 (b) The [agreement or] contract must specify:
1-54 (1) the kind and amount of services or resources to be
1-55 provided;
1-56 (2) the basis for computing reimbursable costs; and
1-57 (3) the maximum cost during the period of the
1-58 agreement or contract.
1-59 (c) A written [agreement or] contract is not required
1-60 between agencies of this state:
1-61 (1) in an emergency for the defense or safety of the
1-62 civil population or in the planning and preparation for those
1-63 emergencies;
2-1 (2) in cooperative efforts, proposed by the governor,
2-2 for the economic development of the state; or
2-3 (3) in a situation in which the amount involved is
2-4 less than $50,000.
2-5 (d) In an interagency exchange that is exempt from the
2-6 requirements of a written [agreement or] contract, the agencies
2-7 involved shall document the exchange through informal letters of
2-8 agreement or memoranda.
2-9 Sec. 771.006. PURCHASES AND SUBCONTRACTS OF SERVICES AND
2-10 RESOURCES. A contract under this chapter may authorize an agency
2-11 of this state providing services and resources to subcontract and
2-12 purchase the services and resources.
2-13 Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS.
2-14 (a) An [A state] agency of this state that receives services or
2-15 resources under this chapter shall reimburse each state or federal
2-16 agency providing the services or resources the actual cost of
2-17 providing the services or resources, or the nearest practicable
2-18 estimate of that cost. Reimbursement is not required if the
2-19 services or resources are provided:
2-20 (1) for national defense or disaster relief; or
2-21 (2) in cooperative efforts, proposed by the governor,
2-22 to promote the economic development of the state.
2-23 (b) An [A state] agency of this state that receives services
2-24 or resources under this chapter may advance federal funds to a
2-25 state or federal agency providing the services or resources if the
2-26 agency receiving the services or resources determines that the
2-27 advance would facilitate the implementation of a federally funded
2-28 program.
2-29 (c) An [A state] agency of this state that receives services
2-30 or resources under this chapter may advance funds to the state or
2-31 federal agency providing the services or resources if an advance is
2-32 necessary to enable the providing agency to provide the services or
2-33 resources. If an advance is made under this section, the agencies
2-34 shall ensure after the services or resources are provided that the
2-35 providing agency has received only sufficient funds to reimburse
2-36 its total costs. An advance of funds is a reimbursement for the
2-37 purpose of Section 771.008.
2-38 Sec. 771.008. REIMBURSEMENT PROCEDURES. (a) An agency of
2-39 this state shall reimburse another [an] agency of this state for
2-40 the services or resources provided with a voucher payable to the
2-41 providing agency or electronically as prescribed by the uniform
2-42 statewide accounting system. The voucher or electronic transfer
2-43 must be drawn on the appropriation item or account of the receiving
2-44 agency from which the agency would ordinarily make expenditures for
2-45 similar services or resources. A receiving agency may authorize a
2-46 providing agency to gain access to the receiving agency's
2-47 appropriation items or accounts for reimbursements under this
2-48 chapter.
2-49 (b) A reimbursement received by an agency of this state for
2-50 services or resources provided under this chapter shall be credited
2-51 to the appropriation items or accounts from which the agency's
2-52 expenditures for the services or resources were made.
2-53 (c) A payment for an intraagency transaction is accounted
2-54 for in the same manner as an interagency transaction or an
2-55 interdivisional transfer of money on the records of the agency,
2-56 subject to the applicable provisions of the General Appropriations
2-57 Act.
2-58 (d) An agency of this state that receives services or
2-59 resources from an agency of another state or the federal government
2-60 shall reimburse each agency providing the services or resources as
2-61 provided by the terms of the contract.
2-62 Sec. 771.010. EXCEEDING AUTHORITY PROHIBITED. An [A state]
2-63 agency of this state may not enter into an agreement or contract
2-64 that requires or permits the agency to exceed its duties and
2-65 responsibilities or the limitations of its appropriated funds.
2-66 SECTION 3. This Act takes effect September 1, 1999.
2-67 SECTION 4. The importance of this legislation and the
2-68 crowded condition of the calendars in both houses create an
2-69 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
3-3 * * * * *