CHAPTER 751. OFFICE OF STATE-FEDERAL RELATIONS
GOVERNMENT CODE
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 751. OFFICE OF STATE-FEDERAL RELATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 751.001. DEFINITIONS. In this chapter:
(1) "Board" means the Office of State-Federal Relations Advisory
Policy Board.
(2) "Director" means the director of the Office of State-Federal
Relations.
(3) "Office" means the Office of State-Federal Relations.
(4) "State agency" means a state board, commission, department,
institution, or officer having statewide jurisdiction, including
a state college or university.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991.
Sec. 751.002. OFFICE OF STATE-FEDERAL RELATIONS. (a) The
Office of State-Federal Relations is an agency of the state and
operates within the executive department. The office is
administratively attached to the office of the governor. The
governor's office shall provide human resources and other
administrative support for the office. The office is funded by
appropriations made to the office of the governor.
(b) The office is subject to the administrative procedure law,
Chapter 2001.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991; Acts 1995, 74th Leg., ch. 306, Sec. 2,
eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 1, eff. September 1, 2009.
Sec. 751.003. SUNSET PROVISION. The Office of State-Federal
Relations is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the office is
abolished and this chapter expires September 1, 2015.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 17,
Sec. 2.24, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 306,
Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 2.08(a), eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 2, eff. September 1, 2009.
Sec. 751.004. APPOINTMENT AND TERM OF DIRECTOR. (a) The
governor, with the advice and consent of the senate, shall
appoint a director of the office.
(b) The director serves at the pleasure of the governor.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991.
Sec. 751.005. GENERAL POWERS AND DUTIES OF OFFICE. (a) The
office shall exercise the powers and carry out the duties
prescribed by this section in order to act as a liaison from the
state to the federal government.
(b) The office shall:
(1) help coordinate state and federal programs dealing with the
same subject;
(2) inform the governor and the legislature of federal programs
that may be carried out in the state or that affect state
programs;
(3) provide federal agencies and the United States Congress with
information about state policy and state conditions on matters
that concern the federal government;
(4) provide the legislature with information useful in measuring
the effect of federal actions on the state and local programs;
(5) prepare and supply to the governor and all members of the
legislature an annual report that:
(A) describes the office's operations;
(B) contains the office's priorities and strategies for the
following year;
(C) details projects and legislation pursued by the office;
(D) discusses issues in the following congressional session of
interest to this state; and
(E) contains an analysis of federal funds availability and
formulae;
(6) prepare annually a complete and detailed written report
accounting for all funds received and disbursed by the office
during the preceding fiscal year;
(7) notify the governor, the lieutenant governor, the speaker of
the house of representatives, and the legislative standing
committees in each house with primary jurisdiction over
intergovernmental affairs of federal activities relevant to the
state and inform the Texas congressional delegation of state
activities;
(8) conduct frequent conference calls with the lieutenant
governor and the speaker of the house of representatives or their
designees regarding state-federal relations and programs;
(9) respond to requests for information from the legislature,
the United States Congress, and federal agencies;
(10) coordinate with the Legislative Budget Board regarding the
effects of federal funding on the state budget; and
(11) report to, and on request send appropriate representatives
to appear before, the legislative standing committees in each
house with primary jurisdiction over intergovernmental affairs.
(c) The office may maintain office space at locations inside and
outside the state as chosen by the office.
(d) The annual report required under Subsection (b)(6) must meet
the reporting requirements applicable to financial reporting
provided in the General Appropriations Act.
(e) The report required under Subsection (b)(5) must include an
evaluation of the performance of the office based on performance
measures that are developed by the board.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991; Acts 1995, 74th Leg., ch. 306, Sec. 3,
eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 4, eff. September 1, 2009.
Sec. 751.006. STAFF; PERSONNEL POLICIES. (a) The director may
employ staff necessary to carry out the director's powers and
duties under this chapter. The director or the director's
designee shall provide to office employees, as often as
necessary, information regarding their qualification for
employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state
employees.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(1),
eff. September 1, 2009.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(1),
eff. September 1, 2009.
(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(1),
eff. September 1, 2009.
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(1),
eff. September 1, 2009.
(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(1),
eff. September 1, 2009.
(g) The director and the staff of the office working in
Washington, D.C., may receive a cost-of-living salary adjustment.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991; Acts 1995, 74th Leg., ch. 306, Sec. 4,
eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 7(1), eff. September 1, 2009.
Sec. 751.007. LOBBYIST RESTRICTION. A person required to
register as a lobbyist under Chapter 305 may not act as general
counsel of the office.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991.
Sec. 751.008. PUBLIC INFORMATION AND COMPLAINTS. (a) The
director shall:
(1) prepare information of public interest describing the
functions of the office and the procedures by which complaints
are filed with and resolved by the office and make the
information available to the public and appropriate state
agencies; and
(2) establish methods by which consumers and service recipients
are notified of the name, mailing address, and a telephone number
of the office for the purpose of directing complaints to the
office.
(b) The office shall keep information about each complaint filed
with the office. The information shall include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) for complaints for which the office took no action, an
explanation of the reason the complaint was closed without
action.
(c) The office shall keep a file about each written complaint
filed with the office that the office has authority to resolve.
The office shall provide to the person filing the complaint and
the persons or entities complained about the office's policies
and procedures pertaining to complaint investigation and
resolution. The office, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and the persons or entities complained about of the
status of the complaint unless the notice would jeopardize an
undercover investigation.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991; Acts 1995, 74th Leg., ch. 306, Sec. 5,
eff. Sept. 1, 1995.
Sec. 751.009. CONTRIBUTIONS. (a) The office may accept
contributions that the office determines will further the
objectives of the office.
(b) A contribution may not be used to pay any part of the
compensation of a person who is an officer or employee of the
office on the date the office receives the contribution.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec.
8.01, eff. Aug. 22, 1991.
Sec. 751.010. OFFICE OF STATE-FEDERAL RELATIONS ADVISORY POLICY
BOARD. (a) The Office of State-Federal Relations Advisory
Policy Board consists of:
(1) the governor;
(2) the lieutenant governor; and
(3) the speaker of the house of representatives.
(b) A member of the board may designate a person to perform the
member's duties on the board.
(c) The board, by majority vote, shall select a presiding
officer of the board.
(d) A majority of the members of the board constitutes a quorum
to transact business.
(e) The board shall meet before the beginning of each
congressional session and at the call of the presiding officer.
(f) The board shall work with the director to hold periodic
meetings in the city of Austin at times determined by the
presiding officer to discuss upcoming federal activities and
issues with state agency representatives.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 8.01, eff.
Aug. 22, 1991. Amended by Acts 1995, 74th Leg., ch. 306, Sec. 6,
eff. Sept. 1, 1995.
Sec. 751.011. BOARD DUTIES. The board shall review the office's
priorities and strategies set forth in the annual report and
deliver to the director any suggested modifications.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 8.01, eff.
Aug. 22, 1991. Amended by Acts 1995, 74th Leg., ch. 306, Sec. 7,
eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 785, Sec. 21, eff.
Sept. 1, 2003.
Sec. 751.012. INTERAGENCY CONTRACTS. (a) The office may enter
into interagency contracts with other state agencies to locate
staff of the other state agency in Washington, D.C., to work
under the supervision of the director and shall coordinate
activities conducted on behalf of the other agency with those of
the office.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(2),
eff. September 1, 2009.
(c) A contract under this section must include provisions under
which staff of the other state agency:
(1) report directly to that agency's administrative head or the
presiding officer of that agency's governing body;
(2) have an officially recognized role in that agency's budget
planning process; and
(3) provide periodic updates of activities at meetings of that
agency's governing body.
(d) Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(1).
(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(2),
eff. September 1, 2009.
(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1214, Sec. 7(2),
eff. September 1, 2009.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 8.01, eff.
Aug. 22, 1991. Amended by Acts 1995, 74th Leg., ch. 306, Sec. 8,
eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 785, Sec. 22,
75(1), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 7(2), eff. September 1, 2009.
Sec. 751.015. CONTRACTS BETWEEN OFFICE AND CONSULTANTS. (a) If
the office elects to contract with federal-level government
relations consultants, the office shall adopt written procedures
for those contracts. The procedures must include:
(1) guidelines regarding contract management;
(2) a competitive procurement process and method to assess the
effectiveness of a prospective consultant;
(3) a technique for assigning a value to a prospective
consultant's ability to provide services at a reasonable price
and level of experience;
(4) a process for determining a prospective consultant's ability
to work with influential members of the United States Congress
and serve as an effective advocate on behalf of the state; and
(5) a method to verify that the interests of a prospective
consultant or the consultant's other clients do not create a
conflict of interest that may jeopardize the state's interest.
(b) A contract between the office and a federal-level government
relations consultant must include:
(1) an agreement regarding the goals of the service to be
provided by the consultant and targeted performance measures;
(2) a provision governing the manner in which the contract may
be terminated by the parties to the contract; and
(3) a provision allowing the office, the state auditor's office
as provided by Section 2262.003, and other specified oversight
entities to audit the contractor's performance under the
contract.
(c) All three members of the board must sign any contract
between the office and a federal-level government relations
consultant.
Added by Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 6, eff. September 1, 2009.
Sec. 751.016. CONTRACTS BY STATE AGENCIES OR POLITICAL
SUBDIVISIONS. (a) In this section, "political subdivision"
includes a river authority.
(b) An agency or political subdivision of the state shall report
to the office on any contract between the agency or subdivision
and a federal-level government relations consultant. A state
agency or political subdivision shall submit one report under
this section not later than the 30th day after the date the
contract is executed and a second report not later than the 30th
day after the date the contract is terminated. The report must
include:
(1) the name of the consultant or consulting firm;
(2) the issue on which the consultant was hired to consult; and
(3) the amount of compensation paid or to be paid to the
consultant under the contract.
(b-1) A state agency or political subdivision contracting with a
federal-level government relations consultant before September 1,
2009, shall, if the contract has not terminated before that date,
submit a report as required by Subsection (b) not later than
September 30, 2009. This subsection expires September 1, 2010.
(c) If a state agency contracts with a federal-level government
relations consultant and the consultant subcontracts the work to
another firm or individual, the state agency shall report the
subcontract to the office.
(d) This section does not apply to a political subdivision whose
federal-level government relations consultant is required by
other law to disclose, report, and make available the information
required by Subsection (b) to:
(1) the public; and
(2) a federal or state entity.
Added by Acts 2009, 81st Leg., R.S., Ch.
1214, Sec. 6, eff. September 1, 2009.
SUBCHAPTER B. FEDERAL FUNDS MANAGEMENT
Sec. 751.021. DEFINITION. In this subchapter "federal formula
funds" means only those funds coming to the state based on
federal funding formulas or as otherwise legislated by congress,
excluding those funds known as federal discretionary grant funds.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 8.01, eff.
Aug. 22, 1991. Amended by Acts 1995, 74th Leg., ch. 306, Sec. 11,
eff. Sept. 1, 1995.
Sec. 751.022. POWERS AND DUTIES. (a) The office has primary
responsibility for monitoring, coordinating, and reporting on the
state's efforts to ensure receipt of an equitable share of
federal formula funds.
(b) The office shall:
(1) serve as the state's clearinghouse for information on
federal formula funds;
(2) prepare reports on federal funds and earned federal formula
funds;
(3) analyze proposed and pending federal and state legislation
to determine whether the legislation would have a significant
negative effect on the state's ability to receive an equitable
share of federal formula funds;
(4) make recommendations for coordination between state agencies
and local governmental entities and between state agencies; and
(5) adopt rules under the rule-making procedures of the
administrative procedure law, Chapter 2001, Government Code, as
necessary to carry out the responsibilities assigned by this
subchapter.
(c) The office shall annually prepare a comprehensive report to
the legislature on the effectiveness of the state's efforts to
ensure a receipt of an equitable share of federal formula funds
for the preceding federal fiscal year. The report must include:
(1) an executive summary that provides an overview of the major
findings and recommendations included in the report;
(2) a comparative analysis of the state's receipt of federal
formula funds relative to other states, prepared using the best
available sources of data;
(3) an analysis of federal formula funding trends that may have
a significant effect on resources available to the state; and
(4) recommendations, developed in consultation with the
Legislative Budget Board, the Governor's Office of Budget and
Planning, and the comptroller, for any state legislative or
administrative action necessary to increase the state's receipt
of federal formula funds.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 8.01, eff.
Aug. 22, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(50), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 306, Sec.
12, eff. Sept. 1, 1995.
Sec. 751.023. AGENCY COMMUNICATIONS. A state agency shall, to
the extent practicable, contact the office before the agency
provides information to a federal agency or to the United States
Congress about state policy or conditions. This section does not
apply to a state agency that is headed by a statewide-elected
official.
Added by Acts 1995, 74th Leg., ch. 306, Sec. 13, eff. Sept. 1,
1995.