reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter A. General Provisions › Section 791.005. Effect of Chapter

Sec. 791.005.  EFFECT OF CHAPTER.  This chapter does not affect an act done or a right, duty, or penalty existing before May 31, 1971.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter A. General Provisions › Section 791.006. Liability in Fire Protection Contract or Provision of Law Enforcement Services

Sec. 791.006.  LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW ENFORCEMENT SERVICES.  (a)  If governmental units contract under this chapter to furnish or obtain services of a fire department, such as training, fire suppression, fire fighting, ambulance services, hazardous materials response services, fire and rescue services, or paramedic services, the governmental unit that would have been responsible for furnishing the services in the absence of the contract is responsible for any civil liability that arises from the furnishing of those services.
(a-1)  Notwithstanding Subsection (a), if a municipality, county, rural fire prevention district, emergency services district, fire protection agency, regional planning commission, or joint board enters into a contract with a governmental unit under this chapter to furnish or obtain fire or emergency services, the parties to the contract may agree to assign responsibility for civil liability that arises from the furnishing or obtaining of services under the contract in any manner agreed to by the parties.  To assign responsibility for civil liability under this subsection, the parties to the contract must assign responsibility in a written provision of the contract that specifically references this subsection and states that the assignment of liability is intended to be different than liability otherwise assigned under Subsection (a).
(b)  In the absence of a contract, if a municipality or county furnishes law enforcement services to another municipality or county, the governmental unit that requests and obtains the services is responsible for any civil liability that arises from the furnishing of those services.
(c)  Nothing in this section adds to or changes the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or other law.
(d)  Notwithstanding any other provision of this chapter, a contract under this chapter is not a joint enterprise for the purpose of assigning or determining liability.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 811, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 16, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter B. General Interlocal Contracting Authority › Section 791.012. Law Applicable to Contracting Parties

Sec. 791.012.   LAW APPLICABLE TO CONTRACTING PARTIES.  Local governments that are parties to an interlocal contract for the performance of a service may, in performing the service, apply the law applicable to a party as agreed by the parties.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 176, Sec. 1, eff. May 21, 1997.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter B. General Interlocal Contracting Authority › Section 791.013. Contract Supervision and Administration

Sec. 791.013.  CONTRACT SUPERVISION AND ADMINISTRATION.  (a)  To supervise the performance of an interlocal contract, the parties to the contract may:
(1)  create an administrative agency;
(2)  designate an existing local government;  or
(3)  contract with an organization that qualifies for exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended, that provides services on behalf of political subdivisions or combinations of political subdivisions and derives more than 50 percent of its gross revenues from grants, funding, or other income from political subdivisions or combinations of subdivisions.
(b)  The agency, designated local government, or organization described by Subsection (a)(3) may employ personnel, perform administrative activities, and provide administrative services necessary to perform the interlocal contract.
(c)  All property that is held and used for a public purpose by the administrative agency or designated local government is exempt from or subject to taxation in the same manner as if the property were held and used by the participating political subdivisions.
(d)  An administrative agency created under this section may acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation:
(1)  a patent for the invention or discovery of:
(A)  any new and useful process, machine, manufacture, composition of matter, art, or method;
(B)  any new use of a known process, machine, manufacture, composition of matter, art, or method;  or
(C)  any new and useful improvement on a known process, machine, manufacture, composition of matter, art, or method;
(2)  a copyright of an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which the work may be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device;
(3)  a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the agency uses to identify and distinguish the agency's goods and services from other goods and services;  and
(4)  other evidence of protection of exclusivity issued for intellectual property.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 481, Sec. 1, eff. Aug. 28, 1995;  Acts 2003, 78th Leg., ch. 301, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter B. General Interlocal Contracting Authority › Section 791.014. Approval Requirement for Counties

Sec. 791.014.  APPROVAL REQUIREMENT FOR COUNTIES.  (a)  Before beginning a project to construct, improve, or repair a building, road, or other facility under an interlocal contract, the commissioners court of a county must give specific written approval for the project.
(b)  The approval must:
(1)  be given in a document other than the interlocal contract;
(2)  describe the type of project to be undertaken;  and
(3)  identify the project's location.
(c)  The county may not accept and another local government may not offer payment for a project undertaken without approval required by this section.
(d)  A county is liable to another local government for the amount paid by the local government to the county for a project requiring approval under this section if:
(1)  the county begins the project without the approval required by this section;  and
(2)  the local government makes the payment before the project is begun by the county.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter B. General Interlocal Contracting Authority › Section 791.015. Submission of Disputes to Alternative Dispute Resolution Procedures

Sec. 791.015.  SUBMISSION OF DISPUTES TO ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  Local governments that are parties to an interlocal contract may provide in the contract for the submission of disputes arising under the contract to the alternative dispute resolution procedures authorized by Chapter 2009.
Added by Acts 2001, 77th Leg., ch. 666, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.021. Contracts for Regional Correctional Facilities

Sec. 791.021.  CONTRACTS FOR REGIONAL CORRECTIONAL FACILITIES.  The parties to an interlocal contract may contract with the Texas Department of Criminal Justice for the construction, operation, and maintenance of a regional correctional facility if:
(1)  title to the land on which the facility is to be constructed is deeded to the department; and
(2)  the parties execute a contract relating to the payment of costs for housing, maintenance, and rehabilitative treatment of persons held in jails who cannot otherwise be transferred under authority of existing statutes to the direct responsibility of the department.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.080, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.022. Contracts for Regional Jail Facilities

Sec. 791.022.  CONTRACTS FOR REGIONAL JAIL FACILITIES.  (a)  In this section:
(1)  "Facility" means a regional jail facility constructed or acquired under this section.
(2)  "Jailer" means a person with authority to supervise the operation and maintenance of a facility as provided by this section.
(b)  A political subdivision of the state, by resolution of its governing body, may contract with one or more political subdivisions of the state to participate in the ownership, construction, and operation of a regional jail facility.
(c)  The facility must be located within the geographic boundaries of one of the participating political subdivisions.  The facility is not required to be located in a county seat.
(d)  Before acquiring and constructing the facility, the participating political subdivisions shall issue bonds to finance the facility's acquisition and construction.  The bonds must be issued in the manner prescribed by law for issuance of permanent improvement bonds.
(e)  To supervise the operation and maintenance of a facility, the participating political subdivisions may agree to:
(1)  appoint as jailer of the facility the police chief or sheriff of the political subdivision in which the facility is located;
(2)  form a committee composed of the sheriff or police chief of each participating political subdivision to appoint a jailer of the facility;  or
(3)  authorize the police chief or sheriff of each participating political subdivision to continue to supervise and manage those prisoners incarcerated in the facility under the authority of that officer.
(f)  If participating political subdivisions provide for facility supervision under Subsection (e), the person designated to supervise operation and maintenance of the facility shall supervise the prisoners incarcerated in the facility.
(g)  When a prisoner is transferred from the facility to the originating political subdivision, the appropriate law enforcement officer of the originating political subdivision shall assume supervision and responsibility for the prisoner.
(h)  While a prisoner is incarcerated in a facility, a police chief or sheriff not assigned to supervise the facility is not liable for the escape of the prisoner or for any injury or damage caused by or to the prisoner unless the escape, injury, or damage is directly caused by the police chief or sheriff.
(i)  The political subdivisions may employ or authorize the jailer of the facility to employ personnel necessary to operate and maintain the facility.
(j)  The jailer of the facility and any assistant jailers must be commissioned peace officers.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.023. Contracts for State Criminal Justice Facilities

Sec. 791.023.  CONTRACTS FOR STATE CRIMINAL JUSTICE FACILITIES.  The state or an agency of the state may contract with one or more entities to finance, construct, operate, maintain, or manage a criminal justice facility provided, in the exercise of the governmental power, for the benefit of the state in accordance with this chapter and:
(1)  Subchapter A, Chapter 494, Government Code;
(2)  Subchapter D, Chapter 361, Local Government Code;  or
(3)  the Certificate of Obligation Act of 1971 (Subchapter C, Chapter 271, Local Government Code).
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.024. Contracts for Community Corrections Facilities

Sec. 791.024.  CONTRACTS FOR COMMUNITY CORRECTIONS FACILITIES.  A community supervision and corrections department established under Section 76.002 may agree with the state, an agency of the state, or a local government to finance, construct, operate, maintain, or manage a community corrections facility under Section 76.010(b) or a county correctional center under Subchapter H, Chapter 351, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.025. Contracts for Purchases

Sec. 791.025.  CONTRACTS FOR PURCHASES.  (a)  A local government, including a council of governments, may agree with another local government or with the state or a state agency, including the comptroller, to purchase goods and services.
(b)  A local government, including a council of governments, may agree with another local government, including a nonprofit corporation that is created and operated to provide one or more governmental functions and services, or with the state or a state agency, including the comptroller, to purchase goods and any services reasonably required for the installation, operation, or maintenance of the goods.  This subsection does not apply to services provided by firefighters, police officers, or emergency medical personnel.
(c)  A local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services.
(d)  In this section, "council of governments" means a regional planning commission created under Chapter 391, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 28, Sec. 1, eff. April 27, 1995;  Acts 1997, 75th Leg., ch. 826, Sec. 1, eff. June 18, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.62, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.026. Contracts for Water Supply and Wastewater Treatment Facilities

Sec. 791.026.  CONTRACTS FOR WATER SUPPLY AND WASTEWATER TREATMENT FACILITIES.  (a)  A municipality, district, or river authority of this state may contract with another municipality, district, or river authority of this state to obtain or provide part or all of:
(1)  water supply or wastewater treatment facilities;  or
(2)  a lease or operation of water supply facilities or wastewater treatment facilities.
(b)  The contract may provide that the municipality, district, or river authority obtaining one of the services may not obtain those services from a source other than a contracting party, except as provided by the contract.
(c)  If a contract includes a term described by Subsection (b), payments made under the contract are the paying party's operating expenses for its water supply system, wastewater treatment facilities, or both.
(d)  The contract may:
(1)  contain terms and extend for any period on which the parties agree;
(2)  require the purchaser to develop alternative or replacement supplies prior to the expiration date of the contract and may provide for enforcement of such terms by court order;  and
(3)  provide that it will continue in effect until bonds specified by the contract and any refunding bonds issued to pay those bonds are paid.
(e)  Where a contract sets forth explicit expiration provisions, no continuation of the service obligation will be implied.
(f)  Tax revenue may not be pledged to the payment of amounts agreed to be paid under the contract.
(g)  The powers granted by this section prevail over a limitation contained in another law.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 2.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.027. Emergency Assistance

Sec. 791.027.  EMERGENCY ASSISTANCE.  (a)  A local government may provide emergency assistance to another local government, whether or not the local governments have previously agreed or contracted to provide that kind of assistance, if:
(1)  in the opinion of the presiding officer of the governing body of the local government desiring emergency assistance, a state of civil emergency exists in the local government that requires assistance from another local government and the presiding officer requests the assistance;  and
(2)  before the emergency assistance is provided, the governing body of the local government that is to provide the assistance authorizes that local government to provide the assistance by resolution or other official action.
(b)  This section does not apply to emergency assistance provided by law enforcement officers under Chapter 362, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.028. Contracts for Joint Payment of Road Construction and Improvements

Sec. 791.028.  CONTRACTS FOR JOINT PAYMENT OF ROAD CONSTRUCTION AND IMPROVEMENTS.  (a)  In this section:
(1)  "Highway project" means the acquisition, design, construction, improvement, or beautification of a state or local highway, turnpike, or road project.
(2)  "Transportation corporation" means a corporation created under Chapter 431, Transportation Code.
(b)  A local government may contract with another local government, a state agency, or a transportation corporation to pay jointly all or part of the costs of a highway project, including the cost of an easement or interest in land required for or beneficial to the project.
(c)  A local government and a transportation corporation, in accordance with a contract executed under this section, may:
(1)  jointly undertake a highway project;
(2)  acquire an easement, land, or an interest in land, in or outside a right-of-way of a highway project, as necessary for or beneficial to a highway project;  or
(3)  adjust utilities for the project.
(d)  If a contract under this section provides for payments over a term of years, a local government may levy ad valorem taxes in an amount necessary to make the payments required by the contract as they become due.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.196, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.029. Contracts for Regional Records Centers

Sec. 791.029.  CONTRACTS FOR REGIONAL RECORDS CENTERS.  (a)  By resolution of its governing body, a political subdivision of the state may contract with another political subdivision of the state to participate in the ownership, construction, and operation of a regional records center.
(b)  Before acquiring or constructing the records center, a participating political subdivision may issue bonds to finance the acquisition and construction of the records center in the manner prescribed by law for the issuance of permanent improvement bonds.
(c)  The records center may not be used to store a record whose retention period is listed as permanent on a records retention schedule issued by the Texas State Library and Archives Commission under Section 441.158, unless the center meets standards for the care and storage of records of permanent value established by rules adopted by the commission under Section 203.048, Local Government Code.
(d)  The Texas State Library and Archives Commission shall provide assistance and advice to local governments in the establishment and design of regional records centers.
Added by Acts 1991, 72nd Leg., ch. 38, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.030. Health Care and Hospital Services

Sec. 791.030.  HEALTH CARE AND HOSPITAL SERVICES.  A local government may contract with another local government authorized to provide health care and hospital services to provide those services for the local government's officers and employees and their dependents.
Added by Acts 1993, 73rd Leg., ch. 823, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.031. Transportation Infrastructure

Sec. 791.031.  TRANSPORTATION INFRASTRUCTURE.  (a)  This section applies only to a local government, other than a school district, that is authorized to impose ad valorem taxes on real property.
(b)  The Texas Department of Transportation may enter into an interlocal contract with a local government for the financing of transportation infrastructure that is constructed or that is to be constructed in the territory of the local government by the department in a corridor of land on which no existing state or federal highway is located.
(c)  The agreement must include:
(1)  the duration of the agreement, which may not exceed 12 years;
(2)  a description of each transportation infrastructure project or proposed project;
(3)  a map showing the location of each project and property included in the contract;  and
(4)  an estimate of the cost of each project.
(d)  The agreement may establish one or more transportation infrastructure zones.  The Texas Department of Transportation and the local government may agree that at one or more specified times, the local government will pay to the Texas Department of Transportation an amount that is calculated on the basis of increased ad valorem tax collections in a zone that are attributable to increased values of property located in the zone resulting from an infrastructure project.  The amount may not exceed an amount that is equal to 30 percent of the increase in ad valorem tax collections for the specified period.
(e)  Money received by the Texas Department of Transportation under this section may be used:
(1)  to provide a local match for the acquisition of right-of-way in the territory of the local government;  or
(2)  for design, construction, operation, or maintenance of transportation facilities in the territory of the local government.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.33, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.032. Construction, Improvement, and Repair of Streets in Municipalities

Sec. 791.032.  CONSTRUCTION, IMPROVEMENT, AND REPAIR OF STREETS IN MUNICIPALITIES.  With the approval of the governing body of a municipality, a local government may enter into an interlocal contract with the municipality to finance the construction, improvement, maintenance, or repair of streets or alleys in the municipality, including portions of the municipality's streets or alleys that are not an integral part of or a connecting link to other roads or highways.
Added by Acts 1999, 76th Leg., ch. 671, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.033. Contracts to Construct, Maintain, or Operate Facilities on State Highway System

Sec. 791.033.  CONTRACTS TO CONSTRUCT, MAINTAIN, OR OPERATE FACILITIES ON STATE HIGHWAY SYSTEM.  (a)  In this section, "state highway system" means the highways in this state included in the plan providing for a system of state highways prepared under Section 201.103, Transportation Code.
(b)  A local government may enter into and make payments under an agreement with another local government for the design, development, financing, construction, maintenance, operation, extension, expansion, or improvement of a toll or nontoll project or facility on the state highway system located within the boundaries of the local government or, as a continuation of the project or facility, within the boundaries of an adjacent local government.
(c)  An agreement under this section must be approved by the Texas Department of Transportation.
(d)  Notwithstanding Section 791.011(d), to make payments under an agreement under this section, a local government may:
(1)  pledge revenue from any available source, including payments received under an agreement with the Texas Department of Transportation under Section 222.104, Transportation Code;
(2)  pledge, levy, and collect taxes to the extent permitted by law; or
(3)  provide for a combination of Subdivisions (1) and (2).
(e)  The term of an agreement under this section may not exceed 40 years.
(f)  Any election required to permit action under this section must be held in conformance with the Election Code or other law applicable to the local government.
(g)  In connection with an agreement under this section, a county or municipality may exercise any of the rights and powers granted to the governing body of an issuer under Chapter 1371.
(h)  This section is wholly sufficient authority for the execution of agreements, the pledge of revenues, taxes, or any combination of revenues and taxes, and the performance of other acts and procedures authorized by this section by a local government without reference to any other provision of law or any restriction or limitation contained in those provisions, except as specifically provided by this section.  To the extent of any conflict or inconsistency between this section and any other law, this section shall prevail and control.  A local government may use any law not in conflict with this section to the extent convenient or necessary to carry out any power or authority, expressed or implied, granted by this section.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.89, eff. June 14, 2005.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.034. Interlocal Contract for Relief Highway Route Around Certain Municipalities

Sec. 791.034.  INTERLOCAL CONTRACT FOR RELIEF HIGHWAY ROUTE AROUND CERTAIN MUNICIPALITIES.  (a)  The governing body of a municipality located in a county in which is located a facility licensed to dispose of low-level radioactive waste under Chapter 401, Health and Safety Code, may enter into an interlocal contract with the county for the construction and maintenance of a relief highway route around and outside the boundaries of the municipality that the governing body determines will serve a public purpose of the municipality.
(b)  The municipality may expend municipal funds and may issue certificates of obligation or bonds to pay for expenses associated with a relief highway route under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 357 (H.B. 1255), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.035. Contracts With Institutions of Higher Education or University Systems

Sec. 791.035.  CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION OR UNIVERSITY SYSTEMS.  (a)  A local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services.  If the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract.
(b)  In this section, "institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 2.05, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.036. Regulation of Traffic in Special Districts

Sec. 791.036.  REGULATION OF TRAFFIC IN SPECIAL DISTRICTS.  The commissioners court of a county may enter into an interlocal contract with the board of a special district for the county to:
(1)  apply the county's traffic regulations to a public road in the county that is owned, operated, and maintained by the district if the commissioners court finds that it is in the county's interest to regulate traffic on the public road; and
(2)  enforce the regulations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1211 (S.B. 1411), Sec. 1, eff. June 14, 2013.
Redesignated from Government Code, Section 791.035 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(28), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 119 (S.B. 2245), Sec. 1, eff. May 22, 2019.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 791 - Interlocal Cooperation Contracts › Subchapter C. Specific Interlocal Contracting Authority › Section 791.037. Solid Waste Disposal Services in Certain Counties

Sec. 791.037.  SOLID WASTE DISPOSAL SERVICES IN CERTAIN COUNTIES.  (a)  In this section, "solid waste" has the meaning assigned by Section 361.003, Health and Safety Code.
(b)  This section applies only to a county with a population of more than 1.7 million in which more than 70 percent of the population resides in a single municipality.
(c)  A county may contract with a municipality to provide, directly or through a contract with another entity, a mandatory program under Section 364.034, Health and Safety Code, for solid waste disposal services in an area of the county located within the extraterritorial jurisdiction of the municipality if the municipality does not provide solid waste disposal services in that area.
(d)  A contract under this section must include provisions regarding the termination of the county's provision of service on the occurrence of certain contingencies, including the annexation of the area covered by the contract by the municipality or the provision of service to the area by the municipality.
Added by Acts 2017, 85th Leg., R.S., Ch. 70 (S.B. 1229), Sec. 4, eff. May 22, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 792 - International Cooperation Agreements › Section 792.001. Definitions

Sec. 792.001.  DEFINITIONS.  In this chapter:
(1)  "Political subdivision" has the meaning assigned by Section 791.003.
(2)  "State agency" has the meaning assigned by Section 783.003.
Added by Acts 1999, 76th Leg., ch. 1165, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 792 - International Cooperation Agreements › Section 792.002. Agreements With Mexico

Sec. 792.002.  AGREEMENTS WITH MEXICO.  A state agency or a political subdivision may, to the extent permitted under federal law, enter into an agreement under this chapter with:
(1)  the United Mexican States or a political subdivision of the United Mexican States;
(2)  an agency of the United States;  or
(3)  an agency or entity that is created under a treaty or executive agreement between the United States and the United Mexican States.
Added by Acts 1999, 76th Leg., ch. 1165, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 792 - International Cooperation Agreements › Section 792.003. Scope of Agreement

Sec. 792.003.  SCOPE OF AGREEMENT.  A state agency or a political subdivision may enter into an agreement under this chapter only if the agreement is for the accomplishment of a function that the agency or political subdivision is authorized to perform under other law.
Added by Acts 1999, 76th Leg., ch. 1165, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 792 - International Cooperation Agreements › Section 792.004. Terms

Sec. 792.004.  TERMS.  (a)  Under an agreement authorized by this chapter, a political subdivision or a state agency may:
(1)  acquire or dispose of in any manner available to the state agency or political subdivision under other law an interest in real property in this state or the United Mexican States;
(2)  use any funds of the state agency or political subdivision that are not otherwise dedicated by law for another purpose to accomplish the purposes of the agreement;
(3)  use any equipment, facilities, or other property of the state agency or political subdivision to carry out the agreement;  or
(4)  agree to any other terms that are not prohibited under state or federal law.
(b)  An agreement made under this chapter may not provide for the liability of this state or a political subdivision on a bond or other obligation issued by the United Mexican States or a political subdivision of the United Mexican States.
Added by Acts 1999, 76th Leg., ch. 1165, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 792 - International Cooperation Agreements › Section 792.005. Bonds

Sec. 792.005.  BONDS.  (a)  A state agency described by Subsection (b) or a political subdivision may issue bonds or other evidence of indebtedness to provide financing for an agreement under this chapter to the same extent and in the same manner that the agency or political subdivision is authorized to issue the bonds or other evidence of indebtedness to perform the activity on its own behalf.
(b)  Only the following state agencies may issue bonds under this section:
(1)  the Department of Agriculture;
(2)  the Texas Department of Economic Development;
(3)  the Texas Department of Housing and Community Affairs;
(4)  the Texas Public Finance Authority;
(5)  the Texas Turnpike Authority;  or
(6)  the Texas Water Development Board.
Added by Acts 1999, 76th Leg., ch. 1165, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 792 - International Cooperation Agreements › Section 792.006. Approval of Governor and Legislative Budget Board

Sec. 792.006.  APPROVAL OF GOVERNOR AND LEGISLATIVE BUDGET BOARD.  An agreement made by a state agency under this chapter that involves the use of money appropriated from the state treasury is not valid unless it is approved by the governor and the Legislative Budget Board.
Added by Acts 1999, 76th Leg., ch. 1165, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 793 - Intergovernmental Support Agreements › Section 793.001. Definition

Sec. 793.001.  DEFINITION.  In this chapter, "local government" has the meaning assigned by Section 791.003.
Added by Acts 2021, 87th Leg., R.S., Ch. 89 (S.B. 780), Sec. 1, eff. May 24, 2021.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 793 - Intergovernmental Support Agreements › Section 793.002. Authority to Enter Agreement

Sec. 793.002.  AUTHORITY TO ENTER AGREEMENT.  In accordance with the provisions that apply to an interlocal contract under Chapter 791, a local government may enter into an intergovernmental support agreement with a branch of the armed forces of the United States under the National Defense Authorization Act (10 U.S.C. Section 2679) to provide installation-support services to a military installation located in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 89 (S.B. 780), Sec. 1, eff. May 24, 2021.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 794 - Interstate Compact for Border Security › Section 794.001. Authority to Develop and Execute Compact

Sec. 794.001.  AUTHORITY TO DEVELOP AND EXECUTE COMPACT.  On behalf of this state, the governor may develop and execute an interstate compact for border security among interested states.
Added by Acts 2023, 88th Leg., R.S., Ch. 285 (S.B. 1403), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 794 - Interstate Compact for Border Security › Section 794.002. Congressional Approval Not Required

Sec. 794.002.  CONGRESSIONAL APPROVAL NOT REQUIRED.  (a)  It is the intent of the legislature that the compact developed and executed under this chapter not require congressional approval.
(b)  The compact may not increase the political power of the compacting states in relation to the federal government.
Added by Acts 2023, 88th Leg., R.S., Ch. 285 (S.B. 1403), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 7 - Intergovernmental Relations › Chapter 794 - Interstate Compact for Border Security › Section 794.003. Interstate Compact Provisions

Sec. 794.003.  INTERSTATE COMPACT PROVISIONS.  The compact authorized by this chapter must provide for joint action among compacting states on matters that include:
(1)  sharing law enforcement intelligence on illegal activity occurring at the border with Mexico;
(2)  sharing state resources in order to build a physical barrier, a comprehensive technological surveillance system, or both, on state land to deter or detect illegal activity occurring at the border with Mexico; and
(3)  sharing other law enforcement resources to ensure the protection of personnel and property.
Added by Acts 2023, 88th Leg., R.S., Ch. 285 (S.B. 1403), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter A. General Provisions › Section 801.001. Definitions

Sec. 801.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the State Pension Review Board.
(1-a)  "Governing body of a public retirement system" has the meaning assigned by Section 802.001.
(2)  "Public retirement system" means a continuing, organized program of service retirement, disability retirement, or death benefits for officers or employees of the state or a political subdivision, or of an agency or instrumentality of the state or a political subdivision, and includes the optional retirement program governed by Chapter 830, but does not include:
(A)  a program, other than the optional retirement program, for which benefits are administered by a life insurance company;
(B)  a program providing only workers' compensation benefits;
(C)  a program administered by the federal government;
(D)  an individual retirement account or individual retirement annuity within the meaning of Section 408, or a retirement bond within the meaning of Section 409, of the Internal Revenue Code of 1986 (26 U.S.C. Section 409);
(E)  a plan described by Section 401(d) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401);
(F)  an individual account plan consisting of an annuity contract described by Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 403);  or
(G)  an eligible state deferred compensation plan described by Section 457(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 457).
(3)  "System administrator" means a person designated by the governing body of a public retirement system to supervise the day-to-day affairs of the public retirement system.
(4)  "Trustee" means a member of the governing body of a public retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 143, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 140 (H.B. 13), Sec. 1, eff. May 24, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.101. Pension Review Board

Sec. 801.101.  PENSION REVIEW BOARD.  The State Pension Review Board is an agency of the state.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.102. Composition of Board

Sec. 801.102.  COMPOSITION OF BOARD.  (a)  The board is composed of seven members.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 624, Sec. 1, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 18, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.1021. Conflict Provisions

Sec. 801.1021.  CONFLICT PROVISIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the board;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the board; or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(c)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the board.
(d)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of pensions; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of pensions.
Added by Acts 1991, 72nd Leg., ch. 624, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.103. Members Appointed by Governor

Sec. 801.103.  MEMBERS APPOINTED BY GOVERNOR.  (a)  The governor shall appoint, with the advice and consent of the senate, seven members to the board.
(b)  The governor shall appoint to the board:
(1)  three persons who have experience in the fields of securities investment, pension administration, or pension law but who are not members or retirees of a public retirement system;
(2)  one person who is a fellow of the Society of Actuaries, a member of the American Academy of Actuaries, or an enrolled actuary under the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.);
(3)  one person who has experience in the field of governmental finance;
(4)  one person who is a contributing member of a public retirement system;  and
(5)  one person who is receiving retirement benefits from a public retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 164, Sec. 1, eff. Aug. 28, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989 and by Acts 1989, 71st Leg., ch. 1100, Sec. 4.03(a), eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.106. Terms of Office

Sec. 801.106.  TERMS OF OFFICE.  Members of the board hold office for staggered terms of six years, with the terms of two or three members, as appropriate, expiring on January 31 of each odd-numbered year.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.106 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 3, eff. September 1, 2013.