Authority/Reference(s) Texas Government Code §791.001
Revision Date June 1, 2012

Policy

DFPS may enter into an agreement or contract with a local governmental agency for the provision of necessary governmental functions and services according to the Interlocal Cooperation Act, Chapter 791, Texas Government Code.

An interlocal agreement may be used to:

  • study the feasibility of the performance of a governmental function or service by an interlocal contract; or
  • provide a governmental function or service that each party to the contract is authorized to perform individually.

An interlocal agreement must:

  • be authorized by the governing body of each party to the contract, unless it is procured competitively and a standard contract is used;
  • state the purpose, terms, rights, and duties of the contracting parties; and
  • specify that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party.

Prior to DPFS's receipt of services or resources from a local government agency, DFPS must enter in to a formal written agreement or contract with the written approval of the DFPS Commissioner, Assistant Commissioner or designated representative and the authorized administrator of the local governmental agency that will provide the services.

Staff should refer to the Signature Authority and Delegation for a breakdown of signature delegation for Administrative Goods and Services applicable to interlocal contracts.

The delegation to the Director and Assistant Commissioner level is specific to the area responsible for managing the contract. For example, a CPS Regional Director is authorized to sign a contract managed in that CPS Region.

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 local governmental agency.