1-1  By:  Cuellar of Webb (Senate Sponsor - Armbrister)    H.B. No. 1952
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 18, 1993, read first time and referred to Committee on Finance;
    1-4  May 21, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; May 21, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner                                         x   
   1-11        Armbrister         x                               
   1-12        Barrientos                                     x   
   1-13        Bivins             x                               
   1-14        Ellis              x                               
   1-15        Haley              x                               
   1-16        Moncrief           x                               
   1-17        Parker             x                               
   1-18        Ratliff            x                               
   1-19        Sims                                           x   
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 1952              By:  Armbrister
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the receipt, management, and expenditure of funds and
   1-26  certain bonds by state agencies and state officials; to the deposit
   1-27  of certain official bonds; to certain reviews of state entities by
   1-28  the comptroller; to the distribution of state publications; and to
   1-29  reporting the use of state vehicles.
   1-30        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-31        SECTION 1.  Article 3, State Purchasing and General Services
   1-32  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
   1-33  adding Section 3.33 to read as follows:
   1-34        Sec. 3.33.  CREDIT CARDS.  (a)  If authorized by rule adopted
   1-35  by the comptroller under Section 403.023, Government Code, the
   1-36  commission may contract with one or more credit card issuers for
   1-37  state agencies to use credit cards to pay for purchases.  The
   1-38  commission may not enter into a contract that conflicts with the
   1-39  comptroller's rules.
   1-40        (b)  This section does not apply to contracts regarding
   1-41  travel services or the use of credit cards to pay for travel
   1-42  services under Article 14 of this Act.
   1-43        (c)  In this section and notwithstanding Section 1.02 of this
   1-44  Act, "state agency" has the meaning assigned by Section 403.023(d),
   1-45  Government Code.
   1-46        SECTION 2.  Section 3, Article 4348e, Revised Statutes, is
   1-47  amended by amending Subsection (h) and adding Subsection (i) to
   1-48  read as follows:
   1-49        (h)  The comptroller may adopt procedures and <shall
   1-50  promulgate> rules for the effective operation of the uniform
   1-51  statewide accounting system, including procedures and rules
   1-52  relating to the method used to calculate the net compensation of a
   1-53  state officer or employee.
   1-54        (i)  The comptroller may periodically review and analyze the
   1-55  effectiveness and efficiency of the policies and management of any
   1-56  state governmental committee or state agency that is involved in
   1-57  analyzing and recommending improvements to the state's system of
   1-58  records management and the preservation of the essential records of
   1-59  this state, including records relating to financial management
   1-60  information.
   1-61        SECTION 3.  Article 1.12, Title 79, Revised Statutes (Article
   1-62  5069-1.12, Vernon's Texas Civil Statutes), is amended to read as
   1-63  follows:
   1-64        Art. 1.12.  SURCHARGE FOR USE OF CREDIT CARD.  (a)  In a
   1-65  sales transaction for goods or services involving the use of a
   1-66  credit card for an extension of credit, the seller may not impose a
   1-67  surcharge on the buyer because the buyer uses a credit card instead
   1-68  of cash, a check, or similar means of payment.
    2-1        (b)  This article does not apply to a state agency, county,
    2-2  local governmental entity, or other governmental entity that
    2-3  accepts credit cards for the payment of fees, taxes, or other
    2-4  charges.
    2-5        SECTION 4.  Section 9(d), Texas Unemployment Compensation Act
    2-6  (Article 5221b-7, Vernon's Texas Civil Statutes), is amended to
    2-7  read as follows:
    2-8        (d)  If a warrant has been issued by the comptroller
    2-9  <Comptroller> in payment of benefits as provided under this Act<,>
   2-10  and <if> the claimant entitled to receive the <such> warrant
   2-11  furnishes proof satisfactory to the comptroller that the claimant
   2-12  has lost <or loses,> or for any reason failed <or fails> to receive
   2-13  the <such> warrant <after such warrant is or has been issued by the
   2-14  Comptroller, and upon satisfactory proof of such>, the comptroller
   2-15  <Comptroller> may issue to the claimant a replacement <duplicate>
   2-16  warrant as provided by Section 403.054, Government Code.
   2-17  Notwithstanding Section 403.054, Government Code, the comptroller
   2-18  may not issue a replacement <for in Article 4365, Revised Civil
   2-19  Statutes of Texas, 1925, but in no event shall a duplicate> warrant
   2-20  <be issued> after one year from the date of the original warrant.
   2-21  The state treasurer may not pay a <If, after any> warrant that has
   2-22  been issued <by the Comptroller payable> to pay <a claimant for>
   2-23  benefits under the provisions of this Act unless the warrant is
   2-24  presented<, and such warrant shall have been lost or misplaced, or
   2-25  if claimant for any reason fails or refuses to present said
   2-26  warrant> for payment within twelve  <(12)> months after the date of
   2-27  issuance <of such warrant, such warrant shall be cancelled, and
   2-28  thereafter no payment shall be made by the Treasurer on such
   2-29  warrant, and no duplicate warrant in place thereof shall ever be
   2-30  issued>.
   2-31        SECTION 5.  Article 5999, Revised Statutes, is amended to
   2-32  read as follows:
   2-33        Art. 5999.  Depository of bonds.  Except as otherwise
   2-34  provided by this article or other law, the  <The> bond of each
   2-35  officer who is required by law to give an official bond payable to
   2-36  the Governor or to the State shall be deposited with the
   2-37  Comptroller by the officer who approves the same.  The bond<,
   2-38  except that> of the Comptroller <which> shall be deposited with the
   2-39  Secretary of State.
   2-40        SECTION 6.  Section 2(b), Chapter 22, Acts of the 57th
   2-41  Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
   2-42  Texas Civil Statutes), is amended to read as follows:
   2-43        (b)  The comptroller or the governing board, as the case may
   2-44  be, may:
   2-45              (1)  reduce the salary of participants when authorized
   2-46  by the participants <in writing> and shall apply the amount of the
   2-47  reduction to the purchase of annuity contracts or to contributions
   2-48  to any type of investment authorized in Section 403(b) of the
   2-49  Internal Revenue Code of 1954, as it existed on January 1, 1981,
   2-50  the exclusive control of which will vest in the participants; and
   2-51              (2)  develop a system to allow or require participants
   2-52  to electronically authorize:
   2-53                    (A)  participation under this Act;
   2-54                    (B)  purchases of annuity contracts; and
   2-55                    (C)  contributions to investments.
   2-56        SECTION 7.  Section 2(a), Texas Statewide Volunteer Fire
   2-57  Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
   2-58  Statutes), is amended to read as follows:
   2-59        (a)  The <A> Fire Fighters' Relief and Retirement Fund is a
   2-60  trust fund in the state treasury <created>.
   2-61        SECTION 8.  Section 14, Texas Statewide Volunteer Fire
   2-62  Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
   2-63  Statutes), is amended by adding Subsection (f) to read as follows:
   2-64        (f)  When investing the surplus of the fund, the commissioner
   2-65  and the trustees are a governing body of a public retirement system
   2-66  for purposes of Section 802.205, Government Code.
   2-67        SECTION 9.  Sections 1, 2, 3, and 4, Chapter 603, Acts of the
   2-68  51st Legislature, Regular Session, 1949 (Article 6252-3, Vernon's
   2-69  Texas Civil Statutes), are amended to read as follows:
   2-70        Sec. 1.  Whenever any officer or employee of the State of
    3-1  Texas, or of any county or other political subdivision or municipal
    3-2  corporation therein, shall voluntarily authorize <in writing> his
    3-3  or her department head, in case such person is a state officer or
    3-4  employee, or the disbursing officer of the county or other
    3-5  political subdivision or municipal corporation, in case such person
    3-6  is an officer or employee of the county or other political
    3-7  subdivision or municipal corporation, to withhold a specified
    3-8  portion of his or her salary or compensation for the purpose of
    3-9  purchasing United States Savings Bonds, said department head or
   3-10  disbursing officer, as the case may be, may withhold from such
   3-11  person's salary or compensation for the period and in the amount
   3-12  stated in the authorization, each and every payday during such
   3-13  period, unless such authorization is terminated as hereinafter
   3-14  provided.  Such withholding shall be effected by deducting the
   3-15  amount so authorized on the payroll of such department, county,
   3-16  political subdivision or municipal corporation when presented to
   3-17  the Comptroller of Public Accounts or other disbursing officer, as
   3-18  the case may be, for warrants to be issued or funds transferred in
   3-19  payment thereof.
   3-20        Sec. 2.  The Comptroller of Public Accounts shall prescribe
   3-21  the proper form of payroll for State officers and employees in
   3-22  order to comply with this purpose.  The disbursing officer of the
   3-23  county or other political subdivision or municipal corporation
   3-24  referred to herein shall, for the same purpose, prescribe the
   3-25  proper form of payroll for the officers and employees thereof.
   3-26  When such payroll is presented to the Comptroller or other
   3-27  disbursing officer, as the case may be, for payment, a warrant
   3-28  shall issue to each officer or employee, whose name appears
   3-29  thereon, for the full amount of his or her salary less the amount
   3-30  deducted for the purpose of purchasing United States Savings Bonds,
   3-31  and a warrant shall issue to the State Department head or to the
   3-32  disbursing officer referred to herein, as the case may be, for the
   3-33  total amount deducted for all officers or employees for the current
   3-34  payroll period.  The warrant for said total deduction shall be
   3-35  deposited with the State Treasurer, or with the official Treasurer
   3-36  of the county or other political subdivision or municipal
   3-37  corporation, as the case may be, in trust to be held by said
   3-38  officer until disbursed by said department head or disbursing
   3-39  officer, as the case may be, for the purchase of United States
   3-40  Savings Bonds for the individual designated in said authorization
   3-41  filed with said department head or disbursing officer.  Said trust
   3-42  account shall be designated as "War Bond Payroll Savings Account,"
   3-43  and funds deposited therein shall be paid out by said Treasurer on
   3-44  proper warrants drawn by said department head or disbursing
   3-45  officer, as the case may be.  If this section requires a written
   3-46  authorization, the authorization may instead be accomplished
   3-47  through electronic means.  If this section requires a disbursement,
   3-48  deposit, or purchase to be made by warrant, the disbursement,
   3-49  deposit, or purchase may instead be made through electronic means.
   3-50        Sec. 3.  The department head or disbursing officer, as the
   3-51  case may be, shall use such funds so withheld and so deposited in
   3-52  trust for the purpose of purchasing United States Savings Bonds of
   3-53  the denomination designated and authorized in said <written>
   3-54  authorization, whenever such person shall have a sufficient sum of
   3-55  such withheld sums to pay for such bond, and shall immediately
   3-56  deliver the bond to the person entitled thereto or shall mail the
   3-57  same to the address designated by such person in said <written>
   3-58  authorization.  Said department head or disbursing officer, as the
   3-59  case may be, shall keep proper records at all times showing
   3-60  itemization of moneys so withheld and disbursed by him in
   3-61  compliance with this Act.
   3-62        Sec. 4.  The head of any State Department or the disbursing
   3-63  officer of any county or other political subdivision or municipal
   3-64  corporation of the State of Texas shall cease to withhold any of
   3-65  the above-mentioned funds from any of said salaries or
   3-66  compensations under said <written> authorization upon the happening
   3-67  of any of the following:
   3-68              (a)  Termination of employment.
   3-69              (b)  Notice <Written notice> of cancellation of such
   3-70  former authorization.
    4-1              (c)  Termination of the arrangement for withholding of
    4-2  such funds by the State Department heads or disbursing officers, as
    4-3  the case may be.
    4-4        Upon such termination, the money, if any, so withheld, which
    4-5  has not been invested in bonds, shall be immediately remitted by
    4-6  proper warrant or electronic means to the officer or employee from
    4-7  whose salary or compensation such money has been withheld.
    4-8        SECTION 10.  Sections 1.36, 1.42, 1.43, 2.45, 2.50, and 2.51,
    4-9  Article 6252-3g, Revised Statutes, are amended to read as follows:
   4-10        Sec. 1.36.  Rulemaking.  The Employees Retirement System may
   4-11  adopt rules, regulations, plans, procedures, and orders necessary
   4-12  to carry out the purposes of this subpart including:
   4-13              (1)  the selection and regulation of vendors of
   4-14  investment products;
   4-15              (2)  the regulation of practices of agents or salesmen
   4-16  employed by vendors of investment products;
   4-17              (3)  the disclosure of information concerning
   4-18  investment products;
   4-19              (4)  the regulation of advertising materials to be used
   4-20  by vendors of investment products; <and>
   4-21              (5)  the development of a system to facilitate the
   4-22  electronic authorization, distribution, transfer, and investment of
   4-23  deferrals; and
   4-24              (6)  the submission of financial information by a
   4-25  vendor.
   4-26        Sec. 1.42.  Contract for deferment.  The Employees Retirement
   4-27  System may contract with an employee of a participating state
   4-28  agency for the deferment of any part of the employee's
   4-29  compensation.  As part of the contract, the employee must consent
   4-30  to automatic payroll deductions in an amount equal to the part
   4-31  deferred.  The employee may change the amount deferred from the
   4-32  employee's compensation by notifying the plan administrator in
   4-33  accordance with the plan administrator's requirements <writing>.
   4-34        Sec. 1.43.  Investment and transfer.  After the execution of
   4-35  the contract between the Employees Retirement System or the
   4-36  Employees Retirement System's designee and an employee, the plan
   4-37  administrator shall:
   4-38              (1)  invest the employee's deferrals and investment
   4-39  income in the qualified investment products designated <in writing>
   4-40  by the employee; and
   4-41              (2)  promptly transfer the employee's deferrals and
   4-42  investment income from one qualified investment product to another
   4-43  in accordance with the plan administrator's requirements <on the
   4-44  employee's written request>.
   4-45        Sec. 2.45.  Rulemaking.  The Employees Retirement System may
   4-46  adopt rules, regulations, plans, procedures, and orders necessary
   4-47  to carry out the purposes of this subpart including:
   4-48              (1)  the selection and regulation of vendors of
   4-49  investment products;
   4-50              (2)  the regulation of practices of agents or salesmen
   4-51  employed by vendors of investment products;
   4-52              (3)  the disclosure of information concerning
   4-53  investment products;
   4-54              (4)  the regulation of advertising materials to be used
   4-55  by vendors of investment products; <and>
   4-56              (5)  the development of a system to facilitate the
   4-57  electronic authorization, distribution, transfer, and investment of
   4-58  deferrals; and
   4-59              (6)  the submission of financial information by a
   4-60  vendor.
   4-61        Sec. 2.50.  Contract for deferment.  The Employees Retirement
   4-62  System may contract with an employee of a participating state
   4-63  agency for the deferment of any part of the employee's
   4-64  compensation.  As part of the contract, the employee must consent
   4-65  to automatic payroll deductions in an amount equal to the part
   4-66  deferred.  The employee may change the amount deferred from the
   4-67  employee's compensation by notifying the plan administrator or the
   4-68  plan administrator's designee in accordance with the plan
   4-69  administrator's requirements <writing>.
   4-70        Sec. 2.51.  Investment and transfer.  After the execution of
    5-1  the contract between the Employees Retirement System and an
    5-2  employee, the plan administrator shall:
    5-3              (1)  invest the employee's deferrals and investment
    5-4  income in the qualified investment products designated <in writing>
    5-5  by the employee; and
    5-6              (2)  promptly transfer the employee's deferrals and
    5-7  investment income from one qualified investment product to another
    5-8  in accordance with the plan administrator's requirements <on the
    5-9  employee's written request>.
   5-10        SECTION 11.  Subsections (c), (d), (l), and (m), Section 14,
   5-11  Administrative Procedure and Texas Register Act (Article 6252-13a,
   5-12  Vernon's Texas Civil Statutes), are amended to read as follows:
   5-13        (c)  On its own motion or on the written request of any party
   5-14  to a contested case pending before it, on a showing of good cause,
   5-15  and on deposit of sums that will reasonably insure payment of the
   5-16  amounts estimated to accrue under Subsections (l) <(l)(1)> and (m)
   5-17  <(2)> of this section, an agency shall issue a subpoena addressed
   5-18  to the sheriff or any constable to require the attendance of
   5-19  witnesses and the production of books, records, papers, or other
   5-20  objects as may be necessary and proper for the purposes of the
   5-21  proceedings.
   5-22        (d)  On its own motion or on the written request of any party
   5-23  to a contested case pending before it and on deposit of sums that
   5-24  will reasonably insure payment of the amounts estimated to accrue
   5-25  under Subsections (l) <(l)(1)> and (m) <(2)> of this section, an
   5-26  agency shall issue a commission, addressed to the several officers
   5-27  authorized by statute to take depositions, to require that the
   5-28  deposition of a witness be taken, which commission shall authorize
   5-29  the issuance of any subpoenas necessary to require that the witness
   5-30  appear and produce, at the time the deposition is taken, books,
   5-31  records, papers, or other objects as may be necessary and proper
   5-32  for the purposes of the proceeding.  The deposition of a member of
   5-33  an agency board may not be taken after a date has been set for
   5-34  hearing.
   5-35        (l)  A witness or deponent who is not a party and who is
   5-36  subpoenaed or otherwise compelled to attend any hearing or
   5-37  proceeding to give a deposition or to produce books, records,
   5-38  papers, or other objects that may be necessary and proper for the
   5-39  purposes of the proceeding under the authority of this section is
   5-40  entitled to receive:
   5-41              (1)  mileage of 10 cents a mile, or a greater amount as
   5-42  prescribed by agency rule, for going to, and returning from the
   5-43  place of the hearing or the place where the deposition is taken, if
   5-44  the place is more than 25 miles from the person's place of
   5-45  residence and the person uses the person's personally owned or
   5-46  leased motor vehicle for the travel;
   5-47              (2)  reimbursement of the transportation expenses of
   5-48  the witness or deponent while going to and returning from the place
   5-49  of the hearing or the place where the deposition is taken, if the
   5-50  place is more than 25 miles from the person's place of residence
   5-51  and the person does not use the person's personally owned or leased
   5-52  motor vehicle for the travel;
   5-53              (3)  reimbursement of the meal and lodging expenses of
   5-54  the witness or deponent while going to and returning from the place
   5-55  of the hearing or the place where the deposition is taken, if the
   5-56  place is more than 25 miles from the person's place of residence;
   5-57  and
   5-58              (4) <(2)>  a fee of $10 a day, or a greater amount as
   5-59  prescribed by agency rule, for each day or part of a day the person
   5-60  is necessarily present as a witness or deponent.
   5-61        (m)(1)  The mileage, transportation, meal, and lodging
   5-62  expenses <Mileage> and the fees that must be reimbursed or paid <to
   5-63  which a witness is entitled> under this section shall be paid or
   5-64  reimbursed by the party or agency at whose request the witness or
   5-65  deponent appears or the deposition is taken.  An agency required to
   5-66  make a payment or reimbursement must present to the comptroller<,
   5-67  on presentation of proper> vouchers sworn by the witness or
   5-68  deponent and approved by the agency in accordance with Article
   5-69  6252-31, Revised Statutes, as added by Chapter 641, Acts of the
   5-70  72nd Legislature, Regular Session, 1991.
    6-1              (2)  An agency may directly pay a commercial
    6-2  transportation company for the transportation expenses and a
    6-3  commercial lodging establishment for the lodging expenses of a
    6-4  witness or deponent if this section otherwise requires the agency
    6-5  to reimburse the witness or deponent for those expenses.
    6-6              (3)  An agency may not pay a commercial transportation
    6-7  company or commercial lodging establishment or reimburse a witness
    6-8  or deponent for transportation, meal, or lodging expenses under
    6-9  this section at a rate that exceeds the maximum rates provided by
   6-10  law for state employees.  An agency may not adopt rules that
   6-11  provide for payment or reimbursement rates that exceed those
   6-12  maximum rates.
   6-13              (4)  In this subsection:
   6-14                    (A)  "Commercial lodging establishment" means a
   6-15  motel, hotel, inn, apartment, or similar entity that offers lodging
   6-16  to the public in exchange for compensation.
   6-17                    (B)  "Commercial transportation company" means an
   6-18  entity that offers transportation of people or goods to the public
   6-19  in exchange for compensation.
   6-20        SECTION 12.  Section 1, Chapter 220, Acts of the 42nd
   6-21  Legislature, Regular Session, 1931 (Article 6252-21, Vernon's Texas
   6-22  Civil Statutes), is amended to read as follows:
   6-23        Sec. 1.  Whoever uses an automobile or truck owned by this
   6-24  State for any purpose shall make a written report of such use to
   6-25  the Head of the Department, Institution, Board, Commission or other
   6-26  Agency of this State having charge of such automobile or truck,
   6-27  such reports to be made daily when such vehicles are in use, a
   6-28  separate report being made for each day, and such reports shall be
   6-29  made on forms prescribed by the General Services Commission
   6-30  <comptroller>.  Such reports shall show the purpose for which such
   6-31  vehicle was used, the mileage traveled, the amounts of gasoline and
   6-32  oil consumed, the passengers carried, and such other information as
   6-33  may be necessary to provide a proper record of the use of such
   6-34  vehicle.  Said reports shall be official records of the State and
   6-35  shall be subject to inspection by any official of this State who
   6-36  shall be authorized to audit or inspect claims, accounts or records
   6-37  of any State Department, Institution, Board, Commission or Agency
   6-38  of the State.
   6-39        SECTION 13.  Section 1(5), Article 6252-31, Revised Statutes,
   6-40  as added by Chapter 641, Acts of the 72nd Legislature, Regular
   6-41  Session, 1991, is amended to read as follows:
   6-42              (5)  "State agency" means a department, board,
   6-43  commission, committee, council, agency, office, or other entity
   6-44  that is in the executive, legislative, or judicial branch of state
   6-45  government.  The term includes an institution of higher education
   6-46  as defined by Section 61.003, Education Code.  The term excludes <a
   6-47  public junior college and> an entity the jurisdiction of which is
   6-48  limited to a geographical portion of the state.
   6-49        SECTION 14.  Section 6, Article 6252-31, Revised Statutes, as
   6-50  added by Chapter 641, Acts of the 72nd Legislature, Regular
   6-51  Session, 1991, is amended by adding Subsection (d) to read as
   6-52  follows:
   6-53        (d)  A system for the electronic submission and approval of
   6-54  vouchers may provide for the secretary of state to approve the
   6-55  comptroller's account electronically.
   6-56        SECTION 15.  Chapter 16, Acts of the 67th Legislature,
   6-57  Regular Session, 1981 (Article 6813e, Vernon's Texas Civil
   6-58  Statutes), is amended by adding Section 3 to read as follows:
   6-59        Sec. 3.  PRIORITY OF DEDUCTIONS.  The comptroller may
   6-60  determine by rule the priority of deductions to the extent that the
   6-61  laws, regulations, and rules of this state and the federal
   6-62  government do not otherwise specify the priority.  This section
   6-63  applies only to the compensation paid by a state governmental body.
   6-64        SECTION 16.  Section 22.001(a), Civil Practice and Remedies
   6-65  Code, is amended to read as follows:
   6-66        (a)  Except as provided by Section 22.002, a <A> witness is
   6-67  entitled to:
   6-68              (1)  one dollar for each day the witness attends court;
   6-69  and
   6-70              (2)  six cents for each mile the witness travels in
    7-1  going to and returning from court.
    7-2        SECTION 17.  Subchapter A, Chapter 22, Civil Practice and
    7-3  Remedies Code, is amended by adding Section 22.002 to read as
    7-4  follows:
    7-5        Sec. 22.002.  FEES FOR WITNESSES SUMMONED BY A STATE
    7-6  AGENCY.  (a)  In this section:
    7-7              (1)  "Commercial lodging establishment" means a motel,
    7-8  hotel, inn, apartment, or similar entity that offers lodging to the
    7-9  public in exchange for compensation.
   7-10              (2)  "Commercial transportation company" means an
   7-11  entity that offers transportation of people or goods to the public
   7-12  in exchange for compensation.
   7-13        (b)  A witness summoned by a state agency is entitled to
   7-14  receive from the agency:
   7-15              (1)  one dollar for each day the witness attends court;
   7-16              (2)  mileage at the rate provided by law for state
   7-17  employees if the witness uses the witness's personally owned or
   7-18  leased motor vehicle to attend court;
   7-19              (3)  reimbursement of the witness's transportation
   7-20  expenses if the witness does not use the witness's personally owned
   7-21  or leased motor vehicle to attend court; and
   7-22              (4)  reimbursement of the witness's meal and lodging
   7-23  expenses while attending court if the court is at least 25 miles
   7-24  from the witness's place of residence.
   7-25        (c)  A state agency may directly pay a commercial
   7-26  transportation company for the transportation expenses and a
   7-27  commercial lodging establishment for the lodging expenses of a
   7-28  witness if this section otherwise requires the agency to reimburse
   7-29  the witness for those expenses.
   7-30        (d)  A state agency may not pay a commercial transportation
   7-31  company or a commercial lodging establishment or reimburse a
   7-32  witness for transportation, meal, or lodging expenses under this
   7-33  section at a rate that exceeds the maximum rates provided by law
   7-34  for state employees.
   7-35        (e)  After receiving the witness's affidavit, the court clerk
   7-36  shall issue a certificate showing the fees incurred under this
   7-37  section.
   7-38        (f)  The witness fees must be taxed in the bill of costs as
   7-39  other costs.
   7-40        SECTION 18.  Article 35.27, Code of Criminal Procedure, is
   7-41  amended by amending Sections 1, 2, 3, 4, 7, and 9 and by adding
   7-42  Section 2A to read as follows:
   7-43        Sec. 1.  Expenses for Nonresident Witnesses.  (a)  Every
   7-44  person subpoenaed by either party or otherwise required or
   7-45  requested in writing by the prosecuting attorney or the court to
   7-46  appear for the purpose of giving testimony in a criminal proceeding
   7-47  who resides outside the state <State> or the county in which the
   7-48  prosecution is pending shall be reimbursed <compensated> by the
   7-49  state <State> for the reasonable and necessary transportation,
   7-50  meal, and lodging <travel and daily living> expenses he incurs by
   7-51  reason of his attendance as a witness at such proceeding.
   7-52        (b)  The state may reimburse a witness for transportation
   7-53  only if the transportation is provided by a commercial
   7-54  transportation company or the witness uses the witness's personally
   7-55  owned or leased motor vehicle.  In this article, "commercial
   7-56  transportation company" means an entity that offers transportation
   7-57  of people or goods to the public in exchange for compensation.
   7-58        (c)  The state may reimburse a witness for lodging only if
   7-59  the lodging is provided by a commercial lodging establishment.  In
   7-60  this article, "commercial lodging establishment" means a motel,
   7-61  hotel, inn, apartment, or similar entity that offers lodging to the
   7-62  public in exchange for compensation.
   7-63        Sec. 2.  Amount of Reimbursement <Compensation> for Expenses.
   7-64  Any person seeking reimbursement <compensation> as a witness shall
   7-65  make an affidavit setting out the transportation, meal, and lodging
   7-66  <travel and daily living> expenses necessitated by his travel to
   7-67  and from and attendance at the place he appeared to give testimony,
   7-68  together with the number of days that such travel and attendance
   7-69  made him absent from his place of residence.  A reimbursement
   7-70  <Compensation> paid by the state <State> to a <the> witness for
    8-1  transportation, meal, or lodging <such> expenses may <shall> not be
    8-2  paid at a rate that exceeds the maximum rates provided by law for
    8-3  state employees <exceed $50 per day for daily living expenses and
    8-4  16 cents per mile for travel by personal automobile>.
    8-5        Sec. 2A.  DIRECT PAYMENT OF TRANSPORTATION OR LODGING
    8-6  EXPENSES.  If this article requires the state to reimburse a
    8-7  witness for transportation or lodging expenses, the state may
    8-8  instead directly pay a commercial transportation company or
    8-9  commercial lodging establishment for those expenses.
   8-10        Sec. 3.  Other Expenses.  In addition to reimbursement or
   8-11  payment <compensation> for transportation, meal, and lodging
   8-12  expenses <travel and living expenses>, the comptroller <Comptroller
   8-13  of Public Accounts>, upon proper application by the attorney for
   8-14  the state <State>, shall reimburse or pay the <such> other expenses
   8-15  <as may be> required by the laws of this state <State> or the state
   8-16  from which the attendance of the witness is sought.
   8-17        Sec. 4.  Application and Approval by Judge.  A reimbursement
   8-18  <Compensation> to a witness <witnesses> as provided by <for in>
   8-19  this article <Article> shall be paid by the state <State> to the
   8-20  witness or his assignee.  Claim shall be made by sworn application
   8-21  to the comptroller <Comptroller of Public Accounts>, a copy of
   8-22  which shall be filed with the clerk of the court, setting out the
   8-23  facts showing entitlement as provided in this article <Article> to
   8-24  the reimbursement <compensation>, which application shall be
   8-25  presented for approval by the judge who presided over the court or
   8-26  empaneled the grand jury before whom the criminal proceeding was
   8-27  pending.  No fee shall be required of any witness for the
   8-28  processing of his claim for reimbursement <compensation>.
   8-29        Sec. 7.  Advance by County.  The county in which a criminal
   8-30  proceeding is pending, upon request of the district attorney or
   8-31  other prosecutor charged with the duty of prosecution in the
   8-32  proceeding, may advance funds from its treasury to any witness who
   8-33  will be entitled to reimbursement <compensation> under this
   8-34  article.  The amount advanced may not exceed the amount that is
   8-35  <Article in such amounts as may be> reasonably necessary to enable
   8-36  the witness to attend as required or requested.  However, the
   8-37  amount advanced may include<, including any> sums in excess of the
   8-38  reimbursement <compensation> provided for by this article if the
   8-39  excess is <Article which are> required for compliance with Section
   8-40  4 of Article 24.28 in securing the attendance of a witness from
   8-41  another state under the Uniform Act.  A county that advances funds
   8-42  to a witness under this section is<, and upon any such advance or
   8-43  advances, the county shall be> entitled to reimbursement by the
   8-44  state <State,> as an assignee of the <compensation due a> witness
   8-45  <from the State>.
   8-46        Sec. 9.  Limitations.  A witness, when attached and conveyed
   8-47  by a sheriff or other officer, is <shall> not eligible to receive
   8-48  reimbursement of transportation, meal, or lodging expenses incurred
   8-49  <be entitled to receive compensation> while in the custody of the
   8-50  officer.  A <such officers and the> court, in its discretion, may
   8-51  limit the number of character witnesses allowed reimbursement under
   8-52  <compensation pursuant to> this article <Article> to not fewer
   8-53  <less> than two for each defendant and two per defendant for the
   8-54  state <State>.
   8-55        SECTION 19.  Sections 51.005(a) and (c), Education Code, are
   8-56  amended to read as follows:
   8-57        (a)  True and full accounts shall be kept by the governing
   8-58  board and by the employees of the institution of all funds
   8-59  collected from all sources and of all sums paid out and the persons
   8-60  to whom and the purposes for which the sums are paid.  The
   8-61  governing board shall annually<, between September 1 and January
   8-62  1,> print a complete report of all the sums collected, all
   8-63  expenditures, and all sums remaining on hand.  The report shall
   8-64  show the true condition of all funds as of the August 31 preceding
   8-65  as well as the collections and expenditures for the preceding year.
   8-66        (c)  The governing board shall furnish one copy of the report
   8-67  each to the governor, comptroller of public accounts, state
   8-68  auditor, Texas Higher Education Coordinating Board, Legislative
   8-69  Budget Board, House Appropriations Committee, Senate Finance
   8-70  Committee, and Legislative Reference Library.   A copy of the
    9-1  report shall be submitted to the comptroller by the deadline
    9-2  established by the comptroller or the General Appropriations Act as
    9-3  necessary to prepare an audited comprehensive financial report.
    9-4  The governing board shall retain five copies of the report for
    9-5  distribution to legislators or other state officials on request.
    9-6        SECTION 20.  Section 57.48(f), Education Code, is amended to
    9-7  read as follows:
    9-8        (f)(1)  This subsection applies when a payment is made to a
    9-9  person other than through the comptroller's issuance of a warrant
   9-10  or the comptroller's use of an electronic funds transfer system.
   9-11              (2)  A state agency may not use funds inside or outside
   9-12  the state treasury to pay a person if <the agency knows that> the
   9-13  person is in default on a loan guaranteed under this chapter.
   9-14              (3)  This subsection does not prohibit a state agency
   9-15  from paying the assignee of a person who is in default on a loan
   9-16  guaranteed under this chapter if the assignment became effective
   9-17  before the person defaulted.
   9-18              (4)  This subsection does not prohibit a state agency
   9-19  from paying the compensation of a state officer or employee.
   9-20              (5)  The comptroller may not reimburse a state agency
   9-21  for a payment that is made in violation of this subsection.
   9-22        SECTION 21.  Section 403.001(b), Government Code, is amended
   9-23  by adding Subdivision (5) to read as follows:
   9-24              (5)  "Cash Management Improvement Act" means the
   9-25  federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
   9-26  6501 et seq.).
   9-27        SECTION 22.  Section 403.005, Government Code, is amended to
   9-28  read as follows:
   9-29        Sec. 403.005.  Approval of Accounts.  (a)  The comptroller's
   9-30  account against the state may not be sent to the treasurer until
   9-31  the secretary of state approves it.
   9-32        (b)  The secretary of state may provide electronic approval
   9-33  of the comptroller's account if:
   9-34              (1)  the comptroller establishes a system for the
   9-35  electronic submission and approval of vouchers as authorized by
   9-36  Article 6252-31, Revised Statutes, as added by Chapter 641, Acts of
   9-37  the 72nd Legislature, Regular Session, 1991; and
   9-38              (2)  the system is designed for the secretary of state
   9-39  to provide electronic approval of the comptroller's account.
   9-40        SECTION 23.  Section 403.013(c), Government Code, is amended
   9-41  to read as follows:
   9-42        (c)  On the last day of February of each year, in addition to
   9-43  the reports required by the constitution and this section, the
   9-44  comptroller shall exhibit to the governor an audited comprehensive
   9-45  annual <a report including:>
   9-46              <(1)  a statewide> financial report <covering all state
   9-47  agencies, prepared in accordance with generally accepted accounting
   9-48  principles,> that includes <financial information of> all state
   9-49  agencies determined to be part of the statewide accounting
   9-50  <reporting> entity and that is prepared in accordance with
   9-51  generally accepted accounting principles as prescribed or modified
   9-52  in pronouncements of <defined by> the Governmental Accounting
   9-53  Standards Board<;>
   9-54              <(2)  the outstanding encumbrances of all those state
   9-55  agencies;>
   9-56              <(3)  the spending authority of those state agencies;>
   9-57              <(4)  all major funds, pension funds, and other funds
   9-58  of those state agencies;>
   9-59              <(5)  a summary of financial information for all state
   9-60  funds held outside the treasury;>
   9-61              <(6)  the status of all outstanding major revenue fund
   9-62  appropriation accounts by agency and appropriation account; and>
   9-63              <(7)  any other information required by the governor,
   9-64  comptroller, state treasurer, state auditor, or legislative budget
   9-65  board>.
   9-66        SECTION 24.  Section 403.016, Government Code, is amended to
   9-67  read as follows:
   9-68        Sec. 403.016.  Electronic Funds Transfer.  (a)  The <Except
   9-69  as provided by Subsection (b), the> comptroller shall establish and
   9-70  operate an electronic funds transfer system in accordance with this
   10-1  section.  The comptroller may use the services of financial
   10-2  institutions, automated clearinghouses, and the federal government
   10-3  to establish and operate the system.
   10-4        (b)  The comptroller shall use the electronic funds transfer
   10-5  system to pay an employee's net state salary and travel expense
   10-6  reimbursements unless:
   10-7              (1)  the employee does not hold a classified position
   10-8  under the state's position classification plan and the employee's
   10-9  gross state salary is less than the gross state salary for a
  10-10  position classified to group 8, step 1, of the state position
  10-11  classification plan; or
  10-12              (2)  the employee holds a classified position under the
  10-13  state's position classification plan that is classified below group
  10-14  8.
  10-15        (c)  The comptroller shall use the electronic funds transfer
  10-16  system to make:
  10-17              (1)  <and transfer directly into payees' accounts in
  10-18  financial institutions only:>
  10-19              <(1)  employees' gross state salaries, less deductions
  10-20  specifically authorized by state or federal law, or reimbursement
  10-21  for employees' travel and subsistence;>
  10-22              <(2)>  payments of more than $100 to annuitants by the
  10-23  Employees Retirement System of Texas or the Teacher Retirement
  10-24  System of Texas under either system's administrative jurisdiction;
  10-25              (2) <(3)>  recurring payments to municipalities,
  10-26  counties, political subdivisions, special districts, and other
  10-27  governmental entities of this state; and
  10-28              (3) <(4)>  payments to vendors designated by the
  10-29  comptroller.
  10-30        (d)  If the comptroller is not required by this section to
  10-31  use the electronic funds transfer system to pay a person, the
  10-32  comptroller may use the system to pay the person on the person's
  10-33  request.
  10-34        <(b)  An employee, annuitant, or vendor may be paid by
  10-35  warrant drawn by the comptroller on the state treasury instead of
  10-36  by electronic funds transfer if:>
  10-37              <(1)  the employee holds a classified position under
  10-38  the state's position classification plan, the position is
  10-39  classified below salary group 8 under the classification salary
  10-40  schedule prescribed by the General Appropriations Act, and the
  10-41  employee makes a written request for payment by warrant; or>
  10-42              <(2)  the employee, annuitant, or vendor shows that he
  10-43  or she cannot establish a qualifying account for electronic funds
  10-44  transfer.>
  10-45        (e) <(c)>  The comptroller may use the <also establish and
  10-46  operate an> electronic funds transfer system to transfer directly
  10-47  any portion of employees' gross state salaries into employees'
  10-48  accounts in a money market mutual fund established in the Texas
  10-49  Treasury Safekeeping Trust Company.
  10-50        (f)  Except as provided by Subsection (e), the comptroller
  10-51  may use the electronic funds transfer system to deposit payments
  10-52  only to a payee's account at a financial institution.  <(d)>  A
  10-53  single electronic funds transfer may contain payments to multiple
  10-54  payees.  Individual transfers or warrants are not required for each
  10-55  payee.  <The comptroller shall establish procedures for
  10-56  administering the system and may use the services of financial
  10-57  institutions, automated clearinghouses, and the federal
  10-58  government.>
  10-59        (g) <(e)>  When a law requires the comptroller to make a
  10-60  payment by warrant, the comptroller may instead make the payment
  10-61  through the <an> electronic funds transfer system.  The
  10-62  comptroller's use of the <an> electronic funds transfer system or
  10-63  any other payment means does not create a right that would not have
  10-64  been created if a <state> warrant had been issued <used>.
  10-65        (h)  Notwithstanding any requirement in this section to make
  10-66  a payment through the electronic funds transfer system, the
  10-67  comptroller shall issue a warrant to pay a person if:
  10-68              (1)  the person properly notifies the comptroller that:
  10-69                    (A)  receiving the payment by electronic funds
  10-70  transfer would be impractical to the person;
   11-1                    (B)  receiving the payment by electronic funds
   11-2  transfer would be more costly to the person than receiving the
   11-3  payment by warrant; or
   11-4                    (C)  the person is unable to establish a
   11-5  qualifying account at a financial institution to receive electronic
   11-6  funds transfers; or
   11-7              (2)  the state agency on whose behalf the comptroller
   11-8  makes the payment properly notifies the comptroller that:
   11-9                    (A)  making the payment by electronic funds
  11-10  transfer would be impractical to the agency; or
  11-11                    (B)  making the payment by electronic funds
  11-12  transfer would be more costly to the agency than making the payment
  11-13  by warrant.
  11-14        (i) <(f)>  Notwithstanding any requirement in this section to
  11-15  make a payment through the electronic funds transfer system <the
  11-16  provisions of this section>, the comptroller may make a payment by
  11-17  warrant if the comptroller determines that:
  11-18              (1)  using <where> the <use of> electronic funds
  11-19  transfer system would be <is> impractical to the state; or
  11-20              (2)  <where> the cost to the state of using the
  11-21  electronic funds transfer system would exceed the cost of issuing a
  11-22  <use of the> warrant.
  11-23        (j)  The comptroller shall adopt rules to administer this
  11-24  section, including rules relating to the notifications that may be
  11-25  provided to the comptroller under Subsection (h).
  11-26        SECTION 25.  Sections 403.0165(a) and (b), Government Code,
  11-27  are amended to read as follows:
  11-28        (a)  An employee of a state agency may authorize <in writing>
  11-29  a transfer each pay period from the employee's salary or wage
  11-30  payment for a membership fee in an eligible state employee
  11-31  organization.  The <written> authorization shall remain in effect
  11-32  until an employee<, in writing,> authorizes a change in the
  11-33  authorization.  Authorizations and changes in authorizations must
  11-34  be provided in accordance with rules adopted by the comptroller.
  11-35        (b)  The comptroller <by rule shall establish an annual
  11-36  transfer authorization period and> shall adopt <promulgate> rules
  11-37  for transfers by employees to a certified eligible state employee
  11-38  organization.  The rules may authorize electronic transfers of
  11-39  amounts deducted from employees' salaries and wages under this
  11-40  section.
  11-41        SECTION 26.  Subchapter B, Chapter 403, Government Code, is
  11-42  amended by adding Sections 403.0205 and 403.023 to read as follows:
  11-43        Sec. 403.0205.  REVIEW BY COMPTROLLER--INTERSCHOLASTIC
  11-44  COMPETITION.  The comptroller may periodically review and analyze
  11-45  the effectiveness and efficiency of the policies, management,
  11-46  fiscal affairs, and operations of an organization that is a
  11-47  component or part of a state agency or institution and that
  11-48  sanctions or conducts interscholastic competition.  The comptroller
  11-49  shall report the comptroller's findings to the governor, lieutenant
  11-50  governor, and speaker of the house of representatives.  The
  11-51  legislature may consider the comptroller's reports in connection
  11-52  with the legislative appropriations process.
  11-53        Sec. 403.023.  CREDIT CARDS.  (a)  The treasurer in
  11-54  consultation with the comptroller may adopt rules relating to the
  11-55  acceptance of credit cards for the payment of fees, taxes, and
  11-56  other charges assessed by state agencies.  The rules may:
  11-57              (1)  authorize a state agency to accept credit cards if
  11-58  the treasurer determines the best interests of the state would be
  11-59  promoted;
  11-60              (2)  authorize or require a credit card user to pay a
  11-61  processing fee to the state agency that accepts the credit card;
  11-62  and
  11-63              (3)  authorize a particular state agency to accept
  11-64  credit cards without providing the same authorization to other
  11-65  state agencies.
  11-66        (b)  The comptroller may adopt rules relating to the use of
  11-67  credit cards by state agencies to pay for purchases.  The rules
  11-68  may:
  11-69              (1)  authorize a state agency to use credit cards if
  11-70  the comptroller determines the best interests of the state would be
   12-1  promoted;
   12-2              (2)  authorize a state agency to use credit cards to
   12-3  pay for purchases without providing the same authorization to other
   12-4  state agencies;
   12-5              (3)  authorize a state agency to use credit cards to
   12-6  pay for purchases that otherwise may be paid out of the agency's
   12-7  petty cash accounts under Subchapter K; and
   12-8              (4)  authorize the General Services Commission to
   12-9  contract with one or more credit card issuers on behalf of state
  12-10  agencies.
  12-11        (c)  The treasurer and comptroller may not adopt rules about
  12-12  a particular state agency's acceptance of credit cards that would
  12-13  affect a contract that the state agency has entered into that is in
  12-14  effect on September 1, 1993.
  12-15        (d)  The treasurer and comptroller may not adopt rules about
  12-16  a particular state agency's acceptance or use of credit cards if
  12-17  another law specifically authorizes, requires, prohibits, or
  12-18  otherwise regulates the acceptance or use.
  12-19        (e)  In this section, "state agency" means:
  12-20              (1)  a board, commission, department, or other agency
  12-21  in the executive branch of state government that is created by the
  12-22  constitution or a statute of this state, including an institution
  12-23  of higher education as defined by Section 61.003, Education Code,
  12-24  other than a public junior college;
  12-25              (2)  the legislature or a legislative agency; or
  12-26              (3)  the supreme court, the court of criminal appeals,
  12-27  a court of appeals, or a state judicial agency.
  12-28        SECTION 27.  Section 403.054, Government Code, is amended to
  12-29  read as follows:
  12-30        Sec. 403.054.  REPLACEMENT <DUPLICATE> WARRANT.  (a)  Subject
  12-31  to Subsection (b), the comptroller may issue a replacement
  12-32  <duplicate> warrant in place of an original warrant drawn on the
  12-33  state treasury if the state agency on whose behalf the comptroller
  12-34  issued the original warrant notifies the comptroller <is satisfied>
  12-35  that:
  12-36              (1)  the original warrant has been lost, destroyed, or
  12-37  stolen;
  12-38              (2)  the original warrant has not been received; or
  12-39              (3)  the payee's endorsement on the original warrant
  12-40  has been forged.
  12-41        (b)  The comptroller may not issue a replacement warrant if:
  12-42              (1)  the state treasurer has paid the original warrant,
  12-43  unless the treasurer has obtained a refund of the payment;
  12-44              (2)  the period during which the state treasurer may
  12-45  pay the original warrant has expired under Section 404.046 or other
  12-46  applicable law;
  12-47              (3)  the payee of the replacement warrant is not the
  12-48  same as the payee of the original warrant; or
  12-49              (4)  the comptroller is prohibited by Section 403.055
  12-50  or 481.0841, or by Section 57.48, Education Code, from issuing a
  12-51  warrant to the payee of the replacement warrant <duplicate unless
  12-52  the applicant has filed with the comptroller an affidavit stating
  12-53  that the applicant is the true owner of the original and that the
  12-54  original has been lost, destroyed, or stolen, that it has not been
  12-55  received, or that the payee's endorsement on the instrument has
  12-56  been forged.  If the applicant is a government agency, the head of
  12-57  the agency and one other person connected with the handling of
  12-58  warrants for the agency shall make this affidavit for a lost or
  12-59  destroyed warrant belonging to the agency.  An applicant, other
  12-60  than a government agency, shall also file with the comptroller a
  12-61  bond in the amount of the claim, payable to the governor, approved
  12-62  by the comptroller, and conditioned that the applicant will hold
  12-63  the state harmless and return to the comptroller on demand the
  12-64  duplicate or the amount of money specified in the duplicate and all
  12-65  costs of the state in collecting the amount.  For the purposes of
  12-66  this subsection, "government agency" means a state agency, court,
  12-67  school, school district, or a federal agency>.
  12-68        (c)  A replacement warrant:
  12-69              (1)  must reflect the same fiscal year as the original
  12-70  warrant; and
   13-1              (2)  may not be paid by the state treasurer unless
   13-2  presented for payment to the treasurer or a financial institution
   13-3  before the expiration of two years after the close of the fiscal
   13-4  year in which the original warrant was issued.
   13-5        (d)  The state treasurer may not pay an original warrant
   13-6  after the comptroller has notified the treasurer that the
   13-7  comptroller has issued a replacement warrant for the original
   13-8  warrant.
   13-9        (e) <(c)>  If the comptroller determines that a replacement
  13-10  warrant <duplicate> was improperly issued or that the <applicant or
  13-11  the> person to whom the replacement <duplicate> was issued was not
  13-12  its owner, the comptroller shall immediately demand return of the
  13-13  replacement <duplicate> or, if the replacement <duplicate> has been
  13-14  paid, the amount paid by the state.  If this demand is not
  13-15  satisfied, the comptroller shall refer the matter to the attorney
  13-16  general for appropriate action <file suit on the bond in Travis
  13-17  County>.
  13-18        (f)  A person <(d)  An entity> other than a law enforcement
  13-19  official that has possession of a lost or stolen warrant or a
  13-20  warrant on which the payee's endorsement has been forged shall, on
  13-21  request, immediately deliver the warrant to the <issuing agency or
  13-22  the> comptroller or the state agency on whose behalf the
  13-23  comptroller issued the warrant <on request>.  The agency or
  13-24  comptroller shall issue a receipt for the warrant.
  13-25        (g) <(e)>  Failure to reimburse the state on demand as
  13-26  required by Subsection (e) constitutes a debt to the state and
  13-27  further payment to the person <applicant> shall be held as provided
  13-28  by Section 403.055.
  13-29        (h) <(f)>  The comptroller shall adopt rules and forms
  13-30  regarding the issuance of replacement <duplicate> warrants.
  13-31        SECTION 28.  Section 403.055(e), Government Code, is amended
  13-32  to read as follows:
  13-33        (e)(1)  This subsection applies when a payment is made to a
  13-34  person other than through the comptroller's issuance of a warrant
  13-35  or the comptroller's use of an electronic funds transfer system.
  13-36              (2)  A state agency may not use funds inside or outside
  13-37  the state treasury to pay a person if the <agency knows that the>
  13-38  person is indebted or owes delinquent taxes to the state or owes
  13-39  delinquent taxes under a tax that the comptroller administers or
  13-40  collects until the debt or taxes are paid.
  13-41              (3)  This subsection does not prohibit a state agency
  13-42  from paying the assignee of a person who is indebted or owes
  13-43  delinquent taxes to the state if the assignment became effective
  13-44  before the person became indebted to the state or delinquent in the
  13-45  payment of taxes to the state.
  13-46              (4)  This subsection does not prohibit a state agency
  13-47  from paying the compensation of a state officer or employee.
  13-48              (5)  The comptroller may not reimburse a state agency
  13-49  for a payment that is made in violation of this subsection.
  13-50        SECTION 29.  Section 403.071(f), Government Code, is amended
  13-51  to read as follows:
  13-52        (f)  A person commits an offense if the person knowingly
  13-53  makes a false certificate on a claim against the state for the
  13-54  purpose of authenticating a claim against the state.  An offense
  13-55  under this section is punishable by imprisonment in the
  13-56  institutional division of the Texas Department of Criminal Justice
  13-57  <Corrections> for not less than two or more than five years.
  13-58        SECTION 30.  Subchapter E, Chapter 403, Government Code, is
  13-59  amended by adding Section 403.0721 to read as follows:
  13-60        Sec. 403.0721.  NET COMPENSATION CALCULATION.  The
  13-61  comptroller may adopt procedures and rules relating to the method
  13-62  used to calculate the net compensation of a state officer or
  13-63  employee.
  13-64        SECTION 31.  Section 403.092, Government Code, is amended to
  13-65  read as follows:
  13-66        Sec. 403.092.  TEMPORARY TRANSFER OF SURPLUS AND OTHER CASH.
  13-67  (a)  To allow efficient management of the cash flow of the general
  13-68  revenue fund and to avoid temporary cash deficiency in that fund,
  13-69  the comptroller, with the consent of the state treasurer, may
  13-70  transfer surplus cash, except constitutionally dedicated revenues,
   14-1  between funds in the state treasury.  As soon as practicable the
   14-2  comptroller shall return the surplus cash to the fund from which it
   14-3  was transferred.  The comptroller shall preserve the fund equity
   14-4  and the state treasurer shall allocate the depository interest as
   14-5  if the transfer had not been made.
   14-6        (b)  If the comptroller submits a statement under Article
   14-7  III, Section 49a, of the Texas Constitution when surplus cash
   14-8  transferred under Subsection (a) <this section> is in the general
   14-9  revenue fund, the comptroller shall indicate in that statement that
  14-10  the transferred surplus cash is in the general revenue fund, is a
  14-11  liability of that fund, and is not available for appropriation by
  14-12  the legislature.
  14-13        (c)  The comptroller may temporarily transfer cash from the
  14-14  general revenue fund to a special fund in the state treasury or to
  14-15  an account in the general revenue fund if:
  14-16              (1)  the transfer contributes toward minimizing the
  14-17  state's interest liability under the Cash Management Improvement
  14-18  Act of 1990 (31 U.S.C.  Section 6501 et seq.) by delaying the
  14-19  receipt of federal money;
  14-20              (2)  the amount transferred does not exceed the amount
  14-21  necessary for the comptroller to process a payroll claim that a
  14-22  state agency submits before the end of the payroll period under
  14-23  Section 403.072;
  14-24              (3)  the comptroller determines before the transfer
  14-25  occurs that other money is not available to process the payroll
  14-26  claim;
  14-27              (4)  before the transfer occurs, the comptroller is
  14-28  notified by the state agency whose payroll claim will be processed
  14-29  that the federal government is legally required to provide by
  14-30  payday sufficient money to pay the claim;
  14-31              (5)  the transfer does not occur earlier than the 10th
  14-32  day before payday; and
  14-33              (6)  the amount transferred is returned to the general
  14-34  revenue fund as soon as possible after the federal money is
  14-35  received but not later than payday.
  14-36        (d)  The amount transferred under Subsection (c) is a
  14-37  receivable of the general revenue fund for the purposes of
  14-38  statements that the comptroller submits under Article III, Section
  14-39  49a, of the Texas Constitution.  The transferred amount is
  14-40  available for appropriation by the legislature.
  14-41        (e)  The comptroller may adopt procedures and rules to
  14-42  administer  Subsections (c) and (d).
  14-43        SECTION 32.  Section 403.111, Government Code, is amended by
  14-44  amending Subsection (a) and adding Subsection (f) to read as
  14-45  follows:
  14-46        (a)  Except as provided by Subsection (f), the  <The>
  14-47  comptroller shall obtain suitable books for use as bond registers
  14-48  by the comptroller's office.  The volumes of the books shall be
  14-49  separately designated.
  14-50        (f)  The comptroller may use electronic means, including the
  14-51  central electronic computing and data processing center established
  14-52  under Section 403.015, instead of books to register bonds.
  14-53        SECTION 33.  Section 404.071, Government Code, is amended by
  14-54  adding Subsections (e)-(h) to read as follows:
  14-55        (e)  The treasurer shall notify the comptroller of the amount
  14-56  of interest paid from the general revenue fund as a result of the
  14-57  federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
  14-58  6501 et seq.).  The treasurer shall provide the notifications in
  14-59  accordance with the comptroller's requirements for frequency,
  14-60  method, and format.
  14-61        (f)  For each special fund or account that contains
  14-62  depository interest, the comptroller shall transfer from the fund
  14-63  or account to the general revenue fund an amount equal to the
  14-64  interest paid from the general revenue fund on behalf of the fund
  14-65  or account.  In this subsection:
  14-66              (1)  "Account" means a subdivision of a special fund or
  14-67  the general revenue fund.
  14-68              (2)  "Fund" and "special fund" have the meanings
  14-69  assigned by Section 403.001.
  14-70        (g)  The comptroller may adopt procedures and rules to
   15-1  administer  Subsections (e) and (f).
   15-2        (h)  Subsections (e) and (f) apply notwithstanding any other
   15-3  law.
   15-4        SECTION 34.  Section 402.273(b), Health and Safety Code, is
   15-5  amended to read as follows:
   15-6        (b)  This subsection applies only if <If> the authority does
   15-7  not issue bonds under Subchapter K.  The<, the> waste disposal fees
   15-8  must also include an amount sufficient to allow the authority to
   15-9  recover expenses incurred before beginning operation of the
  15-10  disposal site amortized over a period of not more than 20 years
  15-11  beginning on the first day of operation of the disposal site.  The
  15-12  fees must be sufficient to recover the depository interest that the
  15-13  general revenue fund would have earned had the fund not been used
  15-14  to pay expenses incurred before the disposal site begins operation.
  15-15  Depository interest recovered under this subsection shall be
  15-16  deposited to the credit of the general revenue fund.  Principal
  15-17  recovered under this subsection shall be deposited to the credit of
  15-18  the general revenue fund until the amount deposited has fully
  15-19  reimbursed the fund for expenses paid from the fund before the
  15-20  disposal site begins operation.  The remainder of the principal
  15-21  shall be deposited as provided by Section 402.272(a).
  15-22        SECTION 35.  Section 31.039, Human Resources Code, is amended
  15-23  to read as follows:
  15-24        Sec. 31.039.  Issuance of Replacement <Duplicate> Assistance
  15-25  Warrants.  The comptroller may issue a replacement <duplicate>
  15-26  financial assistance warrant to a recipient who has failed to
  15-27  receive or has lost the original warrant in accordance with Section
  15-28  403.054, Government Code <Article 4365, Revised Civil Statutes of
  15-29  Texas, 1925, as amended>.
  15-30        SECTION 36.  The Texas Employees Uniform Group Insurance
  15-31  Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
  15-32  amended by adding Section 4C to read as follows:
  15-33        Sec. 4C.  ELECTRONIC AUTHORIZATIONS.  (a)  The trustee may
  15-34  develop a system for an employee, school district employee, or
  15-35  annuitant to electronically authorize:
  15-36              (1)  enrollment in a coverage or benefit program;
  15-37              (2)  contributions to a coverage or benefit program;
  15-38  and
  15-39              (3)  deductions or reductions to the compensation or
  15-40  annuity of the employee, school district employee, or annuitant for
  15-41  participation in a coverage or benefit program.
  15-42        (b)  The trustee may permit or require an authorization
  15-43  covered by Subsection (a) of this section to be made
  15-44  electronically, notwithstanding any law to the contrary.
  15-45        SECTION 37.  Section 14, Texas Employees Uniform Group
  15-46  Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
  15-47  Code), as amended by Chapters 391 and 850, Acts of the 72nd
  15-48  Legislature, Regular Session, 1991, is amended to read as follows:
  15-49        Sec. 14.  PAYMENT OF CONTRIBUTIONS.  (a)  The trustee shall
  15-50  use the amount appropriated for employer contributions in
  15-51  accordance with Section 15 of this Act and Subsection (a-1) of this
  15-52  section to fund the basic coverage.  The trustee may equitably
  15-53  allocate to each health benefits plan the employer contributions
  15-54  that would be required to fund basic health coverage for
  15-55  participants in the plans to the extent funds are available.  In
  15-56  allocating the employer contributions among plans, the trustee
  15-57  shall consider the relevant risk characteristics of each plan's
  15-58  enrollment, including demographic variations in the use and cost of
  15-59  health care and the prevailing cost patterns in the area in which
  15-60  the plan operates.  The allocation must be reasonable and set in a
  15-61  manner which assures employees a fair choice among health benefit
  15-62  plans providing a basic plan.  The contribution set for each
  15-63  employee shall be within the total amount appropriated in the
  15-64  General Appropriations Act.
  15-65        (a-1) <(b)>  Each participating school district shall
  15-66  contribute, for each school district employee covered by the
  15-67  program, an amount equal to the employee only cost of the plans of
  15-68  group coverages authorized by the trustee for school district
  15-69  employees, provided that the school district's contribution may not
  15-70  exceed the amount contributed for each state employee by the state
   16-1  and the employee's employing department <in accordance with
   16-2  Subsection (a) of this section>.  If the cost of the plan
   16-3  authorized by the trustee for school district employees exceeds the
   16-4  amount of the district's contribution, the district shall deduct
   16-5  from the monthly compensation of the employee an amount sufficient
   16-6  to pay the amount of the premiums not covered by the district's
   16-7  contribution.
   16-8        (b)  Any employer contributions remaining after the basic
   16-9  coverage has been funded may be allocated by the trustee to fund
  16-10  optional coverages in any manner the trustee determines is
  16-11  appropriate.
  16-12        (c)  The trustee may not allocate any employer contributions
  16-13  to fund voluntary coverages.  Voluntary coverages must be funded
  16-14  solely by employee contributions.
  16-15        (d)  If the cost of the basic coverage for a state employee
  16-16  or annuitant exceeds the amount of employer contributions allocated
  16-17  to fund the basic coverage, the state shall deduct from or reduce
  16-18  the monthly compensation of the state employee and shall deduct
  16-19  from the retirement benefits of the annuitant an amount sufficient
  16-20  to pay the cost of the basic coverage.
  16-21        (e)  The trustee shall apply the amount of any employer
  16-22  contribution allocated to fund optional coverages to the excess of
  16-23  the cost of the basic and optional coverages for which the employee
  16-24  or annuitant has applied over the basic coverage contribution.
  16-25  Except as provided by Subsection (h) of this section, if an
  16-26  employee or annuitant applies for basic and optional coverages for
  16-27  which the cost exceeds the contributions for those coverages under
  16-28  this Act, the employee or annuitant shall authorize <in writing> in
  16-29  a form and manner satisfactory to the trustee a deduction from the
  16-30  employee's or annuitant's monthly compensation or annuity equal to
  16-31  the difference between the cost of basic and optional coverages for
  16-32  which the employee or annuitant has applied and the employer
  16-33  contributions for basic and optional coverage.
  16-34        (f)  Except as provided by Subsection (h) of this section, if
  16-35  an employee or annuitant applies for voluntary coverages, the
  16-36  employee shall authorize <in writing> in a form and manner
  16-37  satisfactory to the trustee a deduction from the employee's monthly
  16-38  compensation or annuity equal to the cost of the voluntary
  16-39  coverages.
  16-40        (g)  If an employee or annuitant refuses the coverages or
  16-41  benefits provided under this Act <in writing> in a form and manner
  16-42  satisfactory to the trustee, the state and the employee's
  16-43  department may not make any contribution to the cost of any
  16-44  coverages or benefits for the employee or annuitant.
  16-45        (h)  If an employee elects to participate in the cafeteria
  16-46  plan, the employee must execute a salary reduction agreement under
  16-47  which the employee's monthly compensation will be reduced in an
  16-48  amount that is equal to the difference between the employer
  16-49  contributions for basic and optional coverages and the cost of the
  16-50  cafeteria plan coverages identified by the trustee as comparable to
  16-51  the basic and optional coverages for which the employee is
  16-52  eligible.  The salary reduction agreement must also provide for an
  16-53  additional reduction in the employee's compensation equal to the
  16-54  cost of voluntary coverages for which the employee has applied.  An
  16-55  employee who executes a salary reduction agreement for insurance
  16-56  coverage included in the cafeteria plan has elected to participate
  16-57  in the cafeteria plan and agreed to a salary reduction for the
  16-58  insurance coverages for subsequent plan years unless the
  16-59  participant, during an annual enrollment period specified by the
  16-60  trustee, elects in a form and manner satisfactory to the trustee
  16-61  <writing> not to participate for the next plan year in the
  16-62  insurance coverages.  An employee who has elected not to
  16-63  participate in the cafeteria plan insurance coverages may re-enroll
  16-64  by executing a new salary reduction agreement during a subsequent
  16-65  annual enrollment period.  A salary reduction agreement for
  16-66  cafeteria plan benefits other than insurance coverages must be
  16-67  executed annually, during the annual enrollment period.  The
  16-68  employee shall pay any remaining portion of the cost of benefits
  16-69  that is not covered by the contributions for basic and optional
  16-70  coverages and the salary reduction under the cafeteria plan by
   17-1  executing a payroll deduction agreement.
   17-2        SECTION 38.  Subchapter B, Chapter 111, Tax Code, is amended
   17-3  by adding Section 111.062 to read as follows:
   17-4        Sec. 111.062.  ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF
   17-5  CERTAIN TAXES AND FEES.  (a)  The comptroller may accept a credit
   17-6  card in payment of:
   17-7              (1)  a delinquent tax and related penalties and
   17-8  interest imposed by this code;
   17-9              (2)  a fee charged for:
  17-10                    (A)  an account status certificate;
  17-11                    (B)  a no tax due certificate;
  17-12                    (C)  postage;
  17-13                    (D)  a certified copy;
  17-14                    (E)  a copy of a document;
  17-15                    (F)  a microfilm copy;
  17-16                    (G)  written evidence of the comptroller's
  17-17  records;
  17-18                    (H)  research;
  17-19                    (I)  labor;
  17-20                    (J)  a minerals tax history; and
  17-21                    (K)  a minerals tax extract; and
  17-22              (3)  any other service fee charged by the comptroller.
  17-23        (b)  If the comptroller accepts a payment by credit card, the
  17-24  comptroller may require the payment of a processing fee by the
  17-25  credit card user.
  17-26        SECTION 39.  (a)  Section 5(c), Chapter 720, Acts of the 66th
  17-27  Legislature, Regular Session, 1979 (Article 4413(33a), Vernon's
  17-28  Texas Civil Statutes), is repealed.
  17-29        (b)  Section 9, Chapter 720, Acts of the 66th Legislature,
  17-30  Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
  17-31  Statutes), is repealed.
  17-32        (c)  Section 10, Chapter 720, Acts of the 66th Legislature,
  17-33  Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
  17-34  Statutes), is amended to read as follows:
  17-35        Sec. 10.  APPLICATION.  Sections 4 through 8 <9> of this Act
  17-36  do not apply to the distribution of information that is required by
  17-37  law.
  17-38        SECTION 40.  This Act takes effect September 1, 1993.
  17-39        SECTION 41.  The importance of this legislation and the
  17-40  crowded condition of the calendars in both houses create an
  17-41  emergency and an imperative public necessity that the
  17-42  constitutional rule requiring bills to be read on three several
  17-43  days in each house be suspended, and this rule is hereby suspended.
  17-44                               * * * * *
  17-45                                                         Austin,
  17-46  Texas
  17-47                                                         May 21, 1993
  17-48  Hon. Bob Bullock
  17-49  President of the Senate
  17-50  Sir:
  17-51  We, your Committee on Finance to which was referred H.B. No. 1952,
  17-52  have had the same under consideration, and I am instructed to
  17-53  report it back to the Senate with the recommendation that it do not
  17-54  pass, but that the Committee Substitute adopted in lieu thereof do
  17-55  pass and be printed.
  17-56                                                         Montford,
  17-57  Chairman
  17-58                               * * * * *
  17-59                               WITNESSES
  17-60  No witnesses appeared on H.B. No. 1952.