Real and Personal State Property
Purchases of Real Property by State Agencies
A state agency may only use appropriated money to purchase real property with statutory authority or other legislative authorization.
See also: Advance payments.
Documentation Requirements [+]
- A state agency intending to use funds appropriated by the General Appropriations Act (GAA) to purchase real property must cite the specific statutory authority for the purchase. A state agency intending to use other funds also must cite the specific or implied statutory authority for the purchase.
- Unless a state agency is purchasing real property through condemnation proceedings, the agency must send a copy of the settlement or closing statement to the Comptroller’s office.
- Unless a state agency is purchasing real property through condemnation proceedings, the agency must send a copy of the real property purchase contract to the Comptroller’s office.
- The copy must show all necessary signatures.
- The amount of the contract must correspond with the amount indicated in the documents sent to the Comptroller’s office.
- A state agency purchasing real property through condemnation proceedings must send a copy of the commissioners’ award or other appropriate court order to the Comptroller’s office. The copy must show all necessary signatures and must correspond with the amount of the voucher.
- Unless a state agency is purchasing real property through condemnation proceedings, the agency must send a copy of either the commitment for title insurance or the attorney general’s title opinion to the Comptroller’s office. If a copy of the commitment for title insurance is attached, the copy must:
- Show all necessary signatures.
–and– - Reflect the actual amount of title insurance purchased — that amount may not exceed the purchase price of the real property.
- Show all necessary signatures.
- Unless a state agency is purchasing real property through condemnation proceedings, the agency must disclose the date of the closing.
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Comptroller objects of expenditure must be used:
- 7342 (Real Property – Buildings-Capitalized)
- 7345 (Real Property – Land-Capitalized)
- 7350 (Real Property – Buildings- Capital Lease)
See USAS Comptroller Objects That Require Pre-Payment Audit and/or Descriptive/Legal Text for Purchase Documents (FPP I.008) for additional information about all required pre-approval codes.
- Please remit any above required materials to:
State Comptroller of Public Accounts
Fiscal Management Division/Expenditure Audit Section
Attn: Pre-Approval Codes RequiredOr email the materials to exp.audit@cpa.texas.gov
If you have questions, call (512) 475-0995 or (512) 475-0479
Sources [+]
Texas Government Code, Sections 658.001(2) and 2204.002. Texas Attorney General No. LO-96-106 (1996).
