HBA-ALS, ALS S.B. 77 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 77
By: Truan
State Affairs
4/27/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, United States law authorizes local governments and the state to
enter into international interlocal agreements.  However, local governments
in Texas must have specific authorization to do so.  Interlocal agreements
allow local governments to contract to share responsibilities, functions,
facilities, or funding. This bill would address the scope and define the
terms of an interlocal agreement which may be entered into by a political
subdivision or state agency with Mexico or the United Mexican States. 

S.B. 77 establishes the guidelines for international interlocal agreements
by state agencies or political subdivisions with Mexico or the United
Mexican States. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

HBA-ALS H.B. 3526 76RSECTION 1. Amends Title 7, Government Code, by adding
Chapter 792, as follows: 

CHAPTER 792. INTERNATIONAL COOPERATION AGREEMENTS
 
 Sec. 792.001. DEFINITIONS. Defines "political subdivision" and "state
agency."  

Sec. 792.002. AGREEMENTS WITH MEXICO. Authorizes a state agency or
political subdivision to enter into an agreement with the United Mexican
States (UMS) or a UMS political subdivision, a United States agency, or an
agency or entity created under a treaty or agreement between the United
States and UMS. 

Sec. 792.003. SCOPE OF AGREEMENT. Authorizes a state agency or political
subdivision to enter into an agreement only if the agreement is for the
accomplishment of a function that the agency or political subdivision is
authorized to perform under another law. 

Sec. 792.004. TERMS. Authorizes a political subdivision or a state agency
to take certain actions under an agreement authorized by this chapter.
Prohibits an agreement from providing for liability of this state or a
political subdivision on a bond or other obligation issued by UMS or a UMS
political subdivision.  

Sec. 792.005. BONDS. Authorizes a state agency or political subdivision to
issue bonds or other evidence of indebtedness to provide financing for an
agreement. Sets forth the state agencies which can issue bonds.  

Sec. 792.006. APPROVAL OF GOVERNOR AND LEGISLATIVE BUDGET BOARD. Provides
that an agreement made by a state agency that involves money appropriated
from the state treasury is not valid unless it is approved by the governor
and the Legislative Budget Board.  

SECTION 2. Emergency clause.
            Effective date: upon passage.