| (a) A grant may be made by direct award only if:
(1) the executive director determines and documents:
(A) selection of recipients by the solicitation of proposals
or applications is not feasible; and
(B) awarding the grant directly is in the best interest of
the state;
(2) eligibility for the grant is limited to:
(A) an agency or political subdivision of this state or of
another state;
(B) a state institution of higher learning of this state or
of another state, including any part or service of the institution; or
(C) an agency of the United States; or
(3) the grant is awarded to an entity or person established
or authorized to develop or implement a comprehensive conservation and management
plan under the Federal Water Pollution Control Act, §320 (33 United States
Code, Chapter 1330), for a national estuary located in Texas.
(b) If a solicitation for proposals is made for the purpose
of identifying a partner for a joint application for a federal grant which
is subsequently awarded to the agency, the executive director is not required
to make an additional solicitation for entering into a pass-through grant
with an identified partner.
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