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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the approval of the comptroller of public |
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accounts before a state agency may accept federal money. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 10, Government Code, is |
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amended by adding Chapter 2118 to read as follows: |
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CHAPTER 2118. REQUIREMENTS RELATING TO ACCEPTANCE OF FEDERAL MONEY |
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BY STATE AGENCIES |
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Sec. 2118.001. DEFINITION. In this chapter, "state agency" |
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means an agency, department, commission, bureau, board, office, |
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council, court, or other entity that is in any branch of state |
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government and that is created by the constitution or a statute of |
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this state. The term includes an institution of higher education as |
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defined by Section 61.003, Education Code. |
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Sec. 2118.002. REQUEST TO ACCEPT FEDERAL MONEY. (a) Except |
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as provided by Subsection (c), a state agency may not accept federal |
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money unless the agency first submits to the comptroller a request |
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to accept the money and the comptroller approves the request. |
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(b) A request by a state agency under Subsection (a) must |
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include: |
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(1) a detailed description of each condition or |
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limitation that will be imposed on the agency if the agency accepts |
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the money; and |
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(2) an estimate of the cost to implement the |
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conditions and limitations described by Subdivision (1). |
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(c) A state agency is not required to submit a request to the |
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comptroller to accept federal money if: |
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(1) the agency previously submitted a request to |
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accept federal money from the same source and for the same purposes |
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to the comptroller under Subsection (a); |
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(2) the comptroller approved the previously submitted |
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request; and |
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(3) no conditions or limitations other than those |
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described in the previously submitted request will be imposed on |
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the agency if the agency accepts the federal money, as determined by |
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the agency. |
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Sec. 2118.003. COMPTROLLER REVIEW. (a) The comptroller |
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shall review and approve or deny a request received under Section |
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2118.002 as soon as practicable after receipt. |
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(b) The comptroller shall communicate to a state agency the |
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approval or denial of a request submitted by the agency under |
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Section 2118.002 before the passing of any applicable federal |
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deadline regarding receipt of the money of which the comptroller is |
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made aware in the request. |
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Sec. 2118.004. COPY OF REQUEST FOR CERTAIN OFFICIALS. On |
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receipt of a request under Section 2118.002, the comptroller shall |
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provide a copy of the request to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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chairs of the standing legislative committees with primary |
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jurisdiction over appropriations. |
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Sec. 2118.005. RULES. The comptroller shall adopt rules |
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necessary to administer this chapter, including a rule prescribing |
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the form to be used by a state agency for purposes of making a |
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request under Section 2118.002. |
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SECTION 2. Chapter 2118, Government Code, as added by this |
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Act, applies only to federal money made available for receipt by a |
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state agency on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |