Office of the Governor Rick Perry

RP70 - Relating to the American Recovery and Reinvestment Act of 2009 and federal funding for Texas.

Thursday, June 18, 2009  •  Executive Order

BY THE GOVERNOR OF THE STATE OF TEXAS

Executive Department

Austin, Texas June 18, 2009

Relating to the American Recovery and Reinvestment Act of 2009 and federal funding for Texas.

WHEREAS, Texas strongly believes in accountable and transparent government; and

WHEREAS, Congressional enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) will provide federal funding for Texas; and

WHEREAS, many Texas state agencies and institutions of higher education shall act as stewards and administrators of a large share of these funds; and

WHEREAS, federal guidelines with regard to expenditure of ARRA funds necessitate implementation of additional controls by state agencies and institutions of higher education; and

WHEREAS, , the 81st Texas Legislature has placed certain requirements on state agencies relating to the expenditure and reporting of ARRA funds;

NOW THEREFORE, I, RICK PERRY, Governor of the State of Texas, by virtue of the power and authority vested in me by the Constitution and the laws of the State of Texas, do hereby order the following:

Goals. All state agencies and institutions of higher education that engage in the management and administration of ARRA funds are directed to:

  • maintain transparency and accountability in all cases throughout the processes involving receipt, deployment, management, administration and reporting of ARRA funds; and
  • develop strategies that maximize the use of ARRA funds without creating ongoing expenses to the state or localities after stimulus funds expire; and
  • adhere to all federal and state statutes, rules and policies relating to ARRA and maintain current and proficient knowledge of them, including any training necessary to certify compliance with state and federal law.

Requirements. All state agencies and institutions of higher education that engage in the management and administration of ARRA funds are directed to:

  • require that grant recipients and sub-recipients certify that ARRA funds will be used in accordance with state and federal laws as a condition of receiving funds; and
  • require that grant recipients and sub-recipients track all ARRA funds and their projected statuses separately from all other funds, and comply with ARRA Section 1512 and other federal and state reporting requirements; and
  • submit plans for expenditure of ARRA funds to the Legislative Budget Board and the Office of the Governor, as directed in Article XII of Senate Bill 1, the General Appropriations Act; and
  • report all ARRA-related grant applications of state agencies and institutions of higher education to the Comptroller of Public Accounts, using a database created by that office.

Job Creation Numbers. In the absence of federal guidelines, the Texas Workforce Commission shall develop a methodology for agencies and institutions of higher education involved in the management and administration of ARRA funds to report job creation and retention numbers attributable solely to ARRA funds in a manner that neither inflates nor underreports those numbers.

Coordination and reporting. All state agencies and institutions of higher education that engage in the management and administration of ARRA funds are directed to:

  • post all ARRA-funded job openings in state agencies and institutions of higher education on WorkinTexas.com and distinguish ARRA-funded positions from positions funded through other sources of revenue; and
  • encourage all sub-recipients of ARRA funds to post all ARRA-funded job openings on WorkinTexas.com and distinguish ARRA-funded positions from positions funded through other sources of revenue; and
  • report all job creation and retention resulting from the expenditure of ARRA funds to the Texas Workforce Commission; and
  • designate responsible and qualified individuals as points of contact with the governor or his designee to maintain a flow of current information relating to the receipt, deployment, management and use of funds received by the state and any of its political subdivisions or contractors under ARRA; and
  • confer regularly with the Office of the Governor and other appropriate state and federal entities regarding the use, management and administration of ARRA funds with the intent of establishing sound strategies, coordinated approaches and cooperative communication.

 

This executive order supersedes all previous orders in conflict or inconsistent with its terms and shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding Governor.

Given under my hand this the 18th day of June, 2009.

RICK PERRY (Signature)

Governor

Attested by:

COBY SHORTER, III (Signature)

Deputy Secretary of State

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