H.B. No. 1331




AN ACT
relating to the authority of a junior college district to contract for the provision of certain services and resources under the Interagency Cooperation Act. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 771.002(1), Government Code, is amended to read as follows: (1) "Agency" includes: (A) a department, board, bureau, commission, court, office, authority, council, or institution of state government; (B) a state university or [,] college, a junior college district, or any service or part of a state institution of higher education; (C) a local workforce development board created under Section 2308.253; and (D) any statewide job or employment training program for disadvantaged youth that is substantially financed by federal funds and that was created by executive order not later than December 30, 1986. SECTION 2. Section 771.003, Government Code, is amended to read as follows: Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) An [A state] agency may agree or contract with another [state] agency for the provision of necessary and authorized services and resources. (b) An [A state] agency may not construct a highway, road, building, or other structure for another agency under this chapter, except that the Texas Department of Transportation may enter into an interagency agreement with a state college, university, or public junior college for the maintenance, improvement, relocation, or extension of existing on-campus streets, parking lots, and access-ways. (c) An [A state] agency may not provide services or resources to another agency that are required by Article XVI, Section 21, of the Texas Constitution to be provided under a contract awarded to the lowest responsible bidder. SECTION 3. Section 771.004(a), Government Code, is amended to read as follows: (a) Before an [a state] agency may provide or receive a service or resource under this chapter, the agency must have entered into a written agreement or contract that has been approved by the administrator of each agency that is a party to the agreement or contract. SECTION 4. Section 771.007, Government Code, is amended to read as follows: Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS. (a) An [A state] agency that receives services or resources under this chapter shall reimburse each [state] agency providing the services or resources the actual cost of providing the services or resources, or the nearest practicable estimate of that cost. Reimbursement is not required if the services or resources are provided: (1) for national defense or disaster relief; or (2) in cooperative efforts, proposed by the governor, to promote the economic development of the state. (b) An [A state] agency that receives services or resources under this chapter may advance federal funds to an [a state] agency providing the services or resources if the agency receiving the services or resources determines that the advance would facilitate the implementation of a federally funded program. (c) An [A state] agency that receives services or resources under this chapter may advance funds to the [state] agency providing the services or resources if an advance is necessary to enable the providing agency to provide the services or resources. If an advance is made under this section, the agencies shall ensure after the services or resources are provided that the providing agency has received only sufficient funds to reimburse its total costs. An advance of funds is a reimbursement for the purpose of Section 771.008. SECTION 5. Section 771.010, Government Code, is amended to read as follows: Sec. 771.010. EXCEEDING AUTHORITY PROHIBITED. An [A state] agency may not enter into an agreement or contract that requires or permits the agency to exceed its duties and responsibilities or the limitations of its appropriated funds. SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1331 was passed by the House on April 14, 2005, by the following vote: Yeas 140, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 1331 was passed by the Senate on May 20, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor