CHAPTER 751. OFFICE OF STATE-FEDERAL RELATIONS

State Codes and Statutes

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GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL 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;

(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.

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.

(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

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.

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.

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.

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.

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.

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.

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.

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