By Moreno                                             H.B. No. 2117
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the benefits and expenses of state officers and
    1-3  employees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1(5), Article 4591.2, Revised Statutes,
    1-6  is amended to read as follows:
    1-7              (5)  "State holiday" means:
    1-8                    (A)  the 19th day of January;
    1-9                    (B)  the second day of March;
   1-10                    (C)  the 21st day of April;
   1-11                    (D)  the 19th day of June;
   1-12                    (E)  the 27th day of August;
   1-13                    (F)  every day on which an election is held
   1-14  throughout the state;
   1-15                    (G)  the <fourth> Friday following the fourth
   1-16  Thursday in <of> November;
   1-17                    (H)  the 24th day of December; and
   1-18                    (I)  the 26th day of December.
   1-19        SECTION 2.  Section 3, Article 4591.2, Revised Statutes, is
   1-20  amended to read as follows:
   1-21        Sec. 3.  A state agency must have enough state employees on
   1-22  duty during a state holiday to conduct the public business of the
   1-23  agency.  This section does not apply to a state holiday that falls
    2-1  on a Saturday or Sunday, the <fourth> Friday following the fourth
    2-2  Thursday in <of> November, the 24th day of December, or the 26th
    2-3  day of December.
    2-4        SECTION 3.  Subsection (c), Section 6, Article 4591.2,
    2-5  Revised Statutes, is amended to read as follows:
    2-6        (c)  A state employee may not agree to relinquish the
    2-7  <fourth> Friday following the fourth Thursday in <of> November, the
    2-8  24th day of December, or the 26th day of December.
    2-9        SECTION 4.  Section 8, Article 4591.2, Revised Statutes, is
   2-10  amended to read as follows:
   2-11        Sec. 8.  (a)  A state employee who begins working for a state
   2-12  agency on the first workday of a month is entitled to be paid for a
   2-13  state holiday or national holiday that occurs before the first
   2-14  workday if the holiday:
   2-15              (1)  occurs during the month; and
   2-16              (2)  does not fall on a Saturday or Sunday.
   2-17        (b)  A state employee who stops working for a state agency on
   2-18  the last workday of a month is entitled to be paid for a state
   2-19  holiday or national holiday that occurs after the last workday if
   2-20  the holiday:
   2-21              (1)  occurs during the month; and
   2-22              (2)  does not fall on a Saturday or Sunday.
   2-23        (c)  A state employee who stops working for a state agency
   2-24  during a month is entitled to be paid for a state holiday or
   2-25  national holiday if the employee is working on the last workday
    3-1  preceding or the first workday following the holiday.  This
    3-2  subsection applies only if Subsections (a) and (b) of this section
    3-3  do not apply.
    3-4        (d)  In this section, "workday" means a day on which a state
    3-5  employee is normally scheduled to work.
    3-6        (e)  For the purpose of this section:
    3-7              (1)  a state employee who is on vacation leave, sick
    3-8  leave, or other type of paid leave is working for a state agency
    3-9  during the period of the leave; and
   3-10              (2)  a state employee who is on leave without pay or
   3-11  other type of unpaid leave is not working for a state agency during
   3-12  the period of the leave.
   3-13        SECTION 5.  Article 4591.2, Revised Statutes, is amended by
   3-14  adding Section 10 to read as follows:
   3-15        Sec. 10.  The comptroller may adopt procedures and rules to
   3-16  administer this article.
   3-17        SECTION 6.  Chapter 217, Acts of the 61st Legislature,
   3-18  Regular Session, 1969 (Article 6252-8a, Vernon's Texas Civil
   3-19  Statutes), is amended by adding Section 3B to read as follows:
   3-20        Sec. 3B.  The comptroller may adopt procedures and rules to
   3-21  administer this Act.
   3-22        SECTION 7.  Section 1, Chapter 298, Acts of the 64th
   3-23  Legislature, Regular Session, 1975 (Article 6252-8b, Vernon's Texas
   3-24  Civil Statutes), is amended by adding Subsection (i) to read as
   3-25  follows:
    4-1        (i)  The comptroller may adopt procedures and rules to
    4-2  administer this section.
    4-3        SECTION 8.  Section 1, Chapter 211, Acts of the 66th
    4-4  Legislature, Regular Session, 1979 (Article 6252-20b, Vernon's
    4-5  Texas Civil Statutes), is amended by adding Subsection (d) to read
    4-6  as follows:
    4-7        (d)  The comptroller may adopt procedures and rules to
    4-8  administer this Act.
    4-9        SECTION 9.  Section 1, Chapter 2, Acts of the 64th
   4-10  Legislature, Regular Session, 1975 (Article 6813c, Vernon's Texas
   4-11  Civil Statutes) is amended to read as follows:
   4-12        Sec. 1.  The <Travel expense reimbursements and the> state's
   4-13  participation in group insurance premiums for all state officers
   4-14  and employees shall be in such sums or amounts as may be provided
   4-15  for by the legislature in the General Appropriations Act.
   4-16        SECTION 10.  Chapter 231, Acts of the 56th Legislature,
   4-17  Regular Session, 1959 (Article 6823a, Vernon's Texas Civil
   4-18  Statutes) is repealed.
   4-19        SECTION 11.  Title 117, Revised Statutes, is amended by
   4-20  adding Article 6823c to read as follows:
   4-21        Article 6823c.  Travel of State Employees.
   4-22        Sec. 1.  DEFINITIONS.  In this article:
   4-23              (1)  "Appropriated funds" means funds appropriated by
   4-24  the General Appropriations Act.
   4-25              (2)  "Incidental expense" means a necessary and
    5-1  reasonable expense that a state employee incurs while traveling on
    5-2  official state business.  The term excludes meal, lodging, and
    5-3  transportation expenses; expenses of a personal nature; expenses
    5-4  that a state employee would incur regardless of whether the
    5-5  employee were traveling; and, tips and gratuities.
    5-6              (3)  "Institution of higher education" has the meaning
    5-7  assigned by Section 61.003, Education Code.
    5-8              (4)  "State agency" means a unit of state government
    5-9  that uses appropriated funds to pay or reimburse the travel
   5-10  expenses of its state employees.
   5-11              (5)  "State employee" means an individual employed by a
   5-12  state agency, including a state official, a head of agency, a chief
   5-13  deputy, a chief clerk, and a key official.  The term excludes a
   5-14  member of the legislature.
   5-15              (6)  "Travel expense" means a meal, lodging,
   5-16  transportation, or incidental expense.
   5-17        Sec. 2.  DESIGNATED HEADQUARTERS.  The designated
   5-18  headquarters for a state employee is the area within the boundaries
   5-19  of the incorporated municipality where the employee's place of
   5-20  employment is located.  If a state employee's place of employment
   5-21  is located within an unincorporated area, then the area within a
   5-22  five mile radius of the place of employment is the employee's
   5-23  designated headquarters.  If an incorporated or unincorporated
   5-24  municipality or area is completely surrounded by the incorporated
   5-25  municipality in which an employee's place of employment is located,
    6-1  then the employee's designated headquarters includes the surrounded
    6-2  municipality or area.
    6-3        Sec. 3  GENERAL APPROPRIATIONS ACT.  (a)  Except where in
    6-4  conflict with this article, the General Appropriations Act governs
    6-5  the procedures, amounts, timing, limits, required documentation,
    6-6  permissible payees, distinctions between different types of state
    6-7  employees, and all other details concerning travel expense
    6-8  expenditures by a state agency.
    6-9        (b)  Except to the extent required by other laws, this
   6-10  article and the travel provisions in the General Appropriations Act
   6-11  do not apply when:
   6-12              (1)  a state agency pays, reimburses, or advances
   6-13  travel expenses from other than appropriated funds;
   6-14              (2)  a state employee of the athletic department of an
   6-15  institution of higher education incurs travel expenses; or
   6-16              (3)  a federal law or regulation irreconcilably
   6-17  conflicts with this article or the travel provisions in the General
   6-18  Appropriations Act.
   6-19        Sec. 4.  METHOD OF PAYMENT.  (a)  A state agency may
   6-20  reimburse a state employee for a travel expense if the employee
   6-21  incurs it while traveling on official state business.
   6-22        (b)  The General Appropriations Act may authorize a state
   6-23  agency to pay a vendor for a travel expense if a state employee
   6-24  incurs the expense while traveling on official state business.
   6-25        Sec. 5.  TRAVEL IN PERSONALLY OWNED OR LEASED MOTOR
    7-1  VEHICLES.  (a)  This section applies when a state employee travels
    7-2  on official state business via the employee's personally owned or
    7-3  leased motor vehicle.
    7-4        (b)  A state agency may reimburse a state employee for
    7-5  mileage at the mileage reimbursement rate specified in the General
    7-6  Appropriations Act.
    7-7        (c)  Reimbursable mileage may not exceed the shortest highway
    7-8  mileage between the point of origin and the final point of
    7-9  destination.  However, when a state employee conducts official
   7-10  state business at points between the point of origin and the final
   7-11  point of destination, the computation of the shortest highway
   7-12  mileage must consider the business conducted at the intermediate
   7-13  points.
   7-14        (d)  In computing the shortest route between points,
   7-15  farm-to-market and ranch-to-market roads must be considered.
   7-16        (e)  The comptroller shall periodically adopt a mileage guide
   7-17  that includes a chart showing the shortest route between points.
   7-18        (f)  A state agency may reimburse a state employee for
   7-19  mileage that exceeds the mileage specified in the adopted mileage
   7-20  guide if point-to-point mileage is listed on the claim form
   7-21  submitted to the comptroller.  This subsection does not authorize a
   7-22  mileage reimbursement when this article or the General
   7-23  Appropriations Act otherwise prohibits a mileage reimbursement.
   7-24        (g)(1)  When two, three, or four state employees of the same
   7-25  state agency with the same itinerary travel on the same dates and
    8-1  on the same official state business, the agency may reimburse only
    8-2  one of those employees for the use of a personally owned or leased
    8-3  motor vehicle.
    8-4              (2)  If more than four employees of the same state
    8-5  agency with the same itinerary travel on the same dates and on the
    8-6  same official state business, then a state agency may reimburse for
    8-7  the use of a personally owned or leased motor vehicle on the basis
    8-8  of one vehicle for each four employees and for each fraction in
    8-9  excess of a multiple of four employees.
   8-10              (3)  This subsection does not apply if a head of agency
   8-11  determines in advance of travel that it is infeasible for employees
   8-12  to travel together in the same motor vehicle.
   8-13        Sec. 6.  RENTED OR PUBLIC CONVEYANCES.  A state employee may
   8-14  use rented or public conveyances when traveling on official state
   8-15  business.
   8-16        Sec. 7.  TRAVEL TO FOREIGN COUNTRIES.  (a)  A state agency
   8-17  may not pay or reimburse a state employee for the travel expenses
   8-18  incurred while traveling to a foreign country unless the governor
   8-19  provides written approval of the travel before the travel begins.
   8-20        (b)  The governor may give blanket approval for travel to
   8-21  foreign countries to the Department of Public Safety and the
   8-22  international trade development division of the Texas Department of
   8-23  Commerce.
   8-24        (c)  This section does not apply when a state employee
   8-25  travels to Mexico, Canada, or a possession of the United States.
    9-1        Sec. 8.  PERSONAL OR COMPENSATORY LEAVE.  A state agency may
    9-2  pay or reimburse a state employee for the travel expenses the
    9-3  employee incurs while on personal or compensatory leave if:
    9-4              (1)  the personal or compensatory leave is used while
    9-5  the employee is away from the employee's designated headquarters;
    9-6              (2)  the primary purpose of the employee being away
    9-7  from the employee's designated headquarters is to conduct official
    9-8  state business; and
    9-9              (3)  the agency determines that returning the employee
   9-10  to the employee's designated headquarters while on personal or
   9-11  compensatory leave would not be cost-effective or would be
   9-12  impracticable.
   9-13        Sec. 9.  SUBMISSION AND AUDIT OF TRAVEL CLAIMS.  (a)  A state
   9-14  agency must submit a travel reimbursement claim on the form that
   9-15  the comptroller requires.  The comptroller may decide by rule the
   9-16  design of the form and the information that a state agency must
   9-17  include on the form.
   9-18        (b)  The comptroller shall audit each travel claim in
   9-19  accordance with Sections 403.011(12), 403.071, and 403.079,
   9-20  Government Code.
   9-21        Sec. 10.  CONFLICTS OF INTEREST.  Unless otherwise authorized
   9-22  by law, a state employee may not accept money or a travel expense
   9-23  reimbursement from a person or entity that the state intends to
   9-24  audit, examine, or investigate or is auditing, examining, or
   9-25  investigating.  A state employee who violates this section shall
   10-1  forfeit the money or travel expense reimbursement to the State of
   10-2  Texas.  The comptroller shall credit the forfeitures to the general
   10-3  revenue fund.
   10-4        Sec. 11.  EXCESS REIMBURSEMENTS.  When a state employee
   10-5  receives a reimbursement of the employee's travel expenses that
   10-6  exceeds the amount the employee is entitled to receive under this
   10-7  article or the General Appropriations Act, the employee shall
   10-8  immediately return the amount of the excess.
   10-9        Sec. 12.  TRAVEL OF PROSPECTIVE STATE EMPLOYEES.  (a)  A
  10-10  state agency may reimburse a prospective state employee for a
  10-11  travel expense incurred while visiting the agency for an interview
  10-12  or other type of employment evaluation if the agency provides
  10-13  advance authorization to the prospective state employee for the
  10-14  visit.
  10-15        (b)  A state agency may pay a vendor for a travel expense
  10-16  incurred by a prospective state employee while visiting the agency
  10-17  for an interview or other type of employment evaluation if the
  10-18  agency provides advance authorization to the prospective state
  10-19  employee for the visit.
  10-20        (c)  A state agency must treat a prospective state employee
  10-21  as though the prospective state employee were a state employee for
  10-22  the purpose of:
  10-23              (1)  determining the amount of a reimbursement or a
  10-24  payment to a vendor; and
  10-25              (2)  all other requirements in this article or the
   11-1  General Appropriations Act regarding a reimbursement or a payment
   11-2  to a vendor.
   11-3        Sec. 13.  RULES.  The comptroller shall adopt rules to
   11-4  facilitate the administration and enforcement of this article and
   11-5  the travel provisions in the General Appropriations Act.
   11-6        SECTION 12.  Subsection (c), Section 3, Article 6826, Revised
   11-7  Statutes, is amended to read as follows:
   11-8        (c)  In this section, "working day" means a day other than
   11-9  Saturday, Sunday, or a national holiday<, or a state holiday> as
  11-10  listed in the General Appropriations Act or Article 4591.2, Revised
  11-11  Statutes.  A day does not cease to be a national holiday because a
  11-12  state agency maintains or is required to maintain a minimum working
  11-13  staff on the holiday.
  11-14        SECTION 13.  Subsection (a), Section 24.019, Government Code,
  11-15  is amended to read as follows:
  11-16        (a)  A district judge engaged in the discharge of official
  11-17  duties in a county other than the judge's county of residence is
  11-18  entitled to traveling and other necessary expenses, as provided by
  11-19  <the Travel Regulations Act of 1959 (>Article 6823c, Revised
  11-20  <6823a, Vernon's Texas Civil> Statutes<)>.
  11-21        SECTION 14.  Subsection (a), Section 43.004, Government Code,
  11-22  is amended to read as follows:
  11-23        (a)  A district attorney engaged in the discharge of official
  11-24  duties in a county other than the district attorney's county of
  11-25  residence is entitled to traveling and other necessary expenses, as
   12-1  provided by <the Travel Regulations Act of 1959(>Article 6823c,
   12-2  Revised <6823a, Vernon's Texas Civil> Statutes<)>.
   12-3        SECTION 15.  Subsection (c), Section 73.003, Government Code,
   12-4  is amended to read as follows:
   12-5        (c)  If a case is transferred to a court that regularly sits
   12-6  not more than 35 miles from the place the court from which the case
   12-7  was transferred regularly sits, the court, at the discretion of its
   12-8  chief justice and after notice to the parties or their counsel, may
   12-9  hear oral arguments at the place it regularly sits.  For purposes
  12-10  of this subsection, the place where a court of appeals regularly
  12-11  sits is that specified in Subchapter C, Chapter 22, and the mileage
  12-12  between the places is determined by the comptroller under
  12-13  <Subsection c, Section 6, Travel Regulations Act of 1959 (>Article
  12-14  6823c, Revised <6823a, Vernon's Texas Civil> Statutes<)>.
  12-15        SECTION 16.  Subsection (b), Section 403.0165, Government
  12-16  Code, is amended to read as follows:
  12-17        (b)  The comptroller <by rule shall establish an annual
  12-18  transfer authorization period and> shall promulgate rules for
  12-19  transfers by employees to a certified eligible state employee
  12-20  organization.
  12-21        SECTION 17.  Subchapter B, Chapter 403, Government Code, is
  12-22  amended by adding Section 403.022 to read as follows:
  12-23        Sec. 403.022.  RULES.  (a)  The comptroller may adopt rules
  12-24  to interpret, implement, and administer a state statute if:
  12-25              (1)  the statute specifically authorizes or requires
   13-1  the comptroller to interpret, implement, or administer the statute;
   13-2  or
   13-3              (2)  the comptroller determines that the rules are
   13-4  necessary for fulfillment of the comptroller's constitutional or
   13-5  statutory duties.
   13-6        (b)  Subsection (a) does not apply to a state statute if the
   13-7  statute specifically authorizes the comptroller or a state agency
   13-8  to adopt rules to interpret, implement, and administer the statute.
   13-9        SECTION 18.  Subsection (h), Section 40.303, Natural
  13-10  Resources Code, is amended to read as follows:
  13-11        (h)  Appointed members shall not receive compensation for
  13-12  their services but shall receive per diem and expenses for travel
  13-13  while carrying out official business of the council, as provided by
  13-14  the legislature in the General Appropriations Act pursuant to <the
  13-15  Travel Regulation Act of 1959(>Article 6823c, Revised <6823a,
  13-16  Vernon's Texas Civil> Statutes<)>.
  13-17        SECTION 19.  A reference to the Travel Regulations Act of
  13-18  1959 or Article 6823a, Vernon's Texas Civil Statutes, in the
  13-19  General Appropriations Act for the biennium ending August 31, 1995,
  13-20  is a reference to Article 6823c, Revised Statutes.
  13-21        SECTION 20.  This Act takes effect September 1, 1993.
  13-22        SECTION 21.  The importance of this legislation and the
  13-23  crowded condition of the calendars in both houses create an
  13-24  emergency and an imperative public necessity that the
  13-25  constitutional rule requiring bills to be read on three several
   14-1  days in each house be suspended, and this rule is hereby suspended.