H.B. No. 1952
1-1 AN ACT
1-2 relating to the receipt, management, and expenditure of funds and
1-3 certain bonds by state agencies and state officials; to the deposit
1-4 of certain official bonds; to certain reviews of state entities by
1-5 the comptroller; to the distribution of state publications; and to
1-6 reporting the use of state vehicles.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Article 3, State Purchasing and General Services
1-9 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-10 adding Section 3.33 to read as follows:
1-11 Sec. 3.33. CREDIT CARDS. (a) If authorized by rule adopted
1-12 by the comptroller under Section 403.023, Government Code, the
1-13 commission may contract with one or more credit card issuers for
1-14 state agencies to use credit cards to pay for purchases. The
1-15 commission may not enter into a contract that conflicts with the
1-16 comptroller's rules.
1-17 (b) This section does not apply to contracts regarding
1-18 travel services or the use of credit cards to pay for travel
1-19 services under Article 14 of this Act.
1-20 (c) In this section and notwithstanding Section 1.02 of this
1-21 Act, "state agency" has the meaning assigned by Section 403.023(e),
1-22 Government Code.
1-23 SECTION 2. Section 3, Article 4348e, Revised Statutes, is
2-1 amended by amending Subsection (h) and adding Subsection (i) to
2-2 read as follows:
2-3 (h) The comptroller may adopt procedures and <shall
2-4 promulgate> rules for the effective operation of the uniform
2-5 statewide accounting system, including procedures and rules
2-6 relating to the method used to calculate the net compensation of a
2-7 state officer or employee.
2-8 (i) The comptroller may periodically review and analyze the
2-9 effectiveness and efficiency of the policies and management of any
2-10 state governmental committee or state agency that is involved in
2-11 analyzing and recommending improvements to the state's system of
2-12 records management and the preservation of the essential records of
2-13 this state, including records relating to financial management
2-14 information.
2-15 SECTION 3. Article 1.12, Title 79, Revised Statutes (Article
2-16 5069-1.12, Vernon's Texas Civil Statutes), is amended to read as
2-17 follows:
2-18 Art. 1.12. SURCHARGE FOR USE OF CREDIT CARD. (a) In a
2-19 sales transaction for goods or services involving the use of a
2-20 credit card for an extension of credit, the seller may not impose a
2-21 surcharge on the buyer because the buyer uses a credit card instead
2-22 of cash, a check, or similar means of payment.
2-23 (b) This article does not apply to a state agency, county,
2-24 local governmental entity, or other governmental entity that
2-25 accepts credit cards for the payment of fees, taxes, or other
3-1 charges.
3-2 SECTION 4. Section 9(d), Texas Unemployment Compensation Act
3-3 (Article 5221b-7, Vernon's Texas Civil Statutes), is amended to
3-4 read as follows:
3-5 (d) If a warrant has been issued by the comptroller
3-6 <Comptroller> in payment of benefits as provided under this Act<,>
3-7 and <if> the claimant entitled to receive the <such> warrant
3-8 furnishes proof satisfactory to the comptroller that the claimant
3-9 has lost <or loses,> or for any reason failed <or fails> to receive
3-10 the <such> warrant <after such warrant is or has been issued by the
3-11 Comptroller, and upon satisfactory proof of such>, the comptroller
3-12 <Comptroller> may issue to the claimant a replacement <duplicate>
3-13 warrant as provided by Section 403.054, Government Code.
3-14 Notwithstanding Section 403.054, Government Code, the comptroller
3-15 may not issue a replacement <for in Article 4365, Revised Civil
3-16 Statutes of Texas, 1925, but in no event shall a duplicate> warrant
3-17 <be issued> after one year from the date of the original warrant.
3-18 The state treasurer may not pay a <If, after any> warrant that has
3-19 been issued <by the Comptroller payable> to pay <a claimant for>
3-20 benefits under the provisions of this Act unless the warrant is
3-21 presented<, and such warrant shall have been lost or misplaced, or
3-22 if claimant for any reason fails or refuses to present said
3-23 warrant> for payment within twelve <(12)> months after the date of
3-24 issuance <of such warrant, such warrant shall be cancelled, and
3-25 thereafter no payment shall be made by the Treasurer on such
4-1 warrant, and no duplicate warrant in place thereof shall ever be
4-2 issued>.
4-3 SECTION 5. Article 5999, Revised Statutes, is amended to
4-4 read as follows:
4-5 Art. 5999. Depository of bonds. Except as otherwise
4-6 provided by this article or other law, the <The> bond of each
4-7 officer who is required by law to give an official bond payable to
4-8 the Governor or to the State shall be deposited with the
4-9 Comptroller by the officer who approves the same. The bond<,
4-10 except that> of the Comptroller <which> shall be deposited with the
4-11 Secretary of State.
4-12 SECTION 6. Section 2(b), Chapter 22, Acts of the 57th
4-13 Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
4-14 Texas Civil Statutes), is amended to read as follows:
4-15 (b) The comptroller or the governing board, as the case may
4-16 be, may:
4-17 (1) reduce the salary of participants when authorized
4-18 by the participants <in writing> and shall apply the amount of the
4-19 reduction to the purchase of annuity contracts or to contributions
4-20 to any type of investment authorized in Section 403(b) of the
4-21 Internal Revenue Code of 1954, as it existed on January 1, 1981,
4-22 the exclusive control of which will vest in the participants; and
4-23 (2) develop a system to allow or require participants
4-24 to electronically authorize:
4-25 (A) participation under this Act;
5-1 (B) purchases of annuity contracts; and
5-2 (C) contributions to investments.
5-3 SECTION 7. Section 2(a), Texas Statewide Volunteer Fire
5-4 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
5-5 Statutes), is amended to read as follows:
5-6 (a) The <A> Fire Fighters' Relief and Retirement Fund is a
5-7 trust fund in the state treasury <created>.
5-8 SECTION 8. Section 14, Texas Statewide Volunteer Fire
5-9 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
5-10 Statutes), is amended by adding Subsection (f) to read as follows:
5-11 (f) When investing the surplus of the fund, the commissioner
5-12 and the trustees are a governing body of a public retirement system
5-13 for purposes of Section 802.205, Government Code.
5-14 SECTION 9. Sections 1, 2, 3, and 4, Chapter 603, Acts of the
5-15 51st Legislature, Regular Session, 1949 (Article 6252-3, Vernon's
5-16 Texas Civil Statutes), are amended to read as follows:
5-17 Sec. 1. Whenever any officer or employee of the State of
5-18 Texas, or of any county or other political subdivision or municipal
5-19 corporation therein, shall voluntarily authorize <in writing> his
5-20 or her department head, in case such person is a state officer or
5-21 employee, or the disbursing officer of the county or other
5-22 political subdivision or municipal corporation, in case such person
5-23 is an officer or employee of the county or other political
5-24 subdivision or municipal corporation, to withhold a specified
5-25 portion of his or her salary or compensation for the purpose of
6-1 purchasing United States Savings Bonds, said department head or
6-2 disbursing officer, as the case may be, may withhold from such
6-3 person's salary or compensation for the period and in the amount
6-4 stated in the authorization, each and every payday during such
6-5 period, unless such authorization is terminated as hereinafter
6-6 provided. Such withholding shall be effected by deducting the
6-7 amount so authorized on the payroll of such department, county,
6-8 political subdivision or municipal corporation when presented to
6-9 the Comptroller of Public Accounts or other disbursing officer, as
6-10 the case may be, for warrants to be issued or funds transferred in
6-11 payment thereof.
6-12 Sec. 2. The Comptroller of Public Accounts shall prescribe
6-13 the proper form of payroll for State officers and employees in
6-14 order to comply with this purpose. The disbursing officer of the
6-15 county or other political subdivision or municipal corporation
6-16 referred to herein shall, for the same purpose, prescribe the
6-17 proper form of payroll for the officers and employees thereof.
6-18 When such payroll is presented to the Comptroller or other
6-19 disbursing officer, as the case may be, for payment, a warrant
6-20 shall issue to each officer or employee, whose name appears
6-21 thereon, for the full amount of his or her salary less the amount
6-22 deducted for the purpose of purchasing United States Savings Bonds,
6-23 and a warrant shall issue to the State Department head or to the
6-24 disbursing officer referred to herein, as the case may be, for the
6-25 total amount deducted for all officers or employees for the current
7-1 payroll period. The warrant for said total deduction shall be
7-2 deposited with the State Treasurer, or with the official Treasurer
7-3 of the county or other political subdivision or municipal
7-4 corporation, as the case may be, in trust to be held by said
7-5 officer until disbursed by said department head or disbursing
7-6 officer, as the case may be, for the purchase of United States
7-7 Savings Bonds for the individual designated in said authorization
7-8 filed with said department head or disbursing officer. Said trust
7-9 account shall be designated as "War Bond Payroll Savings Account,"
7-10 and funds deposited therein shall be paid out by said Treasurer on
7-11 proper warrants drawn by said department head or disbursing
7-12 officer, as the case may be. If this section requires a written
7-13 authorization, the authorization may instead be accomplished
7-14 through electronic means. If this section requires a disbursement,
7-15 deposit, or purchase to be made by warrant, the disbursement,
7-16 deposit, or purchase may instead be made through electronic means.
7-17 Sec. 3. The department head or disbursing officer, as the
7-18 case may be, shall use such funds so withheld and so deposited in
7-19 trust for the purpose of purchasing United States Savings Bonds of
7-20 the denomination designated and authorized in said <written>
7-21 authorization, whenever such person shall have a sufficient sum of
7-22 such withheld sums to pay for such bond, and shall immediately
7-23 deliver the bond to the person entitled thereto or shall mail the
7-24 same to the address designated by such person in said <written>
7-25 authorization. Said department head or disbursing officer, as the
8-1 case may be, shall keep proper records at all times showing
8-2 itemization of moneys so withheld and disbursed by him in
8-3 compliance with this Act.
8-4 Sec. 4. The head of any State Department or the disbursing
8-5 officer of any county or other political subdivision or municipal
8-6 corporation of the State of Texas shall cease to withhold any of
8-7 the above-mentioned funds from any of said salaries or
8-8 compensations under said <written> authorization upon the happening
8-9 of any of the following:
8-10 (a) Termination of employment.
8-11 (b) Notice <Written notice> of cancellation of such
8-12 former authorization.
8-13 (c) Termination of the arrangement for withholding of
8-14 such funds by the State Department heads or disbursing officers, as
8-15 the case may be.
8-16 Upon such termination, the money, if any, so withheld, which
8-17 has not been invested in bonds, shall be immediately remitted by
8-18 proper warrant or electronic means to the officer or employee from
8-19 whose salary or compensation such money has been withheld.
8-20 SECTION 10. Sections 1.36, 1.42, 1.43, 2.45, 2.50, and 2.51,
8-21 Article 6252-3g, Revised Statutes, are amended to read as follows:
8-22 Sec. 1.36. Rulemaking. The Employees Retirement System may
8-23 adopt rules, regulations, plans, procedures, and orders necessary
8-24 to carry out the purposes of this subpart including:
8-25 (1) the selection and regulation of vendors of
9-1 investment products;
9-2 (2) the regulation of practices of agents or salesmen
9-3 employed by vendors of investment products;
9-4 (3) the disclosure of information concerning
9-5 investment products;
9-6 (4) the regulation of advertising materials to be used
9-7 by vendors of investment products; <and>
9-8 (5) the development of a system to facilitate the
9-9 electronic authorization, distribution, transfer, and investment of
9-10 deferrals; and
9-11 (6) the submission of financial information by a
9-12 vendor.
9-13 Sec. 1.42. Contract for deferment. The Employees Retirement
9-14 System may contract with an employee of a participating state
9-15 agency for the deferment of any part of the employee's
9-16 compensation. As part of the contract, the employee must consent
9-17 to automatic payroll deductions in an amount equal to the part
9-18 deferred. The employee may change the amount deferred from the
9-19 employee's compensation by notifying the plan administrator in
9-20 accordance with the plan administrator's requirements <writing>.
9-21 Sec. 1.43. Investment and transfer. After the execution of
9-22 the contract between the Employees Retirement System or the
9-23 Employees Retirement System's designee and an employee, the plan
9-24 administrator shall:
9-25 (1) invest the employee's deferrals and investment
10-1 income in the qualified investment products designated <in writing>
10-2 by the employee; and
10-3 (2) promptly transfer the employee's deferrals and
10-4 investment income from one qualified investment product to another
10-5 in accordance with the plan administrator's requirements <on the
10-6 employee's written request>.
10-7 Sec. 2.45. Rulemaking. The Employees Retirement System may
10-8 adopt rules, regulations, plans, procedures, and orders necessary
10-9 to carry out the purposes of this subpart including:
10-10 (1) the selection and regulation of vendors of
10-11 investment products;
10-12 (2) the regulation of practices of agents or salesmen
10-13 employed by vendors of investment products;
10-14 (3) the disclosure of information concerning
10-15 investment products;
10-16 (4) the regulation of advertising materials to be used
10-17 by vendors of investment products; <and>
10-18 (5) the development of a system to facilitate the
10-19 electronic authorization, distribution, transfer, and investment of
10-20 deferrals; and
10-21 (6) the submission of financial information by a
10-22 vendor.
10-23 Sec. 2.50. Contract for deferment. The Employees Retirement
10-24 System may contract with an employee of a participating state
10-25 agency for the deferment of any part of the employee's
11-1 compensation. As part of the contract, the employee must consent
11-2 to automatic payroll deductions in an amount equal to the part
11-3 deferred. The employee may change the amount deferred from the
11-4 employee's compensation by notifying the plan administrator or the
11-5 plan administrator's designee in accordance with the plan
11-6 administrator's requirements <writing>.
11-7 Sec. 2.51. Investment and transfer. After the execution of
11-8 the contract between the Employees Retirement System and an
11-9 employee, the plan administrator shall:
11-10 (1) invest the employee's deferrals and investment
11-11 income in the qualified investment products designated <in writing>
11-12 by the employee; and
11-13 (2) promptly transfer the employee's deferrals and
11-14 investment income from one qualified investment product to another
11-15 in accordance with the plan administrator's requirements <on the
11-16 employee's written request>.
11-17 SECTION 11. Subsections (c), (d), (l), and (m), Section 14,
11-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
11-19 Vernon's Texas Civil Statutes), are amended to read as follows:
11-20 (c) On its own motion or on the written request of any party
11-21 to a contested case pending before it, on a showing of good cause,
11-22 and on deposit of sums that will reasonably insure payment of the
11-23 amounts estimated to accrue under Subsections (l) <(l)(1)> and (m)
11-24 <(2)> of this section, an agency shall issue a subpoena addressed
11-25 to the sheriff or any constable to require the attendance of
12-1 witnesses and the production of books, records, papers, or other
12-2 objects as may be necessary and proper for the purposes of the
12-3 proceedings.
12-4 (d) On its own motion or on the written request of any party
12-5 to a contested case pending before it and on deposit of sums that
12-6 will reasonably insure payment of the amounts estimated to accrue
12-7 under Subsections (l) <(l)(1)> and (m) <(2)> of this section, an
12-8 agency shall issue a commission, addressed to the several officers
12-9 authorized by statute to take depositions, to require that the
12-10 deposition of a witness be taken, which commission shall authorize
12-11 the issuance of any subpoenas necessary to require that the witness
12-12 appear and produce, at the time the deposition is taken, books,
12-13 records, papers, or other objects as may be necessary and proper
12-14 for the purposes of the proceeding. The deposition of a member of
12-15 an agency board may not be taken after a date has been set for
12-16 hearing.
12-17 (l) A witness or deponent who is not a party and who is
12-18 subpoenaed or otherwise compelled to attend any hearing or
12-19 proceeding to give a deposition or to produce books, records,
12-20 papers, or other objects that may be necessary and proper for the
12-21 purposes of the proceeding under the authority of this section is
12-22 entitled to receive:
12-23 (1) mileage of 10 cents a mile, or a greater amount as
12-24 prescribed by agency rule, for going to, and returning from the
12-25 place of the hearing or the place where the deposition is taken, if
13-1 the place is more than 25 miles from the person's place of
13-2 residence and the person uses the person's personally owned or
13-3 leased motor vehicle for the travel;
13-4 (2) reimbursement of the transportation expenses of
13-5 the witness or deponent while going to and returning from the place
13-6 of the hearing or the place where the deposition is taken, if the
13-7 place is more than 25 miles from the person's place of residence
13-8 and the person does not use the person's personally owned or leased
13-9 motor vehicle for the travel;
13-10 (3) reimbursement of the meal and lodging expenses of
13-11 the witness or deponent while going to and returning from the place
13-12 of the hearing or the place where the deposition is taken, if the
13-13 place is more than 25 miles from the person's place of residence;
13-14 and
13-15 (4) <(2)> a fee of $10 a day, or a greater amount as
13-16 prescribed by agency rule, for each day or part of a day the person
13-17 is necessarily present as a witness or deponent.
13-18 (m)(1) The mileage, transportation, meal, and lodging
13-19 expenses <Mileage> and the fees that must be reimbursed or paid <to
13-20 which a witness is entitled> under this section shall be paid or
13-21 reimbursed by the party or agency at whose request the witness or
13-22 deponent appears or the deposition is taken. An agency required to
13-23 make a payment or reimbursement must present to the comptroller<,
13-24 on presentation of proper> vouchers sworn by the witness or
13-25 deponent and approved by the agency in accordance with Article
14-1 6252-31, Revised Statutes, as added by Chapter 641, Acts of the
14-2 72nd Legislature, Regular Session, 1991.
14-3 (2) An agency may directly pay a commercial
14-4 transportation company for the transportation expenses and a
14-5 commercial lodging establishment for the lodging expenses of a
14-6 witness or deponent if this section otherwise requires the agency
14-7 to reimburse the witness or deponent for those expenses.
14-8 (3) An agency may not pay a commercial transportation
14-9 company or commercial lodging establishment or reimburse a witness
14-10 or deponent for transportation, meal, or lodging expenses under
14-11 this section at a rate that exceeds the maximum rates provided by
14-12 law for state employees. An agency may not adopt rules that
14-13 provide for payment or reimbursement rates that exceed those
14-14 maximum rates.
14-15 (4) In this subsection:
14-16 (A) "Commercial lodging establishment" means a
14-17 motel, hotel, inn, apartment, or similar entity that offers lodging
14-18 to the public in exchange for compensation.
14-19 (B) "Commercial transportation company" means an
14-20 entity that offers transportation of people or goods to the public
14-21 in exchange for compensation.
14-22 SECTION 12. Section 1, Chapter 220, Acts of the 42nd
14-23 Legislature, Regular Session, 1931 (Article 6252-21, Vernon's Texas
14-24 Civil Statutes), is amended to read as follows:
14-25 Sec. 1. Whoever uses an automobile or truck owned by this
15-1 State for any purpose shall make a written report of such use to
15-2 the Head of the Department, Institution, Board, Commission or other
15-3 Agency of this State having charge of such automobile or truck,
15-4 such reports to be made daily when such vehicles are in use, a
15-5 separate report being made for each day, and such reports shall be
15-6 made on forms prescribed by the General Services Commission
15-7 <comptroller>. Such reports shall show the purpose for which such
15-8 vehicle was used, the mileage traveled, the amounts of gasoline and
15-9 oil consumed, the passengers carried, and such other information as
15-10 may be necessary to provide a proper record of the use of such
15-11 vehicle. Said reports shall be official records of the State and
15-12 shall be subject to inspection by any official of this State who
15-13 shall be authorized to audit or inspect claims, accounts or records
15-14 of any State Department, Institution, Board, Commission or Agency
15-15 of the State.
15-16 SECTION 13. Section 1(5), Article 6252-31, Revised Statutes,
15-17 as added by Chapter 641, Acts of the 72nd Legislature, Regular
15-18 Session, 1991, is amended to read as follows:
15-19 (5) "State agency" means a department, board,
15-20 commission, committee, council, agency, office, or other entity
15-21 that is in the executive, legislative, or judicial branch of state
15-22 government. The term includes an institution of higher education
15-23 as defined by Section 61.003, Education Code. The term excludes <a
15-24 public junior college and> an entity the jurisdiction of which is
15-25 limited to a geographical portion of the state.
16-1 SECTION 14. Section 6, Article 6252-31, Revised Statutes, as
16-2 added by Chapter 641, Acts of the 72nd Legislature, Regular
16-3 Session, 1991, is amended by adding Subsection (d) to read as
16-4 follows:
16-5 (d) A system for the electronic submission and approval of
16-6 vouchers may provide for the secretary of state to approve the
16-7 comptroller's account electronically.
16-8 SECTION 15. Chapter 16, Acts of the 67th Legislature,
16-9 Regular Session, 1981 (Article 6813e, Vernon's Texas Civil
16-10 Statutes), is amended by adding Section 3 to read as follows:
16-11 Sec. 3. PRIORITY OF DEDUCTIONS. The comptroller may
16-12 determine by rule the priority of deductions to the extent that the
16-13 laws, regulations, and rules of this state and the federal
16-14 government do not otherwise specify the priority. This section
16-15 applies only to the compensation paid by a state governmental body.
16-16 SECTION 16. Section 22.001(a), Civil Practice and Remedies
16-17 Code, is amended to read as follows:
16-18 (a) Except as provided by Section 22.002, a <A> witness is
16-19 entitled to:
16-20 (1) one dollar for each day the witness attends court;
16-21 and
16-22 (2) six cents for each mile the witness travels in
16-23 going to and returning from court.
16-24 SECTION 17. Subchapter A, Chapter 22, Civil Practice and
16-25 Remedies Code, is amended by adding Section 22.002 to read as
17-1 follows:
17-2 Sec. 22.002. FEES FOR WITNESSES SUMMONED BY A STATE
17-3 AGENCY. (a) In this section:
17-4 (1) "Commercial lodging establishment" means a motel,
17-5 hotel, inn, apartment, or similar entity that offers lodging to the
17-6 public in exchange for compensation.
17-7 (2) "Commercial transportation company" means an
17-8 entity that offers transportation of people or goods to the public
17-9 in exchange for compensation.
17-10 (b) A witness summoned by a state agency is entitled to
17-11 receive from the agency:
17-12 (1) one dollar for each day the witness attends court;
17-13 (2) mileage at the rate provided by law for state
17-14 employees if the witness uses the witness's personally owned or
17-15 leased motor vehicle to attend court;
17-16 (3) reimbursement of the witness's transportation
17-17 expenses if the witness does not use the witness's personally owned
17-18 or leased motor vehicle to attend court; and
17-19 (4) reimbursement of the witness's meal and lodging
17-20 expenses while attending court if the court is at least 25 miles
17-21 from the witness's place of residence.
17-22 (c) A state agency may directly pay a commercial
17-23 transportation company for the transportation expenses and a
17-24 commercial lodging establishment for the lodging expenses of a
17-25 witness if this section otherwise requires the agency to reimburse
18-1 the witness for those expenses.
18-2 (d) A state agency may not pay a commercial transportation
18-3 company or a commercial lodging establishment or reimburse a
18-4 witness for transportation, meal, or lodging expenses under this
18-5 section at a rate that exceeds the maximum rates provided by law
18-6 for state employees.
18-7 (e) After receiving the witness's affidavit, the court clerk
18-8 shall issue a certificate showing the fees incurred under this
18-9 section.
18-10 (f) The witness fees must be taxed in the bill of costs as
18-11 other costs.
18-12 SECTION 18. Article 35.27, Code of Criminal Procedure, is
18-13 amended by amending Sections 1, 2, 3, 4, 7, and 9 and by adding
18-14 Section 2A to read as follows:
18-15 Sec. 1. Expenses for Nonresident Witnesses. (a) Every
18-16 person subpoenaed by either party or otherwise required or
18-17 requested in writing by the prosecuting attorney or the court to
18-18 appear for the purpose of giving testimony in a criminal proceeding
18-19 who resides outside the state <State> or the county in which the
18-20 prosecution is pending shall be reimbursed <compensated> by the
18-21 state <State> for the reasonable and necessary transportation,
18-22 meal, and lodging <travel and daily living> expenses he incurs by
18-23 reason of his attendance as a witness at such proceeding.
18-24 (b) The state may reimburse a witness for transportation
18-25 only if the transportation is provided by a commercial
19-1 transportation company or the witness uses the witness's personally
19-2 owned or leased motor vehicle. In this article, "commercial
19-3 transportation company" means an entity that offers transportation
19-4 of people or goods to the public in exchange for compensation.
19-5 (c) The state may reimburse a witness for lodging only if
19-6 the lodging is provided by a commercial lodging establishment. In
19-7 this article, "commercial lodging establishment" means a motel,
19-8 hotel, inn, apartment, or similar entity that offers lodging to the
19-9 public in exchange for compensation.
19-10 Sec. 2. Amount of Reimbursement <Compensation> for Expenses.
19-11 Any person seeking reimbursement <compensation> as a witness shall
19-12 make an affidavit setting out the transportation, meal, and lodging
19-13 <travel and daily living> expenses necessitated by his travel to
19-14 and from and attendance at the place he appeared to give testimony,
19-15 together with the number of days that such travel and attendance
19-16 made him absent from his place of residence. A reimbursement
19-17 <Compensation> paid by the state <State> to a <the> witness for
19-18 transportation, meal, or lodging <such> expenses may <shall> not be
19-19 paid at a rate that exceeds the maximum rates provided by law for
19-20 state employees <exceed $50 per day for daily living expenses and
19-21 16 cents per mile for travel by personal automobile>.
19-22 Sec. 2A. DIRECT PAYMENT OF TRANSPORTATION OR LODGING
19-23 EXPENSES. If this article requires the state to reimburse a
19-24 witness for transportation or lodging expenses, the state may
19-25 instead directly pay a commercial transportation company or
20-1 commercial lodging establishment for those expenses.
20-2 Sec. 3. Other Expenses. In addition to reimbursement or
20-3 payment <compensation> for transportation, meal, and lodging
20-4 expenses <travel and living expenses>, the comptroller <Comptroller
20-5 of Public Accounts>, upon proper application by the attorney for
20-6 the state <State>, shall reimburse or pay the <such> other expenses
20-7 <as may be> required by the laws of this state <State> or the state
20-8 from which the attendance of the witness is sought.
20-9 Sec. 4. Application and Approval by Judge. A reimbursement
20-10 <Compensation> to a witness <witnesses> as provided by <for in>
20-11 this article <Article> shall be paid by the state <State> to the
20-12 witness or his assignee. Claim shall be made by sworn application
20-13 to the comptroller <Comptroller of Public Accounts>, a copy of
20-14 which shall be filed with the clerk of the court, setting out the
20-15 facts showing entitlement as provided in this article <Article> to
20-16 the reimbursement <compensation>, which application shall be
20-17 presented for approval by the judge who presided over the court or
20-18 empaneled the grand jury before whom the criminal proceeding was
20-19 pending. No fee shall be required of any witness for the
20-20 processing of his claim for reimbursement <compensation>.
20-21 Sec. 7. Advance by County. The county in which a criminal
20-22 proceeding is pending, upon request of the district attorney or
20-23 other prosecutor charged with the duty of prosecution in the
20-24 proceeding, may advance funds from its treasury to any witness who
20-25 will be entitled to reimbursement <compensation> under this
21-1 article. The amount advanced may not exceed the amount that is
21-2 <Article in such amounts as may be> reasonably necessary to enable
21-3 the witness to attend as required or requested. However, the
21-4 amount advanced may include<, including any> sums in excess of the
21-5 reimbursement <compensation> provided for by this article if the
21-6 excess is <Article which are> required for compliance with Section
21-7 4 of Article 24.28 in securing the attendance of a witness from
21-8 another state under the Uniform Act. A county that advances funds
21-9 to a witness under this section is<, and upon any such advance or
21-10 advances, the county shall be> entitled to reimbursement by the
21-11 state <State,> as an assignee of the <compensation due a> witness
21-12 <from the State>.
21-13 Sec. 9. Limitations. A witness, when attached and conveyed
21-14 by a sheriff or other officer, is <shall> not eligible to receive
21-15 reimbursement of transportation, meal, or lodging expenses incurred
21-16 <be entitled to receive compensation> while in the custody of the
21-17 officer. A <such officers and the> court, in its discretion, may
21-18 limit the number of character witnesses allowed reimbursement under
21-19 <compensation pursuant to> this article <Article> to not fewer
21-20 <less> than two for each defendant and two per defendant for the
21-21 state <State>.
21-22 SECTION 19. Sections 51.005(a) and (c), Education Code, are
21-23 amended to read as follows:
21-24 (a) True and full accounts shall be kept by the governing
21-25 board and by the employees of the institution of all funds
22-1 collected from all sources and of all sums paid out and the persons
22-2 to whom and the purposes for which the sums are paid. The
22-3 governing board shall annually<, between September 1 and January
22-4 1,> print a complete report of all the sums collected, all
22-5 expenditures, and all sums remaining on hand. The report shall
22-6 show the true condition of all funds as of the August 31 preceding
22-7 as well as the collections and expenditures for the preceding year.
22-8 (c) The governing board shall furnish one copy of the report
22-9 each to the governor, comptroller of public accounts, state
22-10 auditor, Texas Higher Education Coordinating Board, Legislative
22-11 Budget Board, House Appropriations Committee, Senate Finance
22-12 Committee, and Legislative Reference Library. A copy of the
22-13 report shall be submitted to the comptroller by the deadline
22-14 established by the comptroller or the General Appropriations Act as
22-15 necessary to prepare an audited comprehensive financial report.
22-16 The governing board shall retain five copies of the report for
22-17 distribution to legislators or other state officials on request.
22-18 SECTION 20. Section 57.48(f), Education Code, is amended to
22-19 read as follows:
22-20 (f)(1) This subsection applies when a payment is made to a
22-21 person other than through the comptroller's issuance of a warrant
22-22 or the comptroller's use of an electronic funds transfer system.
22-23 (2) A state agency may not use funds inside or outside
22-24 the state treasury to pay a person if <the agency knows that> the
22-25 person is in default on a loan guaranteed under this chapter.
23-1 (3) This subsection does not prohibit a state agency
23-2 from paying the assignee of a person who is in default on a loan
23-3 guaranteed under this chapter if the assignment became effective
23-4 before the person defaulted.
23-5 (4) This subsection does not prohibit a state agency
23-6 from paying the compensation of a state officer or employee.
23-7 (5) The comptroller may not reimburse a state agency
23-8 for a payment that is made in violation of this subsection.
23-9 SECTION 21. Section 403.001(b), Government Code, is amended
23-10 by adding Subdivision (5) to read as follows:
23-11 (5) "Cash Management Improvement Act" means the
23-12 federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
23-13 6501 et seq.).
23-14 SECTION 22. Section 403.005, Government Code, is amended to
23-15 read as follows:
23-16 Sec. 403.005. Approval of Accounts. (a) The comptroller's
23-17 account against the state may not be sent to the treasurer until
23-18 the secretary of state approves it.
23-19 (b) The secretary of state may provide electronic approval
23-20 of the comptroller's account if:
23-21 (1) the comptroller establishes a system for the
23-22 electronic submission and approval of vouchers as authorized by
23-23 Article 6252-31, Revised Statutes, as added by Chapter 641, Acts of
23-24 the 72nd Legislature, Regular Session, 1991; and
23-25 (2) the system is designed for the secretary of state
24-1 to provide electronic approval of the comptroller's account.
24-2 SECTION 23. Section 403.013(c), Government Code, is amended
24-3 to read as follows:
24-4 (c) On the last day of February of each year, in addition to
24-5 the reports required by the constitution and this section, the
24-6 comptroller shall exhibit to the governor an audited comprehensive
24-7 annual <a report including:>
24-8 <(1) a statewide> financial report <covering all state
24-9 agencies, prepared in accordance with generally accepted accounting
24-10 principles,> that includes <financial information of> all state
24-11 agencies determined to be part of the statewide accounting
24-12 <reporting> entity and that is prepared in accordance with
24-13 generally accepted accounting principles as prescribed or modified
24-14 in pronouncements of <defined by> the Governmental Accounting
24-15 Standards Board<;>
24-16 <(2) the outstanding encumbrances of all those state
24-17 agencies;>
24-18 <(3) the spending authority of those state agencies;>
24-19 <(4) all major funds, pension funds, and other funds
24-20 of those state agencies;>
24-21 <(5) a summary of financial information for all state
24-22 funds held outside the treasury;>
24-23 <(6) the status of all outstanding major revenue fund
24-24 appropriation accounts by agency and appropriation account; and>
24-25 <(7) any other information required by the governor,
25-1 comptroller, state treasurer, state auditor, or legislative budget
25-2 board>.
25-3 SECTION 24. Section 403.016, Government Code, is amended to
25-4 read as follows:
25-5 Sec. 403.016. Electronic Funds Transfer. (a) The <Except
25-6 as provided by Subsection (b), the> comptroller shall establish and
25-7 operate an electronic funds transfer system in accordance with this
25-8 section. The comptroller may use the services of financial
25-9 institutions, automated clearinghouses, and the federal government
25-10 to establish and operate the system.
25-11 (b) The comptroller shall use the electronic funds transfer
25-12 system to pay an employee's net state salary and travel expense
25-13 reimbursements unless:
25-14 (1) the employee does not hold a classified position
25-15 under the state's position classification plan and the employee's
25-16 gross state salary is less than the gross state salary for a
25-17 position classified to group 8, step 1, of the state position
25-18 classification plan; or
25-19 (2) the employee holds a classified position under the
25-20 state's position classification plan that is classified below group
25-21 8.
25-22 (c) The comptroller shall use the electronic funds transfer
25-23 system to make:
25-24 (1) <and transfer directly into payees' accounts in
25-25 financial institutions only:>
26-1 <(1) employees' gross state salaries, less deductions
26-2 specifically authorized by state or federal law, or reimbursement
26-3 for employees' travel and subsistence;>
26-4 <(2)> payments of more than $100 to annuitants by the
26-5 Employees Retirement System of Texas or the Teacher Retirement
26-6 System of Texas under either system's administrative jurisdiction;
26-7 (2) <(3)> recurring payments to municipalities,
26-8 counties, political subdivisions, special districts, and other
26-9 governmental entities of this state; and
26-10 (3) <(4)> payments to vendors designated by the
26-11 comptroller.
26-12 (d) If the comptroller is not required by this section to
26-13 use the electronic funds transfer system to pay a person, the
26-14 comptroller may use the system to pay the person on the person's
26-15 request.
26-16 <(b) An employee, annuitant, or vendor may be paid by
26-17 warrant drawn by the comptroller on the state treasury instead of
26-18 by electronic funds transfer if:>
26-19 <(1) the employee holds a classified position under
26-20 the state's position classification plan, the position is
26-21 classified below salary group 8 under the classification salary
26-22 schedule prescribed by the General Appropriations Act, and the
26-23 employee makes a written request for payment by warrant; or>
26-24 <(2) the employee, annuitant, or vendor shows that he
26-25 or she cannot establish a qualifying account for electronic funds
27-1 transfer.>
27-2 (e) <(c)> The comptroller may use the <also establish and
27-3 operate an> electronic funds transfer system to transfer directly
27-4 any portion of employees' gross state salaries into employees'
27-5 accounts in a money market mutual fund established in the Texas
27-6 Treasury Safekeeping Trust Company.
27-7 (f) Except as provided by Subsection (e), the comptroller
27-8 may use the electronic funds transfer system to deposit payments
27-9 only to a payee's account at a financial institution. <(d)> A
27-10 single electronic funds transfer may contain payments to multiple
27-11 payees. Individual transfers or warrants are not required for each
27-12 payee. <The comptroller shall establish procedures for
27-13 administering the system and may use the services of financial
27-14 institutions, automated clearinghouses, and the federal
27-15 government.>
27-16 (g) <(e)> When a law requires the comptroller to make a
27-17 payment by warrant, the comptroller may instead make the payment
27-18 through the <an> electronic funds transfer system. The
27-19 comptroller's use of the <an> electronic funds transfer system or
27-20 any other payment means does not create a right that would not have
27-21 been created if a <state> warrant had been issued <used>.
27-22 (h) Notwithstanding any requirement in this section to make
27-23 a payment through the electronic funds transfer system, the
27-24 comptroller shall issue a warrant to pay a person if:
27-25 (1) the person properly notifies the comptroller that:
28-1 (A) receiving the payment by electronic funds
28-2 transfer would be impractical to the person;
28-3 (B) receiving the payment by electronic funds
28-4 transfer would be more costly to the person than receiving the
28-5 payment by warrant; or
28-6 (C) the person is unable to establish a
28-7 qualifying account at a financial institution to receive electronic
28-8 funds transfers; or
28-9 (2) the state agency on whose behalf the comptroller
28-10 makes the payment properly notifies the comptroller that:
28-11 (A) making the payment by electronic funds
28-12 transfer would be impractical to the agency; or
28-13 (B) making the payment by electronic funds
28-14 transfer would be more costly to the agency than making the payment
28-15 by warrant.
28-16 (i) <(f)> Notwithstanding any requirement in this section to
28-17 make a payment through the electronic funds transfer system <the
28-18 provisions of this section>, the comptroller may make a payment by
28-19 warrant if the comptroller determines that:
28-20 (1) using <where> the <use of> electronic funds
28-21 transfer system would be <is> impractical to the state; or
28-22 (2) <where> the cost to the state of using the
28-23 electronic funds transfer system would exceed the cost of issuing a
28-24 <use of the> warrant.
28-25 (j) The comptroller shall adopt rules to administer this
29-1 section, including rules relating to the notifications that may be
29-2 provided to the comptroller under Subsection (h).
29-3 SECTION 25. Sections 403.0165(a) and (b), Government Code,
29-4 are amended to read as follows:
29-5 (a) An employee of a state agency may authorize <in writing>
29-6 a transfer each pay period from the employee's salary or wage
29-7 payment for a membership fee in an eligible state employee
29-8 organization. The <written> authorization shall remain in effect
29-9 until an employee<, in writing,> authorizes a change in the
29-10 authorization. Authorizations and changes in authorizations must
29-11 be provided in accordance with rules adopted by the comptroller.
29-12 (b) The comptroller <by rule shall establish an annual
29-13 transfer authorization period and> shall adopt <promulgate> rules
29-14 for transfers by employees to a certified eligible state employee
29-15 organization. The rules may authorize electronic transfers of
29-16 amounts deducted from employees' salaries and wages under this
29-17 section.
29-18 SECTION 26. Subchapter B, Chapter 403, Government Code, is
29-19 amended by adding Sections 403.0205 and 403.023 to read as follows:
29-20 Sec. 403.0205. REVIEW BY COMPTROLLER--INTERSCHOLASTIC
29-21 COMPETITION. The comptroller may periodically review and analyze
29-22 the effectiveness and efficiency of the policies, management,
29-23 fiscal affairs, and operations of an organization that is a
29-24 component or part of a state agency or institution and that
29-25 sanctions or conducts interscholastic competition. The comptroller
30-1 shall report the comptroller's findings to the governor, lieutenant
30-2 governor, and speaker of the house of representatives. The
30-3 legislature may consider the comptroller's reports in connection
30-4 with the legislative appropriations process.
30-5 Sec. 403.023. CREDIT CARDS. (a) The treasurer in
30-6 consultation with the comptroller may adopt rules relating to the
30-7 acceptance of credit cards for the payment of fees, taxes, and
30-8 other charges assessed by state agencies. The rules may:
30-9 (1) authorize a state agency to accept credit cards if
30-10 the treasurer determines the best interests of the state would be
30-11 promoted;
30-12 (2) authorize or require a credit card user to pay a
30-13 processing fee to the state agency that accepts the credit card;
30-14 and
30-15 (3) authorize a particular state agency to accept
30-16 credit cards without providing the same authorization to other
30-17 state agencies.
30-18 (b) The comptroller may adopt rules relating to the use of
30-19 credit cards by state agencies to pay for purchases. The rules
30-20 may:
30-21 (1) authorize a state agency to use credit cards if
30-22 the comptroller determines the best interests of the state would be
30-23 promoted;
30-24 (2) authorize a state agency to use credit cards to
30-25 pay for purchases without providing the same authorization to other
31-1 state agencies;
31-2 (3) authorize a state agency to use credit cards to
31-3 pay for purchases that otherwise may be paid out of the agency's
31-4 petty cash accounts under Subchapter K; and
31-5 (4) authorize the General Services Commission to
31-6 contract with one or more credit card issuers on behalf of state
31-7 agencies.
31-8 (c) The treasurer and comptroller may not adopt rules about
31-9 a particular state agency's acceptance of credit cards that would
31-10 affect a contract that the state agency has entered into that is in
31-11 effect on September 1, 1993.
31-12 (d) The treasurer and comptroller may not adopt rules about
31-13 a particular state agency's acceptance or use of credit cards if
31-14 another law specifically authorizes, requires, prohibits, or
31-15 otherwise regulates the acceptance or use.
31-16 (e) In this section, "state agency" means:
31-17 (1) a board, commission, department, or other agency
31-18 in the executive branch of state government that is created by the
31-19 constitution or a statute of this state, including an institution
31-20 of higher education as defined by Section 61.003, Education Code,
31-21 other than a public junior college;
31-22 (2) the legislature or a legislative agency; or
31-23 (3) the supreme court, the court of criminal appeals,
31-24 a court of appeals, or a state judicial agency.
31-25 SECTION 27. Section 403.054, Government Code, is amended to
32-1 read as follows:
32-2 Sec. 403.054. REPLACEMENT <DUPLICATE> WARRANT. (a) Subject
32-3 to Subsection (b), the comptroller may issue a replacement
32-4 <duplicate> warrant in place of an original warrant drawn on the
32-5 state treasury if the state agency on whose behalf the comptroller
32-6 issued the original warrant notifies the comptroller <is satisfied>
32-7 that:
32-8 (1) the original warrant has been lost, destroyed, or
32-9 stolen;
32-10 (2) the original warrant has not been received; or
32-11 (3) the payee's endorsement on the original warrant
32-12 has been forged.
32-13 (b) The comptroller may not issue a replacement warrant if:
32-14 (1) the state treasurer has paid the original warrant,
32-15 unless the treasurer has obtained a refund of the payment;
32-16 (2) the period during which the state treasurer may
32-17 pay the original warrant has expired under Section 404.046 or other
32-18 applicable law;
32-19 (3) the payee of the replacement warrant is not the
32-20 same as the payee of the original warrant; or
32-21 (4) the comptroller is prohibited by Section 403.055
32-22 or 481.0841, or by Section 57.48, Education Code, from issuing a
32-23 warrant to the payee of the replacement warrant <duplicate unless
32-24 the applicant has filed with the comptroller an affidavit stating
32-25 that the applicant is the true owner of the original and that the
33-1 original has been lost, destroyed, or stolen, that it has not been
33-2 received, or that the payee's endorsement on the instrument has
33-3 been forged. If the applicant is a government agency, the head of
33-4 the agency and one other person connected with the handling of
33-5 warrants for the agency shall make this affidavit for a lost or
33-6 destroyed warrant belonging to the agency. An applicant, other
33-7 than a government agency, shall also file with the comptroller a
33-8 bond in the amount of the claim, payable to the governor, approved
33-9 by the comptroller, and conditioned that the applicant will hold
33-10 the state harmless and return to the comptroller on demand the
33-11 duplicate or the amount of money specified in the duplicate and all
33-12 costs of the state in collecting the amount. For the purposes of
33-13 this subsection, "government agency" means a state agency, court,
33-14 school, school district, or a federal agency>.
33-15 (c) A replacement warrant:
33-16 (1) must reflect the same fiscal year as the original
33-17 warrant; and
33-18 (2) may not be paid by the state treasurer unless
33-19 presented for payment to the treasurer or a financial institution
33-20 before the expiration of two years after the close of the fiscal
33-21 year in which the original warrant was issued.
33-22 (d) The state treasurer may not pay an original warrant
33-23 after the comptroller has notified the treasurer that the
33-24 comptroller has issued a replacement warrant for the original
33-25 warrant.
34-1 (e) <(c)> If the comptroller determines that a replacement
34-2 warrant <duplicate> was improperly issued or that the <applicant or
34-3 the> person to whom the replacement <duplicate> was issued was not
34-4 its owner, the comptroller shall immediately demand return of the
34-5 replacement <duplicate> or, if the replacement <duplicate> has been
34-6 paid, the amount paid by the state. If this demand is not
34-7 satisfied, the comptroller shall refer the matter to the attorney
34-8 general for appropriate action <file suit on the bond in Travis
34-9 County>.
34-10 (f) A person <(d) An entity> other than a law enforcement
34-11 official that has possession of a lost or stolen warrant or a
34-12 warrant on which the payee's endorsement has been forged shall, on
34-13 request, immediately deliver the warrant to the <issuing agency or
34-14 the> comptroller or the state agency on whose behalf the
34-15 comptroller issued the warrant <on request>. The agency or
34-16 comptroller shall issue a receipt for the warrant.
34-17 (g) <(e)> Failure to reimburse the state on demand as
34-18 required by Subsection (e) constitutes a debt to the state and
34-19 further payment to the person <applicant> shall be held as provided
34-20 by Section 403.055.
34-21 (h) <(f)> The comptroller shall adopt rules and forms
34-22 regarding the issuance of replacement <duplicate> warrants.
34-23 SECTION 28. Section 403.055(e), Government Code, is amended
34-24 to read as follows:
34-25 (e)(1) This subsection applies when a payment is made to a
35-1 person other than through the comptroller's issuance of a warrant
35-2 or the comptroller's use of an electronic funds transfer system.
35-3 (2) A state agency may not use funds inside or outside
35-4 the state treasury to pay a person if the <agency knows that the>
35-5 person is indebted or owes delinquent taxes to the state or owes
35-6 delinquent taxes under a tax that the comptroller administers or
35-7 collects until the debt or taxes are paid.
35-8 (3) This subsection does not prohibit a state agency
35-9 from paying the assignee of a person who is indebted or owes
35-10 delinquent taxes to the state if the assignment became effective
35-11 before the person became indebted to the state or delinquent in the
35-12 payment of taxes to the state.
35-13 (4) This subsection does not prohibit a state agency
35-14 from paying the compensation of a state officer or employee.
35-15 (5) The comptroller may not reimburse a state agency
35-16 for a payment that is made in violation of this subsection.
35-17 SECTION 29. Section 403.071(f), Government Code, is amended
35-18 to read as follows:
35-19 (f) A person commits an offense if the person knowingly
35-20 makes a false certificate on a claim against the state for the
35-21 purpose of authenticating a claim against the state. An offense
35-22 under this section is punishable by imprisonment in the
35-23 institutional division of the Texas Department of Criminal Justice
35-24 <Corrections> for not less than two or more than five years.
35-25 SECTION 30. Subchapter E, Chapter 403, Government Code, is
36-1 amended by adding Section 403.0721 to read as follows:
36-2 Sec. 403.0721. NET COMPENSATION CALCULATION. The
36-3 comptroller may adopt procedures and rules relating to the method
36-4 used to calculate the net compensation of a state officer or
36-5 employee.
36-6 SECTION 31. Section 403.092, Government Code, is amended to
36-7 read as follows:
36-8 Sec. 403.092. TEMPORARY TRANSFER OF SURPLUS AND OTHER CASH.
36-9 (a) To allow efficient management of the cash flow of the general
36-10 revenue fund and to avoid temporary cash deficiency in that fund,
36-11 the comptroller, with the consent of the state treasurer, may
36-12 transfer surplus cash, except constitutionally dedicated revenues,
36-13 between funds in the state treasury. As soon as practicable the
36-14 comptroller shall return the surplus cash to the fund from which it
36-15 was transferred. The comptroller shall preserve the fund equity
36-16 and the state treasurer shall allocate the depository interest as
36-17 if the transfer had not been made.
36-18 (b) If the comptroller submits a statement under Article
36-19 III, Section 49a, of the Texas Constitution when surplus cash
36-20 transferred under Subsection (a) <this section> is in the general
36-21 revenue fund, the comptroller shall indicate in that statement that
36-22 the transferred surplus cash is in the general revenue fund, is a
36-23 liability of that fund, and is not available for appropriation by
36-24 the legislature.
36-25 (c) The comptroller may temporarily transfer cash from the
37-1 general revenue fund to a special fund in the state treasury or to
37-2 an account in the general revenue fund if:
37-3 (1) the transfer contributes toward minimizing the
37-4 state's interest liability under the Cash Management Improvement
37-5 Act of 1990 (31 U.S.C. Section 6501 et seq.) by delaying the
37-6 receipt of federal money;
37-7 (2) the amount transferred does not exceed the amount
37-8 necessary for the comptroller to process a payroll claim that a
37-9 state agency submits before the end of the payroll period under
37-10 Section 403.072;
37-11 (3) the comptroller determines before the transfer
37-12 occurs that other money is not available to process the payroll
37-13 claim;
37-14 (4) before the transfer occurs, the comptroller is
37-15 notified by the state agency whose payroll claim will be processed
37-16 that the federal government is legally required to provide by
37-17 payday sufficient money to pay the claim;
37-18 (5) the transfer does not occur earlier than the 10th
37-19 day before payday; and
37-20 (6) the amount transferred is returned to the general
37-21 revenue fund as soon as possible after the federal money is
37-22 received but not later than payday.
37-23 (d) The amount transferred under Subsection (c) is a
37-24 receivable of the general revenue fund for the purposes of
37-25 statements that the comptroller submits under Article III, Section
38-1 49a, of the Texas Constitution. The transferred amount is
38-2 available for appropriation by the legislature.
38-3 (e) The comptroller may adopt procedures and rules to
38-4 administer Subsections (c) and (d).
38-5 SECTION 32. Section 403.111, Government Code, is amended by
38-6 amending Subsection (a) and adding Subsection (f) to read as
38-7 follows:
38-8 (a) Except as provided by Subsection (f), the <The>
38-9 comptroller shall obtain suitable books for use as bond registers
38-10 by the comptroller's office. The volumes of the books shall be
38-11 separately designated.
38-12 (f) The comptroller may use electronic means, including the
38-13 central electronic computing and data processing center established
38-14 under Section 403.015, instead of books to register bonds.
38-15 SECTION 33. Section 404.071, Government Code, is amended by
38-16 adding Subsections (e)-(h) to read as follows:
38-17 (e) The treasurer shall notify the comptroller of the amount
38-18 of interest paid from the general revenue fund as a result of the
38-19 federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
38-20 6501 et seq.). The treasurer shall provide the notifications in
38-21 accordance with the comptroller's requirements for frequency,
38-22 method, and format.
38-23 (f) For each special fund or account that contains
38-24 depository interest, the comptroller shall transfer from the fund
38-25 or account to the general revenue fund an amount equal to the
39-1 interest paid from the general revenue fund on behalf of the fund
39-2 or account. In this subsection:
39-3 (1) "Account" means a subdivision of a special fund or
39-4 the general revenue fund.
39-5 (2) "Fund" and "special fund" have the meanings
39-6 assigned by Section 403.001.
39-7 (g) The comptroller may adopt procedures and rules to
39-8 administer Subsections (e) and (f).
39-9 (h) Subsections (e) and (f) apply notwithstanding any other
39-10 law.
39-11 SECTION 34. Section 402.273(b), Health and Safety Code, is
39-12 amended to read as follows:
39-13 (b) This subsection applies only if <If> the authority does
39-14 not issue bonds under Subchapter K. The<, the> waste disposal fees
39-15 must also include an amount sufficient to allow the authority to
39-16 recover expenses incurred before beginning operation of the
39-17 disposal site amortized over a period of not more than 20 years
39-18 beginning on the first day of operation of the disposal site. The
39-19 fees must be sufficient to recover the depository interest that the
39-20 general revenue fund would have earned had the fund not been used
39-21 to pay expenses incurred before the disposal site begins operation.
39-22 Depository interest recovered under this subsection shall be
39-23 deposited to the credit of the general revenue fund. Principal
39-24 recovered under this subsection shall be deposited to the credit of
39-25 the general revenue fund until the amount deposited has fully
40-1 reimbursed the fund for expenses paid from the fund before the
40-2 disposal site begins operation. The remainder of the principal
40-3 shall be deposited as provided by Section 402.272(a).
40-4 SECTION 35. Section 31.039, Human Resources Code, is amended
40-5 to read as follows:
40-6 Sec. 31.039. Issuance of Replacement <Duplicate> Assistance
40-7 Warrants. The comptroller may issue a replacement <duplicate>
40-8 financial assistance warrant to a recipient who has failed to
40-9 receive or has lost the original warrant in accordance with Section
40-10 403.054, Government Code <Article 4365, Revised Civil Statutes of
40-11 Texas, 1925, as amended>.
40-12 SECTION 36. The Texas Employees Uniform Group Insurance
40-13 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
40-14 amended by adding Section 4C to read as follows:
40-15 Sec. 4C. ELECTRONIC AUTHORIZATIONS. (a) The trustee may
40-16 develop a system for an employee, school district employee, or
40-17 annuitant to electronically authorize:
40-18 (1) enrollment in a coverage or benefit program;
40-19 (2) contributions to a coverage or benefit program;
40-20 and
40-21 (3) deductions or reductions to the compensation or
40-22 annuity of the employee, school district employee, or annuitant for
40-23 participation in a coverage or benefit program.
40-24 (b) The trustee may permit or require an authorization
40-25 covered by Subsection (a) of this section to be made
41-1 electronically, notwithstanding any law to the contrary.
41-2 SECTION 37. Section 14, Texas Employees Uniform Group
41-3 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
41-4 Code), as amended by Chapters 391 and 850, Acts of the 72nd
41-5 Legislature, Regular Session, 1991, is amended to read as follows:
41-6 Sec. 14. PAYMENT OF CONTRIBUTIONS. (a) The trustee shall
41-7 use the amount appropriated for employer contributions in
41-8 accordance with Section 15 of this Act and Subsection (a-1) of this
41-9 section to fund the basic coverage. The trustee may equitably
41-10 allocate to each health benefits plan the employer contributions
41-11 that would be required to fund basic health coverage for
41-12 participants in the plans to the extent funds are available. In
41-13 allocating the employer contributions among plans, the trustee
41-14 shall consider the relevant risk characteristics of each plan's
41-15 enrollment, including demographic variations in the use and cost of
41-16 health care and the prevailing cost patterns in the area in which
41-17 the plan operates. The allocation must be reasonable and set in a
41-18 manner which assures employees a fair choice among health benefit
41-19 plans providing a basic plan. The contribution set for each
41-20 employee shall be within the total amount appropriated in the
41-21 General Appropriations Act.
41-22 (a-1) <(b)> Each participating school district shall
41-23 contribute, for each school district employee covered by the
41-24 program, an amount equal to the employee only cost of the plans of
41-25 group coverages authorized by the trustee for school district
42-1 employees, provided that the school district's contribution may not
42-2 exceed the amount contributed for each state employee by the state
42-3 and the employee's employing department <in accordance with
42-4 Subsection (a) of this section>. If the cost of the plan
42-5 authorized by the trustee for school district employees exceeds the
42-6 amount of the district's contribution, the district shall deduct
42-7 from the monthly compensation of the employee an amount sufficient
42-8 to pay the amount of the premiums not covered by the district's
42-9 contribution.
42-10 (b) Any employer contributions remaining after the basic
42-11 coverage has been funded may be allocated by the trustee to fund
42-12 optional coverages in any manner the trustee determines is
42-13 appropriate.
42-14 (c) The trustee may not allocate any employer contributions
42-15 to fund voluntary coverages. Voluntary coverages must be funded
42-16 solely by employee contributions.
42-17 (d) If the cost of the basic coverage for a state employee
42-18 or annuitant exceeds the amount of employer contributions allocated
42-19 to fund the basic coverage, the state shall deduct from or reduce
42-20 the monthly compensation of the state employee and shall deduct
42-21 from the retirement benefits of the annuitant an amount sufficient
42-22 to pay the cost of the basic coverage.
42-23 (e) The trustee shall apply the amount of any employer
42-24 contribution allocated to fund optional coverages to the excess of
42-25 the cost of the basic and optional coverages for which the employee
43-1 or annuitant has applied over the basic coverage contribution.
43-2 Except as provided by Subsection (h) of this section, if an
43-3 employee or annuitant applies for basic and optional coverages for
43-4 which the cost exceeds the contributions for those coverages under
43-5 this Act, the employee or annuitant shall authorize <in writing> in
43-6 a form and manner satisfactory to the trustee a deduction from the
43-7 employee's or annuitant's monthly compensation or annuity equal to
43-8 the difference between the cost of basic and optional coverages for
43-9 which the employee or annuitant has applied and the employer
43-10 contributions for basic and optional coverage.
43-11 (f) Except as provided by Subsection (h) of this section, if
43-12 an employee or annuitant applies for voluntary coverages, the
43-13 employee shall authorize <in writing> in a form and manner
43-14 satisfactory to the trustee a deduction from the employee's monthly
43-15 compensation or annuity equal to the cost of the voluntary
43-16 coverages.
43-17 (g) If an employee or annuitant refuses the coverages or
43-18 benefits provided under this Act <in writing> in a form and manner
43-19 satisfactory to the trustee, the state and the employee's
43-20 department may not make any contribution to the cost of any
43-21 coverages or benefits for the employee or annuitant.
43-22 (h) If an employee elects to participate in the cafeteria
43-23 plan, the employee must execute a salary reduction agreement under
43-24 which the employee's monthly compensation will be reduced in an
43-25 amount that is equal to the difference between the employer
44-1 contributions for basic and optional coverages and the cost of the
44-2 cafeteria plan coverages identified by the trustee as comparable to
44-3 the basic and optional coverages for which the employee is
44-4 eligible. The salary reduction agreement must also provide for an
44-5 additional reduction in the employee's compensation equal to the
44-6 cost of voluntary coverages for which the employee has applied. An
44-7 employee who executes a salary reduction agreement for insurance
44-8 coverage included in the cafeteria plan has elected to participate
44-9 in the cafeteria plan and agreed to a salary reduction for the
44-10 insurance coverages for subsequent plan years unless the
44-11 participant, during an annual enrollment period specified by the
44-12 trustee, elects in a form and manner satisfactory to the trustee
44-13 <writing> not to participate for the next plan year in the
44-14 insurance coverages. An employee who has elected not to
44-15 participate in the cafeteria plan insurance coverages may re-enroll
44-16 by executing a new salary reduction agreement during a subsequent
44-17 annual enrollment period. A salary reduction agreement for
44-18 cafeteria plan benefits other than insurance coverages must be
44-19 executed annually, during the annual enrollment period. The
44-20 employee shall pay any remaining portion of the cost of benefits
44-21 that is not covered by the contributions for basic and optional
44-22 coverages and the salary reduction under the cafeteria plan by
44-23 executing a payroll deduction agreement.
44-24 SECTION 38. Subchapter B, Chapter 111, Tax Code, is amended
44-25 by adding Section 111.062 to read as follows:
45-1 Sec. 111.062. ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF
45-2 CERTAIN TAXES AND FEES. (a) The comptroller may accept a credit
45-3 card in payment of:
45-4 (1) a delinquent tax and related penalties and
45-5 interest imposed by this code;
45-6 (2) a fee charged for:
45-7 (A) an account status certificate;
45-8 (B) a no tax due certificate;
45-9 (C) postage;
45-10 (D) a certified copy;
45-11 (E) a copy of a document;
45-12 (F) a microfilm copy;
45-13 (G) written evidence of the comptroller's
45-14 records;
45-15 (H) research;
45-16 (I) labor;
45-17 (J) a minerals tax history; and
45-18 (K) a minerals tax extract; and
45-19 (3) any other service fee charged by the comptroller.
45-20 (b) If the comptroller accepts a payment by credit card, the
45-21 comptroller may require the payment of a processing fee by the
45-22 credit card user.
45-23 SECTION 39. (a) Section 5(c), Chapter 720, Acts of the 66th
45-24 Legislature, Regular Session, 1979 (Article 4413(33a), Vernon's
45-25 Texas Civil Statutes), is repealed.
46-1 (b) Section 9, Chapter 720, Acts of the 66th Legislature,
46-2 Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
46-3 Statutes), is repealed.
46-4 (c) Section 10, Chapter 720, Acts of the 66th Legislature,
46-5 Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
46-6 Statutes), is amended to read as follows:
46-7 Sec. 10. APPLICATION. Sections 4 through 8 <9> of this Act
46-8 do not apply to the distribution of information that is required by
46-9 law.
46-10 SECTION 40. This Act takes effect September 1, 1993.
46-11 SECTION 41. The importance of this legislation and the
46-12 crowded condition of the calendars in both houses create an
46-13 emergency and an imperative public necessity that the
46-14 constitutional rule requiring bills to be read on three several
46-15 days in each house be suspended, and this rule is hereby suspended.