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.