(a) The department by interagency contract may lease state-owned aircraft to a state agency.
(b) A state agency that is the prior owner or lessee of an aircraft has the first option to lease that aircraft from the department.

Terms Used In Texas Government Code 2205.035

  • Contract: A legal written agreement that becomes binding when signed.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

(c) The lease may provide for operation or maintenance by the department or the state agency.
(d) A state agency may not expend appropriated funds for the lease of an aircraft unless the department executes the lease or approves the lease.
(e) A state agency may not use money appropriated by the legislature to rent or lease aircraft except from the department or as provided by Subsection (f). For purposes of this subsection and Subsection (f), payments of mileage reimbursements provided for by the General Appropriations Act are not rentals or leases of aircraft.
(f) If the department determines that no state-owned aircraft is available to meet a transportation need that has arisen or that a rental or lease of aircraft would reduce the state’s transportation costs, the department shall authorize a state agency to expend funds for the rental or lease of aircraft, which may include a helicopter.

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