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.