(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.

Source Note: The provisions of this §14.8 adopted to be effective August 20, 2000, 25 TexReg 7720