Authority/Reference(s) Texas Government Code §771 (Interagency Cooperation Act)
Revision Date June 1, 2012

Policy

DFPS may enter into an agreement or contract with another state agency or state university for the provision of necessary and authorized services or resources according to the Interagency Cooperation Act, Chapter 771, Texas Government Code.

Any such agreement or contract must specify:

  • The kind and amount of services or resources to be provided
  • The basis for computing reimbursable costs
  • The maximum cost during the period of the agreement or contract

The Interagency Cooperation Act requires a written agreement or contract as described above unless the commissioner or authorized designee has authorized a waiver. The following circumstances may warrant such a waiver:

  • An emergency for the defense or safety of the civil population or planning and preparation for those emergencies;
  • Cooperative efforts, proposed by the governor, for the economic development of the State;
  • Situations in which the amount involved is less than $50,000

However, it is the policy of DFPS to require a formal written contract regardless of the amount of the contract.

As a best business practice, interagency contracts should be reviewed every five years to see if contract staff should develop and enter into a new interagency contract with a new contract number.

Prior to DPFS's receipt of services or resources from another state agency or a state university, DFPS must enter in to a formal written agreement or contract with the written approval of the DFPS Commissioner, Assistant Commissioner or designated representative (see table below) and the authorized administrator of the agency or state university that will provide the services or resources.

DFPS staff preparing the contract or agreement should obtain a copy of the signature delegation policy (or other documentation) that verifies that the person signing the agreement on behalf of a state agency or state university has the authority to do so.