S.B. No. 248
                                        AN ACT
    1-1  relating to the adoption of a nonsubstantive revision of statutes
    1-2  relating to areas of government that affect or involve both state
    1-3  and local entities, including the operation of government and
    1-4  governmental bodies, public officers and employees, and fiscal
    1-5  affairs and including conforming amendments, repeals, and
    1-6  penalties.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  ADOPTION OF TITLES 5, 6, AND 10, GOVERNMENT CODE.
    1-9  The Government Code is amended by adding Titles 5, 6, and 10 to
   1-10  read as follows:
   1-11                   TITLE 5.  OPEN GOVERNMENT; ETHICS
   1-12                     SUBTITLE A.  OPEN GOVERNMENT
   1-13  Chapter 551.  OPEN MEETINGS
   1-14  Chapter 552.  OPEN RECORDS
   1-15  Chapter 553.  PUBLIC DISCLOSURE
   1-16  Chapter 554.  PROTECTION FOR REPORTING VIOLATIONS OF LAW
   1-17  Chapter 555.  STATE AGENCY RECORDS RELATING TO
   1-18                  LICENSE HOLDERS
   1-19  Chapter 556.  POLITICAL ACTIVITIES BY STATE EMPLOYEES
   1-20  Chapter 557.  SEDITION, SABOTAGE, AND COMMUNISM
   1-21  Chapter 558.  INTERPRETERS FOR DEAF OR HEARING
   1-22                  IMPAIRED PERSONS
   1-23             (Chapters 559 to 570 reserved for expansion)
   1-24                          SUBTITLE B.  ETHICS
    2-1  Chapter 571.  TEXAS ETHICS COMMISSION
    2-2  Chapter 572.  PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
    2-3                  CONDUCT, AND CONFLICT OF INTEREST
    2-4  Chapter 573.  DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS
    2-5  Chapter 574.  DUAL OFFICE HOLDING
    2-6                   TITLE 5.  OPEN GOVERNMENT; ETHICS
    2-7                     SUBTITLE A.  OPEN GOVERNMENT
    2-8                      CHAPTER 551.  OPEN MEETINGS
    2-9                   SUBCHAPTER A.  GENERAL PROVISIONS
   2-10  Sec. 551.001.  DEFINITIONS
   2-11  Sec. 551.002.  OPEN MEETINGS REQUIREMENT
   2-12  Sec. 551.003.  LEGISLATURE
   2-13  Sec. 551.004.  OPEN MEETINGS REQUIRED BY CHARTER
   2-14         (Sections 551.005 to 551.020 reserved for expansion)
   2-15                 SUBCHAPTER B.  RECORD OF OPEN MEETING
   2-16  Sec. 551.021.  MINUTES OR TAPE RECORDING OF OPEN MEETING
   2-17                   REQUIRED
   2-18  Sec. 551.022.  MINUTES AND TAPE RECORDINGS OF OPEN MEETING:  PUBLIC
   2-19                   RECORD
   2-20  Sec. 551.023.  RECORDING OF MEETING BY PERSON IN ATTENDANCE
   2-21         (Sections 551.024 to 551.040 reserved for expansion)
   2-22                   SUBCHAPTER C.  NOTICE OF MEETINGS
   2-23  Sec. 551.041.  NOTICE OF MEETING REQUIRED
   2-24  Sec. 551.042.  INQUIRY MADE AT MEETING
   2-25  Sec. 551.043.  TIME AND ACCESSIBILITY OF NOTICE;
   2-26                   GENERAL RULE
   2-27  Sec. 551.044.  EXCEPTION TO GENERAL RULE:  GOVERNMENTAL BODY WITH
    3-1                   STATEWIDE JURISDICTION
    3-2  Sec. 551.045.  EXCEPTION TO GENERAL RULE:  NOTICE OF EMERGENCY
    3-3                   MEETING OR EMERGENCY ADDITION TO AGENDA
    3-4  Sec. 551.046.  EXCEPTION TO GENERAL RULE:  COMMITTEE OF
    3-5                   LEGISLATURE
    3-6  Sec. 551.047.  SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING
    3-7                   OR EMERGENCY ADDITION TO AGENDA
    3-8  Sec. 551.048.  STATE GOVERNMENTAL BODY:  NOTICE TO SECRETARY OF
    3-9                   STATE; PLACE OF POSTING NOTICE
   3-10  Sec. 551.049.  COUNTY GOVERNMENTAL BODY:  PLACE OF POSTING
   3-11                   NOTICE
   3-12  Sec. 551.050.  MUNICIPAL GOVERNMENTAL BODY:  PLACE OF POSTING
   3-13                   NOTICE
   3-14  Sec. 551.051.  SCHOOL DISTRICT:  PLACE OF POSTING NOTICE
   3-15  Sec. 551.052.  SCHOOL DISTRICT:  SPECIAL NOTICE
   3-16                   TO NEWS MEDIA
   3-17  Sec. 551.053.  DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO
   3-18                   FOUR OR MORE COUNTIES:  NOTICE TO PUBLIC,
   3-19                   SECRETARY OF STATE, AND COUNTY CLERK; PLACE
   3-20                   OF POSTING NOTICE
   3-21  Sec. 551.054.  DISTRICT OR POLITICAL SUBDIVISION EXTENDING INTO
   3-22                   FEWER THAN FOUR COUNTIES:  NOTICE TO PUBLIC AND
   3-23                   COUNTY CLERKS; PLACE OF POSTING NOTICE
   3-24         (Sections 551.055 to 551.070 reserved for expansion)
   3-25    SUBCHAPTER D.  EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN
   3-26  Sec. 551.071.  CONSULTATION WITH ATTORNEY; CLOSED MEETING
   3-27  Sec. 551.072.  DELIBERATION REGARDING REAL PROPERTY; CLOSED
    4-1                   MEETING
    4-2  Sec. 551.073.  DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED
    4-3                   MEETING
    4-4  Sec. 551.074.  PERSONNEL MATTERS; CLOSED MEETING
    4-5  Sec. 551.075.  CONFERENCE WITH EMPLOYEES; CLOSED MEETING
    4-6  Sec. 551.076.  DELIBERATION REGARDING SECURITY DEVICES; CLOSED
    4-7                   MEETING
    4-8  Sec. 551.077.  AGENCY FINANCED BY FEDERAL GOVERNMENT
    4-9  Sec. 551.078.  MEDICAL BOARD OR MEDICAL COMMITTEE
   4-10  Sec. 551.079.  STATE BOARD OF INSURANCE
   4-11  Sec. 551.080.  BOARD OF PARDONS AND PAROLES
   4-12  Sec. 551.081.  CREDIT UNION COMMISSION
   4-13  Sec. 551.082.  SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES;
   4-14                   DISCIPLINARY MATTER OR COMPLAINT
   4-15  Sec. 551.083.  CERTAIN SCHOOL BOARDS; CLOSED MEETING REGARDING
   4-16                   CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE
   4-17                   GROUP
   4-18  Sec. 551.084.  INVESTIGATION; EXCLUSION OF WITNESS FROM
   4-19                   HEARING
   4-20         (Sections 551.085 to 551.100 reserved for expansion)
   4-21         SUBCHAPTER E.  PROCEDURES RELATING TO CLOSED MEETING
   4-22  Sec. 551.101.  REQUIREMENT TO FIRST CONVENE IN OPEN MEETING
   4-23  Sec. 551.102.  REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN OPEN
   4-24                   MEETING
   4-25  Sec. 551.103.  CERTIFIED AGENDA OR TAPE RECORDING REQUIRED
   4-26  Sec. 551.104.  CERTIFIED AGENDA OR TAPE; PRESERVATION;
   4-27                   DISCLOSURE
    5-1         (Sections 551.105 to 551.120 reserved for expansion)
    5-2         SUBCHAPTER F.  MEETINGS BY TELEPHONE CONFERENCE CALL
    5-3  Sec. 551.121.  GOVERNING BOARD OF INSTITUTION OF HIGHER
    5-4                   EDUCATION
    5-5  Sec. 551.122.  TEXAS HIGH-SPEED RAIL AUTHORITY
    5-6  Sec. 551.123.  TEXAS BOARD OF CRIMINAL JUSTICE
    5-7  Sec. 551.124.  BOARD OF PARDONS AND PAROLES
    5-8         (Sections 551.125 to 551.140 reserved for expansion)
    5-9     SUBCHAPTER G.  ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS
   5-10  Sec. 551.141.  ACTION VOIDABLE
   5-11  Sec. 551.142.  MANDAMUS; INJUNCTION
   5-12  Sec. 551.143.  CONSPIRACY TO CIRCUMVENT CHAPTER; OFFENSE;
   5-13                   PENALTY
   5-14  Sec. 551.144.  CLOSED MEETING; OFFENSE; PENALTY
   5-15  Sec. 551.145.  CLOSED MEETING WITHOUT CERTIFIED AGENDA OR TAPE
   5-16                   RECORDING; OFFENSE; PENALTY
   5-17  Sec. 551.146.  DISCLOSURE OF CERTIFIED AGENDA OR TAPE RECORDING OF
   5-18                   CLOSED MEETING; OFFENSE; PENALTY; CIVIL
   5-19                   LIABILITY
   5-20                   TITLE 5.  OPEN GOVERNMENT; ETHICS
   5-21                     SUBTITLE A.  OPEN GOVERNMENT
   5-22                      CHAPTER 551.  OPEN MEETINGS
   5-23                   SUBCHAPTER A.  GENERAL PROVISIONS
   5-24        Sec. 551.001.  DEFINITIONS.  In this chapter:
   5-25              (1)  "Closed meeting" means a meeting to which the
   5-26  public does not have access.
   5-27              (2)  "Deliberation" means a verbal exchange during a
    6-1  meeting between a quorum of a governmental body, or between a
    6-2  quorum of a governmental body and another person, concerning an
    6-3  issue within the jurisdiction of the governmental body or any
    6-4  public business.
    6-5              (3)  "Governmental body" means:
    6-6                    (A)  a board, commission, department, committee,
    6-7  or agency within the executive or legislative branch of state
    6-8  government that is directed by one or more elected or appointed
    6-9  members;
   6-10                    (B)  a county commissioners court in the state;
   6-11                    (C)  a municipal governing body in the state;
   6-12                    (D)  a deliberative body that has rulemaking or
   6-13  quasi-judicial power and that is classified as a department,
   6-14  agency, or political subdivision of a county or municipality;
   6-15                    (E)  a school district board of trustees;
   6-16                    (F)  a county board of school trustees;
   6-17                    (G)  a county board of education;
   6-18                    (H)  the governing board of a special district
   6-19  created by law; and
   6-20                    (I)  a nonprofit corporation organized under
   6-21  Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933
   6-22  (Article 1434a, Vernon's Texas Civil Statutes), that provides a
   6-23  water supply or wastewater service, or both, and is exempt from ad
   6-24  valorem taxation under Section 11.30, Tax Code.
   6-25              (4)  "Meeting" means a deliberation between a quorum of
   6-26  a governmental body, or between a quorum of a governmental body and
   6-27  another person, during which public business or public policy over
    7-1  which the governmental body has supervision or control is discussed
    7-2  or considered or during which the governmental body takes formal
    7-3  action.  The term does not include the gathering of a quorum of a
    7-4  governmental body at a social function unrelated to the public
    7-5  business that is conducted by the body, or the attendance by a
    7-6  quorum of a governmental body at a regional, state, or national
    7-7  convention or workshop, if formal action is not taken and any
    7-8  discussion of public business is incidental to the social function,
    7-9  convention, or workshop.  The term includes a session of a
   7-10  governmental body.
   7-11              (5)  "Open" means open to the public.
   7-12              (6)  "Quorum" means a majority of a governmental body,
   7-13  unless defined differently by applicable law or rule or the charter
   7-14  of the governmental body.  (V.A.C.S. Art. 6252-17, Sec. 1; New.)
   7-15        Sec. 551.002.  OPEN MEETINGS REQUIREMENT.  Every regular,
   7-16  special, or called meeting of a governmental body shall be open to
   7-17  the public, except as provided by this chapter.  (V.A.C.S. Art.
   7-18  6252-17, Sec. 2(a) (part).)
   7-19        Sec. 551.003.  LEGISLATURE.  In this chapter, the legislature
   7-20  is exercising its powers to adopt rules to prohibit secret meetings
   7-21  of the legislature, committees of the legislature, and other bodies
   7-22  associated with the legislature, except as specifically permitted
   7-23  in the constitution.  (V.A.C.S. Art. 6252-17, Sec. 2(b).)
   7-24        Sec. 551.004.  OPEN MEETINGS REQUIRED BY CHARTER.  This
   7-25  chapter does not authorize a governmental body to close a meeting
   7-26  that a charter of the governmental body:
   7-27              (1)  prohibits from being closed; or
    8-1              (2)  requires to be open.  (V.A.C.S. Art. 6252-17, Sec.
    8-2  2(k).)
    8-3         (Sections 551.005 to 551.020 reserved for expansion)
    8-4                 SUBCHAPTER B.  RECORD OF OPEN MEETING
    8-5        Sec. 551.021.  MINUTES OR TAPE RECORDING OF OPEN MEETING
    8-6  REQUIRED.  (a)  A governmental body shall prepare and keep minutes
    8-7  or make a tape recording of each open meeting of the body.
    8-8        (b)  The minutes must:
    8-9              (1)  state the subject of each deliberation; and
   8-10              (2)  indicate each vote, order, decision, or other
   8-11  action taken.  (V.A.C.S. Art. 6252-17, Sec. 3B (part).)
   8-12        Sec. 551.022.  MINUTES AND TAPE RECORDINGS OF OPEN MEETING:
   8-13  PUBLIC RECORD.  The minutes and tape recordings of an open meeting
   8-14  are public records and shall be available for public inspection and
   8-15  copying on request to the governmental body's chief administrative
   8-16  officer or the officer's designee.  (V.A.C.S. Art. 6252-17, Sec. 3B
   8-17  (part).)
   8-18        Sec. 551.023.  RECORDING OF MEETING BY PERSON IN ATTENDANCE.
   8-19  (a)  A person in attendance may record all or any part of an open
   8-20  meeting of a governmental body by means of a tape recorder, video
   8-21  camera, or other means of aural or visual reproduction.
   8-22        (b)  A governmental body may adopt reasonable rules to
   8-23  maintain order at a meeting, including rules relating to:
   8-24              (1)  the location of recording equipment; and
   8-25              (2)  the manner in which the recording is conducted.
   8-26        (c)  A rule adopted under Subsection (b) may not prevent or
   8-27  unreasonably impair a person from exercising a right granted under
    9-1  Subsection (a).  (V.A.C.S. Art. 6252-17, Sec. 2(i).)
    9-2         (Sections 551.024 to 551.040 reserved for expansion)
    9-3                   SUBCHAPTER C.  NOTICE OF MEETINGS
    9-4        Sec. 551.041.  NOTICE OF MEETING REQUIRED.  A governmental
    9-5  body shall give written notice of the date, hour, place, and
    9-6  subject of each meeting held by the governmental body.  (V.A.C.S.
    9-7  Art. 6252-17, Sec. 3A(a) (part).)
    9-8        Sec. 551.042.  INQUIRY MADE AT MEETING.  (a)  If, at a
    9-9  meeting of a governmental body, a member of the public or of the
   9-10  governmental body inquires about a subject for which notice has not
   9-11  been given as required by this subchapter, the notice provisions of
   9-12  this subchapter do not apply to:
   9-13              (1)  a statement of specific factual information given
   9-14  in response to the inquiry; or
   9-15              (2)  a recitation of existing policy in response to the
   9-16  inquiry.
   9-17        (b)  Any deliberation of or decision about the subject of the
   9-18  inquiry shall be limited to a proposal to place the subject on the
   9-19  agenda for a subsequent meeting.  (V.A.C.S. Art. 6252-17, Sec.
   9-20  3A(a) (part).)
   9-21        Sec. 551.043.  TIME AND ACCESSIBILITY OF NOTICE; GENERAL
   9-22  RULE.  The notice of a meeting of a governmental body must be
   9-23  posted in a place readily accessible to the general public at all
   9-24  times for at least 72 hours before the scheduled time of the
   9-25  meeting, except as provided by Sections 551.044-551.046.  (V.A.C.S.
   9-26  Art. 6252-17, Secs. 3A(a) (part) and (h) (part).)
   9-27        Sec. 551.044.  EXCEPTION TO GENERAL RULE:  GOVERNMENTAL BODY
   10-1  WITH STATEWIDE JURISDICTION.  (a)  The secretary of state must post
   10-2  notice of a meeting of a state board, commission, department, or
   10-3  officer having statewide jurisdiction for at least seven days
   10-4  before the day of the meeting.
   10-5        (b)  Subsection (a) does not apply to:
   10-6              (1)  the Texas Workers' Compensation Commission; or
   10-7              (2)  the governing board of an institution of higher
   10-8  education.  (V.A.C.S. Art. 6252-17, Sec. 3A(h) (part).)
   10-9        Sec. 551.045.  EXCEPTION TO GENERAL RULE:  NOTICE OF
  10-10  EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA.  (a)  In an
  10-11  emergency or when there is an urgent public necessity, the notice
  10-12  of a meeting or the supplemental notice of a subject added as an
  10-13  item to the agenda for a meeting for which notice has been posted
  10-14  in accordance with this subchapter is sufficient if it is posted
  10-15  for at least two hours before the meeting is convened.
  10-16        (b)  An emergency or an urgent public necessity exists only
  10-17  if immediate action is required of a governmental body because of:
  10-18              (1)  an imminent threat to public health and safety; or
  10-19              (2)  a reasonably unforeseeable situation.
  10-20        (c)  The governmental body shall clearly identify the
  10-21  emergency or urgent public necessity in the notice or supplemental
  10-22  notice under this section.
  10-23        (d)  A person who is designated or authorized to post notice
  10-24  of a meeting by a governmental body under this subchapter shall
  10-25  post the notice taking at face value the governmental body's stated
  10-26  reason for the emergency or urgent public necessity.  (V.A.C.S.
  10-27  Art. 6252-17, Sec. 3A(h) (part).)
   11-1        Sec. 551.046.  EXCEPTION TO GENERAL RULE:  COMMITTEE OF
   11-2  LEGISLATURE.  The notice of a legislative committee meeting shall
   11-3  be as provided by the rules of the house of representatives or of
   11-4  the senate.  (V.A.C.S. Art. 6252-17, Sec. 3A(h) (part).)
   11-5        Sec. 551.047.  SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY
   11-6  MEETING OR EMERGENCY ADDITION TO AGENDA.  (a)  The presiding
   11-7  officer of a governmental body, or the member of a governmental
   11-8  body who calls an emergency meeting of the governmental body or
   11-9  adds an emergency item to the agenda of a meeting of the
  11-10  governmental body, shall notify the news media of the emergency
  11-11  meeting or emergency item as required by this section.
  11-12        (b)  The presiding officer or member is required to notify
  11-13  only those members of the news media that have previously:
  11-14              (1)  filed at the headquarters of the governmental body
  11-15  a request containing all pertinent information for the special
  11-16  notice; and
  11-17              (2)  agreed to reimburse the governmental body for the
  11-18  cost of providing the special notice.
  11-19        (c)  The presiding officer or member shall give the notice by
  11-20  telephone or telegraph.  (V.A.C.S. Art. 6252-17, Sec. 3A(h)
  11-21  (part).)
  11-22        Sec. 551.048.  STATE GOVERNMENTAL BODY:  NOTICE TO SECRETARY
  11-23  OF STATE; PLACE OF POSTING NOTICE.  (a)  A state governmental body
  11-24  shall provide notice of each meeting to the secretary of state.
  11-25        (b)  The secretary of state shall post the notice on a
  11-26  bulletin board at a place convenient to the public in the main
  11-27  office of the secretary of state.  (V.A.C.S. Art. 6252-17, Sec.
   12-1  3A(b).)
   12-2        Sec. 551.049.  COUNTY GOVERNMENTAL BODY:  PLACE OF POSTING
   12-3  NOTICE.  A county governmental body shall post notice of each
   12-4  meeting on a bulletin board at a place convenient to the public in
   12-5  the county courthouse.  (V.A.C.S. Art. 6252-17, Sec. 3A(d).)
   12-6        Sec. 551.050.  MUNICIPAL GOVERNMENTAL BODY:  PLACE OF POSTING
   12-7  NOTICE.  A municipal governmental body shall post notice of each
   12-8  meeting on a bulletin board at a place convenient to the public in
   12-9  the city hall.  (V.A.C.S. Art. 6252-17, Sec. 3A(c).)
  12-10        Sec. 551.051.  SCHOOL DISTRICT:  PLACE OF POSTING NOTICE.  A
  12-11  school district shall post notice of each meeting on a bulletin
  12-12  board at a place convenient to the public in the central
  12-13  administrative office of the district.  (V.A.C.S. Art. 6252-17,
  12-14  Sec. 3A(e) (part).)
  12-15        Sec. 551.052.  SCHOOL DISTRICT:  SPECIAL NOTICE TO NEWS
  12-16  MEDIA.  (a)  A school district shall provide special notice of each
  12-17  meeting to any news media that has:
  12-18              (1)  requested special notice; and
  12-19              (2)  agreed to reimburse the district for the cost of
  12-20  providing the special notice.
  12-21        (b)  The notice shall be by telephone or telegraph.
  12-22  (V.A.C.S. Art. 6252-17, Sec. 3A(e) (part).)
  12-23        Sec. 551.053.  DISTRICT OR POLITICAL SUBDIVISION EXTENDING
  12-24  INTO FOUR OR MORE COUNTIES:  NOTICE TO PUBLIC, SECRETARY OF STATE,
  12-25  AND COUNTY CLERK; PLACE OF POSTING NOTICE.  (a)  The governing body
  12-26  of a water district or other district or political subdivision that
  12-27  extends into four or more counties shall:
   13-1              (1)  post notice of each meeting at a place convenient
   13-2  to the public in the administrative office of the district or
   13-3  political subdivision;
   13-4              (2)  provide notice of each meeting to the secretary of
   13-5  state; and
   13-6              (3)  provide notice of each meeting to the county clerk
   13-7  of the county in which the administrative office of the district or
   13-8  political subdivision is located.
   13-9        (b)  The secretary of state shall post the notice provided
  13-10  under Subsection (a)(2) on a bulletin board at a place convenient
  13-11  to the public in the main office of the secretary of state.
  13-12        (c)  A county clerk shall post the notice provided under
  13-13  Subsection (a)(3) on a bulletin board at a place convenient to the
  13-14  public in the county courthouse.  (V.A.C.S. Art. 6252-17, Sec.
  13-15  3A(f).)
  13-16        Sec. 551.054.  DISTRICT OR POLITICAL SUBDIVISION EXTENDING
  13-17  INTO FEWER THAN FOUR COUNTIES:  NOTICE TO PUBLIC AND COUNTY CLERKS;
  13-18  PLACE OF POSTING NOTICE.  (a)  The governing body of a water
  13-19  district or other district or political subdivision that extends
  13-20  into fewer than four counties shall:
  13-21              (1)  post notice of each meeting at a place convenient
  13-22  to the public in the administrative office of the district or
  13-23  political subdivision; and
  13-24              (2)  provide notice of each meeting to the county clerk
  13-25  of each county in which the district or political subdivision is
  13-26  located.
  13-27        (b)  A county clerk shall post the notice provided under
   14-1  Subsection (a)(2) on a bulletin board at a place convenient to the
   14-2  public in the county courthouse.  (V.A.C.S. Art. 6252-17, Sec.
   14-3  3A(g).)
   14-4         (Sections 551.055 to 551.070 reserved for expansion)
   14-5    SUBCHAPTER D.  EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN
   14-6        Sec. 551.071.  CONSULTATION WITH ATTORNEY; CLOSED MEETING.  A
   14-7  governmental body may not conduct a private consultation with its
   14-8  attorney except:
   14-9              (1)  when the governmental body seeks the advice of its
  14-10  attorney about:
  14-11                    (A)  pending or contemplated litigation; or
  14-12                    (B)  a settlement offer; or
  14-13              (2)  on a matter in which the duty of the attorney to
  14-14  the governmental body under the Texas Disciplinary Rules of
  14-15  Professional Conduct of the State Bar of Texas clearly conflicts
  14-16  with this chapter.  (V.A.C.S. Art. 6252-17, Sec. 2(e).)
  14-17        Sec. 551.072.  DELIBERATION REGARDING REAL PROPERTY; CLOSED
  14-18  MEETING.  A governmental body may conduct a closed meeting to
  14-19  deliberate the purchase, exchange, lease, or value of real property
  14-20  if deliberation in an open meeting would have a detrimental effect
  14-21  on the position of the governmental body in negotiations with a
  14-22  third person.  (V.A.C.S. Art. 6252-17, Sec. 2(f) (part).)
  14-23        Sec. 551.073.  DELIBERATION REGARDING PROSPECTIVE GIFT;
  14-24  CLOSED MEETING.  A governmental body may conduct a closed meeting
  14-25  to deliberate a negotiated contract for a prospective gift or
  14-26  donation to the state or the governmental body if deliberation in
  14-27  an open meeting would have a detrimental effect on the position of
   15-1  the governmental body in negotiations with a third person.
   15-2  (V.A.C.S. Art. 6252-17, Sec. 2(f) (part).)
   15-3        Sec. 551.074.  PERSONNEL MATTERS; CLOSED MEETING.  (a)  This
   15-4  chapter does not require a governmental body to conduct an open
   15-5  meeting:
   15-6              (1)  to deliberate the appointment, employment,
   15-7  evaluation, reassignment, duties, discipline, or dismissal of a
   15-8  public officer or employee; or
   15-9              (2)  to hear a complaint or charge against an officer
  15-10  or employee.
  15-11        (b)  Subsection (a) does not apply if the officer or employee
  15-12  who is the subject of the deliberation or hearing requests a public
  15-13  hearing.  (V.A.C.S. Art. 6252-17, Sec. 2(g).)
  15-14        Sec. 551.075.  CONFERENCE WITH EMPLOYEES; CLOSED MEETING.
  15-15  (a)  This chapter does not require a governmental body to confer
  15-16  with one or more employees of the governmental body in an open
  15-17  meeting if the only purpose of the conference is to:
  15-18              (1)  receive information from the employees; or
  15-19              (2)  question the employees.
  15-20        (b)  During a conference under Subsection (a), members of the
  15-21  governmental body may not deliberate public business or agency
  15-22  policy that affects public business.  (V.A.C.S. Art. 6252-17, Sec.
  15-23  2(r), as added by Sec. 2, Ch. 549, Acts of the 70th Leg., R.S.,
  15-24  1987.)
  15-25        Sec. 551.076.  DELIBERATION REGARDING SECURITY DEVICES;
  15-26  CLOSED MEETING.  This chapter does not require a governmental body
  15-27  to conduct an open meeting to deliberate the deployment, or
   16-1  specific occasions for implementation, of security personnel or
   16-2  devices.  (V.A.C.S. Art. 6252-17, Sec. 2(j).)
   16-3        Sec. 551.077.  AGENCY FINANCED BY FEDERAL GOVERNMENT.  This
   16-4  chapter does not require an agency financed entirely by federal
   16-5  money to conduct an open meeting.  (V.A.C.S. Art. 6252-17, Sec.
   16-6  2(n).)
   16-7        Sec. 551.078.  MEDICAL BOARD OR MEDICAL COMMITTEE.  This
   16-8  chapter does not require a medical board or medical committee to
   16-9  conduct an open meeting to deliberate the medical or psychiatric
  16-10  records of an individual applicant for a disability benefit from a
  16-11  public retirement system.  (V.A.C.S. Art. 6252-17, Sec. 2(o).)
  16-12        Sec. 551.079.  STATE BOARD OF INSURANCE.  (a)  The
  16-13  requirements of this chapter do not apply to a meeting of the State
  16-14  Board of Insurance in the discharge of responsibilities to regulate
  16-15  and maintain the solvency of a person regulated by the board.
  16-16        (b)  The board may deliberate and determine the appropriate
  16-17  action to be taken concerning the solvency of a person regulated by
  16-18  the board in a closed meeting with persons in one or more of the
  16-19  following categories:
  16-20              (1)  staff of the board;
  16-21              (2)  a regulated person; or
  16-22              (3)  representatives of a regulated person.  (V.A.C.S.
  16-23  Art. 6252-17, Sec. 2(q).)
  16-24        Sec. 551.080.  BOARD OF PARDONS AND PAROLES.  This chapter
  16-25  does not require the Board of Pardons and Paroles to conduct an
  16-26  open meeting to interview or counsel an inmate of a facility of the
  16-27  institutional division of the Texas Department of Criminal Justice.
   17-1  (V.A.C.S. Art. 6252-17, Sec. 2(p).)
   17-2        Sec. 551.081.  CREDIT UNION COMMISSION.  This chapter does
   17-3  not require the Credit Union Commission to conduct an open meeting
   17-4  to deliberate a matter made confidential by law.  (V.A.C.S. Art.
   17-5  6252-17, Sec. 2(t).)
   17-6        Sec. 551.082.  SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES;
   17-7  DISCIPLINARY MATTER OR COMPLAINT.  (a)  This chapter does not
   17-8  require a school board to conduct an open meeting to deliberate in
   17-9  a case:
  17-10              (1)  involving discipline of a public school child; or
  17-11              (2)  in which a complaint or charge is brought against
  17-12  an employee of the school district by another employee and the
  17-13  complaint or charge directly results in a need for a hearing.
  17-14        (b)  Subsection (a) does not apply if an open hearing is
  17-15  requested in writing by a parent or guardian of the child or by the
  17-16  employee against whom the complaint or charge is brought.
  17-17  (V.A.C.S. Art. 6252-17, Sec. 2(h).)
  17-18        Sec. 551.083.  CERTAIN SCHOOL BOARDS; CLOSED MEETING
  17-19  REGARDING CONSULTATION WITH REPRESENTATIVE OF EMPLOYEE GROUP.  This
  17-20  chapter does not require a school board operating under a
  17-21  consultation agreement authorized by Section 13.901, Education
  17-22  Code, to conduct an open meeting to deliberate the standards,
  17-23  guidelines, terms, or conditions the board will follow, or instruct
  17-24  its representatives to follow, in a consultation with a
  17-25  representative of an employee group.  (V.A.C.S. Art. 6252-17, Sec.
  17-26  2(m).)
  17-27        Sec. 551.084.  INVESTIGATION; EXCLUSION OF WITNESS FROM
   18-1  HEARING.  A governmental body that is investigating a matter may
   18-2  exclude a witness from a hearing during the examination of another
   18-3  witness in the investigation.  (V.A.C.S. Art. 6252-17, Sec. 2(c).)
   18-4         (Sections 551.085 to 551.100 reserved for expansion)
   18-5         SUBCHAPTER E.  PROCEDURES RELATING TO CLOSED MEETING
   18-6        Sec. 551.101.  REQUIREMENT TO FIRST CONVENE IN OPEN MEETING.
   18-7  If a closed meeting is allowed under this chapter, a governmental
   18-8  body may not conduct the closed meeting unless a quorum of the
   18-9  governmental body first convenes in an open meeting for which
  18-10  notice has been given as provided by this chapter and during which
  18-11  the presiding officer publicly:
  18-12              (1)  announces that a closed meeting will be held; and
  18-13              (2)  identifies the section or sections of this chapter
  18-14  under which the closed meeting is held.  (V.A.C.S. Art. 6252-17,
  18-15  Sec. 2(a) (part).)
  18-16        Sec. 551.102.  REQUIREMENT TO VOTE OR TAKE FINAL ACTION IN
  18-17  OPEN MEETING.  A final action, decision, or vote on a matter
  18-18  deliberated in a closed meeting under this chapter may only be made
  18-19  in an open meeting that is held in compliance with the notice
  18-20  provisions of this chapter.  (V.A.C.S. Art. 6252-17, Sec. 2(l).)
  18-21        Sec. 551.103.  CERTIFIED AGENDA OR TAPE RECORDING REQUIRED.
  18-22  (a)  A governmental body shall either keep a certified agenda or
  18-23  make a tape recording of the proceedings of each closed meeting,
  18-24  except for a private consultation permitted under Section 551.071.
  18-25        (b)  The presiding officer shall certify that an agenda kept
  18-26  under Subsection (a) is a true and correct record of the
  18-27  proceedings.
   19-1        (c)  The certified agenda must include:
   19-2              (1)  a statement of the subject matter of each
   19-3  deliberation;
   19-4              (2)  a record of any further action taken; and
   19-5              (3)  an announcement by the presiding officer at the
   19-6  beginning and the end of the meeting indicating the date and time.
   19-7        (d)  A tape recording made under Subsection (a) must include
   19-8  announcements by the presiding officer at the beginning and the end
   19-9  of the meeting indicating the date and time.  (V.A.C.S. Art.
  19-10  6252-17, Secs. 2A(a), (b), (c) (part), (d).)
  19-11        Sec. 551.104.  CERTIFIED AGENDA OR TAPE; PRESERVATION;
  19-12  DISCLOSURE.  (a)  A governmental body shall preserve the certified
  19-13  agenda or tape recording of a closed meeting for at least two years
  19-14  after the date of the meeting.  If an action involving the meeting
  19-15  is brought within that period, the governmental body shall preserve
  19-16  the certified agenda or tape while the action is pending.
  19-17        (b)  In litigation in a district court involving an alleged
  19-18  violation of this chapter, the court:
  19-19              (1)  is entitled to make an in camera inspection of the
  19-20  certified agenda or tape;
  19-21              (2)  may admit all or part of the certified agenda or
  19-22  tape as evidence, on entry of a final judgment; and
  19-23              (3)  may grant legal or equitable relief it considers
  19-24  appropriate, including an order that the governmental body make
  19-25  available to the public the certified agenda or tape of any part of
  19-26  a meeting that was required to be open under this chapter.
  19-27        (c)  The certified agenda or tape of a closed meeting is
   20-1  available for public inspection and copying only under a court
   20-2  order issued under Subsection (b)(3).  (V.A.C.S. Art. 6252-17,
   20-3  Secs. 2A(c) (part), (e), (f).)
   20-4         (Sections 551.105 to 551.120 reserved for expansion)
   20-5         SUBCHAPTER F.  MEETINGS BY TELEPHONE CONFERENCE CALL
   20-6        Sec. 551.121.  GOVERNING BOARD OF INSTITUTION OF HIGHER
   20-7  EDUCATION.  (a)  In this section, "governing board," "institution
   20-8  of higher education," and "university system" have the meanings
   20-9  assigned by Section 61.003, Education Code.
  20-10        (b)  This chapter does not prohibit the governing board of an
  20-11  institution of higher education from holding an open or closed
  20-12  meeting by telephone conference call.
  20-13        (c)  A meeting held by telephone conference call may be held
  20-14  only if:
  20-15              (1)  the meeting is a special called meeting and
  20-16  immediate action is required; and
  20-17              (2)  the convening at one location of a quorum of the
  20-18  governing board is difficult or impossible.
  20-19        (d)  The telephone conference call meeting is subject to the
  20-20  notice requirements applicable to other meetings.
  20-21        (e)  The notice of the telephone conference call meeting must
  20-22  specify as the location of the meeting the location where meetings
  20-23  of the governing board are usually held.  For a meeting of the
  20-24  governing board of a university system, the notice must specify as
  20-25  the location of the meeting the board's conference room at the
  20-26  university system office.
  20-27        (f)  Each part of the telephone conference call meeting that
   21-1  is required to be open to the public shall be audible to the public
   21-2  at the location specified in the notice of the meeting as the
   21-3  location of the meeting and shall be tape recorded.  The tape
   21-4  recording shall be made available to the public.  (V.A.C.S. Art.
   21-5  6252-17, Sec. 2(r), as added by Sec. 4, Ch. 964, Acts of the 70th
   21-6  Leg., R.S., 1987; New.)
   21-7        Sec. 551.122.  TEXAS HIGH-SPEED RAIL AUTHORITY.  The Texas
   21-8  High-Speed Rail Authority may conduct an open or closed meeting by
   21-9  telephone conference call using the procedures described in Section
  21-10  551.121.  (V.A.C.S. Art. 6674v.2, Sec. 5(c).)
  21-11        Sec. 551.123.  TEXAS BOARD OF CRIMINAL JUSTICE.  (a)  The
  21-12  Texas Board of Criminal Justice may hold an open or closed
  21-13  emergency meeting by telephone conference call.
  21-14        (b)  The portion of the telephone conference call meeting
  21-15  that is open shall be recorded.  The recording shall be made
  21-16  available to be heard by the public at one or more places
  21-17  designated by the board.  (Government Code, Sec. 492.006(c).)
  21-18        Sec. 551.124.  BOARD OF PARDONS AND PAROLES.  At the call of
  21-19  the presiding officer of the Board of Pardons and Paroles, the
  21-20  board may hold a hearing on clemency matters by telephone
  21-21  conference call.  The portion of a meeting that is public is
  21-22  subject to the provisions of Section 7(f), Article 42.18, Code of
  21-23  Criminal Procedure.  (Code of Criminal Procedure, Art. 42.18, Sec.
  21-24  7(f) (part); New.)
  21-25         (Sections 551.125 to 551.140 reserved for expansion)
  21-26     SUBCHAPTER G.  ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS
  21-27        Sec. 551.141.  ACTION VOIDABLE.  An action taken by a
   22-1  governmental body in violation of this chapter is voidable.
   22-2  (V.A.C.S. Art. 6252-17, Sec. 3(a) (part).)
   22-3        Sec. 551.142.  MANDAMUS; INJUNCTION.  (a)  An interested
   22-4  person, including a member of the news media, may bring an action
   22-5  by mandamus or injunction to stop, prevent, or reverse a violation
   22-6  or threatened violation of this chapter by members of a
   22-7  governmental body.
   22-8        (b)  The court may assess costs of litigation and reasonable
   22-9  attorney fees incurred by a plaintiff or defendant who
  22-10  substantially prevails in an action under Subsection (a).  In
  22-11  exercising its discretion, the court shall consider whether the
  22-12  action was brought in good faith and whether the conduct of the
  22-13  governmental body had a reasonable basis in law.  (V.A.C.S. Art.
  22-14  6252-17, Sec. 3(a) (part), (b).)
  22-15        Sec. 551.143.  CONSPIRACY TO CIRCUMVENT CHAPTER; OFFENSE;
  22-16  PENALTY.  (a)  A member or group of members of a governmental body
  22-17  commits an offense if the member or group of members knowingly
  22-18  conspires to circumvent this chapter by meeting in numbers less
  22-19  than a quorum for the purpose of secret deliberations in violation
  22-20  of this chapter.
  22-21        (b)  An offense under Subsection (a) is a misdemeanor
  22-22  punishable by:
  22-23              (1)  a fine of not less than $100 or more than $500;
  22-24              (2)  confinement in the county jail for not less than
  22-25  one month or more than six months; or
  22-26              (3)  both the fine and confinement.  (V.A.C.S. Art.
  22-27  6252-17, Sec. 4(b).)
   23-1        Sec. 551.144.  CLOSED MEETING; OFFENSE; PENALTY.  (a)  A
   23-2  member of a governmental body commits an offense if a closed
   23-3  meeting is not permitted under this chapter and the member
   23-4  knowingly:
   23-5              (1)  calls or aids in calling or organizing the closed
   23-6  meeting, whether it is a special or called closed meeting;
   23-7              (2)  closes or aids in closing the meeting to the
   23-8  public, if it is a regular meeting; or
   23-9              (3)  participates in the closed meeting, whether it is
  23-10  a regular, special, or called meeting.
  23-11        (b)  An offense under Subsection (a) is a misdemeanor
  23-12  punishable by:
  23-13              (1)  a fine of not less than $100 or more than $500;
  23-14              (2)  confinement in the county jail for not less than
  23-15  one month or more than six months; or
  23-16              (3)  both the fine and confinement.  (V.A.C.S. Art.
  23-17  6252-17, Sec. 4(a).)
  23-18        Sec. 551.145.  CLOSED MEETING WITHOUT CERTIFIED AGENDA OR
  23-19  TAPE RECORDING; OFFENSE; PENALTY.  (a)  A member of a governmental
  23-20  body commits an offense if the member participates in a closed
  23-21  meeting of the governmental body knowing that a certified agenda of
  23-22  the closed meeting is not being kept or that a tape recording of
  23-23  the closed meeting is not being made.
  23-24        (b)  An offense under Subsection (a) is a Class C
  23-25  misdemeanor.  (V.A.C.S. Art. 6252-17, Sec. 2A(g).)
  23-26        Sec. 551.146.  DISCLOSURE OF CERTIFIED AGENDA OR TAPE
  23-27  RECORDING OF CLOSED MEETING; OFFENSE; PENALTY; CIVIL LIABILITY.
   24-1  (a)  An individual, corporation, or partnership that without lawful
   24-2  authority knowingly discloses to a member of the public the
   24-3  certified agenda or tape recording of a meeting that was lawfully
   24-4  closed to the public under this chapter:
   24-5              (1)  commits an offense; and
   24-6              (2)  is liable to a person injured or damaged by the
   24-7  disclosure for:
   24-8                    (A)  actual damages, including damages for
   24-9  personal injury or damage, lost wages, defamation, or mental or
  24-10  other emotional distress;
  24-11                    (B)  reasonable attorney fees and court costs;
  24-12  and
  24-13                    (C)  at the discretion of the trier of fact,
  24-14  exemplary damages.
  24-15        (b)  An offense under Subsection (a)(1) is a Class B
  24-16  misdemeanor.
  24-17        (c)  It is a defense to prosecution under Subsection (a)(1)
  24-18  and an affirmative defense to a civil action under Subsection
  24-19  (a)(2) that:
  24-20              (1)  the defendant had good reason to believe the
  24-21  disclosure was lawful; or
  24-22              (2)  the disclosure was the result of a mistake of fact
  24-23  concerning the nature or content of the certified agenda or tape
  24-24  recording.  (V.A.C.S. Art. 6252-17, Secs. 2A(h), (i), (j).)
  24-25                      CHAPTER 552.  OPEN RECORDS
  24-26                   SUBCHAPTER A.  GENERAL PROVISIONS
  24-27  Sec. 552.001.  POLICY; CONSTRUCTION
   25-1  Sec. 552.002.  DEFINITION OF PUBLIC RECORD
   25-2  Sec. 552.003.  DEFINITION OF GOVERNMENTAL BODY
   25-3  Sec. 552.004.  PRESERVATION OF RECORDS
   25-4  Sec. 552.005.  EFFECT OF CHAPTER ON SCOPE OF CIVIL
   25-5                   DISCOVERY
   25-6  Sec. 552.006.  EFFECT OF CHAPTER ON WITHHOLDING INFORMATION
   25-7  Sec. 552.007.  VOLUNTARY DISCLOSURE OF CERTAIN RECORDS WHEN
   25-8                   DISCLOSURE NOT REQUIRED
   25-9  Sec. 552.008.  INFORMATION FOR LEGISLATIVE PURPOSES
  25-10         (Sections 552.009 to 552.020 reserved for expansion)
  25-11         SUBCHAPTER B.  RIGHT OF ACCESS TO PUBLIC INFORMATION
  25-12  Sec. 552.021.  PUBLIC INFORMATION
  25-13  Sec. 552.022.  CATEGORIES OF PUBLIC INFORMATION; EXAMPLES
  25-14  Sec. 552.023.  SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL
  25-15                   INFORMATION
  25-16  Sec. 552.024.  ELECTING TO DISCLOSE ADDRESS AND TELEPHONE
  25-17                   NUMBER
  25-18  Sec. 552.025.  TAX RULINGS AND OPINIONS
  25-19  Sec. 552.026.  EDUCATION RECORDS
  25-20         (Sections 552.027 to 552.100 reserved for expansion)
  25-21     SUBCHAPTER C.  INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE
  25-22  Sec. 552.101.  EXCEPTION:  CONFIDENTIAL INFORMATION
  25-23  Sec. 552.102.  EXCEPTION:  PERSONNEL INFORMATION
  25-24  Sec. 552.103.  EXCEPTION:  LITIGATION OR SETTLEMENT NEGOTIATIONS
  25-25                   INVOLVING THE STATE OR A POLITICAL
  25-26                   SUBDIVISION
  25-27  Sec. 552.104.  EXCEPTION:  INFORMATION RELATED TO COMPETITION
   26-1                   OR BIDDING
   26-2  Sec. 552.105.  EXCEPTION:  INFORMATION RELATED TO LOCATION
   26-3                   OR PRICE OF PROPERTY
   26-4  Sec. 552.106.  EXCEPTION:  CERTAIN LEGISLATIVE DOCUMENTS
   26-5  Sec. 552.107.  EXCEPTION:  CERTAIN LEGAL MATTERS
   26-6  Sec. 552.108.  EXCEPTION:  CERTAIN LAW ENFORCEMENT AND
   26-7                   PROSECUTORIAL RECORDS
   26-8  Sec. 552.109.  EXCEPTION:  CERTAIN PRIVATE COMMUNICATIONS OF
   26-9                   AN ELECTED OFFICE HOLDER
  26-10  Sec. 552.110.  EXCEPTION:  TRADE SECRETS, COMMERCIAL INFORMATION,
  26-11                   OR FINANCIAL INFORMATION
  26-12  Sec. 552.111.  EXCEPTION:  AGENCY MEMORANDA
  26-13  Sec. 552.112.  EXCEPTION:  CERTAIN INFORMATION RELATING TO
  26-14                   REGULATION OF FINANCIAL INSTITUTIONS OR
  26-15                   SECURITIES
  26-16  Sec. 552.113.  EXCEPTION:  GEOLOGICAL OR GEOPHYSICAL
  26-17                   INFORMATION
  26-18  Sec. 552.114.  EXCEPTION:  STUDENT RECORDS
  26-19  Sec. 552.115.  EXCEPTION:  BIRTH AND DEATH RECORDS
  26-20  Sec. 552.116.  EXCEPTION:  STATE AUDITOR WORKING PAPERS
  26-21  Sec. 552.117.  EXCEPTION:  CERTAIN ADDRESSES, TELEPHONE NUMBERS,
  26-22                   AND SOCIAL SECURITY NUMBERS
  26-23  Sec. 552.118.  EXCEPTION:  TRIPLICATE PRESCRIPTION FORM
  26-24  Sec. 552.119.  EXCEPTION:  PHOTOGRAPH OF PEACE OFFICER OR
  26-25                   CERTAIN SECURITY GUARDS
  26-26  Sec. 552.120.  EXCEPTION:  CERTAIN RARE BOOKS AND ORIGINAL
  26-27                   MANUSCRIPTS
   27-1  Sec. 552.121.  EXCEPTION:  CERTAIN DOCUMENTS HELD FOR HISTORICAL
   27-2                   RESEARCH
   27-3  Sec. 552.122.  EXCEPTION:  CURRICULUM OBJECTIVES AND TEST
   27-4                   ITEMS
   27-5  Sec. 552.123.  EXCEPTION:  NAME OF APPLICANT FOR CHIEF EXECUTIVE
   27-6                   OFFICER OF INSTITUTION OF HIGHER EDUCATION
   27-7         (Sections 552.124 to 552.200 reserved for expansion)
   27-8               SUBCHAPTER D.  OFFICER FOR PUBLIC RECORDS
   27-9  Sec. 552.201.  IDENTITY OF OFFICER FOR PUBLIC RECORDS
  27-10  Sec. 552.202.  DEPARTMENT HEADS
  27-11  Sec. 552.203.  GENERAL DUTIES OF OFFICER FOR PUBLIC RECORDS
  27-12         (Sections 552.204 to 552.220 reserved for expansion)
  27-13              SUBCHAPTER E.  PROCEDURES RELATED TO ACCESS
  27-14  Sec. 552.221.  APPLICATION FOR PUBLIC INFORMATION
  27-15  Sec. 552.222.  PERMISSIBLE INQUIRY OF PERSON APPLYING FOR
  27-16                   INSPECTION OF RECORDS
  27-17  Sec. 552.223.  UNIFORM TREATMENT OF REQUESTS FOR INFORMATION
  27-18  Sec. 552.224.  COMFORT AND FACILITY
  27-19  Sec. 552.225.  TIME FOR EXAMINATION
  27-20  Sec. 552.226.  REMOVAL OF ORIGINAL RECORD
  27-21  Sec. 552.227.  RESEARCH OF STATE LIBRARY HOLDINGS NOT
  27-22                   REQUIRED
  27-23  Sec. 552.228.  PROVIDING SUITABLE COPY OF RECORD WITHIN
  27-24                   REASONABLE TIME
  27-25  Sec. 552.229.  CONSENT TO RELEASE INFORMATION UNDER SPECIAL
  27-26                   RIGHT OF ACCESS
  27-27  Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
   28-1                   RECORDS
   28-2         (Sections 552.231 to 552.260 reserved for expansion)
   28-3                     SUBCHAPTER F.  COST OF COPIES
   28-4  Sec. 552.261.  DETERMINING COST OF COPIES
   28-5  Sec. 552.262.  COST FOR NONSTANDARD RECORDS
   28-6  Sec. 552.263.  BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT FOR
   28-7                   PREPARATION OF PUBLIC RECORDS
   28-8  Sec. 552.264.  COPY OF PUBLIC RECORD REQUESTED BY MEMBER OF
   28-9                   LEGISLATURE
  28-10  Sec. 552.265.  CERTIFIED RECORD PROVIDED BY DISTRICT OR
  28-11                   COUNTY CLERK
  28-12  Sec. 552.266.  COPY OF PUBLIC RECORD PROVIDED BY MUNICIPAL
  28-13                   COURT CLERK
  28-14  Sec. 552.267.  WAIVER OR REDUCTION OF FEE FOR COPY OF
  28-15                   PUBLIC RECORD
  28-16  Sec. 552.268.  EFFICIENT USE OF PUBLIC RECORDS
  28-17  Sec. 552.269.  RECOVERY OF OVERPAYMENT FOR PUBLIC RECORD
  28-18         (Sections 552.270 to 552.300 reserved for expansion)
  28-19               SUBCHAPTER G.  ATTORNEY GENERAL DECISIONS
  28-20  Sec. 552.301.  REQUEST FOR ATTORNEY GENERAL DECISION
  28-21  Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
  28-22                   GENERAL DECISION; PRESUMPTION THAT INFORMATION
  28-23                   IS PUBLIC
  28-24  Sec. 552.303.  DELIVERY OF REQUESTED INFORMATION TO ATTORNEY
  28-25                   GENERAL; DISCLOSURE OF REQUESTED
  28-26                   INFORMATION
  28-27  Sec. 552.304.  SUBMISSION OF PUBLIC COMMENTS
   29-1  Sec. 552.305.  INFORMATION INVOLVING PRIVACY OR PROPERTY
   29-2                   INTERESTS OF THIRD PARTY
   29-3  Sec. 552.306.  RENDITION OF ATTORNEY GENERAL DECISION; ISSUANCE
   29-4                   OF WRITTEN OPINION
   29-5  Sec. 552.307.  SPECIAL RIGHT OF ACCESS; ATTORNEY GENERAL
   29-6                   DECISIONS
   29-7         (Sections 552.308 to 552.320 reserved for expansion)
   29-8                   SUBCHAPTER H.  CIVIL ENFORCEMENT
   29-9  Sec. 552.321.  SUIT FOR WRIT OF MANDAMUS
  29-10  Sec. 552.322.  DISCOVERY OF INFORMATION UNDER PROTECTIVE ORDER
  29-11                   PENDING FINAL DETERMINATION
  29-12  Sec. 552.323.  ASSESSMENT OF COSTS OF LITIGATION AND REASONABLE
  29-13                   ATTORNEY FEES
  29-14         (Sections 552.324 to 552.350 reserved for expansion)
  29-15                  SUBCHAPTER I.  CRIMINAL VIOLATIONS
  29-16  Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
  29-17                   RECORD
  29-18  Sec. 552.352.  DISTRIBUTION OF CONFIDENTIAL INFORMATION
  29-19  Sec. 552.353.  FAILURE OR REFUSAL OF OFFICER FOR PUBLIC RECORDS
  29-20                   TO PROVIDE ACCESS TO OR COPYING OF PUBLIC
  29-21                   RECORD
  29-22                      CHAPTER 552.  OPEN RECORDS
  29-23                   SUBCHAPTER A.  GENERAL PROVISIONS
  29-24        Sec. 552.001.  POLICY; CONSTRUCTION.  (a)  Under the
  29-25  fundamental philosophy of the American constitutional form of
  29-26  representative government that adheres to the principle that
  29-27  government is the servant and not the master of the people, it is
   30-1  the policy of this state that each person is entitled, unless
   30-2  otherwise expressly provided by law, at all times to complete
   30-3  information about the affairs of government and the official acts
   30-4  of public officials and employees.  The people, in delegating
   30-5  authority, do not give their public servants the right to decide
   30-6  what is good for the people to know and what is not good for them
   30-7  to know.  The people insist on remaining informed so that they may
   30-8  retain control over the instruments they have created.  The
   30-9  provisions of this chapter shall be liberally construed to
  30-10  implement this policy.
  30-11        (b)  This chapter shall be liberally construed in favor of
  30-12  granting a request for information.  (V.A.C.S. Art. 6252-17a, Secs.
  30-13  1, 14(d).)
  30-14        Sec. 552.002.  DEFINITION OF PUBLIC RECORD.  "Public record"
  30-15  means the portion of a document, writing, letter, memorandum or
  30-16  other written, printed, typed, copied, or developed material that
  30-17  contains public information.  (V.A.C.S. Art. 6252-17a, Sec. 2
  30-18  (part).)
  30-19        Sec. 552.003.  DEFINITION OF GOVERNMENTAL BODY.  (a)  In this
  30-20  chapter, "governmental body" means:
  30-21              (1)  a board, commission, department, committee,
  30-22  institution, agency, or office that is within or is created by the
  30-23  executive or legislative branch of state government and that is
  30-24  directed by one or more elected or appointed members;
  30-25              (2)  a county commissioners court in the state;
  30-26              (3)  a municipal governing body in the state;
  30-27              (4)  a deliberative body that has rulemaking or
   31-1  quasi-judicial power and that is classified as a department,
   31-2  agency, or political subdivision of a county or municipality;
   31-3              (5)  a school district board of trustees;
   31-4              (6)  a county board of school trustees;
   31-5              (7)  a county board of education;
   31-6              (8)  the governing board of a special district;
   31-7              (9)  the governing body of a nonprofit corporation
   31-8  organized under Chapter 76, Acts of the 43rd Legislature, 1st
   31-9  Called Session, 1933 (Article 1434a, Vernon's Texas Civil
  31-10  Statutes), that provides a water supply or wastewater service, or
  31-11  both, and is exempt from ad valorem taxation under Section 11.30,
  31-12  Tax Code; and
  31-13              (10)  the part, section, or portion of an organization,
  31-14  corporation, commission, committee, institution, or agency that
  31-15  spends or that is supported in whole or in part by public funds.
  31-16        (b)  In this chapter, "governmental body" does not include
  31-17  the judiciary.
  31-18        (c)  In this section, "public funds" means funds of the state
  31-19  or of a governmental subdivision of the state.  (V.A.C.S. Art.
  31-20  6252-17a, Sec. 2 (part).)
  31-21        Sec. 552.004.  PRESERVATION OF RECORDS.  A governmental body
  31-22  or, for records of an elective county office, the elected county
  31-23  officer, may determine a time for which records that are not
  31-24  currently in use will be preserved, subject to state laws governing
  31-25  the destruction and other disposition of state and local government
  31-26  records.  (V.A.C.S. Art. 6252-17a, Sec. 5(a) (part).)
  31-27        Sec. 552.005.  EFFECT OF CHAPTER ON SCOPE OF CIVIL DISCOVERY.
   32-1  (a)  This chapter does not affect the scope of civil discovery
   32-2  under the Texas Rules of Civil Procedure.
   32-3        (b)  Exceptions from disclosure under this chapter do not
   32-4  create new privileges from discovery.  (V.A.C.S. Art. 6252-17a,
   32-5  Sec. 14(f).)
   32-6        Sec. 552.006.  EFFECT OF CHAPTER ON WITHHOLDING INFORMATION.
   32-7  This chapter does not authorize withholding of information or limit
   32-8  the availability of public records to the public, except as
   32-9  expressly provided by this chapter.  (V.A.C.S. Art. 6252-17a, Secs.
  32-10  3(a) (part); 3(b) (part); 14(b).)
  32-11        Sec. 552.007.  VOLUNTARY DISCLOSURE OF CERTAIN RECORDS WHEN
  32-12  DISCLOSURE NOT REQUIRED.  (a)  This chapter does not prohibit a
  32-13  governmental body or its officer for public records from
  32-14  voluntarily making part or all of its records available to the
  32-15  public, unless the disclosure is expressly prohibited by law or the
  32-16  records are confidential under law.
  32-17        (b)  Records made available under Subsection (a) must be made
  32-18  available to any person.  (V.A.C.S. Art. 6252-17a, Secs. 3(c)
  32-19  (part); 14(a).)
  32-20        Sec. 552.008.  INFORMATION FOR LEGISLATIVE PURPOSES.  This
  32-21  chapter does not grant authority to withhold information from
  32-22  individual members or committees of the legislature to use for
  32-23  legislative purposes.  (V.A.C.S. Art. 6252-17a, Secs. 3(b) (part);
  32-24  14(c).)
  32-25         (Sections 552.009 to 552.020 reserved for expansion)
  32-26         SUBCHAPTER B.  RIGHT OF ACCESS TO PUBLIC INFORMATION
  32-27        Sec. 552.021.  PUBLIC INFORMATION.  (a)  Information is
   33-1  public information if, under a law or ordinance or in connection
   33-2  with the transaction of official business, it is collected,
   33-3  assembled, or maintained:
   33-4              (1)  by a governmental body; or
   33-5              (2)  for a governmental body and the governmental body
   33-6  owns the information or has a right of access to it.
   33-7        (b)  Public information is available to the public during
   33-8  normal business hours of the governmental body.  (V.A.C.S. Art.
   33-9  6252-17a, Sec. 3(a) (part).)
  33-10        Sec. 552.022.  CATEGORIES OF PUBLIC INFORMATION; EXAMPLES.
  33-11  Without limiting the meaning of other sections of this chapter, the
  33-12  following categories of information are public information:
  33-13              (1)  a completed report, audit, evaluation, or
  33-14  investigation made of, for, or by a governmental body;
  33-15              (2)  the name, sex, ethnicity, salary, title, and dates
  33-16  of employment of each employee and officer of a governmental body;
  33-17              (3)  information in an account, voucher, or contract
  33-18  relating to the receipt or expenditure of public or other funds by
  33-19  a governmental body, if the information is not otherwise made
  33-20  confidential by law;
  33-21              (4)  the name of each official and the final record of
  33-22  voting on all proceedings in a governmental body;
  33-23              (5)  all working papers, research material, and
  33-24  information used to estimate the need for or expenditure of public
  33-25  funds or taxes by a governmental body, on completion of the
  33-26  estimate;
  33-27              (6)  the name, place of business, and the name of the
   34-1  municipality to which local sales and use taxes are credited, if
   34-2  any, for the named person, of a person reporting or paying sales
   34-3  and use taxes under Chapter 151, Tax Code;
   34-4              (7)  a description of an agency's central and field
   34-5  organization, including:
   34-6                    (A)  the established places at which the public
   34-7  may obtain information, submit information or requests, or obtain
   34-8  decisions;
   34-9                    (B)  the employees from whom the public may
  34-10  obtain information, submit information or requests, or obtain
  34-11  decisions;
  34-12                    (C)  in the case of a uniformed service, the
  34-13  members from whom the public may obtain information, submit
  34-14  information or requests, or obtain decisions; and
  34-15                    (D)  the methods by which the public may obtain
  34-16  information, submit information or requests, or obtain decisions;
  34-17              (8)  a statement of the general course and method by
  34-18  which an agency's functions are channeled and determined, including
  34-19  the nature and requirements of all formal and informal procedures;
  34-20              (9)  a rule of procedure, a description of forms
  34-21  available or the places at which forms may be obtained, and
  34-22  instructions relating to the scope and content of all papers,
  34-23  reports, or examinations;
  34-24              (10)  a substantive rule of general applicability
  34-25  adopted by an agency as authorized by law, and a statement of
  34-26  general policy or interpretation of general applicability
  34-27  formulated and adopted by an agency;
   35-1              (11)  each amendment, revision, or repeal of
   35-2  information described by Subdivisions (7)-(10);
   35-3              (12)  final opinions, including concurring and
   35-4  dissenting opinions, and orders issued in the adjudication of
   35-5  cases;
   35-6              (13)  a policy statement or interpretation that has
   35-7  been adopted by an agency;
   35-8              (14)  administrative staff manuals and instructions to
   35-9  staff that affect a member of the public; and
  35-10              (15)  information regarded as open to the public under
  35-11  an agency's policies.  (V.A.C.S. Art. 6252-17a, Sec. 6.)
  35-12        Sec. 552.023.  SPECIAL RIGHT OF ACCESS TO CONFIDENTIAL
  35-13  INFORMATION.  (a)  A person or a person's authorized representative
  35-14  has a special right of access, beyond the right of the general
  35-15  public, to records and copies of records held by a governmental
  35-16  body that contain information relating to the person that is
  35-17  protected from public disclosure by laws intended to protect that
  35-18  person's privacy interests.
  35-19        (b)  A governmental body may not deny access to information
  35-20  to the person, or the person's representative, to whom the
  35-21  information relates on the grounds that the information is
  35-22  considered confidential by privacy principles under this chapter
  35-23  but may assert as grounds for denial of access other provisions of
  35-24  this chapter or other law that are not intended to protect the
  35-25  person's privacy interests.
  35-26        (c)  A release of information under Subsections (a) and (b)
  35-27  is not an offense under Section 552.352.
   36-1        (d)  A person who receives information under this section may
   36-2  disclose the information to others only to the extent consistent
   36-3  with the authorized purposes for which consent to release the
   36-4  information was obtained.
   36-5        (e)  Access to information under this section shall be
   36-6  provided in the manner prescribed by Sections 552.229 and 552.307.
   36-7  (V.A.C.S. Art. 6252-17a, Secs. 3B(a), (c), (d); New.)
   36-8        Sec. 552.024.  ELECTING TO DISCLOSE ADDRESS AND TELEPHONE
   36-9  NUMBER.  (a)  Each employee or official of a governmental body and
  36-10  each former employee or official of a governmental body shall
  36-11  choose whether to allow public access to the information in the
  36-12  custody of the governmental body relating to the person's home
  36-13  address and home telephone number.
  36-14        (b)  Each employee and official and each former employee and
  36-15  official shall state that person's choice under Subsection (a) to
  36-16  the main personnel officer of the governmental body in a signed
  36-17  writing not later than the 14th day after the date on which:
  36-18              (1)  the employee begins employment with the
  36-19  governmental body;
  36-20              (2)  the official is elected or appointed; or
  36-21              (3)  the former employee or official ends service with
  36-22  the governmental body.
  36-23        (c)  If the employee or official or former employee or
  36-24  official chooses not to allow public access to the information, the
  36-25  information is protected under Subchapter C.
  36-26        (d)  If an employee or official or a former employee or
  36-27  official fails to state the person's choice within the period
   37-1  established by this section, the information is subject to public
   37-2  access.
   37-3        (e)  An employee or official or former employee or official
   37-4  of a governmental body who wishes to close or open public access to
   37-5  the information may request in writing that the main personnel
   37-6  officer of the governmental body close or open access.  (V.A.C.S.
   37-7  Art. 6252-17a, Sec. 3A.)
   37-8        Sec. 552.025.  TAX RULINGS AND OPINIONS.  (a)  A governmental
   37-9  body with taxing authority that issues a written determination
  37-10  letter, technical advice memorandum, or ruling that concerns a tax
  37-11  matter shall index the letter, memorandum, or ruling by subject
  37-12  matter.
  37-13        (b)  On request, the governmental body shall make the index
  37-14  prepared under Subsection (a) and the document itself available to
  37-15  the public, subject to the provisions of this chapter.
  37-16        (c)  Subchapter C does not authorize withholding from the
  37-17  public or limiting the availability to the public of a written
  37-18  determination letter, technical advice memorandum, or ruling that
  37-19  concerns a tax matter and that is issued by a governmental body
  37-20  with taxing authority.  (V.A.C.S. Art. 6252-17a, Secs. 3(f); 6A.)
  37-21        Sec. 552.026.  EDUCATION RECORDS.  This chapter does not
  37-22  require the release of information contained in education records
  37-23  of an educational agency or institution, except in conformity with
  37-24  the Family Educational Rights and Privacy Act of 1974, Sec. 513,
  37-25  Pub. L. No. 93-380, 20 U.S.C. Sec. 1232g.  (V.A.C.S. Art. 6252-17a,
  37-26  Sec. 14(e).)
  37-27         (Sections 552.027 to 552.100 reserved for expansion)
   38-1     SUBCHAPTER C.  INFORMATION EXCEPTED FROM REQUIRED DISCLOSURE
   38-2        Sec. 552.101.  EXCEPTION:  CONFIDENTIAL INFORMATION.
   38-3  Information is excepted from the requirements of Section 552.021 if
   38-4  it is information considered to be confidential by law, either
   38-5  constitutional, statutory, or by judicial decision.  (V.A.C.S. Art.
   38-6  6252-17a, Sec. 3(a) (part).)
   38-7        Sec. 552.102.  EXCEPTION:  PERSONNEL INFORMATION.
   38-8  (a)  Information is excepted from the requirements of Section
   38-9  552.021 if it is information in a personnel file, the disclosure of
  38-10  which would constitute a clearly unwarranted invasion of personal
  38-11  privacy, except that all information in the personnel file of an
  38-12  employee of a governmental body is to be made available to that
  38-13  employee or the employee's designated representative as public
  38-14  information is made available under this chapter.
  38-15        (b)  Information is excepted from the requirements of Section
  38-16  552.021 if it is a transcript from an institution of higher
  38-17  education maintained in the personnel file of a professional public
  38-18  school employee, except that this section does not exempt from
  38-19  disclosure the degree obtained or the curriculum on a transcript in
  38-20  the personnel file of the employee.  (V.A.C.S. Art. 6252-17a, Sec.
  38-21  3(a) (part).)
  38-22        Sec. 552.103.  EXCEPTION:  LITIGATION OR SETTLEMENT
  38-23  NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION.
  38-24  (a)  Information is excepted from the requirements of Section
  38-25  552.021 if it is information:
  38-26              (1)  relating to litigation of a civil or criminal
  38-27  nature or settlement negotiations, to which the state or a
   39-1  political subdivision is or may be a party or to which an officer
   39-2  or employee of the state or a political subdivision, as a
   39-3  consequence of the person's office or employment, is or may be a
   39-4  party; and
   39-5              (2)  that the attorney general or the attorney of the
   39-6  political subdivision has determined should be withheld from public
   39-7  inspection.
   39-8        (b)  For purposes of this section, the state or a political
   39-9  subdivision is considered to be a party to litigation of a criminal
  39-10  nature until the applicable statute of limitations has expired or
  39-11  until the defendant has exhausted all appellate and postconviction
  39-12  remedies in state and federal court.  (V.A.C.S. Art. 6252-17a,
  39-13  Secs. 3(a) (part); 3(e).)
  39-14        Sec. 552.104.  EXCEPTION:  INFORMATION RELATED TO COMPETITION
  39-15  OR BIDDING.  Information is excepted from the requirements of
  39-16  Section 552.021 if it is information that, if released, would give
  39-17  advantage to a competitor or bidder.  (V.A.C.S. Art. 6252-17a, Sec.
  39-18  3(a) (part).)
  39-19        Sec. 552.105.  EXCEPTION:  INFORMATION RELATED TO LOCATION OR
  39-20  PRICE OF PROPERTY.  Information is excepted from the requirements
  39-21  of Section 552.021 if it is information relating to:
  39-22              (1)  the location of real or personal property for a
  39-23  public purpose prior to public announcement of the project; or
  39-24              (2)  appraisals or purchase price of real or personal
  39-25  property for a public purpose prior to the formal award of
  39-26  contracts for the property.  (V.A.C.S. Art. 6252-17a, Sec. 3(a)
  39-27  (part).)
   40-1        Sec. 552.106.  EXCEPTION:  CERTAIN LEGISLATIVE DOCUMENTS.  A
   40-2  draft or working paper involved in the preparation of proposed
   40-3  legislation is excepted from the requirements of Section 552.021.
   40-4  (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
   40-5        Sec. 552.107.  EXCEPTION:  CERTAIN LEGAL MATTERS.
   40-6  Information is excepted from the requirements of Section 552.021
   40-7  if:
   40-8              (1)  it is information that the attorney general or an
   40-9  attorney of a political subdivision is prohibited from disclosing
  40-10  because of a duty to the client under the Rules of the State Bar of
  40-11  Texas; or
  40-12              (2)  a court by order has prohibited disclosure of the
  40-13  information.  (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
  40-14        Sec. 552.108.  EXCEPTION:  CERTAIN LAW ENFORCEMENT AND
  40-15  PROSECUTORIAL RECORDS.  (a)  A record of a law enforcement agency
  40-16  or prosecutor that deals with the detection, investigation, or
  40-17  prosecution of crime is excepted from the requirements of Section
  40-18  552.021.
  40-19        (b)  An internal record or notation of a law enforcement
  40-20  agency or prosecutor that is maintained for internal use in matters
  40-21  relating to law enforcement or prosecution is excepted from the
  40-22  requirements of Section 552.021.  (V.A.C.S. Art. 6252-17a, Sec.
  40-23  3(a) (part).)
  40-24        Sec. 552.109.  EXCEPTION:  CERTAIN PRIVATE COMMUNICATIONS OF
  40-25  AN ELECTED OFFICE HOLDER.  Private correspondence or communications
  40-26  of an elected office holder relating to matters the disclosure of
  40-27  which would constitute an invasion of privacy are excepted from the
   41-1  requirements of Section 552.021.  (V.A.C.S. Art. 6252-17a, Sec.
   41-2  3(a) (part).)
   41-3        Sec. 552.110.  EXCEPTION:  TRADE SECRETS, COMMERCIAL
   41-4  INFORMATION, OR FINANCIAL INFORMATION.  A trade secret or
   41-5  commercial or financial information obtained from a person and
   41-6  privileged or confidential by statute or judicial decision is
   41-7  excepted from the requirements of Section 552.021.  (V.A.C.S. Art.
   41-8  6252-17a, Sec. 3(a) (part).)
   41-9        Sec. 552.111.  EXCEPTION:  AGENCY MEMORANDA.  An interagency
  41-10  or intraagency memorandum or letter that would not be available by
  41-11  law to a party in litigation with the agency is excepted from the
  41-12  requirements of Section 552.021.  (V.A.C.S. Art. 6252-17a, Sec.
  41-13  3(a) (part).)
  41-14        Sec. 552.112.  EXCEPTION:  CERTAIN INFORMATION RELATING TO
  41-15  REGULATION OF FINANCIAL INSTITUTIONS OR SECURITIES.
  41-16  (a)  Information is excepted from the requirements of Section
  41-17  552.021 if it is information contained in or relating to
  41-18  examination, operating, or condition reports prepared by or for an
  41-19  agency responsible for the regulation or supervision of financial
  41-20  institutions or securities, or both.
  41-21        (b)  In this section, "securities" has the meaning assigned
  41-22  by The Securities Act (Article 581-1 et seq., Vernon's Texas Civil
  41-23  Statutes).  (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
  41-24        Sec. 552.113.  EXCEPTION:  GEOLOGICAL OR GEOPHYSICAL
  41-25  INFORMATION.  Information is excepted from the requirements of
  41-26  Section 552.021 if it is:
  41-27              (1)  an electric log confidential under Subchapter M,
   42-1  Chapter 91, Natural Resources Code; or
   42-2              (2)  geological or geophysical information or data,
   42-3  including maps concerning wells, except information filed in
   42-4  connection with an application or proceeding before an agency.
   42-5  (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
   42-6        Sec. 552.114.  EXCEPTION:  STUDENT RECORDS.  (a)  Information
   42-7  is excepted from the requirements of Section 552.021 if it is
   42-8  information in a student record at an educational institution
   42-9  funded wholly or partly by state revenue.
  42-10        (b)  A record under Subsection (a) shall be made available on
  42-11  the request of:
  42-12              (1)  educational institution personnel;
  42-13              (2)  the student involved or the student's parent,
  42-14  legal guardian, or spouse; or
  42-15              (3)  a person conducting a child abuse investigation
  42-16  required by Section 34.05, Family Code.  (V.A.C.S. Art. 6252-17a,
  42-17  Sec. 3(a) (part).)
  42-18        Sec. 552.115.  EXCEPTION:  BIRTH AND DEATH RECORDS.  A birth
  42-19  or death record maintained by the bureau of vital statistics of the
  42-20  Texas Department of Health is excepted from the requirements of
  42-21  Section 552.021, except that:
  42-22              (1)  a birth record is public information and available
  42-23  to the public on and after the 50th anniversary of the date on
  42-24  which the record is filed with the bureau of vital statistics or
  42-25  local registration official; and
  42-26              (2)  a death record is public information and available
  42-27  to the public on and after the 25th anniversary of the date on
   43-1  which the record is filed with the bureau of vital statistics or
   43-2  local registration official.  (V.A.C.S. Art. 6252-17a, Sec. 3(a)
   43-3  (part).)
   43-4        Sec. 552.116.  EXCEPTION:  STATE AUDITOR WORKING PAPERS.  An
   43-5  audit working paper of the state auditor is excepted from the
   43-6  requirements of Section 552.021.  (V.A.C.S. Art. 6252-17a, Sec.
   43-7  3(a) (part).)
   43-8        Sec. 552.117.  EXCEPTION:  CERTAIN ADDRESSES, TELEPHONE
   43-9  NUMBERS, AND SOCIAL SECURITY NUMBERS.  Information is excepted from
  43-10  the requirements of Section 552.021 if it is information relating
  43-11  to:
  43-12              (1)  the home address or home telephone number of:
  43-13                    (A)  a current or former official or employee of
  43-14  a governmental body, except as otherwise provided by Section
  43-15  552.024; or
  43-16                    (B)  a peace officer as defined by Article 2.12,
  43-17  Code of Criminal Procedure, or a security officer commissioned
  43-18  under Section 51.212, Education Code; or
  43-19              (2)  the home address, home telephone number, or social
  43-20  security number of an employee of the Texas Department of Criminal
  43-21  Justice, or the home or employment address or telephone number,
  43-22  name, or social security number of a family member of the employee.
  43-23  (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
  43-24        Sec. 552.118.  EXCEPTION:  TRIPLICATE PRESCRIPTION FORM.
  43-25  Information is excepted from the requirements of Section 552.021 if
  43-26  it is information on or derived from a triplicate prescription form
  43-27  filed with the Department of Public Safety under Section 481.075,
   44-1  Health and Safety Code.  (V.A.C.S. Art. 6252-17a, Sec. 3(a)
   44-2  (part).)
   44-3        Sec. 552.119.  EXCEPTION:  PHOTOGRAPH OF PEACE OFFICER OR
   44-4  CERTAIN SECURITY GUARDS.  (a)  A photograph that depicts a peace
   44-5  officer as defined by Article 2.12, Code of Criminal Procedure, or
   44-6  a security officer commissioned under Section 51.212, Education
   44-7  Code, the release of which would endanger the life or physical
   44-8  safety of the officer, is excepted from the requirements of Section
   44-9  552.021 unless:
  44-10              (1)  the officer is under indictment or charged with an
  44-11  offense by information;
  44-12              (2)  the officer is a party in a fire or police civil
  44-13  service hearing or a case in arbitration; or
  44-14              (3)  the photograph is introduced as evidence in a
  44-15  judicial proceeding.
  44-16        (b)  A photograph exempt from disclosure under Subsection (a)
  44-17  may be made public only if the peace officer or security officer
  44-18  gives written consent to the disclosure.  (V.A.C.S. Art. 6252-17a,
  44-19  Secs. 3(a) (part); 3(c) (part).)
  44-20        Sec. 552.120.  EXCEPTION:  CERTAIN RARE BOOKS AND ORIGINAL
  44-21  MANUSCRIPTS.  A rare book or original manuscript that was not
  44-22  created or maintained in the conduct of official business of a
  44-23  governmental body and that is held by a private or public archival
  44-24  and manuscript repository for the purpose of historical research is
  44-25  excepted from the requirements of Section 552.021.  (V.A.C.S. Art.
  44-26  6252-17a, Sec. 3(a) (part).)
  44-27        Sec. 552.121.  EXCEPTION:  CERTAIN DOCUMENTS HELD FOR
   45-1  HISTORICAL RESEARCH.  An oral history interview, personal paper,
   45-2  unpublished letter, or organizational record of a nongovernmental
   45-3  entity that was not created or maintained in the conduct of
   45-4  official business of a governmental body and that is held by a
   45-5  private or public archival and manuscript repository for the
   45-6  purpose of historical research is excepted from the requirements of
   45-7  Section 552.021 to the extent that the archival and manuscript
   45-8  repository and the donor of the interview, paper, letter, or record
   45-9  agree to limit disclosure of the item.  (V.A.C.S. Art. 6252-17a,
  45-10  Sec. 3(a) (part).)
  45-11        Sec. 552.122.  EXCEPTION:  CURRICULUM OBJECTIVES AND TEST
  45-12  ITEMS.  (a)  A curriculum objective or test item developed by an
  45-13  educational institution that is funded wholly or in part by state
  45-14  revenue is excepted from the requirements of Section 552.021.
  45-15        (b)  A test item developed by a licensing agency or
  45-16  governmental body is excepted from the requirements of Section
  45-17  552.021.  (V.A.C.S. Art. 6252-17a, Sec. 3(a) (part).)
  45-18        Sec. 552.123.  EXCEPTION:  NAME OF APPLICANT FOR CHIEF
  45-19  EXECUTIVE OFFICER OF INSTITUTION OF HIGHER EDUCATION.  The name of
  45-20  an applicant for the position of chief executive officer of an
  45-21  institution of higher education is excepted from the requirements
  45-22  of Section 552.021, except that the governing body of the
  45-23  institution must give public notice of the name or names of the
  45-24  finalists being considered for the position at least 21 days before
  45-25  the date of the meeting at which final action or vote is to be
  45-26  taken on the employment of the person.  (V.A.C.S. Art. 6252-17a,
  45-27  Sec. 3(a)(23).)
   46-1         (Sections 552.124 to 552.200 reserved for expansion)
   46-2               SUBCHAPTER D.  OFFICER FOR PUBLIC RECORDS
   46-3        Sec. 552.201.  IDENTITY OF OFFICER FOR PUBLIC RECORDS.
   46-4  (a)  The chief administrative officer of a governmental body is the
   46-5  officer for public records, except as provided by Subsection (b).
   46-6        (b)  Each elected county officer is the officer for public
   46-7  records and the custodian, as defined by Section 201.003, Local
   46-8  Government Code, of the records created or received by that county
   46-9  officer's office.  (V.A.C.S. Art. 6252-17a, Sec. 5(a) (part).)
  46-10        Sec. 552.202.  DEPARTMENT HEADS.  Each department head is an
  46-11  agent of the officer for public records for the purposes of
  46-12  complying with this chapter.  (V.A.C.S. Art. 6252-17a, Sec. 5(a)
  46-13  (part).)
  46-14        Sec. 552.203.  GENERAL DUTIES OF OFFICER FOR PUBLIC RECORDS.
  46-15  Each officer for public records, subject to penalties provided in
  46-16  this chapter, shall:
  46-17              (1)  make public records available for public
  46-18  inspection and copying;
  46-19              (2)  carefully protect public records from
  46-20  deterioration, alteration, mutilation, loss, or unlawful removal;
  46-21  and
  46-22              (3)  repair, renovate, or rebind public records as
  46-23  necessary to maintain them properly.  (V.A.C.S. Art. 6252-17a, Sec.
  46-24  5(a) (part).)
  46-25         (Sections 552.204 to 552.220 reserved for expansion)
  46-26              SUBCHAPTER E.  PROCEDURES RELATED TO ACCESS
  46-27        Sec. 552.221.  APPLICATION FOR PUBLIC INFORMATION.  (a)  An
   47-1  officer for public records of a governmental body shall promptly
   47-2  produce public information for inspection, duplication, or both, in
   47-3  the offices of the governmental body on application by any person
   47-4  to the officer.
   47-5        (b)  If the requested information is unavailable at the time
   47-6  of the request to examine because it is in active use or in
   47-7  storage, the officer for public records shall certify this fact in
   47-8  writing to the applicant and set a date and hour within a
   47-9  reasonable time when the record will be available for inspection or
  47-10  duplication.  (V.A.C.S. Art. 6252-17a, Sec. 4 (part).)
  47-11        Sec. 552.222.  PERMISSIBLE INQUIRY OF PERSON APPLYING FOR
  47-12  INSPECTION OF RECORDS.  The officer for public records and the
  47-13  officer's agent may not make an inquiry of a person who applies for
  47-14  inspection or copying of a public record except to establish proper
  47-15  identification and the public records requested.  (V.A.C.S. Art.
  47-16  6252-17a, Sec. 5(b) (part).)
  47-17        Sec. 552.223.  UNIFORM TREATMENT OF REQUESTS FOR INFORMATION.
  47-18  The officer for public records or the officer's agent shall treat
  47-19  all requests for information uniformly without regard to the
  47-20  position or occupation of the person making the request, the person
  47-21  on whose behalf the request is made, or the status of the
  47-22  individual as a member of the media.  (V.A.C.S. Art. 6252-17a, Sec.
  47-23  5(c).)
  47-24        Sec. 552.224.  COMFORT AND FACILITY.  The officer for public
  47-25  records or the officer's agent shall give to a person requesting
  47-26  public records all reasonable comfort and facility for the full
  47-27  exercise of the right granted by this chapter.  (V.A.C.S. Art.
   48-1  6252-17a, Sec. 5(b) (part).)
   48-2        Sec. 552.225.  TIME FOR EXAMINATION.  (a)  A person
   48-3  requesting public information must complete the examination of the
   48-4  information not later than the 10th day after the date the
   48-5  custodian of the information makes it available to the person.
   48-6        (b)  The officer for public records shall extend the initial
   48-7  examination period by an additional 10 days if, within the initial
   48-8  period, the person requesting the information files with the
   48-9  officer for public records a written request for additional time.
  48-10  The officer for public records shall extend an additional
  48-11  examination period by another 10 days if, within the additional
  48-12  period, the person requesting the information files with the
  48-13  officer for public records a written request for more additional
  48-14  time.
  48-15        (c)  The time during which a person may examine information
  48-16  may be interrupted by the officer for public records if the
  48-17  information is needed for use by the governmental body.  The period
  48-18  of interruption is not considered to be a part of the time during
  48-19  which the person may examine the information.  (V.A.C.S. Art.
  48-20  6252-17a, Sec. 4A.)
  48-21        Sec. 552.226.  REMOVAL OF ORIGINAL RECORD.  This chapter does
  48-22  not authorize a person to remove an original copy of a public
  48-23  record from the office of a governmental body.  (V.A.C.S. Art.
  48-24  6252-17a, Sec. 4 (part).)
  48-25        Sec. 552.227.  RESEARCH OF STATE LIBRARY HOLDINGS NOT
  48-26  REQUIRED.  An officer for public records or the officer's agent is
  48-27  not required to perform general research within the reference and
   49-1  research archives and holdings of state libraries.  (V.A.C.S. Art.
   49-2  6252-17a, Sec. 3(d).)
   49-3        Sec. 552.228.  PROVIDING SUITABLE COPY OF RECORD WITHIN
   49-4  REASONABLE TIME.  It shall be a policy of a governmental body to
   49-5  provide a suitable copy of a public record within a reasonable time
   49-6  after the date on which the copy is requested.  (V.A.C.S. Art.
   49-7  6252-17a, Sec. 9(c) (part).)
   49-8        Sec. 552.229.  CONSENT TO RELEASE INFORMATION UNDER SPECIAL
   49-9  RIGHT OF ACCESS.  (a)  Consent for the release of information
  49-10  excepted from disclosure to the general public but available to a
  49-11  specific person under Sections 552.023 and 552.307 must be in
  49-12  writing and signed by the specific person or the person's
  49-13  authorized representative.
  49-14        (b)  An individual under 18 years of age may consent to the
  49-15  release of information under this section only with the additional
  49-16  written authorization of the individual's parent or guardian.
  49-17        (c)  An individual who has been adjudicated incompetent to
  49-18  manage the individual's personal affairs or for whom an attorney ad
  49-19  litem has been appointed may consent to the release of information
  49-20  under this section only by the written authorization of the
  49-21  designated legal guardian or attorney ad litem.  (V.A.C.S. Art.
  49-22  6252-17a, Sec. 3B(b).)
  49-23        Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION OF PUBLIC
  49-24  RECORDS.  A governmental body may promulgate reasonable rules of
  49-25  procedure under which public records may be inspected efficiently,
  49-26  safely, and without delay.  (V.A.C.S. Art. 6252-17a, Sec. 13.)
  49-27         (Sections 552.231 to 552.260 reserved for expansion)
   50-1                     SUBCHAPTER F.  COST OF COPIES
   50-2        Sec. 552.261.  DETERMINING COST OF COPIES.  (a)  A
   50-3  governmental body may not charge an excessive amount for
   50-4  noncertified, photographic reproductions of public records
   50-5  comprised of pages that are legal size or smaller.
   50-6        (b)  The cost of obtaining a standard or legal size
   50-7  photographic reproduction shall be an amount that reasonably
   50-8  includes all costs related to reproducing the record, including
   50-9  costs of materials, labor, and overhead, unless the request is for
  50-10  50 or fewer pages of readily available information.
  50-11        (c)  The General Services Commission shall periodically
  50-12  determine guidelines for the actual cost of standard size
  50-13  reproductions and shall periodically publish these cost figures for
  50-14  use by governmental bodies in determining charges under this
  50-15  subchapter.  (V.A.C.S. Art. 6252-17a, Sec. 9(a).)
  50-16        Sec. 552.262.  COST FOR NONSTANDARD RECORDS.  The charge for
  50-17  access to public records that are comprised in a form other than
  50-18  standard or smaller sized pages or that are in computer record
  50-19  banks, microfilm records, or other similar record keeping systems
  50-20  shall be set:
  50-21              (1)  making every effort to match the charge with the
  50-22  actual cost of providing the record;
  50-23              (2)  after consultation between a governmental body's
  50-24  officer for public records and the General Services Commission; and
  50-25              (3)  in an amount that reasonably includes all costs
  50-26  related to providing the record, including costs of materials,
  50-27  labor, and overhead.  (V.A.C.S. Art. 6252-17a, Sec. 9(b).)
   51-1        Sec. 552.263.  BOND FOR PAYMENT OF COSTS OR CASH PREPAYMENT
   51-2  FOR PREPARATION OF PUBLIC RECORDS.  An officer for public records
   51-3  or the officer's agent may require a bond for payment of costs or
   51-4  cash prepayment of anticipated costs for the preparation of a
   51-5  public record if the preparation of the record would be unduly
   51-6  costly and its reproduction would cause undue hardship to the
   51-7  department or agency if the costs were not paid.  (V.A.C.S.
   51-8  Art. 6252-17a, Sec. 11.)
   51-9        Sec. 552.264.  COPY OF PUBLIC RECORD REQUESTED BY MEMBER OF
  51-10  LEGISLATURE.  One copy of a public record that is requested from a
  51-11  state agency by a member of the legislature in the performance of
  51-12  the member's duties shall be provided without charge.  (V.A.C.S.
  51-13  Art. 6252-17a, Sec. 9(e).)
  51-14        Sec. 552.265.  CERTIFIED RECORD PROVIDED BY DISTRICT OR
  51-15  COUNTY CLERK.  The charge for a copy made in a district or county
  51-16  clerk's office may not be more than the actual cost of copies, as
  51-17  provided by Sections 552.261 and 552.262, unless a certified
  51-18  record, the cost of which is set by law, is requested.  (V.A.C.S.
  51-19  Art. 6252-17a, Sec. 9(d).)
  51-20        Sec. 552.266.  COPY OF PUBLIC RECORD PROVIDED BY MUNICIPAL
  51-21  COURT CLERK.  The charge for a copy made by a municipal court clerk
  51-22  shall be the charge provided by municipal ordinance.  (V.A.C.S.
  51-23  Art. 6252-17a, Sec. 9(f).)
  51-24        Sec. 552.267.  WAIVER OR REDUCTION OF FEE FOR COPY OF PUBLIC
  51-25  RECORD.  A governmental body shall furnish public records without
  51-26  charge or at a reduced charge if the governmental body determines
  51-27  that waiver or reduction of the fee is in the public interest
   52-1  because furnishing the information primarily benefits the general
   52-2  public.  (V.A.C.S. Art. 6252-17a, Sec. 9(g).)
   52-3        Sec. 552.268.  EFFICIENT USE OF PUBLIC RECORDS.  A
   52-4  governmental body shall make reasonably efficient use of each page
   52-5  of a public record to avoid excessive reproduction costs.
   52-6  (V.A.C.S. Art. 6252-17a, Sec. 9(c) (part).)
   52-7        Sec. 552.269.  RECOVERY OF OVERPAYMENT FOR PUBLIC RECORD.  A
   52-8  person who overpays for a copy of a public record because a
   52-9  governmental body refuses or fails to provide the copy at the
  52-10  actual cost of reproducing the record as provided by Sections
  52-11  552.261 and 552.262 is entitled to recover three times the amount
  52-12  of the overcharge if the governmental body did not act in good
  52-13  faith in computing the costs.  (V.A.C.S. Art. 6252-17a, Sec. 9(h).)
  52-14         (Sections 552.270 to 552.300 reserved for expansion)
  52-15               SUBCHAPTER G.  ATTORNEY GENERAL DECISIONS
  52-16        Sec. 552.301.  REQUEST FOR ATTORNEY GENERAL DECISION.  (a)  A
  52-17  governmental body that receives a written request for information
  52-18  that it considers to be within one of the exceptions under
  52-19  Subchapter C must ask for a decision from the attorney general
  52-20  about whether the information is within that exception if there has
  52-21  not been a previous determination about whether the information
  52-22  falls within one of the exceptions.  The governmental body must ask
  52-23  for the attorney general's decision within a reasonable time but
  52-24  not later than the 10th calendar day after the date of receiving
  52-25  the written request.
  52-26        (b)  A governmental body that wishes to withhold information
  52-27  must submit written comments stating the reasons why the
   53-1  information should be withheld.  (V.A.C.S. Art. 6252-17a, Secs.
   53-2  7(a) (part), (b) (part).)
   53-3        Sec. 552.302.  FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY
   53-4  GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC.  If a
   53-5  governmental body does not request an attorney general decision as
   53-6  provided by Section 552.301(a), the information requested in
   53-7  writing is presumed to be public information.  (V.A.C.S. Art.
   53-8  6252-17a, Sec. 7(a) (part).)
   53-9        Sec. 552.303.  DELIVERY OF REQUESTED INFORMATION TO ATTORNEY
  53-10  GENERAL; DISCLOSURE OF REQUESTED INFORMATION.  A governmental body
  53-11  that requests an attorney general decision under this subchapter
  53-12  shall supply to the attorney general the specific information
  53-13  requested and shall not disclose the information to the public or
  53-14  to the party requesting the information until the attorney general
  53-15  makes a final determination or, if suit is filed under this
  53-16  chapter, until a final decision has been made by the court with
  53-17  jurisdiction over the suit, except as otherwise provided by Section
  53-18  552.322.  (V.A.C.S. Art. 6252-17a, Sec. 7(b) (part).)
  53-19        Sec. 552.304.  SUBMISSION OF PUBLIC COMMENTS.  A member of
  53-20  the public may submit written comments stating reasons why the
  53-21  information at issue in a request for an attorney general decision
  53-22  should or should not be released.  (V.A.C.S. Art. 6252-17a, Sec.
  53-23  7(b) (part).)
  53-24        Sec. 552.305.  INFORMATION INVOLVING PRIVACY OR PROPERTY
  53-25  INTERESTS OF THIRD PARTY.  (a)  In a case in which information is
  53-26  requested under this chapter and a third party's privacy or
  53-27  property interests may be involved, including a case under Section
   54-1  552.101, 552.104, 552.110, or 552.114, a governmental body may
   54-2  decline to release the information for the purpose of requesting an
   54-3  attorney general decision.
   54-4        (b)  A person whose interests may be involved under
   54-5  Subsection (a), or any other person, may submit in writing to the
   54-6  attorney general the person's reasons why the information should be
   54-7  withheld or released.
   54-8        (c)  The governmental body may, but is not required to,
   54-9  submit its reasons why the information should be withheld or
  54-10  released.  (V.A.C.S. Art. 6252-17a, Sec. 7(c).)
  54-11        Sec. 552.306.  RENDITION OF ATTORNEY GENERAL DECISION;
  54-12  ISSUANCE OF WRITTEN OPINION.  (a)  The attorney general shall
  54-13  promptly render a decision requested under this subchapter,
  54-14  consistent with the standards of due process, determining whether
  54-15  the requested information is a public record or is within one of
  54-16  the exceptions of Subchapter C.
  54-17        (b)  The attorney general shall issue a written opinion of
  54-18  the determination.  (V.A.C.S. Art. 6252-17a, Sec. 7(b) (part).)
  54-19        Sec. 552.307.  SPECIAL RIGHT OF ACCESS; ATTORNEY GENERAL
  54-20  DECISIONS.  (a)  If a governmental body determines that information
  54-21  subject to a special right of access under Section 552.023 is
  54-22  exempt from disclosure under an exception of Subchapter C, other
  54-23  than an exception intended to protect the privacy interest of the
  54-24  requestor or the person whom the requestor is authorized to
  54-25  represent, the governmental body shall, before disclosing the
  54-26  information, submit a written request for a decision to the
  54-27  attorney general under the procedures of this subchapter.
   55-1        (b)  If a decision is not requested under Subsection (a), the
   55-2  governmental body shall release the information to the person with
   55-3  a special right of access under Section 552.023 not later than the
   55-4  10th day after the date of receiving the request for information.
   55-5  (V.A.C.S. Art. 6252-17a, Sec. 3B(e).)
   55-6         (Sections 552.308 to 552.320 reserved for expansion)
   55-7                   SUBCHAPTER H.  CIVIL ENFORCEMENT
   55-8        Sec. 552.321.  SUIT FOR WRIT OF MANDAMUS.  A person
   55-9  requesting information or the attorney general may file suit for a
  55-10  writ of mandamus compelling a governmental body to make information
  55-11  available for public inspection if the governmental body refuses to
  55-12  request an attorney general's decision as provided by Subchapter G
  55-13  or refuses to supply public information or information that the
  55-14  attorney general has determined is a public record.  (V.A.C.S. Art.
  55-15  6252-17a, Sec. 8(a).)
  55-16        Sec. 552.322.  DISCOVERY OF INFORMATION UNDER PROTECTIVE
  55-17  ORDER PENDING FINAL DETERMINATION.  In a suit filed under this
  55-18  chapter, the court may order that the information at issue may be
  55-19  discovered only under a protective order until a final
  55-20  determination is made.  (V.A.C.S. Art. 6252-17a, Sec. 7(b) (part).)
  55-21        Sec. 552.323.  ASSESSMENT OF COSTS OF LITIGATION AND
  55-22  REASONABLE ATTORNEY FEES.  (a)  In an action brought under Section
  55-23  552.321 or Section 552.353(b)(3), the court may assess costs of
  55-24  litigation and reasonable attorney fees incurred by a plaintiff or
  55-25  defendant who substantially prevails.
  55-26        (b)  In exercising its discretion under this section, the
  55-27  court shall consider whether the conduct of the governmental body
   56-1  had a reasonable basis in law and whether the litigation was
   56-2  brought in good faith.  (V.A.C.S. Art. 6252-17a, Sec. 8(b).)
   56-3         (Sections 552.324 to 552.350 reserved for expansion)
   56-4                  SUBCHAPTER I.  CRIMINAL VIOLATIONS
   56-5        Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC
   56-6  RECORD.  (a)  A person commits an offense if the person wilfully
   56-7  destroys, mutilates, removes without permission as provided by this
   56-8  chapter, or alters a public record.
   56-9        (b)  An offense under this section is a misdemeanor
  56-10  punishable by:
  56-11              (1)  a fine of not less than $25 or more than $4,000;
  56-12              (2)  confinement in the county jail for not less than
  56-13  three days or more than three months; or
  56-14              (3)  both the fine and confinement.  (V.A.C.S. Art.
  56-15  6252-17a, Sec. 12.)
  56-16        Sec. 552.352.  DISTRIBUTION OF CONFIDENTIAL INFORMATION.
  56-17  (a)  A person commits an offense if the person distributes
  56-18  information considered confidential under the terms of this
  56-19  chapter.
  56-20        (b)  An offense under this section is a misdemeanor
  56-21  punishable by:
  56-22              (1)  a fine of not more than $1,000;
  56-23              (2)  confinement in the county jail for not more than
  56-24  six months; or
  56-25              (3)  both the fine and confinement.
  56-26        (c)  A violation under this section constitutes official
  56-27  misconduct.  (V.A.C.S. Art. 6252-17a, Secs. 10(a), (f) (part).)
   57-1        Sec. 552.353.  FAILURE OR REFUSAL OF OFFICER FOR PUBLIC
   57-2  RECORDS TO PROVIDE ACCESS TO OR COPYING OF PUBLIC RECORD.  (a)  An
   57-3  officer for public records, or the officer's agent, commits an
   57-4  offense if, with criminal negligence, the officer or the officer's
   57-5  agent fails or refuses to give access to, or to permit or provide
   57-6  copying of, public records to a person on request as provided by
   57-7  this chapter.
   57-8        (b)  It is an affirmative defense to prosecution under
   57-9  Subsection (a) that the officer for public records reasonably
  57-10  believed that public access to the requested records was not
  57-11  required and that the officer:
  57-12              (1)  acted in reasonable reliance on a court order or a
  57-13  written interpretation of this chapter contained in an opinion of a
  57-14  court of record or of the attorney general issued under Subchapter
  57-15  G;
  57-16              (2)  requested a decision from the attorney general in
  57-17  accordance with Subchapter G, and the decision is pending; or
  57-18              (3)  not later than the 10th calendar day after the
  57-19  date of receipt of a decision by the attorney general that the
  57-20  information is public, filed a petition for a declaratory judgment,
  57-21  a writ of mandamus, or both, against the attorney general in a
  57-22  Travis County district court seeking relief from compliance with
  57-23  the decision of the attorney general, and a petition is pending.
  57-24        (c)  It is an affirmative defense to prosecution under
  57-25  Subsection (a)  that a person or entity has, not later than the
  57-26  10th calendar day after the date of receipt by a governmental body
  57-27  of a decision by the attorney general that the information is
   58-1  public, filed a cause of action seeking relief from compliance with
   58-2  the decision of the attorney general, and the cause is pending.
   58-3        (d)  It is an affirmative defense to prosecution under
   58-4  Subsection (a) that the defendant is the agent of an officer for
   58-5  public records and that the agent reasonably relied on the written
   58-6  instruction of the officer for public records not to disclose the
   58-7  public records requested.
   58-8        (e)  An offense under this section is a misdemeanor
   58-9  punishable by:
  58-10              (1)  a fine of not more than $1,000;
  58-11              (2)  confinement in the county jail for not more than
  58-12  six months; or
  58-13              (3)  both the fine and confinement.
  58-14        (f)  A violation under this section constitutes official
  58-15  misconduct.  (V.A.C.S. Art. 6252-17a, Secs. 10(b), (c), (d), (e),
  58-16  (f) (part).)
  58-17                    CHAPTER 553.  PUBLIC DISCLOSURE
  58-18  SUBCHAPTER A.  DISCLOSURE BY PUBLIC SERVANT OF INTEREST IN PROPERTY
  58-19                   TO BE ACQUIRED WITH PUBLIC FUNDS
  58-20  Sec. 553.001.  DEFINITIONS
  58-21  Sec. 553.002.  DISCLOSURE OF INTEREST IN PROPERTY
  58-22  Sec. 553.003.  CRIMINAL PENALTY; PRESUMPTION
  58-23         (Sections 553.004 to 553.020 reserved for expansion)
  58-24  SUBCHAPTER B.  FAILURE BY PUBLIC OFFICER TO PUBLISH LEGAL NOTICE OR
  58-25                          FINANCIAL STATEMENT
  58-26  Sec. 553.021.  DEFINITION
  58-27  Sec. 553.022.  FAILURE TO PUBLISH LEGAL NOTICE OR FINANCIAL
   59-1                   STATEMENT; CIVIL PENALTY
   59-2  Sec. 553.023.  ENFORCEMENT
   59-3                    CHAPTER 553.  PUBLIC DISCLOSURE
   59-4  SUBCHAPTER A.  DISCLOSURE BY PUBLIC SERVANT OF INTEREST IN PROPERTY
   59-5                   TO BE ACQUIRED WITH PUBLIC FUNDS
   59-6        Sec. 553.001.  DEFINITIONS.  In this subchapter:
   59-7              (1)  "Public funds" includes only funds collected by or
   59-8  through a government.
   59-9              (2)  "Public servant" means a person who is elected,
  59-10  appointed, employed, or designated, even if not yet qualified for
  59-11  or having assumed the duties of office, as:
  59-12                    (A)  a candidate for nomination or election to
  59-13  public office; or
  59-14                    (B)  an officer of government.  (V.A.C.S. Art.
  59-15  6252-9e, Secs. (a)(1), (5).)
  59-16        Sec. 553.002.  DISCLOSURE OF INTEREST IN PROPERTY.  (a)  A
  59-17  public servant who has a legal or equitable interest in property
  59-18  that is to be acquired with public funds shall file an affidavit
  59-19  within 10 days before the date on which the property is to be
  59-20  acquired by purchase or condemnation.
  59-21        (b)  The affidavit must:
  59-22              (1)  state the name of the public servant;
  59-23              (2)  state the public servant's office, public title,
  59-24  or job designation;
  59-25              (3)  fully describe the property;
  59-26              (4)  fully describe the nature, type, and amount of
  59-27  interest in the property, including the percentage of ownership
   60-1  interest;
   60-2              (5)  state the date when the person acquired an
   60-3  interest in the property;
   60-4              (6)  include a verification as follows:  "I swear that
   60-5  the information in this affidavit is personally known by me to be
   60-6  correct and contains the information required by Section 553.002,
   60-7  Government Code"; and
   60-8              (7)  contain an acknowledgement of the same type
   60-9  required for recording a deed in the deed records of the county.
  60-10        (c)  The affidavit must be filed with:
  60-11              (1)  the county clerk of the county in which the public
  60-12  servant resides; and
  60-13              (2)  the county clerk of each county in which the
  60-14  property is located.  (V.A.C.S. Art. 6252-9e, Secs. (a)(2), (4);
  60-15  (b) (part); (c) (part).)
  60-16        Sec. 553.003.  CRIMINAL PENALTY; PRESUMPTION.  (a)  A person
  60-17  commits an offense if the person violates Section 553.002 and the
  60-18  person has actual notice of the acquisition or intended acquisition
  60-19  of the legal or equitable interest in the property.
  60-20        (b)  A person who violates Section 553.002 by not filing the
  60-21  affidavit required by that section is presumed to have the intent
  60-22  to commit an offense under this section.
  60-23        (c)  An offense under this section is a Class A misdemeanor.
  60-24  (V.A.C.S. Art. 6252-9e, Secs. (b) (part), (c) (part), (d).)
  60-25         (Sections 553.004 to 553.020 reserved for expansion)
  60-26   SUBCHAPTER B.  FAILURE BY PUBLIC OFFICER TO PUBLISH LEGAL NOTICE
  60-27                        OR FINANCIAL STATEMENT
   61-1        Sec. 553.021.  DEFINITION.  In this subchapter, "public
   61-2  officer" means an officer of the state or of a county,
   61-3  municipality, or school district of the state.  (New.)
   61-4        Sec. 553.022.  FAILURE TO PUBLISH LEGAL NOTICE OR FINANCIAL
   61-5  STATEMENT; CIVIL PENALTY.  (a)  A public officer who is required by
   61-6  law to publish a legal notice or financial statement commits
   61-7  nonfeasance of office if the officer fails to make the publication.
   61-8        (b)  A public officer who commits nonfeasance of office:
   61-9              (1)  is subject to forfeiture of salary for the month
  61-10  in which the notice or statement is not published; and
  61-11              (2)  may be removed from office if the officer wilfully
  61-12  continues to commit nonfeasance of office under Subsection (a).
  61-13  (V.A.C.S. Art. 6252-2, Sec. 1.)
  61-14        Sec. 553.023.  ENFORCEMENT.  (a)  The county or district
  61-15  attorney of the county in which a public officer who commits
  61-16  nonfeasance of office under Section 553.022 resides may file an
  61-17  action to enjoin or recover payment of salary or to remove the
  61-18  person from office.
  61-19        (b)  An action under this section must be filed in the
  61-20  appropriate district court.  (V.A.C.S. Art. 6252-2, Sec. 2.)
  61-21       CHAPTER 554.  PROTECTION FOR REPORTING VIOLATIONS OF LAW
  61-22  Sec. 554.001.  DEFINITIONS
  61-23  Sec. 554.002.  RETALIATION PROHIBITED FOR REPORTING VIOLATION
  61-24                   OF LAW
  61-25  Sec. 554.003.  RELIEF AVAILABLE TO PUBLIC EMPLOYEE
  61-26  Sec. 554.004.  BURDEN OF PROOF; PRESUMPTION
  61-27  Sec. 554.005.  LIMITATION PERIOD
   62-1  Sec. 554.006.  EXHAUSTION OF GRIEVANCE OR APPEAL PROCEDURES
   62-2  Sec. 554.007.  WHERE SUIT BROUGHT
   62-3  Sec. 554.008.  CIVIL PENALTY
   62-4  Sec. 554.009.  NOTICE TO EMPLOYEES
   62-5       CHAPTER 554.  PROTECTION FOR REPORTING VIOLATIONS OF LAW
   62-6        Sec. 554.001.  DEFINITIONS.  In this chapter:
   62-7              (1)  "Law" means:
   62-8                    (A)  a state or federal statute;
   62-9                    (B)  an ordinance of a local governmental body;
  62-10  or
  62-11                    (C)  a rule adopted under a statute or ordinance.
  62-12              (2)  "Local government" means:
  62-13                    (A)  a county;
  62-14                    (B)  a municipality;
  62-15                    (C)  a public school district; or
  62-16                    (D)  a special-purpose district or authority.
  62-17              (3)  "Public employee" means a person other than an
  62-18  independent contractor who, for compensation, performs services for
  62-19  a state or local governmental body under a written or oral
  62-20  contract.
  62-21              (4)  "State agency" means:
  62-22                    (A)  a board, commission, department, office, or
  62-23  other agency in the executive branch of state government, created
  62-24  under the constitution or a statute of the state, including an
  62-25  institution of higher education, as defined by Section 61.003,
  62-26  Education Code;
  62-27                    (B)  the legislature or a legislative agency; or
   63-1                    (C)  the Texas Supreme Court, the Texas Court of
   63-2  Criminal Appeals, a court of appeals, a state judicial agency, or
   63-3  the State Bar of Texas.  (V.A.C.S. Art. 6252-16a, Sec. 1.)
   63-4        Sec. 554.002.  RETALIATION PROHIBITED FOR REPORTING VIOLATION
   63-5  OF LAW.  A state agency or local government may not suspend or
   63-6  terminate the employment of or discriminate against a public
   63-7  employee who in good faith reports a violation of law to an
   63-8  appropriate law enforcement authority.  (V.A.C.S. Art. 6252-16a,
   63-9  Sec. 2.)
  63-10        Sec. 554.003.  RELIEF AVAILABLE TO PUBLIC EMPLOYEE.  (a)  A
  63-11  public employee whose employment is suspended or terminated or who
  63-12  is discriminated against in violation of Section 554.002 is
  63-13  entitled to sue for:
  63-14              (1)  injunctive relief;
  63-15              (2)  actual damages;
  63-16              (3)  exemplary damages;
  63-17              (4)  court costs; and
  63-18              (5)  reasonable attorney fees.
  63-19        (b)  In addition to relief under Subsection (a), a public
  63-20  employee whose employment is suspended or terminated in violation
  63-21  of this chapter is entitled to:
  63-22              (1)  reinstatement to the employee's former position;
  63-23              (2)  compensation for wages lost during the period of
  63-24  suspension or termination; and
  63-25              (3)  reinstatement of fringe benefits and seniority
  63-26  rights lost because of the suspension or termination.  (V.A.C.S.
  63-27  Art. 6252-16a, Secs. 3(a) (part), 4.)
   64-1        Sec. 554.004.  BURDEN OF PROOF; PRESUMPTION.  A public
   64-2  employee who sues under this chapter has the burden of proof,
   64-3  except that if the suspension or termination of a public employee
   64-4  occurs not later than the 90th day after the date on which the
   64-5  employee reports a violation of law, the suspension or termination
   64-6  is presumed, subject to rebuttal, to be because the employee made
   64-7  the report.  (V.A.C.S. Art. 6252-16a, Sec. 3(b).)
   64-8        Sec. 554.005.  LIMITATION PERIOD.  Except as provided by
   64-9  Section 554.006, a public employee who seeks relief under this
  64-10  chapter must sue not later than the 90th day after the date on
  64-11  which the alleged violation of this chapter:
  64-12              (1)  occurred; or
  64-13              (2)  was discovered by the employee through reasonable
  64-14  diligence.  (V.A.C.S. Art. 6252-16a, Sec. 3(a) (part).)
  64-15        Sec. 554.006.  EXHAUSTION OF GRIEVANCE OR APPEAL PROCEDURES.
  64-16  (a)  An employee of a local government must exhaust that
  64-17  government's grievance or appeal procedures relating to suspension
  64-18  or termination of employment or unlawful discrimination before
  64-19  suing under this chapter.
  64-20        (b)  The employee must invoke the grievance or appeal
  64-21  procedures not later than the 90th day after the date on which the
  64-22  alleged violation of this chapter:
  64-23              (1)  occurred; or
  64-24              (2)  was discovered by the employee through reasonable
  64-25  diligence.
  64-26        (c)  Time used by the employee in exhausting the grievance or
  64-27  appeal procedures is excluded from the period established by
   65-1  Section 554.005.
   65-2        (d)  This section does not apply if a final decision is not
   65-3  rendered before the 31st day after the date on which the employee
   65-4  initiated the grievance or appeal.  (V.A.C.S. Art. 6252-16a, Secs.
   65-5  3(d), (e).)
   65-6        Sec. 554.007.  WHERE SUIT BROUGHT.  A public employee may sue
   65-7  under this chapter in a district court of the county in which the
   65-8  employee resides or in a district court of Travis County.
   65-9  (V.A.C.S. Art. 6252-16a, Sec. 3(c).)
  65-10        Sec. 554.008.  CIVIL PENALTY.  (a)  A supervisor who suspends
  65-11  or terminates the employment of a public employee in violation of
  65-12  this chapter is liable for a civil penalty not to exceed $1,000.
  65-13        (b)  The attorney general or appropriate prosecuting attorney
  65-14  may sue to collect a civil penalty under this section.
  65-15        (c)  A civil penalty collected under this section shall be
  65-16  deposited in the state treasury.  (V.A.C.S. Art. 6252-16a, Sec. 5.)
  65-17        Sec. 554.009.  NOTICE TO EMPLOYEES.  (a)  A state agency or
  65-18  local government shall inform its employees of their rights under
  65-19  this chapter by posting a sign in a prominent location in the
  65-20  workplace.
  65-21        (b)  The attorney general shall prescribe the design and
  65-22  content of the sign required by this section.  (V.A.C.S.
  65-23  Art. 6252-16a, Sec. 6.)
  65-24    CHAPTER 555.  STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS
  65-25                   SUBCHAPTER A.  GENERAL PROVISIONS
  65-26  Sec. 555.001.  DEFINITIONS
  65-27  Sec. 555.002.  RULES
   66-1  Sec. 555.003.  EXCEPTION
   66-2         (Sections 555.004 to 555.020 reserved for expansion)
   66-3         SUBCHAPTER B.  PROCEDURES RELATING TO LICENSE RECORDS
   66-4  Sec. 555.021.  MAINTENANCE AND ACCESSIBILITY OF LICENSE
   66-5                   RECORDS
   66-6  Sec. 555.022.  REMOVAL OF RECORDS FROM FILE
   66-7  Sec. 555.023.  AGENCY FILE DIVERSIFICATION PERMITTED
   66-8    CHAPTER 555.  STATE AGENCY RECORDS RELATING TO LICENSE HOLDERS
   66-9                   SUBCHAPTER A.  GENERAL PROVISIONS
  66-10        Sec. 555.001.  DEFINITIONS.  In this chapter, "state agency,"
  66-11  "license," and "contested case" have the meanings assigned by
  66-12  Section 2001.003.  (V.A.C.S. Art. 6252-17b, Sec. 1.)
  66-13        Sec. 555.002.  RULES.  A state agency may adopt fair and
  66-14  reasonable rules, minimum standards, and limitations that are
  66-15  appropriate for implementing this chapter.  (V.A.C.S. Art.
  66-16  6252-17b, Sec. 5.)
  66-17        Sec. 555.003.  EXCEPTION.  This chapter does not apply to
  66-18  files that relate to drivers of motor vehicles and that are
  66-19  maintained by the Department of Public Safety under Section 21,
  66-20  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
  66-21  (Article 6687b, Vernon's Texas Civil Statutes).  (V.A.C.S. Art.
  66-22  6252-17b, Sec. 6.)
  66-23         (Sections 555.004 to 555.020 reserved for expansion)
  66-24         SUBCHAPTER B.  PROCEDURES RELATING TO LICENSE RECORDS
  66-25        Sec. 555.021.  MAINTENANCE AND ACCESSIBILITY OF LICENSE
  66-26  RECORDS.  (a)  Each state agency that issues a license shall keep
  66-27  in its files records relating to each license holder regulated by
   67-1  the agency.
   67-2        (b)  The agency shall maintain the files in a manner that
   67-3  permits public access to:
   67-4              (1)  all information in the files relating to a license
   67-5  holder regulated by the agency, including information about a
   67-6  contested case, unless the information is excepted by law from
   67-7  public disclosure; and
   67-8              (2)  notice of information in the file as described by
   67-9  Section 555.022.  (V.A.C.S. Art. 6252-17b, Sec. 2.)
  67-10        Sec. 555.022.  REMOVAL OF RECORDS FROM FILE.  (a)  On removal
  67-11  from a state agency file of information relating to the license
  67-12  status of one or more license holders, the agency shall:
  67-13              (1)  describe the content of the removed record;
  67-14              (2)  indicate the reason the particular record is not
  67-15  any longer part of the agency file; and
  67-16              (3)  state the date and time the record was removed.
  67-17        (b)  This section does not apply to a record that is removed
  67-18  for destruction as permitted by law.  (V.A.C.S. Art. 6252-17b, Sec.
  67-19  3.)
  67-20        Sec. 555.023.  AGENCY FILE DIVERSIFICATION PERMITTED.  (a)  A
  67-21  state agency is not required to discontinue or convert its records
  67-22  management procedures or systems in existence before June 14, 1989,
  67-23  to comply with this chapter.  An agency may continue to use those
  67-24  procedures and systems in conjunction with any changes made to
  67-25  comply with this chapter.
  67-26        (b)  A state agency may not impede public access to records
  67-27  through use of a records management procedure or system that
   68-1  existed before June 14, 1989, if the public is entitled by law to
   68-2  access.  (V.A.C.S. Art. 6252-17b, Sec. 4.)
   68-3         CHAPTER 556.  POLITICAL ACTIVITIES BY STATE EMPLOYEES
   68-4  Sec. 556.001.  DEFINITIONS
   68-5  Sec. 556.002.  EXCEPTION
   68-6  Sec. 556.003.  STATE EMPLOYEES' RIGHTS
   68-7  Sec. 556.004.  PROHIBITED ACTS OF STATE EMPLOYEES
   68-8  Sec. 556.005.  VIOLATION
   68-9         CHAPTER 556.  POLITICAL ACTIVITIES BY STATE EMPLOYEES
  68-10        Sec. 556.001.  DEFINITIONS.  In this chapter:
  68-11              (1)  "State agency" means:
  68-12                    (A)  a department, commission, board, office, or
  68-13  other agency in the executive branch of state government, created
  68-14  under the constitution or a statute, with statewide authority;
  68-15                    (B)  a university system or an institution of
  68-16  higher education as defined by Section 61.003, Education Code; or
  68-17                    (C)  the supreme court, the court of criminal
  68-18  appeals, a court of appeals, or the Texas Judicial Council.
  68-19              (2)  "State employee" means an individual who is
  68-20  employed by a state agency.  The term does not include an elected
  68-21  official or an individual appointed to office by the governor
  68-22  subject to approval by the senate.  (V.A.C.S. Art. 6252-9f, Sec.
  68-23  1.)
  68-24        Sec. 556.002.  EXCEPTION.  This chapter does not apply to an
  68-25  individual employed by the Department of Public Safety.  (V.A.C.S.
  68-26  Art. 6252-9f, Sec. 5.)
  68-27        Sec. 556.003.  STATE EMPLOYEES' RIGHTS.  A state employee has
   69-1  the rights of freedom of association and political participation
   69-2  guaranteed by the state and federal constitutions except as
   69-3  provided by Section 556.004.  (V.A.C.S. Art. 6252-9f, Sec. 2.)
   69-4        Sec. 556.004.  PROHIBITED ACTS OF STATE EMPLOYEES.  (a)  A
   69-5  state employee may not:
   69-6              (1)  use official authority or influence or permit the
   69-7  use of a program administered by the state to interfere with or
   69-8  affect the result of an election or nomination of a candidate or to
   69-9  achieve any other political purpose; or
  69-10              (2)  coerce, attempt to coerce, command, restrict,
  69-11  attempt to restrict, or prevent the payment, loan, or contribution
  69-12  of any thing of value to a person or political organization for a
  69-13  political purpose.
  69-14        (b)  For purposes of this section, a state employee does not
  69-15  interfere with or affect the results of an election or nomination
  69-16  if the employee's conduct is permitted by a law relating to the
  69-17  individual's office or employment and is not otherwise unlawful.
  69-18  (V.A.C.S. Art. 6252-9f, Sec. 3.)
  69-19        Sec. 556.005.  VIOLATION.  A state employee who violates
  69-20  Section 556.004 is subject to immediate termination of employment.
  69-21  (V.A.C.S. Art. 6252-9f, Sec. 4.)
  69-22            CHAPTER 557.  SEDITION, SABOTAGE, AND COMMUNISM
  69-23                        SUBCHAPTER A.  SEDITION
  69-24  Sec. 557.001.  SEDITION
  69-25  Sec. 557.002.  DISQUALIFICATION
  69-26  Sec. 557.003.  SEDITIOUS ORGANIZATIONS
  69-27  Sec. 557.004.  ENFORCEMENT
   70-1  Sec. 557.005.  JUDICIAL POWERS IN LABOR DISPUTES
   70-2         (Sections 557.006 to 557.010 reserved for expansion)
   70-3                        SUBCHAPTER B.  SABOTAGE
   70-4  Sec. 557.011.  SABOTAGE
   70-5  Sec. 557.012.  CAPITAL SABOTAGE
   70-6  Sec. 557.013.  ENFORCEMENT
   70-7         (Sections 557.014 to 557.020 reserved for expansion)
   70-8                       SUBCHAPTER C.  COMMUNISM
   70-9  Sec. 557.021.  DEFINITIONS
  70-10  Sec. 557.022.  RESTRICTIONS
  70-11  Sec. 557.023.  ENFORCEMENT
  70-12            CHAPTER 557.  SEDITION, SABOTAGE, AND COMMUNISM
  70-13                        SUBCHAPTER A.  SEDITION
  70-14        Sec. 557.001.  SEDITION.  (a)  A person commits an offense if
  70-15  the person knowingly:
  70-16              (1)  commits, attempts to commit, or conspires with one
  70-17  or more persons to commit an act intended to overthrow, destroy, or
  70-18  alter the constitutional form of government of this state or of any
  70-19  political subdivision of this state by force or violence;
  70-20              (2)  under circumstances that constitute a clear and
  70-21  present danger to the security of this state or a political
  70-22  subdivision of this state, advocates, advises, or teaches or
  70-23  conspires with one or more persons to advocate, advise, or teach a
  70-24  person to commit or attempt to commit an act described in
  70-25  Subdivision (1); or
  70-26              (3)  participates, with knowledge of the nature of the
  70-27  organization, in the management of an organization that engages in
   71-1  or attempts to engage in an act intended to overthrow, destroy, or
   71-2  alter the constitutional form of government of this state or of any
   71-3  political subdivision of this state by force or violence.
   71-4        (b)  An offense under this section is a felony punishable by:
   71-5              (1)  a fine not to exceed $20,000;
   71-6              (2)  confinement in the institutional division of the
   71-7  Texas Department of Criminal Justice for a term of not less than
   71-8  one year or more than 20 years; or
   71-9              (3)  both fine and imprisonment.
  71-10        (c)  A person convicted of an offense under this section may
  71-11  not receive probation under Article 42.12, Code of Criminal
  71-12  Procedure.  (V.A.C.S. Art. 6889-3A, Secs. 5 (part), 6 (part).)
  71-13        Sec. 557.002.  DISQUALIFICATION.  A person who is finally
  71-14  convicted of an offense under Section 557.001 may not hold office
  71-15  or a position of profit, trust, or employment with the state or any
  71-16  political subdivision of the state.  (V.A.C.S. Art. 6889-3A, Sec.
  71-17  7.)
  71-18        Sec. 557.003.  SEDITIOUS ORGANIZATIONS.  (a)  An
  71-19  organization, either incorporated or unincorporated, may not engage
  71-20  in or have as a purpose activities intended to overthrow, destroy,
  71-21  or alter the constitutional form of government of this state or a
  71-22  political subdivision of this state by force or violence.
  71-23        (b)  An organization that violates Subsection (a):
  71-24              (1)  may not lawfully exist, function, or operate in
  71-25  this state; and
  71-26              (2)  is not entitled to the rights, privileges, and
  71-27  immunities granted to organizations under the law of this state.
   72-1        (c)  A district attorney, criminal district attorney, or
   72-2  county attorney may bring an action against an organization in a
   72-3  court of competent jurisdiction.  If the court finds that the
   72-4  organization has violated Subsection (a), the court shall order:
   72-5              (1)  the organization dissolved;
   72-6              (2)  if the organization is incorporated in the state
   72-7  or has a permit to do business in the state, the organization's
   72-8  charter or permit revoked;
   72-9              (3)  all funds, records, and property of the
  72-10  organization forfeited to the state; and
  72-11              (4)  all books, records, and files of the organization
  72-12  turned over to the attorney general.
  72-13        (d)  It is prima facie evidence that an organization engages
  72-14  in or has as a purpose engaging in activities intended to
  72-15  overthrow, destroy, or alter the constitutional form of the
  72-16  government of this state or a political subdivision of this state
  72-17  by force or violence if it is shown that the organization has a
  72-18  parent or superior organization that engages in or has as a purpose
  72-19  engaging in activities intended to overthrow, destroy, or alter the
  72-20  constitutional form of the government of this state or a political
  72-21  subdivision of this state by force or violence.  (V.A.C.S.
  72-22  Art. 6889-3A, Secs. 2, 4.)
  72-23        Sec. 557.004.  ENFORCEMENT.  (a)  A district court may, on
  72-24  application by a district attorney, criminal district attorney, or
  72-25  county attorney, order injunctive or other equitable relief
  72-26  appropriate to enforce this subchapter.
  72-27        (b)  The procedure for relief sought under Subsection (a) of
   73-1  this section is the same as that for other similar relief in the
   73-2  district court except that the proceeding may not be instituted
   73-3  unless the director of the Department of Public Safety of the State
   73-4  of Texas or the director's assistant in charge is notified by
   73-5  telephone, telegraph, or in person that injunctive or other
   73-6  equitable relief will be sought.
   73-7        (c)  An affidavit that states that the notice described in
   73-8  Subsection (b) was given and that accompanies the application for
   73-9  relief is sufficient to permit filing of the application.
  73-10        (d)  Injunctive or other equitable relief sought to enforce
  73-11  this subchapter may not be granted in a labor dispute.
  73-12        (e)  The internal security section of the Department of
  73-13  Public Safety of the State of Texas shall assist in the enforcement
  73-14  of this subchapter.  (V.A.C.S. Art. 6889-3A, Secs. 8 (part), 9a
  73-15  (part).)
  73-16        Sec. 557.005.  JUDICIAL POWERS IN LABOR DISPUTES.  This
  73-17  subchapter does not affect the powers of the courts of this state
  73-18  or of the United States under the law of this state in a labor
  73-19  dispute.  (V.A.C.S. Art. 6889-3A, Sec. 8 (part).)
  73-20         (Sections 557.006 to 557.010 reserved for expansion)
  73-21                        SUBCHAPTER B.  SABOTAGE
  73-22        Sec. 557.011.  SABOTAGE.  (a)  A person commits an offense if
  73-23  the person, with the intent to injure the United States, this
  73-24  state, or any facility or property used for national defense
  73-25  sabotages or attempts to sabotage any property or facility used or
  73-26  to be used for national defense.
  73-27        (b)  An offense under this section is a felony punishable by
   74-1  confinement in the institutional division of the Texas Department
   74-2  of Criminal Justice for a term of not less than two years or more
   74-3  than 20 years.
   74-4        (c)  If conduct constituting an offense under this section
   74-5  also constitutes an offense under another provision of law, the
   74-6  actor may be prosecuted under both sections.
   74-7        (d)  In this section, "sabotage" means to wilfully and
   74-8  maliciously damage or destroy property.  (V.A.C.S. Art. 6889-3,
   74-9  Sec. 5 (part).)
  74-10        Sec. 557.012.  CAPITAL SABOTAGE.  (a)  A person commits an
  74-11  offense if the person commits an offense under Section 557.011(a)
  74-12  and the sabotage or attempted sabotage causes the death of an
  74-13  individual.
  74-14        (b)  An offense under this section is punishable by:
  74-15              (1)  death; or
  74-16              (2)  confinement in the institutional division of the
  74-17  Texas Department of Criminal Justice for:
  74-18                    (A)  life; or
  74-19                    (B)  a term of not less than two years.
  74-20        (c)  If conduct constituting an offense under this section
  74-21  also constitutes an offense under other law, the actor may be
  74-22  prosecuted under both sections.  (V.A.C.S. Art. 6889-3, Sec. 5
  74-23  (part).)
  74-24        Sec. 557.013.  ENFORCEMENT.  The attorney general, a district
  74-25  or county attorney, the department, and any law enforcement officer
  74-26  of this state shall enforce this subchapter.  (V.A.C.S. Art.
  74-27  6889-3, Sec. 8.)
   75-1         (Sections 557.014 to 557.020 reserved for expansion)
   75-2                       SUBCHAPTER C.  COMMUNISM
   75-3        Sec. 557.021.  DEFINITIONS.  In this subchapter:
   75-4              (1)  "Communist" means a person who commits an act
   75-5  reasonably calculated to further the overthrow of the government:
   75-6                    (A)  by force or violence; or
   75-7                    (B)  by unlawful or unconstitutional means and
   75-8  replace it with a communist government.
   75-9              (2)  "Department" means the Department of Public Safety
  75-10  of the State of Texas.
  75-11              (3)  "Government" means the government of this state or
  75-12  any of its political subdivisions.  (V.A.C.S. Art. 6889-3, Sec. 1
  75-13  (part).)
  75-14        Sec. 557.022.  RESTRICTIONS.  (a)  The name of a communist
  75-15  may not be printed on the ballot for any primary or general
  75-16  election in this state or a political subdivision of this state.
  75-17        (b)  A person may not hold a nonelected office or position
  75-18  with the state or any political subdivision of the state if:
  75-19              (1)  any of the compensation for the office or position
  75-20  comes from public funds of this state or a political subdivision of
  75-21  this state; and
  75-22              (2)  the employer or superior of the person has
  75-23  reasonable grounds to believe that the person is a communist.
  75-24  (V.A.C.S. Art. 6889-3, Secs. 6, 7.)
  75-25        Sec. 557.023.  ENFORCEMENT.  The attorney general, a district
  75-26  or county attorney, the department, and any law enforcement officer
  75-27  of this state shall enforce this subchapter.  (V.A.C.S. Art.
   76-1  6889-3, Sec. 8.)
   76-2    CHAPTER 558.  INTERPRETERS FOR DEAF OR HEARING IMPAIRED PERSONS
   76-3  Sec. 558.001.  DEFINITION
   76-4  Sec. 558.002.  STATE EXAMINATIONS
   76-5  Sec. 558.003.  PROCEEDINGS BEFORE POLITICAL SUBDIVISIONS
   76-6    CHAPTER 558.  INTERPRETERS FOR DEAF OR HEARING IMPAIRED PERSONS
   76-7        Sec. 558.001.  DEFINITION.  In this chapter, "deaf or hearing
   76-8  impaired" means having a hearing impairment, regardless of the
   76-9  existence of a speech impairment, that inhibits:
  76-10              (1)  comprehension of an examination or proceeding; or
  76-11              (2)  communication with others.  (V.A.C.S. Art.
  76-12  6252-18a(b)(1).)
  76-13        Sec. 558.002.  STATE EXAMINATIONS.  (a)  A deaf or hearing
  76-14  impaired person taking a state examination required for state
  76-15  employment or issuance of a state license is entitled, on request,
  76-16  to an interpreter.
  76-17        (b)  The interpreter may be paid for not more than eight
  76-18  hours for interpreting in a calendar day and is entitled to $5 for
  76-19  each hour of interpreting in a calendar day, except that the
  76-20  interpreter is entitled to $15 for the first hour.  (V.A.C.S. Art.
  76-21  6252-18.)
  76-22        Sec. 558.003.  PROCEEDINGS BEFORE POLITICAL SUBDIVISIONS.
  76-23  (a)  In a proceeding before the governing body of a political
  76-24  subdivision in which the legal rights, duties, or privileges of a
  76-25  party are to be determined by the governing body after an
  76-26  adjudicative hearing, the governing body shall supply for a party
  76-27  who is deaf or hearing impaired an interpreter who has
   77-1  qualifications approved by the Texas Commission for the Deaf and
   77-2  Hearing Impaired.
   77-3        (b)  In this section, "political subdivision" means a county,
   77-4  municipality, school district, special purpose district, or other
   77-5  subdivision of state government that has jurisdiction limited to a
   77-6  geographic portion of the state.  (V.A.C.S. Art. 6252-18a(a),
   77-7  (b)(2).)
   77-8             (Chapters 559 to 570 reserved for expansion)
   77-9                          SUBTITLE B.  ETHICS
  77-10                 CHAPTER 571.  TEXAS ETHICS COMMISSION
  77-11                   SUBCHAPTER A.  GENERAL PROVISIONS
  77-12  Sec. 571.001.  PURPOSE
  77-13  Sec. 571.002.  DEFINITIONS
  77-14         (Sections 571.003 to 571.020 reserved for expansion)
  77-15               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
  77-16  Sec. 571.021.  TEXAS ETHICS COMMISSION
  77-17  Sec. 571.022.  SUNSET PROVISION
  77-18  Sec. 571.023.  PRESIDING OFFICER
  77-19  Sec. 571.024.  EXPENSES
  77-20  Sec. 571.025.  MEETINGS
  77-21  Sec. 571.026.  QUORUM; VOTE REQUIRED
  77-22  Sec. 571.027.  PROHIBITED PARTICIPATION
  77-23  Sec. 571.028.  PROHIBITED CANDIDACY
  77-24  Sec. 571.029.  STAFF
  77-25  Sec. 571.030.  STATE ETHICS FUND
  77-26  Sec. 571.031.  RECORDS
  77-27  Sec. 571.032.  MAILING OF NOTICES, DECISIONS, AND REPORTS
   78-1  Sec. 571.033.  DISCRIMINATION PROHIBITED
   78-2         (Sections 571.034 to 571.060 reserved for expansion)
   78-3               SUBCHAPTER C.  GENERAL POWERS AND DUTIES
   78-4  Sec. 571.061.  LAWS ADMINISTERED AND ENFORCED BY COMMISSION
   78-5  Sec. 571.062.  RULES
   78-6  Sec. 571.063.  RULES CONCERNING GIFTS TO REGULATORY AGENCY
   78-7                   OFFICERS AND EMPLOYEES
   78-8  Sec. 571.064.  REPORTING AND REGISTRATION THRESHOLDS
   78-9  Sec. 571.065.  FORMS
  78-10  Sec. 571.066.  ELECTRONIC DATA BASE
  78-11  Sec. 571.067.  COMPUTER SOFTWARE
  78-12  Sec. 571.068.  ACCOUNT NUMBERS
  78-13  Sec. 571.069.  REVIEW OF STATEMENTS AND REPORTS; AUDITS
  78-14  Sec. 571.070.  MANUAL
  78-15  Sec. 571.071.  TRAINING; GUIDELINES
  78-16  Sec. 571.072.  PUBLIC ACCESS
  78-17  Sec. 571.073.  REPORT
  78-18  Sec. 571.074.  GIFTS AND GRANTS
  78-19  Sec. 571.075.  DELEGATION OF AUTHORITY
  78-20  Sec. 571.076.  CONTRACT FOR ADMINISTRATION
  78-21         (Sections 571.077 to 571.090 reserved for expansion)
  78-22                   SUBCHAPTER D.  ADVISORY OPINIONS
  78-23  Sec. 571.091.  OPINION TO BE GIVEN ON REQUEST
  78-24  Sec. 571.092.  DEADLINE FOR OPINION; EXTENSION
  78-25  Sec. 571.093.  PROTECTION OF IDENTITY OF REQUESTOR OR
  78-26                   AFFECTED PERSON
  78-27  Sec. 571.094.  OPINION ISSUED ON INITIATIVE OF COMMISSION
   79-1  Sec. 571.095.  MAINTENANCE OF OPINIONS; SUMMARY
   79-2  Sec. 571.096.  OPINION BY OTHER GOVERNMENTAL ENTITY
   79-3  Sec. 571.097.  DEFENSE FOR RELIANCE ON ADVISORY OPINION
   79-4  Sec. 571.098.  CONVERSION OF CONTRIBUTION TO PERSONAL USE
   79-5         (Sections 571.099 to 571.120 reserved for expansion)
   79-6           SUBCHAPTER E.  COMPLAINT PROCEDURES AND HEARINGS
   79-7  Sec. 571.121.  GENERAL POWERS
   79-8  Sec. 571.122.  FILING OF COMPLAINT; CONTENTS
   79-9  Sec. 571.123.  PROCESSING OF COMPLAINT
  79-10  Sec. 571.124.  PRELIMINARY REVIEW:  INITIATION
  79-11  Sec. 571.125.  PRELIMINARY REVIEW:  PROCEDURE
  79-12  Sec. 571.126.  PRELIMINARY REVIEW:  RESOLUTION
  79-13  Sec. 571.127.  INFORMAL HEARING:  PROCEDURE
  79-14  Sec. 571.128.  INFORMAL HEARING:  RESOLUTION
  79-15  Sec. 571.129.  FORMAL HEARING:  STANDARD OF EVIDENCE
  79-16  Sec. 571.130.  FORMAL HEARING:  SUBPOENAS AND WITNESSES
  79-17  Sec. 571.131.  FORMAL HEARING:  PROCEDURE
  79-18  Sec. 571.132.  FORMAL HEARING:  RESOLUTION
  79-19  Sec. 571.133.  APPEAL OF FINAL DECISION
  79-20  Sec. 571.134.  DELAY OF REFERRAL
  79-21  Sec. 571.135.  PUBLIC INTEREST INFORMATION;
  79-22                   STATUS OF COMPLAINT
  79-23  Sec. 571.136.  EXTENSION OF DEADLINE
  79-24  Sec. 571.137.  SUBPOENA
  79-25  Sec. 571.138.  STATUS OF COMPLAINANT
  79-26  Sec. 571.139.  APPLICABILITY OF OTHER ACTS
  79-27  Sec. 571.140.  CONFIDENTIALITY; OFFENSE
   80-1         (Sections 571.141 to 571.170 reserved for expansion)
   80-2                      SUBCHAPTER F.  ENFORCEMENT
   80-3  Sec. 571.171.  INITIATION AND REFERRAL
   80-4  Sec. 571.172.  ORDER
   80-5  Sec. 571.173.  CIVIL PENALTY FOR DELAY OR VIOLATION
   80-6  Sec. 571.174.  DENIAL, SUSPENSION, OR REVOCATION OF
   80-7                   LOBBYIST REGISTRATION
   80-8  Sec. 571.175.  NOTIFICATION OF REGULATORY OR
   80-9                   SUPERVISORY ENTITY
  80-10  Sec. 571.176.  CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH
  80-11                   COMPLAINT
  80-12  Sec. 571.177.  FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION
  80-13                          SUBTITLE B.  ETHICS
  80-14                 CHAPTER 571.  TEXAS ETHICS COMMISSION
  80-15                   SUBCHAPTER A.  GENERAL PROVISIONS
  80-16        Sec. 571.001.  PURPOSE.  It is the policy of the legislature
  80-17  to protect the constitutional privilege of free suffrage by
  80-18  regulating elections and prohibiting undue influence while also
  80-19  protecting the constitutional right of the governed to apply to
  80-20  their government for the redress of grievances.  This chapter is
  80-21  intended to achieve those purposes and shall be construed to
  80-22  achieve the following objectives:
  80-23              (1)  to control and reduce the cost of elections;
  80-24              (2)  to eliminate opportunities for undue influence
  80-25  over elections and governmental actions;
  80-26              (3)  to disclose fully information related to
  80-27  expenditures and contributions for elections and for petitioning
   81-1  the government;
   81-2              (4)  to enhance the potential for individual
   81-3  participation in electoral and governmental processes; and
   81-4              (5)  to ensure the public's confidence and trust in its
   81-5  government.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.01.)
   81-6        Sec. 571.002.  DEFINITIONS.  In this chapter:
   81-7              (1)  "Commission" means the Texas Ethics Commission.
   81-8              (2)  "Complainant" means an individual who files a
   81-9  sworn complaint with the commission.
  81-10              (3)  "Political party" includes only a political party
  81-11  required to hold a primary election under Section 172.001, Election
  81-12  Code.
  81-13              (4)  "Respondent" means a person who is alleged to have
  81-14  committed a violation of a rule adopted by or a law administered
  81-15  and enforced by the commission.  (V.A.C.S. Art. 6252-9d.1, Sec.
  81-16  1.02.)
  81-17         (Sections 571.003 to 571.020 reserved for expansion)
  81-18               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
  81-19        Sec. 571.021.  TEXAS ETHICS COMMISSION.  This chapter applies
  81-20  to the Texas Ethics Commission created under Article III, Section
  81-21  24a, of the Texas Constitution.  (New.)
  81-22        Sec. 571.022.  SUNSET PROVISION.  The commission is subject
  81-23  to review under Chapter 325 (Texas Sunset Act), but is not
  81-24  abolished under that chapter.  The commission shall be reviewed
  81-25  during the periods in which state agencies abolished in 2001 and
  81-26  every 12th year after 2001 are reviewed.  (V.A.C.S. Art. 6252-9d.1,
  81-27  Sec. 1.36(d).)
   82-1        Sec. 571.023.  PRESIDING OFFICER.  The members of the
   82-2  commission shall elect annually the presiding officer of the
   82-3  commission.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.07(a).)
   82-4        Sec. 571.024.  EXPENSES.  A member of the commission is
   82-5  entitled to travel expenses incurred in performing official duties
   82-6  and to a per diem equal to the maximum amount allowed on January 1
   82-7  of that year for federal employees per diem for federal income tax
   82-8  purposes, subject to the same limitations for members of state
   82-9  boards and commissions in the General Appropriations Act.
  82-10  (V.A.C.S. Art. 6252-9d.1, Sec. 1.08.)
  82-11        Sec. 571.025.  MEETINGS.  The commission shall meet at least
  82-12  once each calendar quarter and at other times at the call of the
  82-13  presiding officer.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.07(b).)
  82-14        Sec. 571.026.  QUORUM; VOTE REQUIRED.  (a)  A majority of the
  82-15  membership of the commission constitutes a quorum.
  82-16        (b)  A vacancy on the commission may not be considered in
  82-17  determining the membership of the commission for the purpose of a
  82-18  quorum.
  82-19        (c)  Except as otherwise provided by this chapter, an action
  82-20  or recommendation of the commission requiring a vote of the
  82-21  commission is not valid unless:
  82-22              (1)  the vote is taken at a meeting of the commission
  82-23  with a quorum present; and
  82-24              (2)  the action or recommendation receives an
  82-25  affirmative vote of a majority of the membership of the commission.
  82-26  (V.A.C.S. Art. 6252-9d.1, Sec. 1.06.)
  82-27        Sec. 571.027.  PROHIBITED PARTICIPATION.  (a)  A member of
   83-1  the commission may not participate in a commission proceeding
   83-2  relating to any of the following actions if the member is the
   83-3  subject of the action:
   83-4              (1)  a formal investigation by the commission;
   83-5              (2)  a sworn complaint filed with the commission; or
   83-6              (3)  a motion by an affirmative record vote of at least
   83-7  six members of the commission.
   83-8        (b)  A member of the commission may not participate in or
   83-9  vote on any matter before the commission if the matter concerns the
  83-10  member directly or an individual related to the member within the
  83-11  second degree by affinity or consanguinity.  (V.A.C.S. Art.
  83-12  6252-9d.1, Sec. 1.31.)
  83-13        Sec. 571.028.  PROHIBITED CANDIDACY.  A member of the
  83-14  commission may not be a candidate for an elective public office for
  83-15  12 months after the date on which the member ends service on the
  83-16  commission.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.32.)
  83-17        Sec. 571.029.  STAFF.  (a)  The commission may employ staff,
  83-18  including an executive director and a general counsel, necessary to
  83-19  administer the commission's functions.
  83-20        (b)  The commission may not employ a person and an employee
  83-21  of the commission may not continue in employment with the
  83-22  commission if the person at the time of employment or while
  83-23  employed by the commission is:
  83-24              (1)  an officer of a political party, a political
  83-25  subdivision, or a political committee;
  83-26              (2)  a person required to be registered under Chapter
  83-27  305;
   84-1              (3)  a candidate or campaign treasurer subject to Title
   84-2  15, Election Code; or
   84-3              (4)  a member of the legislature.  (V.A.C.S. Art.
   84-4  6252-9d.1, Sec. 1.10.)
   84-5        Sec. 571.030.  STATE ETHICS FUND.  (a)  The state ethics fund
   84-6  in the state treasury consists of that part of the unclaimed money
   84-7  fund as provided by Section 74.602, Property Code, and fees
   84-8  collected under Section 305.005.
   84-9        (b)  Money in the fund may be appropriated only to the
  84-10  commission to administer and enforce:
  84-11              (1)  this chapter;
  84-12              (2)  Chapters 302, 305, and 572; and
  84-13              (3)  Title 15, Election Code.
  84-14        (c)  At the request of the commission, the state treasurer
  84-15  shall transfer funds to the commission under Section 74.602(b)(2),
  84-16  Property Code.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.35.)
  84-17        Sec. 571.031.  RECORDS.  Except as provided by Sections
  84-18  571.139(a) and 571.140, Chapter 552 applies to all records of the
  84-19  commission.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.36(c).)
  84-20        Sec. 571.032.  MAILING OF NOTICES, DECISIONS, AND REPORTS.
  84-21  Each written notice, decision, and report required to be sent under
  84-22  this chapter shall be sent by registered or certified mail,
  84-23  restricted delivery, return receipt requested.  (V.A.C.S. Art.
  84-24  6252-9d.1, Sec. 1.25(a).)
  84-25        Sec. 571.033.  DISCRIMINATION PROHIBITED.  This chapter may
  84-26  not be applied to discriminate on the basis of race, sex, national
  84-27  origin, or religion.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.33.)
   85-1         (Sections 571.034 to 571.060 reserved for expansion)
   85-2               SUBCHAPTER C.  GENERAL POWERS AND DUTIES
   85-3        Sec. 571.061.  LAWS ADMINISTERED AND ENFORCED BY COMMISSION.
   85-4  (a)  The commission shall administer and enforce:
   85-5              (1)  Chapters 302, 305, and 572; and
   85-6              (2)  Title 15, Election Code.
   85-7        (b)  The commission shall perform any other powers or duties
   85-8  given to the commission under a law listed in Subsection (a).
   85-9  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(1).)
  85-10        Sec. 571.062.  RULES.  (a)  The commission, on the
  85-11  affirmative vote of at least six members of the commission, may
  85-12  adopt rules to administer this chapter or any other law
  85-13  administered and enforced by the commission.
  85-14        (b)  Chapter 2001, relating to rules and rulemaking, applies
  85-15  to the commission to the extent consistent with this chapter.
  85-16  (V.A.C.S. Art. 6252-9d.1, Secs. 1.11(b)(9), 1.36(a) (part).)
  85-17        Sec. 571.063.  RULES CONCERNING GIFTS TO REGULATORY AGENCY
  85-18  OFFICERS AND EMPLOYEES.  (a)  The commission shall require each
  85-19  regulatory agency in the executive branch to develop rules limiting
  85-20  the acceptance of gifts or other benefits from persons appearing
  85-21  before or regulated by the agency.  The rules must be at least as
  85-22  restrictive as the rules of the commission.
  85-23        (b)  The commission shall provide for the submission of those
  85-24  rules to the commission for approval.  (V.A.C.S. Art. 6252-9d.1,
  85-25  Sec. 1.11(a)(7).)
  85-26        Sec. 571.064.  REPORTING AND REGISTRATION THRESHOLDS.
  85-27  (a)  If a law administered and enforced by the commission
   86-1  authorizes the commission to determine dollar amounts as reporting
   86-2  or registration thresholds, the commission shall set those
   86-3  thresholds in amounts that are reasonable, are in the public
   86-4  interest, and further the purposes of the reporting or registration
   86-5  law involved.
   86-6        (b)  If a law administered and enforced by the commission
   86-7  sets dollar amounts or categories of amounts as reporting
   86-8  thresholds or if the commission sets those amounts, the commission
   86-9  annually shall adjust those thresholds upward to the nearest
  86-10  multiple of $10 in accordance with the percentage increase for the
  86-11  previous year in the Consumer Price Index for Urban Consumers
  86-12  published by the Bureau of Labor Statistics of the United States
  86-13  Department of Labor.  (V.A.C.S. Art. 6252-9d.1, Secs. 1.11(c),
  86-14  (d).)
  86-15        Sec. 571.065.  FORMS.  (a)  The commission shall prescribe
  86-16  forms for statements and reports required to be filed with the
  86-17  commission.
  86-18        (b)  The commission shall provide for the distribution of the
  86-19  forms.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(2).)
  86-20        Sec. 571.066.  ELECTRONIC DATA BASE.  (a)  The Department of
  86-21  Information Resources shall study the implementation of the most
  86-22  appropriate electronic data base to enhance the commission's
  86-23  abilities to administer this chapter.
  86-24        (b)  The commission shall:
  86-25              (1)  establish an electronic data base composed of
  86-26  statements and reports filed with the commission;
  86-27              (2)  provide the public with access to that data;
   87-1              (3)  establish a system to provide access by electronic
   87-2  data transmittal processes to that data;
   87-3              (4)  set and charge a fee for electronic access to the
   87-4  data base in an amount reasonable and necessary to cover the costs
   87-5  of access; and
   87-6              (5)  ensure that entries entered on multiple reports
   87-7  may be electronically cross-referenced in the data base.  (V.A.C.S.
   87-8  Art. 6252-9d.1, Sec. 1.12.)
   87-9        Sec. 571.067.  COMPUTER SOFTWARE.  The commission may develop
  87-10  computer software to facilitate the discharge of its statutory
  87-11  duties.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(b)(6).)
  87-12        Sec. 571.068.  ACCOUNT NUMBERS.  The commission shall assign
  87-13  an account number to each person required to file a statement or
  87-14  report with the commission under a law administered and enforced by
  87-15  the commission.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(8).)
  87-16        Sec. 571.069.  REVIEW OF STATEMENTS AND REPORTS; AUDITS.
  87-17  (a)  The commission may review for facial compliance a statement or
  87-18  report filed with the commission and may review any available
  87-19  documents.  The commission may return for resubmission with
  87-20  corrections or additional documentation a statement or report that
  87-21  does not, in the opinion of the commission, comply with the law
  87-22  requiring the statement or report.
  87-23        (b)  The commission may by an affirmative record vote of at
  87-24  least six commission members perform a complete audit only at an
  87-25  informal or formal hearing.
  87-26        (c)  Any audited statement, report, document, or other
  87-27  material is confidential and may not be disclosed unless the
   88-1  statement, report, document, or other material:
   88-2              (1)  was previously public information; or
   88-3              (2)  is entered into the record of a formal hearing or
   88-4  a judicial proceeding.
   88-5        (d)  The party who is the subject of the audit may waive
   88-6  confidentiality by sending written notice to the commission.
   88-7        (e)  The commission may not audit a statement or report filed
   88-8  before January 1, 1992, under a law administered and enforced
   88-9  before that date by the secretary of state.  (V.A.C.S. Art.
  88-10  6252-9d.1, Sec. 1.13.)
  88-11        Sec. 571.070.  MANUAL.  The commission shall adopt by rule
  88-12  and publish a manual that establishes uniform methods of accounting
  88-13  and reporting for use by persons required to file statements and
  88-14  reports with the commission and that includes a digest of each
  88-15  advisory opinion issued by the commission under Subchapter D.
  88-16  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(a)(3).)
  88-17        Sec. 571.071.  TRAINING; GUIDELINES.  (a)  The commission
  88-18  shall:
  88-19              (1)  provide training by January of each odd-numbered
  88-20  year for members and members-elect of the legislature concerning
  88-21  compliance with the laws administered and enforced by the
  88-22  commission; and
  88-23              (2)  provide, in cooperation with state agencies,  a
  88-24  program of ethics training for state employees.
  88-25        (b)  The commission may disseminate, through pamphlets and
  88-26  seminars, explanations and compliance guidelines concerning any law
  88-27  administered and enforced by the commission.  (V.A.C.S. Art.
   89-1  6252-9d.1, Secs. 1.11(a)(5), (6); (b)(5).)
   89-2        Sec. 571.072.  PUBLIC ACCESS.  (a)  The commission shall
   89-3  develop and implement policies that provide the public with a
   89-4  reasonable opportunity to appear before the commission and to speak
   89-5  on issues under the general jurisdiction of the commission.
   89-6        (b)  The commission shall prepare and maintain a written plan
   89-7  that describes how a person who does not speak English or who has a
   89-8  physical, mental, or developmental disability may be provided
   89-9  reasonable access to commission proceedings.  (V.A.C.S. Art.
  89-10  6252-9d.1, Sec. 1.34.)
  89-11        Sec. 571.073.  REPORT.  On or before December 31 of each
  89-12  even-numbered year, the commission shall report to the governor and
  89-13  legislature.  The report must include each advisory opinion issued
  89-14  by the commission under Subchapter D in the preceding two years and
  89-15  recommendations for any necessary statutory changes.  (V.A.C.S.
  89-16  Art. 6252-9d.1, Sec. 1.11(a)(4).)
  89-17        Sec. 571.074.  GIFTS AND GRANTS.  The commission may accept
  89-18  gifts and grants for the administration of its duties.  (V.A.C.S.
  89-19  Art. 6252-9d.1, Sec. 1.11(b)(8).)
  89-20        Sec. 571.075.  DELEGATION OF AUTHORITY.  The commission by
  89-21  rule may delegate a power conferred on it by this chapter or
  89-22  another law administered by the commission, except:
  89-23              (1)  any power requiring a vote of the commission;
  89-24              (2)  rulemaking authority; or
  89-25              (3)  authority to issue an advisory opinion under
  89-26  Subchapter D.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(e).)
  89-27        Sec. 571.076.  CONTRACT FOR ADMINISTRATION.  The commission
   90-1  may contract with persons to administer and carry out this chapter
   90-2  and rules, standards, and orders adopted under this chapter,
   90-3  excluding any enforcement authority.  (V.A.C.S. Art. 6252-9d.1,
   90-4  Sec. 1.11(b)(7).)
   90-5         (Sections 571.077 to 571.090 reserved for expansion)
   90-6                   SUBCHAPTER D.  ADVISORY OPINIONS
   90-7        Sec. 571.091.  OPINION TO BE GIVEN ON REQUEST.  (a)  The
   90-8  commission shall prepare a written opinion answering the request of
   90-9  a person subject to any of the following laws for an opinion about
  90-10  the application of any of these laws to the person in regard to a
  90-11  specified existing or hypothetical factual situation:
  90-12              (1)  Chapter 302;
  90-13              (2)  Chapter 305;
  90-14              (3)  Chapter 572;
  90-15              (4)  Title 15, Election Code;
  90-16              (5)  Chapter 36, Penal Code; or
  90-17              (6)  Chapter 39, Penal Code.
  90-18        (b)  An opinion request under Subsection (a) must be in
  90-19  writing to the commission.  (V.A.C.S. Art. 6252-9d.1, Sec.
  90-20  1.29(a).)
  90-21        Sec. 571.092.  DEADLINE FOR OPINION; EXTENSION.  (a)  The
  90-22  commission shall issue an advisory opinion not later than the 60th
  90-23  day after the date the commission receives the request.
  90-24        (b)  The commission by vote may extend the time available to
  90-25  issue an opinion by 30 days.  The commission may not grant more
  90-26  than two extensions.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.29(b).)
  90-27        Sec. 571.093.  PROTECTION OF IDENTITY OF REQUESTOR OR
   91-1  AFFECTED PERSON.  (a)  The commission shall maintain the
   91-2  confidentiality of the name of the person requesting an advisory
   91-3  opinion and shall issue opinions in a form necessary to maintain
   91-4  that confidentiality.
   91-5        (b)  The commission may not issue an opinion that includes
   91-6  the name of any person who may be affected by the opinion.
   91-7        (c)  Subsections (a) and (b) do not apply to a person who
   91-8  requests an opinion and files written notice with the commission
   91-9  waiving the confidentiality of the person's identity.  (V.A.C.S.
  91-10  Art. 6252-9d.1, Secs. 1.29(c), (d) (part).)
  91-11        Sec. 571.094.  OPINION ISSUED ON INITIATIVE OF COMMISSION.
  91-12  On its own initiative, the commission may issue a written advisory
  91-13  opinion about the application of a law listed in Section 571.091 if
  91-14  a majority of the commission determines that an opinion would be in
  91-15  the public interest or in the interest of any person under the
  91-16  jurisdiction of the commission.  (V.A.C.S. Art. 6252-9d.1, Sec.
  91-17  1.29(d) (part).)
  91-18        Sec. 571.095.  MAINTENANCE OF OPINIONS; SUMMARY.  The
  91-19  commission shall number and categorize each advisory opinion issued
  91-20  and annually shall compile a summary of its opinions in a single
  91-21  reference document.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.29(e).)
  91-22        Sec. 571.096.  OPINION BY OTHER GOVERNMENTAL ENTITY.
  91-23  (a)  The authority of the commission to issue an advisory opinion
  91-24  does not affect the authority of the attorney general to issue an
  91-25  opinion as authorized by law.
  91-26        (b)  In issuing an opinion under this subchapter, the
  91-27  commission shall consider the opinions issued by the State Ethics
   92-1  Advisory Commission and the secretary of state that are not
   92-2  overruled by statute or rule of the commission.
   92-3        (c)  The commission shall rely on opinions issued by the
   92-4  attorney general and the courts of this state.  (V.A.C.S. Art.
   92-5  6252-9d.1, Secs. 1.29(f), (g).)
   92-6        Sec. 571.097.  DEFENSE FOR RELIANCE ON ADVISORY OPINION.  It
   92-7  is a defense to prosecution or to imposition of a civil penalty
   92-8  that the person reasonably relied on a written advisory opinion of
   92-9  the commission relating to the provision of the law the person is
  92-10  alleged to have violated or relating to a fact situation that is
  92-11  substantially similar to the fact situation in which the person is
  92-12  involved.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.30(a).)
  92-13        Sec. 571.098.  CONVERSION OF CONTRIBUTION TO PERSONAL USE.  A
  92-14  person involved in a transaction or activity that the commission
  92-15  concludes in an advisory opinion to be a conversion of a
  92-16  contribution to personal use in violation of Section 253.035,
  92-17  Election Code, is not civilly liable to the state if:
  92-18              (1)  before receiving the opinion, the person
  92-19  reasonably believed the transaction or activity did not constitute
  92-20  a conversion, taking into account prior opinions and rules of the
  92-21  commission; and
  92-22              (2)  on or before the 30th day after the date the
  92-23  opinion is published, the person:
  92-24                    (A)  returns to the political fund from which it
  92-25  was removed an amount equal to the amount converted; and
  92-26                    (B)  notifies the commission by certified mail
  92-27  that the person has returned the converted contribution as required
   93-1  by this section.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.30(b).)
   93-2         (Sections 571.099 to 571.120 reserved for expansion)
   93-3           SUBCHAPTER E.  COMPLAINT PROCEDURES AND HEARINGS
   93-4        Sec. 571.121.  GENERAL POWERS.  (a)  The commission may:
   93-5              (1)  hold hearings, on its own motion adopted by an
   93-6  affirmative record vote of at least six commission members or on a
   93-7  sworn complaint, and render decisions on complaints or reports of
   93-8  violations as provided by this chapter; and
   93-9              (2)  agree to the settlement of issues.
  93-10        (b)  The commission may not consider a complaint or vote to
  93-11  investigate a matter outside the commission's jurisdiction.
  93-12  (V.A.C.S. Art. 6252-9d.1, Secs. 1.11(b)(2), (3); (f).)
  93-13        Sec. 571.122.  FILING OF COMPLAINT; CONTENTS.  (a)  An
  93-14  individual may file with the commission a sworn complaint, on a
  93-15  form prescribed by the commission, alleging that a person subject
  93-16  to a law administered and enforced by the commission has violated a
  93-17  rule adopted by or a law administered and enforced by the
  93-18  commission.
  93-19        (b)  A complaint filed under this section must be in writing
  93-20  and under oath and must set forth in simple, concise, and direct
  93-21  statements:
  93-22              (1)  the name of the complainant;
  93-23              (2)  the street or mailing address of the complainant;
  93-24              (3)  the name of each respondent;
  93-25              (4)  the position or title of each respondent;
  93-26              (5)  the nature of the alleged violation, including if
  93-27  possible the specific rule or provision of law alleged to have been
   94-1  violated;
   94-2              (6)  a statement of the facts constituting the alleged
   94-3  violation and the dates on which or period of time in which the
   94-4  alleged violation occurred; and
   94-5              (7)  all documents or other material available to the
   94-6  complainant that are relevant to the allegation, a list of all
   94-7  documents or other material within the knowledge of the complainant
   94-8  and available to the complainant that are relevant to the
   94-9  allegation but that are not in the possession of the complainant,
  94-10  including the location of the documents, if known, and a list of
  94-11  all documents or other material within the knowledge of the
  94-12  complainant that are unavailable to the complainant and that are
  94-13  relevant to the complaint, including the location of the documents,
  94-14  if known.
  94-15        (c)  The complaint must be accompanied by an affidavit
  94-16  stating that the information contained in the complaint is either
  94-17  correct or that the complainant has good reason to believe and does
  94-18  believe that the violation occurred.  If the complaint is based on
  94-19  information and belief, the complaint shall state the source and
  94-20  basis of the information and belief.  The complainant may swear to
  94-21  the facts by oath before a notary public or other authorized
  94-22  official.
  94-23        (d)  The complaint must state on its face an allegation that,
  94-24  if true, constitutes a violation of a rule adopted by or a law
  94-25  administered and enforced by the commission.  (V.A.C.S. Art.
  94-26  6252-9d.1, Sec. 1.15.)
  94-27        Sec. 571.123.  PROCESSING OF COMPLAINT.  (a)  The commission
   95-1  shall determine whether a sworn complaint filed with the commission
   95-2  complies with the form requirements of Section 571.122.
   95-3        (b)  Not later than the 14th business day after the date a
   95-4  complaint is filed, the commission shall send written notice to the
   95-5  complainant and the respondent.  The notice must state whether the
   95-6  complaint complies with the form requirements of Section 571.122.
   95-7        (c)  If the commission determines that the complaint does not
   95-8  comply with the form requirements, the commission shall send the
   95-9  complaint to the complainant with the written notice, a statement
  95-10  explaining how the complaint fails to comply, and a copy of the
  95-11  rules for filing sworn complaints.  The complainant may resubmit
  95-12  the complaint not later than the 21st day after the date the notice
  95-13  under Subsection (b) is mailed.  If the commission determines that
  95-14  the complaint is not resubmitted within the 21-day period, the
  95-15  commission shall:
  95-16              (1)  dismiss the complaint; and
  95-17              (2)  not later than the fifth business day after the
  95-18  date of the dismissal, send written notice to the complainant and
  95-19  the respondent of the dismissal and the grounds for dismissal.
  95-20        (d)  If the commission determines that a complaint is
  95-21  resubmitted under Subsection (c) within the 21-day period but is
  95-22  not in proper form, the commission shall send the notice required
  95-23  under Subsection (c), and the complainant may resubmit the
  95-24  complaint under that subsection.
  95-25        (e)  If the commission determines that a complaint returned
  95-26  to the complainant under Subsection (c) or (d) is resubmitted
  95-27  within the 21-day period and that the complaint complies with the
   96-1  form requirements, the commission shall send the written notice
   96-2  under Subsection (b).  (V.A.C.S. Art. 6252-9d.1, Secs. 1.16(a)-(d),
   96-3  (e) (part).)
   96-4        Sec. 571.124.  PRELIMINARY REVIEW:  INITIATION.  (a)  The
   96-5  commission promptly shall conduct a preliminary review on receipt
   96-6  of a written complaint that is in compliance with the form
   96-7  requirements of Section 571.122.
   96-8        (b)  On a motion by an affirmative record vote of at least
   96-9  six commission members, the commission, without a sworn complaint,
  96-10  may initiate a preliminary review of the matter that is the subject
  96-11  of the motion.
  96-12        (c)  The commission by record vote shall determine whether
  96-13  the commission has jurisdiction over the violation of law alleged
  96-14  in a sworn complaint processed under Section 571.123.
  96-15        (d)  Not later than the fifth business day after the date of
  96-16  the commission's determination under Subsection (c), the commission
  96-17  shall send written notice to the complainant and the respondent
  96-18  stating whether the commission has jurisdiction over the violation
  96-19  alleged in the complaint.
  96-20        (e)  If the commission determines that the commission has
  96-21  jurisdiction, the notice must include:
  96-22              (1)  a copy of the complaint and the rules of procedure
  96-23  of the commission;
  96-24              (2)  a statement of the rights of the respondent;
  96-25              (3)  a statement inviting the respondent to provide to
  96-26  the commission any information relevant to the complaint; and
  96-27              (4)  the date the commission will begin a preliminary
   97-1  review of the complaint.
   97-2        (f)  If the commission determines that the commission does
   97-3  not have jurisdiction over the violation alleged in the complaint,
   97-4  the commission shall:
   97-5              (1)  dismiss the complaint; and
   97-6              (2)  not later than the fifth business day after the
   97-7  date of the dismissal, send to the complainant and the respondent
   97-8  written notice of the dismissal and the grounds for the dismissal.
   97-9  (V.A.C.S. Art. 6252-9d.1, Secs. 1.16(e) (part), 1.17(a)-(e).)
  97-10        Sec. 571.125.  PRELIMINARY REVIEW:  PROCEDURE.  (a)  During a
  97-11  preliminary review, the commission:
  97-12              (1)  may consider all submitted evidence related to the
  97-13  complaint or to the subject matter of a motion under Section
  97-14  571.124(b);
  97-15              (2)  may review any documents or material related to
  97-16  the complaint or to the motion; and
  97-17              (3)  shall determine whether there is credible evidence
  97-18  that provides cause for the commission to conclude that a violation
  97-19  within the jurisdiction of the commission has occurred.
  97-20        (b)  During a preliminary review, the respondent may appear
  97-21  before the commission with the assistance of counsel, if desired by
  97-22  the respondent, and present any relevant evidence, including a
  97-23  written statement.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.17(f).)
  97-24        Sec. 571.126.  PRELIMINARY REVIEW:  RESOLUTION.  (a)  As soon
  97-25  as practicable after the completion of a preliminary review, the
  97-26  commission by record vote shall issue a decision stating:
  97-27              (1)  whether there is credible evidence for the
   98-1  commission to determine that a violation within the jurisdiction of
   98-2  the commission has occurred; or
   98-3              (2)  that there is insufficient evidence for the
   98-4  commission to determine whether a violation within the jurisdiction
   98-5  of the commission has occurred.
   98-6        (b)  If the commission determines that there is credible
   98-7  evidence for the commission to determine that a violation has
   98-8  occurred, the commission shall resolve and settle the complaint or
   98-9  motion to the extent possible.  If the commission successfully
  98-10  resolves and settles the complaint or motion, not later than the
  98-11  fifth business day after the date of the final resolution of the
  98-12  complaint or motion, the commission shall send to the complainant,
  98-13  if any, and the respondent a copy of the decision stating the
  98-14  commission's determination and written notice of the resolution and
  98-15  the terms of the resolution.  If the commission is unsuccessful in
  98-16  resolving and settling the complaint or motion, the commission in
  98-17  its discretion shall:
  98-18              (1)  order an informal hearing to be held in accordance
  98-19  with Section 571.127; and
  98-20              (2)  not later than the fifth business day after the
  98-21  date of the decision, send to the complainant, if any, and the
  98-22  respondent a copy of the decision and written notice of the date,
  98-23  time, and place of the informal hearing.
  98-24        (c)  If the commission determines that there is credible
  98-25  evidence for the commission to determine that a violation within
  98-26  the jurisdiction of the commission has not occurred, the commission
  98-27  shall:
   99-1              (1)  dismiss the complaint or motion; and
   99-2              (2)  not later than the fifth business day after the
   99-3  date of the dismissal, send to the complainant, if any, and the
   99-4  respondent a copy of the decision stating the commission's
   99-5  determination and written notice of the dismissal and the grounds
   99-6  for dismissal.
   99-7        (d)  If the commission determines that there is insufficient
   99-8  credible evidence for the commission to determine that a violation
   99-9  within the jurisdiction of the commission has occurred, the
  99-10  commission may dismiss the complaint or motion or promptly conduct
  99-11  an informal hearing under Section 571.127.  Not later than the
  99-12  fifth business day after the date of the commission's determination
  99-13  under this subsection, the commission shall send to the
  99-14  complainant, if any, and the respondent a copy of the decision
  99-15  stating the commission's determination and written notice of the
  99-16  grounds for the determination.  (V.A.C.S. Art. 6252-9d.1, Sec.
  99-17  1.18.)
  99-18        Sec. 571.127.  INFORMAL HEARING:  PROCEDURE.  (a)  During an
  99-19  informal hearing, the commission:
  99-20              (1)  may consider all evidence related to a sworn
  99-21  complaint or to a motion under Section 571.124(b);
  99-22              (2)  may review any documents or materials related to
  99-23  the sworn complaint or motion;
  99-24              (3)  may submit written questions and require those
  99-25  questions to be answered under oath;
  99-26              (4)  may subpoena documents or materials related to the
  99-27  sworn complaint or motion; and
  100-1              (5)  shall determine by credible evidence for the
  100-2  commission to determine whether a violation within the jurisdiction
  100-3  of the commission has occurred.
  100-4        (b)  During an informal hearing, the respondent may appear
  100-5  before the commission with the assistance of counsel, if desired by
  100-6  the respondent, and present any relevant evidence, including a
  100-7  written statement.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.19.)
  100-8        Sec. 571.128.  INFORMAL HEARING:  RESOLUTION.  (a)  As soon
  100-9  as practicable after the completion of an informal hearing, the
 100-10  commission by record vote shall issue a decision stating whether
 100-11  there is credible evidence for the commission to determine that a
 100-12  violation has occurred and whether the violation is technical or de
 100-13  minimis.
 100-14        (b)  If the commission determines that there is credible
 100-15  evidence for the commission to determine that a violation has not
 100-16  occurred, the commission shall:
 100-17              (1)  dismiss the complaint or motion; and
 100-18              (2)  not later than the fifth business day after the
 100-19  date of the dismissal, send to the complainant, if any, and the
 100-20  respondent a copy of the decision stating the commission's
 100-21  determination and written notice of the dismissal and the grounds
 100-22  for dismissal.
 100-23        (c)  If the commission determines that there is credible
 100-24  evidence for the commission to determine that a violation has
 100-25  occurred, the commission shall resolve and settle the complaint or
 100-26  motion to the extent possible.  If the commission successfully
 100-27  resolves and settles the complaint or motion, not later than the
  101-1  fifth business day after the date of the final resolution of the
  101-2  complaint or motion, the commission shall send to the complainant,
  101-3  if any, and the respondent a copy of the decision stating the
  101-4  commission's determination and written notice of the resolution and
  101-5  the terms of the resolution.  If the commission is unsuccessful in
  101-6  resolving and settling the complaint or motion, the commission
  101-7  shall:
  101-8              (1)  order a formal hearing to be held in accordance
  101-9  with Sections 571.129 through 571.131; and
 101-10              (2)  not later than the fifth business day after the
 101-11  date of the decision, send to the complainant, if any, and the
 101-12  respondent a copy of the decision and written notice of the date,
 101-13  time, and place of the formal hearing, a statement of the nature of
 101-14  the alleged violation, and a description of the evidence of the
 101-15  alleged violation.
 101-16        (d)  A copy of the complaint or motion, the rules of
 101-17  procedure of the commission, and a statement of the rights of the
 101-18  respondent shall be sent with the notice required under Subsection
 101-19  (c)(2).  (V.A.C.S. Art. 6252-9d.1, Sec. 1.20.)
 101-20        Sec. 571.129.  FORMAL HEARING:  STANDARD OF EVIDENCE.  During
 101-21  a formal hearing, the commission shall determine by clear and
 101-22  convincing evidence whether a violation within the jurisdiction of
 101-23  the commission has occurred.  (V.A.C.S. Art. 6252-9d.1, Sec.
 101-24  1.22(a).)
 101-25        Sec. 571.130.  FORMAL HEARING:  SUBPOENAS AND WITNESSES.
 101-26  (a)  A subpoena or other request to testify shall be served
 101-27  sufficiently in advance of the scheduled appearance at a formal
  102-1  hearing to allow a reasonable period, as determined by the
  102-2  commission, for the person subpoenaed to prepare for the hearing
  102-3  and to employ counsel if desired.
  102-4        (b)  Except as provided by Section 571.131(a)(1), the
  102-5  commission may order that a person may not, except as specifically
  102-6  authorized by the presiding officer, make public the name of a
  102-7  witness subpoenaed by the commission before the date of that
  102-8  witness's scheduled appearance.
  102-9        (c)  A witness may read a written statement or present a
 102-10  brief oral opening statement at a formal hearing.
 102-11        (d)  A person whose name is mentioned or who is identified or
 102-12  referred to in testimony or in statements made by a commission
 102-13  member, staff member, or witness and who reasonably believes that
 102-14  the statement tends to adversely affect the person's reputation
 102-15  may:
 102-16              (1)  request to appear personally before the commission
 102-17  to testify in the person's own behalf; or
 102-18              (2)  file a sworn statement of facts relevant to the
 102-19  testimony or statement that the person believes adversely affects
 102-20  the person's reputation.
 102-21        (e)  A witness who testifies at a formal hearing must be
 102-22  sworn.  (V.A.C.S. Art. 6252-9d.1, Secs. 1.22(b)-(e), (h).)
 102-23        Sec. 571.131.  FORMAL HEARING:  PROCEDURE.  (a)  Not later
 102-24  than the fifth business day before the date of a scheduled formal
 102-25  hearing or on the granting of a motion for discovery by the
 102-26  respondent, the commission shall provide to the complainant, if
 102-27  any, and to the respondent:
  103-1              (1)  a list of proposed witnesses to be called at the
  103-2  hearing;
  103-3              (2)  copies of all documents expected to be introduced
  103-4  as exhibits at the hearing; and
  103-5              (3)  a brief statement as to the nature of the
  103-6  testimony expected to be given by each witness to be called at the
  103-7  hearing.
  103-8        (b)  The respondent may not be compelled to give evidence or
  103-9  testimony that violates the respondent's right against
 103-10  self-incrimination under the United States Constitution or the
 103-11  Texas Constitution.
 103-12        (c)  The commission shall adopt rules governing discovery,
 103-13  hearings, and related procedures consistent with this chapter and
 103-14  Chapter 2001.  (V.A.C.S. Art. 6252-9d.1, Secs. 1.22(f), (g), (i).)
 103-15        Sec. 571.132.  FORMAL HEARING:  RESOLUTION.  (a)  Not later
 103-16  than the 30th business day after the date the formal hearing is
 103-17  completed, the commission by motion shall issue:
 103-18              (1)  a final decision stating the resolution of the
 103-19  formal hearing; and
 103-20              (2)  a written report stating in detail the
 103-21  commission's findings of fact, conclusions of law, and
 103-22  recommendation of criminal referral or imposition of a civil
 103-23  penalty, if any.
 103-24        (b)  The motion must be adopted by record vote of at least
 103-25  six members if the final decision is that a violation has occurred
 103-26  or by five members if the final decision is that a violation has
 103-27  not occurred.
  104-1        (c)  Not later than the fifth business day after the date the
  104-2  commission issues the final decision and written report, the
  104-3  commission shall:
  104-4              (1)  send a copy of the decision and report to the
  104-5  complainant, if any, and to the respondent; and
  104-6              (2)  make a copy of the decision and report available
  104-7  to the public during reasonable business hours.  (V.A.C.S. Art.
  104-8  6252-9d.1, Sec. 1.23.)
  104-9        Sec. 571.133.  APPEAL OF FINAL DECISION.  (a)  To appeal a
 104-10  final decision of the commission, a person may file a petition in a
 104-11  district court in Travis County or in the county in which the
 104-12  respondent resides.
 104-13        (b)  The petition must be filed not later than the 30th
 104-14  business day after the date the person received the decision.
 104-15        (c)  Not later than the 30th day after the date on which the
 104-16  petition is filed, the respondent may request that the appeal be
 104-17  transferred to a district court in Travis County or in the county
 104-18  in which the respondent resides, as appropriate.  The court in
 104-19  which the appeal is originally filed shall transfer the appeal to a
 104-20  district court in the other county on receipt of the request.
 104-21        (d)  An appeal brought under this section is not limited to
 104-22  questions of law, and the substantial evidence rule does not apply.
 104-23  The action shall be determined by trial de novo.  The reviewing
 104-24  court shall try all issues of fact and law in the manner applicable
 104-25  to other civil suits in this state but may not admit in evidence
 104-26  the fact of prior action by the commission or the nature of that
 104-27  action, except to the limited extent necessary to show compliance
  105-1  with statutory provisions that vest jurisdiction in the court.  A
  105-2  party is entitled, on demand, to a jury determination of any issue
  105-3  of fact on which a jury determination is available in other civil
  105-4  suits in this state.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.24.)
  105-5        Sec. 571.134.  DELAY OF REFERRAL.  If an alleged violation
  105-6  involves an election in which the alleged violator is a candidate,
  105-7  a candidate's campaign treasurer, or the campaign treasurer of a
  105-8  political committee supporting or opposing a candidate and the
  105-9  complaint is filed within 60 days before the date of the election,
 105-10  the commission shall delay referral until:
 105-11              (1)  the day after election day;
 105-12              (2)  the day after runoff election day if an ensuing
 105-13  runoff involving the alleged violator is held; or
 105-14              (3)  the day after general election day if the election
 105-15  involved in the violation is a primary election and the alleged
 105-16  violator is involved in the succeeding general election.  (V.A.C.S.
 105-17  Art. 6252-9d.1, Sec. 1.26.)
 105-18        Sec. 571.135.  PUBLIC INTEREST INFORMATION; STATUS OF
 105-19  COMPLAINT.   (a)  The commission shall prepare information of
 105-20  public interest describing the functions of the commission and the
 105-21  procedures by which sworn or other complaints are filed with and
 105-22  resolved by the commission.  The commission shall make the
 105-23  information available to the public and appropriate state agencies.
 105-24        (b)  The commission shall keep an information file about each
 105-25  sworn or other complaint filed with the commission.  In addition to
 105-26  the notice required by Sections 571.124 through 571.132, the
 105-27  commission, at least quarterly and until final disposition of a
  106-1  complaint, shall notify the complainant and the respondent, if any,
  106-2  of the status of the sworn or other complaint.  (V.A.C.S. Art.
  106-3  6252-9d.1, Sec. 1.27.)
  106-4        Sec. 571.136.  EXTENSION OF DEADLINE.  The commission may, on
  106-5  its own motion or on the reasonable request of a respondent, extend
  106-6  any deadline for action relating to a sworn complaint, motion,
  106-7  preliminary review, informal hearing, or formal hearing.  (V.A.C.S.
  106-8  Art. 6252-9d.1, Sec. 1.25(b).)
  106-9        Sec. 571.137.  SUBPOENA.   (a)  In connection with an
 106-10  informal or a formal hearing, the commission, as authorized by this
 106-11  chapter, may subpoena and examine witnesses and documents that
 106-12  directly relate to a sworn complaint.  A copy of a subpoena of the
 106-13  commission must be delivered to the respondent.
 106-14        (b)  At the written request of at least six members of the
 106-15  commission, a peace officer shall serve a subpoena of the
 106-16  commission in the manner prescribed for service of a district court
 106-17  subpoena.
 106-18        (c)  If a person to whom a subpoena is directed refuses to
 106-19  appear, refuses to answer inquiries, or fails or refuses to produce
 106-20  books, records, or other documents that were under the person's
 106-21  control when the demand was made, the commission shall report that
 106-22  fact to a district court in Travis County.  The district court
 106-23  shall enforce the subpoena by attachment proceedings for contempt
 106-24  in the same manner as the court enforces a subpoena issued by the
 106-25  court.
 106-26        (d)  A respondent has the right to quash a subpoena as
 106-27  provided by law.
  107-1        (e)  A subpoenaed witness who attends a commission hearing is
  107-2  entitled to the same mileage and per diem payments as a witness who
  107-3  appears before a grand jury.  (V.A.C.S. Art. 6252-9d.1, Secs.
  107-4  1.11(b)(1), 1.14.)
  107-5        Sec. 571.138.  STATUS OF COMPLAINANT.  The complainant is not
  107-6  a party to a preliminary review, informal hearing, or formal
  107-7  hearing under this subchapter.  (V.A.C.S. Art. 6252-9d.1, Sec.
  107-8  1.25(c).)
  107-9        Sec. 571.139.  APPLICABILITY OF OTHER ACTS.  (a)  Except as
 107-10  provided by Section 571.140(b), Chapter 552 does not apply to
 107-11  documents or any additional evidence relating to the processing,
 107-12  preliminary review, informal hearing, or resolution of a sworn
 107-13  complaint or motion.
 107-14        (b)  Chapter 551 does not apply to the processing,
 107-15  preliminary review, informal hearing, or resolution of a sworn
 107-16  complaint or motion, but does apply to a formal hearing held under
 107-17  Sections 571.129 through 571.131.
 107-18        (c)  Subchapters C through H, Chapter 2001, apply only to a
 107-19  formal hearing under this subchapter, the resolution of a formal
 107-20  hearing, and the appeal of a final order of the commission, and
 107-21  only to the extent consistent with this chapter.  (V.A.C.S. Art.
 107-22  6252-9d.1, Secs. 1.21(b); 1.36(a) (part), (b).)
 107-23        Sec. 571.140.  CONFIDENTIALITY; OFFENSE.  (a)  Except as
 107-24  provided by Subsection (b), proceedings at a preliminary review or
 107-25  informal hearing performed by the commission, a sworn complaint,
 107-26  and documents and any additional evidence relating to the
 107-27  processing, preliminary review, informal hearing, or resolution of
  108-1  a sworn complaint or motion are confidential and may not be
  108-2  disclosed unless entered into the record of a formal hearing or a
  108-3  judicial proceeding, except that a document or statement that was
  108-4  previously public information remains public information.
  108-5        (b)  An order issued by the commission after the completion
  108-6  of a preliminary review or an informal hearing determining that a
  108-7  violation other than a technical or de minimis violation has
  108-8  occurred is not confidential.
  108-9        (c)  A person commits an offense if the person discloses
 108-10  information made confidential by this section.  An offense under
 108-11  this subsection is a Class A misdemeanor.
 108-12        (d)  In addition to other penalties, a person who discloses
 108-13  information made confidential by this section is civilly liable to
 108-14  the respondent in an amount equal to the greater of $10,000 or the
 108-15  amount of actual damages incurred by the respondent, including
 108-16  court costs and attorney fees.  (V.A.C.S. Art. 6252-9d.1, Secs.
 108-17  1.21(a), (c), (d), (e) (part).)
 108-18         (Sections 571.141 to 571.170 reserved for expansion)
 108-19                      SUBCHAPTER F.  ENFORCEMENT
 108-20        Sec. 571.171.  INITIATION AND REFERRAL.  On a motion adopted
 108-21  by an affirmative record vote of at least six commission members,
 108-22  the commission may initiate civil enforcement actions and refer
 108-23  matters to the appropriate prosecuting attorney for criminal
 108-24  prosecution.  (V.A.C.S. Art. 6252-9d.1, Sec. 1.11(b)(4).)
 108-25        Sec. 571.172.  ORDER.  The commission may:
 108-26              (1)  issue and enforce a cease and desist order to stop
 108-27  a violation; and
  109-1              (2)  issue an affirmative order to require compliance
  109-2  with the laws administered and enforced by the commission.
  109-3  (V.A.C.S. Art. 6252-9d.1, Secs. 1.28(a)(5), (6).)
  109-4        Sec. 571.173.  CIVIL PENALTY FOR DELAY OR VIOLATION.  The
  109-5  commission may impose a civil penalty of not more than $5,000 or
  109-6  triple the amount at issue under a law administered and enforced by
  109-7  the commission, whichever amount is more, for a delay in complying
  109-8  with a commission order or for a violation of a law administered
  109-9  and enforced by the commission.  (V.A.C.S. Art. 6252-9d.1, Sec.
 109-10  1.28(a)(1).)
 109-11        Sec. 571.174.  DENIAL, SUSPENSION, OR REVOCATION OF LOBBYIST
 109-12  REGISTRATION.  After a criminal conviction for an offense under
 109-13  Chapter 36 of the Penal Code or under Chapter 305, the commission
 109-14  may deny, suspend, or revoke the registration of a person required
 109-15  to be registered under Chapter 305.  (V.A.C.S. Art. 6252-9d.1, Sec.
 109-16  1.28(a)(3).)
 109-17        Sec. 571.175.  NOTIFICATION OF REGULATORY OR SUPERVISORY
 109-18  ENTITY.  The commission may notify the appropriate regulatory or
 109-19  supervisory entity, including any agency, the State Commission on
 109-20  Judicial Conduct, the senate, the house of representatives, or the
 109-21  State Bar of Texas, of a violation of a law administered and
 109-22  enforced by the commission.  (V.A.C.S. Art. 6252-9d.1, Sec.
 109-23  1.28(a)(4).)
 109-24        Sec. 571.176.  CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH
 109-25  COMPLAINT.  (a)  The commission may impose a civil penalty of not
 109-26  more than $10,000 for the filing of a frivolous or bad-faith
 109-27  complaint.  In this subsection, "frivolous complaint" means a
  110-1  complaint that is groundless and  brought in bad faith or is
  110-2  groundless and brought for the purpose of harassment.
  110-3        (b)  In addition to other penalties, a person who files a
  110-4  frivolous complaint is civilly liable to the respondent in an
  110-5  amount equal to the greater of $10,000 or the amount of actual
  110-6  damages incurred by the respondent, including court costs and
  110-7  attorney fees.  (V.A.C.S. Art. 6252-9d.1, Secs. 1.21(e) (part);
  110-8  1.28(a)(2), (b).)
  110-9        Sec. 571.177.  FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION.
 110-10  The commission shall consider the following factors in assessing a
 110-11  sanction:
 110-12              (1)  the seriousness of the violation, including the
 110-13  nature, circumstances, consequences, extent, and gravity of the
 110-14  violation;
 110-15              (2)  the history and extent of previous violations;
 110-16              (3)  the demonstrated good faith of the violator,
 110-17  including actions taken to rectify the consequences of the
 110-18  violation;
 110-19              (4)  the penalty necessary to deter future violations;
 110-20  and
 110-21              (5)  any other matters that justice may require.
 110-22  (V.A.C.S. Art. 6252-9d.1, Sec. 1.28(c).)
 110-23       CHAPTER 572.  PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
 110-24                   CONDUCT, AND CONFLICT OF INTEREST
 110-25                   SUBCHAPTER A.  GENERAL PROVISIONS
 110-26  Sec. 572.001.  POLICY; LEGISLATIVE INTENT
 110-27  Sec. 572.002.  GENERAL DEFINITIONS
  111-1  Sec. 572.003.  DEFINITION:  APPOINTED OFFICER OF MAJOR
  111-2                   STATE AGENCY
  111-3  Sec. 572.004.  DEFINITION:  REGULATION
  111-4  Sec. 572.005.  DETERMINATION OF SUBSTANTIAL INTEREST
  111-5  Sec. 572.006.  DETERMINATION OF DEPENDENT CHILD
  111-6  Sec. 572.007.  PENALTIES IMPOSED BY COMMISSION
  111-7  Sec. 572.008.  VENUE
  111-8         (Sections 572.009 to 572.020 reserved for expansion)
  111-9              SUBCHAPTER B.  PERSONAL FINANCIAL STATEMENT
 111-10  Sec. 572.021.  FINANCIAL STATEMENT REQUIRED
 111-11  Sec. 572.022.  REPORTING CATEGORIES
 111-12  Sec. 572.023.  CONTENTS OF FINANCIAL STATEMENT
 111-13                   IN GENERAL
 111-14  Sec. 572.024.  INFORMATION ABOUT SERVICES FOR LOBBYISTS
 111-15                   OR LOBBYIST EMPLOYERS
 111-16  Sec. 572.025.  INFORMATION ABOUT LEGISLATORS' REPRESENTATION
 111-17                   BEFORE EXECUTIVE STATE AGENCIES
 111-18  Sec. 572.026.  FILING DATES FOR STATE OFFICERS AND PARTY
 111-19                   CHAIRMEN
 111-20  Sec. 572.027.  FILING DATES FOR CANDIDATES
 111-21  Sec. 572.028.  DUPLICATE STATEMENTS
 111-22  Sec. 572.029.  TIMELINESS OF FILING
 111-23  Sec. 572.030.  PREPARATION AND MAILING OF FORMS
 111-24  Sec. 572.031.  DETERMINATION OF COMPLIANCE WITH SUBCHAPTER
 111-25  Sec. 572.032.  PUBLIC ACCESS TO STATEMENTS
 111-26  Sec. 572.033.  CIVIL PENALTY
 111-27  Sec. 572.034.  CRIMINAL PENALTY
  112-1         (Sections 572.035 to 572.050 reserved for expansion)
  112-2     SUBCHAPTER C.  STANDARDS OF CONDUCT AND CONFLICT OF INTEREST
  112-3                              PROVISIONS
  112-4  Sec. 572.051.  STANDARDS OF CONDUCT
  112-5  Sec. 572.052.  REPRESENTATION BY LEGISLATORS BEFORE STATE
  112-6                   AGENCIES; CRIMINAL OFFENSE
  112-7  Sec. 572.053.  VOTING BY LEGISLATORS ON CERTAIN MEASURES OR
  112-8                   BILLS; CRIMINAL OFFENSE
  112-9  Sec. 572.054.  REPRESENTATION BY FORMER OFFICER OR EMPLOYEE OF
 112-10                   REGULATORY AGENCY RESTRICTED;
 112-11                   CRIMINAL OFFENSE
 112-12  Sec. 572.055.  CERTAIN SOLICITATIONS OF REGULATED BUSINESS
 112-13                   ENTITIES PROHIBITED; CRIMINAL OFFENSE
 112-14  Sec. 572.056.  CONTRACTS BY STATE OFFICERS WITH GOVERNMENTAL
 112-15                   ENTITIES; CRIMINAL OFFENSE
 112-16  Sec. 572.057.  CERTAIN LEASES PROHIBITED
 112-17  Sec. 572.058.  PRIVATE INTEREST IN MEASURE OR DECISION;
 112-18                   DISCLOSURE; REMOVAL FROM OFFICE FOR
 112-19                   VIOLATION
 112-20       CHAPTER 572.  PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
 112-21                   CONDUCT, AND CONFLICT OF INTEREST
 112-22                   SUBCHAPTER A.  GENERAL PROVISIONS
 112-23        Sec. 572.001.  POLICY; LEGISLATIVE INTENT.  (a)  It is the
 112-24  policy of this state that a state officer or state employee may not
 112-25  have a direct or indirect interest, including financial and other
 112-26  interests, or engage in a business transaction or professional
 112-27  activity, or incur any obligation of any nature that is in
  113-1  substantial conflict with the proper discharge of the officer's or
  113-2  employee's duties in the public interest.
  113-3        (b)  To implement this policy and to strengthen the faith and
  113-4  confidence of the people of this state in state government, this
  113-5  chapter provides standards of conduct and disclosure requirements
  113-6  to be observed by persons owing a responsibility to the people and
  113-7  government of this state in the performance of their official
  113-8  duties.
  113-9        (c)  It is the intent of the legislature that this chapter
 113-10  serve not only as a guide for official conduct of those persons but
 113-11  also as a basis for discipline of those who refuse to abide by its
 113-12  terms.  (V.A.C.S. Art. 6252-9b, Sec. 1.)
 113-13        Sec. 572.002.  GENERAL DEFINITIONS.  In this chapter:
 113-14              (1)  "Appointed officer" means:
 113-15                    (A)  the secretary of state;
 113-16                    (B)  an individual appointed with the advice and
 113-17  consent of the senate to the governing board of a state-supported
 113-18  institution of higher education;
 113-19                    (C)  an officer of a state agency who is
 113-20  appointed for a  term of office specified by the Texas Constitution
 113-21  or a statute of this state, excluding an appointee to a vacated
 113-22  elective office; or
 113-23                    (D)  an individual who is a member of the
 113-24  governing board or commission of a state agency, who is not
 113-25  appointed, and who is not otherwise:
 113-26                          (i)  an elected officer;
 113-27                          (ii)  an officer described by Paragraphs
  114-1  (A) through (C); or
  114-2                          (iii)  an executive head of a state agency.
  114-3              (2)  "Business entity" means any entity recognized by
  114-4  law through which business for profit is conducted, including a
  114-5  sole proprietorship, partnership, firm, corporation, holding
  114-6  company, joint stock company, receivership, or trust.
  114-7              (3)  "Commission" means the Texas Ethics Commission.
  114-8              (4)  "Elected officer" means:
  114-9                    (A)  a member of the legislature;
 114-10                    (B)  an executive or judicial officer elected in
 114-11  a statewide election;
 114-12                    (C)  a judge of a court of appeals or of a
 114-13  district court;
 114-14                    (D)  a member of the State Board of Education; or
 114-15                    (E)  an individual appointed to fill a vacancy in
 114-16  an office or appointed to a newly created office who, if elected to
 114-17  the office instead of appointed, would be an elected officer under
 114-18  this subdivision.
 114-19              (5)  "Executive head of a state agency" means the
 114-20  director, executive director, commissioner, administrator, chief
 114-21  clerk, or other individual who is appointed by the governing body
 114-22  or highest officer of the state agency to act as the chief
 114-23  executive or administrative officer of the agency and who is not an
 114-24  appointed officer.  The term includes the chancellor or highest
 114-25  executive officer of a university system and the president of a
 114-26  public senior college or university as defined by Section 61.003,
 114-27  Education Code.
  115-1              (6)  "Party chairman" means the state chairman of any
  115-2  political party receiving more than two percent of the vote for
  115-3  governor in the most recent general election.
  115-4              (7)  "Person" means an individual or a business entity.
  115-5              (8)  "Regulatory agency" means any department,
  115-6  commission, board, or other agency, except the secretary of state
  115-7  and the comptroller, that:
  115-8                    (A)  is in the executive branch of state
  115-9  government;
 115-10                    (B)  has authority that is not limited to a
 115-11  geographical portion of the state;
 115-12                    (C)  was created by the Texas Constitution or a
 115-13  statute of this state; and
 115-14                    (D)  has constitutional or statutory authority to
 115-15  engage in regulation.
 115-16              (9)  "Salaried appointed officer" means an appointed
 115-17  officer who receives or is authorized to receive a salary for state
 115-18  service but not a per diem or other form of compensation.
 115-19              (10)  "State agency" means:
 115-20                    (A)  a department, commission, board, office, or
 115-21  other agency that:
 115-22                          (i)  is in the executive branch of state
 115-23  government;
 115-24                          (ii)  has authority that is not limited to
 115-25  a geographical portion of the state; and
 115-26                          (iii)  was created by the Texas
 115-27  Constitution or a statute of this state;
  116-1                    (B)  a university system or an institution of
  116-2  higher education as defined by Section 61.003, Education Code,
  116-3  other than a public junior college; or
  116-4                    (C)  a river authority created under the Texas
  116-5  Constitution or a  statute of this state.
  116-6              (11)  "State employee" means an individual, other than
  116-7  a state officer, who is employed by:
  116-8                    (A)  a state agency;
  116-9                    (B)  the Supreme Court of Texas, the Court of
 116-10  Criminal Appeals of Texas, a court of appeals, or the Texas
 116-11  Judicial Council; or
 116-12                    (C)  either house of the legislature or a
 116-13  legislative agency, council, or committee, including the
 116-14  Legislative Budget Board, the Texas Legislative Council, the State
 116-15  Auditor's Office, and the Legislative Reference Library.
 116-16              (12)  "State officer" means an elected officer, an
 116-17  appointed officer, a salaried appointed officer, an appointed
 116-18  officer of a major state agency, or the executive head of a state
 116-19  agency.  (V.A.C.S. Art. 6252-9b, Secs. 2(1), (2), (3), (4), (6),
 116-20  (7), (8), (9), (11), (13), (15), (16).)
 116-21        Sec. 572.003.  DEFINITION:  APPOINTED OFFICER OF MAJOR STATE
 116-22  AGENCY.  (a)  In this chapter, "appointed officer of a major state
 116-23  agency" means an individual listed in Subsection (b) or (c).
 116-24        (b)  The term means:
 116-25              (1)  the Banking Commissioner of The Banking Department
 116-26  of Texas;
 116-27              (2)  the fire fighters' pension commissioner;
  117-1              (3)  the administrative director of the Office of Court
  117-2  Administration of the Texas Judicial System;
  117-3              (4)  the chief executive of the Office of Public
  117-4  Utility Counsel;
  117-5              (5)  the executive director of the State Bar of Texas;
  117-6              (6)  the director of the lottery division in the office
  117-7  of the comptroller;
  117-8              (7)  the deputy in charge of the department of security
  117-9  in the lottery division in the office of the comptroller; or
 117-10              (8)  the secretary of state.
 117-11        (c)  The term means a member of:
 117-12              (1)  the Public Utility Commission of Texas;
 117-13              (2)  the Texas Department of Commerce;
 117-14              (3)  the Texas Natural Resource Conservation
 117-15  Commission;
 117-16              (4)  the Texas Alcoholic Beverage Commission;
 117-17              (5)  The Finance Commission of Texas;
 117-18              (6)  the General Services Commission;
 117-19              (7)  the Texas Board of Criminal Justice;
 117-20              (8)  the board of trustees of the Employees Retirement
 117-21  System of Texas;
 117-22              (9)  the Texas Transportation Commission;
 117-23              (10)  the Texas Workers' Compensation Commission;
 117-24              (11)  the State Board of Insurance;
 117-25              (12)  the Parks and Wildlife Commission;
 117-26              (13)  the Public Safety Commission;
 117-27              (14)  the Texas Ethics Commission;
  118-1              (15)  the State Securities Board;
  118-2              (16)  the Texas Water Development Board;
  118-3              (17)  the governing board of a public senior college or
  118-4  university as defined by Section 61.003, Education Code, or of The
  118-5  University of Texas Southwestern Medical Center at Dallas, The
  118-6  University of Texas Medical Branch at Galveston, The University of
  118-7  Texas Health Science Center at Houston, The University of Texas
  118-8  Health Science Center at San Antonio, The University of Texas
  118-9  System Cancer Center, The University of Texas Health Science Center
 118-10  at Tyler, Texas College of Osteopathic Medicine, Texas Tech
 118-11  University Health Sciences Center, Texas State Technical
 118-12  Institute--Amarillo, Texas State Technical Institute--Harlingen,
 118-13  Texas State Technical Institute--Sweetwater, or Texas State
 118-14  Technical Institute--Waco;
 118-15              (18)  the Texas Higher Education Coordinating Board;
 118-16              (19)  the Texas Employment Commission;
 118-17              (20)  the State Banking Board;
 118-18              (21)  the board of trustees of the Teachers Retirement
 118-19  System of Texas;
 118-20              (22)  the Credit Union Commission;
 118-21              (23)  the School Land Board;
 118-22              (24)  the board of the Texas Department of Housing and
 118-23  Community Affairs;
 118-24              (25)  the Texas Racing Commission;
 118-25              (26)  the State Board of Dental Examiners;
 118-26              (27)  the Texas Board of Licensure for Nursing Home
 118-27  Administrators;
  119-1              (28)  the Texas State Board of Medical Examiners;
  119-2              (29)  the Board of Pardons and Paroles;
  119-3              (30)  the State Board of Pharmacy;
  119-4              (31)  the Department of Information Resources governing
  119-5  board;
  119-6              (32)  the Motor Vehicle Board;
  119-7              (33)  the Texas Real Estate Commission;
  119-8              (34)  the board of directors of the State Bar of Texas;
  119-9              (35)  the bond review board;
 119-10              (36)  the Texas Board of Health;
 119-11              (37)  the Texas Board of Mental Health and Mental
 119-12  Retardation;
 119-13              (38)  the Texas Board on Aging;
 119-14              (39)  the Texas Board of Human Services;
 119-15              (40)  the Texas Funeral Service Commission; or
 119-16              (41)  the board of directors of a river authority
 119-17  created under the Texas Constitution or a statute of this state.
 119-18        (d)  The term includes the successor in function as provided
 119-19  by law to an office listed in Subsection (b) or (c) if that office
 119-20  is abolished.  (V.A.C.S. Art. 6252-9b, Secs. 2(5)(A), (B).)
 119-21        Sec. 572.004.  DEFINITION:  REGULATION.  In this chapter,
 119-22  "regulation" means rulemaking, adjudication, or licensing.  In this
 119-23  definition:
 119-24              (1)  "Adjudication" means the process of an agency for
 119-25  formulating an order.
 119-26              (2)  "License" includes all or part of an agency
 119-27  permit, certificate, approval, registration, charter, membership,
  120-1  statutory exemption, or other form of permission.
  120-2              (3)  "Licensing" includes the process of an agency
  120-3  concerning the grant, renewal, denial, revocation, suspension,
  120-4  annulment, withdrawal, limitation, amendment, modification, or
  120-5  conditioning of a license.
  120-6              (4)  "Order" means all or part of a final disposition,
  120-7  whether affirmative, negative, injunctive, or declaratory in form,
  120-8  of an agency in a matter other than rulemaking but including
  120-9  licensing.
 120-10              (5)  "Rule" means all or part of an agency statement of
 120-11  general or particular applicability and future effect designed to
 120-12  implement, interpret, or prescribe law or policy or to describe the
 120-13  organization, procedure, or practice requirements of an agency.
 120-14  (V.A.C.S. Art. 6252-9b, Sec. 2(10).)
 120-15        Sec. 572.005.  DETERMINATION OF SUBSTANTIAL INTEREST.  An
 120-16  individual has a substantial interest in a business entity if the
 120-17  individual:
 120-18              (1)  has a controlling interest in the business entity;
 120-19              (2)  owns more than 10 percent of the voting interest
 120-20  in the business entity;
 120-21              (3)  owns more than $25,000 of the fair market value of
 120-22  the business entity;
 120-23              (4)  has a direct or indirect participating interest by
 120-24  shares, stock, or otherwise, regardless of whether voting rights
 120-25  are included, in more than 10 percent of the profits, proceeds, or
 120-26  capital gains of the business entity;
 120-27              (5)  is a member of the board of directors or other
  121-1  governing board of the business entity;
  121-2              (6)  serves as an elected officer of the business
  121-3  entity; or
  121-4              (7)  is an employee of the business entity.  (V.A.C.S.
  121-5  Art. 6252-9b, Sec. 2(12).)
  121-6        Sec. 572.006.  DETERMINATION OF DEPENDENT CHILD.  An
  121-7  individual's child, including an adopted child or stepchild, is the
  121-8  individual's dependent during a calendar year in which the
  121-9  individual provides more than 50 percent of the child's support.
 121-10  (V.A.C.S. Art. 6252-9b, Sec. 2(14).)
 121-11        Sec. 572.007.  PENALTIES IMPOSED BY COMMISSION.  This chapter
 121-12  does not prohibit the imposition of civil penalties by the
 121-13  commission in addition to criminal penalties or other sanctions
 121-14  imposed by law.  (V.A.C.S. Art. 6252-9b, Sec. 12B.)
 121-15        Sec. 572.008.  VENUE.  An offense under this chapter,
 121-16  including perjury, may be prosecuted in Travis County or in any
 121-17  other county in which it may be prosecuted under the Code of
 121-18  Criminal Procedure.  (V.A.C.S. Art. 6252-9b, Sec. 11.)
 121-19         (Sections 572.009 to 572.020 reserved for expansion)
 121-20              SUBCHAPTER B.  PERSONAL FINANCIAL STATEMENT
 121-21        Sec. 572.021.  FINANCIAL STATEMENT REQUIRED.  A state
 121-22  officer, a partisan or independent candidate for an office as an
 121-23  elected officer, and a party chairman shall file with the
 121-24  commission a verified financial statement complying with Sections
 121-25  572.022 through 572.025.  (V.A.C.S. Art. 6252-9b, Secs. 3(a)
 121-26  (part), (d) (part); 4(d).)
 121-27        Sec. 572.022.  REPORTING CATEGORIES.  (a)  If an amount in a
  122-1  financial statement is required to be reported by category, the
  122-2  individual filing the statement shall report whether the amount is:
  122-3              (1)  less than $5,000;
  122-4              (2)  at least $5,000 but less than $10,000;
  122-5              (3)  at least $10,000 but less than $25,000; or
  122-6              (4)  $25,000 or more.
  122-7        (b)  The individual filing the statement shall report an
  122-8  amount of stock by category of number of shares instead of by
  122-9  category of dollar value and shall report whether the amount is:
 122-10              (1)  less than 100 shares;
 122-11              (2)  at least 100 but less than 500 shares;
 122-12              (3)  at least 500 but less than 1,000 shares;
 122-13              (4)  at least 1,000 but less than 5,000 shares;
 122-14              (5)  at least 5,000 but less than 10,000 shares; or
 122-15              (6)  10,000 shares or more.
 122-16        (c)  The individual filing the statement shall report a
 122-17  description of real property by the number of lots or number of
 122-18  acres, as applicable, in each county, the name of the county, and
 122-19  the names of all persons retaining an interest in the property,
 122-20  excluding an interest that is a severed mineral interest.
 122-21  (V.A.C.S. Art. 6252-9b, Sec. 4(b).)
 122-22        Sec. 572.023.  CONTENTS OF FINANCIAL STATEMENT IN GENERAL.
 122-23  (a)  A financial statement must include an account of the financial
 122-24  activity of the individual required by this subchapter to file a
 122-25  financial statement and an account of the financial activity of the
 122-26  individual's spouse and dependent children if the individual had
 122-27  actual control over that activity for the preceding calendar year.
  123-1        (b)  The account of financial activity consists of:
  123-2              (1)  a list of all sources of occupational income,
  123-3  identified by employer, or if self-employed, by the nature of the
  123-4  occupation, including identification of a person or other
  123-5  organization from which the individual or a business in which the
  123-6  individual has a substantial interest received a fee as a retainer
  123-7  for a claim on future services in case of need, as distinguished
  123-8  from a fee for services on a matter specified at the time of
  123-9  contracting for or receiving the fee, if professional or
 123-10  occupational services are not actually performed during the
 123-11  reporting period equal to or in excess of the amount of the
 123-12  retainer, and the category of the amount of the fee;
 123-13              (2)  identification by name and the category of the
 123-14  number of shares of stock of any business entity held or acquired,
 123-15  and if sold, the category of the amount of net gain or loss
 123-16  realized from the sale;
 123-17              (3)  a list of all bonds, notes, and other commercial
 123-18  paper held or acquired, and if sold, the category of the amount of
 123-19  net gain or loss realized from the sale;
 123-20              (4)  identification of each source and the category of
 123-21  the amount of income in excess of $500 derived from each source
 123-22  from interest, dividends, royalties, and rents;
 123-23              (5)  identification of each guarantor of a loan and
 123-24  identification of each person or financial institution to whom a
 123-25  personal note or notes or lease agreement for a total financial
 123-26  liability in excess of $1,000 existed at any time during the year
 123-27  and the category of the amount of the liability;
  124-1              (6)  identification by description of all beneficial
  124-2  interests in real property and business entities held or acquired,
  124-3  and if sold, the category of the amount of the net gain or loss
  124-4  realized from the sale;
  124-5              (7)  identification of a person or other organization
  124-6  from which the individual or the individual's spouse or dependent
  124-7  children received a gift of anything of value in excess of $250 and
  124-8  a description of each gift, except:
  124-9                    (A)  a gift received from an individual related
 124-10  to the individual at any time within the second degree by
 124-11  consanguinity or affinity, as determined under Subchapter A,
 124-12  Chapter 573;
 124-13                    (B)  a political contribution that was reported
 124-14  as required by law; and
 124-15                    (C)  an expenditure required to be reported by a
 124-16  person required to be registered under Chapter 305;
 124-17              (8)  identification of the source and the category of
 124-18  the amount of all income received as beneficiary of a trust and
 124-19  identification of each asset, if known to the beneficiary, from
 124-20  which income was received by the beneficiary in excess of $500;
 124-21              (9)  identification by description and the category of
 124-22  the amount of all assets and liabilities of a corporation or
 124-23  partnership in which 50 percent or more of the outstanding
 124-24  ownership was held, acquired, or sold;
 124-25              (10)  a list of all boards of directors of which the
 124-26  individual is a member and executive positions that the individual
 124-27  holds in corporations, firms, partnerships, or proprietorships,
  125-1  stating the name of each corporation, firm, partnership, or
  125-2  proprietorship and the position held;
  125-3              (11)  identification of any person providing
  125-4  transportation, meals, or lodging expenses permitted under Section
  125-5  36.07(b), Penal Code, and the amount of those expenses, other than
  125-6  expenditures required to be reported under Chapter 305; and
  125-7              (12)  any partnership, joint venture, or other business
  125-8  association, excluding a publicly held corporation, in which both
  125-9  the state officer and a person registered under Chapter 305 have an
 125-10  interest.  (V.A.C.S. Art. 6252-9b, Secs. 4(a), (c).)
 125-11        Sec. 572.024.  INFORMATION ABOUT SERVICES FOR LOBBYISTS OR
 125-12  LOBBYIST EMPLOYERS.  A state officer who receives a fee for
 125-13  services rendered by the officer to or on behalf of a person
 125-14  required to be registered under Chapter 305, or to or on behalf of
 125-15  a person or entity that the officer actually knows directly
 125-16  compensates or reimburses a person required to be registered under
 125-17  Chapter 305, shall report on the financial statement the name of
 125-18  each person or entity for which the services were rendered and the
 125-19  category of the amount of each fee.  (V.A.C.S. Art. 6252-9b, Sec.
 125-20  4(f).)
 125-21        Sec. 572.025.  INFORMATION ABOUT LEGISLATORS' REPRESENTATION
 125-22  BEFORE EXECUTIVE STATE AGENCIES.  A member of the legislature who
 125-23  represents another person for compensation before an executive
 125-24  state agency shall report on the financial statement:
 125-25              (1)  the name of the agency;
 125-26              (2)  the person represented by the member; and
 125-27              (3)  the category of the amount of compensation
  126-1  received by the member for that representation.  (V.A.C.S. Art.
  126-2  6252-9b, Sec. 4(g).)
  126-3        Sec. 572.026.  FILING DATES FOR STATE OFFICERS AND PARTY
  126-4  CHAIRMEN.  (a)  Not later than April 30 each year, a state officer
  126-5  or a party chairman shall file the financial statement as required
  126-6  by this subchapter.
  126-7        (b)  An individual who is appointed to serve as a salaried
  126-8  appointed officer or an appointed officer of a major state agency
  126-9  or who is appointed to fill a vacancy in an elective office shall
 126-10  file a financial statement not later than the 30th day after the
 126-11  date of appointment or the date of qualification for the office, or
 126-12  if confirmation by the senate is required, before the confirmation,
 126-13  whichever date is earlier.
 126-14        (c)  An individual who is appointed or employed as the
 126-15  executive head of a state agency shall file a financial statement
 126-16  not later than the 45th day after the date on which the individual
 126-17  assumes the duties of the position.  A state agency shall
 126-18  immediately notify the commission of the appointment or employment
 126-19  of an executive head of the agency.
 126-20        (d)  An individual required to file a financial statement
 126-21  under Subsection (a) may request the commission to grant an
 126-22  extension of not more than 60 days for filing the statement.  The
 126-23  commission shall grant the request if it is received before the
 126-24  filing deadline or if a timely filing or request for extension is
 126-25  prevented because of physical or mental incapacity.  The commission
 126-26  may not grant more than one extension to an individual in one year
 126-27  except for good cause shown.  (V.A.C.S. Art. 6252-9b, Secs. 3(a),
  127-1  (b), (c), (h).)
  127-2        Sec. 572.027.  FILING DATES FOR CANDIDATES.  (a)  Not later
  127-3  than the 40th day after the date of the regular filing deadline for
  127-4  an application for a place on the ballot in the general primary
  127-5  election, an individual who is a partisan or independent candidate
  127-6  for an office as an elected officer shall file the financial
  127-7  statement required by this subchapter.
  127-8        (b)  If the deadline under which a candidate files an
  127-9  application for a place on the ballot, other than the regular
 127-10  filing deadline for an independent candidate, or files a
 127-11  declaration of write-in candidacy falls after the date of the
 127-12  regular filing deadline for candidates in the general primary
 127-13  election, the candidate shall file the financial statement not
 127-14  later than the 30th day after that later deadline.  However, if
 127-15  that deadline falls not later than the 35th day after the date on
 127-16  which the election in which the candidate is running, the candidate
 127-17  shall file the statement not later than the fifth day before the
 127-18  date of that election.
 127-19        (c)  An individual who is a candidate in a special election
 127-20  for an office as an elected officer shall file the financial
 127-21  statement not later than the fifth day before the date of that
 127-22  election.
 127-23        (d)  An individual nominated to fill a vacancy in a
 127-24  nomination as a candidate for a position as an elected officer
 127-25  under Chapter 145, Election Code, shall file the financial
 127-26  statement not later than the 15th day after the date the
 127-27  certificate of nomination required by Section 145.037 or 145.038,
  128-1  Election Code, is filed.  (V.A.C.S. Art. 6252-9b, Secs. 3(d)
  128-2  (part), (f) (part).)
  128-3        Sec. 572.028.  DUPLICATE STATEMENTS.  If an individual has
  128-4  filed a financial statement under one provision of this subchapter
  128-5  covering the preceding calendar year, the individual is not
  128-6  required to file a financial statement required under another
  128-7  provision of this subchapter to cover that same year if, before the
  128-8  deadline for filing the statement under the other provision, the
  128-9  individual notifies the commission in writing that the individual
 128-10  has already filed a financial statement under the provision
 128-11  specified.  (V.A.C.S. Art. 6252-9b, Sec. 3(g).)
 128-12        Sec. 572.029.  TIMELINESS OF FILING.  (a)  The deadline for
 128-13  filing a financial statement required by this subchapter is 5 p.m.
 128-14  of the last day designated in the applicable provision for filing
 128-15  the statement.
 128-16        (b)  If the last day for filing the financial statement is a
 128-17  Saturday, Sunday, or holiday included under Subchapter B, Chapter
 128-18  662, the statement is timely if filed on the next day that is not a
 128-19  Saturday, Sunday, or listed holiday.
 128-20        (c)  A financial statement is timely filed if it is properly
 128-21  addressed and placed in the United States Post Office or in the
 128-22  hands of a common or contract carrier not later than the last day
 128-23  for filing the financial statement.  The post office cancellation
 128-24  mark or the receipt mark of a common or contract carrier is prima
 128-25  facie evidence of the date the statement was deposited with the
 128-26  post office or carrier.  The individual filing the statement may
 128-27  show by competent evidence that the actual date of posting was
  129-1  different from that shown by the marks.  (V.A.C.S. Art. 6252-9b,
  129-2  Sec. 3(i).)
  129-3        Sec. 572.030.  PREPARATION AND MAILING OF FORMS.  (a)  The
  129-4  commission shall design forms that may be used for filing the
  129-5  financial statement under this subchapter.
  129-6        (b)  The commission shall mail two copies of the financial
  129-7  statement form to each individual required to file under this
  129-8  subchapter.
  129-9        (c)  The copies must be mailed:
 129-10              (1)  before the 30th day before the deadline for filing
 129-11  the financial statement under Section 572.026(a) or (c), except as
 129-12  otherwise provided by this subsection;
 129-13              (2)  not later than the 15th day after the applicable
 129-14  filing deadline for candidates required to file under Section
 129-15  572.027(a), (b), or (c);
 129-16              (3)  not later than the seventh day after the date of
 129-17  appointment for individuals required to file under Section
 129-18  572.026(b), or if the legislature is in session, sooner if
 129-19  possible; and
 129-20              (4)  not later than the fifth day after the date the
 129-21  certificate of nomination is filed for candidates required to file
 129-22  under Section 574.027(d).  (V.A.C.S. Art. 6252-9b, Secs. 3(e), (f)
 129-23  (part); 4(e).)
 129-24        Sec. 572.031.  DETERMINATION OF COMPLIANCE WITH SUBCHAPTER.
 129-25  (a)  The commission shall conduct a continuing survey to determine
 129-26  whether all individuals required to file financial statements under
 129-27  this subchapter have filed statements in compliance with this
  130-1  subchapter.
  130-2        (b)  If the commission determines that an individual has
  130-3  failed to file the statement in compliance with this subchapter,
  130-4  the commission shall send a written statement of the determination
  130-5  to the appropriate prosecuting attorneys of the state.  (V.A.C.S.
  130-6  Art. 6252-9b, Sec. 12.)
  130-7        Sec. 572.032.  PUBLIC ACCESS TO STATEMENTS.  (a)  Financial
  130-8  statements filed under this subchapter are public records.  The
  130-9  commission shall maintain the statements in separate alphabetical
 130-10  files and in a manner that is accessible to the public during
 130-11  regular office hours.
 130-12        (b)  During the one-year period following the filing of a
 130-13  financial statement, each time a person requests to see the
 130-14  financial statement, excluding the commission or a commission
 130-15  employee acting on official business, the commission shall place in
 130-16  the file a statement of the person's name and address, whom the
 130-17  person represents, and the date of the request.  The commission
 130-18  shall retain that statement in the file for one year after the date
 130-19  the requested financial statement is filed.
 130-20        (c)  After the second anniversary of the date the individual
 130-21  ceases to be a state officer, the commission may and on
 130-22  notification from the former state officer shall destroy each
 130-23  financial statement filed by the state officer.  (V.A.C.S. Art.
 130-24  6252-9b, Sec. 9.)
 130-25        Sec. 572.033.  CIVIL PENALTY.  (a)  The commission shall
 130-26  determine from any available evidence whether a statement required
 130-27  to be filed under this subchapter is late.  On making a
  131-1  determination that the statement is late, the commission shall
  131-2  immediately mail a notice of the determination to the individual
  131-3  responsible for filing the statement and to the appropriate
  131-4  attorney for the state.
  131-5        (b)  If a statement is determined to be late, the individual
  131-6  responsible for filing the statement is civilly liable to the state
  131-7  for an amount determined by commission rule, but not to exceed $100
  131-8  for each day that the statement is late.  If a statement is more
  131-9  than 30 days late, the commission shall issue a warning of
 131-10  liability by registered mail to the individual responsible for the
 131-11  filing.  If the penalty is not paid before the 10th day after the
 131-12  date on which the warning is received, the individual is liable for
 131-13  a civil penalty in an amount determined by commission rule, but not
 131-14  to exceed $10,000.
 131-15        (c)  This section is cumulative of any other available
 131-16  sanction for a late filing of a sworn statement.  (V.A.C.S. Art.
 131-17  6252-9b, Secs. 12A(a), (b), (d).)
 131-18        Sec. 572.034.  CRIMINAL PENALTY.  (a)  An individual commits
 131-19  an offense if the individual is a state officer, candidate, or
 131-20  party chairman and knowingly and wilfully fails to file a financial
 131-21  statement as required by this subchapter.
 131-22        (b)  An offense under this section is a Class B misdemeanor.
 131-23        (c)  In a prosecution for failure to file a financial
 131-24  statement under this section, it is a defense that the individual
 131-25  did not receive copies of the financial statement form required by
 131-26  this subchapter to be mailed to the individual.  (V.A.C.S. Art.
 131-27  6252-9b, Sec. 10.)
  132-1         (Sections 572.035 to 572.050 reserved for expansion)
  132-2           SUBCHAPTER C.  STANDARDS OF CONDUCT AND CONFLICT
  132-3                        OF INTEREST PROVISIONS
  132-4        Sec. 572.051.  STANDARDS OF CONDUCT.  A state officer or
  132-5  employee should not:
  132-6              (1)  accept or solicit any gift, favor, or service that
  132-7  might reasonably tend to influence the officer or employee in the
  132-8  discharge of official duties or that the officer or employee knows
  132-9  or should know is being offered with the intent to influence the
 132-10  officer's or employee's official conduct;
 132-11              (2)  accept other employment or engage in a business or
 132-12  professional activity that the officer or employee might reasonably
 132-13  expect would require or induce the officer or employee to disclose
 132-14  confidential information acquired by reason of the official
 132-15  position;
 132-16              (3)  accept other employment or compensation that could
 132-17  reasonably be expected to impair the officer's or employee's
 132-18  independence of judgment in the performance of the officer's or
 132-19  employee's official duties;
 132-20              (4)  make personal investments that could reasonably be
 132-21  expected to create a substantial conflict between the officer's or
 132-22  employee's private interest and the public interest; or
 132-23              (5)  intentionally or knowingly solicit, accept, or
 132-24  agree to accept any benefit for having exercised the officer's or
 132-25  employee's official powers or performed the officer's or employee's
 132-26  official duties in favor of another.  (V.A.C.S. Art. 6252-9b, Sec.
 132-27  8.)
  133-1        Sec. 572.052.  REPRESENTATION BY LEGISLATORS BEFORE STATE
  133-2  AGENCIES; CRIMINAL OFFENSE.  (a)  A member of the legislature may
  133-3  not, for compensation, represent another person before a state
  133-4  agency in the executive branch of state government unless:
  133-5              (1)  the representation is made in a proceeding that is
  133-6  adversary in nature or in another public hearing that is a matter
  133-7  of record; or
  133-8              (2)  the representation involves the filing of
  133-9  documents, contacts with the agency, or other relations, that
 133-10  involve only ministerial acts on the part of the commission,
 133-11  agency, board, department, or officer.
 133-12        (b)  A member of the legislature commits an offense if the
 133-13  member violates this section.  An offense under this subsection is
 133-14  a Class A misdemeanor.  (V.A.C.S. Art. 6252-9b, Secs. 7(a), (e).)
 133-15        Sec. 572.053.  VOTING BY LEGISLATORS ON CERTAIN MEASURES OR
 133-16  BILLS; CRIMINAL OFFENSE.  (a)  A member of the legislature may not
 133-17  vote on a measure or a bill, other than a measure that will affect
 133-18  an entire class of business entities, that will directly benefit a
 133-19  specific business transaction of a business entity in which the
 133-20  member has a controlling interest.
 133-21        (b)  In this section, "controlling interest" includes:
 133-22              (1)  an ownership interest or participating interest by
 133-23  virtue of shares, stock, or otherwise that exceeds 10 percent;
 133-24              (2)  membership on the board of directors or other
 133-25  governing body of the business entity; or
 133-26              (3)  service as an officer of the business entity.
 133-27        (c)  A member of the legislature commits an offense if the
  134-1  member violates this section.  An offense under this subsection is
  134-2  a Class A misdemeanor.  (V.A.C.S. Art. 6252-9b, Secs. 7(b), (c),
  134-3  (d), (e).)
  134-4        Sec. 572.054.  REPRESENTATION BY FORMER OFFICER OR EMPLOYEE
  134-5  OF REGULATORY AGENCY RESTRICTED; CRIMINAL OFFENSE.  (a)  A former
  134-6  member of the governing body or a former executive head of a
  134-7  regulatory agency may not make any communication to or appearance
  134-8  before an officer or employee of the agency in which the member or
  134-9  executive head served before the second anniversary of the date the
 134-10  member or executive head ceased to be a member of the governing
 134-11  body or the executive head of the agency if the communication or
 134-12  appearance is made:
 134-13              (1)  with the intent to influence; and
 134-14              (2)  on behalf of any person in connection with any
 134-15  matter on which the person seeks official action.
 134-16        (b)  A former state officer or employee of a regulatory
 134-17  agency who ceases service or employment with that agency on or
 134-18  after January 1, 1992, may not represent any person or receive
 134-19  compensation for services rendered on behalf of any person
 134-20  regarding a particular matter in which the former officer or
 134-21  employee participated during the period of state service or
 134-22  employment, either through personal involvement or because the case
 134-23  or proceeding was a matter within the officer's or employee's
 134-24  official responsibility.
 134-25        (c)  Subsection (b) applies only to:
 134-26              (1)  a state officer of a regulatory agency; or
 134-27              (2)  a state employee of a regulatory agency who is
  135-1  compensated, as of the last date of state employment, at or above
  135-2  the amount prescribed by the General Appropriations Act for step 1,
  135-3  salary group 17, of the position classification salary schedule,
  135-4  including an employee who is exempt from the state's position
  135-5  classification plan.
  135-6        (d)  Subsection (b) does not apply to a rulemaking proceeding
  135-7  that was concluded before the officer's or employee's service or
  135-8  employment ceased.
  135-9        (e)  Other law that restricts the representation of a person
 135-10  before a particular state agency by a former state officer or
 135-11  employee of that agency prevails over this section.
 135-12        (f)  An individual commits an offense if the individual
 135-13  violates this section.  An offense under this subsection is a Class
 135-14  A misdemeanor.
 135-15        (g)  In this section, the comptroller and the secretary of
 135-16  state are not excluded from the definition of "regulatory agency."
 135-17        (h)  In this section:
 135-18              (1)  "Participated" means to have taken action as an
 135-19  officer or employee through decision, approval, disapproval,
 135-20  recommendation, giving advice, investigation, or similar action.
 135-21              (2)  "Particular matter" means a specific
 135-22  investigation, application, request for a ruling or determination,
 135-23  rulemaking proceeding, contract, claim, charge, accusation, arrest,
 135-24  or judicial or other proceeding.  (V.A.C.S. Art. 6252-9b, Sec. 7A.)
 135-25        Sec. 572.055.  CERTAIN SOLICITATIONS OF REGULATED BUSINESS
 135-26  ENTITIES PROHIBITED; CRIMINAL OFFENSE.  (a)  An association or
 135-27  organization of employees of a regulatory agency may not solicit,
  136-1  accept, or agree to accept anything of value from a business entity
  136-2  regulated by that agency and from which the business entity must
  136-3  obtain a permit to operate that business in this state or from an
  136-4  individual directly or indirectly connected with that business
  136-5  entity.
  136-6        (b)  A business entity regulated by a regulatory agency and
  136-7  from which the business entity must obtain a permit to operate that
  136-8  business in this state or an individual directly or indirectly
  136-9  connected with that business entity may not offer, confer, or agree
 136-10  to confer on an association or organization of employees of that
 136-11  agency anything of value.
 136-12        (c)  This section does not apply to an agency regulating the
 136-13  operation or inspection of motor vehicles or an agency charged with
 136-14  enforcing the parks and wildlife laws of this state.
 136-15        (d)  A person commits an offense if the person intentionally
 136-16  or knowingly violates this section.  An offense under this
 136-17  subsection is a Class A misdemeanor.  (V.A.C.S. Art. 6252-9b, Sec.
 136-18  7B.)
 136-19        Sec. 572.056.  CONTRACTS BY STATE OFFICERS WITH GOVERNMENTAL
 136-20  ENTITIES; CRIMINAL OFFENSE.  (a)  A state officer may not solicit
 136-21  or accept from a governmental entity a commission, fee, bonus,
 136-22  retainer, or rebate that is compensation for the officer's personal
 136-23  solicitation for the award of a contract for services or sale of
 136-24  goods to a governmental entity.
 136-25        (b)  This section does not apply to:
 136-26              (1)  a contract that is awarded by competitive bid as
 136-27  provided by law and that is not otherwise prohibited by law; or
  137-1              (2)  a court appointment.
  137-2        (c)  In this section, "governmental entity" means the state,
  137-3  a political subdivision of the state, or a governmental entity
  137-4  created under the Texas Constitution or a statute of this state.
  137-5        (d)  A state officer who violates this section commits an
  137-6  offense.  An offense under this subsection is a Class A
  137-7  misdemeanor.  (V.A.C.S. Art. 6252-9b, Secs. 7C(a), (b).)
  137-8        Sec. 572.057.  CERTAIN LEASES PROHIBITED.  (a)  A member of
  137-9  the legislature, an executive or judicial officer elected in a
 137-10  statewide election, or a business entity in which the legislator or
 137-11  officer has a substantial interest may not lease any office space
 137-12  or other real property to the state, a state agency, the
 137-13  legislature or a legislative agency, the Supreme Court of Texas,
 137-14  the Court of Criminal Appeals, or a state judicial agency.
 137-15        (b)  A lease made in violation of Subsection (a) is void.
 137-16        (c)  This section does not apply to an individual who is an
 137-17  elected officer on June 16, 1989, for as long as the officer holds
 137-18  that office.  (V.A.C.S. Art. 6252-9b, Sec. 8A.)
 137-19        Sec. 572.058.  PRIVATE INTEREST IN MEASURE OR DECISION;
 137-20  DISCLOSURE; REMOVAL FROM OFFICE FOR VIOLATION.  (a)  An elected or
 137-21  appointed officer, other than an officer subject to impeachment
 137-22  under Article XV, Section 2, of the Texas Constitution, who is a
 137-23  member of a board or commission having policy direction over a
 137-24  state agency and who has a personal or private interest in a
 137-25  measure, proposal, or decision pending before the board or
 137-26  commission shall publicly disclose the fact to the board or
 137-27  commission in a meeting called and held in compliance with Chapter
  138-1  551.  The officer may not vote or otherwise participate in the
  138-2  decision.  The disclosure shall be entered in the minutes of the
  138-3  meeting.
  138-4        (b)  An individual who violates this section is subject to
  138-5  removal from office on the petition of the attorney general on the
  138-6  attorney general's own initiative or on the relation of a resident
  138-7  or of any other member of the board or commission.  The suit must
  138-8  be brought in a district court of Travis County or of the county
  138-9  where the violation is alleged to have been committed.
 138-10        (c)  If the court or jury finds from a preponderance of the
 138-11  evidence that the defendant violated this section and that an
 138-12  ordinary prudent person would have known the individual's conduct
 138-13  to be a violation of this section, the court shall enter judgment
 138-14  removing the defendant from office.
 138-15        (d)  A suit under this section must be brought before the
 138-16  second anniversary of the date the violation is alleged to have
 138-17  been committed, or the suit is barred.
 138-18        (e)  The remedy provided by this section is cumulative of
 138-19  other methods of removal from office provided by the Texas
 138-20  Constitution or a statute of this state.
 138-21        (f)  In this section, "personal or private interest" has the
 138-22  same meaning as is given to it under Article III, Section 22, of
 138-23  the Texas Constitution, governing the conduct of members of the
 138-24  legislature.  For purposes of this section, an individual does not
 138-25  have a "personal or private interest" in a measure, proposal, or
 138-26  decision if the individual is engaged in a profession, trade, or
 138-27  occupation and the individual's interest is the same as all others
  139-1  similarly engaged in the profession, trade, or occupation.
  139-2  (V.A.C.S. Art. 6252-9b, Sec. 6.)
  139-3     CHAPTER 573.  DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS
  139-4                   SUBCHAPTER A.  GENERAL PROVISIONS
  139-5  Sec. 573.001.  DEFINITIONS
  139-6  Sec. 573.002.  DEGREES OF RELATIONSHIP
  139-7         (Sections 573.003 to 573.020 reserved for expansion)
  139-8     SUBCHAPTER B.  RELATIONSHIPS BY CONSANGUINITY OR BY AFFINITY
  139-9  Sec. 573.021.  METHOD OF COMPUTING DEGREE OF RELATIONSHIP
 139-10  Sec. 573.022.  DETERMINATION OF CONSANGUINITY
 139-11  Sec. 573.023.  COMPUTATION OF DEGREE OF CONSANGUINITY
 139-12  Sec. 573.024.  DETERMINATION OF AFFINITY
 139-13  Sec. 573.025.  COMPUTATION OF DEGREE OF AFFINITY
 139-14         (Sections 573.026 to 573.040 reserved for expansion)
 139-15                 SUBCHAPTER C.  NEPOTISM PROHIBITIONS
 139-16  Sec. 573.041.  PROHIBITION APPLICABLE TO PUBLIC OFFICIAL
 139-17  Sec. 573.042.  PROHIBITION APPLICABLE TO CANDIDATE
 139-18  Sec. 573.043.  PROHIBITION APPLICABLE TO DISTRICT JUDGE
 139-19  Sec. 573.044.  PROHIBITION APPLICABLE TO TRADING
 139-20         (Sections 573.045 to 573.060 reserved for expansion)
 139-21                       SUBCHAPTER D.  EXCEPTIONS
 139-22  Sec. 573.061.  GENERAL EXCEPTIONS
 139-23  Sec. 573.062.  CONTINUOUS EMPLOYMENT
 139-24         (Sections 573.063 to 573.080 reserved for expansion)
 139-25                      SUBCHAPTER E.  ENFORCEMENT
 139-26  Sec. 573.081.  REMOVAL IN GENERAL
 139-27  Sec. 573.082.  REMOVAL BY QUO WARRANTO PROCEEDING
  140-1  Sec. 573.083.  WITHHOLDING PAYMENT OF COMPENSATION
  140-2  Sec. 573.084.  CRIMINAL PENALTY
  140-3     CHAPTER 573.  DEGREES OF RELATIONSHIP; NEPOTISM PROHIBITIONS
  140-4                   SUBCHAPTER A.  GENERAL PROVISIONS
  140-5        Sec. 573.001.  DEFINITIONS.  In this chapter:
  140-6              (1)  "Candidate" has the meaning assigned by Section
  140-7  251.001, Election Code.
  140-8              (2)  "Position" includes an office, clerkship,
  140-9  employment, or duty.
 140-10              (3)  "Public official" means:
 140-11                    (A)  an officer of this state or of a district,
 140-12  county, municipality, precinct, school district, or other political
 140-13  subdivision of this state;
 140-14                    (B)  an officer or member of a board of this
 140-15  state or of a district, county, municipality, school district, or
 140-16  other political subdivision of this state; or
 140-17                    (C)  a judge of a court created by or under a
 140-18  statute of this state.  (V.A.C.S. Art. 5996a, Secs. 1(a) (part),
 140-19  2(a) (part); New.)
 140-20        Sec. 573.002.  DEGREES OF RELATIONSHIP.  Except as provided
 140-21  by Section 573.043, this chapter applies to relationships within
 140-22  the third degree by consanguinity or within the second degree by
 140-23  affinity.  (V.A.C.S. Art. 5996a, Sec. 1(a) (part).)
 140-24         (Sections 573.003 to 573.020 reserved for expansion)
 140-25     SUBCHAPTER B.  RELATIONSHIPS BY CONSANGUINITY OR BY AFFINITY
 140-26        Sec. 573.021.  METHOD OF COMPUTING DEGREE OF RELATIONSHIP.
 140-27  The degree of a relationship is computed by the civil law method.
  141-1  (V.A.C.S. Art. 5996h, Sec. 1.)
  141-2        Sec. 573.022.  DETERMINATION OF CONSANGUINITY.  (a)  Two
  141-3  individuals are related to each other by consanguinity if:
  141-4              (1)  one is a descendant of the other; or
  141-5              (2)  they share a common ancestor.
  141-6        (b)  An adopted child is considered to be a child of the
  141-7  adoptive parent for this purpose.  (V.A.C.S. Art. 5996h,
  141-8  Sec. 2(a).)
  141-9        Sec. 573.023.  COMPUTATION OF DEGREE OF CONSANGUINITY.
 141-10  (a)  The degree of relationship by consanguinity between an
 141-11  individual and the individual's descendant is determined by the
 141-12  number of generations that separate them.  A parent and child are
 141-13  related in the first degree, a grandparent and grandchild in the
 141-14  second degree, a great-grandparent and great-grandchild in the
 141-15  third degree and so on.
 141-16        (b)  If an individual and the individual's relative are
 141-17  related by consanguinity, but neither is descended from the other,
 141-18  the degree of relationship is determined by adding:
 141-19              (1)  the number of generations between the individual
 141-20  and the nearest common ancestor of the individual and the
 141-21  individual's relative; and
 141-22              (2)  the number of generations between the relative and
 141-23  the nearest common ancestor.
 141-24        (c)  An individual's relatives within the third degree by
 141-25  consanguinity are the individual's:
 141-26              (1)  parent or child (relatives in the first degree);
 141-27              (2)  brother, sister, grandparent, or grandchild
  142-1  (relatives in the second degree); and
  142-2              (3)  great-grandparent, great-grandchild, aunt who is a
  142-3  sister of a parent of the individual, uncle who is a brother of a
  142-4  parent of the individual, nephew who is a child of a brother or
  142-5  sister of the individual, or niece who is a child of a brother or
  142-6  sister of the individual (relatives in the third degree).
  142-7  (V.A.C.S. Art. 5996h, Secs. 2(b), (c), 4(a).)
  142-8        Sec. 573.024.  DETERMINATION OF AFFINITY.  (a)  Two
  142-9  individuals are related to each other by affinity if:
 142-10              (1)  they are married to each other; or
 142-11              (2)  the spouse of one of the individuals is related by
 142-12  consanguinity to the other individual.
 142-13        (b)  The ending of a marriage by divorce or the death of a
 142-14  spouse ends relationships by affinity created by that marriage
 142-15  unless a child of that marriage is living, in which case the
 142-16  marriage is considered to continue as long as a child of that
 142-17  marriage lives.  (V.A.C.S. Art. 5996h, Secs. 3(a), (b).)
 142-18        Sec. 573.025.  COMPUTATION OF DEGREE OF AFFINITY.  (a)  A
 142-19  husband and wife are related to each other in the first degree by
 142-20  affinity.  For other relationships by affinity, the degree of
 142-21  relationship is the same as the degree of the underlying
 142-22  relationship by consanguinity.  For example:  if two individuals
 142-23  are related to each other in the second degree by consanguinity,
 142-24  the spouse of one of the individuals is related to the other
 142-25  individual in the second degree by affinity.
 142-26        (b)  An individual's relatives within the third degree by
 142-27  affinity are:
  143-1              (1)  anyone related by consanguinity to the
  143-2  individual's spouse in one of the ways named in Section 573.023(c);
  143-3  and
  143-4              (2)  the spouse of anyone related to the individual by
  143-5  consanguinity in one of the ways named in Section 573.023(c).
  143-6  (V.A.C.S. Art. 5996h, Secs. 3(c), 4(b).)
  143-7         (Sections 573.026 to 573.040 reserved for expansion)
  143-8                 SUBCHAPTER C.  NEPOTISM PROHIBITIONS
  143-9        Sec. 573.041.  PROHIBITION APPLICABLE TO PUBLIC OFFICIAL.  A
 143-10  public official may not appoint, confirm the appointment of, or
 143-11  vote for the appointment or confirmation of the appointment of an
 143-12  individual to a position that is to be directly or indirectly
 143-13  compensated from public funds or fees of office if:
 143-14              (1)  the individual is related to the public official
 143-15  within a degree described by Section 573.002; or
 143-16              (2)  the public official holds the appointment or
 143-17  confirmation authority as a member of a state or local board, the
 143-18  legislature, or a court and the individual is related to another
 143-19  member of that board, legislature, or court within a degree
 143-20  described by Section 573.002.  (V.A.C.S. Art. 5996a, Sec. 1(a).)
 143-21        Sec. 573.042.  PROHIBITION APPLICABLE TO CANDIDATE.  (a)  A
 143-22  candidate may not take an affirmative action to influence the
 143-23  following individuals regarding the appointment, reappointment,
 143-24  confirmation of the appointment or reappointment, employment,
 143-25  reemployment, change in status, compensation, or dismissal of
 143-26  another individual related to the candidate within a degree
 143-27  described by Section 573.002:
  144-1              (1)  an employee of the office to which the candidate
  144-2  seeks election; or
  144-3              (2)  an employee or another officer of the governmental
  144-4  body to which the candidate seeks election, if the office the
  144-5  candidate seeks is one office of a multimember governmental body.
  144-6        (b)  The prohibition imposed by this section does not apply
  144-7  to a candidate's actions taken regarding a bona fide class or
  144-8  category of employees or prospective employees.  (V.A.C.S. Art.
  144-9  5996a, Sec. 2.)
 144-10        Sec. 573.043.  PROHIBITION APPLICABLE TO DISTRICT JUDGE.  A
 144-11  district judge may not appoint as official stenographer of the
 144-12  judge's district an individual related to the judge or to the
 144-13  district attorney of the district within the third degree.
 144-14  (V.A.C.S. Art. 5996e.)
 144-15        Sec. 573.044.  PROHIBITION APPLICABLE TO TRADING.  A public
 144-16  official may not appoint, confirm the appointment of, or vote for
 144-17  the appointment or confirmation of the appointment of an individual
 144-18  to a position in which the individual's services are under the
 144-19  public official's direction or control and that is to be
 144-20  compensated directly or indirectly from public funds or fees of
 144-21  office if:
 144-22              (1)  the individual is related to another public
 144-23  official within a degree described by Section 573.002; and
 144-24              (2)  the appointment, confirmation of the appointment,
 144-25  or vote for appointment or confirmation of the appointment would be
 144-26  carried out in whole or partial consideration for the other public
 144-27  official appointing, confirming the appointment, or voting for the
  145-1  appointment or confirmation of the appointment of an individual who
  145-2  is related to the first public official within a degree described
  145-3  by Section 573.002.  (V.A.C.S. Art. 5996c.)
  145-4         (Sections 573.045 to 573.060 reserved for expansion)
  145-5                       SUBCHAPTER D.  EXCEPTIONS
  145-6        Sec. 573.061.  GENERAL EXCEPTIONS.  Section 573.041 does not
  145-7  apply to:
  145-8              (1)  an appointment to the office of a notary public or
  145-9  to the confirmation of that appointment;
 145-10              (2)  an appointment of a page, secretary, attendant, or
 145-11  other employee by the legislature for attendance on any member of
 145-12  the legislature who, because of physical infirmities, is required
 145-13  to have a personal attendant;
 145-14              (3)  a confirmation of the appointment of an appointee
 145-15  appointed to a first term on a date when no individual related to
 145-16  the appointee within a degree described by Section 573.002 was a
 145-17  member of or a candidate for the legislature, or confirmation on
 145-18  reappointment of the appointee to any subsequent consecutive term;
 145-19  or
 145-20              (4)  an appointment or employment of a substitute
 145-21  teacher or bus driver by a school district if:
 145-22                    (A)  the district is located wholly in a county
 145-23  with a population of less than 35,000; or
 145-24                    (B)  the district is located in more than one
 145-25  county and the county in which the largest part of the district is
 145-26  located has a population of less than 35,000.  (V.A.C.S. Art.
 145-27  5996g, Sec. 1.)
  146-1        Sec. 573.062.  CONTINUOUS EMPLOYMENT.  (a)  A nepotism
  146-2  prohibition prescribed by Section 573.041 or by a municipal charter
  146-3  or ordinance does not apply to an appointment, confirmation of an
  146-4  appointment, or vote for an appointment or confirmation of an
  146-5  appointment of an individual to a position if:
  146-6              (1)  the individual is employed in the position
  146-7  immediately before the election or appointment of the public
  146-8  official to whom the individual is related in a prohibited degree;
  146-9  and
 146-10              (2)  that prior employment of the individual is
 146-11  continuous for at least:
 146-12                    (A)  30 days, if the public official is
 146-13  appointed;
 146-14                    (B)  six months, if the public official is
 146-15  elected at an election other than the general election for state
 146-16  and county officers; or
 146-17                    (C)  one year, if the public official is elected
 146-18  at the general election for state and county officers.
 146-19        (b)  If, under Subsection (a), an individual continues in a
 146-20  position, the public official to whom the individual is related in
 146-21  a prohibited degree may not participate in any deliberation or
 146-22  voting on the appointment, reappointment, confirmation of the
 146-23  appointment or reappointment, employment, reemployment, change in
 146-24  status, compensation, or dismissal of the individual if that action
 146-25  applies only to the individual and is not taken regarding a bona
 146-26  fide class or category of employees.  (V.A.C.S. Art. 5996a, Secs.
 146-27  1(b), (c).)
  147-1         (Sections 573.063 to 573.080 reserved for expansion)
  147-2                      SUBCHAPTER E.  ENFORCEMENT
  147-3        Sec. 573.081.  REMOVAL IN GENERAL.  (a)  An individual who
  147-4  violates Subchapter C or Section 573.062(b) shall be removed from
  147-5  the individual's position.  The removal must be made in accordance
  147-6  with the removal provisions in the constitution of this state, if
  147-7  applicable.  If a provision of the constitution does not govern the
  147-8  removal, the removal must be by a quo warranto proceeding.
  147-9        (b)  A removal from a position shall be made immediately and
 147-10  summarily by the original appointing authority if a criminal
 147-11  conviction against the appointee for a violation of Subchapter C or
 147-12  Section 573.062(b) becomes final.  If the removal is not made
 147-13  within 30 days after the date the conviction becomes final, the
 147-14  individual holding the position may be removed under Subsection
 147-15  (a).  (V.A.C.S. Art. 5996i.)
 147-16        Sec. 573.082.  REMOVAL BY QUO WARRANTO PROCEEDING.  (a)  A
 147-17  quo warranto proceeding under this chapter must be brought by the
 147-18  attorney general in a district court in Travis County or in a
 147-19  district court of the county in which the defendant resides.
 147-20        (b)  The district or county attorney of the county in which a
 147-21  suit is filed under this section shall assist the attorney general
 147-22  at the attorney general's discretion.  (V.A.C.S. Art. 5997.)
 147-23        Sec. 573.083.  WITHHOLDING PAYMENT OF COMPENSATION.  A public
 147-24  official may not approve an account or draw or authorize the
 147-25  drawing of a warrant or order to pay the compensation of an
 147-26  ineligible individual if the official knows the individual is
 147-27  ineligible.  (V.A.C.S. Art. 5996d.)
  148-1        Sec. 573.084.  CRIMINAL PENALTY.  (a)  An individual commits
  148-2  an offense involving official misconduct if the individual violates
  148-3  Subchapter C or Section 573.062(b) or 573.083.
  148-4        (b)  An offense under this section is a misdemeanor
  148-5  punishable by a fine not less than $100 or more than $1,000.
  148-6  (V.A.C.S. Art. 5996f.)
  148-7                   CHAPTER 574.  DUAL OFFICE HOLDING
  148-8  Sec. 574.001.  FINDING OF CONSTITUTIONAL COMPLIANCE
  148-9  Sec. 574.002.  RECORD
 148-10  Sec. 574.003.  RULES
 148-11                   CHAPTER 574.  DUAL OFFICE HOLDING
 148-12        Sec. 574.001.  FINDING OF CONSTITUTIONAL COMPLIANCE.  A
 148-13  nonelective state officer may not accept an offer to serve in
 148-14  another nonelective office unless the officer obtains from the
 148-15  governing body or, if there is not a governing body, the executive
 148-16  head of the agency, division, department, or institution with which
 148-17  the officer is associated a finding that the officer has satisfied
 148-18  Article XVI, Section 40, of the Texas Constitution.  (V.A.C.S. Art.
 148-19  6252-9a, Sec. 2 (part).)
 148-20        Sec. 574.002.  RECORD.  A governing body or executive head
 148-21  shall make a record of:
 148-22              (1)  a finding under Section 574.001; and
 148-23              (2)  any compensation that the nonelective officer is
 148-24  to receive from holding the additional office, including salary,
 148-25  bonus, or per diem payment.  (V.A.C.S. Art. 6252-9a, Sec. 2
 148-26  (part).)
 148-27        Sec. 574.003.  RULES.  A governing body or executive head
  149-1  shall adopt rules to implement this chapter.  (V.A.C.S. Art.
  149-2  6252-9a, Sec. 3.)
  149-3                TITLE 6.  PUBLIC OFFICERS AND EMPLOYEES
  149-4        SUBTITLE A.  PROVISIONS GENERALLY APPLICABLE TO PUBLIC
  149-5                        OFFICERS AND EMPLOYEES
  149-6  Chapter 601.  ELECTION AND OFFICE HOLDING
  149-7  Chapter 602.  ADMINISTRATION OF OATHS
  149-8  Chapter 603.  PROVISION OF DOCUMENTS AND FEES OF OFFICE
  149-9  Chapter 604.  OFFICIAL BONDS
 149-10  Chapter 605.  EIGHT-HOUR WORKDAY
 149-11  Chapter 606.  SOCIAL SECURITY
 149-12  Chapter 607.  BENEFITS RELATING TO CERTAIN CONTAGIOUS DISEASES
 149-13  Chapter 608.  PAYROLL DEDUCTION FOR SAVINGS BONDS
 149-14  Chapter 609.  DEFERRED COMPENSATION PLANS
 149-15  Chapter 610.  CHILD CARE EXPENSE SALARY REDUCTIONS
 149-16  Chapter 611.  LODGING, MEAL, AND TRAVEL REIMBURSEMENT
 149-17  Chapter 612.  LIABILITY INSURANCE
 149-18  Chapter 613.  REEMPLOYMENT FOLLOWING MILITARY SERVICE
 149-19  Chapter 614.  PEACE OFFICERS AND FIRE FIGHTERS
 149-20  Chapter 615.  FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN LAW
 149-21                  ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS
 149-22  Chapter 616.  EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION
 149-23  Chapter 617.  COLLECTIVE BARGAINING AND STRIKES
 149-24             (Chapters 618 to 650 reserved for expansion)
 149-25               SUBTITLE B.  STATE OFFICERS AND EMPLOYEES
 149-26  Chapter 651.  GENERAL PROVISIONS
 149-27  Chapter 652.  VACANCIES
  150-1  Chapter 653.  BONDS COVERING CERTAIN STATE OFFICERS AND EMPLOYEES
  150-2  Chapter 654.  POSITION CLASSIFICATION
  150-3  Chapter 655.  MERIT SELECTION
  150-4  Chapter 656.  JOB NOTICES AND TRAINING
  150-5  Chapter 657.  VETERAN'S EMPLOYMENT PREFERENCES
  150-6  Chapter 658.  HOURS OF LABOR
  150-7  Chapter 659.  COMPENSATION
  150-8  Chapter 660.  TRAVEL EXPENSES
  150-9  Chapter 661.  LEAVE
 150-10  Chapter 662.  HOLIDAYS AND RECOGNITION DAYS
 150-11  Chapter 663.  CHILD CARE SERVICES FOR STATE EMPLOYEES
 150-12  Chapter 664.  STATE EMPLOYEES HEALTH FITNESS AND EDUCATION
 150-13  Chapter 665.  IMPEACHMENT AND REMOVAL
 150-14                TITLE 6.  PUBLIC OFFICERS AND EMPLOYEES
 150-15        SUBTITLE A.  PROVISIONS GENERALLY APPLICABLE TO PUBLIC
 150-16                        OFFICERS AND EMPLOYEES
 150-17               CHAPTER 601.  ELECTION AND OFFICE HOLDING
 150-18  Sec. 601.001.  DELIVERY OF CERTAIN BOOKS, PAPERS, AND DOCUMENTS
 150-19                   TO SUCCESSOR
 150-20  Sec. 601.002.  PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR
 150-21                   CHIEF DEPUTY
 150-22  Sec. 601.003.  REGULAR TERM OF STATE, DISTRICT, COUNTY, OR
 150-23                   PRECINCT OFFICE
 150-24  Sec. 601.004.  PERSON ELECTED TO UNEXPIRED TERM OF STATE,
 150-25                   DISTRICT, COUNTY, OR PRECINCT OFFICE
 150-26  Sec. 601.005.  GOVERNOR TO COMMISSION STATE OR COUNTY
 150-27                   OFFICERS
  151-1  Sec. 601.006.  CERTIFIED STATEMENT OF PERSONS ELECTED TO COUNTY
  151-2                   OR PRECINCT OFFICES
  151-3  Sec. 601.007.  EVIDENCE OF QUALIFICATION FOR OFFICE
  151-4  Sec. 601.008.  UNAUTHORIZED OFFICERS
  151-5                TITLE 6.  PUBLIC OFFICERS AND EMPLOYEES
  151-6        SUBTITLE A.  PROVISIONS GENERALLY APPLICABLE TO PUBLIC
  151-7                        OFFICERS AND EMPLOYEES
  151-8               CHAPTER 601.  ELECTION AND OFFICE HOLDING
  151-9        Sec. 601.001.  DELIVERY OF CERTAIN BOOKS, PAPERS, AND
 151-10  DOCUMENTS TO SUCCESSOR.  (a)  On leaving office, an officer shall
 151-11  deliver all books, papers, and documents relating to the office to
 151-12  the officer's successor.
 151-13        (b)  In this section, "officer" includes:
 151-14              (1)  each officer selected under the laws of this
 151-15  state; and
 151-16              (2)  a member of a board or commission created by state
 151-17  law.  (V.A.C.S. Art. 18 (part).)
 151-18        Sec. 601.002.  PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR
 151-19  CHIEF DEPUTY.  (a)  The first assistant or chief deputy of a public
 151-20  office in which a physical vacancy occurs shall conduct the affairs
 151-21  of the office until a successor qualifies for the office.
 151-22        (b)  The authority of a first assistant or chief deputy to
 151-23  discharge the duties of an office under Subsection (a) ceases on
 151-24  the earliest of:
 151-25              (1)  the time the successor to the office qualifies for
 151-26  the office;
 151-27              (2)  the end of the last day of any session of the
  152-1  legislature occurring during the vacancy if the successor to the
  152-2  office is subject to senate confirmation; or
  152-3              (3)  the end of the 21st day after the day the person
  152-4  began discharging the duties of the office if the legislature is in
  152-5  session on that day and the successor to the office is subject to
  152-6  senate confirmation.
  152-7        (c)  This section does not apply to a vacancy on a board or
  152-8  commission.  (V.A.C.S. Art. 6252-1.)
  152-9        Sec. 601.003.  REGULAR TERM OF STATE, DISTRICT, COUNTY, OR
 152-10  PRECINCT OFFICE.  (a)  The regular term of an elective state,
 152-11  district, county, or precinct office begins on January 1 of the
 152-12  year following the general election for state and county officers.
 152-13        (b)  A person elected to a regular term of office shall
 152-14  qualify and assume the duties of the office on, or as soon as
 152-15  possible after, January 1 of the year following the person's
 152-16  election.
 152-17        (c)  This section does not apply to the office of governor,
 152-18  lieutenant governor, state senator, or state representative.
 152-19  (V.A.C.S. Art. 17 (part).)
 152-20        Sec. 601.004.  PERSON ELECTED TO UNEXPIRED TERM OF STATE,
 152-21  DISTRICT, COUNTY, OR PRECINCT OFFICE.  A person who receives a
 152-22  certificate of election to an unexpired term of an office is
 152-23  entitled to qualify for and assume the duties of the office
 152-24  immediately and shall take office as soon as possible after the
 152-25  receipt of the certificate of election.  (V.A.C.S. Art. 17 (part).)
 152-26        Sec. 601.005.  GOVERNOR TO COMMISSION STATE OR COUNTY
 152-27  OFFICERS.  (a)  The governor shall issue a commission to each state
  153-1  or county officer, other than the governor, the lieutenant
  153-2  governor, a state senator, or a state representative, who qualifies
  153-3  for office.
  153-4        (b)  The secretary of state shall perform ministerial duties
  153-5  incidental to administer this section.  (V.A.C.S. Art. 16b.)
  153-6        Sec. 601.006.  CERTIFIED STATEMENT OF PERSONS ELECTED TO
  153-7  COUNTY OR PRECINCT OFFICES.  (a)  On or immediately after January 1
  153-8  after a general election for state and county officers, each county
  153-9  clerk shall deliver to the secretary of state a certified statement
 153-10  that contains for each person elected to a county or precinct
 153-11  office in the election:
 153-12              (1)  the name of the person;
 153-13              (2)  the office to which the person was elected; and
 153-14              (3)  the date the person qualified for the office.
 153-15        (b)  The secretary of state shall prescribe necessary forms
 153-16  for the statement and instructions for delivery of the statement.
 153-17  (V.A.C.S. Art. 16a.)
 153-18        Sec. 601.007.  EVIDENCE OF QUALIFICATION FOR OFFICE.  On
 153-19  demand of a citizen of this state, the comptroller, the treasurer,
 153-20  a commissioners court, a county treasurer, or any other officer of
 153-21  the state or of a municipality who is authorized by law to make,
 153-22  order, or audit payment to an officer of the state, of a county, or
 153-23  of a municipality of compensation, fees, or perquisites for
 153-24  official services shall, before making, ordering, or auditing the
 153-25  payment, require the officer to produce:
 153-26              (1)  the certificate of election or of appointment to
 153-27  the office that is required by law to be issued to the officer; or
  154-1              (2)  a certified copy of the judgment or decree that:
  154-2                    (A)  was issued by a court of competent
  154-3  jurisdiction; and
  154-4                    (B)  determined the officer's claim to the
  154-5  office.  (V.A.C.S. Art. 6827.)
  154-6        Sec. 601.008.  UNAUTHORIZED OFFICERS.  (a)  An officer or
  154-7  court of this state or of a municipality may not make, order,
  154-8  allow, or audit payment of a person's claim for compensation, fees,
  154-9  perquisites, or services as an officer of the state or of the
 154-10  municipality unless the person:
 154-11              (1)  has been:
 154-12                    (A)  lawfully elected as the officer and
 154-13  determined to be elected to the office by the canvass conducted of
 154-14  the election for the office;
 154-15                    (B)  appointed as the officer by the lawful
 154-16  appointing authority; or
 154-17                    (C)  adjudged to be the officer by a state court
 154-18  of competent jurisdiction; and
 154-19              (2)  has qualified as the officer under law.
 154-20        (b)  A person who has not been elected or appointed to an
 154-21  office or has not qualified for office, as prescribed by Subsection
 154-22  (a), is not entitled to:
 154-23              (1)  receive payment for services as the officer; or
 154-24              (2)  exercise the powers or jurisdiction of the office.
 154-25        (c)  The official acts of a person who claims a right to
 154-26  exercise the power or jurisdiction of an office contrary to this
 154-27  section are void.  (V.A.C.S. Art. 6828.)
  155-1                 CHAPTER 602.  ADMINISTRATION OF OATHS
  155-2  Sec. 602.001.  DEFINITION
  155-3  Sec. 602.002.  OATH MADE IN TEXAS
  155-4  Sec. 602.003.  OATH MADE OUTSIDE TEXAS BUT
  155-5                   INSIDE UNITED STATES
  155-6  Sec. 602.004.  OATH MADE OUTSIDE UNITED STATES
  155-7  Sec. 602.005.  OATH MADE BY MEMBER OF ARMED FORCES
  155-8                   OR BY MEMBER'S SPOUSE
  155-9  Sec. 602.006.  OATH OF OFFICE
 155-10                 CHAPTER 602.  ADMINISTRATION OF OATHS
 155-11        Sec. 602.001.  DEFINITION.  In this chapter, "oath" includes
 155-12  the oath in an affidavit.  (New.)
 155-13        Sec. 602.002.  Oath Made in Texas.  An oath made in this
 155-14  state may be administered and a certificate of the fact given by:
 155-15              (1)  a judge, clerk, or commissioner of a court of
 155-16  record;
 155-17              (2)  a justice of the peace or a clerk of a justice
 155-18  court;
 155-19              (3)  a notary public;
 155-20              (4)  a member of a board or commission created by a law
 155-21  of this state, in a matter pertaining to a duty of the board or
 155-22  commission;
 155-23              (5)  a person employed by the Texas Ethics Commission
 155-24  who has a duty related to a report required by Title 15, Election
 155-25  Code, in a matter pertaining to that duty;
 155-26              (6)  the secretary of state;
 155-27              (7)  the lieutenant governor;
  156-1              (8)  the speaker of the house of representatives; or
  156-2              (9)  the governor.  (V.A.C.S. Art. 26, Sec. 1.)
  156-3        Sec. 602.003.  Oath Made Outside Texas but Inside United
  156-4  States.  An oath made outside this state but inside the United
  156-5  States or its territories may be administered and a certificate of
  156-6  the fact given by:
  156-7              (1)  a clerk of a court of record having a seal;
  156-8              (2)  a commissioner of deeds appointed under a law of
  156-9  this state; or
 156-10              (3)  a notary public.  (V.A.C.S. Art. 26, Sec. 2.)
 156-11        Sec. 602.004.  Oath Made Outside United States.  An oath made
 156-12  outside the United States and its territories may be administered
 156-13  and a certificate of the fact given by:
 156-14              (1)  a minister, commissioner, or charge d'affaires of
 156-15  the United States who resides in and is accredited to the country
 156-16  where the oath or affidavit is made;
 156-17              (2)  a consul-general, consul, vice-consul, commercial
 156-18  agent, vice-commercial agent, deputy consul, or consular agent of
 156-19  the United States who resides in the country where the oath or
 156-20  affidavit is made; or
 156-21              (3)  a notary public.  (V.A.C.S. Art. 26, Sec. 3.)
 156-22        Sec. 602.005.  Oath Made by Member of Armed Forces or by
 156-23  Member's Spouse.  (a)  A commissioned officer of the United States
 156-24  armed forces or of a United States armed forces auxiliary may
 156-25  administer an oath made by a member of the armed forces, a member
 156-26  of an armed forces auxiliary, or a member's spouse and may give a
 156-27  certificate of the fact.
  157-1        (b)  Unless there is pleading or evidence to the contrary, a
  157-2  certificate signed under this section that is offered in evidence
  157-3  establishes that:
  157-4              (1)  the commissioned officer who signed was a
  157-5  commissioned officer on the date the officer signed; and
  157-6              (2)  the person who made the oath or affidavit was a
  157-7  member of the armed forces or an armed forces auxiliary or was a
  157-8  member's spouse when the oath was made.
  157-9        (c)  An oath is not invalid because the commissioned officer
 157-10  who certified the oath did not attach an official seal to the
 157-11  certificate.  (V.A.C.S. Art. 26, Sec. 4.)
 157-12        Sec. 602.006.  Oath of Office.  An oath of office may be
 157-13  administered and a certificate of the fact given by a member of the
 157-14  legislature.  (V.A.C.S. Art. 26, Sec. 5.)
 157-15        CHAPTER 603.  PROVISION OF DOCUMENTS AND FEES OF OFFICE
 157-16  Sec. 603.001.  DEFINITION
 157-17  Sec. 603.002.  COPIES OF DOCUMENTS AVAILABLE TO PUBLIC
 157-18  Sec. 603.003.  COPIES FOR CLAIMS RELATING TO MILITARY
 157-19                   SERVICE
 157-20  Sec. 603.004.  FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS
 157-21  Sec. 603.005.  FEE FOR ACKNOWLEDGMENT
 157-22  Sec. 603.006.  FEE BOOK
 157-23  Sec. 603.007.  BILL FOR FEES
 157-24  Sec. 603.008.  POSTING OF FEES REQUIRED
 157-25  Sec. 603.009.  DISPOSITION OF FEES
 157-26  Sec. 603.010.  OVERCHARGING OF FEES; PENALTY
 157-27        CHAPTER 603.  PROVISION OF DOCUMENTS AND FEES OF OFFICE
  158-1        Sec. 603.001.  DEFINITION.  In this chapter, "document"
  158-2  includes any instrument, paper, or other record.  (New.)
  158-3        Sec. 603.002.  COPIES OF DOCUMENTS AVAILABLE TO PUBLIC.  The
  158-4  secretary of state, Commissioner of the General Land Office,
  158-5  comptroller, state treasurer, commissioner of agriculture, Banking
  158-6  Commissioner, state librarian, or attorney general:
  158-7              (1)  shall furnish to a person on request a certified
  158-8  copy, under seal, of any document in the officer's office that is
  158-9  available under law to that person; and
 158-10              (2)  may not demand or collect a fee from an officer of
 158-11  the state for a copy of any document in the respective offices or
 158-12  for a certificate in relation to a matter in the respective offices
 158-13  if the copy is required in the performance of an official duty of
 158-14  the office of the state officer requesting the copy.  (V.A.C.S.
 158-15  Art. 3913 (part).)
 158-16        Sec. 603.003.  COPIES FOR CLAIMS RELATING TO MILITARY
 158-17  SERVICE.  (a)  A county clerk, district clerk, or other public
 158-18  official on request shall furnish without cost to a person or the
 158-19  person's guardian, dependent, or heir one or more certified copies
 158-20  of a document that is in the custody of or on file in the county
 158-21  clerk's, district clerk's, or other public official's office if:
 158-22              (1)  the person or the person's guardian, dependent, or
 158-23  heir is eligible to make a claim against the United States
 158-24  government because of service in the United States armed forces or
 158-25  an auxiliary service, including the maritime service or the
 158-26  merchant marine; and
 158-27              (2)  the document is necessary to prove the claim.
  159-1        (b)  The issuance of a certified copy under this section may
  159-2  not be considered in determining the maximum fee of the office.
  159-3  (V.A.C.S. Art. 1939a, Art. 1.)
  159-4        Sec. 603.004.  FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS.
  159-5  (a)  Except as otherwise provided by law, the secretary of state,
  159-6  land commissioner, comptroller, commissioner of agriculture,
  159-7  Banking Commissioner, state librarian, attorney general, or other
  159-8  officer of the state or a head of a state department shall collect
  159-9  the following fees for the following services:
 159-10              (1)  a copy, other than a photographic copy, of a
 159-11  document in an office in English, for each page or fraction of a
 159-12  page, $1.50;
 159-13              (2)  a copy, other than a photographic copy, of a
 159-14  document in an office in a language other than English, for each
 159-15  page or fraction of a page, $2;
 159-16              (3)  a translated copy of a document in an office, the
 159-17  greater of $.03 for each word or $5;
 159-18              (4)  a copy of a plat or map in an office, a fee the
 159-19  officer of the office in which the copy is made may establish with
 159-20  reference to the amount of labor, supplies, and materials required;
 159-21  or
 159-22              (5)  a sealed certificate affixed to a copy, including
 159-23  a certificate affixed to a photographic copy, $1.
 159-24        (b)  The state librarian may charge for a photographic copy a
 159-25  fee determined by the Texas State Library and Archives Commission
 159-26  with reference to the amount of labor, supplies, and materials
 159-27  required.  (V.A.C.S. Art. 3913 (part).)
  160-1        Sec. 603.005.  FEE FOR ACKNOWLEDGMENT.  An officer who is
  160-2  authorized by law to take acknowledgment or proof of a deed or
  160-3  other written instrument shall receive the same fee a notary public
  160-4  may receive for the same service.  (V.A.C.S. Art. 3905.)
  160-5        Sec. 603.006.  FEE BOOK.  An officer who by law may charge a
  160-6  fee for a service shall keep a fee book and shall enter in the book
  160-7  all fees charged for services rendered.  (V.A.C.S. Art. 3907
  160-8  (part).)
  160-9        Sec. 603.007.  BILL FOR FEES.  A fee under this chapter is
 160-10  not payable to a person until a clerk or officer produces, or is
 160-11  ready to produce, a bill in writing containing the details of the
 160-12  fee to the person who owes the fee.  The bill must be signed by the
 160-13  clerk or officer to whom the fee is due or who charges the fee or
 160-14  by the successor in office or legal representative of the clerk or
 160-15  officer.  (V.A.C.S. Art. 3908 (part).)
 160-16        Sec. 603.008.  POSTING OF FEES REQUIRED.  A county judge,
 160-17  clerk of a district or county court, sheriff, justice of the peace,
 160-18  constable, or notary public shall keep posted at all times in a
 160-19  conspicuous place in the respective offices a complete list of fees
 160-20  the person may charge by law.  (V.A.C.S. Art. 3910.)
 160-21        Sec. 603.009.  DISPOSITION OF FEES.  (a)  Except as provided
 160-22  by this section, an officer required to collect a fee under Section
 160-23  603.004 shall deposit the fee in the state treasury to the credit
 160-24  of the general revenue fund.
 160-25        (b)  The Banking Commissioner shall deposit fees as provided
 160-26  by Section 8, Chapter 139, Acts of the 52nd Legislature, Regular
 160-27  Session, 1951 (Article 3921a, Vernon's Texas Civil Statutes).
  161-1        (c)  The Texas Employment Commission shall deposit fees in
  161-2  accordance with federal law.
  161-3        (d)  The Texas State Library and Archives Commission shall
  161-4  retain fees collected under this chapter by the state librarian.
  161-5  (V.A.C.S. Art. 3913 (part).)
  161-6        Sec. 603.010.  OVERCHARGING OF FEES; PENALTY.  An officer
  161-7  named in this chapter who demands and receives a higher fee than
  161-8  authorized under this chapter or a fee that is not authorized under
  161-9  this chapter is liable to the aggrieved person for four times the
 161-10  amount unlawfully demanded and received.  (V.A.C.S. Art. 3909
 161-11  (part).)
 161-12                     CHAPTER 604.  OFFICIAL BONDS
 161-13  Sec. 604.001.  FILING OF OFFICIAL BOND
 161-14  Sec. 604.002.  SURETIES
 161-15  Sec. 604.003.  DEPOSITORY OF BOND OF CERTAIN OFFICERS
 161-16  Sec. 604.004.  COPY OF CERTAIN BONDS TO BE FILED WITH
 161-17                   SECRETARY OF STATE
 161-18  Sec. 604.005.  BOND NOT VOID ON FIRST RECOVERY
 161-19  Sec. 604.006.  BOND INURES TO PERSONS AGGRIEVED
 161-20  Sec. 604.007.  LIMITATION
 161-21                     CHAPTER 604.  OFFICIAL BONDS
 161-22        Sec. 604.001.  FILING OF OFFICIAL BOND.  An officer required
 161-23  by law to give an official bond shall file the bond with the
 161-24  officer's oath of office.  (V.A.C.S. Art. 16 (part).)
 161-25        Sec. 604.002.  SURETIES.  An officer shall execute the
 161-26  officer's official bond with:
 161-27              (1)  two or more good and sufficient sureties; or
  162-1              (2)  a solvent surety company authorized to do business
  162-2  in this state.  (V.A.C.S. Art. 5998.)
  162-3        Sec. 604.003.  DEPOSITORY OF BOND OF CERTAIN OFFICERS.
  162-4  (a)  Except as provided by Subsection (b), the officer approving
  162-5  the bond of an officer required by law to give an official bond
  162-6  payable to the governor or the state shall deposit the bond with
  162-7  the comptroller.
  162-8        (b)  The governor shall deposit the official bond of the
  162-9  comptroller with the secretary of state.  (V.A.C.S. Art. 5999.)
 162-10        Sec. 604.004.  COPY OF CERTAIN BONDS TO BE FILED WITH
 162-11  SECRETARY OF STATE.  A member of the governing body of a political
 162-12  subdivision created under Article III, Section 52, or Article XVI,
 162-13  Section 59, of the Texas Constitution who is required by law to
 162-14  file an official bond shall file a copy of the individual's bond
 162-15  with the secretary of state not later than the 10th day after the
 162-16  date the bond is required by law to be filed.  (V.A.C.S. Art.
 162-17  6003c, Sec. 1.)
 162-18        Sec. 604.005.  BOND NOT VOID ON FIRST RECOVERY.  (a)  The
 162-19  official bond of a state, county, or precinct officer is not void
 162-20  on first recovery.
 162-21        (b)  An injured party may sue separately on a bond until the
 162-22  bond is exhausted.  (V.A.C.S. Art. 6003.)
 162-23        Sec. 604.006.  BOND INURES TO PERSONS AGGRIEVED.  In a suit
 162-24  arising from the defalcation of a public officer or the
 162-25  misapplication or misappropriation of money by a public officer,
 162-26  the official bond of the officer inures to the benefit of a person
 162-27  aggrieved by the defalcation or misapplication or misappropriation
  163-1  occurring in the period covered by the bond.  (V.A.C.S. Art. 6003a
  163-2  (part).)
  163-3        Sec. 604.007.  LIMITATION.  For purposes of limitation, a
  163-4  suit on an official bond of a public officer arising from the
  163-5  defalcation of the officer or the misapplication or
  163-6  misappropriation of money by the officer is an action for debt
  163-7  founded on a contract in writing governed by Section 16.004, Civil
  163-8  Practice and Remedies Code.  (V.A.C.S. Art. 6003a (part).)
  163-9                   CHAPTER 605.  EIGHT-HOUR WORKDAY
 163-10  Sec. 605.001.  EIGHT-HOUR WORKDAY FOR CERTAIN PUBLIC WORKS
 163-11  Sec. 605.002.  LENGTH OF WORKDAY; EMERGENCY WORK
 163-12  Sec. 605.003.  CRIMINAL OFFENSE
 163-13  Sec. 605.004.  FEDERAL LABOR STANDARDS ACT EXEMPTION
 163-14                   CHAPTER 605.  EIGHT-HOUR WORKDAY
 163-15        Sec. 605.001.  EIGHT-HOUR WORKDAY FOR CERTAIN PUBLIC WORKS.
 163-16  Eight hours of work in a calendar day constitute a day's work for a
 163-17  laborer, worker, or mechanic employed by or on behalf of the state
 163-18  or a political subdivision of the state for the construction,
 163-19  repair, or improvement of a building, bridge, road, highway,
 163-20  stream, or levee or for other similar work.  (V.A.C.S. Arts. 5165,
 163-21  5165.1.)
 163-22        Sec. 605.002.  LENGTH OF WORKDAY; EMERGENCY WORK.  (a)  In a
 163-23  contract for any work made by or on behalf of the state or a legal
 163-24  or political subdivision of the state eight hours constitutes a
 163-25  day's work.
 163-26        (b)  The time spent by a worker in going to and from the
 163-27  workplace is not a part of the hours of work.
  164-1        (c)  A person having a contract with the state or a legal or
  164-2  political subdivision of the state may not require or permit a
  164-3  laborer, worker, or mechanic to work more than eight hours in a
  164-4  calendar day, except:
  164-5              (1)  in employment to which the Fair Labor Standards
  164-6  Act of 1938 (29 U.S.C. Section 201 et seq.) applies;
  164-7              (2)  in an emergency that may arise in a time of war;
  164-8              (3)  to protect property or human life;
  164-9              (4)  for the housing of inmates of a public institution
 164-10  in case of fire or destruction by the elements; or
 164-11              (5)  for work financed in whole or part by the federal
 164-12  government or any of its agencies in which the total number of
 164-13  hours a week required or permitted of a worker does not exceed the
 164-14  number of hours a week allowed by federal regulation.
 164-15        (d)  A laborer, worker, or mechanic who works in an emergency
 164-16  described by Subsection (c) more than eight hours in a calendar day
 164-17  is entitled to be paid according to the workday provided by
 164-18  Subsection (a).  (V.A.C.S. Art. 5165.2 (part).)
 164-19        Sec. 605.003.  CRIMINAL OFFENSE.  (a)  A person or officer,
 164-20  agent, or employee of the person commits an offense if the person
 164-21  or officer, agent, or employee of the person violates any provision
 164-22  of this chapter.
 164-23        (b)  An offense under this section is a misdemeanor
 164-24  punishable by a fine of not less than $50 or more than $1,000 and
 164-25  confinement in jail for not more than six months or both a fine and
 164-26  confinement.
 164-27        (c)  Each day a person violates a provision of this chapter
  165-1  is a separate offense.  (V.A.C.S. Art. 5165.3.)
  165-2        Sec. 605.004.  FEDERAL LABOR STANDARDS ACT EXEMPTION.  An
  165-3  employer who complies with the overtime provisions of the Fair
  165-4  Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) is
  165-5  considered to comply with the eight-hour day requirements of this
  165-6  chapter and is not civilly or criminally liable for a violation of
  165-7  the requirements.  (V.A.C.S. Art. 5165.6.)
  165-8                     CHAPTER 606.  SOCIAL SECURITY
  165-9                   SUBCHAPTER A.  GENERAL PROVISIONS
 165-10  Sec. 606.001.  DEFINITIONS
 165-11  Sec. 606.002.  ADMINISTRATION OF CHAPTER
 165-12  Sec. 606.003.  AGREEMENTS WITH SECRETARY
 165-13         (Sections 606.004 to 606.020 reserved for expansion)
 165-14    SUBCHAPTER B.  COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
 165-15  Sec. 606.021.  DEFINITIONS
 165-16  Sec. 606.022.  AGREEMENTS WITH POLITICAL SUBDIVISIONS
 165-17  Sec. 606.023.  RULES
 165-18  Sec. 606.024.  PLAN FOR COVERAGE
 165-19  Sec. 606.025.  GUARANTEES FOR PAYMENT
 165-20  Sec. 606.026.  CONTRIBUTIONS BY POLITICAL SUBDIVISION
 165-21  Sec. 606.027.  PROCEDURE FOR MAKING CONTRIBUTIONS
 165-22  Sec. 606.028.  ADMINISTRATIVE EXPENSES
 165-23  Sec. 606.029.  DELINQUENT PAYMENTS
 165-24  Sec. 606.030.  SOCIAL SECURITY ADMINISTRATION FUND
 165-25  Sec. 606.031.  EXPENDITURES
 165-26         (Sections 606.032 to 606.060 reserved for expansion)
 165-27              SUBCHAPTER C.  COVERAGE FOR STATE EMPLOYEES
  166-1  Sec. 606.061.  DEFINITIONS
  166-2  Sec. 606.062.  DUTY OF EXECUTIVE DIRECTOR
  166-3  Sec. 606.063.  CONTRIBUTIONS BY STATE AGENCY
  166-4  Sec. 606.064.  EMPLOYEE CONTRIBUTIONS BY STATE AGENCY
  166-5  Sec. 606.065.  CONTRIBUTIONS FOR JUDGES
  166-6  Sec. 606.066.  COLLECTION OF EMPLOYEE'S CONTRIBUTION
  166-7  Sec. 606.067.  COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
  166-8                   PAID FROM TREASURY
  166-9  Sec. 606.068.  COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
 166-10                   NOT PAID FROM TREASURY
 166-11  Sec. 606.069.  METHOD OF MAKING CONTRIBUTIONS TO FEDERAL
 166-12                   GOVERNMENT
 166-13  Sec. 606.070.  RULES AND REPORTS
 166-14  Sec. 606.071.  EXPENDITURES
 166-15  Sec. 606.072.  BENEFITS FOR STATE EMPLOYEES UNDER BOTH STATE
 166-16                   AND FEDERAL LAW
 166-17         (Sections 606.073 to 606.100 reserved for expansion)
 166-18  SUBCHAPTER D.  COVERAGE FOR STATE EMPLOYEES PAID FROM FEDERAL FUNDS
 166-19  Sec. 606.101.  COVERAGE
 166-20                     CHAPTER 606.  SOCIAL SECURITY
 166-21                   SUBCHAPTER A.  GENERAL PROVISIONS
 166-22        Sec. 606.001.  DEFINITIONS.  In this chapter:
 166-23              (1)  "Social security coverage" means federal old-age,
 166-24  survivors, and disability insurance benefits under 42 U.S.C.
 166-25  Chapter 7, Subchapter II.
 166-26              (2)  "Federal Insurance Contributions Act" means 26
 166-27  U.S.C. Chapter 21.
  167-1              (3)  "Political subdivision" includes:
  167-2                    (A)  a county;
  167-3                    (B)  a municipality; or
  167-4                    (C)  an instrumentality of the state, of another
  167-5  political subdivision, or of the state and another political
  167-6  subdivision:
  167-7                          (i)  that is a juristic entity that is
  167-8  legally separate and distinct from the state or political
  167-9  subdivision; and
 167-10                          (ii)  whose employees are not employees of
 167-11  the state or political subdivision.
 167-12              (4)  "Retirement system" means the Employees Retirement
 167-13  System of Texas.
 167-14              (5)  "Secretary" means the United States Secretary of
 167-15  Health and Human Services or an individual designated by the
 167-16  secretary to administer coverage of the Social Security Act to
 167-17  employees of a state and its political subdivisions.
 167-18              (6)  "Social Security Act" means Chapter 7, Title 42,
 167-19  United States Code (42 U.S.C. Section 301 et seq.), including
 167-20  regulations and requirements adopted under that chapter.  (V.A.C.S.
 167-21  Arts. 695g, Secs. 1(d), (e), (g), (h); 695h, Secs. 1(d), (e), (f),
 167-22  (g) (part); New.)
 167-23        Sec. 606.002.  ADMINISTRATION OF CHAPTER.  The executive
 167-24  director of the retirement system shall direct and administer the
 167-25  functions of the retirement system under this chapter.  (V.A.C.S.
 167-26  Arts. 695g, Sec. 2; 695h, Sec. 2 (part).)
 167-27        Sec. 606.003.  AGREEMENTS WITH SECRETARY.  (a)  The
  168-1  retirement system may enter into agreements with the secretary to
  168-2  obtain social security coverage for employees of the state or a
  168-3  political subdivision.
  168-4        (b)  An agreement between the retirement system and the
  168-5  secretary may contain any appropriate provision, including a
  168-6  provision relating to coverage, benefits, contributions, effective
  168-7  date, modification, and administration.  (V.A.C.S. Arts. 695g, Sec.
  168-8  3; 695h, Sec. 3.)
  168-9         (Sections 606.004 to 606.020 reserved for expansion)
 168-10    SUBCHAPTER B.  COVERAGE FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
 168-11        Sec. 606.021.  DEFINITIONS.  In this subchapter:
 168-12              (1)  "Employee" includes an officer of a political
 168-13  subdivision.
 168-14              (2)  "Employment" means service performed by an
 168-15  employee of a political subdivision except service:
 168-16                    (A)  that in the absence of an agreement under
 168-17  this subchapter would constitute employment under the Social
 168-18  Security Act;
 168-19                    (B)  that under the Social Security Act may not
 168-20  be included in an agreement between the retirement system and the
 168-21  secretary; or
 168-22                    (C)  as a police officer in a position that, at
 168-23  the time the agreement is made, is subject to another retirement
 168-24  system of a municipality with a population of 250,000 or more,
 168-25  according to the most recent federal census before the date of the
 168-26  agreement.
 168-27              (3)  "Wages" means all remuneration for employment,
  169-1  including the cash value of all remuneration paid other than by
  169-2  cash.  The term does not include remuneration that does not
  169-3  constitute "wages" under the Federal Insurance Contributions Act.
  169-4  (V.A.C.S. Art. 695g, Secs. 1(a), (b), (c) (part).)
  169-5        Sec. 606.022.  AGREEMENTS WITH POLITICAL SUBDIVISIONS.
  169-6  (a)  The retirement system and the governing body of a political
  169-7  subdivision that is eligible under the Social Security Act may
  169-8  enter into an agreement to obtain social security coverage for the
  169-9  employees of the political subdivision.
 169-10        (b)  An agreement between the retirement system and the
 169-11  governing body:
 169-12              (1)  must include a provision that an action of the
 169-13  federal government may not impair or impede a retirement program of
 169-14  this state or a political subdivision; and
 169-15              (2)  may include any other appropriate provision,
 169-16  including a provision relating to coverage benefits, contributions,
 169-17  effective date, modification of the agreement, and administration.
 169-18        (c)  The retirement system shall prescribe the terms of
 169-19  agreements necessary to:
 169-20              (1)  carry out this subchapter; and
 169-21              (2)  insure the financial responsibility of the
 169-22  participating political subdivisions.  (V.A.C.S. Art. 695g, Secs. 4
 169-23  (part), 5 (part), 6 (part).)
 169-24        Sec. 606.023.  RULES.  The retirement system shall adopt
 169-25  rules that it finds necessary to govern the application for and the
 169-26  eligibility of employees of a political subdivision to obtain
 169-27  social security coverage.  (V.A.C.S. Art. 695g, Sec. 5 (part).)
  170-1        Sec. 606.024.  PLAN FOR COVERAGE.  (a)  To obtain social
  170-2  security coverage for its employees, a political subdivision must
  170-3  submit a plan for approval by the retirement system.
  170-4        (b)  The retirement system shall approve a plan if the
  170-5  retirement system finds that the plan:
  170-6              (1)  conforms to the retirement system's rules;
  170-7              (2)  conforms to federal law and agreements made
  170-8  between the federal government and the states;
  170-9              (3)  specifies the source of funds from which payments
 170-10  will be made and guarantees that this source will be adequate;
 170-11              (4)  provides methods for proper and efficient
 170-12  administration by the political subdivision that are found by the
 170-13  retirement system to be necessary;
 170-14              (5)  provides that the political subdivision will:
 170-15                    (A)  report information at a time and in a form
 170-16  required by the retirement system; and
 170-17                    (B)  comply with requirements of the retirement
 170-18  system or federal authorities for the receipt, correctness, and
 170-19  verification of reports; and
 170-20              (6)  specifies the personnel of the political
 170-21  subdivision who are responsible for making assessments,
 170-22  collections, and reports.
 170-23        (c)  The retirement system may not refuse to approve a
 170-24  submitted plan unless the retirement system gives the submitting
 170-25  political subdivision reasonable notice and an opportunity for a
 170-26  hearing.  (V.A.C.S. Art. 695g, Secs. 7 (part), 9 (part).)
 170-27        Sec. 606.025.  GUARANTEES FOR PAYMENT.  The retirement system
  171-1  by rule may require guarantees to create adequate security that a
  171-2  political subdivision will be financially responsible for its
  171-3  payments for at least the minimum period required by federal
  171-4  requirements to precede social security coverage cancellation.  The
  171-5  guarantees may be in the form of:
  171-6              (1)  surety bonds;
  171-7              (2)  advance payments into an escrow account;
  171-8              (3)  detailed representations and assurances of
  171-9  priority dedication; or
 171-10              (4)  another legal undertaking.  (V.A.C.S. Art. 695g,
 171-11  Sec. 7 (part).)
 171-12        Sec. 606.026.  CONTRIBUTIONS BY POLITICAL SUBDIVISION.
 171-13  (a)  The governing body of a political subdivision may make
 171-14  contributions under an agreement to obtain social security
 171-15  coverage.
 171-16        (b)  The maximum compensation provided by statute for a
 171-17  county employee is not exceeded by the payment of a matching
 171-18  contribution by a political subdivision to obtain social security
 171-19  coverage for the employee.
 171-20        (c)  An instrumentality of the state that receives a direct
 171-21  legislative appropriation may contribute, for employees covered
 171-22  under Subtitle C, Title 8, only funds specifically appropriated for
 171-23  social security coverage.  (V.A.C.S. Art. 695g, Secs. 4 (part), 6
 171-24  (part).)
 171-25        Sec. 606.027.  PROCEDURE FOR MAKING CONTRIBUTIONS.  (a)  In
 171-26  accordance with state and federal requirements, a political
 171-27  subdivision that has an approved plan for social security coverage
  172-1  shall:
  172-2              (1)  make deductions from wages of employees whose
  172-3  services are covered by the plan; and
  172-4              (2)  pay matching contributions from the funds from
  172-5  which covered employees receive their compensation.
  172-6        (b)  The employment or continued employment of an employee
  172-7  covered by an approved plan of a political subdivision is
  172-8  consideration for the deductions.
  172-9        (c)  An employee or a political subdivision is not relieved
 172-10  from liability for a contribution if the political subdivision
 172-11  fails to deduct the contribution from the employee's wages.
 172-12        (d)  The county treasurer, or the person who acts as
 172-13  treasurer in a political subdivision other than a county, shall
 172-14  assess and collect the required contributions and transmit the
 172-15  contributions in accordance with federal requirements for the
 172-16  filing of reports and the payment of contributions.  (V.A.C.S. Art.
 172-17  695g, Secs. 6 (part), 8(a), (c), 9 (part).)
 172-18        Sec. 606.028.  ADMINISTRATIVE EXPENSES.  (a)  As agreed by
 172-19  the retirement system and the governing body of a political
 172-20  subdivision that has an approved plan, the retirement system shall
 172-21  require the political subdivision to pay the subdivision's
 172-22  proportionate share of the state administrative expenses for this
 172-23  subchapter by:
 172-24              (1)  an annual fee for the political subdivision;
 172-25              (2)  an annual fee for each employee covered;
 172-26              (3)  an amount equal to a percentage of the
 172-27  contributions made to federal authorities; or
  173-1              (4)  any other equitable measure.
  173-2        (b)  A political subdivision may make payment for
  173-3  administrative expenses under this section from any available fund
  173-4  not otherwise dedicated.  (V.A.C.S. Art. 695g, Sec. 10 (part).)
  173-5        Sec. 606.029.  DELINQUENT PAYMENTS.  (a)  The retirement
  173-6  system may require in an agreement with a political subdivision
  173-7  that interest be paid on delinquent payments.
  173-8        (b)  The retirement system may bring suit to collect a
  173-9  delinquent payment and interest on the payment.
 173-10        (c)  The retirement system may direct the comptroller or the
 173-11  state treasurer to deduct a delinquent payment and interest from
 173-12  funds payable by the state to the delinquent political subdivision
 173-13  that are expressly subject to deduction.  The comptroller or the
 173-14  state treasurer shall send to the retirement system in trust the
 173-15  amount deducted for the contribution of the delinquent political
 173-16  subdivision.  (V.A.C.S. Art. 695g, Sec. 11.)
 173-17        Sec. 606.030.  SOCIAL SECURITY ADMINISTRATION FUND.  (a)  The
 173-18  social security administration fund is  outside the treasury.  The
 173-19  state treasurer is the custodian of the fund and shall administer
 173-20  the fund separately from other funds as directed by the retirement
 173-21  system.  Credits of money in the fund are not state funds or
 173-22  subject to legislative appropriation.
 173-23        (b)  The retirement system shall deposit in the fund all
 173-24  money collected for administrative expenses under Section 606.028.
 173-25        (c)  The comptroller shall issue warrants for disbursements
 173-26  from the fund under sworn vouchers executed by the executive
 173-27  director of the retirement system or a person designated by the
  174-1  director.
  174-2        (d)  The fund may be used to pay:
  174-3              (1)  interest assessed as a penalty by the United
  174-4  States secretary of the treasury because of delinquent payment of
  174-5  contributions under this subchapter; or
  174-6              (2)  any expense necessary for the retirement system to
  174-7  administer this subchapter.
  174-8        (e)  A salary or expenditure paid from the fund shall be
  174-9  consistent with a comparable item in and the general provisions of
 174-10  the General Appropriations Act.
 174-11        (f)  The retirement system, at the end of each fiscal year,
 174-12  shall pay from the social security administration fund to the state
 174-13  treasurer for deposit in the general revenue fund at least 10
 174-14  percent of the contributions collected for administrative expenses
 174-15  in the preceding year.  Payment under this subsection may continue
 174-16  only until the amount appropriated to the retirement system from
 174-17  the state for administering this subchapter has been reimbursed in
 174-18  full.  (V.A.C.S. Art. 695g, Secs. 10 (part), 12(b), 13 (part).)
 174-19        Sec. 606.031.  EXPENDITURES.  The retirement system may
 174-20  employ personnel, purchase equipment, and make other expenditures
 174-21  as necessary to administer this subchapter.  (V.A.C.S. Art. 695g,
 174-22  Sec. 13 (part).)
 174-23         (Sections 606.032 to 606.060 reserved for expansion)
 174-24              SUBCHAPTER C.  COVERAGE FOR STATE EMPLOYEES
 174-25        Sec. 606.061.  DEFINITIONS.  In this subchapter:
 174-26              (1)  "Employee tax" means the tax imposed by Section
 174-27  3101 of the Internal Revenue Code of 1986 (26 U.S.C. Section 3101).
  175-1              (2)  "Employment" means service performed by a state
  175-2  employee except service:
  175-3                    (A)  that in the absence of an agreement under
  175-4  this subchapter would constitute employment under the Social
  175-5  Security Act; or
  175-6                    (B)  that under the Social Security Act may not
  175-7  be included in an agreement between the retirement system and the
  175-8  secretary.
  175-9              (3)  "State agency" means:
 175-10                    (A)  a department, commission, board, office, or
 175-11  other agency in the executive or legislative branch created by the
 175-12  constitution or a statute of this state;
 175-13                    (B)  the supreme court, the court of criminal
 175-14  appeals, a court of appeals, or the Texas Judicial Council; or
 175-15                    (C)  a university system or an institution of
 175-16  higher education as defined by Section 61.003, Education Code.
 175-17              (4)  "State employee" includes an elected or appointed
 175-18  state officer but does not include an individual who:
 175-19                    (A)  is compensated by fees; or
 175-20                    (B)  is in a position eligible for membership in
 175-21  the Teacher Retirement System of Texas unless the person is
 175-22  employed by a state department, agency, or institution.
 175-23              (5)  "Wages" means all remuneration for employment,
 175-24  including the cash value of all remuneration paid other than by
 175-25  cash, except for remuneration that does not constitute "wages"
 175-26  under the Federal Insurance Contributions Act.  (V.A.C.S. Art.
 175-27  695h, Secs. 1(a), (b), (c), (g) (part), (i).)
  176-1        Sec. 606.062.  DUTY OF EXECUTIVE DIRECTOR.  The executive
  176-2  director of the retirement system shall negotiate the best possible
  176-3  contract for social security coverage for state employees.
  176-4  (V.A.C.S. Art. 695h, Sec. 2 (part).)
  176-5        Sec. 606.063.  CONTRIBUTIONS BY STATE AGENCY.  A state agency
  176-6  may pay contributions on social security coverage of the agency's
  176-7  state employees who are paid from the state treasury as required by
  176-8  an agreement with the secretary from funds appropriated to the
  176-9  comptroller for that purpose.  A contribution made under this
 176-10  section is not considered compensation to the employee under any
 176-11  state law.  (V.A.C.S. Art. 695h, Sec. 4 (part).)
 176-12        Sec. 606.064.  EMPLOYEE CONTRIBUTIONS BY STATE AGENCY.
 176-13  (a)  The state shall pay all contributions on wages for social
 176-14  security coverage of a state employee except:
 176-15              (1)  as provided by Section 606.065; or
 176-16              (2)  the amount of the employee tax in excess of 5.85
 176-17  percent of wages computed on a wage base of $16,500 in a calendar
 176-18  year.
 176-19        (b)  The legislature may provide in the General
 176-20  Appropriations Act for a state contribution in excess of the amount
 176-21  provided in Subsection (a)(2).
 176-22        (c)  A state employee is obligated to pay only the difference
 176-23  between the amount the legislature provides and the amount required
 176-24  by federal law.
 176-25        (d)  The contribution made by the state shall be paid from
 176-26  the same fund from which an employee receives compensation.
 176-27        (e)  The comptroller may prorate the state's expected
  177-1  contribution for an employee's employee tax over the portion of the
  177-2  calendar year that the employee's salary is subject to the Federal
  177-3  Insurance Contributions Act to equalize the employee's monthly
  177-4  contributions during the portion of the year that the employee's
  177-5  salary is subject to Federal Insurance Contributions Act taxes.
  177-6  (V.A.C.S. Art. 695h, Secs. 5(a) (part), (c), (d).)
  177-7        Sec. 606.065.  CONTRIBUTIONS FOR JUDGES.  (a)  A judge who is
  177-8  paid by the state and for whom the retirement system and the
  177-9  secretary have an agreement for social security coverage shall
 177-10  contribute the entire amount of the employee tax, unless the
 177-11  legislature provides in the General Appropriations Act for payment
 177-12  at any rate and on any amount of the employee tax.
 177-13        (b)  If the state makes a contribution under Subsection (a):
 177-14              (1)  the judge is obligated to pay only the difference
 177-15  between the amount the legislature provides and the amount required
 177-16  by the Federal Insurance Contributions Act;
 177-17              (2)  the contribution shall be paid from the same fund
 177-18  from which the judge receives compensation; and
 177-19              (3)  the comptroller may prorate the state's expected
 177-20  contribution for an employee's tax over the portion of the calendar
 177-21  year that the judge's salary is subject to the Federal Insurance
 177-22  Contributions Act to equalize the judge's monthly contributions
 177-23  during the portion of the year that the judge's salary is subject
 177-24  to Federal Insurance Contributions Act taxes.  (V.A.C.S. Art. 695h,
 177-25  Secs. 5(a) (part), (b), (c), (d).)
 177-26        Sec. 606.066.  COLLECTION OF EMPLOYEE'S CONTRIBUTION.
 177-27  (a)  On the authorization of the head of a state agency, the
  178-1  disbursing officer of the department shall deduct from each payroll
  178-2  of a state employee with social security coverage the amount of the
  178-3  employee's contribution paid by the employee under this subchapter.
  178-4  The total amount deducted shall be paid in accordance with federal
  178-5  requirements.
  178-6        (b)  The head of a state agency shall, for each payroll:
  178-7              (1)  certify to the comptroller in the manner
  178-8  prescribed by the comptroller:
  178-9                    (A)  the amount of a state employee's
 178-10  contribution to be deducted from the employee's salary; and
 178-11                    (B)  the total amount to be deducted from all
 178-12  salaries; and
 178-13              (2)  include the total amount in the payroll voucher.
 178-14        (c)  If an amount less than the amount of the employee's
 178-15  contribution under this subchapter is deducted from a state
 178-16  employee's salary for the employee's contribution, the employee is
 178-17  liable for the  difference between the amount deducted and the
 178-18  correct amount of the contribution.  (V.A.C.S. Art. 695h, Secs.
 178-19  6(a)(1) (part), (2) (part), (3).)
 178-20        Sec. 606.067.  COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
 178-21  PAID FROM TREASURY.  (a)  For a state employee who is paid from the
 178-22  state treasury, the legislature shall appropriate, from the same
 178-23  fund from which the employee is paid, an amount equal to the total
 178-24  of the state's contributions under Section 606.063 and Section
 178-25  606.064 or 606.065.
 178-26        (b)  The state agency shall certify at the end of each
 178-27  payroll period to the comptroller in a manner prescribed by the
  179-1  comptroller the total amount of the department's state
  179-2  contributions for that period for employees paid from the state
  179-3  treasury.
  179-4        (c)  A state agency having employees paid from the state
  179-5  treasury shall include in the budget information the department
  179-6  submits to the Legislative Budget Board and the budget division of
  179-7  the governor's office a certification of the amount necessary to
  179-8  pay contributions of the state for the following biennium.  The
  179-9  governor shall include this amount in the budget that the governor
 179-10  submits to the legislature.
 179-11        (d)  All money appropriated to the comptroller for the
 179-12  contributions of the state shall be allocated to the state agency
 179-13  according to rules adopted by the comptroller.  (V.A.C.S. Art.
 179-14  695h, Secs. 6(b)(1) (part), (2), (3) (part).)
 179-15        Sec. 606.068.  COLLECTION OF STATE CONTRIBUTION FOR EMPLOYEES
 179-16  NOT PAID FROM TREASURY.  (a)  For state employees who are paid from
 179-17  funds not in the state treasury, the head of a state agency shall
 179-18  certify to the department's disbursing officer the total amount of
 179-19  the state's contributions based on compensation paid the employees.
 179-20        (b)  The disbursing officer of a state agency that has state
 179-21  employees who are paid from funds not in the state treasury shall
 179-22  pay the total amount of contributions of the state for employees in
 179-23  accordance with federal requirements.  (V.A.C.S. Art. 695h, Sec.
 179-24  6(b)(4) (part).)
 179-25        Sec. 606.069.  METHOD OF MAKING CONTRIBUTIONS TO FEDERAL
 179-26  GOVERNMENT.  A state agency shall comply with federal requirements
 179-27  for filing reports and paying contributions.  (V.A.C.S. Art. 695h,
  180-1  Sec. 6(c) (part).)
  180-2        Sec. 606.070.  RULES AND REPORTS.  (a)  The retirement system
  180-3  may, as it finds necessary to the efficient administration of this
  180-4  subchapter, adopt rules and require state agencies to file reports.
  180-5        (b)  The retirement system shall certify to the comptroller
  180-6  any state agency that has not filed a required report within the
  180-7  specified time.
  180-8        (c)  The comptroller shall withhold salary or expense
  180-9  reimbursement warrants to the head or an employee of a state agency
 180-10  that the retirement system certifies under Subsection (b).  On
 180-11  notification from the retirement system that the report has been
 180-12  filed, the comptroller shall release the warrants.
 180-13        (d)  If a state agency whose employees are not paid from
 180-14  funds in the state treasury is notified that a required report is
 180-15  delinquent, the disbursing officer may not pay a salary or an
 180-16  expense reimbursement.  A disbursing officer is liable both
 180-17  personally and on the officer's official bond if the officer pays a
 180-18  salary or an expense reimbursement after notification of a
 180-19  delinquent report by the retirement system.  (V.A.C.S. Art. 695h,
 180-20  Sec. 7.)
 180-21        Sec. 606.071.  EXPENDITURES.  The retirement system may
 180-22  employ personnel, including accountants and attorneys, purchase
 180-23  equipment, and make other expenditures as necessary to administer
 180-24  this subchapter.  (V.A.C.S. Art. 695h, Sec. 9 (part).)
 180-25        Sec. 606.072.  BENEFITS FOR STATE EMPLOYEES UNDER BOTH STATE
 180-26  AND FEDERAL LAW.  A state employee may receive benefits under both
 180-27  Chapters 811 through 815 and the Social Security Act.  (V.A.C.S.
  181-1  Art. 695h, Sec. 11.)
  181-2         (Sections 606.073 to 606.100 reserved for expansion)
  181-3  SUBCHAPTER D.  COVERAGE FOR STATE EMPLOYEES PAID FROM FEDERAL FUNDS
  181-4        Sec. 606.101.  COVERAGE.  Subchapter B applies to a state
  181-5  employee or officer who is paid entirely from federal funds but is
  181-6  classified as a state employee by the federal government.
  181-7  (V.A.C.S. Art. 695g, Sec. 1(c) (part).)
  181-8    CHAPTER 607.  BENEFITS RELATING TO CERTAIN CONTAGIOUS DISEASES
  181-9  Sec. 607.001.  DEFINITION
 181-10  Sec. 607.002.  REIMBURSEMENT
 181-11  Sec. 607.003.  PHYSICIAN OF CHOICE
 181-12  Sec. 607.004.  PREVENTATIVE IMMUNIZATIONS AND VACCINATIONS
 181-13    CHAPTER 607.  BENEFITS RELATING TO CERTAIN CONTAGIOUS DISEASES
 181-14        Sec. 607.001.  DEFINITION.  In this chapter, "public safety
 181-15  employee" means a peace officer, fire fighter, or emergency medical
 181-16  services employee of the state or a political subdivision of the
 181-17  state.  (V.A.C.S. Art. 1269t, Subsec. (a).)
 181-18        Sec. 607.002.  REIMBURSEMENT.  A public safety employee who
 181-19  is exposed to a contagious disease is entitled to reimbursement
 181-20  from the employing governmental entity for reasonable medical
 181-21  expenses incurred in treatment for the prevention of the disease
 181-22  if:
 181-23              (1)  the disease is not an "ordinary disease of life"
 181-24  as that term is used in the context of a workers' compensation
 181-25  claim;
 181-26              (2)  the exposure to the disease occurs during the
 181-27  course of the employment; and
  182-1              (3)  the employee requires preventative medical
  182-2  treatment because of exposure to the disease.  (V.A.C.S. Art.
  182-3  1269t, Subsec. (b).)
  182-4        Sec. 607.003.  PHYSICIAN OF CHOICE.  A public safety employee
  182-5  who is exposed to a disease described by Section 607.002 is
  182-6  entitled to be treated for the prevention of that disease by the
  182-7  physician of the employee's choice.  (V.A.C.S. Art. 1269t, Subsec.
  182-8  (c).)
  182-9        Sec. 607.004.  PREVENTATIVE IMMUNIZATIONS AND VACCINATIONS.
 182-10  (a)  A certified fire fighter or other governmental employee who
 182-11  operates an ambulance or who responds to emergency medical calls is
 182-12  entitled to preventative immunization for any disease to which the
 182-13  fire fighter or other governmental employee may be exposed in
 182-14  performing official duties and for which immunization is possible.
 182-15        (b)  The employee and any member of the employee's immediate
 182-16  family are entitled to vaccination for a contagious disease to
 182-17  which the employee is exposed during the course of employment.
 182-18        (c)  The employing governmental entity may satisfy the
 182-19  requirements of this section by:
 182-20              (1)  providing the immunization or vaccination without
 182-21  charge; or
 182-22              (2)  reimbursing the employee for any necessary and
 182-23  reasonable expenses incurred by the employee for the immunization
 182-24  or vaccination.  (V.A.C.S. Art. 1269t, Subsec. (d).)
 182-25           CHAPTER 608.  PAYROLL DEDUCTION FOR SAVINGS BONDS
 182-26  Sec. 608.001.  DEFINITIONS
 182-27  Sec. 608.002.  AUTHORIZATION FOR PAYROLL DEDUCTION
  183-1  Sec. 608.003.  WITHHOLDING; DEDUCTION FROM PAYROLL
  183-2  Sec. 608.004.  ISSUANCE OF WARRANT TO OFFICER OR EMPLOYEE
  183-3  Sec. 608.005.  ISSUANCE OF WARRANT TO DEPARTMENT ADMINISTRATOR
  183-4                   OR DISBURSING OFFICER
  183-5  Sec. 608.006.  FORM OF PAYROLL
  183-6  Sec. 608.007.  TRUST ACCOUNT
  183-7  Sec. 608.008.  PURCHASE OF SAVINGS BONDS
  183-8  Sec. 608.009.  RECORDS
  183-9  Sec. 608.010.  TERMINATION OF DEDUCTION
 183-10  Sec. 608.011.  NO LIABILITY ON OFFICIAL BOND
 183-11           CHAPTER 608.  PAYROLL DEDUCTION FOR SAVINGS BONDS
 183-12        Sec. 608.001.  DEFINITIONS.  In this chapter:
 183-13              (1)  "Department administrator" means the chief
 183-14  administrator of a department of state government of which an
 183-15  individual executing an authorization is an officer or employee.
 183-16              (2)  "Disbursing officer" means the disbursing officer
 183-17  of a political subdivision of which an individual executing an
 183-18  authorization is an officer or employee.
 183-19              (3)  "Political subdivision" means a county,
 183-20  municipality, or other political subdivision of this state.
 183-21              (4)  "Savings bonds" means United States savings bonds.
 183-22  (New.)
 183-23        Sec. 608.002.  AUTHORIZATION FOR PAYROLL DEDUCTION.  (a)  An
 183-24  officer or employee of this state or of a political subdivision may
 183-25  voluntarily authorize the individual's department administrator or
 183-26  disbursing officer, as appropriate, to deduct from the individual's
 183-27  compensation an amount to be used to purchase savings bonds.
  184-1        (b)  An authorization must be in writing and must state:
  184-2              (1)  the period for which the authorization is to be in
  184-3  effect; and
  184-4              (2)  the amount to be deducted.  (V.A.C.S. Art. 6252-3,
  184-5  Sec. 1 (part).)
  184-6        Sec. 608.003.  WITHHOLDING; DEDUCTION FROM PAYROLL.  (a)  A
  184-7  department administrator or disbursing agent, as appropriate, may
  184-8  withhold the amount authorized under Section 608.002 from an
  184-9  individual's compensation each payday.
 184-10        (b)  If a withholding is made, the department administrator
 184-11  or disbursing officer shall make a deduction when the payroll of a
 184-12  state department or a political subdivision is presented to the
 184-13  comptroller or disbursing officer, as appropriate, for the issuance
 184-14  of warrants for payment.  (V.A.C.S. Art. 6252-3, Sec. 1 (part).)
 184-15        Sec. 608.004.  ISSUANCE OF WARRANT TO OFFICER OR EMPLOYEE.
 184-16  (a)  When the payroll of a state department is presented to the
 184-17  comptroller for payment, the comptroller shall issue to each
 184-18  officer or employee named in the payroll a warrant for the full
 184-19  amount of the officer's or employee's compensation, less:
 184-20              (1)  the amount deducted to purchase savings bonds; and
 184-21              (2)  the amount of other authorized deductions.
 184-22        (b)  When the payroll of a political subdivision is presented
 184-23  to the disbursing officer for payment, the disbursing officer shall
 184-24  issue to each officer or employee named in the payroll a warrant
 184-25  for the full amount of the officer's or employee's compensation,
 184-26  less:
 184-27              (1)  the amount deducted to purchase savings bonds; and
  185-1              (2)  the amount of other authorized deductions.
  185-2  (V.A.C.S. Art. 6252-3, Sec. 2 (part).)
  185-3        Sec. 608.005.  ISSUANCE OF WARRANT TO DEPARTMENT
  185-4  ADMINISTRATOR OR DISBURSING OFFICER.  (a)  When the payroll of a
  185-5  state department is presented to the comptroller for payment, the
  185-6  comptroller shall issue to the department administrator a warrant
  185-7  for the full amount deducted from the department's payroll for the
  185-8  payroll period to purchase savings bonds on behalf of department
  185-9  officers and employees.
 185-10        (b)  When the payroll of a political subdivision is presented
 185-11  to the disbursing officer for payment, the disbursing officer shall
 185-12  issue to the disbursing officer a warrant for the full amount
 185-13  deducted from the political subdivision's payroll for the payroll
 185-14  period to purchase savings bonds on behalf of officers and
 185-15  employees of the political subdivision.  (V.A.C.S. Art. 6252-3,
 185-16  Sec. 2 (part).)
 185-17        Sec. 608.006.  FORM OF PAYROLL.  (a)  The comptroller shall
 185-18  prescribe the proper form of payroll for state officers and
 185-19  employees to comply with this chapter.
 185-20        (b)  A disbursing officer shall prescribe the proper form of
 185-21  payroll for officers and employees of the disbursing officer's
 185-22  political subdivision to comply with this chapter.  (V.A.C.S. Art.
 185-23  6252-3, Sec. 2 (part).)
 185-24        Sec. 608.007.  TRUST ACCOUNT.  (a)  A department
 185-25  administrator shall deposit a warrant issued under Section
 185-26  608.005(a) with the state treasurer to be held in trust by the
 185-27  treasurer until disbursed by the department administrator to
  186-1  purchase savings bonds for an individual designated in an
  186-2  authorization under Section 608.002 filed with the department
  186-3  administrator.
  186-4        (b)  A disbursing officer shall deposit a warrant issued
  186-5  under Section 608.005(b) with the treasurer of the political
  186-6  subdivision to be held in trust by the treasurer until disbursed by
  186-7  the disbursing officer to purchase savings bonds for an individual
  186-8  designated in an authorization under Section 608.002 filed with the
  186-9  disbursing officer.
 186-10        (c)  A warrant held in trust under this section shall be
 186-11  deposited in an account designated as the savings bond payroll
 186-12  savings account.  The treasurer shall pay out money deposited in
 186-13  the account on proper warrants drawn by the department
 186-14  administrator or disbursing officer, as appropriate.  (V.A.C.S.
 186-15  Art. 6252-3, Sec. 2 (part).)
 186-16        Sec. 608.008.  PURCHASE OF SAVINGS BONDS.  (a)  A department
 186-17  administrator and a disbursing officer shall use money deducted and
 186-18  held in trust under this chapter to purchase savings bonds on
 186-19  behalf of an individual who has executed an authorization under
 186-20  Section 608.002, in the denomination designated and authorized in
 186-21  the individual's authorization, when an amount sufficient to make a
 186-22  purchase has been withheld.
 186-23        (b)  A department administrator or disbursing officer, on
 186-24  receipt of a savings bond purchased under Subsection (a), shall
 186-25  immediately deliver the bond to the individual entitled to it or
 186-26  shall mail the bond to the address designated by the individual in
 186-27  the authorization.  (V.A.C.S. Art. 6252-3, Sec. 3 (part).)
  187-1        Sec. 608.009.  RECORDS.  A department administrator and
  187-2  disbursing officer shall keep records at all times, itemizing money
  187-3  deducted and disbursed by the department administrator or
  187-4  disbursing officer under this chapter.  (V.A.C.S. Art. 6252-3, Sec.
  187-5  3 (part).)
  187-6        Sec. 608.010.  TERMINATION OF DEDUCTION.  (a)  A department
  187-7  administrator or disbursing officer shall stop deducting money
  187-8  under this chapter from the compensation of an officer or employee
  187-9  if:
 187-10              (1)  the individual stops being an officer or employee
 187-11  of the department or political subdivision;
 187-12              (2)  the individual in writing notifies the department
 187-13  administrator or disbursing officer that the individual elects to
 187-14  cancel the authorization; or
 187-15              (3)  the arrangement for deducting money by department
 187-16  administrators or disbursing officers is terminated.
 187-17        (b)  On termination as provided by Subsection (a), any money
 187-18  that has been deducted from an officer's or employee's compensation
 187-19  but has not been used to purchase savings bonds shall be remitted
 187-20  immediately by proper warrant to the individual from whose
 187-21  compensation the money has been deducted.  (V.A.C.S. Art. 6252-3,
 187-22  Sec. 4.)
 187-23        Sec. 608.011.  NO LIABILITY ON OFFICIAL BOND.  A department
 187-24  administrator or disbursing officer is not liable on a bond
 187-25  required of the individual as an official because of a duty imposed
 187-26  on the individual by this chapter.  (V.A.C.S. Art. 6252-3, Sec. 5.)
 187-27               CHAPTER 609.  DEFERRED COMPENSATION PLANS
  188-1                   SUBCHAPTER A.  GENERAL PROVISIONS
  188-2  Sec. 609.001.  DEFINITIONS
  188-3  Sec. 609.002.  QUALIFICATIONS FOR QUALIFIED VENDOR
  188-4  Sec. 609.003.  QUALIFIED INVESTMENT PRODUCT
  188-5  Sec. 609.004.  PERMISSIBLE USE OF PUBLIC FUNDS
  188-6  Sec. 609.005.  PLAN AS COMPENSATION
  188-7  Sec. 609.006.  CONFORMANCE TO OR CONFLICT WITH FEDERAL LAW
  188-8  Sec. 609.007.  CONTRACT FOR DEFERMENT OF COMPENSATION
  188-9  Sec. 609.008.  CREDITING TRUST FUND INTEREST
 188-10  Sec. 609.009.  OWNERSHIP UNDER 457 PLAN
 188-11  Sec. 609.010.  LIABILITY; RESPONSIBILITY FOR MONITORING
 188-12  Sec. 609.011.  NOTIFICATION BY 457 PLAN ADMINISTRATOR
 188-13  Sec. 609.012.  TRANSFER FROM A 457 PLAN VENDOR
 188-14  Sec. 609.013.  INABILITY TO DISTRIBUTE
 188-15         (Sections 609.014 to 609.100 reserved for expansion)
 188-16      SUBCHAPTER B.  DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF
 188-17                        POLITICAL SUBDIVISIONS
 188-18  Sec. 609.101.  DEFINITIONS
 188-19  Sec. 609.102.  CREATION OF PLAN
 188-20  Sec. 609.103.  DESIGNATION OF PLAN ADMINISTRATOR
 188-21  Sec. 609.104.  REMOVAL OF PLAN ADMINISTRATOR
 188-22  Sec. 609.105.  DELEGATION OF 401(k) PLAN ADMINISTRATOR'S
 188-23                   AUTHORITY AND RESPONSIBILITIES
 188-24  Sec. 609.106.  OVERSIGHT COMMITTEE
 188-25  Sec. 609.107.  AUTHORITY OF PLAN ADMINISTRATOR
 188-26  Sec. 609.108.  INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
 188-27                   AND INCOME
  189-1  Sec. 609.109.  PARTICIPATION OF INDEPENDENT CONTRACTORS
  189-2  Sec. 609.110.  CHANGING AMOUNT DEFERRED
  189-3  Sec. 609.111.  DISTRIBUTION
  189-4  Sec. 609.112.  FEE
  189-5  Sec. 609.113.  EVALUATION AND APPROVAL OF
  189-6                   QUALIFIED VENDOR
  189-7  Sec. 609.114.  NUMBER OF VENDORS UNDER 457 PLAN
  189-8  Sec. 609.115.  CONTRACT WITH QUALIFIED VENDOR
  189-9  Sec. 609.116.  REGULATION OF QUALIFIED VENDORS
 189-10  Sec. 609.117.  LOANS UNDER 401(k) PLAN
 189-11  Sec. 609.118.  TRUST FOR 401(k) PLAN
 189-12  Sec. 609.119.  TRANSFER ON VENDOR'S FAILURE
 189-13         (Sections 609.120 to 609.500 reserved for expansion)
 189-14      SUBCHAPTER C.  DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF
 189-15                            STATE AGENCIES
 189-16  Sec. 609.501.  DEFINITION
 189-17  Sec. 609.502.  CREATION OF PLAN; PARTICIPATION
 189-18  Sec. 609.503.  CHANGING AMOUNT DEFERRED
 189-19  Sec. 609.504.  INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
 189-20                   AND INCOME
 189-21  Sec. 609.505.  QUALIFIED VENDOR
 189-22  Sec. 609.506.  INSURANCE COMPANY AS QUALIFIED VENDOR
 189-23  Sec. 609.507.  FINANCIAL INSTITUTION AS QUALIFIED VENDOR
 189-24  Sec. 609.508.  RULES
 189-25  Sec. 609.509.  CONTRACTS FOR GOODS AND SERVICES
 189-26  Sec. 609.510.  EXEMPTION FOR CERTAIN CONTRACTS
 189-27  Sec. 609.511.  FEE
  190-1  Sec. 609.512.  DEFERRED COMPENSATION PLAN TRUST FUNDS
  190-2  Sec. 609.513.  DISCRETIONARY TRANSFER
  190-3  Sec. 609.514.  ALTERNATIVE TO FUND DEPOSIT
  190-4  Sec. 609.515.  FIDUCIARY INSURANCE
  190-5               CHAPTER 609.  DEFERRED COMPENSATION PLANS
  190-6                   SUBCHAPTER A.  GENERAL PROVISIONS
  190-7        Sec. 609.001.  DEFINITIONS.  In this chapter:
  190-8              (1)  "Board of trustees" means the board of trustees of
  190-9  the Employees Retirement System of Texas.
 190-10              (2)  "Employee" means an individual who is an officer
 190-11  or employee of a state agency or political subdivision, as
 190-12  appropriate.
 190-13              (3)  "Investment income" means the amount earned from
 190-14  investment in a qualified investment product of compensation
 190-15  deferred under a deferred compensation plan.
 190-16              (4)  "Participating employee" means an employee who
 190-17  contracts to participate in a deferred compensation plan.
 190-18              (5)  "Plan administrator" means the person responsible
 190-19  for administering a deferred compensation plan.
 190-20              (6)  "Political subdivision" means a governmental
 190-21  entity in the state that is not a state agency and includes a
 190-22  county, municipality, school district, river authority, other
 190-23  special purpose district or authority, and junior college district.
 190-24              (7)  "Qualified vendor" means a vendor approved by a
 190-25  plan administrator or with whom a plan administrator has contracted
 190-26  for participation in the deferred compensation plan.
 190-27              (8)  "State agency" means a board, commission, office,
  191-1  department, or other agency in the executive, judicial, or
  191-2  legislative branch of state government, including an institution of
  191-3  higher education as defined by Section 61.003, Education Code, but
  191-4  does not include a public junior college.
  191-5              (9)  "Vendor" means a private entity that sells
  191-6  investment products.
  191-7              (10)  "401(k) plan" means an employees' deferred
  191-8  compensation plan, the federal income tax treatment of which is
  191-9  governed by Section 401(k) of the Internal Revenue Code of 1986 (26
 191-10  U.S.C. Section 401(k)).
 191-11              (11)  "457 plan" means an employees' deferred
 191-12  compensation plan, the federal income tax treatment of which is
 191-13  governed by Section 457 of the Internal Revenue Code of 1986 (26
 191-14  U.S.C. Section 457).  (V.A.C.S. Art. 6252-3g, Secs. 1.01(4), (5),
 191-15  (6), (7), (9), (10), (11), (12), (14), 2.01(4), (5), (6), (7), (9),
 191-16  (10), (12), (13), (15); New.)
 191-17        Sec. 609.002.  QUALIFICATIONS FOR QUALIFIED VENDOR.  A vendor
 191-18  may be a qualified vendor for a 457 plan or a 401(k) plan created
 191-19  by a political subdivision or group of political subdivisions only
 191-20  if the vendor satisfies the requirements for participation in the
 191-21  deferred compensation plan provided by:
 191-22              (1)  this chapter; and
 191-23              (2)  the plan administrator. (V.A.C.S. Art. 6252-3g,
 191-24  Secs. 1.22 (part), 2.05 (part).)
 191-25        Sec. 609.003.  QUALIFIED INVESTMENT PRODUCT.  (a)  To be
 191-26  classified as a qualified investment product for a deferred
 191-27  compensation plan, an investment product must be approved by the
  192-1  plan administrator to receive investments under the plan.  The
  192-2  approval of an investment product for a 457 plan must be in
  192-3  writing.
  192-4        (b)  The approval of an investment product for a 401(k) plan
  192-5  of a political subdivision or group of political subdivisions must
  192-6  be in accordance with a contract between the plan administrator and
  192-7  a qualified vendor.
  192-8        (c)  A qualified investment product may be offered only by a
  192-9  qualified vendor of the deferred compensation plan.  (V.A.C.S.
 192-10  Art. 6252-3g, Secs. 1.11(2), 1.31, 2.01(11), 2.04 (part).)
 192-11        Sec. 609.004.  PERMISSIBLE USE OF PUBLIC FUNDS.  A deferred
 192-12  compensation plan governed by this chapter is a permissible use of
 192-13  the funds of a state agency or political subdivision.  (V.A.C.S.
 192-14  Art. 6252-3g, Secs. 1.02 (part), 2.02 (part).)
 192-15        Sec. 609.005.  PLAN AS COMPENSATION.  (a)  A deferred
 192-16  compensation plan is a part of an employee's compensation and is in
 192-17  addition to a retirement, pension, or benefit system established by
 192-18  law.
 192-19        (b)  The deferral of compensation does not reduce retirement,
 192-20  pension, or other benefits provided by law unless the reduction is
 192-21  required by federal law.  (V.A.C.S. Art. 6252-3g, Secs. 1.02
 192-22  (part), 2.02 (part).)
 192-23        Sec. 609.006.  CONFORMANCE TO OR CONFLICT WITH FEDERAL LAW.
 192-24  (a)  A deferred compensation plan must conform to federal law to
 192-25  provide that deferred amounts and investment income are not
 192-26  includable, for federal income tax purposes, in the gross income of
 192-27  a participating employee until distributed to the employee.
  193-1        (b)  Federal law controls to the extent that this chapter
  193-2  materially conflicts with:
  193-3              (1)  Section 401(k), Internal Revenue Code of 1986 (26
  193-4  U.S.C. Section 401(k));
  193-5              (2)  Section 457, Internal Revenue Code of 1986 (26
  193-6  U.S.C. Section 457); or
  193-7              (3)  other federal law, including a federal rule
  193-8  governing deferred compensation plans.
  193-9        (c)  For the purposes of Subsection (b), a conflict is
 193-10  material only if, for federal income tax purposes, it is reasonably
 193-11  certain to result in the inclusion of an employee's deferred
 193-12  amounts or investment income in the employee's gross income before
 193-13  the amounts or income are distributed to the employee.
 193-14        (d)  The board of trustees of the Employees Retirement System
 193-15  of Texas may adopt rules necessary to make a deferred compensation
 193-16  plan established under Subchapter C a qualified plan under federal
 193-17  law, including federal rules and regulations.  (V.A.C.S.
 193-18  Art. 6252-3g, Secs. 1.03, 1.05, 1.48, 2.03, 2.11, 2.54.)
 193-19        Sec. 609.007.  CONTRACT FOR DEFERMENT OF COMPENSATION.
 193-20  (a)  A political subdivision may contract with an employee of the
 193-21  political subdivision for the deferment of any part of the
 193-22  employee's compensation.
 193-23        (b)  The board of trustees of the Employees Retirement System
 193-24  of Texas may contract with an employee of a state agency
 193-25  participating in a deferred compensation plan for the deferment of
 193-26  any part of the employee's compensation.
 193-27        (c)  To participate in a deferred compensation plan, an
  194-1  employee must consent in the contract to automatic payroll
  194-2  deductions in an amount equal to the deferred amount.  (V.A.C.S.
  194-3  Art. 6252-3g, Secs. 1.16 (part), 1.42 (part), 2.25 (part), 2.50
  194-4  (part).)
  194-5        Sec. 609.008.  CREDITING TRUST FUND INTEREST.  Interest
  194-6  earned on an employee's deferred amounts and investment income
  194-7  deposited in the deferred compensation trust fund, as defined by
  194-8  Section 609.101, or in the TexaSaver trust fund or the other
  194-9  deferred compensation trust fund to which Section 609.512 applies
 194-10  is credited to the employee.  (V.A.C.S. Art. 6252-3g, Secs. 1.24,
 194-11  1.45, 2.10.)
 194-12        Sec. 609.009.  OWNERSHIP UNDER 457 PLAN.  An employee's
 194-13  deferred amounts and investment income under a 457 plan and the
 194-14  qualified investment products in which the amounts are invested are
 194-15  the property of the employing political subdivision or state
 194-16  agency, as appropriate, until the deferred amounts and investment
 194-17  income are distributed to the employee.  (V.A.C.S. Art. 6252-3g,
 194-18  Sec. 2.06.)
 194-19        Sec. 609.010.  LIABILITY; RESPONSIBILITY FOR MONITORING.
 194-20  (a)  The board of trustees, a state agency, a political
 194-21  subdivision, a plan administrator, or an employee of any of those
 194-22  persons is not liable to a participating employee for the
 194-23  diminution in value or loss of all or part of the participating
 194-24  employee's deferred amounts or investment income because of market
 194-25  conditions or the failure, insolvency, or bankruptcy of a qualified
 194-26  vendor.
 194-27        (b)  A participating employee is responsible for monitoring:
  195-1              (1)  the financial status of the qualified vendor in
  195-2  whose products the employee's deferred amounts and investment
  195-3  income are invested;
  195-4              (2)  market conditions; and
  195-5              (3)  the amount of the employee's deferred amounts and
  195-6  investment income that is invested in the qualified vendor's
  195-7  product.  (V.A.C.S. Art. 6252-3g, Secs. 1.04, 2.07.)
  195-8        Sec. 609.011.  NOTIFICATION BY 457 PLAN ADMINISTRATOR.
  195-9  (a)  The plan administrator of a 457 plan may notify an employee
 195-10  participating in the plan that the administrator believes that:
 195-11              (1)  a qualified vendor is having significant financial
 195-12  difficulties; or
 195-13              (2)  the amount of the employee's deferred amounts and
 195-14  investment income invested with a qualified vendor exceeds an
 195-15  insured or guaranteed level.
 195-16        (b)  A plan administrator is not liable to an employee for a
 195-17  loss resulting from the failure to notify the employee under this
 195-18  section.  (V.A.C.S. Art. 6252-3g, Sec. 2.08.)
 195-19        Sec. 609.012.  TRANSFER FROM A 457 PLAN VENDOR.  The plan
 195-20  administrator of a 457 plan may immediately transfer to the plan's
 195-21  deferred compensation trust fund all deferred amounts and
 195-22  investment income from a vendor who at any time fails to satisfy
 195-23  the requirements of this chapter or the plan administrator.
 195-24  Immediately after making the transfer, the plan administrator shall
 195-25  give to each employee whose deferred amounts and investment income
 195-26  were transferred a notice that states that:
 195-27              (1)  the vendor's investment products are ineligible to
  196-1  receive additional deferred amounts;
  196-2              (2)  the amounts have been transferred from the vendor
  196-3  to the deferred compensation trust fund; and
  196-4              (3)  the employee is required to promptly designate
  196-5  another qualified investment product to receive the transferred
  196-6  amount.  (V.A.C.S. Art. 6252-3g, Sec. 2.05 (part).)
  196-7        Sec. 609.013.  INABILITY TO DISTRIBUTE.  If a plan
  196-8  administrator cannot distribute promptly an employee's deferred
  196-9  amounts and investment income when a distribution is due and
 196-10  permissible under federal law, the plan administrator shall deposit
 196-11  the amount to be distributed in the deferred compensation trust
 196-12  fund defined by Section 609.101 or described by Section 609.512, as
 196-13  appropriate.  (V.A.C.S. Art. 6252-3g, Secs. 1.23, 1.44, 2.09.)
 196-14         (Sections 609.014 to 609.100 reserved for expansion)
 196-15            SUBCHAPTER B.  DEFERRED COMPENSATION PLANS FOR
 196-16                  EMPLOYEES OF POLITICAL SUBDIVISIONS
 196-17        Sec. 609.101.  DEFINITIONS.  In this subchapter:
 196-18              (1)  "Deferred compensation plan" means a plan
 196-19  established under this subchapter.
 196-20              (2)  "Deferred compensation trust fund" means the fund
 196-21  in which deferred amounts and investment income of participating
 196-22  employees are temporarily held.
 196-23              (3)  "Investment product" includes a life insurance
 196-24  policy, fixed or variable rate annuity, mutual fund, certificate of
 196-25  deposit, money market account, and passbook savings account.
 196-26  (V.A.C.S. Art. 6252-3g, Secs. 1.01(3), 1.11(1), 2.01(3), 2.21;
 196-27  New.)
  197-1        Sec. 609.102.  CREATION OF PLAN.  (a)  A political
  197-2  subdivision may create and administer for its employees a 401(k)
  197-3  plan under this subchapter.
  197-4        (b)  A political subdivision may create and administer for
  197-5  its employees a 457 plan under this subchapter.
  197-6        (c)  A political subdivision may contract with other
  197-7  political subdivisions to create a single deferred compensation
  197-8  plan for their employees under Subsection (a) or (b).  (V.A.C.S.
  197-9  Art. 6252-3g, Secs. 1.01(2), 1.12, 1.15, 2.01(2), 2.22, 2.24.)
 197-10        Sec. 609.103.  DESIGNATION OF PLAN ADMINISTRATOR.  (a)  A
 197-11  political subdivision that creates a deferred compensation plan
 197-12  shall designate a plan administrator for the plan.
 197-13        (b)  Political subdivisions that create a single plan shall
 197-14  designate jointly a plan administrator for the plan.
 197-15        (c)  A plan administrator may be an employee, a nonprofit
 197-16  corporation, an individual, a trustee, a private entity, another
 197-17  political subdivision, or an association of political subdivisions.
 197-18  (V.A.C.S. Art. 6252-3g, Secs. 1.17(a), (b), (c), 2.26.)
 197-19        Sec. 609.104.  REMOVAL OF PLAN ADMINISTRATOR.  A political
 197-20  subdivision or group of political subdivisions that designates a
 197-21  plan administrator may remove the plan administrator at any time
 197-22  unless specifically provided otherwise by contract.  (V.A.C.S. Art.
 197-23  6252-3g, Secs. 1.18(b), 2.27(b).)
 197-24        Sec. 609.105.  DELEGATION OF 401(k) PLAN ADMINISTRATOR'S
 197-25  AUTHORITY AND RESPONSIBILITIES.  A plan administrator of a 401(k)
 197-26  plan may delegate the administrator's authority and
 197-27  responsibilities under this subchapter to another person.
  198-1  (V.A.C.S. Art. 6252-3g, Sec. 1.17(d).)
  198-2        Sec. 609.106.  OVERSIGHT COMMITTEE.  (a)  A political
  198-3  subdivision or group of political subdivisions that creates a
  198-4  deferred compensation plan may direct and supervise the activities
  198-5  of the plan administrator through an oversight committee.
  198-6        (b)  The political subdivision or group shall determine the
  198-7  authority, activities, and composition of an oversight committee
  198-8  created under this section.  (V.A.C.S. Art. 6252-3g, Secs. 1.18(a),
  198-9  (c) (part), 2.27(a), (c) (part).)
 198-10        Sec. 609.107.  AUTHORITY OF PLAN ADMINISTRATOR.  (a)  A plan
 198-11  administrator shall execute necessary contracts for the
 198-12  administration of the deferred compensation plan, subject to any
 198-13  prior approval required by the political subdivision or group of
 198-14  political subdivisions that created the plan.
 198-15        (b)  A plan administrator shall develop and implement
 198-16  criteria and procedures for any matter not covered by this
 198-17  subchapter that the plan administrator considers appropriate for
 198-18  the operation of the deferred compensation plan.  (V.A.C.S.
 198-19  Art. 6252-3g, Secs. 1.18(c)(3), (11), 2.27(c)(4), (11).)
 198-20        Sec. 609.108.  INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
 198-21  AND INCOME.  The plan administrator shall:
 198-22              (1)  invest the deferred amounts and investment income
 198-23  of a participating employee in the qualified investment products
 198-24  designated by the employee; and
 198-25              (2)  transfer the deferred amounts and investment
 198-26  income of a participating employee from one qualified investment
 198-27  product to another on the employee's request.  (V.A.C.S. Art.
  199-1  6252-3g, Secs. 1.18(c)(1), (2), 2.04 (part), 2.27(c)(1), (2).)
  199-2        Sec. 609.109.  PARTICIPATION OF INDEPENDENT CONTRACTORS.
  199-3  (a)  The plan administrator shall determine whether a person who
  199-4  provides services as an independent contractor to a political
  199-5  subdivision that created the plan may participate in the deferred
  199-6  compensation plan.
  199-7        (b)  For the purposes of Subchapter A and this subchapter, an
  199-8  independent contractor that is authorized to participate in a
  199-9  deferred compensation plan is treated as an employee of the
 199-10  political subdivision creating the plan.  (V.A.C.S. Art. 6252-3g,
 199-11  Secs. 1.01(4) (part), 1.18(c)(10), 2.01(4) (part), 2.27(c)(10).)
 199-12        Sec. 609.110.  CHANGING AMOUNT DEFERRED.  An employee may
 199-13  change the amount to be deferred by notifying the plan
 199-14  administrator of the change in accordance with the requirements of
 199-15  the administrator.  (V.A.C.S. Art. 6252-3g, Secs. 1.16 (part), 2.25
 199-16  (part).)
 199-17        Sec. 609.111.  DISTRIBUTION.  A plan administrator shall
 199-18  develop and implement procedures for:
 199-19              (1)  the designation by a participating employee of a
 199-20  beneficiary to receive the employee's deferred amounts and
 199-21  investment income after the employee's death; and
 199-22              (2)  the distribution of a participating employee's
 199-23  deferred amounts and investment income to the employee or the
 199-24  employee's beneficiary, as appropriate, because of the employee's
 199-25  death or termination of employment, a financial hardship, or
 199-26  another reason permissible under federal law.  (V.A.C.S. Art.
 199-27  6252-3g, Secs. 1.18(c)(8), (9), 2.27(c)(8), (9).)
  200-1        Sec. 609.112.  FEE.  (a)  A political subdivision or group of
  200-2  political subdivisions that creates a deferred compensation plan
  200-3  may assess a fee for the administration of the plan against each
  200-4  participating employee.
  200-5        (b)  The political subdivision or group of political
  200-6  subdivisions shall determine the method for computing and assessing
  200-7  the fee.  (V.A.C.S. Art. 6252-3g, Secs. 1.14, 2.23.)
  200-8        Sec. 609.113.  EVALUATION AND APPROVAL OF QUALIFIED VENDOR.
  200-9  (a)  A plan administrator shall develop and implement criteria and
 200-10  procedures for evaluating a vendor's application to become a
 200-11  qualified vendor.
 200-12        (b)  A plan administrator may not approve a vendor's
 200-13  application if the vendor is:
 200-14              (1)  a state or national bank or savings and loan
 200-15  association, the deposits of which are not insured by the Federal
 200-16  Deposit Insurance Corporation;
 200-17              (2)  a credit union, the deposits of which are not
 200-18  insured by the National Credit Union Administration Board or the
 200-19  Texas Share Guaranty Credit Union; or
 200-20              (3)  an insurance company that:
 200-21                    (A)  is not a member of the Life, Accident,
 200-22  Health, and Hospital Service Insurance Guaranty Association; or
 200-23                    (B)  is an impaired or insolvent insurer under
 200-24  Article 21.28-D, Insurance Code.
 200-25        (c)  On written request, the Texas Department of Insurance
 200-26  shall certify in writing to a plan administrator whether an
 200-27  insurance company is prohibited from being approved as a qualified
  201-1  vendor under Subsection (b)(3).  The plan administrator may rely on
  201-2  the certification.  (V.A.C.S. Art. 6252-3g, Secs. 1.18(c)(4), 1.19,
  201-3  1.20, 2.27(c)(5), 2.28, 2.29, 2.31 (part).)
  201-4        Sec. 609.114.  NUMBER OF VENDORS UNDER 457 PLAN.  The plan
  201-5  administrator of a 457 plan shall determine the minimum and maximum
  201-6  number of vendors that may be qualified vendors for the plan at any
  201-7  given time.  (V.A.C.S. Art. 6252-3g, Sec. 2.27(c)(3).)
  201-8        Sec. 609.115.  CONTRACT WITH QUALIFIED VENDOR.  (a)  After a
  201-9  plan administrator approves an application of a vendor to become a
 201-10  qualified vendor or, under a 401(k) plan, after the plan
 201-11  administrator approves an application of a vendor to become a
 201-12  qualified vendor and approves the vendor's investment products, the
 201-13  plan administrator shall execute a written contract with the vendor
 201-14  to participate in the deferred compensation plan.
 201-15        (b)  A plan administrator shall develop and implement
 201-16  criteria and procedures for evaluating a qualified vendor's
 201-17  investment products to determine whether those products are
 201-18  acceptable as qualified investment products.
 201-19        (c)  A qualified vendor may offer to employees participating
 201-20  in a 457 plan only qualified investment products.  (V.A.C.S. Art.
 201-21  6252-3g, Secs. 1.18(c)(6), 1.21, 2.27(c)(7), 2.30.)
 201-22        Sec. 609.116.  REGULATION OF QUALIFIED VENDORS.  A plan
 201-23  administrator shall develop and implement requirements for
 201-24  qualified vendors and their employees concerning disclosure,
 201-25  reporting, standards of conduct, solicitation, advertising,
 201-26  relationships with participating employees, the nature and quality
 201-27  of services provided to those employees, and other matters.
  202-1  (V.A.C.S. Art. 6252-3g, Secs. 1.18(c)(5), 2.27(c)(6).)
  202-2        Sec. 609.117.  LOANS UNDER 401(k) PLAN.  The plan
  202-3  administrator of a 401(k) plan shall develop and implement
  202-4  procedures to efficiently administer a program that allows a
  202-5  qualified vendor to lend money to a participating employee.
  202-6  (V.A.C.S. Art. 6252-3g, Sec. 1.18(c)(7).)
  202-7        Sec. 609.118.  TRUST FOR 401(k) PLAN.  A political
  202-8  subdivision or group of political subdivisions that creates a
  202-9  401(k) plan may:
 202-10              (1)  establish a trust to hold deferred amounts and
 202-11  investment income for the benefit of participating employees; and
 202-12              (2)  act as trustee of the trust.  (V.A.C.S. Art.
 202-13  6252-3g, Sec. 1.13.)
 202-14        Sec. 609.119.  TRANSFER ON VENDOR'S FAILURE.  A political
 202-15  subdivision or group of subdivisions that creates a deferred
 202-16  compensation plan may authorize or require as a part of the plan
 202-17  that the plan administrator immediately transfer to the deferred
 202-18  compensation trust fund all deferred amounts and investment income
 202-19  from a vendor who fails to satisfy the requirements of this
 202-20  subchapter or the plan administrator.  (V.A.C.S. Art. 6252-3g,
 202-21  Secs. 1.22 (part), 2.31 (part).)
 202-22         (Sections 609.120 to 609.500 reserved for expansion)
 202-23            SUBCHAPTER C.  DEFERRED COMPENSATION PLANS FOR
 202-24                      EMPLOYEES OF STATE AGENCIES
 202-25        Sec. 609.501.  DEFINITION.  In this subchapter, "deferred
 202-26  compensation plan" means a plan established under this subchapter.
 202-27  (New.)
  203-1        Sec. 609.502.  CREATION OF PLAN; PARTICIPATION.  (a)  The
  203-2  board of trustees of the Employees Retirement System of Texas is
  203-3  the plan administrator of a 401(k) plan known as TexaSaver
  203-4  established under this subchapter.
  203-5        (b)  The board of trustees is the plan administrator of a 457
  203-6  plan established under this subchapter.
  203-7        (c)  The board of trustees shall administer all aspects of
  203-8  each plan.
  203-9        (d)  The board of trustees may designate a person to assist
 203-10  in the execution of the board's authority and responsibilities as
 203-11  plan administrator.
 203-12        (e)  A state agency may participate in either or both plans.
 203-13  (V.A.C.S. Art. 6252-3g, Secs. 1.01(2), 1.32, 1.35, 2.01(2), 2.41,
 203-14  2.44.)
 203-15        Sec. 609.503.  CHANGING AMOUNT DEFERRED.  An employee may
 203-16  change the amount to be deferred by giving written notification of
 203-17  the change to the board of trustees.  (V.A.C.S. Art. 6252-3g, Secs.
 203-18  1.42 (part), 2.50 (part).)
 203-19        Sec. 609.504.  INVESTMENT AND TRANSFER OF DEFERRED AMOUNTS
 203-20  AND INCOME.  After execution of a contract under Section 609.007,
 203-21  the board of trustees shall:
 203-22              (1)  invest the deferred amounts and investment income
 203-23  of the employee in the qualified investment products designated in
 203-24  writing by the employee; and
 203-25              (2)  promptly transfer the deferred amounts and
 203-26  investment income of the employee from one qualified investment
 203-27  product to another on the employee's written request.  (V.A.C.S.
  204-1  Art. 6252-3g, Secs. 1.43, 2.04 (part), 2.51.)
  204-2        Sec. 609.505.  QUALIFIED VENDOR.  (a)  The board of trustees,
  204-3  in accordance with rules adopted under this subchapter, may
  204-4  contract with a qualified vendor to participate in a deferred
  204-5  compensation plan.
  204-6        (b)  In a contract under Subsection (a), the board of
  204-7  trustees may require the vendor to be audited annually by an
  204-8  independent auditor paid by the vendor.  (V.A.C.S. Art. 6252-3g,
  204-9  Secs. 1.39, 2.48.)
 204-10        Sec. 609.506.  INSURANCE COMPANY AS QUALIFIED VENDOR.  On
 204-11  written request, the Texas Department of Insurance shall certify in
 204-12  writing to the board of trustees whether an insurance company is
 204-13  eligible to be a qualified vendor under rules adopted by the board.
 204-14  The board is entitled to rely on the certification.  (V.A.C.S. Art.
 204-15  6252-3g, Secs. 1.38, 2.47.)
 204-16        Sec. 609.507.  FINANCIAL INSTITUTION AS QUALIFIED VENDOR.
 204-17  (a)  Each bank or savings and loan association that is a qualified
 204-18  vendor shall:
 204-19              (1)  treat deferred amounts and investment income as
 204-20  state funds; and
 204-21              (2)  comply with Chapter 404.
 204-22        (b)  The state treasurer shall monitor each bank or savings
 204-23  and loan association that is a qualified vendor for compliance with
 204-24  Chapter 404.  The state treasurer shall immediately notify the
 204-25  board of trustees of a violation of that chapter that the treasurer
 204-26  observes.
 204-27        (c)  The board of trustees is entitled to rely on the
  205-1  supervision of the state treasurer.  (V.A.C.S. Art. 6252-3g, Secs.
  205-2  1.37, 2.46.)
  205-3        Sec. 609.508.  RULES.  The board of trustees may adopt rules,
  205-4  including plans and procedures, and orders necessary to carry out
  205-5  the purposes of this subchapter, including rules or orders relating
  205-6  to:
  205-7              (1)  the selection and regulation of vendors for a
  205-8  deferred compensation plan;
  205-9              (2)  the regulation of the practices of agents employed
 205-10  by vendors;
 205-11              (3)  the disclosure of information concerning
 205-12  investment products;
 205-13              (4)  the regulation of advertising materials to be used
 205-14  by vendors; and
 205-15              (5)  the submission of financial information by a
 205-16  vendor.  (V.A.C.S. Art. 6252-3g, Secs. 1.36, 2.45.)
 205-17        Sec. 609.509.  CONTRACTS FOR GOODS AND SERVICES.  (a)  The
 205-18  board of trustees may contract for necessary goods and consolidated
 205-19  billing, accounting, and other services to be provided in
 205-20  connection with a deferred compensation plan.
 205-21        (b)  In a contract under Subsection (a), the board of
 205-22  trustees may provide for the board to audit periodically the person
 205-23  with whom the contract is made.  The audit may cover:
 205-24              (1)  the proper handling and accounting of state funds;
 205-25  and
 205-26              (2)  other matters related to the proper performance of
 205-27  the contract.
  206-1        (c)  The board of trustees may contract with a private entity
  206-2  to conduct the audit under Subsection (b).  (V.A.C.S. Art. 6252-3g,
  206-3  Secs. 1.40, 2.49(a), (b).)
  206-4        Sec. 609.510.  EXEMPTION FOR CERTAIN CONTRACTS.  A contract
  206-5  authorized by Section 609.505 for TexaSaver or by Section 609.509
  206-6  for either deferred compensation plan is exempt from:
  206-7              (1)  the State Purchasing and General Services Act
  206-8  (Article 601b, Vernon's Texas Civil Statutes);
  206-9              (2)  Chapter 463; and
 206-10              (3)  Chapter 2254.  (V.A.C.S. Art. 6252-3g, Secs. 1.41,
 206-11  2.49(c).)
 206-12        Sec. 609.511.  FEE.  (a)  The board of trustees may assess a
 206-13  fee against participating employees or qualified vendors, or both
 206-14  the employees and the qualified vendors, in the manner and to the
 206-15  extent it determines necessary to cover the costs of administering
 206-16  the plan.
 206-17        (b)  The board of trustees shall determine the method for
 206-18  computing and assessing a fee under this section.  (V.A.C.S. Art.
 206-19  6252-3g, Secs. 1.34(a), 2.43(a).)
 206-20        Sec. 609.512.  DEFERRED COMPENSATION PLAN TRUST FUNDS.
 206-21  (a)  The TexaSaver trust fund is in the state treasury.  The fund
 206-22  is for the benefit of TexaSaver.
 206-23        (b)  The deferred compensation trust fund is in the state
 206-24  treasury.  The fund is for the benefit of the deferred compensation
 206-25  plan described by Section 609.502(a).
 206-26        (c)  The board of trustees shall administer each trust fund.
 206-27        (d)  Deferred amounts, fees collected under Section 609.511,
  207-1  and state appropriations for the administration of a deferred
  207-2  compensation plan shall be credited to the appropriate trust fund.
  207-3        (e)  The interest on and earnings of amounts in a trust fund
  207-4  and the proceeds from the sale of investments shall be credited to
  207-5  the fund.
  207-6        (f)  The amounts credited to a trust fund are available
  207-7  without fiscal year limitation:
  207-8              (1)  to pay expenses for administering the deferred
  207-9  compensation plan for which the trust fund was established; and
 207-10              (2)  to purchase qualified investment products for
 207-11  participants of the appropriate plan.
 207-12        (g)  The board of trustees may establish accounts in a trust
 207-13  fund that it considers necessary, including an account for the
 207-14  administration of the deferred compensation plan for which the
 207-15  trust fund was established.
 207-16        (h)  The board of trustees may transfer assets from one
 207-17  account of a trust fund to another account of the fund for
 207-18  financial management purposes if adequate arrangements are made to:
 207-19              (1)  reimburse the account from which the transfer is
 207-20  made; and
 207-21              (2)  pay administrative expenses.
 207-22        (i)  The board of trustees may invest and reinvest money in a
 207-23  trust fund subject only to the duty of care provided by Section
 207-24  815.307 that would apply if the investments were being made for the
 207-25  Employees Retirement System of Texas.  (V.A.C.S. Art. 6252-3g,
 207-26  Secs. 1.33, 1.34(b) (part), 2.42, 2.43(b).)
 207-27        Sec. 609.513.  DISCRETIONARY TRANSFER.  (a)  The board of
  208-1  trustees may transfer an employee's deferred amounts and investment
  208-2  income from a qualified investment product to the trust fund of the
  208-3  deferred compensation plan in which the employee participates if
  208-4  the board of trustees determines that the transfer is in the best
  208-5  interest of the plan and the employee.
  208-6        (b)  The board of trustees is not required to give notice of
  208-7  a transfer under Subsection (a) to the employee before the transfer
  208-8  occurs.
  208-9        (c)  Promptly after a transfer under Subsection (a) occurs,
 208-10  the board of trustees shall give to the employee a notice that:
 208-11              (1)  states the reason for the transfer; and
 208-12              (2)  requests that the employee promptly designate
 208-13  another qualified investment product to receive the transferred
 208-14  amount.  (V.A.C.S. Art. 6252-3g, Secs. 1.46, 2.52.)
 208-15        Sec. 609.514.  ALTERNATIVE TO FUND DEPOSIT.  Instead of
 208-16  depositing deferred amounts and investment income in the trust fund
 208-17  of the deferred compensation plan, the board of trustees may invest
 208-18  them in a qualified investment product specifically designated by
 208-19  the board for that purpose.  (V.A.C.S. Art. 6252-3g, Secs. 1.47,
 208-20  2.53.)
 208-21        Sec. 609.515.  FIDUCIARY INSURANCE.  In the administration of
 208-22  a deferred compensation plan, the board of trustees may purchase
 208-23  liability insurance for the coverage of the trustees, employees,
 208-24  and agents of the board in the amounts that the board, in its sole
 208-25  discretion, considers reasonable and necessary.  (V.A.C.S. Art.
 208-26  6252-3g, Sec. 2.55.)
 208-27          CHAPTER 610.  CHILD CARE EXPENSE SALARY REDUCTIONS
  209-1                   SUBCHAPTER A.  GENERAL PROVISIONS
  209-2  Sec. 610.001.  DEFINITIONS
  209-3  Sec. 610.002.  ELIGIBLE EXPENSES
  209-4         (Sections 610.003 to 610.010 reserved for expansion)
  209-5                    SUBCHAPTER B.  STATE EMPLOYEES
  209-6  Sec. 610.011.  SALARY REDUCTION AGREEMENTS FOR STATE
  209-7                   EMPLOYEES
  209-8  Sec. 610.012.  STATE EMPLOYEES PAID THROUGH COMPTROLLER
  209-9  Sec. 610.013.  STATE EMPLOYEES NOT PAID THROUGH COMPTROLLER
 209-10  Sec. 610.014.  RULES
 209-11         (Sections 610.015 to 610.020 reserved for expansion)
 209-12                 SUBCHAPTER C.  OTHER PUBLIC EMPLOYEES
 209-13  Sec. 610.021.  SALARY REDUCTION AGREEMENTS FOR SCHOOL DISTRICT
 209-14                   EMPLOYEES
 209-15          CHAPTER 610.  CHILD CARE EXPENSE SALARY REDUCTIONS
 209-16                   SUBCHAPTER A.  GENERAL PROVISIONS
 209-17        Sec. 610.001.  DEFINITIONS.  In this chapter:
 209-18              (1)  "Program administrator" means:
 209-19                    (A)  for a state employee employed by The
 209-20  University of Texas System or The Texas A&M University System, the
 209-21  applicable system; or
 209-22                    (B)  for every other state employee, the
 209-23  Employees Retirement System of Texas.
 209-24              (2)  "School district" has the meaning assigned by
 209-25  Section 11.13, Tax Code.
 209-26              (3)  "School district employee" means a person who
 209-27  receives compensation for service performed, other than as an
  210-1  independent contractor, for a school district.
  210-2              (4)  "State agency" means:
  210-3                    (A)  a board, commission, department, office, or
  210-4  other agency that is in the executive branch of state government
  210-5  and that was created by the constitution or a statute of the state,
  210-6  including an institution of higher education as defined by Section
  210-7  61.003, Education Code;
  210-8                    (B)  the legislature or a legislative agency; or
  210-9                    (C)  the Supreme Court of Texas, the Texas Court
 210-10  of Criminal Appeals, a court of appeals, or a state judicial
 210-11  agency.
 210-12              (5)  "State employee" means:
 210-13                    (A)  a person who receives compensation for
 210-14  service performed, other than as an independent contractor, for a
 210-15  state agency; or
 210-16                    (B)  a district judge.  (V.A.C.S. Art. 6252-3d,
 210-17  Sec. 1.)
 210-18        Sec. 610.002.  ELIGIBLE EXPENSES.  Child care expenses are
 210-19  eligible for payment under a salary reduction agreement entered
 210-20  into under this chapter only if the expenses meet the requirements
 210-21  for exclusion from gross income as provided by Section 129 of the
 210-22  federal Internal Revenue Code of 1986 (26 U.S.C. Section 129).
 210-23  (V.A.C.S. Art. 6252-3d, Secs. 2(a) (part), 3 (part).)
 210-24         (Sections 610.003 to 610.010 reserved for expansion)
 210-25                    SUBCHAPTER B.  STATE EMPLOYEES
 210-26        Sec. 610.011.  SALARY REDUCTION AGREEMENTS FOR STATE
 210-27  EMPLOYEES.  (a)  The state may enter into an agreement with a state
  211-1  employee to reduce the employee's periodic compensation paid by the
  211-2  state by an amount to be paid for child care expenses.
  211-3        (b)  A state employee may request the salary reduction
  211-4  agreement by filing a written request for the reduction, on a form
  211-5  prescribed by the program administrator, with the payroll officer
  211-6  of the state agency with which the employee is employed.
  211-7        (c)  A state employee is entitled to select the recipient of
  211-8  payments under the salary reduction agreement.  (V.A.C.S. Art.
  211-9  6252-3d, Secs. 2(a) (part), (e).)
 211-10        Sec. 610.012.  STATE EMPLOYEES PAID THROUGH COMPTROLLER.
 211-11  (a)  The payroll officer of a state agency having employees who are
 211-12  paid by warrant issued by the comptroller shall send to the program
 211-13  administrator a copy of each request filed by an employee of the
 211-14  agency under Section 610.011.
 211-15        (b)  If the program administrator determines that an
 211-16  employee's request meets the applicable requirements for exclusion
 211-17  from gross income for federal tax purposes, the program
 211-18  administrator, on the state's behalf, shall enter into a salary
 211-19  reduction agreement with the requesting employee.
 211-20        (c)  The comptroller shall make payments in the amount by
 211-21  which an employee's compensation is reduced in the manner specified
 211-22  by the employee's salary reduction agreement.  (V.A.C.S. Art.
 211-23  6252-3d, Sec. 2(c).)
 211-24        Sec. 610.013.  STATE EMPLOYEES NOT PAID THROUGH COMPTROLLER.
 211-25  (a)  The payroll officer of a state agency having employees who are
 211-26  not paid by warrant issued by the comptroller may enter into a
 211-27  salary reduction agreement with a requesting employee of the
  212-1  agency.
  212-2        (b)  A payroll officer who enters into the salary reduction
  212-3  agreement shall make payments in the amount by which an employee's
  212-4  compensation is reduced in the manner specified by the agreement.
  212-5        (c)  A payroll officer's actions under this section are
  212-6  subject to applicable rules adopted by the program administrator
  212-7  under this subchapter.  (V.A.C.S. Art. 6252-3d, Sec. 2(d).)
  212-8        Sec. 610.014.  RULES.  The program administrator shall adopt
  212-9  rules for administering the program authorized by Section 610.011,
 212-10  including rules for determining eligibility for exclusion from
 212-11  gross income for federal tax purposes of amounts by which a state
 212-12  employee's salary may be reduced.  (V.A.C.S. Art. 6252-3d, Sec.
 212-13  2(b).)
 212-14         (Sections 610.015 to 610.020 reserved for expansion)
 212-15                 SUBCHAPTER C.  OTHER PUBLIC EMPLOYEES
 212-16        Sec. 610.021.  SALARY REDUCTION AGREEMENTS FOR SCHOOL
 212-17  DISTRICT EMPLOYEES.  (a)  The governing body of a school district
 212-18  may authorize a school district employee to enter into an agreement
 212-19  with the school district to reduce the periodic compensation paid
 212-20  the employee by the school district by an amount to be paid for
 212-21  child care expenses.
 212-22        (b)  The governing body of a school district may adopt rules
 212-23  for participating in and administering the program authorized by
 212-24  this section.  (V.A.C.S. Art. 6252-3d, Sec. 3 (part).)
 212-25         CHAPTER 611.  LODGING, MEAL, AND TRAVEL REIMBURSEMENT
 212-26  Sec. 611.001.  LODGING AND MEAL EXPENSES
 212-27  Sec. 611.002.  COMMON CARRIER FARES
  213-1         CHAPTER 611.  LODGING, MEAL, AND TRAVEL REIMBURSEMENT
  213-2        Sec. 611.001.  LODGING AND MEAL EXPENSES.  (a)  An officer or
  213-3  employee of the state or of a political subdivision, including any
  213-4  special-purpose district or authority, may be reimbursed with
  213-5  public funds for lodging or meal expenses only to the extent the
  213-6  expenses are reasonable and necessary under guidelines issued by
  213-7  the Texas Ethics Commission.
  213-8        (b)  This section does not apply if the expenses are
  213-9  restricted by other law.  (V.A.C.S. Art. 6823b, Sec. 1.)
 213-10        Sec. 611.002.  COMMON CARRIER FARES.  An officer or employee
 213-11  described by Section 611.001 may not be reimbursed for
 213-12  transportation expenses on a common carrier in an amount exceeding
 213-13  the lowest available fare.  (V.A.C.S. Art. 6823b, Sec. 2.)
 213-14                   CHAPTER 612.  LIABILITY INSURANCE
 213-15  Sec. 612.001.  MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
 213-16                   OFFICERS AND FIRE FIGHTERS
 213-17  Sec. 612.002.  LIABILITY INSURANCE FOR CERTAIN STATE
 213-18                   EMPLOYEES
 213-19  Sec. 612.003.  LIABILITY INSURANCE FOR CERTAIN STATE PROGRAMS
 213-20                   CHAPTER 612.  LIABILITY INSURANCE
 213-21        Sec. 612.001.  Motor Vehicle Liability Insurance for Peace
 213-22  Officers and Fire Fighters.  (a)  The state shall provide for
 213-23  insuring each peace officer and fire fighter in its employ against
 213-24  liability to third persons arising out of the operation,
 213-25  maintenance, or use of a motor vehicle owned or leased by the
 213-26  state.
 213-27        (b)  The liability coverage provided under this section must
  214-1  be in amounts not less than those required by the Texas Motor
  214-2  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
  214-3  Civil Statutes) to provide proof of financial responsibility.
  214-4        (c)  The state may elect to be self-insured or to reimburse
  214-5  the actual cost of an extended automobile liability insurance
  214-6  endorsement obtained by a peace officer or fire fighter on an
  214-7  individually owned automobile liability insurance policy.  The
  214-8  extended endorsement must:
  214-9              (1)  be in the amount required by Subsection (b); and
 214-10              (2)  extend the coverage to include the operation and
 214-11  use of vehicles by a peace officer or fire fighter in the scope of
 214-12  the officer's or fire fighter's employment.
 214-13        (d)  If the reimbursement method is used, the state may
 214-14  require a peace officer or fire fighter who operates and uses a
 214-15  motor vehicle to present proof that an extended coverage
 214-16  endorsement has been purchased and is in effect for the period of
 214-17  reimbursement.
 214-18        (e)  In this section, "motor vehicle" means any motor vehicle
 214-19  for which motor vehicle automobile insurance may be written under
 214-20  Subchapter A, Chapter 5, Insurance Code.  (V.A.C.S. Art. 999e.)
 214-21        Sec. 612.002.  LIABILITY INSURANCE FOR CERTAIN STATE
 214-22  EMPLOYEES.  (a)  A state agency that owns and operates a motor
 214-23  vehicle, an item of power equipment, an aircraft, or a motorboat or
 214-24  other watercraft of any type or size may insure its employees
 214-25  against liability arising out of the operation, maintenance, or use
 214-26  of the motor vehicle, item of power equipment, aircraft, or
 214-27  motorboat or other watercraft.
  215-1        (b)  A state agency that elects to provide insurance under
  215-2  this section shall purchase one or more policies from a liability
  215-3  insurance company authorized to transact business in this state.
  215-4  The liability insurance purchased under this section must be
  215-5  provided on policy forms approved by the State Board of Insurance
  215-6  as to form and by the attorney general as to liability coverage.
  215-7        (c)  An employee of a state agency that elects not to insure
  215-8  its employees against liability under Subsection (a) is entitled to
  215-9  reimbursement, in addition to any compensation provided in the
 215-10  General Appropriations Act, from maintenance funds of the agency,
 215-11  for any amount spent by the employee for liability insurance that
 215-12  is required by the agency.
 215-13        (d)  The comptroller shall provide forms for claims of
 215-14  employee reimbursement under Subsection (c).  The forms shall
 215-15  require a certification from the head of the state agency that:
 215-16              (1)  a regular part of the employee's duties is the
 215-17  operation of a state-owned motor vehicle, item of power equipment,
 215-18  aircraft, or motorboat or other watercraft; and
 215-19              (2)  the agency requires the employee to maintain
 215-20  liability insurance as a prerequisite to the operation of a
 215-21  state-owned motor vehicle, item of power equipment, aircraft, or
 215-22  motorboat or other watercraft.
 215-23        (e)  This section does not waive state immunity from
 215-24  liability for the torts of negligence of its employees.
 215-25        (f)  In this section:
 215-26              (1)  "Employee" includes an officer of a state agency.
 215-27              (2)  "State agency" means an agency, a department,
  216-1  board, commission, or other entity in the executive, legislative,
  216-2  or judicial branch of state government.  (V.A.C.S. Art. 6252-19a,
  216-3  Secs. 1 (part), 2-5; New.)
  216-4        Sec. 612.003.  LIABILITY INSURANCE FOR CERTAIN STATE
  216-5  PROGRAMS.  (a)  A state agency that receives federal grant funds
  216-6  for a foster grandparent program may spend those funds to insure
  216-7  the persons and property of the foster grandparents as required by
  216-8  the grant.
  216-9        (b)  A state agency that operates an integrated day-care
 216-10  program that serves children with mental illness or developmental
 216-11  disabilities or who participate in an early childhood intervention
 216-12  program, as well as other children, may purchase insurance to cover
 216-13  liability arising from the operation of the program.  (V.A.C.S.
 216-14  Art. 6252-19a, Sec. 1 (part).)
 216-15         CHAPTER 613.  REEMPLOYMENT FOLLOWING MILITARY SERVICE
 216-16                      SUBCHAPTER A.  REEMPLOYMENT
 216-17  Sec. 613.001.  DEFINITIONS
 216-18  Sec. 613.002.  REEMPLOYMENT TO SAME POSITION FOLLOWING
 216-19                   MILITARY SERVICE
 216-20  Sec. 613.003.  REEMPLOYMENT TO ANOTHER POSITION FOLLOWING
 216-21                   MILITARY SERVICE
 216-22  Sec. 613.004.  APPLICATION FOR REEMPLOYMENT
 216-23  Sec. 613.005.  DISCHARGE FOLLOWING REEMPLOYMENT
 216-24  Sec. 613.006.  ENTITLEMENT TO RETIREMENT OR OTHER BENEFITS
 216-25         (Sections 613.007 to 613.020 reserved for expansion)
 216-26                      SUBCHAPTER B.  ENFORCEMENT
 216-27  Sec. 613.021.  COMPLIANCE WITH LAW; HEARING
  217-1  Sec. 613.022.  DISTRICT ATTORNEY
  217-2  Sec. 613.023.  COURT COSTS AND FEES
  217-3         CHAPTER 613.  REEMPLOYMENT FOLLOWING MILITARY SERVICE
  217-4                      SUBCHAPTER A.  REEMPLOYMENT
  217-5        Sec. 613.001.  DEFINITIONS.  In this subchapter:
  217-6              (1)  "Local governmental entity" means a  county,
  217-7  municipality, or other political subdivision of this state.
  217-8              (2)  "Military service" means service as a member of:
  217-9                    (A)  the Armed Forces of the United States;
 217-10                    (B)  the Texas National Guard;
 217-11                    (C)  the Texas State Guard; or
 217-12                    (D)  a reserve component of the Armed Forces of
 217-13  the United States.
 217-14              (3)  "Public employee" means an employee of the state,
 217-15  a state institution, or a local governmental entity.  The term does
 217-16  not include a temporary employee, an elected official, or an
 217-17  individual serving under an appointment that requires confirmation
 217-18  by the senate.  (New.)
 217-19        Sec. 613.002.  REEMPLOYMENT TO SAME POSITION FOLLOWING
 217-20  MILITARY SERVICE.  (a)  A public employee who leaves a state
 217-21  position or a position with a  local governmental entity to enter
 217-22  active military service is entitled to be reemployed:
 217-23              (1)  by the state or the local governmental entity;
 217-24              (2)  in the same department, office, commission, or
 217-25  board of this state, a state institution, or local governmental
 217-26  entity in which the employee was employed at the time of the
 217-27  employee's induction or enlistment in, or order to, active military
  218-1  service; and
  218-2              (3)  in:
  218-3                    (A)  the same position held at the time of the
  218-4  induction, enlistment, or order; or
  218-5                    (B)  a position of similar seniority, status, and
  218-6  pay.
  218-7        (b)  To be entitled to reemployment under Subsection (a), the
  218-8  employee must be:
  218-9              (1)  discharged, separated, or released from active
 218-10  military service under honorable conditions not later than the
 218-11  fifth anniversary of the date of induction, enlistment, or call to
 218-12  active military service; and
 218-13              (2)  physically and mentally qualified to perform the
 218-14  duties of that position.  (V.A.C.S. Art. 6252-4a, Sec. 1.)
 218-15        Sec. 613.003.  REEMPLOYMENT TO ANOTHER POSITION FOLLOWING
 218-16  MILITARY SERVICE.  A public employee who cannot perform the duties
 218-17  of a position to which the employee is otherwise entitled under
 218-18  Section 613.002 because of a disability the employee sustained
 218-19  during military service is entitled to be reemployed in the
 218-20  department, office, commission, or board of the state, a state
 218-21  institution, or a local governmental entity in a position that the
 218-22  employee can perform and that has:
 218-23              (1)  like seniority, status, and pay as the former
 218-24  position; or
 218-25              (2)  the nearest possible seniority, status, and pay to
 218-26  the former position.  (V.A.C.S. Art. 6252-4a, Sec. 2.)
 218-27        Sec. 613.004.  APPLICATION FOR REEMPLOYMENT.  (a)  A veteran
  219-1  eligible for reemployment under this chapter must apply for
  219-2  reemployment not later than the 90th day after the date the veteran
  219-3  is discharged or released from active military service.
  219-4        (b)  An application for reemployment must:
  219-5              (1)  be made to the head of the department, office,
  219-6  commission, or board of this state, the state institution, or the
  219-7  local governmental entity that employed the veteran before the
  219-8  veteran entered military service;
  219-9              (2)  be in writing; and
 219-10              (3)  have attached to it evidence of the veteran's
 219-11  discharge, separation, or release from military service under
 219-12  honorable conditions.  (V.A.C.S. Art. 6252-4a, Sec. 4.)
 219-13        Sec. 613.005.  DISCHARGE FOLLOWING REEMPLOYMENT.  An
 219-14  individual reemployed under this chapter may not be discharged from
 219-15  the position without cause before the first anniversary of the date
 219-16  of reemployment.  (V.A.C.S. Art. 6252-4a, Sec. 3 (part).)
 219-17        Sec. 613.006.  ENTITLEMENT TO RETIREMENT OR OTHER BENEFITS.
 219-18  An individual reemployed under this chapter is considered to have
 219-19  been on furlough or leave of absence during the time the individual
 219-20  was in military service and may participate in retirement or other
 219-21  benefits to which a public employee is or may be entitled.
 219-22  (V.A.C.S. Art. 6252-4a, Sec. 3 (part).)
 219-23         (Sections 613.007 to 613.020 reserved for expansion)
 219-24                      SUBCHAPTER B.  ENFORCEMENT
 219-25        Sec. 613.021.  COMPLIANCE WITH LAW; HEARING.  (a)  If a
 219-26  public official fails to comply with a provision of Subchapter A, a
 219-27  district court in the district in which the individual is a public
  220-1  official may require the public official to comply with the
  220-2  provision on the filing of a motion, petition, or other appropriate
  220-3  pleading by an individual entitled to a benefit under the
  220-4  provision.
  220-5        (b)  The court shall order a speedy hearing and shall advance
  220-6  the hearing on the calendar.  (V.A.C.S. Art. 6252-4a, Sec. 5
  220-7  (part).)
  220-8        Sec. 613.022.  DISTRICT ATTORNEY.  On application to the
  220-9  district attorney of the appropriate district by an individual who
 220-10  the district attorney reasonably believes is entitled to the
 220-11  benefit of a provision of Subchapter A, the district attorney
 220-12  shall:
 220-13              (1)  appear and act as attorney for the individual in
 220-14  an amicable adjustment of the claim; or
 220-15              (2)  file or prosecute a motion, petition, or other
 220-16  appropriate pleading to specifically require compliance with the
 220-17  provision.  (V.A.C.S. Art. 6252-4a, Sec. 5 (part).)
 220-18        Sec. 613.023.  COURT COSTS AND FEES.  A person applying for
 220-19  benefits under Subchapter A may not be charged court costs or fees
 220-20  for a claim, motion, petition, or other pleading filed under
 220-21  Section 613.021.  (V.A.C.S. Art. 6252-4a, Sec. 5 (part).)
 220-22            CHAPTER 614.  PEACE OFFICERS AND FIRE FIGHTERS
 220-23  SUBCHAPTER A.  LEGISLATIVE LEAVE FOR PEACE OFFICER OR FIRE FIGHTER
 220-24  Sec. 614.001.  DEFINITIONS
 220-25  Sec. 614.002.  APPLICABILITY OF SUBCHAPTER
 220-26  Sec. 614.003.  ENTITLEMENT TO LEGISLATIVE LEAVE
 220-27  Sec. 614.004.  ELIGIBILITY FOR LEGISLATIVE LEAVE
  221-1  Sec. 614.005.  MONEY REQUIRED TO OFFSET COSTS OF LEGISLATIVE
  221-2                   LEAVE
  221-3  Sec. 614.006.  EMPLOYER TO GRANT LEGISLATIVE LEAVE;
  221-4                   EXCEPTIONS
  221-5  Sec. 614.007.  INSUFFICIENCY IN NUMBER OF EMPLOYEES; EXCHANGE OF
  221-6                   TIME BY OTHER EMPLOYEES
  221-7  Sec. 614.008.  LEGISLATIVE LEAVE NOT A BREAK IN SERVICE
  221-8  Sec. 614.009.  LEGISLATIVE LEAVE TO ATTEND SESSION OF
  221-9                   CONGRESS
 221-10  Sec. 614.010.  EMPLOYEES' ASSOCIATION MAY NOT REIMBURSE CERTAIN
 221-11                   COSTS
 221-12         (Sections 614.011 to 614.020 reserved for expansion)
 221-13      SUBCHAPTER B.  COMPLAINT AGAINST LAW ENFORCEMENT OFFICER OR
 221-14                             FIRE FIGHTER
 221-15  Sec. 614.021.  APPLICABILITY OF SUBCHAPTER
 221-16  Sec. 614.022.  COMPLAINT TO BE IN WRITING AND SIGNED BY
 221-17                   COMPLAINANT
 221-18  Sec. 614.023.  COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
 221-19                   EMPLOYEE
 221-20         (Sections 614.024 to 614.040 reserved for expansion)
 221-21    SUBCHAPTER C.  PROHIBITION AGAINST COLLECTING DEBT FOR ANOTHER
 221-22  Sec. 614.041.  COLLECTING DEBT FOR ANOTHER; OFFENSE
 221-23         (Sections 614.042 to 614.050 reserved for expansion)
 221-24     SUBCHAPTER D.  PURCHASE OF AGENCY-ISSUED FIREARM OF HONORABLY
 221-25                   RETIRED OR DECEASED PEACE OFFICER
 221-26  Sec. 614.051.  PURCHASE OF FIREARM BY HONORABLY RETIRED PEACE
 221-27                   OFFICER
  222-1  Sec. 614.052.  PURCHASE OF FIREARM BY SURVIVING SPOUSE, CHILD, OR
  222-2                   PARENT OF DECEASED PEACE OFFICER
  222-3  Sec. 614.053.  PURCHASE PRICE OF FIREARM
  222-4  Sec. 614.054.  WHEN FIREARM MAY BE PURCHASED FROM STATE AGENCY;
  222-5                   DELAY OF SALE BY AGENCY
  222-6            CHAPTER 614.  PEACE OFFICERS AND FIRE FIGHTERS
  222-7  SUBCHAPTER A.  LEGISLATIVE LEAVE FOR PEACE OFFICER OR FIRE FIGHTER
  222-8        Sec. 614.001.  DEFINITIONS.  In this subchapter:
  222-9              (1)  "Employer" means the governmental entity that
 222-10  employs or appoints a peace officer or fire fighter or that the
 222-11  peace officer or fire fighter is elected to serve.
 222-12              (2)  "Fire fighter" means a member of a fire department
 222-13  who performs a function listed in Section 143.003(4), Local
 222-14  Government Code, without regard to whether the individual is
 222-15  subject to a civil service system or program.
 222-16              (3)  "Peace officer" means an individual elected,
 222-17  appointed, or employed to serve as a peace officer for a
 222-18  governmental entity under Article 2.12, Code of Criminal Procedure,
 222-19  or other law.  (V.A.C.S. Art. 6252-4c, Sec. 2.)
 222-20        Sec. 614.002.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 222-21  applies only to a peace officer or fire fighter employed by:
 222-22              (1)  the state;
 222-23              (2)  a municipality with a population of 200,000 or
 222-24  more; or
 222-25              (3)  a county with a population of 500,000 or more.
 222-26  (V.A.C.S. Art. 6252-4c, Sec. 1.)
 222-27        Sec. 614.003.  ENTITLEMENT TO LEGISLATIVE LEAVE.  A peace
  223-1  officer or fire fighter is entitled as provided by this subchapter
  223-2  to legislative leave to serve in, appear before, or petition a
  223-3  governmental body during a regular or special session of the body.
  223-4  (V.A.C.S. Art. 6252-4c, Sec. 3(a).)
  223-5        Sec. 614.004.  ELIGIBILITY FOR LEGISLATIVE LEAVE.  (a)  To be
  223-6  eligible for legislative leave, a peace officer or fire fighter
  223-7  must submit a written application to the individual's employer on
  223-8  or before the 30th day before the date the individual intends to
  223-9  begin the legislative leave.
 223-10        (b)  The application must state the length of the requested
 223-11  leave and that the peace officer or fire fighter is willing to
 223-12  reimburse the employer for any wages, pension, or other costs the
 223-13  employer will incur as a result of the leave.
 223-14        (c)  The length of requested leave may not exceed the length
 223-15  of the session.  (V.A.C.S. Art. 6252-4c, Sec. 3(b).)
 223-16        Sec. 614.005.  MONEY REQUIRED TO OFFSET COSTS OF LEGISLATIVE
 223-17  LEAVE.  (a)  An employer may require reimbursement of all costs
 223-18  associated with legislative leave under this subchapter.
 223-19        (b)  Within 30 days after the date an employer receives an
 223-20  application, the employer shall notify the peace officer or fire
 223-21  fighter in writing of the actual amount of money required to offset
 223-22  the costs the employer will incur.
 223-23        (c)  An employer may require a peace officer or fire fighter
 223-24  to post the money before granting the leave.
 223-25        (d)  A peace officer or fire fighter shall give to the
 223-26  employer a sworn statement identifying the source of the money
 223-27  posted.  (V.A.C.S. Art. 6252-4c, Secs. 3(c), (f) (part).)
  224-1        Sec. 614.006.  EMPLOYER TO GRANT LEGISLATIVE LEAVE;
  224-2  EXCEPTIONS.  An employer shall grant legislative leave to a peace
  224-3  officer or fire fighter who submits an application as prescribed by
  224-4  this subchapter and who complies with any requirement relating to
  224-5  payment of costs:
  224-6              (1)  except in an emergency; or
  224-7              (2)  unless granting the leave will result in having an
  224-8  insufficient number of employees to carry out the normal functions
  224-9  of the employer.  (V.A.C.S. Art. 6252-4c, Sec. 3(d).)
 224-10        Sec. 614.007.  INSUFFICIENCY IN NUMBER OF EMPLOYEES; EXCHANGE
 224-11  OF TIME BY OTHER EMPLOYEES.  (a)  If an employer determines that
 224-12  granting a legislative leave will result in having an insufficient
 224-13  number of employees to carry out the normal functions of the
 224-14  employer, another peace officer or fire fighter of equal rank may
 224-15  volunteer to exchange time of work with the applicant if overtime
 224-16  does not result.
 224-17        (b)  The employer shall allow a volunteer under Subsection
 224-18  (a) to work for the applicant and shall grant the legislative
 224-19  leave, if overtime will not result and if the volunteer work will
 224-20  result in having a sufficient number of employees.  (V.A.C.S. Art.
 224-21  6252-4c, Sec. 3(e).)
 224-22        Sec. 614.008.  LEGISLATIVE LEAVE NOT A BREAK IN SERVICE.
 224-23  Legislative leave under this subchapter is not a break in service
 224-24  for any purpose and is treated as any other paid leave, except as
 224-25  provided by Section 614.005.  (V.A.C.S. Art. 6252-4c, Sec. 3(f).)
 224-26        Sec. 614.009.  LEGISLATIVE LEAVE TO ATTEND SESSION OF
 224-27  CONGRESS.  Legislative leave granted under this subchapter to a
  225-1  peace officer or fire fighter to attend a session of the Congress
  225-2  of the United States shall be granted for not longer than 30
  225-3  percent of the applicant's total annual working days during each
  225-4  year in which leave is requested.  (V.A.C.S. Art. 6252-4c, Sec.
  225-5  3(g).)
  225-6        Sec. 614.010.  EMPLOYEES' ASSOCIATION MAY NOT REIMBURSE
  225-7  CERTAIN COSTS.  A peace officers' or fire fighters' association may
  225-8  not reimburse a member of the legislature or an employer of a peace
  225-9  officer or fire fighter who serves as a member of the legislature
 225-10  for wages, pension contributions, or other costs incurred as a
 225-11  result of legislative leave taken under this subchapter.  (V.A.C.S.
 225-12  Art. 6252-4c, Sec. 3(h).)
 225-13         (Sections 614.011 to 614.020 reserved for expansion)
 225-14       SUBCHAPTER B.  COMPLAINT AGAINST LAW ENFORCEMENT OFFICER
 225-15                            OR FIRE FIGHTER
 225-16        Sec. 614.021.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 225-17  applies only to a complaint against:
 225-18              (1)  a law enforcement officer of the State of Texas,
 225-19  including an officer of the Department of Public Safety or of the
 225-20  Texas Alcoholic Beverage Commission;
 225-21              (2)  a fire fighter who is not covered by a civil
 225-22  service statute; or
 225-23              (3)  a police officer who is not covered by a civil
 225-24  service statute.  (V.A.C.S. Art. 6252-20 (part).)
 225-25        Sec. 614.022.  COMPLAINT TO BE IN WRITING AND SIGNED BY
 225-26  COMPLAINANT.  To be considered by the head of a state agency or by
 225-27  the head of a fire or police department, the complaint must be:
  226-1              (1)  in writing; and
  226-2              (2)  signed by the person making the complaint.
  226-3  (V.A.C.S. Art. 6252-20 (part).)
  226-4        Sec. 614.023.  COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
  226-5  EMPLOYEE.  (a)  A copy of a signed complaint against a law
  226-6  enforcement officer, fire fighter, or police officer shall be given
  226-7  to the officer or employee within a reasonable time after the
  226-8  complaint is filed.
  226-9        (b)  Disciplinary action may not be taken against the officer
 226-10  or employee unless a copy of the signed complaint is given to the
 226-11  officer or employee.  (V.A.C.S. Art. 6252-20 (part).)
 226-12         (Sections 614.024 to 614.040 reserved for expansion)
 226-13          SUBCHAPTER C.  PROHIBITION AGAINST COLLECTING DEBT
 226-14                              FOR ANOTHER
 226-15        Sec. 614.041.  COLLECTING DEBT FOR ANOTHER; OFFENSE.  (a)  A
 226-16  peace officer commits an offense if the officer:
 226-17              (1)  accepts for collection or undertakes the
 226-18  collection of a claim for debt for another, unless the officer acts
 226-19  under a law that prescribes the duties of the officer; or
 226-20              (2)  accepts compensation not prescribed by law for
 226-21  accepting for collection or undertaking the collection of a claim
 226-22  for debt for another.
 226-23        (b)  An offense under Subsection (a) is a misdemeanor
 226-24  punishable by a fine of not less than $200 or more than $500.
 226-25        (c)  In addition to the fine, the peace officer may be
 226-26  removed from office.  (V.A.C.S. Art. 6252-24 (part).)
 226-27         (Sections 614.042 to 614.050 reserved for expansion)
  227-1     SUBCHAPTER D.  PURCHASE OF AGENCY-ISSUED FIREARM OF HONORABLY
  227-2                   RETIRED OR DECEASED PEACE OFFICER
  227-3        Sec. 614.051.  PURCHASE OF FIREARM BY HONORABLY RETIRED PEACE
  227-4  OFFICER.  (a)  An individual may purchase a firearm from a state
  227-5  agency if:
  227-6              (1)  the individual was a peace officer commissioned by
  227-7  the agency;
  227-8              (2)  the individual was honorably retired from the
  227-9  individual's commission by the state;
 227-10              (3)  the firearm had been previously issued to the
 227-11  individual by the agency; and
 227-12              (4)  the firearm is not a prohibited weapon under
 227-13  Section 46.06, Penal Code.
 227-14        (b)  An individual may purchase only one firearm from a state
 227-15  agency under this section.  (V.A.C.S. Art. 4413(29aa-3), Sec. 1(a)
 227-16  (part).)
 227-17        Sec. 614.052.  PURCHASE OF FIREARM BY SURVIVING SPOUSE,
 227-18  CHILD, OR PARENT OF DECEASED PEACE OFFICER.  (a)  An individual
 227-19  listed under Subsection (b) may purchase a firearm from a state
 227-20  agency if:
 227-21              (1)  the firearm had been previously issued by the
 227-22  agency to a peace officer commissioned by the agency who died while
 227-23  commissioned, without regard to whether the officer died while
 227-24  discharging the officer's official duties; and
 227-25              (2)  the firearm is not a prohibited weapon under
 227-26  Section 46.06, Penal Code.
 227-27        (b)  Individuals who may purchase the firearm under
  228-1  Subsection (a) are, in order of precedence:
  228-2              (1)  the surviving spouse of the deceased peace
  228-3  officer;
  228-4              (2)  a child of the deceased peace officer; and
  228-5              (3)  a parent of the deceased peace officer.  (V.A.C.S.
  228-6  Art. 4413(29aa-3), Sec. 2.)
  228-7        Sec. 614.053.  PURCHASE PRICE OF FIREARM.  A state agency
  228-8  shall establish the amount, which may not exceed fair market value,
  228-9  for which a firearm may be purchased under this subchapter.
 228-10  (V.A.C.S. Art. 4413(29aa-3), Secs. 1(a) (part), 2 (part).)
 228-11        Sec. 614.054.  WHEN FIREARM MAY BE PURCHASED FROM STATE
 228-12  AGENCY; DELAY OF SALE BY AGENCY.  (a)  Except as provided by
 228-13  Subsection (b), an individual must purchase a firearm under Section
 228-14  614.051 before the second anniversary of the date of the person's
 228-15  retirement or under Section 614.052 before the second anniversary
 228-16  of the date of the officer's death.
 228-17        (b)  A state agency that cannot immediately replace the
 228-18  firearm may delay the sale of the firearm until the agency can
 228-19  replace the firearm.  (V.A.C.S. Art. 4413(29aa-3), Secs. 1(a)
 228-20  (part), (b), 2 (part).)
 228-21      CHAPTER 615.  FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN
 228-22          LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS
 228-23                   SUBCHAPTER A.  GENERAL PROVISIONS
 228-24  Sec. 615.001.  DEFINITION
 228-25  Sec. 615.002.  ADMINISTRATION OF CHAPTER
 228-26  Sec. 615.003.  APPLICABILITY
 228-27  Sec. 615.004.  EFFECT OF AWARD
  229-1  Sec. 615.005.  ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT
  229-2  Sec. 615.006.  DESIGNATION OF CUSTODIAL PERSONNEL
  229-3  Sec. 615.007.  CERTAIN VOLUNTEER FIRE-FIGHTING UNITS CONSIDERED
  229-4                   AGENTS OF POLITICAL SUBDIVISION
  229-5  Sec. 615.008.  CERTAIN POLICE RESERVE OR AUXILIARY UNITS
  229-6                   CONSIDERED AGENTS OF POLITICAL SUBDIVISION
  229-7         (Sections 615.009 to 615.020 reserved for expansion)
  229-8             SUBCHAPTER B.  PAYMENTS TO ELIGIBLE SURVIVORS
  229-9  Sec. 615.021.  ELIGIBLE SURVIVORS
 229-10  Sec. 615.022.  PAYMENT TO SURVIVING SPOUSE
 229-11  Sec. 615.023.  PAYMENT TO SURVIVING MINOR CHILD
 229-12  Sec. 615.024.  PAYMENT TO SURVIVING DEPENDENT PARENT
 229-13  Sec. 615.025.  PAYMENT TO SURVIVING DEPENDENT SIBLING
 229-14         (Sections 615.026 to 615.040 reserved for expansion)
 229-15              SUBCHAPTER C.  ADMINISTRATION AND PROCEDURE
 229-16  Sec. 615.041.  PROOF OF CLAIM
 229-17  Sec. 615.042.  AWARD AND PAYMENT OF ASSISTANCE
 229-18  Sec. 615.043.  DENIAL OF CLAIM
 229-19  Sec. 615.044.  APPEALS
 229-20      CHAPTER 615.  FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN
 229-21          LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS
 229-22                   SUBCHAPTER A.  GENERAL PROVISIONS
 229-23        Sec. 615.001.  DEFINITION.  In this chapter, "minor child"
 229-24  means a child who, on the date of the death of an individual listed
 229-25  under Section 615.003, is younger than 21 years of age.  (V.A.C.S.
 229-26  Art. 6228f, Sec. 2(a) (part).)
 229-27        Sec. 615.002.  ADMINISTRATION OF CHAPTER.  The board of
  230-1  trustees of the Employees Retirement System of Texas shall
  230-2  administer this chapter under rules adopted by the board.
  230-3  (V.A.C.S. Art. 6228f, Sec. 4 (part).)
  230-4        Sec. 615.003.  APPLICABILITY.  This chapter applies only to
  230-5  eligible survivors of the following individuals:
  230-6              (1)  a peace officer as defined by Article 2.12, Code
  230-7  of Criminal Procedure;
  230-8              (2)  a paid probation officer appointed by the director
  230-9  of a community supervision and corrections department who has the
 230-10  duties set out in Section 2 and the qualifications set out in
 230-11  Section 5, Article 42.131, Code of Criminal Procedure, or who was
 230-12  appointed in accordance with prior law;
 230-13              (3)  a parole officer employed by the pardons and
 230-14  paroles division of the Texas Department of Criminal Justice who
 230-15  has the duties set out in Section 2 and the qualifications set out
 230-16  in Section 19, Article 42.18, Code of Criminal Procedure;
 230-17              (4)  a paid jailer;
 230-18              (5)  a member of an organized police reserve or
 230-19  auxiliary unit who regularly assists peace officers in enforcing
 230-20  criminal laws;
 230-21              (6)  a member of the class of employees of the
 230-22  institutional division of the Texas Department of Criminal Justice
 230-23  formally designated as custodial personnel under Section 615.006 by
 230-24  the Texas Board of Criminal Justice or its predecessor in function;
 230-25              (7)  a jailer or guard of a county jail who is
 230-26  appointed by the sheriff and who:
 230-27                    (A)  performs a security, custodial, or
  231-1  supervisory function over the admittance, confinement, or discharge
  231-2  of prisoners; and
  231-3                    (B)  is certified by the Texas Commission on Law
  231-4  Enforcement Officer Standards and Education;
  231-5              (8)  a juvenile correctional employee of the Texas
  231-6  Youth Commission;
  231-7              (9)  an employee of the maximum security unit of the
  231-8  Texas Department of Mental Health and Mental Retardation;
  231-9              (10)  an individual who is employed by the state or a
 231-10  political or legal subdivision and is subject to certification by
 231-11  the Texas Commission on Fire Protection;
 231-12              (11)  an individual employed by the state or a
 231-13  political or legal subdivision whose principal duties are aircraft
 231-14  crash and rescue fire fighting;
 231-15              (12)  a member of an organized volunteer fire-fighting
 231-16  unit that:
 231-17                    (A)  renders fire-fighting services without
 231-18  remuneration;
 231-19                    (B)  consists of not fewer than 20 active
 231-20  members, a majority of which are present at each meeting; and
 231-21                    (C)  conducts a minimum of two drills each month,
 231-22  each two hours long; or
 231-23              (13)  a game warden who is an employee of the state and
 231-24  who receives full-time pay for the enforcement of game laws and
 231-25  rules.  (V.A.C.S. Art. 6228f, Secs. 2(a) (part); 3(a) (part), (b)
 231-26  (part).)
 231-27        Sec. 615.004.  EFFECT OF AWARD.  (a)  A finding that
  232-1  assistance is payable to an eligible survivor of an individual
  232-2  listed under Section 615.003 is not a declaration of the cause,
  232-3  nature, or effect of a death for any other purpose.
  232-4        (b)  A finding that a death is within the provisions of this
  232-5  chapter does not affect another claim or cause of action arising
  232-6  from or connected to the death.  (V.A.C.S. Art. 6228f, Sec. 7.)
  232-7        Sec. 615.005.  ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT.
  232-8  (a)  Assistance payable under this chapter is not transferable or
  232-9  assignable at law or in equity.
 232-10        (b)  Money paid or payable under this chapter is not subject
 232-11  to execution, levy, attachment, garnishment, or other legal process
 232-12  or to the operation of any insolvency law.  (V.A.C.S. Art. 6228f,
 232-13  Sec. 8.)
 232-14        Sec. 615.006.  DESIGNATION OF CUSTODIAL PERSONNEL.  The Texas
 232-15  Board of Criminal Justice shall adopt and include in its minutes a
 232-16  formal designation identifying the classes of persons who are
 232-17  custodial personnel of the agency  so that there is no uncertainty
 232-18  about which persons are custodial personnel.  (V.A.C.S. Art. 6228f,
 232-19  Sec. 9.)
 232-20        Sec.  615.007.  CERTAIN VOLUNTEER FIRE-FIGHTING UNITS
 232-21  CONSIDERED AGENTS OF POLITICAL SUBDIVISION.  For the purposes of
 232-22  this chapter, an organized volunteer fire-fighting unit described
 232-23  by Section 615.003(12) is considered an agent of a political
 232-24  subdivision, including a municipality, county, or district, that
 232-25  the unit serves if:
 232-26              (1)  the unit receives any financial aid from the
 232-27  political subdivision for the maintenance, upkeep, or storage of
  233-1  equipment; or
  233-2              (2)  the governing body of the political subdivision
  233-3  designates the unit as an agent of the political subdivision.
  233-4  (V.A.C.S. Art. 6228f, Sec. 2(b) (part).)
  233-5        Sec. 615.008.  CERTAIN POLICE RESERVE OR AUXILIARY UNITS
  233-6  CONSIDERED AGENTS OF POLITICAL SUBDIVISION.  For the purposes of
  233-7  this chapter, an organized police reserve or auxiliary unit is
  233-8  considered an agent of a political subdivision, including a
  233-9  municipality, county, or district, that the unit serves if the
 233-10  governing body of the political subdivision designates the unit as
 233-11  an agent of the political subdivision.  (V.A.C.S. Art. 6228f, Sec.
 233-12  2(b) (part).)
 233-13         (Sections 615.009 to 615.020 reserved for expansion)
 233-14             SUBCHAPTER B.  PAYMENTS TO ELIGIBLE SURVIVORS
 233-15        Sec. 615.021.  ELIGIBLE SURVIVORS.  A survivor of an
 233-16  individual listed under Section 615.003 is eligible for the payment
 233-17  of assistance under this chapter if:
 233-18              (1)  the listed individual died in the course of the
 233-19  individual's duty  performed in the individual's position as
 233-20  described by Section 615.003 as a result of exposure to a risk:
 233-21                    (A)  that is inherent in the duty; and
 233-22                    (B)  to which the general public is not
 233-23  customarily exposed; and
 233-24              (2)  the survivor is:
 233-25                    (A)  the surviving spouse of the listed
 233-26  individual;
 233-27                    (B)  a minor child of the listed individual;
  234-1                    (C)  a surviving parent of the listed individual,
  234-2  if:
  234-3                          (i)  there is no surviving spouse or minor
  234-4  child; and
  234-5                          (ii)  the parent was claimed as a dependent
  234-6  on the income tax return filed with the Internal Revenue Service by
  234-7  the listed individual in the year preceding the year in which the
  234-8  listed individual died; or
  234-9                    (D)  a surviving sibling of the listed individual
 234-10  and is younger than 18 years of age, if:
 234-11                          (i)  there is no surviving spouse or minor
 234-12  child; and
 234-13                          (ii)  the sibling was claimed as a
 234-14  dependent on the income tax return filed with the Internal Revenue
 234-15  Service by the listed individual in the year preceding the year in
 234-16  which the listed individual died.  (V.A.C.S. Art. 6228f, Secs. 2(a)
 234-17  (part); 3(a) (part), (b) (part).)
 234-18        Sec. 615.022.  PAYMENT TO SURVIVING SPOUSE.  The state shall
 234-19  pay $20,000 to an eligible surviving spouse.  (V.A.C.S. Art. 6228f,
 234-20  Sec. 3(a) (part).)
 234-21        Sec. 615.023.  PAYMENT TO SURVIVING MINOR CHILD.  (a)  The
 234-22  state shall pay to the duly appointed or qualified guardian or
 234-23  other legal representative of an eligible surviving minor child:
 234-24              (1)  $200 each month, if there is one surviving minor
 234-25  child;
 234-26              (2)  $300 each month, if there are two surviving minor
 234-27  children; or
  235-1              (3)  $400 each month, if there are three or more
  235-2  surviving minor children.
  235-3        (b)  A child's entitlement to assistance payable under this
  235-4  section ends on the child's 21st birthday.  At that time, payments
  235-5  to any other surviving minor children shall be adjusted, as
  235-6  necessary, to conform to the amounts payable under Subsection (a).
  235-7        (c)  A payment under this section is in addition to any
  235-8  payment made under Section 615.022.  (V.A.C.S. Art. 6228f, Sec.
  235-9  3(a) (part).)
 235-10        Sec. 615.024.  PAYMENT TO SURVIVING DEPENDENT PARENT.  The
 235-11  state shall pay an eligible surviving dependent parent:
 235-12              (1)  $20,000, if there is only one eligible surviving
 235-13  dependent parent; or
 235-14              (2)  $10,000 each, if there are two eligible surviving
 235-15  dependent parents.  (V.A.C.S. Art. 6228f, Sec. 3(b) (part).)
 235-16        Sec. 615.025.  PAYMENT TO SURVIVING DEPENDENT SIBLING.
 235-17  (a)  The state shall pay to an eligible surviving dependent sibling
 235-18  or to the sibling's duly appointed or qualified guardian or other
 235-19  legal representative:
 235-20              (1)  $200 each month, if there is one eligible
 235-21  surviving dependent sibling;
 235-22              (2)  $300 each month, if there are two eligible
 235-23  surviving dependent siblings; or
 235-24              (3)  $400 each month, if there are three or more
 235-25  eligible surviving dependent siblings.
 235-26        (b)  A sibling's entitlement to assistance payable under this
 235-27  section ends on the sibling's 18th birthday.  At that time,
  236-1  payments to any other eligible surviving dependent siblings shall
  236-2  be adjusted, if necessary, to conform with the amounts specified by
  236-3  Subsection (a).
  236-4        (c)  A payment under this section is in addition to any
  236-5  payment made under Section 615.024.  (V.A.C.S. Art. 6228f, Sec.
  236-6  3(b) (part).)
  236-7         (Sections 615.026 to 615.040 reserved for expansion)
  236-8              SUBCHAPTER C.  ADMINISTRATION AND PROCEDURE
  236-9        Sec. 615.041.  PROOF OF CLAIM.  Proof of the death of an
 236-10  individual listed under Section 615.003 that is claimed to meet the
 236-11  requirements of Section 615.021(1) shall be furnished to the board
 236-12  of trustees of the Employees Retirement System of Texas in the form
 236-13  and with additional evidence and information required by the board.
 236-14  (V.A.C.S. Art. 6228f, Sec. 4 (part).)
 236-15        Sec. 615.042.  AWARD AND PAYMENT OF ASSISTANCE.  (a)  The
 236-16  board of trustees of the Employees Retirement System of Texas shall
 236-17  notify the comptroller of the board's determination that a claim
 236-18  under this chapter is valid and justifies payment.
 236-19        (b)  On receipt of the notice, the comptroller shall issue a
 236-20  warrant to each claimant in the proper amount from the fund
 236-21  appropriated for that purpose.
 236-22        (c)  Payments under this chapter on behalf of a surviving
 236-23  child or dependent sibling are payable beginning on the first day
 236-24  of the first month after the death of the individual listed in
 236-25  Section 615.003.  (V.A.C.S. Art. 6228f, Sec. 5 (part).)
 236-26        Sec. 615.043.  DENIAL OF CLAIM.  If the board of trustees of
 236-27  the Employees Retirement System of Texas denies a claim, the board
  237-1  shall send a notice of the denial to:
  237-2              (1)  the person making the claim; or
  237-3              (2)  the duly qualified guardian or legal
  237-4  representative of a surviving minor child or dependent sibling, if
  237-5  a claim is being made on behalf of the child or sibling.  (V.A.C.S.
  237-6  Art. 6228f, Sec. 5 (part).)
  237-7        Sec. 615.044.  APPEALS.  (a)  A person whose claim for
  237-8  payment to a surviving spouse, minor child, or dependent parent or
  237-9  sibling is denied or the person's legal representative may appeal
 237-10  the denial to a district court of the residence of the surviving
 237-11  spouse, minor child, or dependent parent or sibling or to a
 237-12  district court in Travis County.
 237-13        (b)  An appeal under this section must be made not later than
 237-14  the 20th day after the date the claimant or legal representative
 237-15  receives notice of the denial.
 237-16        (c)  Proceedings on the appeal are by trial de novo, as that
 237-17  term is used in an appeal from a justice court to the county court.
 237-18  (V.A.C.S. Art. 6228f, Sec. 6.)
 237-19       CHAPTER 616.  EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION
 237-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 237-21  Sec. 616.001.  SHORT TITLE
 237-22  Sec. 616.002.  DEFINITIONS
 237-23  Sec. 616.003.  DISPUTES
 237-24         (Sections 616.004 to 616.020 reserved for expansion)
 237-25              SUBCHAPTER B.  EMERGENCY INTERIM SUCCESSORS
 237-26  Sec. 616.021.  POWERS AND DUTIES OF EMERGENCY INTERIM
 237-27                   SUCCESSOR
  238-1  Sec. 616.022.  DESIGNATION OF EMERGENCY INTERIM SUCCESSOR
  238-2                   TO STATE OR POLITICAL SUBDIVISION
  238-3                   OFFICER
  238-4  Sec. 616.023.  DESIGNATION OF EMERGENCY INTERIM
  238-5                   SUCCESSOR TO LOCAL OFFICER
  238-6  Sec. 616.024.  TERM OF DESIGNATION
  238-7  Sec. 616.025.  OATH; BOND
  238-8  Sec. 616.026.  TERMINATION OF POWERS AND DUTIES BY
  238-9                   LEGISLATURE
 238-10       CHAPTER 616.  EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION
 238-11                   SUBCHAPTER A.  GENERAL PROVISIONS
 238-12        Sec. 616.001.  SHORT TITLE.  This chapter may be cited as the
 238-13  Emergency Interim Public Office Succession Act.  (V.A.C.S.
 238-14  Art. 6252-10a, Sec. 1.)
 238-15        Sec. 616.002.  DEFINITIONS.  In this chapter:
 238-16              (1)  "Emergency interim successor" means an individual
 238-17  designated under this chapter to exercise the powers and perform
 238-18  the duties of an office.
 238-19              (2)  "Office" includes:
 238-20                    (A)  a state office, the powers and duties of
 238-21  which are defined by the constitution or laws of this state, except
 238-22  the governor, a member of the judiciary, and a member of the
 238-23  legislature; and
 238-24                    (B)  a local office, the powers and duties of
 238-25  which are defined by the constitution or laws of this state or by a
 238-26  charter or an ordinance.
 238-27              (3)  "Political subdivision" includes a municipality, a
  239-1  county, and a fire, power, or drainage district that is not
  239-2  included under Section 616.023.  (V.A.C.S. Art. 6252-10a, Secs. 2
  239-3  (part), 5 (part).)
  239-4        Sec. 616.003.  DISPUTES.  (a)  A dispute of fact under this
  239-5  chapter that relates to an office in the executive branch of state
  239-6  government, except a dispute of fact relating to the governor,
  239-7  shall be resolved by the governor or other official authorized to
  239-8  exercise the powers and perform the duties of the governor.
  239-9        (b)  A decision made by the governor or the official under
 239-10  this section is final.  (V.A.C.S. Art. 6252-10a, Sec. 9.)
 239-11         (Sections 616.004 to 616.020 reserved for expansion)
 239-12              SUBCHAPTER B.  EMERGENCY INTERIM SUCCESSORS
 239-13        Sec. 616.021.  POWERS AND DUTIES OF EMERGENCY INTERIM
 239-14  SUCCESSOR.  (a)  The powers and duties of an office of the state or
 239-15  of a political subdivision may be exercised by an emergency interim
 239-16  successor under this chapter only if there has been an attack or
 239-17  series of attacks on the United States by an enemy of the United
 239-18  States that causes or may cause substantial damage or injury to
 239-19  civilian property or individuals in the United States by:
 239-20              (1)  sabotage;
 239-21              (2)  the use of bombs, missiles, shell fire, or atomic,
 239-22  radiological, chemical, bacteriological, or biological means; or
 239-23              (3)  the use of other weapons or processes.
 239-24        (b)  The designated emergency interim successor to an officer
 239-25  of the state or of a political subdivision, in the order specified,
 239-26  shall exercise the powers and perform the duties of the office if:
 239-27              (1)  the officer and the officer's deputy are absent or
  240-1  unable to exercise the powers and perform the duties of the office;
  240-2  or
  240-3              (2)  the office is vacant and a deputy is not
  240-4  authorized to perform the duties of the office.
  240-5        (c)  The emergency interim successor to a state officer shall
  240-6  exercise the powers and perform the duties of the office until:
  240-7              (1)  the governor or other official authorized to
  240-8  exercise the powers and perform the duties of the governor appoints
  240-9  a successor to fill the vacancy;
 240-10              (2)  a successor is otherwise appointed or elected and
 240-11  qualifies; or
 240-12              (3)  the officer, the officer's deputy, or a preceding
 240-13  named emergency interim successor is available to exercise the
 240-14  powers and perform the duties of the office.
 240-15        (d)  The emergency interim successor to an officer of a
 240-16  political subdivision shall exercise the powers and perform the
 240-17  duties of the office until:
 240-18              (1)  the vacancy is filled; or
 240-19              (2)  the officer, the officer's deputy, or a preceding
 240-20  emergency interim successor is available to exercise the powers and
 240-21  perform the duties of the office.  (V.A.C.S. Art. 6252-10a, Secs. 2
 240-22  (part), 3 (part), 5 (part), 7 (part).)
 240-23        Sec. 616.022.  DESIGNATION OF EMERGENCY INTERIM SUCCESSOR TO
 240-24  STATE OR POLITICAL SUBDIVISION OFFICER.  (a)  An officer of the
 240-25  state or of a political subdivision shall:
 240-26              (1)  designate by title emergency interim successors,
 240-27  if the officer is a state officer;
  241-1              (2)  designate by title or, if designation by title is
  241-2  not feasible, by name emergency interim successors, if the officer
  241-3  is an officer of a political subdivision;
  241-4              (3)  specify the order of succession; and
  241-5              (4)  review and revise, as necessary, the designations
  241-6  to ensure their current status.
  241-7        (b)  The officer shall designate a sufficient number of
  241-8  emergency interim successors, in addition to deputies authorized by
  241-9  law to exercise the powers and perform the duties of the office, so
 241-10  that there is a total of at least three and not more than seven
 241-11  emergency interim successors and deputies.
 241-12        (c)  The governor or an official authorized to exercise the
 241-13  powers and perform the duties of governor may adopt regulations
 241-14  governing designations made by state officers under this section.
 241-15        (d)  The chief executive of a political subdivision may adopt
 241-16  regulations governing designations made by officers of the
 241-17  subdivision under this section.   (V.A.C.S. Art. 6252-10a, Secs. 3
 241-18  (part), 5 (part).)
 241-19        Sec. 616.023.  DESIGNATION OF EMERGENCY INTERIM SUCCESSOR TO
 241-20  LOCAL OFFICER.  (a)  This section applies only to a local office
 241-21  for which the governing body of the local governmental entity may
 241-22  determine by ordinance or resolution the manner in which a vacancy
 241-23  is filled or temporary appointment is made.
 241-24        (b)  The governing body of the local governmental entity may
 241-25  enact a resolution or an ordinance providing for the designation
 241-26  under this chapter of emergency interim successors to local
 241-27  officers.
  242-1        (c)  In this section, "local governmental entity" includes a
  242-2  municipality or county.  (V.A.C.S. Art.  6252-10a, Sec. 4.)
  242-3        Sec. 616.024.  TERM OF DESIGNATION.  The designation of an
  242-4  individual as an emergency interim successor continues at the
  242-5  pleasure of the designating authority and may be terminated with or
  242-6  without cause until the individual is authorized to exercise the
  242-7  powers and perform the duties of office in accordance with this
  242-8  chapter.  (V.A.C.S. Art. 6252-10a, Sec. 8.)
  242-9        Sec. 616.025.  OATH; BOND.  (a)  An emergency interim
 242-10  successor at the time of designation shall take the oath required
 242-11  to exercise the powers and perform the duties of office.
 242-12        (b)  An individual, before exercising the powers or
 242-13  performing the duties of an office to which that individual
 242-14  succeeds, shall comply with the law relating to taking office,
 242-15  including provisions for a bond and an oath.  (V.A.C.S. Art.
 242-16  6252-10a, Sec. 6.)
 242-17        Sec. 616.026.  TERMINATION OF POWERS AND DUTIES BY
 242-18  LEGISLATURE.  The legislature, by concurrent resolution, may
 242-19  terminate the authority of emergency interim successors to exercise
 242-20  the powers and perform the duties of office.  (V.A.C.S.
 242-21  Art. 6252-10a, Sec. 7 (part).)
 242-22            CHAPTER 617.  COLLECTIVE BARGAINING AND STRIKES
 242-23  Sec. 617.001.  DEFINITION
 242-24  Sec. 617.002.  COLLECTIVE BARGAINING BY PUBLIC EMPLOYEES
 242-25                   PROHIBITED
 242-26  Sec. 617.003.  PROHIBITION ON STRIKES BY PUBLIC EMPLOYEES
 242-27  Sec. 617.004.  RIGHT TO WORK
  243-1  Sec. 617.005.  EFFECT OF CHAPTER
  243-2            CHAPTER 617.  COLLECTIVE BARGAINING AND STRIKES
  243-3        Sec. 617.001.  DEFINITION.  In this chapter, "labor
  243-4  organization" means any organization in which employees participate
  243-5  and that exists in whole or in part to deal with one or more
  243-6  employers concerning grievances, labor disputes, wages, hours of
  243-7  employment, or working conditions.  (V.A.C.S. Art. 5154c, Sec. 5.)
  243-8        Sec. 617.002.  COLLECTIVE BARGAINING BY PUBLIC EMPLOYEES
  243-9  PROHIBITED.  (a)  An official of the state or of a political
 243-10  subdivision of the state may not enter into a collective bargaining
 243-11  contract with a labor organization regarding wages, hours, or
 243-12  conditions of employment of public employees.
 243-13        (b)  A contract entered into in violation of Subsection (a)
 243-14  is void.
 243-15        (c)  An official of the state or of a political subdivision
 243-16  of the state may not recognize a labor organization as the
 243-17  bargaining agent for a group of public employees.  (V.A.C.S.
 243-18  Art. 5154c, Secs. 1, 2.)
 243-19        Sec. 617.003.  PROHIBITION ON STRIKES BY PUBLIC EMPLOYEES.
 243-20  (a)  Public employees may not strike or engage in an organized work
 243-21  stoppage against the state or a political subdivision of the state.
 243-22        (b)  A public employee who violates Subsection (a) forfeits
 243-23  all civil service rights, reemployment rights, and any other
 243-24  rights, benefits, and privileges the employee enjoys as a result of
 243-25  public employment or former public employment.
 243-26        (c)  The right of an individual to cease work may not be
 243-27  abridged if the individual is not acting in concert with others in
  244-1  an organized work stoppage.   (V.A.C.S. Art. 5154c, Sec. 3.)
  244-2        Sec. 617.004.  RIGHT TO WORK.  An individual may not be
  244-3  denied public employment because of the individual's membership or
  244-4  nonmembership in a labor organization.  (V.A.C.S. Art. 5154c,
  244-5  Sec. 4.)
  244-6        Sec. 617.005.  EFFECT OF CHAPTER.  This chapter does not
  244-7  impair the right of public employees to present grievances
  244-8  concerning their wages, hours of employment, or conditions of work
  244-9  either individually or through a representative that does not claim
 244-10  the right to strike.  (V.A.C.S. Art. 5154c, Sec. 6.)
 244-11             (Chapters 618 to 650 reserved for expansion)
 244-12               SUBTITLE B.  STATE OFFICERS AND EMPLOYEES
 244-13                   CHAPTER 651.  GENERAL PROVISIONS
 244-14  Sec. 651.001.  DEFINITION
 244-15  Sec. 651.002.  BENEFITS OF AND RESTRICTIONS ON STATE EMPLOYEES
 244-16                   WORKING OUT OF STATE
 244-17  Sec. 651.003.  WRITTEN STATEMENT OF DISSENTING BOARD MEMBER
 244-18               SUBTITLE B.  STATE OFFICERS AND EMPLOYEES
 244-19                   CHAPTER 651.  GENERAL PROVISIONS
 244-20        Sec. 651.001.  DEFINITION.  In any state statute, "officer"
 244-21  means an officer of this state unless otherwise expressly provided.
 244-22  (V.A.C.S. Art. 22.)
 244-23        Sec. 651.002.  BENEFITS OF AND RESTRICTIONS ON STATE
 244-24  EMPLOYEES WORKING OUT OF STATE.  A state employee who is required
 244-25  to work outside of this state is entitled to the same benefits and
 244-26  is subject to the same restrictions provided by law for other state
 244-27  employees, including vacation, leave from employment, and the
  245-1  employment policies and restrictions provided by the General
  245-2  Appropriations Act.  (V.A.C.S. Art. 6252-8c.)
  245-3        Sec. 651.003.  WRITTEN STATEMENT OF DISSENTING BOARD MEMBER.
  245-4  A member of the governing board of an agency in the executive
  245-5  branch of state government may dissent from an action taken by the
  245-6  board and is entitled to enter a written statement of dissent into
  245-7  the minutes of the meeting.  (V.A.C.S. Art. 6252-17c.)
  245-8                        CHAPTER 652.  VACANCIES
  245-9                   SUBCHAPTER A.  GENERAL PROVISIONS
 245-10  Sec. 652.001.  TERM OF APPOINTMENT TO VACANCY
 245-11         (Sections 652.002 to 652.020 reserved for expansion)
 245-12           SUBCHAPTER B.  PROHIBITIONS ON FILLING VACANCIES
 245-13  Sec. 652.021.  SCOPE OF SUBCHAPTER
 245-14  Sec. 652.022.  DEFINITION
 245-15  Sec. 652.023.  PROHIBITION AGAINST FILLING CERTAIN VACANCIES
 245-16  Sec. 652.024.  EXCEPTIONS
 245-17  Sec. 652.025.  APPOINTMENT VOID
 245-18  Sec. 652.026.  VACANCY DURING TRANSITION PERIOD
 245-19                        CHAPTER 652.  VACANCIES
 245-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 245-21        Sec. 652.001.  TERM OF APPOINTMENT TO VACANCY.  An
 245-22  appointment made by the governor to a vacancy in the office of a
 245-23  commissioner, commission, or board created by law is for the
 245-24  unexpired term, unless otherwise provided by law.  (V.A.C.S.
 245-25  Art. 21.)
 245-26         (Sections 652.002 to 652.020 reserved for expansion)
 245-27           SUBCHAPTER B.  PROHIBITIONS ON FILLING VACANCIES
  246-1        Sec. 652.021.  SCOPE OF SUBCHAPTER.  (a)  This subchapter
  246-2  applies to a vacancy in a state or district office that is to be
  246-3  filled by appointment by the governor.
  246-4        (b)  For purposes of this subchapter, the expiration of a
  246-5  state or district officer's term of office creates a vacancy in the
  246-6  office.  (V.A.C.S. Art. 19a, Sec. 1.)
  246-7        Sec. 652.022.  DEFINITION.  In this subchapter, "transition
  246-8  period" means the period beginning on November 1 preceding the day
  246-9  of a general election for the office of governor and ending on the
 246-10  day the individual elected governor, or the individual's successor
 246-11  if the individual elected governor is unable to serve, takes office
 246-12  as governor.  (V.A.C.S. Art. 19a, Sec. 2(a) (part); New.)
 246-13        Sec. 652.023.  PROHIBITION AGAINST FILLING CERTAIN VACANCIES.
 246-14  An incumbent governor may not, during the transition period,
 246-15  appoint an individual to fill a vacancy that occurred before the
 246-16  beginning of the transition period.  (V.A.C.S. Art. 19a, Sec. 2(a)
 246-17  (part).)
 246-18        Sec. 652.024.  EXCEPTIONS.  Section 652.023 does not apply
 246-19  to:
 246-20              (1)  an incumbent governor if the secretary of state
 246-21  proclaims that, according to the secretary's count of returns from
 246-22  the general election, the governor is reelected; or
 246-23              (2)  a vacancy that:
 246-24                    (A)  first occurs after October 1 preceding the
 246-25  transition period and before the transition period begins;
 246-26                    (B)  is caused by the death of the officeholder;
 246-27  and
  247-1                    (C)  would not have occurred during the period
  247-2  described by Paragraph (A) by the expiration of the officeholder's
  247-3  term of office.  (V.A.C.S. Art. 19a, Secs. 2(a) (part), (b), (d).)
  247-4        Sec. 652.025.  APPOINTMENT VOID.  An appointment made in
  247-5  violation of Section 652.023 is void.  (V.A.C.S. Art. 19a, Sec.
  247-6  2(c).)
  247-7        Sec. 652.026.  VACANCY DURING TRANSITION PERIOD.  (a)  If a
  247-8  vacancy first occurs during the transition period, the incumbent
  247-9  governor may appoint an individual to fill the vacancy only for a
 247-10  partial term expiring February 1 following the occurrence of the
 247-11  vacancy.
 247-12        (b)  This section does not apply to:
 247-13              (1)  a vacancy for which Article V of the Texas
 247-14  Constitution prescribes a different term; or
 247-15              (2)  an appointee of an incumbent governor if the
 247-16  secretary of state proclaims that, according to the secretary's
 247-17  count of the returns from the general election, the governor is
 247-18  reelected.  (V.A.C.S. Art. 19a, Secs. 3(a), (b).)
 247-19          CHAPTER 653.  BONDS COVERING CERTAIN STATE OFFICERS
 247-20                             AND EMPLOYEES
 247-21  Sec. 653.001.  SHORT TITLE
 247-22  Sec. 653.002.  LEGISLATIVE INTENT
 247-23  Sec. 653.003.  DEFINITIONS
 247-24  Sec. 653.004.  AUTHORITY TO PURCHASE BONDS
 247-25  Sec. 653.005.  AMOUNT OF BOND COVERAGE
 247-26  Sec. 653.006.  TERMS OF BONDS
 247-27  Sec. 653.007.  WRITING OF BONDS
  248-1  Sec. 653.008.  FILING AND CUSTODY OF BONDS
  248-2  Sec. 653.009.  PAYMENT OF PREMIUMS
  248-3  Sec. 653.010.  ATTORNEY GENERAL AUTHORIZED TO RECOVER LOSS
  248-4  Sec. 653.011.  DEPOSIT OF RECOVERY
  248-5          CHAPTER 653.  BONDS COVERING CERTAIN STATE OFFICERS
  248-6                             AND EMPLOYEES
  248-7        Sec. 653.001.  SHORT TITLE.  This chapter may be cited as the
  248-8  State Employee Bonding Act.  (V.A.C.S. Art. 6003b, Sec. 1.)
  248-9        Sec. 653.002.  LEGISLATIVE INTENT.  The intent of the
 248-10  legislature in enacting this chapter is to prescribe:
 248-11              (1)  uniform standards for the bonding of officers and
 248-12  employees of state agencies to provide protection against loss; and
 248-13              (2)  a uniform bond to cover those officers and
 248-14  employees.  (V.A.C.S. Art. 6003b, Sec. 2.)
 248-15        Sec. 653.003.  DEFINITIONS.  In this chapter:
 248-16              (1)  "Bond" means an agreement obligating an insurance
 248-17  company, as a surety, to pay within certain limits a loss caused by
 248-18  a:
 248-19                    (A)  dishonest act of an officer or employee of a
 248-20  state agency; or
 248-21                    (B)  failure of an officer or employee of a state
 248-22  agency to faithfully perform a duty of the officer's or employee's
 248-23  office or position.
 248-24              (2)  "Faithful performance blanket position bond" means
 248-25  a bond that:
 248-26                    (A)  covers all positions in a state agency; and
 248-27                    (B)  is conditioned on the faithful performance
  249-1  of the officers' and employees' duties.
  249-2              (3)  "Honesty blanket position bond" means a bond that
  249-3  covers all positions in a state agency for a specific amount for
  249-4  each position.
  249-5              (4)  "Position schedule honesty bond" means a bond that
  249-6  covers, for a specific amount for each position, the honesty of an
  249-7  employee of a state agency who occupies and performs the duties of
  249-8  a position listed in a schedule attached to the bond.
  249-9              (5)  "Specific excess indemnity" means additional bond
 249-10  coverage that exceeds the coverage specified in a faithful
 249-11  performance blanket position bond, honesty blanket position bond,
 249-12  or position schedule honesty bond.
 249-13              (6)  "State agency" means a state department,
 249-14  commission, board, institution, court, or institution of higher
 249-15  education.  The term also includes a soil conservation district of
 249-16  the state but does not include any other political subdivision of
 249-17  the state.  (V.A.C.S. Art. 6003b, Sec. 3.)
 249-18        Sec. 653.004.  AUTHORITY TO PURCHASE BONDS.  (a)  The head of
 249-19  a state agency may contract for:
 249-20              (1)  a position schedule honesty bond covering not more
 249-21  than 10 offices or positions of the state agency; or
 249-22              (2)  a blanket position bond for more than two offices
 249-23  or positions of the state agency.
 249-24        (b)  The head of a state agency may not contract for coverage
 249-25  of the same office or position under more than one type of bond,
 249-26  other than for specific excess indemnity authorized under
 249-27  Subsection (c).
  250-1        (c)  The head of a state agency, other than the comptroller
  250-2  or the state treasurer, may contract for specific excess indemnity
  250-3  coverage in addition to a blanket bond.  The comptroller or the
  250-4  state treasurer may contract for:
  250-5              (1)  specific excess indemnity coverage in addition to
  250-6  an honesty blanket position bond or to a position schedule honesty
  250-7  bond; and
  250-8              (2)  a faithful performance blanket position bond.
  250-9        (d)  A bond covers the office or position rather than the
 250-10  officer or employee in the office or position.  (V.A.C.S. Art.
 250-11  6003b, Secs. 4 (part), 5(b), 6(d) (part).)
 250-12        Sec. 653.005.  AMOUNT OF BOND COVERAGE.  (a)  The head of a
 250-13  state agency shall determine the necessary amount of bond coverage
 250-14  for the agency within the maximum bond coverage limit.
 250-15        (b)  The maximum bond coverage on a state officer or
 250-16  employee, including specific excess indemnity coverage, may not
 250-17  exceed $10,000 unless the state auditor recommends and approves
 250-18  specific excess indemnity coverage of more than $10,000 as
 250-19  necessary to protect the state.  (V.A.C.S. Art. 6003b, Secs. 4
 250-20  (part), 5(a), (c).)
 250-21        Sec. 653.006.  TERMS OF BONDS.  A bond may be purchased for
 250-22  three-year coverage.  (V.A.C.S. Art. 6003b, Sec. 6(d) (part).)
 250-23        Sec. 653.007.  WRITING OF BONDS.  (a)  Only an insurance
 250-24  company authorized to act as surety in this state may write a bond
 250-25  under this chapter.
 250-26        (b)  A bond under this chapter must be written in triplicate
 250-27  originals on a form approved by the State Board of Insurance.
  251-1  (V.A.C.S. Art. 6003b, Secs. 4 (part), 6(a), (c) (part).)
  251-2        Sec. 653.008.  FILING AND CUSTODY OF BONDS.  (a)  One
  251-3  original of each bond shall be filed with the secretary of state.
  251-4        (b)  One original of each bond shall be filed with the
  251-5  comptroller.
  251-6        (c)  One original of each bond shall be filed with the state
  251-7  agency covered by the bond.
  251-8        (d)  Each state agency is responsible for custody of the
  251-9  bond.  (V.A.C.S. Art. 6003b, Sec. 6(c) (part).)
 251-10        Sec. 653.009.  PAYMENT OF PREMIUMS.  The state, as
 251-11  beneficiary, shall pay premiums on bonds under this chapter from:
 251-12              (1)  money appropriated by the legislature for that
 251-13  purpose;
 251-14              (2)  money appropriated by the legislature to a state
 251-15  agency for:
 251-16                    (A)  administration or administration expense;
 251-17                    (B)  operation expense;
 251-18                    (C)  general operation expense;
 251-19                    (D)  maintenance;
 251-20                    (E)  miscellaneous expense; or
 251-21                    (F)  contingencies; or
 251-22              (3)  money of a state agency that:
 251-23                    (A)  is outside the state treasury; and
 251-24                    (B)  may be used by the agency for operational
 251-25  expenses of the agency.  (V.A.C.S. Art. 6003b, Sec. 6(b).)
 251-26        Sec. 653.010.  ATTORNEY GENERAL AUTHORIZED TO RECOVER LOSS.
 251-27  The attorney general, on notice by an agency of a loss covered by a
  252-1  bond under this chapter, may:
  252-2              (1)  immediately bring or cause to be brought an action
  252-3  to recover the loss; and
  252-4              (2)  take any action necessary for recovery of the
  252-5  obligation of the surety.  (V.A.C.S. Art. 6003b, Sec. 7 (part).)
  252-6        Sec. 653.011.  DEPOSIT OF RECOVERY.  A recovery of a loss or
  252-7  a recovery on a bond under this chapter shall be deposited to the
  252-8  credit of the fund from which the loss occurred.  (V.A.C.S. Art.
  252-9  6003b, Sec. 7 (part).)
 252-10                 CHAPTER 654.  POSITION CLASSIFICATION
 252-11                   SUBCHAPTER A.  GENERAL PROVISIONS
 252-12  Sec. 654.001.  SHORT TITLE
 252-13  Sec. 654.002.  POSITION CLASSIFICATION PLAN
 252-14         (Sections 654.003 to 654.010 reserved for expansion)
 252-15              SUBCHAPTER B.  POSITION CLASSIFICATION PLAN
 252-16  Sec. 654.011.  APPLICATION OF POSITION CLASSIFICATION PLAN
 252-17  Sec. 654.012.  EXCEPTIONS FROM POSITION CLASSIFICATION PLAN
 252-18  Sec. 654.013.  DEFERRAL FROM POSITION CLASSIFICATION PLAN
 252-19  Sec. 654.014.  APPOINTMENTS TO CONFORM WITH POSITION
 252-20                   CLASSIFICATION PLAN AND GENERAL
 252-21                   APPROPRIATIONS ACT
 252-22  Sec. 654.015.  QUALIFICATION REQUIREMENTS AND SPECIFICATIONS IN
 252-23                   POSITION CLASSIFICATION PLAN
 252-24  Sec. 654.016.  NEW CLASS OR KIND OF WORK
 252-25         (Sections 654.017 to 654.030 reserved for expansion)
 252-26                 SUBCHAPTER C.  CLASSIFICATION OFFICER
 252-27  Sec. 654.031.  POSITION OF CLASSIFICATION OFFICER
  253-1  Sec. 654.032.  APPOINTMENT OF CLASSIFICATION OFFICER
  253-2  Sec. 654.033.  QUALIFICATIONS OF CLASSIFICATION OFFICER
  253-3  Sec. 654.034.  SALARY OF CLASSIFICATION OFFICER
  253-4  Sec. 654.035.  FIRST ASSISTANT CLASSIFICATION OFFICER
  253-5  Sec. 654.036.  GENERAL DUTIES OF CLASSIFICATION OFFICER
  253-6  Sec. 654.037.  SALARY STUDIES AND RECOMMENDATIONS
  253-7  Sec. 654.038.  PERSONNEL AUDITS; NOTIFICATION AND VOLUNTARY
  253-8                   CORRECTION OF NONCONFORMITY
  253-9  Sec. 654.039.  REPORT OF INACTION
 253-10  Sec. 654.040.  ACTION BY GOVERNOR
 253-11  Sec. 654.041.  EXAMINATION FOR COMPLIANCE BY STATE AUDITOR;
 253-12                   REPORTS
 253-13  Sec. 654.042.  ASSISTANCE FROM STATE AUDITOR
 253-14  Sec. 654.043.  FREE USE OF COMPTROLLER'S DATA PROCESSING
 253-15                   CENTER
 253-16         (Sections 654.044 to 654.060 reserved for expansion)
 253-17                       SUBCHAPTER D.  OTHER LAWS
 253-18  Sec. 654.061.  CONSTRUCTION WITH OTHER LAWS
 253-19  Sec. 654.062.  CONFLICT WITH LAWS RELATING TO EMPLOYEE MERIT
 253-20                   SYSTEMS IN CERTAIN AGENCIES
 253-21                 CHAPTER 654.  POSITION CLASSIFICATION
 253-22                   SUBCHAPTER A.  GENERAL PROVISIONS
 253-23        Sec. 654.001.  SHORT TITLE.  This chapter may be cited as the
 253-24  Position Classification Act.  (V.A.C.S. Art. 6252-11, Sec. 1.)
 253-25        Sec. 654.002.  POSITION CLASSIFICATION PLAN.  In this
 253-26  chapter, the position classification plan is the Texas Position
 253-27  Classification Plan, 1961, that was filed with the governor, as
  254-1  changed under this chapter, and that provides the salary structure
  254-2  for specified state employments.  (V.A.C.S. Art. 6252-11, Sec. 3.)
  254-3         (Sections 654.003 to 654.010 reserved for expansion)
  254-4              SUBCHAPTER B.  POSITION CLASSIFICATION PLAN
  254-5        Sec. 654.011.  APPLICATION OF POSITION CLASSIFICATION PLAN.
  254-6  (a)  The position classification plan and the salary rates and
  254-7  provisions in the General Appropriations Act apply to all regular,
  254-8  full-time salaried employments in the state departments, agencies,
  254-9  or judicial entities specified in the articles of the General
 254-10  Appropriations Act that appropriate money to:
 254-11              (1)  executive and administrative departments and
 254-12  agencies;
 254-13              (2)  health, welfare, and rehabilitation agencies;
 254-14              (3)  the judiciary, except for judges, district
 254-15  attorneys, and assistant district attorneys; and
 254-16              (4)  agencies of public education, but only the Central
 254-17  Education Agency, the Texas School for the Blind and Visually
 254-18  Impaired, and the Texas School for the Deaf.
 254-19        (b)  Except as provided by this chapter, the position
 254-20  classification plan and the salary rates and provisions in the
 254-21  General Appropriations Act apply to all regular, full-time salaried
 254-22  employments in executive and administrative agencies of the state
 254-23  without regard to whether the money of the agency is kept in the
 254-24  state treasury.  (V.A.C.S. Art. 6252-11, Sec. 2 (part).)
 254-25        Sec. 654.012.  EXCEPTIONS FROM POSITION CLASSIFICATION PLAN.
 254-26  The position classification plan does not apply to:
 254-27              (1)  a constitutional officer or official;
  255-1              (2)  an elected officer or official;
  255-2              (3)  an officer appointed by the governor;
  255-3              (4)  the chief executive of a state agency;
  255-4              (5)  a teacher in a public school, special school of
  255-5  the state, or state institution of higher education;
  255-6              (6)  research personnel in state institutions of higher
  255-7  education;
  255-8              (7)  a medical doctor;
  255-9              (8)  a professional compensated for services on a fee
 255-10  basis;
 255-11              (9)  an hourly employee;
 255-12              (10)  a part-time employee;
 255-13              (11)  a temporary employee; and
 255-14              (12)  an employment excluded from the plan:
 255-15                    (A)  by executive order of the governor; or
 255-16                    (B)  at the direction of the legislature.
 255-17  (V.A.C.S. Art. 6252-11, Sec. 2 (part).)
 255-18        Sec. 654.013.  DEFERRAL FROM POSITION CLASSIFICATION PLAN.
 255-19  Nonacademic employments in state institutions of higher education
 255-20  are deferred from the application of the position classification
 255-21  plan until the governor orders or the legislature directs
 255-22  otherwise.  (V.A.C.S. Art. 6252-11, Sec. 2 (part).)
 255-23        Sec. 654.014.  APPOINTMENTS TO CONFORM WITH POSITION
 255-24  CLASSIFICATION PLAN AND GENERAL APPROPRIATIONS ACT.  Each
 255-25  employment to which this subchapter applies shall conform to:
 255-26              (1)  the classes of work described in the position
 255-27  classification plan;
  256-1              (2)  the titles authorized by the plan; and
  256-2              (3)  the salary rates and provisions in the General
  256-3  Appropriations Act.  (V.A.C.S. Art. 6252-11, Secs. 2 (part), 4
  256-4  (part).)
  256-5        Sec. 654.015.  QUALIFICATION REQUIREMENTS AND SPECIFICATIONS
  256-6  IN POSITION CLASSIFICATION PLAN.  General qualification
  256-7  requirements or similar requirements in the position classification
  256-8  plan, including specifications for experience, training, education,
  256-9  knowledge, skills, abilities, and physical conditions:
 256-10              (1)  are only meant to represent the qualifications
 256-11  commonly wanted by employing officers of the state; and
 256-12              (2)  do not have the force of law.  (V.A.C.S.
 256-13  Art. 6252-11, Sec. 5 (part).)
 256-14        Sec. 654.016.  NEW CLASS OR KIND OF WORK.  (a)  A governing
 256-15  board or a chief executive of an agency needing to employ a person
 256-16  in a class or kind of work that is subject to but not described in
 256-17  the position classification plan shall notify the classification
 256-18  officer of the situation.
 256-19        (b)  The classification officer shall, to permit the needed
 256-20  employment, promptly:
 256-21              (1)  include the employment in an existing class
 256-22  description of work or provide a new class description of work for
 256-23  the employment; and
 256-24              (2)  set a salary range for the class.
 256-25        (c)  The classification officer shall notify the comptroller
 256-26  of the actions.
 256-27        (d)  An action of the classification officer under this
  257-1  section is subject to:
  257-2              (1)  any limitation established for the agency in the
  257-3  General Appropriations Act, including limitations on the number of
  257-4  positions and amount of appropriations; and
  257-5              (2)  the approval of the state auditor with advice from
  257-6  the Legislative Audit Committee.  (V.A.C.S. Art. 6252-11, Sec. 5
  257-7  (part).)
  257-8         (Sections 654.017 to 654.030 reserved for expansion)
  257-9                 SUBCHAPTER C.  CLASSIFICATION OFFICER
 257-10        Sec. 654.031.  POSITION OF CLASSIFICATION OFFICER.  The
 257-11  position of classification officer is in the office of the state
 257-12  auditor.  (V.A.C.S. Art. 6252-11, Sec. 6(a) (part).)
 257-13        Sec. 654.032.  APPOINTMENT OF CLASSIFICATION OFFICER.  The
 257-14  state auditor shall appoint the classification officer, subject to
 257-15  the advice and approval of the Legislative Audit Committee.
 257-16  (V.A.C.S. Art. 6252-11, Sec. 6(a) (part).)
 257-17        Sec. 654.033.  QUALIFICATIONS OF CLASSIFICATION OFFICER.  To
 257-18  be eligible for appointment as classification officer, an
 257-19  individual must have:
 257-20              (1)  at least six years' experience in position
 257-21  classification or personnel management; or
 257-22              (2)  a period of experience equivalent to that
 257-23  described in Subdivision (1) in related work in state employment
 257-24  that specially qualifies the person for the position.  (V.A.C.S.
 257-25  Art. 6252-11, Sec. 6(a) (part).)
 257-26        Sec. 654.034.  SALARY OF CLASSIFICATION OFFICER.  The
 257-27  classification officer is entitled to the salary set by the General
  258-1  Appropriations Act.  (V.A.C.S. Art. 6252-11, Sec. 6(a) (part).)
  258-2        Sec. 654.035.  FIRST ASSISTANT CLASSIFICATION OFFICER.  The
  258-3  classification officer, subject to the approval of the state
  258-4  auditor and the Legislative Audit Committee, may appoint a first
  258-5  assistant classification officer to whom the classification officer
  258-6  may delegate the statutory powers and duties of the classification
  258-7  officer when the classification officer is absent.  (V.A.C.S. Art.
  258-8  6252-11, Sec. 6(b).)
  258-9        Sec. 654.036.  GENERAL DUTIES OF CLASSIFICATION OFFICER.  The
 258-10  classification officer shall:
 258-11              (1)  maintain and keep current the position
 258-12  classification plan;
 258-13              (2)  advise and assist state agencies in equitably and
 258-14  uniformly applying the plan;
 258-15              (3)  assist in personnel audits to ensure conformity
 258-16  with the plan; and
 258-17              (4)  make recommendations that the classification
 258-18  officer finds necessary and desirable about the operation and for
 258-19  improvement of the plan to the governor and the legislature.
 258-20  (V.A.C.S. Art. 6252-11, Sec. 6(d) (part).)
 258-21        Sec. 654.037.  SALARY STUDIES AND RECOMMENDATIONS.  The
 258-22  classification officer shall:
 258-23              (1)  make periodic studies of salary rates in other
 258-24  governmental units and in industry for similar work performed in
 258-25  state government; and
 258-26              (2)  report the classification officer's findings and
 258-27  recommendations for adjusting state salary ranges to the governor's
  259-1  budget office and the Legislative Budget Board not later than
  259-2  October 1 preceding each regular session of the legislature.
  259-3  (V.A.C.S. Art. 6252-11, Sec. 6(d) (part).)
  259-4        Sec. 654.038.  PERSONNEL AUDITS; NOTIFICATION AND VOLUNTARY
  259-5  CORRECTION OF NONCONFORMITY.  (a)  The classification officer shall
  259-6  notify the chief executive of the agency in writing when a
  259-7  personnel audit reveals nonconformity with the position
  259-8  classification plan or with prescribed salary ranges.  The
  259-9  notification shall specify the points of nonconformity.
 259-10        (b)  The chief executive is entitled to a reasonable
 259-11  opportunity to resolve the nonconformity by:
 259-12              (1)  reassigning the employee to a position title or
 259-13  class consistent with the work performed;
 259-14              (2)  changing the employee's title or salary rate to
 259-15  conform to the plan and salary range; or
 259-16              (3)  obtaining a new class description of work and
 259-17  salary range.  (V.A.C.S. Art. 6252-11, Sec. 6(e).)
 259-18        Sec. 654.039.  REPORT OF INACTION.  The classification
 259-19  officer shall make a written report of the facts to the governor
 259-20  and the Legislative Budget Board if the chief executive of an
 259-21  agency does not comply with Section 654.038(b) before the 21st day
 259-22  after the date of the classification officer's written
 259-23  notification.  (V.A.C.S. Art. 6252-11, Sec. 6(f) (part).)
 259-24        Sec. 654.040.  ACTION BY GOVERNOR.  In response to a report
 259-25  under Section 654.039, the governor:
 259-26              (1)  may determine, with the advice of the Legislative
 259-27  Audit Committee, the action to be taken to resolve a nonconformity;
  260-1  and
  260-2              (2)  may direct the comptroller to not issue a payroll
  260-3  warrant for the appropriate employee or position until the
  260-4  nonconformity is corrected.  (V.A.C.S. Art. 6252-11, Sec. 6(f)
  260-5  (part).)
  260-6        Sec. 654.041.  EXAMINATION FOR COMPLIANCE BY STATE AUDITOR;
  260-7  REPORTS.  The state auditor shall:
  260-8              (1)  examine or cause to be examined, in periodic
  260-9  postaudits of their expenditures and by methods the auditor
 260-10  considers appropriate and adequate, whether departments and
 260-11  agencies are in compliance with this chapter; and
 260-12              (2)  report the findings to the governor, the
 260-13  comptroller, and the Legislative Audit Committee.  (V.A.C.S. Art.
 260-14  6252-11, Sec. 4 (part).)
 260-15        Sec. 654.042.  ASSISTANCE FROM STATE AUDITOR.  The state
 260-16  auditor may provide assistance to the classification officer using
 260-17  money appropriated for that purpose.  (V.A.C.S. Art. 6252-11, Sec.
 260-18  6(a) (part).)
 260-19        Sec. 654.043.  FREE USE OF COMPTROLLER'S DATA PROCESSING
 260-20  CENTER.  The classification officer may use, without charge, the
 260-21  comptroller's data processing center to process position
 260-22  classification information when the center is available.  (V.A.C.S.
 260-23  Art. 6252-11, Sec. 6(c).)
 260-24         (Sections 654.044 to 654.060 reserved for expansion)
 260-25                       SUBCHAPTER D.  OTHER LAWS
 260-26        Sec. 654.061.  CONSTRUCTION WITH OTHER LAWS.  (a)  This
 260-27  chapter does not affect the authority of a governing body or a
  261-1  chief executive of an agency under another law to employ persons or
  261-2  promote or dismiss employees.
  261-3        (b)  This chapter does not authorize an increase in the
  261-4  number of positions in an agency or the amount of appropriations to
  261-5  an agency set by the General Appropriations Act.  (V.A.C.S. Art.
  261-6  6252-11, Sec. 5 (part).)
  261-7        Sec. 654.062.  CONFLICT WITH LAWS RELATING TO EMPLOYEE MERIT
  261-8  SYSTEMS IN CERTAIN AGENCIES.  Sections 654.015 and 654.061 do not
  261-9  abrogate statutory authorization for a state agency to operate
 261-10  under an employee merit system as a condition for qualifying for
 261-11  federal grants-in-aid.  A merit system agreed to by a state agency
 261-12  and an agency of the federal government shall continue in effect,
 261-13  subject to applicable state law.  (V.A.C.S. Art. 6252-11, Sec. 5
 261-14  (part).)
 261-15                     CHAPTER 655.  MERIT SELECTION
 261-16  Sec. 655.001.  APPLICABILITY
 261-17  Sec. 655.002.  MERIT SELECTION PRINCIPLES
 261-18  Sec. 655.003.  ADDITIONAL MERIT SELECTION PRINCIPLES
 261-19  Sec. 655.004.  ADMINISTRATION OF MERIT SELECTION
 261-20                     CHAPTER 655.  MERIT SELECTION
 261-21        Sec. 655.001.  APPLICABILITY.  This chapter applies only to a
 261-22  state agency that is required by federal law or regulation to use a
 261-23  merit system of personnel administration for the agency or for a
 261-24  program administered under the agency.  (V.A.C.S. Art. 6252-11g,
 261-25  Sec. 1(a) (part).)
 261-26        Sec. 655.002.  MERIT SELECTION PRINCIPLES.  (a)  A state
 261-27  agency by rule shall establish intraagency policies and procedures
  262-1  to ensure:
  262-2              (1)  compliance with the federal requirements; and
  262-3              (2)  the recruitment, selection, and advancement of
  262-4  highly competent agency personnel.
  262-5        (b)  A rule adopted under this section must ensure that the
  262-6  state agency:
  262-7              (1)  recruits, selects, and promotes its employees
  262-8  according to the relative abilities, knowledge, and skills of the
  262-9  applicants or employees;
 262-10              (2)  provides equitable and adequate compensation to an
 262-11  employee;
 262-12              (3)  provides any employee training necessary to ensure
 262-13  performance of a high quality;
 262-14              (4)  uses the adequacy of an employee's job performance
 262-15  to determine whether the employee will be retained;
 262-16              (5)  treats a job applicant or employee fairly in all
 262-17  aspects of personnel administration;
 262-18              (6)  complies fully with state and federal equal
 262-19  opportunity and nondiscrimination laws; and
 262-20              (7)  protects an employee against coercion for partisan
 262-21  political purposes and prohibits the employee from using employment
 262-22  status to interfere with or affect the result of an election or
 262-23  nomination for office.  (V.A.C.S. Art. 6252-11g, Secs. 1(a) (part),
 262-24  2(a).)
 262-25        Sec. 655.003.  ADDITIONAL MERIT SELECTION PRINCIPLES.  A
 262-26  state agency shall implement any additional merit principles
 262-27  required by federal law or regulation.  (V.A.C.S. Art. 6252-11g,
  263-1  Sec. 2(b).)
  263-2        Sec. 655.004.  ADMINISTRATION OF MERIT SELECTION.  A state
  263-3  agency may create a separate division within the agency to
  263-4  administer merit selection policies and procedures if the chief
  263-5  executive of the agency considers the creation necessary.
  263-6  (V.A.C.S. Art. 6252-11g, Sec. 1(b).)
  263-7                CHAPTER 656.  JOB NOTICES AND TRAINING
  263-8                  SUBCHAPTER A.  EMPLOYMENT OPENINGS
  263-9  Sec. 656.001.  STATE AGENCY EMPLOYMENT OPENINGS
 263-10         (Sections 656.002 to 656.020 reserved for expansion)
 263-11                      SUBCHAPTER B.  JOB NOTICES
 263-12  Sec. 656.021.  DEFINITIONS
 263-13  Sec. 656.022.  SUBMISSION OF JOB INFORMATION FORMS
 263-14  Sec. 656.023.  JOB INFORMATION FORMS
 263-15  Sec. 656.024.  PUBLIC NOTICE OF JOB VACANCIES
 263-16  Sec. 656.025.  OTHER EFFORTS TO INFORM SOURCES OF VACANCIES
 263-17         (Sections 656.026 to 656.040 reserved for expansion)
 263-18                        SUBCHAPTER C.  TRAINING
 263-19  Sec. 656.041.  SHORT TITLE
 263-20  Sec. 656.042.  FINDINGS AND PURPOSE
 263-21  Sec. 656.043.  DEFINITION
 263-22  Sec. 656.044.  PUBLIC FUNDS FOR TRAINING AND EDUCATION
 263-23  Sec. 656.045.  REQUIRED ATTENDANCE AT PROGRAM
 263-24  Sec. 656.046.  PURPOSES OF PROGRAM
 263-25  Sec. 656.047.  PAYMENT OF PROGRAM EXPENSES
 263-26  Sec. 656.048.  RULES RELATING TO TRAINING AND EDUCATION
 263-27  Sec. 656.049.  AUTHORITY TO CONTRACT
  264-1                CHAPTER 656.  JOB NOTICES AND TRAINING
  264-2                  SUBCHAPTER A.  EMPLOYMENT OPENINGS
  264-3        Sec. 656.001.  STATE AGENCY EMPLOYMENT OPENINGS.  Any agency,
  264-4  board, bureau, commission, committee, council, court, department,
  264-5  institution, or office in the executive or judicial branch of state
  264-6  government that has an employment opening for which persons from
  264-7  outside the agency will be considered shall list the opening with
  264-8  the Texas Employment Commission.  (V.A.C.S. Art. 5221g-2.)
  264-9         (Sections 656.002 to 656.020 reserved for expansion)
 264-10                      SUBCHAPTER B.  JOB NOTICES
 264-11        Sec. 656.021.  DEFINITIONS.  In this subchapter:
 264-12              (1)  "Commission" means the Texas Employment
 264-13  Commission.
 264-14              (2)  "State agency" means:
 264-15                    (A)  a department, commission, board, office, or
 264-16  other agency that:
 264-17                          (i)  is in the executive branch of state
 264-18  government;
 264-19                          (ii)  has authority that is not limited to
 264-20  a geographical portion of this state; and
 264-21                          (iii)  was created by the constitution or a
 264-22  statute of this state; or
 264-23                    (B)  a university system or an institution of
 264-24  higher education as defined by Section 61.003, Education Code,
 264-25  other than a public junior college.  (V.A.C.S. Art. 6252-11b,
 264-26  Sec. 1 (part).)
 264-27        Sec. 656.022.  SUBMISSION OF JOB INFORMATION FORMS.  As soon
  265-1  as possible after a job vacancy occurs or is filled in Travis
  265-2  County in a state agency, the agency shall complete and deliver to
  265-3  the commission and to the Equal Employment Opportunity Office in
  265-4  the governor's office the appropriate information form prescribed
  265-5  by the commission and pertaining to the job vacancy or placement.
  265-6  (V.A.C.S. Art. 6252-11b, Secs. 1 (part); 2(a).)
  265-7        Sec. 656.023.  JOB INFORMATION FORMS.  The commission shall
  265-8  prescribe the forms for information from state agencies necessary
  265-9  for the commission to serve as a central processing agency for
 265-10  state agency job opportunities in Travis County.  (V.A.C.S.
 265-11  Art. 6252-11b, Sec. 3.)
 265-12        Sec. 656.024.  PUBLIC NOTICE OF JOB VACANCIES.  The
 265-13  commission shall publicly list, in accordance with the commission's
 265-14  procedures, for at least 10 working days, each notice of a job
 265-15  vacancy delivered under Section 656.022 unless the commission is
 265-16  sooner notified by the state agency having the vacancy that the
 265-17  vacancy has been filled.  (V.A.C.S. Art. 6252-11b, Sec. 4(a).)
 265-18        Sec. 656.025.  OTHER EFFORTS TO INFORM SOURCES OF VACANCIES.
 265-19  A state agency is encouraged to continue other efforts used to
 265-20  inform outside applicant recruitment sources of job vacancies.
 265-21  (V.A.C.S. Art. 6252-11b, Sec. 5.)
 265-22         (Sections 656.026 to 656.040 reserved for expansion)
 265-23                        SUBCHAPTER C.  TRAINING
 265-24        Sec. 656.041.  SHORT TITLE.  This subchapter may be cited as
 265-25  the State Employees Training Act.  (V.A.C.S. Art. 6252-11a, Sec.
 265-26  1.)
 265-27        Sec. 656.042.  FINDINGS AND PURPOSE.  Programs for the
  266-1  training and education of state administrators and employees
  266-2  materially aid effective state administration, and public money
  266-3  spent on those programs serves an important public purpose.
  266-4  (V.A.C.S. Art. 6252-11a, Sec. 2.)
  266-5        Sec. 656.043.  DEFINITION.  In this subchapter, "state
  266-6  agency" means a department, agency, or institution of this state,
  266-7  including an institution of higher education as defined by Section
  266-8  61.003, Education Code.  (V.A.C.S. Art. 6252-11a, Sec. 3(b); New.)
  266-9        Sec. 656.044.  PUBLIC FUNDS FOR TRAINING AND EDUCATION.  A
 266-10  state agency may use public funds to provide training and education
 266-11  for its administrators and employees.  The training or education
 266-12  must be related to the duties or prospective duties of the
 266-13  administrator or employee.  (V.A.C.S. Art. 6252-11a, Secs. 3(a)
 266-14  (part), 4 (part).)
 266-15        Sec. 656.045.  REQUIRED ATTENDANCE AT PROGRAM.  A state
 266-16  agency may require an administrator or employee of the agency to
 266-17  attend, as all or part of the administrator's or employee's duties,
 266-18  a training or education program if the training or education is
 266-19  related to the administrator's or employee's duties or prospective
 266-20  duties.  (V.A.C.S. Art. 6252-11a, Sec. 4 (part).)
 266-21        Sec. 656.046.  PURPOSES OF PROGRAM.  A state agency's
 266-22  training and educational program may include:
 266-23              (1)  preparing for technological and legal
 266-24  developments;
 266-25              (2)  increasing work capabilities;
 266-26              (3)  increasing the number of qualified employees in
 266-27  areas designated by institutions of higher education as having an
  267-1  acute faculty shortage; and
  267-2              (4)  increasing the competence of state employees.
  267-3  (V.A.C.S. Art. 6252-11a, Sec. 3(a) (part).)
  267-4        Sec. 656.047.  PAYMENT OF PROGRAM EXPENSES.  A state agency
  267-5  may spend public funds as appropriate to pay the salary, tuition
  267-6  and other fees, travel and living expenses, training stipend,
  267-7  expense of training materials, and other necessary expenses of an
  267-8  instructor, student, or other participant in a training or
  267-9  education program.  (V.A.C.S. Art. 6252-11a, Sec. 3(a) (part).)
 267-10        Sec. 656.048.  RULES RELATING TO TRAINING AND EDUCATION.
 267-11  (a)  A state agency shall adopt rules relating to:
 267-12              (1)  the eligibility of the agency's administrators and
 267-13  employees for training and education supported by the agency; and
 267-14              (2)  the obligations assumed by the administrators and
 267-15  employees on receiving the training and education.
 267-16        (b)  A rule adopted under this section is not effective, and
 267-17  public funds may not be spent under the rule, until the governor
 267-18  approves the rule in writing.  (V.A.C.S. Art. 6252-11a, Sec. 5.)
 267-19        Sec. 656.049.  AUTHORITY TO CONTRACT.  A state agency may
 267-20  contract with another state, local, or federal department, agency,
 267-21  or institution, including a state-supported college or university,
 267-22  to train or educate its administrators and employees or may join in
 267-23  presenting a training or educational program.  (V.A.C.S. Art.
 267-24  6252-11a, Sec. 3(a) (part).)
 267-25            CHAPTER 657.  VETERAN'S EMPLOYMENT PREFERENCES
 267-26  Sec. 657.001.  DEFINITIONS
 267-27  Sec. 657.002.  INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
  268-1                   PREFERENCE
  268-2  Sec. 657.003.  VETERAN'S EMPLOYMENT PREFERENCE
  268-3  Sec. 657.004.  QUOTAS FOR PUBLIC ENTITIES AND PUBLIC WORKS
  268-4  Sec. 657.005.  EMPLOYMENT INVESTIGATION
  268-5  Sec. 657.006.  FEDERAL LAW AND GRANTS
  268-6            CHAPTER 657.  VETERAN'S EMPLOYMENT PREFERENCES
  268-7        Sec. 657.001.  DEFINITIONS.  In this chapter:
  268-8              (1)  "Established service-connected disability" means a
  268-9  disability that has been or may be established by official records.
 268-10              (2)  "Public entity" means a public department,
 268-11  commission, board, or agency.  (V.A.C.S. Art. 4413(31), Sec. 3
 268-12  (part); New.)
 268-13        Sec. 657.002.  INDIVIDUALS ENTITLED TO VETERAN'S EMPLOYMENT
 268-14  PREFERENCE.  (a)  A veteran or the widow or orphan of a veteran
 268-15  qualifies for a veteran's employment preference if the veteran:
 268-16              (1)  served in the military during:
 268-17                    (A)  the Spanish-American War;
 268-18                    (B)  the Philippine Insurrection;
 268-19                    (C)  the China Relief Expedition;
 268-20                    (D)  World War I;
 268-21                    (E)  World War II;
 268-22                    (F)  any other military conflict in which the
 268-23  United States was a participant before June 18, 1945;
 268-24                    (G)  the Korean War after June 24, 1950; or
 268-25                    (H)  the Vietnam conflict after July, 1953;
 268-26              (2)  was honorably discharged from military service;
 268-27  and
  269-1              (3)  is competent.
  269-2        (b)  This chapter does not apply to a veteran who:
  269-3              (1)  was a conscientious objector at the time of the
  269-4  veteran's discharge from military service; or
  269-5              (2)  is receiving or entitled to receive military
  269-6  retirement pay, other than disability retirement pay, from the
  269-7  United States.
  269-8        (c)  In this section, "veteran" means an individual who
  269-9  served in the army, navy, air force, marine corps, or coast guard
 269-10  of the United States or in an auxiliary service of one of those
 269-11  branches of the armed forces.  (V.A.C.S. Art. 4413(31), Secs. 1
 269-12  (part), 3(a); New.)
 269-13        Sec. 657.003.  VETERAN'S EMPLOYMENT PREFERENCE.  (a)  An
 269-14  individual who qualifies for a veteran's employment preference is
 269-15  entitled to a preference in employment with or appointment to a
 269-16  public entity or for a public work of this state over other
 269-17  applicants for the same position who do not have a greater
 269-18  qualification.
 269-19        (b)  An individual who has an established service-connected
 269-20  disability and is entitled to a veteran's employment preference is
 269-21  entitled to preference for employment or appointment in a position
 269-22  for which a competitive examination is not held over all other
 269-23  applicants for the same position without a service-connected
 269-24  disability and who do not have a greater qualification.
 269-25        (c)  If a public entity or public work of this state requires
 269-26  a competitive examination under a merit system or civil service
 269-27  plan for selecting or promoting employees, an individual entitled
  270-1  to a veteran's employment preference who otherwise is qualified for
  270-2  that position and who has received at least the minimum required
  270-3  score for the test is entitled to have a service credit of 10
  270-4  points added to the test score.  An individual who has an
  270-5  established service-connected disability is entitled to have a
  270-6  service credit of five additional points added to the individual's
  270-7  test score.
  270-8        (d)  An individual entitled to a veteran's employment
  270-9  preference is not disqualified from holding a position with a
 270-10  public entity or public work of this state because of age or an
 270-11  established service-connected disability if the age or disability
 270-12  does not make the individual incompetent to perform the duties of
 270-13  the position.
 270-14        (e)  This chapter does not apply to:
 270-15              (1)  the position of private secretary or deputy of an
 270-16  official or department; or
 270-17              (2)  a person holding a strictly confidential relation
 270-18  to the appointing or employing officer.  (V.A.C.S. Art. 4413(31),
 270-19  Secs. 1 (part), 3 (part), 6.)
 270-20        Sec. 657.004.  QUOTAS FOR PUBLIC ENTITIES AND PUBLIC WORKS.
 270-21  (a)  An individual whose duty is to appoint or employ individuals
 270-22  for a public entity or public work of this state shall give
 270-23  preference in hiring to individuals entitled to a veteran's
 270-24  employment preference so that at least 40 percent of the employees
 270-25  of the public entity or public work are selected from individuals
 270-26  given that preference.  A public entity or public work that does
 270-27  not have 40 percent of its employees who are entitled to the
  271-1  preference shall, in filling vacancies, give preferences to
  271-2  individuals entitled to a veteran's employment preference until it
  271-3  has reached the 40 percent quota.
  271-4        (b)  In reaching the 40 percent quota, a public entity or
  271-5  public work shall, when possible, give 10 percent of the
  271-6  preferences granted under this chapter to qualified veterans
  271-7  discharged from the armed services of the United States within the
  271-8  preceding 18 months.
  271-9        (c)  A public entity or public work that meets the percentage
 271-10  quota in this section is exempt from the requirements of Section
 271-11  657.005.  (V.A.C.S. Art. 4413(31), Secs. 2, 4 (part).)
 271-12        Sec. 657.005.  EMPLOYMENT INVESTIGATION.  (a)  The individual
 271-13  whose duty is to appoint or employ an applicant for a position with
 271-14  a public entity or public work of this state or an officer or the
 271-15  chief administrator of the entity or work who receives an
 271-16  application for appointment or employment by an individual entitled
 271-17  to a veteran's employment preference, before appointing or
 271-18  employing any individual, shall investigate the qualifications of
 271-19  the applicant for the position.  If the applicant is of good moral
 271-20  character and can perform the duties of the position, the officer,
 271-21  chief executive, or individual whose duty is to appoint or employ
 271-22  shall appoint or employ the applicant for the position.
 271-23        (b)  An applicant with an established service-connected
 271-24  disability shall furnish the official records to the individual
 271-25  whose duty is to fill the position.  (V.A.C.S. Art. 4413(31),
 271-26  Secs. 3 (part), 4 (part).)
 271-27        Sec. 657.006.  FEDERAL LAW AND GRANTS.  To the extent that
  272-1  this chapter conflicts with federal law or a limitation provided by
  272-2  a federal grant to a public entity, this chapter shall be construed
  272-3  to operate in harmony with the federal law or limitation of the
  272-4  federal grant.  (V.A.C.S. Art. 4413(31), Sec. 5.)
  272-5                     CHAPTER 658.  HOURS OF LABOR
  272-6  Sec. 658.001.  DEFINITIONS
  272-7  Sec. 658.002.  WORK HOURS REQUIRED FOR SALARIED EMPLOYEES
  272-8  Sec. 658.003.  VOLUNTARY WORK REDUCTION PROGRAM
  272-9  Sec. 658.004.  NOTICE OF WORK REDUCTION PROGRAM
 272-10  Sec. 658.005.  REGULAR OFFICE HOURS FOR STATE EMPLOYEES
 272-11  Sec. 658.006.  STAGGERED WORKING HOURS; CAPITOL AREA IN
 272-12                   AUSTIN
 272-13  Sec. 658.007.  WORKING HOURS FOR EMPLOYEES OF INSTITUTIONS OF
 272-14                   HIGHER EDUCATION
 272-15                     CHAPTER 658.  HOURS OF LABOR
 272-16        Sec. 658.001.  DEFINITIONS.  In this chapter:
 272-17              (1)  "Full-time state employee" means a person employed
 272-18  by a state agency who, if not participating in a voluntary work
 272-19  reduction program under Section 658.003, is required to work for
 272-20  the agency not less than 40 hours a week.
 272-21              (2)  "State agency" means:
 272-22                    (A)  a board, commission, department,
 272-23  institution, office, or other agency in the executive branch of
 272-24  state government that is created by the constitution or a statute
 272-25  of this state; or
 272-26                    (B)  the Supreme Court of Texas, the Texas Court
 272-27  of Criminal Appeals, a court of appeals, or other agency in the
  273-1  judicial branch.  (V.A.C.S. Art. 5165a, Sec. 1.)
  273-2        Sec. 658.002.  WORK HOURS REQUIRED FOR SALARIED EMPLOYEES.
  273-3  (a)  A state employee paid a full-time salary  shall work not less
  273-4  than 40 hours a week.
  273-5        (b)  The chief administrator of a state agency that must
  273-6  maintain certain services 24 hours a day may require essential
  273-7  employees who perform those services to be on duty for a workweek
  273-8  that exceeds 40 hours in necessary or emergency situations.
  273-9        (c)  This section does not apply to a houseparent who is
 273-10  employed by and lives at a Texas Youth Commission facility.
 273-11  (V.A.C.S. Art. 5165a, Sec. 2.)
 273-12        Sec. 658.003.  VOLUNTARY WORK REDUCTION PROGRAM.  (a)  To
 273-13  increase state efficiency while reducing the cost of state
 273-14  government, a state agency may create a work reduction program in
 273-15  which a full-time state employee of the agency agrees to accept
 273-16  reduced wages and benefits for a proportionate reduction in work
 273-17  hours.
 273-18        (b)  Employee participation in a work reduction program
 273-19  created under this section is voluntary.
 273-20        (c)  An employee who elects to participate in a work
 273-21  reduction program must agree to participate in the program for at
 273-22  least six calendar months.  The agreement must be in writing and
 273-23  signed by the employee.
 273-24        (d)  A temporary or exempt employee is not eligible to
 273-25  participate in the program.  (V.A.C.S. Art. 5165a, Sec. 2A.)
 273-26        Sec. 658.004.  NOTICE OF WORK REDUCTION PROGRAM.  (a)  The
 273-27  chief administrator of a state agency that has created a work
  274-1  reduction program under Section 658.003 shall place notice of the
  274-2  program's availability in common areas of the agency.
  274-3        (b)  The chief administrator of a state agency may not
  274-4  discuss, initiate discussion of, or orally inform an employee of
  274-5  the work reduction program unless the employee first approaches the
  274-6  chief administrator about the availability of the program.
  274-7  (V.A.C.S. Art. 5165a, Sec. 2B.)
  274-8        Sec. 658.005.  REGULAR OFFICE HOURS FOR STATE EMPLOYEES.
  274-9  (a)  Normal office hours of a state agency are from 8 a.m. to
 274-10  5 p.m., Monday through Friday.  These hours are the regular working
 274-11  hours for a full-time state employee.
 274-12        (b)  If a chief administrator of a state agency considers it
 274-13  necessary or advisable, offices also may be kept open during other
 274-14  hours and on other days, and the time worked counts toward the 40
 274-15  hours a week that are required under Section 658.002.
 274-16        (c)  The chief administrator of a state agency may make
 274-17  exceptions to the minimum length of the workweek established by
 274-18  this chapter to take care of any emergency or public necessity that
 274-19  the chief administrator finds to exist.
 274-20        (d)  This section does not apply to an employee paid by the
 274-21  hour.  (V.A.C.S. Art. 5165a, Sec. 2C (part).)
 274-22        Sec. 658.006.  STAGGERED WORKING HOURS; CAPITOL AREA IN
 274-23  AUSTIN.  Normal working hours for employees of a state agency in
 274-24  the Capitol area in Austin may be staggered as authorized by the
 274-25  General Appropriations Act for traffic regulation or public safety.
 274-26  (V.A.C.S. Art. 5165a, Sec. 2C (part).)
 274-27        Sec. 658.007.  WORKING HOURS FOR EMPLOYEES OF INSTITUTIONS OF
  275-1  HIGHER EDUCATION.  (a)  The governing board of an institution of
  275-2  higher education or a university system, as those terms are defined
  275-3  in Section 61.003, Education Code, may make exceptions to the
  275-4  minimum length of the workweek and the maximum length of a workday
  275-5  established by this chapter to achieve and maintain operational
  275-6  efficiency at the institution of higher education, university
  275-7  system, or an office, department, or division of either.
  275-8        (b)  A full-time salaried employee may not be authorized
  275-9  under this section to work less than 40 hours in a calendar week.
 275-10  (V.A.C.S. Art. 5165a, Sec. 2D.)
 275-11                      CHAPTER 659.  COMPENSATION
 275-12                   SUBCHAPTER A.  GENERAL PROVISIONS
 275-13  Sec. 659.001.  EQUAL WORK, EQUAL PAY
 275-14  Sec. 659.002.  DEDUCTIONS
 275-15         (Sections 659.003 to 659.010 reserved for expansion)
 275-16                     SUBCHAPTER B.  SALARY AMOUNTS
 275-17  Sec. 659.011.  SALARIES SET IN APPROPRIATIONS ACT
 275-18  Sec. 659.012.  JUDICIAL SALARIES
 275-19  Sec. 659.013.  STATUTORY SALARIES SUSPENDED
 275-20  Sec. 659.014.  SUSPENDED LAWS CONTINUED IN EFFECT
 275-21         (Sections 659.015 to 659.030 reserved for expansion)
 275-22                 SUBCHAPTER C.  COMPENSATORY PER DIEM
 275-23  Sec. 659.031.  DEFINITION
 275-24  Sec. 659.032.  PER DIEM ENTITLEMENT
 275-25  Sec. 659.033.  STATUTORY PER DIEM SUSPENDED
 275-26         (Sections 659.034 to 659.040 reserved for expansion)
 275-27                     SUBCHAPTER D.  LONGEVITY PAY
  276-1  Sec. 659.041.  DEFINITIONS
  276-2  Sec. 659.042.  EXCLUSIONS
  276-3  Sec. 659.043.  ENTITLEMENT
  276-4  Sec. 659.044.  AMOUNT
  276-5  Sec. 659.045.  CHANGE IN STATUS
  276-6  Sec. 659.046.  ACCRUAL OF LIFETIME SERVICE CREDIT
  276-7  Sec. 659.047.  COMPTROLLER RULES
  276-8         (Sections 659.048 to 659.060 reserved for expansion)
  276-9          SUBCHAPTER E.  ADDITIONAL COMPENSATION AND EXPENSES
 276-10  Sec. 659.061.  EXPENSES OF EMPLOYEES INJURED OR KILLED WHILE
 276-11                   ON DUTY
 276-12  Sec. 659.062.  HAZARDOUS DUTY PAY
 276-13         (Sections 659.063 to 659.080 reserved for expansion)
 276-14            SUBCHAPTER F.  METHOD AND FREQUENCY OF PAYMENT
 276-15  Sec. 659.081.  PAYMENT ONCE A MONTH
 276-16  Sec. 659.082.  PAYMENT TWICE A MONTH
 276-17  Sec. 659.083.  PAYDAY
 276-18  Sec. 659.084.  ELECTRONIC FUNDS TRANSFER
 276-19                      CHAPTER 659.  COMPENSATION
 276-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 276-21        Sec. 659.001.  EQUAL WORK, EQUAL PAY.  A woman who performs
 276-22  public service for this state is entitled to be paid the same
 276-23  compensation for her service as is paid to a man who performs the
 276-24  same kind, grade, and quantity of service, and a distinction in
 276-25  compensation may not be made because of sex.  (V.A.C.S. Art. 6825.)
 276-26        Sec. 659.002.  DEDUCTIONS.  (a)  A state agency may not make
 276-27  a deduction from the compensation paid to an officer or employee
  277-1  whose compensation is paid in full or in part from state funds
  277-2  unless the deduction is authorized by law.
  277-3        (b)  In this section, "state agency" means:
  277-4              (1)  a board, commission, department, office, or other
  277-5  agency that is in the executive branch of state government and that
  277-6  was created by the constitution or a statute of this state,
  277-7  including an institution of higher education as defined by Section
  277-8  61.003, Education Code;
  277-9              (2)  the legislature or a legislative agency; or
 277-10              (3)  the supreme court, the court of criminal appeals,
 277-11  a court of appeals, the state bar, or another state judicial
 277-12  agency.  (V.A.C.S. Art. 6813e.)
 277-13         (Sections 659.003 to 659.010 reserved for expansion)
 277-14                     SUBCHAPTER B.  SALARY AMOUNTS
 277-15        Sec. 659.011.  SALARIES SET IN APPROPRIATIONS ACT.  The
 277-16  salaries of all state officers and employees are in the amounts
 277-17  provided by the biennial appropriations act.  (V.A.C.S. Arts.
 277-18  6813b, Sec. 1 (part), 6822 (part).)
 277-19        Sec. 659.012.  JUDICIAL SALARIES.  (a)  A justice of a court
 277-20  of appeals other than the chief justice is entitled to an annual
 277-21  salary from the state that is five percent less than the salary
 277-22  provided by the General Appropriations Act for a justice of the
 277-23  supreme court.  The combined salary of a justice of the court of
 277-24  appeals other than the chief justice from all state and county
 277-25  sources may not exceed the amount that is $1,000 less than the
 277-26  salary provided for a justice of the supreme court.
 277-27        (b)  The chief justice of a court of appeals is entitled to
  278-1  an annual salary from the state that is $500 more than the salary
  278-2  provided for the other justices of the court of appeals.  The
  278-3  combined salary of the chief justice of a court of appeals may not
  278-4  exceed the amount that is $500 less than the salary provided for a
  278-5  justice of the supreme court.
  278-6        (c)  A judge of a district court is entitled to an annual
  278-7  salary from the state that is 10 percent less than the salary
  278-8  provided in the General Appropriations Act for a justice of the
  278-9  supreme court.  Unless otherwise provided by law, the combined
 278-10  salary of a district judge from state and county sources may not
 278-11  exceed the amount that is $2,000 less than the salary provided for
 278-12  a justice of the supreme court.  To the extent of any conflict, the
 278-13  salary differential provided by this section for the combined
 278-14  salary of a district judge prevails over any differential set by
 278-15  Chapter 32.
 278-16        (d)  For the purpose of salary payments by the state, the
 278-17  comptroller shall determine from sworn statements filed by the
 278-18  justices of the courts of appeals and district judges that the
 278-19  required salary differentials provided by this section are
 278-20  maintained.  If a salary combined with a county supplement would be
 278-21  in excess of the differential provided by this section, the
 278-22  comptroller shall reduce the state salary by the amount of the
 278-23  excess.  (V.A.C.S. Art. 6813b, Sec. 3.)
 278-24        Sec. 659.013.  STATUTORY SALARIES SUSPENDED.  (a)  Except as
 278-25  provided by this section, a law setting the salary of a state
 278-26  officer or employee is suspended to the extent that the law
 278-27  conflicts with this subchapter.
  279-1        (b)  The suspension does not apply to:
  279-2              (1)  a law specifying or regulating the salary or
  279-3  compensation of an officer or employee for whom the biennial
  279-4  appropriations act does not specify or regulate the salary or
  279-5  compensation; and
  279-6              (2)  Chapter 654.  (V.A.C.S. Arts. 6813b, Secs. 1
  279-7  (part), 2 (part); 6822 (part).)
  279-8        Sec. 659.014.  SUSPENDED LAWS CONTINUED IN EFFECT.  Those
  279-9  laws suspended by the operation of Section 659.013 are continued in
 279-10  effect, although suspended, as those laws existed September 1,
 279-11  1993, including:
 279-12              (1)  Article 6813, Revised Statutes (setting annual
 279-13  salaries for named officers and employees);
 279-14              (2)  Chapter 277, Acts of the 40th Legislature, Regular
 279-15  Session, 1927 (Article 6813a, Vernon's Texas Civil Statutes)
 279-16  (setting and regulating the salary of members of the Railroad
 279-17  Commission of Texas); and
 279-18              (3)  Article 6824, Revised Statutes (prohibiting an
 279-19  increase or decrease of salary during an officer's term of office).
 279-20  (New.)
 279-21         (Sections 659.015 to 659.030 reserved for expansion)
 279-22                 SUBCHAPTER C.  COMPENSATORY PER DIEM
 279-23        Sec. 659.031.  DEFINITION.  In this subchapter, "state board"
 279-24  means a board, commission, committee, council, or similar agency in
 279-25  the executive or judicial branch of state government that is
 279-26  composed of two or more members.  (V.A.C.S. Art. 6813f, Sec. 1.)
 279-27        Sec. 659.032.  PER DIEM ENTITLEMENT.  (a)  A member of a
  280-1  state board is entitled to a per diem in an amount set by the
  280-2  General Appropriations Act for the member's service on the board.
  280-3        (b)  This section does not apply to a member of the
  280-4  legislature who serves on a board by virtue of the member's office
  280-5  as a legislator.  (V.A.C.S. Art. 6813f, Sec. 2.)
  280-6        Sec. 659.033.  STATUTORY PER DIEM SUSPENDED.  (a)  A law
  280-7  setting the amount of per diem for members of a state board is
  280-8  suspended to the extent of conflict with this subchapter.
  280-9        (b)  The law setting the amount of per diem for a member of a
 280-10  state board is not suspended if the General Appropriations Act does
 280-11  not set the amount of per diem to which the member is entitled.
 280-12        (c)  A law setting a limit on the number of days for which a
 280-13  state board member is entitled to a per diem is not suspended by
 280-14  this subchapter.  (V.A.C.S. Art. 6813f, Sec. 3.)
 280-15         (Sections 659.034 to 659.040 reserved for expansion)
 280-16                     SUBCHAPTER D.  LONGEVITY PAY
 280-17        Sec. 659.041.  DEFINITIONS.  In this subchapter:
 280-18              (1)  "Full-time state employee" means:
 280-19                    (A)  a state employee who works in the executive
 280-20  or judicial branch of state government and who is normally
 280-21  scheduled to work at least 40 hours a week in one position; or
 280-22                    (B)  a state employee who works in the
 280-23  legislative branch of state government and who is normally
 280-24  scheduled to work a total of 40 or more hours a week in all
 280-25  positions held in the legislative branch.
 280-26              (2)  "Part-time state employee" means a state employee
 280-27  who is not a full-time state employee.
  281-1              (3)  "State employee" means an individual who:
  281-2                    (A)  is covered by Chapter 654;
  281-3                    (B)  holds a line item or exempt position;
  281-4                    (C)  works in a nonacademic position at a state
  281-5  institution of higher education at least 20 hours a week for at
  281-6  least 4.5 consecutive months; or
  281-7                    (D)  is an hourly employee of the state.
  281-8  (V.A.C.S. Art. 6813d-1, Secs. 1(1), (2), (3), (4).)
  281-9        Sec. 659.042.  EXCLUSIONS.  The following are not entitled to
 281-10  longevity pay under this subchapter:
 281-11              (1)  a member of the legislature;
 281-12              (2)  an individual who holds a statewide office that is
 281-13  normally filled by vote of the people;
 281-14              (3)  an independent contractor or an employee of an
 281-15  independent contractor;
 281-16              (4)  a temporary employee;
 281-17              (5)  an officer or employee of a public junior college;
 281-18  or
 281-19              (6)  an academic employee of a state institution of
 281-20  higher education.  (V.A.C.S. Art. 6813d-1, Sec. 1(5).)
 281-21        Sec. 659.043.  ENTITLEMENT.  A state employee is entitled to
 281-22  longevity pay to be included in the employee's monthly compensation
 281-23  if the employee:
 281-24              (1)  is a full-time state employee on the first workday
 281-25  of the month;
 281-26              (2)  is not on leave without pay on the first workday
 281-27  of the month; and
  282-1              (3)  has accrued at least five years of lifetime
  282-2  service credit not later than the last day of the preceding month.
  282-3  (V.A.C.S. Art. 6813d-1, Sec. 2.)
  282-4        Sec. 659.044.  AMOUNT.  (a)  The monthly amount of longevity
  282-5  pay is $4 for each year of lifetime service credit.
  282-6        (b)  The amount increases when the 10th, 15th, 20th, and 25th
  282-7  years of lifetime service credit are accrued.
  282-8        (c)  An increase is effective beginning with the month
  282-9  following the month in which the 10th, 15th, 20th, and 25th years
 282-10  of lifetime service credit are accrued.
 282-11        (d)  An employee may not receive from the state as longevity
 282-12  pay more than $4 for each year of lifetime service credit,
 282-13  regardless of the number of positions the employee holds or the
 282-14  number of hours the employee works each week.  (V.A.C.S. Art.
 282-15  6813d-1, Sec. 3.)
 282-16        Sec. 659.045.  CHANGE IN STATUS.  If a state employee ceases
 282-17  being a full-time state employee after the first workday of a month
 282-18  but otherwise qualifies for longevity pay, the employee's
 282-19  compensation for the month includes full longevity pay.  (V.A.C.S.
 282-20  Art. 6813d-1, Sec. 4.)
 282-21        Sec. 659.046.  ACCRUAL OF LIFETIME SERVICE CREDIT.  (a)  An
 282-22  employee accrues lifetime service credit for the period in which
 282-23  the employee:
 282-24              (1)  serves as a full-time, part-time, or temporary
 282-25  state employee or otherwise serves as an employee of the state;
 282-26              (2)  serves as a member of the legislature;
 282-27              (3)  holds a statewide office that is normally filled
  283-1  by vote of the people; or
  283-2              (4)  serves as an academic employee of a state
  283-3  institution of higher education.
  283-4        (b)  An employee who is on leave without pay for an entire
  283-5  calendar month does not accrue lifetime service credit for the
  283-6  month.  An employee who is on leave without pay for less than an
  283-7  entire calendar month accrues lifetime service credit for the month
  283-8  if the employee otherwise qualifies to accrue credit under
  283-9  Subsection (a).
 283-10        (c)  An employee who simultaneously holds two or more
 283-11  positions that each accrue lifetime service credit accrues credit
 283-12  for only one of the positions.
 283-13        (d)  An employee who begins working on the first workday of a
 283-14  month in a position that accrues lifetime service credit is
 283-15  considered to have begun working on the first day of the month.
 283-16        (e)  An employee does not accrue lifetime service credit for
 283-17  a period in which the employee serves as an officer or employee of
 283-18  a public junior college.  (V.A.C.S. Art. 6813d-1, Sec. 5.)
 283-19        Sec. 659.047.  COMPTROLLER RULES.  The comptroller shall
 283-20  adopt rules to administer this subchapter.  (V.A.C.S. Art. 6813d-1,
 283-21  Sec. 6.)
 283-22         (Sections 659.048 to 659.060 reserved for expansion)
 283-23          SUBCHAPTER E.  ADDITIONAL COMPENSATION AND EXPENSES
 283-24        Sec. 659.061.  EXPENSES OF EMPLOYEES INJURED OR KILLED WHILE
 283-25  ON DUTY.  In addition to other benefits of employment provided by
 283-26  law, a state agency may, to the extent authorized by an
 283-27  appropriation for the purpose, spend appropriated funds to pay for
  284-1  drugs and medical, hospital, laboratory, and funeral expenses of an
  284-2  employee under the jurisdiction and control of the agency:
  284-3              (1)  who is injured or killed while engaged in the
  284-4  performance of a necessary governmental function assigned to the
  284-5  employee; or
  284-6              (2)  whose duties require the employee to be exposed to
  284-7  unavoidable dangers peculiar to the performance of a necessary
  284-8  governmental function.  (V.A.C.S. Art. 6822a.)
  284-9        Sec. 659.062.  HAZARDOUS DUTY PAY.  (a)  An eligible employee
 284-10  is entitled to hazardous duty pay of $7 a month for each year of
 284-11  service as an employee of this state in a position that requires
 284-12  the performance of hazardous duty, not to exceed 30 years of such
 284-13  service.  Except as provided by Subsection (c), this hazardous duty
 284-14  pay is instead of other hazardous duty or longevity pay.
 284-15        (b)  The following employees are eligible for hazardous duty
 284-16  pay under this section:
 284-17              (1)  commissioned law enforcement personnel of the
 284-18  Department of Public Safety;
 284-19              (2)  commissioned law enforcement personnel of the
 284-20  General Services Commission;
 284-21              (3)  a commissioned security officer of the state
 284-22  treasury;
 284-23              (4)  commissioned law enforcement personnel of the
 284-24  Texas Alcoholic Beverage Commission;
 284-25              (5)  a law enforcement officer commissioned by the
 284-26  Parks and Wildlife Commission;
 284-27              (6)  a commissioned peace officer of a state
  285-1  institution of higher education;
  285-2              (7)  commissioned law enforcement personnel of the
  285-3  institutional division of the Texas Department of Criminal Justice;
  285-4              (8)  an employee or official of the Board of Pardons
  285-5  and Paroles or the pardons and paroles division of the Texas
  285-6  Department of Criminal Justice who has routine direct contact with
  285-7  inmates of any penal or correctional institution or with
  285-8  administratively released prisoners subject to the board's
  285-9  jurisdiction; and
 285-10              (9)  an employee certified to the Employees Retirement
 285-11  System of Texas under Section 815.505 as having performed as a law
 285-12  enforcement officer or custodial officer during a fiscal year.
 285-13        (c)  A state employee who has received longevity pay under
 285-14  Subchapter D for service in a position that does not require the
 285-15  performance of hazardous duty and who transfers to a position for
 285-16  which the employee is eligible to receive hazardous duty pay is
 285-17  entitled to continue to receive longevity pay for the years of
 285-18  service to the state performed in the prior position.  The employee
 285-19  is not entitled to additional longevity pay for the period in which
 285-20  the employee receives hazardous duty pay, but that period is
 285-21  included in computing the employee's total years of service as an
 285-22  employee of the state.
 285-23        (d)  A state employee who, after performance in a position
 285-24  that requires the performance of hazardous duty, transfers to a
 285-25  position that does not require the performance of hazardous duty is
 285-26  not entitled to a continuation of the hazardous duty pay earned in
 285-27  the prior position but is entitled to longevity pay for each year
  286-1  of service as an employee of the state, including the years of
  286-2  service in a position for which the employee was entitled to
  286-3  hazardous duty pay.  (V.A.C.S. Art. 6252-20b.)
  286-4         (Sections 659.063 to 659.080 reserved for expansion)
  286-5            SUBCHAPTER F.  METHOD AND FREQUENCY OF PAYMENT
  286-6        Sec. 659.081.  PAYMENT ONCE A MONTH.  Except as provided by
  286-7  this subchapter, annual salaries for state officers and employees
  286-8  shall be paid once a month.  (V.A.C.S. Art. 6826, Sec. 1 (part).)
  286-9        Sec. 659.082.  PAYMENT TWICE A MONTH.  An employee is
 286-10  entitled to be paid employment compensation twice a month if:
 286-11              (1)  the employee is employed by:
 286-12                    (A)  the Texas Department of Mental Health and
 286-13  Mental Retardation;
 286-14                    (B)  the Texas Department of Transportation;
 286-15                    (C)  the Texas Department of Human Services;
 286-16                    (D)  the Texas Employment Commission; or
 286-17                    (E)  any other state agency designated by the
 286-18  comptroller;
 286-19              (2)  the employee holds a classified position under the
 286-20  state's position classification plan;
 286-21              (3)  the employee's position is classified below salary
 286-22  group 12 under the classification salary schedule in the General
 286-23  Appropriations Act;
 286-24              (4)  the employing state agency satisfies the
 286-25  comptroller's requirements relating to the payment of compensation
 286-26  twice a month; and
 286-27              (5)  at least 30 percent of the eligible employees of
  287-1  the agency choose to be paid twice a month.  (V.A.C.S. Art. 6826,
  287-2  Sec. 2.)
  287-3        Sec. 659.083.  PAYDAY.  (a)  Except as provided by Subsection
  287-4  (b), the treasurer may not pay the salary of a state officer or
  287-5  employee before the first working day of the month following the
  287-6  payroll period.
  287-7        (b)  The treasurer shall pay an employee who is paid twice a
  287-8  month under Section 659.082 on:
  287-9              (1)  the first working day of the month following the
 287-10  payroll period that covers the last half of the preceding month;
 287-11  and
 287-12              (2)  the 15th day of the month or the first working day
 287-13  after the 15th for the payroll period that covers the first half of
 287-14  the month.
 287-15        (c)  In this section, "working day" means a day other than
 287-16  Saturday, Sunday, a national holiday, or a state holiday as listed
 287-17  in the General Appropriations Act or Chapter 662.  A day does not
 287-18  cease to be a holiday because a state agency maintains or is
 287-19  required to maintain a minimum working staff on the holiday.
 287-20  (V.A.C.S. Art. 6826, Sec. 3.)
 287-21        Sec. 659.084.  ELECTRONIC FUNDS TRANSFER.  Salaries for state
 287-22  officers and employees paid once a month shall be paid through
 287-23  electronic funds transfer under Section 403.016 unless paid on
 287-24  warrant as permitted under that section.  (V.A.C.S. Art. 6826, Sec.
 287-25  1 (part).)
 287-26                     CHAPTER 660.  TRAVEL EXPENSES
 287-27                   SUBCHAPTER A.  GENERAL PROVISIONS
  288-1  Sec. 660.001.  SHORT TITLE
  288-2  Sec. 660.002.  DEFINITIONS
  288-3  Sec. 660.003.  APPLICABILITY
  288-4  Sec. 660.004.  EXPENSES INCURRED BY OFFICIALS OR EMPLOYEES OF
  288-5                   INSTITUTIONS OF HIGHER EDUCATION
  288-6  Sec. 660.005.  TRAVEL BY PUBLIC CONVEYANCE
  288-7         (Sections 660.006 to 660.020 reserved for expansion)
  288-8               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
  288-9  Sec. 660.021.  RULES
 288-10  Sec. 660.022.  APPROVAL OF RULES BY ATTORNEY GENERAL
 288-11  Sec. 660.023.  FILING OF RULES
 288-12  Sec. 660.024.  ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL
 288-13                   TRAVEL
 288-14  Sec. 660.025.  ADVANCE PAYMENT PROCEDURE
 288-15  Sec. 660.026.  REVOLVING PETTY CASH FUND
 288-16         (Sections 660.027 to 660.040 reserved for expansion)
 288-17                    SUBCHAPTER C.  TRAVEL EXPENSES
 288-18  Sec. 660.041.  TRAVEL EXPENSE FORM
 288-19  Sec. 660.042.  USE OF TRAVEL EXPENSE FORM
 288-20  Sec. 660.043.  AMOUNT OF REIMBURSEMENT OR ADVANCE
 288-21  Sec. 660.044.  RATE OF AND METHOD OF COMPUTING PER DIEM AND
 288-22                   TRANSPORTATION ALLOWANCE
 288-23  Sec. 660.045.  PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE
 288-24  Sec. 660.046.  APPROVAL AND PAYMENT OF CLAIM
 288-25  Sec. 660.047.  PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY
 288-26                   FROM CERTAIN PERSONS
 288-27  Sec. 660.048.  OVERPAYMENT
  289-1  Sec. 660.049.  PROHIBITION APPLICABLE TO TRAVEL COMPENSATION BY
  289-2                   OTHER PERSONS
  289-3  Sec. 660.050.  LOCAL TRANSPORTATION ALLOWANCE
  289-4  Sec. 660.051.  COURTESY CARD
  289-5  Sec. 660.052.  DETERMINATION OF MILEAGE FOR TRAVEL BY PRIVATELY
  289-6                   OWNED CONVEYANCE
  289-7  Sec. 660.053.  DETERMINATION OF MILEAGE FOR TRAVEL BY PERSONAL
  289-8                   CAR
  289-9  Sec. 660.054.  MULTIPLE USE OF SINGLE PRIVATELY OWNED CONVEYANCE
 289-10                   BY STATE EMPLOYEES
 289-11  Sec. 660.055.  MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR
 289-12                     CHAPTER 660.  TRAVEL EXPENSES
 289-13                   SUBCHAPTER A.  GENERAL PROVISIONS
 289-14        Sec. 660.001.  SHORT TITLE.  This chapter may be cited as the
 289-15  Travel Regulations Act.  (V.A.C.S. Art. 6823a, Sec. 1.)
 289-16        Sec. 660.002.  DEFINITIONS.  In this chapter:
 289-17              (1)  "Chief administrator of a state agency" means:
 289-18                    (A)  an elected state official, excluding a
 289-19  member of the legislature;
 289-20                    (B)  an appointed state official, including an
 289-21  official whose appointment is subject to senate confirmation;
 289-22                    (C)  the director of a legislative interim
 289-23  committee or board;
 289-24                    (D)  the chief administrator of a state hospital
 289-25  or special school; and
 289-26                    (E)  the chief administrator of a state
 289-27  institution of higher education.
  290-1              (2)  "Per diem allowance" means a flat daily rate that
  290-2  is paid instead of actual expenses for meals and lodging and is
  290-3  compensation for official travel purposes only.  (V.A.C.S. Art.
  290-4  6823a, Secs. 2 (part), 3.a (part).)
  290-5        Sec. 660.003.  APPLICABILITY.  This chapter applies to:
  290-6              (1)  a state officer;
  290-7              (2)  a chief administrator of a state agency;
  290-8              (3)  a state employee; and
  290-9              (4)  a prospective state employee who incurs expenses
 290-10  when requested to visit a state agency, department, or institution
 290-11  of higher education for an employment interview and evaluation.
 290-12  (V.A.C.S. Art. 6823a, Sec. 2 (part).)
 290-13        Sec. 660.004.  EXPENSES INCURRED BY OFFICIALS OR EMPLOYEES OF
 290-14  INSTITUTIONS OF HIGHER EDUCATION.  (a)  This chapter does not apply
 290-15  to reimbursement for travel expenses:
 290-16              (1)  incurred by an official or employee of the
 290-17  athletic department of an institution of higher education;
 290-18              (2)  to an official or employee of an institution of
 290-19  higher education from a gift or bequest; or
 290-20              (3)  of an official or employee of an institution of
 290-21  higher education if the expenses are paid or reimbursed to the
 290-22  institution under a contract between the institution and the
 290-23  federal government or another contracting agency.
 290-24        (b)  The governing board of each institution of higher
 290-25  education shall adopt necessary rules for the administration and
 290-26  control of travel by an official or employee exempted by this
 290-27  section.  (V.A.C.S. Art. 6823a, Sec. 11.)
  291-1        Sec. 660.005.  TRAVEL BY PUBLIC CONVEYANCE.  This chapter
  291-2  does not prohibit the reimbursement of a claim or a request for an
  291-3  advance payment by a state officer or employee for using a public
  291-4  conveyance.  (V.A.C.S. Art. 6823a, Sec. 10 (part).)
  291-5         (Sections 660.006 to 660.020 reserved for expansion)
  291-6               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
  291-7        Sec. 660.021.  RULES.  The comptroller shall adopt rules to
  291-8  administer the travel regulations of this chapter and of the
  291-9  General Appropriations Act.  (V.A.C.S. Art. 6823a, Sec. 6(a)
 291-10  (part).)
 291-11        Sec. 660.022.  APPROVAL OF RULES BY ATTORNEY GENERAL.  A rule
 291-12  prescribed by the comptroller under this chapter is subject to
 291-13  final approval of the attorney general.  (V.A.C.S. Art. 6823a, Sec.
 291-14  6(a) (part).)
 291-15        Sec. 660.023.  FILING OF RULES.  Official copies of rules,
 291-16  including administrative policies or interpretations of the rules,
 291-17  shall be filed with the secretary of state after approval of the
 291-18  rules by the attorney general.  (V.A.C.S. Art. 6823a, Sec. 6(a)
 291-19  (part).)
 291-20        Sec. 660.024.  ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL
 291-21  TRAVEL.  (a)  Travel related to official state business for which a
 291-22  reimbursement for travel expenses is claimed or for which an
 291-23  advance for travel expenses to be incurred is sought must have the
 291-24  advance written approval of the governor.
 291-25        (b)  Subsection (a) does not apply to travel:
 291-26              (1)  in this state; or
 291-27              (2)  to, in, and from another state, Mexico, or Canada.
  292-1        (c)  The governor may give blanket authority for travel by:
  292-2              (1)  personnel of the International Trade Development
  292-3  Division of the Texas Department of Commerce; and
  292-4              (2)  law enforcement personnel of the Department of
  292-5  Public Safety.  (V.A.C.S. Art. 6823a, Sec. 5.)
  292-6        Sec. 660.025.  ADVANCE PAYMENT PROCEDURE.  (a)  The
  292-7  comptroller by rule shall establish a procedure by which a state
  292-8  officer or employee may receive an advance payment for projected
  292-9  travel expenses for a particular exercise of official duty.
 292-10        (b)  The comptroller shall require a final accounting after
 292-11  actual travel expense has been determined to provide for any
 292-12  necessary reimbursement or adjustment to reconcile an advance and
 292-13  the actual expense incurred.  (V.A.C.S. Art. 6823a, Sec. 6.g.)
 292-14        Sec. 660.026.  REVOLVING PETTY CASH FUND.  (a)  A state
 292-15  agency, board, commission, department, or institution may establish
 292-16  from money in the state treasury or from local funds a revolving
 292-17  petty cash fund to be used only to advance projected travel
 292-18  expenses in accordance with Section 660.025.
 292-19        (b)  The revolving petty cash fund shall be reimbursed by:
 292-20              (1)  warrants drawn and approved by the comptroller
 292-21  from money in the state treasury; or
 292-22              (2)  checks drawn against money held outside the state
 292-23  treasury.  (V.A.C.S. Art. 6823a, Sec. 3.c.)
 292-24         (Sections 660.027 to 660.040 reserved for expansion)
 292-25                    SUBCHAPTER C.  TRAVEL EXPENSES
 292-26        Sec. 660.041.  TRAVEL EXPENSE FORM.  The comptroller shall
 292-27  prescribe the form on which a travel expense is to be submitted.
  293-1  (V.A.C.S. Art. 6823a, Sec. 6(a) (part).)
  293-2        Sec. 660.042.  USE OF TRAVEL EXPENSE FORM.  (a)  A state
  293-3  agency shall use the standard travel expense form prescribed by the
  293-4  comptroller in preparing an expense account for a traveling state
  293-5  employee.
  293-6        (b)  The travel expense form must state:
  293-7              (1)  the point of origin and the point of destination
  293-8  for each trip;
  293-9              (2)  the reimbursable mileage, including intracity
 293-10  mileage, that is traveled or projected between each point;
 293-11              (3)  the time that the employee is away or plans to be
 293-12  away from designated headquarters for which the employee is or will
 293-13  be entitled to travel expenses; and
 293-14              (4)  briefly and clearly the purpose of the trip and
 293-15  the character of official business performed or to be performed.
 293-16  (V.A.C.S. Art. 6823a, Sec. 6.b.)
 293-17        Sec. 660.043.  AMOUNT OF REIMBURSEMENT OR ADVANCE.  A
 293-18  reimbursement or advance from money appropriated by the legislature
 293-19  for travel and other necessary expenses incurred by a state
 293-20  officer, chief administrator of a state agency, or a state employee
 293-21  in the active discharge of the person's duties is in the amount
 293-22  provided by the General Appropriations Act as a per diem or actual
 293-23  expenses as provided by the General Appropriations Act.  (V.A.C.S.
 293-24  Arts. 6813c; 6823a, Sec. 3.a (part).)
 293-25        Sec. 660.044.  RATE OF AND METHOD OF COMPUTING PER DIEM AND
 293-26  TRANSPORTATION ALLOWANCE.  The rate of and method of computing a
 293-27  per diem or transportation allowance are those provided by the
  294-1  General Appropriations Act.  (V.A.C.S. Art. 6823a, Sec. 3.b.)
  294-2        Sec. 660.045.  PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE.
  294-3  (a)  A state employee may not receive a per diem allowance or a
  294-4  partial per diem allowance provided by the General Appropriations
  294-5  Act for time during which the employee is:
  294-6              (1)  at the employee's official designated
  294-7  headquarters;
  294-8              (2)  absent from the employee's place of employment for
  294-9  a reason not connected with the duties of the employee's agency,
 294-10  including absence for a personal reason; or
 294-11              (3)  away from the employee's designated headquarters
 294-12  for less than six consecutive hours.
 294-13        (b)  A state employee who leaves the employee's place of
 294-14  employment for a reason not related to the duties of the employee's
 294-15  agency shall clearly indicate on the required travel expense form
 294-16  the absence and the hour and date of departure from and return to
 294-17  the employee's place of employment.  (V.A.C.S. Art. 6823a, Sec. 9.)
 294-18        Sec. 660.046.  APPROVAL AND PAYMENT OF CLAIM.  (a)  The
 294-19  comptroller shall approve a claim for travel expense.
 294-20        (b)  The comptroller shall issue a warrant for payment of an
 294-21  approved claim for travel expense.  (V.A.C.S. Art. 6823a, Sec. 6(a)
 294-22  (part).)
 294-23        Sec. 660.047.  PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY
 294-24  FROM CERTAIN PERSONS.  (a)  A state officer or employee who is
 294-25  traveling to perform an official duty may not accept money for
 294-26  wages or expenses from a person who is or who may be audited,
 294-27  examined, inspected, or investigated by the state.
  295-1        (b)  A state officer or employee who is traveling to perform
  295-2  an official duty may receive travel expenses only from amounts
  295-3  appropriated by the General Appropriations Act.
  295-4        (c)  The comptroller may not pay the salary of a state
  295-5  employee who violates this section.  (V.A.C.S. Art. 6823a, Sec. 4.)
  295-6        Sec. 660.048.  OVERPAYMENT.  A state officer or employee who
  295-7  receives an overpayment for a travel expense from money
  295-8  appropriated by the General Appropriations Act shall reimburse the
  295-9  state for the overpayment.  (V.A.C.S. Art. 6823a, Sec. 6.f.)
 295-10        Sec. 660.049.  PROHIBITION APPLICABLE TO TRAVEL COMPENSATION
 295-11  BY OTHER PERSONS.  (a)  A state officer or employee may not receive
 295-12  a double travel expense payment.
 295-13        (b)  A state employee who is to be compensated for travel
 295-14  expenses from a person other than a state agency may not seek an
 295-15  advance payment or receive a reimbursement for the travel from
 295-16  money authorized by the General Appropriations Act.  (V.A.C.S. Art.
 295-17  6823a, Sec. 7.)
 295-18        Sec. 660.050.  LOCAL TRANSPORTATION ALLOWANCE.  (a)  A state
 295-19  employee whose duties customarily require travel within the
 295-20  employee's designated headquarters may be paid a local
 295-21  transportation allowance for the travel.
 295-22        (b)  The allowance may not exceed the transportation
 295-23  allowance for use of a privately owned automobile under the General
 295-24  Appropriations Act.
 295-25        (c)  Notwithstanding the General Appropriations Act, a state
 295-26  employee with a physical disability that precludes the personal
 295-27  operation of a privately owned automobile may receive a reasonable
  296-1  local transportation allowance not to exceed the amount to which
  296-2  the employee would be entitled for similar travel outside the
  296-3  employee's designated headquarters.  (V.A.C.S. Art. 6823a, Sec. 8.)
  296-4        Sec. 660.051.  COURTESY CARD.  A state officer or employee
  296-5  may use a courtesy card for travel by air, rail, or bus.  (V.A.C.S.
  296-6  Art. 6823a, Sec. 10 (part).)
  296-7        Sec. 660.052.  DETERMINATION OF MILEAGE FOR TRAVEL BY
  296-8  PRIVATELY OWNED CONVEYANCE.  The comptroller shall determine
  296-9  mileage for the purpose of a reimbursement or advance payment for
 296-10  travel by a privately owned conveyance by:
 296-11              (1)  computing the shortest highway distance between
 296-12  the point of origin and the destination using intermediate points
 296-13  at which official state business is conducted; and
 296-14              (2)  adding other necessary mileage at points at which
 296-15  official state business is conducted.  (V.A.C.S. Art. 6823a, Sec.
 296-16  6.c (part).)
 296-17        Sec. 660.053.  DETERMINATION OF MILEAGE FOR TRAVEL BY
 296-18  PERSONAL CAR.  In determining the amount of a reimbursement or
 296-19  advance payment for travel by privately owned car in the state, the
 296-20  comptroller shall:
 296-21              (1)  compute all distances according to the shortest
 296-22  route between points;
 296-23              (2)  adopt a mileage guide that includes a chart of
 296-24  distances showing the shortest route between points in the state,
 296-25  including any farm-to-market road; and
 296-26              (3)  annually reissue the mileage guide.  (V.A.C.S.
 296-27  Art. 6823a, Sec. 6.c (part).)
  297-1        Sec. 660.054.  MULTIPLE USE OF SINGLE PRIVATELY OWNED
  297-2  CONVEYANCE BY STATE EMPLOYEES.  (a)  If two or more state employees
  297-3  travel in a single privately owned conveyance, only one employee
  297-4  may receive a transportation allowance.
  297-5        (b)  This section does not prohibit each state employee
  297-6  traveling in a privately owned conveyance from receiving a per diem
  297-7  allowance.  (V.A.C.S. Art. 6823a, Sec. 6.d.)
  297-8        Sec. 660.055.  MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR.
  297-9  (a)  If two, three, or four state officers or employees travel in a
 297-10  privately owned car, only one reimbursement or advance payment for
 297-11  the car's mileage may be claimed and allowed.
 297-12        (b)  The comptroller shall consider the travel claims of the
 297-13  officers and employees as multiple claims and may pay only one
 297-14  claim to the extent of mileage claimed.
 297-15        (c)  If more than four employees travel in more than one car,
 297-16  full mileage is allowed for one car for each four employees and for
 297-17  any fraction in excess of a multiple of four employees.
 297-18        (d)  A state officer or employee must obtain the advance
 297-19  approval of the chief administrator of the officer's or employee's
 297-20  state agency if it is not feasible for the officer or employee to
 297-21  travel in the same car.  Approval under this subsection authorizes
 297-22  reimbursement or advance payment for travel by the officer or
 297-23  employee using the officer's or employee's privately owned car.
 297-24        (e)  This section applies only to state officers or employees
 297-25  who:
 297-26              (1)  are employed by the same state agency;
 297-27              (2)  are required to travel on the same official state
  298-1  business;
  298-2              (3)  have the same itinerary; and
  298-3              (4)  travel on the same dates.  (V.A.C.S. Art. 6823a,
  298-4  Sec. 6.e.)
  298-5                          CHAPTER 661.  LEAVE
  298-6             SUBCHAPTER A.  STATE EMPLOYEE SICK LEAVE POOL
  298-7  Sec. 661.001.  DEFINITIONS
  298-8  Sec. 661.002.  SICK LEAVE POOL
  298-9  Sec. 661.003.  CONTRIBUTION TO POOL
 298-10  Sec. 661.004.  USE OF TIME IN POOL
 298-11  Sec. 661.005.  WITHDRAWAL OF TIME FROM POOL
 298-12  Sec. 661.006.  LIMITATION ON WITHDRAWALS
 298-13  Sec. 661.007.  EQUAL TREATMENT
 298-14  Sec. 661.008.  NO ENTITLEMENT TO ESTATE
 298-15         (Sections 661.009 to 661.030 reserved for expansion)
 298-16     SUBCHAPTER B.  PAYMENT FOR VACATION AND SICK LEAVE TO ESTATES
 298-17                      OF DECEASED STATE EMPLOYEES
 298-18  Sec. 661.031.  DEFINITIONS
 298-19  Sec. 661.032.  APPLICABILITY OF SUBCHAPTER
 298-20  Sec. 661.033.  PAYMENT FOR VACATION AND SICK LEAVE
 298-21  Sec. 661.034.  COMPUTATION OF PAYMENT
 298-22  Sec. 661.035.  COMPUTATION OF TOTAL ACCUMULATED LEAVE;
 298-23                   HOLIDAY TIME
 298-24  Sec. 661.036.  PAYMENT CHARGED TO CERTAIN FISCAL YEAR
 298-25  Sec. 661.037.  PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES
 298-26         (Sections 661.038 to 661.060 reserved for expansion)
 298-27    SUBCHAPTER C.  PAYMENT FOR VACATION TIME TO STATE EMPLOYEES WHO
  299-1                    SEPARATE FROM STATE EMPLOYMENT
  299-2  Sec. 661.061.  DEFINITIONS
  299-3  Sec. 661.062.  ENTITLEMENT TO PAYMENT FOR VACATION TIME
  299-4  Sec. 661.063.  COMPUTATION OF PAYMENT
  299-5  Sec. 661.064.  COMPUTATION OF TOTAL ACCUMULATED LEAVE;
  299-6                   HOLIDAY TIME
  299-7  Sec. 661.065.  LUMP-SUM PAYMENT
  299-8  Sec. 661.066.  PAYMENT CHARGED TO CERTAIN FISCAL YEAR
  299-9  Sec. 661.067.  AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON
 299-10                   AGENCY PAYROLL
 299-11         (Sections 661.068 to 661.090 reserved for expansion)
 299-12       SUBCHAPTER D.  PAYMENTS FOR VACATION TIME TO CONTRIBUTING
 299-13           MEMBERS OF EMPLOYEES RETIREMENT SYSTEM WHO RETIRE
 299-14  Sec. 661.091.  PAYMENT FOR VACATION TIME ON RETIREMENT
 299-15  Sec. 661.092.  COMPUTATION OF PAYMENT
 299-16  Sec. 661.093.  CONFLICT WITH OTHER SUBCHAPTER
 299-17         (Sections 661.094 to 661.120 reserved for expansion)
 299-18      SUBCHAPTER E.  VACATION FOR HOURLY OR DAILY STATE EMPLOYEE
 299-19  Sec. 661.121.  VACATION FOR HOURLY OR DAILY EMPLOYEE
 299-20                          CHAPTER 661.  LEAVE
 299-21             SUBCHAPTER A.  STATE EMPLOYEE SICK LEAVE POOL
 299-22        Sec. 661.001.  DEFINITIONS.  In this subchapter:
 299-23              (1)  "Employee" means an individual, other than a state
 299-24  officer, employed by a state agency.
 299-25              (2)  "Executive director" means the individual
 299-26  appointed by the governing body of a state agency as chief
 299-27  administrative officer of the agency and includes the chancellor or
  300-1  highest executive officer of a university system and the president
  300-2  of a public senior college or university as defined by Section
  300-3  61.003, Education Code.
  300-4              (3)  "Pool administrator" means the individual
  300-5  appointed by the governing body of a state agency to administer the
  300-6  agency's sick leave pool.
  300-7              (4)  "State agency" means:
  300-8                    (A)  a board, commission, department, or other
  300-9  agency in the executive branch of state government created by the
 300-10  constitution or a statute of the state;
 300-11                    (B)  an institution of higher education as
 300-12  defined by Section 61.003, Education Code;
 300-13                    (C)  a river authority;
 300-14                    (D)  a legislative agency, but not either house
 300-15  or a member of the legislature; or
 300-16                    (E)  the supreme court, the court of criminal
 300-17  appeals, a court of appeals, or a state judicial agency.
 300-18              (5)  "State officer" means an elected or appointed
 300-19  officer of a state agency or an executive director.  (V.A.C.S. Art.
 300-20  6252-8e, Sec. 1.)
 300-21        Sec. 661.002.  SICK LEAVE POOL.  (a)  The governing body of a
 300-22  state agency shall, through the establishment of a program, allow
 300-23  an agency employee to voluntarily transfer to a sick leave pool
 300-24  sick leave earned by the employee.
 300-25        (b)  The executive director of the agency or another
 300-26  individual appointed by the governing body shall administer the
 300-27  sick leave pool.
  301-1        (c)  The governing body of the state agency shall adopt rules
  301-2  and prescribe procedures relating to the operation of the agency
  301-3  sick leave pool.  (V.A.C.S. Art. 6252-8e, Secs. 3(a), (b).)
  301-4        Sec. 661.003.  CONTRIBUTION TO POOL.  (a)  To contribute to
  301-5  the sick leave pool, an employee must apply to the pool
  301-6  administrator in the manner prescribed by the governing body of the
  301-7  state agency.
  301-8        (b)  On approval by the pool administrator, an employee may
  301-9  contribute in a fiscal year at least one but not more than three
 301-10  days of the employee's accrued sick leave.
 301-11        (c)  The pool administrator shall credit the sick leave pool
 301-12  with the amount of time contributed by an employee and deduct a
 301-13  corresponding amount of time from the  employee's earned sick leave
 301-14  as if the employee had used the time for personal purposes.
 301-15  (V.A.C.S. Art. 6252-8e, Sec. 5.)
 301-16        Sec. 661.004.  USE OF TIME IN POOL.  (a)  An employee is
 301-17  eligible to use time contributed to the sick leave pool of the
 301-18  agency if the employee has exhausted the employee's sick leave
 301-19  because of:
 301-20              (1)  a catastrophic illness or injury; or
 301-21              (2)  a previous donation of time to the pool.
 301-22        (b)  The trustee of the state employee uniform group
 301-23  insurance benefits program established under the Texas Employees
 301-24  Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
 301-25  Texas Insurance Code), shall:
 301-26              (1)  classify, for the purposes of this subchapter,
 301-27  those injuries and illnesses that are catastrophic; and
  302-1              (2)  provide a written statement of the classification
  302-2  to the governing body of each state agency.  (V.A.C.S. Art.
  302-3  6252-8e, Secs. 2(b), 3(c), 4.)
  302-4        Sec. 661.005.  WITHDRAWAL OF TIME FROM POOL.  (a)  An
  302-5  employee may apply to the pool administrator for permission to
  302-6  withdraw time from the sick leave pool.
  302-7        (b)  If the pool administrator determines that the employee
  302-8  is eligible, the administrator shall:
  302-9              (1)  approve the transfer of time from the pool to the
 302-10  employee; and
 302-11              (2)  credit the time to the employee.  (V.A.C.S. Art.
 302-12  6252-8e, Sec. 6(a) (part).)
 302-13        Sec. 661.006.  LIMITATION ON WITHDRAWALS.  (a)  An employee
 302-14  may not withdraw time from the sick leave pool in an amount that
 302-15  exceeds the lesser of:
 302-16              (1)  one-third of the total time in the pool; or
 302-17              (2)  90 days.
 302-18        (b)  The pool administrator shall determine the amount of
 302-19  time that an employee may withdraw from the pool.  (V.A.C.S. Art.
 302-20  6252-8e, Sec. 6(b).)
 302-21        Sec. 661.007.  EQUAL TREATMENT.  An employee absent on time
 302-22  withdrawn from the sick leave pool may use the time as sick leave
 302-23  earned by the employee, and the employee is treated for all
 302-24  purposes as if the employee were absent on earned sick leave.
 302-25  (V.A.C.S. Art. 6252-8e, Secs. 6(a) (part), 7.)
 302-26        Sec. 661.008.  NO ENTITLEMENT TO ESTATE.  The estate of a
 302-27  deceased employee is not entitled to payment for unused time
  303-1  withdrawn by the employee from the sick leave pool.  (V.A.C.S. Art.
  303-2  6252-8e, Sec. 8.)
  303-3         (Sections 661.009 to 661.030 reserved for expansion)
  303-4     SUBCHAPTER B.  PAYMENT FOR VACATION AND SICK LEAVE TO ESTATES
  303-5                      OF DECEASED STATE EMPLOYEES
  303-6        Sec. 661.031.  DEFINITIONS.  In this subchapter:
  303-7              (1)  "National holiday" includes only those days listed
  303-8  under Section 662.003(a).
  303-9              (2)  "State employee" means an individual who is an
 303-10  appointed officer or employee of a state agency and who normally
 303-11  works 900 hours or more a year.  The term includes:
 303-12                    (A)  an hourly employee;
 303-13                    (B)  a temporary employee;
 303-14                    (C)  a person employed by:
 303-15                          (i)  the Teacher Retirement System;
 303-16                          (ii)  the Central Education Agency;
 303-17                          (iii)  the Texas Higher Education
 303-18  Coordinating Board;
 303-19                          (iv)  the Texas National Research
 303-20  Laboratory Commission;
 303-21                          (v)  the Texas School for the Blind and
 303-22  Visually Impaired;
 303-23                          (vi)  the Texas School for the Deaf;
 303-24                          (vii)  the Texas Youth Commission;
 303-25                          (viii)  the Windham School District of the
 303-26  Texas Department of Criminal Justice; or
 303-27                          (ix)  the Texas Rehabilitation Commission;
  304-1  and
  304-2                    (D)  a classified, administrative, faculty, or
  304-3  professional employee of a state institution or agency of higher
  304-4  education who has accumulated vacation leave, sick leave, or both,
  304-5  during the employment.
  304-6              (3)  "State holiday" includes only those days listed
  304-7  under Section 662.003(b).
  304-8              (4)  "Workday" includes a state or national holiday.
  304-9  (V.A.C.S. Art. 6252-8a, Secs. 1(a), (c); 2(e).)
 304-10        Sec. 661.032.  APPLICABILITY OF SUBCHAPTER.  (a)  This
 304-11  subchapter applies only to a state employee who, at any time during
 304-12  the employee's lifetime, has accrued six months of continuous state
 304-13  employment.  State employment is continuous while the employee is
 304-14  entitled to be paid a regular salary, except that the continuity of
 304-15  state employment is not interrupted while the employee is on a
 304-16  leave of absence without pay for less than one calendar month.
 304-17        (b)  The estates of the following are not entitled to
 304-18  payments under this subchapter:
 304-19              (1)  an individual employed on a piecework basis;
 304-20              (2)  an individual who holds an office that is normally
 304-21  filled by vote of the people;
 304-22              (3)  an independent contractor or an employee of an
 304-23  independent contractor;
 304-24              (4)  an operator of equipment or a driver of a team
 304-25  whose wages are included in the rental paid by a state agency to
 304-26  the owner of the equipment or team; or
 304-27              (5)  an individual covered by:
  305-1                    (A)  the Judicial Retirement System of Texas Plan
  305-2  One;
  305-3                    (B)  the Judicial Retirement System of Texas Plan
  305-4  Two; or
  305-5                    (C)  the Teacher Retirement System of Texas,
  305-6  other than an individual described by Section 661.031(2)(C).
  305-7  (V.A.C.S. Art. 6252-8a, Secs. 1(b) (part); 3A(a), (b), (c).)
  305-8        Sec. 661.033.  PAYMENT FOR VACATION AND SICK LEAVE.
  305-9  (a)  When a state employee dies, the state shall pay the employee's
 305-10  estate for the balances of the employee's:
 305-11              (1)  vacation leave; and
 305-12              (2)  sick leave.
 305-13        (b)  Payment under this section shall comply with any limits
 305-14  in the General Appropriations Act, except as provided by Subsection
 305-15  (c).
 305-16        (c)  Payment under this section may not be for more than:
 305-17              (1)  all of the state employee's accumulated vacation
 305-18  leave; and
 305-19              (2)  one-half of the state employee's accumulated sick
 305-20  leave.  (V.A.C.S. Art. 6252-8a, Sec. 2(a).)
 305-21        Sec. 661.034.  COMPUTATION OF PAYMENT.  (a)  The payment to
 305-22  the estate of the deceased state employee shall be computed by
 305-23  multiplying the employee's hourly rate of compensation at the time
 305-24  of death by the total number of leave hours determined under
 305-25  Section 661.035.
 305-26        (b)  Under this section, rate of compensation:
 305-27              (1)  includes an emolument in lieu of base pay for
  306-1  which the state employee was eligible on the last day of
  306-2  employment; and
  306-3              (2)  does not include longevity or hazardous duty pay.
  306-4  (V.A.C.S. Art. 6252-8a, Sec. 2(b).)
  306-5        Sec. 661.035.  COMPUTATION OF TOTAL ACCUMULATED LEAVE;
  306-6  HOLIDAY TIME.  (a)  For a state employee who at the time of death
  306-7  is normally scheduled to work at least 40 hours a week, eight hours
  306-8  is to be added to the employee's sick and vacation leave under
  306-9  Section 661.034 for each state or national holiday that is
 306-10  scheduled to fall within the period after the date of death and
 306-11  during which the employee could have used leave.  To determine the
 306-12  period during which leave could have been used and the number of
 306-13  state or national holidays, the employee's leave is allocated over
 306-14  the workdays after the employee's death and eight hours is added as
 306-15  a state or national holiday occurs during the period.
 306-16        (b)  For a state employee who at the time of death is
 306-17  normally scheduled to work fewer than 40 hours a week, the number
 306-18  of hours that is to be added to the employee's accumulated sick and
 306-19  vacation leave for each state or national holiday is computed as
 306-20  provided by Subsection (a), but is to be proportionally reduced
 306-21  according to the lesser number of the employee's normally scheduled
 306-22  weekly work hours.  (V.A.C.S. Art. 6252-8a, Sec. 2(c).)
 306-23        Sec. 661.036.  PAYMENT CHARGED TO CERTAIN FISCAL YEAR.  A
 306-24  state agency shall charge a payment required by Section 661.033 to
 306-25  the fiscal year in which the state employee dies.  (V.A.C.S. Art.
 306-26  6252-8a, Sec. 3 (part).)
 306-27        Sec. 661.037.  PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES.
  307-1  A state agency shall use funds appropriated to the agency for
  307-2  salaries to make a payment required by Section 661.033.  (V.A.C.S.
  307-3  Art. 6252-8a, Sec. 3 (part).)
  307-4         (Sections 661.038 to 661.060 reserved for expansion)
  307-5      SUBCHAPTER C.  PAYMENT FOR VACATION TIME TO STATE EMPLOYEES
  307-6                  WHO SEPARATE FROM STATE EMPLOYMENT
  307-7        Sec. 661.061.  DEFINITIONS.  In this subchapter:
  307-8              (1)  "National holiday" includes only those days listed
  307-9  under Section 662.003(a).
 307-10              (2)  "State employee" means an employee or appointed
 307-11  officer of a state agency.  The term includes:
 307-12                    (A)  a full-time employee or officer;
 307-13                    (B)  a part-time employee or officer;
 307-14                    (C)  an hourly employee;
 307-15                    (D)  a temporary employee;
 307-16                    (E)  a person employed by:
 307-17                          (i)  the Teacher Retirement System;
 307-18                          (ii)  the Central Education Agency;
 307-19                          (iii)  the Texas Higher Education
 307-20  Coordinating Board;
 307-21                          (iv)  the Texas National Research
 307-22  Laboratory Commission;
 307-23                          (v)  the Texas School for the Blind and
 307-24  Visually Impaired;
 307-25                          (vi)  the Texas School for the Deaf;
 307-26                          (vii)  the Texas Youth Commission;
 307-27                          (viii)  the Windham School District of the
  308-1  Texas Department of Criminal Justice; or
  308-2                          (ix)  the Texas Rehabilitation Commission;
  308-3  or
  308-4                    (F)  a classified, administrative, faculty, or
  308-5  professional employee of a state institution or agency of higher
  308-6  education who has accumulated vacation leave during the employment.
  308-7              (3)  "State holiday" includes only those days listed
  308-8  under Section 662.003(b).
  308-9              (4)  "Workday" includes a state or national holiday.
 308-10  (V.A.C.S. Art. 6252-8b, Secs. 1(b) (part), (d) (part).)
 308-11        Sec. 661.062.  ENTITLEMENT TO PAYMENT FOR VACATION TIME.
 308-12  (a)  A state employee who, at any time during the employee's
 308-13  lifetime, has accrued six months of continuous state employment and
 308-14  who for any reason separates from state employment is entitled to
 308-15  be paid for the accrued balance of the employee's vacation time as
 308-16  of the date of separation.
 308-17        (b)  A separation from state employment includes a separation
 308-18  in which the employee:
 308-19              (1)  leaves one state agency to begin working for
 308-20  another state agency, if one or more workdays occur between the two
 308-21  employments;
 308-22              (2)  moves from a position in a state agency that
 308-23  accrues vacation time to a position in that agency that does not
 308-24  accrue vacation time, if the agency agrees to pay the employee for
 308-25  the accrued balance of the employee's vacation time;
 308-26              (3)  moves from a position in a state agency that
 308-27  accrues vacation time to a position in another state agency that
  309-1  does not accrue vacation time, if the other state agency refuses to
  309-2  credit the employee for the balance of the employee's vacation time
  309-3  as of the date of the move; or
  309-4              (4)  holds two or more positions, and separates from
  309-5  one that accrues vacation time.
  309-6        (c)  A separation under Subsection (b)(4) applies only with
  309-7  respect to the position from which the separation occurs.
  309-8        (d)  State employment is continuous for purposes of
  309-9  Subsection (a) while the employee is entitled to be paid a regular
 309-10  state salary, except that continuity of state employment is not
 309-11  interrupted while the employee is on a leave of absence without pay
 309-12  for less than one calendar month.
 309-13        (e)  The following are not entitled to payments under this
 309-14  subchapter:
 309-15              (1)  an individual who holds an office that is normally
 309-16  filled by vote of the people;
 309-17              (2)  an independent contractor or an employee of an
 309-18  independent contractor;
 309-19              (3)  an operator of equipment or a driver of a team
 309-20  whose wages are included in the rental paid by a state agency to
 309-21  the owner of the equipment or team;
 309-22              (4)  an individual employed on a piecework basis; or
 309-23              (5)  an individual covered by:
 309-24                    (A)  the Judicial Retirement System of Texas Plan
 309-25  One;
 309-26                    (B)  the Judicial Retirement System of Texas Plan
 309-27  Two; or
  310-1                    (C)  the Teacher Retirement System of Texas,
  310-2  other than an individual described by Section 661.061(2)(E).
  310-3  (V.A.C.S. Art. 6252-8b, Secs. 1(a), (b) (part), (c), (f), (g)
  310-4  (part).)
  310-5        Sec. 661.063.  COMPUTATION OF PAYMENT.  (a)  The payment to a
  310-6  state employee under this subchapter shall be computed by
  310-7  multiplying the employee's rate of compensation on the date of
  310-8  separation from state employment by the total number of hours of
  310-9  vacation time determined under Section 661.064.
 310-10        (b)  Under this section, rate of compensation:
 310-11              (1)  includes an emolument in lieu of base pay for
 310-12  which the state employee was eligible on the last day of
 310-13  employment; and
 310-14              (2)  does not include longevity or hazardous duty pay.
 310-15  (V.A.C.S. Art. 6252-8b, Sec. 1(d)(2).)
 310-16        Sec. 661.064.  COMPUTATION OF TOTAL ACCUMULATED LEAVE;
 310-17  HOLIDAY TIME.  (a)  For a state employee who on the date of
 310-18  separation is normally scheduled to work at least 40 hours a week,
 310-19  eight hours are to be added to the employee's accrued vacation time
 310-20  for each state or national holiday that is scheduled to fall within
 310-21  the period after the date of separation and during which the
 310-22  employee could have used the time.  To determine the period during
 310-23  which vacation time could have been used and the number of state or
 310-24  national holidays, the employee's vacation time is allocated over
 310-25  the workdays after the employee's separation and eight hours are
 310-26  added as a state or national holiday occurs during the period.
 310-27        (b)  For a state employee who on the date of separation is
  311-1  normally scheduled to work less than 40 hours a week, the number of
  311-2  hours that is to be added to the employee's accrued vacation time
  311-3  for each state or national holiday is computed as provided by
  311-4  Subsection (a), but is to be proportionally reduced according to
  311-5  the lesser number of the employee's normally scheduled weekly work
  311-6  hours.  (V.A.C.S. Art. 6252-8b, Sec. 1(d)(3).)
  311-7        Sec. 661.065.  LUMP-SUM PAYMENT.  A state agency shall make a
  311-8  payment required by this subchapter in a lump sum, except as
  311-9  provided by Section 661.067.  (V.A.C.S. Art. 6252-8b, Sec.
 311-10  1(d)(1).)
 311-11        Sec. 661.066.  PAYMENT CHARGED TO CERTAIN FISCAL YEAR.  A
 311-12  state agency shall charge a lump-sum payment required by this
 311-13  subchapter to the fiscal year in which the state employee's
 311-14  separation from state employment becomes effective.  (V.A.C.S. Art.
 311-15  6252-8b, Sec. 1(h).)
 311-16        Sec. 661.067.  AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON
 311-17  AGENCY PAYROLL.  (a)  A state agency may agree to permit an
 311-18  employee entitled to payment under this subchapter to remain on the
 311-19  agency's payroll to exhaust the employee's accrued vacation time.
 311-20        (b)  A state employee who remains on the payroll of a state
 311-21  agency under this section:
 311-22              (1)  is entitled to continue to receive all
 311-23  compensation and benefits that the state employee was receiving on
 311-24  the employee's last day of duty, including paid holidays, longevity
 311-25  pay, and hazardous duty pay;
 311-26              (2)  is entitled to a general salary increase for state
 311-27  employees that takes effect before the employee's accrued vacation
  312-1  time is exhausted; and
  312-2              (3)  may not use sick leave or accrue sick leave or
  312-3  vacation time.  (V.A.C.S. Art. 6252-8b, Sec. 1(e).)
  312-4         (Sections 661.068 to 661.090 reserved for expansion)
  312-5   SUBCHAPTER D.  PAYMENTS FOR VACATION TIME TO CONTRIBUTING MEMBERS
  312-6               OF EMPLOYEES RETIREMENT SYSTEM WHO RETIRE
  312-7        Sec. 661.091.  PAYMENT FOR VACATION TIME ON RETIREMENT.
  312-8  (a)  A contributing member of the Employees Retirement System of
  312-9  Texas who retires is entitled to be paid in a lump sum, from funds
 312-10  of the agency or department from which the member retires, for the
 312-11  member's accrued vacation time as of the date of retirement.
 312-12        (b)  A payment required by this section is payable on the
 312-13  date of retirement.  (V.A.C.S. Art. 6252-8b, Sec. 1A (part).)
 312-14        Sec. 661.092.  COMPUTATION OF PAYMENT.  A payment required by
 312-15  this subchapter shall be computed as if the member had taken
 312-16  vacation time, using the member's rate of compensation as of the
 312-17  date of retirement.  (V.A.C.S. Art. 6252-8b, Sec. 1A (part).)
 312-18        Sec. 661.093.  CONFLICT WITH OTHER SUBCHAPTER.  Subchapter C
 312-19  of this chapter controls if there is a conflict between Subchapter
 312-20  C and this subchapter.  (V.A.C.S. Art. 6252-8b, Sec. 1A (part).)
 312-21         (Sections 661.094 to 661.120 reserved for expansion)
 312-22      SUBCHAPTER E.  VACATION FOR HOURLY OR DAILY STATE EMPLOYEE
 312-23        Sec. 661.121.  VACATION FOR HOURLY OR DAILY EMPLOYEE.  (a)  A
 312-24  state department, institution, or agency may grant a vacation with
 312-25  full pay to an employee:
 312-26              (1)  whose pay is computed by the hour or by the day;
 312-27  and
  313-1              (2)  who has been continuously employed by the state
  313-2  for six months.
  313-3        (b)  The vacation authorized by this section is for the same
  313-4  time as that granted to employees whose pay is computed monthly.
  313-5  (V.A.C.S. Art. 6252-8.)
  313-6              CHAPTER 662.  HOLIDAYS AND RECOGNITION DAYS
  313-7              SUBCHAPTER A.  HOLIDAYS FOR STATE EMPLOYEES
  313-8  Sec. 662.001.  DEFINITIONS
  313-9  Sec. 662.002.  APPLICABILITY TO EMPLOYEE OF THE HOUSE
 313-10                   OR SENATE
 313-11  Sec. 662.003.  DATES AND DESCRIPTIONS OF HOLIDAYS
 313-12  Sec. 662.004.  MINIMUM NUMBER OF EMPLOYEES NEEDED TO CONDUCT
 313-13                   BUSINESS
 313-14  Sec. 662.005.  ENTITLEMENT TO PAID DAY OFF
 313-15  Sec. 662.006.  OPTIONAL HOLIDAY
 313-16  Sec. 662.007.  COMPENSATORY TIME
 313-17  Sec. 662.008.  PART-TIME STATE EMPLOYEES
 313-18  Sec. 662.009.  EMPLOYEE WORKING OTHER THAN MONDAY THROUGH
 313-19                   FRIDAY
 313-20  Sec. 662.010.  HOLIDAY BEFORE WORK BEGINS OR AFTER
 313-21                   WORK ENDS
 313-22  Sec. 662.011.  HOLIDAYS FOR INSTITUTIONS OF HIGHER
 313-23                   EDUCATION
 313-24         (Sections 662.012 to 662.020 reserved for expansion)
 313-25                     SUBCHAPTER B.  LEGAL HOLIDAYS
 313-26  Sec. 662.021.  DATES OF HOLIDAYS
 313-27  Sec. 662.022.  CLOSURE OF PUBLIC OFFICES
  314-1  Sec. 662.023.  PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST
  314-2                   OF CERTAIN COMMERCIAL PAPER
  314-3         (Sections 662.024 to 662.040 reserved for expansion)
  314-4                    SUBCHAPTER C.  RECOGNITION DAYS
  314-5  Sec. 662.041.  SAM RAYBURN DAY
  314-6  Sec. 662.042.  FORMER PRISONERS OF WAR RECOGNITION DAY
  314-7  Sec. 662.043.  INTERNATIONAL TRADE AWARENESS WEEK
  314-8  Sec. 662.044.  COLUMBUS DAY
  314-9  Sec. 662.045.  FATHER OF TEXAS DAY
 314-10              CHAPTER 662.  HOLIDAYS AND RECOGNITION DAYS
 314-11              SUBCHAPTER A.  HOLIDAYS FOR STATE EMPLOYEES
 314-12        Sec. 662.001.  DEFINITIONS.  In this subchapter:
 314-13              (1)  "Part-time state employee" means a state employee
 314-14  who normally works less than 40 hours each week.
 314-15              (2)  "State agency" means a unit of state government,
 314-16  including a state board, commission, council, department,
 314-17  committee, agency, or office that was created by the constitution
 314-18  or a statute of this state and is in any branch of state
 314-19  government.  The term does not include a local government, a river
 314-20  authority, a special district, any other political subdivision, or
 314-21  an institution of higher education as defined by Section 61.003,
 314-22  Education Code.
 314-23              (3)  "State employee" means an employee of a state
 314-24  agency or an appointed officer whose office is not created by the
 314-25  state constitution.  The term includes a part-time, hourly, or
 314-26  temporary state employee.  (V.A.C.S. Art. 4591.2, Secs. 1 (part), 7
 314-27  (part).)
  315-1        Sec. 662.002.  APPLICABILITY TO EMPLOYEE OF THE HOUSE OR
  315-2  SENATE.  This subchapter applies to a state employee of the house
  315-3  of representatives or the senate only at the discretion of the
  315-4  presiding officer or the administration committee of each
  315-5  respective house.  (V.A.C.S. Art. 4591.2, Sec. 9.)
  315-6        Sec. 662.003.  DATES AND DESCRIPTIONS OF HOLIDAYS.  (a)  A
  315-7  national holiday includes only the following days:
  315-8              (1)  the first day of January, "New Year's Day";
  315-9              (2)  the third Monday in January, "Martin Luther King,
 315-10  Jr., Day" in observance of the birthday of Dr. Martin Luther King,
 315-11  Jr.;
 315-12              (3)  the third Monday in February, "Presidents' Day";
 315-13              (4)  the last Monday in May, "Memorial Day";
 315-14              (5)  the fourth day of July, "Independence Day";
 315-15              (6)  the first Monday in September, "Labor Day";
 315-16              (7)  the 11th day of November, "Veterans Day,"
 315-17  dedicated to the cause of world peace and to honoring the veterans
 315-18  of all wars in which Texans and other Americans have fought;
 315-19              (8)  the fourth Thursday in November, "Thanksgiving
 315-20  Day"; and
 315-21              (9)  the 25th day of December, "Christmas Day."
 315-22        (b)  A state holiday includes only the following days:
 315-23              (1)  the 19th day of January, "Confederate Heroes Day,"
 315-24  in honor of Jefferson Davis, Robert E. Lee, and other Confederate
 315-25  heroes;
 315-26              (2)  the second day of March, "Texas Independence Day";
 315-27              (3)  the 21st day of April, "San Jacinto Day";
  316-1              (4)  the 19th day of June, "Emancipation Day in Texas,"
  316-2  in honor of the emancipation of the slaves in Texas in 1865;
  316-3              (5)  the 27th day of August, "Lyndon Baines Johnson
  316-4  Day," in observance of the birthday of Lyndon Baines Johnson;
  316-5              (6)  every day on which an election is held throughout
  316-6  the state;
  316-7              (7)  the Friday after Thanksgiving Day;
  316-8              (8)  the 24th day of December; and
  316-9              (9)  the 26th day of December.
 316-10        (c)  An "optional holiday" includes only the days on which
 316-11  Rosh Hashanah, Yom Kippur, or Good Friday falls.  (V.A.C.S. Arts.
 316-12  4591 (part); 4591.2, Sec. 1 (part); 4591e.)
 316-13        Sec. 662.004.  MINIMUM NUMBER OF EMPLOYEES NEEDED TO CONDUCT
 316-14  BUSINESS.  (a)  A state agency shall have enough employees on duty
 316-15  during a state holiday to conduct the public business of the
 316-16  agency.
 316-17        (b)  This section does not apply to a state holiday that
 316-18  falls on a Saturday or Sunday, the Friday after Thanksgiving Day,
 316-19  or the 24th or 26th day of December.  (V.A.C.S. Art. 4591.2, Sec.
 316-20  3.)
 316-21        Sec. 662.005.  ENTITLEMENT TO PAID DAY OFF.  (a)  A state
 316-22  employee is entitled to a paid day off from work on each national
 316-23  or state holiday that does not fall on a Saturday or Sunday.
 316-24        (b)  This section does not apply to a holiday that the
 316-25  General Appropriations Act prohibits state agencies from observing.
 316-26  (V.A.C.S. Art. 4591.2, Sec. 2.)
 316-27        Sec. 662.006.  OPTIONAL HOLIDAY.  (a)  A state employee is
  317-1  entitled to a paid day off on each day of an optional holiday that
  317-2  does not fall on a Saturday or Sunday if the employee agrees to
  317-3  give up, during the same fiscal year, a state holiday that does not
  317-4  fall on a Saturday or Sunday.
  317-5        (b)  A state employee is entitled to a paid day off on each
  317-6  day of an optional holiday that extends for more than one day if
  317-7  the employee agrees to give up an equivalent number of state
  317-8  holidays.
  317-9        (c)  A state employee may not agree to give up the Friday
 317-10  after Thanksgiving Day or the 24th or 26th day of December.
 317-11  (V.A.C.S. Art. 4591.2, Sec. 6.)
 317-12        Sec. 662.007.  COMPENSATORY TIME.  (a)  A state employee who
 317-13  is required to work on a national or state holiday that does not
 317-14  fall on a Saturday or Sunday is entitled to compensatory time off
 317-15  during the 12 months after the holiday.
 317-16        (b)  A state employee must give reasonable notice of the
 317-17  employee's intention to use the compensatory time but is not
 317-18  required to say how the compensatory time will be used.  (V.A.C.S.
 317-19  Art. 4591.2, Sec. 4.)
 317-20        Sec. 662.008.  PART-TIME STATE EMPLOYEES.  The pay of a
 317-21  part-time state employee for a paid day off to which the employee
 317-22  is entitled under this subchapter must be proportionally reduced to
 317-23  account for the fewer hours the employee normally works.  (V.A.C.S.
 317-24  Art. 4591.2, Sec. 7 (part).)
 317-25        Sec. 662.009.  EMPLOYEE WORKING OTHER THAN MONDAY THROUGH
 317-26  FRIDAY.  (a)  A state employee who normally works 40 hours a week
 317-27  on a schedule other than Monday through Friday is entitled to paid
  318-1  holiday time off during the fiscal year equal to eight hours
  318-2  multiplied by the number of national and state holidays in the
  318-3  fiscal year as determined under Section 662.005.
  318-4        (b)  A state employee to whom Subsection (a) applies who
  318-5  works less than the entire fiscal year is entitled to paid holiday
  318-6  time off during the fiscal year equal to eight hours multiplied by
  318-7  the number of national and state holidays that occur during the
  318-8  period worked by the employee under Section 662.005.
  318-9        (c)  The paid holiday time off of a part-time state employee
 318-10  who works on a schedule other than Monday through Friday must be
 318-11  proportionally reduced to account for the fewer hours the employee
 318-12  normally works.  (V.A.C.S. Art. 4591.2, Secs. 5, 7 (part).)
 318-13        Sec. 662.010.  HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
 318-14  (a)  A state employee who begins working for a state agency on the
 318-15  first workday of a month is entitled to be paid for a state or
 318-16  national holiday that occurs before the first workday if the
 318-17  holiday:
 318-18              (1)  occurs during the month; and
 318-19              (2)  does not fall on a Saturday or Sunday.
 318-20        (b)  A state employee who stops working for a state agency on
 318-21  the last workday of a month is entitled to be paid for a state or
 318-22  national holiday that occurs after the last workday if the holiday:
 318-23              (1)  occurs during the month; and
 318-24              (2)  does not fall on a Saturday or Sunday.
 318-25        (c)  In this section, "workday" means a day on which a state
 318-26  employee is normally scheduled to work.  (V.A.C.S. Art. 4591.2,
 318-27  Sec. 8.)
  319-1        Sec. 662.011.  HOLIDAYS FOR INSTITUTIONS OF HIGHER EDUCATION.
  319-2  (a)  The governing body of an institution of higher education, as
  319-3  defined by Section 61.003, Education Code, other than a public
  319-4  junior college as defined by that section, may establish the
  319-5  holiday schedule for the institution.
  319-6        (b)  The number of holidays to be observed by the institution
  319-7  may not exceed the number of holidays on which an employee of a
  319-8  state agency is entitled to a day off.  (V.A.C.S. Art. 4591.3.)
  319-9         (Sections 662.012 to 662.020 reserved for expansion)
 319-10                     SUBCHAPTER B.  LEGAL HOLIDAYS
 319-11        Sec. 662.021.  DATES OF HOLIDAYS.  A legal holiday includes
 319-12  only the following days:
 319-13              (1)  a national holiday under Section 662.003(a); and
 319-14              (2)  a state holiday under Sections 662.003(b)(1)
 319-15  through (6).  (V.A.C.S. Art. 4591 (part).)
 319-16        Sec. 662.022.  CLOSURE OF PUBLIC OFFICES.  A public office of
 319-17  this state may be closed on a legal holiday, except as provided by
 319-18  Section 662.004.  (V.A.C.S. Art. 4591 (part).)
 319-19        Sec. 662.023.  PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST
 319-20  OF CERTAIN COMMERCIAL PAPER.  A legal holiday is treated as a
 319-21  Sunday for presenting for payment or acceptance, protesting, and
 319-22  giving notice of the dishonor of a draft or promissory note.
 319-23  (V.A.C.S. Art. 4591 (part).)
 319-24         (Sections 662.024 to 662.040 reserved for expansion)
 319-25                    SUBCHAPTER C.  RECOGNITION DAYS
 319-26        Sec. 662.041.  SAM RAYBURN DAY.  (a)  January 6 is Sam
 319-27  Rayburn Day in memory of that great Texas and American statesman,
  320-1  Sam Rayburn.
  320-2        (b)  Sam Rayburn Day shall be regularly observed by
  320-3  appropriate programs in the public schools and other places to
  320-4  commemorate the birthday of Sam Rayburn.  (V.A.C.S. Art. 4591b-1.)
  320-5        Sec. 662.042.  FORMER PRISONERS OF WAR RECOGNITION DAY.
  320-6  (a)  April 9 is Former Prisoners of War Recognition Day in honor of
  320-7  the courage of those Americans who suffered sacrifices and
  320-8  tribulations as prisoners of war in the course of their military
  320-9  service on behalf of this nation.
 320-10        (b)  Former Prisoners of War Recognition Day shall be
 320-11  regularly observed by appropriate ceremonies.  (V.A.C.S.
 320-12  Art. 4591b-2.)
 320-13        Sec. 662.043.  INTERNATIONAL TRADE AWARENESS WEEK.  (a)  May
 320-14  22 through May 26 is International Trade Awareness Week to
 320-15  encourage Texas businesses to engage effectively in the promotion
 320-16  and development of international trade.
 320-17        (b)  International Trade Awareness Week shall be observed by
 320-18  appropriate ceremonies and activities.  (V.A.C.S. Art. 4591.5.)
 320-19        Sec. 662.044.  COLUMBUS DAY.  (a)  The second Monday of
 320-20  October is Columbus Day in honor of Christopher Columbus.
 320-21        (b)  Columbus Day shall be regularly observed by appropriate
 320-22  ceremonies.
 320-23        (c)  Public offices of this state shall remain open on
 320-24  Columbus Day.  (V.A.C.S. Art. 4591.6.)
 320-25        Sec. 662.045.  FATHER OF TEXAS DAY.  (a)  November 3 is
 320-26  Father of Texas Day in memory of Stephen F. Austin, the great
 320-27  pioneer patriot and the real and true Father of Texas.
  321-1        (b)  Father of Texas Day shall be regularly observed by
  321-2  appropriate and patriotic programs in the public schools and other
  321-3  places to properly commemorate the birthday of Stephen F. Austin
  321-4  and to inspire a greater love for this beloved state.  (V.A.C.S.
  321-5  Art. 4591b.)
  321-6         CHAPTER 663.  CHILD CARE SERVICES FOR STATE EMPLOYEES
  321-7                   SUBCHAPTER A.  GENERAL PROVISIONS
  321-8  Sec. 663.001.  DEFINITIONS
  321-9  Sec. 663.002.  DUTIES AND RESPONSIBILITIES NOT AFFECTED
 321-10  Sec. 663.003.  GOOD FAITH STANDARD
 321-11         (Sections 663.004 to 663.050 reserved for expansion)
 321-12              SUBCHAPTER B.  CHILD CARE DEVELOPMENT BOARD
 321-13  Sec. 663.051.  CHILD CARE DEVELOPMENT BOARD
 321-14  Sec. 663.052.  COMPOSITION OF BOARD
 321-15  Sec. 663.053.  STAFF, EQUIPMENT, AND SUPPLIES
 321-16  Sec. 663.054.  ADVISORY COMMITTEE
 321-17  Sec. 663.055.  REPORT OF BOARD
 321-18         (Sections 663.056 to 663.100 reserved for expansion)
 321-19           SUBCHAPTER C.  CHILD CARE PROGRAM AND FACILITIES
 321-20  Sec. 663.101.  ADMINISTRATION OF CHILD CARE PROGRAM
 321-21  Sec. 663.102.  STANDARDS OF CHILD CARE PROGRAM
 321-22  Sec. 663.103.  SPECIFICATIONS FOR CHILD CARE FACILITY SITES
 321-23  Sec. 663.104.  ESTABLISHMENT OF CHILD CARE FACILITIES
 321-24  Sec. 663.105.  CONTRACTS
 321-25  Sec. 663.106.  LEASE TO CHILD CARE PROVIDER
 321-26  Sec. 663.107.  NUMBER OF CHILDREN SERVED BY CHILD CARE
 321-27                   FACILITY
  322-1  Sec. 663.108.  DUTIES OF CHILD CARE PROVIDER
  322-2  Sec. 663.109.  MONITORING OF CHILD CARE FACILITIES
  322-3  Sec. 663.110.  ENROLLMENT IN CHILD CARE FACILITY
  322-4  Sec. 663.111.  ADDITIONAL CHILD CARE FACILITIES
  322-5  Sec. 663.112.  CHILD CARE FACILITY ACCOUNT
  322-6  Sec. 663.113.  PRIVATE DONATIONS
  322-7         CHAPTER 663.  CHILD CARE SERVICES FOR STATE EMPLOYEES
  322-8                   SUBCHAPTER A.  GENERAL PROVISIONS
  322-9        Sec. 663.001.  DEFINITIONS.  In this chapter:
 322-10              (1)  "Board" means the Child Care Development Board.
 322-11              (2)  "Child care facility" includes only a child care
 322-12  facility established under this chapter.
 322-13              (3)  "Child care program" means the program developed
 322-14  by the board to provide child care services for state employees.
 322-15              (4)  "Commission" means the General Services
 322-16  Commission.
 322-17              (5)  "Committee" means the Child Care Advisory
 322-18  Committee.  (V.A.C.S. Art. 6252-3e, Sec. 1; New.)
 322-19        Sec. 663.002.  DUTIES AND RESPONSIBILITIES NOT AFFECTED.
 322-20  Sections 663.003, 663.103, 663.104, and 663.105 do not affect the
 322-21  duties or responsibilities of the board or commission under Section
 322-22  5.01(b), State Purchasing and General Services Act (Article 601b,
 322-23  Vernon's Texas Civil Statutes).  (V.A.C.S. Art. 6252-3e, Sec.
 322-24  5(e).)
 322-25        Sec. 663.003.  GOOD FAITH STANDARD.  The commission and the
 322-26  executive director of the commission shall carry out their
 322-27  responsibilities under this chapter in good faith.  (V.A.C.S. Art.
  323-1  6252-3e, Sec. 5(d) (part).)
  323-2         (Sections 663.004 to 663.050 reserved for expansion)
  323-3              SUBCHAPTER B.  CHILD CARE DEVELOPMENT BOARD
  323-4        Sec. 663.051.  CHILD CARE DEVELOPMENT BOARD.  The Child Care
  323-5  Development Board is an agency of the state.  (V.A.C.S. Art.
  323-6  6252-3e, Sec. 2(a).)
  323-7        Sec. 663.052.  COMPOSITION OF BOARD.  (a)  The board is
  323-8  composed of:
  323-9              (1)  the governor;
 323-10              (2)  the lieutenant governor;
 323-11              (3)  the attorney general;
 323-12              (4)  the state treasurer;
 323-13              (5)  the comptroller; and
 323-14              (6)  the commissioner of the General Land Office.
 323-15        (b)  An officer listed in Subsection (a) may designate a
 323-16  representative to serve for the officer.  (V.A.C.S. Art. 6252-3e,
 323-17  Sec. 2(b).)
 323-18        Sec. 663.053.  STAFF, EQUIPMENT, AND SUPPLIES.  The board may
 323-19  use the staff, equipment, and supplies of an agency represented on
 323-20  the board to assist the board as necessary in performing its duties
 323-21  under this chapter.  (V.A.C.S. Art. 6252-3e, Sec. 2(c).)
 323-22        Sec. 663.054.  ADVISORY COMMITTEE.  (a)  The board shall
 323-23  appoint a child care advisory committee composed of individuals who
 323-24  are interested in child care services for state employees.
 323-25        (b)  The board may appoint to the committee:
 323-26              (1)  the executive directors of:
 323-27                    (A)  the commission; and
  324-1                    (B)  the Texas Department of Housing and
  324-2  Community Affairs;
  324-3              (2)  a representative of the child care working group
  324-4  of the United Way of Texas;
  324-5              (3)  a representative of the Texas Association for the
  324-6  Education of Young Children;
  324-7              (4)  a representative of the corporate child
  324-8  development fund;
  324-9              (5)  a representative of child care providers;
 324-10              (6)  one or more state employees subject to the state
 324-11  classification plan:
 324-12                    (A)  each of whom has at least one child in a
 324-13  child care facility; and
 324-14                    (B)  if more than one is appointed, each of whom
 324-15  resides in a different geographic area of the state; and
 324-16              (7)  one or more individuals knowledgeable in child
 324-17  care services or the need of working individuals for child care
 324-18  services.
 324-19        (c)  The committee shall advise the board on the:
 324-20              (1)  location, size, and design of the child care
 324-21  facilities; and
 324-22              (2)  curriculum a child care facility must provide to
 324-23  ensure the provision of developmentally appropriate services of a
 324-24  high quality.  (V.A.C.S. Art. 6252-3e, Sec. 4, as amended by
 324-25  Chapters 505 and 762, Acts of the 72nd Legislature, Regular
 324-26  Session, 1991.)
 324-27        Sec. 663.055.  REPORT OF BOARD.  (a)  The board or the
  325-1  board's designated representative shall report to the legislature
  325-2  each legislative session.
  325-3        (b)  The report must:
  325-4              (1)  summarize the development and progress of the
  325-5  child care program; and
  325-6              (2)  describe additional child care services needed by
  325-7  state employees.  (V.A.C.S. Art. 6252-3e, Sec. 3 (part).)
  325-8         (Sections 663.056 to 663.100 reserved for expansion)
  325-9           SUBCHAPTER C.  CHILD CARE PROGRAM AND FACILITIES
 325-10        Sec. 663.101.  ADMINISTRATION OF CHILD CARE PROGRAM.
 325-11  (a)  The board shall provide child care services for state
 325-12  employees by the development and administration of the child care
 325-13  program.
 325-14        (b)  The board by rule may establish methods to administer
 325-15  and supervise the child care program.  (V.A.C.S. Art. 6252-3e,
 325-16  Sec. 3 (part).)
 325-17        Sec. 663.102.  STANDARDS OF CHILD CARE PROGRAM.  The board
 325-18  shall set specific performance standards for child care services
 325-19  under the child care program that conform to the standards of
 325-20  quality child care set by the National Association for the
 325-21  Education of Young Children.  (V.A.C.S. Art. 6252-3e, Sec. 6
 325-22  (part).)
 325-23        Sec. 663.103.  SPECIFICATIONS FOR CHILD CARE FACILITY SITES.
 325-24  The board shall give the commission the specifications for each
 325-25  child care facility site, including the location, size, and design
 325-26  for the facility.  (V.A.C.S. Art. 6252-3e, Sec. 5(a).)
 325-27        Sec. 663.104.  ESTABLISHMENT OF CHILD CARE FACILITIES.
  326-1  (a)  To establish a child care facility, the commission, at the
  326-2  direction of the board, shall:
  326-3              (1)  acquire necessary real and personal property,
  326-4  including mobile and prefabricated buildings; or
  326-5              (2)  build, renovate, repair, or equip a building,
  326-6  including constructing or placing a new building on real property
  326-7  the state owns.
  326-8        (b)  The board, in establishing a child care facility, must
  326-9  specify the terms or conditions under which the commission is
 326-10  required to act and may adopt a schedule for implementation of the
 326-11  activity.  The board may request, add to, or delete a term or
 326-12  condition and may request a progress report from the commission.
 326-13        (c)  If activity is delayed or cannot be implemented under
 326-14  the board's terms and conditions, the commission immediately shall
 326-15  advise the board and may postpone further action until the
 326-16  commission receives an instruction from the board.  (V.A.C.S.
 326-17  Art. 6252-3e, Secs. 5(b), (d) (part).)
 326-18        Sec. 663.105.  CONTRACTS.  (a)  The commission shall make any
 326-19  contract necessary to establish a child care facility.
 326-20        (b)  The contract must comply with the State Purchasing and
 326-21  General Services Act (Article 601b, Vernon's Texas Civil Statutes).
 326-22  (V.A.C.S. Art. 6252-3e, Sec. 5(c).)
 326-23        Sec. 663.106.  LEASE TO CHILD CARE PROVIDER.  (a)  The
 326-24  commission shall lease to a child care provider selected by the
 326-25  board a site for a child care facility at a reasonable rate set by
 326-26  the board.
 326-27        (b)  The board by rule may require, or prohibit the inclusion
  327-1  of, specified provisions in a lease.  (V.A.C.S. Art. 6252-3e,
  327-2  Sec. 7(a).)
  327-3        Sec. 663.107.  NUMBER OF CHILDREN SERVED BY CHILD CARE
  327-4  FACILITY.  The board shall set the number of children a child care
  327-5  facility may serve.  (V.A.C.S. Art. 6252-3e, Sec. 6 (part).)
  327-6        Sec. 663.108.  DUTIES OF CHILD CARE PROVIDER.  A provider for
  327-7  a child care facility shall:
  327-8              (1)  obtain for the facility a license under Chapter
  327-9  42, Human Resources Code;
 327-10              (2)  maintain liability insurance coverage by an
 327-11  insurance company approved by the State Board of Insurance in an
 327-12  amount approved by the board;
 327-13              (3)  indemnify the state, members of the board, and the
 327-14  commission from:
 327-15                    (A)  a claim, demand, or cause of action asserted
 327-16  by a person as a result of the facility's operation; and
 327-17                    (B)  an act or omission of the provider or the
 327-18  facility's personnel;
 327-19              (4)  provide furniture, equipment, toys, or other
 327-20  materials necessary for  the facility;
 327-21              (5)  keep a list of child care applicants who are
 327-22  waiting for enrollment in the facility; and
 327-23              (6)  pay salaries and provide insurance for the
 327-24  employees of the facility.  (V.A.C.S. Art. 6252-3e, Secs. 7(b),
 327-25  8(b) (part).)
 327-26        Sec. 663.109.  MONITORING OF CHILD CARE FACILITIES.  The
 327-27  board shall monitor the activities and operations of a child care
  328-1  facility by conducting regular visits to the facility during
  328-2  operating hours to investigate, inspect, and evaluate the services
  328-3  provided.  (V.A.C.S. Art. 6252-3e, Sec. 6 (part).)
  328-4        Sec. 663.110.  ENROLLMENT IN CHILD CARE FACILITY.  (a)  The
  328-5  board shall establish procedures for application for enrollment in
  328-6  a child care facility established under this chapter.
  328-7        (b)  A provider for a child care facility shall give
  328-8  preference in enrollment to the individual whose application date
  328-9  is the earliest, except that the board may permit enrollment
 328-10  because of a special circumstance as defined by the board,
 328-11  including financial need or other hardship.  (V.A.C.S.
 328-12  Art. 6252-3e, Secs. 8(a), (b) (part), (c).)
 328-13        Sec. 663.111.  ADDITIONAL CHILD CARE FACILITIES.  (a)  The
 328-14  board may begin procedures to establish another child care facility
 328-15  when the number of applicants on a waiting list to enroll in a
 328-16  facility is 50 or more.
 328-17        (b)  The commission shall provide the board with a list of
 328-18  sites available for a new or expanded child care facility not later
 328-19  than the 120th day after the date on which the commission receives
 328-20  from the board the specifications for a child care facility under
 328-21  Section 663.103.
 328-22        (c)  If the commission cannot provide the board with a
 328-23  suitable site, the board shall select a site that the board
 328-24  considers suitable.
 328-25        (d)  After a site has been selected, the commission shall
 328-26  give priority to implementing the plan to prepare the child care
 328-27  facility over other building construction, repairs, or renovations.
  329-1  (V.A.C.S. Art. 6252-3e, Sec. 10.)
  329-2        Sec. 663.112.  CHILD CARE FACILITY ACCOUNT.  (a)  The
  329-3  legislature may appropriate money from the Texas capital trust fund
  329-4  established under Chapter 2201 to establish and operate a child
  329-5  care facility under this chapter.
  329-6        (b)  On the first day of each biennium or from the first
  329-7  amounts deposited to the credit of the Texas capital trust fund
  329-8  during each biennium, the comptroller shall set aside in a special
  329-9  account within the fund the amount of an appropriation for this
 329-10  chapter.
 329-11        (c)  An unexpended and unobligated portion of an
 329-12  appropriation made from the fund for this chapter remains in the
 329-13  special account at the end of the period for which it is
 329-14  appropriated.  (V.A.C.S. Art. 6252-3e, Sec. 9(a).)
 329-15        Sec. 663.113.  PRIVATE DONATIONS.  (a)  The board may solicit
 329-16  a private donation of property or money for renovations, equipment,
 329-17  or other items necessary to provide child care services.
 329-18        (b)  The commission shall accept and use the donations only
 329-19  for the child care program.  (V.A.C.S. Art. 6252-3e, Sec. 9(b).)
 329-20      CHAPTER 664.  STATE EMPLOYEES HEALTH FITNESS AND EDUCATION
 329-21  Sec. 664.001.  SHORT TITLE
 329-22  Sec. 664.002.  FINDINGS AND PURPOSE
 329-23  Sec. 664.003.  DEFINITION
 329-24  Sec. 664.004.  FUNDS AND FACILITIES FOR HEALTH
 329-25                   FITNESS PROGRAMS
 329-26  Sec. 664.005.  AGREEMENTS WITH OTHER STATE, LOCAL,
 329-27                   OR FEDERAL AGENCIES
  330-1  Sec. 664.006.  PLANS; APPROVAL
  330-2      CHAPTER 664.  STATE EMPLOYEES HEALTH FITNESS AND EDUCATION
  330-3        Sec. 664.001.  SHORT TITLE.  This chapter may be cited as the
  330-4  State Employees Health Fitness and Education Act of 1983.
  330-5  (V.A.C.S. Art. 6252-27, Sec. 1.)
  330-6        Sec. 664.002.  FINDINGS AND PURPOSE.  Effective state
  330-7  administration is materially enhanced by programs designed to
  330-8  encourage and create a condition of health fitness in state
  330-9  administrators and employees and public money spent for these
 330-10  programs serves important public purposes, including:
 330-11              (1)  an understanding and diminution of the risk
 330-12  factors associated with society's most debilitating diseases;
 330-13              (2)  the development of greater work productivity and
 330-14  capacity;
 330-15              (3)  a reduction in absenteeism;
 330-16              (4)  a reduction of health insurance costs; and
 330-17              (5)  an increase in the general level of fitness.
 330-18  (V.A.C.S. Art. 6252-27, Sec. 2.)
 330-19        Sec. 664.003.  DEFINITION.  In this chapter, "state agency"
 330-20  means a department, institution, commission, or other agency of the
 330-21  state.  (New.)
 330-22        Sec. 664.004.  FUNDS AND FACILITIES FOR HEALTH FITNESS
 330-23  PROGRAMS.  (a)  A state agency may use available public funds for:
 330-24              (1)  health fitness education and activities; or
 330-25              (2)  other costs related to health fitness.
 330-26        (b)  A state agency may use available facilities for health
 330-27  fitness programs.  (V.A.C.S. Art. 6252-27, Sec. 3.)
  331-1        Sec. 664.005.  AGREEMENTS WITH OTHER STATE, LOCAL, OR FEDERAL
  331-2  AGENCIES.  A state agency may, and is encouraged to, enter into an
  331-3  agreement with another state agency, including a state-supported
  331-4  college or university, or with a local or federal department,
  331-5  institution, commission, or agency, to present, join in presenting,
  331-6  or participate jointly in health fitness education or activity
  331-7  programs for the state agency's administrators and employees.
  331-8  (V.A.C.S. Art. 6252-27, Sec. 4.)
  331-9        Sec. 664.006.  PLANS; APPROVAL.  Before implementing a health
 331-10  fitness program, a state agency must:
 331-11              (1)  develop a plan that addresses the purpose, nature,
 331-12  duration, costs, participants in, and expected results of the
 331-13  program; and
 331-14              (2)  obtain written approval of the plan from:
 331-15                    (A)  the Texas Department of Health; and
 331-16                    (B)  if implementing the program requires the
 331-17  expenditure of public money, the governor or the governor's
 331-18  designated representative.  (V.A.C.S. Art. 6252-27, Sec. 5.)
 331-19                 CHAPTER 665.  IMPEACHMENT AND REMOVAL
 331-20                  SUBCHAPTER A.  IMPEACHMENT BY HOUSE
 331-21  Sec. 665.001.  IMPEACHMENT PROCEEDING
 331-22  Sec. 665.002.  INDIVIDUALS WHO MAY BE IMPEACHED
 331-23  Sec. 665.003.  IMPEACHMENT WHEN HOUSE IS IN SESSION
 331-24  Sec. 665.004.  CONVENING HOUSE FOR IMPEACHMENT PURPOSES WHEN
 331-25                   HOUSE IS NOT IN SESSION
 331-26  Sec. 665.005.  POWERS OF HOUSE DURING IMPEACHMENT PROCEEDING
 331-27  Sec. 665.006.  PER DIEM AND MILEAGE DURING IMPEACHMENT
  332-1                   PROCEEDING
  332-2  Sec. 665.007.  CUMULATIVE REMEDY
  332-3         (Sections 665.008 to 665.020 reserved for expansion)
  332-4               SUBCHAPTER B.  REMOVAL AFTER IMPEACHMENT
  332-5  Sec. 665.021.  SENATE MEETS AS COURT OF IMPEACHMENT
  332-6  Sec. 665.022.  PROCEDURE WHEN SENATE IS IN SESSION
  332-7  Sec. 665.023.  PROCEDURE WHEN SENATE IS NOT IN SESSION
  332-8  Sec. 665.024.  ADOPTION OF RULES
  332-9  Sec. 665.025.  CONVENING AND ADJOURNING SENATE
 332-10  Sec. 665.026.  ATTENDANCE OF SENATORS
 332-11  Sec. 665.027.  POWERS OF SENATE MEETING AS A COURT OF
 332-12                   IMPEACHMENT
 332-13  Sec. 665.028.  PER DIEM WHILE SENATE IS MEETING AS A COURT
 332-14                   OF IMPEACHMENT
 332-15         (Sections 665.029 to 665.050 reserved for expansion)
 332-16                   SUBCHAPTER C.  REMOVAL BY ADDRESS
 332-17  Sec. 665.051.  INDIVIDUALS SUBJECT TO REMOVAL
 332-18  Sec. 665.052.  CAUSES FOR REMOVAL
 332-19  Sec. 665.053.  NOTICE AND HEARING
 332-20  Sec. 665.054.  REMOVAL VOTE
 332-21         (Sections 665.055 to 665.080 reserved for expansion)
 332-22                SUBCHAPTER D.  OTHER REMOVAL PROVISIONS
 332-23  Sec. 665.081.  NO REMOVAL FOR ACTS COMMITTED BEFORE
 332-24                   ELECTION TO OFFICE
 332-25                 CHAPTER 665.  IMPEACHMENT AND REMOVAL
 332-26                  SUBCHAPTER A.  IMPEACHMENT BY HOUSE
 332-27        Sec. 665.001.  IMPEACHMENT PROCEEDING.  In this subchapter,
  333-1  "impeachment proceeding" includes:
  333-2              (1)  presenting an article of impeachment;
  333-3              (2)  investigating a matter relating to a contemplated
  333-4  impeachment; and
  333-5              (3)  acting on an article of impeachment.  (New.)
  333-6        Sec. 665.002.  INDIVIDUALS WHO MAY BE IMPEACHED.  An
  333-7  individual may be removed from an office or a position by
  333-8  impeachment in the manner provided by the constitution and this
  333-9  chapter if the individual is:
 333-10              (1)  a state officer;
 333-11              (2)  a head of a state department or state institution;
 333-12  or
 333-13              (3)  a member, regent, trustee, or commissioner having
 333-14  control or management of a state institution or enterprise.
 333-15  (V.A.C.S. Art. 5961 (part).)
 333-16        Sec. 665.003.  IMPEACHMENT WHEN HOUSE IS IN SESSION.
 333-17  (a)  The house of representatives may conduct an impeachment
 333-18  proceeding at a regular or called session at its pleasure without
 333-19  further call or action.
 333-20        (b)  If the house is conducting an impeachment proceeding at
 333-21  the time a session expires or ends by house or senate adjournment
 333-22  on legislative matters, the house may:
 333-23              (1)  continue in session to conduct the impeachment
 333-24  proceeding; or
 333-25              (2)  adjourn to a later time to conclude the
 333-26  impeachment proceeding.
 333-27        (c)  If the house adjourns under Subsection (b)(2), it may
  334-1  continue the impeachment proceeding through committees or agents.
  334-2  (V.A.C.S. Art. 5962 (part).)
  334-3        Sec. 665.004.  CONVENING HOUSE FOR IMPEACHMENT PURPOSES WHEN
  334-4  HOUSE IS NOT IN SESSION.  (a)  When the house is not in session it
  334-5  may be convened to conduct an impeachment proceeding:
  334-6              (1)  by proclamation of the governor;
  334-7              (2)  by proclamation of the speaker of the house if the
  334-8  speaker is petitioned in writing by 50 or more members of the
  334-9  house; or
 334-10              (3)  by proclamation in writing signed by a majority of
 334-11  the members of the house.
 334-12        (b)  Each member of the house who is in the state and
 334-13  accessible must be given a copy of the proclamation in person or by
 334-14  registered mail:
 334-15              (1)  by the speaker of the house or under the direction
 334-16  of the speaker; or
 334-17              (2)  by the members signing the proclamation or one or
 334-18  more individuals who signed the proclamation designated by the
 334-19  members that signed the proclamation if the proclamation was issued
 334-20  under Subsection (a)(3).
 334-21        (c)  The proclamation must:
 334-22              (1)  state in general terms the reason for convening
 334-23  the house;
 334-24              (2)  state a time for the house to convene; and
 334-25              (3)  be published in at least three daily newspapers of
 334-26  general circulation.  (V.A.C.S. Art. 5962 (part).)
 334-27        Sec. 665.005.  POWERS OF HOUSE DURING IMPEACHMENT PROCEEDING.
  335-1  When conducting an impeachment proceeding, the house or a house
  335-2  committee may:
  335-3              (1)  send for persons or papers;
  335-4              (2)  compel the giving of testimony; and
  335-5              (3)  punish for contempt to the same extent as a
  335-6  district court of this state.  (V.A.C.S. Art. 5962 (part).)
  335-7        Sec. 665.006.  PER DIEM AND MILEAGE DURING IMPEACHMENT
  335-8  PROCEEDING.  (a)  A member of the house is entitled to a per diem
  335-9  when the house is in session for an impeachment proceeding but not
 335-10  for legislative purposes.
 335-11        (b)  A member of a house committee is entitled to a per diem
 335-12  when the committee is meeting for an impeachment proceeding and the
 335-13  house is not in session.
 335-14        (c)  A member of the house is entitled to mileage when the
 335-15  house is convened by proclamation under Section 665.004.
 335-16        (d)  The amount of a per diem and the mileage authorized by
 335-17  this section is the same as the amounts for those items fixed for
 335-18  members of the legislature when in legislative session.
 335-19        (e)  The house may pay agents to assist in conducting an
 335-20  impeachment proceeding.  (V.A.C.S. Art. 5962 (part).)
 335-21        Sec. 665.007.  CUMULATIVE REMEDY.  The remedy of impeachment
 335-22  as provided in this chapter is cumulative of all other remedies
 335-23  regarding the impeachment or removal of public officers.  (V.A.C.S.
 335-24  Art. 5961 (part).)
 335-25         (Sections 665.008 to 665.020 reserved for expansion)
 335-26               SUBCHAPTER B.  REMOVAL AFTER IMPEACHMENT
 335-27        Sec. 665.021.  SENATE MEETS AS COURT OF IMPEACHMENT.  If the
  336-1  house prefers articles of impeachment against an individual, the
  336-2  senate shall meet as a court of impeachment in a trial of the
  336-3  individual in the manner provided by Article XV of the Texas
  336-4  Constitution.  (V.A.C.S. Art. 5963(a).)
  336-5        Sec. 665.022.  PROCEDURE WHEN SENATE IS IN SESSION.  (a)  If
  336-6  the senate is in a regular or called session when articles of
  336-7  impeachment are preferred by the house, the senate shall receive
  336-8  the articles when they are presented.  The senate shall set a day
  336-9  and time to resolve into a court of impeachment to consider the
 336-10  articles.
 336-11        (b)  The senate may continue in session as a court of
 336-12  impeachment beyond the end of the session for legislative purposes
 336-13  or may adjourn as a court of impeachment to a day and time set by
 336-14  the senate.  (V.A.C.S. Art. 5963(b).)
 336-15        Sec. 665.023.  PROCEDURE WHEN SENATE IS NOT IN SESSION.
 336-16  (a)  If the senate is not in a regular or called session when
 336-17  articles of impeachment are preferred by the house, the house shall
 336-18  deliver by personal messenger or certified or registered mail a
 336-19  certified copy of the articles of impeachment to the governor,
 336-20  lieutenant governor, and each member of the senate.  A record of
 336-21  the deliveries and a copy of the record shall be delivered to the
 336-22  lieutenant governor and the president pro tempore of the senate.
 336-23        (b)  After the deliveries are made as required by Subsection
 336-24  (a), the senate shall be convened to consider the articles of
 336-25  impeachment:
 336-26              (1)  by proclamation of the governor; or
 336-27              (2)  if the governor fails to issue the proclamation
  337-1  within 10 days from the date the articles of impeachment are
  337-2  preferred by the house, by proclamation of the lieutenant governor;
  337-3  or
  337-4              (3)  if the lieutenant governor fails to issue the
  337-5  proclamation within 15 days from the date the articles of
  337-6  impeachment are preferred by the house, by proclamation of the
  337-7  president pro tempore of the senate; or
  337-8              (4)  if the president pro tempore of the senate fails
  337-9  to issue the proclamation within 20 days from the date the articles
 337-10  of impeachment are preferred by the house, by proclamation signed
 337-11  by a majority of the members of the senate.
 337-12        (c)  A proclamation issued under Subsection (b) must:
 337-13              (1)  be in writing;
 337-14              (2)  state the purposes for which the senate is to be
 337-15  convened;
 337-16              (3)  fix a date not later than the 20th day after the
 337-17  date of the issuance of the proclamation for convening the senate;
 337-18  and
 337-19              (4)  be published in at least three daily newspapers of
 337-20  general circulation.
 337-21        (d)  A copy of the proclamation shall be sent by registered
 337-22  or certified mail to each member of the senate and the lieutenant
 337-23  governor.
 337-24        (e)  The senate shall convene on the day set in the
 337-25  proclamation and receive the articles of impeachment.  The senate
 337-26  shall then act as a court of impeachment to consider the articles
 337-27  of impeachment.  (V.A.C.S. Art. 5963, Secs. (c), (d).)
  338-1        Sec. 665.024.  ADOPTION OF RULES.  The senate shall adopt
  338-2  rules of procedure when it resolves into a court of impeachment.
  338-3  After the senate has adopted the rules it shall consider the
  338-4  articles of impeachment.  (V.A.C.S. Art. 5963(e) (part).)
  338-5        Sec. 665.025.  CONVENING AND ADJOURNING SENATE.  The senate
  338-6  may recess or adjourn during the impeachment trial to a time to be
  338-7  set by the senate.  The senate may condition reconvening on the
  338-8  occurrence of an event specified in the motion.  (V.A.C.S. Art.
  338-9  5963(e) (part).)
 338-10        Sec. 665.026.  ATTENDANCE OF SENATORS.  Each member of the
 338-11  senate shall be in attendance when the senate is meeting as a court
 338-12  of impeachment.  (V.A.C.S. Art. 5963(e) (part).)
 338-13        Sec. 665.027.  POWERS OF SENATE MEETING AS A COURT OF
 338-14  IMPEACHMENT.  (a)  The senate may:
 338-15              (1)  send for persons, papers, books, and other
 338-16  documents;
 338-17              (2)  compel the giving of testimony;
 338-18              (3)  punish for contempt to the same extent as a
 338-19  district court;
 338-20              (4)  meet in closed session for purposes of
 338-21  deliberation; and
 338-22              (5)  exercise any other power necessary to carry out
 338-23  its duties under Article XV of the Texas Constitution.
 338-24        (b)  The senate may employ assistance to enforce and execute
 338-25  the lawful orders, mandates, writs, process, and precepts of the
 338-26  senate meeting as a court of impeachment.  (V.A.C.S. Art. 5963(f).)
 338-27        Sec. 665.028.  PER DIEM WHILE SENATE IS MEETING AS A COURT OF
  339-1  IMPEACHMENT.  (a)  When meeting as a court of impeachment the
  339-2  members of the senate and the lieutenant governor receive the same
  339-3  mileage and per diem as is provided for members of the legislature
  339-4  when it is in legislative session.
  339-5        (b)  If the senate is not in session as a court of
  339-6  impeachment for more than four consecutive days because of recess
  339-7  or adjournment, the members of the senate and the lieutenant
  339-8  governor are not entitled to the per diem for those days.
  339-9  (V.A.C.S. Art. 5963(g) (part).)
 339-10         (Sections 665.029 to 665.050 reserved for expansion)
 339-11                   SUBCHAPTER C.  REMOVAL BY ADDRESS
 339-12        Sec. 665.051.  INDIVIDUALS SUBJECT TO REMOVAL.  Only the
 339-13  following individuals are subject to removal from office by address
 339-14  under this subchapter:
 339-15              (1)  a justice of the supreme court;
 339-16              (2)  a judge of the court of criminal appeals;
 339-17              (3)  a justice of a court of appeals;
 339-18              (4)  a judge of a district court;
 339-19              (5)  a judge of a criminal district court;
 339-20              (6)  the commissioner of agriculture;
 339-21              (7)  the commissioner of insurance; and
 339-22              (8)  the banking commissioner.  (V.A.C.S. Art. 5964
 339-23  (part).)
 339-24        Sec. 665.052.  CAUSES FOR REMOVAL.  (a)  An individual may be
 339-25  removed from office by address for:
 339-26              (1)  wilful neglect of duty;
 339-27              (2)  incompetency;
  340-1              (3)  habitual drunkenness;
  340-2              (4)  oppression in office;
  340-3              (5)  breach of trust; or
  340-4              (6)  any other reasonable cause that is not a
  340-5  sufficient ground for impeachment.
  340-6        (b)  In this section, "incompetency" means:
  340-7              (1)  gross ignorance of official duties;
  340-8              (2)  gross carelessness in the discharge of official
  340-9  duties; or
 340-10              (3)  inability or unfitness to discharge promptly and
 340-11  properly official duties because of a serious physical or mental
 340-12  defect that did not exist at the time of the officer's election.
 340-13  (V.A.C.S. Arts. 5964 (part), 5972.)
 340-14        Sec. 665.053.  NOTICE AND HEARING.  (a)  Notice of the reason
 340-15  for removal by address must be given to the officer who is to be
 340-16  removed.
 340-17        (b)  The officer must be allowed to appear at a hearing in
 340-18  the officer's defense before the vote for removal by address is
 340-19  taken.
 340-20        (c)  The cause for removal shall be stated at length in the
 340-21  address and entered in the journal of each house.  (V.A.C.S. Art.
 340-22  5964 (part).)
 340-23        Sec. 665.054.  REMOVAL VOTE.  (a)  The governor shall remove
 340-24  from office a person on the address of two-thirds of each house of
 340-25  the legislature.
 340-26        (b)  The vote of each member shall be recorded in the journal
 340-27  of each house.  (V.A.C.S. Art. 5964 (part).)
  341-1         (Sections 665.055 to 665.080 reserved for expansion)
  341-2                SUBCHAPTER D.  OTHER REMOVAL PROVISIONS
  341-3        Sec. 665.081.  NO REMOVAL FOR ACTS COMMITTED BEFORE ELECTION
  341-4  TO OFFICE.  (a)  An officer in this state may not be removed from
  341-5  office for an act the officer may have committed before the
  341-6  officer's election to office.
  341-7        (b)  The prohibition against the removal from office for an
  341-8  act the officer commits before the officer's election is covered
  341-9  by:
 341-10              (1)  Section 21.002, Local Government Code, for a mayor
 341-11  or alderman of a general law municipality; or
 341-12              (2)  Chapter 87, Local Government Code, for a county or
 341-13  precinct officer.  (V.A.C.S. Art. 5986.)
 341-14                     TITLE 10.  GENERAL GOVERNMENT
 341-15          SUBTITLE A.  ADMINISTRATIVE PROCEDURE AND PRACTICE
 341-16  Chapter 2001.  ADMINISTRATIVE PROCEDURE
 341-17  Chapter 2002.  TEXAS REGISTER AND ADMINISTRATIVE CODE
 341-18  Chapter 2003.  STATE OFFICE OF ADMINISTRATIVE HEARINGS
 341-19  Chapter 2004.  REPRESENTATION BEFORE STATE AGENCIES
 341-20  Chapter 2005.  PERMIT PROCESSING
 341-21  Chapter 2006.  AGENCY ACTIONS AFFECTING SMALL BUSINESSES
 341-22            (Chapters 2007 to 2050 reserved for expansion)
 341-23                 SUBTITLE B.  INFORMATION AND PLANNING
 341-24  Chapter 2051.  GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES
 341-25  Chapter 2052.  STATE AGENCY REPORTS AND PUBLICATIONS
 341-26  Chapter 2053.  REPORT BY GOVERNOR ON ORGANIZATION AND EFFICIENCY OF
 341-27                   STATE AGENCIES
  342-1  Chapter 2054.  INFORMATION RESOURCES
  342-2  Chapter 2055.  FACULTY INFORMATION AND RESEARCH SERVICE FOR TEXAS
  342-3                   COMMITTEE
  342-4  Chapter 2056.  STRATEGIC PLANS OF OPERATION
  342-5  Chapter 2057.  CAPITAL IMPROVEMENT PLAN
  342-6  Chapter 2058.  RECOGNITION OF FEDERAL CENSUS
  342-7            (Chapters 2059 to 2100 reserved for expansion)
  342-8  SUBTITLE C.  STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY
  342-9  Chapter 2101.  ACCOUNTING PROCEDURES
 342-10  Chapter 2102.  INTERNAL AUDITING
 342-11  Chapter 2103.  EXPENDITURES BY STATE AGENCIES
 342-12  Chapter 2104.  CONSERVATORSHIP AS A RESULT OF FISCAL MISMANAGEMENT
 342-13  Chapter 2105.  ADMINISTRATION OF BLOCK GRANTS
 342-14  Chapter 2106.  INDIRECT COST RECOVERY PROGRAM
 342-15  Chapter 2107.  COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
 342-16  Chapter 2108.  EMPLOYEE INCENTIVE AND AGENCY PRODUCTIVITY
 342-17  Chapter 2109.  VOLUNTEERS
 342-18            (Chapters 2110 to 2150 reserved for expansion)
 342-19          SUBTITLE D.  STATE PURCHASING AND GENERAL SERVICES
 342-20            (Chapters 2151 to 2200 reserved for expansion)
 342-21                   SUBTITLE E.  GOVERNMENT PROPERTY
 342-22  Chapter 2201.  TEXAS CAPITAL TRUST FUND
 342-23  Chapter 2202.  SURPLUS PROPERTY AGENCY
 342-24  Chapter 2203.  USE OF STATE PROPERTY
 342-25  Chapter 2204.  ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
 342-26  Chapter 2205.  AIRCRAFT POOLING
 342-27            (Chapters 2206 to 2250 reserved for expansion)
  343-1      SUBTITLE F.  STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
  343-2  Chapter 2251.  PAYMENT FOR GOODS AND SERVICES
  343-3  Chapter 2252.  CONTRACTS WITH GOVERNMENTAL ENTITY
  343-4  Chapter 2253.  PUBLIC WORK PERFORMANCE AND PAYMENT BONDS
  343-5  Chapter 2254.  PROFESSIONAL AND CONSULTING SERVICES
  343-6  Chapter 2255.  PRIVATE DONORS OR ORGANIZATIONS
  343-7  Chapter 2256.  PUBLIC FUNDS INVESTMENT
  343-8  Chapter 2257.  COLLATERAL FOR PUBLIC FUNDS
  343-9            (Chapters 2258 to 2300 reserved for expansion)
 343-10    SUBTITLE G.  ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE
 343-11                         AND LOCAL GOVERNMENTS
 343-12  Chapter 2301.  SUPERCONDUCTING SUPER COLLIDER FACILITY RESEARCH
 343-13                    AUTHORITY
 343-14  Chapter 2302.  COGENERATION
 343-15  Chapter 2303.  ENTERPRISE ZONES
 343-16  Chapter 2304.  HOUSING REHABILITATION
 343-17  Chapter 2305.  RESTITUTION FOR OIL OVERCHARGES
 343-18  Chapter 2306.  TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
 343-19                CHAPTER 2001.  ADMINISTRATIVE PROCEDURE
 343-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 343-21  Sec. 2001.001.  PURPOSE
 343-22  Sec. 2001.002.  SHORT TITLE
 343-23  Sec. 2001.003.  DEFINITIONS
 343-24  Sec. 2001.004.  REQUIREMENT TO ADOPT RULES OF PRACTICE
 343-25                    AND INDEX RULES, ORDERS, AND DECISIONS
 343-26  Sec. 2001.005.  RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL
 343-27                    INDEXED
  344-1        (Sections 2001.006 to 2001.020 reserved for expansion)
  344-2                       SUBCHAPTER B.  RULEMAKING
  344-3  Sec. 2001.021.  PETITION FOR ADOPTION OF RULES
  344-4  Sec. 2001.022.  LOCAL EMPLOYMENT IMPACT STATEMENTS
  344-5  Sec. 2001.023.  NOTICE OF PROPOSED RULE
  344-6  Sec. 2001.024.  CONTENT OF NOTICE
  344-7  Sec. 2001.025.  EFFECTIVE DATE OF NOTICE
  344-8  Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE OF
  344-9                    PROPOSED RULES
 344-10  Sec. 2001.027.  WITHDRAWAL OF PROPOSED RULE
 344-11  Sec. 2001.028.  NOTICE OF PROPOSED LAW ENFORCEMENT RULES
 344-12  Sec. 2001.029.  PUBLIC COMMENT
 344-13  Sec. 2001.030.  STATEMENT OF REASONS FOR OR AGAINST ADOPTION
 344-14  Sec. 2001.031.  INFORMAL CONFERENCES AND ADVISORY COMMITTEES
 344-15  Sec. 2001.032.  LEGISLATIVE REVIEW
 344-16  Sec. 2001.033.  STATE AGENCY ORDER ADOPTING RULE
 344-17  Sec. 2001.034.  EMERGENCY RULEMAKING
 344-18  Sec. 2001.035.  SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME LIMIT
 344-19                    ON PROCEDURAL CHALLENGE
 344-20  Sec. 2001.036.  EFFECTIVE DATE OF RULES; EFFECT OF FILING WITH
 344-21                    SECRETARY OF STATE
 344-22  Sec. 2001.037.  OFFICIAL TEXT OF RULE
 344-23  Sec. 2001.038.  DECLARATORY JUDGMENT
 344-24        (Sections 2001.039 to 2001.050 reserved for expansion)
 344-25    SUBCHAPTER C.  CONTESTED CASES:  GENERAL RIGHTS AND PROCEDURES
 344-26  Sec. 2001.051.  OPPORTUNITY FOR HEARING AND PARTICIPATION;
 344-27                    NOTICE OF HEARING
  345-1  Sec. 2001.052.  CONTENTS OF NOTICE
  345-2  Sec. 2001.053.  RIGHT TO COUNSEL
  345-3  Sec. 2001.054.  LICENSES
  345-4  Sec. 2001.055.  INTERPRETERS FOR DEAF OR HEARING IMPAIRED
  345-5                    PARTIES AND WITNESSES
  345-6  Sec. 2001.056.  INFORMAL DISPOSITION OF CONTESTED CASE
  345-7  Sec. 2001.057.  CONTINUANCES
  345-8  Sec. 2001.058.  HEARING CONDUCTED BY STATE OFFICE OF
  345-9                    ADMINISTRATIVE HEARINGS
 345-10  Sec. 2001.059.  TRANSCRIPT
 345-11  Sec. 2001.060.  RECORD
 345-12  Sec. 2001.061.  EX PARTE CONSULTATIONS
 345-13  Sec. 2001.062.  EXAMINATION OF RECORD BY STATE AGENCY; PROPOSAL
 345-14                    FOR DECISION
 345-15        (Sections 2001.063 to 2001.080 reserved for expansion)
 345-16  SUBCHAPTER D.  CONTESTED CASES:  EVIDENCE, WITNESSES, AND DISCOVERY
 345-17  Sec. 2001.081.  RULES OF EVIDENCE
 345-18  Sec. 2001.082.  EXCLUSION OF EVIDENCE
 345-19  Sec. 2001.083.  PRIVILEGE
 345-20  Sec. 2001.084.  OBJECTIONS TO EVIDENCE
 345-21  Sec. 2001.085.  WRITTEN EVIDENCE
 345-22  Sec. 2001.086.  DOCUMENTARY EVIDENCE
 345-23  Sec. 2001.087.  CROSS-EXAMINATION
 345-24  Sec. 2001.088.  WITNESSES
 345-25  Sec. 2001.089.  ISSUANCE OF SUBPOENA
 345-26  Sec. 2001.090.  OFFICIAL NOTICE; STATE AGENCY EVALUATION OF
 345-27                    EVIDENCE
  346-1  Sec. 2001.091.  DISCOVERY FROM PARTIES:  ORDERS FOR PRODUCTION
  346-2                    OR INSPECTION
  346-3  Sec. 2001.092.  DISCOVERY FROM PARTIES:  IDENTITY OF WITNESS OR
  346-4                    POTENTIAL PARTY; EXPERT REPORTS
  346-5  Sec. 2001.093.  DISCOVERY FROM PARTIES:  COPY OF
  346-6                    PREVIOUS STATEMENT
  346-7  Sec. 2001.094.  ISSUANCE OF COMMISSION REQUIRING DEPOSITION
  346-8  Sec. 2001.095.  DEPOSITION OF STATE AGENCY BOARD MEMBER
  346-9  Sec. 2001.096.  PLACE OF DEPOSITION
 346-10  Sec. 2001.097.  OBJECTIONS TO DEPOSITION TESTIMONY
 346-11  Sec. 2001.098.  PREPARATION OF DEPOSITION
 346-12  Sec. 2001.099.  SUBMISSION OF DEPOSITION TO WITNESS;
 346-13                    SIGNATURE
 346-14  Sec. 2001.100.  RETURN OF DEPOSITION TO STATE AGENCY
 346-15  Sec. 2001.101.  OPENING OF DEPOSITION BY STATE AGENCY
 346-16                    EMPLOYEE
 346-17  Sec. 2001.102.  USE OF DEPOSITION
 346-18  Sec. 2001.103.  MILEAGE AND PER DIEM OF WITNESS OR DEPONENT
 346-19        (Sections 2001.104 to 2001.120 reserved for expansion)
 346-20          SUBCHAPTER E.  CONTESTED CASES:  TESTIMONY OF CHILD
 346-21  Sec. 2001.121.  STATEMENT OR TESTIMONY BY CERTAIN CHILD ABUSE
 346-22                    VICTIMS
 346-23  Sec. 2001.122.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM
 346-24        (Sections 2001.123 to 2001.140 reserved for expansion)
 346-25     SUBCHAPTER F.  CONTESTED CASES:  FINAL DECISIONS AND ORDERS;
 346-26                         MOTIONS FOR REHEARING
 346-27  Sec. 2001.141.  FORM OF DECISION; FINDINGS OF FACT AND
  347-1                    CONCLUSIONS OF LAW
  347-2  Sec. 2001.142.  NOTIFICATION OF DECISIONS AND ORDERS
  347-3  Sec. 2001.143.  TIME OF RENDERING DECISION
  347-4  Sec. 2001.144.  DECISIONS; WHEN FINAL
  347-5  Sec. 2001.145.  MOTIONS FOR REHEARING:  PREREQUISITES TO
  347-6                    APPEAL
  347-7  Sec. 2001.146.  MOTIONS FOR REHEARING:  PROCEDURES
  347-8  Sec. 2001.147.  AGREEMENT TO MODIFY TIME LIMITS
  347-9        (Sections 2001.148 to 2001.170 reserved for expansion)
 347-10           SUBCHAPTER G.  CONTESTED CASES:  JUDICIAL REVIEW
 347-11  Sec. 2001.171.  JUDICIAL REVIEW
 347-12  Sec. 2001.172.  SCOPE OF JUDICIAL REVIEW
 347-13  Sec. 2001.173.  TRIAL DE NOVO REVIEW
 347-14  Sec. 2001.174.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR
 347-15                    UNDEFINED SCOPE OF REVIEW
 347-16  Sec. 2001.175.  PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE
 347-17                    RULE OR UNDEFINED SCOPE OF REVIEW
 347-18  Sec. 2001.176.  PETITION INITIATING JUDICIAL REVIEW
 347-19  Sec. 2001.177.  COST OF PREPARING AGENCY RECORD
 347-20  Sec. 2001.178.  CUMULATIVE EFFECT
 347-21        (Sections 2001.179 to 2001.200 reserved for expansion)
 347-22                   SUBCHAPTER H.  COURT ENFORCEMENT
 347-23  Sec. 2001.201.  COURT ENFORCEMENT OF SUBPOENA OR COMMISSION
 347-24  Sec. 2001.202.  COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS,
 347-25                    AND RULES
 347-26        (Sections 2001.203 to 2001.220 reserved for expansion)
 347-27                       SUBCHAPTER I.  EXCEPTIONS
  348-1  Sec. 2001.221.  DRIVER'S LICENSES
  348-2  Sec. 2001.222.  STATE AGENCY PERSONNEL RULES AND PRACTICES
  348-3  Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
  348-4                    ENFORCEMENT, AND CONTESTED CASE PROVISIONS
  348-5  Sec. 2001.224.  TEXAS EMPLOYMENT COMMISSION
  348-6  Sec. 2001.225.  CERTAIN ALCOHOLIC BEVERAGE CODE APPEALS
  348-7        (Sections 2001.226 to 2001.900 reserved for expansion)
  348-8                     SUBCHAPTER Z.  MISCELLANEOUS
  348-9  Sec. 2001.901.  APPEAL FROM DISTRICT COURT
 348-10  Sec. 2001.902.  SAVING CLAUSE
 348-11                     TITLE 10.  GENERAL GOVERNMENT
 348-12          SUBTITLE A.  ADMINISTRATIVE PROCEDURE AND PRACTICE
 348-13                CHAPTER 2001.  ADMINISTRATIVE PROCEDURE
 348-14                   SUBCHAPTER A.  GENERAL PROVISIONS
 348-15        Sec. 2001.001.  PURPOSE.  It is the public policy of the
 348-16  state through this chapter to:
 348-17              (1)  provide minimum standards of uniform practice and
 348-18  procedure for state agencies;
 348-19              (2)  provide for public participation in the rulemaking
 348-20  process; and
 348-21              (3)  restate the law of judicial review of state agency
 348-22  action.  (V.A.C.S. Art. 6252-13a, Sec. 1.)
 348-23        Sec. 2001.002.  SHORT TITLE.  This chapter may be cited as
 348-24  the Administrative Procedure Act.  (V.A.C.S. Art. 6252-13a, Sec.
 348-25  2.)
 348-26        Sec. 2001.003.  DEFINITIONS.  In this chapter:
 348-27              (1)  "Contested case" means a proceeding, including a
  349-1  ratemaking or licensing proceeding, in which the legal rights,
  349-2  duties, or privileges of a party are to be determined by a state
  349-3  agency after an opportunity for adjudicative hearing.
  349-4              (2)  "License" includes the whole or a part of a state
  349-5  agency permit, certificate, approval, registration, or similar form
  349-6  of permission required by law.
  349-7              (3)  "Licensing" includes a state agency process
  349-8  relating to the granting, denial, renewal, revocation, suspension,
  349-9  annulment, withdrawal, or amendment of a license.
 349-10              (4)  "Party" means a person or state agency named or
 349-11  admitted as a party.
 349-12              (5)  "Person" means an individual, partnership,
 349-13  corporation, association, governmental subdivision, or public or
 349-14  private organization that is not a state agency.
 349-15              (6)  "Rule":
 349-16                    (A)  means a state agency statement of general
 349-17  applicability that:
 349-18                          (i)  implements, interprets, or prescribes
 349-19  law or policy; or
 349-20                          (ii)  describes the procedure or practice
 349-21  requirements of a state agency;
 349-22                    (B)  includes the amendment or repeal of a prior
 349-23  rule; and
 349-24                    (C)  does not include a statement regarding only
 349-25  the internal management or organization of a state agency and not
 349-26  affecting private rights or procedures.
 349-27              (7)  "State agency" means a state officer, board,
  350-1  commission, or department with statewide jurisdiction that makes
  350-2  rules or determines contested cases.  The term includes the State
  350-3  Office of Administrative Hearings for the purpose of determining
  350-4  contested cases.  The term does not include:
  350-5                    (A)  a state agency wholly financed by federal
  350-6  money;
  350-7                    (B)  the legislature;
  350-8                    (C)  the courts;
  350-9                    (D)  the Texas Workers' Compensation Commission;
 350-10  or
 350-11                    (E)  an institution of higher education.
 350-12  (V.A.C.S. Art. 6252-13a, Sec. 3 (part).)
 350-13        Sec. 2001.004.  REQUIREMENT TO ADOPT RULES OF PRACTICE AND
 350-14  INDEX RULES, ORDERS, AND DECISIONS.  In addition to other
 350-15  requirements under law, a state agency shall:
 350-16              (1)  adopt rules of practice stating the nature and
 350-17  requirements of all available formal and informal procedures;
 350-18              (2)  index, cross-index to statute, and make available
 350-19  for public inspection all rules and other written statements of
 350-20  policy or interpretations that are prepared, adopted, or used by
 350-21  the agency in discharging its functions; and
 350-22              (3)  index, cross-index to statute, and make available
 350-23  for public inspection all final orders, decisions, and opinions.
 350-24  (V.A.C.S. Art. 6252-13a, Sec. 4(a).)
 350-25        Sec. 2001.005.  RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL
 350-26  INDEXED.  (a)  A state agency rule, order, or decision made or
 350-27  issued on or after January 1, 1976, is not valid or effective
  351-1  against a person or party, and may not be invoked by an agency,
  351-2  until the agency has indexed the rule, order, or decision and made
  351-3  it available for public inspection as required by this chapter.
  351-4        (b)  This section does not apply in favor of a person or
  351-5  party that has actual knowledge of the rule, order, or decision.
  351-6  (V.A.C.S. Art. 6252-13a, Sec. 4(b).)
  351-7        (Sections 2001.006 to 2001.020 reserved for expansion)
  351-8                       SUBCHAPTER B.  RULEMAKING
  351-9        Sec. 2001.021.  PETITION FOR ADOPTION OF RULES.  (a)  An
 351-10  interested person by petition to a state agency may request the
 351-11  adoption of a rule.
 351-12        (b)  A state agency by rule shall prescribe the form for a
 351-13  petition under this section and the procedure for its submission,
 351-14  consideration, and disposition.
 351-15        (c)  Not later than the 60th day after the date of submission
 351-16  of a petition under this section, a state agency shall:
 351-17              (1)  deny the petition in writing, stating its reasons
 351-18  for the denial; or
 351-19              (2)  initiate a rulemaking proceeding under this
 351-20  subchapter.  (V.A.C.S. Art. 6252-13a, Sec. 11.)
 351-21        Sec. 2001.022.  LOCAL EMPLOYMENT IMPACT STATEMENTS.  (a)  At
 351-22  the request of a state agency, the Texas Employment Commission
 351-23  shall prepare a local employment impact statement for a proposed
 351-24  rule.  The impact statement must describe in detail the probable
 351-25  effect of the rule on employment in each geographic area affected
 351-26  by the rule for each year of the first five years that the rule
 351-27  will be in effect and may include other factors at the commission's
  352-1  discretion.
  352-2        (b)  A state agency shall determine whether a rule may affect
  352-3  a local economy before proposing the rule for adoption.  If a state
  352-4  agency determines that a proposed rule may affect a local economy,
  352-5  the agency shall submit to the commission a copy of the proposed
  352-6  rule and other initial information that the commission requires on
  352-7  a form prescribed by the commission.
  352-8        (c)  A state agency shall submit a proposed rule to the
  352-9  commission under this section not later than the 30th day before
 352-10  the date on which the agency files notice of the proposed rule with
 352-11  the secretary of state.
 352-12        (d)  A state agency shall designate a liaison to furnish
 352-13  information requested by the commission during preparation of a
 352-14  local employment impact statement.
 352-15        (e)  The commission shall deliver the local employment impact
 352-16  statement to a state agency not later than the 25th day after the
 352-17  date on which the commission receives the proposed rule.  If the
 352-18  commission does not deliver the statement within this period, the
 352-19  proposed rule is presumed not to affect local employment.
 352-20        (f)  A local employment impact statement must show:
 352-21              (1)  the name and title of the commission employee or
 352-22  officer responsible for preparing or approving it; and
 352-23              (2)  the name and title of the state agency liaison.
 352-24        (g)  This section does not apply to the adoption of an
 352-25  emergency rule.
 352-26        (h)  Failure to comply with this section does not impair the
 352-27  legal effect of a rule adopted under this chapter.  (V.A.C.S. Art.
  353-1  6252-13a, Sec. 4A.)
  353-2        Sec. 2001.023.  NOTICE OF PROPOSED RULE.  (a)  A state agency
  353-3  shall give at least 30 days' notice of its intention to adopt a
  353-4  rule before it adopts the rule.
  353-5        (b)  A state agency shall file notice of the proposed rule
  353-6  with the secretary of state for publication in the Texas Register
  353-7  in the manner prescribed by Chapter 2002.  (V.A.C.S. Art. 6252-13a,
  353-8  Sec. 5(a) (part).)
  353-9        Sec. 2001.024.  CONTENT OF NOTICE.  The notice of a proposed
 353-10  rule must include:
 353-11              (1)  a brief explanation of the proposed rule;
 353-12              (2)  the text of the proposed rule, except any portion
 353-13  omitted under Section 2002.014, prepared in a manner to indicate
 353-14  any words to be added or deleted from the current text;
 353-15              (3)  a statement of the statutory or other authority
 353-16  under which the rule is proposed to be adopted, including:
 353-17                    (A)  a concise explanation of the particular
 353-18  statutory or other provisions under which the rule is proposed;
 353-19                    (B)  the section or article of the code affected;
 353-20  and
 353-21                    (C)  a certification that the proposed rule has
 353-22  been reviewed by legal counsel and found to be within the state
 353-23  agency's authority to adopt;
 353-24              (4)  a fiscal note showing the name and title of the
 353-25  officer or employee responsible for preparing or approving the note
 353-26  and stating for each year of the first five years that the rule
 353-27  will be in effect:
  354-1                    (A)  the additional estimated cost to the state
  354-2  and to local governments expected as a result of enforcing or
  354-3  administering the rule;
  354-4                    (B)  the estimated reductions in costs to the
  354-5  state and to local governments as a result of enforcing or
  354-6  administering the rule;
  354-7                    (C)  the estimated loss or increase in revenue to
  354-8  the state or to local governments as a result of enforcing or
  354-9  administering the rule; and
 354-10                    (D)  if applicable, that enforcing or
 354-11  administering the rule does not have foreseeable implications
 354-12  relating to cost or revenues of the state or local governments;
 354-13              (5)  a note about public benefits and costs showing the
 354-14  name and title of the officer or employee responsible for preparing
 354-15  or approving the note and stating for each year of the first five
 354-16  years that the rule will be in effect:
 354-17                    (A)  the public benefits expected as a result of
 354-18  adoption of the proposed rule; and
 354-19                    (B)  the probable economic cost to persons
 354-20  required to comply with the rule;
 354-21              (6)  the local employment impact statement prepared
 354-22  under Section 2001.022, if required;
 354-23              (7)  a request for comments on the proposed rule from
 354-24  any interested person; and
 354-25              (8)  any other statement required by law.  (V.A.C.S.
 354-26  Art. 6252-13a, Sec. 5(a) (part).)
 354-27        Sec. 2001.025.  EFFECTIVE DATE OF NOTICE.  Notice of a
  355-1  proposed rule becomes effective as notice when published in the
  355-2  Texas Register, except as provided by Section 2001.028.  (V.A.C.S.
  355-3  Art. 6252-13a, Sec. 5(b) (part).)
  355-4        Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE
  355-5  OF PROPOSED RULES.  A state agency shall mail notice of a proposed
  355-6  rule to each person who has made a timely written request of the
  355-7  agency for advance notice of its rulemaking proceedings.  Failure
  355-8  to mail the notice does not invalidate an action taken or rule
  355-9  adopted.  (V.A.C.S. Art. 6252-13a, Sec. 5(b) (part).)
 355-10        Sec. 2001.027.  WITHDRAWAL OF PROPOSED RULE.  A proposed rule
 355-11  is withdrawn six months after the date of publication of notice of
 355-12  the proposed rule in the Texas Register if a state agency has
 355-13  failed by that time to adopt, adopt as amended, or withdraw the
 355-14  proposed rule.  (V.A.C.S. Art. 6252-13a, Sec. 5(b) (part).)
 355-15        Sec. 2001.028.  NOTICE OF PROPOSED LAW ENFORCEMENT RULES.
 355-16  Notice of the adoption of a proposed rule by the Commission on Jail
 355-17  Standards or the Commission on Law Enforcement Officer Standards
 355-18  and Education that affects a law enforcement agency of the state or
 355-19  of a political subdivision of the state is not effective until the
 355-20  notice is:
 355-21              (1)  published as required by Section 2001.023; and
 355-22              (2)  mailed to each law enforcement agency that may be
 355-23  affected by the proposed rule.  (V.A.C.S. Art. 6252-13a, Sec.
 355-24  5(h).)
 355-25        Sec. 2001.029.  PUBLIC COMMENT.  (a)  Before adopting a rule,
 355-26  a state agency shall give all interested persons a reasonable
 355-27  opportunity to submit data, views, or arguments, orally or in
  356-1  writing.
  356-2        (b)  A state agency shall grant an opportunity for a public
  356-3  hearing before it adopts a substantive rule if a public hearing is
  356-4  requested by:
  356-5              (1)  at least 25 persons;
  356-6              (2)  a governmental subdivision or agency; or
  356-7              (3)  an association having at least 25 members.
  356-8        (c)  A state agency shall consider fully all written and oral
  356-9  submissions about a proposed rule.  (V.A.C.S. Art. 6252-13a, Sec.
 356-10  5(c) (part).)
 356-11        Sec. 2001.030.  STATEMENT OF REASONS FOR OR AGAINST ADOPTION.
 356-12  On adoption of a rule, a state agency, if requested to do so by an
 356-13  interested person either before adoption or not later than the 30th
 356-14  day after the date of adoption, shall issue a concise statement of
 356-15  the principal reasons for and against its adoption.  The agency
 356-16  shall include in the statement its reasons for overruling the
 356-17  considerations urged against adoption.  (V.A.C.S. Art. 6252-13a,
 356-18  Sec. 5(c) (part).)
 356-19        Sec. 2001.031.  INFORMAL CONFERENCES AND ADVISORY COMMITTEES.
 356-20  (a)  A state agency may use an informal conference or consultation
 356-21  to obtain the opinions and advice of interested persons about
 356-22  contemplated rulemaking.
 356-23        (b)  A state agency may appoint committees of experts or
 356-24  interested persons or representatives of the public to advise the
 356-25  agency about contemplated rulemaking.
 356-26        (c)  The power of a committee appointed under this section is
 356-27  advisory only.  (V.A.C.S. Art. 6252-13a, Sec. 5(f).)
  357-1        Sec. 2001.032.  LEGISLATIVE REVIEW.  (a)  Each house of the
  357-2  legislature by rule shall establish a process under which the
  357-3  presiding officer of each house refers each proposed state agency
  357-4  rule to the appropriate standing committee for review before the
  357-5  rule is adopted.
  357-6        (b)  A state agency shall deliver to the lieutenant governor
  357-7  and the speaker of the house of representatives a copy of the
  357-8  notice of a proposed rule when the agency files notice with the
  357-9  secretary of state under Section 2001.023.
 357-10        (c)  On the vote of a majority of its members, a standing
 357-11  committee may send to a state agency a statement supporting or
 357-12  opposing adoption of a proposed rule.  (V.A.C.S. Art. 6252-13a,
 357-13  Sec. 5(g).)
 357-14        Sec. 2001.033.  STATE AGENCY ORDER ADOPTING RULE.  A state
 357-15  agency order finally adopting a rule must include:
 357-16              (1)  a reasoned justification of the rule, including:
 357-17                    (A)  a summary of comments received from parties
 357-18  interested in the rule that shows the names of interested groups or
 357-19  associations offering comment on the rule and whether they were for
 357-20  or against its adoption;
 357-21                    (B)  a restatement of the rule's factual basis;
 357-22  and
 357-23                    (C)  the reasons why the agency disagrees with
 357-24  party submissions and proposals;
 357-25              (2)  a concise restatement of the particular statutory
 357-26  provisions under which the rule is adopted and of how the agency
 357-27  interprets the provisions as authorizing or requiring the rule; and
  358-1              (3)  a certification that the rule, as adopted, has
  358-2  been reviewed by legal counsel and found to be a valid exercise of
  358-3  the agency's legal authority.  (V.A.C.S. Art. 6252-13a, Sec.
  358-4  5(c-1).)
  358-5        Sec. 2001.034.  EMERGENCY RULEMAKING.  (a)  A state agency
  358-6  may adopt an emergency rule without prior notice or hearing, or
  358-7  with an abbreviated notice and a hearing that it finds practicable,
  358-8  if the agency:
  358-9              (1)  finds that an imminent peril to the public health,
 358-10  safety, or welfare, or a requirement of state or federal law,
 358-11  requires adoption of a rule on fewer than 30 days' notice; and
 358-12              (2)  states in writing the reasons for its finding
 358-13  under Subdivision (1).
 358-14        (b)  A state agency shall set forth in an emergency rule's
 358-15  preamble the finding required by Subsection (a).
 358-16        (c)  A rule adopted under this section may be effective for
 358-17  not longer than 120 days and may be renewed once for not longer
 358-18  than 60 days.  An identical rule may be adopted under Sections
 358-19  2001.023 and 2001.029.
 358-20        (d)  A state agency shall file an emergency rule adopted
 358-21  under this section and the agency's written reasons for the
 358-22  adoption in the office of the secretary of state for publication in
 358-23  the Texas Register in the manner prescribed by Chapter 2002.
 358-24  (V.A.C.S. Art. 6252-13a, Sec. 5(d).)
 358-25        Sec. 2001.035.  SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME
 358-26  LIMIT ON PROCEDURAL CHALLENGE.  (a)  A rule adopted after January
 358-27  1, 1976, is not valid unless a state agency adopts it in
  359-1  substantial compliance with Sections 2001.023 through 2001.034.
  359-2        (b)  A person must initiate a proceeding to contest a rule on
  359-3  the ground of noncompliance with the procedural requirements of
  359-4  Sections 2001.023 through 2001.034 not later than the second
  359-5  anniversary of the effective date of the rule.  (V.A.C.S. Art.
  359-6  6252-13a, Sec. 5(e).)
  359-7        Sec. 2001.036.  EFFECTIVE DATE OF RULES; EFFECT OF FILING
  359-8  WITH SECRETARY OF STATE.  (a)  A rule takes effect 20 days after
  359-9  the date on which it is filed in the office of the secretary of
 359-10  state, except that:
 359-11              (1)  if a later date is required by statute or
 359-12  specified in the rule, the later date is the effective date;
 359-13              (2)  if a state agency finds that an expedited
 359-14  effective date is necessary because of imminent peril to the public
 359-15  health, safety, or welfare, and subject to applicable
 359-16  constitutional or statutory provisions, a rule is effective
 359-17  immediately on filing with the secretary of state, or on a stated
 359-18  date less than 20 days after the filing date; and
 359-19              (3)  if a federal statute or regulation requires that a
 359-20  state agency implement a rule by a certain date, the rule is
 359-21  effective on the prescribed date.
 359-22        (b)  A state agency shall file with its rule the finding
 359-23  described by Subsection (a)(2), if applicable, and a brief
 359-24  statement of the reasons for the finding.  The agency shall take
 359-25  appropriate measures to make emergency rules known to persons who
 359-26  may be affected by them.
 359-27        (c)  A rule adopted as provided by Subsection (a)(3) shall be
  360-1  filed in the office of the secretary of state and published in the
  360-2  Texas Register.  (V.A.C.S. Art. 6252-13a, Sec. 10.)
  360-3        Sec. 2001.037.  OFFICIAL TEXT OF RULE.  If a conflict exists,
  360-4  the official text of a rule is the text on file with the secretary
  360-5  of state and not the text published in the Texas Register or on
  360-6  file with the issuing state agency.  (V.A.C.S. Art. 6252-13a, Sec.
  360-7  8(b).)
  360-8        Sec. 2001.038.  DECLARATORY JUDGMENT.  (a)  The validity or
  360-9  applicability of a rule, including an emergency rule adopted under
 360-10  Section 2001.034, may be determined in an action for declaratory
 360-11  judgment if it is alleged that the rule or its threatened
 360-12  application interferes with or impairs, or threatens to interfere
 360-13  with or impair, a legal right or privilege of the plaintiff.
 360-14        (b)  The action may be brought only in a Travis County
 360-15  district court.
 360-16        (c)  The state agency must be made a party to the action.
 360-17        (d)  A court may render a declaratory judgment without regard
 360-18  to whether the plaintiff requested the state agency to rule on the
 360-19  validity or applicability of the rule in question.
 360-20        (e)  An action brought under this section may not be used to
 360-21  delay or stay a hearing in which a suspension, revocation, or
 360-22  cancellation of a license by a state agency is at issue before the
 360-23  agency after notice of the hearing has been given.  (V.A.C.S. Art.
 360-24  6252-13a, Sec. 12.)
 360-25        (Sections 2001.039 to 2001.050 reserved for expansion)
 360-26    SUBCHAPTER C.  CONTESTED CASES:  GENERAL RIGHTS AND PROCEDURES
 360-27        Sec. 2001.051.  OPPORTUNITY FOR HEARING AND PARTICIPATION;
  361-1  NOTICE OF HEARING.  In a contested case, each party is entitled to
  361-2  an opportunity:
  361-3              (1)  for hearing after reasonable notice of not less
  361-4  than 10 days; and
  361-5              (2)  to respond and to present evidence and argument on
  361-6  each issue involved in the case.  (V.A.C.S. Art. 6252-13a, Secs.
  361-7  13(a), (d).)
  361-8        Sec. 2001.052.  CONTENTS OF NOTICE.  (a)  Notice of a hearing
  361-9  in a contested case must include:
 361-10              (1)  a statement of the time, place, and nature of the
 361-11  hearing;
 361-12              (2)  a statement of the legal authority and
 361-13  jurisdiction under which the hearing is to be held;
 361-14              (3)  a reference to the particular sections of the
 361-15  statutes and rules involved; and
 361-16              (4)  a short, plain statement of the matters asserted.
 361-17        (b)  If a state agency or other party is unable to state
 361-18  matters in detail at the time notice under this section is served,
 361-19  an initial notice may be limited to a statement of the issues
 361-20  involved.  On timely written application, a more definite and
 361-21  detailed statement shall be furnished not less than three days
 361-22  before the date set for the hearing.  (V.A.C.S. Art. 6252-13a,
 361-23  Secs. 13(b), (c).)
 361-24        Sec. 2001.053.  RIGHT TO COUNSEL.  (a)  Each party to a
 361-25  contested case is entitled to the assistance of counsel before a
 361-26  state agency.
 361-27        (b)  A party may expressly waive the right to assistance of
  362-1  counsel.  (V.A.C.S. Art. 6252-13a, Sec. 14(r).)
  362-2        Sec. 2001.054.  LICENSES.  (a)  The provisions of this
  362-3  chapter concerning contested cases apply to the grant, denial, or
  362-4  renewal of a license that is required to be preceded by notice and
  362-5  opportunity for hearing.
  362-6        (b)  If a license holder makes timely and sufficient
  362-7  application for the renewal of a license or for a new license for
  362-8  an activity of a continuing nature, the existing license does not
  362-9  expire until the application has been finally determined by the
 362-10  state agency.  If the application is denied or the terms of the new
 362-11  license are limited, the existing license does not expire until the
 362-12  last day for seeking review of the agency order or a later date
 362-13  fixed by order of the reviewing court.
 362-14        (c)  A revocation, suspension, annulment, or withdrawal of a
 362-15  license is not effective unless, before institution of state agency
 362-16  proceedings:
 362-17              (1)  the agency gives notice by personal service or by
 362-18  registered or certified mail to the license holder of facts or
 362-19  conduct alleged to warrant the intended action; and
 362-20              (2)  the license holder is given an opportunity to show
 362-21  compliance with all requirements of law for the retention of the
 362-22  license.  (V.A.C.S. Art. 6252-13a, Sec. 18.)
 362-23        Sec. 2001.055.  INTERPRETERS FOR DEAF OR HEARING IMPAIRED
 362-24  PARTIES AND WITNESSES.  (a)  In a contested case, a state agency
 362-25  shall provide an interpreter whose qualifications are approved by
 362-26  the Texas Commission for the Deaf and Hearing Impaired to interpret
 362-27  the proceedings for a party or subpoenaed witness who is deaf or
  363-1  hearing impaired.
  363-2        (b)  In this section, "deaf or hearing impaired" means having
  363-3  a hearing impairment, whether or not accompanied by a speech
  363-4  impairment, that inhibits comprehension of the proceedings or
  363-5  communication with others.  (V.A.C.S. Art. 6252-13a, Sec. 13A.)
  363-6        Sec. 2001.056.  INFORMAL DISPOSITION OF CONTESTED CASE.
  363-7  Unless precluded by law, an informal disposition may be made of a
  363-8  contested case by:
  363-9              (1)  stipulation;
 363-10              (2)  agreed settlement;
 363-11              (3)  consent order; or
 363-12              (4)  default.  (V.A.C.S. Art. 6252-13a, Sec. 13(e).)
 363-13        Sec. 2001.057.  CONTINUANCES.  (a)  A state agency may
 363-14  continue a hearing in a contested case from time to time and from
 363-15  place to place.
 363-16        (b)  The notice of the hearing must indicate the times and
 363-17  places at which the hearing may be continued.
 363-18        (c)  If a hearing is not concluded on the day it begins, a
 363-19  state agency shall, to the extent possible, proceed with the
 363-20  hearing on each subsequent working day until the hearing is
 363-21  concluded.  (V.A.C.S. Art. 6252-13a, Sec. 13(i).)
 363-22        Sec. 2001.058.  HEARING CONDUCTED BY STATE OFFICE OF
 363-23  ADMINISTRATIVE HEARINGS.  (a)  This section applies only to an
 363-24  administrative law judge employed by the State Office of
 363-25  Administrative Hearings.
 363-26        (b)  An administrative law judge who conducts a contested
 363-27  case hearing shall consider applicable agency rules or policies in
  364-1  conducting the hearing, but the state agency deciding the case may
  364-2  not supervise the administrative law judge.
  364-3        (c)  A state agency shall provide the administrative law
  364-4  judge with a written statement of applicable rules or policies.
  364-5        (d)  A state agency may not attempt to influence the finding
  364-6  of facts or the administrative law judge's application of the law
  364-7  in a contested case except by proper evidence and legal argument.
  364-8        (e)  A state agency may change a finding of fact or
  364-9  conclusion of law made by the administrative law judge, or may
 364-10  vacate or modify an order issued by the administrative judge, only
 364-11  for reasons of policy.  The agency shall state in writing the
 364-12  reason and legal basis for a change made under this subsection.
 364-13  (V.A.C.S. Art. 6252-13a, Sec. 13(j).)
 364-14        Sec. 2001.059.  TRANSCRIPT.  (a)  On the written request of a
 364-15  party to a contested case, proceedings, or any part of the
 364-16  proceedings, shall be transcribed.
 364-17        (b)  A state agency may pay the cost of a transcript or may
 364-18  assess the cost to one or more parties.
 364-19        (c)  This chapter does not limit a state agency to a
 364-20  stenographic record of proceedings.  (V.A.C.S. Art. 6252-13a, Sec.
 364-21  13(g).)
 364-22        Sec. 2001.060.  RECORD.  The record in a contested case
 364-23  includes:
 364-24              (1)  each pleading, motion, and intermediate ruling;
 364-25              (2)  evidence received or considered;
 364-26              (3)  a statement of matters officially noticed;
 364-27              (4)  questions and offers of proof, objections, and
  365-1  rulings on them;
  365-2              (5)  proposed findings and exceptions;
  365-3              (6)  each decision, opinion, or report by the officer
  365-4  presiding at the hearing; and
  365-5              (7)  all staff memoranda or data submitted to or
  365-6  considered by the hearing officer or members of the agency who are
  365-7  involved in making the decision.  (V.A.C.S. Art. 6252-13a, Sec.
  365-8  13(f).)
  365-9        Sec. 2001.061.  EX PARTE CONSULTATIONS.  (a)  Unless required
 365-10  for the disposition of an ex parte matter authorized by law, a
 365-11  member or employee of a state agency assigned to render a decision
 365-12  or to make findings of fact and conclusions of law in a contested
 365-13  case may not directly or indirectly communicate in connection with
 365-14  an issue of fact or law with a state agency, person, party, or a
 365-15  representative of those entities, except on notice and opportunity
 365-16  for each party to participate.
 365-17        (b)  A state agency member may communicate ex parte with
 365-18  another member of the agency unless prohibited by other law.
 365-19        (c)  Under Section 2001.090, a member or employee of a state
 365-20  agency assigned to render a decision or to make findings of fact
 365-21  and conclusions of law in a contested case may communicate ex parte
 365-22  with an agency employee who has not participated in a hearing in
 365-23  the case for the purpose of using the special skills or knowledge
 365-24  of the agency and its staff in evaluating the evidence.  (V.A.C.S.
 365-25  Art. 6252-13a, Sec. 17.)
 365-26        Sec. 2001.062.  EXAMINATION OF RECORD BY STATE AGENCY;
 365-27  PROPOSAL FOR DECISION.  (a)  In a contested case, if a majority of
  366-1  the state agency officials who are to render a final decision have
  366-2  not heard the case or read the record, the decision, if adverse to
  366-3  a party other than the agency itself, may not be made until:
  366-4              (1)  a proposal for decision is served on each party;
  366-5  and
  366-6              (2)  an opportunity is given to each adversely affected
  366-7  party to file exceptions and present briefs to the officials who
  366-8  are to render the decision.
  366-9        (b)  If a party files exceptions or presents briefs, an
 366-10  opportunity shall be given to each other party to file replies to
 366-11  the exceptions or briefs.
 366-12        (c)  A proposal for decision must contain a statement of the
 366-13  reasons for the proposed decision and of each finding of fact and
 366-14  conclusion of law necessary to the proposed decision.  The
 366-15  statement must be prepared by the individual who conducted the
 366-16  hearing or by one who has read the record.
 366-17        (d)  A proposal for decision may be amended in response to
 366-18  exceptions, replies, or briefs submitted by the parties without
 366-19  again being served on the parties.
 366-20        (e)  The parties by written stipulation may waive compliance
 366-21  with this section.  (V.A.C.S. Art. 6252-13a, Sec. 15.)
 366-22        (Sections 2001.063 to 2001.080 reserved for expansion)
 366-23         SUBCHAPTER D.  CONTESTED CASES:  EVIDENCE, WITNESSES,
 366-24                             AND DISCOVERY
 366-25        Sec. 2001.081.  RULES OF EVIDENCE.  The rules of evidence as
 366-26  applied in a nonjury civil case in a district court of this state
 366-27  shall apply to a contested case except that evidence inadmissible
  367-1  under those rules may be admitted if the evidence is:
  367-2              (1)  necessary to ascertain facts not reasonably
  367-3  susceptible of proof under those rules;
  367-4              (2)  not precluded by statute; and
  367-5              (3)  of a type on which a reasonably prudent person
  367-6  commonly relies in the conduct of the person's affairs.  (V.A.C.S.
  367-7  Art. 6252-13a, Sec. 14(a) (part).)
  367-8        Sec. 2001.082.  EXCLUSION OF EVIDENCE.  In a contested case,
  367-9  evidence that is irrelevant, immaterial, or unduly repetitious
 367-10  shall be excluded.  (V.A.C.S. Art. 6252-13a, Sec. 14(a) (part).)
 367-11        Sec. 2001.083.  PRIVILEGE.  In a contested case, a state
 367-12  agency shall give effect to the rules of privilege recognized by
 367-13  law.  (V.A.C.S. Art. 6252-13a, Sec. 14(a) (part).)
 367-14        Sec. 2001.084.  OBJECTIONS TO EVIDENCE.  An objection to an
 367-15  evidentiary offer in a contested case may be made and shall be
 367-16  noted in the record.  (V.A.C.S. Art. 6252-13a, Sec. 14(a) (part).)
 367-17        Sec. 2001.085.  WRITTEN EVIDENCE.  Subject to the
 367-18  requirements of Sections 2001.081 through 2001.084, any part of the
 367-19  evidence in a contested case may be received in writing if:
 367-20              (1)  a hearing will be expedited; and
 367-21              (2)  the interests of the parties will not be
 367-22  substantially prejudiced.  (V.A.C.S. Art. 6252-13a, Sec. 14(a)
 367-23  (part).)
 367-24        Sec. 2001.086.  DOCUMENTARY EVIDENCE.  A copy or excerpt of
 367-25  documentary evidence may be received in a contested case if an
 367-26  original document is not readily available.  On request, a party
 367-27  shall be given an opportunity to compare the copy or excerpt with
  368-1  the original document.  (V.A.C.S. Art. 6252-13a, Sec. 14(o).)
  368-2        Sec. 2001.087.  CROSS-EXAMINATION.  In a contested case, a
  368-3  party may conduct cross-examination required for a full and true
  368-4  disclosure of the facts.  (V.A.C.S. Art. 6252-13a, Sec. 14(p).)
  368-5        Sec. 2001.088.  WITNESSES.  A state agency may swear
  368-6  witnesses and take their testimony under oath in connection with a
  368-7  contested case held under this chapter.  (V.A.C.S. Art. 6252-13a,
  368-8  Sec. 14(b).)
  368-9        Sec. 2001.089.  ISSUANCE OF SUBPOENA.  On its own motion or
 368-10  on the written request of a party to a contested case pending
 368-11  before it, a state agency shall issue a subpoena addressed to the
 368-12  sheriff or to a constable to require the attendance of a witness or
 368-13  the production of books, records, papers, or other objects that may
 368-14  be necessary and proper for the purposes of a proceeding if:
 368-15              (1)  good cause is shown; and
 368-16              (2)  an amount is deposited that will reasonably ensure
 368-17  payment of the amounts estimated to accrue under Section 2001.103.
 368-18  (V.A.C.S. Art. 6252-13a, Sec. 14(c).)
 368-19        Sec. 2001.090.  OFFICIAL NOTICE; STATE AGENCY EVALUATION OF
 368-20  EVIDENCE.  (a)  In connection with a  hearing held under this
 368-21  chapter, official notice may be taken of:
 368-22              (1)  all facts that are judicially cognizable; and
 368-23              (2)  generally recognized facts within the area of the
 368-24  state agency's specialized knowledge.
 368-25        (b)  Each party shall be notified either before or during the
 368-26  hearing, or by reference in a preliminary report or otherwise, of
 368-27  the material officially noticed, including staff memoranda or
  369-1  information.
  369-2        (c)  Each party is entitled to be given an opportunity to
  369-3  contest material that is officially noticed.
  369-4        (d)  The special skills or knowledge of the state agency and
  369-5  its staff may be used in evaluating the evidence.  (V.A.C.S. Art.
  369-6  6252-13a, Sec. 14(q).)
  369-7        Sec. 2001.091.  DISCOVERY FROM PARTIES:  ORDERS FOR
  369-8  PRODUCTION OR INSPECTION.  (a)  On the motion of a party, on notice
  369-9  to each other party, and subject to limitations of the kind
 369-10  provided for discovery under the Texas Rules of Civil Procedure, a
 369-11  state agency in which a contested case is pending may order a
 369-12  party:
 369-13              (1)  to produce and to permit the party making the
 369-14  motion or a person on behalf of that party to inspect and to copy
 369-15  or photograph a designated document, paper, book, account, letter,
 369-16  photograph, or tangible thing in the party's possession, custody,
 369-17  or control that:
 369-18                    (A)  is not privileged; and
 369-19                    (B)  constitutes or contains, or is reasonably
 369-20  calculated to lead to the discovery of, evidence that is material
 369-21  to a matter involved in the contested case; and
 369-22              (2)  to permit entry to designated land or other
 369-23  property in the party's possession or control to inspect, measure,
 369-24  survey, or photograph the property or a designated object or
 369-25  operation on the property that may be material to a matter involved
 369-26  in the contested case.
 369-27        (b)  An order under this section:
  370-1              (1)  must specify the time, place, and manner of making
  370-2  the inspection, measurement, or survey or of making copies or
  370-3  photographs; and
  370-4              (2)  may prescribe other terms and conditions that are
  370-5  just.  (V.A.C.S. Art. 6252-13a, Secs. 14a(a), (b).)
  370-6        Sec. 2001.092.  DISCOVERY FROM PARTIES:  IDENTITY OF WITNESS
  370-7  OR POTENTIAL PARTY; EXPERT REPORTS.  (a)  The identity and location
  370-8  of a potential party or witness in a contested case may be obtained
  370-9  from a communication or other paper in a party's possession,
 370-10  custody, or control.
 370-11        (b)  A party may be required to produce and permit the
 370-12  inspection and copying of a report, including factual observations
 370-13  and opinions, of an expert who will be called as a witness.
 370-14        (c)  This section does not extend to other communications:
 370-15              (1)  made after the occurrence or transaction on which
 370-16  the contested case is based;
 370-17              (2)  made in connection with the prosecution,
 370-18  investigation, or defense of the contested case or the
 370-19  circumstances from which the case arose; and
 370-20              (3)  that are:
 370-21                    (A)  written statements of witnesses;
 370-22                    (B)  in writing and between agents,
 370-23  representatives, or employees of a party; or
 370-24                    (C)  between a party and the party's agent,
 370-25  representative, or employee.  (V.A.C.S. Art. 6252-13a,
 370-26  Sec. 14a(c).)
 370-27        Sec. 2001.093.  DISCOVERY FROM PARTIES:  COPY OF PREVIOUS
  371-1  STATEMENT.  (a)  On request, a person, including a person who is
  371-2  not a party, is entitled to obtain a copy of a statement in a
  371-3  party's possession, custody, or control that the person has
  371-4  previously made about the contested case or its subject matter.
  371-5        (b)  A person whose request under Subsection (a) is refused
  371-6  may move for a state agency order under Section 2001.091.
  371-7        (c)  In this section, a statement is considered to be
  371-8  previously made if it is:
  371-9              (1)  a written statement signed or otherwise adopted or
 371-10  approved by the person making it; or
 371-11              (2)  a stenographic, mechanical, electrical, or other
 371-12  recording, or a transcription of the recording, which is a
 371-13  substantially verbatim recital of an oral statement by the person
 371-14  making it and that was contemporaneously recorded.  (V.A.C.S. Art.
 371-15  6252-13a, Sec. 14a(d).)
 371-16        Sec. 2001.094.  ISSUANCE OF COMMISSION REQUIRING DEPOSITION.
 371-17  (a)  On its own motion or on the written request of a party to a
 371-18  contested case pending before it, and on deposit of an amount that
 371-19  will reasonably ensure payment of the amount estimated to accrue
 371-20  under Section 2001.103, a state agency shall issue a commission,
 371-21  addressed to the officers authorized by statute to take a
 371-22  deposition, requiring that the deposition of a witness be taken.
 371-23        (b)  The commission shall authorize the issuance of any
 371-24  subpoena necessary to require that the witness appear and produce,
 371-25  at the time the deposition is taken, books, records, papers, or
 371-26  other objects that may be necessary and proper for the purpose of
 371-27  the proceeding.
  372-1        (c)  The commission shall require an officer to whom it is
  372-2  addressed to:
  372-3              (1)  examine the witness before the officer on the date
  372-4  and at the place named in the commission; and
  372-5              (2)  take answers under oath to questions asked the
  372-6  witness by a party to the proceeding, the state agency, or an
  372-7  attorney for a party or the agency.
  372-8        (d)  The commission shall require the witness to remain in
  372-9  attendance from day to day until the deposition is begun and
 372-10  completed.  (V.A.C.S. Art. 6252-13a, Secs. 14(d) (part), (e)
 372-11  (part).)
 372-12        Sec. 2001.095.  DEPOSITION OF STATE AGENCY BOARD MEMBER.  The
 372-13  deposition of a member of a state agency board may not be taken
 372-14  after a date has been set for hearing in a contested case.
 372-15  (V.A.C.S. Art. 6252-13a, Sec. 14(d) (part).)
 372-16        Sec. 2001.096.  PLACE OF DEPOSITION.  A deposition in a
 372-17  contested case shall be taken in the county where the witness:
 372-18              (1)  resides;
 372-19              (2)  is employed; or
 372-20              (3)  regularly transacts business in person.  (V.A.C.S.
 372-21  Art. 6252-13a, Sec. 14(e) (part).)
 372-22        Sec. 2001.097.  OBJECTIONS TO DEPOSITION TESTIMONY.  (a)  The
 372-23  officer taking an oral deposition in a contested case may not:
 372-24              (1)  sustain an objection to the testimony taken; or
 372-25              (2)  exclude testimony.
 372-26        (b)  An objection to deposition testimony is reserved for the
 372-27  action of the state agency before which the matter is pending.
  373-1        (c)  The administrator or other officer conducting the
  373-2  contested case hearing may consider objections other than those
  373-3  made at the taking of the testimony.  (V.A.C.S. Art. 6252-13a, Sec.
  373-4  14(g).)
  373-5        Sec. 2001.098.  PREPARATION OF DEPOSITION.  (a)  A deposition
  373-6  witness in a contested case shall be carefully examined.
  373-7        (b)  The testimony shall be reduced to writing or typewriting
  373-8  by the officer taking the deposition, a person under the officer's
  373-9  personal supervision, or the deposition witness in the officer's
 373-10  presence.  (V.A.C.S. Art. 6252-13a, Sec. 14(f).)
 373-11        Sec. 2001.099.  SUBMISSION OF DEPOSITION TO WITNESS;
 373-12  SIGNATURE.  (a)  A deposition in a contested case shall be
 373-13  submitted to the witness for examination after the testimony is
 373-14  fully transcribed and shall be read to or by the witness.
 373-15        (b)  The witness and the parties may waive in writing the
 373-16  examination and reading of a deposition under Subsection (a).
 373-17        (c)  If the witness is a party to the contested case pending
 373-18  before the agency with an attorney of record, the deposition
 373-19  officer shall notify the attorney of record in writing by
 373-20  registered or certified mail that the deposition is ready for
 373-21  examination and reading at the office of the deposition officer and
 373-22  that if the witness does not appear and examine, read, and sign the
 373-23  deposition before the 21st day after the date on which the notice
 373-24  is mailed, the deposition shall be returned as provided by this
 373-25  subchapter for unsigned depositions.
 373-26        (d)  A witness must sign a deposition at least three days
 373-27  before the date of the hearing or the deposition shall be returned
  374-1  as an unsigned deposition as provided by this subchapter.
  374-2        (e)  The officer taking a deposition shall enter on the
  374-3  deposition:
  374-4              (1)  a change in form or substance that the witness
  374-5  desires to make; and
  374-6              (2)  a statement of the reasons given by the witness
  374-7  for making the change.
  374-8        (f)  After the deposition officer has entered any change and
  374-9  a statement of reasons for the change on the deposition under
 374-10  Subsection (e), the witness shall sign the deposition unless:
 374-11              (1)  the parties present at the taking of the
 374-12  deposition by stipulation waive the signing;
 374-13              (2)  the witness is ill;
 374-14              (3)  the witness cannot be found; or
 374-15              (4)  the witness refuses to sign.
 374-16        (g)  If a deposition is not signed by the witness, the
 374-17  officer shall sign it and state on the record the fact of the
 374-18  witness's waiver, illness, absence, or refusal to sign and the
 374-19  reason given, if any, for failure to sign.  The deposition may then
 374-20  be used as though signed by the witness.  (V.A.C.S. Art. 6252-13a,
 374-21  Sec. 14(h).)
 374-22        Sec. 2001.100.  RETURN OF DEPOSITION TO STATE AGENCY.  (a)  A
 374-23  deposition may be returned to the state agency before which the
 374-24  contested case is pending by mail or by a party interested in
 374-25  taking the deposition or another person.
 374-26        (b)  For a deposition returned by mail, the state agency
 374-27  shall:
  375-1              (1)  endorse on the deposition the fact that it was
  375-2  received from the post office; and
  375-3              (2)  have it signed by the agency employee receiving
  375-4  the deposition.
  375-5        (c)  For a deposition returned by means other than mail, the
  375-6  person delivering it to the state agency shall execute an affidavit
  375-7  before the agency stating that:
  375-8              (1)  the person received it from the hands of the
  375-9  officer before whom it was taken;
 375-10              (2)  it has not been out of the person's possession
 375-11  since the person received it; and
 375-12              (3)  it has not been altered.  (V.A.C.S. Art. 6252-13a,
 375-13  Sec. 14(i).)
 375-14        Sec. 2001.101.  OPENING OF DEPOSITION BY STATE AGENCY
 375-15  EMPLOYEE.  (a)  At the request of a party or the party's counsel, a
 375-16  deposition in a contested case that is filed with a state agency
 375-17  may be opened by an employee of the agency.
 375-18        (b)  A state agency employee who opens a deposition shall:
 375-19              (1)  endorse on the deposition the day and at whose
 375-20  request it was opened; and
 375-21              (2)  sign the deposition.
 375-22        (c)  The deposition shall remain on file with the state
 375-23  agency for the inspection of any party.  (V.A.C.S. Art. 6252-13a,
 375-24  Sec. 14(j).)
 375-25        Sec. 2001.102.  USE OF DEPOSITION.  A party is entitled to
 375-26  use a deposition taken under this subchapter in the contested case
 375-27  pending before the state agency without regard to whether a
  376-1  cross-interrogatory has been propounded.  (V.A.C.S. Art. 6252-13a,
  376-2  Sec. 14(k).)
  376-3        Sec. 2001.103.  MILEAGE AND PER DIEM OF WITNESS OR DEPONENT.
  376-4  (a)  A witness or deponent in a contested case who is not a party
  376-5  and who is subpoenaed or otherwise compelled to attend a hearing or
  376-6  proceeding to give a deposition or to produce books, records,
  376-7  papers, or other objects that may be necessary and proper for the
  376-8  purposes of a proceeding under this chapter is entitled to receive:
  376-9              (1)  10 cents for each mile, or a greater amount
 376-10  prescribed by state agency rule, for going to and returning from
 376-11  the place of the hearing or deposition if the place is more than 25
 376-12  miles from the person's place of residence; and
 376-13              (2)  $10, or a greater amount prescribed by state
 376-14  agency rule, for each day or part of a day that the person is
 376-15  necessarily present.
 376-16        (b)  On the presentation of proper vouchers sworn by the
 376-17  witness and approved by the state agency, the party or agency at
 376-18  whose request the witness appears or the deposition is taken shall
 376-19  pay the amounts to which the witness is entitled under this
 376-20  section.  (V.A.C.S. Art. 6252-13a, Secs. 14(l), (m).)
 376-21        (Sections 2001.104 to 2001.120 reserved for expansion)
 376-22          SUBCHAPTER E.  CONTESTED CASES:  TESTIMONY OF CHILD
 376-23        Sec. 2001.121.  STATEMENT OR TESTIMONY BY CERTAIN CHILD ABUSE
 376-24  VICTIMS.  (a)  This section applies:
 376-25              (1)  to a contested case and judicial review of a final
 376-26  decision under this chapter, whether by trial de novo or under the
 376-27  substantial evidence rule, in which an issue is the abuse of a
  377-1  child younger than 12 years of age; and
  377-2              (2)  only to the statement or testimony of a child
  377-3  younger than 12 years of age who is alleged to have been abused.
  377-4        (b)  The recording of an oral statement recorded before the
  377-5  proceeding is admissible into evidence if:
  377-6              (1)  an attorney for a party to the proceeding was not
  377-7  present when the statement was made;
  377-8              (2)  the recording is both visual and aural and is
  377-9  recorded on film or videotape or by other electronic means;
 377-10              (3)  the recording equipment was capable of making an
 377-11  accurate recording;
 377-12              (4)  the operator was competent;
 377-13              (5)  the recording is accurate and has not been
 377-14  altered;
 377-15              (6)  the statement was not made in response to
 377-16  questioning calculated to lead the child to make a particular
 377-17  statement;
 377-18              (7)  each voice on the recording is identified;
 377-19              (8)  the individual conducting the interview of the
 377-20  child in the recording is present at the proceeding and available
 377-21  to testify or to be cross-examined by either party; and
 377-22              (9)  each party to the proceeding is given an
 377-23  opportunity to view the recording before it is offered into
 377-24  evidence.
 377-25        (c)  On the motion of a party to the proceeding, the
 377-26  individual conducting the hearing may order that the testimony of
 377-27  the child be taken in a room other than the hearing room and be
  378-1  televised by closed circuit equipment in the hearing room to be
  378-2  viewed by the finder of fact and the parties to the proceeding.
  378-3  Only an attorney for each party, an attorney ad litem for the child
  378-4  or other individual whose presence would contribute to the welfare
  378-5  and well-being of the child, and individuals necessary to operate
  378-6  the equipment may be present in the room with the child during the
  378-7  child's testimony.  Only the attorneys for the parties may question
  378-8  the child.  The individuals operating the equipment shall be
  378-9  confined to an adjacent room or behind a screen or mirror that
 378-10  permits them to see and hear the child during the child's testimony
 378-11  but does not permit the child to see or hear them.
 378-12        (d)  On the motion of a party to the proceeding, the
 378-13  individual conducting the hearing may order that the testimony of
 378-14  the child be taken outside the hearing room and be recorded for
 378-15  showing in the hearing room before the individual conducting the
 378-16  hearing, the finder of fact, and the parties to the proceeding.
 378-17  Only those individuals permitted to be present at the taking of
 378-18  testimony under Subsection (c) may be present during the taking of
 378-19  the child's testimony.  Only the attorneys for the parties may
 378-20  question the child, and the individuals operating the equipment
 378-21  shall be confined from the child's sight and hearing as provided by
 378-22  Subsection (c).  The individual conducting the hearing shall ensure
 378-23  that:
 378-24              (1)  the recording is both visual and aural and is
 378-25  recorded on film or videotape or by other electronic means;
 378-26              (2)  the recording equipment was capable of making an
 378-27  accurate recording;
  379-1              (3)  the operator was competent;
  379-2              (4)  the recording is accurate and is not altered;
  379-3              (5)  each voice on the recording is identified; and
  379-4              (6)  each party to the proceeding is given an
  379-5  opportunity to view the recording before it is shown in the hearing
  379-6  room.
  379-7        (e)  A child whose testimony is taken as provided by this
  379-8  section may not be compelled to testify in the presence of the
  379-9  individual conducting the hearing during the proceeding.  (V.A.C.S.
 379-10  Art. 6252-13a, Secs. 13B, 19(g).)
 379-11        Sec. 2001.122.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.
 379-12  (a)  This section applies:
 379-13              (1)  to a proceeding held under this chapter or a
 379-14  judicial review of a final decision under this chapter, whether by
 379-15  trial de novo or under the substantial evidence rule, in which an
 379-16  issue is the abuse of a child 12 years of age or younger; and
 379-17              (2)  only to a statement that describes an alleged
 379-18  incident of child abuse that:
 379-19                    (A)  was made by the child who is the alleged
 379-20  victim of the incident; and
 379-21                    (B)  was made to the first individual 18 years of
 379-22  age or older, other than the individual accused of abuse, to whom
 379-23  the child made a statement about the incident.
 379-24        (b)  A statement that meets the requirements of Subsection
 379-25  (a)(2) is not inadmissible as hearsay if:
 379-26              (1)  on or before the seventh day before the date on
 379-27  which the proceeding or hearing begins, the party intending to
  380-1  offer the statement:
  380-2                    (A)  notifies each other party of the party's
  380-3  intention to do so;
  380-4                    (B)  provides each other party with the name of
  380-5  the witness through whom it intends to offer the statement; and
  380-6                    (C)  provides each other party with a written
  380-7  summary of the statement;
  380-8              (2)  the presiding official conducting the proceeding
  380-9  finds that the statement is reliable based on the time, content,
 380-10  and circumstances of the statement; and
 380-11              (3)  the child who is the alleged victim testifies or
 380-12  is available to testify at the hearing in court, at the proceeding,
 380-13  or in any other manner provided by law.
 380-14        (c)  The finding required by Subsection (b)(2) shall be made
 380-15  in a hearing conducted outside the presence of the jury, if the
 380-16  hearing is before a jury.  (V.A.C.S. Art. 6252-13a, Secs. 13C,
 380-17  19(g).)
 380-18        (Sections 2001.123 to 2001.140 reserved for expansion)
 380-19     SUBCHAPTER F.  CONTESTED CASES:  FINAL DECISIONS AND ORDERS;
 380-20                         MOTIONS FOR REHEARING
 380-21        Sec. 2001.141.  FORM OF DECISION; FINDINGS OF FACT AND
 380-22  CONCLUSIONS OF LAW.  (a)  A decision or order that may become final
 380-23  under Section 2001.144 that is adverse to a party in a contested
 380-24  case must be in writing or stated in the record.
 380-25        (b)  A decision that may become final under Section 2001.144
 380-26  must include findings of fact and conclusions of law, separately
 380-27  stated.
  381-1        (c)  Findings of fact may be based only on the evidence and
  381-2  on matters that are officially noticed.
  381-3        (d)  Findings of fact, if set forth in statutory language,
  381-4  must be accompanied by a concise and explicit statement of the
  381-5  underlying facts supporting the findings.
  381-6        (e)  If a party submits under a state agency rule proposed
  381-7  findings of fact, the decision shall include a ruling on each
  381-8  proposed finding.  (V.A.C.S. Art. 6252-13a, Secs. 13(h); 16(a), (b)
  381-9  (part).)
 381-10        Sec. 2001.142.  NOTIFICATION OF DECISIONS AND ORDERS.  (a)  A
 381-11  party in a contested case shall be notified either personally or by
 381-12  first class mail of any decision or order.
 381-13        (b)  On issuance in a contested case of a decision that may
 381-14  become final under Section 2001.144 or an order ruling on a motion
 381-15  for rehearing, a state agency shall send a copy of the decision or
 381-16  order by first class mail to the attorneys of record and shall keep
 381-17  an appropriate record of the mailing.  If a party is not
 381-18  represented by an attorney of record, the state agency shall send a
 381-19  copy of the decision or order by first class mail to the party and
 381-20  shall keep an appropriate record of the mailing.
 381-21        (c)  A party or attorney of record notified by mail under
 381-22  Subsection (b) is presumed to have been notified on the date on
 381-23  which the notice is mailed.  (V.A.C.S. Art. 6252-13a, Sec. 16(b)
 381-24  (part).)
 381-25        Sec. 2001.143.  TIME OF RENDERING DECISION.  (a)  A decision
 381-26  or order that may become final under Section 2001.144 in a
 381-27  contested case must be rendered not later than the 60th day after
  382-1  the date on which the hearing is finally closed.
  382-2        (b)  In a contested case heard by other than a majority of
  382-3  the officials of a state agency, the agency may extend the period
  382-4  in which the decision or order may be issued.
  382-5        (c)  Any extension shall be announced at the conclusion of
  382-6  the hearing.  (V.A.C.S. Art. 6252-13a, Sec. 16(d).)
  382-7        Sec. 2001.144.  DECISIONS; WHEN FINAL.  (a)  A decision in a
  382-8  contested case is final:
  382-9              (1)  if a motion for rehearing is not filed on time, on
 382-10  the expiration of the period for filing a motion for rehearing;
 382-11              (2)  if a motion for rehearing is filed on time, on the
 382-12  date:
 382-13                    (A)  the order overruling the motion for
 382-14  rehearing is rendered; or
 382-15                    (B)  the motion is overruled by operation of law;
 382-16  or
 382-17              (3)  if a state agency finds that an imminent peril to
 382-18  the public health, safety, or welfare requires immediate effect of
 382-19  a decision or order, on the date the decision is rendered.
 382-20        (b)  If a decision or order is final under Subsection (a)(3),
 382-21  a state agency must recite in the decision or order the finding
 382-22  made under Subsection (a)(3) and the fact that the decision or
 382-23  order is final and effective on the date rendered.  (V.A.C.S. Art.
 382-24  6252-13a, Sec. 16(c) (part).)
 382-25        Sec. 2001.145.  MOTIONS FOR REHEARING:  PREREQUISITES TO
 382-26  APPEAL.  (a)  A timely motion for rehearing is a prerequisite to an
 382-27  appeal in a contested case except that a motion for rehearing of a
  383-1  decision or order that is final under Section 2001.144(a)(3) is not
  383-2  a prerequisite for appeal.
  383-3        (b)  A decision that is final under Section 2001.144(a)(2) or
  383-4  (3) is appealable.  (V.A.C.S. Art. 6252-13a, Secs. 16(c) (part),
  383-5  (e) (part).)
  383-6        Sec. 2001.146.  MOTIONS FOR REHEARING:  PROCEDURES.  (a)  A
  383-7  motion for rehearing in a contested case must be filed by a party
  383-8  not later than the 20th day after the date on which the party or
  383-9  the party's attorney of record is notified as required by Section
 383-10  2001.142 of a decision or order that may become final under Section
 383-11  2001.144.
 383-12        (b)  A reply to a motion for rehearing must be filed with the
 383-13  state agency not later than the 30th day after the date on which
 383-14  the party or the party's attorney of record is notified as required
 383-15  by Section 2001.142 of the decision or order that may become final
 383-16  under Section 2001.144.
 383-17        (c)  A state agency shall act on a motion for rehearing not
 383-18  later than the 45th day after the date on which the party or the
 383-19  party's attorney of record is notified as required by Section
 383-20  2001.142 of the decision or order that may become final under
 383-21  Section 2001.144 or the motion for rehearing is overruled by
 383-22  operation of law.
 383-23        (d)  If a state agency board includes a member who does not
 383-24  receive a salary for work as a board member and who resides outside
 383-25  Travis County, the board may rule on a motion for rehearing at a
 383-26  meeting or by:
 383-27              (1)  mail;
  384-1              (2)  telephone;
  384-2              (3)  telegraph; or
  384-3              (4)  another suitable means of communication.
  384-4        (e)  A state agency may by written order extend the time for
  384-5  filing a motion or reply or taking agency action under this
  384-6  section, except that an extension may not extend the period for
  384-7  agency action beyond the 90th day after the date on which the party
  384-8  or the party's attorney of record is notified as required by
  384-9  Section 2001.142 of the decision or order that may become final
 384-10  under Section 2001.144.
 384-11        (f)  In the event of an extension, a motion for rehearing is
 384-12  overruled by operation of law on the date fixed by the order or, in
 384-13  the absence of a fixed date, 90 days after the date on which the
 384-14  party or the party's attorney of record is notified as required by
 384-15  Section 2001.142 of the decision or order that may become final
 384-16  under Section 2001.144.  (V.A.C.S. Art. 6252-13a, Secs. 16(c)
 384-17  (part), (e) (part).)
 384-18        Sec. 2001.147.  AGREEMENT TO MODIFY TIME LIMITS.  The parties
 384-19  to a contested case, with state agency approval, may agree to
 384-20  modify the times prescribed by Sections 2001.143 and 2001.146.
 384-21  (V.A.C.S. Art. 6252-13a, Sec. 16(f).)
 384-22        (Sections 2001.148 to 2001.170 reserved for expansion)
 384-23           SUBCHAPTER G.  CONTESTED CASES:  JUDICIAL REVIEW
 384-24        Sec. 2001.171.  JUDICIAL REVIEW.  A person who has exhausted
 384-25  all administrative remedies available within a state agency and who
 384-26  is aggrieved by a final decision in a contested case is entitled to
 384-27  judicial review under this chapter.  (V.A.C.S. Art. 6252-13a, Sec.
  385-1  19(a) (part).)
  385-2        Sec. 2001.172.  SCOPE OF JUDICIAL REVIEW.  The scope of
  385-3  judicial review of a state agency decision in a contested case is
  385-4  as provided by the law under which review is sought.  (V.A.C.S.
  385-5  Art. 6252-13a, Sec. 19(e) (part).)
  385-6        Sec. 2001.173.  TRIAL DE NOVO REVIEW.  (a)  If the manner of
  385-7  review authorized by law for the decision in a contested case that
  385-8  is the subject of complaint is by trial de novo, the reviewing
  385-9  court shall try each issue of fact and law in the manner that
 385-10  applies to other civil suits in this state as though there had not
 385-11  been an intervening agency action or decision but may not admit in
 385-12  evidence the fact of prior state agency action or the nature of
 385-13  that action except to the limited extent necessary to show
 385-14  compliance with statutory provisions that vest jurisdiction in the
 385-15  court.
 385-16        (b)  On demand, a party to a trial de novo review may have a
 385-17  jury determination of each issue of fact on which a jury
 385-18  determination could be obtained in other civil suits in this state.
 385-19  (V.A.C.S. Art. 6252-13a, Secs. 19(c), (e) (part).)
 385-20        Sec. 2001.174.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR
 385-21  UNDEFINED SCOPE OF REVIEW.  If the law authorizes review of a
 385-22  decision in a contested case under the substantial evidence rule or
 385-23  if the law does not define the scope of judicial review, a court
 385-24  may not substitute its judgment for the judgment of the state
 385-25  agency on the weight of the evidence on questions committed to
 385-26  agency discretion but:
 385-27              (1)  may affirm the agency decision in whole or in
  386-1  part; and
  386-2              (2)  shall reverse or remand the case for further
  386-3  proceedings if substantial rights of the appellant have been
  386-4  prejudiced because the administrative findings, inferences,
  386-5  conclusions, or decisions are:
  386-6                    (A)  in violation of a constitutional or
  386-7  statutory provision;
  386-8                    (B)  in excess of the agency's statutory
  386-9  authority;
 386-10                    (C)  made through unlawful procedure;
 386-11                    (D)  affected by other error of law;
 386-12                    (E)  not reasonably supported by substantial
 386-13  evidence considering the reliable and probative evidence in the
 386-14  record as a whole; or
 386-15                    (F)  arbitrary or capricious or characterized by
 386-16  abuse of discretion or clearly unwarranted exercise of discretion.
 386-17  (V.A.C.S. Art. 6252-13a, Sec. 19(e) (part).)
 386-18        Sec. 2001.175.  PROCEDURES FOR REVIEW UNDER SUBSTANTIAL
 386-19  EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW.  (a)  The procedures of
 386-20  this section apply if the manner of review authorized by law for
 386-21  the decision in a contested case that is the subject of complaint
 386-22  is other than by trial de novo.
 386-23        (b)  After service of the petition on a state agency and
 386-24  within the time permitted for filing an answer or within additional
 386-25  time allowed by the court, the agency shall send to the reviewing
 386-26  court the original or a certified copy of the entire record of the
 386-27  proceeding under review.  The record shall be filed with the clerk
  387-1  of the court.  The record may be shortened by stipulation of all
  387-2  parties to the review proceedings.  The court may assess additional
  387-3  costs against a party who unreasonably refuses to stipulate to
  387-4  limit the record, unless the party is subject to a rule adopted
  387-5  under Section 2001.177 requiring payment of all costs of record
  387-6  preparation.  The court may require or permit later corrections or
  387-7  additions to the record.
  387-8        (c)  A party may apply to the court to present additional
  387-9  evidence.  If the court is satisfied that the additional evidence
 387-10  is material and that there were good reasons for the failure to
 387-11  present it in the proceeding before the state agency, the court may
 387-12  order that the additional evidence be taken before the agency on
 387-13  conditions determined by the court.  The agency may change its
 387-14  findings and decision by reason of the additional evidence and
 387-15  shall file the additional evidence and any changes, new findings,
 387-16  or decisions with the reviewing court.
 387-17        (d)  The party seeking judicial review shall offer, and the
 387-18  reviewing court shall admit, the state agency record into evidence
 387-19  as an exhibit.
 387-20        (e)  A court shall conduct the review sitting without a jury
 387-21  and is confined to the agency record, except that the court may
 387-22  receive evidence of procedural irregularities alleged to have
 387-23  occurred before the agency that are not reflected in the record.
 387-24  (V.A.C.S. Art. 6252-13a, Sec. 19(d).)
 387-25        Sec. 2001.176.  PETITION INITIATING JUDICIAL REVIEW.  (a)  A
 387-26  person initiates judicial review in a contested case by filing a
 387-27  petition not later than the 30th day after the date on which the
  388-1  decision that is the subject of complaint is final and appealable.
  388-2        (b)  Unless otherwise provided by statute:
  388-3              (1)  the petition must be filed in a Travis County
  388-4  district court;
  388-5              (2)  a copy of the petition must be served on the state
  388-6  agency and each party of record in the proceedings before the
  388-7  agency; and
  388-8              (3)  the filing of the petition vacates a state agency
  388-9  decision for which trial de novo is the manner of review authorized
 388-10  by law but does not affect the enforcement of an agency decision
 388-11  for which another manner of review is authorized.  (V.A.C.S. Art.
 388-12  6252-13a, Sec. 19(b).)
 388-13        Sec. 2001.177.  COST OF PREPARING AGENCY RECORD.  (a)  A
 388-14  state agency by rule may require a party who appeals a final
 388-15  decision in a contested case to pay all or a part of the cost of
 388-16  preparation of the original or a certified copy of the record of
 388-17  the agency proceeding that is required to be sent to the reviewing
 388-18  court.
 388-19        (b)  A charge imposed under this section is a court cost and
 388-20  may be assessed by the court in accordance with the Texas Rules of
 388-21  Civil Procedure.  (V.A.C.S. Art. 6252-13a, Sec. 19(f).)
 388-22        Sec. 2001.178.  CUMULATIVE EFFECT.  This subchapter is
 388-23  cumulative of other means of redress provided by statute.
 388-24  (V.A.C.S. Art. 6252-13a, Sec. 19(a) (part).)
 388-25        (Sections 2001.179 to 2001.200 reserved for expansion)
 388-26                   SUBCHAPTER H.  COURT ENFORCEMENT
 388-27        Sec. 2001.201.  COURT ENFORCEMENT OF SUBPOENA OR COMMISSION.
  389-1  (a)  If a person fails to comply with a subpoena or commission
  389-2  issued under this chapter, the state agency issuing the subpoena or
  389-3  commission, acting through the attorney general, or the party
  389-4  requesting the subpoena or commission may bring suit to enforce the
  389-5  subpoena or commission in a district court in Travis County or in
  389-6  the county in which a hearing conducted by the agency may be held.
  389-7        (b)  A court that determines that good cause exists for the
  389-8  issuance of the subpoena or commission shall order compliance with
  389-9  the subpoena or commission.  The court may hold in contempt a
 389-10  person who does not obey the order.  (V.A.C.S. Art. 6252-13a, Sec.
 389-11  14(n).)
 389-12        Sec. 2001.202.  COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS,
 389-13  AND RULES.  (a)  The attorney general, on the request of a state
 389-14  agency to which it appears that a person is violating, about to
 389-15  violate, or failing or refusing to comply with a final order or
 389-16  decision or an agency rule, may bring an action in a district court
 389-17  authorized to exercise judicial review of the final order or
 389-18  decision or the rule to:
 389-19              (1)  enjoin or restrain the continuation or
 389-20  commencement of the violation; or
 389-21              (2)  compel compliance with the final order or decision
 389-22  or the rule.
 389-23        (b)  The action authorized by this section is in addition to
 389-24  any other remedy provided by law.  (V.A.C.S. Art. 6252-13a, Sec.
 389-25  19A.)
 389-26        (Sections 2001.203 to 2001.220 reserved for expansion)
 389-27                       SUBCHAPTER I.  EXCEPTIONS
  390-1        Sec. 2001.221.  DRIVER'S LICENSES.  This chapter does not
  390-2  apply to a suspension, revocation, cancellation, denial, or
  390-3  disqualification of a driver's license or commercial driver's
  390-4  license as authorized by:
  390-5              (1)  Article IV, Chapter 173, Acts of the 47th
  390-6  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  390-7  Civil Statutes);
  390-8              (2)  the Texas Commercial Driver's License Act (Article
  390-9  6687b-2, Revised Statutes);
 390-10              (3)  the Texas Motor Vehicle Safety-Responsibility Act
 390-11  (Article 6701h, Vernon's Texas Civil Statutes);
 390-12              (4)  Chapter 434, Acts of the 61st Legislature, Regular
 390-13  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes); or
 390-14              (5)  Section 13, Article 42.12, Code of Criminal
 390-15  Procedure.  (V.A.C.S. Art. 6252-13a, Sec. 21(a).)
 390-16        Sec. 2001.222.  STATE AGENCY PERSONNEL RULES AND PRACTICES.
 390-17  This chapter does not apply to matters related solely to the
 390-18  internal personnel rules and practices of a state agency.
 390-19  (V.A.C.S. Art. 6252-13a, Sec. 21(d).)
 390-20        Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
 390-21  ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and
 390-22  Subchapters C through H do not apply to:
 390-23              (1)  the granting, payment, denial, or withdrawal of
 390-24  financial or medical assistance or benefits under service programs
 390-25  of the Texas Department of Human Services;
 390-26              (2)  action by the Banking Commissioner or the State
 390-27  Banking Board regarding the issuance of a state bank charter for a
  391-1  bank to assume the assets and liabilities of a state bank that the
  391-2  commissioner determines to be in an unsafe condition as defined by
  391-3  Section 1, Article 1a, Chapter VIII, The Texas Banking Code
  391-4  (Article 342-801a, Vernon's Texas Civil Statutes);
  391-5              (3)  a hearing or interview conducted by the Board of
  391-6  Pardons and Paroles or the pardons and paroles division of the
  391-7  Texas Department of Criminal Justice relating to the grant,
  391-8  rescission, or revocation of parole or other form of administrative
  391-9  release; or
 391-10              (4)  the suspension, revocation, or termination of the
 391-11  certification of a breath analysis operator or technical supervisor
 391-12  under the rules of the Department of Public Safety.  (V.A.C.S. Art.
 391-13  6252-13a, Secs. 21(b), (e), (f), (i).)
 391-14        Sec. 2001.224.  TEXAS EMPLOYMENT COMMISSION.  Section
 391-15  2001.038 and Subchapters C through H do not apply to a hearing by
 391-16  the Texas Employment Commission to determine whether or not a
 391-17  claimant is entitled to unemployment compensation, and the
 391-18  remainder of this chapter does not apply other than to matters of
 391-19  unemployment insurance maintained by the commission.  Regarding
 391-20  unemployment insurance matters, the commission may not comply with
 391-21  Section 2001.004(3) or 2001.005 relating to orders and decisions.
 391-22  (V.A.C.S. Art. 6252-13a, Sec. 21(g).)
 391-23        Sec. 2001.225.  CERTAIN ALCOHOLIC BEVERAGE CODE APPEALS.
 391-24  Section 2001.176(b)(1) does not apply to an appeal under Section
 391-25  32.18, Alcoholic Beverage Code.  (V.A.C.S. Art. 6252-13a, Sec.
 391-26  21(h).)
 391-27        (Sections 2001.226 to 2001.900 reserved for expansion)
  392-1                     SUBCHAPTER Z.  MISCELLANEOUS
  392-2        Sec. 2001.901.  APPEAL FROM DISTRICT COURT.  (a)  A party may
  392-3  appeal a final district court judgment under this chapter in the
  392-4  manner provided for civil actions generally.
  392-5        (b)  An appeal bond may not be required of a state agency.
  392-6  (V.A.C.S. Art. 6252-13a, Sec. 20.)
  392-7        Sec. 2001.902.  SAVING CLAUSE.  This chapter does not repeal
  392-8  a statutory provision that confers investigatory authority on a
  392-9  state agency, including a provision that grants an agency the
 392-10  power, in connection with investigatory authority, to:
 392-11              (1)  take depositions;
 392-12              (2)  administer oaths or affirmations;
 392-13              (3)  examine witnesses;
 392-14              (4)  receive evidence;
 392-15              (5)  conduct hearings; or
 392-16              (6)  issue subpoenas or summons.  (V.A.C.S. Art.
 392-17  6252-13a, Sec. 22 (part).)
 392-18         CHAPTER 2002.  TEXAS REGISTER AND ADMINISTRATIVE CODE
 392-19                   SUBCHAPTER A.  GENERAL PROVISIONS
 392-20  Sec. 2002.001.  DEFINITIONS
 392-21  Sec. 2002.002.  PURPOSE
 392-22        (Sections 2002.003 to 2002.010 reserved for expansion)
 392-23                     SUBCHAPTER B.  TEXAS REGISTER
 392-24  Sec. 2002.011.  TEXAS REGISTER
 392-25  Sec. 2002.012.  SUMMARIES OF OPINIONS AND REQUESTS FOR
 392-26                    OPINIONS
 392-27  Sec. 2002.013.  FREQUENCY OF PUBLICATION
  393-1  Sec. 2002.014.  OMISSION OF INFORMATION
  393-2  Sec. 2002.015.  DISTRIBUTION
  393-3  Sec. 2002.016.  FILING PROCEDURES
  393-4  Sec. 2002.017.  RULES
  393-5  Sec. 2002.018.  MICROFILM AND ELECTRONIC STORAGE
  393-6  Sec. 2002.019.  TABLE OF CONTENTS; INDEX
  393-7  Sec. 2002.020.  CERTIFICATION
  393-8  Sec. 2002.021.  AGENCY LIAISON
  393-9  Sec. 2002.022.  EVIDENTIARY VALUE OF TEXAS REGISTER;
 393-10                    CITATION
 393-11  Sec. 2002.023.  EXCEPTIONS
 393-12        (Sections 2002.024 to 2002.050 reserved for expansion)
 393-13               SUBCHAPTER C.  TEXAS ADMINISTRATIVE CODE
 393-14  Sec. 2002.051.  PUBLICATION OF TEXAS ADMINISTRATIVE CODE
 393-15  Sec. 2002.052.  OMISSION OF INFORMATION
 393-16  Sec. 2002.053.  PURCHASE AND RESALE OF ADMINISTRATIVE CODE
 393-17  Sec. 2002.054.  EVIDENTIARY VALUE OF ADMINISTRATIVE CODE
 393-18  Sec. 2002.055.  RULES
 393-19  Sec. 2002.056.  CONFIDENTIALITY OF DATA BASE
 393-20         CHAPTER 2002.  TEXAS REGISTER AND ADMINISTRATIVE CODE
 393-21                   SUBCHAPTER A.  GENERAL PROVISIONS
 393-22        Sec. 2002.001.  DEFINITIONS.  In this chapter:
 393-23              (1)  "Administrative code" means the Texas
 393-24  Administrative Code.
 393-25              (2)  "State agency" means a state officer, board,
 393-26  commission, or department with statewide jurisdiction that makes
 393-27  rules or determines contested cases other than:
  394-1                    (A)  an agency wholly financed by federal money;
  394-2                    (B)  the legislature;
  394-3                    (C)  the courts;
  394-4                    (D)  the Texas Workers' Compensation Commission;
  394-5  or
  394-6                    (E)  an institution of higher education.
  394-7              (3)  The following terms have the meanings assigned by
  394-8  Section 2001.003:
  394-9                    (A)  "contested case";
 394-10                    (B)  "license";
 394-11                    (C)  "licensing";
 394-12                    (D)  "party";
 394-13                    (E)  "person"; and
 394-14                    (F)  "rule."  (V.A.C.S. Art. 6252-13a, Sec. 3
 394-15  (part); Art. 6252-13b, Sec. 2.)
 394-16        Sec. 2002.002.  PURPOSE.  It is the public policy of this
 394-17  state to provide adequate and proper public notice of proposed
 394-18  state agency rules and state agency actions through publication of
 394-19  a state register.  (V.A.C.S. Art. 6252-13a, Sec. 1 (part).)
 394-20        (Sections 2002.003 to 2002.010 reserved for expansion)
 394-21                     SUBCHAPTER B.  TEXAS REGISTER
 394-22        Sec. 2002.011.  TEXAS REGISTER.  The secretary of state shall
 394-23  compile, index, cross-index to statute, and publish a publication
 394-24  to be known as the Texas Register.  The register shall contain:
 394-25              (1)  notices of proposed rules issued and filed in the
 394-26  office of the secretary of state as provided by Subchapter B of
 394-27  Chapter 2001;
  395-1              (2)  the text of rules adopted and filed in the office
  395-2  of the secretary of state;
  395-3              (3)  notices of open meetings issued and filed in the
  395-4  office of the secretary of state as provided by law;
  395-5              (4)  executive orders issued by the governor;
  395-6              (5)  summaries of requests for opinions of the attorney
  395-7  general and of the State Ethics Advisory Commission;
  395-8              (6)  summaries of opinions of the attorney general and
  395-9  of the State Ethics Advisory Commission; and
 395-10              (7)  other information of general interest to the
 395-11  public of this state, including:
 395-12                    (A)  federal legislation or regulations affecting
 395-13  the state or a state agency; and
 395-14                    (B)  state agency organizational and personnel
 395-15  changes.  (V.A.C.S. Art. 6252-13a, Sec. 6(a) (part).)
 395-16        Sec. 2002.012.  SUMMARIES OF OPINIONS AND REQUESTS FOR
 395-17  OPINIONS.  The attorney general or the State Ethics Advisory
 395-18  Commission, as appropriate, shall prepare and forward to the
 395-19  secretary of state for publication in the Texas Register:
 395-20              (1)  summaries of requests for opinions under Section
 395-21  2002.011(5); and
 395-22              (2)  summaries of opinions under Section 2002.011(6).
 395-23  (V.A.C.S. Art. 6252-13a, Sec. 6(a) (part).)
 395-24        Sec. 2002.013.  FREQUENCY OF PUBLICATION.  The secretary of
 395-25  state shall publish the Texas Register at regular intervals, but
 395-26  not less often than 100 times each calendar year.  (V.A.C.S. Art.
 395-27  6252-13a, Sec. 6(b).)
  396-1        Sec. 2002.014.  OMISSION OF INFORMATION.  The secretary of
  396-2  state may omit information from the Texas Register if:
  396-3              (1)  the secretary determines that publication of the
  396-4  information would be cumbersome, expensive, or otherwise
  396-5  inexpedient;
  396-6              (2)  on application to the adopting state agency, the
  396-7  information is made available in printed or processed form by the
  396-8  agency; and
  396-9              (3)  the register contains a notice stating the general
 396-10  subject matter of the information and the manner in which a copy of
 396-11  it may be obtained.  (V.A.C.S. Art. 6252-13a, Sec. 6(c).)
 396-12        Sec. 2002.015.  DISTRIBUTION.  (a)  On request, the secretary
 396-13  of state shall make one copy of each issue of the Texas Register
 396-14  available without charge to:
 396-15              (1)  each board, commission, and department with
 396-16  statewide jurisdiction;
 396-17              (2)  the governor;
 396-18              (3)  the lieutenant governor;
 396-19              (4)  the attorney general;
 396-20              (5)  each member of the legislature;
 396-21              (6)  each county clerk;
 396-22              (7)  the Supreme Court of Texas;
 396-23              (8)  the Texas Court of Criminal Appeals; and
 396-24              (9)  each court of appeals.
 396-25        (b)  The secretary of state shall make copies of the Texas
 396-26  Register available to other persons for a reasonable fee to be
 396-27  fixed by the secretary.  (V.A.C.S. Art. 6252-13a, Secs. 6(d), (e).)
  397-1        Sec. 2002.016.  FILING PROCEDURES.  (a)  To file a document
  397-2  for publication in the Texas Register, a state agency shall, during
  397-3  normal working hours:
  397-4              (1)  deliver to the office of the secretary of state
  397-5  two certified copies of the document for filing; or
  397-6              (2)  send to the secretary of state over dedicated
  397-7  cable or commercial lines between word or data processors one copy
  397-8  of the document to be filed and deliver to the office of the
  397-9  secretary a letter of certification that is signed by the agency's
 397-10  designated certifying agent and liaison and that contains a
 397-11  statement specifying the type of information electronically sent.
 397-12        (b)  On receipt of a document required to be filed in the
 397-13  office of the secretary of state and published in the Texas
 397-14  Register, the secretary shall note the day and hour of filing on
 397-15  the certified copies of the document or on the letter of
 397-16  certification.
 397-17        (c)  One copy of each filed document shall be maintained in
 397-18  original form or on microfilm in a permanent register in the office
 397-19  of the secretary of state.  (V.A.C.S. Art. 6252-13a, Secs. 3(9),
 397-20  (10); 8(a) (part).)
 397-21        Sec. 2002.017.  RULES.  (a)  The secretary of state may adopt
 397-22  rules to ensure the effective administration of this subchapter,
 397-23  including rules prescribing paper size and the format of documents
 397-24  required to be filed for publication.
 397-25        (b)  The secretary of state may refuse to accept for filing
 397-26  and publication a document that does not substantially conform to
 397-27  the rules.  (V.A.C.S. Art. 6252-13a, Sec. 8(c).)
  398-1        Sec. 2002.018.  MICROFILM AND ELECTRONIC STORAGE.  The
  398-2  secretary of state may maintain on microfilm or on an electronic
  398-3  storage and retrieval system the files of state agency rules and
  398-4  other information required to be published in the Texas Register.
  398-5  After microfilming or electronically storing the information, the
  398-6  secretary may destroy the original copies of the information
  398-7  submitted for publication.  (V.A.C.S. Art. 6252-13a, Sec. 8(d).)
  398-8        Sec. 2002.019.  TABLE OF CONTENTS; INDEX.  (a)  Each issue of
  398-9  the Texas Register must contain a table of contents.
 398-10        (b)  A cumulative index to all information required to be
 398-11  published in the Texas Register during the previous year shall be
 398-12  published at least once each year.  (V.A.C.S. Art. 6252-13a, Secs.
 398-13  9(a), (b).)
 398-14        Sec. 2002.020.  CERTIFICATION.  An official of a submitting
 398-15  state agency who is authorized to certify documents of the agency
 398-16  must certify each document that is filed with the secretary of
 398-17  state for publication.  (V.A.C.S. Art. 6252-13a, Sec. 9(c).)
 398-18        Sec. 2002.021.  AGENCY LIAISON.  A state agency shall
 398-19  designate at least one individual to act as a liaison through whom
 398-20  all required documents may be submitted to the secretary of state
 398-21  for filing and publication.  (V.A.C.S. Art. 6252-13a, Sec. 9(d).)
 398-22        Sec. 2002.022.  EVIDENTIARY VALUE OF TEXAS REGISTER;
 398-23  CITATION.  (a)  The contents of the Texas Register are to be
 398-24  judicially noticed and are prima facie evidence of the text of the
 398-25  documents and of the fact that they are in effect on and after the
 398-26  date of the notation.
 398-27        (b)  Without prejudice to another mode of citation, the
  399-1  contents of the Texas Register may be cited by volume and page
  399-2  number.  (V.A.C.S. Art. 6252-13a, Sec. 4(c).)
  399-3        Sec. 2002.023.  EXCEPTIONS.  This subchapter does not apply
  399-4  to:
  399-5              (1)  a suspension, revocation, cancellation, denial, or
  399-6  disqualification of a driver's license or commercial driver's
  399-7  license as authorized by:
  399-8                    (A)  Article IV, Chapter 173, Acts of the 47th
  399-9  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
 399-10  Civil Statutes);
 399-11                    (B)  the Texas Commercial Driver's License Act
 399-12  (Article 6687b-2, Revised Statutes);
 399-13                    (C)  the Texas Motor Vehicle
 399-14  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 399-15  Statutes);
 399-16                    (D)  Chapter 434, Acts of the 61st Legislature,
 399-17  Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
 399-18  Statutes); or
 399-19                    (E)  Section 13, Article 42.12, Code of Criminal
 399-20  Procedure;
 399-21              (2)  matters related solely to the internal personnel
 399-22  rules and practices of a state agency; or
 399-23              (3)  the Texas Employment Commission, other than to
 399-24  matters of unemployment insurance maintained by the commission.
 399-25  (V.A.C.S. Art. 6252-13a, Secs. 21(a), (d), (g) (part).)
 399-26        (Sections 2002.024 to 2002.050 reserved for expansion)
 399-27               SUBCHAPTER C.  TEXAS ADMINISTRATIVE CODE
  400-1        Sec. 2002.051.  PUBLICATION OF TEXAS ADMINISTRATIVE CODE.
  400-2  (a)  The secretary of state shall compile, index, and publish a
  400-3  Texas Administrative Code.
  400-4        (b)  The administrative code shall be periodically
  400-5  supplemented as necessary, but not less often than once each year.
  400-6        (c)  The administrative code shall contain each rule adopted
  400-7  by a state agency under Chapter 2001, but may not contain emergency
  400-8  rules adopted under Section 2001.034.  (V.A.C.S. Art. 6252-13b,
  400-9  Sec. 3(a).)
 400-10        Sec. 2002.052.  OMISSION OF INFORMATION.  (a)  The secretary
 400-11  of state may omit from the administrative code a rule that is
 400-12  general in form if its inclusion in the code is impracticable,
 400-13  undesirable, or unnecessary because it is of local or limited
 400-14  application.
 400-15        (b)  The secretary of state may omit information from the
 400-16  administrative code if:
 400-17              (1)  the secretary determines that publication of the
 400-18  information would be cumbersome, expensive, or otherwise
 400-19  inexpedient;
 400-20              (2)  on application to the adopting state agency, the
 400-21  information is made available in printed or processed form by the
 400-22  agency; and
 400-23              (3)  the administrative code contains a notice stating
 400-24  the general subject matter of the information and the manner in
 400-25  which a copy of it may be obtained.
 400-26        (c)  Omission from the administrative code under this section
 400-27  does not affect the validity or effectiveness of an omitted rule.
  401-1  (V.A.C.S. Art. 6252-13b, Sec. 3(b).)
  401-2        Sec. 2002.053.  PURCHASE AND RESALE OF ADMINISTRATIVE CODE.
  401-3  (a)  To promote efficiency and economy in state government, the
  401-4  secretary of state may periodically purchase copies of the
  401-5  administrative code for resale and distribution to other branches
  401-6  of state government, state agencies, or institutions.
  401-7        (b)  The purchase does not require the secretary of state to
  401-8  engage in competitive bidding procedures to enter into the contract
  401-9  or license to publish the code.  (V.A.C.S. Art. 6252-13b, Sec.
 401-10  3(c).)
 401-11        Sec. 2002.054.  EVIDENTIARY VALUE OF ADMINISTRATIVE CODE.
 401-12  State agency rules published in the administrative code, as
 401-13  approved by the secretary of state and as amended by documents
 401-14  later filed with the office of the secretary:
 401-15              (1)  are to be judicially noticed; and
 401-16              (2)  are prima facie evidence of the text of the rules
 401-17  and of the fact that they are in effect on and after the date of
 401-18  the notation.  (V.A.C.S. Art. 6252-13b, Sec. 4.)
 401-19        Sec. 2002.055.  RULES.  (a)  The secretary of state may adopt
 401-20  rules to ensure the effective administration of this subchapter.
 401-21        (b)  The rules may establish:
 401-22              (1)  titles of the administrative code; and
 401-23              (2)  a system of classification of the subject matter
 401-24  of the administrative code.  (V.A.C.S. Art. 6252-13b, Sec. 5.)
 401-25        Sec. 2002.056.  CONFIDENTIALITY OF DATA BASE.  (a)  The data
 401-26  base for the administrative code is confidential and is exempt from
 401-27  disclosure under Chapter 552.
  402-1        (b)  In this section, "data base" means the machine-readable
  402-2  form of the material prepared for and used in the publication of
  402-3  the administrative code and includes:
  402-4              (1)  indexes;
  402-5              (2)  annotations;
  402-6              (3)  tables of contents;
  402-7              (4)  tables of authority;
  402-8              (5)  cross-references;
  402-9              (6)  compiled rules; and
 402-10              (7)  other unique material.  (V.A.C.S. Art. 6252-13b,
 402-11  Sec. 5A.)
 402-12        CHAPTER 2003.  STATE OFFICE OF ADMINISTRATIVE HEARINGS
 402-13                   SUBCHAPTER A.  GENERAL PROVISIONS
 402-14  Sec. 2003.001.  DEFINITIONS
 402-15        (Sections 2003.002 to 2003.020 reserved for expansion)
 402-16        SUBCHAPTER B.  STATE OFFICE OF ADMINISTRATIVE HEARINGS
 402-17  Sec. 2003.021.  OFFICE
 402-18  Sec. 2003.022.  CHIEF ADMINISTRATIVE LAW JUDGE
 402-19        (Sections 2003.023 to 2003.040 reserved for expansion)
 402-20                SUBCHAPTER C.  STAFF AND ADMINISTRATION
 402-21  Sec. 2003.041.  EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES
 402-22  Sec. 2003.042.  POWERS OF ADMINISTRATIVE LAW JUDGE
 402-23  Sec. 2003.043.  TEMPORARY ADMINISTRATIVE LAW JUDGE
 402-24  Sec. 2003.044.  STAFF
 402-25  Sec. 2003.045.  ADMINISTRATIVE DIVISION
 402-26  Sec. 2003.046.  CENTRAL HEARINGS PANEL
 402-27        CHAPTER 2003.  STATE OFFICE OF ADMINISTRATIVE HEARINGS
  403-1                   SUBCHAPTER A.  GENERAL PROVISIONS
  403-2        Sec. 2003.001.  DEFINITIONS.  In this chapter:
  403-3              (1)  "Administrative law judge" means an individual who
  403-4  presides at an administrative hearing held under Chapter 2001.
  403-5              (2)  "Office" means the State Office of Administrative
  403-6  Hearings.
  403-7              (3)  "State agency" means a state board, commission,
  403-8  department, or other agency that is subject to Chapter 2001.
  403-9  (V.A.C.S. Art. 6252-13f, Sec. 1.)
 403-10        (Sections 2003.002 to 2003.020 reserved for expansion)
 403-11        SUBCHAPTER B.  STATE OFFICE OF ADMINISTRATIVE HEARINGS
 403-12        Sec. 2003.021.  OFFICE.  (a)  The State Office of
 403-13  Administrative Hearings is a state agency.
 403-14        (b)  The office shall conduct all administrative hearings in
 403-15  contested cases under Chapter 2001 that are before a state agency
 403-16  that does not employ an individual whose only duty is to preside as
 403-17  a hearings officer over matters related to contested cases before
 403-18  the agency.  (V.A.C.S. Art. 6252-13f, Secs. 2(a) (part), (b).)
 403-19        Sec. 2003.022.  CHIEF ADMINISTRATIVE LAW JUDGE.  (a)  The
 403-20  office is under the direction of a chief administrative law judge
 403-21  appointed by the governor for a two-year term.
 403-22        (b)  To be eligible for appointment as chief administrative
 403-23  law judge, an individual must:
 403-24              (1)  be licensed to practice law in this state;
 403-25              (2)  be board-certified in administrative law; and
 403-26              (3)  have at least five years' experience in conducting
 403-27  administrative hearings under Chapter 2001.  (V.A.C.S. Art.
  404-1  6252-13f, Sec. 2(a) (part).)
  404-2        (Sections 2003.023 to 2003.040 reserved for expansion)
  404-3                SUBCHAPTER C.  STAFF AND ADMINISTRATION
  404-4        Sec. 2003.041.  EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES.
  404-5  (a)  The chief administrative law judge shall employ administrative
  404-6  law judges to conduct hearings for state agencies subject to this
  404-7  chapter.
  404-8        (b)  To be eligible for employment with the office as an
  404-9  administrative law judge, an individual must be licensed to
 404-10  practice law in this state and meet other requirements prescribed
 404-11  by the chief administrative law judge.  (V.A.C.S. Art. 6252-13f,
 404-12  Secs. 3(a), (b) (part).)
 404-13        Sec. 2003.042.  POWERS OF ADMINISTRATIVE LAW JUDGE.  An
 404-14  administrative law judge may:
 404-15              (1)  administer an oath;
 404-16              (2)  take testimony;
 404-17              (3)  rule on a question of evidence;
 404-18              (4)  subject to review by the state agency before which
 404-19  the contested case is brought, issue an order relating to discovery
 404-20  or another hearing or prehearing matter, including an order
 404-21  imposing a sanction that the agency may impose; and
 404-22              (5)  issue a proposal for decision that includes
 404-23  findings of fact and conclusions of law.  (V.A.C.S. Art. 6252-13f,
 404-24  Sec. 3(b) (part).)
 404-25        Sec. 2003.043.  TEMPORARY ADMINISTRATIVE LAW JUDGE.  (a)  The
 404-26  chief administrative law judge may contract with a qualified
 404-27  individual to serve as a temporary administrative law judge if an
  405-1  administrative law judge employed by the office is not available to
  405-2  hear a case within a reasonable time.
  405-3        (b)  The chief administrative law judge shall adopt rules
  405-4  relating to the qualifications of a temporary judge.  (V.A.C.S.
  405-5  Art. 6252-13f, Sec. 3(c).)
  405-6        Sec. 2003.044.  STAFF.  The chief administrative law judge
  405-7  may hire staff as required to perform the powers and duties of the
  405-8  office.  (V.A.C.S. Art. 6252-13f, Sec. 3(d).)
  405-9        Sec. 2003.045.  ADMINISTRATIVE DIVISION.  An administrative
 405-10  division in the office oversees the training, evaluation,
 405-11  discipline, and promotion of all administrative law judges employed
 405-12  by the office.  (V.A.C.S. Art. 6252-13f, Sec. 4 (part).)
 405-13        Sec. 2003.046.  CENTRAL HEARINGS PANEL.  (a)  A central
 405-14  hearings panel in the office is composed of six senior
 405-15  administrative law judges appointed by the chief administrative law
 405-16  judge.
 405-17        (b)  Under the direction of the chief administrative law
 405-18  judge, the central panel shall coordinate and supervise the
 405-19  operation of administrative hearings conducted by the office.
 405-20  (V.A.C.S. Art. 6252-13f, Sec. 4 (part).)
 405-21          CHAPTER 2004.  REPRESENTATION BEFORE STATE AGENCIES
 405-22  Sec. 2004.001.  DEFINITIONS
 405-23  Sec. 2004.002.  REGISTRATION
 405-24  Sec. 2004.003.  EXEMPTIONS FROM REGISTRATION
 405-25  Sec. 2004.004.  REPORTING AND FILING OF REGISTRATIONS
 405-26  Sec. 2004.005.  PENALTY
 405-27          CHAPTER 2004.  REPRESENTATION BEFORE STATE AGENCIES
  406-1        Sec. 2004.001.  DEFINITIONS.  In this chapter:
  406-2              (1)  "Individual" includes a member of the legislature,
  406-3  any other state officer, and a state employee.
  406-4              (2)  "State agency" means an office, department,
  406-5  commission, or board of the executive branch of state government.
  406-6  (V.A.C.S. Art. 6252-23, Sec. 1.)
  406-7        Sec. 2004.002.  REGISTRATION.  (a)  An individual who appears
  406-8  before a state agency or contacts in person an officer or employee
  406-9  of a state agency on behalf of an individual, firm, partnership,
 406-10  corporation, or association about a matter before that agency shall
 406-11  register with the state agency:
 406-12              (1)  the name and address of the registrant;
 406-13              (2)  the name and address of the person on whose behalf
 406-14  the appearance or contact is made; and
 406-15              (3)  a statement on whether the registrant has received
 406-16  or expects to receive any money, thing of value, or financial
 406-17  benefit for the appearance or contact.
 406-18        (b)  Each state agency shall provide for recording the
 406-19  registration in a record and shall maintain the record.  (V.A.C.S.
 406-20  Art. 6252-23, Sec. 2 (part).)
 406-21        Sec. 2004.003.  EXEMPTIONS FROM REGISTRATION.  An individual
 406-22  is not required to register under Section 2004.002 because of:
 406-23              (1)  the individual's appearance or contact on an
 406-24  interagency matter if the individual is an officer or employee of
 406-25  the state agency; or
 406-26              (2)  a contact by the individual with the state agency
 406-27  or an officer or employee of the agency if the contact:
  407-1                    (A)  is solely for obtaining information and an
  407-2  attempt is not made to influence the action of an officer or
  407-3  employee of the agency;
  407-4                    (B)  consists of making an appearance and
  407-5  participating at a public hearing;
  407-6                    (C)  is made in a matter in which a pleading or
  407-7  other instrument that discloses the individual's representation is
  407-8  on file with the agency; or
  407-9                    (D)  is one for which the individual does not
 407-10  receive compensation or any thing of value.  (V.A.C.S. Art.
 407-11  6252-23, Secs. 2 (part), 3A.)
 407-12        Sec. 2004.004.  REPORTING AND FILING OF REGISTRATIONS.
 407-13  (a)  A state agency shall prepare a report that includes the
 407-14  information from all registrations filed with the agency in a
 407-15  calendar quarter.
 407-16        (b)  The agency shall file the report with the secretary of
 407-17  state not later than the 10th day of the month after the end of the
 407-18  calendar quarter for which the report was prepared.
 407-19        (c)  The secretary of state shall index each report and keep
 407-20  the report on file for four years after the date the report is
 407-21  filed.  (V.A.C.S. Art. 6252-23, Sec. 3.)
 407-22        Sec. 2004.005.  PENALTY.  (a)  An individual commits an
 407-23  offense if the individual does not register as required by this
 407-24  chapter.
 407-25        (b)  An offense under this chapter is a misdemeanor
 407-26  punishable by:
 407-27              (1)  a fine of not more than $500;
  408-1              (2)  confinement in jail for a term not to exceed six
  408-2  months; or
  408-3              (3)  both the fine and imprisonment.  (V.A.C.S. Art.
  408-4  6252-23, Sec. 4.)
  408-5                   CHAPTER 2005.  PERMIT PROCESSING
  408-6  Sec. 2005.001.  DEFINITIONS
  408-7  Sec. 2005.002.  EXCEPTIONS
  408-8  Sec. 2005.003.  PERMIT PROCESSING PERIODS
  408-9  Sec. 2005.004.  GOOD CAUSE
 408-10  Sec. 2005.005.  DUTY OF HEAD OF AGENCY
 408-11  Sec. 2005.006.  COMPLAINT PROCEDURE
 408-12  Sec. 2005.007.  REPORTS
 408-13                   CHAPTER 2005.  PERMIT PROCESSING
 408-14        Sec. 2005.001.  DEFINITIONS.  In this chapter:
 408-15              (1)  "Permit" means an authorization by a license,
 408-16  certificate, registration, or other form that is required by law or
 408-17  state agency rules to engage in a particular business.
 408-18              (2)  "State agency" means a department, board, bureau,
 408-19  commission, division, office, council, or other agency of the
 408-20  state.  (V.A.C.S. Art. 6252-13b.1, Sec. 2 (part).)
 408-21        Sec. 2005.002.  EXCEPTIONS.  This chapter does not apply to a
 408-22  permit:
 408-23              (1)  for which  an agency's median time during the
 408-24  preceding calendar year for processing a permit application from
 408-25  receipt of the initial application to the final permit decision did
 408-26  not exceed seven days;
 408-27              (2)  issued in connection with any form of gaming or
  409-1  gambling; or
  409-2              (3)  issued under the Alcoholic Beverage Code.
  409-3  (V.A.C.S. Art. 6252-13b.1, Sec. 4.)
  409-4        Sec. 2005.003.  PERMIT PROCESSING PERIODS.  (a)  A state
  409-5  agency that issues permits shall adopt procedural rules for
  409-6  processing permit applications and issuing permits.
  409-7        (b)  The rules must specify:
  409-8              (1)  the period, beginning on the date the agency
  409-9  receives an initial permit application, in which the agency must
 409-10  provide written notice to the applicant:
 409-11                    (A)  stating that the permit application is
 409-12  complete and accepted for filing; or
 409-13                    (B)  stating that the permit application is
 409-14  incomplete and specifying the additional information required for
 409-15  acceptance; and
 409-16              (2)  the period, beginning on the date the agency
 409-17  receives a complete permit application, in which the agency must
 409-18  deny or approve the permit application.
 409-19        (c)  A state agency may establish separate rules under this
 409-20  section for contested and uncontested cases.
 409-21        (d)  A state agency shall publish with rules proposed under
 409-22  this section:
 409-23              (1)  a statement of the agency's minimum, maximum, and
 409-24  median times for processing a permit application from the date the
 409-25  agency received an initial permit application to the date of the
 409-26  final permit decision using the agency's performance in the 12
 409-27  months preceding the date the proposed rules are published; and
  410-1              (2)  a justification of the periods proposed by the
  410-2  rules.  (V.A.C.S. Art. 6252-13b.1, Secs. 3(a), (b).)
  410-3        Sec. 2005.004.  GOOD CAUSE.  A state agency has good cause to
  410-4  exceed the period it establishes for processing a permit
  410-5  application if:
  410-6              (1)  the number of permit applications to be processed
  410-7  exceeds  by  at  least  15  percent  the  number  of  permit
  410-8  applications processed in the same quarter of the previous calendar
  410-9  year;
 410-10              (2)  the agency must rely on another public or private
 410-11  entity to process all or a part of the permit applications received
 410-12  by the agency, and the delay is caused by that entity; or
 410-13              (3)  other conditions exist that give the agency good
 410-14  cause for exceeding the established period.  (V.A.C.S. Art.
 410-15  6252-13b.1, Sec. 3(d).)
 410-16        Sec. 2005.005.  DUTY OF HEAD OF AGENCY.  The head of each
 410-17  state agency shall ensure that the agency complies with this
 410-18  chapter.  (V.A.C.S. Art. 6252-13b.1, Sec. 5(a) (part).)
 410-19        Sec. 2005.006.  COMPLAINT PROCEDURE.  (a)  A state agency
 410-20  subject to this chapter shall establish by rule a complaint
 410-21  procedure through which a permit applicant can:
 410-22              (1)  complain directly to the chief administrator of
 410-23  the agency if the agency exceeds the established period for
 410-24  processing permits; and
 410-25              (2)  request a timely resolution of any dispute arising
 410-26  from the delay.
 410-27        (b)  The rules must provide for the reimbursement of all
  411-1  filing fees paid by the applicant for a permit application if the
  411-2  chief administrator of the state agency determines that:
  411-3              (1)  the agency exceeded the established period for
  411-4  permit processing; and
  411-5              (2)  the agency did not establish good cause for
  411-6  exceeding the established period.
  411-7        (c)  The state agency shall include information about the
  411-8  complaint procedure in permit application forms issued by the
  411-9  agency.  (V.A.C.S. Art. 6252-13b.1, Secs. 5(a) (part), (b).)
 411-10        Sec. 2005.007.  REPORTS.  (a)  A state agency that issues
 411-11  permits shall report biennially to the governor and the legislature
 411-12  on its permit application system.
 411-13        (b)  The report must include:
 411-14              (1)  a statement of the periods the agency has adopted
 411-15  under this chapter for processing each type of permit it issues,
 411-16  specifying any changes the agency made since the last report;
 411-17              (2)  a statement of the minimum, maximum, and median
 411-18  times for processing each type of permit during the period since
 411-19  the last report from the date the agency receives the initial
 411-20  permit application to the final permit decision;
 411-21              (3)  a description of the complaint procedure required
 411-22  by Section 2005.006;
 411-23              (4)  a summary of the number and disposition of
 411-24  complaints received by the agency under Section 2005.006 since the
 411-25  last report; and
 411-26              (5)  a description of specific actions taken by the
 411-27  agency since the last report to simplify and improve its permit
  412-1  application, processing, and paperwork requirements.
  412-2        (c)  A state agency shall include the information required by
  412-3  Subsection (b) in each performance report the agency submits to the
  412-4  Legislative Budget Board.  (V.A.C.S. Art. 6252-13b.1, Secs. 5(c),
  412-5  (d).)
  412-6       CHAPTER 2006.  AGENCY ACTIONS AFFECTING SMALL BUSINESSES
  412-7                   SUBCHAPTER A.  ADOPTION OF RULES
  412-8  Sec. 2006.001.  DEFINITIONS
  412-9  Sec. 2006.002.  ADOPTION OF RULES WITH ADVERSE ECONOMIC
 412-10                    EFFECT
 412-11        (Sections 2006.003 to 2006.010 reserved for expansion)
 412-12       SUBCHAPTER B.  RECOVERY OF COURT COSTS AND ATTORNEY FEES
 412-13  Sec. 2006.011.  DEFINITIONS
 412-14  Sec. 2006.012.  EXCEPTIONS
 412-15  Sec. 2006.013.  REQUIREMENTS FOR RECOVERY
 412-16  Sec. 2006.014.  MOTION FOR RECOVERY
 412-17  Sec. 2006.015.  DETERMINATION OF CLAIM
 412-18  Sec. 2006.016.  EFFECT OF DETERMINATION OR ORDER
 412-19       CHAPTER 2006.  AGENCY ACTIONS AFFECTING SMALL BUSINESSES
 412-20                   SUBCHAPTER A.  ADOPTION OF RULES
 412-21        Sec. 2006.001.  DEFINITIONS.  In this subchapter:
 412-22              (1)  "Small business" means a legal entity, including a
 412-23  corporation, partnership, or sole proprietorship that:
 412-24                    (A)  is formed for the purpose of making a
 412-25  profit;
 412-26                    (B)  is independently owned and operated; and
 412-27                    (C)  has fewer than 100 employees or less than $1
  413-1  million in annual gross receipts.
  413-2              (2)  "State agency" means a department, board, bureau,
  413-3  commission, division, office, council, or other agency of the
  413-4  state.  (V.A.C.S. Art. 6252-13b.1, Sec. 2 (part).)
  413-5        Sec. 2006.002.  ADOPTION OF RULES WITH ADVERSE ECONOMIC
  413-6  EFFECT.  (a)  A state agency considering adoption of a rule that
  413-7  would have an adverse economic effect on small businesses shall
  413-8  reduce that effect if doing so is legal and feasible considering
  413-9  the purpose of the statute under which the rule is to be adopted.
 413-10        (b)  To reduce an adverse effect on small businesses, an
 413-11  agency may:
 413-12              (1)  establish separate compliance or reporting
 413-13  requirements for small businesses;
 413-14              (2)  use performance standards in place of design
 413-15  standards for small businesses; or
 413-16              (3)  exempt small businesses from all or part of the
 413-17  rule.
 413-18        (c)  Before adopting a rule that would have an adverse
 413-19  economic effect on small businesses, a state agency shall prepare a
 413-20  statement of the effect of the rule on small businesses.  The
 413-21  statement must include:
 413-22              (1)  an analysis of the cost of compliance with the
 413-23  rule for small businesses; and
 413-24              (2)  a comparison of the cost of compliance for small
 413-25  businesses with the cost of compliance for the largest businesses
 413-26  affected by the rule, using at least one of the following
 413-27  standards:
  414-1                    (A)  cost for each employee;
  414-2                    (B)  cost for each hour of labor; or
  414-3                    (C)  cost for each $100 of sales.
  414-4        (d)  The agency shall include the statement of effect as part
  414-5  of the notice of the proposed rule that the agency files with the
  414-6  secretary of state for publication in the Texas Register.
  414-7        (e)  This section does not apply to a rule adopted under
  414-8  Title 2, Tax Code.  (V.A.C.S. Art. 6252-13b.1, Sec. 6.)
  414-9        (Sections 2006.003 to 2006.010 reserved for expansion)
 414-10       SUBCHAPTER B.  RECOVERY OF COURT COSTS AND ATTORNEY FEES
 414-11        Sec. 2006.011.  DEFINITIONS.  In this subchapter:
 414-12              (1)  "Groundless" means having no basis in law or fact.
 414-13              (2)  "Small business" means a legal entity, including a
 414-14  corporation, partnership, or sole proprietorship that:
 414-15                    (A)  is formed for the purpose of making a
 414-16  profit;
 414-17                    (B)  is independently owned and operated;
 414-18                    (C)  is not a publicly held corporation; and
 414-19                    (D)  has fewer than 100 employees or less than $1
 414-20  million in annual gross receipts at the end of the fiscal year
 414-21  preceding the year of the filing of an administrative adjudicatory
 414-22  proceeding or civil action in which the entity is seeking recovery
 414-23  under this subchapter.
 414-24              (3)  "State agency" means a board, commission,
 414-25  department, or office that:
 414-26                    (A)  is in the executive branch of state
 414-27  government;
  415-1                    (B)  was created by the constitution or a statute
  415-2  of this state; and
  415-3                    (C)  has statewide jurisdiction.  (V.A.C.S. Art.
  415-4  6252-30, Sec. 1.)
  415-5        Sec. 2006.012.  EXCEPTIONS.  This subchapter does not apply
  415-6  to a proceeding or action that is:
  415-7              (1)  filed before September 1, 1987; or
  415-8              (2)  brought under:
  415-9                    (A)  Subchapter E, Chapter 17, Business &
 415-10  Commerce Code (Deceptive Trade Practices-Consumer Protection Act);
 415-11  or
 415-12                    (B)  Chapter 21, Insurance Code.  (V.A.C.S. Art.
 415-13  6252-30, Sec. 4.)
 415-14        Sec. 2006.013.  REQUIREMENTS FOR RECOVERY.  (a)  In an
 415-15  administrative adjudicatory proceeding or a civil action resulting
 415-16  from a complaint issued by a state agency against a small business
 415-17  under the agency's administrative or regulatory functions, the
 415-18  small business may be awarded reasonable attorney fees and court
 415-19  costs if:
 415-20              (1)  it is a small business at the time it becomes a
 415-21  party to the proceeding or action;
 415-22              (2)  it prevails in the proceeding or action; and
 415-23              (3)  the proceeding or action was groundless and
 415-24  brought:
 415-25                    (A)  in bad faith; or
 415-26                    (B)  for purposes of harassment.
 415-27        (b)  For purposes of this section, a small business prevails
  416-1  in a proceeding or action if there is not:
  416-2              (1)  an adjudication, stipulation, or acceptance of
  416-3  liability; or
  416-4              (2)  a determination of noncompliance, violation,
  416-5  infringement, deficiency, or breach on the part of the small
  416-6  business.
  416-7        (c)  A small business may not recover under this subchapter
  416-8  if the parties have executed a settlement agreement that, while not
  416-9  stipulating liability or violation, requires the small business to
 416-10  take corrective action or pay a monetary sum.  (V.A.C.S. Art.
 416-11  6252-30, Sec. 2.)
 416-12        Sec. 2006.014.  MOTION FOR RECOVERY.  (a)  To recover under
 416-13  this subchapter, a small business, not later than the 30th day
 416-14  after the date of the filing of the administrative adjudicatory
 416-15  proceeding or civil action, must file a written motion that:
 416-16              (1)  alleges that the proceeding or action was
 416-17  groundless and brought:
 416-18                    (A)  in bad faith; or
 416-19                    (B)  for purposes of harassment;
 416-20              (2)  states the facts that justify the small business's
 416-21  claim; and
 416-22              (3)  states that if the claim is dismissed or judgment
 416-23  is awarded to the small business, the small business will seek
 416-24  recovery of attorney fees and court costs.
 416-25        (b)  A small business may not recover attorney fees and court
 416-26  costs under this subchapter if, not later than the 30th day after
 416-27  the date the small business gives notice that it has filed a motion
  417-1  under Subsection (a), the state agency:
  417-2              (1)  amends the pleadings so that the small business
  417-3  that has filed the motion is no longer a party to the proceeding or
  417-4  action; or
  417-5              (2)  dismisses the proceeding or action.  (V.A.C.S.
  417-6  Art. 6252-30, Secs. 3(a), (b).)
  417-7        Sec. 2006.015.  DETERMINATION OF CLAIM.  (a)  The hearings
  417-8  officer in an administrative adjudicatory proceeding or the court
  417-9  in a civil action shall determine whether the proceeding or action
 417-10  is groundless and brought:
 417-11              (1)  in bad faith; or
 417-12              (2)  for purposes of harassment.
 417-13        (b)  In making the determination, the hearings officer or
 417-14  court shall consider:
 417-15              (1)  the multiplicity of parties;
 417-16              (2)  the complexity of the claims and defenses;
 417-17              (3)  the length of time available to the agency to
 417-18  investigate and conduct discovery; and
 417-19              (4)  affidavits, depositions, and any other relevant
 417-20  matters.
 417-21        (c)  In making a determination, a hearings officer or a court
 417-22  may not consider the amount of damages, civil penalties, fines,
 417-23  taxes, or other monetary recovery sought by the state agency.
 417-24  (V.A.C.S. Art. 6252-30, Secs. 3(c), (e).)
 417-25        Sec. 2006.016.  EFFECT OF DETERMINATION OR ORDER.  A
 417-26  determination made or order issued under this subchapter is not
 417-27  grounds for any liability, sanction, or grievance except as
  418-1  provided by this subchapter.  (V.A.C.S. Art. 6252-30, Sec. 3(d).)
  418-2            (Chapters 2007 to 2050 reserved for expansion)
  418-3                 SUBTITLE B.  INFORMATION AND PLANNING
  418-4    CHAPTER 2051.  GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES
  418-5                     SUBCHAPTER A.  OFFICIAL SEALS
  418-6  Sec. 2051.001.  ADOPTION OF SEAL
  418-7        (Sections 2051.002 to 2051.020 reserved for expansion)
  418-8              SUBCHAPTER B.  PAPER SUPPLIES AND EQUIPMENT
  418-9  Sec. 2051.021.  UNIFORM SIZE OF PAPER SUPPLY AND CABINET
 418-10  Sec. 2051.022.  STATE AGENCY TELEPHONE NUMBER REQUIRED ON
 418-11                    STATIONERY
 418-12        (Sections 2051.023 to 2051.040 reserved for expansion)
 418-13           SUBCHAPTER C.  NOTICE BY PUBLICATION IN NEWSPAPER
 418-14  Sec. 2051.041.  DEFINITIONS
 418-15  Sec. 2051.042.  APPLICABILITY OF SUBCHAPTER
 418-16  Sec. 2051.043.  PUBLICATION IN AT LEAST ONE ISSUE REQUIRED
 418-17  Sec. 2051.044.  TYPE OF NEWSPAPER REQUIRED
 418-18  Sec. 2051.045.  LEGAL RATE CHARGED FOR PUBLICATION
 418-19  Sec. 2051.046.  NOTICE OF COUNTY
 418-20  Sec. 2051.047.  NOTICE OF CERTAIN CONSERVATION AND
 418-21                    RECLAMATION DISTRICTS
 418-22  Sec. 2051.048.  NOTICE OF OTHER POLITICAL SUBDIVISION
 418-23  Sec. 2051.049.  SELECTION OF NEWSPAPER
 418-24  Sec. 2051.050.  TIME OF PUBLICATION
 418-25  Sec. 2051.051.  BILL FOR PUBLICATION
 418-26  Sec. 2051.052.  CANCELLATION OF PUBLISHING CONTRACT
 418-27  Sec. 2051.053.  REFUSAL OF NEWSPAPER TO PUBLISH NOTICE OR
  419-1                    CITATION
  419-2                 SUBTITLE B.  INFORMATION AND PLANNING
  419-3    CHAPTER 2051.  GOVERNMENT DOCUMENTS, PUBLICATIONS, AND NOTICES
  419-4                     SUBCHAPTER A.  OFFICIAL SEALS
  419-5        Sec. 2051.001.  ADOPTION OF SEAL.  A commission or board
  419-6  created by state law and a commissioner whose office is created by
  419-7  state law may adopt a seal with which to attest an official
  419-8  document, certificate, or other written paper.  (V.A.C.S. Art. 27
  419-9  (part).)
 419-10        (Sections 2051.002 to 2051.020 reserved for expansion)
 419-11              SUBCHAPTER B.  PAPER SUPPLIES AND EQUIPMENT
 419-12        Sec. 2051.021.  UNIFORM SIZE OF PAPER SUPPLY AND CABINET.
 419-13  (a)  A state agency may not purchase:
 419-14              (1)  forms, bond paper, stationery, pads, or similar
 419-15  paper supplies that exceed 8-1/2 inches by 11 inches in size; or
 419-16              (2)  a filing cabinet designed to store completed
 419-17  documents that exceed 8-1/2 inches by 11 inches in size.
 419-18        (b)  This section does not prohibit the purchase or use of:
 419-19              (1)  paper supplies that are perforated or otherwise
 419-20  designed to produce completed documents of 8-1/2 inches by 11
 419-21  inches in size or smaller;
 419-22              (2)  fanfold paper designed for use in a computer
 419-23  peripheral device; or
 419-24              (3)  forms or paper supplies used for:
 419-25                    (A)  a document prepared on a form developed by a
 419-26  national organization for use by a state or a form designed to be
 419-27  compatible with that document;
  420-1                    (B)  preparation of a document required by the
  420-2  federal government;
  420-3                    (C)  maintenance of an accounting or bookkeeping
  420-4  record;
  420-5                    (D)  preparation of a financial report;
  420-6                    (E)  a budget document;
  420-7                    (F)  a nontextual computer report or document;
  420-8                    (G)  a chart, graph, table, or map;
  420-9                    (H)  artwork;
 420-10                    (I)  an architectural or engineering draft or
 420-11  document;
 420-12                    (J)  a diploma;
 420-13                    (K)  an enlargement of small print materials for
 420-14  a person with a visual impairment;
 420-15                    (L)  a resale purpose; or
 420-16                    (M)  protection or preservation of a historically
 420-17  valuable document.
 420-18        (c)  In this section, "state agency" means a board,
 420-19  commission, department, office, institution, including an
 420-20  institution of higher education as defined by Section 61.003,
 420-21  Education Code, or other agency of the state government.  (V.A.C.S.
 420-22  Art. 6252-6c, Secs. 1, 2.)
 420-23        Sec. 2051.022.  STATE AGENCY TELEPHONE NUMBER REQUIRED ON
 420-24  STATIONERY.  (a)  A state agency shall print a telephone number for
 420-25  the agency on the letterhead of its official stationery.
 420-26        (b)  In this section, "state agency" means:
 420-27              (1)  a board, commission, department, office, or other
  421-1  agency in the executive branch of state government that was created
  421-2  by the constitution or a statute of the state, including an
  421-3  institution of higher education as defined by Section 61.003,
  421-4  Education Code;
  421-5              (2)  the legislature or a legislative agency;
  421-6              (3)  the supreme court, the court of criminal appeals,
  421-7  a court of appeals, or a state judicial agency; or
  421-8              (4)  a river authority.  (V.A.C.S. Art. 6252-6d.)
  421-9        (Sections 2051.023 to 2051.040 reserved for expansion)
 421-10           SUBCHAPTER C.  NOTICE BY PUBLICATION IN NEWSPAPER
 421-11        Sec. 2051.041.  DEFINITIONS.  In this subchapter:
 421-12              (1)  "Governmental entity" means an institution, board,
 421-13  commission, or department of:
 421-14                    (A)  the state or a subdivision of the state; or
 421-15                    (B)  a political subdivision of the state,
 421-16  including a municipality, a county, or any kind of district.
 421-17              (2)  "Governmental representative" includes an officer,
 421-18  employee, or agent of a governmental entity.
 421-19              (3)  "Notice" means any matter, including a
 421-20  proclamation or advertisement, required or authorized by law to be
 421-21  published in a newspaper by a governmental entity or
 421-22  representative.  (V.A.C.S. Art. 28a, Secs. (1), (3), (4).)
 421-23        Sec. 2051.042.  APPLICABILITY OF SUBCHAPTER.  (a)  This
 421-24  subchapter applies only to the extent that the general or special
 421-25  law requiring or authorizing the publication of a notice in a
 421-26  newspaper by a governmental entity or representative does not
 421-27  specify the manner of the publication, including the number of
  422-1  times that the notice is required to be published and the period
  422-2  during which the notice is required to be published.
  422-3        (b)  This subchapter does not apply to the publication of a
  422-4  citation that relates to a civil suit and to which the Texas Rules
  422-5  of Civil Procedure apply.  (V.A.C.S. Arts. 29 (part); 29a (part).)
  422-6        Sec. 2051.043.  PUBLICATION IN AT LEAST ONE ISSUE REQUIRED.
  422-7  Except as provided by Section 2051.046(b) or 2051.048(d), a notice
  422-8  shall be published in at least one issue of a newspaper.  (V.A.C.S.
  422-9  Art. 29a (part).)
 422-10        Sec. 2051.044.  TYPE OF NEWSPAPER REQUIRED.  (a)  The
 422-11  newspaper in which a notice is published must:
 422-12              (1)  devote not less than 25 percent of its total
 422-13  column lineage to general interest items;
 422-14              (2)  be published at least once each week;
 422-15              (3)  be entered as second-class postal matter in the
 422-16  county where published; and
 422-17              (4)  have been published regularly and continuously for
 422-18  at least 12 months before the governmental entity or representative
 422-19  publishes notice.
 422-20        (b)  A weekly newspaper has been published regularly and
 422-21  continuously under Subsection (a) if the newspaper omits not more
 422-22  than two issues in the 12-month period.  (V.A.C.S. Arts. 28a(2),
 422-23  29a (part).)
 422-24        Sec. 2051.045.  LEGAL RATE CHARGED FOR PUBLICATION.  The
 422-25  legal rate for publication of a notice in a newspaper is the
 422-26  newspaper's lowest published rate for classified advertising.
 422-27  (V.A.C.S. Art. 29 (part).)
  423-1        Sec. 2051.046.  NOTICE OF COUNTY.  (a)  A notice of a county
  423-2  shall be published in a newspaper published in the county that will
  423-3  publish the notice at or below the legal rate.
  423-4        (b)  If no newspaper that will publish the notice at or below
  423-5  the legal rate is published in the county, the notice shall be
  423-6  posted at the door of the county courthouse.  (V.A.C.S. Art. 29a
  423-7  (part).)
  423-8        Sec. 2051.047.  NOTICE OF CERTAIN CONSERVATION AND
  423-9  RECLAMATION DISTRICTS.  A conservation and reclamation district,
 423-10  other than a river authority, created under Article XVI, Section
 423-11  59, of the Texas Constitution that furnishes water and sewer
 423-12  services to household users satisfies a requirement of general,
 423-13  special, or local law to publish notice in a newspaper of general
 423-14  circulation in the county in which the district is located by
 423-15  publishing the notice in a newspaper of general circulation in the
 423-16  district.  (V.A.C.S. Art. 28a-1.)
 423-17        Sec. 2051.048.  NOTICE OF OTHER POLITICAL SUBDIVISION.
 423-18  (a)  This section applies only to a political subdivision other
 423-19  than a county or a conservation and reclamation district under
 423-20  Section 2051.047.
 423-21        (b)  A notice of a political subdivision shall be published
 423-22  in a newspaper that is published in the political subdivision and
 423-23  that will publish the notice at or below the legal rate.
 423-24        (c)  If no newspaper published in the political subdivision
 423-25  will publish the notice at or below the legal rate, the political
 423-26  subdivision shall publish the notice in a newspaper that:
 423-27              (1)  is published in the county in which the political
  424-1  subdivision is located; and
  424-2              (2)  will charge the legal rate or a lower rate.
  424-3        (d)  If no newspaper published in the county in which the
  424-4  political subdivision is located will publish the notice at or
  424-5  below the legal rate, the political subdivision shall post the
  424-6  notice at the door of the county courthouse of the county in which
  424-7  the political subdivision is located.  (V.A.C.S. Art. 29a (part).)
  424-8        Sec. 2051.049.  SELECTION OF NEWSPAPER.  The governmental
  424-9  entity or representative required to publish a notice in a
 424-10  newspaper shall select, in accordance with this subchapter, one or
 424-11  more newspapers to publish the notice.  (V.A.C.S. Art. 28a(6).)
 424-12        Sec. 2051.050.  TIME OF PUBLICATION.  A notice must be
 424-13  published in a newspaper issued at least one day before the
 424-14  occurrence of the event to which the notice refers.  (V.A.C.S. Art.
 424-15  29a (part).)
 424-16        Sec. 2051.051.  BILL FOR PUBLICATION.  A newspaper that
 424-17  publishes a notice shall submit a bill for the publication with a
 424-18  clipping of the published notice and a verified statement of the
 424-19  publisher that:
 424-20              (1)  states the rate charged;
 424-21              (2)  certifies that the rate charged is the newspaper's
 424-22  lowest published rate for classified advertising; and
 424-23              (3)  certifies the number and dates of the publication.
 424-24  (V.A.C.S. Art. 29 (part).)
 424-25        Sec. 2051.052.  CANCELLATION OF PUBLISHING CONTRACT.  The
 424-26  General Services Commission or a district or county official
 424-27  required to publish a notice may cancel a contract executed by the
  425-1  commission or official for the publication if the commission or
  425-2  official determines that the newspaper charges a rate higher than
  425-3  the legal rate.  (V.A.C.S. Art. 29 (part).)
  425-4        Sec. 2051.053.  REFUSAL OF NEWSPAPER TO PUBLISH NOTICE OR
  425-5  CITATION.  (a)  The refusal of a newspaper to publish, without
  425-6  receiving advance payment for making the publication, a notice or
  425-7  citation in a state court proceeding in which the state or a
  425-8  political subdivision of the state is a party and in which the cost
  425-9  of the publication is to be charged as fees or costs of the
 425-10  proceeding is considered an unqualified refusal to publish the
 425-11  notice or citation.
 425-12        (b)  The sworn statement of the newspaper's publisher or the
 425-13  person offering to insert the notice or citation in the newspaper
 425-14  is subject to record as proof of the refusal.  (V.A.C.S. Art. 29a
 425-15  (part).)
 425-16         CHAPTER 2052.  STATE AGENCY REPORTS AND PUBLICATIONS
 425-17          SUBCHAPTER A.  REPORTS FOR LEGISLATURE OR GOVERNOR
 425-18  Sec. 2052.001.  FILING AND PRINTING OF REPORT
 425-19  Sec. 2052.002.  DISTRIBUTION OF PUBLICATIONS TO LEGISLATORS
 425-20  Sec. 2052.003.  REPORT ON EMPLOYMENT OF HANDICAPPED
 425-21        (Sections 2052.004 to 2052.100 reserved for expansion)
 425-22               SUBCHAPTER B.  REPORTS ON STATE EMPLOYEES
 425-23  Sec. 2052.101.  DEFINITION
 425-24  Sec. 2052.102.  FULL-TIME EQUIVALENT EMPLOYEE
 425-25  Sec. 2052.103.  REPORTS
 425-26  Sec. 2052.104.  STATE AUDITOR'S POWERS AND DUTIES
 425-27        (Sections 2052.105 to 2052.200 reserved for expansion)
  426-1              SUBCHAPTER C.  DISTRIBUTION OF PUBLICATIONS
  426-2  Sec. 2052.201.  DEFINITIONS
  426-3  Sec. 2052.202.  PUBLICATION REQUEST FORM
  426-4  Sec. 2052.203.  PUBLICATION DISTRIBUTION LIST
  426-5  Sec. 2052.204.  DISTRIBUTION
  426-6  Sec. 2052.205.  COPIES TO LIBRARY
  426-7  Sec. 2052.206.  APPLICABILITY TO INFORMATION REQUIRED BY LAW
  426-8        (Sections 2052.207 to 2052.300 reserved for expansion)
  426-9           SUBCHAPTER D.  PUBLICATION PRODUCTION AND CHARGES
 426-10  Sec. 2052.301.  SALES CHARGE
 426-11  Sec. 2052.302.  PROHIBITION OF ECONOMIC BENEFIT
 426-12  Sec. 2052.303.  USE OF RECYCLED PAPER
 426-13         CHAPTER 2052.  STATE AGENCY REPORTS AND PUBLICATIONS
 426-14          SUBCHAPTER A.  REPORTS FOR LEGISLATURE OR GOVERNOR
 426-15        Sec. 2052.001.  FILING AND PRINTING OF REPORT.  (a)  An
 426-16  annual or biennial report intended for the use of the legislature
 426-17  or the governor shall be sent to the secretary of state not later
 426-18  than November 1.
 426-19        (b)  Before the legislature convenes, the secretary of state
 426-20  promptly shall provide for the printing of each report that the
 426-21  secretary received for the legislature under Subsection (a).  On
 426-22  the organization of the legislature, the secretary shall send 10
 426-23  copies of each report to the presiding officer of each house of the
 426-24  legislature for legislative members.  (V.A.C.S. Art. 13.)
 426-25        Sec. 2052.002.  DISTRIBUTION OF PUBLICATIONS TO LEGISLATORS.
 426-26  (a)  To avoid waste in the duplication and distribution of state
 426-27  agency publications, a state agency that issues a publication
  427-1  relating to the work of the agency and distributes the publication
  427-2  to members of the legislature shall send to each member before
  427-3  distributing the publication a written notice to determine whether
  427-4  the member wants to receive the publication.
  427-5        (b)  The state agency shall include with the notice a brief
  427-6  written summary of the publication.
  427-7        (c)  A member who elects to receive the publication shall
  427-8  notify the state agency.
  427-9        (d)  This section does not apply to a report that is required
 427-10  by law.
 427-11        (e)  In this section, "state agency" means:
 427-12              (1)  a department, commission, board, office, or other
 427-13  agency that is in the executive branch of state government and that
 427-14  was created by the constitution or a statute of this state;
 427-15              (2)  a university system or institution of higher
 427-16  education as defined by Section 61.003, Education Code; or
 427-17              (3)  the supreme court, the court of criminal appeals,
 427-18  a court of appeals, or the Texas Judicial Council.  (V.A.C.S. Art.
 427-19  4413(33b), Secs. 1, 2.)
 427-20        Sec. 2052.003.  REPORT ON EMPLOYMENT OF HANDICAPPED.  (a)  A
 427-21  state agency that sends to the governor an annual report on equal
 427-22  employment opportunities with the agency shall include in the
 427-23  statistical information of the report information relating to the
 427-24  number of handicapped individuals that the agency employs.
 427-25        (b)  In this section, "handicapped individual" means an
 427-26  individual who has a mental or physical handicap or impairment,
 427-27  including mental retardation, hardness of hearing, deafness, a
  428-1  speech impairment, blindness, or a crippling condition that
  428-2  requires special ambulatory devices or services.  The term does not
  428-3  include an individual whose sole handicap or impairment is
  428-4  addiction to the use of alcohol or to a drug or other controlled
  428-5  substance.  (V.A.C.S. Art. 6252-16b, Secs. 1, 2.)
  428-6        (Sections 2052.004 to 2052.100 reserved for expansion)
  428-7               SUBCHAPTER B.  REPORTS ON STATE EMPLOYEES
  428-8        Sec. 2052.101.  DEFINITION.  In this subchapter, "state
  428-9  agency" means:
 428-10              (1)  a department, commission, board, office, or other
 428-11  agency that is in the executive or legislative branch of state
 428-12  government and that was created by the constitution or a statute,
 428-13  including an institution of higher education as defined by Section
 428-14  61.003, Education Code; or
 428-15              (2)  the supreme court, the court of criminal appeals,
 428-16  a court of appeals, or the Texas Judicial Council or another agency
 428-17  in the judicial branch of state government.  (V.A.C.S. Art.
 428-18  6252-16c, Sec. 1(2).)
 428-19        Sec. 2052.102.  FULL-TIME EQUIVALENT EMPLOYEE.  (a)  An
 428-20  employee who maintains a workweek of at least 40 hours, including
 428-21  authorized vacation and leave, is a full-time equivalent employee.
 428-22        (b)  An employee who maintains a workweek of less than 40
 428-23  hours is counted as a fractional full-time equivalent employee
 428-24  according to the ratio of the number of hours that the employee
 428-25  normally works a week to 40 hours.  (V.A.C.S. Art. 6252-16c, Sec.
 428-26  1(1).)
 428-27        Sec. 2052.103.  REPORTS.  (a)  Not later than the last day of
  429-1  the first month following each quarter of the fiscal year, a state
  429-2  agency shall file with the state auditor a written report that
  429-3  provides for that fiscal quarter:
  429-4              (1)  the number of full-time equivalent state employees
  429-5  employed by the agency and paid from funds in the state treasury;
  429-6              (2)  the number of full-time equivalent state employees
  429-7  employed by the agency and paid from funds outside of the state
  429-8  treasury;
  429-9              (3)  the increase or decrease, if any, of the number of
 429-10  full-time equivalent employees from the fiscal quarter preceding
 429-11  the quarter covered by the report;
 429-12              (4)  the number of positions of the agency paid from
 429-13  funds in the state treasury;
 429-14              (5)  the number of positions of the agency paid from
 429-15  funds outside of the state treasury; and
 429-16              (6)  the number of individuals who performed services
 429-17  for the agency under a contract, including consultants and
 429-18  individuals employed under contracts with temporary help services.
 429-19        (b)  The report must be made in the manner prescribed by the
 429-20  state auditor.
 429-21        (c)  A state agency, in accordance with specific guidelines
 429-22  adopted by the state auditor, may adopt rules for the collection of
 429-23  the information required under this section.  (V.A.C.S. Art.
 429-24  6252-16c, Secs. 2(a), (b), (c).)
 429-25        Sec. 2052.104.  STATE AUDITOR'S POWERS AND DUTIES.  (a)  The
 429-26  state auditor may audit a state agency to ensure:
 429-27              (1)  the accuracy of information reported under this
  430-1  subchapter; and
  430-2              (2)  compliance with this subchapter.
  430-3        (b)  The state auditor shall:
  430-4              (1)  adopt rules for the manner in which a report must
  430-5  be made under Section 2052.103;
  430-6              (2)  prepare quarterly summary reports from the
  430-7  information in the reports filed under Section 2052.103; and
  430-8              (3)  provide copies of the summary reports to:
  430-9                    (A)  the Legislative Budget Board;
 430-10                    (B)  the governor; and
 430-11                    (C)  the comptroller.  (V.A.C.S. Art. 6252-16c,
 430-12  Secs. 2(d), 3.)
 430-13        (Sections 2052.105 to 2052.200 reserved for expansion)
 430-14              SUBCHAPTER C.  DISTRIBUTION OF PUBLICATIONS
 430-15        Sec. 2052.201.  DEFINITIONS.  In this subchapter:
 430-16              (1)  "Person" means an individual, association,
 430-17  corporation, or state agency.
 430-18              (2)  "Publication" means printed matter containing news
 430-19  or other information and includes a magazine, newsletter,
 430-20  newspaper, pamphlet, or report.
 430-21              (3)  "Publication request form" means a form that
 430-22  provides a means of requesting a state agency's publications.
 430-23              (4)  "State agency" means a department, commission,
 430-24  board, office, or other agency that:
 430-25                    (A)  is in the executive branch of state
 430-26  government;
 430-27                    (B)  has authority that is not limited to a
  431-1  geographical portion of the state; and
  431-2                    (C)  was created by the constitution or a statute
  431-3  of this state.  (V.A.C.S. Art. 4413(33a), Secs. 4, 5(b).)
  431-4        Sec. 2052.202.  PUBLICATION REQUEST FORM.  (a)  A state
  431-5  agency that distributes publications to a person shall distribute a
  431-6  publication request form on request or with each copy of the last
  431-7  publication that it distributes before January 1 of each year.
  431-8        (b)  The comptroller shall:
  431-9              (1)  print the publication request form; and
 431-10              (2)  furnish to a state agency that distributes
 431-11  publications a sufficient number of publication request forms to
 431-12  enable the agency annually to distribute a form to each person that
 431-13  receives a publication.  (V.A.C.S. Art. 4413(33a), Secs. 5(a),
 431-14  (c).)
 431-15        Sec. 2052.203.  PUBLICATION DISTRIBUTION LIST.  (a)  A state
 431-16  agency that receives a completed publication request form or other
 431-17  written request for its publications may place the name of the
 431-18  requestor on its publication distribution list.  A state agency may
 431-19  not place the name of a person or other entity on its publication
 431-20  distribution list unless the state agency has received a completed
 431-21  publication request form or other written request from that person
 431-22  or entity.
 431-23        (b)  After January 1 of each year a state agency shall
 431-24  compile a publication distribution list from the completed
 431-25  publication request forms and other written requests received for
 431-26  publications for that calendar year.
 431-27        (c)  A state agency that distributes publications shall file
  432-1  a copy of its publication distribution list with the comptroller
  432-2  before March 1 of each year.
  432-3        (d)  A filed publication distribution list is public
  432-4  information.  (V.A.C.S. Art. 4413(33a), Secs. 6, 9.)
  432-5        Sec. 2052.204.  DISTRIBUTION.  A state agency may distribute
  432-6  a copy of a publication to a person or other entity that is not
  432-7  listed on the publication distribution list only if:
  432-8              (1)  the person or entity has requested orally or in
  432-9  writing a specific copy of the publication; or
 432-10              (2)  the person is a newly elected or appointed state
 432-11  officer, newly appointed executive head of a state agency, or newly
 432-12  established state agency.  (V.A.C.S. Art. 4413(33a), Secs. 7,
 432-13  8(a).)
 432-14        Sec. 2052.205.  COPIES TO LIBRARY.  (a)  A state agency shall
 432-15  send to the Legislative Reference Library five copies of each
 432-16  publication that it distributes.
 432-17        (b)  The library shall make the publications available to its
 432-18  users.  (V.A.C.S. Art. 4413(33a), Sec. 8(b).)
 432-19        Sec. 2052.206.  APPLICABILITY TO INFORMATION REQUIRED BY LAW.
 432-20  This subchapter does not apply to the distribution of information
 432-21  required by law.  (V.A.C.S. Art. 4413(33a), Sec. 10.)
 432-22        (Sections 2052.207 to 2052.300 reserved for expansion)
 432-23           SUBCHAPTER D.  PUBLICATION PRODUCTION AND CHARGES
 432-24        Sec. 2052.301.  SALES CHARGE.  (a)  A department or agency in
 432-25  the executive branch of government, unless otherwise specifically
 432-26  directed by statute, may set and collect a sales charge for a
 432-27  publication or other printed matter if the charge is in the public
  433-1  interest.
  433-2        (b)  The amount of the sales charge for a publication or
  433-3  other printed matter not specifically set by statute may not be
  433-4  greater than an amount considered sufficient by the publishing
  433-5  department or agency to reasonably reimburse the state for the
  433-6  actual expense of printing the publication or printed matter.
  433-7        (c)  Money collected under this section shall be deposited in
  433-8  the fund from which the cost of printing the publication or other
  433-9  printed matter was paid.  The deposited money is subject to
 433-10  legislative appropriation.  (V.A.C.S. Art. 4413(33), Secs. 1, 2, 3,
 433-11  4 (part).)
 433-12        Sec. 2052.302.  PROHIBITION OF ECONOMIC BENEFIT.  (a)  In
 433-13  accordance with Article XVI, Section 21, of the Texas Constitution,
 433-14  an officer or employee of the state may not, directly or
 433-15  indirectly, profit by or have a pecuniary interest in the
 433-16  preparation, printing, duplication, or sale of a publication or
 433-17  other printed matter issued by a department or agency of the
 433-18  executive branch.
 433-19        (b)  A person who violates this section shall be dismissed
 433-20  from state employment.  (V.A.C.S. Art. 4413(33), Sec. 5.)
 433-21        Sec. 2052.303.  USE OF RECYCLED PAPER.  (a)  A state agency
 433-22  that issues publications, including reports, for general
 433-23  distribution, including distribution to members of the legislature,
 433-24  shall use recycled paper to produce the publications to the
 433-25  greatest extent possible when the use of recycled paper is
 433-26  cost-effective.
 433-27        (b)  In this section, "state agency" means:
  434-1              (1)  a department, commission, board, office, or other
  434-2  agency that is in the executive branch of state government and that
  434-3  was created by the constitution or a statute of this state;
  434-4              (2)  a university system or institution of higher
  434-5  education as defined by Section 61.003, Education Code; or
  434-6              (3)  the supreme court, the court of criminal appeals,
  434-7  a court of appeals, or the Texas Judicial Council.  (V.A.C.S. Art.
  434-8  4413(33b), Secs. 1, 3.)
  434-9         CHAPTER 2053.  REPORT BY GOVERNOR ON ORGANIZATION AND
 434-10                     EFFICIENCY OF STATE AGENCIES
 434-11  Sec. 2053.001.  DEFINITIONS
 434-12  Sec. 2053.002.  REPORT
 434-13  Sec. 2053.003.  PARTICIPATION BY INTERAGENCY PLANNING
 434-14                    COUNCILS
 434-15  Sec. 2053.004.  LEGISLATION
 434-16         CHAPTER 2053.  REPORT BY GOVERNOR ON ORGANIZATION AND
 434-17                     EFFICIENCY OF STATE AGENCIES
 434-18        Sec. 2053.001.  DEFINITIONS.  In this chapter:
 434-19              (1)  "State agency" means a board, commission,
 434-20  department, office, or other agency, except a university system or
 434-21  institution of higher education as defined by Section 61.003,
 434-22  Education Code, that:
 434-23                    (A)  is in the executive branch of state
 434-24  government;
 434-25                    (B)  has statewide authority; and
 434-26                    (C)  is created by the constitution or by
 434-27  statute.
  435-1              (2)  "Functional area" means one of the following areas
  435-2  of concern to state government:
  435-3                    (A)  natural resources;
  435-4                    (B)  health and human resources;
  435-5                    (C)  education;
  435-6                    (D)  economic development and transportation;
  435-7                    (E)  agriculture;
  435-8                    (F)  public protection;
  435-9                    (G)  consumer protection;
 435-10                    (H)  work force; or
 435-11                    (I)  any other area in which the governor
 435-12  appoints an interagency planning council under Section 772.003.
 435-13  (V.A.C.S. Art. 4413(34d), Sec. 1.)
 435-14        Sec. 2053.002.  REPORT.  (a)  Before the end of each
 435-15  even-numbered year, the governor shall prepare and submit to the
 435-16  legislature a report on the organization and efficiency of state
 435-17  agencies.
 435-18        (b)  The report must group state agencies into functional
 435-19  areas and must include the following items about the state agencies
 435-20  in each functional area:
 435-21              (1)  information about the efficiency with which the
 435-22  agencies operate;
 435-23              (2)  recommendations about the reorganization of the
 435-24  agencies and the consolidation, transfer, or abolition of their
 435-25  functions; and
 435-26              (3)  any other information about the organization or
 435-27  efficiency of the agencies that the governor considers necessary.
  436-1        (c)  The Legislative Budget Board shall coordinate the
  436-2  collection of information to be included in the report.  (V.A.C.S.
  436-3  Art. 4413(34d), Secs. 2(a), (c), (d).)
  436-4        Sec. 2053.003.  PARTICIPATION BY INTERAGENCY PLANNING
  436-5  COUNCILS.  (a)  In preparing the report required by this chapter,
  436-6  the governor shall request and consider from each interagency
  436-7  planning council appointed under Section 772.003 information about
  436-8  the efficiency of the state agencies in the council's functional
  436-9  area and recommendations about the reorganization of those
 436-10  agencies.
 436-11        (b)  Before submitting the report to the legislature, the
 436-12  governor shall submit to each interagency planning council for
 436-13  review and comment the part of the proposed report about the state
 436-14  agencies in the council's functional area.
 436-15        (c)  The governor shall submit with the report the comments
 436-16  received under Subsection (b).  (V.A.C.S. Art. 4413(34d), Sec. 3.)
 436-17        Sec. 2053.004.  LEGISLATION.  The Texas Legislative Council
 436-18  shall draft any legislation required to implement the
 436-19  recommendations contained in the report required by this chapter.
 436-20  (V.A.C.S. Art. 4413(34d), Sec. 4.)
 436-21                 CHAPTER 2054.  INFORMATION RESOURCES
 436-22                   SUBCHAPTER A.  GENERAL PROVISIONS
 436-23  Sec. 2054.001.  LEGISLATIVE FINDINGS AND POLICY
 436-24  Sec. 2054.002.  SHORT TITLE
 436-25  Sec. 2054.003.  DEFINITIONS
 436-26  Sec. 2054.004.  DEPARTMENT
 436-27  Sec. 2054.005.  SUNSET PROVISION
  437-1  Sec. 2054.006.  LAWS NOT AFFECTED
  437-2  Sec. 2054.007.  EXCEPTION:  STATE LOTTERY OPERATIONS
  437-3  Sec. 2054.008.  EXCEPTION:  EMERGENCY SITUATIONS
  437-4  Sec. 2054.009.  EXCEPTION:  TEXAS NATIONAL RESEARCH
  437-5                    LABORATORY COMMISSION
  437-6  Sec. 2054.010.  REFERENCES TO PRECEDING AGENCY
  437-7        (Sections 2054.011 to 2054.020 reserved for expansion)
  437-8              SUBCHAPTER B.  ADMINISTRATION OF DEPARTMENT
  437-9  Sec. 2054.021.  COMPOSITION OF BOARD; TERMS
 437-10  Sec. 2054.022.  CONFLICT OF INTEREST
 437-11  Sec. 2054.023.  COMPENSATION; EXPENSES
 437-12  Sec. 2054.024.  VACANCY
 437-13  Sec. 2054.025.  REMOVAL OF BOARD MEMBER
 437-14  Sec. 2054.026.  LIMITATION ON LIABILITY
 437-15  Sec. 2054.027.  MEETINGS; ACTION OF BOARD
 437-16  Sec. 2054.028.  PRESIDING OFFICER
 437-17  Sec. 2054.029.  EXECUTIVE DIRECTOR; STAFF
 437-18  Sec. 2054.030.  MERIT PAY
 437-19  Sec. 2054.031.  CAREER LADDER
 437-20  Sec. 2054.032.  EQUAL EMPLOYMENT OPPORTUNITY
 437-21  Sec. 2054.033.  ADVISORY COMMITTEES
 437-22  Sec. 2054.034.  FUND
 437-23        (Sections 2054.035 to 2054.050 reserved for expansion)
 437-24        SUBCHAPTER C.  GENERAL POWERS AND DUTIES OF DEPARTMENT
 437-25  Sec. 2054.051.  GENERAL DUTIES OF DEPARTMENT
 437-26  Sec. 2054.052.  GENERAL POWERS OF DEPARTMENT
 437-27  Sec. 2054.053.  LEGISLATIVE BUDGET INSTRUCTIONS; APPROPRIATION
  438-1                    REQUESTS
  438-2  Sec. 2054.054.  CLIENT OMNIBUS REGISTRY AND EXCHANGE DATA
  438-3                    BASES
  438-4  Sec. 2054.055.  ANNUAL REPORT
  438-5  Sec. 2054.056.  COMPUTER SERVICE FACILITY
  438-6  Sec. 2054.057.  PAYMENT AND ACCOUNTING FOR SERVICES
  438-7  Sec. 2054.058.  CUSTOMER OVERSIGHT COMMITTEE
  438-8  Sec. 2054.059.  TELECOMMUNICATIONS PLANNING AND POLICY
  438-9        (Sections 2054.060 to 2054.070 reserved for expansion)
 438-10             SUBCHAPTER D.  INFORMATION RESOURCES MANAGERS
 438-11  Sec. 2054.071.  IDENTITY OF MANAGER
 438-12  Sec. 2054.072.  CONFLICT OF INTEREST
 438-13  Sec. 2054.073.  DESIGNATION OF DEPARTMENT
 438-14  Sec. 2054.074.  RESPONSIBILITY OF INFORMATION RESOURCES
 438-15                    MANAGER
 438-16  Sec. 2054.075.  COOPERATION WITH INFORMATION RESOURCES
 438-17                    MANAGER
 438-18  Sec. 2054.076.  CONTINUING EDUCATION
 438-19        (Sections 2054.077 to 2054.090 reserved for expansion)
 438-20             SUBCHAPTER E.  STRATEGIC AND OPERATING PLANS
 438-21  Sec. 2054.091.  PREPARATION OF STATE STRATEGIC PLAN
 438-22  Sec. 2054.092.  CONTENT OF STATE STRATEGIC PLAN
 438-23  Sec. 2054.093.  AMENDMENT OF STATE STRATEGIC PLAN
 438-24  Sec. 2054.094.  SUBMISSION OF STATE STRATEGIC PLAN
 438-25  Sec. 2054.095.  PREPARATION OF AGENCY STRATEGIC PLAN
 438-26  Sec. 2054.096.  CONTENT OF AGENCY STRATEGIC PLAN
 438-27  Sec. 2054.097.  REVIEW OF AGENCY STRATEGIC PLAN
  439-1  Sec. 2054.098.  APPROVAL OR DISAPPROVAL OF AGENCY STRATEGIC
  439-2                    PLAN
  439-3  Sec. 2054.099.  INITIAL OPERATING PLAN OF STATE AGENCY
  439-4  Sec. 2054.100.  FINAL OPERATING PLAN OF STATE AGENCY
  439-5  Sec. 2054.101.  INSTRUCTIONS FOR PREPARING OPERATING PLANS
  439-6  Sec. 2054.102.  APPROVAL OR DISAPPROVAL OF OPERATING PLANS
  439-7  Sec. 2054.103.  SUBMISSION OF OPERATING PLANS AND CERTAIN
  439-8                    PROCUREMENT INFORMATION
  439-9  Sec. 2054.104.  DENIAL OF ACCESS TO APPROPRIATIONS ON FAILURE
 439-10                    TO SUBMIT OPERATING PLAN AND CERTAIN
 439-11                    PROCUREMENT INFORMATION
 439-12        (Sections 2054.105 to 2054.110 reserved for expansion)
 439-13       SUBCHAPTER F.  OTHER POWERS AND DUTIES OF STATE AGENCIES
 439-14  Sec. 2054.111.  ANNUAL PERFORMANCE REPORT
 439-15  Sec. 2054.112.  CONTENTS OF ANNUAL PERFORMANCE REPORT
 439-16  Sec. 2054.113.  DENIAL OF ACCESS TO APPROPRIATIONS
 439-17  Sec. 2054.114.  ACQUISITION SPECIFICATIONS
 439-18  Sec. 2054.115.  SALE OR LEASE OF SOFTWARE
 439-19  Sec. 2054.116.  COMPUTER SERVICES CONTRACTS
 439-20  Sec. 2054.117.  ELECTRONIC DATA PROCESSING CENTER
 439-21                 CHAPTER 2054.  INFORMATION RESOURCES
 439-22                   SUBCHAPTER A.  GENERAL PROVISIONS
 439-23        Sec. 2054.001.  LEGISLATIVE FINDINGS AND POLICY.  (a)  The
 439-24  legislature finds that:
 439-25              (1)  information and information resources possessed by
 439-26  agencies of state government are strategic assets belonging to the
 439-27  residents of this state that must be managed as valuable state
  440-1  resources;
  440-2              (2)  technological and theoretical advances in
  440-3  information use are recent in origin, immense in scope and
  440-4  complexity, and growing at a rapid pace;
  440-5              (3)  the nature of these advances presents this state
  440-6  with the opportunity to provide higher quality, more timely, and
  440-7  more cost-effective governmental services;
  440-8              (4)  the danger exists that state agencies could
  440-9  independently acquire uncoordinated and duplicative information
 440-10  resources technologies that are more appropriately acquired as part
 440-11  of a coordinated effort for maximum cost-effectiveness and use;
 440-12              (5)  the sharing of information resources technologies
 440-13  among state agencies is often the most cost-effective method of
 440-14  providing the highest quality and most timely governmental services
 440-15  that otherwise would be cost prohibitive;
 440-16              (6)  both considerations of cost and the need for the
 440-17  transfer of information among the various agencies and branches of
 440-18  state government in the most timely and useful form possible
 440-19  require a uniform policy and coordinated system for the use and
 440-20  acquisition of information resources technologies;
 440-21              (7)  considerations of cost and expertise require that,
 440-22  to the extent possible, the planning and coordinating functions
 440-23  reside in a separate agency from the purchasing function; and
 440-24              (8)  the need of officials in the executive branch of
 440-25  state government to have timely access to all needed information in
 440-26  a form most useful to them in their execution of the laws and the
 440-27  need of members of the legislative branch of state government to
  441-1  have timely access to all needed information in a form most useful
  441-2  to them in their evaluation of the practical effect of the laws and
  441-3  in their identification of areas in which legislation is needed for
  441-4  the future are equally paramount, requiring the greatest possible
  441-5  continuous and formal coordination and cooperation within and among
  441-6  the branches of state government.
  441-7        (b)  It is the policy of this state to coordinate and direct
  441-8  the use of information resources technologies by state agencies and
  441-9  to provide as soon as possible the most cost-effective and useful
 441-10  retrieval and exchange of information within and among the various
 441-11  agencies and branches of state government and from the agencies and
 441-12  branches of state government to the residents of this state and
 441-13  their elected representatives.  The Department of Information
 441-14  Resources exists for these purposes.  (V.A.C.S. Art. 4413(32j),
 441-15  Sec. 1.)
 441-16        Sec. 2054.002.  SHORT TITLE.  This chapter may be cited as
 441-17  the Information Resources Management Act.  (V.A.C.S. Art.
 441-18  4413(32j), Sec. 2.)
 441-19        Sec. 2054.003.  DEFINITIONS.  In this chapter:
 441-20              (1)  "Application" means a separately identifiable and
 441-21  interrelated set of information resources technologies that allows
 441-22  a state agency to manipulate information resources to support
 441-23  specifically defined objectives.
 441-24              (2)  "Board" means the governing board of the
 441-25  Department of Information Resources.
 441-26              (3)  "Data processing" means information technology
 441-27  equipment and related services designed for the automated storage,
  442-1  manipulation, and retrieval of data by electronic or mechanical
  442-2  means.  The term includes:
  442-3                    (A)  central processing units, front-end
  442-4  processing units, miniprocessors, microprocessors, and related
  442-5  peripheral equipment such as data storage devices, document
  442-6  scanners, data entry equipment, terminal controllers, data terminal
  442-7  equipment, computer-based word processing systems other than memory
  442-8  typewriters, and equipment and systems for computer networks;
  442-9                    (B)  all related services, including feasibility
 442-10  studies, systems design, software development, and time-sharing
 442-11  services, provided by state employees or others; and
 442-12                    (C)  the programs and routines used to employ and
 442-13  control the capabilities of data processing hardware, including
 442-14  operating systems, compilers, assemblers, utilities, library
 442-15  routines, maintenance routines, applications, and computer
 442-16  networking programs.
 442-17              (4)  "Department" means the Department of Information
 442-18  Resources.
 442-19              (5)  "Executive director" means the executive director
 442-20  of the Department of Information Resources.
 442-21              (6)  "Information resources" means the procedures,
 442-22  equipment, and software that are designed, built, operated, and
 442-23  maintained to collect, record, process, store, retrieve, display,
 442-24  and transmit information, and associated personnel including
 442-25  consultants and contractors.
 442-26              (7)  "Information resources technologies" means data
 442-27  processing and telecommunications hardware, software, services,
  443-1  supplies, personnel, facility resources, maintenance, and training.
  443-2              (8)  "Project" means a program to provide information
  443-3  resources technologies support to functions within or among
  443-4  elements of a state agency, that ideally is characterized by
  443-5  well-defined parameters, specific objectives, common benefits,
  443-6  planned activities, a scheduled completion date, and an established
  443-7  budget with a specified source of funding.
  443-8              (9)  "State agency" means a department, commission,
  443-9  board, office, council, or other agency in the executive or
 443-10  judicial branch of state government that is created by the
 443-11  constitution or a statute of this state, including a university
 443-12  system or institution of higher education as defined by Section
 443-13  61.003, Education Code.
 443-14              (10)  "Telecommunications" means any transmission,
 443-15  emission, or reception of signs, signals, writings, images, or
 443-16  sounds of intelligence of any nature by wire, radio, optical, or
 443-17  other electromagnetic systems.  The term includes all facilities
 443-18  and equipment performing those functions that are owned, leased, or
 443-19  used by state agencies and branches of state government.  (V.A.C.S.
 443-20  Art. 4413(32j), Sec. 3.)
 443-21        Sec. 2054.004.  DEPARTMENT.  The Department of Information
 443-22  Resources is an agency of the state.  (V.A.C.S. Art. 4413(32j),
 443-23  Sec. 4.)
 443-24        Sec. 2054.005.  SUNSET PROVISION.  The Department of
 443-25  Information Resources is subject to Chapter 325 (Texas Sunset Act).
 443-26  Unless continued in existence as provided by that chapter, the
 443-27  department is abolished and this chapter expires September 1, 1997.
  444-1  (V.A.C.S. Art. 4413(32j), Sec. 5.)
  444-2        Sec. 2054.006.  LAWS NOT AFFECTED.  (a)  This chapter does
  444-3  not affect laws, rules, or decisions relating to the
  444-4  confidentiality or privileged status of categories of information
  444-5  or communications.
  444-6        (b)  This chapter does not enlarge the right of state
  444-7  government to require information, records, or communications from
  444-8  the people.  (V.A.C.S. Art. 4413(32j), Sec. 24.)
  444-9        Sec. 2054.007.  EXCEPTION:  STATE LOTTERY OPERATIONS.
 444-10  (a)  The lottery division in the office of the comptroller is not
 444-11  included in the agency strategic plan, initial operating plan, or
 444-12  final operating plan of the comptroller.  The lottery division is
 444-13  not subject to the planning and procurement requirements of this
 444-14  chapter.
 444-15        (b)  The electronic funds transfer system for the operation
 444-16  of the state lottery is not included in the agency strategic plan,
 444-17  initial operating plan, or final operating plan of the state
 444-18  treasurer.  Operations of the state treasurer that relate to the
 444-19  state lottery are not subject to the planning and procurement
 444-20  requirements of this chapter.  (V.A.C.S. Art. 4413(32j), Sec. 26.)
 444-21        Sec. 2054.008.  EXCEPTION:  EMERGENCY SITUATIONS.  (a)  A
 444-22  state agency may take an action described in this chapter without
 444-23  first complying with the procedures prescribed by this chapter if
 444-24  the agency finds that a situation caused by fire, natural disaster,
 444-25  or other actual emergency requires the action to be taken.
 444-26        (b)  A report explaining the emergency action must be filed
 444-27  with the department not later than the 30th day after the date the
  445-1  action is taken.  (V.A.C.S. Art. 4413(32j), Sec. 18(e).)
  445-2        Sec. 2054.009.  EXCEPTION:  TEXAS NATIONAL RESEARCH
  445-3  LABORATORY COMMISSION.  The Texas National Research Laboratory
  445-4  Commission may take action described in this chapter without first
  445-5  complying with the procedures prescribed by this chapter if the
  445-6  agency determines that an acquisition of information resources
  445-7  technologies constitutes an eligible undertaking as defined by
  445-8  Section 465.021.  (V.A.C.S. Art. 4413(32j), Sec. 18(f).)
  445-9        Sec. 2054.010.  REFERENCES TO PRECEDING AGENCY.  Any
 445-10  reference in law to the Automated Information and
 445-11  Telecommunications Council means the Department of Information
 445-12  Resources.  (V.A.C.S. Art. 4413(32j), Sec. 25.)
 445-13        (Sections 2054.011 to 2054.020 reserved for expansion)
 445-14              SUBCHAPTER B.  ADMINISTRATION OF DEPARTMENT
 445-15        Sec. 2054.021.  COMPOSITION OF BOARD; TERMS.  (a)  The
 445-16  department is governed by a board composed of nine members
 445-17  appointed by the governor with the advice and consent of the
 445-18  senate.  Three members must be appointed from a list of individuals
 445-19  submitted to the governor by the speaker of the house of
 445-20  representatives, and at least one of those appointees must be a
 445-21  member of the house of representatives who serves on the board ex
 445-22  officio as a voting member.  Three members must be appointed from a
 445-23  list of individuals submitted to the governor by the lieutenant
 445-24  governor, and at least one of those appointees must be a member of
 445-25  the senate who serves on the board ex officio as a voting member.
 445-26  One member must be employed by an institution of higher education
 445-27  as defined by Section 61.003, Education Code.  In addition to the
  446-1  members of the legislature who must be appointed from the lists
  446-2  submitted by the lieutenant governor and the speaker of the house
  446-3  of representatives, the governor may appoint other members of the
  446-4  legislature to serve on the board ex officio as voting members.
  446-5        (b)  Members of the board serve for staggered six-year terms
  446-6  with three members' terms expiring February 1 of each odd-numbered
  446-7  year.  (V.A.C.S. Art. 4413(32j), Secs. 6(a), (b).)
  446-8        Sec. 2054.022.  Conflict of Interest.  (a)  A member of the
  446-9  board or an employee of the department may not:
 446-10              (1)  be a person required to register as a lobbyist
 446-11  under Chapter 305 because of the person's activities for
 446-12  compensation on behalf of a business entity that has, or on behalf
 446-13  of a trade association of business entities that have, a
 446-14  substantial interest in the information resources technologies
 446-15  industry;
 446-16              (2)  be an officer, employee, or paid consultant of a
 446-17  business entity that has, or of a trade association of business
 446-18  entities that have, a substantial interest in the information
 446-19  resources technologies industry and that may contract with state
 446-20  government;
 446-21              (3)  own, control, or have, directly or indirectly,
 446-22  more than a 10 percent interest in a business entity that has a
 446-23  substantial interest in the information resources technologies
 446-24  industry and that may contract with state government;
 446-25              (4)  receive more than 25 percent of the individual's
 446-26  income from a business entity that has a substantial interest in
 446-27  the information resources technologies industry and that may
  447-1  contract with state government;
  447-2              (5)  be interested in or connected with a contract or
  447-3  bid for furnishing a state agency with information resources
  447-4  technologies;
  447-5              (6)  be employed by a state agency as a consultant on
  447-6  information resources technologies; or
  447-7              (7)  accept or receive money or another thing of value
  447-8  from an individual, firm, or corporation to whom a contract may be
  447-9  awarded, directly or indirectly, by rebate, gift, or otherwise.
 447-10        (b)  The executive director shall dismiss an employee of the
 447-11  department who violates a prohibition under Subsection (a), and the
 447-12  board shall remove the executive director if the executive director
 447-13  violates a prohibition under Subsection (a).  (V.A.C.S. Art.
 447-14  4413(32j), Sec. 8.)
 447-15        Sec. 2054.023.  COMPENSATION; EXPENSES.  (a)  A member of the
 447-16  board may not receive compensation for services as a board member.
 447-17        (b)  A member is entitled to reimbursement for actual and
 447-18  necessary expenses reasonably incurred in connection with the
 447-19  performance of those services, subject to any applicable limitation
 447-20  on reimbursement provided by the General Appropriations Act.
 447-21        (c)  An ex officio member is entitled to reimbursement for
 447-22  those expenses under the rules of the member's office.  (V.A.C.S.
 447-23  Art. 4413(32j), Sec. 6(e).)
 447-24        Sec. 2054.024.  VACANCY.  (a)  The governor shall appoint a
 447-25  board member to fill a vacancy under the same procedure that
 447-26  applied to the original appointment for that position.
 447-27        (b)  If the presiding officer's position is vacant, the
  448-1  executive director shall perform nonvoting duties of the presiding
  448-2  officer until the governor designates a new presiding officer.
  448-3        (c)  If the final result of an action brought in a court of
  448-4  competent jurisdiction is that an ex officio or other member of the
  448-5  board may not serve on the board under the Texas Constitution, the
  448-6  appropriate individual shall promptly submit a list to the governor
  448-7  for the appointment of a replacement who may serve.  (V.A.C.S. Art.
  448-8  4413(32j), Sec. 6(d).)
  448-9        Sec. 2054.025.  Removal of Board Member.  (a)  It is a ground
 448-10  for removal from the board if a member:
 448-11              (1)  does not have at the time of appointment the
 448-12  qualifications or status required for appointment to the board;
 448-13              (2)  does not maintain during service on the board the
 448-14  qualifications or status required for initial appointment to the
 448-15  board;
 448-16              (3)  violates a prohibition established by Section
 448-17  2054.022;
 448-18              (4)  cannot discharge because of illness or disability
 448-19  the member's duties for a substantial part of the term for which
 448-20  the member is appointed; or
 448-21              (5)  is absent from more than half of the regularly
 448-22  scheduled board meetings that the member is eligible to attend
 448-23  during a state fiscal year unless the absence is excused by
 448-24  majority vote of the board.
 448-25        (b)  The validity of an action of the board is not affected
 448-26  by the fact that it is taken while a ground for removal of a member
 448-27  of the board exists.
  449-1        (c)  If the executive director has knowledge that a potential
  449-2  ground for removal exists, the executive director shall inform the
  449-3  presiding officer.  The presiding officer shall then inform the
  449-4  governor of the potential ground for removal.  (V.A.C.S. Art.
  449-5  4413(32j), Sec. 7.)
  449-6        Sec. 2054.026.  LIMITATION ON LIABILITY.  A member of the
  449-7  board is not liable in a civil action for an act performed in good
  449-8  faith in the performance of the member's duties.  (V.A.C.S. Art.
  449-9  4413(32j), Sec. 6(f).)
 449-10        Sec. 2054.027.  MEETINGS; ACTION OF BOARD.  (a)  The board
 449-11  shall meet at least once in each quarter of the state fiscal year
 449-12  and may meet at other times at the call of the presiding officer or
 449-13  as provided by department rule.
 449-14        (b)  When a quorum is present, an affirmative vote of a
 449-15  majority of the members of the board present is necessary for an
 449-16  action of the board to be effective.  (V.A.C.S. Art. 4413(32j),
 449-17  Secs. 6(g), (h), (i).)
 449-18        Sec. 2054.028.  PRESIDING OFFICER.  The governor shall
 449-19  designate a member of the board to serve as presiding officer at
 449-20  the discretion of the governor.  (V.A.C.S. Art. 4413(32j), Sec.
 449-21  6(c).)
 449-22        Sec. 2054.029.  Executive Director; Staff.  (a)  The board
 449-23  shall employ an executive director and other employees necessary to
 449-24  implement its duties.
 449-25        (b)  The executive director shall provide to the department's
 449-26  employees, as often as necessary, information regarding their
 449-27  qualifications for employment and their responsibilities under
  450-1  applicable laws relating to standards of conduct for state
  450-2  employees.  (V.A.C.S. Art. 4413(32j), Sec. 11(a).)
  450-3        Sec. 2054.030.  MERIT PAY.  (a)  The department shall develop
  450-4  a system of annual performance evaluations.
  450-5        (b)  All merit pay for department employees must be awarded
  450-6  under the system established under this section.  (V.A.C.S. Art.
  450-7  4413(32j), Sec. 11(b).)
  450-8        Sec. 2054.031.  CAREER LADDER.  (a)  The department shall
  450-9  develop an intraagency career ladder program.
 450-10        (b)  The program shall require intraagency postings of all
 450-11  nonentry level positions concurrently with any public posting.
 450-12  (V.A.C.S. Art. 4413(32j), Sec. 11(c).)
 450-13        Sec. 2054.032.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The
 450-14  department shall prepare and maintain a written policy statement to
 450-15  assure implementation of a program of equal employment opportunity
 450-16  under which all personnel transactions are made without regard to
 450-17  race, color, disability, sex, religion, age, or national origin.
 450-18        (b)  The policy statement must include personnel policies,
 450-19  including policies relating to recruitment, evaluation, selection,
 450-20  appointment, training, and promotion of personnel.  (V.A.C.S. Art.
 450-21  4413(32j), Sec. 11(d).)
 450-22        Sec. 2054.033.  Advisory Committees.  (a)  The board and the
 450-23  executive director, if authorized by the board, may appoint
 450-24  advisory committees as the department considers necessary to
 450-25  provide expertise to the department.
 450-26        (b)  A member of an advisory committee serves at the
 450-27  discretion of the board.
  451-1        (c)  A member of an advisory committee may not receive
  451-2  compensation for service on the committee.  A member is entitled to
  451-3  reimbursement for actual and necessary expenses reasonably incurred
  451-4  in performing that service, subject to any applicable limitation on
  451-5  reimbursement provided by the General Appropriations Act.
  451-6        (d)  At least one member of each advisory committee must be
  451-7  an employee of a state agency.  (V.A.C.S. Art. 4413(32j), Sec. 10.)
  451-8        Sec. 2054.034.  FUND.  The comptroller shall establish in the
  451-9  state treasury the Department of Information Resources revolving
 451-10  fund account for the administration of this chapter.  The account
 451-11  may be used only:
 451-12              (1)  as a depository for funds received as payments
 451-13  from state agencies for services provided under this chapter for
 451-14  which payment is authorized under this chapter;
 451-15              (2)  as a source of funds for the department to
 451-16  purchase, lease, or acquire in any other manner services, supplies,
 451-17  software products, and equipment necessary for implementing the
 451-18  department's duties relating to services provided to state agencies
 451-19  for which the department receives payment from state agencies under
 451-20  this chapter; and
 451-21              (3)  to pay salaries, wages, and other costs directly
 451-22  attributable to the services provided to state agencies for which
 451-23  the department receives payment from those agencies under this
 451-24  chapter.  (V.A.C.S. Art. 4413(32j), Sec. 22(d).)
 451-25        (Sections 2054.035 to 2054.050 reserved for expansion)
 451-26        SUBCHAPTER C.  GENERAL POWERS AND DUTIES OF DEPARTMENT
 451-27        Sec. 2054.051.  General Duties of Department.  (a)  The
  452-1  department shall provide the leadership in and coordination of
  452-2  information resources management within state government.
  452-3        (b)  The department shall monitor national and international
  452-4  standards relating to information resources technologies, develop
  452-5  and publish policies, procedures, and standards relating to
  452-6  information resources management by state agencies, and ensure
  452-7  compliance with those policies, procedures, and standards.
  452-8        (c)  The department shall provide and coordinate an
  452-9  information resources management training program for the
 452-10  departments of state government.
 452-11        (d)  The department shall establish an information resources
 452-12  technology evaluation center for use by the department and other
 452-13  state agencies.
 452-14        (e)  The department shall provide for all interagency use of
 452-15  information resources technologies by state agencies, except for
 452-16  telecommunications services provided by the General Services
 452-17  Commission under other law.  The department may provide for
 452-18  interagency use of information resources technologies either
 452-19  directly or by certifying another state agency to provide specified
 452-20  uses of information resources technologies to other state agencies.
 452-21  (V.A.C.S. Art. 4413(32j), Secs. 9(b), (d), (e), (i), (j).)
 452-22        Sec. 2054.052.  General Powers of Department.  (a)  The
 452-23  department may adopt rules as necessary to implement its
 452-24  responsibility under this chapter.
 452-25        (b)  The department may require each state agency to report
 452-26  to the department:
 452-27              (1)  each agency's use of information resources
  453-1  technologies;
  453-2              (2)  the effect of those technologies on the duties and
  453-3  functions of the agency;
  453-4              (3)  the costs incurred by the agency in the
  453-5  acquisition and use of those technologies;
  453-6              (4)  the procedures followed in obtaining those
  453-7  technologies;
  453-8              (5)  the categories of information produced by the
  453-9  agency; and
 453-10              (6)  other information relating to information
 453-11  resources management that in the judgment of the department should
 453-12  be reported.
 453-13        (c)  The department may provide technical and managerial
 453-14  assistance relating to information resources management at the
 453-15  request of a state agency.
 453-16        (d)  The department may report to the governor and to the
 453-17  presiding officer of each house of the legislature any factors that
 453-18  in the opinion of the department are outside the duties of the
 453-19  department but that inhibit or promote the effective exchange and
 453-20  use of information in state government.  (V.A.C.S. Art. 4413(32j),
 453-21  Secs. 9(a), (c), (f), (l).)
 453-22        Sec. 2054.053.  LEGISLATIVE BUDGET INSTRUCTIONS;
 453-23  APPROPRIATION REQUESTS.  (a)  The department may identify, develop,
 453-24  and recommend to the Legislative Budget Board issues related to
 453-25  information resources management to be considered when developing
 453-26  the legislative budget instructions to state agencies.  The
 453-27  department shall inform the governor of issues that are recommended
  454-1  to the Legislative Budget Board under this subsection.
  454-2        (b)  At the request of a state agency, the department may
  454-3  assist the agency in the preparation of projects to be submitted as
  454-4  part of the agency's legislative appropriation request and may make
  454-5  recommendations on any proposed projects.  The recommendations
  454-6  under this subsection apply to a project and not to a specific
  454-7  procurement or set of specifications.  (V.A.C.S. Art. 4413(32j),
  454-8  Secs. 9(g), (h).)
  454-9        Sec. 2054.054.  CLIENT OMNIBUS REGISTRY AND EXCHANGE DATA
 454-10  BASES.  (a)  The department may develop and maintain a client
 454-11  omnibus registry and exchange data bases to cover public and
 454-12  private health and human services, programs, and clients and to
 454-13  facilitate the exchange of data among the state's health and human
 454-14  services agencies.
 454-15        (b)  The department must assure in maintaining the
 454-16  information that:
 454-17              (1)  health and mental health communications and
 454-18  records privileged under Chapter 239, Acts of the 66th Legislature,
 454-19  Regular Session, 1979 (Article 5561h, Vernon's Texas Civil
 454-20  Statutes), the Medical Practice Act (Article 4495b, Vernon's Texas
 454-21  Civil Statutes), and the Texas Rules of Civil Evidence remain
 454-22  confidential and privileged;
 454-23              (2)  personally identifiable health and mental health
 454-24  communications and records of persons involved in the receipt or
 454-25  delivery of health or human services are confidential and
 454-26  privileged; and
 454-27              (3)  a private source is not required to provide
  455-1  confidential health or mental health communications or records
  455-2  unless a law specifically requires disclosure.  (V.A.C.S. Art.
  455-3  4413(32j), Sec. 9(m).)
  455-4        Sec. 2054.055.  Annual Report.  (a)  Not later than February
  455-5  1 of each year, the board shall review and approve the department's
  455-6  annual report on the information resources management activities of
  455-7  state government, derived from the annual performance reports
  455-8  submitted to the department by state agencies under Section
  455-9  2054.111.
 455-10        (b)  The annual report must:
 455-11              (1)  assess the progress made toward meeting the goals
 455-12  and objectives of the state strategic plan for information
 455-13  resources management;
 455-14              (2)  describe major accomplishments of the state and
 455-15  each state agency in information resources management;
 455-16              (3)  describe the existing major data bases and
 455-17  applications in each agency;
 455-18              (4)  describe all existing interagency computer
 455-19  networks;
 455-20              (5)  provide a summary of the total expenditures for
 455-21  information resources and information resources technologies by
 455-22  each agency and the state;
 455-23              (6)  provide an inventory list, by major categories, of
 455-24  the state's information resources technologies; and
 455-25              (7)  identify and make recommendations regarding
 455-26  opportunities for multiagency information resources management
 455-27  activities.
  456-1        (c)  The department shall submit to the governor and to the
  456-2  Legislative Budget Board the approved annual report.
  456-3        (d)  The department may make interim reports that it
  456-4  considers necessary.  (V.A.C.S. Art. 4413(32j), Sec. 13.)
  456-5        Sec. 2054.056.  COMPUTER SERVICE FACILITY.  (a)  The
  456-6  department shall operate a self-supporting computer service
  456-7  facility and provide computer services to state agencies that
  456-8  choose to subscribe to the service.
  456-9        (b)  Services provided under this section may include:
 456-10              (1)  automation feasibility studies;
 456-11              (2)  systems analysis and design;
 456-12              (3)  program development and maintenance;
 456-13              (4)  computer operation;
 456-14              (5)  remote device installation and services;
 456-15              (6)  management of data processing facilities;
 456-16              (7)  consulting services;
 456-17              (8)  training;
 456-18              (9)  technology evaluation;
 456-19              (10)  installation and maintenance of interagency
 456-20  networks;
 456-21              (11)  operation of a disaster recovery site to prevent
 456-22  loss of information; and
 456-23              (12)  other related services.  (V.A.C.S. Art.
 456-24  4413(32j), Secs. 9(k); 21(b).)
 456-25        Sec. 2054.057.  Payment and Accounting For Services.
 456-26  (a)  The department shall develop a billing rate plan that makes
 456-27  the department's provision of services under Section 2054.056
  457-1  self-supporting.  The plan must coincide with the two-year state
  457-2  budgeting cycle.
  457-3        (b)  The department shall establish separate cost centers for
  457-4  different functions or groups of functions.  The billing rate plan
  457-5  must show the proposed rates for the use of each cost center and
  457-6  apply the same rate structure to all state agencies using a given
  457-7  cost center.  (V.A.C.S. Art. 4413(32j), Secs. 22(a), (b).)
  457-8        Sec. 2054.058.  CUSTOMER OVERSIGHT COMMITTEE.  (a)  The
  457-9  department shall establish a customer oversight committee composed
 457-10  of chosen representatives of state agencies that use the
 457-11  department's computer services provided under Section 2054.056.
 457-12        (b)  The department and committee must mutually determine the
 457-13  components of the rate structure under Section 2054.057.
 457-14        (c)  The committee shall review and comment on the billing
 457-15  rate plan under Section 2054.057 at least once each fiscal year.
 457-16  (V.A.C.S. Art. 4413(32j), Sec. 22(c).)
 457-17        Sec. 2054.059.  TELECOMMUNICATIONS PLANNING AND POLICY.
 457-18  (a)  The department shall establish plans and policies for a system
 457-19  of telecommunications services to be managed and operated by the
 457-20  General Services Commission.
 457-21        (b)  The department, comptroller, and General Services
 457-22  Commission shall develop a statewide telecommunications operating
 457-23  plan for all state agencies.  The plan shall implement a statewide
 457-24  network and include technical specifications that are binding on
 457-25  the managing and operating agency.
 457-26        (c)  The department shall adopt appropriate policies and
 457-27  standards that govern the cost-effective and efficient management,
  458-1  operation, and use of state telecommunications services and shall
  458-2  distribute those policies and standards to all state agencies.
  458-3        (d)  Each state agency shall comply with the rules, policies,
  458-4  standards, and guidelines adopted under this section.
  458-5        (e)  The department shall coordinate its duties in this
  458-6  section on matters relating to statewide telecommunications issues
  458-7  with:
  458-8              (1)  the comptroller to achieve the goal of a single
  458-9  centralized telecommunications network; and
 458-10              (2)  other state agencies as appropriate.  (V.A.C.S.
 458-11  Art. 4413(32j), Sec. 9A.)
 458-12        (Sections 2054.060 to 2054.070 reserved for expansion)
 458-13             SUBCHAPTER D.  INFORMATION RESOURCES MANAGERS
 458-14        Sec. 2054.071.  Identity of Manager.  The individual required
 458-15  to sign a state agency's strategic plan under Subchapter E, or that
 458-16  individual's designated representative, shall serve as the agency's
 458-17  information resources manager.  (V.A.C.S. Art. 4413(32j),
 458-18  Sec. 19(a) (part).)
 458-19        Sec. 2054.072.  CONFLICT OF INTEREST.  A member of the board
 458-20  may not serve as the information resources manager of a state
 458-21  agency.  (V.A.C.S. Art. 4413(32j), Sec. 19(a) (part).)
 458-22        Sec. 2054.073.  DESIGNATION OF DEPARTMENT.  (a)  If the
 458-23  department performs substantially all information processing for a
 458-24  state agency, the agency may designate the department as the
 458-25  agency's information resources manager.
 458-26        (b)  The department by rule may define the circumstances in
 458-27  which it may serve as a state agency's information resources
  459-1  manager.  (V.A.C.S. Art. 4413(32j), Sec. 19(b).)
  459-2        Sec. 2054.074.  RESPONSIBILITY OF INFORMATION RESOURCES
  459-3  MANAGER.  The information resources manager shall prepare the
  459-4  operating plans under Subchapter E and the annual performance
  459-5  report under Section 2054.111.  (V.A.C.S. Art. 4413(32j),
  459-6  Sec. 19(e).)
  459-7        Sec. 2054.075.  COOPERATION WITH INFORMATION RESOURCES
  459-8  MANAGER.  Each state agency shall cooperate as necessary with its
  459-9  information resources manager to enable that individual to perform
 459-10  the manager's duties.  (V.A.C.S. Art. 4413(32j), Sec. 19(c).)
 459-11        Sec. 2054.076.  CONTINUING EDUCATION.  (a)  The department
 459-12  shall provide guidelines to state agencies regarding the initial
 459-13  and continuing education requirements needed for information
 459-14  resources managers.
 459-15        (b)  An individual who is appointed the information resources
 459-16  manager of a state agency before September 1, 1992, is exempt from
 459-17  the requirements of the department regarding initial education
 459-18  needed for that position.
 459-19        (c)  The department may provide educational materials and
 459-20  seminars for state agencies and information resources managers.
 459-21  (V.A.C.S. Art. 4413(32j), Sec. 19(d).)
 459-22        (Sections 2054.077 to 2054.090 reserved for expansion)
 459-23             SUBCHAPTER E.  STRATEGIC AND OPERATING PLANS
 459-24        Sec. 2054.091.  Preparation of State Strategic Plan.
 459-25  (a)  The executive director shall prepare a state strategic plan
 459-26  for information resources management for the board's review and
 459-27  approval.
  460-1        (b)  In preparing the state strategic plan, the executive
  460-2  director shall assess and report on:
  460-3              (1)  practices of state agencies regarding information
  460-4  resources management, including interagency and interbranch
  460-5  communication and interagency resource sharing;
  460-6              (2)  current and future information resources
  460-7  management technologies and practices and their potential
  460-8  application to state government; and
  460-9              (3)  any issue the department determines is relevant to
 460-10  the development of the state strategic plan.
 460-11        (c)  Each state agency shall cooperate with the executive
 460-12  director in providing information that will enable the executive
 460-13  director to assess agency practices.
 460-14        (d)  The executive director shall appoint an advisory
 460-15  committee to assist in the preparation of the state strategic plan.
 460-16  The members of the advisory committee must be approved by the board
 460-17  and must include officers or employees of state government.
 460-18        (e)  The executive director shall consult the General
 460-19  Services Commission or its successor in function on the direction
 460-20  of developments in the telecommunications field.  The commission
 460-21  shall give the executive director the assistance that the executive
 460-22  director requests in preparing the state strategic plan.  (V.A.C.S.
 460-23  Art. 4413(32j), Secs. 12(a) (part), (b)-(d).)
 460-24        Sec. 2054.092.  CONTENT OF STATE STRATEGIC PLAN.  The state
 460-25  strategic plan must:
 460-26              (1)  provide a strategic direction for information
 460-27  resources management in state government for the five fiscal years
  461-1  following adoption of the plan;
  461-2              (2)  provide guidance to state agencies in the
  461-3  development of the agency strategic plans;
  461-4              (3)  establish goals and objectives relating to
  461-5  information resources management;
  461-6              (4)  provide long-range policy guidelines for
  461-7  information resources in state government, including the
  461-8  implementation of national and international standards for
  461-9  information resources technologies;
 461-10              (5)  identify major issues relating to improved
 461-11  information resources management, including the identification of
 461-12  needed procurement policy initiatives to encourage competition
 461-13  between providers of information resources technologies; and
 461-14              (6)  identify priorities for the implementation of
 461-15  information resources technologies according to the relative
 461-16  economic and social impact on the state.  (V.A.C.S. Art. 4413(32j),
 461-17  Sec. 12(a) (part).)
 461-18        Sec. 2054.093.  AMENDMENT OF STATE STRATEGIC PLAN.
 461-19  (a)  After approval and adoption of the state strategic plan by the
 461-20  board, the board may amend the plan at any time in response to
 461-21  technological advancements, changes in legislation, practical
 461-22  experience, or new issues relating to information resources
 461-23  management.
 461-24        (b)  The board shall adopt a revised plan not later than
 461-25  November 1 of each odd-numbered year.  (V.A.C.S. Art. 4413(32j),
 461-26  Sec. 12(e).)
 461-27        Sec. 2054.094.  SUBMISSION OF STATE STRATEGIC PLAN.  The
  462-1  board shall send the state strategic plan and each amended or
  462-2  revised plan to the governor and to the Legislative Budget Board.
  462-3  (V.A.C.S. Art. 4413(32j), Sec. 12(f).)
  462-4        Sec. 2054.095.  PREPARATION OF AGENCY STRATEGIC PLAN.
  462-5  (a)  Each state agency shall prepare an agency strategic plan for
  462-6  information resources management.
  462-7        (b)  The agency strategic plan must be signed by the
  462-8  presiding officer of the governing body of the state agency if the
  462-9  agency is governed by one or more fully paid full-time state
 462-10  officials, and otherwise by the executive director of the agency.
 462-11        (c)  The agency strategic plan shall be prepared in a format
 462-12  prescribed by the department.
 462-13        (d)  The department by rule shall adopt instructions,
 462-14  consistent with Section 2054.096, that guide state agencies in the
 462-15  preparation of their agency strategic plans.  The instructions must
 462-16  include the general criteria under which the department will
 462-17  evaluate the plan.  The department shall send the instructions to
 462-18  each state agency not later than February 1 of each even-numbered
 462-19  year.  (V.A.C.S. Art. 4413(32j), Secs. 14(a) (part), (b).)
 462-20        Sec. 2054.096.  CONTENT OF AGENCY STRATEGIC PLAN.  Each
 462-21  agency strategic plan must be consistent with the state strategic
 462-22  plan and include:
 462-23              (1)  a statement of the state agency's goals,
 462-24  objectives, and programs as found in the agency's legislative
 462-25  appropriations request;
 462-26              (2)  a description of the agency's major data bases and
 462-27  their applications;
  463-1              (3)  a description of the agency's information
  463-2  resources management organizations, policies, and practices;
  463-3              (4)  a description of interagency computer networks in
  463-4  which the agency participates;
  463-5              (5)  a statement of the strategic objectives of the
  463-6  agency relating to information resources management for the next
  463-7  five fiscal years, beginning with the fiscal year during which the
  463-8  plan is submitted, with a description of how those objectives help
  463-9  achieve the agency's programs and goals, and a description of how
 463-10  those objectives support and promote the goals and policies of the
 463-11  state strategic plan; and
 463-12              (6)  other planning components that the department may
 463-13  prescribe.  (V.A.C.S. Art. 4413(32j), Sec. 14(c).)
 463-14        Sec. 2054.097.  REVIEW OF AGENCY STRATEGIC PLAN.  (a)  A
 463-15  state agency shall send its strategic plan to the department for
 463-16  review and approval not later than January 1 of each odd-numbered
 463-17  year.
 463-18        (b)  The department shall review and approve or disapprove
 463-19  each agency strategic plan not later than April 15 of each
 463-20  odd-numbered year.
 463-21        (c)  The department shall notify a state agency of plan
 463-22  approval in writing.
 463-23        (d)  The department may not disapprove an agency strategic
 463-24  plan or plan amendment on the ground that some aspect of the plan
 463-25  is not best suited to the state agency's execution of its own duty,
 463-26  but the department may make a finding to that effect and report
 463-27  that finding to the agency, the governor, the state auditor, the
  464-1  Legislative Budget Board, and the presiding officer of each house
  464-2  of the legislature.  This subsection does not affect the powers of
  464-3  the governor, the Legislative Budget Board, or any other entity
  464-4  under other law.  (V.A.C.S. Art. 4413(32j), Secs. 14(a) (part), (d)
  464-5  (part), (g).)
  464-6        Sec. 2054.098.  APPROVAL OR DISAPPROVAL OF AGENCY STRATEGIC
  464-7  PLAN.  (a)  If a plan is disapproved, the department shall provide
  464-8  to the state agency in writing notice of and the reasons for
  464-9  disapproval and the changes that are necessary for the plan's
 464-10  approval.
 464-11        (b)  If a state agency cannot resolve the problems that
 464-12  caused disapproval of a plan within 30 days after the date that the
 464-13  notice of disapproval is received, the information resources
 464-14  manager of the agency shall provide to the department in writing
 464-15  not later than the 30th day after the date that the notice of
 464-16  disapproval is received the reasons why the problems cannot be
 464-17  timely resolved.
 464-18        (c)  An approved agency strategic plan shall be amended by a
 464-19  state agency to reflect any significant changes being proposed by
 464-20  the agency that relate to information resources.  A plan amendment
 464-21  shall be submitted to the department for approval.  The department
 464-22  shall notify an agency in writing of approval or disapproval of the
 464-23  amendment within 30 days after the date the amendment is received.
 464-24  If a plan amendment is disapproved, the department shall provide to
 464-25  the individual responsible for signing the agency's plan the
 464-26  reasons for disapproval in writing.
 464-27        (d)  A state agency that disagrees with the department's
  465-1  final disapproval of an agency strategic plan or amendment to the
  465-2  plan may, after complying with Subsections (b) and (c), submit a
  465-3  written request to the executive director for special review.  On
  465-4  receipt of a request, the executive director shall inform the
  465-5  board.  The board shall consider the merits of the agency's
  465-6  position and make its decision on the matter at the next regularly
  465-7  scheduled board meeting.  The state agency may appear and present
  465-8  its position at that meeting.  The decision of the board is final.
  465-9  (V.A.C.S. Art. 4413(32j), Secs. 14(d) (part), (e), (f).)
 465-10        Sec. 2054.099.  INITIAL OPERATING PLAN OF STATE AGENCY.
 465-11  (a)  Once each biennium, each state agency's information resources
 465-12  manager shall prepare an initial operating plan.
 465-13        (b)  A state agency is not required to identify specific
 465-14  acquisitions or the method of acquisition in the initial operating
 465-15  plan.
 465-16        (c)  An initial operating plan must be approved by the
 465-17  governing body of the state agency and submitted to the department
 465-18  for approval not later than the date that the agency is required to
 465-19  submit its first legislative appropriations request.
 465-20        (d)  An initial operating plan must, for each request under
 465-21  each Legislative Budget Board assumption:
 465-22              (1)  state how the state agency's requested
 465-23  appropriations for the management, operation, and procurement of
 465-24  information resources would be spent;
 465-25              (2)  contain a summary of the agency's needs for
 465-26  information resources technologies and the estimated cost of
 465-27  meeting those needs during the next biennium;
  466-1              (3)  list the existing and proposed projects for the
  466-2  agency during the next biennium, including:
  466-3                    (A)  the anticipated measurable benefits of those
  466-4  projects and the measurement standards used to determine those
  466-5  benefits;
  466-6                    (B)  the major resources required to conduct the
  466-7  projects;
  466-8                    (C)  the agency's estimated total cost of each
  466-9  project by legislative program as found in the agency's legislative
 466-10  appropriations request;
 466-11                    (D)  the cost and implementation schedule for
 466-12  each stage of each project;
 466-13                    (E)  the number, type, approximate cost,
 466-14  schedule, and, if known, the planned method of acquisition for all
 466-15  procurements associated with each project that are subject to
 466-16  review under department rules; and
 466-17                    (F)  the estimated internal development costs for
 466-18  each project, including an allocation of costs for the use of fixed
 466-19  assets and an allocation for administrative costs;
 466-20              (4)  provide an estimate, given the estimated work
 466-21  load, of the percentage of existing and proposed information
 466-22  resources technologies that will be required after all existing and
 466-23  proposed projects are implemented; and
 466-24              (5)  provide any other information that the department
 466-25  considers necessary.  (V.A.C.S. Art. 4413(32j), Sec. 15.)
 466-26        Sec. 2054.100.  FINAL OPERATING PLAN OF STATE AGENCY.
 466-27  (a)  Each state agency shall submit a final operating plan to the
  467-1  department not later than the earliest of the following dates of
  467-2  each odd-numbered year:
  467-3              (1)  September 1;
  467-4              (2)  the 60th day after the date the General
  467-5  Appropriations Act becomes law if it becomes law on or before July
  467-6  31 of that year; or
  467-7              (3)  the 30th day after the date the General
  467-8  Appropriations Act becomes law if it becomes law after July 31 of
  467-9  that year.
 467-10        (b)  At a minimum, the plan must include, in addition to the
 467-11  information required in the initial operating plan, the following:
 467-12              (1)  the amount of money related to information
 467-13  resources actually appropriated to the state agency for the
 467-14  biennium beginning September 1; and
 467-15              (2)  an identification of changes, if any, in the
 467-16  agency's priorities for projects and associated procurements stated
 467-17  in the initial operating plan.
 467-18        (c)  The department may consult the comptroller to verify a
 467-19  state agency's approved funds.
 467-20        (d)  A state agency shall amend its final operating plan when
 467-21  necessary to:
 467-22              (1)  reflect changes in the plan during a biennium; or
 467-23              (2)  show the impact of a consulting services contract
 467-24  or report that may affect software development, hardware
 467-25  configuration, or changes in the agency's management of information
 467-26  resources.
 467-27        (e)  The substance of any amendment submitted to a final
  468-1  operating plan must also be included in an appropriate approved
  468-2  agency strategic plan or approved agency strategic plan amendment.
  468-3  (V.A.C.S. Art. 4413(32j), Sec. 16.)
  468-4        Sec. 2054.101.  INSTRUCTIONS FOR PREPARING OPERATING PLANS.
  468-5  (a)  The department by rule shall adopt instructions to guide state
  468-6  agencies in their preparation of initial operating plans and final
  468-7  operating plans.
  468-8        (b)  The instructions must:
  468-9              (1)  specify the format of the plans;
 468-10              (2)  require the submission of the information required
 468-11  by this chapter; and
 468-12              (3)  list the general criteria that the department will
 468-13  use to evaluate the plans.  (V.A.C.S. Art. 4413(32j), Sec. 17(a).)
 468-14        Sec. 2054.102.  APPROVAL OR DISAPPROVAL OF OPERATING PLANS.
 468-15  (a)  The department shall notify a state agency in writing of the
 468-16  department's approval or disapproval of an initial operating plan.
 468-17  The notification shall be sent not later than the 120th day after
 468-18  the date the department receives the plan.
 468-19        (b)  The department shall notify a state agency in writing of
 468-20  the department's approval or disapproval of a final operating plan.
 468-21  The notification shall be sent not later than the 30th day after
 468-22  the date the department receives the plan.  If the department's
 468-23  determination is due after September 1 of an odd-numbered year, a
 468-24  state agency may operate as if the plan had been approved until the
 468-25  department actually makes its determination.
 468-26        (c)  If the department disapproves a state agency's initial
 468-27  operating plan or final operating plan, the department shall
  469-1  provide to the agency in writing the reasons for the disapproval.
  469-2  If the agency cannot resolve the problems that caused disapproval
  469-3  within 30 days after the date the notice of disapproval is
  469-4  received, the agency shall notify the department in writing of the
  469-5  reasons why the problems cannot be resolved.  The notification
  469-6  shall be sent to the department not later than the 30th day after
  469-7  the date the agency receives notice of the department's
  469-8  disapproval.
  469-9        (d)  Before a state agency may amend its final operating
 469-10  plan, the agency must submit the proposed amendment to the
 469-11  department for approval.  All amendments affecting operations
 469-12  during a fiscal year must be submitted not later than June 1 of
 469-13  that fiscal year.  The department shall notify the agency of the
 469-14  department's approval or disapproval not later than the 30th day
 469-15  after the date the proposed amendment is received.  If the
 469-16  department disapproves a proposed amendment, the department shall
 469-17  state the reasons for the disapproval in writing to the agency's
 469-18  information resources manager.  The department shall adopt rules
 469-19  for the procedures a state agency must follow when submitting a
 469-20  revision of proposed amendments to the department after the
 469-21  department has disapproved the amendments.
 469-22        (e)  The department may not approve a state agency's initial
 469-23  operating plan or final operating plan unless the agency has
 469-24  submitted and the department has approved a current agency
 469-25  strategic plan.
 469-26        (f)  A state agency that disagrees with the department's
 469-27  disapproval of an initial operating plan, final operating plan, or
  470-1  an amendment to either of those plans may submit a written request
  470-2  to the department for special review.  On receipt of a request, the
  470-3  executive director shall inform the board.  The board shall
  470-4  consider the merits of the agency's position and make its decision
  470-5  on the matter at the next regularly scheduled board meeting.  The
  470-6  state agency may appear and present its position at that meeting.
  470-7  The decision of the board is final.  The board shall adopt rules
  470-8  for the fair and efficient administration of this subsection.
  470-9  (V.A.C.S. Art. 4413(32j), Secs. 17(b)-(g).)
 470-10        Sec. 2054.103.  SUBMISSION OF OPERATING PLANS AND CERTAIN
 470-11  PROCUREMENT INFORMATION.  (a)  Each state agency shall send a copy
 470-12  of its final operating plan, as approved by the department, to the
 470-13  governor, the Legislative Budget Board, and the state auditor not
 470-14  later than the 30th day after the date the department approves the
 470-15  plan.
 470-16        (b)  As a consequence of evaluating an initial operating plan
 470-17  or a final operating plan, the department may require a state
 470-18  agency to submit or obtain certain information as part of its
 470-19  procurement process when:
 470-20              (1)  an agency is planning a noncompetitive
 470-21  procurement;
 470-22              (2)  an agency is planning a system conversion; or
 470-23              (3)  the department determines that the information
 470-24  would be necessary or appropriate.  (V.A.C.S. Art. 4413(32j), Secs.
 470-25  17(h) (part), (i).)
 470-26        Sec. 2054.104.  DENIAL OF ACCESS TO APPROPRIATIONS ON FAILURE
 470-27  TO SUBMIT OPERATING PLAN AND CERTAIN PROCUREMENT INFORMATION.
  471-1  (a)  If a state agency fails to comply with Section 2054.103, the
  471-2  governor may direct the comptroller to deny the agency access to
  471-3  the agency's appropriations that relate to the management of
  471-4  information resources.
  471-5        (b)  The denial of access may continue until the governor is
  471-6  satisfied with the state agency's compliance with this section.
  471-7  (V.A.C.S. Art. 4413(32j), Sec. 17(h) (part).)
  471-8        (Sections 2054.105 to 2054.110 reserved for expansion)
  471-9       SUBCHAPTER F.  OTHER POWERS AND DUTIES OF STATE AGENCIES
 471-10        Sec. 2054.111.  ANNUAL PERFORMANCE REPORT.  (a)  Each state
 471-11  agency's information resources manager shall prepare an annual
 471-12  performance report.
 471-13        (b)  The department by rule shall prescribe the format for
 471-14  the annual performance report.
 471-15        (c)  Each state agency shall provide a copy of its annual
 471-16  performance report to the department for review and analysis not
 471-17  later than November 1 of each year.  (V.A.C.S. Art. 4413(32j),
 471-18  Secs. 20(a), (b), (d) (part).)
 471-19        Sec. 2054.112.  CONTENTS OF ANNUAL PERFORMANCE REPORT.  The
 471-20  annual performance report must contain:
 471-21              (1)  a description of the state agency's management of
 471-22  information resources in the preceding fiscal year;
 471-23              (2)  an assessment, by application, of the progress
 471-24  made toward implementing the agency strategic plan under Subchapter
 471-25  E;
 471-26              (3)  an assessment of the progress made toward
 471-27  implementing the agency's final operating plan under Subchapter E,
  472-1  which notes and explains any major differences between that plan
  472-2  and actual accomplishments;
  472-3              (4)  a summary, by project, of the major functional
  472-4  uses of information resources by the agency;
  472-5              (5)  a summary, by project, of the total estimated
  472-6  expenditures  for information resources management and use by the
  472-7  agency, including allocated administrative costs;
  472-8              (6)  a comparison of the agency's expenditures for
  472-9  information resources in the preceding fiscal year with the
 472-10  appropriations for those resources in the agency's approved budget,
 472-11  which notes and justifies differences between the two;
 472-12              (7)  an inventory, by major category as defined by rule
 472-13  of the department, of the agency's information  resources
 472-14  technologies, which specifically identifies the resources acquired
 472-15  during the preceding fiscal year; and
 472-16              (8)  an assessment of opportunities for participation
 472-17  with other state agencies in the use and management of information
 472-18  resources.  (V.A.C.S. Art. 4413(32j), Sec. 20(c).)
 472-19        Sec. 2054.113.  DENIAL OF ACCESS TO APPROPRIATIONS.  (a)  If
 472-20  a state agency fails to comply with the date its annual performance
 472-21  report is due under Section 2054.111 without good cause, the
 472-22  department may request the comptroller to deny the agency access to
 472-23  the agency's appropriations that relate to the management of
 472-24  information resources.
 472-25        (b)  If the comptroller denies access, the denial of access
 472-26  may continue until the department is satisfied with the state
 472-27  agency's compliance with this section.  (V.A.C.S. Art. 4413(32j),
  473-1  Sec. 20(d) (part).)
  473-2        Sec. 2054.114.  ACQUISITION SPECIFICATIONS.  (a)  A state
  473-3  agency may not acquire information resources technologies unless
  473-4  the agency first submits the specifications for the proposed
  473-5  acquisition to the department.  If the agency determines that the
  473-6  acquisition may be obtained from only one source, the agency shall
  473-7  state the reasons for that determination.
  473-8        (b)  The department shall determine whether the
  473-9  specifications of the proposed acquisition are consistent with the
 473-10  appropriate final operating plan and plan amendments under
 473-11  Subchapter E.
 473-12        (c)  If the department finds that the acquisition of
 473-13  information resources technologies described by the specifications
 473-14  would be inconsistent with the appropriate plan and plan
 473-15  amendments, the department shall notify the state agency and, for
 473-16  acquisitions made through the General Services Commission, the
 473-17  commission in writing of the finding and of the specific reasons
 473-18  for the finding.  The acquisition may not be made unless the
 473-19  department overturns its finding.
 473-20        (d)  If the department finds that the proposed acquisition is
 473-21  consistent with the appropriate plan and plan amendments, or if the
 473-22  department does not issue the notification of its finding of
 473-23  inconsistency on or before the 30th day after the date the
 473-24  department receives the specifications for the proposed
 473-25  acquisition, the acquisition may be made.
 473-26        (e)  The department by rule may establish procedures to
 473-27  exempt certain procurements from the requirements of this section
  474-1  and to expedite the requirements of this section for certain
  474-2  procurements.  The exempted procurements shall include technologies
  474-3  that are acquired through contracts and grants by an institution of
  474-4  higher education as defined by Section 61.003, Education Code, for
  474-5  instruction or research purposes.  (V.A.C.S. Art. 4413(32j), Secs.
  474-6  18(a)-(d).)
  474-7        Sec. 2054.115.  SALE OR LEASE OF SOFTWARE.  (a)  A state
  474-8  agency that develops automated information systems software may
  474-9  enter a contract with an individual or company for the sale, lease,
 474-10  marketing, or other distribution of the software.
 474-11        (b)  The state agency shall obtain under the contract a
 474-12  royalty, license right, or other appropriate means of securing
 474-13  appropriate compensation for the development of the software.
 474-14        (c)  Money received under the contract shall be deposited to
 474-15  the credit of the fund from which the development of the software
 474-16  was financed.
 474-17        (d)  To the extent of a conflict between this section and
 474-18  another provision of state law relating to automated information
 474-19  systems software, the other provision prevails.  (V.A.C.S.
 474-20  Art. 4413(32j), Sec. 23.)
 474-21        Sec. 2054.116.  COMPUTER SERVICES CONTRACTS.  (a)  A state
 474-22  agency that uses the department's computer services or computer
 474-23  services facility under Section 2054.056 must do so under contract
 474-24  with the department.
 474-25        (b)  A contract under this section is not subject to Chapter
 474-26  771 and is binding on the parties for the length of the contract.
 474-27        (c)  A contract may not be canceled before the end of a state
  475-1  fiscal biennium, unless the cancellation is approved by the
  475-2  department after having received at least 90 days' notice of the
  475-3  proposed cancellation.
  475-4        (d)  A state agency may contract with persons outside of
  475-5  government to obtain a service listed by Section 2054.056 if that
  475-6  would lower costs to the state and if the contract complies with
  475-7  this chapter.  (V.A.C.S. Art. 4413(32j), Secs. 21(a), (c).)
  475-8        Sec. 2054.117.  ELECTRONIC DATA PROCESSING CENTER.  (a)  Each
  475-9  state agency, if practicable, shall use the electronic data
 475-10  processing center operated by the comptroller in performing any of
 475-11  the agency's accounting and data processing activities that can be
 475-12  practically adapted to the use of the center's equipment.
 475-13        (b)  The comptroller shall permit the use of the center's
 475-14  computer and other data processing equipment by state agencies with
 475-15  or without charge under rules that ensure the proper use of the
 475-16  equipment for the efficient and economical management of state
 475-17  government.  (V.A.C.S. Art. 6252-12.)
 475-18      CHAPTER 2055.  FACULTY INFORMATION AND RESEARCH SERVICE FOR
 475-19                            TEXAS COMMITTEE
 475-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 475-21  Sec. 2055.001.  DEFINITIONS
 475-22  Sec. 2055.002.  COMPOSITION OF COMMITTEE
 475-23  Sec. 2055.003.  OFFICERS
 475-24  Sec. 2055.004.  COMPENSATION AND EXPENSES
 475-25  Sec. 2055.005.  MEETINGS
 475-26  Sec. 2055.006.  PERSONNEL; VOLUNTEERS
 475-27        (Sections 2055.007 to 2055.020 reserved for expansion)
  476-1                   SUBCHAPTER B.  POWERS AND DUTIES
  476-2  Sec. 2055.021.  GENERAL POWERS AND DUTIES
  476-3  Sec. 2055.022.  GIFT, GRANT, AND CONTRIBUTED SERVICE
  476-4                    OR FACILITY
  476-5  Sec. 2055.023.  FUNDING
  476-6      CHAPTER 2055.  FACULTY INFORMATION AND RESEARCH SERVICE FOR
  476-7                            TEXAS COMMITTEE
  476-8                   SUBCHAPTER A.  GENERAL PROVISIONS
  476-9        Sec. 2055.001.  DEFINITIONS.  In this chapter:
 476-10              (1)  "Administrators or faculty" means the
 476-11  administrators or faculty of a public or private institution of
 476-12  higher education in this state.
 476-13              (2)  "Committee" means the Faculty Information and
 476-14  Research Service for Texas Committee, FIRST Committee.
 476-15              (3)  "Service" means the Faculty Information and
 476-16  Research Service for Texas, Project FIRST.  (New.)
 476-17        Sec. 2055.002.  COMPOSITION OF COMMITTEE.  (a)  The committee
 476-18  is composed of:
 476-19              (1)  the chairman of the Senate Committee on Natural
 476-20  Resources;
 476-21              (2)  the chairman of the House Committee on
 476-22  Environmental Affairs;
 476-23              (3)  the director of the Legislative Reference Library;
 476-24              (4)  the president of the Texas Association of College
 476-25  Teachers;
 476-26              (5)  the president of the Texas chapter of the American
 476-27  Association of University Professors;
  477-1              (6)  a representative of the Independent Colleges and
  477-2  Universities of Texas, Inc.;
  477-3              (7)  a representative of the Texas Junior College
  477-4  Teachers Association;
  477-5              (8)  a representative of the Texas Public
  477-6  Community/Junior Colleges Association;
  477-7              (9)  a representative of the Council of Presidents of
  477-8  the Public Senior Colleges and Universities of Texas; and
  477-9              (10)  a representative of the Texas Legislative
 477-10  Council.
 477-11        (b)  A member who holds public office serves as an ex officio
 477-12  member.  The functions performed by an ex officio member are
 477-13  additional functions of the member's public office.
 477-14        (c)  An organization that is not represented on the committee
 477-15  may participate in the service and send a representative to the
 477-16  committee if the organization:
 477-17              (1)  represents the interests of an accredited public
 477-18  or private institution of higher education or its administrators or
 477-19  faculty; and
 477-20              (2)  requests and receives permission of the presiding
 477-21  officer of the committee.
 477-22        (d)  A committee member may designate a representative to act
 477-23  in the member's place at a meeting of the committee.  (V.A.C.S.
 477-24  Art. 4413(57), Secs. 2, 4.)
 477-25        Sec. 2055.003.  OFFICERS.  The committee annually shall elect
 477-26  from its members a presiding officer and other officers it
 477-27  considers necessary.  (V.A.C.S. Art. 4413(57), Sec. 3(a).)
  478-1        Sec. 2055.004.  COMPENSATION AND EXPENSES.  (a)  A member of
  478-2  the committee or a designated representative of a member may not
  478-3  receive compensation for service performed for the committee.
  478-4        (b)  A member of the committee or a designated representative
  478-5  of a member may receive reimbursement for actual or necessary
  478-6  expenses incurred in performing service for the committee only if
  478-7  the reimbursement is provided by an organization represented on the
  478-8  committee.  (V.A.C.S. Art. 4413(57), Sec. 5.)
  478-9        Sec. 2055.005.  MEETINGS.  The committee shall meet at the
 478-10  call of the presiding officer or as provided by committee rule.
 478-11  (V.A.C.S. Art. 4413(57), Sec. 3(b).)
 478-12        Sec. 2055.006.  PERSONNEL; VOLUNTEERS.  (a)  The committee
 478-13  may employ personnel and may use the voluntary assistance of
 478-14  administrators or faculty.
 478-15        (b)  An administrator or faculty member who provides
 478-16  information for the service is a volunteer and is not required to
 478-17  respond to a request for information from the service.  An
 478-18  administrator or faculty member may provide requested information
 478-19  if the administrator's or faculty member's time permits and the
 478-20  administrator or faculty member has expertise related to the
 478-21  request.  (V.A.C.S. Art. 4413(57), Secs. 6(a), 8(c).)
 478-22        (Sections 2055.007 to 2055.020 reserved for expansion)
 478-23                   SUBCHAPTER B.  POWERS AND DUTIES
 478-24        Sec. 2055.021.  GENERAL POWERS AND DUTIES.  (a)  The
 478-25  committee shall:
 478-26              (1)  establish and govern the service;
 478-27              (2)  make available to a legislative member, committee,
  479-1  or agency the expertise of administrators or faculty;
  479-2              (3)  use the expertise of administrators or faculty to
  479-3  provide an answer to a request for information from a legislative
  479-4  member, committee, or agency; and
  479-5              (4)  provide to the governor a service that the
  479-6  committee provides to a legislative member, committee, or agency if
  479-7  the governor requests the service and the committee approves the
  479-8  request.
  479-9        (b)  The committee may:
 479-10              (1)  adopt rules necessary for the administration of
 479-11  its functions; and
 479-12              (2)  before using the expertise of administrators or
 479-13  faculty, refer a legislative member, committee, or agency to a
 479-14  source of information located at an agency or other organization of
 479-15  the state to supplement an existing source of information.
 479-16  (V.A.C.S. Art. 4413(57), Secs. 1; 8(a), (b); 10.)
 479-17        Sec. 2055.022.  GIFT, GRANT, AND CONTRIBUTED SERVICE OR
 479-18  FACILITY.  (a)  The committee may accept a gift or grant from any
 479-19  source to be used by the committee to administer its functions.
 479-20        (b)  The committee may use a service or facility contributed
 479-21  to the committee by an officer or employee of the legislature.
 479-22  (V.A.C.S. Art. 4413(57), Secs. 6(b), 7.)
 479-23        Sec. 2055.023.  FUNDING.  The committee is to be funded by
 479-24  appropriations to the committee or to another organization in state
 479-25  government designated by the committee as having operational
 479-26  control of the service.  (V.A.C.S. Art. 4413(57), Sec. 9.)
 479-27              CHAPTER 2056.  STRATEGIC PLANS OF OPERATION
  480-1  Sec. 2056.001.  DEFINITION
  480-2  Sec. 2056.002.  STRATEGIC PLANS
  480-3  Sec. 2056.003.  FORMS AND INSTRUCTIONS
  480-4  Sec. 2056.004.  ASSISTANCE FOR AGENCIES
  480-5  Sec. 2056.005.  INFORMATION PROVIDED TO AGENCIES
  480-6  Sec. 2056.006.  GOALS
  480-7  Sec. 2056.007.  ADDITIONAL INFORMATION
  480-8  Sec. 2056.008.  HEARING
  480-9  Sec. 2056.009.  STATE PLAN
 480-10  Sec. 2056.010.  AGENCY CONFORMANCE TO STRATEGIC PLAN
 480-11              CHAPTER 2056.  STRATEGIC PLANS OF OPERATION
 480-12        Sec. 2056.001.  DEFINITION.  In this chapter, "state agency"
 480-13  means an agency, board, commission, or other office of the
 480-14  executive branch of state government, other than the office of the
 480-15  lieutenant governor.  (V.A.C.S. Art. 6252-31, Sec. 1, as added Acts
 480-16  72nd Leg., R.S., Ch. 384.)
 480-17        Sec. 2056.002.  STRATEGIC PLANS.  (a)  A state agency shall
 480-18  make a strategic plan for its operations.  Not later than March 1
 480-19  of each even-numbered year, the agency shall issue a plan covering
 480-20  six years beginning on that date.
 480-21        (b)  Except as provided by Subsection (c), a plan must
 480-22  include:
 480-23              (1)  a statement of the mission and goals of the state
 480-24  agency;
 480-25              (2)  a description of the indicators developed under
 480-26  this chapter and used to measure the output and outcome of the
 480-27  agency;
  481-1              (3)  identification of the groups of people served by
  481-2  the agency, including those having service priorities, or other
  481-3  service measures established by law, and estimates of changes in
  481-4  those groups expected during the term of the plan;
  481-5              (4)  an analysis of the use of the agency's resources
  481-6  to meet the agency's needs, including future needs, and an estimate
  481-7  of additional resources that may be necessary to meet future needs;
  481-8              (5)  an analysis of expected changes in the services
  481-9  provided by the agency because of changes in state or federal law;
 481-10              (6)  a description of the means and strategies for
 481-11  meeting the agency's needs, including future needs, and achieving
 481-12  the goals established under Section 2056.006 for each area of state
 481-13  government for which the agency provides services; and
 481-14              (7)  other information that may be required.
 481-15        (c)  A state agency's plan that does not include an item
 481-16  described by Subsection (b) must include the reason the item does
 481-17  not apply to the agency.
 481-18        (d)  A state agency shall send two copies of each plan to the
 481-19  Legislative Reference Library and one copy each to:
 481-20              (1)  the governor;
 481-21              (2)  the lieutenant governor;
 481-22              (3)  the speaker of the house of representatives;
 481-23              (4)  the Legislative Budget Board;
 481-24              (5)  the Sunset Advisory Commission;
 481-25              (6)  the state auditor; and
 481-26              (7)  the comptroller.  (V.A.C.S. Art 6252-31, Secs.
 481-27  2(a), (b), (c), as added Acts 72nd Leg., R.S., Ch. 384.)
  482-1        Sec. 2056.003.  FORMS AND INSTRUCTIONS.  The Governor's
  482-2  Office of Budget and Planning and the Legislative Budget Board
  482-3  shall develop forms and instructions for a state agency to use in
  482-4  preparing the agency's strategic plan.  (V.A.C.S. Art. 6252-31,
  482-5  Sec. 2(d)(1), as added Acts 72nd Leg., R.S., Ch. 384.)
  482-6        Sec. 2056.004.  ASSISTANCE FOR AGENCIES.  The Governor's
  482-7  Office of Budget and Planning and the Legislative Budget Board
  482-8  shall work with each state agency to determine acceptable measures
  482-9  of workload, output, and outcome for use in the agency's plan.
 482-10  (V.A.C.S. Art. 6252-31, Sec. 2(d)(2), as added Acts 72nd Leg.,
 482-11  R.S., Ch. 384.)
 482-12        Sec. 2056.005.  INFORMATION PROVIDED TO AGENCIES.  (a)  Not
 482-13  later than September 1 of each odd-numbered year, the comptroller
 482-14  shall provide a long-term forecast of the state's economy and
 482-15  population to each state agency for use in the agency's strategic
 482-16  planning.
 482-17        (b)  The comptroller, the Governor's Office of Budget and
 482-18  Planning, and the Legislative Budget Board jointly shall determine
 482-19  the information to be included in the forecast.  (V.A.C.S. Art.
 482-20  6252-31, Sec. 4, as added Acts 72nd Leg., R.S., Ch. 384.)
 482-21        Sec. 2056.006.  GOALS.  (a)  The governor, in cooperation
 482-22  with the Legislative Budget Board, shall establish and adopt
 482-23  achievement goals for each functional area of state government,
 482-24  including:
 482-25              (1)  education;
 482-26              (2)  regulation;
 482-27              (3)  natural resources;
  483-1              (4)  health;
  483-2              (5)  human services;
  483-3              (6)  transportation;
  483-4              (7)  public safety and corrections;
  483-5              (8)  general government; and
  483-6              (9)  state employee benefits.
  483-7        (b)  Not later than October 1 of each odd-numbered year, the
  483-8  governor shall provide to each state agency a statement of the
  483-9  goals for each area in which the agency provides services.
 483-10  (V.A.C.S. Art. 6252-31, Sec. 3, as added Acts 72nd Leg., R.S.,
 483-11  Ch. 384.)
 483-12        Sec. 2056.007.  ADDITIONAL INFORMATION.  After a state agency
 483-13  issues its strategic plan, the Governor's Office of Budget and
 483-14  Planning and the Legislative Budget Board may request additional
 483-15  information relating to the plan from the agency.  The agency shall
 483-16  provide the information in a timely manner.  (V.A.C.S. Art.
 483-17  6252-31, Sec. 2(d)(4), as added Acts 72nd Leg., R.S., Ch. 384.)
 483-18        Sec. 2056.008.  HEARING.  The Governor's Office of Budget and
 483-19  Planning and the Legislative Budget Board jointly may hold a
 483-20  hearing on any matter required by this chapter.  (V.A.C.S.
 483-21  Art. 6252-31, Sec. 2(d)(5), as added Acts 72nd Leg., R.S.,
 483-22  Ch. 384.)
 483-23        Sec. 2056.009.  STATE PLAN.  (a)  The Governor's Office of
 483-24  Budget and Planning and the Legislative Budget Board jointly shall
 483-25  compile a long-range strategic plan for state government using the
 483-26  state agency plans issued under Section 2056.002 and information
 483-27  obtained under Section 2056.007.
  484-1        (b)  The state plan shall be sent to the governor, lieutenant
  484-2  governor, comptroller, and each member of the legislature not later
  484-3  than September 1 of each even-numbered year.  (V.A.C.S.
  484-4  Art. 6252-31, Secs. 2(d)(3), (6), as added Acts 72nd Leg., R.S.,
  484-5  Ch. 384.)
  484-6        Sec. 2056.010.  AGENCY CONFORMANCE TO STRATEGIC PLAN.  The
  484-7  comptroller, the Sunset Advisory Commission, the state auditor, the
  484-8  Legislative Budget Board, or another agency that conducts
  484-9  performance audits of a state agency shall consider in the
 484-10  evaluation of an agency the extent to which the agency conforms to
 484-11  the agency's strategic plan.  (V.A.C.S. Art. 6252-31, Sec. 5, as
 484-12  added Acts 72nd Leg., R.S., Ch. 384.)
 484-13                CHAPTER 2057.  CAPITAL IMPROVEMENT PLAN
 484-14  Sec. 2057.001.  DEFINITIONS
 484-15  Sec. 2057.002.  ADOPTION AND SUBMISSION OF PLAN
 484-16  Sec. 2057.003.  CONTENTS OF PLAN
 484-17  Sec. 2057.004.  COOPERATION BY STATE AGENCIES
 484-18  Sec. 2057.005.  ADVISORY COMMITTEE
 484-19                CHAPTER 2057.  CAPITAL IMPROVEMENT PLAN
 484-20        Sec. 2057.001.  DEFINITIONS.  In this chapter:
 484-21              (1)  "Board" means the Legislative Budget Board.
 484-22              (2)  "Bond review board" means the bond review board
 484-23  created under Chapter 1078, Acts of the 70th Legislature, Regular
 484-24  Session, 1987 (Article 717k-7, Vernon's Texas Civil Statutes).
 484-25              (3)  "Capital improvement" means any building or
 484-26  infrastructure project that will be owned by the state and built
 484-27  with direct appropriations or with the proceeds of state-issued
  485-1  bonds designed to be repaid with the general revenues of the state.
  485-2  The term does not include a building or project financed with bonds
  485-3  that, although backed by the full faith and credit of the state,
  485-4  are reasonably expected to be paid from other revenue sources and
  485-5  that are not expected to require payments of general revenues.
  485-6              (4)  "Capital improvement plan" means a six-year
  485-7  strategic capital improvement plan adopted under this chapter.
  485-8              (5)  "State agency" means a governmental entity that
  485-9  spends money appropriated by the General Appropriations Act.
 485-10  (V.A.C.S. Art. 6252-32, Sec. 1; New.)
 485-11        Sec. 2057.002.  ADOPTION AND SUBMISSION OF PLAN.  (a)  Not
 485-12  later than October 31 of each even-numbered year, the governor and
 485-13  the board shall jointly adopt a six-year strategic capital
 485-14  improvement plan.
 485-15        (b)  The governor shall submit the plan to the bond review
 485-16  board for review and to the legislature.  (V.A.C.S. Art. 6252-32,
 485-17  Sec. 2.)
 485-18        Sec. 2057.003.  CONTENTS OF PLAN.  (a)  A capital improvement
 485-19  plan must include:
 485-20              (1)  a description of the capital improvement needs of
 485-21  state agencies during the six-year period;
 485-22              (2)  establishment of priorities, if appropriate, for
 485-23  those needs;
 485-24              (3)  an estimate about how those needs may be financed
 485-25  during the six-year period;
 485-26              (4)  recommended debt limits for the six-year period;
 485-27  and
  486-1              (5)  estimates of the effects capital improvements will
  486-2  have on operating budgets.
  486-3        (b)  The board shall develop and periodically revise criteria
  486-4  for the inclusion in a capital improvement plan of a proposed
  486-5  capital improvement project or of an acquisition or expenditure for
  486-6  capital improvements.  The board shall obtain the advice and
  486-7  recommendations of the bond review board before developing or
  486-8  revising the criteria.  (V.A.C.S. Art. 6252-32, Sec. 3.)
  486-9        Sec. 2057.004.  COOPERATION BY STATE AGENCIES.  (a)  The
 486-10  governor and the board shall solicit the advice and recommendations
 486-11  of each state agency before adopting a capital improvement plan.
 486-12        (b)  In formulating a capital improvement plan, the governor
 486-13  and the board shall take into account each state agency's strategic
 486-14  plan for operations developed under Chapter 2056.
 486-15        (c)  The governor and the board may require a state agency
 486-16  to:
 486-17              (1)  submit information, reports, plans, and
 486-18  documentation;
 486-19              (2)  answer inquiries; and
 486-20              (3)  cooperate in the preparation of a plan.  (V.A.C.S.
 486-21  Art. 6252-32, Sec. 4.)
 486-22        Sec. 2057.005.  ADVISORY COMMITTEE.  (a)  The governor and
 486-23  the board may establish an advisory committee composed of officers
 486-24  and employees of the Department of Information Resources, the
 486-25  General Services Commission, the bond review board, and other state
 486-26  agencies.
 486-27        (b)  The committee shall advise the governor and the board on
  487-1  the development and content of a capital improvement plan.
  487-2        (c)  Service on the committee is an additional duty of the
  487-3  member's office or employment.  (V.A.C.S. Art. 6252-32, Sec. 5.)
  487-4             CHAPTER 2058.  RECOGNITION OF FEDERAL CENSUS
  487-5  Sec. 2058.001.  GOVERNMENTAL RECOGNITION OF AND ACTION
  487-6                    ON FEDERAL CENSUS
  487-7  Sec. 2058.002.  EXCEPTIONS
  487-8             CHAPTER 2058.  RECOGNITION OF FEDERAL CENSUS
  487-9        Sec. 2058.001.  GOVERNMENTAL RECOGNITION OF AND ACTION ON
 487-10  FEDERAL CENSUS.  (a)  A governmental entity may not recognize or
 487-11  act on a report or publication, in any form, of a federal decennial
 487-12  census, in whole or in part, before September 1 of the year after
 487-13  the calendar year during which the census was taken.
 487-14        (b)  A governmental entity shall recognize and act on a
 487-15  published report or count relating to a federal decennial census
 487-16  and released by the director of the Bureau of the Census of the
 487-17  United States Department of Commerce:
 487-18              (1)  on September 1 of the year after the calendar year
 487-19  during which the census was taken if the report or count is
 487-20  published on or before that date; or
 487-21              (2)  on the date of its publication if the report or
 487-22  count is published after September 1 of the year after the calendar
 487-23  year during which the census was taken.
 487-24        (c)  In this section, "governmental entity" means the state
 487-25  or an agency or political subdivision of the state.  (V.A.C.S. Art.
 487-26  29d, Secs. 1(a) (part), 2.)
 487-27        Sec. 2058.002.  EXCEPTIONS.  (a)  The legislature or the
  488-1  Legislative Redistricting Board under Article III, Section 28, of
  488-2  the Texas Constitution may officially recognize or act on a federal
  488-3  decennial census before September 1 of the year after the calendar
  488-4  year during which the census was taken.
  488-5        (b)  A political subdivision governed by a body elected from
  488-6  single-member districts may recognize and act on tabulations of
  488-7  population of a federal decennial census, for redistricting
  488-8  purposes, on or after the date the governor receives a report of
  488-9  the basic tabulations of population from the secretary of commerce
 488-10  under 13 U.S.C. Section 141(c).  This subsection does not apply to
 488-11  a political subdivision that was not subject to a statute requiring
 488-12  certain political subdivisions, classified by population, to elect
 488-13  their governing bodies from single-member districts under the
 488-14  preceding federal census.  (V.A.C.S. Art. 29d, Secs. 1(a) (part),
 488-15  (b).)
 488-16            (Chapters 2059 to 2100 reserved for expansion)
 488-17           SUBTITLE C.  STATE ACCOUNTING, FISCAL MANAGEMENT,
 488-18                           AND PRODUCTIVITY
 488-19                 CHAPTER 2101.  ACCOUNTING PROCEDURES
 488-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 488-21  Sec. 2101.001.  DEFINITION
 488-22        (Sections 2101.002 to 2101.010 reserved for expansion)
 488-23                  SUBCHAPTER B.  FINANCIAL REPORTING
 488-24  Sec. 2101.011.  FINANCIAL INFORMATION REQUIRED OF STATE
 488-25                    AGENCIES ("100-DAY REPORTS")
 488-26  Sec. 2101.012.  UNIFORM ACCOUNTING AND REPORTING
 488-27                    PROCEDURES
  489-1  Sec. 2101.013.  REVIEW OF PROPOSED PROCEDURES
  489-2  Sec. 2101.014.  DUTIES OF STATE AUDITOR
  489-3        (Sections 2101.015 to 2101.030 reserved for expansion)
  489-4              SUBCHAPTER C.  UNIFORM STATEWIDE ACCOUNTING
  489-5  Sec. 2101.031.  UNIFORM STATEWIDE ACCOUNTING PROJECT
  489-6  Sec. 2101.032.  PROJECT ADVISORY COMMITTEE
  489-7  Sec. 2101.033.  PROJECT DIRECTOR
  489-8  Sec. 2101.034.  PROJECT SUPPORT; RECOVERY OF COSTS
  489-9  Sec. 2101.035.  ADMINISTRATION OF USAS
 489-10  Sec. 2101.036.  STATE AGENCY INTERNAL ACCOUNTING SYSTEMS
 489-11  Sec. 2101.037.  STATE AGENCY COOPERATION
 489-12  Sec. 2101.038.  DUTIES OF STATE AUDITOR
 489-13  Sec. 2101.039.  CONTRACTS; EXEMPTION
 489-14           SUBTITLE C.  STATE ACCOUNTING, FISCAL MANAGEMENT,
 489-15                           AND PRODUCTIVITY
 489-16                 CHAPTER 2101.  ACCOUNTING PROCEDURES
 489-17                   SUBCHAPTER A.  GENERAL PROVISIONS
 489-18        Sec. 2101.001.  DEFINITION.  In this chapter, "state agency"
 489-19  has the meaning assigned by Section 403.013.  (V.A.C.S. Arts.
 489-20  4345a(e) (part); 4348e, Sec. 1(4); 4348f, Sec. 2(5).)
 489-21        (Sections 2101.002 to 2101.010 reserved for expansion)
 489-22                  SUBCHAPTER B.  FINANCIAL REPORTING
 489-23        Sec. 2101.011.  FINANCIAL INFORMATION REQUIRED OF STATE
 489-24  AGENCIES ("100-DAY REPORTS").  (a)  A state agency shall submit the
 489-25  financial information requested by the comptroller, including
 489-26  information about state funds held outside the state treasury, to:
 489-27              (1)  the governor;
  490-1              (2)  the comptroller;
  490-2              (3)  the state treasurer;
  490-3              (4)  the state auditor; and
  490-4              (5)  the Legislative Budget Board.
  490-5        (b)  A state agency other than a university system or
  490-6  institution of higher education, as defined by Section 61.003,
  490-7  Education Code, shall submit the information to the listed
  490-8  officials not later than December 9 of each year.  A university
  490-9  system or institution of higher education shall submit the
 490-10  information to the listed officials not later than the following
 490-11  January 1.
 490-12        (c)  A state agency is not required to submit the information
 490-13  if the comptroller determines the agency is not a component unit of
 490-14  state government for purposes of this subchapter.  (V.A.C.S. Arts.
 490-15  4345a(b), (e) (part).)
 490-16        Sec. 2101.012.  UNIFORM ACCOUNTING AND REPORTING PROCEDURES.
 490-17  (a)  The comptroller shall prescribe uniform accounting and
 490-18  financial reporting procedures that each state agency shall use in
 490-19  the preparation of the information requested under Section
 490-20  2101.011.
 490-21        (b)  The procedures must:
 490-22              (1)  comply with generally accepted accounting
 490-23  principles as established by the Governmental Accounting Standards
 490-24  Board and the American Institute of Certified Public Accountants or
 490-25  their successors;
 490-26              (2)  include the requirements for compliance with the
 490-27  federal Single Audit Act of 1984 and Office of Management and
  491-1  Budget Circular A-128 and any subsequent changes or amendments that
  491-2  will fulfill the audit requirements for a statewide single audit;
  491-3  and
  491-4              (3)  to provide for maximum consistency with the
  491-5  national reporting system for higher education, incorporate insofar
  491-6  as possible the provisions of the financial accounting and
  491-7  reporting manual published by the National Association of College
  491-8  and University Business Officers.
  491-9        (c)  The accounts of the institutions shall be maintained and
 491-10  audited in accordance with the approved reporting system.
 491-11  (V.A.C.S. Art. 4345a(a).)
 491-12        Sec. 2101.013.  REVIEW OF PROPOSED PROCEDURES.  (a)  Before
 491-13  adopting or changing the accounting and financial reporting
 491-14  procedures, the comptroller shall submit the proposed procedures to
 491-15  the state auditor for review and comment.
 491-16        (b)  In adopting or changing procedures, the comptroller
 491-17  shall consider any comments of the state auditor.  (V.A.C.S. Art.
 491-18  4345a(c).)
 491-19        Sec. 2101.014.  DUTIES OF STATE AUDITOR.  The state auditor
 491-20  shall ensure that the accounting and financial reporting procedures
 491-21  of each state agency conform to the procedures adopted under this
 491-22  subchapter.  (V.A.C.S. Art. 4345a(d).)
 491-23        (Sections 2101.015 to 2101.030 reserved for expansion)
 491-24              SUBCHAPTER C.  UNIFORM STATEWIDE ACCOUNTING
 491-25        Sec. 2101.031.  UNIFORM STATEWIDE ACCOUNTING PROJECT.
 491-26  (a)  The uniform statewide accounting project is in the
 491-27  comptroller's office.
  492-1        (b)  The project includes each component of the uniform
  492-2  statewide accounting system as designed in accordance with Chapter
  492-3  852, Acts of the 70th Legislature, Regular Session, 1987, as
  492-4  defined by Section 1, Chapter 781, Acts of the 71st Legislature,
  492-5  Regular Session, 1989, and as developed or revised by the project
  492-6  advisory committee, including:
  492-7              (1)  the uniform statewide accounting system (USAS) and
  492-8  related subsystems;
  492-9              (2)  the uniform statewide payroll system (USPS);
 492-10              (3)  the human resource information system (HRIS);
 492-11              (4)  the budget execution and monitoring system
 492-12  (BEAMS); and
 492-13              (5)  the statewide telecommunication network system.
 492-14  (V.A.C.S. Art. 4348e, Sec. 1(5); Art. 4348f, Secs. 2(6), 3.)
 492-15        Sec. 2101.032.  PROJECT ADVISORY COMMITTEE.  (a)  The project
 492-16  advisory committee shall review and make recommendations to the
 492-17  project director about matters related to the project.
 492-18        (b)  The committee is composed of:
 492-19              (1)  the comptroller;
 492-20              (2)  the governor;
 492-21              (3)  the lieutenant governor;
 492-22              (4)  the speaker of the house of representatives;
 492-23              (5)  the state treasurer;
 492-24              (6)  the executive director of the Department of
 492-25  Information Resources;
 492-26              (7)  the state auditor; and
 492-27              (8)  eight appointees of the governor, including:
  493-1                    (A)  an employee of the Legislative Budget Board;
  493-2  and
  493-3                    (B)  one individual each with experience in the
  493-4  following areas:  education, natural resources, criminal justice,
  493-5  human services, business regulation, and employee benefits.
  493-6        (c)  The comptroller is presiding officer of the committee.
  493-7        (d)  The committee shall meet monthly or at the call of the
  493-8  presiding officer.
  493-9        (e)  The governor, lieutenant governor, speaker of the house
 493-10  of representatives, and comptroller may designate another
 493-11  individual to serve in the member's place on the committee.  The
 493-12  designee of the governor must be an employee of the governor's
 493-13  office, the designee of the lieutenant governor must be a member of
 493-14  the senate, the designee of the speaker must be a member of the
 493-15  house of representatives, and the designee of the comptroller must
 493-16  be an employee of the comptroller's office.
 493-17        (f)  A member of the committee is entitled to reimbursement
 493-18  for expenses as provided by law.  (V.A.C.S. Art. 4348f, Sec. 4.)
 493-19        Sec. 2101.033.  PROJECT DIRECTOR.  (a)  The comptroller shall
 493-20  appoint a project director to administer the project.
 493-21        (b)  The project director reports directly to the comptroller
 493-22  or chief deputy comptroller.
 493-23        (c)  To be appointed project director, an individual must be
 493-24  qualified by training and experience to perform the duties of the
 493-25  position.
 493-26        (d)  The project director shall:
 493-27              (1)  administer the project as provided by this
  494-1  subchapter;
  494-2              (2)  employ and remove project staff;
  494-3              (3)  administer all money entrusted to the project;
  494-4              (4)  obtain necessary office space, equipment, and
  494-5  supplies for the project; and
  494-6              (5)  contract for goods and services necessary to carry
  494-7  out this subchapter.  (V.A.C.S. Arts. 4348e, Sec. 3(e) (part);
  494-8  4348f, Secs. 5, 6(a).)
  494-9        Sec. 2101.034.  PROJECT SUPPORT; RECOVERY OF COSTS.  (a)  The
 494-10  comptroller shall provide support services for the project,
 494-11  including accounting, purchasing, and personnel services.  The cost
 494-12  of the services shall be paid from money appropriated to the
 494-13  comptroller.
 494-14        (b)  The comptroller may recover from a state agency the cost
 494-15  of implementation or use of any component of the project by the
 494-16  agency.  (V.A.C.S. Art. 4348f, Sec. 8.)
 494-17        Sec. 2101.035.  ADMINISTRATION OF USAS.  (a)  The comptroller
 494-18  is responsible for the administration, maintenance, and
 494-19  modification of the uniform statewide accounting system and shall
 494-20  adopt rules for the effective operation of the system.
 494-21        (b)  The comptroller shall cooperate and consult with the
 494-22  project advisory committee during the implementation of the uniform
 494-23  statewide accounting system.
 494-24        (c)  The comptroller shall implement the uniform statewide
 494-25  accounting system in accordance with generally accepted accounting
 494-26  principles, including the guidelines of the National Association of
 494-27  College and University Business Officers.
  495-1        (d)  The comptroller shall ensure that the system encompasses
  495-2  each state agency.  The comptroller may, after consulting with the
  495-3  project advisory committee, exclude any state agency from the
  495-4  centralized computation function of the statewide payroll component
  495-5  of the system.  (V.A.C.S. Art. 4348e, Secs. 1(3), 3(b), (d), (g),
  495-6  (h).)
  495-7        Sec. 2101.036.  STATE AGENCY INTERNAL ACCOUNTING SYSTEMS.
  495-8  (a)  The comptroller by rule may require state agencies to modify,
  495-9  delay, or stop the implementation of individual accounting and
 495-10  payroll systems so that those systems are compatible with the
 495-11  uniform statewide accounting system.
 495-12        (b)  The comptroller may require a state agency to replace
 495-13  its internal accounting and payroll system with project components
 495-14  to provide uniformity in internal accounting.
 495-15        (c)  The expenditure of state funds for the establishment,
 495-16  modification, or maintenance of an individual accounting or payroll
 495-17  system must be in accordance with any rules regarding the
 495-18  development, implementation, or use of the uniform statewide
 495-19  accounting system.  (V.A.C.S. Arts. 4348e, Sec. 3(c); 4348f, Sec. 7
 495-20  (part).)
 495-21        Sec. 2101.037.  STATE AGENCY COOPERATION.  (a)  A state
 495-22  agency shall make available to the project director all records of
 495-23  the agency for purposes of developing and implementing the project.
 495-24        (b)  To ensure continuous reporting of comprehensive
 495-25  financial management information, including information on
 495-26  encumbrances and performance and workload measures, the comptroller
 495-27  shall require each state agency to report the necessary information
  496-1  to the project director on time.  The reports of each agency must
  496-2  comply with the comptroller's rules and procedures about content
  496-3  and frequency.  (V.A.C.S. Arts. 4348e, Secs. 1(6), 3(f); 4348f,
  496-4  Sec. 7 (part).)
  496-5        Sec. 2101.038.  DUTIES OF STATE AUDITOR.  The state auditor,
  496-6  when reviewing the operation of a state agency, shall audit for
  496-7  compliance with the uniform statewide accounting system, the
  496-8  comptroller's rules, and the Legislative Budget Board's performance
  496-9  and workload measures.  The state auditor shall notify the project
 496-10  advisory committee, the comptroller, the governor, and the
 496-11  Legislative Budget Board as soon as practicable when a state agency
 496-12  is not in compliance.  (V.A.C.S. Art. 4348e, Sec. 4.)
 496-13        Sec. 2101.039.  CONTRACTS; EXEMPTION.  (a)  Contracts made
 496-14  under this subchapter are not subject to:
 496-15              (1)  the State Purchasing and General Services Act
 496-16  (Article 601b, Vernon's Texas Civil Statutes);
 496-17              (2)  Chapter 2254; or
 496-18              (3)  Chapter 2054.
 496-19        (b)  The project director must submit all proposed contracts
 496-20  for professional or consulting services and all proposed purchases
 496-21  of computer equipment or software to the project advisory committee
 496-22  for review and recommendation before procurement.  (V.A.C.S.
 496-23  Arts. 4348e, Sec. 3(e) (part); 4348f, Secs. 6(b), (c).)
 496-24                   CHAPTER 2102.  INTERNAL AUDITING
 496-25  Sec. 2102.001.  SHORT TITLE
 496-26  Sec. 2102.002.  PURPOSE
 496-27  Sec. 2102.003.  DEFINITIONS
  497-1  Sec. 2102.004.  APPLICABILITY
  497-2  Sec. 2102.005.  INTERNAL AUDITING REQUIRED
  497-3  Sec. 2102.006.  INTERNAL AUDITOR; STAFF
  497-4  Sec. 2102.007.  DUTIES OF INTERNAL AUDITOR
  497-5  Sec. 2102.008.  APPROVAL OF AUDIT PLAN AND AUDIT REPORT
  497-6  Sec. 2102.009.  ANNUAL REPORT
  497-7  Sec. 2102.010.  CONSULTATIONS
  497-8  Sec. 2102.011.  INTERNAL AUDIT STANDARDS
  497-9  Sec. 2102.012.  PROFESSIONAL DEVELOPMENT
 497-10                   CHAPTER 2102.  INTERNAL AUDITING
 497-11        Sec. 2102.001.  SHORT TITLE.  This chapter may be cited as
 497-12  the Texas Internal Auditing Act.  (V.A.C.S. Art. 6252-5d, Sec. 1.)
 497-13        Sec. 2102.002.  PURPOSE.  The purpose of this chapter is to
 497-14  establish guidelines for a program of internal auditing to assist
 497-15  agency administrators by furnishing independent analyses,
 497-16  appraisals, and recommendations about the adequacy and
 497-17  effectiveness of a state agency's systems of internal control
 497-18  policies and procedures and the quality of performance in carrying
 497-19  out assigned responsibilities.  (V.A.C.S. Art. 6252-5d, Sec. 2.)
 497-20        Sec. 2102.003.  DEFINITIONS.  In this chapter:
 497-21              (1)  "Administrator" means the executive head of a
 497-22  state agency.
 497-23              (2)  "Audit" means:
 497-24                    (A)  a financial audit described by Section
 497-25  321.0131;
 497-26                    (B)  a compliance audit described by Section
 497-27  321.0132;
  498-1                    (C)  an economy and efficiency audit described by
  498-2  Section 321.0133;
  498-3                    (D)  an effectiveness audit described by Section
  498-4  321.0134; or
  498-5                    (E)  an investigation described by Section
  498-6  321.0136.
  498-7              (3)  "State agency" includes a department, board,
  498-8  bureau, institution, commission, or other agency of the state.
  498-9  (V.A.C.S. Art. 6252-5d, Sec. 3 (part).)
 498-10        Sec. 2102.004.  APPLICABILITY.  This chapter applies only to
 498-11  a state agency that:
 498-12              (1)  has an operating budget exceeding $10 million
 498-13  annually;
 498-14              (2)  has a staff of more than 300 employees; or
 498-15              (3)  receives and processes cash items in excess of $10
 498-16  million annually.  (V.A.C.S. Art. 6252-5d, Sec. 3 (part).)
 498-17        Sec. 2102.005.  INTERNAL AUDITING REQUIRED.  A state agency
 498-18  shall conduct a full-time program of internal auditing that
 498-19  includes:
 498-20              (1)  an annual audit plan that is prepared using risk
 498-21  assessment techniques and that identifies the individual audits to
 498-22  be conducted during the year; and
 498-23              (2)  periodic audits of the agency's major systems and
 498-24  controls, including:
 498-25                    (A)  accounting systems and controls;
 498-26                    (B)  administrative systems and controls; and
 498-27                    (C)  electronic data processing systems and
  499-1  controls.  (V.A.C.S. Art. 6252-5d, Sec. 4.)
  499-2        Sec. 2102.006.  INTERNAL AUDITOR; STAFF.  (a)  The governing
  499-3  board of a state agency or its designee, or the administrator of a
  499-4  state agency without a governing board, shall appoint an internal
  499-5  auditor.
  499-6        (b)  An internal auditor must:
  499-7              (1)  be a certified public accountant or a certified
  499-8  internal auditor; and
  499-9              (2)  have at least three years of auditing experience.
 499-10        (c)  The state agency shall employ additional professional
 499-11  and support staff the administrator determines necessary to
 499-12  implement an effective program of internal auditing.  (V.A.C.S.
 499-13  Art. 6252-5d, Sec. 5.)
 499-14        Sec. 2102.007.  DUTIES OF INTERNAL AUDITOR.  (a)  The
 499-15  internal auditor shall:
 499-16              (1)  report directly to the state agency's governing
 499-17  board;
 499-18              (2)  develop an annual audit plan;
 499-19              (3)  conduct audits as specified in the audit plan and
 499-20  document deviations;
 499-21              (4)  prepare audit reports;
 499-22              (5)  conduct quality assurance reviews in accordance
 499-23  with professional standards and periodically take part in a
 499-24  comprehensive external peer review; and
 499-25              (6)  conduct economy and efficiency audits and program
 499-26  results audits as directed by the state agency's governing board.
 499-27        (b)  The program of internal auditing conducted by a state
  500-1  agency must provide for the auditor to:
  500-2              (1)  have access to the administrator; and
  500-3              (2)  be free of all operational and management
  500-4  responsibilities that would impair the auditor's ability to review
  500-5  independently all aspects of the state agency's operation.
  500-6  (V.A.C.S. Art. 6252-5d, Sec. 6 (part).)
  500-7        Sec. 2102.008.  APPROVAL OF AUDIT PLAN AND AUDIT REPORT.  The
  500-8  annual audit plan developed by the internal auditor must be
  500-9  approved by the state agency's governing board or its designee, or
 500-10  by the administrator of a state agency without a governing board.
 500-11  Audit reports must be reviewed by the state agency's governing
 500-12  board and the administrator.  (V.A.C.S. Art. 6252-5d, Sec. 6
 500-13  (part).)
 500-14        Sec. 2102.009.  ANNUAL REPORT.  (a)  The internal auditor
 500-15  shall prepare an annual report and submit the report before
 500-16  November 1 of each year to the governor, the Legislative Budget
 500-17  Board, the Sunset Advisory Commission, the state auditor, the state
 500-18  agency's governing board, and the administrator.
 500-19        (b)  The report must contain:
 500-20              (1)  a copy of the annual audit plan;
 500-21              (2)  a list of audits completed;
 500-22              (3)  an explanation of any deviation from the approved
 500-23  annual audit plan;
 500-24              (4)  a narrative description of the most significant
 500-25  findings and recommendations for each audit;
 500-26              (5)  a narrative description of the management actions
 500-27  taken in response to the audit findings and recommendations;
  501-1              (6)  a table listing the auditor's audit
  501-2  recommendations and the five-year fiscal impact for each
  501-3  recommendation;
  501-4              (7)  a table of the audit recommendations from the
  501-5  previous fiscal year's report and an explanation of the status of
  501-6  each recommendation; and
  501-7              (8)  a statement of the last date on which an external
  501-8  peer review of the agency's internal audit program was conducted.
  501-9        (c)  Each audit recommendation must show whether:
 501-10              (1)  the recommendation has been implemented;
 501-11              (2)  the recommendation is in the process of
 501-12  implementation;
 501-13              (3)  action on implementation of the recommendation has
 501-14  been delayed; or
 501-15              (4)  the agency does not intend to take action on the
 501-16  recommendation.
 501-17        (d)  The report must emphasize the findings in important
 501-18  areas that are difficult to quantify, including weaknesses in
 501-19  management controls or quality of services.  (V.A.C.S. Art.
 501-20  6252-5d, Sec. 6A.)
 501-21        Sec. 2102.010.  CONSULTATIONS.  An internal auditor may
 501-22  consult the state agency's governing board, the governor's office,
 501-23  the state auditor, and legislative agencies or committees about
 501-24  matters affecting duties or responsibilities under this chapter.
 501-25  (V.A.C.S. Art. 6252-5d, Sec. 7.)
 501-26        Sec. 2102.011.  INTERNAL AUDIT STANDARDS.  The internal audit
 501-27  program shall conform to the Standards for the Professional
  502-1  Practice of Internal Auditing, generally accepted governmental
  502-2  auditing standards, the Certified Internal Auditor Code of
  502-3  Professional Ethics, and the Statement of Responsibilities of
  502-4  Internal Auditing of the Institute of Internal Auditors.  (V.A.C.S.
  502-5  Art. 6252-5d, Sec. 8.)
  502-6        Sec. 2102.012.  PROFESSIONAL DEVELOPMENT.  (a)  The state
  502-7  auditor shall make available and shall coordinate a program of
  502-8  training and technical assistance to ensure that state agency
  502-9  internal auditors have access to current information about internal
 502-10  audit techniques, policies, and procedures and to provide general
 502-11  technical and audit assistance to agency internal auditors on
 502-12  request.
 502-13        (b)  The state auditor is entitled to reimbursement for costs
 502-14  associated with providing the services under the terms of
 502-15  interagency cooperation contracts negotiated between the state
 502-16  auditor and each agency.  The costs may not exceed those allowed by
 502-17  the General Appropriations Act.  (V.A.C.S. Art. 6252-5d, Sec. 9.)
 502-18             CHAPTER 2103.  EXPENDITURES BY STATE AGENCIES
 502-19                   SUBCHAPTER A.  GENERAL PROVISIONS
 502-20  Sec. 2103.001.  DEFINITION
 502-21  Sec. 2103.002.  APPLICABILITY OF CHAPTER TO APPROPRIATED
 502-22                    LOCAL FUND
 502-23  Sec. 2103.003.  STATE AGENCY SPENDING OF APPROPRIATED FUNDS
 502-24  Sec. 2103.004.  WARRANT DRAWN BY COMPTROLLER
 502-25        (Sections 2103.005 to 2103.030 reserved for expansion)
 502-26              SUBCHAPTER B.  APPROVAL  AND SUBMISSION OF
 502-27                     VOUCHERS BY ELECTRONIC MEANS
  503-1  Sec. 2103.031.  APPLICABILITY OF SUBCHAPTER
  503-2  Sec. 2103.032.  APPROVAL AND SUBMISSION OF VOUCHERS
  503-3        (Sections 2103.033 to 2103.060 reserved for expansion)
  503-4               SUBCHAPTER C.  APPROVAL AND SUBMISSION OF
  503-5                    VOUCHERS BY NONELECTRONIC MEANS
  503-6  Sec. 2103.061.  STATE AGENCY ADMINISTERED BY GOVERNING BODY
  503-7  Sec. 2103.062.  STATE AGENCY ADMINISTERED BY ELECTED OR
  503-8                    APPOINTED OFFICIAL
  503-9  Sec. 2103.063.  GENERAL SERVICES COMMISSION
 503-10  Sec. 2103.064.  TEXAS TRANSPORTATION COMMISSION
 503-11             CHAPTER 2103.  EXPENDITURES BY STATE AGENCIES
 503-12                   SUBCHAPTER A.  GENERAL PROVISIONS
 503-13        Sec. 2103.001.  DEFINITION.  In this chapter, "state agency"
 503-14  means a department, board, commission, committee, council, agency,
 503-15  office, or other entity in the executive, legislative, or judicial
 503-16  branch of state government, the jurisdiction of which is not
 503-17  limited to a geographical portion of this state.  The term includes
 503-18  an institution of higher education as defined by Section 61.003,
 503-19  Education Code, other than a public junior college.  (V.A.C.S.
 503-20  Art. 6252-31, Sec. 1 (part), as added by Acts 1991, 72nd Leg.,
 503-21  R.S., Ch. 641.)
 503-22        Sec. 2103.002.  APPLICABILITY OF CHAPTER TO APPROPRIATED
 503-23  LOCAL FUND.  (a)  This chapter does not apply to an expenditure
 503-24  from an appropriated local fund.
 503-25        (b)  This chapter applies to the reimbursement to a state
 503-26  agency for an expenditure from an appropriated local fund.
 503-27  (V.A.C.S. Art. 6252-31, Sec. 9, as added by Acts 1991, 72nd Leg.,
  504-1  R.S., Ch. 641.)
  504-2        Sec. 2103.003.  STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
  504-3  A state agency may spend appropriated funds only by:
  504-4              (1)  a warrant drawn by the comptroller; or
  504-5              (2)  an electronic funds transfer from the comptroller.
  504-6  (V.A.C.S. Art. 6252-31, Secs. 2(a), (c) (part), as added by Acts
  504-7  1991, 72nd Leg., R.S., Ch. 641.)
  504-8        Sec. 2103.004.  WARRANT DRAWN BY COMPTROLLER.  The
  504-9  comptroller may not draw a warrant until:
 504-10              (1)  the state agency from whose appropriation the
 504-11  warrant is payable has submitted a voucher to the comptroller;
 504-12              (2)  the state agency has approved the voucher in
 504-13  accordance with this chapter; and
 504-14              (3)  the comptroller has audited and approved the
 504-15  voucher as required by law.  (V.A.C.S. Art. 6252-31, Sec. 2(b), as
 504-16  added by Acts 1991, 72nd Leg., R.S., Ch. 641.)
 504-17        (Sections 2103.005 to 2103.030 reserved for expansion)
 504-18               SUBCHAPTER B.  APPROVAL AND SUBMISSION OF
 504-19                     VOUCHERS BY ELECTRONIC MEANS
 504-20        Sec. 2103.031.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 504-21  applies only to approval and submission of vouchers by electronic
 504-22  means.  (V.A.C.S. Art. 6252-31, Sec. 6(b) (part), as added by Acts
 504-23  1991, 72nd Leg., R.S., Ch. 641.)
 504-24        Sec. 2103.032.  APPROVAL AND SUBMISSION OF VOUCHERS.
 504-25  (a)  The comptroller by rule may establish a system for state
 504-26  agencies to submit and approve electronically vouchers if the
 504-27  comptroller determines that the system will facilitate the
  505-1  operation and administration of the uniform statewide accounting
  505-2  system.  The comptroller may establish an electronic method to
  505-3  approve a voucher submitted by a state agency and may establish an
  505-4  electronic system for the approval of vouchers by the General
  505-5  Services Commission.
  505-6        (b)  The degree of security for an electronic system must at
  505-7  least equal the degree of security for the nonelectronic approval
  505-8  of vouchers by state agencies under this chapter.
  505-9        (c)  A state agency must approve a voucher and submit the
 505-10  voucher to the comptroller before the comptroller may make an
 505-11  electronic funds transfer.  (V.A.C.S. Art. 6252-31, Secs. 2(c)
 505-12  (part), 6(a), (b) (part), (c), 7(b), as added by Acts 1991, 72nd
 505-13  Leg., R.S., Ch. 641.)
 505-14        (Sections 2103.033 to 2103.060 reserved for expansion)
 505-15          SUBCHAPTER C.  APPROVAL AND SUBMISSION OF VOUCHERS
 505-16                        BY NONELECTRONIC MEANS
 505-17        Sec. 2103.061.  STATE AGENCY ADMINISTERED BY GOVERNING BODY.
 505-18  (a)  A state agency administered by a governing body may approve a
 505-19  voucher only in accordance with this section.
 505-20        (b)  A governing body may authorize its presiding officer or
 505-21  executive director to designate one or more officers or employees
 505-22  of the agency to approve vouchers of the agency.  The presiding
 505-23  officer shall notify the comptroller in writing that the governing
 505-24  body has made the authorization of the presiding officer or
 505-25  executive director before the presiding officer or executive
 505-26  director may make or revoke a designation.
 505-27        (c)  The presiding officer of the governing body may approve
  506-1  a voucher after submitting a signature card to the comptroller.
  506-2        (d)  An officer or employee of the state agency may approve
  506-3  the voucher after:
  506-4              (1)  the governing body of the agency has authorized
  506-5  the officer or employee to approve vouchers or the presiding
  506-6  officer or executive director authorized under Subsection (b) has
  506-7  designated the officer or employee to approve vouchers;
  506-8              (2)  the comptroller has received written notice from
  506-9  the presiding officer of the governing body  or the executive
 506-10  director, if authorized under Subsection (b), that the officer or
 506-11  employee has been authorized or designated to approve vouchers; and
 506-12              (3)  the comptroller has received a signature card from
 506-13  the officer or employee.
 506-14        (e)  The presiding officer or executive director authorized
 506-15  under Subsection (b) shall ensure that the comptroller is notified
 506-16  of the revocation of the authorization of an officer or employee to
 506-17  approve vouchers.  This notice shall be given within 10 days after
 506-18  the effective date of the revocation.
 506-19        (f)  In this section:
 506-20              (1)  "Executive director" means the individual who is
 506-21  the chief administrative officer of a state agency and who is not a
 506-22  member of the agency's governing body; and
 506-23              (2)  "Governing body" means a board, commission,
 506-24  committee, council, or other group of individuals that is
 506-25  collectively authorized by law to administer a state agency.
 506-26  (V.A.C.S. Art. 6252-31, Secs. 1 (part), 3, 5, as added by Acts
 506-27  1991, 72nd Leg., R.S., Ch. 641.)
  507-1        Sec. 2103.062.  STATE AGENCY ADMINISTERED BY ELECTED OR
  507-2  APPOINTED OFFICIAL.  (a)  A state agency administered by an elected
  507-3  or appointed state official may approve a voucher only in
  507-4  accordance with this section.
  507-5        (b)  The elected or appointed state official who is
  507-6  authorized by law to administer a state agency may authorize the
  507-7  chief deputy of the agency to designate one or more officers or
  507-8  employees of the agency to approve vouchers.
  507-9        (c)  The chief deputy may make or revoke a designation under
 507-10  this section after the comptroller has received written notice from
 507-11  the elected or appointed official of the authorization.
 507-12        (d)  The elected or appointed official may approve a voucher
 507-13  after submitting a signature card to the comptroller.
 507-14        (e)  An officer or employee of the state agency may approve a
 507-15  voucher after:
 507-16              (1)  the elected or appointed official or the chief
 507-17  deputy, if authorized under Subsection (b) or (c), has designated
 507-18  the officer or employee to approve vouchers;
 507-19              (2)  the comptroller has received written notice from
 507-20  the elected or appointed official or the chief deputy, if
 507-21  authorized under Subsection (b) or (c), that the official or chief
 507-22  deputy has authorized the officer or employee to approve vouchers;
 507-23  and
 507-24              (3)  the comptroller has received a signature card from
 507-25  the officer or employee.
 507-26        (f)  The elected or appointed official or the chief deputy
 507-27  authorized under Subsection (b) or (c) shall ensure that the
  508-1  comptroller is notified of the revocation of the authorization of
  508-2  an officer or employee to approve vouchers.  This notice shall be
  508-3  given within 10 days after  the effective  date  of  the
  508-4  revocation.
  508-5        (g)  In this section, "chief deputy" means the individual
  508-6  authorized by law to administer a state agency that is administered
  508-7  by an elected or appointed state official during the absence of the
  508-8  official or during the official's inability to act.  (V.A.C.S. Art.
  508-9  6252-31, Secs. 1 (part), 4, 5, as added by Acts 1991, 72nd Leg.,
 508-10  R.S., Ch. 641.)
 508-11        Sec. 2103.063.  GENERAL SERVICES COMMISSION.  (a)  Only the
 508-12  General Services Commission may approve a voucher sent by a state
 508-13  agency, along with related documentation, for approval by the
 508-14  commission unless the commission has designated one or more
 508-15  officers or employees of the commission to approve vouchers.
 508-16        (b)  The commission shall give to the comptroller:
 508-17              (1)  written notice of an officer or employee of the
 508-18  commission designated by the commission to approve a voucher; and
 508-19              (2)  the signature card from the designated individual.
 508-20  (V.A.C.S. Art. 6252-31, Secs. 5, 7(a), as added by Acts 1991, 72nd
 508-21  Leg., R.S., Ch. 641.)
 508-22        Sec. 2103.064.  TEXAS TRANSPORTATION COMMISSION.  (a)  The
 508-23  Texas Transportation Commission may delegate to one or more
 508-24  employees of the Texas Department of Transportation the authority
 508-25  to approve vouchers for expenditures from the state highway fund
 508-26  and the authority to approve and sign contracts and other
 508-27  documents.  These delegations of authority are limited to effect
  509-1  the orders, policies, and work programs of the department.
  509-2        (b)  The Texas Transportation Commission may require a
  509-3  recipient of a delegation of authority to post a bond payable to
  509-4  the state in the amount the commission considers necessary.
  509-5        (c)  If the commission requires the posting of a bond, the
  509-6  bond must be conditioned on faithful performance.
  509-7        (d)  The commission shall pay the premium on all bonds from
  509-8  the state highway fund. (V.A.C.S. Art. 6252-31, Sec. 8, as added by
  509-9  Acts 1991, 72nd Leg., R.S., Ch. 641.)
 509-10              CHAPTER 2104.  CONSERVATORSHIP AS A RESULT
 509-11                        OF FISCAL MISMANAGEMENT
 509-12                   SUBCHAPTER A.  GENERAL PROVISIONS
 509-13  Sec. 2104.001.  DEFINITIONS
 509-14  Sec. 2104.002.  APPLICABILITY OF CHAPTER
 509-15        (Sections 2104.003 to 2104.010 reserved for expansion)
 509-16              SUBCHAPTER B.  STATE CONSERVATORSHIP BOARD
 509-17  Sec. 2104.011.  BOARD COMPOSITION; TERMS
 509-18  Sec. 2104.012.  PRESIDING OFFICER; MEETINGS
 509-19  Sec. 2104.013.  COMPENSATION; EXPENSES
 509-20  Sec. 2104.014.  RULES
 509-21  Sec. 2104.015.  ADMINISTRATIVE SERVICES
 509-22        (Sections 2104.016 to 2104.020 reserved for expansion)
 509-23           SUBCHAPTER C.  CONSERVATORSHIP OF STATE AGENCIES
 509-24  Sec. 2104.021.  MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER
 509-25  Sec. 2104.022.  ASSUMPTION OF POLICY FUNCTIONS
 509-26  Sec. 2104.023.  BOARD CONSERVATORSHIP POWERS AND DUTIES
 509-27  Sec. 2104.024.  REPORT
  510-1  Sec. 2104.025.  DURATION OF CONSERVATORSHIP
  510-2        (Sections 2104.026 to 2104.030 reserved for expansion)
  510-3       SUBCHAPTER D.  CONSERVATORSHIP OF PUBLIC JUNIOR COLLEGES
  510-4  Sec. 2104.031.  MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER
  510-5  Sec. 2104.032.  REPORTS
  510-6  Sec. 2104.033.  DURATION OF CONSERVATORSHIP
  510-7              CHAPTER 2104.  CONSERVATORSHIP AS A RESULT
  510-8                        OF FISCAL MISMANAGEMENT
  510-9                   SUBCHAPTER A.  GENERAL PROVISIONS
 510-10        Sec. 2104.001.  DEFINITIONS.  In this chapter:
 510-11              (1)  "Board" means the State Conservatorship Board.
 510-12              (2)  "Gross fiscal mismanagement" includes:
 510-13                    (A)  failure to keep adequate fiscal records;
 510-14                    (B)  failure to maintain proper control over
 510-15  assets;
 510-16                    (C)  failure to discharge fiscal obligations in a
 510-17  timely manner; and
 510-18                    (D)  misuse of state funds.
 510-19              (3)  "State agency" means a department, commission,
 510-20  board, office, or other agency, including a university system or an
 510-21  institution of higher education other than a public junior college,
 510-22  that:
 510-23                    (A)  is in the executive branch of state
 510-24  government;
 510-25                    (B)  is created by statute; and
 510-26                    (C)  does not have statutory geographical
 510-27  boundaries limited to a part of the state.
  511-1              (4)  "State fiscal management policies" means laws or
  511-2  rules relating to:
  511-3                    (A)  fiscal recordkeeping and reporting;
  511-4                    (B)  use or control of state property;
  511-5                    (C)  timely discharge of fiscal obligations; or
  511-6                    (D)  use of state funds.  (V.A.C.S. Art.
  511-7  4413(203), Sec. 1; New.)
  511-8        Sec. 2104.002.  APPLICABILITY OF CHAPTER.  This chapter does
  511-9  not apply to an agency that is under the direction of an elected
 511-10  officer, board, or commission.  (V.A.C.S. Art. 4413(203), Sec. 2.)
 511-11        (Sections 2104.003 to 2104.010 reserved for expansion)
 511-12              SUBCHAPTER B.  STATE CONSERVATORSHIP BOARD
 511-13        Sec. 2104.011.  BOARD COMPOSITION; TERMS.  (a)  The board is
 511-14  composed of three members appointed by the governor with the advice
 511-15  and consent of the senate.
 511-16        (b)  To be eligible for appointment to the board, a person
 511-17  must be qualified, by experience or education, in administration or
 511-18  fiscal management.
 511-19        (c)  A public officer is ineligible to serve on the board.
 511-20        (d)  Members serve staggered six-year terms with the term of
 511-21  one member expiring on January 31 of each odd-numbered year.
 511-22  (V.A.C.S. Art. 4413(203), Secs. 3(b), (c), (d).)
 511-23        Sec. 2104.012.  PRESIDING OFFICER; MEETINGS.  (a)  The
 511-24  governor shall designate a board member to serve as presiding
 511-25  officer for a two-year period expiring on January 31 of
 511-26  odd-numbered years.
 511-27        (b)  The board shall meet at the call of the presiding
  512-1  officer or as provided by board rule.  (V.A.C.S. Art. 4413(203),
  512-2  Secs. 4(b), (c).)
  512-3        Sec. 2104.013.  COMPENSATION; EXPENSES.  A board member may
  512-4  not receive compensation but is entitled to reimbursement for
  512-5  actual and necessary expenses incurred in the performance of
  512-6  official duties.  (V.A.C.S. Art. 4413(203), Sec. 5.)
  512-7        Sec. 2104.014.  RULES.  The board may adopt and enforce rules
  512-8  necessary to administer this chapter.  (V.A.C.S. Art. 4413(203),
  512-9  Sec. 11.)
 512-10        Sec. 2104.015.  ADMINISTRATIVE SERVICES.  (a)  The governor
 512-11  shall provide the board with administrative services.
 512-12        (b)  If necessary, the governor may use appropriations made
 512-13  under Section 403.075 to provide the administrative services.
 512-14  (V.A.C.S. Art. 4413(203), Sec. 6.)
 512-15        (Sections 2104.016 to 2104.020 reserved for expansion)
 512-16           SUBCHAPTER C.  CONSERVATORSHIP OF STATE AGENCIES
 512-17        Sec. 2104.021.  MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER.
 512-18  (a)  The legislative audit committee shall notify the governor of
 512-19  the committee's finding that a condition of gross fiscal
 512-20  mismanagement exists in a state agency.
 512-21        (b)  After receipt of the notice, the governor by
 512-22  proclamation may order the board to act as conservator of the
 512-23  agency.  (V.A.C.S. Art. 4413(203), Sec. 7.)
 512-24        Sec. 2104.022.  ASSUMPTION OF POLICY FUNCTIONS.  The board,
 512-25  acting on an order of the governor under Section 2104.021, shall
 512-26  assume all the powers and duties of the officers responsible for
 512-27  policy direction of the state agency subject to the order, and
  513-1  those officers may not act unless authorized by the board.
  513-2  (V.A.C.S. Art. 4413(203), Sec. 8.)
  513-3        Sec. 2104.023.  BOARD CONSERVATORSHIP POWERS AND DUTIES.
  513-4  (a)  The board, acting as conservator of a state agency under this
  513-5  subchapter, shall ensure that the agency complies with state fiscal
  513-6  management policies.
  513-7        (b)  The board, acting as conservator of a state agency under
  513-8  this subchapter, may:
  513-9              (1)  terminate the employment of any employee whose
 513-10  conduct the board determines contributed to the condition that
 513-11  caused the conservatorship;
 513-12              (2)  employ personnel for the agency;
 513-13              (3)  change the agency's organization or structure as
 513-14  necessary to alleviate the conditions that caused the
 513-15  conservatorship; and
 513-16              (4)  contract with persons for management or
 513-17  administrative services necessary to effect the conservatorship.
 513-18        (c)  The board may delegate any part of its powers or duties
 513-19  as conservator other than its rulemaking authority to a person with
 513-20  whom it contracts under Subsection (b)(4).  (V.A.C.S. Art.
 513-21  4413(203), Sec. 9.)
 513-22        Sec. 2104.024.  REPORT.  (a)  The board shall report on a
 513-23  conservatorship under this subchapter to the governor and the
 513-24  legislative audit committee not later than the 60th day after the
 513-25  date the governor orders the conservatorship  and at the end of
 513-26  each subsequent 60-day period until the conservatorship is
 513-27  dissolved.
  514-1        (b)  The report must include a description of the measures
  514-2  taken to ensure that the state agency complies with state fiscal
  514-3  management policies and an estimate of the progress the board has
  514-4  made in attaining that goal.  (V.A.C.S. Art. 4413(203), Sec. 10.)
  514-5        Sec. 2104.025.  DURATION OF CONSERVATORSHIP.  A
  514-6  conservatorship under this subchapter continues until the earlier
  514-7  of:
  514-8              (1)  the governor's issuing of a proclamation declaring
  514-9  that the condition of gross fiscal mismanagement in the state
 514-10  agency no longer exists and that the conservatorship is dissolved;
 514-11  or
 514-12              (2)  the legislative audit committee's finding and
 514-13  certifying to the governor that the condition of gross fiscal
 514-14  mismanagement in the agency no longer exists, in which case the
 514-15  conservatorship is dissolved.  (V.A.C.S. Art. 4413(203), Sec. 12.)
 514-16        (Sections 2104.026 to 2104.030 reserved for expansion)
 514-17       SUBCHAPTER D.  CONSERVATORSHIP OF PUBLIC JUNIOR COLLEGES
 514-18        Sec. 2104.031.  MISMANAGEMENT FINDING; CONSERVATORSHIP ORDER.
 514-19  (a)  On the governor's request, the Texas Higher Education
 514-20  Coordinating Board with the advice and assistance of the state
 514-21  auditor shall determine if a condition of gross fiscal
 514-22  mismanagement exists at a public junior college.
 514-23        (b)  If the coordinating board finds a condition of gross
 514-24  fiscal mismanagement of a public junior college, the governor by
 514-25  proclamation may order the board to act as conservator of the
 514-26  college.
 514-27        (c)  Except as otherwise provided by this subchapter, the
  515-1  board shall act as conservator of a public junior college in the
  515-2  manner provided by this chapter for conservatorship of state
  515-3  agencies by the board.  (V.A.C.S. Art. 4413(203), Sec. 2A(a).)
  515-4        Sec. 2104.032.  REPORTS.  The board shall file the reports
  515-5  relating to public junior colleges required by Section 2104.024
  515-6  with the Texas Higher Education Coordinating Board.  (V.A.C.S. Art.
  515-7  4413(203), Sec. 2A(b).)
  515-8        Sec. 2104.033.  DURATION OF CONSERVATORSHIP.  A
  515-9  conservatorship of a public junior college under this subchapter
 515-10  continues until the earlier of:
 515-11              (1)  the governor's issuing of a proclamation declaring
 515-12  that the condition of gross fiscal mismanagement no longer exists
 515-13  and that the conservatorship is dissolved; or
 515-14              (2)  the Texas Higher Education Coordinating Board's
 515-15  finding and certifying to the governor that the condition of gross
 515-16  fiscal mismanagement no longer exists, in which case the
 515-17  conservatorship is dissolved.  (V.A.C.S. Art. 4413(203),
 515-18  Sec. 2A(c).)
 515-19             CHAPTER 2105.  ADMINISTRATION OF BLOCK GRANTS
 515-20                   SUBCHAPTER A.  GENERAL PROVISIONS
 515-21  Sec. 2105.001.  DEFINITIONS
 515-22  Sec. 2105.002.  COMBINATION OF PROGRAMS NOT INTENDED
 515-23                    TO REDUCE SERVICES
 515-24  Sec. 2105.003.  CHANGE IN FEDERAL LAW OR REGULATION
 515-25  Sec. 2105.004.  DISCRIMINATION PROHIBITED
 515-26  Sec. 2105.005.  PRIORITY TO POVERTY PROGRAMS
 515-27  Sec. 2105.006.  AGENCY AUDITS
  516-1  Sec. 2105.007.  PROVIDER AUDITS
  516-2  Sec. 2105.008.  UNIFORM MANAGEMENT
  516-3  Sec. 2105.009.  PRIMARY CARE BLOCK GRANT
  516-4        (Sections 2105.010 to 2105.050 reserved for expansion)
  516-5        SUBCHAPTER B.  DEVELOPMENT OF PLAN; PUBLIC INFORMATION
  516-6  Sec. 2105.051.  DEFINITION
  516-7  Sec. 2105.052.  CONTENTS OF PLAN
  516-8  Sec. 2105.053.  PUBLIC HEARINGS ON INTENDED USE OF FUNDS
  516-9  Sec. 2105.054.  NOTICE OF HEARING
 516-10  Sec. 2105.055.  PUBLIC COMMENTS
 516-11  Sec. 2105.056.  PUBLIC INFORMATION
 516-12  Sec. 2105.057.  CONSULTATION ACTIVITIES
 516-13  Sec. 2105.058.  PUBLIC HEARING BY CERTAIN PROVIDERS
 516-14  Sec. 2105.059.  AVAILABILITY OF RULES AND ELIGIBILITY
 516-15                    REQUIREMENTS
 516-16        (Sections 2105.060 to 2105.100 reserved for expansion)
 516-17                       SUBCHAPTER C.  COMPLAINTS
 516-18  Sec. 2105.101.  PUBLICATION OF PROCEDURES
 516-19  Sec. 2105.102.  INVESTIGATION
 516-20  Sec. 2105.103.  NOTICE TO PROVIDER; RESPONSE
 516-21  Sec. 2105.104.  USE OF COMPLAINTS; ANNUAL SUMMARY
 516-22        (Sections 2105.105 to 2105.150 reserved for expansion)
 516-23             SUBCHAPTER D.  DENIAL OF SERVICES OR BENEFITS
 516-24  Sec. 2105.151.  RIGHT TO REQUEST HEARING ON DENIAL OF SERVICES
 516-25                    OR BENEFITS
 516-26  Sec. 2105.152.  DEPARTMENT OF HUMAN SERVICES' PROCEDURES FOR
 516-27                    FAIR HEARING
  517-1  Sec. 2105.153.  HEARING ON DENIAL OF SERVICES OR BENEFITS BY
  517-2                    AGENCY
  517-3  Sec. 2105.154.  HEARING ON DENIAL OF SERVICES OR BENEFITS BY
  517-4                    PROVIDER
  517-5        (Sections 2105.155 to 2105.200 reserved for expansion)
  517-6            SUBCHAPTER E.  NONRENEWAL OR REDUCTION OF BLOCK
  517-7                   GRANT FUNDS OF SPECIFIC PROVIDER
  517-8  Sec. 2105.201.  APPLICATION OF SUBCHAPTER; EXCEPTION
  517-9  Sec. 2105.202.  RULES; CONSIDERATIONS
 517-10  Sec. 2105.203.  NOTICE TO PROVIDER OF REDUCTION
 517-11  Sec. 2105.204.  HEARING ON REDUCTION OF FUNDING
 517-12  Sec. 2105.205.  INTERIM CONTRACT PENDING HEARING
 517-13        (Sections 2105.206 to 2105.250 reserved for expansion)
 517-14             SUBCHAPTER F.  REDUCTION OF BLOCK GRANT FUNDS
 517-15                          FOR GEOGRAPHIC AREA
 517-16  Sec. 2105.251.  APPLICATION OF SUBCHAPTER; EXCEPTION
 517-17  Sec. 2105.252.  NOTICE TO PROVIDER
 517-18  Sec. 2105.253.  RULES; CONSIDERATIONS
 517-19        (Sections 2105.254 to 2105.300 reserved for expansion)
 517-20            SUBCHAPTER G.  TERMINATION OF BLOCK GRANT FUNDS
 517-21  Sec. 2105.301.  NOTICE TO PROVIDER
 517-22  Sec. 2105.302.  HEARING
 517-23        (Sections 2105.303 to 2105.350 reserved for expansion)
 517-24                    SUBCHAPTER H.  JUDICIAL REVIEW
 517-25  Sec. 2105.351.  JUDICIAL REVIEW
 517-26             CHAPTER 2105.  ADMINISTRATION OF BLOCK GRANTS
 517-27                   SUBCHAPTER A.  GENERAL PROVISIONS
  518-1        Sec. 2105.001.  DEFINITIONS.  In this chapter:
  518-2              (1)  "Agency" means the Texas Department of Human
  518-3  Services, the Texas Department of Health, the Texas Department of
  518-4  Housing and Community Affairs, the Central Education Agency, the
  518-5  Texas Department of Mental Health and Mental Retardation, or any
  518-6  other commission, board, or department designated to receive block
  518-7  grant funds.
  518-8              (2)  "Block grant" means a program resulting from the
  518-9  consolidation or transfer of separate federal grant programs,
 518-10  including federal categorical programs, so that the state
 518-11  determines the amounts to be allocated or the method of allocating
 518-12  the amounts to various agencies or programs from the combined
 518-13  amounts, including a program consolidated or transferred under the
 518-14  Omnibus Budget Reconciliation Act of 1981 (Pub. L. No. 97-35).
 518-15              (3)  "Program" means an activity designed to deliver
 518-16  services or benefits provided by state or federal law.
 518-17              (4)  "Provider" means a public or private organization
 518-18  that receives block grant funds or may be eligible to receive block
 518-19  grant funds to provide services or benefits to the public,
 518-20  including:
 518-21                    (A)  a local government unit;
 518-22                    (B)  a council of government;
 518-23                    (C)  a community action agency; or
 518-24                    (D)  a private new community developer or
 518-25  nonprofit community association in a community originally
 518-26  established as a new community development program under the Urban
 518-27  Growth and New Community Development Act of 1970 (42 U.S.C. Section
  519-1  4511 et seq.).
  519-2              (5)  "Recipient" means an individual or a class of
  519-3  individuals who receives services or benefits available through
  519-4  block grants.  (V.A.C.S. Art. 6252-13e, Secs. 2, 3(1), (2), (3),
  519-5  (5).)
  519-6        Sec. 2105.002.  COMBINATION OF PROGRAMS NOT INTENDED TO
  519-7  REDUCE SERVICES.  The process of combining categorical federal
  519-8  assistance programs into block grants should not have an overall
  519-9  effect of reducing the relative proportion of services and benefits
 519-10  made available to low-income individuals, elderly individuals,
 519-11  disabled individuals, and migrant and seasonal agricultural
 519-12  workers.  (V.A.C.S. Art. 6252-13e, Sec. 1(d).)
 519-13        Sec. 2105.003.  CHANGE IN FEDERAL LAW OR REGULATION.  If a
 519-14  change in a federal law or regulation does not provide for
 519-15  temporary waivers to allow compliance with state law and because of
 519-16  the change an agency or provider does not have sufficient time to
 519-17  comply with a procedure required by this chapter, the agency or
 519-18  provider may act in compliance with federal law and shall comply
 519-19  with procedures required by this chapter as soon as possible.
 519-20  (V.A.C.S. Art. 6252-13e, Sec. 15(a).)
 519-21        Sec. 2105.004.  DISCRIMINATION PROHIBITED.  An agency or
 519-22  provider may not use block grant funds in a manner that
 519-23  discriminates on the basis of race, color, national origin, sex, or
 519-24  religion.  (V.A.C.S. Art. 6252-13e, Sec. 16.)
 519-25        Sec. 2105.005.  PRIORITY TO POVERTY PROGRAMS.  (a)  An agency
 519-26  should give priority to programs that remedy the causes and cycle
 519-27  of poverty if:
  520-1              (1)  the alleviation of poverty is a purpose of the
  520-2  block grant; and
  520-3              (2)  the agency has discretion over the types of
  520-4  programs that may be funded with the block grant.
  520-5        (b)  In administering a block grant, an agency shall consult:
  520-6              (1)  low-income recipients;
  520-7              (2)  low-income intended recipients; and
  520-8              (3)  organizations representing low-income individuals.
  520-9        (c)  To the extent consistent with the purpose of the block
 520-10  grant, an agency by rule shall ensure that providers use block
 520-11  grant funds to the maximum benefit of low-income recipients and
 520-12  intended recipients.  (V.A.C.S. Art. 6252-13e, Sec. 14.)
 520-13        Sec. 2105.006.  AGENCY AUDITS.  (a)  An agency's expenditure
 520-14  of block grant funds is subject to audit by the state auditor in
 520-15  accordance with Chapter 321.
 520-16        (b)  The state auditor immediately shall transmit a copy of
 520-17  an audit of an agency to the governor.  Not later than the 30th day
 520-18  after the date on which an audit of an agency is completed, the
 520-19  governor shall transmit a copy of the audit to the appropriate
 520-20  federal authority.  (V.A.C.S. Art. 6252-13e, Secs. 12(a), (c),
 520-21  (d).)
 520-22        Sec. 2105.007.  PROVIDER AUDITS.  A provider that receives
 520-23  block grant funds from an agency shall provide the agency with
 520-24  evidence that an annual audit of the provider has been performed.
 520-25  (V.A.C.S. Art. 6252-13e, Sec. 12(b).)
 520-26        Sec. 2105.008.  UNIFORM MANAGEMENT.  Chapter 783 applies to
 520-27  agencies and providers for the purpose of block grant
  521-1  administration.  (V.A.C.S. Art. 6252-13e, Sec. 13.)
  521-2        Sec. 2105.009.  PRIMARY CARE BLOCK GRANT.  (a)  The Texas
  521-3  Department of Health shall administer the primary care block grant
  521-4  if the department satisfies federal requirements relating to the
  521-5  designation of an agency to administer the grant.
  521-6        (b)  In administering the primary care block grant, the
  521-7  department may:
  521-8              (1)  receive the primary care block grant funds on
  521-9  behalf of the state;
 521-10              (2)  spend primary care block grant funds and state
 521-11  funds specifically appropriated by the legislature to match funds
 521-12  received under a primary care block grant;
 521-13              (3)  make grants to, advance funds to, contract with,
 521-14  and take other actions through community health centers that meet
 521-15  the requirements of 42 U.S.C. Section 254c(e)(3) to provide for the
 521-16  delivery of primary and supplemental health services to medically
 521-17  underserved populations of the state;
 521-18              (4)  adopt necessary rules; and
 521-19              (5)  perform other activities necessary to administer
 521-20  the primary care block grant.
 521-21        (c)  In this section:
 521-22              (1)  "Community health center" has the meaning assigned
 521-23  by 42 U.S.C. Section 254c(a).
 521-24              (2)  "Medically underserved population," "primary
 521-25  health services," and "supplemental health services" have the
 521-26  meanings assigned by 42 U.S.C. Section 254c(b).  (V.A.C.S. Art.
 521-27  6252-13e, Sec. 17.)
  522-1        (Sections 2105.010 to 2105.050 reserved for expansion)
  522-2        SUBCHAPTER B.  DEVELOPMENT OF PLAN; PUBLIC INFORMATION
  522-3        Sec. 2105.051.  DEFINITION.  In this subchapter, "plan" means
  522-4  a report submitted to the federal government that contains a
  522-5  statement of activities and programs to show the intended and
  522-6  actual use of block grant funds.  (V.A.C.S. Art. 6252-13e, Sec.
  522-7  3(4).)
  522-8        Sec. 2105.052.  CONTENTS OF PLAN.  A plan must describe:
  522-9              (1)  major changes in policy for each program;
 522-10              (2)  the extent of anticipated reductions or increases
 522-11  in services under the block grant; and
 522-12              (3)  the nature of any fees a recipient must pay to
 522-13  receive services funded under the block grant.  (V.A.C.S. Art.
 522-14  6252-13e, Sec. 4(g).)
 522-15        Sec. 2105.053.  PUBLIC HEARINGS ON INTENDED USE OF FUNDS.
 522-16  (a)  In developing a request for appropriations before each regular
 522-17  legislative session, an agency shall hold public hearings in four
 522-18  locations in different areas of the state to solicit public comment
 522-19  on the intended use of block grant funds.
 522-20        (b)  An agency must conduct at least two of the hearings
 522-21  required by this section after normal agency working hours.
 522-22        (c)  An agency may hold a hearing required by this section in
 522-23  conjunction with:
 522-24              (1)  another agency without regard to whether the block
 522-25  grants administered by the agencies are for different purposes; or
 522-26              (2)  the governor's office.  (V.A.C.S. Art. 6252-13e,
 522-27  Secs. 4(a), (b), (i).)
  523-1        Sec. 2105.054.  NOTICE OF HEARING.  (a)  An agency shall:
  523-2              (1)  provide notice of a public hearing regarding the
  523-3  plan for a block grant not later than the 15th day before the date
  523-4  of the hearing;
  523-5              (2)  post the notice in a conspicuous place in each
  523-6  agency office;
  523-7              (3)  include in the notice a clear and concise
  523-8  description of the matters to be considered and a statement of the
  523-9  manner in which written comments may be submitted;
 523-10              (4)  maintain lists of interested persons;
 523-11              (5)  mail notices of hearings to interested persons;
 523-12  and
 523-13              (6)  conduct other activities necessary to promote
 523-14  public participation in the public hearing.
 523-15        (b)  A notice prepared under this section must be printed in
 523-16  English and Spanish.  (V.A.C.S. Art. 6252-13e, Secs. 4(c), (d),
 523-17  (j).)
 523-18        Sec. 2105.055.  PUBLIC COMMENTS.  (a)  An agency shall
 523-19  summarize, in a fair manner, the types of public comments received
 523-20  by the agency during public hearings regarding a plan.
 523-21        (b)  If an agency's final decision does not reflect the
 523-22  recommendations of particular classes of public comments, the
 523-23  agency shall provide a reasoned response justifying the agency's
 523-24  decision as to each comment.
 523-25        (c)  An agency shall distribute the summary of public
 523-26  comments and the responses to the comments as part of the plan and
 523-27  shall:
  524-1              (1)  have the summary and response published in the
  524-2  Texas Register; and
  524-3              (2)  make the summary and response available to the
  524-4  public.  (V.A.C.S. Art. 6252-13e, Secs. 4(e), (f), (h).)
  524-5        Sec. 2105.056.  PUBLIC INFORMATION.  (a)  An agency shall
  524-6  publish information for the public:
  524-7              (1)  describing the manner in which the agency's staff
  524-8  develops preliminary options for the use of block grants; and
  524-9              (2)  stating the period in which the preliminary work
 524-10  is usually performed.
 524-11        (b)  An agency shall undertake public information activities
 524-12  necessary to ensure that recipients and intended recipients are
 524-13  informed of the availability of services and benefits.
 524-14        (c)  Information published under this section must be printed
 524-15  in English and Spanish.  (V.A.C.S. Art. 6252-13e, Secs. 5(a), (h),
 524-16  (j).)
 524-17        Sec. 2105.057.  CONSULTATION ACTIVITIES.  (a)  An agency
 524-18  shall consult interested members of the public to assist the agency
 524-19  in developing preliminary staff recommendations on the use of block
 524-20  grant funds.
 524-21        (b)  During preparation or amendment of a plan, an agency
 524-22  shall consult:
 524-23              (1)  affected groups, including local governments,
 524-24  charitable organizations, and businesses that provide or fund
 524-25  services similar to the services that may be provided by the agency
 524-26  under the block grant; and
 524-27              (2)  any state advisory or coordinating council that
  525-1  has responsibility over programs similar to the programs that may
  525-2  be provided under the block grant.
  525-3        (c)  An agency that is authorized to approve the allocation
  525-4  of more than $10 million in block grant funds in a year by a
  525-5  discretionary manner other than an objective formula required by
  525-6  federal law shall provide that the consultation required by
  525-7  Subsections (a) and (b)(1) must occur in each of the agency's
  525-8  regions.  (V.A.C.S. Art. 6252-13e, Secs. 5(b), (c), (d), (e).)
  525-9        Sec. 2105.058.  PUBLIC HEARING BY CERTAIN PROVIDERS.
 525-10  (a)  This section applies to a provider that receives more than
 525-11  $5,000 in block grant funds to be used as the provider determines
 525-12  appropriate.
 525-13        (b)  Annually, a provider shall submit evidence to the agency
 525-14  that a public meeting or hearing was held in a timely manner solely
 525-15  to seek public comment on the needs or uses of block grant funds
 525-16  received by the provider.
 525-17        (c)  A provider may hold a meeting or hearing under
 525-18  Subsection (b) in conjunction with another meeting or hearing of
 525-19  the provider if the meeting or hearing to consider block grant
 525-20  funds is clearly noted in an announcement of the other meeting or
 525-21  hearing.
 525-22        (d)  An agency by rule may require a provider to undertake
 525-23  other reasonable efforts to seek public participation.  (V.A.C.S.
 525-24  Art. 6252-13e, Secs. 5(f), (g).)
 525-25        Sec. 2105.059.  AVAILABILITY OF RULES AND ELIGIBILITY
 525-26  REQUIREMENTS.  An agency shall maintain for public inspection in
 525-27  each office:
  526-1              (1)  the rules and eligibility requirements relating to
  526-2  the administration of block grant funds; and
  526-3              (2)  a digest or index to rules and decisions.
  526-4  (V.A.C.S. Art. 6252-13e, Sec. 5(i).)
  526-5        (Sections 2105.060 to 2105.100 reserved for expansion)
  526-6                       SUBCHAPTER C.  COMPLAINTS
  526-7        Sec. 2105.101.  PUBLICATION OF PROCEDURES.  An agency shall
  526-8  distribute publications that describe:
  526-9              (1)  the block grant programs administered by the
 526-10  agency; and
 526-11              (2)  how to make public comments and complaints about
 526-12  the quality of services funded by the block grant.  (V.A.C.S. Art.
 526-13  6252-13e, Sec. 6(a).)
 526-14        Sec. 2105.102.  INVESTIGATION.  (a)  An agency shall have a
 526-15  procedure for investigating complaints about the programs funded by
 526-16  a block grant.
 526-17        (b)  Before the 31st day after the date on which the
 526-18  complaint is received, the agency shall:
 526-19              (1)  complete the investigation; or
 526-20              (2)  notify the complainant when the investigation can
 526-21  be completed, if the investigation cannot be completed within the
 526-22  period provided by this subsection.  (V.A.C.S. Art. 6252-13e, Secs.
 526-23  6(b) (part), (c).)
 526-24        Sec. 2105.103.  NOTICE TO PROVIDER; RESPONSE.  (a)  An agency
 526-25  shall inform a provider of any complaint received concerning the
 526-26  provider's services.
 526-27        (b)  An agency shall give a provider a reasonable time to
  527-1  respond to a complaint.  (V.A.C.S. Art. 6252-13e, Sec. 6(d).)
  527-2        Sec. 2105.104.  USE OF COMPLAINTS; ANNUAL SUMMARY.  (a)  An
  527-3  agency shall use the complaint system to monitor and ensure
  527-4  compliance with applicable federal and state law.
  527-5        (b)  An agency shall consider the history of complaints
  527-6  regarding a provider in determining whether to renew a contract or
  527-7  subgrant for the use of block grant funds by the provider.
  527-8        (c)  An agency shall summarize annually the types of
  527-9  complaints received by the agency.  (V.A.C.S. Art. 6252-13e, Secs.
 527-10  6(b) (part), (e), (f).)
 527-11        (Sections 2105.105 to 2105.150 reserved for expansion)
 527-12             SUBCHAPTER D.  DENIAL OF SERVICES OR BENEFITS
 527-13        Sec. 2105.151.  RIGHT TO REQUEST HEARING ON DENIAL OF
 527-14  SERVICES OR BENEFITS.  Except as provided by Section 2001.223(1),
 527-15  an affected person who alleges that a provider or an agency has
 527-16  denied all or part of a service or benefit funded by block grant
 527-17  funds in a manner that is unjust, discriminatory, or without
 527-18  reasonable basis in law or fact may request an administrative
 527-19  hearing under Chapter 2001.  (V.A.C.S. Art. 6252-13e, Sec. 7(a)
 527-20  (part).)
 527-21        Sec. 2105.152.  DEPARTMENT OF HUMAN SERVICES PROCEDURES FOR
 527-22  FAIR HEARING.  The Texas Department of Human Services shall use
 527-23  procedures for conducting a fair hearing under this subchapter.
 527-24  (V.A.C.S. Art. 6252-13e, Sec. 7(a) (part).)
 527-25        Sec. 2105.153.  HEARING ON DENIAL OF SERVICES OR BENEFITS BY
 527-26  AGENCY.  (a)  An agency administering block grant funds shall
 527-27  conduct a timely hearing on the denial of a service or benefit by
  528-1  the agency.
  528-2        (b)  On determining that services were wrongfully denied, an
  528-3  agency shall take appropriate action to correct the practices or
  528-4  procedures of the agency.  (V.A.C.S. Art. 6252-13e, Sec. 7(b).)
  528-5        Sec. 2105.154.  HEARING ON DENIAL OF SERVICES OR BENEFITS BY
  528-6  PROVIDER.  (a)  The agency that provides block grant funds to a
  528-7  provider shall conduct a timely hearing on the denial of a service
  528-8  or benefit by the provider.
  528-9        (b)  A hearing under this section must be held in the
 528-10  locality served by the provider.
 528-11        (c)  On determining that services were wrongfully denied, an
 528-12  agency shall take appropriate action to correct the practices or
 528-13  procedures of the provider.  (V.A.C.S. Art. 6252-13e, Sec. 7(c).)
 528-14        (Sections 2105.155 to 2105.200 reserved for expansion)
 528-15         SUBCHAPTER E.  NONRENEWAL OR REDUCTION OF BLOCK GRANT
 528-16                      FUNDS OF SPECIFIC PROVIDER
 528-17        Sec. 2105.201.  APPLICATION OF SUBCHAPTER; EXCEPTION.
 528-18  (a)  This subchapter applies if:
 528-19              (1)  an agency reduces a provider's block grant funding
 528-20  by 25 percent or more; and
 528-21              (2)  the agency provides the block grant funds to
 528-22  another provider in the same geographic area to provide similar
 528-23  services.
 528-24        (b)  This subchapter does not apply if a provider's block
 528-25  grant funding becomes subject to the agency's competitive bidding
 528-26  rules requiring the agency to invite bids for competitive
 528-27  evaluation.  (V.A.C.S. Art. 6252-13e, Secs. 9(a), (i).)
  529-1        Sec. 2105.202.  RULES; CONSIDERATIONS.  (a)  An agency shall
  529-2  adopt specific rules defining good cause for nonrenewal of a
  529-3  provider's contract or reduction of a provider's funding.
  529-4        (b)  In deciding whether to renew a provider's contract or to
  529-5  reduce a provider's funding, an agency shall consider:
  529-6              (1)  the effectiveness of services rendered by various
  529-7  providers;
  529-8              (2)  the cost efficiency of programs undertaken by each
  529-9  provider;
 529-10              (3)  the extent to which the services of each provider
 529-11  meet the needs of groups or classes of individuals who are poor or
 529-12  underprivileged or have a disability;
 529-13              (4)  the degree to which services can be provided by
 529-14  other programs in that area;
 529-15              (5)  the extent to which recipients are involved in the
 529-16  providers' decision making; and
 529-17              (6)  the need to provide services in the state without
 529-18  discrimination as to race, religion, or geographic region.
 529-19  (V.A.C.S. Art. 6252-13e, Secs. 9(c), (d).)
 529-20        Sec. 2105.203.  NOTICE TO PROVIDER OF REDUCTION.  Not later
 529-21  than the 30th day before the date on which block grant funds are
 529-22  reduced, an agency shall send a provider a written statement
 529-23  specifying the reason for reducing the funding.  (V.A.C.S. Art.
 529-24  6252-13e, Sec. 9(b).)
 529-25        Sec. 2105.204.  HEARING ON REDUCTION OF FUNDING.  (a)  After
 529-26  receiving notice that block grant funds are to be reduced as
 529-27  provided by Section 2105.203, a provider may request an
  530-1  administrative hearing under Chapter 2001 if the provider alleges
  530-2  that a reduction of funding:
  530-3              (1)  violates the rules adopted under Section
  530-4  2105.202(a);
  530-5              (2)  is discriminatory; or
  530-6              (3)  is without reasonable basis in law or fact.
  530-7        (b)  Not later than the 30th day after the date the request
  530-8  is received, the agency shall conduct a hearing to determine
  530-9  whether the funding should be reduced.  The agency and the provider
 530-10  may agree to postpone the hearing.
 530-11        (c)  An agency shall hold at least one session of the hearing
 530-12  in the locality served by the provider and shall hear local public
 530-13  comment on the matter at that time if requested to do so by:
 530-14              (1)  a local elected official; or
 530-15              (2)  an organization with 25 or more members.
 530-16  (V.A.C.S. Art. 6252-13e, Secs. 9(e), (f), (g).)
 530-17        Sec. 2105.205.  INTERIM CONTRACT PENDING HEARING.  If a
 530-18  provider requests an administrative hearing under Section 2105.204,
 530-19  the agency may enter into an interim contract with the provider or
 530-20  another provider for the services formerly provided by the provider
 530-21  while administrative or judicial proceedings are pending.
 530-22  (V.A.C.S. Art. 6252-13e, Sec. 9(h).)
 530-23        (Sections 2105.206 to 2105.250 reserved for expansion)
 530-24   SUBCHAPTER F.  REDUCTION OF BLOCK GRANT FUNDS FOR GEOGRAPHIC AREA
 530-25        Sec. 2105.251.  APPLICATION OF SUBCHAPTER; EXCEPTION.
 530-26  (a)  This subchapter applies if:
 530-27              (1)  an agency reduces a provider's block grant funding
  531-1  by 25 percent or more; and
  531-2              (2)  the agency does not provide the block grant funds
  531-3  to another provider in the same geographic area.
  531-4        (b)  This subchapter does not apply if the provider received
  531-5  block grant funds for a specified period under a competitive
  531-6  evaluation of proposals.  (V.A.C.S. Art. 6252-13e, Secs. 10(a),
  531-7  (d).)
  531-8        Sec. 2105.252.  NOTICE TO PROVIDER.  Not later than the 30th
  531-9  day before the date on which the block grant funds are to be
 531-10  reduced, an agency shall send a provider a written statement
 531-11  specifying the reason for reducing the funding.  The statement must
 531-12  be sent to the provider so that the provider has sufficient time to
 531-13  participate in public hearings and consultation proceedings
 531-14  provided by Subchapter B.  (V.A.C.S. Art. 6252-13e, Sec. 10(b).)
 531-15        Sec. 2105.253.  RULES; CONSIDERATIONS.  The rules adopted
 531-16  under Section 2105.202(a) and the considerations provided by
 531-17  Section 2105.202(b) apply to a reduction of block grant funds under
 531-18  this subchapter.  (V.A.C.S. Art. 6252-13e, Sec. 10(c).)
 531-19        (Sections 2105.254 to 2105.300 reserved for expansion)
 531-20            SUBCHAPTER G.  TERMINATION OF BLOCK GRANT FUNDS
 531-21        Sec. 2105.301.  NOTICE TO PROVIDER.  An agency that proposes
 531-22  to terminate block grant funds of a provider that has violated the
 531-23  terms of a contract or grant shall send the provider a written
 531-24  statement specifying the reasons for the termination not later than
 531-25  the 31st day before the termination date.  (V.A.C.S. Art. 6252-13e,
 531-26  Sec. 8(a).)
 531-27        Sec. 2105.302.  HEARING.  (a)  After receiving notice of
  532-1  termination of a contract or subgrant from block grant funds, a
  532-2  provider may request an administrative hearing under Chapter 2001.
  532-3        (b)  Not later than the 30th day after the date the request
  532-4  is received, the agency shall conduct a hearing to determine
  532-5  whether the funding should be terminated.  The agency and the
  532-6  provider may agree to postpone the hearing.  (V.A.C.S. Art.
  532-7  6252-13e, Secs. 8(b) (part), (c).)
  532-8        (Sections 2105.303 to 2105.350 reserved for expansion)
  532-9                    SUBCHAPTER H.  JUDICIAL REVIEW
 532-10        Sec. 2105.351.  JUDICIAL REVIEW.  A party to a hearing under
 532-11  Subchapter D, E, F, or G may seek judicial review of the agency's
 532-12  action as provided by Subchapter G, Chapter 2001.  (V.A.C.S. Art.
 532-13  6252-13e, Sec. 11.)
 532-14             CHAPTER 2106.  INDIRECT COST RECOVERY PROGRAM
 532-15  Sec. 2106.001.  DEFINITIONS
 532-16  Sec. 2106.002.  STATEWIDE COST ALLOCATION PLAN
 532-17  Sec. 2106.003.  AGENCY INDIRECT COST RECOVERY PLAN
 532-18  Sec. 2106.004.  TECHNICAL ASSISTANCE
 532-19  Sec. 2106.005.  AGENCY RECOVERY OF INDIRECT COSTS
 532-20  Sec. 2106.006.  GENERAL REVENUE FUND REIMBURSEMENT
 532-21  Sec. 2106.007.  APPROPRIATION OF FEDERALLY REIMBURSED
 532-22                    INDIRECT COSTS
 532-23             CHAPTER 2106.  INDIRECT COST RECOVERY PROGRAM
 532-24        Sec. 2106.001.  DEFINITIONS.  In this chapter:
 532-25              (1)  "Federally reimbursable indirect cost" means a
 532-26  cost, as defined by Office of Management and Budget Circular No.
 532-27  A-87 or a subsequent revision of or successor to that circular,
  533-1  that is:
  533-2                    (A)  incurred by a state agency in support of a
  533-3  federally funded program, other than a research program funded by a
  533-4  federal grant at an institution of higher education; and
  533-5                    (B)  eligible for reimbursement from the federal
  533-6  government.
  533-7              (2)  "Indirect cost" means the cost of administering a
  533-8  state or federally funded program and includes a cost of providing
  533-9  a statewide support service.  The term does not include the actual
 533-10  costs of the program.
 533-11              (3)  "State agency" means a department, board,
 533-12  commission, or other entity in the executive branch of state
 533-13  government that has statewide jurisdiction and administers a
 533-14  program to provide a service to the public or to regulate persons
 533-15  engaged in an occupation or activity.
 533-16              (4)  "Support service" includes accounting, auditing,
 533-17  budgeting, centralized purchasing, and legal services.  (V.A.C.S.
 533-18  Art. 6252-5f, Sec. 1; New.)
 533-19        Sec. 2106.002.  STATEWIDE COST ALLOCATION PLAN.  (a)  The
 533-20  office of the governor shall prepare annually a statewide cost
 533-21  allocation plan.
 533-22        (b)  The plan must:
 533-23              (1)  identify the costs of providing statewide support
 533-24  services to each state agency;
 533-25              (2)  allocate to each state agency an appropriate
 533-26  portion of the total costs of statewide support services; and
 533-27              (3)  identify, to the extent possible, the amount of
  534-1  federally reimbursable indirect costs in each allocated portion.
  534-2        (c)  The office of the governor shall distribute a copy of
  534-3  the plan to each state agency.  (V.A.C.S. Art. 6252-5f, Sec. 2.)
  534-4        Sec. 2106.003.  AGENCY INDIRECT COST RECOVERY PLAN.  (a)  A
  534-5  state agency that receives federal money or charges a fee for a
  534-6  service it provides shall prepare annually an indirect cost
  534-7  recovery plan.
  534-8        (b)  The plan must include proposals to recover the indirect
  534-9  costs of the agency's programs, including the portion of statewide
 534-10  support service costs allocated to the agency under the statewide
 534-11  cost allocation plan.
 534-12        (c)  A state agency that receives federal money shall also
 534-13  prepare a separate schedule indicating its federally reimbursable
 534-14  indirect costs.  (V.A.C.S. Art. 6252-5f, Sec. 3(a).)
 534-15        Sec. 2106.004.  TECHNICAL ASSISTANCE.  The office of the
 534-16  governor shall provide to a state agency on request technical
 534-17  assistance for developing the agency's indirect cost recovery plan.
 534-18  (V.A.C.S. Art. 6252-5f, Sec. 3(c).)
 534-19        Sec. 2106.005.  AGENCY RECOVERY OF INDIRECT COSTS.  A state
 534-20  agency shall implement its indirect cost recovery plan by:
 534-21              (1)  applying for reimbursement for federally
 534-22  reimbursable indirect costs; and
 534-23              (2)  when permitted by law, setting fees and billing
 534-24  rates at amounts sufficient to recover the indirect costs of the
 534-25  agency.  (V.A.C.S. Art.  6252-5f, Sec. 3(b).)
 534-26        Sec. 2106.006.  GENERAL REVENUE FUND REIMBURSEMENT.  (a)  A
 534-27  state agency that receives federal money for federally reimbursable
  535-1  indirect costs shall send to the state treasurer for deposit to the
  535-2  credit of the general revenue fund the lesser of:
  535-3              (1)  the amount received for federally reimbursable
  535-4  indirect costs; or
  535-5              (2)  the amount allocated to the agency in the
  535-6  governor's statewide cost allocation plan for the cost of providing
  535-7  statewide support services to the agency.
  535-8        (b)  This section does not apply to money received by a state
  535-9  agency for federally reimbursable indirect costs to the extent that
 535-10  the agency has previously paid another state agency for services
 535-11  for which the first agency has been reimbursed.  (V.A.C.S. Art.
 535-12  6252-5f, Secs. 4(a), (c).)
 535-13        Sec. 2106.007.  APPROPRIATION OF FEDERALLY REIMBURSED
 535-14  INDIRECT COSTS.  (a)  The legislature may appropriate to a state
 535-15  agency for any purpose the amount of federal money the agency is
 535-16  estimated to receive for federally reimbursable indirect costs
 535-17  during a fiscal biennium.
 535-18        (b)  The appropriation for a state agency may include the
 535-19  amount of federal money for federally reimbursable indirect costs
 535-20  that the agency recovers during a fiscal biennium that exceeds the
 535-21  estimated amount.  (V.A.C.S. Art. 6252-5f, Sec. 4(b).)
 535-22     CHAPTER 2107.  COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
 535-23  Sec. 2107.001.  DEFINITIONS
 535-24  Sec. 2107.002.  AGENCY COLLECTION PROCESS
 535-25  Sec. 2107.003.  COLLECTION BY ATTORNEY GENERAL OR OUTSIDE
 535-26                    AGENT
 535-27  Sec. 2107.004.  NOTICE TO ATTORNEY GENERAL FOR FURTHER
  536-1                    COLLECTION
  536-2  Sec. 2107.005.  REPORTS TO ATTORNEY GENERAL
  536-3  Sec. 2107.006.  ATTORNEY FEES AND COSTS
  536-4  Sec. 2107.007.  RETENTION OF COLLECTION FEE
  536-5     CHAPTER 2107.  COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
  536-6        Sec. 2107.001.  DEFINITIONS.  In this chapter:
  536-7              (1)  "Obligation" includes a debt, judgment, claim,
  536-8  account, fee, fine, tax, penalty, interest, loan, charge, or grant.
  536-9              (2)  "State agency" means an agency, board, commission,
 536-10  institution, or other unit of state government.  (V.A.C.S. Art.
 536-11  6252-5e, Sec. 1.)
 536-12        Sec. 2107.002.  AGENCY COLLECTION PROCESS.  (a)  The attorney
 536-13  general shall adopt uniform guidelines for the process by which a
 536-14  state agency collects delinquent obligations owed to the agency.
 536-15        (b)  A state agency that collects delinquent obligations owed
 536-16  to the agency shall establish procedures by rule for collecting a
 536-17  delinquent obligation and a reasonable period for collection.  The
 536-18  rules must conform to the guidelines established by the attorney
 536-19  general.
 536-20        (c)  Until a state agency adopts rules under this section,
 536-21  the attorney general by rule may establish collection procedures
 536-22  for the agency, including the period for collecting a delinquent
 536-23  obligation.  (V.A.C.S. Art. 6252-5e, Sec. 2(a) (part).)
 536-24        Sec. 2107.003.  COLLECTION BY ATTORNEY GENERAL OR OUTSIDE
 536-25  AGENT.  (a)  A state agency shall request the attorney general to
 536-26  collect an obligation before the agency may employ, retain, or
 536-27  contract with a person other than a full-time employee of the state
  537-1  agency to collect the obligation.
  537-2        (b)  The attorney general may authorize the requesting state
  537-3  agency to employ, retain, or contract with a person other than a
  537-4  full-time employee of the agency to collect an obligation that the
  537-5  attorney general cannot collect.  (V.A.C.S. Art. 6252-5e, Sec. 4.)
  537-6        Sec. 2107.004.  NOTICE TO ATTORNEY GENERAL FOR FURTHER
  537-7  COLLECTION.  Not later than the 30th day after the date a state
  537-8  agency determines that normal agency collection procedures for an
  537-9  obligation owed the agency have failed, the agency shall report the
 537-10  uncollected and delinquent obligation to the attorney general for
 537-11  further collection efforts.  (V.A.C.S. Art. 6252-5e, Sec. 2(a)
 537-12  (part).)
 537-13        Sec. 2107.005.  REPORTS TO ATTORNEY GENERAL.  The attorney
 537-14  general may develop specific reporting procedures for each state
 537-15  agency and may adopt rules relating to the reports, including rules
 537-16  specifying when an agency must report and what information must be
 537-17  included in the report.  (V.A.C.S. Art. 6252-5e, Sec. 2(b).)
 537-18        Sec. 2107.006.  ATTORNEY FEES AND COSTS.  In any proceeding
 537-19  under this chapter or other law in which the state seeks to collect
 537-20  or recover a delinquent obligation or damages, the attorney general
 537-21  may recover reasonable attorney fees, investigative costs, and
 537-22  court costs incurred on behalf of the state in the proceeding in
 537-23  the same manner as provided by general law for a private litigant.
 537-24  (V.A.C.S. Art. 6252-5e, Sec. 3.)
 537-25        Sec. 2107.007.  RETENTION OF COLLECTION FEE.  (a)  An
 537-26  obligation reported to the attorney general for collection under
 537-27  this chapter is subject to a collection fee for the use and benefit
  538-1  of the attorney general as provided by legislative appropriation.
  538-2        (b)  The attorney general may retain the amount of the
  538-3  collection fee from the amount of the obligation collected.
  538-4        (c)  A collection fee may not be retained from amounts
  538-5  collected for the unemployment compensation fund established by
  538-6  Section 9, Texas Unemployment Compensation Act (Article 5221b-7,
  538-7  Vernon's Texas Civil Statutes).  (V.A.C.S. Art. 6252-5e, Sec. 5
  538-8  (part).)
  538-9       CHAPTER 2108.  EMPLOYEE INCENTIVE AND AGENCY PRODUCTIVITY
 538-10                   SUBCHAPTER A.  GENERAL PROVISIONS
 538-11  Sec. 2108.001.  DEFINITION
 538-12  Sec. 2108.002.  COMMISSION
 538-13  Sec. 2108.003.  COMMISSION COMPOSITION; PRESIDING OFFICER;
 538-14                    TERMS
 538-15  Sec. 2108.004.  COMMISSION POWERS AND DUTIES
 538-16  Sec. 2108.005.  EXECUTIVE DIRECTOR; STAFF
 538-17  Sec. 2108.006.  REPORT
 538-18  Sec. 2108.007.  APPLICATION OF SUNSET ACT
 538-19        (Sections 2108.008 to 2108.020 reserved for expansion)
 538-20            SUBCHAPTER B.  STATE EMPLOYEE INCENTIVE PROGRAM
 538-21  Sec. 2108.021.  DEFINITIONS
 538-22  Sec. 2108.022.  STATE EMPLOYEE INCENTIVE PROGRAM
 538-23  Sec. 2108.023.  AWARDS
 538-24  Sec. 2108.024.  EMPLOYEE ELIGIBILITY
 538-25  Sec. 2108.025.  EMPLOYEE STATUS; FORMER EMPLOYEES
 538-26  Sec. 2108.026.  ELIGIBLE SUGGESTION
 538-27  Sec. 2108.027.  MULTIPLE AND JOINT SUGGESTIONS
  539-1  Sec. 2108.028.  AGENCY COORDINATOR
  539-2  Sec. 2108.029.  ELIGIBILITY DETERMINATION BY AGENCY
  539-3                    COORDINATOR
  539-4  Sec. 2108.030.  PROCEDURE
  539-5  Sec. 2108.031.  COMMISSION AS ARBITER; APPEAL
  539-6  Sec. 2108.032.  REEVALUATION OF SUGGESTION
  539-7  Sec. 2108.033.  SUGGESTION ADOPTED BEFORE SUBMISSION TO AGENCY
  539-8                    COORDINATOR
  539-9  Sec. 2108.034.  SUGGESTION REQUIRING LEGISLATIVE ACTION
 539-10  Sec. 2108.035.  CONFIDENTIALITY
 539-11  Sec. 2108.036.  CLAIMS ASSIGNED TO STATE
 539-12  Sec. 2108.037.  FUNDS TRANSFER
 539-13  Sec. 2108.038.  SPECIAL FUND
 539-14  Sec. 2108.039.  CHANGE TO INCENTIVE PROGRAM
 539-15        (Sections 2108.040 to 2108.100 reserved for expansion)
 539-16               SUBCHAPTER C.  PRODUCTIVITY BONUS PROGRAM
 539-17  Sec. 2108.101.  DEFINITIONS
 539-18  Sec. 2108.102.  PLAN
 539-19  Sec. 2108.103.  APPLICATION
 539-20  Sec. 2108.104.  QUALIFICATIONS FOR PRODUCTIVITY BONUS
 539-21  Sec. 2108.105.  NOTICE OF AWARD
 539-22  Sec. 2108.106.  AWARD TO EMPLOYEES
 539-23  Sec. 2108.107.  AWARD TO STATE AGENCY OR DIVISION
 539-24  Sec. 2108.108.  DETERMINATION OF COST REDUCTION
 539-25  Sec. 2108.109.  PRODUCTIVITY BONUS FUND; AGENCY AND DIVISION
 539-26                    ACCOUNTS
 539-27  Sec. 2108.110.  LEGISLATIVE INTENT
  540-1       CHAPTER 2108.  EMPLOYEE INCENTIVE AND AGENCY PRODUCTIVITY
  540-2                   SUBCHAPTER A.  GENERAL PROVISIONS
  540-3        Sec. 2108.001.  DEFINITION.  In this chapter, "commission"
  540-4  means the Texas Incentive and Productivity Commission.  (V.A.C.S.
  540-5  Art. 6252-29a, Sec. 1.001.)
  540-6        Sec. 2108.002.  COMMISSION.  The commission is a state
  540-7  agency.  (V.A.C.S. Art. 6252-29a, Sec. 1.002.)
  540-8        Sec. 2108.003.  COMMISSION COMPOSITION; PRESIDING OFFICER;
  540-9  TERMS.  (a)  The commission is composed of:
 540-10              (1)  the governor;
 540-11              (2)  the lieutenant governor;
 540-12              (3)  the comptroller;
 540-13              (4)  the state treasurer;
 540-14              (5)  the agency administrator of the Texas Employment
 540-15  Commission;
 540-16              (6)  the chairman of the Texas Higher Education
 540-17  Coordinating Board or the chairman's designee; and
 540-18              (7)  three public members appointed by the governor who
 540-19  have experience in the administration of bonus, incentive, or
 540-20  related programs used in private industry.
 540-21        (b)  A commission member who is an elected official may
 540-22  designate another individual to act in the official's place as a
 540-23  voting member of the commission.
 540-24        (c)  The governor or the governor's designee serves as
 540-25  presiding officer of the commission.
 540-26        (d)  Public members serve a two-year term, with the term of
 540-27  one member expiring February 1 of each even-numbered year and the
  541-1  term of two members expiring February 1 of each odd-numbered year.
  541-2  (V.A.C.S. Art. 6252-29a, Sec. 1.003.)
  541-3        Sec. 2108.004.  COMMISSION POWERS AND DUTIES.  (a)  The
  541-4  commission shall develop policies, procedures, and record-keeping
  541-5  measures to administer this chapter.
  541-6        (b)  The commission may adopt rules to carry out this
  541-7  chapter.
  541-8        (c)  The commission may accept contributions or assistance
  541-9  from private institutions and organizations and may request and
 541-10  receive aid and assistance from the governor's office and other
 541-11  state governmental bodies to effectively implement this chapter.
 541-12  (V.A.C.S. Art. 6252-29a, Sec. 1.006.)
 541-13        Sec. 2108.005.  EXECUTIVE DIRECTOR; STAFF.  (a)  The
 541-14  commission may hire an executive director and other staff necessary
 541-15  to perform its functions.
 541-16        (b)  The commission may designate separate division directors
 541-17  to oversee the administration of the state employee incentive
 541-18  program under Subchapter B and the productivity bonus program under
 541-19  Subchapter C.  (V.A.C.S. Art. 6252-29a, Sec. 1.005.)
 541-20        Sec. 2108.006.  REPORT.  Not later than January 1 before each
 541-21  regular session of the legislature, the commission shall report in
 541-22  writing to the governor, the lieutenant governor, and the speaker
 541-23  of the house of representatives on the commission's activities,
 541-24  decisions, awards, and recommendations.  (V.A.C.S. Art. 6252-29a,
 541-25  Sec. 1.007.)
 541-26        Sec. 2108.007.  APPLICATION OF SUNSET ACT.  The Texas
 541-27  Incentive and Productivity Commission is subject to Chapter 325
  542-1  (Texas Sunset Act).  Unless continued in existence as provided by
  542-2  that chapter, the commission is abolished and this chapter expires
  542-3  September 1, 2001.  (V.A.C.S. Art. 6252-29a, Sec. 1.004.)
  542-4        (Sections 2108.008 to 2108.020 reserved for expansion)
  542-5            SUBCHAPTER B.  STATE EMPLOYEE INCENTIVE PROGRAM
  542-6        Sec. 2108.021.  DEFINITIONS.  In this subchapter:
  542-7              (1)  "Agency coordinator" means a state employee who is
  542-8  designated by the executive director of the employee's agency to
  542-9  act as the liaison between that agency and the commission.
 542-10              (2)  "Award" means a bonus or certificate of
 542-11  appreciation.
 542-12              (3)  "Bonus" means a monetary award that is granted to
 542-13  a state employee in payment for an employee suggestion.
 542-14              (4)  "Certificate of appreciation" means a nonmonetary
 542-15  award that is granted to a state employee in recognition of an
 542-16  employee suggestion.
 542-17              (5)  "Incentive program" means the state employee
 542-18  incentive program.
 542-19              (6)  "State agency" means a department, commission,
 542-20  board, office, or other agency in the executive or judicial branch
 542-21  of government that is created under the constitution or a statute
 542-22  of this state.
 542-23              (7)  "State employee" means an employee of a state
 542-24  agency and does not include an elected or appointed agency
 542-25  official.  (V.A.C.S. Art. 6252-29a, Secs. 2.001, 2.004(b).)
 542-26        Sec. 2108.022.  STATE EMPLOYEE INCENTIVE PROGRAM.  (a)  The
 542-27  purposes of the state employee incentive program are to:
  543-1              (1)  reduce state expenditures, increase state
  543-2  revenues, and improve the quality of state services; and
  543-3              (2)  recognize the contributions made by certain state
  543-4  employees in achieving the goals described in Subdivision (1).
  543-5        (b)  An employee may be compensated for a suggestion under
  543-6  the incentive program only as provided by this subchapter.
  543-7  (V.A.C.S. Art. 6252-29a, Secs. 2.002(a), 2.008(a) (part).)
  543-8        Sec. 2108.023.  AWARDS.  (a)  From funds appropriated or
  543-9  otherwise available for this purpose, the commission may grant an
 543-10  award to an eligible state employee who makes a suggestion that:
 543-11              (1)  reduces state expenditures, increases state
 543-12  revenues, increases agency productivity, or improves the quality of
 543-13  state services; and
 543-14              (2)  is approved and implemented.
 543-15        (b)  The commission may grant an award, and the comptroller
 543-16  may transfer funds under this subchapter, before the end of the
 543-17  first year in which a suggestion is implemented.
 543-18        (c)  An award or transfer of funds must be computed on the
 543-19  net annual actual or projected savings or increased revenues,
 543-20  including savings or increased revenues that result from increased
 543-21  productivity, that are certified by the affected state agency and
 543-22  the commission.
 543-23        (d)  An employee is eligible for a bonus of 10 percent of the
 543-24  net savings or revenue increases, not to exceed an award of $5,000,
 543-25  if the employee's suggestion results in savings or increased
 543-26  revenues, including savings or increased revenues that result from
 543-27  increased productivity, that:
  544-1              (1)  can be computed using a cost-benefit analysis; and
  544-2              (2)  equal or exceed $100 after implementation costs.
  544-3        (e)  An employee is not eligible for a bonus but may be
  544-4  recognized by a certificate of appreciation if the employee's
  544-5  suggestion results in:
  544-6              (1)  intangible savings or benefits that cannot be
  544-7  computed using a cost-benefit analysis; or
  544-8              (2)  a net annual savings or increase in revenues of
  544-9  less than $100.
 544-10        (f)  The commission may also issue a certificate of
 544-11  appreciation to each employee who is granted a bonus under this
 544-12  subchapter.  (V.A.C.S. Art. 6252-29a, Secs. 2.002(b), (c), (d),
 544-13  (e).)
 544-14        Sec. 2108.024.  EMPLOYEE ELIGIBILITY.  Each state employee is
 544-15  eligible to participate in the incentive program except an
 544-16  employee:
 544-17              (1)  who has authority to implement the suggestion
 544-18  being made;
 544-19              (2)  who is on an unpaid leave of absence;
 544-20              (3)  whose job description includes responsibility for
 544-21  cost analysis, efficiency analysis, savings implementation, or
 544-22  other similar programs in the employee's agency;
 544-23              (4)  who is involved in or has access to agency
 544-24  research and development information used as the basis of the
 544-25  suggestion; or
 544-26              (5)  whose job description or routine job duties
 544-27  include developing the type of change in agency operations
  545-1  recommended by the suggestion.  (V.A.C.S. Art. 6252-29a, Sec.
  545-2  2.004(a).)
  545-3        Sec. 2108.025.  EMPLOYEE STATUS; FORMER EMPLOYEES.  (a)  An
  545-4  employee's eligibility under Section 2108.024 is determined on the
  545-5  employee's status when the agency coordinator receives the original
  545-6  employee suggestion.
  545-7        (b)  A former employee is eligible for an award if the
  545-8  employee's suggestion is implemented on or before the second
  545-9  anniversary of the date of final disposition of the suggestion.  A
 545-10  bonus granted to an employee who dies before the bonus is received
 545-11  shall be paid to the employee's estate.  (V.A.C.S. Art. 6252-29a,
 545-12  Sec. 2.007(b).)
 545-13        Sec. 2108.026.  ELIGIBLE SUGGESTION.  (a)  To be eligible for
 545-14  consideration under the incentive program an employee suggestion
 545-15  must:
 545-16              (1)  be given to the agency coordinator;
 545-17              (2)  be in writing and in the form the commission
 545-18  prescribes;
 545-19              (3)  be signed by the employee;
 545-20              (4)  propose a reasonable implementation method; and
 545-21              (5)  describe the type of cost savings or other benefit
 545-22  the employee foresees if the suggestion is adopted.
 545-23        (b)  An employee is not eligible to receive an award under
 545-24  this subchapter for a suggestion that:
 545-25              (1)  does not describe a method to achieve the desired
 545-26  savings or benefit;
 545-27              (2)  proposes an idea under implementation or
  546-1  consideration on the date the suggestion is given to the agency;
  546-2              (3)  relates only to personnel matters or grievances,
  546-3  including employee classification or compensation;
  546-4              (4)  proposes a correction for a condition that
  546-5  resulted only because applicable established procedures were not
  546-6  properly followed; or
  546-7              (5)  proposes implementation of a policy or procedure
  546-8  that the employee's agency adopted before the employee made the
  546-9  suggestion to the agency.  (V.A.C.S. Art. 6252-29a, Secs. 2.005(a)
 546-10  (part), 2.006.)
 546-11        Sec. 2108.027.  MULTIPLE AND JOINT SUGGESTIONS.  (a)  If two
 546-12  or more employees submit the same suggestion relating to the same
 546-13  agency, the first suggestion that the agency coordinator receives
 546-14  is eligible for consideration.
 546-15        (b)  If the same suggestion is received on the same day from
 546-16  two or more employees working at different locations, a bonus
 546-17  granted for the suggestion may be divided equally among the
 546-18  employees.
 546-19        (c)  Two or more employees may submit a joint suggestion.  A
 546-20  bonus granted for the suggestion may be divided equally among the
 546-21  employees.  (V.A.C.S. Art. 6252-29a, Secs. 2.005(c), (d).)
 546-22        Sec. 2108.028.  AGENCY COORDINATOR.  (a)  Each state agency
 546-23  shall designate an agency coordinator.
 546-24        (b)  An agency coordinator shall:
 546-25              (1)  promote employee participation in the incentive
 546-26  program;
 546-27              (2)  obtain an impartial evaluation of each employee
  547-1  suggestion;
  547-2              (3)  promote the implementation of adopted suggestions
  547-3  by the agency;
  547-4              (4)  monitor the cost savings and other benefits that
  547-5  result from the implementation of an employee suggestion;
  547-6              (5)  file reports with the commission as required by
  547-7  commission rule; and
  547-8              (6)  arrange and conduct intraagency award ceremonies
  547-9  to recognize agency employees who are granted awards under this
 547-10  subchapter.  (V.A.C.S. Art. 6252-29a, Sec. 2.003(a).)
 547-11        Sec. 2108.029.  ELIGIBILITY DETERMINATION BY AGENCY
 547-12  COORDINATOR.  (a)  An agency coordinator shall make the initial
 547-13  determination of the eligibility of an employee suggestion or of an
 547-14  agency employee who makes a suggestion.
 547-15        (b)  An employee who is aggrieved by an eligibility
 547-16  determination of an agency coordinator may request a
 547-17  redetermination.
 547-18        (c)  The commission shall adopt rules to govern the
 547-19  redetermination process.  An agency coordinator shall give each
 547-20  employee who makes a suggestion a copy of the commission rules
 547-21  relating to redeterminations or reevaluations.  (V.A.C.S. Art.
 547-22  6252-29a, Sec. 2.003(b).)
 547-23        Sec. 2108.030.  PROCEDURE.  (a)  Not later than the 90th day
 547-24  after the date an agency coordinator receives an employee
 547-25  suggestion, the agency coordinator shall send the suggestion and
 547-26  the evaluation of the suggestion to the commission for further
 547-27  analysis and comment regarding implementation.  If, after any
  548-1  necessary analysis, the commission determines that the suggestion
  548-2  has merit, the commission shall refer the suggestion to each
  548-3  appropriate state agency for proposed adoption and implementation.
  548-4        (b)  Not later than the 30th day after the date the
  548-5  commission makes a final determination on adoption or rejection of
  548-6  an employee suggestion, the commission shall notify in writing each
  548-7  employee who proposed the suggestion of the commission's
  548-8  determination.
  548-9        (c)  Final adoption of an employee suggestion is at the
 548-10  discretion of the chief administrative officers of each agency.  An
 548-11  agency that implements a suggestion proposed under this subchapter
 548-12  shall provide information the commission requests that is necessary
 548-13  to compute the amount of savings or other benefits derived from the
 548-14  suggestion.  (V.A.C.S. Art. 6252-29a, Secs. 2.005(a) (part), (e),
 548-15  (f).)
 548-16        Sec. 2108.031.  COMMISSION AS ARBITER; APPEAL.  (a)  The
 548-17  commission is the final arbiter of any dispute arising from the
 548-18  implementation of the incentive program or from eligibility
 548-19  determination.
 548-20        (b)  An employee may not appeal a commission decision to a
 548-21  court.  (V.A.C.S. Art. 6252-29a, Secs. 2.002(g), 2.008(a) (part).)
 548-22        Sec. 2108.032.  REEVALUATION OF SUGGESTION.  An employee
 548-23  whose suggestion has been rejected may request a reevaluation of
 548-24  the suggestion if the employee has reasonable grounds to believe
 548-25  that the importance of the suggestion has been overlooked or
 548-26  misinterpreted.  The employee must make the request in writing not
 548-27  later than the 30th day after the date the employee receives notice
  549-1  of the rejection.  The employee shall provide any additional
  549-2  information that the employee considers useful to the reevaluation.
  549-3  (V.A.C.S. Art. 6252-29a, Sec. 2.007(c).)
  549-4        Sec. 2108.033.  SUGGESTION ADOPTED BEFORE SUBMISSION TO
  549-5  AGENCY COORDINATOR.  The commission may grant a bonus or issue a
  549-6  certificate of appreciation to an employee who makes a suggestion
  549-7  that results in an agency's adopting a policy or procedure before
  549-8  the suggestion is submitted to the agency coordinator if the
  549-9  employee or agency demonstrates to the commission that:
 549-10              (1)  the employee making the suggestion is eligible
 549-11  under this subchapter;
 549-12              (2)  the suggestion is eligible under this subchapter;
 549-13              (3)  the employee proposed a reasonable method of
 549-14  implementation and described the type of savings or benefit
 549-15  foreseen to the agency before agency implementation; and
 549-16              (4)  the agency adopted the policy or procedure as a
 549-17  result of the suggestion.  (V.A.C.S. Art. 6252-29a, Sec. 2.005(g).)
 549-18        Sec. 2108.034.  SUGGESTION REQUIRING LEGISLATIVE ACTION.  The
 549-19  commission shall note a suggestion that requires legislative
 549-20  action.  If, as a direct result of an employee suggestion,
 549-21  legislation is passed to implement the suggestion, the commission
 549-22  shall consider the suggestion for an award.  The employee's agency
 549-23  coordinator shall notify the commission if implementing legislation
 549-24  is passed.  (V.A.C.S. Art. 6252-29a, Sec. 2.005(b).)
 549-25        Sec. 2108.035.  CONFIDENTIALITY.  On request of an employee
 549-26  who has made a suggestion under this subchapter, the commission to
 549-27  the greatest extent possible shall maintain the employee's
  550-1  confidentiality in the evaluation or award process.  (V.A.C.S. Art.
  550-2  6252-29a, Sec. 2.007(a).)
  550-3        Sec. 2108.036.  CLAIMS ASSIGNED TO STATE.  By submitting a
  550-4  suggestion under this subchapter, an employee agrees with the state
  550-5  that a claim of the employee based on the suggestion, including a
  550-6  patent, copyright, trademark, or other similar claim, is assigned
  550-7  to the state.  (V.A.C.S. Art. 6252-29a, Sec. 2.008(b).)
  550-8        Sec. 2108.037.  FUNDS TRANSFER.  (a)  The comptroller shall
  550-9  transfer the amount certified by the commission and the affected
 550-10  agency as the actual or projected savings or increased revenues
 550-11  attributable to an implemented suggestion from a fund affected by
 550-12  the savings or increased revenues.
 550-13        (b)  The comptroller shall transfer the amount certified
 550-14  under Subsection (a) as follows:
 550-15              (1)  40 percent to the fund from which the original
 550-16  appropriation to the affected fund was made;
 550-17              (2)  40 percent to an appropriate fund from which the
 550-18  affected agency may award merit pay increases to individuals in the
 550-19  agency; and
 550-20              (3)  20 percent to the special fund established for the
 550-21  commission under Section 2108.038.
 550-22        (c)  If increased productivity attributable to an implemented
 550-23  suggestion results in savings or increased revenues that can be
 550-24  computed as provided by Section 2108.023(c) but that will not
 550-25  permit the affected agency to transfer or to have an unexpended
 550-26  balance of appropriated money, the commission and the affected
 550-27  agency shall certify the amount of actual or projected savings or
  551-1  increased revenues that are attributable to the suggestion, and the
  551-2  comptroller shall transfer 20 percent of that amount from a fund
  551-3  affected by the savings or increased revenues to the special fund
  551-4  established under Section 2108.038.  (V.A.C.S. Art. 6252-29a, Sec.
  551-5  2.002(f) (part).)
  551-6        Sec. 2108.038.  SPECIAL FUND.  (a)  An amount transferred
  551-7  under Section 2108.037(b)(3) or (c) shall be deposited in the state
  551-8  treasury to the credit of a special fund.  Money in the fund may be
  551-9  used by the commission for bonuses awarded under this subchapter
 551-10  and to administer the commission.
 551-11        (b)  The comptroller shall transfer any amount remaining in
 551-12  the special fund on the last day of a state fiscal biennium to the
 551-13  general revenue fund or other funds as appropriate.  (V.A.C.S. Art.
 551-14  6252-29a, Sec. 2.002(f) (part).)
 551-15        Sec. 2108.039.  CHANGE TO INCENTIVE PROGRAM.  The state may
 551-16  change or terminate the incentive program at any time without prior
 551-17  notice.  (V.A.C.S. Art. 6252-29a, Sec. 2.008(a) (part).)
 551-18        (Sections 2108.040 to 2108.100 reserved for expansion)
 551-19               SUBCHAPTER C.  PRODUCTIVITY BONUS PROGRAM
 551-20        Sec. 2108.101.  DEFINITIONS.  In this subchapter:
 551-21              (1)  "Division" means a unit of a state agency that:
 551-22                    (A)  has an identifiable self-contained budget;
 551-23  or
 551-24                    (B)  maintains its financial records under an
 551-25  accounting system that permits the accurate identification of the
 551-26  unit's expenditures and receipts.
 551-27              (2)  "Productivity bonus" means a cash bonus awarded to
  552-1  an eligible state agency or division in recognition of increased
  552-2  productivity.
  552-3              (3)  "State agency" means a department, commission,
  552-4  board, office, or other agency in the executive or judicial branch
  552-5  of state government, but does not include:
  552-6                    (A)  the office of the governor; or
  552-7                    (B)  an institution of higher education, as
  552-8  defined by Section 61.003, Education Code.  (V.A.C.S. Art.
  552-9  6252-29a, Sec. 3.001.)
 552-10        Sec. 2108.102.  PLAN.  (a)  Before a state agency may apply
 552-11  for a productivity bonus for the agency or a division of the
 552-12  agency, the commission must approve an agency plan submitted by the
 552-13  agency's executive director.  The plan must outline a strategy to
 552-14  be followed by the agency or division that, if implemented, would
 552-15  qualify the agency or division for a productivity bonus.
 552-16        (b)  The commission may return a plan to the executive
 552-17  director to request additional information or clarification of
 552-18  details relating to the plan.
 552-19        (c)  Not later than the 30th day after the date the
 552-20  commission receives the plan, the commission shall approve or
 552-21  reject the plan and inform the executive director in writing of its
 552-22  decision.  (V.A.C.S. Art. 6252-29a, Sec. 3.002.)
 552-23        Sec. 2108.103.  APPLICATION.  (a)  After approval of a plan
 552-24  under Section 2108.102, the executive director of a state agency
 552-25  may apply to the commission for a productivity bonus for the agency
 552-26  or one of the agency's divisions.  To apply, the executive director
 552-27  must provide the commission with evaluation components developed by
  553-1  the agency or division that permit a quantitative measure of the
  553-2  agency's or division's productivity and performance.
  553-3        (b)  The application must be:
  553-4              (1)  in the form the commission prescribes;
  553-5              (2)  approved by the executive director of the agency;
  553-6  and
  553-7              (3)  submitted not later than the 30th day before the
  553-8  last day of the fiscal year.  (V.A.C.S. Art. 6252-29a, Sec. 3.003.)
  553-9        Sec. 2108.104.  QUALIFICATIONS FOR PRODUCTIVITY BONUS.
 553-10  (a)  The commission may not award a productivity bonus unless the
 553-11  commission determines that:
 553-12              (1)  the state agency or division has demonstrated that
 553-13  during the fiscal year the agency or division operated at a lower
 553-14  cost than the amount appropriated to the agency or division for
 553-15  that fiscal year without a decrease in the level of services
 553-16  required to be rendered by the agency or division during that year;
 553-17  and
 553-18              (2)  the cost of operation that the agency or division
 553-19  claims is not the result, in whole or part, of:
 553-20                    (A)  lowering of the quality of services
 553-21  rendered;
 553-22                    (B)  reduced pass-through or transfer
 553-23  expenditures;
 553-24                    (C)  receipts exceeding budgeted amounts;
 553-25                    (D)  failure to implement a merited promotion,
 553-26  reclassification, or authorized salary increase;
 553-27                    (E)  postponement of a scheduled purchase,
  554-1  repair, or payment of accounts to a future fiscal year;
  554-2                    (F)  stockpiling of inventory in the preceding
  554-3  fiscal year to reduce requirements during the fiscal year;
  554-4                    (G)  substitution of nonstate funds for state
  554-5  appropriations; or
  554-6                    (H)  another practice, event, or device that the
  554-7  commission determines has caused a distortion that results in an
  554-8  inaccurate claimed cost of operation.
  554-9        (b)  For the purposes of Subsection (a)(1), if an
 554-10  appropriation for a fiscal biennium is not divided between the
 554-11  fiscal years, the commission shall base its determination on the
 554-12  amount reasonably attributable to the fiscal year involved.
 554-13        (c)  The commission shall consider as legitimate savings a
 554-14  reduction in expenditures made possible by:
 554-15              (1)  reduction in overtime for eligible employees;
 554-16              (2)  elimination of:
 554-17                    (A)  consultant fees;
 554-18                    (B)  budgeted positions;
 554-19                    (C)  unnecessary travel, printing, and mailing;
 554-20  and
 554-21                    (D)  payments for unnecessary advertising,
 554-22  membership dues, and subscriptions and other nonessential
 554-23  expenditures of the agency's or division's funds;
 554-24              (3)  increased efficiency in energy use;
 554-25              (4)  improved office procedures and systems; and
 554-26              (5)  another practice or device that the commission
 554-27  determines has resulted in verifiable savings.  (V.A.C.S. Art.
  555-1  6252-29a, Sec. 3.004.)
  555-2        Sec. 2108.105.  NOTICE OF AWARD.  If the commission
  555-3  determines that a state agency or division qualifies for a
  555-4  productivity bonus, the commission shall notify the executive
  555-5  director of the agency.  (V.A.C.S. Art. 6252-29a, Sec. 3.007(a).)
  555-6        Sec. 2108.106.  AWARD TO EMPLOYEES.  (a)  The commission
  555-7  shall award eligible employees of an agency or division an amount
  555-8  not to exceed 25 percent of the amount in the agency's or
  555-9  division's productivity bonus account.  The awarded amount shall be
 555-10  distributed in equal shares to the eligible current employees of
 555-11  the agency or division.  A bonus awarded to an individual employee
 555-12  may not exceed $1,000.
 555-13        (b)  An eligible employee who worked for less than the entire
 555-14  fiscal year or who worked part-time is entitled to a proportional
 555-15  share computed on the part of the fiscal year or the average part
 555-16  of the work week, as applicable, that the employee worked.
 555-17        (c)  An employee is eligible under this section if the
 555-18  employee:
 555-19              (1)  is an hourly, part-time, or temporary employee;
 555-20              (2)  is a classified employee under Chapter 654; or
 555-21              (3)  performs functions equivalent to functions
 555-22  performed by a classified employee in another state agency.
 555-23  (V.A.C.S. Art. 6252-29a, Sec. 3.007(b).)
 555-24        Sec. 2108.107.  AWARD TO STATE AGENCY OR DIVISION.  If the
 555-25  commission awards a productivity bonus to a state agency or
 555-26  division of a state agency, the balance in the agency's or
 555-27  division's productivity bonus account, as appropriate, shall be
  556-1  distributed as follows:
  556-2              (1)  one-third shall be appropriated to the agency for
  556-3  use by the agency's administration to promote agency productivity
  556-4  during the subsequent fiscal year; and
  556-5              (2)  two-thirds shall be credited to the fund from
  556-6  which the original agency or division appropriation was made.
  556-7  (V.A.C.S. Art. 6252-29a, Secs. 3.007(c), (d).)
  556-8        Sec. 2108.108.  DETERMINATION OF COST REDUCTION.  (a)  At the
  556-9  end of a fiscal year the commission shall compare the expenditures
 556-10  of a state agency or division that participates in the productivity
 556-11  bonus program for the fiscal year with the agency's or division's
 556-12  appropriation for that fiscal year or, if appropriate, the amount
 556-13  attributable to that year.  The commission shall determine the
 556-14  amount by which the agency or division has reduced its cost of
 556-15  operations during the fiscal year.
 556-16        (b)  The commission shall make any necessary adjustments in
 556-17  its determination to eliminate distortions.  The commission may
 556-18  consider legislative increases in employee compensation and
 556-19  inflationary increases in the cost of services, materials, and
 556-20  supplies.  (V.A.C.S. Art. 6252-29a, Sec. 3.006.)
 556-21        Sec. 2108.109.  PRODUCTIVITY BONUS FUND; AGENCY AND DIVISION
 556-22  ACCOUNTS.  (a)  The productivity bonus fund is in the state
 556-23  treasury.  Money in the fund may be used for payment of bonuses
 556-24  under this subchapter and may be appropriated only as provided by
 556-25  this subchapter.
 556-26        (b)  The state treasurer shall create in the productivity
 556-27  bonus fund a productivity bonus account for each state agency or
  557-1  division participating in the productivity bonus program and an
  557-2  account for the commission.
  557-3        (c)  During each fiscal year the executive director of an
  557-4  eligible agency shall monitor agency or division activities and
  557-5  estimate the savings resulting from increased economy and
  557-6  efficiency.  At the end of the fiscal year the executive director
  557-7  shall certify the amount of savings to the comptroller.  The
  557-8  comptroller shall transfer three-fourths of that amount from the
  557-9  appropriation of the state agency to the agency's or division's
 557-10  productivity bonus account and one-fourth of that amount from the
 557-11  appropriation of the state agency to the commission's account.
 557-12        (d)  The commission may use the amount in its account to
 557-13  administer this chapter.  (V.A.C.S. Art. 6252-29a, Sec. 3.005.)
 557-14        Sec. 2108.110.  LEGISLATIVE INTENT.  The legislature intends
 557-15  that a state agency or division that reduces its cost of operations
 557-16  and qualifies for a productivity bonus under this chapter may not
 557-17  be penalized for those savings through a corresponding reduction in
 557-18  appropriations for the subsequent fiscal biennium.  (V.A.C.S. Art.
 557-19  6252-29a, Sec. 3.007(e).)
 557-20                       CHAPTER 2109.  VOLUNTEERS
 557-21  Sec. 2109.001.  DEFINITIONS
 557-22  Sec. 2109.002.  USE OF VOLUNTEERS FOR HUMAN SERVICES
 557-23  Sec. 2109.003.  DEVELOPMENT OF PROGRAMS
 557-24  Sec. 2109.004.  PROGRAM REQUIREMENTS AND GUIDELINES
 557-25  Sec. 2109.005.  MERIT PAY; PERFORMANCE EVALUATIONS
 557-26  Sec. 2109.006.  STATE BUDGET RECOMMENDATIONS
 557-27                       CHAPTER 2109.  VOLUNTEERS
  558-1        Sec. 2109.001.  DEFINITIONS.  In this chapter:
  558-2              (1)  "Governmental entity" means a state agency or any
  558-3  other governmental entity supported in whole or in part by funds
  558-4  received from the state.
  558-5              (2)  "Human services" means providing for basic human
  558-6  mental or physical needs.  (V.A.C.S. Art. 6252-11e, Sec. 1; New.)
  558-7        Sec. 2109.002.  USE OF VOLUNTEERS FOR HUMAN SERVICES.  A
  558-8  governmental entity that provides human services shall use
  558-9  volunteers, if feasible, to assist in providing human services of a
 558-10  high quality.  (V.A.C.S. Art. 6252-11e, Sec. 2.)
 558-11        Sec. 2109.003.  DEVELOPMENT OF PROGRAMS.  (a)  Each
 558-12  governmental entity shall develop a volunteer program.
 558-13        (b)  In developing the program, the governmental entity shall
 558-14  consider volunteers a resource that requires advance planning and
 558-15  preparation for effective use.
 558-16        (c)  The governmental entity shall include, if practicable,
 558-17  volunteers in addition to paid staff in planning the implementation
 558-18  of the program.  (V.A.C.S. Art. 6252-11e, Secs. 3(a), (b), (c).)
 558-19        Sec. 2109.004.  PROGRAM REQUIREMENTS AND GUIDELINES.  (a)  A
 558-20  volunteer program must include:
 558-21              (1)  an effective training program for paid staff and
 558-22  prospective volunteers;
 558-23              (2)  the use of paid staff to plan and implement the
 558-24  volunteer program;
 558-25              (3)  an evaluation mechanism to assess:
 558-26                    (A)  the performance of the volunteers;
 558-27                    (B)  the cooperation of paid staff with the
  559-1  volunteers; and
  559-2                    (C)  the volunteer program; and
  559-3              (4)  follow-up studies to ensure the effectiveness of
  559-4  the volunteer program.
  559-5        (b)  A volunteer program may:
  559-6              (1)  establish a program to reimburse volunteers for
  559-7  actual and necessary expenses incurred in the performance of
  559-8  volunteer services;
  559-9              (2)  establish an insurance program to protect
 559-10  volunteers in the performance of volunteer services;
 559-11              (3)  cooperate with private organizations that provide
 559-12  services similar to those provided by the governmental entity; and
 559-13              (4)  purchase engraved certificates, plaques, pins, or
 559-14  awards of a similar nature, with a value that does not exceed $75
 559-15  for each volunteer, to recognize special achievement and
 559-16  outstanding services of volunteers.
 559-17        (c)  This section applies to a volunteer program of a
 559-18  governmental entity, regardless of whether the governmental entity
 559-19  provides human services.  (V.A.C.S. Art. 6252-11e, Secs. 4, 5.)
 559-20        Sec. 2109.005.  MERIT PAY; PERFORMANCE EVALUATIONS.  A
 559-21  governmental entity that has a volunteer program shall consider the
 559-22  use of volunteers in determining merit pay increases and
 559-23  performance evaluations.  (V.A.C.S. Art. 6252-11e, Sec. 3(d).)
 559-24        Sec. 2109.006.  STATE BUDGET RECOMMENDATIONS.  During the
 559-25  preparation of budget recommendations, the Legislative Budget Board
 559-26  shall review the use of funds requested for volunteer programs.
 559-27  (V.A.C.S. Art. 6252-11e, Sec. 3(e).)
  560-1            (Chapters 2110 to 2150 reserved for expansion)
  560-2          SUBTITLE D.  STATE PURCHASING AND GENERAL SERVICES
  560-3            (Chapters 2151 to 2200 reserved for expansion)
  560-4                   SUBTITLE E.  GOVERNMENT PROPERTY
  560-5                CHAPTER 2201.  TEXAS CAPITAL TRUST FUND
  560-6  Sec. 2201.001.  TEXAS CAPITAL TRUST FUND
  560-7  Sec. 2201.002.  USE OF FUND
  560-8  Sec. 2201.003.  RELATION TO GENERAL REVENUE FUND
  560-9                   SUBTITLE E.  GOVERNMENT PROPERTY
 560-10                CHAPTER 2201.  TEXAS CAPITAL TRUST FUND
 560-11        Sec. 2201.001.  TEXAS CAPITAL TRUST FUND.  The Texas capital
 560-12  trust fund is in the state treasury.  (V.A.C.S. Art. 601e, Sec. 1
 560-13  (part).)
 560-14        Sec. 2201.002.  USE OF FUND.  (a)  The fund may be used only
 560-15  to finance:
 560-16              (1)  the acquisition, construction, repair,
 560-17  improvement, or equipping of a building by a state agency for a
 560-18  state purpose;
 560-19              (2)  the acquisition of real or personal property
 560-20  necessary for a state agency to take an action described by
 560-21  Subdivision (1); or
 560-22              (3)  the administration of the asset management
 560-23  division of the General Land Office.
 560-24        (b)  The fund may not be used to pay for an activity of:
 560-25              (1)  the Texas Department of Transportation;
 560-26              (2)  an institution of higher education as defined by
 560-27  Section 61.003, Education Code;
  561-1              (3)  the Texas State Technical College System;
  561-2              (4)  the Southwest Collegiate Institute for the Deaf;
  561-3              (5)  the Employees Retirement System of Texas; or
  561-4              (6)  the Teacher Retirement System of Texas.  (V.A.C.S.
  561-5  Art. 601e, Secs. 1 (part), 2.)
  561-6        Sec. 2201.003.  RELATION TO GENERAL REVENUE FUND.
  561-7  (a)  Income from the fund shall be deposited to the credit of the
  561-8  general revenue fund.
  561-9        (b)  At the end of each fiscal biennium the unencumbered
 561-10  balance of the fund in excess of $500 million shall be transferred
 561-11  to the credit of the general revenue fund.  (V.A.C.S. Art. 601e,
 561-12  Sec. 3.)
 561-13             CHAPTER 2202.  TEXAS SURPLUS PROPERTY AGENCY
 561-14                   SUBCHAPTER A.  GENERAL PROVISIONS
 561-15  Sec. 2202.001.  DEFINITIONS
 561-16  Sec. 2202.002.  SUNSET PROVISION
 561-17        (Sections 2202.003 to 2202.020 reserved for expansion)
 561-18               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
 561-19  Sec. 2202.021.  COMPOSITION OF AGENCY
 561-20  Sec. 2202.022.  COMPOSITION OF BOARD
 561-21  Sec. 2202.023.  APPOINTMENTS
 561-22  Sec. 2202.024.  ELIGIBILITY
 561-23  Sec. 2202.025.  CONFLICTS OF INTEREST
 561-24  Sec. 2202.026.  INFORMATION ABOUT QUALIFICATIONS AND
 561-25                    STANDARDS OF CONDUCT
 561-26  Sec. 2202.027.  REMOVAL OF BOARD MEMBERS
 561-27  Sec. 2202.028.  TERMS
  562-1  Sec. 2202.029.  VACANCY
  562-2  Sec. 2202.030.  PRESIDING OFFICER; MEETINGS
  562-3  Sec. 2202.031.  PER DIEM; REIMBURSEMENT FOR EXPENSES
  562-4  Sec. 2202.032.  ADVISORY BOARDS OR COMMITTEES
  562-5  Sec. 2202.033.  PUBLIC INTEREST INFORMATION AND COMPLAINTS
  562-6  Sec. 2202.034.  PUBLIC ACCESS AND TESTIMONY
  562-7  Sec. 2202.035.  ANNUAL REPORT
  562-8        (Sections 2202.036 to 2202.040 reserved for expansion)
  562-9                       SUBCHAPTER C.  PERSONNEL
 562-10  Sec. 2202.041.  EXECUTIVE DIRECTOR
 562-11  Sec. 2202.042.  GENERAL POWERS AND DUTIES OF
 562-12                    EXECUTIVE DIRECTOR
 562-13  Sec. 2202.043.  PERSONNEL
 562-14  Sec. 2202.044.  MERIT PAY
 562-15  Sec. 2202.045.  CAREER LADDER
 562-16  Sec. 2202.046.  BOND ON CERTAIN EMPLOYEES
 562-17  Sec. 2202.047.  EQUAL EMPLOYMENT OPPORTUNITY POLICY
 562-18        (Sections 2202.048 to 2202.060 reserved for expansion)
 562-19              SUBCHAPTER D.  POWERS AND DUTIES OF AGENCY
 562-20  Sec. 2202.061.  GENERAL POWERS AND DUTIES OF AGENCY
 562-21  Sec. 2202.062.  CONTRACTS
 562-22  Sec. 2202.063.  INFORMATION CLEARINGHOUSE
 562-23  Sec. 2202.064.  ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
 562-24                    PAYMENTS
 562-25  Sec. 2202.065.  CHARGES
 562-26  Sec. 2202.066.  FUND
 562-27        (Sections 2202.067 to 2202.080 reserved for expansion)
  563-1            SUBCHAPTER E.  FEDERAL PROPERTY ADMINISTRATION
  563-2  Sec. 2202.081.  DESIGNATED AGENCY
  563-3  Sec. 2202.082.  ACQUISITION, WAREHOUSING, AND DISTRIBUTION
  563-4                    OF FEDERAL PROPERTY
  563-5  Sec. 2202.083.  FEDERAL SURPLUS REAL PROPERTY
  563-6             CHAPTER 2202.  TEXAS SURPLUS PROPERTY AGENCY
  563-7                   SUBCHAPTER A.  GENERAL PROVISIONS
  563-8        Sec. 2202.001.  DEFINITIONS.  In this chapter:
  563-9              (1)  "Agency" means the Texas Surplus Property Agency.
 563-10              (2)  "Board" means the governing board of the Texas
 563-11  Surplus Property Agency.
 563-12              (3)  "Federal Property and Administrative Services Act"
 563-13  means the Federal Property and Administrative Services Act of 1949
 563-14  (40 U.S.C. Section 484).  (New.)
 563-15        Sec. 2202.002.  SUNSET PROVISION.  The Texas Surplus Property
 563-16  Agency is subject to Chapter 325 (Texas Sunset Act).  Unless
 563-17  continued in existence as provided by that chapter, the agency is
 563-18  abolished and this chapter expires September 1, 2001.  (V.A.C.S.
 563-19  Art. 6252-6b, Sec. 1a.)
 563-20        (Sections 2202.003 to 2202.020 reserved for expansion)
 563-21               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
 563-22        Sec. 2202.021.  COMPOSITION OF AGENCY.  The agency is
 563-23  composed of:
 563-24              (1)  the board;
 563-25              (2)  an executive director; and
 563-26              (3)  other officers and employees required to carry out
 563-27  this chapter effectively.  (V.A.C.S. Art. 6252-6b, Sec. 1(a).)
  564-1        Sec. 2202.022.  COMPOSITION OF BOARD.  The board is composed
  564-2  of:
  564-3              (1)  the presiding officer of the General Services
  564-4  Commission or the officer's designated representative; and
  564-5              (2)  nine representatives of the public appointed by
  564-6  the governor with the advice and consent of the senate.  (V.A.C.S.
  564-7  Art. 6252-6b, Sec. 1(b) (part).)
  564-8        Sec. 2202.023.  APPOINTMENTS.  Appointments to the board
  564-9  shall be made without regard to the race, color, disability, sex,
 564-10  religion, age, or national origin of the appointees.  (V.A.C.S.
 564-11  Art. 6252-6b, Sec. 1(b) (part).)
 564-12        Sec. 2202.024.  ELIGIBILITY.  (a)  An individual appointed to
 564-13  the board must be an outstanding resident of this state who is
 564-14  knowledgeable in property management.
 564-15        (b)  An individual is not eligible for appointment as a
 564-16  public member of the board if the individual or the individual's
 564-17  spouse:
 564-18              (1)  is employed by or participates in the management
 564-19  of a business entity or other organization that receives property
 564-20  from the agency;
 564-21              (2)  owns or controls, directly or indirectly, more
 564-22  than a 10 percent interest in an organization that receives
 564-23  property from the agency; or
 564-24              (3)  uses or receives a substantial amount of tangible
 564-25  goods, services, or funds from the agency, other than compensation
 564-26  or reimbursement authorized by law for board membership,
 564-27  attendance, or expenses.
  565-1        (c)  A nonelective state officer or employee may be appointed
  565-2  to the board if serving as a board member does not conflict with
  565-3  holding the original office or position for which the officer or
  565-4  employee receives compensation.  (V.A.C.S. Art. 6252-6b, Secs. 1(b)
  565-5  (part), (d), (f).)
  565-6        Sec. 2202.025.  CONFLICTS OF INTEREST.  (a)  An individual
  565-7  may not serve as a member of the board or act as the general
  565-8  counsel to the board if the individual is required to register as a
  565-9  lobbyist under Chapter 305 because of the individual's activities
 565-10  for compensation on behalf of a profession related to the operation
 565-11  of the board.
 565-12        (b)  An officer, employee, or paid consultant of a Texas
 565-13  trade association in surplus property management may not be a board
 565-14  member or an agency employee who is exempt from the state's
 565-15  position classification plan or is compensated at or above the
 565-16  amount prescribed by the General Appropriations Act for step 1,
 565-17  salary group 17, of the position classification salary schedule.
 565-18        (c)  An individual who is the spouse of an officer, manager,
 565-19  or paid consultant of a Texas trade association in surplus property
 565-20  management may not be a board member and may not be an agency
 565-21  employee who is exempt from the state's position classification
 565-22  plan or is compensated at or above the amount prescribed by the
 565-23  General Appropriations Act for step 1, salary group 17, of the
 565-24  position classification salary schedule.
 565-25        (d)  For the purposes of this section, a Texas trade
 565-26  association is a nonprofit, cooperative, and voluntarily joined
 565-27  association of business or professional competitors in this state
  566-1  designed to assist its members and its industry or profession in
  566-2  dealing with mutual business or professional problems and in
  566-3  promoting their common interest.  (V.A.C.S. Art. 6252-6b, Sec. 1b.)
  566-4        Sec. 2202.026.  INFORMATION ABOUT QUALIFICATIONS AND
  566-5  STANDARDS OF CONDUCT.  The board shall provide to its members and
  566-6  agency employees, as often as necessary, information regarding
  566-7  their qualifications for office or employment under this chapter
  566-8  and their responsibilities under applicable laws relating to
  566-9  standards of conduct for state officers or employees.  (V.A.C.S.
 566-10  Art. 6252-6b, Sec. 3a(c).)
 566-11        Sec. 2202.027.  REMOVAL OF BOARD MEMBERS.  (a)  It is a
 566-12  ground for removal of an appointed member from the board if the
 566-13  member:
 566-14              (1)  does not have at the time of appointment the
 566-15  qualifications required by Section 2202.024(b);
 566-16              (2)  does not maintain during service on the board the
 566-17  qualifications required by Section 2202.024(b);
 566-18              (3)  violates a prohibition established by Section
 566-19  2202.025;
 566-20              (4)  cannot discharge because of illness or disability
 566-21  the member's duties for a substantial part of the term for which
 566-22  the member is appointed; or
 566-23              (5)  is absent from more than half of the regularly
 566-24  scheduled board meetings that the member is eligible to attend
 566-25  during a calendar year unless the absence is excused by majority
 566-26  vote of the board.
 566-27        (b)  The validity of an action of the board is not affected
  567-1  by the fact that it is taken when a ground for removal of a board
  567-2  member exists.
  567-3        (c)  If the executive director has knowledge that a potential
  567-4  ground for removal exists, the executive director shall notify the
  567-5  presiding officer of the board of the ground.  The presiding
  567-6  officer shall then notify the governor that a potential ground for
  567-7  removal exists.  (V.A.C.S. Art. 6252-6b, Sec. 1c.)
  567-8        Sec. 2202.028.  TERMS.  Public board members serve for
  567-9  staggered six-year terms with the terms of three members expiring
 567-10  February 1 of each odd-numbered year.  (V.A.C.S. Art. 6252-6b,
 567-11  Sec. 1(c) (part).)
 567-12        Sec. 2202.029.  VACANCY.  The governor by appointment shall
 567-13  fill the unexpired term of a vacancy on the board.  (V.A.C.S.
 567-14  Art. 6252-6b, Sec. 1(c) (part).)
 567-15        Sec. 2202.030.  PRESIDING OFFICER; MEETINGS.  (a)  The
 567-16  governor shall designate a board member as presiding officer to
 567-17  serve in that position at the pleasure of the governor.
 567-18        (b)  The board shall meet quarterly in regular session and at
 567-19  other times at the call of the presiding officer when necessary to
 567-20  transact agency business.  (V.A.C.S. Art. 6252-6b, Secs. 1(e),
 567-21  (g).)
 567-22        Sec. 2202.031.  PER DIEM; REIMBURSEMENT FOR EXPENSES.  A
 567-23  board member is entitled to receive per diem compensation for each
 567-24  day the member performs an official duty and reimbursement for
 567-25  actual and necessary expenses incurred in discharging an official
 567-26  duty, as provided by the General Appropriations Act.  (V.A.C.S.
 567-27  Art. 6252-6b, Sec. 1(h).)
  568-1        Sec. 2202.032.  ADVISORY BOARDS OR COMMITTEES.  The agency
  568-2  may appoint advisory boards and committees necessary and suitable
  568-3  to administer this chapter.  (V.A.C.S. Art. 6252-6b, Sec. 4(i)
  568-4  (part).)
  568-5        Sec. 2202.033.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
  568-6  (a)  The board shall prepare information of public interest
  568-7  describing the functions of the board and the agency and the
  568-8  board's procedures by which complaints are filed with and resolved
  568-9  by the board.  The board shall make the information available to
 568-10  the public and appropriate state agencies.
 568-11        (b)  The board by rule shall establish methods by which
 568-12  consumers and service recipients are notified of the name, mailing
 568-13  address, and telephone number of the agency for directing
 568-14  complaints to the board.
 568-15        (c)  The agency shall keep an information file about each
 568-16  complaint filed with the agency that the agency has authority to
 568-17  resolve.
 568-18        (d)  If a written complaint is filed with the agency that the
 568-19  agency has authority to resolve, the agency, at least quarterly and
 568-20  until the final disposition of the complaint, shall notify parties
 568-21  to the complaint of the status of the complaint unless the notice
 568-22  would jeopardize an undercover investigation.  (V.A.C.S. Art.
 568-23  6252-6b, Secs. 3c(a), (b); 3d.)
 568-24        Sec. 2202.034.  PUBLIC ACCESS AND TESTIMONY.  (a)  The agency
 568-25  shall prepare and maintain a written plan that describes how an
 568-26  individual who does not speak English or who has a physical,
 568-27  mental, or developmental disability can be provided reasonable
  569-1  access to the agency's programs.
  569-2        (b)  The board shall develop and implement policies that
  569-3  provide the public with a reasonable opportunity to appear before
  569-4  the board and to speak on any issue under the jurisdiction of the
  569-5  board.  (V.A.C.S. Art. 6252-6b, Secs. 3c(c), (d).)
  569-6        Sec. 2202.035.  ANNUAL REPORT.  (a)  The board shall file
  569-7  annually with the governor and the presiding officer of each house
  569-8  of the legislature a complete and detailed written report
  569-9  accounting for all funds received and disbursed by the agency
 569-10  during the preceding fiscal year.
 569-11        (b)  The annual report must be in the form and be reported in
 569-12  the time provided by the General Appropriations Act.  (V.A.C.S.
 569-13  Art. 6252-6b, Sec. 3b.)
 569-14        (Sections 2202.036 to 2202.040 reserved for expansion)
 569-15                       SUBCHAPTER C.  PERSONNEL
 569-16        Sec. 2202.041.  EXECUTIVE DIRECTOR.  (a)  The board shall
 569-17  appoint the executive director, to be selected according to
 569-18  education, training, experience, and demonstrated ability.
 569-19        (b)  The executive director serves at the pleasure of the
 569-20  board.
 569-21        (c)  The executive director shall act as the board's
 569-22  secretary and the agency's chief administrative officer.
 569-23        (d)  The executive director shall administer this chapter
 569-24  under operational policies established by the board.  (V.A.C.S.
 569-25  Art. 6252-6b, Sec. 2.)
 569-26        Sec. 2202.042.  GENERAL POWERS AND DUTIES OF EXECUTIVE
 569-27  DIRECTOR.  (a)  The executive director, with board approval, shall:
  570-1              (1)  adopt rules governing the protection of records
  570-2  and confidential information;
  570-3              (2)  adopt rules establishing an accounting system to
  570-4  accurately reflect the agency's financial transactions;
  570-5              (3)  adopt other rules the director finds necessary to
  570-6  administer this chapter;
  570-7              (4)  make long-range and intermediate plans for the
  570-8  scope and development of surplus property management;
  570-9              (5)  make decisions relating to the allocation of
 570-10  resources in administering those plans; and
 570-11              (6)  establish appropriate subordinate administrative
 570-12  units.
 570-13        (b)  The executive director shall:
 570-14              (1)  appoint personnel, according to personnel policies
 570-15  adopted by the board, the director considers necessary for the
 570-16  efficient performance of the agency's functions;
 570-17              (2)  prepare and submit to the governor an annual
 570-18  report of activities and expenditures;
 570-19              (3)  certify for disbursement, in accordance with
 570-20  rules, funds available to administer this chapter; and
 570-21              (4)  take other action the director considers necessary
 570-22  or appropriate to administer this chapter.
 570-23        (c)  The executive director, with board approval, may
 570-24  delegate to an officer or employee of the agency a power or duty of
 570-25  the executive director, other than rule making and appointing
 570-26  personnel, that the director finds necessary to administer this
 570-27  chapter.  (V.A.C.S. Art. 6252-6b, Secs. 3(a) (part), (b), (c), (d),
  571-1  (e), (f), (g), (h).)
  571-2        Sec. 2202.043.  PERSONNEL.  (a)  The agency may employ,
  571-3  compensate, and prescribe the duties of personnel, other than
  571-4  members of advisory boards and committees, necessary and suitable
  571-5  to administer this chapter.
  571-6        (b)  The executive director, with board approval, by rule
  571-7  shall adopt personnel standards.
  571-8        (c)  A personnel position may only be filled by an individual
  571-9  selected and appointed on a nonpartisan merit basis.
 571-10        (d)  The board shall develop and implement policies that
 571-11  clearly define the respective responsibilities of the board and the
 571-12  staff of the agency.  (V.A.C.S. Art. 6252-6b, Secs. 3(a) (part);
 571-13  3a(d); 4(i) (part).)
 571-14        Sec. 2202.044.  MERIT PAY.  The executive director or the
 571-15  executive director's designated representative shall develop a
 571-16  system of annual performance evaluations.  All merit pay for agency
 571-17  employees must be given under the system established under this
 571-18  section.  (V.A.C.S. Art. 6252-6b, Sec. 3a(a).)
 571-19        Sec. 2202.045.  CAREER LADDER.  The executive director or the
 571-20  executive director's designated representative shall develop an
 571-21  intraagency career ladder program.  The program shall require
 571-22  intraagency postings of all non-entry-level positions concurrently
 571-23  with any public posting.  (V.A.C.S. Art. 6252-6b, Sec. 3a(b).)
 571-24        Sec. 2202.046.  BOND ON CERTAIN EMPLOYEES.  The executive
 571-25  director may bond an agency employee who handles money, signs
 571-26  checks, or receives or distributes property under this chapter.
 571-27  (V.A.C.S. Art. 6252-6b, Sec. 3(i).)
  572-1        Sec. 2202.047.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.
  572-2  (a)  The executive director or the executive director's  designated
  572-3  representative shall prepare and maintain a written policy
  572-4  statement to assure implementation of a program of equal employment
  572-5  opportunity under which all personnel transactions are made without
  572-6  regard to race, color, disability, sex, religion, age, or national
  572-7  origin.  The policy statement must include:
  572-8              (1)  personnel policies, including policies relating to
  572-9  recruitment, evaluation, selection, appointment, training, and
 572-10  promotion of personnel;
 572-11              (2)  a comprehensive analysis of the agency's work
 572-12  force that meets state and federal guidelines;
 572-13              (3)  procedures by which a determination can be made of
 572-14  significant underuse in the agency work force of all persons for
 572-15  whom state or federal guidelines encourage a more equitable
 572-16  balance; and
 572-17              (4)  reasonable methods to appropriately address those
 572-18  areas of significant underuse.
 572-19        (b)  A policy statement prepared under Subsection (a) must
 572-20  cover an annual period, be updated at least annually, and be filed
 572-21  with the governor's office.
 572-22        (c)  The governor's office shall deliver a biennial report to
 572-23  the legislature based on the information received under Subsection
 572-24  (b).  The report may be  made separately or as a part of other
 572-25  biennial reports made to the legislature.  (V.A.C.S. Art. 6252-6b,
 572-26  Secs. 3a(e), (f), (g).)
 572-27        (Sections 2202.048 to 2202.060 reserved for expansion)
  573-1              SUBCHAPTER D.  POWERS AND DUTIES OF AGENCY
  573-2        Sec. 2202.061.  GENERAL POWERS AND DUTIES OF AGENCY.
  573-3  (a)  The agency shall:
  573-4              (1)  file a state plan of operation that complies with
  573-5  federal law and operate in accordance with the plan;
  573-6              (2)  take necessary action to meet the minimum
  573-7  standards for a state agency in accordance with the Federal
  573-8  Property and Administrative Services Act; and
  573-9              (3)  cooperate to the fullest extent consistent with
 573-10  this chapter.
 573-11        (b)  The agency may:
 573-12              (1)  make the necessary certifications and undertake
 573-13  necessary action, including an investigation;
 573-14              (2)  make expenditures or reports that may be required
 573-15  by federal law or regulation or that are otherwise necessary to
 573-16  provide for the proper and efficient management of the agency's
 573-17  functions;
 573-18              (3)  provide information and reports relating to the
 573-19  agency's activities that may be required by a federal agency or
 573-20  department; and
 573-21              (4)  adopt rules necessary for the efficient operation
 573-22  of its activities or as may be required by federal law or
 573-23  regulation.  (V.A.C.S. Art. 6252-6b, Secs. 4(e), (f), (k).)
 573-24        Sec. 2202.062.  CONTRACTS.  (a)  The agency may enter into
 573-25  agreements, including:
 573-26              (1)  a cooperative agreement with a federal agency
 573-27  under Section 484(n) of the Federal Property and Administrative
  574-1  Services Act;
  574-2              (2)  an agreement with a state agency for surplus
  574-3  property of a state agency that will promote the administration of
  574-4  the Texas Surplus Property Agency's functions; or
  574-5              (3)  an agreement with a group or association of state
  574-6  agencies for surplus property that will promote the administration
  574-7  of the Texas Surplus Property Agency's functions.
  574-8        (b)  Articles 8 and 9 of the State Purchasing and General
  574-9  Services Act (Article 601b, Vernon's Texas Civil Statutes),
 574-10  relating to the responsibility and accounting for state property,
 574-11  do not apply to the agency in the acquisition or disposition of
 574-12  federal surplus property.  (V.A.C.S. Art. 6252-6b, Sec. 4(g).)
 574-13        Sec. 2202.063.  INFORMATION CLEARINGHOUSE.  (a)  The agency
 574-14  may act as an information clearinghouse for an entity or
 574-15  institution that may be eligible to acquire federal surplus
 574-16  property.
 574-17        (b)  The agency may assist, as necessary, the entity or
 574-18  institution obtaining federal surplus property.  (V.A.C.S. Art.
 574-19  6252-6b, Sec. 4(j).)
 574-20        Sec. 2202.064.  ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
 574-21  PAYMENTS.  The agency may:
 574-22              (1)  acquire and hold title or make capital
 574-23  improvements to real property, in accordance with Section 2202.065;
 574-24  or
 574-25              (2)  make an advance payment of rent for a distribution
 574-26  center, office space, or another facility that is required to carry
 574-27  out the agency's functions under this chapter.  (V.A.C.S. Art.
  575-1  6252-6b, Sec. 4(h).)
  575-2        Sec. 2202.065.  CHARGES.  (a)  The agency may collect a
  575-3  service charge for the agency's acquisition, warehousing,
  575-4  distribution, or transfer of property.
  575-5        (b)  The agency may not collect a charge for real property in
  575-6  an amount that is greater than the reasonable administrative cost
  575-7  the agency incurs in transferring the property.  (V.A.C.S. Art.
  575-8  6252-6b, Sec. 4(l) (part).)
  575-9        Sec. 2202.066.  FUND.  (a)  A charge collected under Section
 575-10  2202.065 shall be deposited in the state treasury to the credit of
 575-11  the surplus property service charge fund, and income earned on
 575-12  money in the surplus property service charge fund shall be credited
 575-13  to that fund.
 575-14        (b)  Money in the fund may be used only to carry out the
 575-15  functions of the agency.  (V.A.C.S. Art. 6252-6b, Secs. 4(l)
 575-16  (part), (m).)
 575-17        (Sections 2202.067 to 2202.080 reserved for expansion)
 575-18            SUBCHAPTER E.  FEDERAL PROPERTY ADMINISTRATION
 575-19        Sec. 2202.081.  DESIGNATED AGENCY.  The agency is the
 575-20  designated state agency under Section 484(j) of the Federal
 575-21  Property and Administrative Services Act.  (V.A.C.S. Art. 6252-6b,
 575-22  Sec. 4(a).)
 575-23        Sec. 2202.082.  ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF
 575-24  FEDERAL PROPERTY.  The agency may:
 575-25              (1)  acquire and warehouse federal property allocated
 575-26  to the agency under the Federal Property and Administrative
 575-27  Services Act; and
  576-1              (2)  distribute the property to an entity or
  576-2  institution that meets the qualifications for eligibility for the
  576-3  property under the Federal Property and Administrative Services
  576-4  Act.  (V.A.C.S. Art. 6252-6b, Sec. 4(b).)
  576-5        Sec. 2202.083.  FEDERAL SURPLUS REAL PROPERTY.  The agency
  576-6  may:
  576-7              (1)  disseminate information and assist a potential
  576-8  applicant regarding the availability of federal surplus real
  576-9  property;
 576-10              (2)  assist in the processing of an application for
 576-11  acquisition of federal real property and related personal property
 576-12  under Section 484(k) of the Federal Property and Administrative
 576-13  Services Act;
 576-14              (3)  assist in assuring use of the property; and
 576-15              (4)  engage in an activity relating to the use of
 576-16  federal surplus property by another state agency, institution, or
 576-17  organization engaging in or receiving assistance under a federal
 576-18  program.  (V.A.C.S. Art. 6252-6b, Secs. 4(c), (d).)
 576-19                 CHAPTER 2203.  USE OF STATE PROPERTY
 576-20  Sec. 2203.001.  REPORTING USE OF STATE VEHICLE; PENALTIES
 576-21  Sec. 2203.002.  STATE POSTAGE METERS
 576-22  Sec. 2203.003.  STATE PROPERTY UNDER CONTROL OF THE DAUGHTERS OF
 576-23                    THE CONFEDERACY, TEXAS DIVISION, AND THE
 576-24                    DAUGHTERS OF THE REPUBLIC OF TEXAS
 576-25                 CHAPTER 2203.  USE OF STATE PROPERTY
 576-26        Sec. 2203.001.  REPORTING USE OF STATE VEHICLE; PENALTIES.
 576-27  (a)  A person who uses a state-owned automobile or truck shall, for
  577-1  each day that the vehicle is used, submit a separate written report
  577-2  of the use to the head of the state agency, including a department,
  577-3  institution, board, or commission of the state, in charge of the
  577-4  vehicle.
  577-5        (b)  The report must be made daily on a form prescribed by
  577-6  the comptroller.
  577-7        (c)  A report filed under this section must show:
  577-8              (1)  the purpose for which the vehicle was used;
  577-9              (2)  the mileage traveled;
 577-10              (3)  the amounts of gasoline and oil consumed;
 577-11              (4)  the passengers carried; and
 577-12              (5)  other information necessary to a proper record of
 577-13  the use of the vehicle.
 577-14        (d)  A report filed under this section is an official state
 577-15  record and is subject to inspection by a state official who is
 577-16  authorized to audit or inspect claims, accounts, or records of a
 577-17  state agency.
 577-18        (e)  A person commits an offense if the person does not file
 577-19  a report as required by this section on or before the 10th day
 577-20  after the date on which the person uses the vehicle.  An offense
 577-21  under this subsection is punishable by a fine of not less than $5
 577-22  nor more than $100.  (V.A.C.S. Art. 6252-21, Secs. 1, 2.)
 577-23        Sec. 2203.002.  STATE POSTAGE METERS.  (a)  A state
 577-24  department, board, commission, or educational institution that
 577-25  installs a postage meter shall place on the machine an imprint
 577-26  plate stating that:
 577-27              (1)  the mail carried by the postage is official state
  578-1  mail; and
  578-2              (2)  there is a penalty for the unlawful use of the
  578-3  postage meter for a private purpose.
  578-4        (b)  A state department, board, commission, or educational
  578-5  institution shall pay for the imprint plate and its installation
  578-6  from the state department's, board's, commission's, or educational
  578-7  institution's appropriation for postage and contingent expenses.
  578-8  (V.A.C.S. Art. 6252-22.)
  578-9        Sec. 2203.003.  STATE PROPERTY UNDER CONTROL OF THE DAUGHTERS
 578-10  OF THE CONFEDERACY, TEXAS DIVISION, AND THE DAUGHTERS OF THE
 578-11  REPUBLIC OF TEXAS.  (a)  The Daughters of the Confederacy, Texas
 578-12  Division, and the Daughters of the Republic of Texas each may
 578-13  charge admission to state property over which each organization has
 578-14  custody or control.  This subsection does not apply to the Alamo.
 578-15        (b)  An organization that charges admission under this
 578-16  section shall set the fee in an amount that it determines serves
 578-17  the best interest of the state and the public.
 578-18        (c)  The organization may maintain and operate, or may
 578-19  contract with another person for the operation of, a concession on
 578-20  state property under its control.  The concession may be operated
 578-21  in any manner the organization considers necessary for the best
 578-22  interest of the state and the public.
 578-23        (d)  The organization shall hold separately in trust all
 578-24  admission fees and profits from the operation of concessions at
 578-25  each property.  The money may be spent only to maintain and repair
 578-26  the state property and furnishings at the property at which the
 578-27  money is received.  (V.A.C.S. Art. 601h.)
  579-1   CHAPTER 2204.  ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
  579-2              SUBCHAPTER A.  ACQUISITION OF LAND BY STATE
  579-3  Sec. 2204.001.  ACQUISITION OF LAND BY STATE
  579-4        (Sections 2204.002 to 2204.100 reserved for expansion)
  579-5     SUBCHAPTER B.  GENERAL PROVISIONS FOR ACQUISITION OF LAND AND
  579-6                JURISDICTION OVER LAND BY UNITED STATES
  579-7  Sec. 2204.101.  CONSENT TO UNITED STATES TO ACQUIRE LAND
  579-8  Sec. 2204.102.  SALE OF STATE LAND TO UNITED STATES
  579-9  Sec. 2204.103.  CESSION OF JURISDICTION TO UNITED STATES
 579-10        (Sections 2204.104 to 2204.200 reserved for expansion)
 579-11            SUBCHAPTER C.  CONVEYANCE OF STATE HIGHWAY LAND
 579-12                TO UNITED STATES FOR MILITARY PURPOSES
 579-13  Sec. 2204.201.  APPLICATION OF SUBCHAPTER
 579-14  Sec. 2204.202.  CONVEYANCE TO UNITED STATES
 579-15  Sec. 2204.203.  FEE SIMPLE NOT OWNED BY STATE
 579-16        (Sections 2204.204 to 2204.300 reserved for expansion)
 579-17    SUBCHAPTER D.  STATE GRANTS TO UNITED STATES FOR FLOOD CONTROL
 579-18      IN BED AND BANKS OF PECOS AND DEVILS RIVERS AND RIO GRANDE
 579-19  Sec. 2204.301.  GRANT TO UNITED STATES
 579-20  Sec. 2204.302.  APPLICATION BY UNITED STATES
 579-21  Sec. 2204.303.  MINERAL RESERVATION REQUIRED
 579-22  Sec. 2204.304.  REVERSION TO STATE ON NONUSE
 579-23  Sec. 2204.305.  PRIVATE PROPERTY RIGHTS NOT AFFECTED
 579-24        (Sections 2204.306 to 2204.400 reserved for expansion)
 579-25   SUBCHAPTER E.  STATE GRANTS TO UNITED STATES IN BED AND BANKS OF
 579-26                RIO GRANDE TO IMPLEMENT BOUNDARY TREATY
 579-27  Sec. 2204.401.  GRANT TO UNITED STATES
  580-1  Sec. 2204.402.  APPLICATION BY UNITED STATES
  580-2  Sec. 2204.403.  MINERAL RESERVATION REQUIRED
  580-3  Sec. 2204.404.  PRIVATE PROPERTY RIGHTS NOT AFFECTED
  580-4        (Sections 2204.405 to 2204.500 reserved for expansion)
  580-5         SUBCHAPTER F.  CONSENT TO FEDERAL ACQUISITION OF LAND
  580-6                FOR FLOOD CONTROL IN TRINITY WATERSHED
  580-7  Sec. 2204.501.  APPLICATION OF SUBCHAPTER
  580-8  Sec. 2204.502.  CONSENT OF STATE
  580-9  Sec. 2204.503.  CERTAIN RESERVATIONS PERMITTED
 580-10  Sec. 2204.504.  PAYMENTS IN LIEU OF TAXES
 580-11  Sec. 2204.505.  CONCURRENT JURISDICTION RETAINED FOR
 580-12                    CERTAIN PURPOSES
 580-13   CHAPTER 2204.  ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
 580-14              SUBCHAPTER A.  ACQUISITION OF LAND BY STATE
 580-15        Sec. 2204.001.  ACQUISITION OF LAND BY STATE.  (a)  The
 580-16  governor may purchase land or the right to use land that is
 580-17  required by this state for any type of public use.
 580-18        (b)  If the governor fails to agree with the owner of the
 580-19  land on the price for the land or the use of the land, the land may
 580-20  be condemned for public use in the name of this state.  On the
 580-21  direction of the governor, condemnation proceedings shall be
 580-22  instituted against the owner of the land by the attorney general or
 580-23  the district or county attorney acting under the direction of the
 580-24  attorney general.
 580-25        (c)  If the governor determines that the amount of damages
 580-26  awarded in the condemnation proceedings under Subsection (b) is
 580-27  excessive, the state may not pay the damages.  In that event, the
  581-1  state shall pay the costs of the proceedings and may not take
  581-2  further action.  (V.A.C.S. Art. 5240.)
  581-3        (Sections 2204.002 to 2204.100 reserved for expansion)
  581-4       SUBCHAPTER B.  GENERAL PROVISIONS FOR ACQUISITION OF LAND
  581-5              AND JURISDICTION OVER LAND BY UNITED STATES
  581-6        Sec. 2204.101.  CONSENT TO UNITED STATES TO ACQUIRE LAND.
  581-7  (a)  The legislature consents to the purchase or acquisition by the
  581-8  United States, including acquisition by condemnation, of land in
  581-9  this state made in accordance with this subchapter.
 581-10        (b)  The United States may purchase, acquire, hold, own,
 581-11  occupy, and possess land in this state that it considers expedient
 581-12  and that it seeks to occupy as a site:
 581-13              (1)  on which to erect and maintain a lighthouse, fort,
 581-14  military station, magazine, arsenal, dockyard, customhouse, post
 581-15  office, or other necessary public building; or
 581-16              (2)  for erecting a lock or dam, straightening a stream
 581-17  by making a cutoff, building a levee, or erecting any other
 581-18  structure or improvement that may become necessary for developing
 581-19  or improving a waterway, river, or harbor of this state.
 581-20        (c)  During condemnation proceedings for the acquisition of
 581-21  land by the United States under this section, the United States may
 581-22  occupy the land and construct improvements on the land immediately
 581-23  on the filing of the award of the condemnation commissioners with
 581-24  the condemnation court, without awaiting the decision of the court,
 581-25  if the United States deposits an amount equal to the amount of the
 581-26  award of the commissioners plus the amount of all costs adjudged
 581-27  against the United States.  (V.A.C.S. Arts. 5242, 5243, 5244.)
  582-1        Sec. 2204.102.  SALE OF STATE LAND TO UNITED STATES.
  582-2  (a)  The governor may sell to the United States land owned by this
  582-3  state that the United States desires to acquire for a purpose
  582-4  specified by Section 2204.101.
  582-5        (b)  On payment of the purchase money for the land into the
  582-6  state treasury, the land commissioner, on the order of the
  582-7  governor, shall issue a patent for that land to the United States
  582-8  in the same manner that other patents are issued.  (V.A.C.S. Art.
  582-9  5245.)
 582-10        Sec. 2204.103.  CESSION OF JURISDICTION TO UNITED STATES.
 582-11  (a)  On written application of the United States to the governor,
 582-12  the governor, in the name and on behalf of this state, may cede to
 582-13  the United States exclusive jurisdiction, subject to Subsection
 582-14  (c), over land acquired by the United States under this subchapter
 582-15  over which the United States desires to acquire constitutional
 582-16  jurisdiction for a purpose provided by Section 2204.101.
 582-17        (b)  An application for cession must be:
 582-18              (1)  accompanied by proper evidence of the acquisition
 582-19  of the land;
 582-20              (2)  authenticated and recorded; and
 582-21              (3)  include or have attached an accurate description
 582-22  by metes and bounds of the land for which cession is sought.
 582-23        (c)  A cession of jurisdiction may not be made under this
 582-24  section except on the express condition, which must be included in
 582-25  the instrument of cession, that this state retains concurrent
 582-26  jurisdiction with the United States over every portion of the land
 582-27  ceded so that all civil or criminal process issued under the
  583-1  authority of this state or a court or judicial officer of this
  583-2  state may be executed by the proper officers of this state on any
  583-3  person amenable to service of process within the limits of the land
  583-4  to be ceded, in the same manner and to the same effect as if the
  583-5  cession had not occurred.  (V.A.C.S. Art. 5247.)
  583-6        (Sections 2204.104 to 2204.200 reserved for expansion)
  583-7            SUBCHAPTER C.  CONVEYANCE OF STATE HIGHWAY LAND
  583-8                TO UNITED STATES FOR MILITARY PURPOSES
  583-9        Sec. 2204.201.  APPLICATION OF SUBCHAPTER.  This subchapter
 583-10  applies only to land or an interest in land owned by this state
 583-11  that is under the control of the Texas Department of
 583-12  Transportation.  (V.A.C.S. Art. 5248d-1, Sec. 1 (part).)
 583-13        Sec. 2204.202.  CONVEYANCE TO UNITED STATES.  (a)  The
 583-14  governor, on the recommendation of the Texas Transportation
 583-15  Commission or on the request of the United States supported by the
 583-16  recommendation of the Texas Transportation Commission, may convey
 583-17  to the United States an easement or other interest in land that:
 583-18              (1)  is located near a federally owned or operated
 583-19  military installation or facility; and
 583-20              (2)  may be necessary for the construction, operation,
 583-21  and maintenance of the military installation or facility.
 583-22        (b)  The conveyance may be made without monetary
 583-23  consideration or for a consideration determined by the Texas
 583-24  Transportation Commission.  (V.A.C.S. Art. 5248d-1, Sec. 1 (part).)
 583-25        Sec. 2204.203.  FEE SIMPLE NOT OWNED BY STATE.  For land for
 583-26  which the fee simple title is not vested in this state and for
 583-27  which the owner of the fee executes an easement to the United
  584-1  States for the purposes provided by Section 2204.202(a), the
  584-2  governor on the recommendation of the Texas Transportation
  584-3  Commission may join in and assent to the easement by the same or a
  584-4  separate instrument.  (V.A.C.S. Art. 5248d-1, Sec. 2.)
  584-5        (Sections 2204.204 to 2204.300 reserved for expansion)
  584-6    SUBCHAPTER D.  STATE GRANTS TO UNITED STATES FOR FLOOD CONTROL
  584-7      IN BED AND BANKS OF PECOS AND DEVILS RIVERS AND RIO GRANDE
  584-8        Sec. 2204.301.  GRANT TO UNITED STATES.  The governor may
  584-9  grant to the United States in accordance with this subchapter those
 584-10  portions of the beds and banks of the Pecos and Devils rivers in
 584-11  Val Verde County and of the Rio Grande in Brewster, Cameron,
 584-12  Hidalgo, Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr,
 584-13  Terrell, Val Verde, Webb, and Zapata counties:
 584-14              (1)  for which title is vested in this state; and
 584-15              (2)  that may be necessary or expedient in the
 584-16  construction and use of the storage and flood control dams and
 584-17  their resultant reservoirs, diversion works, and appurtenances
 584-18  provided for in the Treaty Relating to the Utilization of the
 584-19  Waters of the Colorado and Tijuana Rivers, and of the Rio Grande
 584-20  (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico,
 584-21  concluded by the United States and the United Mexican States on
 584-22  February 3, 1944.  (V.A.C.S. Art. 5248g, Secs. 1, 2 (part).)
 584-23        Sec. 2204.302.  APPLICATION BY UNITED STATES.  On application
 584-24  to the governor by the United States Commissioner, International
 584-25  Boundary and Water Commission, United States and Mexico, describing
 584-26  the area necessary or expedient for the purposes described in
 584-27  Section 2204.301, the governor shall issue a grant for and on
  585-1  behalf of this state to the United States conveying to the United
  585-2  States the area described in the application.  (V.A.C.S. Art.
  585-3  5248g, Sec. 2 (part).)
  585-4        Sec. 2204.303.  MINERAL RESERVATION REQUIRED.  A grant under
  585-5  this subchapter must reserve to this state all minerals except
  585-6  rock, sand, and gravel needed by the United States in the operation
  585-7  or construction by the United States or its agents of any of the
  585-8  works described by Section 2204.301.  The reservation must provide
  585-9  that:
 585-10              (1)  the minerals reserved to this state may not be
 585-11  explored for, developed, or produced in a manner that at any time
 585-12  will prevent or interfere with the operation or construction of
 585-13  those works; and
 585-14              (2)  before exploring for or developing reserved
 585-15  minerals, this state must obtain the written consent of the United
 585-16  States Section, International Boundary and Water Commission, United
 585-17  States and Mexico, or its successor agency, as to the proposed area
 585-18  sought to be explored or developed by this state, including the
 585-19  location of and production facilities for oil wells, gas wells, or
 585-20  oil and gas wells.  (V.A.C.S. Art. 5248g, Sec. 2 (part).)
 585-21        Sec. 2204.304.  REVERSION TO STATE ON NONUSE.  A grant under
 585-22  this subchapter must contain a reservation providing that if any
 585-23  part of the property granted ceases to be used for the purposes set
 585-24  out in Section 2204.301 for a continuous period of five years, that
 585-25  part shall immediately and automatically revert to this state at
 585-26  the end of that period.  (V.A.C.S. Art. 5248g, Sec. 2 (part).)
 585-27        Sec. 2204.305.  PRIVATE PROPERTY RIGHTS NOT AFFECTED.  This
  586-1  subchapter does not divest, limit, or otherwise affect the property
  586-2  rights, including riparian rights, under the laws of this state of
  586-3  the private owners of land abutting a portion of a river to which
  586-4  this subchapter applies.  (V.A.C.S. Art. 5248g, Sec. 2 (part).)
  586-5        (Sections 2204.306 to 2204.400 reserved for expansion)
  586-6     SUBCHAPTER E.  STATE GRANTS TO UNITED STATES IN BED AND BANKS
  586-7              OF RIO GRANDE TO IMPLEMENT BOUNDARY TREATY
  586-8        Sec. 2204.401.  GRANT TO UNITED STATES.  The governor may
  586-9  grant to the United States in accordance with this subchapter those
 586-10  portions of, or easements on, the beds and banks of the Rio Grande
 586-11  in Brewster, Cameron, Hidalgo, Hudspeth, Jeff Davis, Kinney,
 586-12  Maverick, Presidio, Starr, Terrell, Val Verde, Webb, and Zapata
 586-13  counties:
 586-14              (1)  for which title is vested in this state; and
 586-15              (2)  that may be necessary or expedient to facilitate
 586-16  the accomplishment of projects for the following purposes, as
 586-17  provided for in the Treaty to Resolve Pending Boundary Differences
 586-18  and Maintain the Rio Grande and Colorado River as the International
 586-19  Boundary between the United States of America and the United
 586-20  Mexican States, entered into force April 18, 1972, and the
 586-21  American-Mexican Boundary Treaty Act of 1972 (22 U.S.C. Sections
 586-22  277d-34 et seq.):
 586-23                    (A)  the relocation and rectification of the Rio
 586-24  Grande and construction of works for flood control in the
 586-25  Presidio-Ojinaga Valley;
 586-26                    (B)  the rectification of and channel
 586-27  stabilization on the Rio Grande between Fort Quitman in Hudspeth
  587-1  County and Haciendita in Presidio County;
  587-2                    (C)  the relocation and rectification of the Rio
  587-3  Grande upstream from Hidalgo-Reynosa in Hidalgo County;
  587-4                    (D)  the preservation of the Rio Grande as the
  587-5  boundary by prohibiting the construction of works that may cause
  587-6  deflection or obstruction of the normal flow or floodflows of the
  587-7  Rio Grande; or
  587-8                    (E)  other channel relocations and rectifications
  587-9  or boundary adjustments approved by the governments of the United
 587-10  States and the United Mexican States.  (V.A.C.S. Art. 5248g-1,
 587-11  Secs. 1, 4 (part).)
 587-12        Sec. 2204.402.  APPLICATION BY UNITED STATES.  On application
 587-13  to the governor by the United States Commissioner, International
 587-14  Boundary and Water Commission, United States and Mexico, describing
 587-15  the area and the interest in that area necessary or expedient for
 587-16  the purposes described in Section 2204.401, the governor shall
 587-17  issue a grant for and on behalf of this state to the United States
 587-18  conveying to the United States the area and interest described in
 587-19  the application.  (V.A.C.S. Art. 5248g-1, Sec. 2 (part).)
 587-20        Sec. 2204.403.  MINERAL RESERVATION REQUIRED.  (a)  A grant
 587-21  under this subchapter must reserve to this state all minerals
 587-22  except rock, sand, and gravel needed by the United States in the
 587-23  operation or construction by the United States or its agents of any
 587-24  of the works described by Section 2204.401.  The reservation must
 587-25  provide that:
 587-26              (1)  the minerals reserved to this state may not be
 587-27  explored for, developed, or produced in a manner that will at any
  588-1  time prevent or interfere with the operation or construction of
  588-2  those works; and
  588-3              (2)  before exploring for or developing reserved
  588-4  minerals, this state must obtain the written consent of the United
  588-5  States Section, International Boundary and Water Commission, United
  588-6  States and Mexico, or its successor agency, as to the proposed area
  588-7  sought to be explored or developed by this state, including the
  588-8  location of and production facilities for oil wells, gas wells, or
  588-9  oil and gas wells or other minerals.
 588-10        (b)  In a grant to the United States of fee title to the bed
 588-11  and banks of the Rio Grande for the relocation and rectification of
 588-12  the existing channel under the treaty that is to cause a portion of
 588-13  the channel to be in the territorial limits of the United Mexican
 588-14  States after its relocation and rectification, the reservation is
 588-15  required only for the portion of the channel that will remain in
 588-16  the territorial limits of the United States on completion of the
 588-17  relocation and rectification project.  (V.A.C.S. Art. 5248g-1,
 588-18  Secs. 2 (part), 3.)
 588-19        Sec. 2204.404.  PRIVATE PROPERTY RIGHTS NOT AFFECTED.  This
 588-20  subchapter does not divest, limit, or otherwise affect the property
 588-21  rights, including riparian rights, under the laws of this state of
 588-22  the private owners of land abutting a portion of the Rio Grande to
 588-23  which this subchapter applies.  (V.A.C.S. Art. 5248g-1, Sec. 4
 588-24  (part).)
 588-25        (Sections 2204.405 to 2204.500 reserved for expansion)
 588-26         SUBCHAPTER F.  CONSENT TO FEDERAL ACQUISITION OF LAND
 588-27                FOR FLOOD CONTROL IN TRINITY WATERSHED
  589-1        Sec. 2204.501.  APPLICATION OF SUBCHAPTER.  This subchapter
  589-2  applies only to land in:
  589-3              (1)  Denton, Jack, Montague, Parker, and Wise counties;
  589-4  and
  589-5              (2)  that portion of the Trinity Watershed located in
  589-6  Collin, Cooke, Dallas, Fannin, Grayson, Hunt, Kaufman, Rockwall,
  589-7  Tarrant, or Van Zandt County.  (V.A.C.S. Art. 5248h, Sec. 2 (part);
  589-8  Art. 5248i, Sec. 2 (part).)
  589-9        Sec. 2204.502.  CONSENT OF STATE.  (a)  This state consents
 589-10  to the acquisition by the United States by purchase, gift, or
 589-11  condemnation with adequate compensation of land or any right or
 589-12  interest in land in this state that the United States determines is
 589-13  needed for programs and works of improvement for runoff and
 589-14  water-flow retardation, soil erosion prevention, or other
 589-15  flood-control purposes in this state.
 589-16        (b)  This state does not consent to the acquisition of land
 589-17  under this subchapter by condemnation unless the apparent owner of
 589-18  the land consents to the acquisition.  (V.A.C.S. Art. 5248h, Sec. 1
 589-19  (part); Art. 5248i, Sec. 1 (part).)
 589-20        Sec. 2204.503.  CERTAIN RESERVATIONS PERMITTED.  The United
 589-21  States may acquire land under this subchapter subject to
 589-22  reservations of rights-of-way, timber, minerals, or easements.
 589-23  (V.A.C.S. Art. 5248h, Sec. 1 (part); Art. 5248i, Sec. 1 (part).)
 589-24        Sec. 2204.504.  PAYMENTS IN LIEU OF TAXES.  The United States
 589-25  must remit an amount equal to one percent of the purchase price of
 589-26  acquired land each year in lieu of taxes to the counties and school
 589-27  districts in which the land is located.  (V.A.C.S. Art. 5248h,
  590-1  Sec. 1 (part); Art. 5248i, Sec. 1 (part).)
  590-2        Sec. 2204.505.  CONCURRENT JURISDICTION RETAINED FOR CERTAIN
  590-3  PURPOSES.  This state retains concurrent jurisdiction with the
  590-4  United States in and over acquired land so that civil process in
  590-5  all cases and criminal process issued under the authority of this
  590-6  state against a person charged with the commission of a crime in or
  590-7  outside of the territory of the land may be executed on that land
  590-8  in the same manner as if this subchapter did not exist.  (V.A.C.S.
  590-9  Art. 5248h, Sec. 1 (part); Art. 5248i, Sec. 1 (part).)
 590-10                    CHAPTER 2205.  AIRCRAFT POOLING
 590-11             SUBCHAPTER A.  STATE AIRCRAFT POOLING BOARD;
 590-12                          GENERAL PROVISIONS
 590-13  Sec. 2205.001.  SHORT TITLE
 590-14  Sec. 2205.002.  DEFINITIONS
 590-15  Sec. 2205.003.  ESTABLISHMENT
 590-16  Sec. 2205.004.  COMPOSITION OF BOARD; TERMS
 590-17  Sec. 2205.005.  APPOINTMENTS
 590-18  Sec. 2205.006.  ELIGIBILITY
 590-19  Sec. 2205.007.  CONFLICTS OF INTEREST
 590-20  Sec. 2205.0071. TEMPORARY PROVISION
 590-21  Sec. 2205.008.  INFORMATION ABOUT QUALIFICATIONS AND
 590-22                    STANDARDS OF CONDUCT
 590-23  Sec. 2205.009.  REMOVAL
 590-24  Sec. 2205.010.  PRESIDING OFFICER; MEETINGS; QUORUM
 590-25  Sec. 2205.011.  PUBLIC ACCESS AND TESTIMONY
 590-26  Sec. 2205.012.  STAFF
 590-27  Sec. 2205.013.  MERIT PAY
  591-1  Sec. 2205.014.  CAREER LADDER
  591-2  Sec. 2205.015.  EQUAL EMPLOYMENT OPPORTUNITY
  591-3  Sec. 2205.016.  ANNUAL REPORT
  591-4  Sec. 2205.017.  SUNSET PROVISION
  591-5        (Sections 2205.018 to 2205.030 reserved for expansion)
  591-6                     SUBCHAPTER B.  STATE AIRCRAFT
  591-7  Sec. 2205.031.  APPLICABILITY OF CHAPTER TO STATE AIRCRAFT
  591-8  Sec. 2205.032.  CUSTODY, CONTROL, OPERATION, AND MAINTENANCE
  591-9  Sec. 2205.033.  TEXAS A&M UNIVERSITY SYSTEM AIRCRAFT
 591-10  Sec. 2205.034.  FACILITIES
 591-11  Sec. 2205.035.  AIRCRAFT LEASES
 591-12  Sec. 2205.036.  PASSENGER TRANSPORTATION
 591-13  Sec. 2205.037.  USE FOR POLITICAL PURPOSES; CIVIL LIABILITY
 591-14  Sec. 2205.038.  AIRCRAFT OPERATIONS MANUAL
 591-15  Sec. 2205.039.  TRAVEL LOG
 591-16  Sec. 2205.040.  BILLING PROCEDURES
 591-17  Sec. 2205.041.  AIRCRAFT USE FORM
 591-18  Sec. 2205.042.  PILOTS
 591-19  Sec. 2205.043.  AIRCRAFT MARKING
 591-20  Sec. 2205.044.  FUEL AND MAINTENANCE CONTRACTS
 591-21  Sec. 2205.045.  INSURANCE
 591-22                    CHAPTER 2205.  AIRCRAFT POOLING
 591-23                     SUBCHAPTER A.  STATE AIRCRAFT
 591-24                   POOLING BOARD; GENERAL PROVISIONS
 591-25        Sec. 2205.001.  SHORT TITLE.  This chapter may be cited as
 591-26  the State Aircraft Pooling Act.  (V.A.C.S. Art. 4413(34b), Sec. 1.)
 591-27        Sec. 2205.002.  Definitions.  In this chapter:
  592-1              (1)  "Board" means the State Aircraft Pooling Board.
  592-2  (V.A.C.S. Art. 4413(34b), Sec. 2.)
  592-3              (2)  "State agency" means an office, department, board,
  592-4  commission, institution, or other agency to which a legislative
  592-5  appropriation is made.  (V.A.C.S. Art. 4413(34b), Sec. 2.)
  592-6        Sec. 2205.003.  ESTABLISHMENT.  The State Aircraft Pooling
  592-7  Board is an agency of the state.  (V.A.C.S. Art. 4413(34b), Sec.
  592-8  3.)
  592-9        Sec. 2205.004.  Composition of Board; Terms.  (a)  The board
 592-10  is composed of:
 592-11              (1)  a member appointed by the governor;
 592-12              (2)  a member appointed by the lieutenant governor;
 592-13              (3)  a member appointed by the speaker of the house of
 592-14  representatives;
 592-15              (4)  a representative of the General Services
 592-16  Commission, designated from time to time by the presiding officer
 592-17  of the commission; and
 592-18              (5)  a representative of the state auditor's office,
 592-19  designated from time to time by the state auditor.
 592-20        (b)  The three appointed members of the board hold office for
 592-21  staggered terms of six years, with the term of one member expiring
 592-22  on January 31 of each odd-numbered year.  The original appointing
 592-23  authority shall fill any vacancy for the unexpired portion of the
 592-24  term.
 592-25        (c)  The representatives of the General Services Commission
 592-26  and the state auditor's office are ex officio, nonvoting members of
 592-27  the board and serve only in an advisory capacity.  (V.A.C.S. Art.
  593-1  4413(34b), Secs. 4(a)-(c).)
  593-2        Sec. 2205.005.  APPOINTMENTS.  Appointments to the board
  593-3  shall be made without regard to the race, color, handicap, sex,
  593-4  religion, age, or national origin of the appointees.  (V.A.C.S.
  593-5  Art. 4413(34b), Sec. 4(e).)
  593-6        Sec. 2205.006.  ELIGIBILITY.  Each appointed member of the
  593-7  board must be a representative of the general public.  A person is
  593-8  not eligible for appointment as a public member of the board if the
  593-9  person or the person's spouse:
 593-10              (1)  is employed by or participates in the management
 593-11  of a business entity or other organization receiving funds from the
 593-12  board;
 593-13              (2)  owns or controls, directly or indirectly, more
 593-14  than a 10 percent interest in a business entity or other
 593-15  organization receiving funds from the board; or
 593-16              (3)  uses or receives a substantial amount of tangible
 593-17  goods, services, or funds from the board, other than compensation
 593-18  or reimbursement authorized by law for board membership,
 593-19  attendance, or expenses.  (V.A.C.S. Art. 4413(34b), Sec. 4(d).)
 593-20        Sec. 2205.007.  CONFLICTS OF INTEREST.  (a)  A person may not
 593-21  serve as a member of the board or act as the general counsel to the
 593-22  board if the person is required to register as a lobbyist under
 593-23  Chapter 305 because of the person's activities for compensation on
 593-24  behalf of a profession related to the operation of the board.
 593-25        (b)  An officer, employee, or paid consultant of a Texas
 593-26  trade association in the field of aircraft sales and leasing may
 593-27  not be a board member or a board employee who is exempt from the
  594-1  state's position classification plan or is compensated at or above
  594-2  the amount prescribed by the General Appropriations Act for step 1,
  594-3  salary group 17, of the position classification salary schedule.
  594-4        (c)  A person who is the spouse of an officer, manager, or
  594-5  paid consultant of a Texas trade association in the field of
  594-6  aircraft sales and leasing may not be a board member and may not be
  594-7  a board employee who is exempt from the state's position
  594-8  classification plan or is compensated at or above the amount
  594-9  prescribed by the General Appropriations Act for step 1, salary
 594-10  group 17, of the position classification salary schedule.
 594-11        (d)  For the purposes of this section, a Texas trade
 594-12  association is a nonprofit, cooperative, and voluntarily joined
 594-13  association of business or professional competitors in this state
 594-14  designed to assist its members and its industry or profession in
 594-15  dealing with mutual business or professional problems and in
 594-16  promoting their common interest.  (V.A.C.S. Art. 4413(34b), Sec.
 594-17  4B.)
 594-18        Sec. 2205.0071.  TEMPORARY PROVISION.  Sections 2205.006,
 594-19  2205.007, and 2205.009(a)(1) through (3) apply only to a member of
 594-20  the board appointed on or after September 1, 1991.  This section
 594-21  expires January 31, 1997.  (Sec. 13(a), Ch. 253, Acts of the 72nd
 594-22  Leg., R.S., 1991.)
 594-23        Sec. 2205.008.  INFORMATION ABOUT QUALIFICATIONS AND
 594-24  STANDARDS OF CONDUCT.  The board shall provide to its members and
 594-25  employees, as often as necessary, information regarding their
 594-26  qualifications for office or employment under this chapter and
 594-27  their responsibilities under applicable laws relating to standards
  595-1  of conduct for state officers or employees.  (V.A.C.S. Art.
  595-2  4413(34b), Sec. 9(g).)
  595-3        Sec. 2205.009.  REMOVAL.  (a)  It is a ground for removal of
  595-4  an appointed member from the board if the member:
  595-5              (1)  does not have at the time of appointment the
  595-6  qualifications required by Section 2205.006;
  595-7              (2)  does not maintain during service on the board the
  595-8  qualifications required by Section 2205.006;
  595-9              (3)  violates a prohibition established by Section
 595-10  2205.007;
 595-11              (4)  cannot discharge because of illness or disability
 595-12  the member's duties for a substantial part of the term for which
 595-13  the member is appointed; or
 595-14              (5)  is absent from more than half of the regularly
 595-15  scheduled board meetings that the member is eligible to attend
 595-16  during a calendar year unless the absence is excused by majority
 595-17  vote of the board.
 595-18        (b)  The validity of an action of the board is not affected
 595-19  by the fact that it is taken when a ground for removal of a board
 595-20  member exists.
 595-21        (c)  If the executive director has knowledge that a potential
 595-22  ground for removal exists, the executive director shall notify the
 595-23  presiding officer of the board of the ground.  The presiding
 595-24  officer shall then notify the governor that a potential ground for
 595-25  removal exists.  (V.A.C.S. Art. 4413(34b), Sec. 4A.)
 595-26        Sec. 2205.010.  PRESIDING OFFICER; MEETINGS; QUORUM.
 595-27  (a)  The voting members of the board biennially shall elect a
  596-1  voting member of the board as presiding officer.
  596-2        (b)  The board shall adopt rules for calling and holding
  596-3  meetings and conducting business.
  596-4        (c)  Two voting members of the board constitute a quorum.
  596-5  (V.A.C.S. Art. 4413(34b), Sec. 5.)
  596-6        Sec. 2205.011.  PUBLIC ACCESS AND TESTIMONY.  (a)  The board
  596-7  shall prepare and maintain a written plan that describes how a
  596-8  person who does not speak English or who has a physical, mental, or
  596-9  developmental disability can be provided reasonable access to the
 596-10  board's programs.
 596-11        (b)  The board shall develop and implement policies that
 596-12  provide the public with a reasonable opportunity to appear before
 596-13  the board and to speak on any issue under the jurisdiction of the
 596-14  board.  (V.A.C.S. Art. 4413(34b), Sec. 16.)
 596-15        Sec. 2205.012.  STAFF.  (a)  The board may employ and
 596-16  compensate staff as provided by legislative appropriation or may
 596-17  use staff provided by the General Services Commission or the state
 596-18  auditor's office.
 596-19        (b)  The board shall develop and implement policies that
 596-20  clearly define the respective responsibilities of the board  and
 596-21  the staff the board uses.  (V.A.C.S. Art. 4413(34b), Secs. 6(a),
 596-22  (b).)
 596-23        Sec. 2205.013.  MERIT PAY.  The executive director or the
 596-24  executive director's designee shall develop a system of annual
 596-25  performance evaluations.  All merit pay for board staff must be
 596-26  based on the system established under this section.  (V.A.C.S. Art.
 596-27  4413(34b), Sec. 6(c).)
  597-1        Sec. 2205.014.  CAREER LADDER.  The executive director or the
  597-2  executive director's designee shall develop an intraagency career
  597-3  ladder program.  The program shall require intraagency postings of
  597-4  all non-entry-level positions concurrently with any public posting.
  597-5  (V.A.C.S. Art. 4413(34b), Sec. 6(d).)
  597-6        Sec. 2205.015.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The
  597-7  executive director or the executive director's designee shall
  597-8  prepare and maintain a written policy statement to assure
  597-9  implementation of a program of equal employment opportunity under
 597-10  which all personnel transactions are made without regard to race,
 597-11  color, handicap, sex, religion, age, or national origin.  The
 597-12  policy statement must include:
 597-13              (1)  personnel policies, including policies relating to
 597-14  recruitment, evaluation, selection, appointment, training, and
 597-15  promotion of personnel;
 597-16              (2)  a comprehensive analysis of the board's work force
 597-17  that meets federal and state guidelines;
 597-18              (3)  procedures by which a determination can be made of
 597-19  significant underuse in the board's work force of all persons for
 597-20  whom federal or state guidelines encourage a more equitable
 597-21  balance; and
 597-22              (4)  reasonable methods to appropriately address those
 597-23  areas of significant underuse.
 597-24        (b)  A policy statement prepared under Subsection (a) must
 597-25  cover an annual period, be updated at least annually, and be filed
 597-26  with the governor's office.
 597-27        (c)  The governor's office shall deliver a biennial report to
  598-1  the legislature based on the information received under Subsection
  598-2  (b).  The report may be made separately or as a part of other
  598-3  biennial reports made to the legislature.  (V.A.C.S. Art.
  598-4  4413(34b), Sec. 5A.)
  598-5        Sec. 2205.016.  ANNUAL REPORT.  (a)  The board shall file
  598-6  annually with the governor and the presiding officer of each house
  598-7  of the legislature a complete and detailed written report
  598-8  accounting for all funds received and disbursed by the board during
  598-9  the preceding fiscal year.
 598-10        (b)  The annual report must be in the form and reported in
 598-11  the time provided by the General Appropriations Act.  (V.A.C.S.
 598-12  Art. 4413(34b), Sec. 8A.)
 598-13        Sec. 2205.017.  SUNSET PROVISION.  The State Aircraft Pooling
 598-14  Board is subject to Chapter 325 (Texas Sunset Act).  Unless
 598-15  continued in existence as provided by that chapter, the board is
 598-16  abolished and this chapter expires September 1, 2001.  (V.A.C.S.
 598-17  Art. 4413(34b), Sec. 10A.)
 598-18        (Sections 2205.018 to 2205.030 reserved for expansion)
 598-19                     SUBCHAPTER B.  STATE AIRCRAFT
 598-20        Sec. 2205.031.  APPLICABILITY OF CHAPTER TO STATE AIRCRAFT.
 598-21  This chapter applies to all aircraft owned or leased by the state,
 598-22  except as provided by Section 2205.033.  (V.A.C.S. Art. 4413(34b),
 598-23  Sec. 7.)
 598-24        Sec. 2205.032.  CUSTODY, CONTROL, OPERATION, AND MAINTENANCE.
 598-25  (a)  The board shall operate a pool for the custody, control,
 598-26  operation, and maintenance of all aircraft owned or leased by the
 598-27  state.
  599-1        (b)  The board may purchase aircraft with funds appropriated
  599-2  for that purpose.  (V.A.C.S. Art. 4413(34b), Secs. 8, 9(a).)
  599-3        Sec. 2205.033.  TEXAS A&M UNIVERSITY SYSTEM AIRCRAFT.
  599-4  (a)  The board of regents of The Texas A&M University System is
  599-5  primarily responsible for scheduling Texas A&M University System
  599-6  aircraft.
  599-7        (b)  The Texas A&M University System shall base Texas A&M
  599-8  University System aircraft in Brazos County.
  599-9        (c)  A pilot of Texas A&M University System aircraft must be
 599-10  an employee of The Texas A&M University System.
 599-11        (d)  In this section, "Texas A&M University System aircraft"
 599-12  means aircraft owned on August 31, 1991, or acquired after that
 599-13  date by The Texas A&M University System or one of its components.
 599-14  (V.A.C.S. Art. 4413(34b), Sec. 7A.)
 599-15        Sec. 2205.034.  FACILITIES.  (a)  The board may acquire
 599-16  appropriate facilities for the accommodation of all aircraft owned
 599-17  or leased by the state.  The facilities may be purchased or leased
 599-18  as determined by the board to be most economical for the state and
 599-19  as provided by legislative appropriations.  The facilities may
 599-20  include adequate hangar space, an indoor passenger waiting area, a
 599-21  flight-planning area, communications facilities, and other related
 599-22  and necessary facilities.
 599-23        (b)  A state agency that operates an aircraft may not use a
 599-24  facility in Austin other than a facility operated by the board for
 599-25  the storage, parking, fueling, or maintenance of the aircraft,
 599-26  whether or not the aircraft is based in Austin.  In a situation the
 599-27  board determines to be an emergency, the board may authorize a
  600-1  state agency to use a facility in Austin other than a board
  600-2  facility for the storage, parking, fueling, or maintenance of an
  600-3  aircraft.  (V.A.C.S. Art. 4413(34b), Sec. 10.)
  600-4        Sec. 2205.035.  AIRCRAFT LEASES.  (a)  The board by
  600-5  interagency contract may lease state-owned aircraft to a state
  600-6  agency.
  600-7        (b)  A state agency that is the prior owner or lessee of an
  600-8  aircraft has the first option to lease that aircraft from the
  600-9  board.
 600-10        (c)  The lease may provide for operation or maintenance by
 600-11  the board or the state agency.
 600-12        (d)  A state agency may not expend appropriated funds for the
 600-13  lease of an aircraft unless the board executes the lease or
 600-14  approves the lease by board order.  (V.A.C.S. Art. 4413(34b), Secs.
 600-15  9(b), (c).)
 600-16        Sec. 2205.036.  PASSENGER TRANSPORTATION.  (a)  The board
 600-17  shall provide aircraft transportation, to the extent that its
 600-18  aircraft are available, to:
 600-19              (1)  state officers and employees who are traveling on
 600-20  official business according to the coordinated passenger scheduling
 600-21  system and the priority scheduling system developed as part of the
 600-22  aircraft operations manual under Section 2205.038;
 600-23              (2)  persons in the care or custody of state officers
 600-24  or employees described by Subdivision (1); and
 600-25              (3)  persons whose transportation furthers official
 600-26  state business.
 600-27        (b)  The board may not provide aircraft transportation to a
  601-1  passenger if the passenger is to be transported to or from a place
  601-2  where the passenger:
  601-3              (1)  will make or has made a speech not related to
  601-4  official state business;
  601-5              (2)  will attend or has attended an event sponsored by
  601-6  a political party;
  601-7              (3)  will perform a service or has performed a service
  601-8  for which the passenger is to receive an honorarium, unless the
  601-9  passenger reimburses the board for the cost of transportation;
 601-10              (4)  will attend or has attended an event at which
 601-11  money is raised for private or political purposes; or
 601-12              (5)  will attend or has attended an event at which an
 601-13  audience was charged an admission fee to see or hear the passenger.
 601-14  (V.A.C.S. Art. 4413(34b), Secs. 9(d), (e).)
 601-15        Sec. 2205.037.  USE FOR POLITICAL PURPOSES; CIVIL LIABILITY.
 601-16  (a)  A person may not use a state-owned aircraft solely for
 601-17  political purposes or spend state funds for the use of an aircraft
 601-18  solely for political purposes.
 601-19        (b)  A person who violates this section is civilly liable to
 601-20  the state for the costs incurred by the state because of the
 601-21  violation.  (V.A.C.S. Art. 6252-15.)
 601-22        Sec. 2205.038.  AIRCRAFT OPERATIONS MANUAL.  (a)  The board
 601-23  shall:
 601-24              (1)  prepare a manual that establishes minimum
 601-25  standards for the operation of aircraft by state agencies; and
 601-26              (2)  adopt procedures for the distribution of the
 601-27  manual to state agencies.
  602-1        (b)  The manual must include provisions for:
  602-2              (1)  pilot certification standards, including medical
  602-3  requirements for pilots;
  602-4              (2)  recurring training programs for pilots;
  602-5              (3)  general operating and flight rules;
  602-6              (4)  coordinated passenger scheduling; and
  602-7              (5)  other issues the board determines are necessary to
  602-8  ensure the efficient and safe operation of aircraft by a state
  602-9  agency.
 602-10        (c)  The board shall confer with and solicit the written
 602-11  advice of state agencies the board determines are principal users
 602-12  of aircraft operated by the board and, to the extent practicable,
 602-13  incorporate that advice in the development of the manual and
 602-14  subsequent changes to the manual.  (V.A.C.S. Art. 4413(34b),
 602-15  Sec. 12.)
 602-16        Sec. 2205.039.  TRAVEL LOG.  (a)  The Legislative Budget
 602-17  Board, in cooperation with the board, shall prescribe:
 602-18              (1)  a travel log form for gathering information about
 602-19  the use of state-operated aircraft;
 602-20              (2)  procedures to ensure that individuals who travel
 602-21  as passengers on or operate state-operated aircraft provide in a
 602-22  legible manner the information requested of them by the form; and
 602-23              (3)  procedures for each state agency that operates an
 602-24  aircraft for sending the form to the board and the Legislative
 602-25  Budget Board.
 602-26        (b)  The travel log form must request the following
 602-27  information about a state-operated aircraft each time the aircraft
  603-1  is flown:
  603-2              (1)  a mission statement, which may appear as a
  603-3  selection to be identified from general categories appearing on the
  603-4  form;
  603-5              (2)  the name, state agency represented, and signature
  603-6  of each person who is a passenger or crew member of the aircraft;
  603-7  and
  603-8              (3)  other information determined by the Legislative
  603-9  Budget Board and the board to be necessary to monitor the proper
 603-10  use of the aircraft.  (V.A.C.S. Art. 4413(34b), Secs. 13(a), (b).)
 603-11        Sec. 2205.040.  BILLING PROCEDURES.  The Legislative Budget
 603-12  Board, in cooperation with the board and the state auditor, shall
 603-13  prescribe a billing procedure for passenger travel on
 603-14  state-operated aircraft.  (V.A.C.S. Art. 4413(34b), Sec. 14.)
 603-15        Sec. 2205.041.  AIRCRAFT USE FORM.  The Legislative Budget
 603-16  Board, in cooperation with the board, shall prescribe:
 603-17              (1)  an annual aircraft use form for gathering
 603-18  information about the use of state-operated aircraft; and