By Junell H.B. No. 1409
77R5216 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain restrictions on the authority of a regional
1-3 planning commission, a council of governments, or a similar
1-4 regional planning agency to contract to administer or collect a fee
1-5 for administering federal funds.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 391.005(a), Local Government Code, is
1-8 amended to read as follows:
1-9 (a) A commission may contract with a participating
1-10 governmental unit to perform a service if:
1-11 (1) the participating governmental unit could contract
1-12 with a private organization without governmental powers to perform
1-13 the service; [and]
1-14 (2) the contract to perform the service does not
1-15 impose a cost or obligation on a participating governmental unit
1-16 not a party to the contract; and
1-17 (3) the contract to perform the service is not for the
1-18 administration of federal funds, including community development
1-19 block grant funds, awarded through a competition between two or
1-20 more of the commission's participating governmental units.
1-21 SECTION 2. Section 2306.098, Government Code, is amended by
1-22 adding Subsection (c) to read as follows:
1-23 (c) A regional planning commission, a council of
1-24 governments, or a similar regional planning agency created under
2-1 Chapter 391, Local Government Code, may not collect a fee for
2-2 administering community development block grant program funds
2-3 allocated to eligible counties and municipalities.
2-4 SECTION 3. This Act takes effect September 1, 2001.