Section 3: Limits on Interagency Contracts

Information Resources (IR)

A state agency may not enter into an
interagency transaction
 for the receipt of
information resources
 technologies unless the agency complies with Tex. Gov’t Code ch. 2054.
All procurements for information resource technology must be included in TxDOT’s Biennial Operation Plan because no IR can be purchased unless the purchase has been approved by Texas Department of Information Resources.

Construction for Other Agencies

TxDOT may not construct a highway, road, building, or other structure for another agency. Tex. Gov’t Code § 771.003.
Exceptions:
  • TxDOT can enter into agreements with a state college, university or public junior college authorizing TxDOT to assume responsibility for maintenance, improvement, relocation or extension of existing on-campus streets, parking lots and access ways. Tex. Gov’t Code § 771.003.
  • TxDOT can enter into agreements with the Texas Juvenile Justice Department for the construction, maintenance, or repair of roads in an institution, hospital, or school. Tex. Transp. Code § 201.603.
  • TxDOT can enter into agreements with the Texas Parks and Wildlife Department (TPWD) to construct, repair, and maintain roads in and adjacent to certain TPWD facilities if the total does not exceed a certain amount and the funding is from Fund 6. Texas Parks and Wildlife Code § 13.013.
  • TxDOT can enter into agreements with the Texas Historical Commission (THC) to construct, repair, and maintain roads in and adjacent to certain THC facilities if the total does not exceed a certain amount and the funding is from Fund 6. Tex. Gov’t Code § 442.102.
  • TxDOT can enter into agreements with the Texas Department of Public Safety to address infrastructure needs that affect law enforcement. Tex. Gov’t Code § 411.0098.

Other Contracting Avenues

There are times when TxDOT contracts with other state agencies through a contract other than an IAC:
  • the Contract for State Use Program template must be used for set-aside work under the
    State Use Program
    , which gives state agencies the authority to purchase goods and services from Texans with disabilities. The template may be found on Contract Services intranet site.
  • the standard research agreement must be used for all research projects. The template may be obtained from the Research and Technology Implementation Division.

Inmate Labor

Tex. Transp. Code §223.044 allows TxDOT to contract with the Texas Department of Criminal Justice for the use of
inmate labor
 for state highway system improvement projects. The contract must conform to Tex. Gov’t Code ch. 771.