Executive Order RP27 - August 11, 2003

BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
August 1, 2003

WHEREAS, the Telecommunications Infrastructure Fund Board was created by the 74th Session of the Texas Legislature to grant and manage funds to qualified entities for telecommunications infrastructure; and

WHEREAS, the last grants authorized by the Board of the Telecommunications Infrastructure Fund were issued in August 2002 and

WHEREAS, many of those grants have a term that will continue into Fiscal Year 2004; and

WHEREAS, the State of Texas General Appropriations bill for the 2004-2005 biennium as signed into law does not contain an appropriation to fund the operations of the Telecommunications Infrastructure Fund Board; and

WHEREAS, it is in the interest of the State of Texas that these grants be closed-out in a deliberate and timely fashion;

NOW, THEREFORE, I, Rick Perry, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas as the Chief Executive Officer, do hereby order the following:

1. Transfer. The grant management, reimbursement of expenses, and grant close-out functions, including final reconciliation and disposition of files and final archiving of the Telecommunications Infrastructure Fund Board (the "Board") are hereby assigned to the Texas Workforce Commission effective September 1, 2003.
2. Functions. The Texas Workforce Commission, on the effective date of this transfer and in accordance with this executive order, shall maintain contractual arrangements with grantees, provide technical assistance to grantees regarding the closure process, conduct audit resolutions, and reimburse grantees based on appropriate documentation and consistent with the grant documents and historical Telecommunications Infrastructure Fund Board policies and procedures.
3. Assets. All assets of the Board, to the extent practicable, are to be utilized by the Texas Workforce Commission to administer and close out active grants. At the appropriate time, the Texas Building and Procurement Commission will dispose of remaining assets.
4. Fund Access. Current access to the Uniform Statewide Accounting System by the Board shall continue for the period required to close out the Telecommunications Infrastructure Fund Board Grants. The Texas Workforce Commission is hereby authorized to make entries on behalf of the Board to process transactions to administer and close out the existing Telecommunications Infrastructure Fund Board Grants.
5. Reimbursement. The Texas Workforce Commission may be reimbursed for actual costs and expenses related to administration and close out of the Telecommunications Infrastructure Fund Board Grants and any related audit resolution functions.
6. Personnel. Employees of the Board who are involved in grant administration and close-out on August 31, 2003, will become temporary full-time employees of the Texas Workforce Commission for the four month period beginning September 1, 2003, and ending December 31, 2003. The Texas Workforce Commission shall provide notice to the Office of the Governor by December 1, 2003 if any temporary employees are needed beyond December 31, 2003 to complete the grant closeouts.
7. Timeline. Active grant end dates scheduled for August 31, 2003, September 30, 2003 and March 31, 2004, will continue on that timeline, however, all final requests for funds and other documentation are required not later than 60 days after the grant end date to facilitate close-out.
8. Notification. The appropriate officials of the Board shall, as soon as practicable, notify grant recipients through Web posting, regular mail, and certified mail of interim and final close-out dates and procedures according to the aforementioned schedule.
9. Status Reports. On a monthly basis, the Texas Workforce Commission shall issue status reports to the Office of the Governor detailing fund status, dollars reimbursed to grantees, number of grants closed, number of grants to be closed, and number of grant files appropriately submitted for archiving. On a monthly basis, the Texas Building and Procurement Commission shall issue status reports to the Office of the Governor detailing the facilities and equipment disposition status.
10. Archive. The Department of Information Resources and the Library and Archives Commission shall work with other entities as appropriate to ensure the availability of archived data for further use by the state.

This executive order supersedes all previous orders 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 11th day of August, 2003.

RICK PERRY
Governor

ATTESTED BY:
GEOFFREY S. CONNOR
Acting Secretary of State