73R9381 LJD-F
By Cuellar of Webb H.B. No. 1952
Substitute the following for H.B. No. 1952:
By Eckels C.S.H.B. No. 1952
A BILL TO BE ENTITLED
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 the distribution of state
1-5 publications; and to reporting the use of state vehicles.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 3, State Purchasing and General Services
1-8 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-9 adding Section 3.33 to read as follows:
1-10 Sec. 3.33. CREDIT CARDS. (a) If authorized by rule adopted
1-11 by the comptroller under Section 403.023, Government Code, the
1-12 commission may contract with one or more credit card issuers for
1-13 state agencies to use credit cards to pay for purchases. The
1-14 commission may not enter into a contract that conflicts with the
1-15 comptroller's rules.
1-16 (b) This section does not apply to contracts regarding
1-17 travel services or the use of credit cards to pay for travel
1-18 services under Article 14 of this Act.
1-19 (c) In this section and notwithstanding Section 1.02 of this
1-20 Act, "state agency" has the meaning assigned by Section 403.023(d),
1-21 Government Code.
1-22 SECTION 2. Section 3(h), Article 4348e, Revised Statutes, is
1-23 amended to read as follows:
2-1 (h) The comptroller may adopt procedures and <shall
2-2 promulgate> rules for the effective operation of the uniform
2-3 statewide accounting system, including procedures and rules
2-4 relating to the method used to calculate the net compensation of a
2-5 state officer or employee.
2-6 SECTION 3. Article 1.12, Title 79, Revised Statutes (Article
2-7 5069-1.12, Vernon's Texas Civil Statutes), is amended to read as
2-8 follows:
2-9 Art. 1.12. SURCHARGE FOR USE OF CREDIT CARD. (a) In a
2-10 sales transaction for goods or services involving the use of a
2-11 credit card for an extension of credit, the seller may not impose a
2-12 surcharge on the buyer because the buyer uses a credit card instead
2-13 of cash, a check, or similar means of payment.
2-14 (b) This article does not apply to a state agency, county,
2-15 local governmental entity, or other governmental entity that
2-16 accepts credit cards for the payment of fees, taxes, or other
2-17 charges.
2-18 SECTION 4. Section 9(d), Texas Unemployment Compensation Act
2-19 (Article 5221b-7, Vernon's Texas Civil Statutes), is amended to
2-20 read as follows:
2-21 (d) If a warrant has been issued by the comptroller
2-22 <Comptroller> in payment of benefits as provided under this Act<,>
2-23 and <if> the claimant entitled to receive the <such> warrant
2-24 furnishes proof satisfactory to the comptroller that the claimant
2-25 has lost <or loses,> or for any reason failed <or fails> to receive
3-1 the <such> warrant <after such warrant is or has been issued by the
3-2 Comptroller, and upon satisfactory proof of such>, the comptroller
3-3 <Comptroller> may issue to the claimant a replacement <duplicate>
3-4 warrant as provided by Section 403.054, Government Code.
3-5 Notwithstanding Section 403.054, Government Code, the comptroller
3-6 may not issue a replacement <for in Article 4365, Revised Civil
3-7 Statutes of Texas, 1925, but in no event shall a duplicate> warrant
3-8 <be issued> after one year from the date of the original warrant.
3-9 The state treasurer may not pay a <If, after any> warrant that has
3-10 been issued <by the Comptroller payable> to pay <a claimant for>
3-11 benefits under the provisions of this Act unless the warrant is
3-12 presented<, and such warrant shall have been lost or misplaced, or
3-13 if claimant for any reason fails or refuses to present said
3-14 warrant> for payment within twelve <(12)> months after the date of
3-15 issuance <of such warrant, such warrant shall be cancelled, and
3-16 thereafter no payment shall be made by the Treasurer on such
3-17 warrant, and no duplicate warrant in place thereof shall ever be
3-18 issued>.
3-19 SECTION 5. Article 5999, Revised Statutes, is amended to
3-20 read as follows:
3-21 Art. 5999. Depository of bonds. Except as otherwise
3-22 provided by this article or other law, the <The> bond of each
3-23 officer who is required by law to give an official bond payable to
3-24 the Governor or to the State shall be deposited with the
3-25 Comptroller by the officer who approves the same. The bond<,
4-1 except that> of the Comptroller <which> shall be deposited with the
4-2 Secretary of State.
4-3 SECTION 6. Section 2(b), Chapter 22, Acts of the 57th
4-4 Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
4-5 Texas Civil Statutes), is amended to read as follows:
4-6 (b) The comptroller or the governing board, as the case may
4-7 be, may:
4-8 (1) reduce the salary of participants when authorized
4-9 by the participants <in writing> and shall apply the amount of the
4-10 reduction to the purchase of annuity contracts or to contributions
4-11 to any type of investment authorized in Section 403(b) of the
4-12 Internal Revenue Code of 1954, as it existed on January 1, 1981,
4-13 the exclusive control of which will vest in the participants; and
4-14 (2) develop a system to allow or require participants
4-15 to electronically authorize:
4-16 (A) participation under this Act;
4-17 (B) purchases of annuity contracts; and
4-18 (C) contributions to investments.
4-19 SECTION 7. Section 2(a), Texas Statewide Volunteer Fire
4-20 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
4-21 Statutes), is amended to read as follows:
4-22 (a) The <A> Fire Fighters' Relief and Retirement Fund is a
4-23 trust fund in the state treasury <created>.
4-24 SECTION 8. Section 14, Texas Statewide Volunteer Fire
4-25 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
5-1 Statutes), is amended by adding Subsection (f) to read as follows:
5-2 (f) When investing the surplus of the fund, the commissioner
5-3 and the trustees are a governing body of a public retirement system
5-4 for purposes of Section 802.205, Government Code.
5-5 SECTION 9. Sections 1, 2, 3, and 4, Chapter 603, Acts of the
5-6 51st Legislature, Regular Session, 1949 (Article 6252-3, Vernon's
5-7 Texas Civil Statutes), are amended to read as follows:
5-8 Sec. 1. Whenever any officer or employee of the State of
5-9 Texas, or of any county or other political subdivision or municipal
5-10 corporation therein, shall voluntarily authorize <in writing> his
5-11 or her department head, in case such person is a state officer or
5-12 employee, or the disbursing officer of the county or other
5-13 political subdivision or municipal corporation, in case such person
5-14 is an officer or employee of the county or other political
5-15 subdivision or municipal corporation, to withhold a specified
5-16 portion of his or her salary or compensation for the purpose of
5-17 purchasing United States Savings Bonds, said department head or
5-18 disbursing officer, as the case may be, may withhold from such
5-19 person's salary or compensation for the period and in the amount
5-20 stated in the authorization, each and every payday during such
5-21 period, unless such authorization is terminated as hereinafter
5-22 provided. Such withholding shall be effected by deducting the
5-23 amount so authorized on the payroll of such department, county,
5-24 political subdivision or municipal corporation when presented to
5-25 the Comptroller of Public Accounts or other disbursing officer, as
6-1 the case may be, for warrants to be issued or funds transferred in
6-2 payment thereof.
6-3 Sec. 2. The Comptroller of Public Accounts shall prescribe
6-4 the proper form of payroll for State officers and employees in
6-5 order to comply with this purpose. The disbursing officer of the
6-6 county or other political subdivision or municipal corporation
6-7 referred to herein shall, for the same purpose, prescribe the
6-8 proper form of payroll for the officers and employees thereof.
6-9 When such payroll is presented to the Comptroller or other
6-10 disbursing officer, as the case may be, for payment, a warrant
6-11 shall issue to each officer or employee, whose name appears
6-12 thereon, for the full amount of his or her salary less the amount
6-13 deducted for the purpose of purchasing United States Savings Bonds,
6-14 and a warrant shall issue to the State Department head or to the
6-15 disbursing officer referred to herein, as the case may be, for the
6-16 total amount deducted for all officers or employees for the current
6-17 payroll period. The warrant for said total deduction shall be
6-18 deposited with the State Treasurer, or with the official Treasurer
6-19 of the county or other political subdivision or municipal
6-20 corporation, as the case may be, in trust to be held by said
6-21 officer until disbursed by said department head or disbursing
6-22 officer, as the case may be, for the purchase of United States
6-23 Savings Bonds for the individual designated in said authorization
6-24 filed with said department head or disbursing officer. Said trust
6-25 account shall be designated as "War Bond Payroll Savings Account,"
7-1 and funds deposited therein shall be paid out by said Treasurer on
7-2 proper warrants drawn by said department head or disbursing
7-3 officer, as the case may be. If this section requires a written
7-4 authorization, the authorization may instead be accomplished
7-5 through electronic means. If this section requires a disbursement,
7-6 deposit, or purchase to be made by warrant, the disbursement,
7-7 deposit, or purchase may instead be made through electronic means.
7-8 Sec. 3. The department head or disbursing officer, as the
7-9 case may be, shall use such funds so withheld and so deposited in
7-10 trust for the purpose of purchasing United States Savings Bonds of
7-11 the denomination designated and authorized in said <written>
7-12 authorization, whenever such person shall have a sufficient sum of
7-13 such withheld sums to pay for such bond, and shall immediately
7-14 deliver the bond to the person entitled thereto or shall mail the
7-15 same to the address designated by such person in said <written>
7-16 authorization. Said department head or disbursing officer, as the
7-17 case may be, shall keep proper records at all times showing
7-18 itemization of moneys so withheld and disbursed by him in
7-19 compliance with this Act.
7-20 Sec. 4. The head of any State Department or the disbursing
7-21 officer of any county or other political subdivision or municipal
7-22 corporation of the State of Texas shall cease to withhold any of
7-23 the above-mentioned funds from any of said salaries or
7-24 compensations under said <written> authorization upon the happening
7-25 of any of the following:
8-1 (a) Termination of employment.
8-2 (b) Notice <Written notice> of cancellation of such
8-3 former authorization.
8-4 (c) Termination of the arrangement for withholding of
8-5 such funds by the State Department heads or disbursing officers, as
8-6 the case may be.
8-7 Upon such termination, the money, if any, so withheld, which
8-8 has not been invested in bonds, shall be immediately remitted by
8-9 proper warrant or electronic means to the officer or employee from
8-10 whose salary or compensation such money has been withheld.
8-11 SECTION 10. Sections 1.36, 1.42, 1.43, 2.45, 2.50, and 2.51,
8-12 Article 6252-3g, Revised Statutes, are amended to read as follows:
8-13 Sec. 1.36. Rulemaking. The Employees Retirement System may
8-14 adopt rules, regulations, plans, procedures, and orders necessary
8-15 to carry out the purposes of this subpart including:
8-16 (1) the selection and regulation of vendors of
8-17 investment products;
8-18 (2) the regulation of practices of agents or salesmen
8-19 employed by vendors of investment products;
8-20 (3) the disclosure of information concerning
8-21 investment products;
8-22 (4) the regulation of advertising materials to be used
8-23 by vendors of investment products; <and>
8-24 (5) the development of a system to facilitate the
8-25 electronic authorization, distribution, transfer, and investment of
9-1 deferrals; and
9-2 (6) the submission of financial information by a
9-3 vendor.
9-4 Sec. 1.42. Contract for deferment. The Employees Retirement
9-5 System may contract with an employee of a participating state
9-6 agency for the deferment of any part of the employee's
9-7 compensation. As part of the contract, the employee must consent
9-8 to automatic payroll deductions in an amount equal to the part
9-9 deferred. The employee may change the amount deferred from the
9-10 employee's compensation by notifying the plan administrator in
9-11 accordance with the plan administrator's requirements <writing>.
9-12 Sec. 1.43. Investment and transfer. After the execution of
9-13 the contract between the Employees Retirement System or the
9-14 Employees Retirement System's designee and an employee, the plan
9-15 administrator shall:
9-16 (1) invest the employee's deferrals and investment
9-17 income in the qualified investment products designated <in writing>
9-18 by the employee; and
9-19 (2) promptly transfer the employee's deferrals and
9-20 investment income from one qualified investment product to another
9-21 in accordance with the plan administrator's requirements <on the
9-22 employee's written request>.
9-23 Sec. 2.45. Rulemaking. The Employees Retirement System may
9-24 adopt rules, regulations, plans, procedures, and orders necessary
9-25 to carry out the purposes of this subpart including:
10-1 (1) the selection and regulation of vendors of
10-2 investment products;
10-3 (2) the regulation of practices of agents or salesmen
10-4 employed by vendors of investment products;
10-5 (3) the disclosure of information concerning
10-6 investment products;
10-7 (4) the regulation of advertising materials to be used
10-8 by vendors of investment products; <and>
10-9 (5) the development of a system to facilitate the
10-10 electronic authorization, distribution, transfer, and investment of
10-11 deferrals; and
10-12 (6) the submission of financial information by a
10-13 vendor.
10-14 Sec. 2.50. Contract for deferment. The Employees Retirement
10-15 System may contract with an employee of a participating state
10-16 agency for the deferment of any part of the employee's
10-17 compensation. As part of the contract, the employee must consent
10-18 to automatic payroll deductions in an amount equal to the part
10-19 deferred. The employee may change the amount deferred from the
10-20 employee's compensation by notifying the plan administrator or the
10-21 plan administrator's designee in accordance with the plan
10-22 administrator's requirements <writing>.
10-23 Sec. 2.51. Investment and transfer. After the execution of
10-24 the contract between the Employees Retirement System and an
10-25 employee, the plan administrator shall:
11-1 (1) invest the employee's deferrals and investment
11-2 income in the qualified investment products designated <in writing>
11-3 by the employee; and
11-4 (2) promptly transfer the employee's deferrals and
11-5 investment income from one qualified investment product to another
11-6 in accordance with the plan administrator's requirements <on the
11-7 employee's written request>.
11-8 SECTION 11. Subsections (c), (d), (l), and (m), Section 14,
11-9 Administrative Procedure and Texas Register Act (Article 6252-13a,
11-10 Vernon's Texas Civil Statutes), are amended to read as follows:
11-11 (c) On its own motion or on the written request of any party
11-12 to a contested case pending before it, on a showing of good cause,
11-13 and on deposit of sums that will reasonably insure payment of the
11-14 amounts estimated to accrue under Subsections (l) <(l)(1)> and (m)
11-15 <(2)> of this section, an agency shall issue a subpoena addressed
11-16 to the sheriff or any constable to require the attendance of
11-17 witnesses and the production of books, records, papers, or other
11-18 objects as may be necessary and proper for the purposes of the
11-19 proceedings.
11-20 (d) On its own motion or on the written request of any party
11-21 to a contested case pending before it and on deposit of sums that
11-22 will reasonably insure payment of the amounts estimated to accrue
11-23 under Subsections (l) <(l)(1)> and (m) <(2)> of this section, an
11-24 agency shall issue a commission, addressed to the several officers
11-25 authorized by statute to take depositions, to require that the
12-1 deposition of a witness be taken, which commission shall authorize
12-2 the issuance of any subpoenas necessary to require that the witness
12-3 appear and produce, at the time the deposition is taken, books,
12-4 records, papers, or other objects as may be necessary and proper
12-5 for the purposes of the proceeding. The deposition of a member of
12-6 an agency board may not be taken after a date has been set for
12-7 hearing.
12-8 (l) A witness or deponent who is not a party and who is
12-9 subpoenaed or otherwise compelled to attend any hearing or
12-10 proceeding to give a deposition or to produce books, records,
12-11 papers, or other objects that may be necessary and proper for the
12-12 purposes of the proceeding under the authority of this section is
12-13 entitled to receive:
12-14 (1) mileage of 10 cents a mile, or a greater amount as
12-15 prescribed by agency rule, for going to, and returning from the
12-16 place of the hearing or the place where the deposition is taken, if
12-17 the place is more than 25 miles from the person's place of
12-18 residence and the person uses the person's personally owned or
12-19 leased motor vehicle for the travel;
12-20 (2) reimbursement of the transportation expenses of
12-21 the witness or deponent while going to and returning from the place
12-22 of the hearing or the place where the deposition is taken, if the
12-23 place is more than 25 miles from the person's place of residence
12-24 and the person does not use the person's personally owned or leased
12-25 motor vehicle for the travel;
13-1 (3) reimbursement of the meal and lodging expenses of
13-2 the witness or deponent while going to and returning from the place
13-3 of the hearing or the place where the deposition is taken, if the
13-4 place is more than 25 miles from the person's place of residence;
13-5 and
13-6 (4) <(2)> a fee of $10 a day, or a greater amount as
13-7 prescribed by agency rule, for each day or part of a day the person
13-8 is necessarily present as a witness or deponent.
13-9 (m)(1) The mileage, transportation, meal, and lodging
13-10 expenses <Mileage> and the fees that must be reimbursed or paid <to
13-11 which a witness is entitled> under this section shall be paid or
13-12 reimbursed by the party or agency at whose request the witness or
13-13 deponent appears or the deposition is taken. An agency required to
13-14 make a payment or reimbursement must present to the comptroller<,
13-15 on presentation of proper> vouchers sworn by the witness or
13-16 deponent and approved by the agency in accordance with Article
13-17 6252-31, Revised Statutes, as added by Chapter 641, Acts of the
13-18 72nd Legislature, Regular Session, 1991.
13-19 (2) An agency may directly pay a commercial
13-20 transportation company for the transportation expenses and a
13-21 commercial lodging establishment for the lodging expenses of a
13-22 witness or deponent if this section otherwise requires the agency
13-23 to reimburse the witness or deponent for those expenses.
13-24 (3) An agency may not pay a commercial transportation
13-25 company or commercial lodging establishment or reimburse a witness
14-1 or deponent for transportation, meal, or lodging expenses under
14-2 this section at a rate that exceeds the maximum rates provided by
14-3 law for state employees. An agency may not adopt rules that
14-4 provide for payment or reimbursement rates that exceed those
14-5 maximum rates.
14-6 (4) In this subsection:
14-7 (A) "Commercial lodging establishment" means a
14-8 motel, hotel, inn, apartment, or similar entity that offers lodging
14-9 to the public in exchange for compensation.
14-10 (B) "Commercial transportation company" means an
14-11 entity that offers transportation of people or goods to the public
14-12 in exchange for compensation.
14-13 SECTION 12. Section 1, Chapter 220, Acts of the 42nd
14-14 Legislature, Regular Session, 1931 (Article 6252-21, Vernon's Texas
14-15 Civil Statutes), is amended to read as follows:
14-16 Sec. 1. Whoever uses an automobile or truck owned by this
14-17 State for any purpose shall make a written report of such use to
14-18 the Head of the Department, Institution, Board, Commission or other
14-19 Agency of this State having charge of such automobile or truck,
14-20 such reports to be made daily when such vehicles are in use, a
14-21 separate report being made for each day, and such reports shall be
14-22 made on forms prescribed by the General Services Commission
14-23 <comptroller>. Such reports shall show the purpose for which such
14-24 vehicle was used, the mileage traveled, the amounts of gasoline and
14-25 oil consumed, the passengers carried, and such other information as
15-1 may be necessary to provide a proper record of the use of such
15-2 vehicle. Said reports shall be official records of the State and
15-3 shall be subject to inspection by any official of this State who
15-4 shall be authorized to audit or inspect claims, accounts or records
15-5 of any State Department, Institution, Board, Commission or Agency
15-6 of the State.
15-7 SECTION 13. Section 1(5), Article 6252-31, Revised Statutes,
15-8 as added by Chapter 641, Acts of the 72nd Legislature, Regular
15-9 Session, 1991, is amended to read as follows:
15-10 (5) "State agency" means a department, board,
15-11 commission, committee, council, agency, office, or other entity
15-12 that is in the executive, legislative, or judicial branch of state
15-13 government. The term includes an institution of higher education
15-14 as defined by Section 61.003, Education Code. The term excludes <a
15-15 public junior college and> an entity the jurisdiction of which is
15-16 limited to a geographical portion of the state.
15-17 SECTION 14. Section 6, Article 6252-31, Revised Statutes, as
15-18 added by Chapter 641, Acts of the 72nd Legislature, Regular
15-19 Session, 1991, is amended by adding Subsection (d) to read as
15-20 follows:
15-21 (d) A system for the electronic submission and approval of
15-22 vouchers may provide for the secretary of state to approve the
15-23 comptroller's account electronically.
15-24 SECTION 15. Chapter 16, Acts of the 67th Legislature,
15-25 Regular Session, 1981 (Article 6813e, Vernon's Texas Civil
16-1 Statutes), is amended by adding Section 3 to read as follows:
16-2 Sec. 3. PRIORITY OF DEDUCTIONS. The comptroller may
16-3 determine by rule the priority of deductions to the extent that the
16-4 laws, regulations, and rules of this state and the federal
16-5 government do not otherwise specify the priority. This section
16-6 applies only to the compensation paid by a state governmental body.
16-7 SECTION 16. Section 22.001(a), Civil Practice and Remedies
16-8 Code, is amended to read as follows:
16-9 (a) Except as provided by Section 22.002, a <A> witness is
16-10 entitled to:
16-11 (1) one dollar for each day the witness attends court;
16-12 and
16-13 (2) six cents for each mile the witness travels in
16-14 going to and returning from court.
16-15 SECTION 17. Subchapter A, Chapter 22, Civil Practice and
16-16 Remedies Code, is amended by adding Section 22.002 to read as
16-17 follows:
16-18 Sec. 22.002. FEES FOR WITNESSES SUMMONED BY A STATE
16-19 AGENCY. (a) In this section:
16-20 (1) "Commercial lodging establishment" means a motel,
16-21 hotel, inn, apartment, or similar entity that offers lodging to the
16-22 public in exchange for compensation.
16-23 (2) "Commercial transportation company" means an
16-24 entity that offers transportation of people or goods to the public
16-25 in exchange for compensation.
17-1 (b) A witness summoned by a state agency is entitled to
17-2 receive from the agency:
17-3 (1) one dollar for each day the witness attends court;
17-4 (2) mileage at the rate provided by law for state
17-5 employees if the witness uses the witness's personally owned or
17-6 leased motor vehicle to attend court;
17-7 (3) reimbursement of the witness's transportation
17-8 expenses if the witness does not use the witness's personally owned
17-9 or leased motor vehicle to attend court; and
17-10 (4) reimbursement of the witness's meal and lodging
17-11 expenses while attending court if the court is at least 25 miles
17-12 from the witness's place of residence.
17-13 (c) A state agency may directly pay a commercial
17-14 transportation company for the transportation expenses and a
17-15 commercial lodging establishment for the lodging expenses of a
17-16 witness if this section otherwise requires the agency to reimburse
17-17 the witness for those expenses.
17-18 (d) A state agency may not pay a commercial transportation
17-19 company or a commercial lodging establishment or reimburse a
17-20 witness for transportation, meal, or lodging expenses under this
17-21 section at a rate that exceeds the maximum rates provided by law
17-22 for state employees.
17-23 (e) After receiving the witness's affidavit, the court clerk
17-24 shall issue a certificate showing the fees incurred under this
17-25 section.
18-1 (f) The witness fees must be taxed in the bill of costs as
18-2 other costs.
18-3 SECTION 18. Article 35.27, Code of Criminal Procedure, is
18-4 amended by amending Sections 1, 2, 3, 4, 7, and 9 and by adding
18-5 Section 2A to read as follows:
18-6 Sec. 1. Expenses for Nonresident Witnesses. (a) Every
18-7 person subpoenaed by either party or otherwise required or
18-8 requested in writing by the prosecuting attorney or the court to
18-9 appear for the purpose of giving testimony in a criminal proceeding
18-10 who resides outside the state <State> or the county in which the
18-11 prosecution is pending shall be reimbursed <compensated> by the
18-12 state <State> for the reasonable and necessary transportation,
18-13 meal, and lodging <travel and daily living> expenses he incurs by
18-14 reason of his attendance as a witness at such proceeding.
18-15 (b) The state may reimburse a witness for transportation
18-16 only if the transportation is provided by a commercial
18-17 transportation company or the witness uses the witness's personally
18-18 owned or leased motor vehicle. In this article, "commercial
18-19 transportation company" means an entity that offers transportation
18-20 of people or goods to the public in exchange for compensation.
18-21 (c) The state may reimburse a witness for lodging only if
18-22 the lodging is provided by a commercial lodging establishment. In
18-23 this article, "commercial lodging establishment" means a motel,
18-24 hotel, inn, apartment, or similar entity that offers lodging to the
18-25 public in exchange for compensation.
19-1 Sec. 2. Amount of Reimbursement <Compensation> for Expenses.
19-2 Any person seeking reimbursement <compensation> as a witness shall
19-3 make an affidavit setting out the transportation, meal, and lodging
19-4 <travel and daily living> expenses necessitated by his travel to
19-5 and from and attendance at the place he appeared to give testimony,
19-6 together with the number of days that such travel and attendance
19-7 made him absent from his place of residence. A reimbursement
19-8 <Compensation> paid by the state <State> to a <the> witness for
19-9 transportation, meal, or lodging <such> expenses may <shall> not be
19-10 paid at a rate that exceeds the maximum rates provided by law for
19-11 state employees <exceed $50 per day for daily living expenses and
19-12 16 cents per mile for travel by personal automobile>.
19-13 Sec. 2A. DIRECT PAYMENT OF TRANSPORTATION OR LODGING
19-14 EXPENSES. If this article requires the state to reimburse a
19-15 witness for transportation or lodging expenses, the state may
19-16 instead directly pay a commercial transportation company or
19-17 commercial lodging establishment for those expenses.
19-18 Sec. 3. Other Expenses. In addition to reimbursement or
19-19 payment <compensation> for transportation, meal, and lodging
19-20 expenses <travel and living expenses>, the comptroller <Comptroller
19-21 of Public Accounts>, upon proper application by the attorney for
19-22 the state <State>, shall reimburse or pay the <such> other expenses
19-23 <as may be> required by the laws of this state <State> or the state
19-24 from which the attendance of the witness is sought.
19-25 Sec. 4. Application and Approval by Judge. A reimbursement
20-1 <Compensation> to a witness <witnesses> as provided by <for in>
20-2 this article <Article> shall be paid by the state <State> to the
20-3 witness or his assignee. Claim shall be made by sworn application
20-4 to the comptroller <Comptroller of Public Accounts>, a copy of
20-5 which shall be filed with the clerk of the court, setting out the
20-6 facts showing entitlement as provided in this article <Article> to
20-7 the reimbursement <compensation>, which application shall be
20-8 presented for approval by the judge who presided over the court or
20-9 empaneled the grand jury before whom the criminal proceeding was
20-10 pending. No fee shall be required of any witness for the
20-11 processing of his claim for reimbursement <compensation>.
20-12 Sec. 7. Advance by County. The county in which a criminal
20-13 proceeding is pending, upon request of the district attorney or
20-14 other prosecutor charged with the duty of prosecution in the
20-15 proceeding, may advance funds from its treasury to any witness who
20-16 will be entitled to reimbursement <compensation> under this
20-17 article. The amount advanced may not exceed the amount that is
20-18 <Article in such amounts as may be> reasonably necessary to enable
20-19 the witness to attend as required or requested. However, the
20-20 amount advanced may include<, including any> sums in excess of the
20-21 reimbursement <compensation> provided for by this article if the
20-22 excess is <Article which are> required for compliance with Section
20-23 4 of Article 24.28 in securing the attendance of a witness from
20-24 another state under the Uniform Act. A county that advances funds
20-25 to a witness under this section is<, and upon any such advance or
21-1 advances, the county shall be> entitled to reimbursement by the
21-2 state <State,> as an assignee of the <compensation due a> witness
21-3 <from the State>.
21-4 Sec. 9. Limitations. A witness, when attached and conveyed
21-5 by a sheriff or other officer, is <shall> not eligible to receive
21-6 reimbursement of transportation, meal, or lodging expenses incurred
21-7 <be entitled to receive compensation> while in the custody of the
21-8 officer. A <such officers and the> court, in its discretion, may
21-9 limit the number of character witnesses allowed reimbursement under
21-10 <compensation pursuant to> this article <Article> to not fewer
21-11 <less> than two for each defendant and two per defendant for the
21-12 state <State>.
21-13 SECTION 19. Sections 51.005(a) and (c), Education Code, are
21-14 amended to read as follows:
21-15 (a) True and full accounts shall be kept by the governing
21-16 board and by the employees of the institution of all funds
21-17 collected from all sources and of all sums paid out and the persons
21-18 to whom and the purposes for which the sums are paid. The
21-19 governing board shall annually<, between September 1 and January
21-20 1,> print a complete report of all the sums collected, all
21-21 expenditures, and all sums remaining on hand. The report shall
21-22 show the true condition of all funds as of the August 31 preceding
21-23 as well as the collections and expenditures for the preceding year.
21-24 (c) The governing board shall furnish one copy of the report
21-25 each to the governor, comptroller of public accounts, state
22-1 auditor, Texas Higher Education Coordinating Board, Legislative
22-2 Budget Board, House Appropriations Committee, Senate Finance
22-3 Committee, and Legislative Reference Library. A copy of the
22-4 report shall be submitted to the comptroller by the deadline
22-5 established by the comptroller or the General Appropriations Act as
22-6 necessary to prepare an audited comprehensive financial report.
22-7 The governing board shall retain five copies of the report for
22-8 distribution to legislators or other state officials on request.
22-9 SECTION 20. Section 57.48(f), Education Code, is amended to
22-10 read as follows:
22-11 (f)(1) This subsection applies when a payment is made to a
22-12 person other than through the comptroller's issuance of a warrant
22-13 or the comptroller's use of an electronic funds transfer system.
22-14 (2) A state agency may not use funds inside or outside
22-15 the state treasury to pay a person if <the agency knows that> the
22-16 person is in default on a loan guaranteed under this chapter.
22-17 (3) This subsection does not prohibit a state agency
22-18 from paying the assignee of a person who is in default on a loan
22-19 guaranteed under this chapter if the assignment became effective
22-20 before the person defaulted.
22-21 (4) This subsection does not prohibit a state agency
22-22 from paying the compensation of a state officer or employee.
22-23 (5) The comptroller may not reimburse a state agency
22-24 for a payment that is made in violation of this subsection.
22-25 SECTION 21. Section 403.001(b), Government Code, is amended
23-1 by adding Subdivision (5) to read as follows:
23-2 (5) "Cash Management Improvement Act" means the
23-3 federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
23-4 6501 et seq.).
23-5 SECTION 22. Section 403.005, Government Code, is amended to
23-6 read as follows:
23-7 Sec. 403.005. Approval of Accounts. (a) The comptroller's
23-8 account against the state may not be sent to the treasurer until
23-9 the secretary of state approves it.
23-10 (b) The secretary of state may provide electronic approval
23-11 of the comptroller's account if:
23-12 (1) the comptroller establishes a system for the
23-13 electronic submission and approval of vouchers as authorized by
23-14 Article 6252-31, Revised Statutes, as added by Chapter 641, Acts of
23-15 the 72nd Legislature, Regular Session, 1991; and
23-16 (2) the system is designed for the secretary of state
23-17 to provide electronic approval of the comptroller's account.
23-18 SECTION 23. Section 403.013(c), Government Code, is amended
23-19 to read as follows:
23-20 (c) On the last day of February of each year, in addition to
23-21 the reports required by the constitution and this section, the
23-22 comptroller shall exhibit to the governor an audited comprehensive
23-23 annual <a report including:>
23-24 <(1) a statewide> financial report <covering all state
23-25 agencies, prepared in accordance with generally accepted accounting
24-1 principles,> that includes <financial information of> all state
24-2 agencies determined to be part of the statewide accounting
24-3 <reporting> entity and that is prepared in accordance with
24-4 generally accepted accounting principles as prescribed or modified
24-5 in pronouncements of <defined by> the Governmental Accounting
24-6 Standards Board<;>
24-7 <(2) the outstanding encumbrances of all those state
24-8 agencies;>
24-9 <(3) the spending authority of those state agencies;>
24-10 <(4) all major funds, pension funds, and other funds
24-11 of those state agencies;>
24-12 <(5) a summary of financial information for all state
24-13 funds held outside the treasury;>
24-14 <(6) the status of all outstanding major revenue fund
24-15 appropriation accounts by agency and appropriation account; and>
24-16 <(7) any other information required by the governor,
24-17 comptroller, state treasurer, state auditor, or legislative budget
24-18 board>.
24-19 SECTION 24. Section 403.016, Government Code, is amended to
24-20 read as follows:
24-21 Sec. 403.016. Electronic Funds Transfer. (a) The <Except
24-22 as provided by Subsection (b), the> comptroller shall establish and
24-23 operate an electronic funds transfer system in accordance with this
24-24 section. The comptroller may use the services of financial
24-25 institutions, automated clearinghouses, and the federal government
25-1 to establish and operate the system.
25-2 (b) The comptroller shall use the electronic funds transfer
25-3 system to pay an employee's net state salary and travel expense
25-4 reimbursements unless:
25-5 (1) the employee does not hold a classified position
25-6 under the state's position classification plan and the employee's
25-7 gross state salary is less than the gross state salary for a
25-8 position classified to group 8, step 1, of the state position
25-9 classification plan; or
25-10 (2) the employee holds a classified position under the
25-11 state's position classification plan that is classified below group
25-12 8.
25-13 (c) The comptroller shall use the electronic funds transfer
25-14 system to make:
25-15 (1) <and transfer directly into payees' accounts in
25-16 financial institutions only:>
25-17 <(1) employees' gross state salaries, less deductions
25-18 specifically authorized by state or federal law, or reimbursement
25-19 for employees' travel and subsistence;>
25-20 <(2)> payments of more than $100 to annuitants by the
25-21 Employees Retirement System of Texas or the Teacher Retirement
25-22 System of Texas under either system's administrative jurisdiction;
25-23 (2) <(3)> recurring payments to municipalities,
25-24 counties, political subdivisions, special districts, and other
25-25 governmental entities of this state; and
26-1 (3) <(4)> payments to vendors designated by the
26-2 comptroller.
26-3 (d) If the comptroller is not required by this section to
26-4 use the electronic funds transfer system to pay a person, the
26-5 comptroller may use the system to pay the person on the person's
26-6 request.
26-7 <(b) An employee, annuitant, or vendor may be paid by
26-8 warrant drawn by the comptroller on the state treasury instead of
26-9 by electronic funds transfer if:>
26-10 <(1) the employee holds a classified position under
26-11 the state's position classification plan, the position is
26-12 classified below salary group 8 under the classification salary
26-13 schedule prescribed by the General Appropriations Act, and the
26-14 employee makes a written request for payment by warrant; or>
26-15 <(2) the employee, annuitant, or vendor shows that he
26-16 or she cannot establish a qualifying account for electronic funds
26-17 transfer.>
26-18 (e) <(c)> The comptroller may use the <also establish and
26-19 operate an> electronic funds transfer system to transfer directly
26-20 any portion of employees' gross state salaries into employees'
26-21 accounts in a money market mutual fund established in the Texas
26-22 Treasury Safekeeping Trust Company.
26-23 (f) Except as provided by Subsection (e), the comptroller
26-24 may use the electronic funds transfer system to deposit payments
26-25 only to a payee's account at a financial institution. <(d)> A
27-1 single electronic funds transfer may contain payments to multiple
27-2 payees. Individual transfers or warrants are not required for each
27-3 payee. <The comptroller shall establish procedures for
27-4 administering the system and may use the services of financial
27-5 institutions, automated clearinghouses, and the federal
27-6 government.>
27-7 (g) <(e)> When a law requires the comptroller to make a
27-8 payment by warrant, the comptroller may instead make the payment
27-9 through the <an> electronic funds transfer system. The
27-10 comptroller's use of the <an> electronic funds transfer system or
27-11 any other payment means does not create a right that would not have
27-12 been created if a <state> warrant had been issued <used>.
27-13 (h) Notwithstanding any requirement in this section to make
27-14 a payment through the electronic funds transfer system, the
27-15 comptroller shall issue a warrant to pay a person if:
27-16 (1) the person properly notifies the comptroller that:
27-17 (A) receiving the payment by electronic funds
27-18 transfer would be impractical to the person;
27-19 (B) receiving the payment by electronic funds
27-20 transfer would be more costly to the person than receiving the
27-21 payment by warrant; or
27-22 (C) the person is unable to establish a
27-23 qualifying account at a financial institution to receive electronic
27-24 funds transfers; or
27-25 (2) the state agency on whose behalf the comptroller
28-1 makes the payment properly notifies the comptroller that:
28-2 (A) making the payment by electronic funds
28-3 transfer would be impractical to the agency; or
28-4 (B) making the payment by electronic funds
28-5 transfer would be more costly to the agency than making the payment
28-6 by warrant.
28-7 (i) <(f)> Notwithstanding any requirement in this section to
28-8 make a payment through the electronic funds transfer system <the
28-9 provisions of this section>, the comptroller may make a payment by
28-10 warrant if the comptroller determines that:
28-11 (1) using <where> the <use of> electronic funds
28-12 transfer system would be <is> impractical to the state; or
28-13 (2) <where> the cost to the state of using the
28-14 electronic funds transfer system would exceed the cost of issuing a
28-15 <use of the> warrant.
28-16 (j) The comptroller shall adopt rules to administer this
28-17 section, including rules relating to the notifications that may be
28-18 provided to the comptroller under Subsection (h).
28-19 SECTION 25. Sections 403.0165(a) and (b), Government Code,
28-20 are amended to read as follows:
28-21 (a) An employee of a state agency may authorize <in writing>
28-22 a transfer each pay period from the employee's salary or wage
28-23 payment for a membership fee in an eligible state employee
28-24 organization. The <written> authorization shall remain in effect
28-25 until an employee<, in writing,> authorizes a change in the
29-1 authorization. Authorizations and changes in authorizations must
29-2 be provided in accordance with rules adopted by the comptroller.
29-3 (b) The comptroller <by rule shall establish an annual
29-4 transfer authorization period and> shall adopt <promulgate> rules
29-5 for transfers by employees to a certified eligible state employee
29-6 organization. The rules may authorize electronic transfers of
29-7 amounts deducted from employees' salaries and wages under this
29-8 section.
29-9 SECTION 26. Subchapter B, Chapter 403, Government Code, is
29-10 amended by adding Section 403.023 to read as follows:
29-11 Sec. 403.023. CREDIT CARDS. (a) The treasurer in
29-12 consultation with the comptroller may adopt rules relating to the
29-13 acceptance of credit cards for the payment of fees, taxes, and
29-14 other charges assessed by state agencies. The rules may:
29-15 (1) authorize a state agency to accept credit cards if
29-16 the treasurer determines the best interests of the state would be
29-17 promoted;
29-18 (2) authorize or require a credit card user to pay a
29-19 processing fee to the state agency that accepts the credit card;
29-20 and
29-21 (3) authorize a particular state agency to accept
29-22 credit cards without providing the same authorization to other
29-23 state agencies.
29-24 (b) The comptroller may adopt rules relating to the use of
29-25 credit cards by state agencies to pay for purchases. The rules
30-1 may:
30-2 (1) authorize a state agency to use credit cards if
30-3 the comptroller determines the best interests of the state would be
30-4 promoted;
30-5 (2) authorize a state agency to use credit cards to
30-6 pay for purchases without providing the same authorization to other
30-7 state agencies;
30-8 (3) authorize a state agency to use credit cards to
30-9 pay for purchases that otherwise may be paid out of the agency's
30-10 petty cash accounts under Subchapter K; and
30-11 (4) authorize the General Services Commission to
30-12 contract with one or more credit card issuers on behalf of state
30-13 agencies.
30-14 (c) The treasurer and comptroller may not adopt rules about
30-15 a particular state agency's acceptance or use of credit cards if
30-16 another law specifically authorizes, requires, prohibits, or
30-17 otherwise regulates the acceptance or use.
30-18 (d) In this section, "state agency" means:
30-19 (1) a board, commission, department, or other agency
30-20 in the executive branch of state government that is created by the
30-21 constitution or a statute of this state, including an institution
30-22 of higher education as defined by Section 61.003, Education Code,
30-23 other than a public junior college;
30-24 (2) the legislature or a legislative agency; or
30-25 (3) the supreme court, the court of criminal appeals,
31-1 a court of appeals, or a state judicial agency.
31-2 SECTION 27. Section 403.054, Government Code, is amended to
31-3 read as follows:
31-4 Sec. 403.054. REPLACEMENT <DUPLICATE> WARRANT. (a) Subject
31-5 to Subsection (b), the comptroller may issue a replacement
31-6 <duplicate> warrant in place of an original warrant drawn on the
31-7 state treasury if the state agency on whose behalf the comptroller
31-8 issued the original warrant notifies the comptroller <is satisfied>
31-9 that:
31-10 (1) the original warrant has been lost, destroyed, or
31-11 stolen;
31-12 (2) the original warrant has not been received; or
31-13 (3) the payee's endorsement on the original warrant
31-14 has been forged.
31-15 (b) The comptroller may not issue a replacement warrant if:
31-16 (1) the state treasurer has paid the original warrant,
31-17 unless the treasurer has obtained a refund of the payment;
31-18 (2) the period during which the state treasurer may
31-19 pay the original warrant has expired under Section 404.046 or other
31-20 applicable law;
31-21 (3) the payee of the replacement warrant is not the
31-22 same as the payee of the original warrant; or
31-23 (4) the comptroller is prohibited by Section 403.055
31-24 or 481.0841, or by Section 57.48, Education Code, from issuing a
31-25 warrant to the payee of the replacement warrant <duplicate unless
32-1 the applicant has filed with the comptroller an affidavit stating
32-2 that the applicant is the true owner of the original and that the
32-3 original has been lost, destroyed, or stolen, that it has not been
32-4 received, or that the payee's endorsement on the instrument has
32-5 been forged. If the applicant is a government agency, the head of
32-6 the agency and one other person connected with the handling of
32-7 warrants for the agency shall make this affidavit for a lost or
32-8 destroyed warrant belonging to the agency. An applicant, other
32-9 than a government agency, shall also file with the comptroller a
32-10 bond in the amount of the claim, payable to the governor, approved
32-11 by the comptroller, and conditioned that the applicant will hold
32-12 the state harmless and return to the comptroller on demand the
32-13 duplicate or the amount of money specified in the duplicate and all
32-14 costs of the state in collecting the amount. For the purposes of
32-15 this subsection, "government agency" means a state agency, court,
32-16 school, school district, or a federal agency>.
32-17 (c) A replacement warrant:
32-18 (1) must reflect the same fiscal year as the original
32-19 warrant; and
32-20 (2) may not be paid by the state treasurer unless
32-21 presented for payment to the treasurer or a financial institution
32-22 before the expiration of two years after the close of the fiscal
32-23 year in which the original warrant was issued.
32-24 (d) The state treasurer may not pay an original warrant
32-25 after the comptroller has notified the treasurer that the
33-1 comptroller has issued a replacement warrant for the original
33-2 warrant.
33-3 (e) <(c)> If the comptroller determines that a replacement
33-4 warrant <duplicate> was improperly issued or that the <applicant or
33-5 the> person to whom the replacement <duplicate> was issued was not
33-6 its owner, the comptroller shall immediately demand return of the
33-7 replacement <duplicate> or, if the replacement <duplicate> has been
33-8 paid, the amount paid by the state. If this demand is not
33-9 satisfied, the comptroller shall refer the matter to the attorney
33-10 general for appropriate action <file suit on the bond in Travis
33-11 County>.
33-12 (f) A person <(d) An entity> other than a law enforcement
33-13 official that has possession of a lost or stolen warrant or a
33-14 warrant on which the payee's endorsement has been forged shall, on
33-15 request, immediately deliver the warrant to the <issuing agency or
33-16 the> comptroller or the state agency on whose behalf the
33-17 comptroller issued the warrant <on request>. The agency or
33-18 comptroller shall issue a receipt for the warrant.
33-19 (g) <(e)> Failure to reimburse the state on demand as
33-20 required by Subsection (e) constitutes a debt to the state and
33-21 further payment to the person <applicant> shall be held as provided
33-22 by Section 403.055.
33-23 (h) <(f)> The comptroller shall adopt rules and forms
33-24 regarding the issuance of replacement <duplicate> warrants.
33-25 SECTION 28. Section 403.055(e), Government Code, is amended
34-1 to read as follows:
34-2 (e)(1) This subsection applies when a payment is made to a
34-3 person other than through the comptroller's issuance of a warrant
34-4 or the comptroller's use of an electronic funds transfer system.
34-5 (2) A state agency may not use funds inside or outside
34-6 the state treasury to pay a person if the <agency knows that the>
34-7 person is indebted or owes delinquent taxes to the state or owes
34-8 delinquent taxes under a tax that the comptroller administers or
34-9 collects until the debt or taxes are paid.
34-10 (3) This subsection does not prohibit a state agency
34-11 from paying the assignee of a person who is indebted or owes
34-12 delinquent taxes to the state if the assignment became effective
34-13 before the person became indebted to the state or delinquent in the
34-14 payment of taxes to the state.
34-15 (4) This subsection does not prohibit a state agency
34-16 from paying the compensation of a state officer or employee.
34-17 (5) The comptroller may not reimburse a state agency
34-18 for a payment that is made in violation of this subsection.
34-19 SECTION 29. Section 403.071(f), Government Code, is amended
34-20 to read as follows:
34-21 (f) A person commits an offense if the person knowingly
34-22 makes a false certificate on a claim against the state for the
34-23 purpose of authenticating a claim against the state. An offense
34-24 under this section is punishable by imprisonment in the
34-25 institutional division of the Texas Department of Criminal Justice
35-1 <Corrections> for not less than two or more than five years.
35-2 SECTION 30. Subchapter E, Chapter 403, Government Code, is
35-3 amended by adding Section 403.0721 to read as follows:
35-4 Sec. 403.0721. NET COMPENSATION CALCULATION. The
35-5 comptroller may adopt procedures and rules relating to the method
35-6 used to calculate the net compensation of a state officer or
35-7 employee.
35-8 SECTION 31. Section 403.092, Government Code, is amended to
35-9 read as follows:
35-10 Sec. 403.092. TEMPORARY TRANSFER OF SURPLUS AND OTHER CASH.
35-11 (a) To allow efficient management of the cash flow of the general
35-12 revenue fund and to avoid temporary cash deficiency in that fund,
35-13 the comptroller, with the consent of the state treasurer, may
35-14 transfer surplus cash, except constitutionally dedicated revenues,
35-15 between funds in the state treasury. As soon as practicable the
35-16 comptroller shall return the surplus cash to the fund from which it
35-17 was transferred. The comptroller shall preserve the fund equity
35-18 and the state treasurer shall allocate the depository interest as
35-19 if the transfer had not been made.
35-20 (b) If the comptroller submits a statement under Article
35-21 III, Section 49a, of the Texas Constitution when surplus cash
35-22 transferred under Subsection (a) <this section> is in the general
35-23 revenue fund, the comptroller shall indicate in that statement that
35-24 the transferred surplus cash is in the general revenue fund, is a
35-25 liability of that fund, and is not available for appropriation by
36-1 the legislature.
36-2 (c) The comptroller may temporarily transfer cash from the
36-3 general revenue fund to a special fund in the state treasury or to
36-4 an account in the general revenue fund if:
36-5 (1) the transfer contributes toward minimizing the
36-6 state's interest liability under the Cash Management Improvement
36-7 Act of 1990 (31 U.S.C. Section 6501 et seq.) by delaying the
36-8 receipt of federal money;
36-9 (2) the amount transferred does not exceed the amount
36-10 necessary for the comptroller to process a payroll claim that a
36-11 state agency submits before the end of the payroll period under
36-12 Section 403.072;
36-13 (3) the comptroller determines before the transfer
36-14 occurs that other money is not available to process the payroll
36-15 claim;
36-16 (4) before the transfer occurs, the comptroller is
36-17 notified by the state agency whose payroll claim will be processed
36-18 that the federal government is legally required to provide by
36-19 payday sufficient money to pay the claim;
36-20 (5) the transfer does not occur earlier than the 10th
36-21 day before payday; and
36-22 (6) the amount transferred is returned to the general
36-23 revenue fund as soon as possible after the federal money is
36-24 received but not later than payday.
36-25 (d) The amount transferred under Subsection (c) is a
37-1 receivable of the general revenue fund for the purposes of
37-2 statements that the comptroller submits under Article III, Section
37-3 49a, of the Texas Constitution. The transferred amount is
37-4 available for appropriation by the legislature.
37-5 (e) The comptroller may adopt procedures and rules to
37-6 administer Subsections (c) and (d).
37-7 SECTION 32. Section 403.111, Government Code, is amended by
37-8 amending Subsection (a) and adding Subsection (f) to read as
37-9 follows:
37-10 (a) Except as provided by Subsection (f), the <The>
37-11 comptroller shall obtain suitable books for use as bond registers
37-12 by the comptroller's office. The volumes of the books shall be
37-13 separately designated.
37-14 (f) The comptroller may use electronic means, including the
37-15 central electronic computing and data processing center established
37-16 under Section 403.015, instead of books to register bonds.
37-17 SECTION 33. Section 404.071, Government Code, is amended by
37-18 adding Subsections (e)-(h) to read as follows:
37-19 (e) The treasurer shall notify the comptroller of the amount
37-20 of interest paid from the general revenue fund as a result of the
37-21 federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
37-22 6501 et seq.). The treasurer shall provide the notifications in
37-23 accordance with the comptroller's requirements for frequency,
37-24 method, and format.
37-25 (f) For each special fund or account that contains
38-1 depository interest, the comptroller shall transfer from the fund
38-2 or account to the general revenue fund an amount equal to the
38-3 interest paid from the general revenue fund on behalf of the fund
38-4 or account. In this subsection:
38-5 (1) "Account" means a subdivision of a special fund or
38-6 the general revenue fund.
38-7 (2) "Fund" and "special fund" have the meanings
38-8 assigned by Section 403.001.
38-9 (g) The comptroller may adopt procedures and rules to
38-10 administer Subsections (e) and (f).
38-11 (h) Subsections (e) and (f) apply notwithstanding any other
38-12 law.
38-13 SECTION 34. Section 402.273(b), Health and Safety Code, is
38-14 amended to read as follows:
38-15 (b) This subsection applies only if <If> the authority does
38-16 not issue bonds under Subchapter K. The<, the> waste disposal fees
38-17 must also include an amount sufficient to allow the authority to
38-18 recover expenses incurred before beginning operation of the
38-19 disposal site amortized over a period of not more than 20 years
38-20 beginning on the first day of operation of the disposal site. The
38-21 fees must be sufficient to recover the depository interest that the
38-22 general revenue fund would have earned had the fund not been used
38-23 to pay expenses incurred before the disposal site begins operation.
38-24 Depository interest recovered under this subsection shall be
38-25 deposited to the credit of the general revenue fund. Principal
39-1 recovered under this subsection shall be deposited to the credit of
39-2 the general revenue fund until the amount deposited has fully
39-3 reimbursed the fund for expenses paid from the fund before the
39-4 disposal site begins operation. The remainder of the principal
39-5 shall be deposited as provided by Section 402.272(a).
39-6 SECTION 35. Section 31.039, Human Resources Code, is amended
39-7 to read as follows:
39-8 Sec. 31.039. Issuance of Replacement <Duplicate> Assistance
39-9 Warrants. The comptroller may issue a replacement <duplicate>
39-10 financial assistance warrant to a recipient who has failed to
39-11 receive or has lost the original warrant in accordance with Section
39-12 403.054, Government Code <Article 4365, Revised Civil Statutes of
39-13 Texas, 1925, as amended>.
39-14 SECTION 36. The Texas Employees Uniform Group Insurance
39-15 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
39-16 amended by adding Section 4C to read as follows:
39-17 Sec. 4C. ELECTRONIC AUTHORIZATIONS. (a) The trustee may
39-18 develop a system for an employee, school district employee, or
39-19 annuitant to electronically authorize:
39-20 (1) enrollment in a coverage or benefit program;
39-21 (2) contributions to a coverage or benefit program;
39-22 and
39-23 (3) deductions or reductions to the compensation or
39-24 annuity of the employee, school district employee, or annuitant for
39-25 participation in a coverage or benefit program.
40-1 (b) The trustee may permit or require an authorization
40-2 covered by Subsection (a) of this section to be made
40-3 electronically, notwithstanding any law to the contrary.
40-4 SECTION 37. Section 14, Texas Employees Uniform Group
40-5 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
40-6 Code), as amended by Chapters 391 and 850, Acts of the 72nd
40-7 Legislature, Regular Session, 1991, is amended to read as follows:
40-8 Sec. 14. PAYMENT OF CONTRIBUTIONS. (a) The trustee shall
40-9 use the amount appropriated for employer contributions in
40-10 accordance with Section 15 of this Act to fund the basic coverage.
40-11 The trustee may equitably allocate to each health benefits plan the
40-12 employer contributions that would be required to fund basic health
40-13 coverage for participants in the plans to the extent funds are
40-14 available. In allocating the employer contributions among plans,
40-15 the trustee shall consider the relevant risk characteristics of
40-16 each plan's enrollment, including demographic variations in the use
40-17 and cost of health care and the prevailing cost patterns in the
40-18 area in which the plan operates. The allocation must be reasonable
40-19 and set in a manner which assures employees a fair choice among
40-20 health benefit plans providing a basic plan. The contribution set
40-21 for each employee shall be within the total amount appropriated in
40-22 the General Appropriations Act.
40-23 <(b) Each participating school district shall contribute,
40-24 for each school district employee covered by the program, an amount
40-25 equal to the employee only cost of the plans of group coverages
41-1 authorized by the trustee for school district employees, provided
41-2 that the school district's contribution may not exceed the amount
41-3 contributed for each state employee in accordance with Subsection
41-4 (a) of this section. If the cost of the plan authorized by the
41-5 trustee for school district employees exceeds the amount of the
41-6 district's contribution, the district shall deduct from the monthly
41-7 compensation of the employee an amount sufficient to pay the amount
41-8 of the premiums not covered by the district's contribution.>
41-9 (b) Any employer contributions remaining after the basic
41-10 coverage has been funded may be allocated by the trustee to fund
41-11 optional coverages in any manner the trustee determines is
41-12 appropriate.
41-13 (c) The trustee may not allocate any employer contributions
41-14 to fund voluntary coverages. Voluntary coverages must be funded
41-15 solely by employee contributions.
41-16 (d) If the cost of the basic coverage exceeds the amount of
41-17 employer contributions allocated to fund the basic coverage, the
41-18 state shall deduct from or reduce the monthly compensation of the
41-19 employee and shall deduct from the retirement benefits of the
41-20 annuitant an amount sufficient to pay the cost of the basic
41-21 coverage.
41-22 (e) The trustee shall apply the amount of any employer
41-23 contribution allocated to fund optional coverages to the excess of
41-24 the cost of the basic and optional coverages for which the employee
41-25 or annuitant has applied over the basic coverage contribution.
42-1 Except as provided by Subsection (h) of this section, if an
42-2 employee or annuitant applies for basic and optional coverages for
42-3 which the cost exceeds the contributions for those coverages under
42-4 this Act, the employee or annuitant shall authorize <in writing> in
42-5 a form and manner satisfactory to the trustee a deduction from the
42-6 employee's or annuitant's monthly compensation or annuity equal to
42-7 the difference between the cost of basic and optional coverages for
42-8 which the employee or annuitant has applied and the employer
42-9 contributions for basic and optional coverage.
42-10 (f) Except as provided by Subsection (h) of this section, if
42-11 an employee or annuitant applies for voluntary coverages, the
42-12 employee shall authorize <in writing> in a form and manner
42-13 satisfactory to the trustee a deduction from the employee's monthly
42-14 compensation or annuity equal to the cost of the voluntary
42-15 coverages.
42-16 (g) If an employee or annuitant refuses the coverages or
42-17 benefits provided under this Act <in writing> in a form and manner
42-18 satisfactory to the trustee, the state and the employee's
42-19 department may not make any contribution to the cost of any
42-20 coverages or benefits for the employee or annuitant.
42-21 (h) If an employee elects to participate in the cafeteria
42-22 plan, the employee must execute a salary reduction agreement under
42-23 which the employee's monthly compensation will be reduced in an
42-24 amount that is equal to the difference between the employer
42-25 contributions for basic and optional coverages and the cost of the
43-1 cafeteria plan coverages identified by the trustee as comparable to
43-2 the basic and optional coverages for which the employee is
43-3 eligible. The salary reduction agreement must also provide for an
43-4 additional reduction in the employee's compensation equal to the
43-5 cost of voluntary coverages for which the employee has applied. An
43-6 employee who executes a salary reduction agreement for insurance
43-7 coverage included in the cafeteria plan has elected to participate
43-8 in the cafeteria plan and agreed to a salary reduction for the
43-9 insurance coverages for subsequent plan years unless the
43-10 participant, during an annual enrollment period specified by the
43-11 trustee, elects in a form and manner satisfactory to the trustee
43-12 <writing> not to participate for the next plan year in the
43-13 insurance coverages. An employee who has elected not to
43-14 participate in the cafeteria plan insurance coverages may re-enroll
43-15 by executing a new salary reduction agreement during a subsequent
43-16 annual enrollment period. A salary reduction agreement for
43-17 cafeteria plan benefits other than insurance coverages must be
43-18 executed annually, during the annual enrollment period. The
43-19 employee shall pay any remaining portion of the cost of benefits
43-20 that is not covered by the contributions for basic and optional
43-21 coverages and the salary reduction under the cafeteria plan by
43-22 executing a payroll deduction agreement.
43-23 SECTION 38. Subchapter B, Chapter 111, Tax Code, is amended
43-24 by adding Section 111.062 to read as follows:
43-25 Sec. 111.062. ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF
44-1 CERTAIN TAXES AND FEES. (a) The comptroller may accept a credit
44-2 card in payment of:
44-3 (1) a delinquent tax and related penalties and
44-4 interest imposed by this code;
44-5 (2) a fee charged for:
44-6 (A) an account status certificate;
44-7 (B) a no tax due certificate;
44-8 (C) postage;
44-9 (D) a certified copy;
44-10 (E) a copy of a document;
44-11 (F) a microfilm copy;
44-12 (G) written evidence of the comptroller's
44-13 records;
44-14 (H) research;
44-15 (I) labor;
44-16 (J) a minerals tax history; and
44-17 (K) a minerals tax extract; and
44-18 (3) any other service fee charged by the comptroller.
44-19 (b) If the comptroller accepts a payment by credit card, the
44-20 comptroller may require the payment of a processing fee by the
44-21 credit card user.
44-22 SECTION 39. (a) Section 5(c), Chapter 720, Acts of the 66th
44-23 Legislature, Regular Session, 1979 (Article 4413(33a), Vernon's
44-24 Texas Civil Statutes), is repealed.
44-25 (b) Section 9, Chapter 720, Acts of the 66th Legislature,
45-1 Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
45-2 Statutes), is repealed.
45-3 (c) Section 10, Chapter 720, Acts of the 66th Legislature,
45-4 Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
45-5 Statutes), is amended to read as follows:
45-6 Sec. 10. APPLICATION. Sections 4 through 8 <9> of this Act
45-7 do not apply to the distribution of information that is required by
45-8 law.
45-9 SECTION 40. This Act takes effect September 1, 1993.
45-10 SECTION 41. The importance of this legislation and the
45-11 crowded condition of the calendars in both houses create an
45-12 emergency and an imperative public necessity that the
45-13 constitutional rule requiring bills to be read on three several
45-14 days in each house be suspended, and this rule is hereby suspended.