(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.