WILLIAM P. CLEMENTS, JR. GOVERNOR OFFICE OF THE GOVERNOR STATE CAPITOL AUSTIN, TEXAS 78711 4) MEMORANDUM TO: WILLIAM P. CLEMENTS, JR. _________—.EROM; ?DAVID A DEAN DATE: MARCH 13, 1979 Governor, there is a little-known provision of the Texas Constitution found at Article IV, Section 10, which reads as follows: "He (the Governor) shall cause the laws to be faithfully executed and shall conduct in person, or in such manner as shall be prescribed by law, all intercourse and business of the State with other States and with the United States." (Emphasis ours.) There apparently are many state agencies that negotiate and execute contracts and agreements with other states and the federal government that purport to bind the State of Texas without having them approved by the Governor as required by the Constitution. In some cases, as an apparent oversight, the Legislature has attempted to empower various agencies with this authority without regard to this constitutional provision. In any event the practice where it exists needs to be corrected. With your permission I will prepare a letter for your signature to all state agencies reminding them of Article IV, Section 10 and that no such contract or agreement can be effective or binding on the State of Texas without your approval. We can establish a procedure to review their requests and present the proposed agreements along with a synopsis of its effects to you for approval. 61)41tVr; ;e1, w..4944 AAA IA'0"4""1"0111-- 14.•40e0X., 4,"ft-4
