2005 Texas Government Code CHAPTER 751. OFFICE OF STATE-FEDERAL RELATIONS

GOVERNMENT CODE

CHAPTER 751. OFFICE OF STATE-FEDERAL RELATIONS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991.


	§ 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.
	(b)  The office is subject to the administrative procedure 
law, Chapter 2001.

Added by Acts 1991, 72nd Leg., ch. 38, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991;  Acts 1995, 74th Leg., ch. 306, § 2, eff. Sept. 1, 
1995.


	§ 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, 2007.

Added by Acts 1991, 72nd Leg., ch. 38, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 2.24, 
eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 306, § 1, eff. 
Sept. 1, 1995.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991.


	§ 751.005. GENERAL POWERS AND DUTIES OF DIRECTOR.  (a) 
The director 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 director 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;  and 
		(6)  prepare annually a complete and detailed written 
report accounting for all funds received and disbursed by the 
office during the preceding fiscal year.
	(c)  The director may maintain office space at locations 
inside and outside the state as chosen by the director.
	(d)  The annual report required under Subsection (b)(6) must 
meet the reporting requirements applicable to financial reporting 
provided in the General Appropriations Act.

Added by Acts 1991, 72nd Leg., ch. 38, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991;  Acts 1995, 74th Leg., ch. 306, § 3, eff. Sept. 1, 
1995.


	§ 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)  The director or the director's designee shall develop an 
intraagency career ladder program that addresses opportunities for 
mobility and advancement for employees within the office.  The 
program shall require intraagency posting of all positions 
concurrently with any public posting.
	(c)  The director or the director's designee shall develop a 
system of annual performance evaluations that are based on 
documented employee performance.  All merit pay for office 
employees must be based on the system established under this 
subsection.
	(d)  The director or the director's designee shall prepare 
and maintain a written policy statement to assure implementation of 
a program of equal employment opportunity under which all personnel 
transactions are made without regard to race, color, disability, 
sex, religion, age, or national origin.  The policy statement must 
include:
		(1)  personnel policies, including policies relating 
to recruitment, evaluation, selection, appointment, training, and 
promotion of personnel that are in compliance with the requirements 
of Chapter 21, Labor Code;
		(2)  a comprehensive analysis of the office workforce 
that meets federal and state guidelines;
		(3)  procedures by which a determination can be made 
about the extent of underuse in the office workforce of all persons 
for whom federal or state guidelines encourage a more equitable 
balance;  and
		(4)  reasonable methods to appropriately address those 
areas of underuse.   
	(e)  A policy statement prepared under Subsection (d) must 
cover an annual period, be updated annually and reviewed by the 
Texas Commission on Human Rights for compliance with Subsection 
(d)(1), and be filed with the governor's office.
	(f)  The governor's office shall deliver a biennial report to 
the legislature based on the information received under Subsection 
(e).  The report may be made separately or as a part of other 
biennial reports made to the legislature.
	(g)  The director and the staff of the office working in 
Washington, D.C., may receive the same cost-of-living salary 
adjustment as is established for an employee of another state 
agency under Section 751.012(d).

Added by Acts 1991, 72nd Leg., ch. 38, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991;  Acts 1995, 74th Leg., ch. 306, § 4, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991;  Acts 1995, 74th Leg., ch. 306, § 5, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. 
Aug. 22, 1991.


	§ 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, § 8.01, eff. Aug. 
22, 1991.  Amended by Acts 1995, 74th Leg., ch. 306, § 6, eff. 
Sept. 1, 1995.


	§ 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, § 8.01, eff. Aug. 
22, 1991.  Amended by Acts 1995, 74th Leg., ch. 306, § 7, eff. 
Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 785, § 21, eff. Sept. 1, 
2003.


	§ 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)  The office shall enter into a contract described by 
Subsection (a) with the Legislative Budget Board.
	(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, § 75(1).                    
	(e)  A state agency identified by the Legislative Budget 
Board as receiving significant federal funding or significantly 
affected by federal policy decisions, other than a state agency 
that is headed by a statewide-elected official, shall:
		(1)  develop a plan of state-federal coordination;                            
		(2)  study the benefits of entering a contract under 
Subsection (a);  and   
		(3)  submit the coordination plan and study to the 
office and to the Legislative Budget Board.
	(f)  The Health and Human Services Commission shall satisfy 
the requirements of Subsection (e) for all health and human 
services agencies listed in Section 19, Article 4413(502), Revised 
Statutes.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 8.01, eff. Aug. 
22, 1991.  Amended by Acts 1995, 74th Leg., ch. 306, § 8, eff. 
Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 785, § 22, 75(1), eff. 
Sept. 1, 2003.


	§ 751.013. PROGRAM AND FACILITY ACCESSIBILITY.  The 
office shall comply with federal and state laws related to program 
and facility accessibility.  The director shall also prepare and 
maintain a written plan that describes how a person who does not 
speak English can be provided reasonable access to the office's 
programs and services.

Added by Acts 1995, 74th Leg., ch. 306, § 9, eff. Sept. 1, 1995.           


	§ 751.014. FUNDS SUBJECT TO STATE FUNDS REFORM ACT.  All 
money paid to the office under this chapter is subject to Subchapter 
F, Chapter 404.

Added by Acts 1995, 74th Leg., ch. 306, § 10, eff. Sept. 1, 1995.          

SUBCHAPTER B. FEDERAL FUNDS MANAGEMENT


	§ 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, § 8.01, eff. Aug. 
22, 1991.  Amended by Acts 1995, 74th Leg., ch. 306, § 11, eff. 
Sept. 1, 1995.


	§ 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, § 8.01, eff. Aug. 
22, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(50), 
eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 306, § 12, eff. 
Sept. 1, 1995.


	§ 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, § 13, eff. Sept. 1, 1995.          


	§ 751.024. REPORTS CONCERNING GRANT FUNDS.  (a) Each 
agency and each institution of higher education shall report to the 
office, the Legislative Budget Board, and the budget division of 
the governor's office:
		(1)  each application or request made to the United 
States government for grant funds;
		(2)  the award or designation, by the United States 
government, of any funds for expenditure by a state agency;  and
		(3)  waivers of grant requirements.                                           
	(b)  In consultation with the director, the Legislative 
Budget Board may prescribe reporting procedures and time schedules 
necessary to implement Subsection (a).

Added by Acts 1995, 74th Leg., ch. 306, § 14, eff. Sept. 1, 1995.  
Amended by Acts 1999, 76th Leg., ch. 281, § 4, eff. Sept. 1, 
1999.