By Cuellar of Webb H.B. No. 1952
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the receipt, management, and expenditure of funds by
1-3 state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 3, State Purchasing and General Services
1-6 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-7 adding Section 3.33 to read as follows:
1-8 Sec. 3.33. CREDIT CARDS. (a) If authorized by rule adopted
1-9 by the comptroller under Section 403.023, Government Code, the
1-10 commission may contract with one or more credit card issuers for
1-11 state agencies to use credit cards to pay for purchases. The
1-12 commission may not enter into a contract that conflicts with the
1-13 comptroller's rules.
1-14 (b) This section does not apply to contracts regarding
1-15 travel services or the use of credit cards to pay for travel
1-16 services under Article 14 of this Act.
1-17 (c) In this section and notwithstanding Section 1.02 of this
1-18 Act, "state agency" has the meaning assigned by Section 403.023(d),
1-19 Government Code.
1-20 SECTION 2. Subsection (h), Section 3, Article 4348e, Revised
1-21 Statutes, is amended to read as follows:
1-22 (h) The comptroller may adopt procedures and <shall
1-23 promulgate> rules for the effective operation of the uniform
2-1 statewide accounting system, including procedures and rules about
2-2 the method used to calculate the net compensation of a state
2-3 officer or employee.
2-4 SECTION 3. Article 1.12, Chapter 1, Title 79, Revised
2-5 Statutes (Article 5069-1.12, Vernon's Texas Civil Statutes), is
2-6 amended to read as follows:
2-7 Article 1.12. (a) In a sales transaction for goods or
2-8 services involving the use of a credit card for an extension of
2-9 credit, the seller may not impose a surcharge on the buyer because
2-10 the buyer uses a credit card instead of cash, a check, or similar
2-11 means of payment.
2-12 (b) Subsection (a) of this article does not apply to a state
2-13 agency, county, local government, or other governmental entity that
2-14 accepts credit cards for the payment of fees, taxes, and other
2-15 charges.
2-16 SECTION 4. Subsection (d), Section 7, Texas Unemployment
2-17 Compensation Act (Article 522lb-7, Vernon's Texas Civil Statutes)
2-18 is amended to read as follows:
2-19 (d) If a warrant has been issued by the comptroller
2-20 <Comptroller> in payment of benefits as provided under this Act<,>
2-21 and <if> the claimant entitled to receive the <such> warrant
2-22 furnishes proof satisfactory to the comptroller that the claimant
2-23 has lost <or loses,> or for any reason failed <or fails> to receive
2-24 the <such> warrant <after such warrant is or has been issued by the
2-25 Comptroller, and upon satisfactory proof of such>, then the
3-1 comptroller <Comptroller> may issue to the claimant a replacement
3-2 <duplicate> warrant as provided <for> in Section 403.054,
3-3 Government Code <Article 4365, Revised Civil Statutes of Texas,
3-4 1925,>. Notwithstanding Section 403.054, Government Code, the
3-5 comptroller may not issue a replacement <but in no event shall a
3-6 duplicate> warrant <be issued> after one year from the date of the
3-7 original warrant.
3-8 The state treasurer may not pay <If, after> a <any> warrant
3-9 that has been issued <by the Comptroller payable> to pay <a
3-10 claimant for> benefits under the provisions of this Act<, and such
3-11 warrant shall have been lost or misplaced, or> unless the warrant
3-12 is presented <if claimant for any reason fails or refuses to
3-13 present said warrant> for payment within twelve <(12)> months after
3-14 the date of issuance <of such warrant, such warrant shall be
3-15 cancelled, and thereafter no payment shall be made by the Treasurer
3-16 on such warrant, and no duplicate warrant in place thereof shall
3-17 ever be issued>.
3-18 SECTION 5. Article 5999, Revised Statutes, is amended to
3-19 read as follows:
3-20 Art. 5999. DEPOSITORY OF BONDS. Except as otherwise
3-21 provided by this article or other law, the <The> bond of each
3-22 officer who is required by law to give an official bond payable to
3-23 the Governor or to the State shall be deposited with the
3-24 Comptroller by the officer who approves the same. The bond<,
3-25 except that> of the Comptroller <which> shall be deposited with the
4-1 Secretary of State.
4-2 SECTION 6. Subsection (a), Section 2, Chapter 269, Acts of
4-3 the 65th Legislature, Regular Session, 1977 (Article 6243e.3,
4-4 Vernon's Texas Civil Statutes), is amended to read as follows:
4-5 (a) The <A> Fire Fighters' Relief and Retirement Fund is
4-6 created as a trust fund with the state treasurer.
4-7 SECTION 7. Section 14, Chapter 269, Acts of the 65th
4-8 Legislature, Regular Session, 1977 (Article 6243e.3, Vernon's Texas
4-9 Civil Statutes), is amended by adding Subsection (f) to read as
4-10 follows:
4-11 (f) When investing the surplus of the fund, the commissioner
4-12 and the trustees are a governing body of a public retirement system
4-13 for the purpose of Section 802.205, Government Code.
4-14 SECTION 8. Subsections (c), (d), (l) and (m), Section 14,
4-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-16 Vernon's Texas Civil Statutes), are amended to read as follows:
4-17 (c) On its own motion or on the written request of any party
4-18 to a contested case pending before it, on a showing of good cause,
4-19 and on deposit of sums that will reasonably insure payment of the
4-20 amounts estimated to accrue under Subsections (l) and (m) <(1) and
4-21 (2)> of this section, an agency shall issue a subpoena addressed to
4-22 the sheriff or any constable to require the attendance of witnesses
4-23 and the production of books, records, papers, or other objects as
4-24 may be necessary and proper for the purposes of the proceedings.
4-25 (d) On its own motion or on the written request of any party
5-1 to a contested case pending before it and on deposit of sums that
5-2 will reasonably insure payment of the amounts estimated to accrue
5-3 under Subsections (l) and (m) <(1) and (2)> of this section, an
5-4 agency shall issue a commission, addressed to the several officers
5-5 authorized by statute to take depositions, to require that the
5-6 deposition of a witness be taken, which commission shall authorize
5-7 the issuance of any subpoenas necessary to require that the witness
5-8 appear and produce, at the time the deposition is taken, books,
5-9 records, papers, or other objects as may be necessary and proper
5-10 for the purposes of the proceeding. The deposition of a member of
5-11 an agency board may not be taken after a date has been set for
5-12 hearing.
5-13 (l) A witness or deponent who is not a party and who
5-14 is subpoenaed or otherwise compelled to attend any hearing or
5-15 proceeding to give a deposition or to produce books, records,
5-16 papers, or other objects that may be necessary and proper for the
5-17 purposes of the proceeding under the authority of this section is
5-18 entitled to receive:
5-19 (1)(A) mileage of 10 cents a mile, or a greater amount
5-20 as prescribed by agency rule, for going to, and returning from the
5-21 place of the hearing or the place where the deposition is taken, if
5-22 the place is more than 25 miles from the person's place of
5-23 residence and if the person uses the person's personally owned or
5-24 leased motor vehicle for the travel; or
5-25 (B) reimbursement of the transportation expenses
6-1 of the witness or deponent while going to and returning from the
6-2 place of the hearing or the place where the deposition is taken, if
6-3 the place is more than 25 miles from the person's place of
6-4 residence and if the person does not use the person's personally
6-5 owned or leased motor vehicle for the travel;
6-6 (2) reimbursement of the meal and lodging expenses of
6-7 the witness or deponent while going to and returning from the place
6-8 of the hearing or the place where the deposition is taken, if the
6-9 place is more than 25 miles from the person's place of residence;
6-10 and
6-11 (3) <(2)> a fee of $10 a day, or a greater amount as
6-12 prescribed by agency rule, for each day or part of a day the person
6-13 is necessarily present as a witness or deponent.
6-14 (m)(1) The mileage, <Mileage> transportation, meal, and
6-15 lodging expenses, and the fees that must be reimbursed or paid <to
6-16 which a witness is entitled> under this section shall be paid or
6-17 reimbursed by the party or agency at whose request the witness or
6-18 deponent appears or the deposition is taken. When an agency is
6-19 required to make a payment or reimbursement, the agency must
6-20 present <on presentation of proper> vouchers to the comptroller
6-21 that have been sworn by the witness or deponent and approved by the
6-22 agency in accordance with Article 6252-31, Revised Statutes (as
6-23 added by Section 35, Chapter 641, Acts of the 72nd Legislature,
6-24 Regular Session, 1991).
6-25 (2) An agency may directly pay a commercial
7-1 transportation company for the transportation expenses and a
7-2 commercial lodging establishment for the lodging expenses of a
7-3 witness or deponent if this section otherwise requires the agency
7-4 to reimburse the witness or deponent for those expenses.
7-5 (3) An agency may not pay a commercial transportation
7-6 company or commercial lodging establishment or reimburse a witness
7-7 or deponent for transportation, meals, or lodging expenses under
7-8 this section at rates that exceed the maximum rates provided by law
7-9 for state employees. An agency may not adopt rules that provide
7-10 for payment or reimbursement rates that exceed those maximum rates.
7-11 (4) In this subsection:
7-12 (A) "Commercial lodging establishment" means a
7-13 motel, hotel, inn, apartment, or similar entity that offers lodging
7-14 to the public in exchange for compensation.
7-15 (B) "Commercial transportation company" means an
7-16 entity that offers transportation of people or goods to the public
7-17 in exchange for compensation.
7-18 SECTION 9. Section 1, Chapter 220, Acts of the 42nd
7-19 Legislature, Regular Session, 1931 (Article 6252-21, Vernon's Texas
7-20 Civil Statutes), is amended to read as follows:
7-21 Sec. 1. Whoever uses an automobile or truck owned by this
7-22 State for any purpose shall make a written report of such use to
7-23 the Head of the Department, Institution, Board, Commission or other
7-24 Agency of this State having charge of such automobile or truck,
7-25 such reports to be made daily when such vehicles are in use, a
8-1 separate report being made for each day, and such reports shall be
8-2 made on forms prescribed by the General Services Commission
8-3 <comptroller>. Such reports shall show the purpose for which such
8-4 vehicle was used, the mileage traveled, the amounts of gasoline and
8-5 oil consumed, the passengers carried, and such other information as
8-6 may be necessary to provide a proper record of the use of such
8-7 vehicle. Said reports shall be official records of the State and
8-8 shall be subject to inspection by any official of this State who
8-9 shall be authorized to audit or inspect claims, accounts or records
8-10 of any State Department, Institution, Board, Commission or Agency
8-11 of the State.
8-12 SECTION 10. Section 1(5), Article 6252-31, Revised Statutes,
8-13 as added by Section 35, Chapter 641, Acts of the 72nd Legislature,
8-14 Regular Session, 1991, is amended to read as follows:
8-15 (5) "State agency" means a department, board,
8-16 commission, committee, council, agency, office, or other entity
8-17 that is in the executive, legislative, or judicial branch of state
8-18 government. The term includes an institution of higher education
8-19 as defined by Section 61.003, Education Code. The term excludes <a
8-20 public junior college and> an entity the jurisdiction of which is
8-21 limited to a geographical portion of the state.
8-22 SECTION 11. Section 6, Article 6252-31, Revised Statutes, as
8-23 added by Section 35, Chapter 641, Acts of the 72nd Legislature,
8-24 Regular Session, 1991, is amended by adding Subsection (d) to read
8-25 as follows:
9-1 (d) A system for the electronic submission and approval of
9-2 vouchers may provide for the secretary of state to approve the
9-3 comptroller's account electronically.
9-4 SECTION 12. Chapter 16, Acts of the 67th Legislature,
9-5 Regular Session, 1981 (Article 6813e, Vernon's Texas Civil
9-6 Statutes), is amended by adding Section 2A to read as follows:
9-7 Sec. 2A. The comptroller may determine by rule the priority
9-8 of deductions to the extent that the laws, regulations, and rules
9-9 of this state and the federal government do not otherwise specify
9-10 the priority. This section applies only to the compensation paid
9-11 by a state governmental body.
9-12 SECTION 13. Subsection (a), Section 22.001, Civil Practices
9-13 and Remedies Code, is amended to read as follows:
9-14 (a) Except as provided in Section 22.002, a <A> witness is
9-15 entitled to:
9-16 (1) one dollar for each day the witness attends court;
9-17 and
9-18 (2) six cents for each mile the witness travels in
9-19 going to and returning from court.
9-20 SECTION 14. Chapter 22, Civil Practices and Remedies Code,
9-21 is amended by adding Section 22.002, to read as follows:
9-22 Sec. 22.002. FEES FOR WITNESSES SUMMONED BY A STATE
9-23 AGENCY. (a) In this section:
9-24 (1) "Commercial lodging establishment" means a motel,
9-25 hotel, inn, apartment, or similar entity that offers lodging to the
10-1 public in exchange for compensation.
10-2 (2) "Commercial transportation company" means an
10-3 entity that offers transportation of people or goods to the public
10-4 in exchange for compensation.
10-5 (b) A witness summoned by a state agency is entitled to
10-6 receive from the agency:
10-7 (1) one dollar for each day the witness attends court;
10-8 (2) mileage at the rate provided by law for state
10-9 employees if the witness uses the witness's personally owned or
10-10 leased motor vehicle to attend court;
10-11 (3) reimbursement of the witness's transportation
10-12 expenses if the witness does not use the witness's personally owned
10-13 or leased motor vehicle to attend court; and
10-14 (4) reimbursement of the witness's meal and lodging
10-15 expenses while attending court if the court is at least 25 miles
10-16 from the witness's place of residence.
10-17 (c) A state agency may directly pay a commercial
10-18 transportation company for the transportation expenses and a
10-19 commercial lodging establishment for the lodging expenses of a
10-20 witness if this section otherwise requires the agency to reimburse
10-21 the witness for those expenses.
10-22 (d) A state agency may not pay a commercial transportation
10-23 company or a commercial lodging establishment or reimburse a
10-24 witness for transportation, meal, or lodging expenses under this
10-25 section at rates that exceed the maximum rates provided by law for
11-1 state employees.
11-2 (e) After receiving the witness's affidavit, the court clerk
11-3 shall issue a certificate stating the fees incurred under this
11-4 section.
11-5 (f) The witness fees must be taxed in the bill of costs as
11-6 other costs.
11-7 SECTION 15. Article 35.27, Code of Criminal Procedure, is
11-8 amended by amending Subsections 1, 2, 3, 4, 7, and 9 and by adding
11-9 Section 2A to read as follows:
11-10 Expenses for nonresident witnesses
11-11 Sec. 1. (1) Every person subpoenaed by either party or
11-12 otherwise required or requested in writing by the prosecuting
11-13 attorney or the court to appear for the purpose of giving testimony
11-14 in a criminal proceeding who resides outside the state <State> or
11-15 the county in which the prosecution is pending shall be reimbursed
11-16 <compensated> by the state <State> for the reasonable and necessary
11-17 transportation, meals, and lodging <travel and daily living>
11-18 expenses he incurs by reason of his attendance as a witness at such
11-19 proceeding.
11-20 (2) The state may reimburse a witness for
11-21 transportation only if the transportation is provided by a
11-22 commercial transportation company or is via the witness's
11-23 personally owned or leased motor vehicle. In this article,
11-24 "commercial transportation company" means an entity that offers
11-25 transportation of people or goods to the public in exchange for
12-1 compensation.
12-2 (3) The state may reimburse a witness for lodging only
12-3 if the lodging is provided by a commercial lodging establishment.
12-4 In this article, "commercial lodging establishment" means a motel,
12-5 hotel, inn, apartment, or similar entity that offers lodging to the
12-6 public in exchange for compensation.
12-7 Amount of reimbursement <compensation> for expenses
12-8 Sec. 2. Any person seeking reimbursement <compensation> as a
12-9 witness shall make an affidavit setting out the transportation,
12-10 meal, and lodging <travel and daily living> expenses necessitated
12-11 by his travel to and from and attendance at the place he appeared
12-12 to give testimony together with the number of days that such travel
12-13 and attendance made him absent from his place of residence. A
12-14 reimbursement <Compensation> paid by the state <State> to a <the>
12-15 witness for transportation, meal, or lodging <such> expenses may
12-16 <shall> not be paid at rates that exceed the maximum rates provided
12-17 by law for state employees <exceed $50 per day for daily living
12-18 expenses and 16 cents per mile for travel by personal automobile>.
12-19 Direct payment of transportation or lodging expenses
12-20 Sec. 2A. When this article requires the state to reimburse a
12-21 witness for transportation or lodging expenses, the state may
12-22 instead directly pay a commercial transportation company or
12-23 commercial lodging establishment for those expenses.
12-24 Other expenses
12-25 Sec. 3. In addition to reimbursement or payment
13-1 <compensation> for transportation, meal, and lodging expenses
13-2 <travel and living expenses>, the comptroller <Comptroller of
13-3 Public Accounts>, upon proper application by the attorney for the
13-4 state <State>, shall reimburse or pay the <such> other expenses <as
13-5 may be> required by the laws of this state <State> or the state
13-6 from which the attendance of the witness is sought.
13-7 Application and approval by judge
13-8 Sec. 4. A reimbursement <Compensation> to a witness
13-9 <witnesses> as provided <for> in this article <Article> shall be
13-10 paid by the state <State> to the witness or his assignee. Claim
13-11 shall be make by sworn application to the comptroller <Comptroller
13-12 of Public Accounts>, a copy of which shall be filed with the clerk
13-13 of the court, setting out the facts showing entitlement as provided
13-14 in this article <Article> to the reimbursement <compensation>,
13-15 which application shall be presented for approval by the judge who
13-16 presided over the court or impaneled the grand jury before whom the
13-17 criminal proceeding was pending. No fee shall be required of any
13-18 witness for the processing of his claim for reimbursement
13-19 <compensation>.
13-20 Advance by county
13-21 Sec. 7. The county in which a criminal proceeding is
13-22 pending, upon request of the district attorney or other prosecutor
13-23 charged with the duty of prosecution in the proceeding, may advance
13-24 funds from its treasury to any witness who will be entitled to
13-25 reimbursement <compensation> under this article <Article>. The
14-1 amount advanced may not exceed the amount that is <in such amounts
14-2 as may be> reasonably necessary to enable the witness to attend as
14-3 required or requested. However, the amount advanced may include<,
14-4 including any> sums in excess of the reimbursement <compensation>
14-5 provided for by this article if the excess is <Article which are>
14-6 required for compliance with Section 4 of Article 24.28 in securing
14-7 the attendance of a witness from another state under the Uniform
14-8 Act. A county that advances funds to a witness under this section
14-9 is<, and upon any such advance or advances, the county shall be>
14-10 entitled to reimbursement by the state <State,> as an assignee of
14-11 <compensation due a> the witness <from the State>.
14-12 Limitations
14-13 Sec. 9. A witness, when attached and conveyed by a sheriff
14-14 or other officer, is <shall> not <be> eligible to receive <entitled
14-15 to> reimbursement of transportation, meal, or lodging expenses
14-16 incurred <receive compensation> while in the custody of the officer
14-17 <such officers>. A <and the> court, in its discretion, may limit
14-18 the number of character witnesses allowed reimbursement under
14-19 <compensation pursuant to> this article <Article> to not fewer
14-20 <less> than two for each defendant and two per defendant for the
14-21 state <State>.
14-22 SECTION 16. Subsection (f), Section 57.48, Education Code,
14-23 is amended to read as follows:
14-24 (f)(1) This subsection applies when a payment is made to a
14-25 person other than through the comptroller's issuance of a warrant
15-1 or the comptroller's use of an electronic funds transfer system.
15-2 (2) A state agency may not use funds inside or outside
15-3 the state treasury to pay a person if <the agency knows that> the
15-4 person is in default on a loan guaranteed under this chapter.
15-5 (3) This subsection does not prohibit a state agency
15-6 from paying the assignee of a person who is in default on a loan
15-7 guaranteed under this chapter if the assignment became effective
15-8 before the person defaulted.
15-9 (4) This subsection does not prohibit a state agency
15-10 from paying the compensation of a state officer or employee.
15-11 (5) The comptroller may not reimburse a state agency
15-12 for a payment that is made in violation of this subsection.
15-13 SECTION 17. Subsection (b), Section 403.001, Government
15-14 Code, is amended by adding Subdivision (5) to read as follows:
15-15 (5) "Cash Management Improvement Act" means the
15-16 federal Cash Management Improvement Act of 1990, 31 U.S.C.
15-17 Sec. 6503.
15-18 SECTION 18. Section 403.005, Government Code, is amended to
15-19 read as follows:
15-20 Sec. 403.005. APPROVAL OF ACCOUNTS. (a) The comptroller's
15-21 account against the state may not be sent to the treasurer until
15-22 the secretary of state approves it.
15-23 (b) The secretary of state may provide electronic approval
15-24 of the comptroller's account if:
15-25 (1) the comptroller establishes a system for the
16-1 electronic submission and approval of vouchers as authorized by
16-2 Article 6252-31, Revised Statutes (as added by Section 35, Chapter
16-3 641, Acts of the 72nd Legislature, Regular Session, 1991); and
16-4 (2) the system is designed for the secretary of state
16-5 to provide electronic approval of the comptroller's account.
16-6 SECTION 19. Subsection (c), Section 403.013, Government
16-7 Code, is amended to read as follows:
16-8 (c) On the last day of February of each year, in addition to
16-9 the reports required by the constitution and this section, the
16-10 comptroller shall exhibit to the governor a report including:
16-11 (1) an audited comprehensive annual <a statewide>
16-12 financial report <covering all state agencies, prepared in
16-13 accordance with generally accepted accounting principles,> that
16-14 includes <financial information of> all state agencies determined
16-15 to be a part of the statewide accounting entity and is prepared in
16-16 accordance with generally accepted accounting principles as
16-17 prescribed or modified in pronouncements of <defined by> the
16-18 Governmental Accounting Standards Board;
16-19 (2) the outstanding encumbrances of all those state
16-20 agencies;
16-21 (3) the spending authority of those state agencies;
16-22 (4) all major funds, pension funds, and other funds of
16-23 those state agencies;
16-24 (5) a summary of financial information for all state
16-25 funds held outside the treasury;
17-1 (6) the status of all outstanding major revenue fund
17-2 appropriation accounts by agency and appropriation account; and
17-3 (7) any other information required by the governor,
17-4 comptroller, state treasurer, state auditor, or legislative budget
17-5 board.
17-6 SECTION 20. Section 403.016, Government Code, is amended to
17-7 read as follows:
17-8 Sec. 403.016. ELECTRONIC FUNDS TRANSFER. (a) The <Except
17-9 as provided by Subsection (b), the> comptroller shall establish and
17-10 operate an electronic funds transfer system in accordance with this
17-11 section. The comptroller may use the services of financial
17-12 institutions, automated clearinghouses, and the federal government
17-13 while establishing and operating the system.
17-14 (b) The comptroller shall use the electronic funds transfer
17-15 system to pay an employee's <and transfer directly into payees'
17-16 accounts in financial institutions only: (1) employees' gross>
17-17 net state salary and travel expense reimbursements <salaries, less
17-18 deductions specifically authorized by state or federal law, or
17-19 reimbursement for employees' travel and subsistence;> unless:
17-20 (1) the employee does not hold a classified position
17-21 under the state's position classification plan and the employee's
17-22 gross state salary is less than the gross state salary for a
17-23 position classified to group 8, step 1 of the state position
17-24 classification plan; or
17-25 (2) the employee holds a classified position under the
18-1 state's position classification plan that is classified below group
18-2 8.
18-3 (c) The comptroller shall use the electronic funds transfer
18-4 system to make:
18-5 (1) <(2)> payments of more than $100 to annuitants by
18-6 the Employees Retirement System of Texas or the Teacher Retirement
18-7 System of Texas under either system's administrative jurisdiction;
18-8 (2) <(3)> recurring payments to municipalities,
18-9 counties, political subdivisions, special districts, and other
18-10 governmental entities of this state; and
18-11 (3) <(4)> payments to vendors designated by the
18-12 comptroller.
18-13 <(b) An employee, annuitant, or vendor may be paid by
18-14 warrant drawn by the comptroller on the state treasury instead of
18-15 by electronic funds transfer if:>
18-16 <(1) the employee holds a classified position under
18-17 the state's position classification plan, the position is
18-18 classified below salary group 8 under the classification salary
18-19 schedule prescribed by the General Appropriations Act, and the
18-20 employee makes a written request for payment by warrant; or>
18-21 <(2) the employee, annuitant, or vendor shows that he
18-22 or she cannot establish a qualifying account for electronic funds
18-23 transfer.>
18-24 (d) If the comptroller is not required by this section to
18-25 use the electronic funds transfer system to pay a person, then the
19-1 comptroller may use the system to pay the person upon the person's
19-2 request.
19-3 (e) <(c)> The comptroller may use the <also establish and
19-4 operate an> electronic funds transfer system to transfer directly
19-5 any portion of employees' gross state salaries into employees'
19-6 accounts in a money market mutual fund established in the Texas
19-7 Treasury Safekeeping Trust Company.
19-8 (f) <(d)> Except as provided in Subsection (e), the
19-9 comptroller may use the electronic funds transfer system to deposit
19-10 payments only to a payee's account at a financial institution. A
19-11 single electronic funds transfer may contain payments to multiple
19-12 payees. Individual transfers or warrants are not required for each
19-13 payee. <The comptroller shall establish procedures for
19-14 administering the system and may use the services of financial
19-15 institutions, automated clearinghouses, and the federal
19-16 government.>
19-17 (g) <(e)> When a law requires the comptroller to make a
19-18 payment by warrant, the comptroller may instead make the payment
19-19 through the <an> electronic funds transfer system. The
19-20 comptroller's use of the <an> electronic funds transfer system or
19-21 any other payment means does not create a right that would not have
19-22 been created if a <state> warrant had been issued <used>.
19-23 (h) Notwithstanding any requirement in this section to make
19-24 a payment through the electronic funds transfer system, the
19-25 comptroller must issue a warrant to pay a person if:
20-1 (1) the person properly notifies the comptroller that:
20-2 (A) receiving the payment by electronic funds
20-3 transfer would be impractical to the person;
20-4 (B) receiving the payment by electronic funds
20-5 transfer would be more costly to the person than receiving the
20-6 payment by warrant; or
20-7 (C) the person is unable to establish a
20-8 qualifying account at a financial institution to receive electronic
20-9 funds transfers; or
20-10 (2) the state agency on whose behalf the comptroller
20-11 makes the payment properly notifies the comptroller that:
20-12 (A) making the payment by electronic funds
20-13 transfer would be impractical to the agency; or
20-14 (B) making the payment by electronic funds
20-15 transfer would be more costly to the agency than making the payment
20-16 by warrant.
20-17 (i) <(f)> Notwithstanding any requirement in this section to
20-18 make a payment through the electronic funds transfer system <the
20-19 provisions of this section>, the comptroller may make a payment by
20-20 warrant if the comptroller determines that:
20-21 (1) using <where> the <use of> electronic funds
20-22 transfer system would be <is> impractical to the state; or
20-23 (2) <where> the cost to the state of using the
20-24 electronic funds transfer system would exceed the cost of issuing a
20-25 <use of the> warrant.
21-1 (j) The comptroller shall adopt rules to administer this
21-2 section, including rules about the notifications that may be
21-3 provided to the comptroller under Subsection (h).
21-4 SECTION 21. Subchapter B, Chapter 403, Government Code, is
21-5 amended by adding Section 403.023 to read as follows:
21-6 Sec. 403.023. CREDIT CARDS. (a) The comptroller may adopt
21-7 rules regarding the acceptance of credit cards for the payment of
21-8 fees, taxes, and other charges assessed by state agencies. The
21-9 rules may:
21-10 (1) authorize a state agency to accept credit cards if
21-11 the comptroller determines the best interests of the state would be
21-12 promoted;
21-13 (2) authorize or require a credit card user to pay a
21-14 processing fee to the state agency that accepts the credit card;
21-15 and
21-16 (3) authorize a particular state agency to accept
21-17 credit cards without providing the same authorization to other
21-18 state agencies.
21-19 (b) The comptroller may adopt rules regarding the use of
21-20 credit cards by state agencies to pay for purchases. The rules
21-21 may:
21-22 (1) authorize a state agency to use credit cards if
21-23 the comptroller determines the best interests of the state would be
21-24 promoted;
21-25 (2) authorize a state agency to use credit cards to
22-1 pay for purchases without providing the same authorization to other
22-2 state agencies;
22-3 (3) authorize a state agency to use credit cards to
22-4 pay for purchases that otherwise may be paid out of the agency's
22-5 petty cash accounts under Subchapter K; and
22-6 (4) authorize the General Services Commission to
22-7 contract with one or more credit card issuers on behalf of state
22-8 agencies.
22-9 (c) The comptroller may not adopt rules about a particular
22-10 state agency's acceptance or use of credit cards if another law
22-11 specifically authorizes, requires, prohibits, or otherwise
22-12 regulates the acceptance or use.
22-13 (d) In this section, "state agency" means:
22-14 (1) a board, commission, department, or other agency
22-15 in the executive branch of state government that is created by the
22-16 constitution or a statute of this state, including an institution
22-17 of higher education as defined by Section 61.003, Education Code,
22-18 other than a public junior college;
22-19 (2) the legislature or a legislative agency; or
22-20 (3) the supreme court, the court of criminal appeals,
22-21 a court of appeals, or a state judicial agency.
22-22 SECTION 22. Subsection (e), Section 403.055, Government
22-23 Code, is amended to read as follows:
22-24 (e)(1) This subsection applies when a payment is made to a
22-25 person other than through the comptroller's issuance of a warrant
23-1 or the comptroller's use of an electronic funds transfer system.
23-2 (2) A state agency may not use funds inside or outside
23-3 the state treasury to pay a person if the <agency knows that the>
23-4 person is indebted or owes delinquent taxes to the state or owes
23-5 delinquent taxes under a tax that the comptroller administers or
23-6 collects until the debt or taxes are paid.
23-7 (3) This subsection does not prohibit a state agency
23-8 from paying the assignee of a person who is indebted or owes
23-9 delinquent taxes to the state if the assignment became effective
23-10 before the person became indebted to the state or delinquent in the
23-11 payment of taxes to the state.
23-12 (4) This subsection does not prohibit a state agency
23-13 from paying the compensation of a state officer or employee.
23-14 (5) The comptroller may not reimburse a state agency
23-15 for a payment that is made in violation of this subsection.
23-16 SECTION 23. Section 403.054, Government Code, is amended to
23-17 read as follows:
23-18 Sec. 403.054. REPLACEMENT <DUPLICATE> WARRANT. (a) Subject
23-19 to Subsection (b), the comptroller may issue a replacement
23-20 <duplicate> warrant in place of an original warrant drawn on the
23-21 state treasury if the state agency on whose behalf the comptroller
23-22 issued the original warrant notifies the comptroller <is satisfied>
23-23 that:
23-24 (1) the original warrant has been lost, destroyed, or
23-25 stolen;
24-1 (2) the original warrant has not been received; or
24-2 (3) the payee's endorsement on the original warrant
24-3 has been forged.
24-4 (b) The comptroller may not issue a replacement <duplicate>
24-5 warrant <unless> if:
24-6 (1) the state treasurer has paid the original warrant,
24-7 unless the treasurer has obtained a refund of the payment <the
24-8 applicant has filed with the comptroller an affidavit stating that
24-9 the applicant is the true owner of the original and that the
24-10 original has been lost, destroyed, or stolen, that it has not been
24-11 received, or that the payee's endorsement on the instrument has
24-12 been forged. If the applicant is a government agency, the head of
24-13 the agency and one other person connected with the handling of
24-14 warrants for the agency shall make this affidavit for a lost or
24-15 destroyed warrant belonging to the agency. An applicant, other
24-16 than a government agency, shall also file with the comptroller a
24-17 bond in the amount of the claim, payable to the governor, approved
24-18 by the comptroller, and conditioned that the applicant will hold
24-19 the state harmless and return to the comptroller on demand the
24-20 duplicate or the amount of money specified in the duplicate and all
24-21 costs of the state in collecting the money. For the purposes of
24-22 this subsection, "government agency" means a state agency, court,
24-23 school, school district, or a federal agency>;
24-24 (2) the period during which the state treasurer may
24-25 pay the original warrant has expired under Section 404.046 or other
25-1 applicable law;
25-2 (3) the payee of the replacement warrant is not the
25-3 same as the payee of the original warrant; or
25-4 (4) the comptroller is prohibited by Sections 403.055
25-5 or 481.0841, or by Section 57.48, Education Code from issuing a
25-6 warrant to the payee of the replacement warrant.
25-7 (c) A replacement warrant:
25-8 (1) must be charged to the same fiscal year as the
25-9 original warrant; and
25-10 (2) may not be paid by the state treasurer unless
25-11 presented for payment to the treasurer or a financial institution
25-12 before two years after the close of the fiscal year in which the
25-13 replacement warrant was issued.
25-14 (d) The state treasurer may not pay an original warrant
25-15 after the comptroller has notified the treasurer that the
25-16 comptroller has issued a replacement warrant for the original
25-17 warrant.
25-18 (e) <(c)> If the comptroller determines that a replacement
25-19 warrant <duplicate> was improperly issued or that the <applicant
25-20 or> the person to whom the replacement <duplicate> was issued was
25-21 not its owner, the comptroller shall immediately demand return of
25-22 the replacement <duplicate> or, if the replacement <duplicate> has
25-23 been paid, the amount paid by the state. If this demand is not
25-24 satisfied, the comptroller shall refer the matter to the attorney
25-25 general for appropriate action <file suit on the bond in Travis
26-1 County>.
26-2 (f) <(d)> A person <An entity> other than a law enforcement
26-3 official that has possession of a lost or stolen warrant or a
26-4 warrant on which the payee's endorsement has been forged shall,
26-5 upon request, immediately deliver the warrant to the <or the>
26-6 comptroller or the state agency on whose behalf the comptroller
26-7 issued the warrant <on request>. The agency or comptroller shall
26-8 issue a receipt for the warrant.
26-9 (g) <(e)> Failure to reimburse the state on demand as
26-10 required by Subsection (e) constitutes a debt to the state and
26-11 further payment to the person <applicant> shall be held as provided
26-12 by Section 403.055.
26-13 (h) <(f)> The comptroller shall adopt rules and forms
26-14 regarding the issuance of replacement <duplicate> warrants.
26-15 SECTION 24. Subsection (f), Section 403.071, Government
26-16 Code, is amended to read as follows:
26-17 (f) A person commits an offense if the person knowingly
26-18 makes a false certificate on a claim against the state for the
26-19 purpose of authenticating a claim against the state. An offense
26-20 under this section is punishable by imprisonment in the
26-21 institutional division of the Texas Department of Criminal Justice
26-22 <Corrections> for not less than two or more than five years.
26-23 SECTION 25. Chapter 403, Government Code, is amended by
26-24 adding Section 403.0721 to read as follows:
26-25 Sec. 403.0721. CALCULATION OF NET COMPENSATION. The
27-1 comptroller may adopt procedures and rules about the method used to
27-2 calculate the net compensation of a state officer or employee.
27-3 SECTION 26. Section 403.092, Government Code, is amended to
27-4 read as follows:
27-5 Sec. 403.092. Temporary Transfer of Surplus AND OTHER CASH.
27-6 (a) To allow efficient management of the cash flow of the general
27-7 revenue fund and to avoid temporary cash deficiency in that fund,
27-8 the comptroller, with the consent of the state treasurer, may
27-9 transfer surplus cash, except constitutionally dedicated revenues,
27-10 between funds in the state treasury. As soon as practicable the
27-11 comptroller shall return the surplus cash to the fund from which it
27-12 was transferred. The comptroller shall preserve the fund equity
27-13 and the state treasurer shall allocate the depository interest as
27-14 if the transfer had not been made.
27-15 (b) If the comptroller submits a statement under Article
27-16 III, Section 49a, of the Texas Constitution when surplus cash
27-17 transferred under Subsection (a) <this section> is in the general
27-18 revenue fund, the comptroller shall indicate in that statement that
27-19 the transferred surplus cash is in the general revenue fund, is a
27-20 liability of that fund, and is not available for appropriation by
27-21 the legislature.
27-22 (c)(1) The comptroller may temporarily transfer cash from
27-23 the general revenue fund to a special fund in the state treasury or
27-24 to an account within the general revenue fund if:
27-25 (A) the transfer contributes toward minimizing
28-1 the state's interest liability under the Cash Management
28-2 Improvement Act by delaying the receipt of federal moneys;
28-3 (B) the amount transferred does not exceed the
28-4 amount necessary for the comptroller to process a payroll claim
28-5 that a state agency submits before the end of the payroll period
28-6 under Section 403.072;
28-7 (C) the comptroller determines before the
28-8 transfer occurs that other moneys are not available to process the
28-9 payroll claim;
28-10 (D) before the transfer occurs, the comptroller
28-11 is notified by the state agency whose payroll claim will be
28-12 processed that the federal government is legally required to
28-13 provide by payday sufficient moneys to pay the claim;
28-14 (E) the transfer does not occur earlier than the
28-15 tenth day before payday; and
28-16 (F) the amount transferred is returned to the
28-17 general revenue fund as soon as possible after the federal money is
28-18 received but by no later than payday.
28-19 (2) The amount transferred under Subdivision (1) is a
28-20 receivable of the general revenue fund for the purpose of
28-21 statements that the comptroller submits under Article III, Section
28-22 49a, of the Texas Constitution. The transferred amount is
28-23 available for appropriation by the legislature.
28-24 (3) The comptroller may adopt procedures and rules to
28-25 administer this subsection.
29-1 SECTION 27. Section 403.111, Government Code, is amended by
29-2 amending Subsection (a) and adding Subsection (f) to read as
29-3 follows:
29-4 (a) Except as provided by Subsection (f), the <The>
29-5 comptroller's office shall obtain suitable books for use as bond
29-6 registers by the comptroller's office. The volumes of the books
29-7 shall be separately designated.
29-8 (f) The comptroller may use electronic means, including the
29-9 central electronic computing and data processing center established
29-10 under Section 403.015, instead of books to register bonds.
29-11 SECTION 28. Section 404.071, Government Code, is amended by
29-12 adding Subsection (e) to read as follows:
29-13 (e)(1) The treasurer shall notify the comptroller of the
29-14 amount of interest paid from the general revenue fund as a result
29-15 of the federal Cash Management Improvement Act of 1990, 31 U.S.C.
29-16 Sec. 6503. The treasurer shall provide the notifications in
29-17 accordance with the comptroller's requirements for frequency,
29-18 method, and format.
29-19 (2) For each special fund or account that contains
29-20 depository interest, the comptroller shall transfer from the fund
29-21 or account to the general revenue fund an amount equal to the
29-22 interest paid from the general revenue fund on behalf of the fund
29-23 or account.
29-24 (3) In this subsection:
29-25 (A) "Account" means a subdivision of a special
30-1 fund or the general revenue fund.
30-2 (B) "Fund" and "special fund" have the meanings
30-3 assigned by Section 403.001.
30-4 (4) The comptroller may adopt procedures and rules to
30-5 administer this subsection.
30-6 (5) This subsection applies notwithstanding any other
30-7 law.
30-8 SECTION 29. Subsection (b), Section 402.273, Health and
30-9 Safety Code, is amended to read as follows:
30-10 (b) This subsection applies only if <If> the authority does
30-11 not issue bonds under Subchapter K. The<, the> waste disposal fees
30-12 must also include an amount sufficient to allow the authority to
30-13 recover expenses incurred before beginning operation of the
30-14 disposal site amortized over a period of not more than 20 years
30-15 beginning on the first day of operation of the disposal site. The
30-16 fees must be sufficient to recover the depository interest that the
30-17 general revenue fund would have earned had the fund not been used
30-18 to pay expenses incurred before the disposal site begins operation.
30-19 Depository interest recovered under this subsection shall be
30-20 deposited in the general revenue fund. Principal recovered under
30-21 this subsection shall be deposited in the general revenue fund
30-22 until the amount deposited has fully reimbursed the fund for
30-23 expenses paid from the fund before the disposal site begins
30-24 operation. The remainder of the principal shall be deposited as
30-25 provided in Section 402.272(a).
31-1 SECTION 30. Section 31.039, Human Resources Code, is amended
31-2 to read as follows:
31-3 Sec. 31.039. Issuance of REPLACEMENT <DUPLICATE> ASSISTANCE
31-4 WARRANTS. The comptroller may issue a replacement <duplicate>
31-5 financial assistance warrant to a recipient who has failed to
31-6 receive or has lost the original warrant in accordance with Section
31-7 403.054, Government Code <Article 4365, Revised Civil Statutes of
31-8 Texas, 1925, as amended>.
31-9 SECTION 31. The Texas Employees Uniform Group Insurance
31-10 Benefits Act (Article 3.50-2, Insurance Code), is amended by adding
31-11 Section 4B to read as follows:
31-12 Sec. 4B. ELECTRONIC AUTHORIZATIONS. (a) The trustee may
31-13 develop a system for an employee, school district employee, or
31-14 annuitant to electronically authorize:
31-15 (1) enrollment in a coverage or benefit program;
31-16 (2) contributions to a coverage or benefit program;
31-17 and
31-18 (3) deductions or reductions to the compensation or
31-19 annuity of the employee, school district employee, or annuitant for
31-20 participation in a coverage or benefit program.
31-21 (b) The trustee may permit or require an authorization
31-22 covered by Subsection (a) of this section to be made
31-23 electronically, notwithstanding any law to the contrary.
31-24 SECTION 32. Subsections (c) and (d), Section 14, Texas
31-25 Employees Group Insurance Benefits Act (Article 3.50-2, Insurance
32-1 Code), as amended by Section 54, Chapter 391, Acts of the 72nd
32-2 Legislature, Regular Session, 1991, are amended to read as follows:
32-3 (c) If an employee or annuitant refuses <in writing> the
32-4 coverages, benefits, or services provided by this Act in a form and
32-5 manner <writing> satisfactory to the trustee, then in no event
32-6 shall the State of Texas, the employee's department, or the
32-7 participating school district make any contribution to the cost of
32-8 any other coverages, services, or benefits on such employee or
32-9 annuitant.
32-10 (d) Except as provided by Subsection (e) of this section, if
32-11 an employee or annuitant applies for coverages for which the cost
32-12 exceeds the state's, the employing department's, or the
32-13 participating school district's contribution under this Act, he
32-14 shall authorize <in writing and> in a form and manner satisfactory
32-15 to the trustee a deduction from his monthly compensation or annuity
32-16 the difference between the cost of coverages under the said group
32-17 programs and the amount contributed therefor by the State of Texas
32-18 or the employing department.
32-19 SECTION 33. Subsections (e), (f), (g), and (h), Section 14,
32-20 Texas Employees Uniform Group Insurance Benefits Act (Article
32-21 3.50-2, Insurance Code), as amended by Section 41, Chapter 850,
32-22 Acts of the 72nd Legislature, Regular Session, 1991, are amended to
32-23 read as follows:
32-24 (e) The trustee shall apply the amount of any employer
32-25 contribution allocated to fund optional coverages to the excess of
33-1 the cost of the basic and optional coverages for which the employee
33-2 or annuitant has applied over the basic coverage contribution.
33-3 Except as provided by Subsection (h) of this section, if an
33-4 employee or annuitant applies for basic and optional coverages for
33-5 which the cost exceeds the contributions for those coverages under
33-6 this Act, the employee or annuitant shall authorize <in writing> in
33-7 a form and manner satisfactory to the trustee a deduction from the
33-8 employee's or annuitant's monthly compensation or annuity equal to
33-9 the difference between the cost of basic and optional coverages for
33-10 which the employee or annuitant has applied and the employer
33-11 contributions for basic and optional coverage.
33-12 (f) Except as provided by Subsection (h) of this section, if
33-13 an employee or annuitant applies for voluntary coverages, the
33-14 employee shall authorize <in writing> in a form and manner
33-15 satisfactory to the trustee a deduction from the employee's monthly
33-16 compensation or annuity equal to the cost of the voluntary
33-17 coverages.
33-18 (g) If an employee or annuitant refuses the coverages or
33-19 benefits provided under this Act in <writing in> a form and manner
33-20 satisfactory to the trustee, the state and the employee's
33-21 department may not make any contribution to the cost of any
33-22 coverages or benefits for the employee or annuitant.
33-23 (h) If an employee elects to participate in the cafeteria
33-24 plan, the employee must execute a salary reduction agreement under
33-25 which the employee's monthly compensation will be reduced in an
34-1 amount that is equal to the difference between the employer
34-2 contributions for basic and optional coverages and the cost of the
34-3 cafeteria plan coverages identified by the trustee as comparable to
34-4 the basic and optional coverages for which the employee is
34-5 eligible. The salary reduction agreement must also provide for an
34-6 additional reduction in the employee's compensation equal to the
34-7 cost of voluntary coverages for which the employee has applied. An
34-8 employee who executes a salary reduction agreement for insurance
34-9 coverage included in the cafeteria plan has elected to participate
34-10 in the cafeteria plan and agreed to a salary reduction for the
34-11 insurance coverages for subsequent plan years unless the
34-12 participant, during an annual enrollment period specified by the
34-13 trustee, elects in a form and manner satisfactory to the trustee
34-14 <writing> not to participate for the next plan year in the
34-15 insurance coverages. An employee who has elected not to
34-16 participate in the cafeteria plan insurance coverages may re-enroll
34-17 by executing a new salary reduction agreement during a subsequent
34-18 annual enrollment period. A salary reduction agreement for
34-19 cafeteria plan benefits other than insurance coverages must be
34-20 executed annually, during the annual enrollment period. The
34-21 employee shall pay any remaining portion of the cost of benefits
34-22 that is not covered by the contributions for basic and optional
34-23 coverages and the salary reduction under the cafeteria plan by
34-24 executing a payroll deduction agreement.
34-25 SECTION 34. Chapter 111, Tax Code, is amended by adding
35-1 Section 111.062 to read as follows:
35-2 Sec. 111.062. ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF
35-3 CERTAIN TAXES AND FEES. (a) The comptroller may accept a credit
35-4 card in payment of:
35-5 (1) delinquent taxes and related penalties and
35-6 interest imposed by this code;
35-7 (2) fees charged for:
35-8 (A) account status certificates;
35-9 (B) no tax due certificates;
35-10 (C) postage;
35-11 (D) certified copies;
35-12 (E) copies of documents;
35-13 (F) microfilm copies;
35-14 (G) written evidence of the comptroller's
35-15 records;
35-16 (H) research;
35-17 (I) labor;
35-18 (J) minerals tax histories; and
35-19 (K) minerals tax extracts; and
35-20 (3) any other service fees charged by the comptroller.
35-21 (b) When the comptroller accepts a payment by credit card,
35-22 the comptroller may require the payment of a processing fee by the
35-23 credit card user.
35-24 SECTION 35. This Act takes effect September 1, 1993.
35-25 SECTION 36. The importance of this legislation and the
36-1 crowded condition of the calendars in both houses create an
36-2 emergency and an imperative public necessity that the
36-3 constitutional rule requiring bills to be read on three several
36-4 days in each house be suspended, and this rule is hereby suspended.