I'm analyzing a lot of legislation this session (and in sessions past) which is expressly limited to "state agencies."

My intuitive understanding of the phrase "state agency" is that it refers to an agency in state government (as opposed to federal government or county government or municipal government).

That said, some definitions of "state agency" seem to be inclusive enough to bring a county or district attorney's office into the mix. Here are two definitions related to current legislation that illustrate the weird inconsistency of this phrase:

Example 1 HB 590 (which requires a state agency to adopt a written ethics policy) incorporates the existing definition of "state agency" in Section 572.002(10), which reads:

quote:

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"State agency" means:
(A) a department, commission, board, office, or
other agency that:
(i) is in the executive branch of state
government;
(ii) has authority that is not limited to a
geographical portion of the state; and
(iii) was created by the Texas Constitution
or a statute of this state.

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Example 2 HB 640 (which requires a "state agency" to post all expenditures on its website) defines "state agency" as follows:

quote:

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"State agency" means a department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code.

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Example 1 doesn't fit a CA or DA because it expressly states that the agency has to have "authority that is not limited to a geographical portion of the state."

Example 2, however, arguably includes a CA or DA, both of whom are "offices" that were created in the judicial department of the Texas Constitution (i.e. Art. V, sec. 21) and are construed to be within the executive branch of state government. See Holmes v. Morales, 924 S.W.2d 920 (Tex. 1996) (holding that DA's office is within definition of "governmental body" as an "office that is within or created by the executive or legislative branch of state government and that is directed by one or more elected or appointed members.")

So, is "state agency" a phrase that is context-specific, as seems to be the case? Do you think that HB 640, if passed, would apply to DA's offices?

I agree, Scott, that it appears that a DA's office would be included under the second definition.

If the answer means the state may have the obligation to fund its agencies, then I might change my answer.