CHAPTER 783. UNIFORM GRANT AND CONTRACT MANAGEMENT

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GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

Sec. 783.001. SHORT TITLE. This chapter may be cited as the

Uniform Grant and Contract Management Act.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.002. POLICY. It is the policy of the state to promote

the efficient use of public funds in local government and in

programs requiring cooperation among local, state, and federal

agencies.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.003. DEFINITIONS. In this chapter:

(1) "Assurance" means a statement of compliance with federal or

state law that is required of a local government as a condition

for the receipt of grant or contract funds.

(2) "Financial management conditions" means generally applicable

policies and procedures for the accounting, reporting, and

management of funds that state agencies require local governments

to follow in the administration of grants and contracts.

(3) "Local government" means a municipality, county, or other

political subdivision of the state, but does not include a school

district or other special-purpose district.

(4) "State agency" means a state board, commission, or

department, or office having statewide jurisdiction, but does not

include a state college or university.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.004. GOVERNOR'S OFFICE. The governor's office is the

state agency for uniform grant and contract management.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.005. UNIFORM ASSURANCES. (a) The governor's office

shall develop uniform and concise language for any assurances

that a local government is required to make to a state agency.

(b) The governor's office may:

(1) categorize assurances according to the type of grant or

contract;

(2) designate programs to which the assurances are applicable;

and

(3) revise the assurances.

may not affect methods of distribution or amounts of federal

funds received by a state agency or a local government.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.006. STANDARD FINANCIAL MANAGEMENT CONDITIONS. (a)

The governor's office shall compile and distribute to each state

agency an official compilation of standard financial management

conditions.

(b) The governor's office shall develop the compilation from

Federal Management Circular A-102 or from a revision of that

circular and from other applicable statutes and regulations.

official commentary regarding administrative or judicial

interpretations that affect the application of financial

management standards.

(d) The governor's office may:

(1) categorize the financial management conditions according to

the type of grant or contract;

(2) designate programs to which the conditions are applicable;

and

(3) revise the conditions.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.007. UNIFORM ASSURANCES AND STANDARD CONDITIONS

REQUIRED; VARIATIONS. (a) A state agency shall use the uniform

assurances developed under Section 783.005 and the standard

financial management conditions developed under Section 783.006

applicable to a local government receiving financial assistance

from the agency unless a federal statute or regulation or a state

statute requires or specifically authorizes a variation in the

assurances or conditions.

(b) An agency may establish a variation from uniform assurances

or standard conditions only by rule in accordance with Chapter

2001.

the proposed rule, and the reason must be based on the applicable

federal statute or regulation or state statute.

(d) The agency shall file a notice of each proposed rule that

establishes a variation from uniform assurances or standard

conditions with the governor's office.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50),

eff. Sept. 1, 1995.

Sec. 783.008. AUDIT COORDINATION. (a) A local government

receiving state-administered financial assistance may request by

action of its governing body a single audit or coordinated audits

by all state agencies from which it receives funds.

(b) On receipt of a request for a single audit or audit

coordination, the governor's office in consultation with the

state auditor shall not later than the 30th day after the date of

the request designate a single state agency to coordinate state

audits of the local government.

assure single or coordinated state audits of the local government

for as long as the designation remains in effect or until the

local government by action of its governing body withdraws its

request for audit coordination.

(d) This section does not apply to an audit performed by the

comptroller or state auditor.

Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1,

1991.

Sec. 783.009. MATCHING FUND WAIVER FOR ECONOMICALLY

DISADVANTAGED COUNTY OR CENSUS TRACT. (a) In this section,

"economically disadvantaged county" means a county that has a per

capita taxable property tax value that is less than one-half the

average per capita taxable property value of counties in the

state or, in comparison to other counties in the state, has:

(1) below average per capita taxable property value;

(2) below average per capita income; and

(3) above average unemployment.

(b) In this section, "economically disadvantaged census tract"

means a census tract delineated by the U.S. Bureau of the Census

in the most recent decennial census in which the median family

income is reported by the U.S. Bureau of the Census to be less

than 80 percent of the area median family income.

for an economically disadvantaged county or economically

disadvantaged census tract, adjust any matching funds requirement

that is otherwise a condition for a county to receive a grant or

other form of financial assistance from the agency.

(d) This section does not apply to the Texas Transportation

Commission or to waivers or adjustments of matching funds

requirements granted by the Texas Department of Transportation or

governed by Section 222.053(a), Transportation Code.

(e) Each agency shall include information about its use of

waivers or adjustments to matching funds requirements in its

annual report. The information shall include the disposition of

each instance where a waiver or adjustment is requested or

considered.

(f) Each agency that adjusts a matching funds requirement under

this section shall prepare and submit an annual report describing

each adjustment made by the agency during the preceding state

fiscal year and the effects of each adjustment on the agency's

programs. The agency shall state the amount of each adjustment,

the program under which the adjustment was made, and the name of

each county or the location of each census tract, as appropriate,

that benefited from the adjustment. The agency shall send a copy

of the annual report to the governor, lieutenant governor,

speaker of the house of representatives, Legislative Budget

Board, and to each member of the legislature who requests a copy.

The agency may include the annual report in the annual financial

report submitted under Section 2101.011.

Added by Acts 1999, 76th Leg., ch. 1486, Sec. 1, eff. June 19,

1999. Amended by Acts 2001, 77th Leg., ch. 101, Sec. 1, eff.

Sept. 1, 2001.

Sec. 783.010. STATE AGENCY REPORTING AND AUDITING COORDINATION.

(a) A state agency that requires reports of local governments

shall, during the second year of each state biennium, conduct a

zero-based review of reporting requirements imposed on local

governments and shall simplify the reporting requirements and

determine and eliminate unnecessary, duplicative, or overly

burdensome reporting requirements.

(b) Based on the results of these reviews, the state agency

shall recommend to the legislature statutory changes to minimize

cost, duplication, and paperwork and to maximize the efficient

and effective use of public funds.

reports on items not required by law, rule, or performance

measures.

(d) To achieve greater efficiency in the use of governmental

funds expended on governmental audits, a state agency, except as

shown necessary to further protect public funds, shall:

(1) accept, and not duplicate with state resources, an

independent audit of a local government if it is performed by a

certified public accountant in accordance with generally accepted

governmental auditing standards and the standards of the

Governmental Accounting Standards Board;

(2) at the time of approval of a contract with or a grant to a

local government, specify any special or unique auditing

requirements that must be performed by the local government's

independent auditors; and

(3) as may be allowed by law or rule, provide in the contract or

grant award for the payment of costs incurred by the local

government in complying with any special or unique auditing

requirements not required by generally accepted governmental

auditing standards or the standards of the Governmental

Accounting Standards Board.

(e) Nothing in this section shall be construed to limit the

authority of a state agency to monitor or audit a local

government's expenditure of state or federal funds received via

contract or grant.

(f) The state auditor may audit for compliance with these

provisions.

Added by Acts 2003, 78th Leg., ch. 723, Sec. 1, eff. June 20,

2003.

State Codes and Statutes

State Codes and Statutes

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