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.