CHAPTER 771. INTERAGENCY COOPERATION ACT
GOVERNMENT CODE
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 771. INTERAGENCY COOPERATION ACT
Sec. 771.001. SHORT TITLE. This chapter may be cited as the
Interagency Cooperation Act.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Sec. 771.002. DEFINITIONS. In this chapter:
(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.
(2) "Resources" means materials and equipment.
(3) "Services" means special or technical services, including
the services of employees.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.11(a),
eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 684, Sec. 53, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1004, Sec. 3, eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
564, Sec. 1, eff. June 17, 2005.
Sec. 771.003. AUTHORITY TO CONTRACT; EXCEPTIONS. (a) An agency
may agree or contract with another agency for the provision of
necessary and authorized services and resources.
(b) An 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 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.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.11(b),
eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 165, Sec. 22(40),
eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
564, Sec. 2, eff. June 17, 2005.
Sec. 771.004. CONTRACT REQUIREMENTS; EXCEPTIONS. (a) Before an
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.
(b) The agreement or contract must specify:
(1) the kind and amount of services or resources to be provided;
(2) the basis for computing reimbursable costs; and
(3) the maximum cost during the period of the agreement or
contract.
(c) A written agreement or contract is not required:
(1) in an emergency for the defense or safety of the civil
population or in the planning and preparation for those
emergencies;
(2) in cooperative efforts, proposed by the governor, for the
economic development of the state; or
(3) in a situation in which the amount involved is less than
$50,000.
(d) In an interagency exchange that is exempt from the
requirements of a written agreement or contract, the agencies
involved shall document the exchange through informal letters of
agreement or memoranda.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.11(b),
eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 684, Sec. 54, 55,
eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
564, Sec. 3, eff. June 17, 2005.
Sec. 771.006. PURCHASES AND SUBCONTRACTS OF SERVICES AND
RESOURCES. A contract under this chapter may authorize an agency
providing services and resources to subcontract and purchase the
services and resources.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.11(b),
eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 684, Sec. 56, eff.
Sept. 1, 1993.
Sec. 771.007. REIMBURSEMENT AND ADVANCEMENT OF COSTS. (a) An
agency that receives services or resources under this chapter
shall reimburse each 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 agency that receives services or resources under this
chapter may advance federal funds to an 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 agency that receives services or resources under this
chapter may advance funds to the 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.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.11(b),
eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
564, Sec. 4, eff. June 17, 2005.
Sec. 771.008. REIMBURSEMENT PROCEDURES. (a) An agency shall
reimburse an agency for the services or resources provided with a
voucher payable to the providing agency or electronically as
prescribed by the uniform statewide accounting system. The
voucher or electronic transfer must be drawn on the appropriation
item or account of the receiving agency from which the agency
would ordinarily make expenditures for similar services or
resources. A receiving agency may authorize a providing agency to
gain access to the receiving agency's appropriation items or
accounts for reimbursements under this chapter.
(b) A reimbursement received by an agency for services or
resources provided under this chapter shall be credited to the
appropriation items or accounts from which the agency's
expenditures for the services or resources were made.
(c) A payment for an intraagency transaction is accounted for in
the same manner as an interagency transaction or an
interdivisional transfer of money on the records of the agency,
subject to the applicable provisions of the General
Appropriations Act.
(d) This subsection applies only if the services or resources
are provided under a written contract or agreement. The receiving
agency shall reimburse the providing agency within 30 days after
the date by which the services or resources are provided and an
invoice is received. If the receiving agency does not accept the
services or resources or finds an error in the invoice, it shall
notify the providing agency of the fact in writing as soon as
possible within the 30-day period and make payment within 10 days
after the date the agencies agree the problems are corrected or
the error resolved. If the agencies cannot agree on the amount of
the reimbursement, the comptroller shall determine the
appropriate amount. If the receiving agency does not, within the
30-day period, reimburse the providing agency or give the
providing agency written notice of a problem or error, the
comptroller on request of the providing agency may transfer from
amounts appropriated to the receiving agency the appropriate
amount in accordance with this section.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 4.11(b),
eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 684, Sec. 68(b)(1),
eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1499, Sec. 1.09,
eff. Sept. 1, 1999.
Sec. 771.010. EXCEEDING AUTHORITY PROHIBITED. An 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.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,
1991.
Amended by:
Acts 2005, 79th Leg., Ch.
564, Sec. 5, eff. June 17, 2005.