Authority to Perform Services
The local government and TxDOT may only contract with each
other to perform functions and services that state law authorizes
them to perform. If either party does not have the authority to perform
an act, TxDOT cannot enter into an Interlocal contract to pay a
local government to perform the act for TxDOT. The same is true
for the local government. For example, TxDOT does not have its own
statutory authority to build and operate a library, so TxDOT cannot
enter an Interlocal agreement for a local government to provide
a library for TxDOT, even though that service is a governmental
function.