(a) With the written approval of the governor, the department may contract with the Texas Department of Criminal Justice to transfer facilities to the Texas Department of Criminal Justice or otherwise provide facilities for:
(1) inmates with mental illness in the custody of the Texas Department of Criminal Justice; or
(2) persons with mental illness paroled or released under the supervision of the Texas Department of Criminal Justice.
(b) An agency must report to the governor the agency's reasons for proposing to enter into a contract under this section and request the governor's approval.