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
603-19 (2) procedures for each state agency that operates an
603-20 aircraft for sending the form to the board and the Legislative
603-21 Budget Board. (V.A.C.S. Art. 4413(34b), Sec. 11(a).)
603-22 Sec. 2205.042. PILOTS. An individual who is not a pilot
603-23 employed by the board may not operate a state-operated aircraft
603-24 unless the board grants the individual a specific exemption from
603-25 that requirement. (V.A.C.S. Art. 4413(34b), Sec. 15.)
603-26 Sec. 2205.043. AIRCRAFT MARKING. (a) Each aircraft owned
603-27 or leased by the state, other than an aircraft used for law
604-1 enforcement purposes, shall be marked:
604-2 (1) with the Texas state seal on each side of the
604-3 aircraft's vertical stabilizer; and
604-4 (2) with the words "The State of Texas" on each side
604-5 of the aircraft's fuselage.
604-6 (b) The board shall adopt rules, consistent with federal
604-7 regulations, governing the color, size, and location of marks of
604-8 identification required by this section. (V.A.C.S. Art. 4413(34b),
604-9 Sec. 9A.)
604-10 Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The board
604-11 may contract with a state or federal governmental agency or a
604-12 political subdivision to provide aircraft fuel or to provide
604-13 aircraft maintenance services. (V.A.C.S. Art. 4413(34b),
604-14 Sec. 9(f).)
604-15 Sec. 2205.045. INSURANCE. (a) The board may purchase
604-16 insurance to protect the board from loss caused by damage, loss,
604-17 theft, or destruction of aircraft owned or leased by the state.
604-18 (b) The insurance must be on a form approved by the State
604-19 Board of Insurance. (V.A.C.S. Art. 4413(34b), Sec. 9(h).)
604-20 (Chapters 2206 to 2250 reserved for expansion)
604-21 SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
604-22 CHAPTER 2251. PAYMENT FOR GOODS AND SERVICES
604-23 SUBCHAPTER A. GENERAL PROVISIONS
604-24 Sec. 2251.001. DEFINITIONS
604-25 Sec. 2251.002. EXCEPTIONS
604-26 Sec. 2251.003. RULES
604-27 (Sections 2251.004 to 2251.020 reserved for expansion)
605-1 SUBCHAPTER B. PAYMENTS AND INTEREST
605-2 Sec. 2251.021. TIME FOR PAYMENT BY GOVERNMENTAL ENTITY
605-3 Sec. 2251.022. TIME FOR PAYMENT BY VENDOR
605-4 Sec. 2251.023. TIME FOR PAYMENT BY SUBCONTRACTOR
605-5 Sec. 2251.024. MAILING OF PAYMENT
605-6 Sec. 2251.025. INTEREST ON OVERDUE PAYMENT
605-7 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY
605-8 Sec. 2251.027. PAYMENT OF INTEREST BY POLITICAL SUBDIVISION
605-9 Sec. 2251.028. PAYMENT OF INTEREST BY VENDOR OR SUBCONTRACTOR
605-10 Sec. 2251.029. PARTIAL PAYMENT
605-11 Sec. 2251.030. EARLY PAYMENT DISCOUNT
605-12 (Sections 2251.031 to 2251.040 reserved for expansion)
605-13 SUBCHAPTER C. CLAIMS AND DISPUTES
605-14 Sec. 2251.041. CLAIM FOR INTEREST IMPOSED AGAINST
605-15 STATE AGENCY
605-16 Sec. 2251.042. DISPUTED PAYMENT
605-17 Sec. 2251.043. ATTORNEY FEES
605-18 SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
605-19 CHAPTER 2251. PAYMENT FOR GOODS AND SERVICES
605-20 SUBCHAPTER A. GENERAL PROVISIONS
605-21 Sec. 2251.001. DEFINITIONS. In this chapter:
605-22 (1) "Goods" includes supplies, materials, or
605-23 equipment.
605-24 (2) "Governmental entity" means a state agency or
605-25 political subdivision of this state.
605-26 (3) "Payment" means money owed to a vendor.
605-27 (4) "Political subdivision" means:
606-1 (A) a county;
606-2 (B) a municipality;
606-3 (C) a public school district; or
606-4 (D) a special-purpose district or authority.
606-5 (5) "State agency" means:
606-6 (A) a board, commission, department, office, or
606-7 other agency in the executive branch of state government that is
606-8 created by the constitution or a statute of this state, including a
606-9 river authority and an institution of higher education as defined
606-10 by Section 61.003, Education Code;
606-11 (B) the legislature or a legislative agency; or
606-12 (C) the Supreme Court of Texas, the Court of
606-13 Criminal Appeals of Texas, a court of appeals, a state judicial
606-14 agency, or the State Bar of Texas.
606-15 (6) "Subcontractor" means a person who contracts with
606-16 a vendor to work or contribute toward completing work for a
606-17 governmental entity.
606-18 (7) "Vendor" means a person who supplies goods or
606-19 services to a governmental entity. (New; V.A.C.S. Art. 601f, Sec.
606-20 1.)
606-21 Sec. 2251.002. EXCEPTIONS. (a) This chapter does not apply
606-22 to a payment made by a governmental entity, vendor, or
606-23 subcontractor if:
606-24 (1) the terms of a contract specify another time or
606-25 method of payment or method of resolving a dispute or interest owed
606-26 on a delinquent payment;
606-27 (2) there is a bona fide dispute between a vendor and
607-1 a subcontractor or between a subcontractor and its supplier about
607-2 the goods delivered or the services performed that causes the
607-3 payment to be late;
607-4 (3) the terms of a federal contract, grant,
607-5 regulation, or statute prevent the governmental entity from making
607-6 a timely payment with federal funds; or
607-7 (4) the invoice is not mailed to the person to whom it
607-8 is addressed in strict accordance with any instruction on the
607-9 purchase order relating to the payment.
607-10 (b) This chapter does not affect Chapter 2253. (V.A.C.S.
607-11 Art. 601f, Sec. 7.)
607-12 Sec. 2251.003. RULES. The General Services Commission shall
607-13 adopt rules to implement this chapter. (V.A.C.S. Art. 601f, Sec.
607-14 9.)
607-15 (Sections 2251.004 to 2251.020 reserved for expansion)
607-16 SUBCHAPTER B. PAYMENTS AND INTEREST
607-17 Sec. 2251.021. TIME FOR PAYMENT BY GOVERNMENTAL ENTITY.
607-18 (a) A payment by a governmental entity under a contract executed
607-19 on or after September 1, 1987, is overdue on the 31st day after the
607-20 later of:
607-21 (1) the date the governmental entity receives the
607-22 goods under the contract;
607-23 (2) the date the performance of the service under the
607-24 contract is completed; or
607-25 (3) the date the governmental entity receives an
607-26 invoice for the goods or services.
607-27 (b) For a contract executed on or after July 1, 1986, and
608-1 before September 1, 1987, a payment by a governmental entity under
608-2 that contract is overdue on the 46th day after the later event
608-3 described by Subsections (a)(1) through (3). (V.A.C.S. Art. 601f,
608-4 Secs. 2(a), (b); 3(a), (b); 5(a) (part).)
608-5 Sec. 2251.022. TIME FOR PAYMENT BY VENDOR. (a) A vendor
608-6 who receives a payment from a governmental entity shall pay a
608-7 subcontractor the appropriate share of the payment not later than
608-8 the 10th day after the date the vendor receives the payment.
608-9 (b) The appropriate share is overdue on the 11th day after
608-10 the date the vendor receives the payment. (V.A.C.S. Art. 601f,
608-11 Secs. 4(a) (part); 5(a) (part).)
608-12 Sec. 2251.023. TIME FOR PAYMENT BY SUBCONTRACTOR. (a) A
608-13 subcontractor who receives a payment from a vendor shall pay a
608-14 person who supplies goods or a service for which the payment is
608-15 made the appropriate share of the payment not later than the 10th
608-16 day after the date the subcontractor receives the payment.
608-17 (b) The appropriate share is overdue on the 11th day after
608-18 the date the subcontractor receives the payment. (V.A.C.S. Art.
608-19 601f, Secs. 4(b) (part); 5(a) (part).)
608-20 Sec. 2251.024. MAILING OF PAYMENT. A payment is considered
608-21 to be mailed on the date the payment is postmarked. (V.A.C.S. Art.
608-22 601f, Sec. 5(b) (part).)
608-23 Sec. 2251.025. INTEREST ON OVERDUE PAYMENT. (a) A payment
608-24 begins to accrue interest on the date the payment is overdue.
608-25 (b) An overdue payment bears interest at the rate of one
608-26 percent each month.
608-27 (c) Interest on an overdue payment stops accruing on the
609-1 date the governmental entity or vendor mails or electronically
609-2 transmits the payment. (V.A.C.S. Art. 601f, Secs. 4(a) (part), (b)
609-3 (part); 5(a) (part), (b).)
609-4 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. If the
609-5 warrant for a payment the originating state agency owes is not
609-6 mailed or electronically transmitted before the payment is overdue,
609-7 the agency is liable for an interest payment that accrues under
609-8 this chapter. (V.A.C.S. Art. 601f, Secs. 3(c); 5(b) (part).)
609-9 Sec. 2251.027. PAYMENT OF INTEREST BY POLITICAL SUBDIVISION.
609-10 (a) A political subdivision shall compute interest imposed on the
609-11 political subdivision under this chapter.
609-12 (b) The political subdivision shall pay the interest at the
609-13 time payment is made on the principal.
609-14 (c) The political subdivision shall submit the interest
609-15 payment with the net amount due for goods and services.
609-16 (d) The political subdivision may not require a vendor to
609-17 petition, bill, or wait an additional day to receive the interest
609-18 due. (V.A.C.S. Art. 601f, Sec. 2(c).)
609-19 Sec. 2251.028. PAYMENT OF INTEREST BY VENDOR OR
609-20 SUBCONTRACTOR. A vendor or subcontractor shall pay interest as a
609-21 payment is overdue. (V.A.C.S. Art. 601f, Sec. 4(c).)
609-22 Sec. 2251.029. PARTIAL PAYMENT. (a) The unpaid balance of
609-23 a partial payment made within the period provided by this chapter
609-24 accrues interest as provided by Section 2251.025 unless the balance
609-25 is in dispute.
609-26 (b) Section 2251.042 applies to a disputed balance.
609-27 (V.A.C.S. Art. 601f, Sec. 5(c).)
610-1 Sec. 2251.030. EARLY PAYMENT DISCOUNT. (a) The intent of
610-2 the legislature is that a governmental entity should take advantage
610-3 of an offer for an early payment discount.
610-4 (b) A governmental entity may not take an early payment
610-5 discount a vendor offers unless the governmental entity makes a
610-6 full payment within the discount period.
610-7 (c) If a governmental entity takes an early payment discount
610-8 later, the unpaid balance accrues interest beginning on the date
610-9 the discount offer expires. (V.A.C.S. Art. 601f, Sec. 8.)
610-10 (Sections 2251.031 to 2251.040 reserved for expansion)
610-11 SUBCHAPTER C. CLAIMS AND DISPUTES
610-12 Sec. 2251.041. CLAIM FOR INTEREST IMPOSED AGAINST STATE
610-13 AGENCY. (a) A vendor must present a claim for interest imposed
610-14 against an originating state agency to the agency not later than
610-15 the sixth month after the date the vendor receives payment.
610-16 (b) The vendor must accompany the claim with the envelope in
610-17 which the warrant was received or other proof showing the date the
610-18 payment was mailed or transmitted by the agency. (V.A.C.S. Art.
610-19 601f, Sec. 3(d).)
610-20 Sec. 2251.042. DISPUTED PAYMENT. (a) A governmental entity
610-21 shall notify a vendor of an error in an invoice submitted for
610-22 payment by the vendor not later than the 21st day after the date
610-23 the entity receives the invoice.
610-24 (b) If a dispute is resolved in favor of the vendor, the
610-25 vendor is entitled to receive interest on the unpaid balance of the
610-26 invoice submitted by the vendor beginning on the date under Section
610-27 2251.021 that the payment for the invoice is overdue.
611-1 (c) If a dispute is resolved in favor of the governmental
611-2 entity, the vendor shall submit a corrected invoice that must be
611-3 paid in accordance with Section 2251.021. The unpaid balance
611-4 accrues interest as provided by this chapter if the corrected
611-5 invoice is not paid by the appropriate date. (V.A.C.S. Art. 601f,
611-6 Sec. 6.)
611-7 Sec. 2251.043. ATTORNEY FEES. In a formal administrative or
611-8 judicial action to collect an invoice payment or interest due under
611-9 this chapter, the opposing party, which may be the governmental
611-10 entity or the vendor, shall pay the reasonable attorney fees of
611-11 the prevailing party. (V.A.C.S. Art. 601f, Sec. 10.)
611-12 CHAPTER 2252. CONTRACTS WITH GOVERNMENTAL ENTITY
611-13 SUBCHAPTER A. NONRESIDENT BIDDERS
611-14 Sec. 2252.001. DEFINITIONS
611-15 Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER
611-16 Sec. 2252.003. PUBLICATION OF OTHER STATES' LAWS
611-17 ON CONTRACTS
611-18 Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS
611-19 (Sections 2252.005 to 2252.030 reserved for expansion)
611-20 SUBCHAPTER B. INTEREST ON RETAINED PUBLIC WORKS CONTRACT PAYMENTS
611-21 Sec. 2252.031. DEFINITIONS
611-22 Sec. 2252.032. RETAINAGE
611-23 Sec. 2252.033. EXEMPTIONS
611-24 (Sections 2252.034 to 2252.060 reserved for expansion)
611-25 SUBCHAPTER C. PRIVATE AUXILIARY ENTERPRISE PROVIDING
611-26 SERVICES TO STATE AGENCIES OR INSTITUTIONS OF HIGHER EDUCATION
611-27 Sec. 2252.061. DEFINITIONS
612-1 Sec. 2252.062. FINANCIAL STATEMENT
612-2 Sec. 2252.063. PAYMENT STATEMENT
612-3 Sec. 2252.064. PERFORMANCE BOND
612-4 CHAPTER 2252. CONTRACTS WITH GOVERNMENTAL ENTITY
612-5 SUBCHAPTER A. NONRESIDENT BIDDERS
612-6 Sec. 2252.001. DEFINITIONS. In this subchapter:
612-7 (1) "Governmental contract" means a contract awarded
612-8 by a governmental entity for general construction, an improvement,
612-9 a service, or a public works project or for a purchase of supplies,
612-10 materials, or equipment.
612-11 (2) "Governmental entity" means:
612-12 (A) the state;
612-13 (B) a municipality, county, public school
612-14 district, or special-purpose district or authority;
612-15 (C) a district, county, or justice of the peace
612-16 court;
612-17 (D) a board, commission, department, office, or
612-18 other agency in the executive branch of state government, including
612-19 an institution of higher education as defined by Section 61.003,
612-20 Education Code;
612-21 (E) the legislature or a legislative agency; or
612-22 (F) the Supreme Court of Texas, the Texas Court
612-23 of Criminal Appeals, a court of appeals, or the State Bar of Texas
612-24 or another judicial agency having statewide jurisdiction.
612-25 (3) "Nonresident bidder" refers to a person who is not
612-26 a resident.
612-27 (4) "Resident bidder" refers to a person whose
613-1 principal place of business is in this state, including a
613-2 contractor whose ultimate parent company or majority owner has its
613-3 principal place of business in this state. (V.A.C.S. Art. 601g,
613-4 Sec. 1(a).)
613-5 Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A
613-6 governmental entity may not award a governmental contract to a
613-7 nonresident bidder unless the nonresident underbids the lowest bid
613-8 submitted by a responsible resident bidder by an amount that is not
613-9 less than the amount by which a resident bidder would be required
613-10 to underbid the nonresident bidder to obtain a comparable contract
613-11 in the state in which the nonresident's principal place of business
613-12 is located. (V.A.C.S. Art. 601g, Sec. 1(b) (part).)
613-13 Sec. 2252.003. PUBLICATION OF OTHER STATES' LAWS ON
613-14 CONTRACTS. (a) The General Services Commission annually shall
613-15 publish in the Texas Register:
613-16 (1) a list showing each state that regulates the award
613-17 of a governmental contract to a bidder whose principal place of
613-18 business is not located in that state; and
613-19 (2) the citation to and a summary of each state's most
613-20 recent law or regulation relating to the evaluation of a bid from
613-21 and award of a contract to a bidder whose principal place of
613-22 business is not located in that state.
613-23 (b) A governmental entity shall use the information
613-24 published under this section to evaluate the bid of a nonresident
613-25 bidder. A governmental entity may rely on information published
613-26 under this section to meet the requirements of Section 2252.002.
613-27 (V.A.C.S. Art. 601g, Sec. 1(b) (part).)
614-1 Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS. This
614-2 chapter does not apply to a contract involving federal funds.
614-3 (V.A.C.S. Art. 601g, Sec. 1(c).)
614-4 (Sections 2252.005 to 2252.030 reserved for expansion)
614-5 SUBCHAPTER B. INTEREST ON RETAINED PUBLIC WORKS CONTRACT PAYMENTS
614-6 Sec. 2252.031. DEFINITIONS. In this subchapter:
614-7 (1) "Governmental entity" means:
614-8 (A) the state, a county, or a municipality;
614-9 (B) a department, board, or agency of the state,
614-10 a county, or a municipality;
614-11 (C) a school district or a subdivision of a
614-12 school district; or
614-13 (D) any other governmental or quasi-governmental
614-14 authority authorized by statute to make a public works contract.
614-15 (2) "Prime contractor" means a person or persons,
614-16 firm, or corporation contracting with a governmental entity for a
614-17 public work.
614-18 (3) "Public works" includes the construction,
614-19 alteration, or repair of a public building or the construction or
614-20 completion of a public work.
614-21 (4) "Public works contract payment" means a payment by
614-22 a governmental entity for the value of labor, material, machinery,
614-23 fixtures, tools, power, water, fuel, or lubricants used or
614-24 consumed, ordered and delivered for use or consumption, or
614-25 specially fabricated for use or consumption but not yet delivered,
614-26 in the direct performance of a public works contract.
614-27 (5) "Retainage" means the part of a public works
615-1 contract payment withheld by a governmental entity to secure
615-2 performance of the contract. (V.A.C.S. Art. 6252-5b, Sec. 1.)
615-3 Sec. 2252.032. RETAINAGE. A governmental entity shall:
615-4 (1) deposit in an interest-bearing account the
615-5 retainage of a public works contract that provides for retainage of
615-6 more than five percent of the periodic contract payment; and
615-7 (2) pay the interest earned on the retainage to the
615-8 prime contractor on completion of the contract. (V.A.C.S. Art.
615-9 6252-5b, Sec. 2.)
615-10 Sec. 2252.033. EXEMPTIONS. This chapter does not apply to:
615-11 (1) a public works contract executed before August 31,
615-12 1981;
615-13 (2) a public works contract in which the total
615-14 contract price estimate at the time of execution of the contract is
615-15 less than $400,000; or
615-16 (3) a public works contract made by the Texas
615-17 Department of Transportation under Chapter 186, General Laws, Acts
615-18 of the 39th Legislature, Regular Session, 1925 (Article 6674a et
615-19 seq., Vernon's Texas Civil Statutes). (V.A.C.S. Art. 6252-5b,
615-20 Sec. 3 (part).)
615-21 (Sections 2252.034 to 2252.060 reserved for expansion)
615-22 SUBCHAPTER C. PRIVATE AUXILIARY ENTERPRISE PROVIDING SERVICES TO
615-23 STATE AGENCIES OR INSTITUTIONS OF HIGHER EDUCATION
615-24 Sec. 2252.061. DEFINITIONS. In this subchapter:
615-25 (1) "Auxiliary enterprise" means a business activity
615-26 that is conducted at a state agency, provides a service to the
615-27 agency, and is not paid for with appropriated money.
616-1 (2) "Contractor" means an individual, association,
616-2 corporation, or other business entity that operates an auxiliary
616-3 enterprise or performs a service of the auxiliary enterprise.
616-4 (3) "State agency" includes a state-supported
616-5 institution of higher education. (V.A.C.S. Art. 6252-5c, Sec. 1;
616-6 New.)
616-7 Sec. 2252.062. FINANCIAL STATEMENT. A contractor must
616-8 present at the time of contracting with a state agency a financial
616-9 statement prepared by a certified public accountant. (V.A.C.S.
616-10 Art. 6252-5c, Sec. 2.)
616-11 Sec. 2252.063. PAYMENT STATEMENT. (a) A contractor must
616-12 provide to the contracting state agency payment statements derived
616-13 from sales tax reports.
616-14 (b) The contractor annually must provide the payment
616-15 statements in accordance with the requirements of the state agency.
616-16 (c) A payment statement must be certified by a certified
616-17 public accountant licensed in this state. (V.A.C.S. Art. 6252-5c,
616-18 Sec. 3.)
616-19 Sec. 2252.064. PERFORMANCE BOND. (a) A contractor shall
616-20 execute a bond issued by a surety company authorized to do business
616-21 in this state in an amount determined by the contracting state
616-22 agency, but not to exceed the contract price.
616-23 (b) The bond must be payable to the state and conditioned on
616-24 the faithful performance of the terms of the contract. (V.A.C.S.
616-25 Art. 6252-5c, Sec. 4.)
616-26 CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS
616-27 SUBCHAPTER A. GENERAL PROVISIONS
617-1 Sec. 2253.001. DEFINITIONS
617-2 (Sections 2253.002 to 2253.020 reserved for expansion)
617-3 SUBCHAPTER B. GENERAL REQUIREMENTS; LIABILITY
617-4 Sec. 2253.021. PERFORMANCE AND PAYMENT BONDS REQUIRED
617-5 Sec. 2253.022. BOND PROHIBITED FOR CONTRACT OF $25,000
617-6 OR LESS
617-7 Sec. 2253.023. ATTEMPTED COMPLIANCE
617-8 Sec. 2253.024. INFORMATION FROM CONTRACTOR OR SUBCONTRACTOR
617-9 Sec. 2253.025. INFORMATION FROM PAYMENT BOND BENEFICIARY
617-10 Sec. 2253.026. COPY OF PAYMENT BOND AND CONTRACT
617-11 Sec. 2253.027. LIABILITY OF GOVERNMENTAL ENTITY
617-12 (Sections 2253.028 to 2253.040 reserved for expansion)
617-13 SUBCHAPTER C. NOTICE REQUIREMENTS
617-14 Sec. 2253.041. NOTICE REQUIRED FOR CLAIM FOR PAYMENT FOR
617-15 LABOR OR MATERIAL
617-16 Sec. 2253.042. COPY OF AGREEMENT AS NOTICE OF CLAIM FOR UNPAID
617-17 LABOR OR MATERIAL
617-18 Sec. 2253.043. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
617-19 WHEN WRITTEN AGREEMENT DOES NOT EXIST
617-20 Sec. 2253.044. NOTICE OF CLAIM FOR MULTIPLE ITEMS OF LABOR
617-21 OR MATERIAL
617-22 Sec. 2253.045. NOTICE OF CLAIM FOR UNPAID LABOR
617-23 OR MATERIAL UNDER WRITTEN UNIT PRICE
617-24 AGREEMENT
617-25 Sec. 2253.046. NOTICE REQUIRED FOR CLAIM FOR PAYMENT OF
617-26 RETAINAGE
617-27 Sec. 2253.047. ADDITIONAL NOTICE REQUIRED FOR PAYMENT BOND
618-1 BENEFICIARY WITHOUT DIRECT CONTRACTUAL
618-2 RELATIONSHIP WITH PRIME CONTRACTOR
618-3 Sec. 2253.048. MAILING NOTICE
618-4 (Sections 2253.049 to 2253.070 reserved for expansion)
618-5 SUBCHAPTER D. CLAIMS ON BONDS; ENFORCEMENT
618-6 Sec. 2253.071. TERMINATION OR ABANDONMENT OF CONTRACT;
618-7 PROCEEDS OF CONTRACT
618-8 Sec. 2253.072. STATE NOT LIABLE FOR COSTS
618-9 Sec. 2253.073. SUIT ON PAYMENT BOND
618-10 Sec. 2253.074. COSTS AND ATTORNEY FEES
618-11 Sec. 2253.075. ASSIGNMENT OF CLAIM
618-12 Sec. 2253.076. LIMITATIONS ON CERTAIN CLAIMS;
618-13 MAXIMUM RETAINAGE
618-14 Sec. 2253.077. VENUE
618-15 Sec. 2253.078. STATUTE OF LIMITATIONS
618-16 Sec. 2253.079. CRIMINAL OFFENSE FOR FALSE
618-17 AND FRAUDULENT CLAIM
618-18 CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS
618-19 SUBCHAPTER A. GENERAL PROVISIONS
618-20 Sec. 2253.001. DEFINITIONS. In this chapter:
618-21 (1) "Governmental entity" means a governmental or
618-22 quasi-governmental authority authorized by state law to make a
618-23 public work contract, including:
618-24 (A) the state, a county, or a municipality;
618-25 (B) a department, board, or agency of the state,
618-26 a county, or a municipality; and
618-27 (C) a school district or a subdivision of a
619-1 school district.
619-2 (2) "Payment bond beneficiary" means a person for
619-3 whose protection and use this chapter requires a payment bond.
619-4 (3) "Prime contractor" means a person, firm, or
619-5 corporation that makes a public work contract with a governmental
619-6 entity.
619-7 (4) "Public work contract" means a contract for
619-8 constructing, altering, or repairing a public building or carrying
619-9 out or completing any public work.
619-10 (5) "Public work labor" means labor used directly to
619-11 carry out a public work.
619-12 (6) "Public work material" means:
619-13 (A) material used, or ordered and delivered for
619-14 use, directly to carry out a public work;
619-15 (B) specially fabricated material;
619-16 (C) reasonable rental and actual running repair
619-17 costs for construction equipment used, or reasonably required and
619-18 delivered for use, directly to carry out work at the project site;
619-19 or
619-20 (D) power, water, fuel, and lubricants used, or
619-21 ordered and delivered for use, directly to carry out a public work.
619-22 (7) "Retainage" means the part of the payments under a
619-23 public work contract that are not required to be paid within the
619-24 month after the month in which the public work labor is performed
619-25 or public work material is delivered under the contract.
619-26 (8) "Specially fabricated material" means material
619-27 ordered by a prime contractor or subcontractor that is:
620-1 (A) specially fabricated for use in a public
620-2 work; and
620-3 (B) reasonably unsuitable for another use.
620-4 (9) "Subcontractor" means a person, firm, or
620-5 corporation that provides public work labor or material to fulfill
620-6 an obligation to a prime contractor or to a contractor of the prime
620-7 contractor for the performance and installation of any of the work
620-8 required by a public work contract. (V.A.C.S. Art. 5160, Secs. A
620-9 (part), B (part), C (part); New.)
620-10 (Sections 2253.002 to 2253.020 reserved for expansion)
620-11 SUBCHAPTER B. GENERAL REQUIREMENTS; LIABILITY
620-12 Sec. 2253.021. PERFORMANCE AND PAYMENT BONDS REQUIRED.
620-13 (a) A governmental entity that makes a public work contract for
620-14 more than $25,000 with a prime contractor shall require the
620-15 contractor, before beginning the work, to execute to the
620-16 governmental entity a performance bond and a payment bond.
620-17 (b) The performance bond is:
620-18 (1) solely for the protection of the state or
620-19 governmental entity awarding the public work contract;
620-20 (2) in the amount of the contract; and
620-21 (3) conditioned on the faithful performance of the
620-22 work in accordance with the plans, specifications, and contract
620-23 documents.
620-24 (c) The payment bond is:
620-25 (1) solely for the protection and use of payment bond
620-26 beneficiaries who have a direct contractual relationship with the
620-27 prime contractor or a subcontractor to supply public work labor or
621-1 material; and
621-2 (2) in the amount of the contract.
621-3 (d) A bond required by this section must be executed by a
621-4 corporate surety in accordance with Section 1, Chapter 87, Acts of
621-5 the 56th Legislature, Regular Session, 1959 (Article 7.19-1,
621-6 Vernon's Texas Insurance Code).
621-7 (e) A bond executed for a public work contract with the
621-8 state or a department, board, or agency of the state must be
621-9 payable to the state and its form must be approved by the attorney
621-10 general. A bond executed for a public work contract with another
621-11 governmental entity must be payable to and its form must be
621-12 approved by the awarding governmental entity. (V.A.C.S. Art. 5160,
621-13 Secs. A (part), C (part).)
621-14 Sec. 2253.022. BOND PROHIBITED FOR CONTRACT OF $25,000 OR
621-15 LESS. A governmental entity may not require a bond for a public
621-16 work contract for $25,000 or less. (V.A.C.S. Art. 5160, Sec. A
621-17 (part).)
621-18 Sec. 2253.023. ATTEMPTED COMPLIANCE. (a) A bond furnished
621-19 by a prime contractor in an attempt to comply with this chapter
621-20 shall be construed to comply with this chapter regarding the rights
621-21 created, limitations on those rights, and remedies provided.
621-22 (b) A provision in a bond furnished by a prime contractor in
621-23 an attempt to comply with this chapter that expands or restricts a
621-24 right or liability under this chapter shall be disregarded, and
621-25 this chapter shall apply to that bond. (V.A.C.S. Art. 5160, Sec. A
621-26 (part).)
621-27 Sec. 2253.024. INFORMATION FROM CONTRACTOR OR SUBCONTRACTOR.
622-1 (a) A prime contractor, on the written request of a person who
622-2 provides public work labor or material and when required by
622-3 Subsection (c), shall provide to the person:
622-4 (1) the name and last known address of the
622-5 governmental entity with whom the prime contractor contracted for
622-6 the public work; and
622-7 (2) a copy of the payment and performance bonds for
622-8 the public work, including bonds furnished by or to the prime
622-9 contractor.
622-10 (b) A subcontractor, on the written request of a
622-11 governmental entity, the prime contractor, a surety on a bond that
622-12 covers the public work contract, or a person providing work under
622-13 the subcontract and when required by Subsection (c), shall provide
622-14 to the person requesting the information:
622-15 (1) the name and last known address of each person
622-16 from whom the subcontractor purchased public work labor or
622-17 material, other than public work material from the subcontractor's
622-18 inventory;
622-19 (2) the name and last known address of each person to
622-20 whom the subcontractor provided public work labor or material;
622-21 (3) a statement of whether the subcontractor furnished
622-22 a bond for the benefit of its subcontractors and materialmen;
622-23 (4) the name and last known address of the surety on
622-24 the bond the subcontractor furnished; and
622-25 (5) a copy of that bond.
622-26 (c) Information requested shall be provided within a
622-27 reasonable time but not later than the 10th day after the receipt
623-1 of the written request for the information.
623-2 (d) A person from whom information is requested may require
623-3 payment of the actual cost, not to exceed $25, for providing the
623-4 requested information if the person does not have a direct
623-5 contractual relationship with the person requesting information
623-6 that relates to the public work.
623-7 (e) A person who fails to provide information required by
623-8 this section is liable to the requesting person for that person's
623-9 reasonable and necessary costs incurred in getting the requested
623-10 information. (V.A.C.S. Art. 5160, Secs. I(a), (b), (d), (e).)
623-11 Sec. 2253.025. INFORMATION FROM PAYMENT BOND BENEFICIARY.
623-12 (a) A payment bond beneficiary, not later than the 30th day after
623-13 the date the beneficiary receives a written request from the prime
623-14 contractor or a surety on a bond on which a claim is made, shall
623-15 provide to the contractor or surety:
623-16 (1) a copy of any applicable written agreement or
623-17 purchase order; and
623-18 (2) any statement or payment request of the
623-19 beneficiary that shows the amount claimed and the work performed by
623-20 the beneficiary for which the claim is made.
623-21 (b) If requested, the payment bond beneficiary shall provide
623-22 the estimated amount due for each calendar month in which the
623-23 beneficiary performed public work labor or provided public work
623-24 material. (V.A.C.S. Art. 5160, Sec. I(c).)
623-25 Sec. 2253.026. COPY OF PAYMENT BOND AND CONTRACT. (a) A
623-26 governmental entity shall furnish a certified copy of a payment
623-27 bond and the public work contract for which the bond was given to
624-1 any person who applies for the copy and who submits an affidavit
624-2 that the person:
624-3 (1) has supplied public work labor or material for
624-4 which the person has not been paid;
624-5 (2) has contracted for specially fabricated material
624-6 for which the person has not been paid; or
624-7 (3) is being sued on a payment bond.
624-8 (b) The copy of the payment bond or public work contract is
624-9 prima facie evidence of the content, execution, and delivery of the
624-10 original.
624-11 (c) An applicant under this section shall pay any reasonable
624-12 fee set by the governmental entity for the actual cost of
624-13 preparation of the copies. (V.A.C.S. Art. 5160, Sec. F.)
624-14 Sec. 2253.027. LIABILITY OF GOVERNMENTAL ENTITY. If a
624-15 governmental entity fails to obtain from a prime contractor a
624-16 payment bond as required by Section 2253.021:
624-17 (1) the entity is subject to the same liability that a
624-18 surety would have if the surety had issued a payment bond and if
624-19 the entity had obtained the bond; and
624-20 (2) a payment bond beneficiary is entitled to a lien
624-21 on money due to the prime contractor in the same manner and to the
624-22 same extent as if the public work contract were subject to
624-23 Subchapter J, Chapter 53, Property Code. (V.A.C.S. Art. 5160, Sec.
624-24 A (part).)
624-25 (Sections 2253.028 to 2253.040 reserved for expansion)
624-26 SUBCHAPTER C. NOTICE REQUIREMENTS
624-27 Sec. 2253.041. NOTICE REQUIRED FOR CLAIM FOR PAYMENT FOR
625-1 LABOR OR MATERIAL. (a) To recover in a suit under Section
625-2 2253.073 on a payment bond for a claim for payment for public work
625-3 labor performed or public work material delivered, a payment bond
625-4 beneficiary must mail to the prime contractor and the surety
625-5 written notice of the claim.
625-6 (b) The notice must be mailed on or before the 15th day of
625-7 the third month after each month in which any of the claimed labor
625-8 was performed or any of the claimed material was delivered.
625-9 (c) The notice must be accompanied by a sworn statement of
625-10 account that states in substance:
625-11 (1) the amount claimed is just and correct; and
625-12 (2) all just and lawful offsets, payments, and credits
625-13 known to the affiant have been allowed.
625-14 (d) The statement of account shall include the amount of any
625-15 retainage applicable to the account that has not become due under
625-16 the terms of the public work contract between the payment bond
625-17 beneficiary and the prime contractor or between the payment bond
625-18 beneficiary and a subcontractor. (V.A.C.S. Art. 5160, Sec. B
625-19 (part).)
625-20 Sec. 2253.042. COPY OF AGREEMENT AS NOTICE OF CLAIM FOR
625-21 UNPAID LABOR OR MATERIAL. A payment bond beneficiary has the
625-22 option to enclose with the sworn statement of account, as the
625-23 notice for a claim under a written agreement for payment for public
625-24 work labor performed or public work material delivered, a copy of
625-25 the written agreement and a statement of the completion or the
625-26 value of partial completion of the agreement. (V.A.C.S. Art. 5160,
625-27 Sec. B (part).)
626-1 Sec. 2253.043. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
626-2 WHEN WRITTEN AGREEMENT DOES NOT EXIST. (a) Except as provided by
626-3 Section 2253.044, if a written agreement does not exist between the
626-4 payment bond beneficiary and the prime contractor or between the
626-5 payment bond beneficiary and the subcontractor, the notice for a
626-6 claim for unpaid bills must contain:
626-7 (1) the name of the party for whom the public work
626-8 labor was performed or to whom the public work material was
626-9 delivered;
626-10 (2) the approximate date of performance or delivery;
626-11 (3) a description of the public work labor or material
626-12 for reasonable identification; and
626-13 (4) the amount due.
626-14 (b) The payment bond beneficiary must generally itemize the
626-15 claim and include with it copies of documents, invoices, or orders
626-16 that reasonably identify:
626-17 (1) the public work labor performed or public work
626-18 material delivered for which the claim is made;
626-19 (2) the job; and
626-20 (3) the destination of delivery. (V.A.C.S. Art. 5160,
626-21 Sec. B (part).)
626-22 Sec. 2253.044. NOTICE OF CLAIM FOR MULTIPLE ITEMS OF LABOR
626-23 OR MATERIAL. The notice for a claim for lump-sum payment for
626-24 multiple items of public work labor or material must:
626-25 (1) describe the labor or material in a manner that
626-26 reasonably identifies the labor or material;
626-27 (2) state the name of the party for whom the labor was
627-1 performed or to whom the material was delivered;
627-2 (3) state the approximate date of performance or
627-3 delivery;
627-4 (4) state whether the contract is written or oral;
627-5 (5) state the amount of the contract; and
627-6 (6) state the amount claimed. (V.A.C.S. Art. 5160,
627-7 Sec. B (part).)
627-8 Sec. 2253.045. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
627-9 UNDER WRITTEN UNIT PRICE AGREEMENT. The notice for a claim for
627-10 public work labor performed or public work material delivered by a
627-11 payment bond beneficiary who is a subcontractor or materialman to
627-12 the prime contractor or to a subcontractor and who has a written
627-13 unit price agreement that is wholly or partially completed is
627-14 sufficient if the beneficiary attaches to the sworn statement of
627-15 account:
627-16 (1) a list of units and unit prices set by the
627-17 contract; and
627-18 (2) a statement of those completed and partially
627-19 completed units. (V.A.C.S. Art. 5160, Sec. B (part).)
627-20 Sec. 2253.046. NOTICE REQUIRED FOR CLAIM FOR PAYMENT OF
627-21 RETAINAGE. (a) To recover in a suit under Section 2253.073 on a
627-22 payment bond for a claim for payment of retainage, a payment bond
627-23 beneficiary whose contract with a prime contractor or subcontractor
627-24 provides for retainage must mail written notice of the claim to the
627-25 prime contractor and the surety on or before the 90th day after the
627-26 date of final completion of the public work contract.
627-27 (b) The notice shall consist of a statement of:
628-1 (1) the amount of the contract;
628-2 (2) any amount paid; and
628-3 (3) the outstanding balance.
628-4 (c) Notice of a claim for payment of retainage is not
628-5 required if the amount claimed is part of a prior claim made under
628-6 this subchapter. (V.A.C.S. Art. 5160, Sec. B (part).)
628-7 Sec. 2253.047. ADDITIONAL NOTICE REQUIRED FOR PAYMENT BOND
628-8 BENEFICIARY WITHOUT DIRECT CONTRACTUAL RELATIONSHIP WITH PRIME
628-9 CONTRACTOR. (a) To recover in a suit under Section 2253.073 on a
628-10 payment bond, a payment bond beneficiary who does not have a direct
628-11 contractual relationship with the prime contractor for public work
628-12 labor or material must mail notice as required by this section.
628-13 (b) A payment bond beneficiary who contracts with a
628-14 subcontractor for retainage must mail, on or before the 15th day of
628-15 the second month after the date of the beginning of the delivery of
628-16 public work material or the performance of public work labor,
628-17 written notice to the prime contractor that:
628-18 (1) the contract provides for retainage; and
628-19 (2) generally indicates the nature of the retainage.
628-20 (c) The payment bond beneficiary must mail to the prime
628-21 contractor written notice of a claim for any unpaid public work
628-22 labor performed or public work material delivered. The notice must
628-23 be mailed on or before the 15th day of the second month after each
628-24 month in which the labor was performed or the material was
628-25 delivered. A copy of the statement sent to a subcontractor is
628-26 sufficient as notice under this subsection.
628-27 (d) The payment bond beneficiary must mail to the prime
629-1 contractor, on or before the 15th day of the second month after the
629-2 receipt and acceptance of an order for specially fabricated
629-3 material, written notice that the order has been received and
629-4 accepted.
629-5 (e) This section applies only to a payment bond beneficiary
629-6 who is not an individual mechanic or laborer and who makes a claim
629-7 for wages. (V.A.C.S. Art. 5160, Sec. B (part).)
629-8 Sec. 2253.048. MAILING NOTICE. (a) A notice required by
629-9 this subchapter to be mailed must be sent by certified or
629-10 registered mail.
629-11 (b) A notice required by this subchapter to be mailed to a
629-12 prime contractor must be addressed to the prime contractor at the
629-13 contractor's residence or last known business address. (V.A.C.S.
629-14 Art. 5160, Sec. B (part).)
629-15 (Sections 2253.049 to 2253.070 reserved for expansion)
629-16 SUBCHAPTER D. CLAIMS ON BONDS; ENFORCEMENT
629-17 Sec. 2253.071. TERMINATION OR ABANDONMENT OF CONTRACT;
629-18 PROCEEDS OF CONTRACT. (a) The proceeds of a public work contract
629-19 are not payable, until all costs of completion of the contract work
629-20 are paid by the contractor or the contractor's surety, to a
629-21 contractor who furnishes a bond required by this chapter if:
629-22 (1) the contractor abandons performance of the
629-23 contract; or
629-24 (2) the contractor's right to proceed with performance
629-25 of the contract is lawfully terminated by the awarding governmental
629-26 entity because of the contractor's default.
629-27 (b) The balance of the public work contract proceeds
630-1 remaining after the costs of completion are paid shall be paid
630-2 according to the contractor's and the surety's interests as may be
630-3 established by agreement or by judgment of a court.
630-4 (c) A surety that completes a public work contract or incurs
630-5 a loss under a performance bond required under this chapter has a
630-6 claim to the proceeds of the contract prior to all other creditors
630-7 of the prime contractor to the full extent of the surety's loss.
630-8 That priority does not excuse the surety from paying an obligation
630-9 under a payment bond. (V.A.C.S. Art. 5160, Sec. E.)
630-10 Sec. 2253.072. STATE NOT LIABLE FOR COSTS. The state is not
630-11 liable for payment of a cost or expense of a suit brought by any
630-12 party on a payment bond furnished under this chapter. (V.A.C.S.
630-13 Art. 5160, Sec. G (part).)
630-14 Sec. 2253.073. SUIT ON PAYMENT BOND. (a) A payment bond
630-15 beneficiary who has provided public work labor or material under a
630-16 public work contract for which a payment bond is furnished under
630-17 this chapter may sue the principal or surety, jointly or severally,
630-18 on the payment bond if the claim is not paid before the 61st day
630-19 after the date the notice for the claim is mailed.
630-20 (b) Suit may be brought under Subsection (a) for:
630-21 (1) the unpaid balance of the beneficiary's claim at
630-22 the time the claim was mailed or the suit is brought; and
630-23 (2) reasonable attorney fees. (V.A.C.S. Art. 5160,
630-24 Sec. B (part).)
630-25 Sec. 2253.074. COSTS AND ATTORNEY FEES. A court may award
630-26 costs and reasonable attorney fees that are equitable in a
630-27 proceeding to enforce a claim on a payment bond or to declare that
631-1 any part of a claim is invalid. (V.A.C.S. Art. 5160, Sec. H.)
631-2 Sec. 2253.075. ASSIGNMENT OF CLAIM. A third party to whom a
631-3 claim is assigned is in the same position as a payment bond
631-4 beneficiary if notice is given as required by this chapter.
631-5 (V.A.C.S. Art. 5160, Sec. C (part).)
631-6 Sec. 2253.076. LIMITATIONS ON CERTAIN CLAIMS; MAXIMUM
631-7 RETAINAGE. (a) The amount of a subcontractor's claim, including
631-8 previous payments, may not exceed the proportion of the subcontract
631-9 price that the work done bears to the total of the work covered by
631-10 the subcontract.
631-11 (b) A claim for specially fabricated material that has not
631-12 been delivered or incorporated into the public work is limited to
631-13 material that conforms to and complies with the plans,
631-14 specifications, and contract documents for the material. The
631-15 amount of the claim may not exceed the reasonable cost, less the
631-16 fair salvage value, of the specially fabricated material.
631-17 (c) A claim for retainage in a notice under this subchapter
631-18 is not valid for an amount greater than the amount of retainage
631-19 specified in the public work contract between the payment bond
631-20 beneficiary and the prime contractor or between the payment bond
631-21 beneficiary and the subcontractor. A claim for retainage is never
631-22 valid for an amount greater than 10 percent of the amount of that
631-23 contract. (V.A.C.S. Art. 5160, Secs. B (part), C (part).)
631-24 Sec. 2253.077. VENUE. A suit under this chapter shall be
631-25 brought in a court in a county in which any part of the public work
631-26 is located. (V.A.C.S. Art. 5160, Sec. G (part).)
631-27 Sec. 2253.078. STATUTE OF LIMITATIONS. (a) A suit on a
632-1 performance bond may not be brought after the first anniversary of
632-2 the date of final completion, abandonment, or termination of the
632-3 public work contract.
632-4 (b) A suit on a payment bond may not be brought by a payment
632-5 bond beneficiary after the first anniversary of the date notice for
632-6 a claim is mailed under this chapter. (V.A.C.S. Art. 5160, Sec. G
632-7 (part).)
632-8 Sec. 2253.079. CRIMINAL OFFENSE FOR FALSE AND FRAUDULENT
632-9 CLAIM. (a) A person commits an offense if the person wilfully
632-10 files a false and fraudulent claim under this chapter.
632-11 (b) An offense under this section is subject to the penalty
632-12 for false swearing. (V.A.C.S. Art. 5160, Sec. D.)
632-13 CHAPTER 2254. PROFESSIONAL AND CONSULTING SERVICES
632-14 SUBCHAPTER A. PROFESSIONAL SERVICES
632-15 Sec. 2254.001. SHORT TITLE
632-16 Sec. 2254.002. DEFINITIONS
632-17 Sec. 2254.003. SELECTION OF PROVIDER; FEES
632-18 Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
632-19 ARCHITECT OR ENGINEER
632-20 Sec. 2254.005. VOID CONTRACT
632-21 (Sections 2254.006 to 2254.020 reserved for expansion)
632-22 SUBCHAPTER B. CONSULTING SERVICES
632-23 Sec. 2254.021. DEFINITIONS
632-24 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER
632-25 Sec. 2254.023. APPLICABILITY OF SUBCHAPTER
632-26 Sec. 2254.024. EXEMPTIONS
632-27 Sec. 2254.025. EMERGENCY WAIVER
633-1 Sec. 2254.026. CONTRACT WITH PRIVATE CONSULTANT
633-2 Sec. 2254.027. SELECTION OF PRIVATE CONSULTANT
633-3 Sec. 2254.028. NOTICE OF INTENT: MAJOR CONSULTING
633-4 SERVICES CONTRACT
633-5 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
633-6 INTO MAJOR CONSULTING SERVICES CONTRACT
633-7 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
633-8 INTO MAJOR CONSULTING SERVICES CONTRACT
633-9 Sec. 2254.031. RENEWAL; AMENDMENT; EXTENSION
633-10 Sec. 2254.032. CONFLICTS OF INTEREST
633-11 Sec. 2254.033. RESTRICTION ON FORMER EMPLOYEES OF A
633-12 STATE AGENCY
633-13 Sec. 2254.034. CONTRACT VOID
633-14 Sec. 2254.035. DIVIDING CONTRACTS
633-15 Sec. 2254.036. ARCHIVES
633-16 Sec. 2254.037. REPORTS
633-17 Sec. 2254.038. MIXED CONTRACTS
633-18 Sec. 2254.039. COMPTROLLER'S RULES
633-19 Sec. 2254.040. PROCUREMENT BY GENERAL SERVICES COMMISSION
633-20 CHAPTER 2254. PROFESSIONAL AND CONSULTING SERVICES
633-21 SUBCHAPTER A. PROFESSIONAL SERVICES
633-22 Sec. 2254.001. SHORT TITLE. This subchapter may be cited as
633-23 the Professional Services Procurement Act. (V.A.C.S. Art. 664-4,
633-24 Sec. 1.)
633-25 Sec. 2254.002. DEFINITIONS. In this subchapter:
633-26 (1) "Governmental entity" means:
633-27 (A) a state agency or department;
634-1 (B) a district, authority, county, municipality,
634-2 or other political subdivision of the state; or
634-3 (C) a publicly owned utility.
634-4 (2) "Professional services" means services:
634-5 (A) within the scope of the practice, as defined
634-6 by state law, of:
634-7 (i) accounting;
634-8 (ii) architecture;
634-9 (iii) land surveying;
634-10 (iv) medicine;
634-11 (v) optometry; or
634-12 (vi) professional engineering; or
634-13 (B) provided in connection with the professional
634-14 employment or practice of a person who is licensed as:
634-15 (i) a certified public accountant;
634-16 (ii) an architect;
634-17 (iii) a land surveyor;
634-18 (iv) a physician, including a surgeon;
634-19 (v) an optometrist; or
634-20 (vi) a professional engineer. (V.A.C.S.
634-21 Art. 664-4, Sec. 2; New.)
634-22 Sec. 2254.003. SELECTION OF PROVIDER; FEES. (a) A
634-23 governmental entity may not select a provider of professional
634-24 services or a group or association of providers or award a contract
634-25 for the services on the basis of competitive bids submitted for the
634-26 contract or for the services, but shall make the selection and
634-27 award:
635-1 (1) on the basis of demonstrated competence and
635-2 qualifications to perform the services; and
635-3 (2) for a fair and reasonable price.
635-4 (b) The professional fees under the contract:
635-5 (1) must be consistent with and not higher than the
635-6 recommended practices and fees published by the applicable
635-7 professional associations; and
635-8 (2) may not exceed any maximum provided by law.
635-9 (V.A.C.S. Art. 664-4, Sec. 3.)
635-10 Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
635-11 ARCHITECT OR ENGINEER. (a) In procuring architectural or
635-12 engineering services, a governmental entity shall:
635-13 (1) first select the most highly qualified provider of
635-14 those services on the basis of demonstrated competence and
635-15 qualifications; and
635-16 (2) then attempt to negotiate with that provider a
635-17 contract at a fair and reasonable price.
635-18 (b) If a satisfactory contract cannot be negotiated with the
635-19 most highly qualified provider of architectural or engineering
635-20 services, the entity shall:
635-21 (1) formally end negotiations with that provider;
635-22 (2) select the next most highly qualified provider;
635-23 and
635-24 (3) attempt to negotiate a contract with that provider
635-25 at a fair and reasonable price.
635-26 (c) The entity shall continue the process described in
635-27 Subsection (b) to select and negotiate with providers until a
636-1 contract is entered into. (V.A.C.S. Art. 664-4, Sec. 3A.)
636-2 Sec. 2254.005. VOID CONTRACT. A contract entered into or an
636-3 arrangement made in violation of this subchapter is void as against
636-4 public policy. (V.A.C.S. Art. 664-4, Sec. 4.)
636-5 (Sections 2254.006 to 2254.020 reserved for expansion)
636-6 SUBCHAPTER B. CONSULTING SERVICES
636-7 Sec. 2254.021. DEFINITIONS. In this subchapter:
636-8 (1) "Consulting service" means the service of studying
636-9 or advising a state agency under a contract that does not involve
636-10 the traditional relationship of employer and employee.
636-11 (2) "Major consulting services contract" means a
636-12 consulting services contract for which it is reasonably foreseeable
636-13 that the value of the contract will exceed $10,000.
636-14 (3) "Private consultant" means a person that provides
636-15 or proposes to provide a consulting service.
636-16 (4) "State agency" means a state department,
636-17 commission, board, office, institution, facility, or other agency
636-18 the jurisdiction of which is not limited to a geographical portion
636-19 of the state. The term includes a university system and an
636-20 institution of higher education, other than a public junior
636-21 college, as those terms are defined by Section 61.003, Education
636-22 Code. (V.A.C.S. Art. 6252-11c, Sec. 1; New.)
636-23 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
636-24 subchapter shall be interpreted to ensure:
636-25 (1) the greatest and fairest competition in the
636-26 selection by state agencies of private consultants; and
636-27 (2) the giving of notice to all potential private
637-1 consultants of the need for and opportunity to provide consulting
637-2 services.
637-3 (b) This subchapter does not:
637-4 (1) discourage state agencies from using private
637-5 consultants if the agencies reasonably foresee that the use of
637-6 private consultants will produce a more efficient and less costly
637-7 operation or project;
637-8 (2) prohibit the making of a sole-source contract for
637-9 consulting services if a proposal is not received from a competent,
637-10 knowledgeable, and qualified private consultant at a reasonable
637-11 fee, after compliance with this subchapter; or
637-12 (3) require or prohibit the use of competitive bidding
637-13 procedures to purchase consulting services. (V.A.C.S. Art.
637-14 6252-11c, Sec. 16.)
637-15 Sec. 2254.023. APPLICABILITY OF SUBCHAPTER. This subchapter
637-16 applies to consulting services that a state agency acquires with
637-17 money:
637-18 (1) appropriated by the legislature;
637-19 (2) derived from the exercise of the statutory duties
637-20 of a state agency; or
637-21 (3) received from the federal government, unless a
637-22 federal law or regulation conflicts with the application of this
637-23 subchapter. (V.A.C.S. Art. 6252-11c, Sec. 2(b).)
637-24 Sec. 2254.024. EXEMPTIONS. (a) This subchapter does not
637-25 apply to or discourage the use of consulting services provided by:
637-26 (1) practitioners of professional services described
637-27 in Subchapter A;
638-1 (2) private legal counsel;
638-2 (3) investment counselors;
638-3 (4) actuaries;
638-4 (5) medical or dental services providers; or
638-5 (6) other consultants whose services are determined by
638-6 the governing board of a retirement system trust fund to be
638-7 necessary for the governing board to perform its constitutional
638-8 fiduciary duties, except that the governing board shall comply with
638-9 Section 2254.030.
638-10 (b) If the governor, comptroller, and General Services
638-11 Commission consider it more advantageous to the state to procure a
638-12 particular consulting service under the procedures of Article 3,
638-13 State Purchasing and General Services Act (Article 601b, Vernon's
638-14 Texas Civil Statutes), instead of under this subchapter, they may
638-15 make a memorandum of understanding to that effect and each adopt
638-16 the memorandum by rule. Procurement of a consulting service
638-17 described in a memorandum of understanding under this subsection is
638-18 subject only to Article 3, State Purchasing and General Services
638-19 Act (Article 601b, Vernon's Texas Civil Statutes).
638-20 (c) The comptroller by rule may define circumstances in
638-21 which a state agency may procure, without complying with this
638-22 subchapter, certain consulting services that will cost less than a
638-23 minimum amount established by the comptroller. The comptroller
638-24 must determine that noncompliance in those circumstances is more
638-25 cost-effective for the state. (V.A.C.S. Art. 6252-11c, Secs. 2(a),
638-26 (c), (d).)
638-27 Sec. 2254.025. EMERGENCY WAIVER. (a) The governor, after
639-1 receipt of a request complying with this section, may grant a
639-2 limited waiver of the provisions of this subchapter for a state
639-3 agency that requires private consulting services before compliance
639-4 with this subchapter can be completed because of an unforeseen
639-5 emergency.
639-6 (b) A state agency's request for a waiver must include
639-7 information required by the governor, including:
639-8 (1) information about the nature of the emergency;
639-9 (2) the reason that the state agency did not foresee
639-10 the emergency;
639-11 (3) the name of the private consultant with whom the
639-12 agency intends to contract; and
639-13 (4) the amount of the intended contract.
639-14 (c) As soon as possible after the governor grants a limited
639-15 waiver, a state agency shall comply with this subchapter to the
639-16 extent that the requirements of this subchapter are not superfluous
639-17 or ineffective because of the waiver. The agency shall include
639-18 with information filed with the secretary of state for publication
639-19 in the Texas Register a detailed description of the emergency on
639-20 which the request for waiver was predicated.
639-21 (d) The governor shall adopt rules to administer this
639-22 section.
639-23 (e) In this section, "unforeseen emergency" means a
639-24 situation that suddenly and unexpectedly causes a state agency to
639-25 need the services of a private consultant. The term includes the
639-26 issuance of a court order, an actual or imminent natural disaster,
639-27 and new state or federal legislation. An emergency is not
640-1 unforeseen if a state agency was negligent in foreseeing the
640-2 occurrence of the emergency.
640-3 (f) This section applies to all consulting services
640-4 contracts and renewals, amendments, and extensions of consulting
640-5 services contracts. (V.A.C.S. Art. 6252-11c, Sec. 10.)
640-6 Sec. 2254.026. CONTRACT WITH PRIVATE CONSULTANT. A state
640-7 agency may contract with a private consultant only if:
640-8 (1) there is a substantial need for the consulting
640-9 services; and
640-10 (2) the agency cannot adequately perform the services
640-11 with its own personnel or obtain the consulting services through a
640-12 contract with another state agency. (V.A.C.S. Art. 6252-11c,
640-13 Sec. 3(a).)
640-14 Sec. 2254.027. SELECTION OF PRIVATE CONSULTANT. In
640-15 selecting a private consultant, a state agency shall:
640-16 (1) base its choice on demonstrated competence,
640-17 knowledge, and qualifications and on the reasonableness of the
640-18 proposed fee for the services; and
640-19 (2) if other considerations are equal, give preference
640-20 to a private consultant whose principal place of business is in the
640-21 state or who will manage the consulting contract wholly from an
640-22 office in the state. (V.A.C.S. Art. 6252-11c, Sec. 3(b).)
640-23 Sec. 2254.028. NOTICE OF INTENT: MAJOR CONSULTING SERVICES
640-24 CONTRACT. (a) Before entering into a major consulting services
640-25 contract, a state agency shall:
640-26 (1) notify the Legislative Budget Board and the
640-27 governor's Budget and Planning Office that the agency intends to
641-1 contract with a private consultant;
641-2 (2) give information to the Legislative Budget Board
641-3 and the governor's Budget and Planning Office to demonstrate that
641-4 the agency has complied or will comply with Sections 2254.026 and
641-5 2254.027; and
641-6 (3) obtain a finding of fact from the governor's
641-7 Budget and Planning Office that the consulting services are
641-8 necessary.
641-9 (b) A major consulting services contract that a state agency
641-10 enters into without first obtaining the finding required by
641-11 Subsection (a)(3) is void. (V.A.C.S. Art. 6252-11c, Sec. 4.)
641-12 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
641-13 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
641-14 30th day before the date it enters into a major consulting services
641-15 contract, a state agency shall file with the secretary of state for
641-16 publication in the Texas Register:
641-17 (1) an invitation for private consultants to provide
641-18 offers of consulting services;
641-19 (2) the name of the individual who should be contacted
641-20 by a private consultant that intends to make an offer;
641-21 (3) the closing date for the receipt of offers; and
641-22 (4) the procedure by which the state agency will award
641-23 the contract.
641-24 (b) If the consulting services sought by a state agency
641-25 relate to services previously provided by a private consultant, the
641-26 agency shall disclose that fact in the invitation required by
641-27 Subsection (a). If the state agency intends to award the contract
642-1 for the consulting services to a private consultant that previously
642-2 provided the services, unless a better offer is received, the
642-3 agency shall disclose its intention in the invitation required by
642-4 Subsection (a). (V.A.C.S. Art. 6252-11c, Sec. 5.)
642-5 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
642-6 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
642-7 day after the date of entering into a major consulting services
642-8 contract, the state agency shall file with the secretary of state
642-9 for publication in the Texas Register:
642-10 (1) a description of the activities that the private
642-11 consultant will conduct;
642-12 (2) the name and business address of the private
642-13 consultant;
642-14 (3) the total value and the beginning and ending dates
642-15 of the contract; and
642-16 (4) the dates on which documents, films, recordings,
642-17 or reports that the private consultant is required to present to
642-18 the agency are due. (V.A.C.S. Art. 6252-11c, Sec. 6.)
642-19 Sec. 2254.031. RENEWAL; AMENDMENT; EXTENSION. (a) A state
642-20 agency that intends to renew a major consulting services contract
642-21 shall:
642-22 (1) file with the secretary of state for publication
642-23 in the Texas Register the information required by Section 2254.030
642-24 not later than the 10th day after the date the contract is renewed
642-25 if the renewal contract is not a major consulting services
642-26 contract; or
642-27 (2) comply with Sections 2254.028 and 2254.029 if the
643-1 renewal contract is a major consulting services contract.
643-2 (b) A state agency that intends to renew a contract that is
643-3 not a major consulting services contract shall comply with Sections
643-4 2254.028 and 2254.029 if the original contract and the renewal
643-5 contract have a reasonably foreseeable value totaling more than
643-6 $10,000.
643-7 (c) A state agency that intends to amend or extend a major
643-8 consulting services contract shall:
643-9 (1) not later than the 10th day after the date the
643-10 contract is amended or extended, file the information required by
643-11 Section 2254.030 with the secretary of state for publication in the
643-12 Texas Register if the contract after the amendment or extension is
643-13 not a major consulting services contract; or
643-14 (2) comply with Sections 2254.028 and 2254.029 if the
643-15 contract after the amendment or extension is a major consulting
643-16 services contract.
643-17 (d) A state agency that intends to amend or extend a
643-18 contract that is not a major consulting services contract shall
643-19 comply with Sections 2254.028 and 2254.029 if the original contract
643-20 and the amendment or extension have a reasonably foreseeable value
643-21 totaling more than $10,000. (V.A.C.S. Art. 6252-11c, Sec. 7.)
643-22 Sec. 2254.032. CONFLICTS OF INTEREST. (a) An officer or
643-23 employee of a state agency shall report to the chief executive of
643-24 the agency, not later than the 10th day after the date on which a
643-25 private consultant submits an offer to provide consulting services
643-26 to the agency, any financial interest that:
643-27 (1) the officer or employee has in the private
644-1 consultant who submitted the offer; or
644-2 (2) an individual who is related to the officer or
644-3 employee within the second degree by consanguinity or affinity, as
644-4 determined under Chapter 573, has in the private consultant who
644-5 submitted the offer.
644-6 (b) This section applies to all consulting services
644-7 contracts and renewals, amendments, and extensions of consulting
644-8 services contracts. (V.A.C.S. Art. 6252-11c, Sec. 8.)
644-9 Sec. 2254.033. RESTRICTION ON FORMER EMPLOYEES OF A STATE
644-10 AGENCY. (a) An individual who offers to provide consulting
644-11 services to a state agency and who has been employed by that agency
644-12 or by another agency at any time during the two years preceding the
644-13 making of the offer shall disclose in the offer:
644-14 (1) the nature of the previous employment with the
644-15 agency or the other agency;
644-16 (2) the date the employment was terminated; and
644-17 (3) the annual rate of compensation for the employment
644-18 at the time of its termination.
644-19 (b) A state agency that accepts an offer from an individual
644-20 described in Subsection (a) shall include in the information filed
644-21 under Section 2254.030 a statement about the individual's previous
644-22 employment and the nature of the employment. (V.A.C.S. Art.
644-23 6252-11c, Sec. 9.)
644-24 Sec. 2254.034. CONTRACT VOID. (a) A contract entered into
644-25 in violation of Sections 2254.029 through 2254.031 is void.
644-26 (b) A contract entered into with a private consultant who
644-27 did not comply with Section 2254.033 is void.
645-1 (c) If a contract is void under this section:
645-2 (1) the comptroller may not draw a warrant or transmit
645-3 money to satisfy an obligation under the contract; and
645-4 (2) a state agency may not make any payment under the
645-5 contract with state or federal money or money held in or outside
645-6 the state treasury until the agency has complied with Sections
645-7 2254.029 through 2254.031.
645-8 (d) This section applies to all consulting services
645-9 contracts, including renewals, amendments, and extensions of
645-10 consulting services contracts. (V.A.C.S. Art. 6252-11c, Sec. 11.)
645-11 Sec. 2254.035. DIVIDING CONTRACTS. (a) A state agency may
645-12 not divide a consulting services contract into more than one
645-13 contract to avoid the requirements of this subchapter.
645-14 (b) This section applies to all consulting services
645-15 contracts, including renewals, amendments, and extensions of
645-16 consulting services contracts. (V.A.C.S. Art. 6252-11c, Sec. 12.)
645-17 Sec. 2254.036. ARCHIVES. (a) On request, a state agency
645-18 shall, after the agency's contract with a private consultant has
645-19 ended, supply the Legislative Budget Board and the governor's
645-20 Budget and Planning Office with copies of all documents, films,
645-21 recordings, or reports compiled by the consultant under the
645-22 contract.
645-23 (b) Copies of all documents, films, recordings, or reports
645-24 compiled by the private consultant shall be filed with the Texas
645-25 State Library and shall be retained by the library for at least
645-26 five years.
645-27 (c) The Texas State Library shall list each document, film,
646-1 recording, and report given to it under Subsection (b) and shall
646-2 file the list at the end of each calendar quarter with the
646-3 secretary of state for publication in the Texas Register.
646-4 (V.A.C.S. Art. 6252-11c, Sec. 13.)
646-5 Sec. 2254.037. REPORTS. As part of the biennial budgetary
646-6 hearing process conducted by the Legislative Budget Board and the
646-7 governor's Budget and Planning Office, a state agency shall report
646-8 to the Legislative Budget Board and the governor's Budget and
646-9 Planning Office on any actions taken in response to the
646-10 recommendations of any private consultant with whom the state
646-11 agency contracts during the previous biennium. (V.A.C.S. Art.
646-12 6252-11c, Sec. 14.)
646-13 Sec. 2254.038. MIXED CONTRACTS. This subchapter applies to
646-14 a contract that involves both consulting and other services if the
646-15 primary objective of the contract is the acquisition of consulting
646-16 services. (V.A.C.S. Art. 6252-11c, Sec. 15.)
646-17 Sec. 2254.039. COMPTROLLER'S RULES. (a) The comptroller
646-18 shall adopt rules to implement and administer this subchapter. The
646-19 comptroller's rules may not conflict with or cover a matter on
646-20 which this subchapter authorizes the governor to adopt rules.
646-21 (b) The comptroller shall give proposed rules to the
646-22 governor and the General Services Commission for review and comment
646-23 before adopting the rules. (V.A.C.S. Art. 6252-11c, Sec. 17.)
646-24 Sec. 2254.040. PROCUREMENT BY GENERAL SERVICES COMMISSION.
646-25 (a) The General Services Commission shall, on request of a state
646-26 agency, procure for the agency consulting services that are covered
646-27 by this subchapter.
647-1 (b) The commission may require reimbursement for the costs
647-2 it incurs in procuring the services. (V.A.C.S. Art. 6252-11c, Sec.
647-3 18.)
647-4 CHAPTER 2255. PRIVATE DONORS OR ORGANIZATIONS
647-5 Sec. 2255.001. RULES
647-6 CHAPTER 2255. PRIVATE DONORS OR ORGANIZATIONS
647-7 Sec. 2255.001. RULES. (a) A state agency which is
647-8 authorized by statute to accept money from a private donor or for
647-9 which a private organization exists that is designed to further the
647-10 purposes and duties of the agency shall adopt rules governing the
647-11 relationship between:
647-12 (1) the donor or organization; and
647-13 (2) the agency and its employees.
647-14 (b) Rules adopted under this section shall govern all
647-15 aspects of conduct of the agency and its employees in the
647-16 relationship, including:
647-17 (1) administration and investment of funds received by
647-18 the organization for the benefit of the agency;
647-19 (2) use of an employee or property of the agency by
647-20 the donor or organization;
647-21 (3) service by an officer or employee of the agency as
647-22 an officer or director of the donor or organization; and
647-23 (4) monetary enrichment of an officer or employee of
647-24 the agency by the donor or organization.
647-25 (c) A rule adopted under this section may not conflict with
647-26 or supersede a requirement of a statute regulating:
647-27 (1) the conduct of an employee of a state agency; or
648-1 (2) the procedures of a state agency.
648-2 (d) A newly created state agency shall adopt rules under
648-3 this section as soon as possible after its creation.
648-4 (e) In this section, "state agency" means a department,
648-5 commission, board, office, or other agency in the executive branch
648-6 of state government created by the constitution or a statute of
648-7 this state, including a university system or an institution of
648-8 higher education as defined by Section 61.003, Education Code.
648-9 (V.A.C.S. Art. 6252-11f, Secs. 1, 2, 3 (part).)
648-10 CHAPTER 2256. PUBLIC FUNDS INVESTMENT
648-11 SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES
648-12 Sec. 2256.001. SHORT TITLE
648-13 Sec. 2256.002. DEFINITIONS
648-14 Sec. 2256.003. AUTHORITY TO INVEST FUNDS
648-15 Sec. 2256.004. INVESTMENT POLICIES
648-16 Sec. 2256.005. STANDARD OF CARE
648-17 Sec. 2256.006. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR
648-18 GUARANTEED BY, GOVERNMENTAL ENTITIES
648-19 Sec. 2256.007. AUTHORIZED INVESTMENTS: CERTIFICATES
648-20 OF DEPOSIT
648-21 Sec. 2256.008. AUTHORIZED INVESTMENTS: REPURCHASE
648-22 AGREEMENTS
648-23 Sec. 2256.009. AUTHORIZED INVESTMENTS: BANKERS' ACCEPTANCES
648-24 Sec. 2256.010. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER
648-25 Sec. 2256.011. AUTHORIZED INVESTMENTS: MUTUAL FUNDS
648-26 Sec. 2256.012. AUTHORIZED INVESTMENTS: COMMON TRUST FUNDS
648-27 Sec. 2256.013. BIDS FOR COMMON TRUST FUND INVESTMENTS
649-1 Sec. 2256.014. BANK UNWILLING TO BID; PRESUMPTION
649-2 Sec. 2256.015. SUBCHAPTER CUMULATIVE
649-3 Sec. 2256.016. SUBCHAPTER NOT APPLICABLE TO RETIREMENT
649-4 SYSTEMS
649-5 (Sections 2256.017 to 2256.050 reserved for expansion)
649-6 SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS
649-7 Sec. 2256.051. DEFINITIONS
649-8 Sec. 2256.052. RULES GOVERNING INVESTMENT
649-9 Sec. 2256.053. INVESTMENT RATE OF RETURN
649-10 Sec. 2256.054. DESIGNATION OF INVESTMENT OFFICER
649-11 Sec. 2256.055. EXPRESS AUTHORITY REQUIRED
649-12 Sec. 2256.056. LEGAL TITLE IN INVESTMENT POOL
649-13 Sec. 2256.057. INTERNAL MANAGEMENT REPORTS
649-14 Sec. 2256.058. PRIVATE AUDITOR
649-15 Sec. 2256.059. EFFECT OF OTHER LAW
649-16 (Sections 2256.060 to 2256.100 reserved for expansion)
649-17 SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF
649-18 SECURITIES PURCHASED BY STATE
649-19 Sec. 2256.101. AUTHORIZED INVESTMENTS; APPLICATION OF
649-20 INCOME
649-21 Sec. 2256.102. PAYMENT FOR SECURITIES PURCHASED BY STATE
649-22 Sec. 2256.103. DELIVERY OF SECURITIES PURCHASED BY STATE
649-23 Sec. 2256.104. DEPOSIT OF SECURITIES PURCHASED BY STATE
649-24 CHAPTER 2256. PUBLIC FUNDS INVESTMENT
649-25 SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES
649-26 Sec. 2256.001. SHORT TITLE. This subchapter may be cited as
649-27 the Public Funds Investment Act. (V.A.C.S. Art. 842a-2, Sec. 1.)
650-1 Sec. 2256.002. DEFINITIONS. In this subchapter:
650-2 (1) "Institution of higher education" has the meaning
650-3 assigned by Section 61.003, Education Code.
650-4 (2) "School district" means a public school district.
650-5 (V.A.C.S. Art. 842a-2, Sec. 2(a) (part); New.)
650-6 Sec. 2256.003. AUTHORITY TO INVEST FUNDS. Each governing
650-7 body of the following entities may purchase, sell, and invest its
650-8 funds and funds under its control in investments authorized under
650-9 this subchapter in compliance with investment policies approved by
650-10 the governing body and according to the standard of care prescribed
650-11 by Section 2256.005:
650-12 (1) a municipality;
650-13 (2) a county;
650-14 (3) a school district;
650-15 (4) a district or authority created under:
650-16 (A) Article III, Section 52(b)(1) or (2), of the
650-17 Texas Constitution; or
650-18 (B) Article XVI, Section 59, of the Texas
650-19 Constitution;
650-20 (5) an institution of higher education;
650-21 (6) a hospital district;
650-22 (7) a nonprofit corporation acting on behalf of an
650-23 entity listed in Subdivisions (1) through (6); or
650-24 (8) a public funds investment pool created under
650-25 Chapter 791 acting on behalf of a combination of entities listed in
650-26 Subdivisions (1) through (6). (V.A.C.S. Art. 842a-2, Sec. 2(a)
650-27 (part) (as amended by Chaps. 39, 628, 693, and 750, Acts 71st Leg.,
651-1 R.S., 1989); Sec. 5(a) (part).)
651-2 Sec. 2256.004. INVESTMENT POLICIES. (a) The investment
651-3 policies must:
651-4 (1) be written;
651-5 (2) primarily emphasize safety of principal and
651-6 liquidity; and
651-7 (3) address investment diversification, yield, and
651-8 maturity and the quality and capability of investment management.
651-9 (b) The investment policies may provide that bids for
651-10 certificates of deposit be solicited:
651-11 (1) orally;
651-12 (2) in writing;
651-13 (3) electronically; or
651-14 (4) in any combination of those methods. (V.A.C.S.
651-15 Art. 842a-2, Secs. 5(a) (part), (b).)
651-16 Sec. 2256.005. STANDARD OF CARE. Investments shall be made
651-17 with judgment and care, under prevailing circumstances, that a
651-18 person of prudence, discretion, and intelligence would exercise in
651-19 the management of the person's own affairs, not for speculation,
651-20 but for investment, considering the probable safety of capital and
651-21 the probable income to be derived. (V.A.C.S. Art. 842a-2, Sec. 4.)
651-22 Sec. 2256.006. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR
651-23 GUARANTEED BY, GOVERNMENTAL ENTITIES. The following are
651-24 authorized investments under this subchapter:
651-25 (1) obligations of the United States or its
651-26 instrumentalities;
651-27 (2) direct obligations of this state or its agencies;
652-1 (3) other obligations, the principal and interest of
652-2 which are unconditionally guaranteed or insured by this state or
652-3 the United States or its instrumentalities; and
652-4 (4) obligations of states, agencies, counties, cities,
652-5 and other political subdivisions of any state rated as to
652-6 investment quality by a nationally recognized investment rating
652-7 firm not less than A or its equivalent. (V.A.C.S. Art. 842a-2,
652-8 Sec. 2(a) (part) (as amended by Chaps. 39, 628, 693, and 750, Acts
652-9 71st Leg., R.S., 1989).)
652-10 Sec. 2256.007. AUTHORIZED INVESTMENTS: CERTIFICATES OF
652-11 DEPOSIT. A certificate of deposit is an authorized investment
652-12 under this subchapter if the certificate of deposit is issued by a
652-13 state or national bank domiciled in this state or a savings and
652-14 loan association domiciled in this state and is:
652-15 (1) guaranteed or insured by the Federal Deposit
652-16 Insurance Corporation or its successor;
652-17 (2) secured by obligations that are described by
652-18 Section 2256.006, including mortgage backed securities directly
652-19 issued by a federal agency or instrumentality that have a market
652-20 value of not less than the principal amount of the certificates; or
652-21 (3) secured in any other manner and amount provided by
652-22 law for deposits of the investing entity. (V.A.C.S. Art. 842a-2,
652-23 Sec. 2(a) (part) (as amended by Chaps. 39, 628, 693, and 750, Acts
652-24 71st Leg., R.S., 1989).)
652-25 Sec. 2256.008. AUTHORIZED INVESTMENTS: REPURCHASE
652-26 AGREEMENTS. (a) A fully collateralized repurchase agreement is an
652-27 authorized investment under this subchapter if the repurchase
653-1 agreement:
653-2 (1) has a defined termination date;
653-3 (2) is secured by obligations described by Section
653-4 2256.006(1);
653-5 (3) is pledged with a third party selected or approved
653-6 by the entity; and
653-7 (4) is placed through a primary government securities
653-8 dealer, as defined by the Federal Reserve, or a bank domiciled in
653-9 this state.
653-10 (b) In this section, "repurchase agreement" means a
653-11 simultaneous agreement to buy, hold for a specified time, and sell
653-12 back at a future date obligations described by Section 2256.006(1),
653-13 the principal and interest of which are guaranteed by the United
653-14 States in market value of not less than the principal amount of the
653-15 funds disbursed. The term includes a direct security repurchase
653-16 agreement and a reverse security repurchase agreement. (V.A.C.S.
653-17 Art. 842a-2, Secs. 2(a) (part) (as amended by Chaps. 39, 628, 693,
653-18 and 750, Acts 71st Leg., R.S., 1989), (c) (part).)
653-19 Sec. 2256.009. AUTHORIZED INVESTMENTS: BANKERS'
653-20 ACCEPTANCES. A bankers' acceptance is an authorized investment
653-21 under this subchapter if the bankers' acceptance:
653-22 (1) has a stated maturity of 270 days or fewer from
653-23 the date of its issuance;
653-24 (2) will be, in accordance with its terms, liquidated
653-25 in full at maturity;
653-26 (3) is eligible for collateral for borrowing from a
653-27 Federal Reserve Bank; and
654-1 (4) is accepted by a bank organized and existing under
654-2 the laws of the United States or any state, if the short-term
654-3 obligations of the bank, or of a bank holding company of which the
654-4 bank is the largest subsidiary, are rated not less than A-1 or P-1
654-5 or an equivalent rating by at least one nationally recognized
654-6 credit rating agency. (V.A.C.S. Art. 842a-2, Secs. 2(a) (part) (as
654-7 amended by Chaps. 39, 628, 693, and 750, Acts 71st Leg., R.S.,
654-8 1989), (c) (part).)
654-9 Sec. 2256.010. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER.
654-10 Commercial paper is an authorized investment under this subchapter
654-11 if the commercial paper:
654-12 (1) has a stated maturity of 270 days or fewer from
654-13 the date of its issuance; and
654-14 (2) is rated not less than A-1 or P-1 or an equivalent
654-15 rating by at least:
654-16 (A) two nationally recognized credit rating
654-17 agencies; or
654-18 (B) one nationally recognized credit rating
654-19 agency and is fully secured by an irrevocable letter of credit
654-20 issued by a bank organized and existing under the laws of the
654-21 United States or any state. (V.A.C.S. Art. 842a-2, Sec. 2(a)
654-22 (part) (as amended by Chaps. 39, 628, 693, and 750, Acts 71st Leg.,
654-23 R.S., 1989).)
654-24 Sec. 2256.011. AUTHORIZED INVESTMENTS: MUTUAL FUNDS.
654-25 (a) A no-load money market mutual fund is an authorized investment
654-26 under this subchapter if the mutual fund:
654-27 (1) is registered with the Securities and Exchange
655-1 Commission;
655-2 (2) has a dollar-weighted average portfolio maturity
655-3 of 120 days or fewer;
655-4 (3) is invested exclusively in obligations described
655-5 by Sections 2256.006 through 2256.010; and
655-6 (4) includes in its investment objectives the
655-7 maintenance of a stable net asset value of $1 for each share.
655-8 (b) An entity is not authorized by this section to:
655-9 (1) invest in the aggregate more than 80 percent of
655-10 its monthly average fund balance, excluding bond proceeds and
655-11 reserves and other funds held for debt service, in money market
655-12 mutual funds described in Subsection (a); or
655-13 (2) invest its funds or funds under its control,
655-14 excluding bond proceeds and reserves and other funds held for debt
655-15 service, in any one money market mutual fund in an amount that
655-16 exceeds 10 percent of the total assets of the money market mutual
655-17 fund. (V.A.C.S. Art. 842a-2, Secs. 2(c) (part), (d).)
655-18 Sec. 2256.012. AUTHORIZED INVESTMENTS: COMMON TRUST FUNDS.
655-19 (a) A qualified common trust fund is an authorized investment for
655-20 the local funds of an institution of higher education and for the
655-21 bond proceeds and reserves and other funds held for debt service of
655-22 a municipality, county, school district, or navigation district if
655-23 the common trust fund:
655-24 (1) is owned or administered by a bank domiciled in
655-25 this state;
655-26 (2) consists exclusively of assets that are
655-27 obligations described by Sections 2256.006 through 2256.010;
656-1 (3) complies with the Internal Revenue Code of 1986
656-2 and applicable federal regulations governing the investment of bond
656-3 proceeds and reserves and other funds held for debt service; and
656-4 (4) meets the cash flow requirements and the
656-5 investment needs of the political subdivision or institution.
656-6 (b) In this section, "common trust fund" includes a
656-7 comparable investment device. (V.A.C.S. Art. 842a-2, Sec. 2(b).)
656-8 Sec. 2256.013. BIDS FOR COMMON TRUST FUND INVESTMENTS.
656-9 (a) An institution of higher education or a municipality, county,
656-10 school district, or navigation district may invest in a common
656-11 trust fund under Section 2256.012 only after soliciting orally or
656-12 in another manner competitive bids from at least three banks.
656-13 (b) The solicitations for bids required by Subsection (a)
656-14 for a county shall be made only to banks located in the county
656-15 unless there are fewer than three banks available for the
656-16 investment located in the county; in which case, the solicitations
656-17 shall be made to each bank in the county and, as necessary to
656-18 complete the solicitations, to banks located in this state.
656-19 (c) The solicitations for bids required by Subsection (a)
656-20 for a municipality or a school district shall be made only to banks
656-21 located in the municipality or school district unless there are
656-22 fewer than three banks available for the investments located in the
656-23 municipality or school district; in which case, the solicitations
656-24 shall be made to each bank in the municipality or school district
656-25 and, as necessary to complete the solicitations, to banks in a
656-26 county in which the municipality or school district is located. If
656-27 there are fewer than three banks available for investments in the
657-1 municipality or school district and in the counties in which the
657-2 municipality or school district is located, the solicitations shall
657-3 be made to each bank in the municipality or school district and in
657-4 the counties in which the municipality or school district is
657-5 located, and, as necessary to complete the solicitations, to banks
657-6 located in this state.
657-7 (d) This section applies to a nonprofit corporation acting
657-8 on behalf of a municipality, county, or school district as it
657-9 applies to the municipality, county, or school district. (V.A.C.S.
657-10 Art. 842a-2, Secs. 3(a)-(c), (e) (part).)
657-11 Sec. 2256.014. BANK UNWILLING TO BID; PRESUMPTION. A
657-12 governmental entity or nonprofit corporation that is notified by a
657-13 bank that the bank is unable or unwilling to bid for investments
657-14 under Section 2256.012 may presume that the bank continues to be
657-15 unable or unwilling to bid for investments until the bank in
657-16 writing notifies the entity otherwise. (V.A.C.S. Art. 842a-2, Sec.
657-17 3(f).)
657-18 Sec. 2256.015. SUBCHAPTER CUMULATIVE. The authority granted
657-19 by this subchapter is in addition to that granted by other law.
657-20 (V.A.C.S. Art. 842a-2, Sec. 7.)
657-21 Sec. 2256.016. SUBCHAPTER NOT APPLICABLE TO RETIREMENT
657-22 SYSTEMS. This subchapter does not apply to a public retirement
657-23 system as defined by Section 802.001. (V.A.C.S. Art. 842a-2,
657-24 Sec. 6.)
657-25 (Sections 2256.017 to 2256.050 reserved for expansion)
657-26 SUBCHAPTER B. INVESTMENT OF LOCAL FUNDS
657-27 Sec. 2256.051. DEFINITIONS. In this subchapter:
658-1 (1) "Investment pool" means an entity created under
658-2 Chapter 791 to invest public funds of two or more local
658-3 governments.
658-4 (2) "Local funds" means public funds in the custody of
658-5 a state agency or political subdivision that:
658-6 (A) are not required by law to be deposited in
658-7 the state treasury; and
658-8 (B) the agency or subdivision has authority to
658-9 invest.
658-10 (3) "Political subdivision" means a county,
658-11 municipality, or special purpose district.
658-12 (4) "State agency" means an office, department,
658-13 commission, board, other agency, institution of higher education,
658-14 or river authority that is part of any branch of state government.
658-15 (V.A.C.S. Art. 4413(34c), Sec. 1; New.)
658-16 Sec. 2256.052. RULES GOVERNING INVESTMENT. Each state
658-17 agency or political subdivision shall adopt rules governing the
658-18 investment of its local funds, including rules specifying the scope
658-19 of authority of officers and employees designated to invest local
658-20 funds. (V.A.C.S. Art. 4413(34c), Sec. 2(a).)
658-21 Sec. 2256.053. INVESTMENT RATE OF RETURN. A state agency,
658-22 political subdivision, or investment pool shall invest its local
658-23 funds in investments that:
658-24 (1) yield the highest possible rate of return;
658-25 (2) protect the principal; and
658-26 (3) are consistent with the operating requirements of
658-27 the agency, subdivision, or pool as determined by the governing
659-1 body. (V.A.C.S. Art. 4413(34c), Sec. 6(a).)
659-2 Sec. 2256.054. DESIGNATION OF INVESTMENT OFFICER. (a) Each
659-3 state agency or political subdivision shall designate, by rule,
659-4 order, ordinance, or resolution, one or more officers or employees
659-5 of the agency, subdivision, or investment pool to be responsible
659-6 for the investment of its local funds.
659-7 (b) Subsection (a) does not apply if an officer of the
659-8 agency or subdivision is assigned by law the function of investing
659-9 its local funds.
659-10 (c) An officer or employee of a commission created under
659-11 Chapter 391, Local Government Code, is ineligible to be designated
659-12 as an investment officer under Subsection (a). (V.A.C.S. Art.
659-13 4413(34c), Secs. 2(b), 3(a).)
659-14 Sec. 2256.055. EXPRESS AUTHORITY REQUIRED. A person may not
659-15 deposit, withdraw, invest, transfer, or manage in any other manner
659-16 local funds of a state agency or political subdivision without
659-17 express written authority of the governing body or chief executive
659-18 officer of the agency or subdivision. (V.A.C.S. Art. 4413(34c),
659-19 Sec. 3(b).)
659-20 Sec. 2256.056. LEGAL TITLE IN INVESTMENT POOL. A political
659-21 subdivision by contract may delegate to an investment pool the
659-22 authority to hold legal title as custodian of investments purchased
659-23 with its local funds. (V.A.C.S. Art. 4413(34c), Sec. 6(b).)
659-24 Sec. 2256.057. INTERNAL MANAGEMENT REPORTS. (a) At least
659-25 annually, the investment officer of a state agency or political
659-26 subdivision shall prepare a written report of the agency's or
659-27 subdivision's local funds investment transactions for the preceding
660-1 year.
660-2 (b) The report must:
660-3 (1) describe in detail the investment position of the
660-4 agency or subdivision on the date of the report;
660-5 (2) be prepared jointly by all investment officers of
660-6 the agency or subdivision; and
660-7 (3) be signed by each investment officer of the agency
660-8 or subdivision.
660-9 (c) The report shall be delivered to the governing body and
660-10 the chief executive officer of the agency or subdivision.
660-11 (V.A.C.S. Art. 4413(34c), Sec. 4.)
660-12 Sec. 2256.058. PRIVATE AUDITOR. Notwithstanding any other
660-13 law, a state agency shall employ a private auditor if authorized by
660-14 the legislative audit committee on the committee's initiative or on
660-15 request of the governing body of the agency. (V.A.C.S. Art.
660-16 4413(34c), Sec. 5.)
660-17 Sec. 2256.059. EFFECT OF OTHER LAW. This subchapter does
660-18 not:
660-19 (1) prohibit an investment specifically authorized by
660-20 other law; or
660-21 (2) authorize an investment specifically prohibited by
660-22 other law. (V.A.C.S. Art. 4413(34c), Sec. 7.)
660-23 (Sections 2256.060 to 2256.100 reserved for expansion)
660-24 SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT
660-25 OF SECURITIES PURCHASED BY STATE
660-26 Sec. 2256.101. AUTHORIZED INVESTMENTS; APPLICATION OF
660-27 INCOME. (a) A board or agency of the state that may direct the
661-1 investment of funds of the board or agency may invest those funds
661-2 in:
661-3 (1) direct obligations of the United States;
661-4 (2) obligations the principal and interest of which
661-5 are guaranteed by the United States;
661-6 (3) direct obligations of or participation
661-7 certificates guaranteed by:
661-8 (A) a farm credit bank;
661-9 (B) the Federal National Mortgage Association;
661-10 (C) a federal home loan bank; or
661-11 (D) a bank for cooperatives;
661-12 (4) certificates of deposit of a bank or trust
661-13 company, the deposits of which are fully secured by a pledge of
661-14 securities described by Subdivisions (1) through (3);
661-15 (5) other securities made eligible for investment by
661-16 other law or the constitution; or
661-17 (6) a combination of securities described by
661-18 Subdivisions (1) through (5).
661-19 (b) The board or agency shall direct the application of
661-20 income from investments under this section. (V.A.C.S. Art.
661-21 6252-5a, Sec. 1.)
661-22 Sec. 2256.102. PAYMENT FOR SECURITIES PURCHASED BY STATE.
661-23 The comptroller, the state treasurer, or the disbursing officer of
661-24 an agency that has the power to invest assets directly may pay for
661-25 authorized securities purchased from or through a member in good
661-26 standing of the National Association of Securities Dealers or from
661-27 or through a national or state bank on receiving an invoice from
662-1 the seller of the securities showing that the securities have been
662-2 purchased by the board or agency and that the amount to be paid for
662-3 the securities is just, due, and unpaid. (V.A.C.S. Art. 6252-5a,
662-4 Sec. 2 (part).)
662-5 Sec. 2256.103. DELIVERY OF SECURITIES PURCHASED BY STATE. A
662-6 security purchased under Section 2256.102 may be delivered to the
662-7 state treasurer, a bank, or the board or agency investing its
662-8 funds. The delivery shall be made under normal and recognized
662-9 practices in the securities and banking industries, including the
662-10 book entry procedure of the Federal Reserve Bank. (V.A.C.S. Art.
662-11 6252-5a, Sec. 2 (part).)
662-12 Sec. 2256.104. DEPOSIT OF SECURITIES PURCHASED BY STATE. At
662-13 the direction of the state treasurer or the agency, a security
662-14 purchased under Section 2256.102 may be deposited in trust with a
662-15 bank or federal reserve bank or branch designated by the treasurer,
662-16 whether in or outside the state. The deposit shall be evidenced by
662-17 a trust receipt of the bank with which the securities are
662-18 deposited. (V.A.C.S. Art. 6252-5a, Sec. 3.)
662-19 CHAPTER 2257. COLLATERAL FOR PUBLIC FUNDS
662-20 SUBCHAPTER A. GENERAL PROVISIONS
662-21 Sec. 2257.001. SHORT TITLE
662-22 Sec. 2257.002. DEFINITIONS
662-23 Sec. 2257.003. CHAPTER NOT APPLICABLE TO DEFERRED COMPENSATION
662-24 PLANS
662-25 Sec. 2257.004. CONFLICT WITH OTHER LAW
662-26 Sec. 2257.005. CONTRACT GOVERNS LEGAL ACTION
662-27 (Sections 2257.006 to 2257.020 reserved for expansion)
663-1 SUBCHAPTER B. DEPOSITORY; SECURITY FOR DEPOSIT OF
663-2 PUBLIC FUNDS
663-3 Sec. 2257.021. COLLATERAL REQUIRED
663-4 Sec. 2257.022. AMOUNT OF COLLATERAL
663-5 Sec. 2257.023. COLLATERAL POLICY
663-6 Sec. 2257.024. CONTRACT FOR SECURING DEPOSIT OF PUBLIC FUNDS
663-7 Sec. 2257.025. RECORDS OF DEPOSITORY
663-8 Sec. 2257.026. CHANGE IN AMOUNT OR ACTIVITY OF DEPOSITS
663-9 OF PUBLIC FUNDS
663-10 (Sections 2257.027 to 2257.040 reserved for expansion)
663-11 SUBCHAPTER C. CUSTODIAN; PERMITTED INSTITUTION
663-12 Sec. 2257.041. DEPOSIT OF SECURITIES WITH CUSTODIAN
663-13 Sec. 2257.042. DEPOSIT OF SECURITIES WITH PERMITTED
663-14 INSTITUTION
663-15 Sec. 2257.043. DEPOSITORY AS CUSTODIAN OR PERMITTED
663-16 INSTITUTION
663-17 Sec. 2257.044. CUSTODIAN AS BAILEE
663-18 Sec. 2257.045. RECEIPT OF SECURITY BY CUSTODIAN
663-19 Sec. 2257.046. BOOKS AND RECORDS OF CUSTODIAN; INSPECTION
663-20 Sec. 2257.047. BOOKS AND RECORDS OF PERMITTED INSTITUTION
663-21 Sec. 2257.048. ATTACHMENT AND PERFECTION OF SECURITY
663-22 INTEREST
663-23 (Sections 2257.049 to 2257.060 reserved for expansion)
663-24 SUBCHAPTER D. AUDITS AND EXAMINATIONS; PENALTIES
663-25 Sec. 2257.061. AUDITS AND EXAMINATIONS
663-26 Sec. 2257.062. PENALTIES
663-27 Sec. 2257.063. MITIGATING CIRCUMSTANCES
664-1 Sec. 2257.064. REINSTATEMENT
664-2 (Sections 2257.065 to 2257.080 reserved for expansion)
664-3 SUBCHAPTER E. EXEMPT INSTITUTIONS
664-4 Sec. 2257.081. DEFINITION
664-5 Sec. 2257.082. FUNDS OF EXEMPT INSTITUTION
664-6 Sec. 2257.083. INVESTMENT; SELECTION OF DEPOSITORY
664-7 CHAPTER 2257. COLLATERAL FOR PUBLIC FUNDS
664-8 SUBCHAPTER A. GENERAL PROVISIONS
664-9 Sec. 2257.001. SHORT TITLE. This chapter may be cited as
664-10 the Public Funds Collateral Act. (V.A.C.S. Art. 2529d, Sec. 1.)
664-11 Sec. 2257.002. DEFINITIONS. In this chapter:
664-12 (1) "Bank holding company" has the meaning assigned by
664-13 Article 2, Chapter I, The Texas Banking Code (Article 342-102,
664-14 Vernon's Texas Civil Statutes).
664-15 (2) "Board" means the State Depository Board.
664-16 (3) "Control" has the meaning assigned by Article 2,
664-17 Chapter I, The Texas Banking Code (Article 342-102, Vernon's Texas
664-18 Civil Statutes).
664-19 (4) "Deposit of public funds" means public funds of a
664-20 public entity that:
664-21 (A) the state treasurer does not manage under
664-22 Chapter 404; and
664-23 (B) are held as a demand or time deposit by a
664-24 depository institution expressly authorized by law to accept a
664-25 public entity's demand or time deposit.
664-26 (5) "Eligible security" means:
664-27 (A) a surety bond;
665-1 (B) an investment security; or
665-2 (C) an ownership or beneficial interest in an
665-3 investment security, other than an option contract to purchase or
665-4 sell an investment security.
665-5 (6) "Investment security" means:
665-6 (A) an obligation that in the opinion of the
665-7 attorney general of the United States is a general obligation of
665-8 the United States and backed by its full faith and credit;
665-9 (B) a general or special obligation issued by a
665-10 public agency that:
665-11 (i) is payable from taxes, revenues, or a
665-12 combination of taxes and revenues;
665-13 (ii) is rated as to investment quality by
665-14 a nationally recognized rating agency; and
665-15 (iii) has a current rating of not less
665-16 than A or its equivalent; or
665-17 (C) a security in which a public entity may
665-18 invest under Subchapter A, Chapter 2256.
665-19 (7) "Permitted institution" means:
665-20 (A) a Federal Reserve Bank;
665-21 (B) a clearing corporation, as defined by
665-22 Section 8.102(c), Business & Commerce Code;
665-23 (C) a bank eligible to be a custodian under
665-24 Section 2257.041; or
665-25 (D) a state or nationally chartered bank that is
665-26 controlled by a bank holding company that controls a bank eligible
665-27 to be a custodian under Section 2257.041.
666-1 (8) "Public agency" means a state or a political or
666-2 governmental entity, agency, instrumentality, or subdivision of a
666-3 state, including a municipality, an institution of higher
666-4 education, as defined by Section 61.003, Education Code, a junior
666-5 college, a district created under Article XVI, Section 59, of the
666-6 Texas Constitution, and a public hospital.
666-7 (9) "Public entity" means a public agency in this
666-8 state, but does not include an institution of higher education, as
666-9 defined by Section 61.003, Education Code.
666-10 (10) "State agency" means a public entity that:
666-11 (A) has authority that is not limited to a
666-12 geographic portion of the state; and
666-13 (B) was created by the constitution or a
666-14 statute.
666-15 (11) "Trust receipt" means evidence of receipt,
666-16 identification, and recording, including:
666-17 (A) a physical controlled trust receipt; or
666-18 (B) a written or electronically transmitted
666-19 advice of transaction. (V.A.C.S. Art. 2529d, Secs. 2(1), (2), (3),
666-20 (4), (6) (part), (7), (8), (9), (10), (11).)
666-21 Sec. 2257.003. CHAPTER NOT APPLICABLE TO DEFERRED
666-22 COMPENSATION PLANS. This chapter does not apply to funds that a
666-23 public entity maintains or administers under a deferred
666-24 compensation plan, the federal income tax treatment of which is
666-25 governed by Section 401(k) or 457 of the Internal Revenue Code of
666-26 1986 (26 U.S.C. Sections 401(k) and 457). (V.A.C.S. Art. 2529d,
666-27 Sec. 11(c).)
667-1 Sec. 2257.004. CONFLICT WITH OTHER LAW. This chapter
667-2 prevails over any other law relating to security for a deposit of
667-3 public funds to the extent of any conflict. (V.A.C.S. Art. 2529d,
667-4 Sec. 11(a).)
667-5 Sec. 2257.005. CONTRACT GOVERNS LEGAL ACTION. A legal
667-6 action brought by or against a public entity that arises out of or
667-7 in connection with the duties of a depository, custodian, or
667-8 permitted institution under this chapter must be brought and
667-9 maintained as provided by the contract with the public entity.
667-10 (V.A.C.S. Art. 2529d, Sec. 7.)
667-11 (Sections 2257.006 to 2257.020 reserved for expansion)
667-12 SUBCHAPTER B. DEPOSITORY; SECURITY FOR DEPOSIT OF PUBLIC FUNDS
667-13 Sec. 2257.021. COLLATERAL REQUIRED. A deposit of public
667-14 funds shall be secured by eligible security to the extent and in
667-15 the manner required by this chapter. (V.A.C.S. Art. 2529d, Sec.
667-16 3.)
667-17 Sec. 2257.022. AMOUNT OF COLLATERAL. (a) The total value
667-18 of eligible security to secure a deposit of public funds must be in
667-19 an amount not less than the amount of the deposit of public funds:
667-20 (1) increased by the amount of any accrued interest;
667-21 and
667-22 (2) reduced to the extent that the United States or an
667-23 instrumentality of the United States insures the deposit.
667-24 (b) The value of a surety bond is its face value.
667-25 (c) The value of an investment security is its market value.
667-26 (V.A.C.S. Art. 2529d, Sec. 4.)
667-27 Sec. 2257.023. COLLATERAL POLICY. (a) In accordance with a
668-1 written policy approved by the governing body of the public entity,
668-2 a public entity shall determine if an investment security is
668-3 eligible to secure deposits of public funds.
668-4 (b) The written policy may include:
668-5 (1) the security of the institution that obtains or
668-6 holds an investment security;
668-7 (2) the substitution or release of an investment
668-8 security; and
668-9 (3) the method by which an investment security used to
668-10 secure a deposit of public funds is valued. (V.A.C.S. Art. 2529d,
668-11 Sec. 5(a).)
668-12 Sec. 2257.024. CONTRACT FOR SECURING DEPOSIT OF PUBLIC
668-13 FUNDS. (a) A public entity may contract with a bank domiciled in
668-14 this state to secure a deposit of public funds.
668-15 (b) The contract may contain a term or condition relating to
668-16 an investment security used as security for a deposit of public
668-17 funds, including a term or condition relating to the:
668-18 (1) possession of the collateral;
668-19 (2) substitution or release of an investment security;
668-20 (3) ownership of the investment securities of the bank
668-21 used to secure a deposit of public funds; and
668-22 (4) method by which an investment security used to
668-23 secure a deposit of public funds is valued. (V.A.C.S. Art. 2529d,
668-24 Sec. 5(b).)
668-25 Sec. 2257.025. RECORDS OF DEPOSITORY. (a) A public
668-26 entity's depository shall maintain a separate, accurate, and
668-27 complete record relating to a pledged investment security, a
669-1 deposit of public funds, and a transaction related to a pledged
669-2 investment security.
669-3 (b) The board or the public entity may examine and verify at
669-4 any reasonable time a pledged investment security or a record a
669-5 depository maintains under this section. (V.A.C.S. Art. 2529d,
669-6 Secs. 9(a), (c) (part).)
669-7 Sec. 2257.026. CHANGE IN AMOUNT OR ACTIVITY OF DEPOSITS OF
669-8 PUBLIC FUNDS. A public entity shall inform the depository for the
669-9 public entity's deposit of public funds of a significant change in
669-10 the amount or activity of those deposits within a reasonable time
669-11 before the change occurs. (V.A.C.S. Art. 2529d, Sec. 5(c).)
669-12 (Sections 2257.027 to 2257.040 reserved for expansion)
669-13 SUBCHAPTER C. CUSTODIAN; PERMITTED INSTITUTION
669-14 Sec. 2257.041. DEPOSIT OF SECURITIES WITH CUSTODIAN.
669-15 (a) In addition to other authority granted by law, a depository
669-16 for a public entity other than a state agency may deposit with a
669-17 custodian a security pledged to secure a deposit of public funds.
669-18 (b) At the request of the public entity, a depository for a
669-19 public entity other than a state agency shall deposit with a
669-20 custodian a security pledged to secure a deposit of public funds.
669-21 (c) A depository for a state agency shall deposit with a
669-22 custodian a security pledged to secure a deposit of public funds.
669-23 The custodian and the state agency shall agree in writing on the
669-24 terms and conditions for securing a deposit of public funds.
669-25 (d) A custodian must be approved by the public entity and
669-26 be:
669-27 (1) a state or national bank that:
670-1 (A) is designated by the board as a state
670-2 depository;
670-3 (B) is domiciled in this state; and
670-4 (C) has a capital stock and permanent surplus of
670-5 $5 million or more;
670-6 (2) the Texas Treasury Safekeeping Trust Company; or
670-7 (3) a Federal Reserve Bank or a branch of a Federal
670-8 Reserve Bank.
670-9 (e) A custodian holds in trust the securities to secure the
670-10 deposit of public funds of the public entity in the depository
670-11 pledging the securities. (V.A.C.S. Art. 2529d, Secs. 6(a) (part),
670-12 (b) (part), (c).)
670-13 Sec. 2257.042. DEPOSIT OF SECURITIES WITH PERMITTED
670-14 INSTITUTION. (a) A custodian may deposit with a permitted
670-15 institution an investment security the custodian holds under
670-16 Section 2257.041.
670-17 (b) If a deposit is made under Subsection (a):
670-18 (1) the permitted institution shall hold the
670-19 investment security to secure funds the public entity deposits in
670-20 the depository that pledges the investment security;
670-21 (2) the trust receipt the custodian issues under
670-22 Section 2257.045 shall show that the custodian has deposited the
670-23 security in a permitted institution; and
670-24 (3) the permitted institution, on receipt of the
670-25 investment security, shall immediately issue to the custodian an
670-26 advice of transaction or other document that is evidence that the
670-27 custodian deposited the security in the permitted institution.
671-1 (V.A.C.S. Art. 2529d, Sec. 6(e) (part).)
671-2 Sec. 2257.043. DEPOSITORY AS CUSTODIAN OR PERMITTED
671-3 INSTITUTION. (a) A public entity other than a state agency may
671-4 prohibit a depository or an entity of which the depository is a
671-5 branch from being the custodian of or permitted institution for a
671-6 security the depository pledges to secure a deposit of public
671-7 funds.
671-8 (b) A depository or an entity of which the depository is a
671-9 branch may not be the custodian of or permitted institution for a
671-10 security the depository pledges to secure a deposit of public funds
671-11 by a state agency. (V.A.C.S. Art. 2529d, Secs. 6(a) (part), (b)
671-12 (part).)
671-13 Sec. 2257.044. CUSTODIAN AS BAILEE. (a) A custodian under
671-14 this chapter or a custodian of a security pledged to an institution
671-15 of higher education, as defined by Section 61.003, Education Code,
671-16 whether acting alone or through a permitted institution, is for all
671-17 purposes the bailee or agent of the public entity or institution
671-18 depositing the public funds with the depository.
671-19 (b) To the extent of any conflict, Subsection (a) prevails
671-20 over Chapter 8 or 9, Business & Commerce Code. (V.A.C.S. Art.
671-21 2529d, Sec. 8 (part).)
671-22 Sec. 2257.045. RECEIPT OF SECURITY BY CUSTODIAN. On receipt
671-23 of an investment security, a custodian shall:
671-24 (1) immediately identify on its books and records, by
671-25 book entry or another method, the pledge of the security to the
671-26 public entity; and
671-27 (2) promptly issue and deliver to the appropriate
672-1 public entity officer a trust receipt for the pledged security.
672-2 (V.A.C.S. Art. 2529d, Sec. 6(d) (part).)
672-3 Sec. 2257.046. BOOKS AND RECORDS OF CUSTODIAN; INSPECTION.
672-4 (a) A public entity's custodian shall maintain a separate,
672-5 accurate, and complete record relating to each pledged investment
672-6 security and each transaction relating to a pledged investment
672-7 security.
672-8 (b) The board or the public entity may examine and verify at
672-9 any reasonable time a pledged investment security or a record a
672-10 custodian maintains under this section. The public entity or its
672-11 agent may inspect at any time an investment security evidenced by a
672-12 trust receipt.
672-13 (c) The public entity's custodian shall file a collateral
672-14 report with the board in the manner and on the dates prescribed by
672-15 the board. (V.A.C.S. Art. 2529d, Secs. 6(d) (part), 9(b), (c)
672-16 (part), (e).)
672-17 Sec. 2257.047. BOOKS AND RECORDS OF PERMITTED INSTITUTION.
672-18 (a) A permitted institution may apply book entry procedures when
672-19 an investment security held by a custodian is deposited under
672-20 Section 2257.042.
672-21 (b) A permitted institution's records must at all times
672-22 state the name of the custodian that deposits an investment
672-23 security in the permitted institution. (V.A.C.S. Art. 2529d, Sec.
672-24 6(e) (part).)
672-25 Sec. 2257.048. ATTACHMENT AND PERFECTION OF SECURITY
672-26 INTEREST. (a) A security interest that arises out of a
672-27 depository's pledge of a security to secure a deposit of public
673-1 funds by a public entity or an institution of higher education, as
673-2 defined by Section 61.003, Education Code, is created, attaches,
673-3 and is perfected for all purposes under state law from the time
673-4 that the custodian identifies the pledge of the security on the
673-5 custodian's books and records and issues the trust receipt.
673-6 (b) A security interest in a pledged security remains
673-7 perfected in the hands of a subsequent custodian or permitted
673-8 institution. (V.A.C.S. Art. 2529d, Sec. 8 (part).)
673-9 (Sections 2257.049 to 2257.060 reserved for expansion)
673-10 SUBCHAPTER D. AUDITS AND EXAMINATIONS; PENALTIES
673-11 Sec. 2257.061. AUDITS AND EXAMINATIONS. As part of an audit
673-12 or regulatory examination of a public entity's depository or
673-13 custodian, the auditor or examiner shall:
673-14 (1) examine and verify pledged investment securities
673-15 and records maintained under Section 2257.025 or 2257.046; and
673-16 (2) report any significant or material noncompliance
673-17 with this chapter to the board. (V.A.C.S. Art. 2529d, Sec. 9(d).)
673-18 Sec. 2257.062. PENALTIES. (a) The board may revoke a
673-19 depository's designation as a state depository for one year if,
673-20 after notice and a hearing, the board makes a written finding that
673-21 the depository, while acting as either a depository or a custodian:
673-22 (1) did not maintain reasonable compliance with this
673-23 chapter; and
673-24 (2) failed to remedy a violation of this chapter
673-25 within a reasonable time after receiving written notice of the
673-26 violation.
673-27 (b) The board may permanently revoke a depository's
674-1 designation as a state depository if the board makes a written
674-2 finding that the depository:
674-3 (1) has not maintained reasonable compliance with this
674-4 chapter; and
674-5 (2) has acted in bad faith by not remedying a
674-6 violation of this chapter. (V.A.C.S. Art. 2529d, Secs. 10(a),
674-7 (b).)
674-8 Sec. 2257.063. MITIGATING CIRCUMSTANCES. (a) The board
674-9 shall consider the total circumstances relating to the performance
674-10 of a depository or custodian when the board makes a finding
674-11 required by Section 2257.062, including the extent to which the
674-12 noncompliance is minor, isolated, temporary, or nonrecurrent.
674-13 (b) The board may not find that a depository or custodian
674-14 did not maintain reasonable compliance with this chapter if the
674-15 noncompliance results from the public entity's failure to comply
674-16 with Section 2257.026.
674-17 (c) This section does not relieve a depository or custodian
674-18 of the obligation to secure a deposit of public funds with eligible
674-19 security in the amount and manner required by this chapter within a
674-20 reasonable time after the public entity deposits the deposit of
674-21 public funds with the depository. (V.A.C.S. Art. 2529d, Secs.
674-22 10(d), (e).)
674-23 Sec. 2257.064. REINSTATEMENT. The board may reinstate a
674-24 depository's designation as a state depository if:
674-25 (1) the board determines that the depository has
674-26 remedied all violations of this chapter; and
674-27 (2) the depository assures the board to the board's
675-1 satisfaction that the depository will maintain reasonable
675-2 compliance with this chapter. (V.A.C.S. Art. 2529d, Sec. 10(c).)
675-3 (Sections 2257.065 to 2257.080 reserved for expansion)
675-4 SUBCHAPTER E. EXEMPT INSTITUTIONS
675-5 Sec. 2257.081. DEFINITION. In this subchapter, "exempt
675-6 institution" means:
675-7 (1) a public retirement system, as defined by Section
675-8 802.001; or
675-9 (2) the permanent school fund, as defined by Section
675-10 15.01, Education Code. (V.A.C.S. Art. 2529d, Sec. 2(5).)
675-11 Sec. 2257.082. FUNDS OF EXEMPT INSTITUTION. An exempt
675-12 institution is not required to have its funds fully insured or
675-13 collateralized at all times if:
675-14 (1) the funds are held by:
675-15 (A) a custodian of the institution's assets
675-16 under a trust agreement; or
675-17 (B) a person in connection with a transaction
675-18 related to an investment; and
675-19 (2) the governing body of the institution, in
675-20 exercising its fiduciary responsibility, determines that the
675-21 institution is adequately protected by using a trust agreement,
675-22 special deposit, surety bond, substantial deposit insurance, or
675-23 other method an exempt institution commonly uses to protect itself
675-24 from liability. (V.A.C.S. Art. 2529d, Sec. 11(b) (part).)
675-25 Sec. 2257.083. INVESTMENT; SELECTION OF DEPOSITORY. This
675-26 chapter does not:
675-27 (1) prohibit an exempt institution from prudently
676-1 investing in a certificate of deposit; or
676-2 (2) restrict the selection of a depository by the
676-3 governing body of an exempt institution in accordance with its
676-4 fiduciary duty. (V.A.C.S. Art. 2529d, Sec. 11(b) (part).)
676-5 (Chapters 2258 to 2300 reserved for expansion)
676-6 SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING
676-7 BOTH STATE AND LOCAL GOVERNMENTS
676-8 CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY
676-9 RESEARCH AUTHORITY
676-10 SUBCHAPTER A. GENERAL PROVISIONS
676-11 Sec. 2301.001. DEFINITIONS
676-12 Sec. 2301.002. ESTABLISHMENT OF AUTHORITY
676-13 Sec. 2301.003. BOARD OF DIRECTORS
676-14 Sec. 2301.004. PAYMENT FROM AD VALOREM TAXES
676-15 Sec. 2301.005. WRITTEN CONTRACT REQUIREMENTS
676-16 Sec. 2301.006. TAX EXEMPTION
676-17 Sec. 2301.007. LOANS AND GRANTS
676-18 (Sections 2301.008 to 2301.030 reserved for expansion)
676-19 SUBCHAPTER B. POWERS OF AN AUTHORITY
676-20 Sec. 2301.031. DESCRIPTION OF AUTHORITY
676-21 Sec. 2301.032. AUTHORITY TO BRING SUIT
676-22 Sec. 2301.033. AGREEMENTS
676-23 Sec. 2301.034. ACQUISITION OF PROPERTY
676-24 Sec. 2301.035. FUNDS
676-25 Sec. 2301.036. ELIGIBLE PROJECTS
676-26 Sec. 2301.037. EXERCISE OF OTHER POWERS
676-27 (Sections 2301.038 to 2301.060 reserved for expansion)
677-1 SUBCHAPTER C. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
677-2 Sec. 2301.061. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
677-3 TO ACT
677-4 Sec. 2301.062. AGREEMENTS
677-5 Sec. 2301.063. ACQUISITION OF PROPERTY
677-6 Sec. 2301.064. USE OF FUNDS
677-7 Sec. 2301.065. ELIGIBLE PROJECTS
677-8 Sec. 2301.066. EFFECT ON OTHER LAWS
677-9 Sec. 2301.067. ENFORCEMENT OF REGULATIONS
677-10 Sec. 2301.068. ELECTIONS
677-11 (Sections 2301.069 to 2301.090 reserved for expansion)
677-12 SUBCHAPTER D. BONDS AND OTHER FUNDS
677-13 Sec. 2301.091. BONDS
677-14 Sec. 2301.092. ISSUANCE OF BONDS
677-15 Sec. 2301.093. USE OF PROCEEDS
677-16 Sec. 2301.094. USE OF FUNDS
677-17 SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING
677-18 BOTH STATE AND LOCAL GOVERNMENTS
677-19 CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY
677-20 RESEARCH AUTHORITY
677-21 SUBCHAPTER A. GENERAL PROVISIONS
677-22 Sec. 2301.001. DEFINITIONS. In this chapter:
677-23 (1) "Agreement" includes a contract or lease.
677-24 (2) "Authority" means a research authority created
677-25 under this chapter.
677-26 (3) "Board" means the board of directors of an
677-27 authority.
678-1 (4) "Bond" means any type of obligation issued by an
678-2 authority under this chapter, including any bond, note, draft,
678-3 bill, warrant, debenture, interim certificate, revenue or bond
678-4 anticipation note, any form of contract the authority considers
678-5 appropriate for the purchase of property including an installment
678-6 purchase, conditional purchase, or lease with option to purchase,
678-7 or other evidence of indebtedness.
678-8 (5) "Eligible project" means a project necessary or
678-9 incidental to the super collider facility and its neighboring
678-10 communities, including the acquisition, construction, operation,
678-11 maintenance, or enhancement of:
678-12 (A) roads, bridges, and rights of way;
678-13 (B) housing;
678-14 (C) real and personal property;
678-15 (D) police, fire, medical, cultural,
678-16 educational, and research services, equipment, institutions, and
678-17 resources;
678-18 (E) other community support services;
678-19 (F) flood control, water, and wastewater
678-20 treatment facilities;
678-21 (G) other infrastructure improvements; and
678-22 (H) rights useful in connection with the super
678-23 collider facility and its neighboring communities.
678-24 (6) "Public entity" means any county, municipality,
678-25 district or authority created under Article III, Section 52, or
678-26 Article XVI, Section 59, of the Texas Constitution, or other
678-27 political or corporate body of the state.
679-1 (7) "Super collider facility" means any
679-2 superconducting super collider high-energy research facility that
679-3 is or is proposed to be sponsored, authorized, and funded in part
679-4 by the United States government. (V.A.C.S. Art. 4413(47e), Sec.
679-5 2.)
679-6 Sec. 2301.002. ESTABLISHMENT OF AUTHORITY. (a) Two or more
679-7 public entities, by adopting substantially identical resolutions,
679-8 orders, or ordinances, may establish a research authority and
679-9 specify the authority's powers consistent with this chapter.
679-10 (b) The name of an authority must include the name or
679-11 description of the area of the state in which the super collider
679-12 facility is located or proposed to be located.
679-13 (c) An additional public entity may join an authority:
679-14 (1) by adopting a resolution, order, or ordinance
679-15 substantially identical to those by which the authority is
679-16 established; and
679-17 (2) on attaining the consent of the public entities
679-18 that established the authority or that are subsequently added.
679-19 (d) Subject to the terms of an agreement entered into by an
679-20 authority, public entities comprising the authority may amend their
679-21 resolutions, orders, or ordinances establishing an authority by the
679-22 adoption of substantially identical amending resolutions, orders,
679-23 or ordinances. (V.A.C.S. Art. 4413(47e), Sec. 3(a).)
679-24 Sec. 2301.003. BOARD OF DIRECTORS. (a) An authority is
679-25 governed by a board of directors composed of the number of
679-26 directors determined by the resolutions, orders, or ordinances
679-27 governing the authority. Directors serve two-year terms expiring
680-1 June 1 of each odd-numbered year.
680-2 (b) The board shall elect a presiding officer from among its
680-3 members.
680-4 (c) An employee, officer, or member of the governing body of
680-5 a participating public entity may serve as a director.
680-6 (d) A director, officer, or employee of an authority may not
680-7 have a personal interest, other than in the individual's official
680-8 capacity, in an agreement executed by the authority. (V.A.C.S.
680-9 Art. 4413(47e), Sec. 3(b).)
680-10 Sec. 2301.004. PAYMENT FROM AD VALOREM TAXES. (a) An
680-11 agreement that is between one or more public entities and an
680-12 authority and includes payments in whole or in part from ad valorem
680-13 taxes levied by the public entity may provide that the authority
680-14 shall establish a uniform tax rate that each participating public
680-15 entity is obligated to levy and collect for the authority and pay
680-16 to the authority as provided by the agreement. The rate
680-17 established by the authority may not exceed any maximum rate in the
680-18 agreement.
680-19 (b) A payment under an agreement under this section that is
680-20 made in whole or in part from ad valorem taxes is payment of
680-21 principal and interest on an evidence of indebtedness of the public
680-22 entity for the purposes of Section 26.04, Tax Code, regardless of
680-23 whether the agreement constitutes "debt" within the meaning of that
680-24 section or pays the principal and interest on bonds of the
680-25 authority. (V.A.C.S. Art. 4413(47e), Sec. 5(d).)
680-26 Sec. 2301.005. WRITTEN CONTRACT REQUIREMENTS. (a) A county
680-27 may not contract with an authority providing for periodic payments
681-1 to be made by the county for longer than one year unless the
681-2 authority also contracts as provided by Subsection (b) with at
681-3 least two other counties.
681-4 (b) Each contract executed under this section must:
681-5 (1) be in writing;
681-6 (2) be in substantially the same form, except as to
681-7 the source and timing of funds to be paid under the contract;
681-8 (3) provide that funds or any amounts earned from the
681-9 investment of those funds received by the authority under the
681-10 contract may not be used for payment of salary to an employee of
681-11 the authority; and
681-12 (4) provide that funds received by the authority under
681-13 the contract may be used only to pay or reimburse the costs of the
681-14 acquisition of land or an interest in land or to pay expenses or
681-15 other costs incidental to that acquisition.
681-16 (c) The requirement that payments to be made under a
681-17 contract are determined according to a uniform amount for each
681-18 motor vehicle registered in the county does not make the contracts
681-19 have a different form. (V.A.C.S. Art. 4413(47e), Sec. 5A.)
681-20 Sec. 2301.006. TAX EXEMPTION. An authority and its
681-21 property, income, and operations are exempt from taxes imposed by
681-22 the state, an agency or instrumentality of this state, or a public
681-23 entity of the state. (V.A.C.S. Art. 4413(47e), Sec. 8.)
681-24 Sec. 2301.007. LOANS AND GRANTS. A public entity may make
681-25 loans and grants of public money or property for eligible projects
681-26 that contribute to the public purposes of development and
681-27 diversification of the economy of the state, the elimination of
682-1 underemployment and unemployment in the state, or the development
682-2 or expansion of transportation or commerce in the state. (V.A.C.S.
682-3 Art. 4413(47e), Sec. 9.)
682-4 (Sections 2301.008 to 2301.030 reserved for expansion)
682-5 SUBCHAPTER B. POWERS OF AN AUTHORITY
682-6 Sec. 2301.031. DESCRIPTION OF AUTHORITY. An authority is a
682-7 political and corporate body and a political subdivision of this
682-8 state. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
682-9 Sec. 2301.032. AUTHORITY TO BRING SUIT. An authority may
682-10 sue and be sued. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
682-11 Sec. 2301.033. AGREEMENTS. An authority may make agreements
682-12 with and accept donations, grants, and loans from any person,
682-13 including the United States, this state, a department or agency of
682-14 this state, a public entity, and a public or private corporation,
682-15 including those public entities creating the authority. (V.A.C.S.
682-16 Art. 4413(47e), Sec. 4(a) (part).)
682-17 Sec. 2301.034. ACQUISITION OF PROPERTY. An authority may:
682-18 (1) without taking competitive bids, acquire, convey,
682-19 grant, loan, pledge, mortgage, grant a security interest in, or
682-20 otherwise dispose of any land, easement, road, bridge,
682-21 infrastructure improvement, other property or improvement, service
682-22 or cash, or interest in any of the items described by this
682-23 subdivision that will permit or aid in the accomplishment of the
682-24 purposes of this chapter; and
682-25 (2) exercise the power of eminent domain to acquire
682-26 land, easements, and property interests as determined to be
682-27 necessary by the board for eligible projects, including the power
683-1 to acquire fee title in land condemned. (V.A.C.S. Art. 4413(47e),
683-2 Sec. 4(a) (part).)
683-3 Sec. 2301.035. FUNDS. An authority may:
683-4 (1) make loans to public or private entities to fund
683-5 eligible projects;
683-6 (2) issue bonds to fund eligible projects; and
683-7 (3) encumber its property, pledge its revenues, and
683-8 enter credit agreements, as defined by Chapter 656, Acts of the
683-9 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
683-10 Texas Civil Statutes), to secure its bonds. (V.A.C.S. Art.
683-11 4413(47e), Sec. 4(a) (part).)
683-12 Sec. 2301.036. ELIGIBLE PROJECTS. An authority may:
683-13 (1) undertake eligible projects;
683-14 (2) adopt and enforce reasonable rules to carry out
683-15 the authority's purposes, to secure and maintain safe, efficient,
683-16 and normal operation and maintenance of the super collider facility
683-17 and its eligible projects, and to regulate privileges on any land,
683-18 easement, or property interest adjoining the site of the super
683-19 collider facility to prevent activities on the adjoining land,
683-20 easement, or property interest that could adversely affect the
683-21 safe, efficient, and normal operation and maintenance of the super
683-22 collider facility or its eligible projects; and
683-23 (3) exercise any power necessary or useful to an
683-24 eligible project. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
683-25 Sec. 2301.037. EXERCISE OF OTHER POWERS. An authority may:
683-26 (1) adopt bylaws and exercise any power consistent
683-27 with this chapter and the resolutions, orders, or ordinances
684-1 creating the authority; and
684-2 (2) perform any act necessary for the full exercise of
684-3 the powers vested in the authority and exercise any power, right,
684-4 or duty that will permit accomplishment of the purposes of the
684-5 authority. (V.A.C.S. Art. 4413(47e), Sec. 4(a) (part).)
684-6 (Sections 2301.038 to 2301.060 reserved for expansion)
684-7 SUBCHAPTER C. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
684-8 Sec. 2301.061. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
684-9 TO ACT. A public entity or state agency may carry out the purposes
684-10 of this chapter without any further authorization. (V.A.C.S. Art.
684-11 4413(47e), Sec. 5(a) (part).)
684-12 Sec. 2301.062. AGREEMENTS. A public entity or state agency
684-13 may make agreements with and accept donations, grants, and loans
684-14 from any person, including the United States, this state, a
684-15 department or agency of this state, a public entity, and a public
684-16 or private corporation, including any authority and the Texas
684-17 National Research Laboratory Commission. (V.A.C.S. Art. 4413(47e),
684-18 Sec. 5(a) (part).)
684-19 Sec. 2301.063. ACQUISITION OF PROPERTY. A public entity or
684-20 state agency may without taking competitive bids, acquire, convey,
684-21 grant, loan, pledge, mortgage, grant a security interest in, or
684-22 otherwise dispose of any land, easement, road, bridge,
684-23 infrastructure improvement, or other property or improvement,
684-24 service or cash, or interest in any item described by this
684-25 subdivision that will permit or aid in the accomplishment of the
684-26 purposes of this chapter. (V.A.C.S. Art. 4413(47e), Sec. 5(a)
684-27 (part).)
685-1 Sec. 2301.064. USE OF FUNDS. A public entity or state
685-2 agency may:
685-3 (1) use its funds, including tax revenues, to plan,
685-4 acquire, construct, own, operate, maintain, or enhance eligible
685-5 projects, including, in the case of a public entity, eligible
685-6 projects located outside the jurisdiction or boundaries of the
685-7 public entity if the governing body of the public entity determines
685-8 that the project will contribute to the development and
685-9 diversification of the economy, the elimination of unemployment or
685-10 underemployment, or the development or expansion of commerce within
685-11 the public entity;
685-12 (2) levy taxes to provide for payment of amounts
685-13 required under agreements with any person, including the United
685-14 States, the state, a department and agency of this state, a public
685-15 entity, and a public or private corporation, including any
685-16 authority and the Texas National Research Laboratory Commission;
685-17 and
685-18 (3) pledge tax revenue to the payment of agreements.
685-19 (V.A.C.S. Art. 4413(47e), Sec. 5(a) (part).)
685-20 Sec. 2301.065. ELIGIBLE PROJECTS. (a) A public entity or
685-21 state agency may:
685-22 (1) participate in or undertake eligible projects; and
685-23 (2) adopt and enforce reasonable rules:
685-24 (A) to secure and maintain safe, efficient, and
685-25 normal operation and maintenance of the super collider facility and
685-26 its eligible projects;
685-27 (B) in the case of a public entity, to regulate
686-1 privileges on any land, easement, or property interest that is
686-2 located within the jurisdiction or boundaries of the public entity
686-3 and that adjoins the super collider facility site; and
686-4 (C) in the case of a public entity, to prevent
686-5 activities on adjoining land, easement, or property interest that
686-6 would adversely affect the safe, efficient, and normal operation
686-7 and maintenance of the super collider facility or its eligible
686-8 projects.
686-9 (b) A state agency may not exercise any rule-making powers
686-10 under Subsection (a). (V.A.C.S. Art. 4413(47e), Sec. 5(a) (part).)
686-11 Sec. 2301.066. EFFECT ON OTHER LAWS. This subchapter does
686-12 not change the power of the state or any state agency to levy,
686-13 collect, or set rates of taxes. (V.A.C.S. Art. 4413(47e), Sec.
686-14 5(a) (part).)
686-15 Sec. 2301.067. ENFORCEMENT OF REGULATIONS. (a) A person
686-16 who violates a rule adopted under Sections 2301.036 and 2301.065
686-17 commits an offense. An offense under this subsection is a Class C
686-18 misdemeanor.
686-19 (b) Public entities and an authority are encouraged to
686-20 cooperate in the adoption and enforcement of rules to achieve a
686-21 uniformity of standards applicable to the regulation of privileges
686-22 and activities on any land, easement, or property interest
686-23 adjoining the super collider facility site. (V.A.C.S. Art.
686-24 4413(47e), Secs. 4(b); 5(a) (part), (b).)
686-25 Sec. 2301.068. ELECTIONS. (a) A public entity may enter an
686-26 agreement payable by taxes or otherwise without authorization
686-27 through an election, if the transaction is not a bond or obligation
687-1 of a public entity issued for making loans or grants payable from
687-2 ad valorem taxes, within the meaning of Article III, Section 52-a,
687-3 of the Texas Constitution.
687-4 (b) An election required by the Texas Constitution to be
687-5 held by the public entity to authorize an agreement proposed to be
687-6 made under this chapter shall be held under the applicable law
687-7 governing bond elections for the public entity. (V.A.C.S.
687-8 Art. 4413(47e), Sec. 5(c).)
687-9 (Sections 2301.069 to 2301.090 reserved for expansion)
687-10 SUBCHAPTER D. BONDS AND OTHER FUNDS
687-11 Sec. 2301.091. BONDS. (a) By resolution, an authority may
687-12 authorize the issuance, sale, and delivery of bonds for the
687-13 accomplishment of its purposes.
687-14 (b) Any bonds that are payable from ad valorem taxes levied
687-15 by a public entity to pay principal and interest on bonds of an
687-16 authority may be issued only after an affirmative vote of the
687-17 qualified voters of the public entities that comprise the
687-18 authority.
687-19 (c) To accomplish the purposes of this chapter, an authority
687-20 has the powers granted to industrial development corporations by
687-21 Section 23, except the limitations provided by Subsection (a)(11)
687-22 of that section, and Sections 25(e), 26, 27, and 29, Development
687-23 Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
687-24 Statutes), but is otherwise governed by this chapter.
687-25 (d) In issuing bonds, an authority may exercise the powers
687-26 granted to the governing body of an issuer relating to the issuance
687-27 of obligations under Chapter 656, Acts of the 68th Legislature,
688-1 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
688-2 Statutes).
688-3 (e) The bonds may not be a debt or pledge of the faith and
688-4 credit of the state, the authority, or a public entity, but may be
688-5 payable solely from revenues arising under this chapter, from
688-6 grants provided by the United States, the state, a department or
688-7 agency of this state, public or private entities, or from
688-8 agreements with public or private entities.
688-9 (f) As determined by the board, an authority may pledge to
688-10 the payment of any bond the revenues of all or part of the eligible
688-11 projects acquired or undertaken by the authority.
688-12 (g) A bond issued by an authority shall contain on its face
688-13 a statement of the limitation in Subsections (e) and (f).
688-14 (V.A.C.S. Art. 4413(47e), Secs. 6(a) (part), (b) (part).)
688-15 Sec. 2301.092. ISSUANCE OF BONDS. (a) Bonds authorized
688-16 under Section 2301.091 may be executed and delivered as a single
688-17 issue or as several issues and may be in any denomination and form,
688-18 including registered uncertified obligations not represented by
688-19 written instruments and commonly known as book-entry obligations,
688-20 for which the registration of ownership and transfer shall be
688-21 provided by the authority under a system of books and records
688-22 maintained by a financial institution domiciled inside or outside
688-23 the state and serving as trustee, paying agent, or bond registrar.
688-24 (b) The bonds of an authority must be signed by the
688-25 presiding officer or assistant presiding officer of the authority,
688-26 be attested by the secretary, and bear the seal of the authority.
688-27 The signatures may be printed or lithographed on the bonds if
689-1 authorized by the authority, and the seal may be impressed,
689-2 lithographed, or printed on the bonds.
689-3 (c) The authority may adopt or use for any purpose the
689-4 signature of an individual who has been an officer of the
689-5 authority, regardless of whether the individual has ceased to be an
689-6 officer at the time the bonds are delivered to a purchaser.
689-7 (d) The bonds must mature serially or otherwise not to
689-8 exceed 40 years after their respective dates of issuance and may be
689-9 sold at a public or private sale at a price or under terms
689-10 determined by the authority to be the most advantageous reasonably
689-11 obtainable.
689-12 (e) The bonds may bear no interest or a rate of interest
689-13 determined by the authority or by a contractual agreement approved
689-14 by the authority, but may not exceed the maximum net effective
689-15 interest rate allowed by Chapter 3, Acts of the 61st Legislature,
689-16 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
689-17 Statutes).
689-18 (f) The bonds may be subject to redemption before maturity
689-19 at times and prices approved by the authority.
689-20 (g) The bonds are subject to review and approval by the
689-21 attorney general in the same manner and with the same effect as is
689-22 provided by Chapter 656, Acts of the 68th Legislature, Regular
689-23 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
689-24 (h) The bonds are legal and authorized investments for a
689-25 bank, trust company, savings and loan association, insurance
689-26 company, fiduciary, trustee, or guardian or a sinking fund of a
689-27 municipality, county, school district, or other political
690-1 subdivision of this state.
690-2 (i) The bonds may be used to secure deposits of public funds
690-3 of this state and municipalities, counties, school districts, or
690-4 other political subdivisions of this state. The bonds are lawful
690-5 and sufficient security for deposits to the extent of the principal
690-6 amount of the bonds or their value on the market, whichever is
690-7 less, when accompanied by all attached unmatured coupons.
690-8 (j) An authority may issue bonds to refund all or part of
690-9 its outstanding bonds, including unpaid interest, in the manner
690-10 provided by law.
690-11 (k) The bonds, any interest on the bonds, any transaction
690-12 relating to the bonds, and any profit made in the sale of the bonds
690-13 are exempt from taxation by the state, an agency or instrumentality
690-14 of the state, or any political subdivision of the state. (V.A.C.S.
690-15 Art. 4413(47e), Secs. 6(d), (e), (f), (g), (h), (i).)
690-16 Sec. 2301.093. USE OF PROCEEDS. (a) The proceeds of bonds
690-17 issued under this chapter may be used only to finance eligible
690-18 projects, pay professional and consulting fees and related
690-19 expenses, and pay the costs of issuance of the bonds.
690-20 (b) An authority may set aside from the proceeds of the sale
690-21 of bonds amounts for payments into the interest and sinking fund
690-22 and reserve fund, and for interest and operating expenses during
690-23 construction and development, as specified in the proceedings
690-24 authorizing the bonds.
690-25 (c) Bond proceeds may be invested, pending their use, in
690-26 securities, interest-bearing certificates, and time deposits as
690-27 specified in the authorizing proceedings. (V.A.C.S. Art.
691-1 4413(47e), Secs. 6(c), 7 (part).)
691-2 Sec. 2301.094. USE OF FUNDS. The authority may use funds,
691-3 including tax revenues or other money received by the authority
691-4 from a public entity, to finance eligible projects located outside
691-5 the jurisdiction or boundary of the public entity, if the
691-6 governing body of the public entity determines that the eligible
691-7 projects will contribute to the development and diversification of
691-8 the economy, the elimination of unemployment or underemployment, or
691-9 the development or expansion of commerce within the public entity.
691-10 (V.A.C.S. Art. 4413(47e), Sec. 7 (part).)
691-11 CHAPTER 2302. COGENERATION
691-12 SUBCHAPTER A. GENERAL PROVISIONS
691-13 Sec. 2302.001. DEFINITIONS
691-14 Sec. 2302.002. COMPOSITION OF COUNCIL
691-15 Sec. 2302.003. PRESIDING OFFICER
691-16 Sec. 2302.004. COMPENSATION
691-17 Sec. 2302.005. COUNCIL EXPENSES
691-18 Sec. 2302.006. EXPERTS
691-19 Sec. 2302.007. DUTIES OF COUNCIL
691-20 (Sections 2302.008 to 2302.020 reserved for expansion)
691-21 SUBCHAPTER B. COGENERATION
691-22 Sec. 2302.021. STATE AGENCY COGENERATION PROJECTS
691-23 Sec. 2302.022. APPLICATION
691-24 Sec. 2302.023. JOINT COGENERATION PROJECTS
691-25 Sec. 2302.024. AUTHORITY TO SELL POWER
691-26 Sec. 2302.025. MONEY FROM POWER SALES
691-27 (Sections 2302.026 to 2302.040 reserved for expansion)
692-1 SUBCHAPTER C. ENFORCEMENT
692-2 Sec. 2302.041. COOPERATION WITH COGENERATING STATE AGENCIES
692-3 Sec. 2302.042. PETITION FOR ENFORCEMENT
692-4 Sec. 2302.043. ORDER OR RULING
692-5 Sec. 2302.044. JURISDICTION
692-6 CHAPTER 2302. COGENERATION
692-7 SUBCHAPTER A. GENERAL PROVISIONS
692-8 Sec. 2302.001. DEFINITIONS. In this chapter:
692-9 (1) "Cogenerating state agency" means a state agency
692-10 that has constructed or operates a state agency cogeneration
692-11 facility.
692-12 (2) "Commission" means the Public Utility Commission
692-13 of Texas.
692-14 (3) "Council" means the State Cogeneration Council.
692-15 (4) "Firm power" means power or power-producing
692-16 capacity that, under an enforceable obligation, is available to the
692-17 purchasing party according to a schedule over a specified term.
692-18 (5) "Nonfirm power" means power provided under an
692-19 arrangement that does not guarantee that power will be available
692-20 according to a schedule but provides instead for delivery of power
692-21 as it is available.
692-22 (6) "Qualifying facility" means a qualifying small
692-23 power production facility or a qualifying cogeneration facility as
692-24 defined by Sections 3(17)(C) and 3(18)(B) of the Federal Power Act
692-25 (16 U.S.C. Sections 796(17)(C) and 796(18)(B)).
692-26 (7) "State agency" means an office, department,
692-27 commission, or board of any branch of state government or an
693-1 institution of higher education as defined by Section 61.003,
693-2 Education Code.
693-3 (8) "State agency cogeneration facility" means a
693-4 qualifying facility constructed or operated by a state agency for
693-5 the benefit of a state agency facility that is located adjacent to
693-6 or on property contiguous with the site of the qualifying facility.
693-7 (V.A.C.S. Art. 4413(55), Sec. 1 (part).)
693-8 Sec. 2302.002. COMPOSITION OF COUNCIL. The council is
693-9 composed of:
693-10 (1) one representative with knowledge of cogeneration
693-11 from each of the following agencies, appointed by and serving at
693-12 the pleasure of the agency's presiding officer:
693-13 (A) the commission;
693-14 (B) the Railroad Commission of Texas;
693-15 (C) the General Services Commission; and
693-16 (D) the Texas Natural Resource Conservation
693-17 Commission;
693-18 (2) one representative of the office of the attorney
693-19 general, appointed by the attorney general; and
693-20 (3) one representative of higher education, appointed
693-21 by the governor. (V.A.C.S. Art. 4413(55), Sec. 2(a).)
693-22 Sec. 2302.003. PRESIDING OFFICER. (a) The council shall
693-23 elect one of its members presiding officer at the first council
693-24 meeting after the appointment of a new member.
693-25 (b) The presiding officer may vote only to break a tie.
693-26 (V.A.C.S. Art. 4413(55), Sec. 2(b).)
693-27 Sec. 2302.004. COMPENSATION. A council member serves
694-1 without compensation but is entitled to reimbursement for expenses
694-2 as provided by the General Appropriations Act. (V.A.C.S. Art.
694-3 4413(55), Sec. 2(c).)
694-4 Sec. 2302.005. COUNCIL EXPENSES. (a) The state agencies
694-5 represented on the council shall pay the council's incidental
694-6 expenses.
694-7 (b) The state agencies represented on the council may spend
694-8 money to assist the council in performing its duties.
694-9 (c) The council may not require a state agency represented
694-10 on the council to spend money without the agency's consent.
694-11 (V.A.C.S. Art. 4413(55), Sec. 2(d).)
694-12 Sec. 2302.006. EXPERTS. (a) The council may contract for
694-13 the services of experts to assist in performing its duties.
694-14 (b) The expenses of an expert may be paid for by:
694-15 (1) the state agencies represented on the council;
694-16 (2) general appropriation of the legislature;
694-17 (3) a specific appropriation of oil overcharge funds
694-18 received by the state; or
694-19 (4) other receipt of oil overcharge funds received by
694-20 the state. (V.A.C.S. Art. 4413(55), Sec. 3(b).)
694-21 Sec. 2302.007. DUTIES OF COUNCIL. The council shall:
694-22 (1) assist, inform, and advise a state agency
694-23 concerning legal, technical, economic, and contractual issues
694-24 related to cogeneration;
694-25 (2) approve or disapprove, solely on economic and
694-26 technical grounds, an application for a state agency cogeneration
694-27 facility; and
695-1 (3) adopt rules and procedures necessary for
695-2 exercising council duties. (V.A.C.S. Art. 4413(55), Secs. 3(a),
695-3 (c).)
695-4 (Sections 2302.008 to 2302.020 reserved for expansion)
695-5 SUBCHAPTER B. COGENERATION
695-6 Sec. 2302.021. STATE AGENCY COGENERATION PROJECTS. (a) A
695-7 state agency may not construct or operate a state agency
695-8 cogeneration facility unless the council has approved the size and
695-9 design of the facility.
695-10 (b) A state agency cogeneration facility's size and design
695-11 is limited to the size and design that is necessary to supply
695-12 economically the cogenerating state agency, considering the optimum
695-13 balance of annual thermal and electrical energy requirements and
695-14 any expansions anticipated in the near future.
695-15 (c) This section does not apply to a state agency
695-16 cogeneration facility if, before September 1, 1987:
695-17 (1) the facility was in operation;
695-18 (2) the facility's final engineering design had been
695-19 completed; or
695-20 (3) construction of the facility had begun. (V.A.C.S.
695-21 Art. 4413(55), Secs. 4(b), (c), (e).)
695-22 Sec. 2302.022. APPLICATION. (a) A state agency shall file
695-23 with the council for approval an application prescribed by the
695-24 council to construct or operate a state agency cogeneration
695-25 facility.
695-26 (b) The council shall approve or disapprove a state agency's
695-27 application to construct or operate a state agency cogeneration
696-1 facility within six months of the date the application is filed.
696-2 (V.A.C.S. Art. 4413(55), Secs. 4(a), (d).)
696-3 Sec. 2302.023. JOINT COGENERATION PROJECTS. Subject to this
696-4 chapter, two or more state agencies may jointly construct or
696-5 operate a state agency cogeneration facility. (V.A.C.S. Art.
696-6 4413(55), Sec. 4(f).)
696-7 Sec. 2302.024. AUTHORITY TO SELL POWER. (a) After the
696-8 council has approved the application to construct or operate a
696-9 cogeneration facility, a cogenerating state agency may contract in
696-10 the same manner as a qualifying facility for the sale to an
696-11 electric utility of firm or nonfirm power produced by the state
696-12 agency cogeneration facility that exceeds the agency's power
696-13 requirements.
696-14 (b) A cogenerating state agency may consult with the council
696-15 about the price or other terms of a contract entered under this
696-16 section. (V.A.C.S. Art. 4413(55), Secs. 5(a), (b).)
696-17 Sec. 2302.025. MONEY FROM POWER SALES. (a) A state agency
696-18 shall first apply money it collects from the sale of firm or
696-19 nonfirm power to retire any outstanding debt and pay operating
696-20 expenses that result from constructing and maintaining the state
696-21 agency cogeneration facility.
696-22 (b) A state agency shall deposit to the credit of the
696-23 general revenue fund any money it collects under this chapter that
696-24 exceeds the amount needed to service the debt and pay the operating
696-25 expenses of the state agency cogeneration facility. (V.A.C.S. Art.
696-26 4413(55), Sec. 5(c).)
696-27 (Sections 2302.026 to 2302.040 reserved for expansion)
697-1 SUBCHAPTER C. ENFORCEMENT
697-2 Sec. 2302.041. COOPERATION WITH COGENERATING STATE AGENCIES.
697-3 A political subdivision, municipality, or agency of the state that
697-4 operates, maintains, or controls a facility that provides retail
697-5 electric utility service:
697-6 (1) shall cooperate with a cogenerating state agency
697-7 that attempts to sell firm or nonfirm power; and
697-8 (2) may not adopt rates, pricing policies, access
697-9 restrictions, or other rules inconsistent with the intent of this
697-10 chapter. (V.A.C.S. Art. 4413(55), Sec. 6(a).)
697-11 Sec. 2302.042. PETITION FOR ENFORCEMENT. (a) A state
697-12 agency may file a petition with the commission to enforce Section
697-13 2302.041.
697-14 (b) Notwithstanding any other law, if a state agency files a
697-15 petition under this section, the commission may determine issues
697-16 relating to rates, pricing policies, access restrictions, and other
697-17 matters regarding a state agency cogeneration facility as necessary
697-18 to enforce Section 2302.041.
697-19 (c) The commission retains jurisdiction until the commission
697-20 by final order resolves the issues raised in the petition.
697-21 (V.A.C.S. Art. 4413(55), Sec. 6(b).)
697-22 Sec. 2302.043. ORDER OR RULING. (a) A commission order or
697-23 ruling entered under this chapter is considered to have been
697-24 entered or adopted under the Public Utility Regulatory Act (Article
697-25 1446c, Vernon's Texas Civil Statutes).
697-26 (b) A commission order or ruling entered under this chapter
697-27 is enforced under Sections 71 through 77 of the Public Utility
698-1 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes).
698-2 (V.A.C.S. Art. 4413(55), Sec. 6(c).)
698-3 Sec. 2302.044. JURISDICTION. This chapter does not enlarge
698-4 or modify the commission's jurisdiction over a political
698-5 subdivision, municipality, or agency of the state. (V.A.C.S. Art.
698-6 4413(55), Sec. 6(d).)
698-7 CHAPTER 2303. ENTERPRISE ZONES
698-8 SUBCHAPTER A. GENERAL PROVISIONS
698-9 Sec. 2303.001. SHORT TITLE
698-10 Sec. 2303.002. PURPOSES
698-11 Sec. 2303.003. DEFINITIONS
698-12 Sec. 2303.004. JURISDICTION OF MUNICIPALITY
698-13 (Sections 2303.005 to 2303.050 reserved for expansion)
698-14 SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES
698-15 RELATING TO ZONES
698-16 Sec. 2303.051. GENERAL POWERS AND DUTIES
698-17 Sec. 2303.052. EVALUATION; REPORT
698-18 Sec. 2303.053. ASSISTANCE
698-19 Sec. 2303.054. COORDINATION WITH OTHER GOVERNMENTAL
698-20 ENTITIES
698-21 (Sections 2303.055 to 2303.100 reserved for expansion)
698-22 SUBCHAPTER C. DESIGNATION OF ENTERPRISE ZONE
698-23 Sec. 2303.101. CRITERIA FOR ENTERPRISE ZONE DESIGNATION
698-24 Sec. 2303.102. AREA OF PERVASIVE POVERTY, UNEMPLOYMENT,
698-25 AND ECONOMIC DISTRESS
698-26 Sec. 2303.103. NOMINATION OF ENTERPRISE ZONE
698-27 Sec. 2303.104. NOMINATING ORDINANCE OR ORDER
699-1 Sec. 2303.105. APPLICATION FOR DESIGNATION
699-2 Sec. 2303.106. REVIEW OF APPLICATION
699-3 Sec. 2303.107. DESIGNATION AGREEMENT
699-4 Sec. 2303.108. DENIAL OF APPLICATION; NOTICE
699-5 Sec. 2303.109. PERIOD OF DESIGNATION
699-6 Sec. 2303.110. AMENDING BOUNDARIES
699-7 Sec. 2303.111. REMOVAL OF DESIGNATION
699-8 (Sections 2303.112 to 2303.200 reserved for expansion)
699-9 SUBCHAPTER D. ADMINISTRATION OF ENTERPRISE ZONE
699-10 Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY
699-11 Sec. 2303.202. ADMINISTRATION BY ADMINISTRATIVE
699-12 AUTHORITY
699-13 Sec. 2303.203. PARTICIPATION BY NEIGHBORHOOD
699-14 ENTERPRISE ASSOCIATIONS
699-15 Sec. 2303.204. LIAISON
699-16 Sec. 2303.205. ANNUAL REPORT
699-17 (Sections 2303.206 to 2303.300 reserved for expansion)
699-18 SUBCHAPTER E. NEIGHBORHOOD ENTERPRISE ASSOCIATIONS
699-19 Sec. 2303.301. ORGANIZATION OF NEIGHBORHOOD
699-20 ENTERPRISE ASSOCIATION
699-21 Sec. 2303.302. CERTIFICATION OF ASSOCIATION
699-22 Sec. 2303.303. MEMBERSHIP; VOTING
699-23 Sec. 2303.304. POWERS OF NEIGHBORHOOD ENTERPRISE
699-24 ASSOCIATIONS
699-25 Sec. 2303.305. APPROVED PROJECTS
699-26 (Sections 2303.306 to 2303.400 reserved for expansion)
699-27 SUBCHAPTER F. QUALIFIED BUSINESSES AND ENTERPRISE PROJECTS
700-1 Sec. 2303.401. QUALIFIED BUSINESS
700-2 Sec. 2303.402. PROHIBITION ON QUALIFIED BUSINESS
700-3 CERTIFICATION
700-4 Sec. 2303.403. ENTERPRISE PROJECT DESIGNATION
700-5 (Sections 2303.404 to 2303.500 reserved for expansion)
700-6 SUBCHAPTER G. ENTERPRISE ZONE BENEFITS
700-7 Sec. 2303.501. EXEMPTIONS FROM STATE REGULATION; SUSPENSION
700-8 OF LOCAL REGULATION
700-9 Sec. 2303.502. REVIEW OF STATE AGENCY RULES; REPORT
700-10 Sec. 2303.503. STATE PREFERENCES
700-11 Sec. 2303.504. STATE TAX REFUNDS AND DEDUCTION; REPORT
700-12 Sec. 2303.505. LOCAL SALES AND USE TAX REFUNDS
700-13 Sec. 2303.506. REDUCTION OR ELIMINATION OF LOCAL
700-14 FEES OR TAXES
700-15 Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT
700-16 Sec. 2303.508. TAX EXEMPTION FOR NEIGHBORHOOD ENTERPRISE
700-17 ASSOCIATION
700-18 Sec. 2303.509. DEVELOPMENT BONDS
700-19 Sec. 2303.510. INDUSTRIAL DEVELOPMENT CORPORATION
700-20 Sec. 2303.511. OTHER LOCAL INCENTIVES
700-21 Sec. 2303.512. LEASE OF PUBLIC PROPERTY TO NEIGHBORHOOD
700-22 ENTERPRISE ASSOCIATION
700-23 Sec. 2303.513. DISPOSITION OF PUBLIC PROPERTY IN
700-24 ENTERPRISE ZONE
700-25 Sec. 2303.514. WAIVER OF PERFORMANCE BOND
700-26 Sec. 2303.515. LIABILITY OF CONTRACTOR OR ARCHITECT
700-27 CHAPTER 2303. ENTERPRISE ZONES
701-1 SUBCHAPTER A. GENERAL PROVISIONS
701-2 Sec. 2303.001. SHORT TITLE. This chapter may be cited as
701-3 the Texas Enterprise Zone Act. (V.A.C.S. Art. 5190.7, Sec. 1.)
701-4 Sec. 2303.002. PURPOSES. The purposes of this chapter are
701-5 to establish a process that clearly identifies severely distressed
701-6 areas of the state and provides incentives by state and local
701-7 government to induce private investment in those areas by removing
701-8 unnecessary governmental regulatory barriers to economic growth and
701-9 to provide tax incentives and economic development program
701-10 benefits. (V.A.C.S. Art. 5190.7, Sec. 2(c).)
701-11 Sec. 2303.003. DEFINITIONS. In this chapter:
701-12 (1) "Day" means the period between 8 a.m. and 5 p.m.
701-13 of a day other than a Saturday, Sunday, or state or federal
701-14 holiday.
701-15 (2) "Department" means the Texas Department of
701-16 Commerce.
701-17 (3) "Enterprise zone" means an area designated as an
701-18 enterprise zone under this chapter.
701-19 (4) "Neighborhood enterprise association" means an
701-20 association certified as a neighborhood enterprise association
701-21 under Section 2303.302.
701-22 (5) "Nominating body" means the governing body of a
701-23 municipality or county, or a combination of the governing bodies of
701-24 municipalities or counties, that nominates and applies for
701-25 designation of an area as an enterprise zone.
701-26 (6) "Qualified business" means a person certified as a
701-27 qualified business under Section 2303.401.
702-1 (7) "Qualified employee" means a person who:
702-2 (A) works for a qualified business; and
702-3 (B) performs at least 50 percent of the person's
702-4 service for the business in the enterprise zone. (V.A.C.S. Art.
702-5 5190.7, Secs. 3(a)(2), (3), (7), (9), (12).)
702-6 Sec. 2303.004. JURISDICTION OF MUNICIPALITY. For the
702-7 purposes of this chapter, territory in the extraterritorial
702-8 jurisdiction of a municipality is considered to be in the
702-9 jurisdiction of the municipality. (V.A.C.S. Art. 5190.7, Sec.
702-10 3(b).)
702-11 (Sections 2303.005 to 2303.050 reserved for expansion)
702-12 SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES RELATING TO ZONES
702-13 Sec. 2303.051. GENERAL POWERS AND DUTIES. (a) The
702-14 department shall administer and monitor the implementation of this
702-15 chapter.
702-16 (b) The department shall establish criteria and procedures
702-17 for designating a qualified area as an enterprise zone and for
702-18 designating an enterprise project.
702-19 (c) The department shall adopt rules necessary to carry out
702-20 the purposes of this chapter. (V.A.C.S. Art. 5190.7, Sec. 8(a)
702-21 (part).)
702-22 Sec. 2303.052. EVALUATION; REPORT. (a) The department
702-23 shall conduct a continuing evaluation of the programs of enterprise
702-24 zones.
702-25 (b) The department shall develop data from available
702-26 information demonstrating the relationship between the incentives
702-27 provided under this chapter and the economy.
703-1 (c) The department biennially shall review local incentives.
703-2 (d) On or before December 1 of each year the department
703-3 shall submit to the governor, the legislature, and the Legislative
703-4 Budget Board a report that:
703-5 (1) evaluates the effectiveness of the enterprise zone
703-6 program;
703-7 (2) describes the use of state and local incentives
703-8 under this chapter and their effect on revenue; and
703-9 (3) suggests legislation. (V.A.C.S. Art. 5190.7,
703-10 Secs. 8(a) (part), (g).)
703-11 Sec. 2303.053. ASSISTANCE. (a) The department shall
703-12 assist:
703-13 (1) a qualified business in obtaining the benefits of
703-14 any incentive or inducement program provided by law;
703-15 (2) a unit of local government in obtaining status as
703-16 a federal enterprise zone;
703-17 (3) the governing body of an enterprise zone in
703-18 obtaining assistance from another state agency, including training
703-19 and technical assistance to qualified businesses in a zone; and
703-20 (4) the governing body of an enterprise zone in
703-21 developing small business incubators.
703-22 (b) The department shall provide to persons desiring to
703-23 locate and engage in business in an enterprise zone information and
703-24 appropriate assistance relating to the required legal
703-25 authorization, including a state license, permit, certificate,
703-26 approval, registration, or charter, to engage in business in this
703-27 state.
704-1 (c) The department shall publicize existing tax incentives
704-2 and economic development programs in enterprise zones.
704-3 (d) On request the department shall offer to a unit of local
704-4 government having an enterprise zone within its jurisdiction
704-5 technical assistance relating to tax abatement and the development
704-6 of alternative revenue sources. (V.A.C.S. Art. 5190.7, Secs. 8(a)
704-7 (part), (b), (d), (f).)
704-8 Sec. 2303.054. COORDINATION WITH OTHER GOVERNMENTAL
704-9 ENTITIES. (a) In cooperation with the appropriate units of local
704-10 government and other state agencies, the department shall
704-11 coordinate and streamline state business assistance programs and
704-12 permit or license application procedures for businesses in
704-13 enterprise zones.
704-14 (b) The department shall:
704-15 (1) work with the responsible state and federal
704-16 agencies to coordinate enterprise zone programs with other programs
704-17 carried out in an enterprise zone, including housing, community and
704-18 economic development, small business, banking, financial
704-19 assistance, transportation, and employment training programs;
704-20 (2) work to expedite, to the greatest extent possible,
704-21 the consideration of applications for those programs by
704-22 consolidating forms or by other means; and
704-23 (3) work, when possible, for the consolidation of
704-24 periodic reports required under those programs into one summary
704-25 report.
704-26 (c) The department shall encourage other state agencies in
704-27 awarding grants, loans, or services to give priority to businesses
705-1 in enterprise zones. (V.A.C.S. Art. 5190.7, Secs. 8(c), (e), 24.)
705-2 (Sections 2303.055 to 2303.100 reserved for expansion)
705-3 SUBCHAPTER C. DESIGNATION OF ENTERPRISE ZONE
705-4 Sec. 2303.101. CRITERIA FOR ENTERPRISE ZONE DESIGNATION.
705-5 (a) To be designated as an enterprise zone an area must:
705-6 (1) have a continuous boundary;
705-7 (2) be at least one square mile but not larger than
705-8 the greater of:
705-9 (A) 10 square miles, excluding lakes, waterways,
705-10 and transportation arteries; or
705-11 (B) an area, not to exceed 20 square miles, that
705-12 is equal to five percent of the area, excluding lakes, waterways,
705-13 and transportation arteries, of the municipality, county, or
705-14 combination of municipalities or counties nominating the area as an
705-15 enterprise zone;
705-16 (3) be an area of pervasive poverty, unemployment, and
705-17 economic distress; and
705-18 (4) be nominated as an enterprise zone by an ordinance
705-19 or order adopted by the nominating body.
705-20 (b) The department may not designate an area as an
705-21 enterprise zone if three enterprise zones are located in the
705-22 jurisdiction of and were nominated as enterprise zones by the
705-23 governing body of the municipality or county nominating the area as
705-24 an enterprise zone. (V.A.C.S. Art. 5190.7, Secs. 4(a), 9(d).)
705-25 Sec. 2303.102. AREA OF PERVASIVE POVERTY, UNEMPLOYMENT, AND
705-26 ECONOMIC DISTRESS. An area is an area of pervasive poverty,
705-27 unemployment, and economic distress for the purposes of Section
706-1 2303.101 if:
706-2 (1) the average rate of unemployment in the area
706-3 during the most recent 12-month period for which data are available
706-4 was at least one and one-half times the local, state, or national
706-5 average for that period; or
706-6 (2) the area had a population loss of at least nine
706-7 percent during the most recent six-year period or at least three
706-8 percent during the most recent three-year period; and
706-9 (A) the area is a low-income poverty area;
706-10 (B) the area is in a jurisdiction or pocket of
706-11 poverty eligible for urban development action grants under federal
706-12 law, according to the most recent certification available from the
706-13 United States Department of Housing and Urban Development;
706-14 (C) at least 70 percent of the residents or
706-15 households of the area have an income that is less than 80 percent
706-16 of the median income of the residents or households of the locality
706-17 or state, whichever is less; or
706-18 (D) the nominating body establishes to the
706-19 satisfaction of the department that:
706-20 (i) chronic abandonment or demolition of
706-21 commercial or residential structures exists in the area;
706-22 (ii) substantial tax arrearages for
706-23 commercial or residential structures exist in the area;
706-24 (iii) substantial losses of businesses or
706-25 jobs have occurred in the area; or
706-26 (iv) the area is part of a disaster area
706-27 declared by the state or federal government during the preceding 18
707-1 months. (V.A.C.S. Art. 5190.7, Sec. 4(b).)
707-2 Sec. 2303.103. NOMINATION OF ENTERPRISE ZONE. (a) The
707-3 governing body of a municipality or county, individually or in
707-4 combination with other municipalities or counties, by ordinance or
707-5 order, as appropriate, may nominate as an enterprise zone an area
707-6 within its jurisdiction that meets the criteria under Section
707-7 2303.101.
707-8 (b) Unless the nominating body holds a public hearing before
707-9 adopting an ordinance or order under this section, the ordinance or
707-10 order is not valid.
707-11 (c) The governing body of a county may not nominate
707-12 territory in a municipality, including extraterritorial
707-13 jurisdiction of a municipality, to be included in a proposed
707-14 enterprise zone unless the governing body of the municipality also
707-15 nominates the territory and together with the county files a joint
707-16 application under Section 2303.105.
707-17 (d) The governing bodies of a combination of municipalities
707-18 or counties may not jointly nominate an area as an enterprise zone
707-19 unless the governing bodies have entered into a binding agreement
707-20 to administer the zone jointly.
707-21 (e) Notwithstanding Subsections (c) and (d), the governing
707-22 body of a county with a population of 750,000 or more may nominate
707-23 territory in that county that is in the extraterritorial
707-24 jurisdiction of a municipality to be included in one or more of the
707-25 county's enterprise zones, and the county shall administer a zone
707-26 that is established as the result of the nomination. (V.A.C.S.
707-27 Art. 5190.7, Secs. 5(a) (part), (b), (c), (d), (e).)
708-1 Sec. 2303.104. NOMINATING ORDINANCE OR ORDER. (a) An
708-2 ordinance or order nominating an area as an enterprise zone must:
708-3 (1) describe precisely the area to be included in the
708-4 zone by a legal description or reference to roadways, lakes,
708-5 waterways, or municipal or county boundaries;
708-6 (2) state a finding that the area meets the
708-7 requirements of this chapter;
708-8 (3) summarize briefly the incentives, including tax
708-9 incentives, that, at the election of the nominating body, apply to
708-10 business enterprises in the area; and
708-11 (4) nominate the area as an enterprise zone.
708-12 (b) At least one of the incentives summarized under
708-13 Subsection (a)(3) must not apply throughout the governmental entity
708-14 or entities nominating the area as an enterprise zone.
708-15 (c) This section does not prohibit a municipality or county
708-16 from extending additional incentives, including tax incentives, for
708-17 business enterprises in an enterprise zone by a separate ordinance
708-18 or order. (V.A.C.S. Art. 5190.7, Sec. 6.)
708-19 Sec. 2303.105. APPLICATION FOR DESIGNATION. (a) For an
708-20 area to be designated as an enterprise zone, the nominating body,
708-21 after nominating the area as an enterprise zone, must send to the
708-22 department a written application for designation of the area as an
708-23 enterprise zone.
708-24 (b) The application must include:
708-25 (1) a certified copy of the ordinance or order, as
708-26 appropriate, nominating the area as an enterprise zone;
708-27 (2) a map of the area showing existing streets and
709-1 highways;
709-2 (3) an analysis and appropriate supporting documents
709-3 and statistics demonstrating that the area qualifies for
709-4 designation as an enterprise zone;
709-5 (4) a statement that specifies each tax incentive,
709-6 grant, other financial incentive or benefit, or program to be
709-7 provided by the nominating body to business enterprises in the area
709-8 that is not to be provided throughout the governmental entity or
709-9 entities nominating the area as an enterprise zone;
709-10 (5) a statement of the economic development and
709-11 planning objectives for the area;
709-12 (6) a description of the functions, programs, and
709-13 services to be performed by a neighborhood enterprise association
709-14 in the area;
709-15 (7) an estimate of the economic impact of the
709-16 designation of the area as an enterprise zone on the revenues of
709-17 the governmental entity or entities nominating the area as an
709-18 enterprise zone, considering all the financial incentives and
709-19 benefits and the programs contemplated;
709-20 (8) a transcript or tape recording of all public
709-21 hearings on the proposed zone;
709-22 (9) if the application is a joint application, a
709-23 description and copy of the agreement between the applicants;
709-24 (10) the procedures for negotiating with residents,
709-25 community groups, and other entities affected by the designation of
709-26 the area as an enterprise zone and with qualified businesses in the
709-27 area;
710-1 (11) a description of the administrative authority, if
710-2 one is to be appointed for the enterprise zone under Section
710-3 2303.202; and
710-4 (12) any additional information the department
710-5 requires.
710-6 (c) Information required by Subsection (b) is for evaluation
710-7 purposes only. (V.A.C.S. Art. 5190.7, Secs. 5(a) (part), 7(a),
710-8 (b), (c) (part).)
710-9 Sec. 2303.106. REVIEW OF APPLICATION. (a) On receipt of an
710-10 application for the designation of an enterprise zone, the
710-11 department shall review the application to determine if the
710-12 nominated area qualifies for designation as an enterprise zone
710-13 under this chapter.
710-14 (b) The department shall allow an applicant to correct any
710-15 omission or clerical error in the application and to return the
710-16 application to the department on or before the 10th day after the
710-17 day on which the department receives the application. (V.A.C.S.
710-18 Art. 5190.7, Sec. 9(a) (part).)
710-19 Sec. 2303.107. DESIGNATION AGREEMENT. (a) If the
710-20 department determines that a nominated area for which a designation
710-21 application has been received satisfies the criteria under Section
710-22 2303.101, the department shall negotiate with the nominating body
710-23 for a designation agreement.
710-24 (b) A designation agreement must:
710-25 (1) designate the nominated area as an enterprise
710-26 zone; and
710-27 (2) designate the administrative authority, if one is
711-1 to be appointed for the zone under Section 2303.202, and describe
711-2 its functions and duties, which should include decision-making
711-3 authority and the authority to negotiate with affected entities.
711-4 (c) The department shall complete the negotiations and sign
711-5 the agreement not later than the 60th day after the day on which
711-6 the application is received unless the department extends that
711-7 period to the 90th day after the day on which the application was
711-8 received.
711-9 (d) If an agreement is not completed within the 60-day
711-10 period provided by Subsection (c), the department shall provide to
711-11 the nominating body the specific areas of concern and a final
711-12 proposal for the agreement.
711-13 (e) If the agreement is not executed before the 91st day
711-14 after the day on which the application was received, the
711-15 application is considered to be denied. (V.A.C.S. Art. 5190.7,
711-16 Secs. 9(c) (part), 22(b).)
711-17 Sec. 2303.108. DENIAL OF APPLICATION; NOTICE. (a) The
711-18 department may deny an application for the designation of an
711-19 enterprise zone only if the department determines that the
711-20 nominated area does not satisfy the criteria under Section
711-21 2303.101.
711-22 (b) The department shall inform the nominating body of the
711-23 specific reasons for denial of an application, including denial
711-24 under Section 2303.107(e). (V.A.C.S. Art. 5190.7, Secs. 7(c)
711-25 (part), 9(c) (part).)
711-26 Sec. 2303.109. PERIOD OF DESIGNATION. (a) An area may be
711-27 designated as an enterprise zone for a maximum of seven years. A
712-1 designation remains in effect until September 1 of the final year
712-2 of the designation.
712-3 (b) Notwithstanding Subsection (a), an area designated as a
712-4 federal enterprise zone may be designated as an enterprise zone for
712-5 longer than seven years but not longer than the period permitted by
712-6 federal law. (V.A.C.S. Art. 5190.7, Sec. 4(c).)
712-7 Sec. 2303.110. AMENDING BOUNDARIES. (a) The nominating
712-8 body may amend the boundary of an enterprise zone by ordinance or
712-9 order, as appropriate, adopted after a public hearing on the issue.
712-10 (b) The amended boundary:
712-11 (1) must be continuous;
712-12 (2) may not exceed the original size requirement of
712-13 Section 2303.101; and
712-14 (3) may not exclude any area originally included
712-15 within the boundary of the zone as designated.
712-16 (c) The entire enterprise zone with the amended boundary
712-17 must continue to meet the unemployment and economic distress
712-18 requirements of Section 2303.101.
712-19 (d) A nominating body may not make more than one boundary
712-20 amendment annually for an enterprise zone.
712-21 (e) For each amendment of an enterprise zone boundary, the
712-22 nominating body shall pay the department a reasonable fee, in an
712-23 amount specified by the department, not to exceed $500. The
712-24 department may use fees collected under this subsection to
712-25 administer this chapter and for other purposes to advance this
712-26 chapter. (V.A.C.S. Art. 5190.7, Secs. 4(d), (f).)
712-27 Sec. 2303.111. REMOVAL OF DESIGNATION. (a) The department
713-1 may remove the designation of an area as an enterprise zone if:
713-2 (1) the area no longer meets the criteria for
713-3 designation under this chapter or by department rule adopted under
713-4 this chapter; or
713-5 (2) the department determines that the governing body
713-6 of the enterprise zone has not complied with commitments made in
713-7 the ordinance or order nominating the area as an enterprise zone.
713-8 (b) The removal of a designation does not affect the
713-9 validity of:
713-10 (1) a tax incentive or regulatory relief granted or
713-11 accrued before the removal; or
713-12 (2) bonds issued under this chapter. (V.A.C.S. Art.
713-13 5190.7, Sec. 4(e).)
713-14 (Sections 2303.112 to 2303.200 reserved for expansion)
713-15 SUBCHAPTER D. ADMINISTRATION OF ENTERPRISE ZONE
713-16 Sec. 2303.201. ADMINISTRATION BY GOVERNING BODY. The
713-17 governing body of an enterprise zone is the governing body of the
713-18 municipality or county, or the governing bodies of the combination
713-19 of municipalities or counties, that applied to have the area
713-20 designated as an enterprise zone. (V.A.C.S. Art. 5190.7, Secs.
713-21 3(a)(8), 22(a) (part).)
713-22 Sec. 2303.202. ADMINISTRATION BY ADMINISTRATIVE AUTHORITY.
713-23 (a) The governing body of an enterprise zone may delegate its
713-24 administrative duties to an administrative authority appointed by
713-25 the governing body.
713-26 (b) An administrative authority must:
713-27 (1) be composed of 3, 5, 7, 9, 11, or 15 members;
714-1 (2) be a viable and responsive body generally
714-2 representative of all public or private entities that have a stake
714-3 in the development of the zone; and
714-4 (3) include enterprise zone residents and
714-5 representatives of the governing body of the zone and of local
714-6 businesses. (V.A.C.S. Art. 5190.7, Secs. 3(a)(1), 22(a) (part).)
714-7 Sec. 2303.203. PARTICIPATION BY NEIGHBORHOOD ENTERPRISE
714-8 ASSOCIATIONS. Each neighborhood enterprise association organized
714-9 under Subchapter E should:
714-10 (1) actively participate in the administration of the
714-11 enterprise zone for which the association was organized; and
714-12 (2) be encouraged to participate in planning and
714-13 carrying out activities in the enterprise zone. (V.A.C.S. Art.
714-14 5190.7, Sec. 22(c).)
714-15 Sec. 2303.204. LIAISON. The governing body of an enterprise
714-16 zone shall designate a liaison to communicate and negotiate with:
714-17 (1) the department;
714-18 (2) the administrative authority, if one exists;
714-19 (3) an enterprise project; and
714-20 (4) other entities in or affected by the enterprise
714-21 zone. (V.A.C.S. Art. 5190.7, Sec. 22(d).)
714-22 Sec. 2303.205. ANNUAL REPORT. (a) Not later than October 1
714-23 of each year, the governing body of an enterprise zone shall submit
714-24 to the department a report in the form required by the department.
714-25 (b) The report must be approved by the enterprise zone's
714-26 administrative authority, if one exists.
714-27 (c) The report must include:
715-1 (1) for the year preceding the date of the report:
715-2 (A) a list of local incentives for community
715-3 development available in the zone;
715-4 (B) the use of local incentives for which the
715-5 governing body provided in the ordinance or order nominating the
715-6 enterprise zone and the effect of those incentives on revenue;
715-7 (C) the number of businesses located in the
715-8 zone;
715-9 (D) a copy of the report required under Section
715-10 103, Internal Revenue Code of 1986 (26 U.S.C. Section 103), for all
715-11 industrial revenue bonds issued to finance projects located in the
715-12 zone; and
715-13 (E) a statement on the attainment of
715-14 revitalization goals for the zone; and
715-15 (2) for the year preceding the date on which the area
715-16 was designated as an enterprise zone, the number of businesses
715-17 located in the zone. (V.A.C.S. Art. 5190.7, Sec. 23.)
715-18 (Sections 2303.206 to 2303.300 reserved for expansion)
715-19 SUBCHAPTER E. NEIGHBORHOOD ENTERPRISE ASSOCIATIONS
715-20 Sec. 2303.301. ORGANIZATION OF NEIGHBORHOOD ENTERPRISE
715-21 ASSOCIATION. (a) Individuals residing in an enterprise zone may
715-22 organize a neighborhood enterprise association.
715-23 (b) Only one association may exist for a geographic
715-24 neighborhood area.
715-25 (c) The association must:
715-26 (1) be a nonprofit corporation organized under the
715-27 Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
716-1 Vernon's Texas Civil Statutes); and
716-2 (2) be eligible for federal tax exemption under
716-3 Section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C.
716-4 Section 501(c)).
716-5 (d) The articles of incorporation must:
716-6 (1) describe the geographic neighborhood area of the
716-7 association; and
716-8 (2) authorize the association to engage in business
716-9 only in the enterprise zone in which the neighborhood area is
716-10 located.
716-11 (e) The incorporators shall publish in a newspaper of
716-12 general circulation in the governmental entity or entities that
716-13 applied to have the area designated as an enterprise zone an
716-14 explanation of the proposed association and the incorporators'
716-15 rights in the association.
716-16 (f) A copy of the association's articles of incorporation
716-17 and bylaws shall be available for public inspection at:
716-18 (1) the office of the city manager or comparable
716-19 municipal officer if the entity is a municipality; or
716-20 (2) the county judge's office if the entity is a
716-21 county. (V.A.C.S. Art. 5190.7, Secs. 21(a), (b) (part), (c), (d).)
716-22 Sec. 2303.302. CERTIFICATION OF ASSOCIATION. (a) After a
716-23 neighborhood enterprise association is organized, the association's
716-24 board of directors must apply to the governing body of the
716-25 enterprise zone or to the department for certification as a
716-26 neighborhood enterprise association.
716-27 (b) The governing body of the enterprise zone or the
717-1 department may not grant certification unless the association has
717-2 hired or appointed a suitable chief executive officer. (V.A.C.S.
717-3 Art. 5190.7, Secs. 21(f), (g).)
717-4 Sec. 2303.303. MEMBERSHIP; VOTING. (a) The membership of a
717-5 neighborhood enterprise association may be composed only of
717-6 residents of the enterprise zone.
717-7 (b) An individual is entitled to be a member of a
717-8 neighborhood enterprise association if the individual is:
717-9 (1) a resident of the association's geographic
717-10 neighborhood area; and
717-11 (2) of voting age.
717-12 (c) To be entitled to vote, a member of the association must
717-13 have been a resident of the association's neighborhood area for at
717-14 least one year. (V.A.C.S. Art. 5190.7, Secs. 21(b) (part), (e).)
717-15 Sec. 2303.304. POWERS OF NEIGHBORHOOD ENTERPRISE
717-16 ASSOCIATIONS. (a) A neighborhood enterprise association may
717-17 purchase or lease publicly or privately owned real property.
717-18 (b) A neighborhood enterprise association with the approval
717-19 of and in coordination with the responsible state or local
717-20 governmental entity may:
717-21 (1) establish crime watch patrols in the association's
717-22 geographic neighborhood area;
717-23 (2) establish volunteer day-care centers;
717-24 (3) organize recreational activities for the
717-25 association's geographic neighborhood area youth;
717-26 (4) provide garbage collection;
717-27 (5) maintain and improve streets, bridges, and water
718-1 and sewer lines;
718-2 (6) provide energy conservation projects;
718-3 (7) provide health and clinic services;
718-4 (8) provide drug abuse programs;
718-5 (9) provide senior citizen assistance programs;
718-6 (10) maintain parks;
718-7 (11) rehabilitate, renovate, operate, or maintain low
718-8 or moderate income housing; and
718-9 (12) provide other types of public services as
718-10 authorized by law or rule.
718-11 (c) A service may be provided under Subsection (b) by the
718-12 association or, if feasible and prudent and after agreement with
718-13 the appropriate state or local governmental entity, by a private
718-14 firm or organization.
718-15 (d) The governmental entity responsible for providing a
718-16 service may contract with a neighborhood enterprise association to
718-17 provide services in an amount equal to the amount saved by the
718-18 entity by the provision of the service under the contract.
718-19 (e) A neighborhood enterprise association has powers
718-20 established by other law or rule, including powers available to
718-21 similar corporations under state law. (V.A.C.S. Art. 5190.7,
718-22 Secs. 21(i), (j), (n), (o).)
718-23 Sec. 2303.305. APPROVED PROJECTS. (a) On approval of the
718-24 governing body of an enterprise zone, a neighborhood enterprise
718-25 association may carry out projects other than those under Section
718-26 2303.304(b). The association must submit to the governing body an
718-27 application that describes the nature and benefit of the project
719-1 and that specifically states:
719-2 (1) how the project will contribute to the self-help
719-3 efforts of the residents of the association's geographic
719-4 neighborhood area;
719-5 (2) how the residents of the geographic neighborhood
719-6 area will be involved in the planning and implementation of the
719-7 project;
719-8 (3) whether there are sufficient resources to complete
719-9 the project and whether the association will be fiscally
719-10 responsible for the project; and
719-11 (4) whether the project will enhance the enterprise
719-12 zone by:
719-13 (A) creating permanent jobs;
719-14 (B) physically improving the housing stock;
719-15 (C) stimulating neighborhood business activity;
719-16 or
719-17 (D) preventing crime.
719-18 (b) If the governing body of an enterprise zone does not
719-19 disapprove an application submitted under Subsection (a) before the
719-20 45th day after the day of receipt of the application, the
719-21 application is considered to be approved.
719-22 (c) If the governing body of an enterprise zone disapproves
719-23 an application submitted under Subsection (a), the governing body
719-24 shall notify the association of the specific reasons for the
719-25 decision and shall allow the association to amend the application
719-26 on or before the 60th day after the date of the notification.
719-27 (d) The association shall furnish to the governing body of
720-1 the enterprise zone:
720-2 (1) an annual statement of the programmatic and
720-3 financial status of each approved project; and
720-4 (2) an audited financial statement of the project.
720-5 (V.A.C.S. Art. 5190.7, Secs. 21(k), (l), (m).)
720-6 (Sections 2303.306 to 2303.400 reserved for expansion)
720-7 SUBCHAPTER F. QUALIFIED BUSINESSES AND ENTERPRISE PROJECTS
720-8 Sec. 2303.401. QUALIFIED BUSINESS. (a) A person is a
720-9 qualified business if the department, for the purpose of state
720-10 benefits under this chapter, or the governing body of an enterprise
720-11 zone, for the purpose of local benefits, certifies that:
720-12 (1) the person is engaged in or has provided
720-13 substantial commitment to initiate the active conduct of a trade or
720-14 business in the enterprise zone; and
720-15 (2) at least 25 percent of the person's new employees
720-16 in the enterprise zone are:
720-17 (A) residents of any enterprise zone in the
720-18 jurisdiction of the governing body of the enterprise zone; or
720-19 (B) economically disadvantaged individuals.
720-20 (b) The governing body of an enterprise zone may certify a
720-21 franchise or subsidiary of a new or existing business as a
720-22 qualified business if the franchise or subsidiary:
720-23 (1) is located entirely in the enterprise zone; and
720-24 (2) maintains separate books and records of the
720-25 business activity conducted in the zone.
720-26 (c) For the purposes of this section, an economically
720-27 disadvantaged individual is an individual who:
721-1 (1) was unemployed for at least three months before
721-2 obtaining employment with the qualified business;
721-3 (2) receives public assistance benefits, including
721-4 welfare payments or food stamps, based on need and intended to
721-5 alleviate poverty;
721-6 (3) is an economically disadvantaged individual, as
721-7 defined by Section 4(8), Job Training Partnership Act (29 U.S.C.
721-8 Section 1503(8));
721-9 (4) is an individual with handicaps, as defined by 29
721-10 U.S.C. Section 706(8);
721-11 (5) is an inmate, as defined by Section 498.001;
721-12 (6) is entering the workplace after being confined in
721-13 a unit of the institutional division of the Texas Department of
721-14 Criminal Justice or a correctional facility authorized by Chapter
721-15 495; or
721-16 (7) meets the current low income or moderate income
721-17 limits developed under Section 8, United States Housing Act of 1937
721-18 (42 U.S.C. Section 1437f et seq.). (V.A.C.S. Art. 5190.7,
721-19 Secs. 3(a)(5) and (11), (c).)
721-20 Sec. 2303.402. PROHIBITION ON QUALIFIED BUSINESS
721-21 CERTIFICATION. If the department determines that the governing
721-22 body of an enterprise zone is not complying with this chapter, the
721-23 department shall prohibit the certification of a qualified business
721-24 in the zone until the department determines that the governing body
721-25 is complying with this chapter. (V.A.C.S. Art. 5190.7, Sec. 8(h).)
721-26 Sec. 2303.403. ENTERPRISE PROJECT DESIGNATION. (a) After
721-27 August 31, 1993, the department may not designate a business as an
722-1 enterprise project. The department's designation of a qualified
722-2 business as an enterprise project before that date is effective
722-3 until the fifth anniversary of the date on which the designation is
722-4 made.
722-5 (b) The department may remove an enterprise project
722-6 designation if it determines that the business is not complying
722-7 with a requirement for its designation. (V.A.C.S. Art. 5190.7,
722-8 Secs. 3(a)(6), 10(e), (g), (k) (part).)
722-9 (Sections 2303.404 to 2303.500 reserved for expansion)
722-10 SUBCHAPTER G. ENTERPRISE ZONE BENEFITS
722-11 Sec. 2303.501. EXEMPTIONS FROM STATE REGULATION; SUSPENSION
722-12 OF LOCAL REGULATION. (a) A state agency may exempt from its
722-13 regulation a qualified business, qualified employee, qualified
722-14 property, or neighborhood enterprise association in an enterprise
722-15 zone if the exemption is consistent with:
722-16 (1) the purposes of this chapter; and
722-17 (2) the protection and promotion of the general health
722-18 and welfare.
722-19 (b) A local government may suspend local regulation,
722-20 including an ordinance, rule, or standard, relating to zoning,
722-21 licensing, or building codes in an enterprise zone.
722-22 (c) An exemption from or suspension of regulation under this
722-23 section must be adopted in the same manner that the regulation was
722-24 adopted.
722-25 (d) The authorization provided by Subsection (a) or (b) does
722-26 not apply to regulation:
722-27 (1) that relates to:
723-1 (A) civil rights;
723-2 (B) equal employment;
723-3 (C) equal opportunity;
723-4 (D) fair housing rights; or
723-5 (E) preservation of historical sites or
723-6 historical artifacts;
723-7 (2) the relaxation of which is likely to harm the
723-8 public safety or public health, including environmental health; or
723-9 (3) that is specifically imposed by law.
723-10 (e) For the purposes of this section, property is classified
723-11 as qualified property if the property is:
723-12 (1) tangible personal property located in the
723-13 enterprise zone that was:
723-14 (A) acquired by a taxpayer not earlier than the
723-15 90th day before the date on which the area was designated as an
723-16 enterprise zone; and
723-17 (B) used predominately by the taxpayer in the
723-18 active conduct of a trade or business;
723-19 (2) real property located in the enterprise zone that
723-20 was:
723-21 (A) acquired by a taxpayer not earlier than the
723-22 90th day before the date on which the area was designated as an
723-23 enterprise zone and was used predominately by the taxpayer in the
723-24 active conduct of a trade or business; or
723-25 (B) the principal residence of the taxpayer on
723-26 the date of the sale or exchange; or
723-27 (3) an interest in an entity that was certified as a
724-1 qualified business under Section 2303.401 for the entity's most
724-2 recent tax year ending before the date of the sale or exchange.
724-3 (V.A.C.S. Art. 5190.7, Secs. 3(a)(13), 15(a), (c), (d).)
724-4 Sec. 2303.502. REVIEW OF STATE AGENCY RULES; REPORT. (a) A
724-5 state agency rule adopted after September 1, 1987, may provide,
724-6 when applicable, encouragements and incentives to increase:
724-7 (1) the renovation, improvement, or new construction
724-8 of housing in enterprise zones; and
724-9 (2) the economic viability and profitability of
724-10 business and commerce in enterprise zones.
724-11 (b) Annually each state agency shall:
724-12 (1) review the rules it administers that:
724-13 (A) may adversely affect:
724-14 (i) the renovation, improvement, or new
724-15 construction of housing in enterprise zones; or
724-16 (ii) the economic viability and
724-17 profitability of business and commerce in enterprise zones; or
724-18 (B) may otherwise affect the implementation of
724-19 this chapter; and
724-20 (2) report the results of the review to the
724-21 department.
724-22 (c) The department shall disseminate the reports to the
724-23 governing bodies of enterprise zones and others as necessary to
724-24 advance the purposes of this chapter.
724-25 (d) To contribute to the implementation of this chapter, an
724-26 agency may waive, modify, provide exemptions to, or otherwise
724-27 minimize the adverse effects of the rules it administers on the
725-1 renovation, improvement, or new construction of housing in
725-2 enterprise zones or on the economic viability and profitability of
725-3 business and commerce in enterprise zones. (V.A.C.S. Art. 5190.7,
725-4 Sec. 15(e).)
725-5 Sec. 2303.503. STATE PREFERENCES. (a) A state agency shall
725-6 give preference to the governing body of an enterprise zone or a
725-7 qualified business or qualified employee located in an enterprise
725-8 zone over other eligible applicants for grants or loans that are
725-9 administered by the state agency if:
725-10 (1) at least 50 percent of the grant or loan will be
725-11 spent for the direct benefit of the enterprise zone; and
725-12 (2) the purpose of the grant or loan is to:
725-13 (A) promote economic development in the
725-14 community; or
725-15 (B) construct, improve, extend, repair, or
725-16 maintain public facilities in the community.
725-17 (b) The state treasurer may and is encouraged to deposit
725-18 state money in financial institutions located or doing business in
725-19 enterprise zones.
725-20 (c) A state agency may and is encouraged to contract with
725-21 businesses located in enterprise zones.
725-22 (d) The department may give preference to enterprise zones
725-23 in granting economic development money or other benefits.
725-24 (V.A.C.S. Art. 5190.7, Sec. 18.)
725-25 Sec. 2303.504. STATE TAX REFUNDS AND DEDUCTION; REPORT.
725-26 (a) An enterprise project is entitled to:
725-27 (1) a refund of state taxes under Section 151.429, Tax
726-1 Code; and
726-2 (2) a deduction from taxable capital under Section
726-3 171.1015, Tax Code.
726-4 (b) A qualified business is entitled to a refund of state
726-5 taxes under Sections 151.431 and 171.501, Tax Code.
726-6 (c) Not later than the 60th day after the last day of each
726-7 fiscal year, the comptroller shall report to the department the
726-8 statewide total of the tax refunds made under this section during
726-9 that fiscal year. (V.A.C.S. Art. 5190.7, Secs. 9(b), 17.)
726-10 Sec. 2303.505. LOCAL SALES AND USE TAX REFUNDS. (a) To
726-11 encourage the development of areas designated as enterprise zones,
726-12 the governing body of a municipality through a program may refund
726-13 its local sales and use taxes paid by a qualified business on:
726-14 (1) the purchase, lease, or rental of equipment or
726-15 machinery for use in an enterprise zone; or
726-16 (2) the purchase of material for use in remodeling,
726-17 rehabilitating, or constructing a structure in an enterprise zone.
726-18 (b) To promote the public health, safety, or welfare, the
726-19 governing body of a municipality or county through a program may
726-20 refund its local sales and use taxes paid by a qualified business
726-21 or qualified employee.
726-22 (c) The governing body of a municipality or county that is
726-23 the governing body of an enterprise zone may provide for the
726-24 partial or total refund of its local sales and use taxes paid by a
726-25 person making a taxable purchase, lease, or rental for development
726-26 or revitalization in the zone.
726-27 (d) A person entitled to a refund of local sales and use
727-1 taxes under this section shall pay the entire amount of state and
727-2 local sales and use taxes at the time the taxes would be due if an
727-3 agreement for the refund did not exist.
727-4 (e) An agreement to refund local sales and use taxes under
727-5 this section must:
727-6 (1) be written;
727-7 (2) contain an expiration date; and
727-8 (3) require that the person entitled to the refund
727-9 provide to the municipality or county making the refund the
727-10 documentation necessary to support a refund claim.
727-11 (f) The municipality or county shall make the refund
727-12 directly to the person entitled to the refund in the manner
727-13 provided by the agreement. (V.A.C.S. Art. 5190.7, Sec. 12.)
727-14 Sec. 2303.506. REDUCTION OR ELIMINATION OF LOCAL FEES OR
727-15 TAXES. (a) To promote the public health, safety, or welfare, the
727-16 governing body of a municipality or county through a program may
727-17 reduce or eliminate fees or taxes that it imposes on a qualified
727-18 business or qualified employee.
727-19 (b) This section does not apply to sales and use taxes or
727-20 property taxes. (V.A.C.S. Art. 5190.7, Sec. 13 (part).)
727-21 Sec. 2303.507. TAX INCREMENT FINANCING AND ABATEMENT.
727-22 Designation of an area as an enterprise zone is also designation of
727-23 the area as a reinvestment zone for:
727-24 (1) tax increment financing under Chapter 311, Tax
727-25 Code; and
727-26 (2) tax abatement under Chapter 312, Tax Code.
727-27 (V.A.C.S. Art. 5190.7, Sec. 11.)
728-1 Sec. 2303.508. TAX EXEMPTION FOR NEIGHBORHOOD ENTERPRISE
728-2 ASSOCIATION. A neighborhood enterprise association is exempt from
728-3 state and local taxes during the period of the designation of the
728-4 enterprise zone in which it is located. The exemption applies to
728-5 tax arrearages and other back assessments on property leased under
728-6 Section 2303.512. (V.A.C.S. Art. 5190.7, Sec. 21(q).)
728-7 Sec. 2303.509. DEVELOPMENT BONDS. To finance a project in
728-8 an enterprise zone, bonds may be issued under:
728-9 (1) the Act for Development of Employment, Industrial
728-10 and Health Resources of 1971 (Article 5190.1, Vernon's Texas Civil
728-11 Statutes); or
728-12 (2) the Development Corporation Act of 1979 (Article
728-13 5190.6, Vernon's Texas Civil Statutes). (V.A.C.S. Art. 5190.7,
728-14 Sec. 19.)
728-15 Sec. 2303.510. INDUSTRIAL DEVELOPMENT CORPORATION. (a) The
728-16 governing body of a municipality that is the governing body of an
728-17 enterprise zone may create, in accordance with the Development
728-18 Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
728-19 Statutes), an industrial development corporation for use by the
728-20 enterprise zone.
728-21 (b) A corporation created under this section has the powers
728-22 and is subject to the limitations of a corporation created under
728-23 the Development Corporation Act of 1979. To the extent of a
728-24 conflict between this section and that Act, that Act prevails.
728-25 (c) The articles of incorporation of a corporation created
728-26 under this section must state that the corporation is governed by
728-27 this section.
729-1 (d) The governing body of the municipality that creates an
729-2 industrial development corporation shall appoint the board of
729-3 directors of the corporation. (V.A.C.S. Art. 5190.7, Sec. 25.)
729-4 Sec. 2303.511. OTHER LOCAL INCENTIVES. (a) The governing
729-5 body of a municipality or county that is the governing body of an
729-6 enterprise zone may:
729-7 (1) defer compliance in the zone with the subdivision
729-8 and development ordinances or rules, other than those relating to
729-9 streets and roads or sewer or water services, of the municipality
729-10 or county, as appropriate;
729-11 (2) give priority to the zone for the receipt of:
729-12 (A) urban development action grant money;
729-13 (B) community development block grant money;
729-14 (C) industrial revenue bonds; or
729-15 (D) funds received under the Texas Job-Training
729-16 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes);
729-17 (3) adopt and implement a plan for police protection
729-18 in the zone;
729-19 (4) amend the zoning ordinances of the municipality or
729-20 county, as appropriate, to promote economic development in the
729-21 zone;
729-22 (5) establish permitting preferences for businesses in
729-23 the zone;
729-24 (6) establish simplified, accelerated, or other
729-25 special permit procedures for businesses in the zone;
729-26 (7) waive development fees for projects in the zone;
729-27 (8) create a local enterprise zone fund for funding
730-1 bonds or other programs or activities to develop or revitalize the
730-2 zone;
730-3 (9) for qualified businesses in the zone, reduce rates
730-4 charged by:
730-5 (A) a utility owned by the municipality or
730-6 county, as appropriate; or
730-7 (B) a cooperative corporation or utility owned
730-8 by private investors, subject to the requirements of Subsection
730-9 (b);
730-10 (10) in issuing housing finance bonds, give priority
730-11 to persons or projects in the zone;
730-12 (11) in providing services, give priority to local
730-13 economic development, educational, job training, or transportation
730-14 programs that benefit the zone; or
730-15 (12) sell real property owned by the municipality or
730-16 county, as appropriate, and located in the enterprise zone in
730-17 accordance with Section 2303.513.
730-18 (b) A reduction in utility rates under Subsection (a)(9)(B)
730-19 is subject to the agreement of the affected utility and the
730-20 approval of the appropriate regulatory authority under Sections 16
730-21 and 17, Public Utility Regulatory Act (Article 1446c, Vernon's
730-22 Texas Civil Statutes). The rates may not be reduced more than five
730-23 percent. In setting the rates of the utility the appropriate
730-24 regulatory authority shall allow the utility to recover the amount
730-25 of the reduction. (V.A.C.S. Art. 5190.7, Sec. 14.)
730-26 Sec. 2303.512. LEASE OF PUBLIC PROPERTY TO NEIGHBORHOOD
730-27 ENTERPRISE ASSOCIATION. (a) The state or a local government may
731-1 lease to a neighborhood enterprise association real property
731-2 located in the association's geographical neighborhood area that is
731-3 owned by the governmental entity and that is not being used by the
731-4 entity.
731-5 (b) The lease must be for a term of not less than 20 years
731-6 and the full amount of the rental fees under the lease may not
731-7 exceed $1 a year.
731-8 (c) The state or local government shall renew the lease on
731-9 its expiration if the association has continuously complied with
731-10 Subchapter E during the lease term. (V.A.C.S. Art. 5190.7, Sec.
731-11 21(p).)
731-12 Sec. 2303.513. DISPOSITION OF PUBLIC PROPERTY IN ENTERPRISE
731-13 ZONE. (a) After an area is designated as an enterprise zone, the
731-14 state, a municipality, or a county that owns a surplus building or
731-15 vacant land in the zone may dispose of the building or land by:
731-16 (1) selling the building or land at a public auction;
731-17 (2) selling the land to a neighborhood enterprise
731-18 association; or
731-19 (3) establishing an urban homestead program described
731-20 by Subsection (c).
731-21 (b) A municipality or county may sell a surplus building or
731-22 vacant land in the enterprise zone at less than fair market value
731-23 if the governing body of the municipality or county by ordinance or
731-24 order, as appropriate, adopts criteria that specify the conditions
731-25 and circumstances under which the sale may occur and the public
731-26 purpose to be achieved by the sale. The building or land may be
731-27 sold to a buyer who is not the highest bidder if the criteria and
732-1 public purpose specified in the ordinance or order are satisfied.
732-2 A copy of the ordinance or order must be filed with the department
732-3 not later than the day on which the sale occurs.
732-4 (c) An urban homestead program must provide that:
732-5 (1) the state, municipality, or county is to sell to
732-6 an individual a residence or part of a residence that it owns for
732-7 an amount not to exceed $100;
732-8 (2) as a condition of the sale, the individual must
732-9 agree to live in the residence for at least seven years and to
732-10 renovate or remodel the residence to meet the level of maintenance
732-11 stated in an agreement between the individual and the governmental
732-12 entity; and
732-13 (3) after the individual satisfies the seven-year
732-14 residency and property improvement requirements of the agreement,
732-15 the governmental entity shall assign the residence to the
732-16 individual. (V.A.C.S. Art. 5190.7, Sec. 20.)
732-17 Sec. 2303.514. WAIVER OF PERFORMANCE BOND. A prime
732-18 contractor is not required to execute a performance bond under
732-19 Chapter 2253 if:
732-20 (1) the construction, alteration, repair, or other
732-21 public work to be performed under the contract is entirely in an
732-22 enterprise zone; and
732-23 (2) the amount of the contract does not exceed
732-24 $200,000. (V.A.C.S. Art. 5190.7, Sec. 16.)
732-25 Sec. 2303.515. LIABILITY OF CONTRACTOR OR ARCHITECT. A
732-26 contractor or architect who constructs or rehabilitates a building
732-27 in an enterprise zone is liable for any structural defect in the
733-1 building only for the period ending on the 10th anniversary of the
733-2 date on which beneficial occupancy of the building begins after the
733-3 construction or rehabilitation, notwithstanding a statute of
733-4 limitations to the contrary. (V.A.C.S. Art. 5190.7, Sec. 15(b).)
733-5 CHAPTER 2304. HOUSING REHABILITATION
733-6 SUBCHAPTER A. GENERAL PROVISIONS
733-7 Sec. 2304.001. SHORT TITLE
733-8 Sec. 2304.002. PURPOSES
733-9 Sec. 2304.003. DEFINITIONS
733-10 Sec. 2304.004. GENERAL POWERS OF DEPARTMENT
733-11 Sec. 2304.005. AUTHORITY OF DEPARTMENT TO ADOPT MINIMUM
733-12 HOUSING CODE STANDARDS
733-13 Sec. 2304.006. LIMITATION ON CONSTRUCTION OF HOUSING OR
733-14 ACQUISITION OF PROPERTY BY DEPARTMENT
733-15 Sec. 2304.007. PROHIBITION ON BORROWING, INCURRING
733-16 OBLIGATIONS, OR PLEDGING CREDIT
733-17 Sec. 2304.008. ALLOCATION OF AVAILABLE LOAN FUNDS
733-18 Sec. 2304.009. RELATIONSHIP OF DEPARTMENT AND
733-19 LOCAL GOVERNMENTS
733-20 Sec. 2304.010. DESIGNATION OF LOCAL AGENCY BY
733-21 LOCAL GOVERNMENT
733-22 Sec. 2304.011. EDUCATION PROGRAM CONDUCTED BY
733-23 LOCAL GOVERNMENT
733-24 (Sections 2304.012 to 2304.020 reserved for expansion)
733-25 SUBCHAPTER B. HOUSING REHABILITATION LOAN FUND
733-26 Sec. 2304.021. FUND
733-27 Sec. 2304.022. DEPOSITS TO FUND
734-1 Sec. 2304.023. PURPOSES OF FUND
734-2 Sec. 2304.024. INVESTMENT AND DISBURSEMENT OF FUND
734-3 (Sections 2304.025 to 2304.040 reserved for expansion)
734-4 SUBCHAPTER C. HOUSING REHABILITATION AREA PLAN
734-5 Sec. 2304.041. DESIGNATION OF AREA AND PREPARATION
734-6 OF PLAN
734-7 Sec. 2304.042. CONTENTS OF AREA PLAN
734-8 Sec. 2304.043. APPROVAL OF AREA PLAN
734-9 Sec. 2304.044. REJECTION OF AREA PLAN
734-10 (Sections 2304.045 to 2304.060 reserved for expansion)
734-11 SUBCHAPTER D. HOUSING REHABILITATION LOANS
734-12 Sec. 2304.061. PRIMARY USE FOR LOAN
734-13 Sec. 2304.062. DEPARTMENT LOAN RULES
734-14 Sec. 2304.063. LOAN APPLICATION
734-15 Sec. 2304.064. LOCAL GOVERNMENT APPROVAL OF LOAN
734-16 Sec. 2304.065. DEPARTMENT APPROVAL
734-17 Sec. 2304.066. DISBURSEMENT OF LOAN FUNDS
734-18 Sec. 2304.067. LIMIT ON AMOUNT OF LOAN
734-19 Sec. 2304.068. ADMINISTRATIVE CHARGE IMPOSED BY LOCAL
734-20 GOVERNMENT
734-21 Sec. 2304.069. INTEREST RATE
734-22 Sec. 2304.070. TERM OF LOAN
734-23 Sec. 2304.071. INSTALLMENT PAYMENTS
734-24 Sec. 2304.072. LOAN TO BE SECURED
734-25 Sec. 2304.073. OTHER LOAN CONDITIONS
734-26 Sec. 2304.074. ADJUSTMENTS IF BORROWER UNABLE
734-27 TO REPAY LOAN
735-1 Sec. 2304.075. DISPOSITION OR ENCUMBRANCE OF PROPERTY BY
735-2 BORROWER
735-3 Sec. 2304.076. CONDITIONS UNDER WHICH LOAN BECOMES IMMEDIATELY
735-4 DUE
735-5 Sec. 2304.077. ACQUISITION OF PROPERTY TO PROTECT LOAN
735-6 Sec. 2304.078. ACQUISITION OF PROPERTY TO ENFORCE LIEN
735-7 Sec. 2304.079. PUBLIC SALE OR AUCTION OF ACQUIRED PROPERTY
735-8 Sec. 2304.080. PRIVATE SALE
735-9 Sec. 2304.081. CONTRACT FOR SERVICING LOAN
735-10 Sec. 2304.082. AUDIT OF LOANS
735-11 (Sections 2304.083 to 2304.100 reserved for expansion)
735-12 SUBCHAPTER E. HOUSING REHABILITATION CONTRACTS
735-13 Sec. 2304.101. STANDARDS FOR CONTRACTORS AND CONTRACTS
735-14 Sec. 2304.102. LOCAL GOVERNMENT APPROVAL AND SUPERVISION
735-15 OF CONTRACTS
735-16 Sec. 2304.103. ADVERTISING REQUIREMENT FOR CERTAIN
735-17 CONTRACTS
735-18 Sec. 2304.104. PERFORMANCE AND PAYMENT BONDS
735-19 CHAPTER 2304. HOUSING REHABILITATION
735-20 SUBCHAPTER A. GENERAL PROVISIONS
735-21 Sec. 2304.001. SHORT TITLE. This chapter may be cited as
735-22 the Texas Housing Rehabilitation Act. (V.A.C.S. Art. 1269l-5, Sec.
735-23 1.)
735-24 Sec. 2304.002. PURPOSES. (a) The purposes of this chapter
735-25 are to provide a means by which the deterioration of housing and
735-26 the decline of residential areas throughout the state can be
735-27 arrested and prevented.
736-1 (b) The purposes of this chapter are public purposes for
736-2 which money may be borrowed, loaned, and spent. (V.A.C.S. Art.
736-3 1269l-5, Sec. 3.)
736-4 Sec. 2304.003. DEFINITIONS. In this chapter:
736-5 (1) "Borrower" means a household whose application for
736-6 a housing rehabilitation loan is approved under this chapter by a
736-7 local government.
736-8 (2) "Department" means the Texas Department of Housing
736-9 and Community Affairs.
736-10 (3) "Fund" means the Texas housing rehabilitation loan
736-11 fund.
736-12 (4) "Household" means one or more persons owning
736-13 housing.
736-14 (5) "Housing" means a structure that is on a permanent
736-15 foundation and that consists of one to four family units used only
736-16 for residential purposes.
736-17 (6) "Housing rehabilitation" means the repair,
736-18 renovation, or other improvement of housing to make the housing
736-19 decent, safe, sanitary, and more habitable.
736-20 (7) "Housing rehabilitation loan" means a loan made
736-21 under this chapter.
736-22 (8) "Local agency" means a:
736-23 (A) nonprofit organization whose principal
736-24 purpose is to improve housing conditions; or
736-25 (B) local housing authority, urban renewal
736-26 agency, or other public entity.
736-27 (9) "Local government" means a county or municipality.
737-1 (V.A.C.S. Art. 1269l-5, Secs. 4(1), (2), (4), (5) (part), and
737-2 (6)-(9).)
737-3 Sec. 2304.004. GENERAL POWERS OF DEPARTMENT. (a) The
737-4 department has the powers necessary or appropriate to carry out the
737-5 purposes of this chapter.
737-6 (b) The department may:
737-7 (1) make an agreement with any other person in
737-8 carrying out its powers or duties under this chapter;
737-9 (2) spend funds appropriated to it by the legislature
737-10 to pay for staff, travel expenses, supplies or equipment, or
737-11 contracts for services necessary to carry out its powers or duties
737-12 under this chapter; or
737-13 (3) seek and accept funds from any source. (V.A.C.S.
737-14 Art. 1269l-5, Sec. 7 (part).)
737-15 Sec. 2304.005. AUTHORITY OF DEPARTMENT TO ADOPT MINIMUM
737-16 HOUSING CODE STANDARDS. The department shall adopt the minimum
737-17 housing, building, fire, and related code standards that apply in
737-18 designated areas for which a housing rehabilitation plan is
737-19 approved by the department and for which local government standards
737-20 are not in effect. (V.A.C.S. Art. 1269l-5, Sec. 9(d).)
737-21 Sec. 2304.006. LIMITATION ON CONSTRUCTION OF HOUSING OR
737-22 ACQUISITION OF PROPERTY BY DEPARTMENT. (a) The department may not
737-23 construct housing.
737-24 (b) The department may not acquire housing except to enforce
737-25 a lien under Subchapter D. (V.A.C.S. Art. 1269l-5, Sec. 8(a)
737-26 (part).)
737-27 Sec. 2304.007. PROHIBITION ON BORROWING, INCURRING
738-1 OBLIGATIONS, OR PLEDGING CREDIT. The department may not borrow
738-2 money, incur monetary obligations, or pledge in any manner the
738-3 credit or taxing power of the state or a political subdivision of
738-4 the state. (V.A.C.S. Art. 1269l-5, Sec. 15.)
738-5 Sec. 2304.008. ALLOCATION OF AVAILABLE LOAN FUNDS. If the
738-6 amount of housing rehabilitation loans anticipated to be made in a
738-7 fiscal year exceeds the estimated available funds for that year,
738-8 the department shall allocate the estimated available funds for
738-9 that year among the local governments that have filed housing
738-10 rehabilitation area plans with the department. In allocating the
738-11 available funds, the department shall take into account the
738-12 probable amount of housing rehabilitation loans to be made by each
738-13 local government. (V.A.C.S. Art. 1269l-5, Sec. 10(b).)
738-14 Sec. 2304.009. RELATIONSHIP OF DEPARTMENT AND LOCAL
738-15 GOVERNMENTS. (a) The department shall adopt standards and
738-16 procedures for the administration of this chapter by a local
738-17 government or local agency.
738-18 (b) The department may provide technical assistance to a
738-19 local government. (V.A.C.S. Art. 1269l-5, Secs. 7 (part), 9(b)
738-20 (part).)
738-21 Sec. 2304.010. DESIGNATION OF LOCAL AGENCY BY LOCAL
738-22 GOVERNMENT. The governing body of a local government may designate
738-23 one or more local agencies to exercise a power or duty of the local
738-24 government under this chapter. The governing body may withdraw the
738-25 delegated power or duty at any time. (V.A.C.S. Art. 1269l-5, Sec.
738-26 12(e).)
738-27 Sec. 2304.011. EDUCATION PROGRAM CONDUCTED BY LOCAL
739-1 GOVERNMENT. A local government engaged in housing rehabilitation
739-2 under this chapter shall conduct a general education program to
739-3 inform residents in designated areas of methods for maintaining
739-4 their housing and of the availability of housing rehabilitation
739-5 loans. (V.A.C.S. Art. 1269l-5, Sec. 12(f).)
739-6 (Sections 2304.012 to 2304.020 reserved for expansion)
739-7 SUBCHAPTER B. HOUSING REHABILITATION LOAN FUND
739-8 Sec. 2304.021. FUND. (a) The Texas housing rehabilitation
739-9 loan fund is in the state treasury.
739-10 (b) The department may designate separate accounts in the
739-11 fund and the purposes of the accounts. (V.A.C.S. Art. 1269l-5,
739-12 Secs. 5(a) (part), (b) (part).)
739-13 Sec. 2304.022. DEPOSITS TO FUND. The following money shall
739-14 be credited to the fund:
739-15 (1) money appropriated by the legislature for housing
739-16 rehabilitation loans;
739-17 (2) money received from other sources for the purpose
739-18 of making housing rehabilitation loans;
739-19 (3) money received from borrowers as payments on their
739-20 housing rehabilitation loans;
739-21 (4) income from the transfer of interests in property
739-22 acquired in connection with housing rehabilitation loans; and
739-23 (5) interest earned on deposits and investments of the
739-24 fund. (V.A.C.S. Art. 1269l-5, Sec. 5(a) (part).)
739-25 Sec. 2304.023. PURPOSES OF FUND. The fund may be used only
739-26 for:
739-27 (1) financing housing rehabilitation loans, including
740-1 the administrative charge imposed under Section 2304.068 by a local
740-2 government; and
740-3 (2) paying the expenses incurred by the department in
740-4 connection with the acquisition or disposition of real property
740-5 under this chapter. (V.A.C.S. Art. 1269l-5, Sec. 5(c).)
740-6 Sec. 2304.024. INVESTMENT AND DISBURSEMENT OF FUND. The
740-7 state treasurer shall invest and disburse the money credited to the
740-8 fund on the written authorization of the executive director of the
740-9 department. (V.A.C.S. Art. 1269l-5, Sec. 5(b) (part).)
740-10 (Sections 2304.025 to 2304.040 reserved for expansion)
740-11 SUBCHAPTER C. HOUSING REHABILITATION AREA PLAN
740-12 Sec. 2304.041. DESIGNATION OF AREA AND PREPARATION OF PLAN.
740-13 (a) A local government may allow households in a specific area
740-14 within its boundaries to apply for housing rehabilitation loans by:
740-15 (1) designating the specific area; and
740-16 (2) preparing a housing rehabilitation plan for the
740-17 designated area.
740-18 (b) A local government may designate more than one area
740-19 within its boundaries.
740-20 (c) The designation of an area must be made in accordance
740-21 with the standards established by the department. The area plan
740-22 must be in the form prescribed by the department. (V.A.C.S. Art.
740-23 1269l-5, Secs. 4(5) (part), 6(a).)
740-24 Sec. 2304.042. CONTENTS OF AREA PLAN. A housing
740-25 rehabilitation area plan must contain relevant information about
740-26 the area, including:
740-27 (1) a description of the physical, social, and
741-1 economic characteristics of the area;
741-2 (2) a description of the housing conditions in the
741-3 area;
741-4 (3) an assessment of the need for housing
741-5 rehabilitation loans in the area, including:
741-6 (A) the number and characteristics of households
741-7 in the area; and
741-8 (B) the average and total loan amounts needed;
741-9 (4) a description of the methods by which the local
741-10 government preparing the plan will determine whether the
741-11 rehabilitation of housing in the area is economically feasible;
741-12 (5) a description of the methods by which:
741-13 (A) rehabilitation work will be supervised; and
741-14 (B) compliance with departmental regulations
741-15 governing materials, fixtures, and rehabilitation contracts will be
741-16 ensured;
741-17 (6) a description of the methods and procedures that
741-18 will be used to enforce:
741-19 (A) local housing, building, fire, and related
741-20 codes; or
741-21 (B) the standards adopted by the department
741-22 under Section 2304.005, if codes of those types have not been
741-23 enacted;
741-24 (7) an assessment of the need for additional public
741-25 improvements and public services in the area and a description of
741-26 the specific means by which the improvements and services will be
741-27 provided; and
742-1 (8) a description of the methods by which private
742-2 investment to improve conditions in the area will be encouraged.
742-3 (V.A.C.S. Art. 1269l-5, Sec. 6(b).)
742-4 Sec. 2304.043. APPROVAL OF AREA PLAN. (a) A local
742-5 government's area plan must be approved by resolution or order of
742-6 the governing body of the local government and must be submitted to
742-7 the department for review.
742-8 (b) The department shall approve the plan if the area meets
742-9 the standards established by the department and if the plan
742-10 contains the required information. (V.A.C.S. Art. 1269l-5, Sec.
742-11 6(c) (part).)
742-12 Sec. 2304.044. REJECTION OF AREA PLAN. (a) The department
742-13 shall return a housing rehabilitation area plan to the local
742-14 government submitting it if the area for which the plan is prepared
742-15 does not meet the department's standards or if the plan does not
742-16 contain the required information. The department shall include
742-17 with the returned plan a list of deficiencies.
742-18 (b) An area plan may be corrected and resubmitted for
742-19 approval by the department. (V.A.C.S. Art. 1269l-5, Sec. 6(c)
742-20 (part).)
742-21 (Sections 2304.045 to 2304.060 reserved for expansion)
742-22 SUBCHAPTER D. HOUSING REHABILITATION LOANS
742-23 Sec. 2304.061. PRIMARY USE FOR LOAN. A housing
742-24 rehabilitation loan must be used primarily to make housing comply
742-25 with applicable state, county, or municipal housing codes or
742-26 standards, including building, fire, health, housing maintenance,
742-27 or similar codes. (V.A.C.S. Art. 1269l-5, Sec. 13(a).)
743-1 Sec. 2304.062. DEPARTMENT LOAN RULES. (a) The department
743-2 shall adopt rules governing the making and servicing of a housing
743-3 rehabilitation loan and the foreclosure of a loan in default. The
743-4 rules must include:
743-5 (1) the requirement that a housing rehabilitation loan
743-6 be evidenced by a promissory note payable to the state and be
743-7 secured by a lien on real property in the state; and
743-8 (2) the standards under which a household in an area
743-9 designated by a local government may qualify for a housing
743-10 rehabilitation loan.
743-11 (b) In adopting the standards under Subsection (a)(2), the
743-12 department shall take into account:
743-13 (1) household gross income;
743-14 (2) household income available for housing needs;
743-15 (3) household size;
743-16 (4) the value and condition of the housing to be
743-17 rehabilitated; and
743-18 (5) the ability of households to compete successfully
743-19 in the private housing market and to pay for sanitary, decent, and
743-20 safe housing in that market. (V.A.C.S. Art. 1269l-5, Secs. 9(a),
743-21 (b) (part); 11(a) (part).)
743-22 Sec. 2304.063. LOAN APPLICATION. A household may apply to
743-23 the local government in which the household's housing is located
743-24 for a housing rehabilitation loan if the housing is located in a
743-25 designated area for which an area plan has been approved by the
743-26 department. (V.A.C.S. Art. 1269l-5, Sec. 6(c) (part).)
743-27 Sec. 2304.064. LOCAL GOVERNMENT APPROVAL OF LOAN. (a) A
744-1 local government may approve or disapprove a housing rehabilitation
744-2 loan application authorized by Section 2304.063. The approval or
744-3 disapproval must be given in accordance with the rules adopted by
744-4 the department under Section 2304.062.
744-5 (b) The local government shall notify the department of the
744-6 approval of a loan application and the amount of the approved loan.
744-7 (V.A.C.S. Art. 1269l-5, Secs. 11(a) (part), 12(a).)
744-8 Sec. 2304.065. DEPARTMENT APPROVAL. The department may not
744-9 approve a housing rehabilitation loan unless it finds that:
744-10 (1) the benefit to an area designated under Section
744-11 2304.041 will exceed the financial commitment of the department;
744-12 and
744-13 (2) the approval of the loan will be of benefit to the
744-14 state and its taxpayers. (V.A.C.S. Art. 1269l-5, Sec. 11(b).)
744-15 Sec. 2304.066. DISBURSEMENT OF LOAN FUNDS. (a) The
744-16 executive director of the department shall authorize the state
744-17 treasurer to disburse to a local government from the housing
744-18 rehabilitation loan fund the amount of a housing rehabilitation
744-19 loan approved by the local government under this chapter if the
744-20 department receives from the local government a notice of the local
744-21 government's approval of the loan.
744-22 (b) The executive director may not authorize the
744-23 disbursement of funds for a housing rehabilitation loan if:
744-24 (1) the department finds that the local government
744-25 that approved the loan is not making a good faith effort to
744-26 substantially comply with the applicable housing rehabilitation
744-27 area plan or the rules adopted by the department; or
745-1 (2) the remaining part of the fund allocated to the
745-2 local government under Section 2304.008 is insufficient to allow
745-3 the payment of the approved amount. (V.A.C.S. Art. 1269l-5, Sec.
745-4 10(c).)
745-5 Sec. 2304.067. LIMIT ON AMOUNT OF LOAN. The amount of a
745-6 housing rehabilitation loan may not exceed:
745-7 (1) the amount determined by subtracting the amount of
745-8 all other outstanding indebtedness secured by the property covered
745-9 by the loan from the market value of the rehabilitated property as
745-10 determined by the local government approving the loan; or
745-11 (2) the amount determined by adding the amount of the
745-12 housing rehabilitation contract made and approved under Subchapter
745-13 E for the property to the amount of the administrative charge
745-14 imposed under Section 2304.068 in connection with the loan.
745-15 (V.A.C.S. Art. 1269l-5, Secs. 4(3), 13(b).)
745-16 Sec. 2304.068. ADMINISTRATIVE CHARGE IMPOSED BY LOCAL
745-17 GOVERNMENT. (a) A local government may impose a charge to cover
745-18 its administrative expenses incurred in connection with a housing
745-19 rehabilitation loan made by the local government.
745-20 (b) The local government may deduct the charge from the
745-21 amount loaned.
745-22 (c) The charge may not exceed three percent of the amount of
745-23 the contract for housing rehabilitation the borrower makes with a
745-24 contractor. (V.A.C.S. Art. 1269l-5, Secs. 4(3), 12(c).)
745-25 Sec. 2304.069. INTEREST RATE. (a) The department shall set
745-26 the minimum and maximum interest rates for housing rehabilitation
745-27 loans.
746-1 (b) A local government shall set the interest rate for a
746-2 housing rehabilitation loan it approves under this chapter. The
746-3 rate must be within the minimum and maximum rates set by the
746-4 department. (V.A.C.S. Art. 1269l-5, Secs. 9(c), 12(b) (part).)
746-5 Sec. 2304.070. TERM OF LOAN. A local government shall set
746-6 the term of a housing rehabilitation loan it approves under this
746-7 chapter. The term may not exceed 20 years. (V.A.C.S. Art.
746-8 1269l-5, Secs. 12(b) (part), 13(c) (part).)
746-9 Sec. 2304.071. INSTALLMENT PAYMENTS. A housing
746-10 rehabilitation loan must be repaid in installments. (V.A.C.S. Art.
746-11 1269l-5, Sec. 13(c) (part).)
746-12 Sec. 2304.072. LOAN TO BE SECURED. A housing rehabilitation
746-13 loan must be secured as required by this chapter and the rules
746-14 adopted under this chapter. (V.A.C.S. Art. 1269l-5, Sec. 13(c)
746-15 (part).)
746-16 Sec. 2304.073. OTHER LOAN CONDITIONS. For a housing
746-17 rehabilitation loan a local government approves under this chapter,
746-18 the local government shall establish other necessary conditions
746-19 relating to the repayment of the loan according to this chapter and
746-20 the regulations of the department. (V.A.C.S. Art. 1269l-5, Sec.
746-21 12(b) (part).)
746-22 Sec. 2304.074. ADJUSTMENTS IF BORROWER UNABLE TO REPAY LOAN.
746-23 A local government may allow for the deferment of payments or may
746-24 adjust the interest rate or term of a housing rehabilitation loan
746-25 approved by the local government if the borrower is unable to make
746-26 the required payments. (V.A.C.S. Art. 1269l-5, Sec. 13(c) (part).)
746-27 Sec. 2304.075. DISPOSITION OR ENCUMBRANCE OF PROPERTY BY
747-1 BORROWER. The department may adopt regulations governing the
747-2 disposition or further encumbrance by the borrower of property
747-3 subject to a lien that secures a housing rehabilitation loan.
747-4 (V.A.C.S. Art. 1269l-5, Sec. 7 (part).)
747-5 Sec. 2304.076. CONDITIONS UNDER WHICH LOAN BECOMES
747-6 IMMEDIATELY DUE. (a) A borrower must agree that if the borrower
747-7 voluntarily destroys, moves from, or relinquishes ownership of the
747-8 rehabilitated housing on or before the first anniversary of the
747-9 date the rehabilitation is completed:
747-10 (1) the borrower's housing rehabilitation loan becomes
747-11 immediately due and payable; and
747-12 (2) an interest surcharge is added sufficient to make
747-13 the total interest paid equal an amount determined by the
747-14 prevailing interest rates for rehabilitation loans from private
747-15 sources at the time of the sale.
747-16 (b) The local government that approved the loan may waive
747-17 the interest surcharge if:
747-18 (1) the local government finds that the borrower must
747-19 sell the housing because of financial hardship or similar
747-20 circumstances; and
747-21 (2) the department consents to the waiver.
747-22 (c) A local government that approved a housing
747-23 rehabilitation loan may, with the consent of the department, take
747-24 the following action if the borrower dies or the borrower sells or
747-25 gives away property encumbered by the loan:
747-26 (1) declare all or part of any deferred payments due
747-27 and payable;
748-1 (2) declare the balance of the loan due and payable;
748-2 or
748-3 (3) allow a buyer, donee, or other successor in title
748-4 who qualifies under Section 2304.062 to assume the loan. (V.A.C.S.
748-5 Art. 1269l-5, Secs. 13(d), 16.)
748-6 Sec. 2304.077. ACQUISITION OF PROPERTY TO PROTECT LOAN. The
748-7 department may acquire title to any project by foreclosure if
748-8 necessary to protect a housing rehabilitation loan made for the
748-9 project by the department and to pay the costs arising from the
748-10 foreclosure. (V.A.C.S. Art. 1269l-5, Sec. 13(e).)
748-11 Sec. 2304.078. ACQUISITION OF PROPERTY TO ENFORCE LIEN. To
748-12 enforce a lien under this chapter, the department may acquire
748-13 housing by:
748-14 (1) foreclosure of a mortgage;
748-15 (2) a sale under a deed of trust; or
748-16 (3) a voluntary conveyance from a borrower in full or
748-17 partial settlement of a housing rehabilitation loan. (V.A.C.S.
748-18 Art. 1269l-5, Secs. 7 (part), 8(a) (part).)
748-19 Sec. 2304.079. PUBLIC SALE OR AUCTION OF ACQUIRED PROPERTY.
748-20 (a) If the department acquires housing in the enforcement of a
748-21 lien under this chapter, it shall within six months after the
748-22 acquisition offer the housing for public sale or auction.
748-23 (b) The department must provide notice of the public sale or
748-24 auction by having a notice published in a newspaper of general
748-25 circulation in the county in which the property is located. The
748-26 notice must be published once a week for three consecutive weeks
748-27 before the date of the sale or auction and must contain:
749-1 (1) a description of the property;
749-2 (2) a description of the procedures for submitting
749-3 competitive bids for the property; and
749-4 (3) a statement of the time and location of the sale
749-5 or auction.
749-6 (c) The department may reject any or all bids submitted for
749-7 the property. (V.A.C.S. Art. 1269l-5, Sec. 8(b).)
749-8 Sec. 2304.080. PRIVATE SALE. (a) If a sale of property
749-9 cannot be made by a public sale or auction as provided by Section
749-10 2304.079, the department may negotiate with a party for the
749-11 expeditious sale of the property. In the negotiations, the
749-12 department shall give priority to selling the property to a
749-13 purchaser who will be required to pay ad valorem taxes on the
749-14 property.
749-15 (b) If a sale to that kind of purchaser is not practicable,
749-16 the department shall attempt to sell the property to a purchaser
749-17 who is exempt from ad valorem taxes but who will make payments in
749-18 lieu of taxes on the property.
749-19 (c) If neither type of purchaser is available, the
749-20 department may sell the property to any purchaser. (V.A.C.S. Art.
749-21 1269l-5, Sec. 8(c).)
749-22 Sec. 2304.081. CONTRACT FOR SERVICING LOAN. A local
749-23 government may contract with any entity for the servicing of a
749-24 housing rehabilitation loan approved by the local government.
749-25 (V.A.C.S. Art. 1269l-5, Sec. 12(d).)
749-26 Sec. 2304.082. AUDIT OF LOANS. The department shall audit
749-27 the local administration of housing rehabilitation loans to
750-1 determine if a good faith effort is being made to comply with the
750-2 applicable housing rehabilitation plan and the rules adopted by the
750-3 department. (V.A.C.S. Art. 1269l-5, Sec. 10(a).)
750-4 (Sections 2304.083 to 2304.100 reserved for expansion)
750-5 SUBCHAPTER E. HOUSING REHABILITATION CONTRACTS
750-6 Sec. 2304.101. STANDARDS FOR CONTRACTORS AND CONTRACTS. The
750-7 department shall adopt standards for:
750-8 (1) the selection of contractors to perform housing
750-9 rehabilitation under this chapter;
750-10 (2) housing rehabilitation contracts between borrowers
750-11 and contractors; and
750-12 (3) materials and fixtures used in performing housing
750-13 rehabilitation under this chapter. (V.A.C.S. Art. 1269l-5, Sec.
750-14 9(b) (part).)
750-15 Sec. 2304.102. LOCAL GOVERNMENT APPROVAL AND SUPERVISION OF
750-16 CONTRACTS. (a) A borrower and a contractor may not contract for
750-17 housing rehabilitation that is to be financed by a housing
750-18 rehabilitation loan unless the local government responsible for
750-19 approving the loan approves the proposed contract in accordance
750-20 with the standards adopted by the department.
750-21 (b) The local government shall supervise all work performed
750-22 under the contract. The contractor is not entitled to payment
750-23 until the work has been approved by the local government, and the
750-24 borrower is not liable to the contractor for any work not approved
750-25 by the local government. (V.A.C.S. Art. 1269l-5, Sec. 14(a).)
750-26 Sec. 2304.103. ADVERTISING REQUIREMENT FOR CERTAIN
750-27 CONTRACTS. A contract for housing rehabilitation that involves the
751-1 expenditure of more than $3,000 and that is to be financed by loan
751-2 funds applied by the department may not be made unless advertised
751-3 in the same way as a contract under Chapter 252, Local Government
751-4 Code. (V.A.C.S. Art. 1269l-5, Sec. 14(b) (part).)
751-5 Sec. 2304.104. PERFORMANCE AND PAYMENT BONDS. The
751-6 provisions of Chapter 2253 relating to performance and payment
751-7 bonds apply to a construction contract governed by this subchapter.
751-8 (V.A.C.S. Art. 1269l-5, Sec. 14(b) (part).)
751-9 CHAPTER 2305. RESTITUTION FOR OIL OVERCHARGES
751-10 SUBCHAPTER A. GENERAL PROVISIONS
751-11 Sec. 2305.001. SHORT TITLE
751-12 Sec. 2305.002. DEFINITIONS
751-13 (Sections 2305.003 to 2305.010 reserved for expansion)
751-14 SUBCHAPTER B. PROGRAM ADMINISTRATION
751-15 Sec. 2305.011. ADMINISTRATION BY GOVERNOR
751-16 Sec. 2305.012. STAFF; ASSISTANCE
751-17 Sec. 2305.013. REVIEW COMMITTEE
751-18 (Sections 2305.014 to 2305.020 reserved for expansion)
751-19 SUBCHAPTER C. FINANCIAL PROVISIONS
751-20 Sec. 2305.021. OIL OVERCHARGE ACCOUNT
751-21 Sec. 2305.022. USE OF ACCOUNT
751-22 Sec. 2305.023. ACCOUNT RECORDS
751-23 Sec. 2305.024. INVESTMENT OF MONEY AND DEPOSIT OF INTEREST
751-24 Sec. 2305.025. SUBMISSION OF VOUCHER
751-25 Sec. 2305.026. EFFECT OF RESTRICTION ON USE OR RECEIPT
751-26 OF MONEY
751-27 (Sections 2305.027 to 2305.030 reserved for expansion)
752-1 SUBCHAPTER D. DIRECT GRANT PROGRAMS
752-2 Sec. 2305.031. DIRECT GRANT PROGRAM
752-3 Sec. 2305.032. AUTHORITY OF SUPERVISING STATE AGENCY
752-4 Sec. 2305.033. EMERGENCY NUTRITION AND TEMPORARY
752-5 EMERGENCY RELIEF PROGRAM
752-6 Sec. 2305.034. ENERGY CRISIS PROGRAM
752-7 Sec. 2305.035. LOW-INCOME HOME ENERGY ASSISTANCE
752-8 PROGRAM
752-9 Sec. 2305.036. WEATHERIZATION ASSISTANCE PROGRAM
752-10 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM
752-11 Sec. 2305.038. RESERVOIR CONSERVATION PROGRAM
752-12 Sec. 2305.039. INSTITUTIONAL CONSERVATION PROGRAM
752-13 Sec. 2305.040. ENERGY EXTENSION SERVICE
752-14 Sec. 2305.041. STATE ENERGY CONSERVATION PROGRAM
752-15 (Sections 2305.042 to 2305.060 reserved for expansion)
752-16 SUBCHAPTER E. COMPETITIVE GRANT PROGRAMS
752-17 Sec. 2305.061. COMPETITIVE GRANT PROGRAM
752-18 Sec. 2305.062. CONSUMER REPRESENTATION
752-19 Sec. 2305.063. PUBLIC-PRIVATE PARTNERSHIP PROGRAM
752-20 Sec. 2305.064. HOUSING PARTNERSHIP PROGRAM
752-21 Sec. 2305.065. REVOLVING LOAN PROGRAM
752-22 Sec. 2305.066. AGRICULTURAL ENERGY CONSERVATION PROGRAM
752-23 Sec. 2305.067. ALTERNATIVE ENERGY PROGRAM
752-24 Sec. 2305.068. ENERGY RESEARCH AND DEVELOPMENT PROGRAM
752-25 Sec. 2305.069. LOCAL GOVERNMENT ENERGY PROGRAM
752-26 Sec. 2305.070. TRANSPORTATION ENERGY PROGRAM
752-27 Sec. 2305.071. MASS TRANSIT ENERGY PROGRAM
753-1 Sec. 2305.072. ENERGY RESEARCH IN APPLICATIONS PROGRAM
753-2 Sec. 2305.073. DIESEL FUEL CONSERVATION PROGRAM
753-3 Sec. 2305.074. ENERGY RESOURCE OPTIMIZATION PROGRAM
753-4 Sec. 2305.075. SMALL HOSPITALS ENERGY MANAGEMENT PROGRAM
753-5 Sec. 2305.076. TRAFFIC LIGHT SYNCHRONIZATION PROGRAM
753-6 CHAPTER 2305. RESTITUTION FOR OIL OVERCHARGES
753-7 SUBCHAPTER A. GENERAL PROVISIONS
753-8 Sec. 2305.001. SHORT TITLE. This chapter may be cited as
753-9 the Oil Overcharge Restitutionary Act. (V.A.C.S. Art. 4413(56),
753-10 Sec. 1.)
753-11 Sec. 2305.002. DEFINITIONS. In this chapter:
753-12 (1) "Account" means the oil overcharge account.
753-13 (2) "Applicable federal guidelines" means federal
753-14 court judgments or orders, case settlements, laws, regulations, or
753-15 other requirements or discretionary authority, imposed by the
753-16 judicial, legislative, or executive branch, that govern or restrict
753-17 the use of money received by the state because of petroleum
753-18 overcharge litigation relating to the overpricing of crude oil or
753-19 refined petroleum products during the 1973-1981 period of mandatory
753-20 federal price controls.
753-21 (3) "Energy office" means the energy office of the
753-22 governor.
753-23 (4) "Supervising state agency" means the state agency,
753-24 department, commission, or other entity designated by this chapter
753-25 or by the governor to supervise, manage, or administer a program
753-26 financed under this chapter. (V.A.C.S. Art. 4413(56), Secs. 2(1),
753-27 (2), (5), (6).)
754-1 (Sections 2305.003 to 2305.010 reserved for expansion)
754-2 SUBCHAPTER B. PROGRAM ADMINISTRATION
754-3 Sec. 2305.011. ADMINISTRATION BY GOVERNOR. (a) Subject to
754-4 Section 2305.013, the governor may:
754-5 (1) finance a project under this chapter; and
754-6 (2) oversee and monitor the administration of a
754-7 program prescribed by this chapter.
754-8 (b) The governor may establish direct grant programs and
754-9 competitive grant programs in addition to the programs provided by
754-10 this chapter.
754-11 (c) The governor shall:
754-12 (1) determine the supervising state agency for each
754-13 competitive grant program and for each direct grant program
754-14 established by the governor;
754-15 (2) establish programs and criteria and evaluate a
754-16 proposal in accordance with applicable federal guidelines; and
754-17 (3) send to the appropriate federal entity all
754-18 information required under applicable federal guidelines.
754-19 (d) Criteria established under this section may apply
754-20 generally to all programs or specifically to one or more programs.
754-21 (V.A.C.S. Art. 4413(56), Sec. 3.)
754-22 Sec. 2305.012. STAFF; ASSISTANCE. (a) The energy office
754-23 shall provide staff to implement and administer this chapter.
754-24 (b) The governor may also enlist the assistance of a private
754-25 entity or a state agency, department, commission, or other entity
754-26 to:
754-27 (1) evaluate or review a proposal;
755-1 (2) audit a program participant or a supervising state
755-2 agency;
755-3 (3) perform administrative duties under this chapter;
755-4 or
755-5 (4) develop eligibility or evaluation criteria.
755-6 (V.A.C.S. Art. 4413(56), Sec. 4.)
755-7 Sec. 2305.013. REVIEW COMMITTEE. (a) A review committee
755-8 composed of the lieutenant governor and the speaker of the house of
755-9 representatives shall review each proposal submitted to the
755-10 committee by the governor under a direct or competitive grant
755-11 program.
755-12 (b) The governor may not finance a project under a direct or
755-13 competitive grant program unless the governor submits the project
755-14 proposal to the review committee and the committee approves the
755-15 project proposal. (V.A.C.S. Art. 4413(56), Sec. 5.)
755-16 (Sections 2305.014 to 2305.020 reserved for expansion)
755-17 SUBCHAPTER C. FINANCIAL PROVISIONS
755-18 Sec. 2305.021. OIL OVERCHARGE ACCOUNT. (a) The oil
755-19 overcharge account is an account in the general revenue fund.
755-20 (b) The comptroller shall deposit to the credit of the
755-21 account any amount received as a result of petroleum overcharge
755-22 litigation relating to the overpricing of crude oil or refined
755-23 petroleum products during the 1973-1981 period of mandatory federal
755-24 price controls. (V.A.C.S. Art. 4413(56), Sec. 6(a) (part).)
755-25 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
755-26 used only by the governor to implement and operate the programs
755-27 authorized by this chapter. (V.A.C.S. Art. 4413(56), Sec. 6(b).)
756-1 Sec. 2305.023. ACCOUNT RECORDS. The comptroller shall
756-2 establish records of the money in the account that are sufficient
756-3 to identify the source of each particular amount in the account to
756-4 facilitate a determination of compliance with applicable federal
756-5 guidelines relating to the use of money derived from each
756-6 particular source. (V.A.C.S. Art. 4413(56), Sec. 6(c).)
756-7 Sec. 2305.024. INVESTMENT OF MONEY AND DEPOSIT OF INTEREST.
756-8 (a) The state treasurer may invest unobligated money in the
756-9 account in accordance with Subchapter C, Chapter 404.
756-10 (b) The state treasurer shall deposit to the credit of the
756-11 account all interest or other income received from the investment
756-12 of the money. (V.A.C.S. Art. 4413(56), Sec. 6(d).)
756-13 Sec. 2305.025. SUBMISSION OF VOUCHER. (a) The governor
756-14 shall designate the individuals who are authorized to sign a
756-15 voucher submitted to the comptroller for approval of payment from
756-16 the account and notify the comptroller of each designation.
756-17 (b) The comptroller shall approve a payment from the account
756-18 in the manner provided for approval of a payment from an amount
756-19 appropriated by the legislature. (V.A.C.S. Art. 4413(56), Sec.
756-20 6(e).)
756-21 Sec. 2305.026. EFFECT OF RESTRICTION ON USE OR RECEIPT OF
756-22 MONEY. A restriction or other criterion provided by or under this
756-23 chapter that relates to the use or receipt of money awarded under
756-24 this chapter to a supervising state agency, local recipient, or
756-25 other person applies only to the use or receipt of that money and
756-26 does not affect the use or receipt of money provided under other
756-27 law. (V.A.C.S. Art. 4413(56), Sec. 7(a).)
757-1 (Sections 2305.027 to 2305.030 reserved for expansion)
757-2 SUBCHAPTER D. DIRECT GRANT PROGRAMS
757-3 Sec. 2305.031. DIRECT GRANT PROGRAM. The governor may use a
757-4 direct grant program to finance a project under this chapter that
757-5 has been approved as a component of a proposal recommended by the
757-6 program's supervising state agency. (V.A.C.S. Art. 4413(56), Sec.
757-7 2(4).)
757-8 Sec. 2305.032. AUTHORITY OF SUPERVISING STATE AGENCY.
757-9 (a) The supervising state agency of a direct grant program may
757-10 adopt rules to implement the program, including rules that provide
757-11 criteria for eligibility.
757-12 (b) The rules may not be inconsistent with the criteria:
757-13 (1) established by applicable federal guidelines;
757-14 (2) prescribed by this chapter; or
757-15 (3) adopted by the governor. (V.A.C.S. Art. 4413(56),
757-16 Sec. 7(b).)
757-17 Sec. 2305.033. EMERGENCY NUTRITION AND TEMPORARY EMERGENCY
757-18 RELIEF PROGRAM. (a) The Texas Department of Housing and Community
757-19 Affairs is the supervising state agency for the emergency nutrition
757-20 and temporary emergency relief program established under Chapter
757-21 34, Human Resources Code.
757-22 (b) The department shall provide direct grant money under
757-23 the program to pay vendors of energy utility services to prevent
757-24 the interruption or termination of energy utility service for or to
757-25 restore that service to low-income individuals.
757-26 (c) The ultimate beneficiaries of a grant under this section
757-27 must be low-income individuals in need of emergency assistance.
758-1 The department shall give priority to assistance for an individual
758-2 who is recently unemployed and does not qualify for another income
758-3 assistance program.
758-4 (d) The program may not be limited so that an individual is
758-5 eligible for assistance only if the individual's income is equal to
758-6 less than 75 percent of the income standard established by
758-7 applicable federal poverty guidelines.
758-8 (e) The department shall allocate grant money for
758-9 distribution within counties according to the unemployment and
758-10 poverty statistics for residents of each county.
758-11 (f) The department may distribute grant money to a local
758-12 unit of government or to a nonprofit organization to provide needed
758-13 services but shall give priority to a county government.
758-14 (g) A local unit of government or a nonprofit organization
758-15 that receives a grant under this section must match the grant with
758-16 an equal amount of money from another source. The recipient may
758-17 not use as matching money any money received under another
758-18 provision of this chapter. (V.A.C.S. Art. 4413(56), Sec. 8.)
758-19 Sec. 2305.034. ENERGY CRISIS PROGRAM. (a) The Texas
758-20 Department of Housing and Community Affairs is the supervising
758-21 state agency for the energy crisis program.
758-22 (b) The department shall provide direct grant money under
758-23 the program to pay vendors of utilities, goods, or services related
758-24 to the procurement of energy for heating or cooling residences. In
758-25 addition, the department may issue directly to a consumer a voucher
758-26 of not more than $150 for each household in a case of undue
758-27 hardship.
759-1 (c) The ultimate beneficiaries of a grant under this section
759-2 must be individuals who:
759-3 (1) are in imminent danger of having utility service
759-4 terminated;
759-5 (2) are experiencing other energy-related and supply
759-6 shortage emergencies; or
759-7 (3) meet applicable federal poverty income guidelines.
759-8 (d) The department shall give priority to assistance for an
759-9 individual who is elderly or has a disability. (V.A.C.S. Art.
759-10 4413(56), Sec. 9.)
759-11 Sec. 2305.035. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
759-12 (a) The Texas Department of Housing and Community Affairs is the
759-13 supervising state agency for the low-income home energy assistance
759-14 program.
759-15 (b) In accordance with the Low-Income Home Energy Assistance
759-16 Act of 1981 (42 U.S.C. Sec. 8621 et seq.), the department shall
759-17 provide direct grant money under the program to assist eligible
759-18 households in meeting home energy costs.
759-19 (c) The ultimate beneficiaries of a grant under this section
759-20 must be households that:
759-21 (1) have an income that does not exceed the greater
759-22 of:
759-23 (A) 150 percent of the income level established
759-24 by applicable federal poverty guidelines; or
759-25 (B) 60 percent of the state's median income; or
759-26 (2) include a recipient of a federal or state income
759-27 subsidy, such as food stamps, supplemental security income, aid to
760-1 families with dependent children, or income-based veterans
760-2 benefits.
760-3 (d) The department may make a grant payment directly to an
760-4 eligible household or to an energy supplier on behalf of an
760-5 eligible household. (V.A.C.S. Art. 4413(56), Sec. 10.)
760-6 Sec. 2305.036. WEATHERIZATION ASSISTANCE PROGRAM. (a) The
760-7 Texas Department of Housing and Community Affairs is the
760-8 supervising state agency for the weatherization assistance program.
760-9 (b) In accordance with Part A, Energy Conservation in
760-10 Existing Buildings Act of 1976 (42 U.S.C. Sec. 6861 et seq.), the
760-11 department shall provide direct grant money under the program to
760-12 pay for:
760-13 (1) the installation of weatherization materials under
760-14 the low-income weatherization assistance program, including the
760-15 installation of attic insulation, caulking, weatherstripping, storm
760-16 windows, and other materials designed to increase furnace
760-17 efficiency; and
760-18 (2) enhanced weatherization of dwellings occupied by
760-19 low-income individuals, including:
760-20 (A) repairing roofs, walls, floors, and other
760-21 parts of a housing unit if necessary to complete weatherization
760-22 improvements;
760-23 (B) providing additional weatherization
760-24 assistance on individual housing units; and
760-25 (C) tuning up, repairing, or replacing home
760-26 heating and cooling systems.
760-27 (c) The ultimate beneficiaries of a grant under this section
761-1 must be low-income individuals. The department shall give priority
761-2 to assistance for an individual who is elderly or has a disability.
761-3 (d) A community action agency or private contractor may
761-4 perform a weatherization assistance project.
761-5 (e) The maximum expenditure for a dwelling under Subdivision
761-6 (b)(1) may not exceed applicable federal guidelines for materials
761-7 and related program costs. The maximum expenditure for a dwelling
761-8 under Subdivision (b)(2) may not exceed by more than $1,500 the
761-9 current weatherization assistance program limits for such repairs.
761-10 (V.A.C.S. Art. 4413(56), Sec. 11.)
761-11 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM.
761-12 (a) A supervising state agency shall administer the Native
761-13 American restitutionary program.
761-14 (b) The agency shall distribute direct grant money under the
761-15 program to provide energy-related assistance to Native Americans of
761-16 this state. (V.A.C.S. Art. 4413(56), Sec. 12.)
761-17 Sec. 2305.038. RESERVOIR CONSERVATION PROGRAM. (a) The
761-18 Railroad Commission of Texas is the supervising state agency for
761-19 the reservoir conservation program.
761-20 (b) The commission shall use direct grant money under the
761-21 program to isolate productive hydrocarbon-yielding zones by
761-22 plugging or other remediation of inactive wells in fields with
761-23 enhanced recovery potential.
761-24 (c) The commission shall design the program to prevent the
761-25 waste of energy and to conserve energy for future use. (V.A.C.S.
761-26 Art. 4413(56), Sec. 13.)
761-27 Sec. 2305.039. INSTITUTIONAL CONSERVATION PROGRAM. (a) The
762-1 energy office is the supervising state agency for the institutional
762-2 conservation program.
762-3 (b) In accordance with Part E, Energy Policy and
762-4 Conservation Act (42 U.S.C. Sec. 6371 et seq.), the office shall
762-5 distribute direct grant money under the program to provide 50
762-6 percent of the cost of projects to assist public and nonprofit
762-7 schools, colleges, hospitals, and public care facilities to:
762-8 (1) conduct technical assistance studies to identify
762-9 potential building energy conservation opportunities; and
762-10 (2) install cost-effective energy conservation
762-11 measures. (V.A.C.S. Art. 4413(56), Sec. 14.)
762-12 Sec. 2305.040. ENERGY EXTENSION SERVICE. (a) The energy
762-13 office is the supervising state agency for the energy extension
762-14 service.
762-15 (b) In accordance with the National Energy Extension Service
762-16 Act (42 U.S.C. Sec. 7001 et seq.), the office shall use direct
762-17 grant money under the program to finance projects designed to
762-18 assist residential, agricultural, and commercial small energy
762-19 consumers in learning to conserve energy and to use renewable
762-20 resource options. The projects may include consumer information
762-21 and technical assistance.
762-22 (c) The office may require a grant recipient to match the
762-23 amount of the grant. (V.A.C.S. Art. 4413(56), Sec. 15.)
762-24 Sec. 2305.041. STATE ENERGY CONSERVATION PROGRAM. (a) The
762-25 energy office is the supervising state agency for the state energy
762-26 conservation program.
762-27 (b) In accordance with Part B, Energy Policy and
763-1 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the office, under
763-2 the program, shall:
763-3 (1) distribute direct grant money for projects that
763-4 save measurable quantities of energy; and
763-5 (2) finance the operation of the Energy Management
763-6 Center for Texas Schools, in accordance with Section 88A, Public
763-7 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
763-8 Statutes).
763-9 (c) A project under Subsection (b)(1) must be implemented
763-10 primarily by institutions or private sector energy consumers.
763-11 (d) A proposal under Subsection (b)(1) must:
763-12 (1) promote the conservation of energy; and
763-13 (2) improve the efficient use of energy through
763-14 activities that result in quantifiable energy savings, including:
763-15 (A) energy audits of buildings;
763-16 (B) technical assistance in reducing energy
763-17 bills; and
763-18 (C) providing training to building operators and
763-19 fiscal officers on various energy issues such as utility bill
763-20 analysis and energy management techniques.
763-21 (e) A public school may not receive a grant or the benefits
763-22 of a grant under Subsection (b)(2) unless the governor approves
763-23 the school's energy conservation plan. (V.A.C.S. Art. 4413(56),
763-24 Sec. 16.)
763-25 (Sections 2305.042 to 2305.060 reserved for expansion)
763-26 SUBCHAPTER E. COMPETITIVE GRANT PROGRAMS
763-27 Sec. 2305.061. COMPETITIVE GRANT PROGRAM. The governor may
764-1 use a competitive grant program to finance a project under this
764-2 chapter that has been approved from a group of competing proposals
764-3 submitted by public or private applicants. (V.A.C.S.
764-4 Art. 4413(56), Sec. 2(3).)
764-5 Sec. 2305.062. CONSUMER REPRESENTATION. (a) The governor
764-6 shall award one or more competitive grants to support regulatory
764-7 intervention activities that promote the adoption and expansion by
764-8 energy utilities of consumer-oriented energy conservation programs.
764-9 (b) Activities that may be funded under this section include
764-10 giving technical and legal expert testimony, providing materials,
764-11 and making studies used to intervene and advise in various cases
764-12 that are relevant to energy costs for low-income residential, other
764-13 residential, or small commercial utility ratepayers.
764-14 (c) A grant recipient must design funded regulatory
764-15 intervention activities to:
764-16 (1) promote conservation and energy efficiency;
764-17 (2) provide that energy options that have the least
764-18 cost are pursued; and
764-19 (3) assist in the reduction of energy costs.
764-20 (V.A.C.S. Art. 4413(56), Sec. 17.)
764-21 Sec. 2305.063. PUBLIC-PRIVATE PARTNERSHIP PROGRAM. (a) The
764-22 governor may approve and finance under the public-private
764-23 partnership program one or more energy-related projects, including
764-24 energy-related demonstration projects.
764-25 (b) The ultimate beneficiaries of a competitive grant under
764-26 this section may include low-income or moderate-income consumers.
764-27 (c) A recipient of a grant under this section may include a
765-1 community foundation affiliated with the Communities Foundation,
765-2 Inc., of Texas.
765-3 (d) The governor may require grant recipients to match from
765-4 private sources at least the total amount of the grants awarded
765-5 under this section during a particular fiscal period. (V.A.C.S.
765-6 Art. 4413(56), Sec. 18.)
765-7 Sec. 2305.064. HOUSING PARTNERSHIP PROGRAM. (a) The
765-8 supervising state agency of the housing partnership program shall
765-9 distribute competitive grant money under the program for
765-10 residential energy conservation projects that reduce the amount of
765-11 energy consumed for space heating, space cooling, water heating,
765-12 refrigeration, or other residential energy uses.
765-13 (b) Projects funded under this section may include:
765-14 (1) demonstration of commercially available
765-15 cost-effective energy-saving techniques and technologies;
765-16 (2) training and technical assistance in
765-17 energy-efficient construction or remodeling;
765-18 (3) providing information to occupants; and
765-19 (4) financing incentives for energy-saving designs or
765-20 improvements.
765-21 (c) The ultimate beneficiaries of a grant under this section
765-22 must be low-income or moderate-income consumers.
765-23 (d) A local government, public housing agency, or other
765-24 public or nonprofit organization serving the housing needs of low
765-25 and moderate income individuals may apply for a grant under this
765-26 section.
765-27 (e) The supervising state agency may require grant
766-1 recipients to match from other sources at least the total amount of
766-2 the grants awarded under this section. (V.A.C.S. Art. 4413(56),
766-3 Sec. 19.)
766-4 Sec. 2305.065. REVOLVING LOAN PROGRAM. (a) The governor
766-5 under the revolving loan program may approve and finance
766-6 demonstration projects that provide loans to eligible applicants
766-7 for energy-saving capital improvements.
766-8 (b) The supervising state agency of the program may
766-9 distribute competitive grant money under the program to finance
766-10 energy conservation projects approved by the governor for the
766-11 benefit of:
766-12 (1) a state agency or institution of higher education;
766-13 (2) a public school;
766-14 (3) a political subdivision of the state;
766-15 (4) a transportation provider;
766-16 (5) an agricultural producer;
766-17 (6) a small business; and
766-18 (7) an individual of low or moderate income.
766-19 (c) The governor shall determine the terms under which a
766-20 loan may be made under this section and shall set the interest rate
766-21 for a loan at a low rate that the governor determines is sufficient
766-22 to recover the cost of administering the loan program.
766-23 (d) A person who receives a loan under this section shall
766-24 repay the principal of and interest on the loan from the value of
766-25 energy savings that accrues as the result of the energy
766-26 conservation measure implemented with the borrowed money.
766-27 (e) A state agency or institution that receives a loan under
767-1 this section shall repay the loan from the amount budgeted for the
767-2 agency's or institution's energy costs. Until the loan is repaid,
767-3 the legislature may not reduce the amount budgeted for those energy
767-4 costs to reflect the value of energy savings that accrues as a
767-5 result of the energy conservation measure implemented with the
767-6 borrowed money. (V.A.C.S. Art. 4413(56), Sec. 20.)
767-7 Sec. 2305.066. AGRICULTURAL ENERGY CONSERVATION PROGRAM.
767-8 (a) The supervising state agency of the agricultural energy
767-9 conservation program shall distribute competitive grant money under
767-10 the program for energy projects designed to benefit agriculture,
767-11 including:
767-12 (1) agricultural demonstration projects;
767-13 (2) energy audits of agricultural or food processing
767-14 facilities; and
767-15 (3) the provision of agricultural information and
767-16 technical assistance.
767-17 (b) The governor may fund a selected proposal without a
767-18 matching requirement or may require a grant recipient to match any
767-19 grant received under this section. (V.A.C.S. Art. 4413(56), Sec.
767-20 21.)
767-21 Sec. 2305.067. ALTERNATIVE ENERGY PROGRAM. (a) The
767-22 supervising state agency of the alternative energy program shall
767-23 distribute competitive grant money under the program for
767-24 demonstration projects that develop alternative energy resources,
767-25 including:
767-26 (1) photovoltaic, biomass, wind, and solar
767-27 applications; and
768-1 (2) other appropriate alternative energy applications.
768-2 (b) The governor may require a grant recipient to match a
768-3 grant in a ratio determined by the governor. (V.A.C.S. Art.
768-4 4413(56), Sec. 22.)
768-5 Sec. 2305.068. ENERGY RESEARCH AND DEVELOPMENT PROGRAM.
768-6 (a) The governor may use competitive grant money to finance
768-7 projects under the energy research and development program that
768-8 supplement or initiate research by public or private institutions
768-9 on issues related to energy.
768-10 (b) The governor may require a grant recipient to match a
768-11 grant in a ratio determined by the governor. (V.A.C.S. Art.
768-12 4413(56), Sec. 23.)
768-13 Sec. 2305.069. LOCAL GOVERNMENT ENERGY PROGRAM. (a) The
768-14 supervising state agency of the local government energy program
768-15 shall distribute competitive grant money under the program for
768-16 energy-saving projects that benefit local governments in this
768-17 state.
768-18 (b) Proposals funded under this section may include:
768-19 (1) energy audits of a local government facility;
768-20 (2) traffic light synchronization;
768-21 (3) fleet management; and
768-22 (4) fuel-efficient transit routing.
768-23 (c) The governor may require a grant recipient to match a
768-24 grant in a ratio determined by the governor. (V.A.C.S. Art.
768-25 4413(56), Sec. 24.)
768-26 Sec. 2305.070. TRANSPORTATION ENERGY PROGRAM. (a) The
768-27 supervising state agency of the transportation energy program shall
769-1 distribute competitive grant money under the program for projects
769-2 relating to mass transit and other transportation services.
769-3 (b) A project may:
769-4 (1) assist a service provider in providing services
769-5 such as:
769-6 (A) traffic light synchronization;
769-7 (B) fleet management;
769-8 (C) computerized transit routing that is energy
769-9 efficient;
769-10 (D) car-care clinics;
769-11 (E) vanpooling or ridesharing efforts;
769-12 (F) public education related to mass transit;
769-13 (G) driver training in energy conservation
769-14 awareness; and
769-15 (H) transportation services for the elderly or
769-16 persons with a disability; and
769-17 (2) include studies to improve existing and plan for
769-18 future transportation systems in this state.
769-19 (c) The governor may require a grant recipient to match a
769-20 grant in a ratio determined by the governor. (V.A.C.S. Art.
769-21 4413(56), Sec. 25.)
769-22 Sec. 2305.071. MASS TRANSIT ENERGY PROGRAM. (a) The
769-23 supervising state agency of the mass transit energy program shall
769-24 distribute competitive grant money under the program for projects
769-25 that relate to mass transit and are approved by the governor.
769-26 (b) The supervising state agency may allocate grant money
769-27 among eligible applicants according to the following formula:
770-1 (1) one-third to eligible applicants created under:
770-2 (A) Chapter 141, Acts of the 63rd Legislature,
770-3 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
770-4 Statutes);
770-5 (B) Chapter 683, Acts of the 66th Legislature,
770-6 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
770-7 Statutes); or
770-8 (C) Article 1118z, Revised Statutes;
770-9 (2) one-third to eligible applicants that are in
770-10 urbanized areas with a population of more than 50,000 and that were
770-11 not created under a law specified in Subdivision (1); and
770-12 (3) one-third to eligible applicants in rural areas of
770-13 the state and in urban areas with a population of 50,000 or less.
770-14 (c) To the greatest extent practicable, a grant recipient
770-15 shall use money received under this section to obtain other grants.
770-16 (d) In this section, "eligible applicant" means a:
770-17 (1) municipality;
770-18 (2) metropolitan or regional authority; or
770-19 (3) local governmental body or other entity that
770-20 receives federal public transportation money through the Texas
770-21 Department of Transportation or other agency that administers
770-22 federal public transportation money. (V.A.C.S. Art. 4413(56), Sec.
770-23 26.)
770-24 Sec. 2305.072. ENERGY RESEARCH IN APPLICATIONS PROGRAM.
770-25 (a) The supervising state agency of the energy research in
770-26 applications program shall distribute competitive grant money under
770-27 the program for projects that are conducted by institutions of
771-1 higher education and provide advanced research in energy-related
771-2 subjects.
771-3 (b) In addition to the review required under this chapter, a
771-4 proposal submitted under this section must be submitted to the
771-5 advisory committee appointed under Section 142.003, Education Code,
771-6 for a merit review.
771-7 (c) In this section, "institution of higher education" has
771-8 the meaning assigned by Section 61.003, Education Code. (V.A.C.S.
771-9 Art. 4413(56), Sec. 27.)
771-10 Sec. 2305.073. DIESEL FUEL CONSERVATION PROGRAM. (a) The
771-11 supervising state agency of the diesel fuel conservation program
771-12 shall implement projects that improve the fuel efficiency of
771-13 diesel-powered vehicles and equipment. The supervising state
771-14 agency shall use competitive grant money under the program to
771-15 benefit diesel fuel consumers by identifying and implementing
771-16 measures to save diesel fuel.
771-17 (b) The supervising state agency may fund a project that:
771-18 (1) provides training and technical assistance; or
771-19 (2) demonstrates and implements commercially available
771-20 technologies that improve the fuel efficiency of diesel-powered
771-21 vehicles and equipment, including trucks, boats, and tractors.
771-22 (V.A.C.S. Art. 4413(56), Sec. 28.)
771-23 Sec. 2305.074. ENERGY RESOURCE OPTIMIZATION PROGRAM. The
771-24 supervising state agency of the energy resource optimization
771-25 program shall distribute competitive grant money under the program
771-26 to initiate or supplement research programs designed to recover
771-27 additional oil and gas from reservoirs in this state, with emphasis
772-1 on recovery from state and other public lands. (V.A.C.S. Art.
772-2 4413(56), Sec. 29.)
772-3 Sec. 2305.075. SMALL HOSPITALS ENERGY MANAGEMENT PROGRAM.
772-4 (a) The energy office is the supervising state agency for the
772-5 small hospitals energy management program.
772-6 (b) The energy office shall use competitive grant money
772-7 under the program to finance projects designed to assist small
772-8 hospitals in controlling energy costs.
772-9 (c) Projects funded under this section may include:
772-10 (1) training for hospital personnel;
772-11 (2) technical assistance in establishing an energy
772-12 management program;
772-13 (3) facility energy audits; and
772-14 (4) follow-up assistance in maintaining an energy
772-15 management program. (V.A.C.S. Art. 4413(56), Sec. 30.)
772-16 Sec. 2305.076. TRAFFIC LIGHT SYNCHRONIZATION PROGRAM.
772-17 (a) The Texas Department of Transportation is the supervising
772-18 state agency for the traffic light synchronization program. The
772-19 department shall provide assistance under the program to local
772-20 governments throughout the state in an effort to save motor fuels
772-21 through optimizing timing plans for traffic signals.
772-22 (b) The department shall award competitive grant money to
772-23 local jurisdictions to pay the costs of training, engineering
772-24 services, traffic studies, and other activities directly related to
772-25 and undertaken as part of a local retiming project for traffic
772-26 signals.
772-27 (c) The governor may require a grant recipient to match a
773-1 grant in a ratio determined by the governor. (V.A.C.S. Art.
773-2 4413(56), Sec. 31.)
773-3 CHAPTER 2306. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
773-4 AFFAIRS
773-5 SUBCHAPTER A. GENERAL PROVISIONS
773-6 Sec. 2306.001. PURPOSES
773-7 Sec. 2306.002. POLICY
773-8 Sec. 2306.003. PUBLIC PURPOSE
773-9 Sec. 2306.004. DEFINITIONS
773-10 Sec. 2306.005. REFERENCES TO FORMER LAW
773-11 Sec. 2306.006. RULES OF ABOLISHED AGENCIES
773-12 Sec. 2306.007. ESTABLISHING ECONOMICALLY DEPRESSED OR
773-13 BLIGHTED AREAS
773-14 (Sections 2306.008 to 2306.020 reserved for expansion)
773-15 SUBCHAPTER B. GOVERNING BOARD AND DEPARTMENT
773-16 Sec. 2306.021. DEPARTMENT DIVISIONS
773-17 Sec. 2306.022. APPLICATION OF SUNSET ACT
773-18 Sec. 2306.023. SEPARATION OF DIVISIONS
773-19 Sec. 2306.024. BOARD MEMBERS: APPOINTMENT AND COMPOSITION
773-20 Sec. 2306.025. TERMS OF BOARD MEMBERS
773-21 Sec. 2306.026. BOARD PLACES
773-22 Sec. 2306.027. ELIGIBILITY
773-23 Sec. 2306.028. CONFLICT OF INTEREST
773-24 Sec. 2306.029. SURETY BONDS
773-25 Sec. 2306.030. PRESIDING OFFICER; OTHER OFFICERS
773-26 Sec. 2306.031. MEMBERS' COMPENSATION
773-27 Sec. 2306.032. BOARD MEETINGS
774-1 Sec. 2306.033. REMOVAL OF MEMBERS
774-2 Sec. 2306.034. DISQUALIFICATION OF MEMBERS AND CERTAIN
774-3 EMPLOYEES
774-4 Sec. 2306.035. LOBBYIST RESTRICTION
774-5 Sec. 2306.036. DIRECTOR: APPOINTMENT; TERM
774-6 Sec. 2306.037. DIRECTOR'S COMPENSATION
774-7 Sec. 2306.038. ACTING DIRECTOR
774-8 (Sections 2306.039 to 2306.050 reserved for expansion)
774-9 SUBCHAPTER C. POWERS AND DUTIES
774-10 Sec. 2306.051. BOARD DUTIES
774-11 Sec. 2306.052. DIRECTOR'S POWERS AND DUTIES
774-12 Sec. 2306.053. DEPARTMENT POWERS AND DUTIES
774-13 (Sections 2306.054 to 2306.060 reserved for expansion)
774-14 SUBCHAPTER D. GENERAL ADMINISTRATIVE PROVISIONS
774-15 Sec. 2306.061. INFORMATION ON QUALIFICATIONS AND CONDUCT
774-16 Sec. 2306.062. CAREER LADDER
774-17 Sec. 2306.063. PERFORMANCE EVALUATIONS
774-18 Sec. 2306.064. EQUAL EMPLOYMENT OPPORTUNITIES
774-19 Sec. 2306.065. DISCRIMINATION PROHIBITED
774-20 Sec. 2306.066. INFORMATION AND COMPLAINTS
774-21 Sec. 2306.067. LOANED EMPLOYEES
774-22 Sec. 2306.068. INTERAGENCY COOPERATION
774-23 Sec. 2306.069. OUTSIDE LEGAL COUNSEL
774-24 Sec. 2306.070. BUDGET
774-25 Sec. 2306.071. FUNDS
774-26 Sec. 2306.072. ANNUAL REPORT
774-27 Sec. 2306.073. INTERNAL AUDIT
775-1 Sec. 2306.074. AUDIT
775-2 Sec. 2306.075. TAX EXEMPTION
775-3 (Sections 2306.076 to 2306.090 reserved for expansion)
775-4 SUBCHAPTER E. COMMUNITY AFFAIRS DIVISION
775-5 Sec. 2306.091. GENERAL FUNCTIONS
775-6 Sec. 2306.092. DUTIES
775-7 Sec. 2306.093. HOUSING ASSISTANCE GOAL
775-8 Sec. 2306.094. SPECIAL ADVISORY COUNCILS
775-9 Sec. 2306.095. TRANSFERS FROM GOVERNOR
775-10 Sec. 2306.096. MULTIPURPOSE HUMAN RESOURCE CENTERS
775-11 Sec. 2306.097. ENERGY SERVICES PROGRAM FOR LOW-INCOME
775-12 INDIVIDUALS
775-13 Sec. 2306.098. ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK
775-14 GRANT PROGRAM; ALLOCATION OF FUNDS
775-15 Sec. 2306.099. TRANSFER OF FEDERAL FUNDS
775-16 Sec. 2306.100. STATE COMMUNITY DEVELOPMENT REVIEW
775-17 COMMITTEE
775-18 (Sections 2306.101 to 2306.110 reserved for expansion)
775-19 SUBCHAPTER F. HOUSING FINANCE DIVISION: GENERAL PROVISIONS
775-20 Sec. 2306.111. HOUSING ASSISTANCE GOAL
775-21 Sec. 2306.112. PREPARATION AND CONTENT OF ANNUAL BUDGET
775-22 Sec. 2306.113. BOARD CONSIDERATION OF ANNUAL BUDGET
775-23 Sec. 2306.114. FILING OF ANNUAL BUDGET
775-24 Sec. 2306.115. FAILURE TO ADOPT ANNUAL BUDGET
775-25 Sec. 2306.116. AMENDED ANNUAL BUDGET
775-26 Sec. 2306.117. PAYMENT OF EXPENSES; INDEBTEDNESS
775-27 Sec. 2306.118. DEPOSIT OF FUNDS WITH TEXAS TREASURY
776-1 SAFEKEEPING TRUST COMPANY
776-2 Sec. 2306.119. SELECTION OF DEPOSITORY FOR OPERATING FUNDS
776-3 Sec. 2306.120. SELECTION OF DEPOSITORY UNDER COVENANTS OF
776-4 BONDS OR TRUST INDENTURES
776-5 Sec. 2306.121. RECORDS
776-6 Sec. 2306.122. ANNUAL REPORT
776-7 Sec. 2306.123. AREA MEDIAN INCOME
776-8 Sec. 2306.124. RULES REGARDING HOUSING DEVELOPMENTS
776-9 Sec. 2306.125. COURT ACTIONS
776-10 Sec. 2306.126. EXEMPTION FROM PROPERTY TAX
776-11 (Sections 2306.127 to 2306.140 reserved for expansion)
776-12 SUBCHAPTER G. HOUSING FINANCE DIVISION: GENERAL POWERS AND
776-13 DUTIES OF BOARD
776-14 Sec. 2306.141. RULES
776-15 Sec. 2306.142. AUTHORIZATION OF BONDS
776-16 Sec. 2306.143. ANNUAL REPORT
776-17 Sec. 2306.144. FEES FOR SERVICES AND FACILITIES;
776-18 PAYMENT OF DEPARTMENT OBLIGATIONS
776-19 AND EXPENSES
776-20 Sec. 2306.145. LOAN PROCEDURES
776-21 Sec. 2306.146. INTEREST RATES AND AMORTIZATION SCHEDULES
776-22 Sec. 2306.147. FEES AND PENALTIES
776-23 Sec. 2306.148. UNDERWRITING STANDARDS
776-24 Sec. 2306.149. APPROVED MORTGAGE LENDERS
776-25 Sec. 2306.150. PROPERTY STANDARDS
776-26 Sec. 2306.151. TARGET STRATEGY FOR BOND PROCEEDS
776-27 Sec. 2306.152. ELIGIBILITY CRITERIA
777-1 (Sections 2306.153 to 2306.170 reserved for expansion)
777-2 SUBCHAPTER H. HOUSING FINANCE DIVISION: GENERAL POWERS AND
777-3 DUTIES OF DEPARTMENT
777-4 Sec. 2306.171. GENERAL DUTIES OF DEPARTMENT RELATING TO
777-5 PURPOSES OF HOUSING FINANCE DIVISION
777-6 Sec. 2306.172. ACQUISITION AND USE OF MONEY; DEPOSITORIES
777-7 Sec. 2306.173. INVESTMENTS
777-8 Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY
777-9 Sec. 2306.175. TRANSFER AND DISPOSITION OF PROPERTY;
777-10 MANNER OF SALE
777-11 Sec. 2306.176. FEES
777-12 Sec. 2306.177. HEARINGS
777-13 Sec. 2306.178. INSURANCE
777-14 Sec. 2306.179. INVESTIGATIONS
777-15 Sec. 2306.180. ENCOURAGING HOME OWNERSHIP
777-16 Sec. 2306.181. TARGETING BOND PROCEEDS
777-17 Sec. 2306.182. LOANS TO LENDERS
777-18 Sec. 2306.183. NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES
777-19 IN RURAL AREAS AND SMALL MUNICIPALITIES
777-20 (Sections 2306.184 to 2306.200 reserved for expansion)
777-21 SUBCHAPTER I. HOUSING FINANCE DIVISION: FUNDS
777-22 Sec. 2306.201. HOUSING TRUST FUND
777-23 Sec. 2306.202. USE OF HOUSING TRUST FUND
777-24 Sec. 2306.203. RULES REGARDING ADMINISTRATION OF HOUSING
777-25 TRUST FUND
777-26 Sec. 2306.204. INDEPENDENT AUDIT OF HOUSING TRUST FUND
777-27 Sec. 2306.205. TRANSFER OF MONEY TO HOUSING TRUST FUND
778-1 Sec. 2306.206. HOUSING TRUST FUND NOT SUBJECT TO TEXAS TRUST
778-2 CODE
778-3 Sec. 2306.207. RESERVE FUND
778-4 (Sections 2306.208 to 2306.220 reserved for expansion)
778-5 SUBCHAPTER J. HOUSING FINANCE DIVISION: LOAN TERMS AND CONDITIONS
778-6 Sec. 2306.221. HOUSING DEVELOPMENT LOANS
778-7 Sec. 2306.222. CONTRACTS AND AGREEMENTS REGARDING HOUSING
778-8 DEVELOPMENTS
778-9 Sec. 2306.223. CRITERIA FOR FINANCING HOUSING DEVELOPMENT
778-10 OF HOUSING SPONSOR
778-11 Sec. 2306.224. LOAN TERMS AND CONDITIONS
778-12 Sec. 2306.225. RATIO OF LOAN TO DEVELOPMENT COST; AMORTIZATION
778-13 PERIOD
778-14 Sec. 2306.226. INTEREST RATES
778-15 Sec. 2306.227. PREPAYMENT OF MORTGAGE LOANS
778-16 Sec. 2306.228. LOAN FEES
778-17 Sec. 2306.229. DOCUMENTS SUPPORTING MORTGAGE LOANS
778-18 Sec. 2306.230. AGREEMENTS REGARDING CERTAIN LIMITATIONS ON
778-19 HOUSING SPONSORS
778-20 Sec. 2306.231. LOAN CONDITIONS RELATING TO DEPARTMENT
778-21 POWERS
778-22 Sec. 2306.232. TEXAS HOUSING AGENCY LOAN OR GUARANTEE
778-23 (Sections 2306.233 to 2306.250 reserved for expansion)
778-24 SUBCHAPTER K. HOUSING FINANCE DIVISION: HOUSING PROGRAMS
778-25 Sec. 2306.251. PROPERTY OWNERSHIP PROGRAM
778-26 Sec. 2306.252. LOW AND VERY LOW INCOME HOUSING RESOURCE
778-27 CENTER
779-1 (Sections 2306.253 to 2306.260 reserved for expansion)
779-2 SUBCHAPTER L. HOUSING FINANCE DIVISION: REGULATION OF HOUSING
779-3 SPONSORS
779-4 Sec. 2306.261. SUPERVISING HOUSING SPONSORS
779-5 Sec. 2306.262. UNIFORM SYSTEMS OF ACCOUNTS AND RECORDS
779-6 Sec. 2306.263. REPORTING
779-7 Sec. 2306.264. INSPECTIONS AND EXAMINATIONS
779-8 Sec. 2306.265. OPERATION, MAINTENANCE, AND REPAIR
779-9 Sec. 2306.266. FEES RELATING TO REGULATION
779-10 Sec. 2306.267. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND
779-11 CONTRACT TERMS
779-12 Sec. 2306.268. RENTS AND CHARGES
779-13 Sec. 2306.269. TENANT AND MANAGER SELECTION
779-14 Sec. 2306.270. REGULATION OF RETIREMENT OF CAPITAL INVESTMENT
779-15 OR REDEMPTION OF STOCK
779-16 Sec. 2306.271. COST CONTROLS
779-17 Sec. 2306.272. HOUSING SPONSOR INVESTMENTS
779-18 Sec. 2306.273. LIMITATION ON APPLICATION OF CERTAIN
779-19 PROVISIONS OF SUBCHAPTER
779-20 (Sections 2306.274 to 2306.290 reserved for expansion)
779-21 SUBCHAPTER M. HOUSING FINANCE DIVISION: PURCHASE AND SALE OF
779-22 MORTGAGE LOANS
779-23 Sec. 2306.291. PURCHASE AND SALE OF MORTGAGE LOANS
779-24 Sec. 2306.292. ELIGIBILITY OF MORTGAGE LOANS FOR PURCHASE
779-25 Sec. 2306.293. FEDERALLY ASSISTED MORTGAGE LOANS
779-26 Sec. 2306.294. MORTGAGE LOAN PURCHASE PRICE
779-27 Sec. 2306.295. RULES GOVERNING PURCHASE AND SALE OF MORTGAGE
780-1 LOANS
780-2 Sec. 2306.296. REVIEW AND SUBSTITUTION OF PURCHASED MORTGAGE
780-3 LOANS
780-4 Sec. 2306.297. APPLICATION OF PROVISIONS RELATING TO LOAN
780-5 TERMS AND CONDITIONS
780-6 (Sections 2306.298 to 2306.310 reserved for expansion)
780-7 SUBCHAPTER N. HOUSING FINANCE DIVISION: TENANTS OF
780-8 HOUSING DEVELOPMENTS
780-9 Sec. 2306.311. ADMISSION TO HOUSING DEVELOPMENTS
780-10 Sec. 2306.312. EXAMINATION OF TENANT INCOME
780-11 Sec. 2306.313. TERMINATION OF TENANCY
780-12 Sec. 2306.314. CONTINUED OCCUPANCY ON PAYMENT OF SURCHARGE
780-13 Sec. 2306.315. DISCHARGE FROM LIABILITY; REIMBURSEMENT
780-14 Sec. 2306.316. LIMITATION ON APPLICATION OF SUBCHAPTER
780-15 (Sections 2306.317 to 2306.330 reserved for expansion)
780-16 SUBCHAPTER O. HOUSING FINANCE DIVISION: REGULATION OF MORTGAGE
780-17 LENDERS, SERVICERS, AND CONTRACTORS
780-18 Sec. 2306.331. MORTGAGE LENDER SELECTION
780-19 Sec. 2306.332. MONITORING MORTGAGE LENDERS
780-20 Sec. 2306.333. MONITORING MORTGAGE SERVICERS
780-21 Sec. 2306.334. MONITORING CONTRACTORS
780-22 (Sections 2306.335 to 2306.350 reserved for expansion)
780-23 SUBCHAPTER P. HOUSING FINANCE DIVISION BONDS: ISSUANCE OF BONDS
780-24 Sec. 2306.351. ISSUANCE OF BONDS
780-25 Sec. 2306.352. TEXAS HOUSING BONDS
780-26 Sec. 2306.353. REVENUE BONDS
780-27 Sec. 2306.354. DEFINITIVE REFUNDING BONDS
781-1 Sec. 2306.355. ISSUANCE OF ADDITIONAL PARITY OR SUBORDINATE
781-2 LIEN BONDS
781-3 Sec. 2306.356. ISSUANCE OF BONDS TO FUND DEPARTMENT RESERVES
781-4 OR FUNDS
781-5 Sec. 2306.357. BONDS ISSUED BY TEXAS HOUSING AGENCY
781-6 (Sections 2306.358 to 2306.370 reserved for expansion)
781-7 SUBCHAPTER Q. HOUSING FINANCE DIVISION BONDS: BOARD ACTION
781-8 ON BONDS
781-9 Sec. 2306.371. BOARD AUTHORIZATION OF BONDS
781-10 Sec. 2306.372. DEPARTMENT PROCEDURES
781-11 Sec. 2306.373. USE OF BOND PROCEEDS
781-12 Sec. 2306.374. FACSIMILE SIGNATURES AND SEALS
781-13 Sec. 2306.375. PERSONAL LIABILITY OF BOARD MEMBER OR
781-14 DIRECTOR
781-15 (Sections 2306.376 to 2306.390 reserved for expansion)
781-16 SUBCHAPTER R. HOUSING FINANCE DIVISION BONDS: FORM; TERMS
781-17 Sec. 2306.391. FORM
781-18 Sec. 2306.392. DENOMINATION
781-19 Sec. 2306.393. MANNER, PRICE, AND TERMS
781-20 Sec. 2306.394. PLACE OF PAYMENT; MEDIUM OF EXCHANGE
781-21 Sec. 2306.395. INTEREST ON BONDS
781-22 Sec. 2306.396. MATURITY OF BONDS
781-23 Sec. 2306.397. REDEMPTION BEFORE MATURITY; CONVERSION
781-24 (Sections 2306.398 to 2306.410 reserved for expansion)
781-25 SUBCHAPTER S. HOUSING FINANCE DIVISION BONDS: SECURITY FOR BONDS
781-26 Sec. 2306.411. SECURITY FOR PAYMENT OF PRINCIPAL, INTEREST,
781-27 AND REDEMPTION PREMIUM
782-1 Sec. 2306.412. VALIDITY OF LIENS AND PLEDGES
782-2 (Sections 2306.413 to 2306.430 reserved for expansion)
782-3 SUBCHAPTER T. HOUSING FINANCE DIVISION BONDS: APPROVAL,
782-4 REGISTRATION, AND EXECUTION
782-5 Sec. 2306.431. APPROVAL OF BONDS
782-6 Sec. 2306.432. REGISTRATION
782-7 Sec. 2306.433. EXECUTION
782-8 (Sections 2306.434 to 2306.450 reserved for expansion)
782-9 SUBCHAPTER U. HOUSING FINANCE DIVISION BONDS: RIGHTS AND
782-10 REMEDIES OF BONDHOLDERS AND PARTIES IN INTEREST
782-11 Sec. 2306.451. STATE PLEDGE REGARDING BONDHOLDER RIGHTS
782-12 AND REMEDIES
782-13 Sec. 2306.452. PAYMENT ENFORCEABLE BY MANDAMUS
782-14 (Sections 2306.453 to 2306.470 reserved for expansion)
782-15 SUBCHAPTER V. HOUSING FINANCE DIVISION BONDS: OBLIGATIONS OF
782-16 DEPARTMENT AND STATE
782-17 Sec. 2306.471. GENERAL OBLIGATION BONDS
782-18 Sec. 2306.472. DEPARTMENT'S BONDS OTHER THAN GENERAL
782-19 OBLIGATION BONDS NOT OBLIGATIONS OF
782-20 THE STATE
782-21 Sec. 2306.473. STATE NOT OBLIGATED TO PAY; FAITH AND CREDIT
782-22 NOT PLEDGED
782-23 (Sections 2306.474 to 2306.490 reserved for expansion)
782-24 SUBCHAPTER W. HOUSING FINANCE DIVISION BONDS: MISCELLANEOUS
782-25 PROVISIONS
782-26 Sec. 2306.491. BONDS NEGOTIABLE INSTRUMENTS
782-27 Sec. 2306.492. BONDS INCONTESTABLE
783-1 Sec. 2306.493. SIGNATURE OF FORMER OFFICER
783-2 Sec. 2306.494. BONDS NOT TAXABLE
783-3 Sec. 2306.495. AUTHORIZED INVESTMENTS
783-4 Sec. 2306.496. SECURITY FOR DEPOSIT OF FUNDS
783-5 Sec. 2306.497. MUTILATED, LOST, STOLEN, OR DESTROYED BONDS
783-6 Sec. 2306.498. NO GAIN ALLOWED
783-7 (Sections 2306.499 to 2306.510 reserved for expansion)
783-8 SUBCHAPTER X. INDIVIDUALS WITH SPECIAL NEEDS
783-9 Sec. 2306.511. DEFINITION
783-10 Sec. 2306.512. SPECIAL NEEDS
783-11 Sec. 2306.513. HOUSING FOR INDIVIDUALS WITH SPECIAL NEEDS
783-12 CHAPTER 2306. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
783-13 AFFAIRS
783-14 SUBCHAPTER A. GENERAL PROVISIONS
783-15 Sec. 2306.001. PURPOSES. The purposes of the department are
783-16 to:
783-17 (1) assist local governments in:
783-18 (A) providing essential public services for
783-19 their residents; and
783-20 (B) overcoming financial, social, and
783-21 environmental problems;
783-22 (2) provide for the housing needs of individuals and
783-23 families of low and moderate income;
783-24 (3) contribute to the preservation, development, and
783-25 redevelopment of neighborhoods and communities;
783-26 (4) assist the governor and the legislature in
783-27 coordinating federal and state programs affecting local government;
784-1 and
784-2 (5) inform state officials and the public of the needs
784-3 of local government. (V.A.C.S. Art. 4413(501), Sec. 1.01(a)
784-4 (part).)
784-5 Sec. 2306.002. POLICY. (a) The legislature finds that:
784-6 (1) every resident of this state should have a decent,
784-7 safe, and affordable living environment; and
784-8 (2) government at all levels should be involved in
784-9 assisting individuals and families of low income in obtaining a
784-10 decent, safe, and affordable living environment.
784-11 (b) The highest priority of the department is to provide
784-12 assistance to individuals and families of low and very low income
784-13 who are not assisted by private enterprise or other governmental
784-14 programs so that they may obtain affordable housing or other
784-15 services and programs offered by the department. (V.A.C.S.
784-16 Art. 4413(501), Secs. 1.01(b) (part), (f).)
784-17 Sec. 2306.003. PUBLIC PURPOSE. The duties imposed and
784-18 activities authorized by this chapter serve public purposes, and
784-19 public money may be borrowed, spent, advanced, loaned, granted, or
784-20 appropriated for those purposes. (V.A.C.S. Art. 4413(501),
784-21 Sec. 1.01(a) (part), (e) (part).)
784-22 Sec. 2306.004. DEFINITIONS. In this chapter:
784-23 (1) "Board" means the governing board of the
784-24 department.
784-25 (2) "Bond" means an evidence of indebtedness or other
784-26 obligation, regardless of the source of payment, issued by the
784-27 department under Subchapter P, including a bond, note, or bond or
785-1 revenue anticipation note, regardless of whether the obligation is
785-2 general or special, negotiable or nonnegotiable, in bearer or
785-3 registered form, in certified or book-entry form, in temporary or
785-4 permanent form, or with or without interest coupons.
785-5 (3) "Department" means the Texas Department of Housing
785-6 and Community Affairs.
785-7 (4) "Director" means the executive director of the
785-8 department.
785-9 (5) "Economically depressed or blighted area" means an
785-10 area:
785-11 (A) that has been determined by the housing
785-12 finance division to be a qualified census tract or an area of
785-13 chronic economic distress under Section 103A, Internal Revenue Code
785-14 of 1954 (26 U.S.C. Section 103A);
785-15 (B) established in a municipality that has a
785-16 substantial number of substandard, slum, deteriorated, or
785-17 deteriorating structures and that suffers from a high relative rate
785-18 of unemployment; or
785-19 (C) that has been designed and included in a tax
785-20 increment district created under Chapter 695, Acts of the 66th
785-21 Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas
785-22 Civil Statutes).
785-23 (6) "Elderly individual" means an individual 60 years
785-24 of age or older.
785-25 (7) "Family of moderate income" means a family:
785-26 (A) that is determined by the board to require
785-27 assistance, taking into account:
786-1 (i) the amount of the total income
786-2 available for housing needs of the individuals and families;
786-3 (ii) the size of the family;
786-4 (iii) the cost and condition of available
786-5 housing facilities;
786-6 (iv) the ability of the individuals and
786-7 families to compete successfully in the private housing market and
786-8 to pay the amounts required by private enterprise for sanitary,
786-9 decent, and safe housing; and
786-10 (v) standards established for various
786-11 federal programs determining eligibility based on income; and
786-12 (B) that does not qualify as a family of low
786-13 income.
786-14 (8) "Federal government" means the United States of
786-15 America and includes any corporate or other instrumentality of the
786-16 United States of America.
786-17 (9) "Federal mortgage" means a mortgage loan for
786-18 residential housing:
786-19 (A) that is made by the federal government; or
786-20 (B) for which a commitment to make has been
786-21 given by the federal government.
786-22 (10) "Federally assisted new communities" means
786-23 federally assisted areas that receive or will receive assistance in
786-24 the form of loan guarantees under Title X of the National Housing
786-25 Act (12 U.S.C. Section 1701 et seq.), and a portion of that
786-26 federally assisted area has received grants under Section 107(a)(1)
786-27 of the Housing and Community Development Act of 1974, as amended
787-1 (42 U.S.C. Section 5301 et seq.).
787-2 (11) "Federally insured mortgage" means a mortgage
787-3 loan for residential housing that:
787-4 (A) is insured or guaranteed by the federal
787-5 government; or
787-6 (B) the federal government has committed to
787-7 insure or guarantee.
787-8 (12) "Housing development" means property or work or a
787-9 project, building, structure, facility, or undertaking, whether
787-10 existing, new construction, remodeling, improvement, or
787-11 rehabilitation, that meets or is designed to meet minimum property
787-12 standards required by the department and that is financed under the
787-13 provisions of this chapter for the primary purpose of providing
787-14 sanitary, decent, and safe dwelling accommodations for rent, lease,
787-15 use, or purchase by individuals and families of low and very low
787-16 income and families of moderate income in need of housing. The
787-17 term includes:
787-18 (A) buildings, structures, land, equipment,
787-19 facilities, or other real or personal properties that are
787-20 necessary, convenient, or desirable appurtenances, including
787-21 streets, water, sewers, utilities, parks, site preparation,
787-22 landscaping, stores, offices, and other nonhousing facilities, such
787-23 as administrative, community, and recreational facilities the
787-24 department determines to be necessary, convenient, or desirable
787-25 appurtenances; and
787-26 (B) single and multifamily dwellings in rural
787-27 and urban areas.
788-1 (13) "Housing sponsor" means:
788-2 (A) an individual, including an individual or
788-3 family of low and very low income or family of moderate income,
788-4 joint venture, partnership, limited partnership, trust, firm,
788-5 corporation, or cooperative that is approved by the department as
788-6 qualified to own, construct, acquire, rehabilitate, operate,
788-7 manage, or maintain a housing development, subject to the
788-8 regulatory powers of the department and other terms and conditions
788-9 in this chapter; or
788-10 (B) in an economically depressed or blighted
788-11 area, or in a federally assisted new community located within a
788-12 home-rule municipality, the term may include an individual or
788-13 family whose income exceeds the moderate income level if at least
788-14 90 percent of the total mortgage amount available under a mortgage
788-15 revenue bond issue is designated for individuals and families of
788-16 low income or families of moderate income.
788-17 (14) "Individuals and families of low income" means
788-18 individuals and families earning not more than 80 percent of the
788-19 area median income, as determined under Section 2306.123.
788-20 (15) "Individuals and families of very low income"
788-21 means individuals and families earning not more than 60 percent of
788-22 the area median income, as determined under Section 2306.123.
788-23 (16) "Land development" means:
788-24 (A) acquiring land for residential housing
788-25 construction; and
788-26 (B) making, installing, or constructing
788-27 nonresidential improvements that the department determines are
789-1 necessary or desirable for a housing development to be financed by
789-2 the department, including:
789-3 (i) waterlines and water supply
789-4 installations;
789-5 (ii) sewer lines and sewage disposal
789-6 installations;
789-7 (iii) steam, gas, and electric lines and
789-8 installations; and
789-9 (iv) roads, streets, curbs, gutters, and
789-10 sidewalks, whether on or off the site.
789-11 (17) "Local government" means a county, municipality,
789-12 special district, or any other political subdivision of the state,
789-13 a public, nonprofit housing finance corporation created under
789-14 Chapter 394, Local Government Code, or a combination of those
789-15 entities.
789-16 (18) "Mortgage" means an interest-bearing obligation,
789-17 including a mortgage, mortgage deed, bond, note, deed of trust, or
789-18 other instrument, that is a lien:
789-19 (A) on real property; or
789-20 (B) on a leasehold under a lease having a
789-21 remaining term that, at the time the lien is acquired, does not
789-22 expire until after the maturity date of the interest-bearing
789-23 obligation secured by the lien.
789-24 (19) "Mortgage lender" means a bank, trust company,
789-25 savings bank, mortgage company, mortgage banker, credit union,
789-26 national banking association, savings and loan association, life
789-27 insurance company, or other financial institution authorized to
790-1 transact business in this state and approved as a mortgage lender
790-2 by the department.
790-3 (20) "Mortgage loan" means an interest-bearing
790-4 obligation secured by a mortgage.
790-5 (21) "Municipality" includes only a municipality in
790-6 this state.
790-7 (22) "Public agency" means an agency, board,
790-8 authority, department, commission, political subdivision, municipal
790-9 corporation, district, public corporation, body politic, or
790-10 instrumentality of this state, including a county, municipality,
790-11 housing authority, state-supported institution of higher education,
790-12 school district, junior college, other district or authority, or
790-13 other type of governmental entity of this state.
790-14 (23) "Real estate owned contractor" means a person
790-15 required to meet the obligations of a contract with the housing
790-16 finance division for managing and marketing foreclosed property.
790-17 (24) "Real property" means land, including
790-18 improvements and fixtures on the land, property of any nature
790-19 appurtenant to the land or used in connection with the land, and a
790-20 legal or equitable estate, interest, or right in land, including
790-21 leasehold interests, terms for years, and a judgment, mortgage, or
790-22 other lien.
790-23 (25) "Reserve fund" means the housing finance
790-24 division's reserve fund.
790-25 (26) "Residential housing" means a specific work or
790-26 improvement undertaken primarily to provide dwelling
790-27 accommodations, including the acquisition, construction,
791-1 reconstruction, remodeling, improvement, or rehabilitation of land
791-2 and buildings and improvements to the buildings for residential
791-3 housing and other incidental or appurtenant nonhousing facilities.
791-4 (27) "Servicer" means a person required to meet
791-5 contractual obligations with the housing finance division or with a
791-6 mortgage lender relating to a loan financed under Subchapter J,
791-7 including:
791-8 (A) purchasing mortgage certificates backed by
791-9 mortgage loans;
791-10 (B) collecting principal and interest from the
791-11 borrower;
791-12 (C) sending principal and interest payments to
791-13 the division;
791-14 (D) preparing periodic reports;
791-15 (E) notifying the primary mortgage and pool
791-16 insurers of delinquent and foreclosed loans; and
791-17 (F) filing insurance claims on foreclosed
791-18 property. (V.A.C.S. Art. 4413(501), Secs. 1.02(1)-(8), (10)-(18),
791-19 (20)-(23), (24) (part), (25), (26), (28) (part), (29), (30).)
791-20 Sec. 2306.005. REFERENCES TO FORMER LAW. A reference in law
791-21 to the Texas Housing Agency or the Texas Department of Community
791-22 Affairs means the Texas Department of Housing and Community
791-23 Affairs. (Ch. 762, Acts of the 72nd Leg., R.S., 1991, Sec. 23(b).)
791-24 Sec. 2306.006. RULES OF ABOLISHED AGENCIES. Rules of the
791-25 abolished Texas Housing Agency and the Texas Department of
791-26 Community Affairs continue in effect as rules of the Texas
791-27 Department of Housing and Community Affairs until amended or
792-1 repealed by the department. (Ch. 762, Acts of the 72nd Leg., R.S.,
792-2 1991, Sec. 23(a) (part).)
792-3 Sec. 2306.007. ESTABLISHING ECONOMICALLY DEPRESSED OR
792-4 BLIGHTED AREAS. (a) To establish an economically depressed or
792-5 blighted area under Section 2306.004(5)(B) or (C), the governing
792-6 body of a municipality must hold a public hearing and find that the
792-7 area:
792-8 (1) substantially impairs or arrests the sound growth
792-9 of the municipality; or
792-10 (2) is an economic or social liability and is a menace
792-11 to the public health, safety, morals, or welfare in its present
792-12 condition and use.
792-13 (b) The governing body of a municipality holding a hearing
792-14 under this section must give notice as provided by Chapter 551,
792-15 except that notice must be published not less than 10 days before
792-16 the date of the hearing. (V.A.C.S. Art. 4413(501), Sec. 1.02(28)
792-17 (part).)
792-18 (Sections 2306.008 to 2306.020 reserved for expansion)
792-19 SUBCHAPTER B. GOVERNING BOARD AND DEPARTMENT
792-20 Sec. 2306.021. DEPARTMENT DIVISIONS. (a) The Texas
792-21 Department of Housing and Community Affairs is a public and
792-22 official agency of the state and is a political and corporate body.
792-23 (b) The department is composed of:
792-24 (1) the community affairs division;
792-25 (2) the housing finance division; and
792-26 (3) any other division created by the director.
792-27 (V.A.C.S. Art. 4413(501), Secs. 1.01(a) (part), 1.07(1) (part),
793-1 1.14(a).)
793-2 Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
793-3 Department of Housing and Community Affairs is subject to Chapter
793-4 325 (Texas Sunset Act). Unless continued in existence as provided
793-5 by that chapter, the department is abolished and this chapter
793-6 expires September 1, 1999. (V.A.C.S. Art. 4413(501), Sec. 1.04.)
793-7 Sec. 2306.023. SEPARATION OF DIVISIONS. The duties of the
793-8 housing finance division shall be kept separate from the duties of
793-9 the community affairs division and each other division established
793-10 in the department. (V.A.C.S. Art. 4413(501), Sec. 1.14(b) (part).)
793-11 Sec. 2306.024. BOARD MEMBERS: APPOINTMENT AND COMPOSITION.
793-12 The board consists of nine members appointed by the governor.
793-13 (V.A.C.S. Art. 4413(501), Secs. 1.05(a), (b).)
793-14 Sec. 2306.025. TERMS OF BOARD MEMBERS. Members of the board
793-15 hold office for staggered terms of six years, with the terms of
793-16 three members expiring on January 31 of each odd-numbered year.
793-17 (V.A.C.S. Art. 4413(501), Sec. 1.05(c) (part).)
793-18 Sec. 2306.026. BOARD PLACES. (a) An individual is eligible
793-19 for appointment to the board if the individual is a registered
793-20 voter of the state and, with the exception of Place 2, does not
793-21 hold another public office.
793-22 (b) Members of the board must be individuals who broadly
793-23 reflect the economic, cultural, and social diversity of the state,
793-24 including ethnic minorities and women. (V.A.C.S. Art. 4413(501),
793-25 Sec. 1.05(f) (part).)
793-26 Sec. 2306.027. ELIGIBILITY. (a) The governor shall make
793-27 appointments to the board as follows:
794-1 (1) Place 1: an individual representing lending
794-2 institutions;
794-3 (2) Place 2: an individual representing local
794-4 government;
794-5 (3) Place 3: an individual representing housing
794-6 construction;
794-7 (4) Place 4: an individual representing
794-8 community-based nonprofit housing organizations;
794-9 (5) Place 5: an individual representing realtors or
794-10 housing developers;
794-11 (6) Place 6: an individual representing individuals
794-12 and families of low or very low income; and
794-13 (7) Places 7 through 9: public members.
794-14 (b) Except as necessary to comply with the requirements of
794-15 Section 2306.026 regarding diversity, appointments to the board
794-16 shall be made without regard to the race, color, handicap, sex,
794-17 religion, age, or national origin of the appointees and shall be
794-18 made in a manner that produces representation on the board of the
794-19 different geographical regions of this state.
794-20 (c) An elected or appointed official of a political
794-21 subdivision appointed to Place 2 on the board is a member of the
794-22 board as an additional or ex officio duty required by the member's
794-23 other official capacity, and the member's service on the board is
794-24 not dual office holding. (V.A.C.S. Art. 4413(501), Secs. 1.05(f)
794-25 (part), (g), (h).)
794-26 Sec. 2306.028. CONFLICT OF INTEREST. An individual is not
794-27 eligible for appointment as a public member of the board if the
795-1 individual or the individual's spouse:
795-2 (1) is employed by or participates in the management
795-3 of a business entity or other organization regulated by the
795-4 department or receiving funds from the department;
795-5 (2) owns or controls, directly or indirectly, more
795-6 than a 10 percent interest in a business entity or other
795-7 organization regulated by the department or receiving funds from
795-8 the department; or
795-9 (3) uses or receives a substantial amount of tangible
795-10 goods, services, or funds from the department, other than
795-11 compensation or reimbursement authorized by law for department
795-12 membership, attendance, or expenses. (V.A.C.S. Art. 4413(501),
795-13 Sec. 1.08.)
795-14 Sec. 2306.029. SURETY BONDS. (a) Before the issuance of
795-15 bonds by the department, each board member shall execute a surety
795-16 bond in the penal sum of $25,000, conditioned on the faithful
795-17 performance of the duties of the member. The bond must be executed
795-18 by a surety company authorized to transact business in this state,
795-19 approved by the attorney general, and filed with the secretary of
795-20 state.
795-21 (b) The surety bonds shall be kept in effect at all times.
795-22 (c) The housing finance division shall pay the costs of the
795-23 surety bonds. (V.A.C.S. Art. 4413(501), Sec. 1.06(e).)
795-24 Sec. 2306.030. PRESIDING OFFICER; OTHER OFFICERS. (a) The
795-25 governor shall appoint a presiding officer from the board members.
795-26 The presiding officer presides at meetings of the board and
795-27 performs other duties required by this chapter.
796-1 (b) The board shall elect the following officers:
796-2 (1) from the members of the board, an assistant
796-3 presiding officer to perform the duties of the presiding officer
796-4 when the presiding officer is not present or is incapable of
796-5 performing duties of the presiding officer;
796-6 (2) a secretary to be the official custodian of the
796-7 minutes, books, records, and seal of the board and to perform other
796-8 duties assigned by the board; and
796-9 (3) a treasurer to perform duties assigned by the
796-10 board.
796-11 (c) The offices of secretary and treasurer may be held by
796-12 one individual, and the holder of each of these offices need not be
796-13 a board member. The board may appoint one or more individuals who
796-14 are not members to be assistant secretaries to perform any duty of
796-15 the secretary.
796-16 (d) Officers of the board shall be elected at the first
796-17 meeting of the board on or after January 31 of each odd-numbered
796-18 year and at any other time as necessary to fill a vacancy.
796-19 (V.A.C.S. Art. 4413(501), Secs. 1.05(i), 1.06(a) (part), (c)
796-20 (part).)
796-21 Sec. 2306.031. MEMBERS' COMPENSATION. Members of the board
796-22 serve without compensation but are entitled to reimbursement for
796-23 actual expenses incurred in attending board meetings and in
796-24 performing the duties of a board member. (V.A.C.S. Art. 4413(501),
796-25 Sec. 1.05(j).)
796-26 Sec. 2306.032. BOARD MEETINGS. (a) The board shall meet at
796-27 least three times annually at the call of the presiding officer and
797-1 other times the board determines are necessary. The time and place
797-2 of the other meetings are to be fixed by a majority vote of the
797-3 board.
797-4 (b) The board may hold special meetings when called by the
797-5 presiding officer, the director, or three of the members.
797-6 (c) The board shall keep complete minutes of board meetings.
797-7 The accounts, minutes, and other records shall be kept at the
797-8 principal office of the department. (V.A.C.S. Art. 4413(501),
797-9 Secs. 1.05(n) (part), 1.06(a) (part), (d).)
797-10 Sec. 2306.033. REMOVAL OF MEMBERS. (a) It is a ground for
797-11 removal from the board that a member:
797-12 (1) does not have at the time of appointment the
797-13 qualifications required by Section 2306.026, 2306.027, or 2306.028
797-14 for appointment to the board;
797-15 (2) does not maintain during the service on the board
797-16 the qualifications required by Section 2306.026, 2306.027, or
797-17 2306.028 for appointment to the board;
797-18 (3) violates a prohibition established by Section
797-19 2306.034 or 2306.035;
797-20 (4) cannot discharge the member's duties for a
797-21 substantial part of the term for which the member is appointed
797-22 because of illness or disability; or
797-23 (5) is absent from more than half of the regularly
797-24 scheduled meetings of the board that the member is eligible to
797-25 attend during a calendar year unless the absence is excused by
797-26 majority vote of the board.
797-27 (b) The validity of an action of the board is not affected
798-1 by the fact that it is taken when a ground for removal of a member
798-2 exists.
798-3 (c) If the director has knowledge that a potential ground
798-4 for removal exists, the director shall notify the presiding officer
798-5 of the board of the ground. The presiding officer shall then
798-6 notify the governor that a potential ground for removal exists.
798-7 (V.A.C.S. Art. 4413(501), Secs. 1.05(k), (l), (m).)
798-8 Sec. 2306.034. DISQUALIFICATION OF MEMBERS AND CERTAIN
798-9 EMPLOYEES. (a) An employee or paid consultant of a Texas trade
798-10 association in the field of banking, real estate, housing
798-11 development, or housing construction may not be a member of the
798-12 board or an employee of the department who is exempt from the
798-13 state's position classification plan or is compensated at or above
798-14 the amount prescribed by the General Appropriations Act for step 1,
798-15 salary group 17, of the position classification salary schedule.
798-16 (b) For the purposes of this section, a Texas trade
798-17 association is a nonprofit, cooperative, and voluntarily joined
798-18 association of business or professional competitors in this state
798-19 designed to assist its members and its industry or profession in
798-20 dealing with mutual business or professional problems and in
798-21 promoting their common interest. (V.A.C.S. Art. 4413(501), Sec.
798-22 1.10.)
798-23 Sec. 2306.035. LOBBYIST RESTRICTION. A person may not serve
798-24 as a member of the board or act as the director of or the general
798-25 counsel to the department if the person is required to register as
798-26 a lobbyist under Chapter 305 because of the person's activities for
798-27 compensation in or on behalf of a profession related to the
799-1 operation of the department. (V.A.C.S. Art. 4413(501), Sec. 1.11.)
799-2 Sec. 2306.036. DIRECTOR: APPOINTMENT; TERM. The governor
799-3 shall appoint the director with the advice and consent of the
799-4 senate. The director serves at the pleasure of the governor during
799-5 the governor's terms of office. (V.A.C.S. Art. 4413(501), Sec.
799-6 1.09(a) (part).)
799-7 Sec. 2306.037. DIRECTOR'S COMPENSATION. The governor shall
799-8 set the salary of the director. (V.A.C.S. Art. 4413(501), Sec.
799-9 1.09(a) (part).)
799-10 Sec. 2306.038. ACTING DIRECTOR. The governor shall
799-11 establish a procedure for designating an acting director and shall
799-12 immediately designate an acting director or a new permanent
799-13 director if the position becomes vacant because of absence or
799-14 disability. (V.A.C.S. Art. 4413(501), Sec. 1.13.)
799-15 (Sections 2306.039 to 2306.050 reserved for expansion)
799-16 SUBCHAPTER C. POWERS AND DUTIES
799-17 Sec. 2306.051. BOARD DUTIES. The board shall consult with
799-18 and advise the director on the affairs and problems of local
799-19 government and the work of the department. (V.A.C.S. Art.
799-20 4413(501), Sec. 1.05(n) (part).)
799-21 Sec. 2306.052. DIRECTOR'S POWERS AND DUTIES. (a) The
799-22 director is the administrator and the head of the department and
799-23 must be an individual qualified by training and experience to
799-24 perform the duties of the office.
799-25 (b) The director shall:
799-26 (1) administer and organize the work of the department
799-27 consistent with this chapter and with sound organizational
800-1 management that promotes efficient and effective operation;
800-2 (2) appoint and remove officers and other personnel
800-3 employed by the department, subject to the annual budget and any
800-4 resolution authorizing the issuance of bonds under this chapter;
800-5 (3) submit, through and with the approval of the
800-6 governor, requests for appropriations and other money to operate
800-7 the department;
800-8 (4) administer all money entrusted to the department;
800-9 (5) make an annual report to the governor and the
800-10 legislature of the department's operations and provide other
800-11 reports requested by the governor or the legislature; and
800-12 (6) perform other functions that may be assigned by
800-13 the governor.
800-14 (c) The director shall develop and implement the policies
800-15 established by the board that define the responsibilities of:
800-16 (1) the director, board, and staff of the department;
800-17 and
800-18 (2) the community affairs division, the housing
800-19 finance division, and any other division.
800-20 (d) The director is authorized to assign functions and
800-21 duties to the various offices and divisions, to provide for
800-22 additional offices, and to reorganize the department when necessary
800-23 to improve efficiency or effectiveness. (V.A.C.S. Art. 4413(501),
800-24 Secs. 1.09(a) (part), (g); 1.14(d).)
800-25 Sec. 2306.053. DEPARTMENT POWERS AND DUTIES. (a) The
800-26 department shall:
800-27 (1) maintain suitable headquarters and other offices
801-1 in this state that the director determines are necessary; and
801-2 (2) furnish the information, equipment, and staff
801-3 necessary to implement the work of the board.
801-4 (b) The department may:
801-5 (1) sue and be sued, or plead and be impleaded;
801-6 (2) act for and on behalf of this state;
801-7 (3) adopt an official seal or alter it;
801-8 (4) adopt and enforce bylaws and rules;
801-9 (5) contract with the federal government, state, any
801-10 public agency, mortgage lender, person, or other entity;
801-11 (6) designate mortgage lenders to act for the
801-12 department for the origination, processing, and servicing of the
801-13 department's mortgage loans under conditions agreed to by the
801-14 parties;
801-15 (7) provide, contract, or arrange for consolidated
801-16 processing of a housing development to avoid duplication;
801-17 (8) encourage homeless individuals and individuals of
801-18 low or very low income to attend the department's educational
801-19 programs and assist those individuals in attending the programs;
801-20 (9) appoint and determine the qualifications, duties,
801-21 and tenure of its agents, counselors, and professional advisors,
801-22 including accountants, appraisers, architects, engineers, financial
801-23 consultants, housing construction and financing experts, and real
801-24 estate consultants; and
801-25 (10) do all things necessary, convenient, or desirable
801-26 to carry out the powers expressly granted or necessarily implied by
801-27 this chapter. (V.A.C.S. Art. 4413(501), Secs. 1.05(n) (part), 1.07
802-1 (part), 1.14(f).)
802-2 (Sections 2306.054 to 2306.060 reserved for expansion)
802-3 SUBCHAPTER D. GENERAL ADMINISTRATIVE PROVISIONS
802-4 Sec. 2306.061. INFORMATION ON QUALIFICATIONS AND CONDUCT.
802-5 The director shall become aware of and provide to the board members
802-6 and the department employees, as often as necessary, information
802-7 about the director's, members', and employees':
802-8 (1) qualifications for office or employment under this
802-9 chapter; and
802-10 (2) responsibilities under applicable laws relating to
802-11 standards of conduct for state officers or employees. (V.A.C.S.
802-12 Art. 4413(501), Sec. 1.09(h).)
802-13 Sec. 2306.062. CAREER LADDER. The director or the
802-14 director's designee shall develop an intraagency career ladder
802-15 program. The program shall require intraagency postings of all
802-16 nonentry level positions concurrently with any public posting.
802-17 (V.A.C.S. Art. 4413(501), Sec. 1.09(b).)
802-18 Sec. 2306.063. PERFORMANCE EVALUATIONS. The director or the
802-19 director's designee shall develop a system of annual performance
802-20 evaluations. All merit pay for department employees must be based
802-21 on the system established under this section. (V.A.C.S. Art.
802-22 4413(501), Sec. 1.09(c).)
802-23 Sec. 2306.064. EQUAL EMPLOYMENT OPPORTUNITIES. (a) The
802-24 director or the director's designee shall prepare and maintain a
802-25 written policy statement to ensure implementation of a program of
802-26 equal employment opportunity under which all personnel transactions
802-27 are made without regard to race, color, disability, sex, religion,
803-1 age, or national origin. The policy statement must include:
803-2 (1) a comprehensive analysis of the department work
803-3 force that meets federal and state guidelines;
803-4 (2) personnel policies, including policies relating to
803-5 recruitment, evaluation, selection, appointment, training, and
803-6 promotion of personnel;
803-7 (3) procedures by which a determination can be made of
803-8 significant underuse in the department work force of all persons
803-9 for whom federal or state guidelines encourage a more equitable
803-10 balance; and
803-11 (4) reasonable methods to appropriately address those
803-12 areas of significant underuse.
803-13 (b) A policy statement prepared under Subsection (a) must
803-14 cover an annual period, be updated at least annually, and be filed
803-15 with the governor's office.
803-16 (c) The governor's office shall deliver a biennial report to
803-17 the legislature based on the information received under Subsection
803-18 (b). The report may be made separately or as a part of other
803-19 biennial reports made to the legislature. (V.A.C.S. Art.
803-20 4413(501), Secs. 1.09(d), (e), (f).)
803-21 Sec. 2306.065. DISCRIMINATION PROHIBITED. An individual may
803-22 not, because of that individual's race, color, national origin, or
803-23 sex, be excluded from participation, be denied benefits, or be
803-24 subjected to discrimination in any program or activity funded in
803-25 whole or in part with funds made available under this chapter.
803-26 (V.A.C.S. Art. 4413(501), Sec. 4.01.)
803-27 Sec. 2306.066. INFORMATION AND COMPLAINTS. (a) The
804-1 department shall prepare information of public interest describing
804-2 the functions of the department and the procedures by which
804-3 complaints are filed with and resolved by the department. The
804-4 department shall make the information available to the public and
804-5 appropriate state agencies.
804-6 (b) The department shall keep an information file about each
804-7 complaint filed with the department that the department has
804-8 authority to resolve.
804-9 (c) If a written complaint is filed with the department that
804-10 the department has authority to resolve, the department, at least
804-11 quarterly and until final disposition of the complaint, shall
804-12 notify the parties to the complaint of the status of the complaint
804-13 unless the notice would jeopardize an undercover investigation.
804-14 (d) The board shall develop and implement policies that
804-15 provide the public with a reasonable opportunity to appear before
804-16 the board and to speak on any issue under the jurisdiction of the
804-17 board.
804-18 (e) The director shall prepare and maintain a written plan
804-19 that describes how an individual who does not speak English or who
804-20 has a physical, mental, or developmental disability may be provided
804-21 reasonable access to and participation in the department's
804-22 programs. (V.A.C.S. Art. 4413(501), Sec. 1.18.)
804-23 Sec. 2306.067. LOANED EMPLOYEES. (a) The director may
804-24 enter into reciprocal agreements with a state agency or
804-25 instrumentality or local government to loan or assign department
804-26 employees to that entity.
804-27 (b) A state agency or instrumentality or local government
805-1 may loan or assign employees to the department, with or without
805-2 reimbursement, by agreement between the department and the other
805-3 party. The department may contract to reimburse all costs
805-4 incidental to loaning or assigning employees.
805-5 (c) An employee loaned or assigned to the department is an
805-6 employee of the lending agency or unit for purposes of salary,
805-7 leave, retirement, and other personnel benefits. The loaned or
805-8 assigned employee is under the supervision of personnel of the
805-9 department and is an employee of the department for all other
805-10 purposes. (V.A.C.S. Art. 4413(501), Secs. 1.14(e), 1.15.)
805-11 Sec. 2306.068. INTERAGENCY COOPERATION. An agency or
805-12 institution of the state shall cooperate with the department by
805-13 providing personnel, information, and technical advice as the
805-14 department assists the governor in:
805-15 (1) the coordination of federal and state activities
805-16 affecting local government; and
805-17 (2) providing affordable housing for individuals and
805-18 families of low and very low income and families of moderate
805-19 income. (V.A.C.S. Art. 4413(501), Sec. 1.16.)
805-20 Sec. 2306.069. OUTSIDE LEGAL COUNSEL. The department shall
805-21 obtain and evaluate information regarding the affirmative action
805-22 policies and practices of proposed outside legal counsel. The
805-23 department must include the evaluation in a request to the attorney
805-24 general for outside legal counsel. (V.A.C.S. Art. 4413(501), Sec.
805-25 1.21.)
805-26 Sec. 2306.070. BUDGET. In preparing the department's
805-27 legislative appropriations request, the department shall also
806-1 prepare an operating budget for the housing finance division. The
806-2 department shall submit the operating budget to the Legislative
806-3 Budget Board, the Senate Finance Committee, and the House
806-4 Appropriations Committee. (V.A.C.S. Art. 4413(501), Sec. 1.19(c).)
806-5 Sec. 2306.071. FUNDS. (a) The department may request,
806-6 contract for, receive, and spend for its purposes an appropriation,
806-7 grant, allocation, subsidy, rent supplement, guarantee, aid,
806-8 contribution, gift, service, labor, or material from this state,
806-9 the federal government, or another public or private source.
806-10 (b) The funds and revenues of the housing finance division
806-11 shall be kept separate from the funds and revenues of the other
806-12 divisions, and the other divisions may not use funds and revenues
806-13 of the housing finance division for any purpose.
806-14 (c) Except for legislative appropriations, which shall be
806-15 kept in the state treasury, all funds and revenue received by the
806-16 housing finance division are to be kept outside the state treasury.
806-17 (V.A.C.S. Art. 4413(501), Secs. 1.14(b) (part), 1.17.)
806-18 Sec. 2306.072. ANNUAL REPORT. (a) The department shall
806-19 file annually with the governor and the presiding officer of each
806-20 house of the legislature a complete and detailed written report
806-21 accounting for all funds received and disbursed by the department
806-22 during the preceding fiscal year. The annual report must be in the
806-23 form and reported in the time provided by the General
806-24 Appropriations Act.
806-25 (b) On or before January 1 of each year, the department
806-26 shall prepare a report of its activities for the preceding fiscal
806-27 year for the governor and the legislature. The report must include
807-1 a complete operating and financial statement. (V.A.C.S. Art.
807-2 4413(501), Secs. 1.19(a) (part), (b).)
807-3 Sec. 2306.073. INTERNAL AUDIT. (a) The director, with the
807-4 approval of the board, shall appoint an internal auditor who
807-5 reports directly to the board on matters concerning housing
807-6 finance, the community affairs division, or any other division.
807-7 (b) The internal auditor shall:
807-8 (1) prepare an annual audit plan using risk assessment
807-9 techniques to rank high-risk functions in the department; and
807-10 (2) submit the annual audit plan to the director and
807-11 board for consideration and approval or change as necessary or
807-12 advisable.
807-13 (c) The internal auditor may bring before the director or
807-14 board an issue outside the annual audit plan that requires the
807-15 immediate attention of the director or board.
807-16 (d) The internal auditor may not be assigned any operational
807-17 or management responsibilities that impair the ability of the
807-18 internal auditor to make an independent examination of the
807-19 department's operations.
807-20 (e) The department shall give the internal auditor
807-21 unrestricted access to activities and records of the department
807-22 unless restricted by other law. (V.A.C.S. Art. 4413(501),
807-23 Sec. 1.20.)
807-24 Sec. 2306.074. AUDIT. (a) The state auditor or a certified
807-25 public accountant shall audit the department's books and accounts
807-26 each fiscal year and file a copy of the audit with the governor and
807-27 the legislature on or before January 1 of each year. If the state
808-1 auditor is conducting the audit and it is not available by January
808-2 1, it must be filed as soon as it is available.
808-3 (b) The department shall pay for the audit. (V.A.C.S.
808-4 Art. 4413(501), Sec. 1.19(a) (part).)
808-5 Sec. 2306.075. TAX EXEMPTION. The property of the
808-6 department, its income, and its operations are exempt from all
808-7 taxes and assessments imposed by this state and all public agencies
808-8 on property acquired or used by the department under this chapter.
808-9 (V.A.C.S. Art. 4413(501), Sec. 1.22.)
808-10 (Sections 2306.076 to 2306.090 reserved for expansion)
808-11 SUBCHAPTER E. COMMUNITY AFFAIRS DIVISION
808-12 Sec. 2306.091. GENERAL FUNCTIONS. The functions of the
808-13 community affairs division include:
808-14 (1) intergovernmental cooperation;
808-15 (2) regional and community services including rural
808-16 community services;
808-17 (3) research;
808-18 (4) economic opportunity; and
808-19 (5) education and training. (V.A.C.S. Art. 4413(501),
808-20 Sec. 1.14(c).)
808-21 Sec. 2306.092. DUTIES. The department, through the
808-22 community affairs division, shall:
808-23 (1) maintain communication with local governments and
808-24 act as an advocate for local governments at the state and federal
808-25 levels;
808-26 (2) assist local governments with advisory and
808-27 technical services;
809-1 (3) provide financial aid to local governments and
809-2 combinations of local governments for programs that are authorized
809-3 to receive assistance;
809-4 (4) provide information about and referrals for state
809-5 and federal programs and services that affect local governments;
809-6 (5) administer, conduct, or jointly sponsor
809-7 educational and training programs for local government officials;
809-8 (6) conduct research on problems of general concern to
809-9 local governments;
809-10 (7) collect, publish, and distribute information
809-11 useful to local governments, including information on:
809-12 (A) local government finances and employment;
809-13 (B) housing;
809-14 (C) population characteristics; and
809-15 (D) land-use patterns;
809-16 (8) encourage cooperation among local governments as
809-17 appropriate;
809-18 (9) advise and inform the governor and the legislature
809-19 about the affairs of local governments and recommend necessary
809-20 action;
809-21 (10) assist the governor in coordinating federal and
809-22 state activities affecting local governments;
809-23 (11) administer, as appropriate:
809-24 (A) state responsibilities for programs created
809-25 under the federal Economic Opportunity Act of 1964 (42 U.S.C.
809-26 Section 2701 et seq.);
809-27 (B) programs assigned to the department under
810-1 the Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35);
810-2 and
810-3 (C) other federal acts creating economic
810-4 opportunity programs assigned to the department;
810-5 (12) adopt rules that are necessary and proper to
810-6 carry out programs and responsibilities assigned by the legislature
810-7 or the governor; and
810-8 (13) perform other duties relating to local government
810-9 that are assigned by the legislature or the governor. (V.A.C.S.
810-10 Art. 4413(501), Sec. 2.01(a).)
810-11 Sec. 2306.093. HOUSING ASSISTANCE GOAL. By action of the
810-12 board the community affairs division shall have a goal to apply a
810-13 minimum of 25 percent of the division's total housing-related funds
810-14 toward housing assistance for individuals and families of very low
810-15 income. (V.A.C.S. Art. 4413(501), Sec. 2.01(b).)
810-16 Sec. 2306.094. SPECIAL ADVISORY COUNCILS. (a) The governor
810-17 may, with the advice of the director, appoint special advisory
810-18 councils to:
810-19 (1) assist the board in adopting basic policy for the
810-20 community affairs division; or
810-21 (2) offer advice on technical aspects of certain
810-22 programs that the community affairs division administers.
810-23 (b) A special advisory council is dissolved on completion of
810-24 its stated purpose unless continued by the governor. (V.A.C.S.
810-25 Art. 4413(501), Sec. 2.02.)
810-26 Sec. 2306.095. TRANSFERS FROM GOVERNOR. The governor may
810-27 transfer to the community affairs division personnel, equipment,
811-1 records, obligations, appropriations, functions, and duties of
811-2 appropriate divisions of the governor's office. (V.A.C.S.
811-3 Art. 4413(501), Sec. 2.03.)
811-4 Sec. 2306.096. MULTIPURPOSE HUMAN RESOURCE CENTERS. (a) To
811-5 provide the most effective and efficient delivery of human resource
811-6 services to individuals and families of low income, as well as the
811-7 total population, the department, through the community affairs
811-8 division, may establish multipurpose human resource centers in
811-9 various communities.
811-10 (b) The department, through the community affairs division,
811-11 may:
811-12 (1) locate and lease with state funds suitable office
811-13 space at the community level that is easily accessible to clients
811-14 of human resource service delivery agencies; and
811-15 (2) make the space available to those agencies.
811-16 (c) A state or local government agency or a private,
811-17 nonprofit human resource agency that has filed with the state a
811-18 state or regional plan for delivery of human resource services is
811-19 eligible to place staff in a community multipurpose human resource
811-20 service center.
811-21 (d) The department shall report annually to the governor and
811-22 the legislature the agencies that are and are not placing human
811-23 resource delivery staff in available community multipurpose human
811-24 resource service centers.
811-25 (e) The Community Multipurpose Human Resource Service Center
811-26 Fund is in the state treasury. The fund shall be used to provide:
811-27 (1) the state's share of the rental costs for
812-1 community multipurpose human resource service centers; and
812-2 (2) the administrative costs of the centers'
812-3 operation. (V.A.C.S. Art. 4413(501), Sec. 2.04.)
812-4 Sec. 2306.097. ENERGY SERVICES PROGRAM FOR LOW-INCOME
812-5 INDIVIDUALS. (a) The Energy Services Program for Low-Income
812-6 Individuals is in the community affairs division.
812-7 (b) The program shall operate in conjunction with the
812-8 community service block grant program and has jurisdiction and
812-9 responsibility for administration of the following elements of the
812-10 State Low-Income Energy Assistance Program, from whatever sources
812-11 funded:
812-12 (1) the Energy Crisis Intervention Program; and
812-13 (2) the weatherization program. (V.A.C.S. Art.
812-14 4413(501), Sec. 2.05.)
812-15 Sec. 2306.098. ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK
812-16 GRANT PROGRAM; ALLOCATION OF FUNDS. (a) The department, through
812-17 the community affairs division, shall, under the Omnibus Budget
812-18 Reconciliation Act of 1981 (Pub.L. No. 97-35) and 24 CFR, Part 570,
812-19 Subpart I, administer the state's allocation of federal funds
812-20 provided under the community development block grant nonentitlement
812-21 program authorized by Title I of the Housing and Community
812-22 Development Act of 1974 (42 U.S.C. Section 5301 et seq.).
812-23 (b) Community development block grant program funds shall be
812-24 allocated to eligible counties and municipalities under department
812-25 rules. (V.A.C.S. Art. 4413(501), Secs. 2.06, 2.07.)
812-26 Sec. 2306.099. TRANSFER OF FEDERAL FUNDS. (a) The
812-27 department may enter into an interagency agreement with the Texas
813-1 Department of Commerce to transfer not more than 20 percent of the
813-2 federal funds received by the department to the Texas Department of
813-3 Commerce to be used for economic development.
813-4 (b) Federal funds transferred under this section include the
813-5 amount of federal funds designated for administrative expenses
813-6 under federal law.
813-7 (c) Income received from economic development programs of
813-8 the Texas Department of Commerce remain with that agency.
813-9 (d) Use of funds transferred under this section must be
813-10 approved by the department.
813-11 (e) A rule of the Texas Department of Commerce relating to
813-12 funds transferred under this section must be approved by the
813-13 department.
813-14 (f) The Texas Department of Commerce shall return to the
813-15 department under an interagency agreement federal funds transferred
813-16 under this section that are not used in a timely manner under
813-17 federal guidelines. (V.A.C.S. Art. 4413(501), Secs. 2.08, 2.09.)
813-18 Sec. 2306.100. STATE COMMUNITY DEVELOPMENT REVIEW COMMITTEE.
813-19 (a) The state community development review committee is composed
813-20 of 12 members appointed by the governor.
813-21 (b) A committee member must be:
813-22 (1) a member of the governing body of a county or
813-23 municipality eligible for funding under the community development
813-24 block grant program; or
813-25 (2) a county or municipal employee who is a supervisor
813-26 and whose regular duties include involvement in community
813-27 development activities.
814-1 (c) The ratio of county officials serving as committee
814-2 members to all committee members may not exceed the ratio of all
814-3 counties eligible for funding under the community development block
814-4 grant program to all eligible applicants.
814-5 (d) The governor shall designate the presiding officer of
814-6 the committee, who serves at the governor's pleasure.
814-7 (e) Committee members serve two-year terms expiring February
814-8 1 of each odd-numbered year.
814-9 (f) A committee member serves without compensation for
814-10 service on the committee, but is entitled to reimbursement for
814-11 reasonable and necessary expenses incurred in performing the
814-12 member's duties.
814-13 (g) Service on the committee by an officer or employee of a
814-14 county or municipality is an additional duty of the individual's
814-15 office or employment and is not dual office holding.
814-16 (h) The committee shall meet at least twice annually at the
814-17 director's call.
814-18 (i) The committee shall:
814-19 (1) consult with and advise the director on the
814-20 administration and enforcement of the community development block
814-21 grant program; and
814-22 (2) review funding applications of eligible counties
814-23 and municipalities and advise and assist the director regarding the
814-24 allocation of program funds to those applicants.
814-25 (j) The committee may annually recommend to the director a
814-26 formula for allocating funds to each geographic state planning
814-27 region established by the governor under Chapter 391, Local
815-1 Government Code. The formula must give preference to regions
815-2 according to the regions' needs. (V.A.C.S. Art. 4413(501), Sec.
815-3 2.10.)
815-4 (Sections 2306.101 to 2306.110 reserved for expansion)
815-5 SUBCHAPTER F. HOUSING FINANCE DIVISION:
815-6 GENERAL PROVISIONS
815-7 Sec. 2306.111. HOUSING ASSISTANCE GOAL. The housing finance
815-8 division shall adopt a goal to apply a minimum of 25 percent of the
815-9 division's total housing funds toward housing assistance for
815-10 individuals and families of very low income. (V.A.C.S. Art.
815-11 4413(501), Sec. 3.01(b).)
815-12 Sec. 2306.112. PREPARATION AND CONTENT OF ANNUAL BUDGET.
815-13 (a) On or before August 1 of each year, the director shall file
815-14 with the board a proposed annual budget for the housing finance
815-15 division for the succeeding fiscal year.
815-16 (b) The budget shall state:
815-17 (1) the general categories of expected expenditures
815-18 from revenues and income of the housing finance division;
815-19 (2) the amount of expected expenditures for each
815-20 category;
815-21 (3) expected operating expenses of the housing finance
815-22 division; and
815-23 (4) the proposed use of projected year-end
815-24 unencumbered balances.
815-25 (c) The budget may include a provision or reserve for
815-26 contingencies or overexpenditures. (V.A.C.S. Art. 4413(501), Sec.
815-27 3.05(a).)
816-1 Sec. 2306.113. BOARD CONSIDERATION OF ANNUAL BUDGET. On or
816-2 before September 1 of each year, the board shall consider the
816-3 director's proposed annual budget for the housing finance division
816-4 and shall approve or change the budget as the board determines
816-5 necessary or advisable. (V.A.C.S. Art. 4413(501), Sec. 3.05(b)
816-6 (part).)
816-7 Sec. 2306.114. FILING OF ANNUAL BUDGET. (a) Copies of the
816-8 annual budget certified by the presiding officer of the board shall
816-9 be filed promptly with the governor and the legislature.
816-10 (b) The annual budget is not effective until filed.
816-11 (V.A.C.S. Art. 4413(501), Sec. 3.05(b) (part).)
816-12 Sec. 2306.115. FAILURE TO ADOPT ANNUAL BUDGET. If the board
816-13 does not adopt the annual budget on or before September 1, the
816-14 budget for the preceding year remains in effect until a new budget
816-15 is adopted. (V.A.C.S. Art. 4413(501), Sec. 3.05(c).)
816-16 Sec. 2306.116. AMENDED ANNUAL BUDGET. (a) The board may
816-17 adopt an amended annual budget during the fiscal year.
816-18 (b) An amended annual budget does not supersede a prior
816-19 budget until it is filed with the governor and the legislature.
816-20 (V.A.C.S. Art. 4413(501), Sec. 3.05(d).)
816-21 Sec. 2306.117. PAYMENT OF EXPENSES; INDEBTEDNESS. (a) The
816-22 expenses incurred in carrying out the functions of the housing
816-23 finance division may be paid only from revenues or funds provided
816-24 under this chapter.
816-25 (b) This chapter does not authorize the housing finance
816-26 division to incur debt or liability on behalf of or payable by the
816-27 state, except as provided by this chapter or other law. (V.A.C.S.
817-1 Art. 4413(501), Sec. 3.05(e).)
817-2 Sec. 2306.118. DEPOSIT OF FUNDS WITH TEXAS TREASURY
817-3 SAFEKEEPING TRUST COMPANY. Except as provided by Section 2306.120,
817-4 revenue and funds of the department received by or payable through
817-5 the programs and functions of the housing finance division, other
817-6 than funds necessary for the operation of the housing finance
817-7 division and appropriated funds, shall be deposited outside the
817-8 treasury with the Texas Treasury Safekeeping Trust Company.
817-9 (V.A.C.S. Art. 4413(501), Sec. 3.06(a).)
817-10 Sec. 2306.119. SELECTION OF DEPOSITORY FOR OPERATING FUNDS.
817-11 (a) The department shall choose a depository for the operating
817-12 funds of the housing finance division after inviting bids for
817-13 favorable interest rates.
817-14 (b) The housing finance division shall publish notice in at
817-15 least one newspaper of general circulation in this state no later
817-16 than the 14th day before the last day set for the receipt of the
817-17 bids.
817-18 (c) Notice published under this section must state the:
817-19 (1) types of deposits planned;
817-20 (2) last day on which bids will be received; and
817-21 (3) time and place for opening bids.
817-22 (d) Sealed bids must be:
817-23 (1) identified on the envelope as bids; and
817-24 (2) submitted to the housing finance division before
817-25 the deadline for receiving bids.
817-26 (e) The housing finance division shall provide a tabulation
817-27 of all submitted bids for public inspection.
818-1 (f) The department shall choose the depository submitting
818-2 the bid with the most favorable financial terms to the department,
818-3 considering the security and efficiency with which the depository
818-4 is capable of managing the department's funds. (V.A.C.S. Art.
818-5 4413(501), Secs. 3.06(b), (c), (d).)
818-6 Sec. 2306.120. SELECTION OF DEPOSITORY UNDER COVENANTS OF
818-7 BONDS OR TRUST INDENTURES. (a) If covenants related to the
818-8 department's bonds or the trust indentures governing the bonds
818-9 specify one or more depositories or set out a method of selecting
818-10 depositories different from the method required by this subchapter,
818-11 the covenants prevail regarding the funds to which they apply and
818-12 the funds are not required to be deposited with the Texas Treasury
818-13 Safekeeping Trust Company.
818-14 (b) Bonds of the housing finance division issued under trust
818-15 indentures executed or resolutions adopted on or after September 1,
818-16 1991, may not include a covenant that interferes with the deposit
818-17 of funds in the Texas Treasury Safekeeping Trust Company.
818-18 (V.A.C.S. Art. 4413(501), Sec. 3.06(e).)
818-19 Sec. 2306.121. RECORDS. The housing finance division shall
818-20 keep complete records and accounts of its business transactions
818-21 according to generally accepted accounting principles. (V.A.C.S.
818-22 Art. 4413(501), Sec. 3.07.)
818-23 Sec. 2306.122. ANNUAL REPORT. (a) The housing finance
818-24 division shall examine:
818-25 (1) the ethnicity and income of applicants and
818-26 recipients under housing finance division programs; and
818-27 (2) the amount funded for and the geographic location
819-1 of housing units assisted by programs of the housing finance
819-2 division.
819-3 (b) This section does not require a borrower to disclose the
819-4 borrower's race or ethnicity if that information is protected from
819-5 disclosure under state or federal law.
819-6 (c) The department shall publish the findings made under
819-7 this section in an annual report made to the board and available to
819-8 the general public. (V.A.C.S. Art. 4413(501), Sec. 3.08.)
819-9 Sec. 2306.123. AREA MEDIAN INCOME. The department may
819-10 determine the median income of an individual or family for an area
819-11 by using a source or methodology acceptable under federal law or
819-12 rule. (V.A.C.S. Art. 4413(501), Sec. 3.10.)
819-13 Sec. 2306.124. RULES REGARDING HOUSING DEVELOPMENTS. The
819-14 department may adopt and publish rules regarding the:
819-15 (1) making of mortgage loans under this subchapter;
819-16 (2) regulation of borrowers;
819-17 (3) construction of ancillary commercial facilities;
819-18 and
819-19 (4) resale and disposition of real property, or an
819-20 interest in the property, that is financed by the department.
819-21 (V.A.C.S. Art. 4413(501), Sec. 3.11(c).)
819-22 Sec. 2306.125. COURT ACTIONS. (a) The department may
819-23 institute a judicial action or proceeding against a housing sponsor
819-24 receiving a loan or owning a housing development under this chapter
819-25 to:
819-26 (1) enforce this chapter;
819-27 (2) enforce the terms and provisions of an agreement
820-1 or contract between the department and the recipient of a loan
820-2 under this chapter, including provisions regarding rental or
820-3 carrying charges and income limits as applied to tenants or
820-4 occupants;
820-5 (3) foreclose its mortgage; or
820-6 (4) protect:
820-7 (A) the public interest;
820-8 (B) individuals and families of low and very low
820-9 income or families of moderate income;
820-10 (C) stockholders; or
820-11 (D) creditors of the sponsor.
820-12 (b) In an action or proceeding under this section, the
820-13 department may apply for the appointment of a trustee or receiver
820-14 to assume the management and operation of the affairs of a housing
820-15 sponsor.
820-16 (c) The department, through its designated agent, may accept
820-17 appointment as trustee or receiver of a housing sponsor when
820-18 appointed by a court of competent jurisdiction. (V.A.C.S. Art.
820-19 4413(501), Sec. 3.11(e).)
820-20 Sec. 2306.126. EXEMPTION FROM PROPERTY TAX. (a) The
820-21 department may, under its terms, conditions, and rules, pay public
820-22 agencies in lieu of ad valorem taxes on property that the
820-23 department acquires through foreclosure or sale under a deed of
820-24 trust.
820-25 (b) The department shall make payments under this section
820-26 instead of paying taxes whenever practicable with money lawfully
820-27 available for this purpose, subject to the provisions of any bond
821-1 resolution. (V.A.C.S. Art. 4413(501), Sec. 3.09.)
821-2 (Sections 2306.127 to 2306.140 reserved for expansion)
821-3 SUBCHAPTER G. HOUSING FINANCE DIVISION: GENERAL POWERS AND
821-4 DUTIES OF BOARD
821-5 Sec. 2306.141. RULES. The board shall have the specific
821-6 duty and power to adopt rules governing the administration of the
821-7 housing finance division and its programs. (V.A.C.S. Art.
821-8 4413(501), Sec. 3.02 (part).)
821-9 Sec. 2306.142. AUTHORIZATION OF BONDS. In its discretion,
821-10 the board shall authorize all bonds issued by the housing finance
821-11 division. (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
821-12 Sec. 2306.143. ANNUAL REPORT. The board shall have the
821-13 specific duty and power to approve an annual report of the housing
821-14 finance division. (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
821-15 Sec. 2306.144. FEES FOR SERVICES AND FACILITIES; PAYMENT OF
821-16 DEPARTMENT OBLIGATIONS AND EXPENSES. (a) It is the duty of the
821-17 board to establish and collect sufficient fees for services and
821-18 facilities.
821-19 (b) The board shall use available sources of revenue,
821-20 income, and receipts to:
821-21 (1) pay all expenses of the department's operation and
821-22 maintenance;
821-23 (2) pay the principal and interest on department
821-24 bonds; and
821-25 (3) create and maintain the reserves or funds provided
821-26 by each resolution authorizing the issuance of department bonds.
821-27 (V.A.C.S. Art. 4413(501), Sec. 3.37 (part).)
822-1 Sec. 2306.145. LOAN PROCEDURES. The board shall have the
822-2 specific duty and power to adopt procedures for approving loans,
822-3 purchases of loans and interests in loans, and commitments to
822-4 purchase loans under this chapter. (V.A.C.S. Art. 4413(501), Sec.
822-5 3.02 (part).)
822-6 Sec. 2306.146. INTEREST RATES AND AMORTIZATION SCHEDULES.
822-7 The board shall have the specific duty and power to establish
822-8 interest rates and amortization schedules for loans made or
822-9 financed under this chapter. (V.A.C.S. Art. 4413(501), Sec. 3.02
822-10 (part).)
822-11 Sec. 2306.147. FEES AND PENALTIES. The board shall have the
822-12 specific duty and power to establish a schedule of fees and
822-13 penalties relating to the operation of the housing finance division
822-14 and authorized by this chapter, including application, processing,
822-15 loan commitment, origination, servicing, and administrative fees.
822-16 (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
822-17 Sec. 2306.148. UNDERWRITING STANDARDS. The board shall have
822-18 the specific duty and power to adopt underwriting standards for
822-19 loans made or financed by the housing finance division. (V.A.C.S.
822-20 Art. 4413(501), Sec. 3.02 (part).)
822-21 Sec. 2306.149. APPROVED MORTGAGE LENDERS. The board shall
822-22 have the specific duty and power to compile a list of approved
822-23 mortgage lenders. (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
822-24 Sec. 2306.150. PROPERTY STANDARDS. The board shall have the
822-25 specific duty and power to adopt minimum property standards for
822-26 housing developments financed or acquired under this chapter.
822-27 (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
823-1 Sec. 2306.151. TARGET STRATEGY FOR BOND PROCEEDS. The board
823-2 shall have the specific duty and power to adopt a target strategy
823-3 for the percentage of mortgage revenue bond proceeds to be made
823-4 available to individuals and families of low and very low income.
823-5 (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
823-6 Sec. 2306.152. ELIGIBILITY CRITERIA. The board shall have
823-7 the specific duty and power to establish eligibility criteria for
823-8 participation in the housing finance division's programs for
823-9 individuals and families of low and very low income and families of
823-10 moderate income. (V.A.C.S. Art. 4413(501), Sec. 3.02 (part).)
823-11 (Sections 2306.153 to 2306.170 reserved for expansion)
823-12 SUBCHAPTER H. HOUSING FINANCE DIVISION: GENERAL POWERS
823-13 AND DUTIES OF DEPARTMENT
823-14 Sec. 2306.171. GENERAL DUTIES OF DEPARTMENT RELATING TO
823-15 PURPOSES OF HOUSING FINANCE DIVISION. The department shall:
823-16 (1) develop policies and programs designed to increase
823-17 the number of individuals and families of low and very low income
823-18 that participate in the housing finance division's programs;
823-19 (2) work with municipalities, public agencies, housing
823-20 sponsors, and nonprofit corporations to provide:
823-21 (A) information on division programs; and
823-22 (B) technical assistance to municipalities and
823-23 nonprofit corporations;
823-24 (3) encourage private and nonprofit corporations and
823-25 state organizations to match the division's funds to assist in
823-26 providing affordable housing to individuals and families of low and
823-27 very low income and families of moderate income;
824-1 (4) provide matching funds to municipalities, public
824-2 agencies, housing sponsors, and nonprofit developers who qualify
824-3 under the division's programs; and
824-4 (5) administer the state's allocation of federal funds
824-5 provided under the rental rehabilitation grant program authorized
824-6 by Section 17, Title I, of the United States Housing Act of 1937
824-7 (42 U.S.C. Section 1437o). (V.A.C.S. Art. 4413(501), Secs. 3.04,
824-8 3.44.)
824-9 Sec. 2306.172. ACQUISITION AND USE OF MONEY; DEPOSITORIES.
824-10 The department may:
824-11 (1) acquire, hold, invest, deposit, use, and spend its
824-12 income and money from every source; and
824-13 (2) select its depository or depositories, subject
824-14 only to the provisions of:
824-15 (A) this chapter; and
824-16 (B) a covenant relating to the department's
824-17 bonds issued by the housing finance division. (V.A.C.S. Art.
824-18 4413(501), Sec. 3.03 (part).)
824-19 Sec. 2306.173. INVESTMENTS. Subject to a resolution
824-20 authorizing issuance of its bonds, the department may:
824-21 (1) invest its money in bonds, obligations, or other
824-22 securities; or
824-23 (2) place its money in demand or time deposits,
824-24 whether or not evidenced by certificates of deposit. (V.A.C.S.
824-25 Art. 4413(501), Sec. 3.03 (part).)
824-26 Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY. The
824-27 department may:
825-1 (1) acquire, own, rent, lease, accept, hold, or
825-2 dispose of any real, personal, or mixed property, or any interest
825-3 in property, including a right or easement, in performing its
825-4 duties and exercising its powers under this chapter, by purchase,
825-5 exchange, gift, assignment, transfer, foreclosure, sale, lease, or
825-6 otherwise;
825-7 (2) hold, manage, operate, or improve real, personal,
825-8 or mixed property, except that:
825-9 (A) the department is restricted in acquiring
825-10 property under Section 2306.251 unless it is required to foreclose
825-11 on a delinquent loan and elects to acquire the property at
825-12 foreclosure;
825-13 (B) the department shall make a diligent effort
825-14 to sell a housing development acquired through foreclosure to a
825-15 purchaser who will be required to pay ad valorem taxes on the
825-16 housing development or, if such a purchaser cannot be found, to
825-17 another purchaser; and
825-18 (C) the department shall sell a housing
825-19 development acquired through foreclosure not later than the third
825-20 anniversary of the date of acquisition unless the board adopts a
825-21 resolution stating that a purchaser cannot be found after diligent
825-22 search by the housing finance division, in which case the
825-23 department shall continue to try to find a purchaser and shall sell
825-24 the housing development when a purchaser is found; and
825-25 (3) lease or rent land or a dwelling, house,
825-26 accommodation, building, structure, or facility from a private
825-27 party to carry out the housing finance division's purposes.
826-1 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
826-2 Sec. 2306.175. TRANSFER AND DISPOSITION OF PROPERTY; MANNER
826-3 OF SALE. (a) The department may:
826-4 (1) sell, assign, lease, encumber, mortgage, or
826-5 otherwise dispose of real, personal, or mixed property, or an
826-6 interest in property, or a deed of trust or mortgage lien interest
826-7 owned by it or in its control, custody, or possession; and
826-8 (2) release or relinquish a right, title, claim, lien,
826-9 interest, easement, or demand acquired in any manner, including an
826-10 equity or right of redemption in property foreclosed by it.
826-11 (b) Notwithstanding any other law, the department may, under
826-12 this section, conduct a public or private sale, with or without
826-13 public bidding. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
826-14 Sec. 2306.176. FEES. The department may set, charge, and
826-15 collect fees relating to loans made or other services provided by
826-16 the department under this chapter. (V.A.C.S. Art. 4413(501), Sec.
826-17 3.03 (part).)
826-18 Sec. 2306.177. HEARINGS. The department may:
826-19 (1) conduct hearings; and
826-20 (2) take testimony and proof, under oath, at public
826-21 hearings, on matters necessary to carry out the housing finance
826-22 division's purposes. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
826-23 Sec. 2306.178. INSURANCE. The department may acquire, and
826-24 pay premiums on, insurance of any kind in amounts and from insurers
826-25 that the board considers necessary or advisable. (V.A.C.S. Art.
826-26 4413(501), Sec. 3.03 (part).)
826-27 Sec. 2306.179. INVESTIGATIONS. The department may:
827-1 (1) investigate housing conditions and means for
827-2 improving those conditions; and
827-3 (2) determine the location of slum or blighted areas.
827-4 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
827-5 Sec. 2306.180. ENCOURAGING HOME OWNERSHIP. The department
827-6 may encourage individual or cooperative home ownership among
827-7 individuals and families of low and very low income and families of
827-8 moderate income. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
827-9 Sec. 2306.181. TARGETING BOND PROCEEDS. The department may
827-10 target the proceeds from housing bonds issued by it to a geographic
827-11 area or areas of the state. (V.A.C.S. Art. 4413(501), Sec. 3.03
827-12 (part).)
827-13 Sec. 2306.182. LOANS TO LENDERS. The department may make
827-14 loans to mortgage lenders, public agencies, or other housing
827-15 sponsors and use the proceeds to make loans for multifamily housing
827-16 developments that will be substantially occupied by individuals and
827-17 families of low and very low income or families of moderate income.
827-18 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
827-19 Sec. 2306.183. NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES
827-20 IN RURAL AREAS AND SMALL MUNICIPALITIES. The department may adopt
827-21 a target strategy to ensure that the credit and housing needs of
827-22 qualifying individuals and families who reside in rural areas and
827-23 small municipalities are equitably served by the housing finance
827-24 division. (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
827-25 (Sections 2306.184 to 2306.200 reserved for expansion)
827-26 SUBCHAPTER I. HOUSING FINANCE DIVISION: FUNDS
827-27 Sec. 2306.201. HOUSING TRUST FUND. (a) The housing trust
828-1 fund is a fund:
828-2 (1) administered by the department through the housing
828-3 finance division; and
828-4 (2) placed with the Texas Treasury Safekeeping Trust
828-5 Company.
828-6 (b) The fund consists of:
828-7 (1) appropriations or transfers made to the fund;
828-8 (2) unencumbered fund balances; and
828-9 (3) public or private gifts or grants. (V.A.C.S. Art.
828-10 4413(501), Sec. 3.16(a) (part).)
828-11 Sec. 2306.202. USE OF HOUSING TRUST FUND. (a) The
828-12 department, through the housing finance division, shall use the
828-13 housing trust fund to provide loans, grants, or other comparable
828-14 forms of assistance to local units of government, public housing
828-15 authorities, nonprofit organizations, and income-eligible
828-16 individuals, families, and households to finance, acquire,
828-17 rehabilitate, and develop decent, safe, and sanitary housing.
828-18 (b) Use of the fund is limited to providing:
828-19 (1) assistance for individuals and families of low and
828-20 very low income; and
828-21 (2) technical assistance and capacity building to
828-22 nonprofit organizations engaged in developing housing for
828-23 individuals and families of low and very low income. (V.A.C.S.
828-24 Art. 4413(501), Sec. 3.16(b).)
828-25 Sec. 2306.203. RULES REGARDING ADMINISTRATION OF HOUSING
828-26 TRUST FUND. The board shall adopt rules to administer the housing
828-27 trust fund, including rules providing:
829-1 (1) that the division give priority to programs that
829-2 maximize federal resources;
829-3 (2) for a process to set priorities for use of the
829-4 fund, including the distribution of fund resources under a request
829-5 for a proposal process developed and approved by the board;
829-6 (3) that the criteria used to rank proposals will
829-7 include the:
829-8 (A) leveraging of federal resources;
829-9 (B) cost-effectiveness of a proposed
829-10 development; and
829-11 (C) extent to which individuals and families of
829-12 very low income are served by the development;
829-13 (4) that funds may not be made available to a
829-14 development that permanently and involuntarily displaces
829-15 individuals and families of low income;
829-16 (5) that the board attempt to allocate funds to
829-17 achieve a broad geographical distribution with:
829-18 (A) special emphasis on equitably serving rural
829-19 and nonmetropolitan areas; and
829-20 (B) consideration of the number and percentage
829-21 of income-qualified families in different geographical areas; and
829-22 (6) that multifamily housing developed or
829-23 rehabilitated through the fund remain affordable to
829-24 income-qualified households for at least 20 years. (V.A.C.S. Art.
829-25 4413(501), Sec. 3.16(c).)
829-26 Sec. 2306.204. INDEPENDENT AUDIT OF HOUSING TRUST FUND.
829-27 (a) An independent auditor shall annually conduct an audit of the
830-1 housing trust fund to determine the amount of unencumbered fund
830-2 balances that is greater than the amount required for the reserve
830-3 fund.
830-4 (b) The independent auditor shall submit the audit report to
830-5 the board not later than December 31 of each year. (V.A.C.S. Art.
830-6 4413(501), Sec. 3.16(d).)
830-7 Sec. 2306.205. TRANSFER OF MONEY TO HOUSING TRUST FUND.
830-8 (a) Except as provided by Subsections (c), (d), and (e), not later
830-9 than January 10 of each year the housing finance division shall
830-10 transfer to the housing trust fund an amount, as determined by the
830-11 audit report prepared under Section 2306.204, equal to one-half of
830-12 the housing finance division's unencumbered fund balances in excess
830-13 of two percent of the division's total bonded indebtedness that is
830-14 not rated on its own merits in the highest long-term debt rating
830-15 category by one or more nationally recognized rating agencies.
830-16 (b) The department shall determine the unencumbered fund
830-17 balance under Subsection (a) according to the debt rating criteria
830-18 established for housing finance agencies by one or more nationally
830-19 recognized rating agencies.
830-20 (c) If, at the time an annual audit required by Section
830-21 2306.204 is concluded, the housing finance division's unencumbered
830-22 fund balances exceed four percent of its total bonded indebtedness
830-23 that is not rated on its own merits in the highest long-term debt
830-24 rating category, the department shall transfer not later than
830-25 January 10 of the next year all amounts in excess of that four
830-26 percent.
830-27 (d) If, at the time an annual audit required by Section
831-1 2306.204 is concluded, a nationally recognized rating agency has
831-2 recommended that the housing finance division maintain unencumbered
831-3 fund balances in excess of the amount permitted by Subsection (a)
831-4 to achieve or maintain a rating of at least Aa/A+ on all or a
831-5 portion of the bonded indebtedness of the housing finance division
831-6 that is issued under an open indenture or an open flow of funds,
831-7 the department shall transfer not later than January 10 of the next
831-8 year all amounts in excess of the amount required by the rating
831-9 agency to be held as unencumbered fund balances.
831-10 (e) If, at the time an annual audit required by Section
831-11 2306.204 is concluded, a nationally recognized rating agency has
831-12 recommended that the housing finance division increase the amount
831-13 of its unencumbered fund balances to achieve or maintain a
831-14 financially sound condition or to prevent a decrease in the
831-15 long-term debt rating maintained on all or a portion of the housing
831-16 finance division's bonded indebtedness, the housing finance
831-17 division may not make further annual transfers to the housing trust
831-18 fund until all requirements and conditions of the rating agency
831-19 have been met. (V.A.C.S. Art. 4413(501), Secs. 3.16(e), (f), (g),
831-20 (h).)
831-21 Sec. 2306.206. HOUSING TRUST FUND NOT SUBJECT TO TEXAS TRUST
831-22 CODE. The housing trust fund provided for by this subchapter is
831-23 not subject to Subtitle B, Title 9, Property Code. (V.A.C.S. Art.
831-24 4413(501), Sec. 3.16(i).)
831-25 Sec. 2306.207. RESERVE FUND. (a) The housing finance
831-26 division may create a reserve fund with the state treasurer out of:
831-27 (1) proceeds from the sale of the division's bonds; or
832-1 (2) other resources.
832-2 (b) The reserve fund is additional security for the
832-3 division's bonds. (V.A.C.S. Art. 4413(501), Sec. 1.02(24) (part).)
832-4 (Sections 2306.208 to 2306.220 reserved for expansion)
832-5 SUBCHAPTER J. HOUSING FINANCE DIVISION:
832-6 LOAN TERMS AND CONDITIONS
832-7 Sec. 2306.221. HOUSING DEVELOPMENT LOANS. To finance the
832-8 purchase, construction, remodeling, improvement, or rehabilitation
832-9 of housing developments for residential housing designed and
832-10 planned for individuals and families of low and very low income and
832-11 families of moderate income, the department, on the terms and
832-12 conditions stated in this chapter, may:
832-13 (1) make, commit to make, and participate in the
832-14 making of mortgage loans, including federally insured loans to
832-15 housing sponsors; and
832-16 (2) make temporary loans and advances in anticipation
832-17 of permanent mortgage loans. (V.A.C.S. Art. 4413(501), Sec.
832-18 3.11(b).)
832-19 Sec. 2306.222. CONTRACTS AND AGREEMENTS REGARDING HOUSING
832-20 DEVELOPMENTS. The department may enter into agreements and
832-21 contracts with housing sponsors and mortgage lenders under this
832-22 chapter to make or participate in mortgage loans for residential
832-23 housing for individuals and families of low and very low income and
832-24 families of moderate income. (V.A.C.S. Art. 4413(501), Sec.
832-25 3.11(d).)
832-26 Sec. 2306.223. Criteria for Financing Housing Development of
832-27 Housing Sponsor. Notwithstanding any other provision of this
833-1 chapter, the department may not finance a housing development
833-2 undertaken by a housing sponsor under this chapter, unless the
833-3 department first determines that:
833-4 (1) the housing development is necessary to provide
833-5 needed decent, safe, and sanitary housing at rentals or prices that
833-6 individuals or families of low and very low income or families of
833-7 moderate income can afford;
833-8 (2) the housing sponsor undertaking the proposed
833-9 housing development will supply well-planned and well-designed
833-10 housing for individuals or families of low and very low income or
833-11 families of moderate income;
833-12 (3) the housing sponsor is financially responsible;
833-13 (4) the financing of the housing development is a
833-14 public purpose and will provide a public benefit; and
833-15 (5) the housing development will be undertaken within
833-16 the authority granted by this chapter to the housing finance
833-17 division and the housing sponsor. (V.A.C.S. Art. 4413(501), Sec.
833-18 3.23.)
833-19 Sec. 2306.224. LOAN TERMS AND CONDITIONS. A loan financed
833-20 through a program of the housing finance division under this
833-21 subchapter is subject to the terms and conditions provided by this
833-22 subchapter. (V.A.C.S. Art. 4413(501), Sec. 3.12(a).)
833-23 Sec. 2306.225. RATIO OF LOAN TO DEVELOPMENT COST;
833-24 AMORTIZATION PERIOD. (a) Except as provided by Subsection (b),
833-25 the ratio of loan to total housing development cost and the
833-26 amortization period of a loan insured or guaranteed by the federal
833-27 government is governed by the federal government mortgage insurance
834-1 commitment or federal guarantee for each housing development.
834-2 (b) The amortization period for a loan may not exceed 40
834-3 years. (V.A.C.S. Art. 4413(501), Sec. 3.12(b).)
834-4 Sec. 2306.226. INTEREST RATES. (a) The board shall set the
834-5 interest rates at which the housing finance division makes loans
834-6 and loan commitments.
834-7 (b) The interest rates shall be set to produce, when
834-8 combined with other available funds, at least the amounts required
834-9 to pay for the housing finance division's costs of operation and to
834-10 meet its covenants with and responsibilities to the holders of its
834-11 bonds. (V.A.C.S. Art. 4413(501), Sec. 3.12(d) (part).)
834-12 Sec. 2306.227. PREPAYMENT OF MORTGAGE LOANS. A mortgage
834-13 loan made under this chapter may be prepaid to maturity after the
834-14 period of years and under the terms and conditions determined by
834-15 the board. (V.A.C.S. Art. 4413(501), Sec. 3.12(c).)
834-16 Sec. 2306.228. LOAN FEES. The department shall make and
834-17 collect loan fees that the department determines are reasonable,
834-18 including:
834-19 (1) fees to reimburse the housing finance division's
834-20 financing costs;
834-21 (2) service charges;
834-22 (3) insurance premiums;
834-23 (4) mortgage insurance premiums; and
834-24 (5) fees for administrative costs. (V.A.C.S. Art.
834-25 4413(501), Sec. 3.12(d) (part).)
834-26 Sec. 2306.229. DOCUMENTS SUPPORTING MORTGAGE LOANS. (a) A
834-27 mortgage loan shall be evidenced by a mortgage or deed of trust
835-1 note or bond and by a mortgage that creates a lien on the housing
835-2 development and on all real property that constitutes the site of
835-3 or that relates to the housing development.
835-4 (b) A note or bond and a mortgage or deed of trust:
835-5 (1) must contain provisions satisfactory to the
835-6 department;
835-7 (2) must be in a form satisfactory to the department;
835-8 and
835-9 (3) may contain exculpatory provisions relieving the
835-10 borrower or its principal from personal liability if the department
835-11 agrees. (V.A.C.S. Art. 4413(501), Sec. 3.12(e).)
835-12 Sec. 2306.230. AGREEMENTS REGARDING CERTAIN LIMITATIONS ON
835-13 HOUSING SPONSORS. A mortgage loan is subject to an agreement
835-14 between the department and the housing sponsor that subjects the
835-15 sponsor and its principals or stockholders to limitations
835-16 established by the department regarding:
835-17 (1) rentals and other charges;
835-18 (2) builders' and developers' profits and fees;
835-19 (3) the disposition of its property; and
835-20 (4) the real property that constitutes the site of or
835-21 relates to the housing development. (V.A.C.S. Art. 4413(501), Sec.
835-22 3.12(f).)
835-23 Sec. 2306.231. LOAN CONDITIONS RELATING TO DEPARTMENT
835-24 POWERS. As a condition of each loan, the department, acting
835-25 through the housing finance division, may at any time during the
835-26 construction, rehabilitation, or operation of a housing
835-27 development:
836-1 (1) enter and inspect the housing development to:
836-2 (A) investigate the development's:
836-3 (i) physical and financial condition;
836-4 (ii) construction;
836-5 (iii) rehabilitation;
836-6 (iv) operation;
836-7 (v) management; and
836-8 (vi) maintenance; and
836-9 (B) examine all books and records relating to:
836-10 (i) capitalization;
836-11 (ii) income; and
836-12 (iii) other matters regarding
836-13 capitalization or income;
836-14 (2) impose charges that are required to cover the cost
836-15 of inspections and examinations under Subdivision (1);
836-16 (3) order alterations, changes, or repairs necessary
836-17 to protect:
836-18 (A) the security of the department's investment
836-19 in a housing development; or
836-20 (B) the health, safety, and welfare of the
836-21 occupants of a housing development;
836-22 (4) order a managing agent, housing development
836-23 manager, or housing development owner to do whatever is necessary
836-24 to comply with or refrain from violating an applicable law,
836-25 ordinance, department rule, or term of an agreement regarding the
836-26 housing development; and
836-27 (5) file and prosecute a complaint against a managing
837-1 agent, housing development manager, or housing development owner
837-2 for a violation of any applicable law or ordinance. (V.A.C.S. Art.
837-3 4413(501), Sec. 3.12(g).)
837-4 Sec. 2306.232. TEXAS HOUSING AGENCY LOAN OR GUARANTEE. A
837-5 loan or guarantee made by the Texas Housing Agency becomes a loan
837-6 or guarantee of the housing finance division. (Ch. 762, Acts of
837-7 the 72nd Leg., R.S., 1991, Sec. 23(c).)
837-8 (Sections 2306.233 to 2306.250 reserved for expansion)
837-9 SUBCHAPTER K. HOUSING FINANCE DIVISION: HOUSING PROGRAMS
837-10 Sec. 2306.251. PROPERTY OWNERSHIP PROGRAM. (a) The
837-11 department may acquire and own real property on an interim basis
837-12 for sale or rental to:
837-13 (1) individuals and families of low and very low
837-14 income; and
837-15 (2) nonprofit housing organizations and other housing
837-16 organizations to serve the needs of individuals and families of low
837-17 and very low income.
837-18 (b) Property acquired by the department must qualify for
837-19 home mortgage insurance after rehabilitation.
837-20 (c) The housing finance division may use money from the
837-21 housing trust fund or unencumbered fund balances to purchase
837-22 property under this section. The division may not use more than 10
837-23 percent of the yearly balance of the housing trust fund to acquire
837-24 real property.
837-25 (d) If the department acquires property under this section,
837-26 the housing finance division shall have an independent audit
837-27 conducted annually to analyze the property ownership program's:
838-1 (1) financial stability;
838-2 (2) cost-effectiveness; and
838-3 (3) effectiveness in serving individuals of low and
838-4 very low income. (V.A.C.S. Art. 4413(501), Sec. 3.17.)
838-5 Sec. 2306.252. LOW AND VERY LOW INCOME HOUSING RESOURCE
838-6 CENTER. (a) The board shall establish a low and very low income
838-7 housing resource center in the housing finance division.
838-8 (b) The center shall:
838-9 (1) provide educational material to housing advocates,
838-10 housing sponsors, borrowers, and tenants;
838-11 (2) provide technical assistance to nonprofit housing
838-12 sponsors;
838-13 (3) focus on marketing loans and other programs of the
838-14 housing finance division to individuals and families of low and
838-15 very low income; and
838-16 (4) assist lenders in marketing loans to individuals
838-17 and families of low and very low income. (V.A.C.S. Art. 4413(501),
838-18 Sec. 3.18.)
838-19 (Sections 2306.253 to 2306.260 reserved for expansion)
838-20 SUBCHAPTER L. HOUSING FINANCE DIVISION:
838-21 REGULATION OF HOUSING SPONSORS
838-22 Sec. 2306.261. Supervising Housing Sponsors. The housing
838-23 finance division may, as provided by this subchapter, supervise:
838-24 (1) housing sponsors, including limited profit housing
838-25 sponsors, of housing developments that are financed under this
838-26 chapter and rented or leased to tenants; and
838-27 (2) real and personal property of sponsors. (V.A.C.S.
839-1 Art. 4413(501), Sec. 3.21(a).)
839-2 Sec. 2306.262. UNIFORM SYSTEMS OF ACCOUNTS AND RECORDS. The
839-3 department may require uniform systems of accounts and records for
839-4 housing sponsors. (V.A.C.S. Art. 4413(501), Sec. 3.21(b) (part).)
839-5 Sec. 2306.263. REPORTING. The department may require
839-6 housing sponsors to:
839-7 (1) make reports and certifications of their
839-8 expenditures; and
839-9 (2) answer specific questions on forms whenever
839-10 necessary for the purposes of this chapter. (V.A.C.S. Art.
839-11 4413(501), Sec. 3.21(b) (part).)
839-12 Sec. 2306.264. INSPECTIONS AND EXAMINATIONS. The
839-13 department, through its agents or employees, may:
839-14 (1) enter and inspect, in whole or in part, the land,
839-15 buildings, and equipment of a housing sponsor; and
839-16 (2) examine all records showing the capital structure,
839-17 income, expenditures, and other payments of a housing sponsor.
839-18 (V.A.C.S. Art. 4413(501), Sec. 3.21(c).)
839-19 Sec. 2306.265. OPERATION, MAINTENANCE, AND REPAIR. The
839-20 department may:
839-21 (1) supervise the operation and maintenance of a
839-22 housing development; and
839-23 (2) order necessary repairs to protect the public
839-24 interest or the health, welfare, or safety of the housing
839-25 development occupants. (V.A.C.S. Art. 4413(501), Sec. 3.21(d).)
839-26 Sec. 2306.266. FEES RELATING TO REGULATION. The department
839-27 may require a housing sponsor to pay the housing finance division
840-1 fees for the cost of regulating the housing sponsor, including the
840-2 cost of:
840-3 (1) examination;
840-4 (2) inspection;
840-5 (3) supervision; and
840-6 (4) auditing. (V.A.C.S. Art. 4413(501), Sec.
840-7 3.21(g).)
840-8 Sec. 2306.267. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND
840-9 CONTRACT TERMS. The department may order a housing sponsor to
840-10 perform or refrain from performing certain acts in order to comply
840-11 with the law, housing finance division rules, or terms of a
840-12 contract or agreement to which the housing sponsor is a party.
840-13 (V.A.C.S. Art. 4413(501), Sec. 3.21(h).)
840-14 Sec. 2306.268. RENTS AND CHARGES. The department shall
840-15 approve and may change from time to time a schedule of rents and
840-16 charges for a housing development operated by the department under
840-17 Section 2306.251. (V.A.C.S. Art. 4413(501), Sec. 3.21(e).)
840-18 Sec. 2306.269. TENANT AND MANAGER SELECTION. The department
840-19 shall set standards for tenant and management selection by a
840-20 housing sponsor. (V.A.C.S. Art. 4413(501), Sec. 3.21(f).)
840-21 Sec. 2306.270. REGULATION OF RETIREMENT OF CAPITAL
840-22 INVESTMENT OR REDEMPTION OF STOCK. The department shall regulate
840-23 the retirement of a capital investment or the redemption of stock
840-24 of a limited profit housing sponsor if the retirement or
840-25 redemption, when added to a dividend or other distribution, exceeds
840-26 in any one fiscal year the permitted percentage, as allowed by the
840-27 housing finance division's rules, of the original face amount of
841-1 the limited profit housing sponsor's investment or equity in a
841-2 housing development. (V.A.C.S. Art. 4413(501), Sec. 3.21(i).)
841-3 Sec. 2306.271. COST CONTROLS. (a) The housing finance
841-4 division by rule shall specify the categories of costs allowable in
841-5 the construction, reconstruction, remodeling, improvement, or
841-6 rehabilitation of a housing development.
841-7 (b) The housing finance division shall require a housing
841-8 sponsor to certify the actual housing development costs on
841-9 completion of the housing development, subject to audit and
841-10 determination by the department.
841-11 (c) The department may accept, instead of certification of
841-12 housing development costs under Subsection (b), other assurances of
841-13 the costs, in any form, that will enable the housing finance
841-14 division to determine with reasonable accuracy the amount of the
841-15 costs.
841-16 (d) In this section, "housing development costs" means the
841-17 total of all costs incurred in financing, creating, or purchasing a
841-18 housing development, including a single-family dwelling, approved
841-19 by the department as reasonable and necessary. The costs may
841-20 include:
841-21 (1) the value of land and buildings on the land owned
841-22 by the sponsor or the cost of acquiring land and buildings on the
841-23 land, including payments for options, deposits, or contracts to
841-24 purchase properties on the proposed housing site;
841-25 (2) costs of site preparation, demolition, and
841-26 development;
841-27 (3) expenses relating to the issuance of bonds;
842-1 (4) fees paid or payable in connection with the
842-2 planning, execution, and financing of the housing development,
842-3 including fees to:
842-4 (A) architects;
842-5 (B) engineers;
842-6 (C) attorneys;
842-7 (D) accountants; or
842-8 (E) the housing finance division on the
842-9 department's behalf;
842-10 (5) costs of necessary studies, surveys, plans,
842-11 permits, insurance, interest, financing, tax and assessment costs,
842-12 and other operating and carrying costs during construction;
842-13 (6) costs of construction, rehabilitation,
842-14 reconstruction, fixtures, furnishings, equipment, machinery, and
842-15 apparatus related to the real property;
842-16 (7) costs of land improvements, including landscaping
842-17 and off-site improvements, whether or not the costs have been paid
842-18 in cash or in a form other than cash;
842-19 (8) necessary expenses for the initial occupancy of
842-20 the housing development;
842-21 (9) a reasonable profit and risk fee in addition to
842-22 job overhead to the general contractor or limited profit housing
842-23 sponsor;
842-24 (10) an allowance established by the department for
842-25 working capital and contingency reserves and reserves for
842-26 anticipated operating deficits during the first two years of
842-27 occupancy; and
843-1 (11) the cost of other items, including tenant
843-2 relocation if tenant relocation costs are not otherwise provided
843-3 for, that the department determines are reasonable and necessary
843-4 for the development of the housing development, less net rents and
843-5 other net revenues received from the operation of the real and
843-6 personal property on the development site during construction.
843-7 (V.A.C.S. Art. 4413(501), Secs. 1.02(9), 3.21(j).)
843-8 Sec. 2306.272. HOUSING SPONSOR INVESTMENTS. (a) A
843-9 principal or stockholder of a housing sponsor may not earn, accept,
843-10 or receive a per annum return on an investment in a housing
843-11 development financed by the department greater than that allowed by
843-12 department rule.
843-13 (b) A housing sponsor's equity in a housing development is
843-14 the difference between the mortgage loan and the total housing
843-15 development cost.
843-16 (c) The department shall establish a housing sponsor's
843-17 equity when the final mortgage advance is made.
843-18 (d) For the purposes of this section, the amount established
843-19 under Subsection (c) remains constant during the life of the
843-20 department's mortgage on the development, except for additional
843-21 equity investment made by the sponsor with the department's
843-22 approval or at its order.
843-23 (e) In this section, "housing development costs" has the
843-24 meaning assigned by Section 2306.271(d). (V.A.C.S. Art. 4413(501),
843-25 Sec. 3.12(h).)
843-26 Sec. 2306.273. LIMITATION ON APPLICATION OF CERTAIN
843-27 PROVISIONS OF SUBCHAPTER. Sections 2306.261 through 2306.271 do
844-1 not apply to a housing development:
844-2 (1) for which individuals or families of low and very
844-3 low income or families of moderate income receive a mortgage loan
844-4 under this chapter; and
844-5 (2) that initially is intended for occupancy by those
844-6 individuals or families. (V.A.C.S. Art. 4413(501), Sec. 3.21(k).)
844-7 (Sections 2306.274 to 2306.290 reserved for expansion)
844-8 SUBCHAPTER M. HOUSING FINANCE DIVISION:
844-9 PURCHASE AND SALE OF MORTGAGE LOANS
844-10 Sec. 2306.291. PURCHASE AND SALE OF MORTGAGE LOANS.
844-11 (a) The department may purchase and take assignments from mortgage
844-12 lenders or the federal government of notes and mortgages evidencing
844-13 loans or interest in loans for the construction, remodeling,
844-14 improvement or rehabilitation, purchase, leasing, or refinancing of
844-15 housing developments for individuals and families of low and very
844-16 low income and families of moderate income.
844-17 (b) The department may sell, at public or private sale, with
844-18 or without public bidding, a mortgage or other obligation held by
844-19 the department. (V.A.C.S. Art. 4413(501), Sec. 3.14.)
844-20 Sec. 2306.292. ELIGIBILITY OF MORTGAGE LOANS FOR PURCHASE.
844-21 A mortgage loan or interest in a mortgage loan is not eligible for
844-22 purchase by or on behalf of the department from a mortgage lender
844-23 unless the mortgage lender certifies that the mortgage loan or
844-24 interest in the mortgage loan is for a housing development for
844-25 individuals or families of low and very low income or for families
844-26 of moderate income. (V.A.C.S. Art. 4413(501), Sec. 3.15(a).)
844-27 Sec. 2306.293. FEDERALLY ASSISTED MORTGAGE LOANS. A
845-1 mortgage loan or interest in a mortgage loan purchased or sold
845-2 under this subchapter may include a mortgage loan that is insured,
845-3 guaranteed, or assisted by the federal government or a mortgage
845-4 loan that the federal government has committed to insure,
845-5 guarantee, or assist. (V.A.C.S. Art. 4413(501), Sec. 3.15(c).)
845-6 Sec. 2306.294. MORTGAGE LOAN PURCHASE PRICE. (a) On
845-7 purchasing a mortgage loan or interest in a mortgage loan from a
845-8 mortgage lender, the department shall pay a purchase price equal to
845-9 the outstanding principal balance, except that a discount from the
845-10 principal balance or the payment of a premium may be used to
845-11 produce a fair rate of return consistent with the obligations of
845-12 the department and the purposes of this chapter.
845-13 (b) In addition to payment of the outstanding principal
845-14 balance, the department shall pay the accrued interest due to the
845-15 date on which the mortgage loan is delivered against payment.
845-16 (V.A.C.S. Art. 4413(501), Sec. 3.15(b).)
845-17 Sec. 2306.295. RULES GOVERNING PURCHASE AND SALE OF MORTGAGE
845-18 LOANS. The department shall adopt rules governing the purchase and
845-19 sale of mortgage loans and the application of sale proceeds,
845-20 including rules governing:
845-21 (1) procedures for submitting requests or inviting
845-22 proposals for the purchase and sale of mortgage loans or interest
845-23 in the mortgage loans;
845-24 (2) restrictions on the number of family units,
845-25 location, or other qualifications of residences to be financed by
845-26 residential mortgage loans;
845-27 (3) income limits of individuals and families of low
846-1 and very low income or families of moderate income occupying a
846-2 residence financed by a residential mortgage loan;
846-3 (4) restrictions relating to the interest rates on
846-4 mortgage loans or the return realized by mortgage lenders;
846-5 (5) requirements for commitments by mortgage lenders
846-6 relating to mortgage loans;
846-7 (6) schedules of fees and charges necessary for
846-8 expenses and reserves of the housing finance division;
846-9 (7) resale of the housing development; and
846-10 (8) any other matter related to the power of the
846-11 department to purchase and sell mortgage loans or interests in
846-12 mortgage loans. (V.A.C.S. Art. 4413(501), Sec. 3.15(d).)
846-13 Sec. 2306.296. REVIEW AND SUBSTITUTION OF PURCHASED MORTGAGE
846-14 LOANS. (a) The department shall review each mortgage loan
846-15 purchased or financed by the department to determine if the loan
846-16 meets:
846-17 (1) the conditions of this chapter;
846-18 (2) the department's rules; and
846-19 (3) any commitment made with the mortgage lender to
846-20 purchase mortgage loans.
846-21 (b) The department may require the substitution of another
846-22 mortgage loan if it determines that a loan does not comply with the
846-23 criteria of Subsection (a). (V.A.C.S. Art. 4413(501), Sec. 3.15(e)
846-24 (part).)
846-25 Sec. 2306.297. APPLICATION OF PROVISIONS RELATING TO LOAN
846-26 TERMS AND CONDITIONS. Sections 2306.225 through 2306.229 apply to
846-27 the purchase of mortgage loans. (V.A.C.S. Art. 4413(501), Sec.
847-1 3.15(e) (part).)
847-2 (Sections 2306.298 to 2306.310 reserved for expansion)
847-3 SUBCHAPTER N. HOUSING FINANCE DIVISION: TENANTS
847-4 OF HOUSING DEVELOPMENTS
847-5 Sec. 2306.311. Admission to Housing Developments. Admission
847-6 to a housing development financed under this chapter that is leased
847-7 to tenants is limited to individuals or families of low and very
847-8 low income and families of moderate income. (V.A.C.S. Art.
847-9 4413(501), Sec. 3.22(a).)
847-10 Sec. 2306.312. EXAMINATION OF TENANT INCOME. The department
847-11 shall periodically examine, or require that a housing sponsor
847-12 examine, the income of an individual or family residing as a tenant
847-13 in a housing development. (V.A.C.S. Art. 4413(501), Sec. 3.22(b)
847-14 (part).)
847-15 Sec. 2306.313. TERMINATION OF TENANCY. (a) The department
847-16 or, with the department's approval, the housing sponsor of a
847-17 housing development may terminate the tenancy or interest of an
847-18 individual or family whose gross income exceeds the income level
847-19 allowed for admission by more than 25 percent for six months or
847-20 more.
847-21 (b) A tenancy or interest of an individual or family in a
847-22 housing development may not be terminated except on reasonable
847-23 notice and opportunity to obtain suitable alternate housing under
847-24 the department's rules.
847-25 (c) At the time notice of termination is given, the housing
847-26 finance division shall provide information to the tenant on other
847-27 division programs for which the tenant qualifies and shall
848-1 encourage the tenant's participation in those programs. (V.A.C.S.
848-2 Art. 4413(501), Sec. 3.22(b) (part).)
848-3 Sec. 2306.314. CONTINUED OCCUPANCY ON PAYMENT OF SURCHARGE.
848-4 An individual or family whose gross income would not otherwise
848-5 permit continued occupancy of a dwelling unit may, with the
848-6 department's approval, continue to occupy a dwelling unit on
848-7 payment of a surcharge to the housing sponsor under a schedule of
848-8 surcharges determined by the department. (V.A.C.S. Art. 4413(501),
848-9 Sec. 3.22(b) (part).)
848-10 Sec. 2306.315. DISCHARGE FROM LIABILITY; REIMBURSEMENT. If
848-11 an individual or family who resides in a cooperative housing
848-12 development is required to move from the development because of
848-13 excessive income, the individual or family must be:
848-14 (1) discharged from liability for any note, bond, or
848-15 other evidence of indebtedness; and
848-16 (2) reimbursed, under department rules, for all sums
848-17 paid to the housing sponsor on account of the:
848-18 (A) purchase of stock or debentures as a
848-19 condition of occupancy; or
848-20 (B) acquisition of title for that purpose.
848-21 (V.A.C.S. Art. 4413(501), Sec. 3.22(c).)
848-22 Sec. 2306.316. LIMITATION ON APPLICATION OF SUBCHAPTER.
848-23 This subchapter does not apply to a housing development:
848-24 (1) for which individuals or families of low and very
848-25 low income or families of moderate income receive a mortgage loan
848-26 under this chapter; and
848-27 (2) that initially is intended for occupancy by those
849-1 persons or families. (V.A.C.S. Art. 4413(501), Sec. 3.22(d).)
849-2 (Sections 2306.317 to 2306.330 reserved for expansion)
849-3 SUBCHAPTER O. HOUSING FINANCE DIVISION: REGULATION OF
849-4 MORTGAGE LENDERS, SERVICERS, AND CONTRACTORS
849-5 Sec. 2306.331. MORTGAGE LENDER SELECTION. The department
849-6 shall develop a process to select mortgage lenders that includes
849-7 consideration of the lender's:
849-8 (1) distribution of loans by income and geographic
849-9 region in past programs of the department or its predecessor; and
849-10 (2) rating under the Community Reinvestment Act of
849-11 1977 (12 U.S.C. Section 2901 et seq.). (V.A.C.S. Art. 4413(501),
849-12 Sec. 3.19.)
849-13 Sec. 2306.332. MONITORING MORTGAGE LENDERS. The department
849-14 shall develop a written plan to monitor and audit the performance
849-15 of mortgage lenders. The plan must include a requirement:
849-16 (1) that mortgage lenders comply with quality control
849-17 standards established by appropriate federal agencies;
849-18 (2) for an audit of mortgage lenders' compliance with
849-19 program guidelines to be conducted by random selection of loans and
849-20 associated paperwork for review;
849-21 (3) for monitoring delinquency and foreclosure rates
849-22 for currently participating mortgage lenders to identify
849-23 unfavorable trends;
849-24 (4) for an extensive audit after a finding of an
849-25 unfavorable trend under Subdivision (3); and
849-26 (5) for reporting the information gathered under this
849-27 section to the director and the board. (V.A.C.S. Art. 4413(501),
850-1 Sec. 3.20(a).)
850-2 Sec. 2306.333. MONITORING MORTGAGE SERVICERS. The housing
850-3 finance division shall develop a written plan to monitor and audit
850-4 the performance of mortgage servicers. The plan must include:
850-5 (1) a method of developing criteria to evaluate the
850-6 performance of servicers;
850-7 (2) a method of monitoring the performance of a
850-8 servicer under the criteria developed under Subdivision (1);
850-9 (3) a requirement for a review of the financial
850-10 statements of a servicer;
850-11 (4) a process for an extensive audit of servicers who
850-12 repeatedly violate the terms of the servicers' contracts with the
850-13 department;
850-14 (5) the designation of an audit team consisting of
850-15 staff members from relevant areas of the housing finance division;
850-16 and
850-17 (6) a method of reporting the information gathered
850-18 under this section to the director and the board. (V.A.C.S.
850-19 Art. 4413(501), Sec. 3.20(b).)
850-20 Sec. 2306.334. MONITORING CONTRACTORS. The department shall
850-21 develop a written plan to monitor and audit the performance of real
850-22 estate owned contractors and other contractors. The plan must
850-23 include:
850-24 (1) a requirement for a periodic inspection of
850-25 foreclosed property;
850-26 (2) a method of monitoring contractors' performance of
850-27 contract requirements; and
851-1 (3) a requirement for a periodic review of
851-2 contractors' billing procedures. (V.A.C.S. Art. 4413(501),
851-3 Sec. 3.20(c).)
851-4 (Sections 2306.335 to 2306.350 reserved for expansion)
851-5 SUBCHAPTER P. HOUSING FINANCE DIVISION BONDS:
851-6 ISSUANCE OF BONDS
851-7 Sec. 2306.351. ISSUANCE OF BONDS. (a) The department may
851-8 issue bonds under this chapter and may:
851-9 (1) provide for and secure payment of the bonds;
851-10 (2) provide for the rights of the holders of the
851-11 bonds, as permitted by this chapter and the Texas Constitution; and
851-12 (3) purchase, hold, cancel, resell, or otherwise
851-13 dispose of its bonds, subject to restrictions in a resolution
851-14 authorizing issuance of its bonds.
851-15 (b) In connection with or incidental to issuing and selling
851-16 its bonds, the department may enter into contracts that the board
851-17 considers necessary or appropriate for the department's obligation,
851-18 as represented by the bonds and incidental contracts, to be placed,
851-19 in whole or in part, on the basis desired by the board, including
851-20 interest rate, currency, or cash flow.
851-21 (c) Contracts that may be entered into under Subsection (b)
851-22 include contracts:
851-23 (1) commonly known as interest rate swap agreements,
851-24 currency swap agreements, or forward payment conversion agreements;
851-25 (2) providing for payments based on levels of or
851-26 changes in interest rates or currency exchange rates;
851-27 (3) to exchange cash flows or a series of payments; or
852-1 (4) that include options, puts or calls to hedge
852-2 payment, currency, rate, spread, or similar exposure.
852-3 (d) A contract entered into under this section shall be on
852-4 terms and conditions approved by the board. (V.A.C.S.
852-5 Art. 4413(501), Sec. 3.03 (part).)
852-6 Sec. 2306.352. TEXAS HOUSING BONDS. (a) The board by
852-7 resolution may provide for the issuance of negotiable bonds as
852-8 authorized by the Texas Constitution.
852-9 (b) The bonds shall be on a parity and shall be called Texas
852-10 Housing Bonds.
852-11 (c) The board:
852-12 (1) may issue the bonds in one or several
852-13 installments; and
852-14 (2) shall date the bonds of each issue. (V.A.C.S.
852-15 Art. 4413(501), Sec. 3.24(a).)
852-16 Sec. 2306.353. REVENUE BONDS. (a) In addition to issuing
852-17 general obligation bonds under Section 2306.352, the department may
852-18 issue revenue bonds to provide money to carry out a purpose, power,
852-19 or duty of the housing finance division under this chapter.
852-20 (b) The bonds may be issued from time to time in one or more
852-21 series or issues.
852-22 (c) The bonds shall be payable as to principal, interest,
852-23 and redemption premium, if any, from, and secured by, a first or
852-24 subordinate lien on, and pledge of, all or part of the revenues,
852-25 income, or other resources of the housing finance division,
852-26 including:
852-27 (1) the repayments of mortgage loans;
853-1 (2) the earnings from investment or deposit of the
853-2 reserve fund and other funds of the housing finance division;
853-3 (3) the fees, charges, and other amounts or payments
853-4 received under this chapter; and
853-5 (4) appropriations, grants, allocations, subsidies,
853-6 rent supplements, guaranties, aid, contribution, or donations.
853-7 (V.A.C.S. Art. 4413(501), Sec. 3.24(b).)
853-8 Sec. 2306.354. DEFINITIVE REFUNDING BONDS. (a) The
853-9 department may issue definitive refunding bonds if the bonds are
853-10 issued and delivered to refund:
853-11 (1) other department bonds; or
853-12 (2) the obligations of:
853-13 (A) the department's predecessor; or
853-14 (B) a local housing finance corporation.
853-15 (b) The bonds must be payable as to principal, interest, and
853-16 redemption premium, if any, from the refunding bonds and other
853-17 revenues, income, or resources of the department.
853-18 (c) The department may contract to issue, sell, and deliver
853-19 the definitive refunding bonds in a manner that will provide the
853-20 money necessary to pay a required part of the principal, interest,
853-21 and redemption premium, if any, on the refunded bonds or
853-22 obligations when due.
853-23 (d) The refunded bonds or obligations may be refunded in
853-24 another manner permitted by this chapter or other state law,
853-25 including Chapter 503, Acts of the 54th Legislature, Regular
853-26 Session, 1955 (Article 717k, Vernon's Texas Civil Statutes), and
853-27 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
854-1 (Article 717k-3, Vernon's Texas Civil Statutes). (V.A.C.S.
854-2 Art. 4413(501), Secs. 3.24(c), (h).)
854-3 Sec. 2306.355. ISSUANCE OF ADDITIONAL PARITY OR SUBORDINATE
854-4 LIEN BONDS. The department may issue additional parity bonds or
854-5 subordinate lien bonds under terms or conditions in the resolution
854-6 authorizing issuance of the bonds. (V.A.C.S. Art. 4413(501),
854-7 Sec. 3.24(f).)
854-8 Sec. 2306.356. ISSUANCE OF BONDS TO FUND DEPARTMENT RESERVES
854-9 OR FUNDS. The department may issue bonds to provide all or part of
854-10 the money required for funding or increasing the department's
854-11 reserves or funds. (V.A.C.S. Art. 4413(501), Sec. 3.24(g).)
854-12 Sec. 2306.357. BONDS ISSUED BY TEXAS HOUSING AGENCY. A
854-13 general obligation or revenue bond issued by the Texas Housing
854-14 Agency becomes a general obligation or revenue bond of the housing
854-15 finance division. (Ch. 762, Acts of the 72nd Leg., R.S., 1991,
854-16 Sec. 23(d).)
854-17 (Sections 2306.358 to 2306.370 reserved for expansion)
854-18 SUBCHAPTER Q. HOUSING FINANCE DIVISION BONDS:
854-19 BOARD ACTION ON BONDS
854-20 Sec. 2306.371. BOARD AUTHORIZATION OF BONDS. Bonds issued
854-21 by the department must be authorized by board resolution.
854-22 (V.A.C.S. Art. 4413(501), Sec. 3.24(e) (part).)
854-23 Sec. 2306.372. DEPARTMENT PROCEDURES. In a resolution
854-24 authorizing the issuance of department bonds, the board may
854-25 prescribe the systems and procedures under which the department
854-26 shall function. (V.A.C.S. Art. 4413(501), Sec. 3.37 (part).)
854-27 Sec. 2306.373. USE OF BOND PROCEEDS. The board may provide
855-1 in a resolution authorizing the issuance of department bonds that
855-2 part of the proceeds from the sale of the bonds may be used to:
855-3 (1) pay the costs and expenses of issuing the bonds;
855-4 (2) pay interest on the bonds during a period required
855-5 by the board;
855-6 (3) pay or repay the department's operation and
855-7 maintenance expenses to the extent and for the period specified in
855-8 the resolution; and
855-9 (4) fund, increase, or restore any depletions of the
855-10 reserve fund or of other reserves or funds for any purpose.
855-11 (V.A.C.S. Art. 4413(501), Sec. 3.24(e) (part).)
855-12 Sec. 2306.374. FACSIMILE SIGNATURES AND SEALS. (a) The
855-13 board may state in a resolution authorizing the issuance of an
855-14 installment or series of bonds the extent to which the presiding
855-15 officer of the board or any other officer may use a facsimile
855-16 signature or facsimile seal instead of a manual signature or
855-17 manually impressed seal to execute or attest the bonds and
855-18 appurtenant coupons.
855-19 (b) An interest coupon may be signed by the facsimile
855-20 signature of the presiding officer of the board. (V.A.C.S.
855-21 Art. 4413(501), Sec. 3.32.)
855-22 Sec. 2306.375. PERSONAL LIABILITY OF BOARD MEMBER OR
855-23 DIRECTOR. A member of the board or the director is not liable
855-24 personally for bonds issued or contracts executed by the housing
855-25 finance division. (V.A.C.S. Art. 4413(501), Sec. 1.06(f).)
855-26 (Sections 2306.376 to 2306.390 reserved for expansion)
855-27 SUBCHAPTER R. HOUSING FINANCE DIVISION BONDS:
856-1 FORM; TERMS
856-2 Sec. 2306.391. FORM. The department's bonds may be issued
856-3 as:
856-4 (1) serial bonds;
856-5 (2) term bonds; or
856-6 (3) a combination of serial and term bonds as
856-7 determined by the board. (V.A.C.S. Art. 4413(501), Sec. 3.26(a).)
856-8 Sec. 2306.392. DENOMINATION. (a) The department's bonds
856-9 may be issued:
856-10 (1) in coupon form payable to bearer;
856-11 (2) in fully registered form;
856-12 (3) as coupon bonds payable to bearer but registrable
856-13 as to principal alone or as to both principal and interest; or
856-14 (4) in another form, including a registered
856-15 uncertificated obligation not represented by written instruments,
856-16 commonly known as a book-entry obligation.
856-17 (b) The department shall provide for the registration of
856-18 ownership and transfer of a book-entry obligation under a system of
856-19 books and records maintained by a bank serving as trustee, paying
856-20 agent, or bond registrar. (V.A.C.S. Art. 4413(501), Sec. 3.26(b).)
856-21 Sec. 2306.393. MANNER, PRICE, AND TERMS. The department's
856-22 bonds may be sold in a manner, at a price, and under terms and
856-23 conditions determined by the board under a contractual arrangement
856-24 approved by the board. (V.A.C.S. Art. 4413(501), Sec. 3.26(d).)
856-25 Sec. 2306.394. PLACE OF PAYMENT; MEDIUM OF EXCHANGE.
856-26 (a) The department's bonds may be payable at a place inside or
856-27 outside the United States.
857-1 (b) The bonds may be made payable in any currency or medium
857-2 of exchange, including United States dollars and currencies of
857-3 other nations. (V.A.C.S. Art. 4413(501), Sec. 3.26(c) (part).)
857-4 Sec. 2306.395. INTEREST ON BONDS. The department's bonds
857-5 may be issued to bear interest at a rate determined by the board.
857-6 (V.A.C.S. Art. 4413(501), Sec. 3.25.)
857-7 Sec. 2306.396. MATURITY OF BONDS. The department's bonds
857-8 may mature within a period determined by the board. (V.A.C.S.
857-9 Art. 4413(501), Sec. 3.27.)
857-10 Sec. 2306.397. Redemption Before Maturity; Conversion.
857-11 (a) Department bonds may be made redeemable before maturity.
857-12 (b) The board may provide and covenant for the:
857-13 (1) conversion of one form of bond to another form;
857-14 and
857-15 (2) reconversion of a bond to another form.
857-16 (c) Except as provided by Subsection (d), a replacement,
857-17 converted, or reconverted bond must be approved and registered as
857-18 provided by Sections 2306.431 and 2306.432, under procedures
857-19 established by the resolution authorizing the bonds.
857-20 (d) If the duty of replacement, conversion, or reconversion
857-21 of a bond is imposed on a place of payment (paying agent) or a
857-22 corporate trustee under a trust agreement or trust indenture, the
857-23 replacement, converted, or reconverted bond does not need to be
857-24 reapproved by the attorney general or reregistered by the
857-25 comptroller as provided by Sections 2306.431 and 2306.432.
857-26 (V.A.C.S. Art. 4413(501), Secs. 3.26(c) (part), 3.28.)
857-27 (Sections 2306.398 to 2306.410 reserved for expansion)
858-1 SUBCHAPTER S. HOUSING FINANCE DIVISION BONDS:
858-2 SECURITY FOR BONDS
858-3 Sec. 2306.411. SECURITY FOR PAYMENT OF PRINCIPAL, INTEREST,
858-4 AND REDEMPTION PREMIUM. (a) In addition to other security for the
858-5 department's bonds authorized by this chapter, payment of the
858-6 principal and interest and redemption premium, if any, on the
858-7 department's bonds may be secured by a first or subordinate lien on
858-8 and pledge of all or part of:
858-9 (1) the department's assets and real, personal, or
858-10 mixed property, including:
858-11 (A) mortgages or other obligations securing the
858-12 assets of property;
858-13 (B) investments; and
858-14 (C) trust agreements or trust indentures
858-15 administered by one or more corporate trustees as allowed by the
858-16 board; and
858-17 (2) the reserves or funds of the housing finance
858-18 division.
858-19 (b) The form of a mortgage, trust agreement, or trust
858-20 indenture securing department bonds must be authorized under the
858-21 resolution authorizing the issuance of the bonds. (V.A.C.S.
858-22 Art. 4413(501), Secs. 3.24(d), (e) (part).)
858-23 Sec. 2306.412. VALIDITY OF LIENS AND PLEDGES. (a) A lien
858-24 on or pledge of revenues, income, assets, reserves, funds, or other
858-25 resources of the housing finance division, as authorized by this
858-26 chapter, is valid and binding from the time of payment for and
858-27 delivery of the bonds authorized by the board resolution creating
859-1 or confirming the lien or pledge.
859-2 (b) A lien or pledge is fully effective as to revenues,
859-3 income, assets, reserves, funds, or other resources on hand or
859-4 later received, and those items are subject to the lien or pledge
859-5 without physical delivery of the item or any further act.
859-6 (c) A lien or pledge is valid and binding against a party
859-7 who has a claim in tort, contract, or otherwise against the
859-8 department or another party, regardless of whether the party has
859-9 notice of the lien or pledge.
859-10 (d) A resolution authorizing the issuance of department
859-11 bonds or any other instrument creating or confirming a lien or
859-12 pledge is not required to be filed or recorded, except that:
859-13 (1) the resolution or instrument must be filed in the
859-14 department's records; and
859-15 (2) each department bond resolution must be submitted
859-16 to the attorney general under Section 2306.431. (V.A.C.S.
859-17 Art. 4413(501), Sec. 3.38.)
859-18 (Sections 2306.413 to 2306.430 reserved for expansion)
859-19 SUBCHAPTER T. HOUSING FINANCE DIVISION BONDS:
859-20 APPROVAL, REGISTRATION, AND EXECUTION
859-21 Sec. 2306.431. Approval of Bonds. (a) Bonds issued by the
859-22 department and the appropriate proceedings authorizing the bonds'
859-23 issuance shall be submitted to the attorney general for
859-24 examination.
859-25 (b) The attorney general shall approve the bonds if the
859-26 attorney general finds that the bonds have been authorized as
859-27 provided by this chapter. (V.A.C.S. Art. 4413(501), Sec. 3.30
860-1 (part).)
860-2 Sec. 2306.432. REGISTRATION. On approval of the attorney
860-3 general under Section 2306.431, the comptroller shall register the
860-4 department's bonds. (V.A.C.S. Art. 4413(501), Sec. 3.30 (part).)
860-5 Sec. 2306.433. Execution. Bonds authorized by Section
860-6 2306.352 shall be executed on the board's behalf as general
860-7 obligations of the state as follows:
860-8 (1) the presiding officer of the board shall sign the
860-9 bonds;
860-10 (2) the board shall impress its seal on the bonds;
860-11 (3) the governor shall sign the bonds; and
860-12 (4) the secretary of state shall attest the bonds and
860-13 impress on them the state seal. (V.A.C.S. Art. 4413(501),
860-14 Sec. 3.31.)
860-15 (Sections 2306.434 to 2306.450 reserved for expansion)
860-16 SUBCHAPTER U. HOUSING FINANCE DIVISION BONDS: RIGHTS AND
860-17 REMEDIES OF BONDHOLDERS AND PARTIES IN INTEREST
860-18 Sec. 2306.451. STATE PLEDGE REGARDING BONDHOLDER RIGHTS AND
860-19 REMEDIES. (a) The state pledges to and agrees with the holders of
860-20 bonds issued under this chapter that it will not limit or alter the
860-21 rights vested in the department under this chapter to fulfill the
860-22 terms of an agreement made with a bondholder or impair the rights
860-23 and remedies of a bondholder until the following obligations are
860-24 fully discharged:
860-25 (1) the bonds;
860-26 (2) interest on the bonds;
860-27 (3) interest on any unpaid installment of interest;
861-1 and
861-2 (4) all costs and expenses related to an action or
861-3 proceeding by or on behalf of the holders.
861-4 (b) The department may include the state's pledge and
861-5 agreement under Subsection (a) in an agreement with the holders of
861-6 the department's bonds. (V.A.C.S. Art. 4413(501), Sec. 3.29(c).)
861-7 Sec. 2306.452. PAYMENT ENFORCEABLE BY MANDAMUS. A writ of
861-8 mandamus and any other legal or equitable remedy are available to a
861-9 party in interest to require the department, the treasurer, or
861-10 another party to carry out an agreement or to perform a function or
861-11 duty under:
861-12 (1) this chapter;
861-13 (2) the Texas Constitution; or
861-14 (3) the department's bond resolutions. (V.A.C.S. Art.
861-15 4413(501), Sec. 3.35.)
861-16 (Sections 2306.453 to 2306.470 reserved for expansion)
861-17 SUBCHAPTER V. HOUSING FINANCE DIVISION BONDS: OBLIGATIONS
861-18 OF DEPARTMENT AND STATE
861-19 Sec. 2306.471. GENERAL OBLIGATION BONDS. General obligation
861-20 bonds issued under Section 2306.352 and approved and registered
861-21 under this chapter are general obligations of the state. (V.A.C.S.
861-22 Art. 4413(501), Sec. 3.34(b).)
861-23 Sec. 2306.472. DEPARTMENT'S BONDS OTHER THAN GENERAL
861-24 OBLIGATION BONDS NOT OBLIGATIONS OF THE STATE. Except for bonds
861-25 authorized by the Texas Constitution and issued under Section
861-26 2306.352, the department's bonds:
861-27 (1) are solely obligations of the department and are
862-1 payable solely from funds of the housing finance division;
862-2 (2) are not an obligation, debt, or liability of the
862-3 state; and
862-4 (3) do not create or constitute a pledge, giving, or
862-5 lending of the faith, credit, or taxing power of the state.
862-6 (V.A.C.S. Art. 4413(501), Sec. 3.29(a).)
862-7 Sec. 2306.473. STATE NOT OBLIGATED TO PAY; FAITH AND CREDIT
862-8 NOT PLEDGED. A department bond not authorized by Section 2306.352
862-9 must contain a statement on the face of the bond that:
862-10 (1) the state is not obligated to pay the principal or
862-11 interest on the bond; and
862-12 (2) the faith, credit, or taxing power of the state is
862-13 not pledged, given, or loaned to payment of the bond's principal or
862-14 interest. (V.A.C.S. Art. 4413(501), Sec. 3.29(b).)
862-15 (Sections 2306.474 to 2306.490 reserved for expansion)
862-16 SUBCHAPTER W. HOUSING FINANCE DIVISION BONDS:
862-17 MISCELLANEOUS PROVISIONS
862-18 Sec. 2306.491. BONDS NEGOTIABLE INSTRUMENTS.
862-19 Notwithstanding any other statute, a bond and interest coupon
862-20 issued and delivered by the housing finance division is a
862-21 negotiable instrument under the Uniform Commercial Code, except
862-22 that the bond may be registered or subject to registration under
862-23 this chapter. (V.A.C.S. Art. 4413(501), Sec. 3.36.)
862-24 Sec. 2306.492. BONDS INCONTESTABLE. Department bonds are
862-25 incontestable for any reason in a court or other forum after
862-26 approval by the attorney general and registration by the
862-27 comptroller and are valid and binding obligations for all purposes
863-1 under the terms of the bonds. (V.A.C.S. Art. 4413(501), Sec.
863-2 3.34(a).)
863-3 Sec. 2306.493. Signature of Former Officer. If an officer
863-4 whose manual or facsimile signature appears on a bond or whose
863-5 facsimile signature appears on a coupon is not an officer at the
863-6 time the bond is delivered, the signature is valid and sufficient
863-7 for all purposes as if the officer had remained in office until
863-8 delivery. (V.A.C.S. Art. 4413(501), Sec. 3.33.)
863-9 Sec. 2306.494. Bonds Not Taxable. The following are free
863-10 from taxation or assessment by this state or a public agency:
863-11 (1) department bonds issued under this chapter;
863-12 (2) interest and income from department bonds,
863-13 including a profit from the sale of the bonds; and
863-14 (3) all fees, charges, gifts, grants, revenues,
863-15 receipts, and other money received or pledged to pay or secure the
863-16 payment of the department's bonds. (V.A.C.S. Art. 4413(501), Sec.
863-17 3.39.)
863-18 Sec. 2306.495. Authorized Investments. Bonds issued by the
863-19 department under this chapter are legal and authorized investments
863-20 for:
863-21 (1) banks;
863-22 (2) savings banks;
863-23 (3) trust companies;
863-24 (4) savings and loan associations;
863-25 (5) insurance companies;
863-26 (6) fiduciaries;
863-27 (7) trustees;
864-1 (8) guardians; or
864-2 (9) sinking or other public funds of:
864-3 (A) this state;
864-4 (B) a municipality;
864-5 (C) a county;
864-6 (D) a school district; or
864-7 (E) another political subdivision or public
864-8 agency of this state. (V.A.C.S. Art. 4413(501), Sec. 3.40.)
864-9 Sec. 2306.496. SECURITY FOR DEPOSIT OF FUNDS. Department
864-10 bonds are eligible and lawful security for a deposit of public
864-11 funds of the state or a public agency to the extent of the greater
864-12 of the bonds' par or market value when accompanied by appurtenant
864-13 unmatured interest coupons. (V.A.C.S. Art. 4413(501), Sec. 3.41.)
864-14 Sec. 2306.497. MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
864-15 The board may provide procedures for the replacement of a
864-16 mutilated, lost, stolen, or destroyed bond or interest coupon.
864-17 (V.A.C.S. Art. 4413(501), Sec. 3.42.)
864-18 Sec. 2306.498. NO GAIN ALLOWED. (a) The director or a
864-19 board member may not have or attempt to have a pecuniary interest
864-20 in a transaction to which the department is a party for purposes of
864-21 personal pecuniary gain.
864-22 (b) A board member or department employee may not purchase
864-23 department bonds in the open secondary market for municipal
864-24 securities. (V.A.C.S. Art. 4413(501), Sec. 3.43.)
864-25 (Sections 2306.499 to 2306.510 reserved for expansion)
864-26 SUBCHAPTER X. INDIVIDUALS WITH SPECIAL NEEDS
864-27 Sec. 2306.511. DEFINITION. In this subchapter, "individual
865-1 with special needs" means an individual who:
865-2 (1) is considered to be an individual having a
865-3 disability under a state or federal law;
865-4 (2) is elderly;
865-5 (3) is designated by the board as experiencing a
865-6 unique need for decent, safe housing that is not being met
865-7 adequately by private enterprise; or
865-8 (4) is legally responsible for caring for an
865-9 individual described by Subdivision (1), (2), or (3) and meets the
865-10 income guidelines established by the board. (V.A.C.S. Art.
865-11 4413(501), Sec. 1.02(19).)
865-12 Sec. 2306.512. SPECIAL NEEDS. The department may adopt a
865-13 strategy to serve the needs of individuals with special needs.
865-14 (V.A.C.S. Art. 4413(501), Sec. 3.03 (part).)
865-15 Sec. 2306.513. HOUSING FOR INDIVIDUALS WITH SPECIAL NEEDS.
865-16 (a) The board shall adopt rules to achieve occupancy by
865-17 individuals with special needs of at least five percent of the
865-18 units in each multifamily housing development.
865-19 (b) Subsection (a) applies only to a multifamily housing
865-20 development that contains at least 20 units and is financed by
865-21 bonds issued under this chapter.
865-22 (c) If a survey that is conducted by the housing sponsor and
865-23 verified by the housing finance division reveals that there is not
865-24 sufficient need for housing for individuals with special needs in
865-25 the area in which the development will be built or renovated to
865-26 justify building or renovating and reserving at least five percent
865-27 of the units for individuals with special needs, the department
866-1 may, on a showing of good cause by the housing sponsor, lower the
866-2 requirements to correspond to the amount of need found by the
866-3 housing sponsor.
866-4 (d) The housing finance division shall cooperate with the
866-5 Texas Department on Aging to implement this section and shall
866-6 reimburse the department for the costs of:
866-7 (1) assessing the need for housing for individuals
866-8 with special needs in different locations;
866-9 (2) setting standards relating to the design and
866-10 construction of housing for individuals with special needs;
866-11 (3) providing planning assistance to builders; and
866-12 (4) publicizing the availability of the housing
866-13 program to potential developers and residents.
866-14 (e) The department and the Texas Department on Aging shall
866-15 determine a procedure for paying for services provided by the Texas
866-16 Department on Aging. (V.A.C.S. Art. 4413(501), Sec. 3.13.)
866-17 SECTION 2. CONFORMING AMENDMENT. Chapter 121, Civil
866-18 Practice and Remedies Code, is amended by adding Section 121.015 to
866-19 read as follows:
866-20 Sec. 121.015. PRIVATE SEAL OR SCROLL NOT REQUIRED. A
866-21 private seal or scroll may not be required on a written instrument
866-22 other than an instrument made by a corporation. (V.A.C.S. Art. 27
866-23 (part).)
866-24 SECTION 3. CONFORMING AMENDMENT. Title 6, Civil Practice
866-25 and Remedies Code, is amended by adding Chapter 136 to read as
866-26 follows:
866-27 CHAPTER 136. PROOF OF MAILING
867-1 Sec. 136.001. CERTIFIED MAIL. (a) Except as provided by
867-2 Subsection (b), a person may use certified mail with return receipt
867-3 requested in any case in which registered mail is required by law.
867-4 The mailing of a notice of hearing, citation, bid request, or other
867-5 notice, information, or material by certified mail has the same
867-6 legal effect as if sent by registered mail, if the receipt for the
867-7 certified mail is validated with an official post office postmark.
867-8 (b) An article shall be sent by registered mail if
867-9 registered mail is required by law to provide insurance against
867-10 loss of the article. (V.A.C.S. Art. 29c.)
867-11 SECTION 4. CONFORMING AMENDMENT. Subsection (f), Section 7,
867-12 Article 42.18, Code of Criminal Procedure, is amended to read as
867-13 follows:
867-14 (f) The members of the board shall meet at least once in
867-15 each quarter of the calendar year at a site determined by the
867-16 chairman for the purpose of making clemency decisions. <As a
867-17 specific exception to Chapter 271, Acts of the 60th Legislature,
867-18 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
867-19 Statutes), the board, at the call of the chair, may hold a hearing
867-20 on clemency matters by telephone conference call.> The portion of
867-21 a meeting that is public shall be recorded and the recording made
867-22 available to the public to be heard at one or more places
867-23 designated by the board.
867-24 SECTION 5. CONFORMING AMENDMENT. Article 19.14, Code of
867-25 Criminal Procedure, is amended to read as follows:
867-26 Art. 19.14. SUMMONING. The sheriff shall summon the persons
867-27 named in the list at least three days, exclusive of the day of
868-1 service, prior to the day on which the grand jury is to be
868-2 impaneled, by giving personal notice to each juror of the time and
868-3 place when and where he is to attend as a grand juror, or by
868-4 leaving at his place of residence with a member of his family over
868-5 sixteen years old, a written notice to such juror that he has been
868-6 selected as a grand juror, and the time and place when and where he
868-7 is to attend; or the judge, at his election, may direct the sheriff
868-8 to summon the grand jurors by registered or certified mail.
868-9 SECTION 6. AMENDMENT. Chapter 56, Code of Criminal
868-10 Procedure, is amended by designating Sections 56.01 through 56.10
868-11 as "SUBCHAPTER A. CRIME VICTIMS' RIGHTS," and by adding Subchapter
868-12 B to read as follows:
868-13 SUBCHAPTER B. CRIME VICTIMS' COMPENSATION
868-14 Sec. 56.31. SHORT TITLE. This subchapter may be cited as
868-15 the Crime Victims' Compensation Act. (V.A.C.S. Art. 8309-1,
868-16 Sec. 1.)
868-17 Sec. 56.32. DEFINITIONS. In this subchapter:
868-18 (1) "Child" means an individual younger than 17 years
868-19 of age.
868-20 (2) "Claimant" means a victim or an authorized person
868-21 acting on behalf of a victim.
868-22 (3) "Collateral source" means any of the following
868-23 sources of benefits or advantages for pecuniary loss that a victim
868-24 has received or that is readily available to the victim:
868-25 (A) the offender under an order of restitution
868-26 to the claimant imposed by a court as a condition of probation;
868-27 (B) the United States, a federal agency, a state
869-1 or any of its political subdivisions, or an instrumentality of two
869-2 or more states, unless the law providing for the benefits or
869-3 advantages makes them in excess of or secondary to benefits under
869-4 this subchapter;
869-5 (C) social security, Medicare, or Medicaid;
869-6 (D) state-required temporary nonoccupational
869-7 disability insurance;
869-8 (E) workers' compensation;
869-9 (F) an employer's wage continuation program;
869-10 (G) proceeds of an insurance contract payable to
869-11 the victim for loss that the victim sustained because of the
869-12 criminally injurious conduct; or
869-13 (H) a contract providing prepaid hospital and
869-14 other health care services or benefits for disability.
869-15 (4) "Criminally injurious conduct" means conduct that:
869-16 (A) occurs or is attempted;
869-17 (B) poses a substantial threat of personal
869-18 injury or death;
869-19 (C) is punishable by fine, imprisonment, or
869-20 death, or would be punishable by fine, imprisonment, or death if
869-21 the person engaging in the conduct possessed capacity to commit the
869-22 conduct; and
869-23 (D) does not arise out of the ownership,
869-24 maintenance, or use of a motor vehicle, aircraft, or water vehicle,
869-25 unless the conduct is intended to cause personal injury or death in
869-26 violation of Section 38, Uniform Act Regulating Traffic on Highways
869-27 (Article 6701d, Vernon's Texas Civil Statutes), or Article 6701l-1,
870-1 Revised Statutes.
870-2 (5) "Dependent" means:
870-3 (A) a surviving spouse;
870-4 (B) a person who is a dependent, within the
870-5 meaning of Section 152, Internal Revenue Code of 1986 (26 U.S.C.
870-6 Section 152), of a deceased victim; or
870-7 (C) a posthumous child of a deceased victim.
870-8 (6) "Immediate family member" means an individual who:
870-9 (A) is the father, mother, sister, brother,
870-10 daughter, son, or spouse of a victim; and
870-11 (B) resided in the same permanent household as
870-12 the victim at the time that the criminally injurious conduct
870-13 occurred.
870-14 (7) "Intervenor" means an individual who goes to the
870-15 aid of another and is killed or injured in the good faith effort to
870-16 prevent criminally injurious conduct, to apprehend a person
870-17 reasonably suspected of having engaged in criminally injurious
870-18 conduct, or to aid a police officer. The term does not include a
870-19 peace officer, firefighter, lifeguard, or individual whose
870-20 employment includes the duty to protect the public safety acting
870-21 within the course and scope of the individual's employment.
870-22 (8) "Pecuniary loss" means the amount of expense
870-23 reasonably and necessarily incurred:
870-24 (A) as a result of personal injury for:
870-25 (i) medical, hospital, nursing, or
870-26 psychiatric care or counseling, or physical therapy;
870-27 (ii) actual loss of past earnings and
871-1 anticipated loss of future earnings because of a disability
871-2 resulting from the personal injury; and
871-3 (iii) care of a minor child enabling a
871-4 victim or a victim's spouse, but not both of them, to continue
871-5 gainful employment; and
871-6 (B) as a result of death for:
871-7 (i) funeral and burial expenses;
871-8 (ii) loss of support to a dependent; and
871-9 (iii) care of a minor child enabling the
871-10 surviving spouse of a victim to engage in lawful employment.
871-11 (9) "Personal injury" means physical harm to a victim.
871-12 (10) "Victim" means:
871-13 (A) an individual who:
871-14 (i) suffers personal injury or death as a
871-15 result of criminally injurious conduct;
871-16 (ii) at the time of the criminally
871-17 injurious conduct, is in this state; and
871-18 (iii) is a resident of this state, another
871-19 state of the United States, the District of Columbia, the
871-20 Commonwealth of Puerto Rico, or a possession or territory of the
871-21 United States;
871-22 (B) an individual who:
871-23 (i) suffers personal injury or death as a
871-24 result of criminally injurious conduct;
871-25 (ii) at the time of the criminally
871-26 injurious conduct, is in a state that does not have a crime
871-27 victims' compensation program that meets the requirements of
872-1 Section 1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C.
872-2 Section 10602(b));
872-3 (iii) at the time of the criminally
872-4 injurious conduct, is a resident of this state; and
872-5 (iv) would be entitled to compensation
872-6 under this subchapter if the criminally injurious conduct had
872-7 occurred in this state;
872-8 (C) an intervenor;
872-9 (D) a dependent of a deceased victim;
872-10 (E) an immediate family member of a deceased
872-11 victim who is not a dependent of the victim and who requires
872-12 psychiatric care or counseling as a direct result of the criminally
872-13 injurious conduct;
872-14 (F) an individual who:
872-15 (i) is not an immediate family member or a
872-16 dependent, but who resided in the same permanent household as a
872-17 deceased victim in a relationship with the victim within the second
872-18 degree of consanguinity; and
872-19 (ii) requires psychiatric care or
872-20 counseling as a direct result of the criminally injurious conduct;
872-21 (G) in the event of a death, a person who
872-22 legally assumes the obligation or who voluntarily pays the medical
872-23 or burial expenses incurred as a direct result of the criminally
872-24 injurious conduct; or
872-25 (H) an immediate family member of a victim who
872-26 is a child and who requires psychological or psychiatric counseling
872-27 as a direct result of the criminally injurious conduct. (V.A.C.S.
873-1 Art. 8309-1, Sec. 3 (part).)
873-2 Sec. 56.33. ADMINISTRATION; RULES. (a) The attorney
873-3 general shall adopt rules consistent with this subchapter governing
873-4 its administration, including rules relating to the method of
873-5 filing claims and the proof of entitlement to compensation.
873-6 Subchapters A and B, Chapter 2001, Government Code, except Sections
873-7 2001.004(3) and 2001.005, apply to the attorney general.
873-8 (b) The attorney general may designate a power, duty, or
873-9 responsibility given to the attorney general under this subchapter
873-10 to a person in the attorney general's office. (V.A.C.S. Art.
873-11 8309-1, Secs. 3a, 10(a) (part).)
873-12 Sec. 56.34. COMPENSATION. (a) The attorney general shall
873-13 award compensation for pecuniary loss arising from criminally
873-14 injurious conduct if the attorney general is satisfied by a
873-15 preponderance of the evidence that the requirements of this
873-16 subchapter are met.
873-17 (b) The attorney general shall establish whether, as a
873-18 direct result of criminally injurious conduct, a victim suffered
873-19 personal injury or death that resulted in a pecuniary loss for
873-20 which the victim is not compensated from a collateral source.
873-21 (V.A.C.S. Art. 8309-1, Secs. 6(a), (b).)
873-22 Sec. 56.35. TYPES OF ASSISTANCE. If the attorney general
873-23 approves an application for compensation under Section 56.41 of
873-24 this code, the attorney general shall determine what type of state
873-25 assistance will best aid the claimant. The attorney general may do
873-26 one or more of the following:
873-27 (1) authorize cash payment or payments to or on behalf
874-1 of a claimant for pecuniary loss;
874-2 (2) refer a claimant to a state agency for vocational
874-3 or other rehabilitative services; or
874-4 (3) provide counseling services for a victim or
874-5 contract with a private entity to provide counseling services.
874-6 (V.A.C.S. Art. 8309-1, Sec. 7(a).)
874-7 Sec. 56.36. APPLICATION. (a) An applicant for compensation
874-8 under this subchapter must apply in writing in a form that conforms
874-9 substantially to that prescribed by the attorney general.
874-10 (b) An application must be verified and must contain:
874-11 (1) the date on which the criminally injurious conduct
874-12 occurred;
874-13 (2) a description of the nature and circumstances of
874-14 the criminally injurious conduct;
874-15 (3) a complete financial statement, including:
874-16 (A) the cost of medical care or burial expenses
874-17 and the loss of wages or support the claimant has incurred or will
874-18 incur; and
874-19 (B) the extent to which the claimant has been
874-20 indemnified for those expenses from a collateral source;
874-21 (4) if appropriate, a statement indicating the extent
874-22 of a disability resulting from the injury incurred;
874-23 (5) an authorization permitting the attorney general
874-24 to verify the contents of the application; and
874-25 (6) other information the attorney general requires.
874-26 (V.A.C.S. Art. 8309-1, Secs. 4(a), (d).)
874-27 Sec. 56.37. TIME FOR FILING. (a) Except as otherwise
875-1 provided by this section, a claimant must file an application not
875-2 later than the first anniversary of the criminally injurious
875-3 conduct.
875-4 (b) The attorney general may extend the time for filing for
875-5 good cause shown by the claimant.
875-6 (c) Subsection (a) of this section does not apply to a
875-7 claimant if:
875-8 (1) the claimant is a child who is the victim; or
875-9 (2) the claimant is an immediate family member of a
875-10 child who is the victim, and the immediate family member, as the
875-11 direct result of the criminally injurious conduct, requires
875-12 psychological or psychiatric counseling.
875-13 (d) If a claimant presents medically documented evidence of
875-14 a physical incapacity that was incurred by the claimant as a result
875-15 of the criminally injurious conduct and that reasonably prevented
875-16 the claimant from filing the application within the limitations
875-17 period under Subsection (a) of this section, the period of the
875-18 incapacity is not included. (V.A.C.S. Art. 8309-1, Sec. 4(c).)
875-19 Sec. 56.38. REVIEW; VERIFICATION. (a) The attorney general
875-20 shall appoint a clerk to review each application for compensation
875-21 under Section 56.36 of this code to ensure the application is
875-22 complete. If an application is not complete, the clerk shall
875-23 return it to the claimant and give a brief statement showing the
875-24 additional information required. Not later than the 30th day after
875-25 receiving a returned application, a claimant may:
875-26 (1) supply the additional information; or
875-27 (2) appeal the action to the attorney general, who
876-1 shall review the application to determine whether it is complete.
876-2 (b) The attorney general may investigate an application.
876-3 (c) Incident to the attorney general's review, verification,
876-4 and hearing duties under this subchapter, the attorney general may:
876-5 (1) request from prosecuting attorneys and law
876-6 enforcement officers investigations and information to enable the
876-7 attorney general to determine whether and the extent to which a
876-8 claimant qualifies for an award;
876-9 (2) subpoena witnesses and administer oaths to
876-10 determine whether and the extent to which a claimant qualifies for
876-11 an award; and
876-12 (3) order a victim to submit to a mental or physical
876-13 examination by a physician or psychologist or order an autopsy of a
876-14 deceased victim as provided by Section 56.39 of this code, if the
876-15 mental, physical, or emotional condition of a victim is material to
876-16 a claim. (V.A.C.S. Art. 8309-1, Secs. 5(a), (b), (e) (part).)
876-17 Sec. 56.39. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY.
876-18 (a) An order for a mental or physical examination or an autopsy as
876-19 provided by Section 56.38(c)(3) of this code may be made for good
876-20 cause shown on notice to the individual to be examined and to all
876-21 persons who have appeared.
876-22 (b) An order shall:
876-23 (1) specify the time, place, manner, conditions, and
876-24 scope of the examination or autopsy;
876-25 (2) specify the person by whom the examination or
876-26 autopsy is to be made; and
876-27 (3) require the person making the examination or
877-1 autopsy to file with the attorney general a detailed written report
877-2 of the examination or autopsy.
877-3 (c) A report shall set out the findings of the person making
877-4 the examination or autopsy, including:
877-5 (1) the results of any tests made; and
877-6 (2) diagnoses, prognoses, and other conclusions and
877-7 reports of earlier examinations of the same conditions.
877-8 (d) On request of the individual examined, the attorney
877-9 general shall furnish the individual with a copy of the report. If
877-10 the victim is deceased, the attorney general on request shall
877-11 furnish the claimant with a copy of the report.
877-12 (e) A physician or psychologist making an examination or
877-13 autopsy under this section shall be compensated from funds
877-14 appropriated for the administration of this subchapter. (V.A.C.S.
877-15 Art. 8309-1, Secs. 5(e) (part), (f).)
877-16 Sec. 56.40. HEARINGS. (a) The attorney general shall
877-17 determine whether a hearing on an application for compensation
877-18 under this subchapter is necessary.
877-19 (b) If the attorney general determines that a hearing is not
877-20 necessary, the attorney general may approve the application in
877-21 accordance with the provisions of Section 56.41 of this code.
877-22 (c) If the attorney general determines that a hearing is
877-23 necessary or the claimant requests a hearing, the attorney general
877-24 shall consider the application at a hearing at a time and place of
877-25 the attorney general's choosing. The attorney general shall notify
877-26 all interested persons not less than 10 days before the date of the
877-27 hearing.
878-1 (d) At the hearing the attorney general shall:
878-2 (1) review the application for assistance and the
878-3 report prepared under Section 56.39 of this code and any other
878-4 evidence obtained as a result of the attorney general's
878-5 investigation; and
878-6 (2) receive other evidence that the attorney general
878-7 finds necessary or desirable to evaluate the application properly.
878-8 (e) The attorney general may appoint hearing officers to
878-9 conduct hearings or prehearing conferences under this subchapter.
878-10 (f) A hearing or prehearing conference is open to the public
878-11 unless in a particular case the hearing officer or attorney general
878-12 determines that the hearing or prehearing conference or a part of
878-13 it should be held in private because a criminal suspect has not
878-14 been apprehended or because it is in the interest of the claimant.
878-15 (g) The attorney general may suspend the proceedings pending
878-16 disposition of a criminal prosecution that has been commenced or is
878-17 imminent, but may make an emergency award under Section 56.50 of
878-18 this code.
878-19 (h) Subchapters C through H, Chapter 2001, Government Code,
878-20 do not apply to the attorney general or the attorney general's
878-21 orders and decisions. (V.A.C.S. Art. 8309-1, Secs. 5(c), (d);
878-22 10(a) (part), (b)-(d).)
878-23 Sec. 56.41. APPROVAL OF CLAIM. (a) The attorney general
878-24 shall approve an application for compensation under this subchapter
878-25 if the attorney general finds that grounds for compensation under
878-26 this subchapter exist.
878-27 (b) The attorney general shall deny an application for
879-1 compensation under this subchapter if:
879-2 (1) the criminally injurious conduct is not reported
879-3 as provided by Section 56.46 of this code;
879-4 (2) the application is not made in the manner provided
879-5 by Sections 56.36 and 56.37 of this code;
879-6 (3) the victim or individual whose injury or death
879-7 gives rise to the application knowingly and willingly participated
879-8 in the criminally injurious conduct;
879-9 (4) the claimant is the offender or an accomplice of
879-10 the offender;
879-11 (5) an award of compensation to the claimant would
879-12 benefit the offender or an accomplice of the offender; or
879-13 (6) the victim was incarcerated in a penal
879-14 institution, as defined by Section 1.07(26), Penal Code, at the
879-15 time the offense was committed.
879-16 (c) Except as provided by rules adopted by the attorney
879-17 general to prevent the unjust enrichment of an offender, the
879-18 attorney general may not deny an award otherwise payable to a
879-19 victim because the victim:
879-20 (1) is an immediate family member of the offender; or
879-21 (2) resides in the same household as the offender.
879-22 (V.A.C.S. Art. 8309-1, Secs. 6(a)-(c), (e).)
879-23 Sec. 56.42. LIMITS ON COMPENSATION. (a) A claimant is not
879-24 entitled to compensation for pecuniary loss under this subchapter:
879-25 (1) in excess of $200 a week for:
879-26 (A) actual loss of past earnings or anticipated
879-27 loss of future earnings; or
880-1 (B) loss of support to a dependent;
880-2 (2) for actual loss of past earnings or anticipated
880-3 loss of future earnings if the victim is an accomplice of the
880-4 offender;
880-5 (3) for loss of support to a dependent after the date
880-6 the dependence would have ended if the victim had survived;
880-7 (4) for care of a minor child in excess of:
880-8 (A) $50 a week for one child;
880-9 (B) $100 a week for two children; or
880-10 (C) $125 a week for three or more children;
880-11 (5) for loss of support to a dependent or care of a
880-12 minor child as a result of death, if the expense is otherwise
880-13 compensated for as a pecuniary loss for personal injury; or
880-14 (6) for loss attributable to pain and suffering.
880-15 (b) Awards payable to a victim and all other claimants
880-16 sustaining pecuniary loss because of injury or death of that victim
880-17 may not exceed $25,000 in the aggregate. (V.A.C.S. Art. 8309-1,
880-18 Secs. 3 (part), 7(b).)
880-19 Sec. 56.43. ATTORNEY FEES. (a) As part of an order, the
880-20 attorney general shall determine and award reasonable attorney
880-21 fees, commensurate with services rendered, to be paid by the state
880-22 to the attorney representing the claimant.
880-23 (b) Attorney fees may be denied on a finding that the claim
880-24 or appeal is frivolous.
880-25 (c) An award of attorney fees is in addition to an award of
880-26 compensation.
880-27 (d) An attorney may not contract for or receive an amount
881-1 larger than that allowed under this section.
881-2 (e) Attorney fees may not be paid to an attorney of a
881-3 claimant unless an award is made to the claimant. (V.A.C.S. Art.
881-4 8309-1, Sec. 12 (part).)
881-5 Sec. 56.44. PAYMENTS. (a) The attorney general may provide
881-6 for the payment of an award in a lump sum or in installments. The
881-7 attorney general shall provide that the part of an award equal to
881-8 the amount of pecuniary loss accrued to the date of the award be
881-9 paid in a lump sum. Except as provided in Subsection (b) of this
881-10 section, the attorney general shall pay the part of an award for
881-11 allowable expense that accrues after the award is made in
881-12 installments.
881-13 (b) At the request of the claimant, the attorney general may
881-14 provide that an award for future pecuniary loss be paid in a lump
881-15 sum if the attorney general finds that:
881-16 (1) paying the award in a lump sum will promote the
881-17 interests of the claimant; or
881-18 (2) the present value of all future pecuniary loss
881-19 does not exceed $1,000.
881-20 (c) The attorney general may not provide for an award for
881-21 future pecuniary loss payable in installments for a period for
881-22 which the attorney general cannot reasonably determine the future
881-23 pecuniary loss. (V.A.C.S. Art. 8309-1, Secs. 7(c)-(e).)
881-24 Sec. 56.45. DENIAL OR REDUCTION OF AWARD. The attorney
881-25 general may deny or reduce an award otherwise payable:
881-26 (1) if the victim has not substantially cooperated
881-27 with an appropriate law enforcement agency;
882-1 (2) if the victim bears a share of the responsibility
882-2 for the act or omission giving rise to the claim because of the
882-3 victim's behavior at the time of the act or omission; or
882-4 (3) to the extent that pecuniary loss is recouped from
882-5 another person, including a collateral source. (V.A.C.S. Art.
882-6 8309-1, Sec. 6(d).)
882-7 Sec. 56.46. REPORTING OF CRIME. (a) Except as otherwise
882-8 provided by this section, a claimant may not file an application
882-9 unless the victim reports the criminally injurious conduct to the
882-10 appropriate state or local public safety or law enforcement agency
882-11 not later than 72 hours after the criminally injurious conduct is
882-12 committed.
882-13 (b) The attorney general may extend the time for reporting
882-14 the criminally injurious conduct if the attorney general determines
882-15 that the extension is justified by extraordinary circumstances.
882-16 (c) Subsection (a) of this section does not apply if the
882-17 victim is a child. (V.A.C.S. Art. 8309-1, Sec. 4(b).)
882-18 Sec. 56.47. RECONSIDERATION. (a) The attorney general, on
882-19 the attorney general's own motion or on request of a claimant, may
882-20 reconsider:
882-21 (1) a decision to make or deny an award; or
882-22 (2) the amount of an award.
882-23 (b) At least annually, the attorney general shall reconsider
882-24 each award being paid in installments.
882-25 (c) An order on reconsideration may not require refund of
882-26 amounts previously paid unless the award was obtained by fraud.
882-27 (d) The right of reconsideration does not affect the
883-1 finality of an attorney general decision for the purpose of
883-2 judicial review. (V.A.C.S. Art. 8309-1, Secs. 9(a), (b).)
883-3 Sec. 56.48. JUDICIAL REVIEW. (a) Not later than the 20th
883-4 day after the attorney general renders a final decision, a claimant
883-5 may file with the attorney general a notice of dissatisfaction with
883-6 the decision. Not later than the 20th day after the claimant gives
883-7 notice, the claimant shall bring suit in the district court having
883-8 jurisdiction in the county in which:
883-9 (1) the injury or death occurred; or
883-10 (2) the victim resided at the time the injury or death
883-11 occurred.
883-12 (b) While judicial review of a decision by the attorney
883-13 general is pending, the attorney general:
883-14 (1) shall suspend payments to the claimant; and
883-15 (2) may not reconsider the award.
883-16 (c) The court shall determine the issues by trial de novo.
883-17 The burden of proof is on the claimant.
883-18 (d) A court may award additional attorney fees to a claim in
883-19 the event of review.
883-20 (e) In computing a period under this section, if the last
883-21 day is a legal holiday or Sunday, the last day is not counted, and
883-22 the time is extended to include the next business day. (V.A.C.S.
883-23 Art. 8309-1, Secs. 9(c), 12 (part).)
883-24 Sec. 56.49. EXEMPTION; ASSIGNABILITY. (a) An award is not
883-25 subject to execution, attachment, garnishment, or other process,
883-26 except that an award is not exempt from a claim of a creditor to
883-27 the extent that the creditor provided products, services, or
884-1 accommodations, the costs of which are included in the award.
884-2 (b) An assignment or agreement to assign a right to benefits
884-3 for loss accruing in the future is unenforceable except:
884-4 (1) an assignment of a right to benefits for loss of
884-5 earnings is enforceable to secure payment of alimony, maintenance,
884-6 or child support; and
884-7 (2) an assignment of a right to benefits is
884-8 enforceable to the extent that the benefits are for the cost of
884-9 products, services, or accommodations:
884-10 (A) made necessary by the injury or death on
884-11 which the claim is based; and
884-12 (B) provided or to be provided by the assignee.
884-13 (V.A.C.S. Art. 8309-1, Secs. 7(f), (g).)
884-14 Sec. 56.50. EMERGENCY AWARD. (a) The attorney general may
884-15 make an emergency award if, before acting on an application for
884-16 compensation under this subchapter, it appears likely that:
884-17 (1) a final award will be made; and
884-18 (2) the claimant will suffer undue hardship if
884-19 immediate economic relief is not obtained.
884-20 (b) An emergency award may not exceed $1,500.
884-21 (c) The amount of an emergency award shall be:
884-22 (1) deducted from the final award; or
884-23 (2) repaid by and recoverable from the claimant to the
884-24 extent the emergency award exceeds the final award. (V.A.C.S. Art.
884-25 8309-1, Sec. 8.)
884-26 Sec. 56.51. SUBROGATION. If compensation is awarded under
884-27 this subchapter, the state is subrogated to all the claimant's
885-1 rights to receive or recover benefits for pecuniary loss to the
885-2 extent compensation is awarded from a collateral source. (V.A.C.S.
885-3 Art. 8309-1, Sec. 11(a).)
885-4 Sec. 56.52. NOTICE OF PRIVATE ACTION. (a) Before a
885-5 claimant may bring an action to recover damages related to
885-6 criminally injurious conduct for which compensation under this
885-7 subchapter is claimed or awarded, the claimant must give the
885-8 attorney general written notice of the proposed action. After
885-9 receiving the notice, the attorney general shall promptly:
885-10 (1) join in the action as a party plaintiff to recover
885-11 benefits awarded;
885-12 (2) require the claimant to bring the action in the
885-13 claimant's name as a trustee on behalf of the state to recover
885-14 benefits awarded; or
885-15 (3) reserve the attorney general's rights and do
885-16 neither in the proposed action.
885-17 (b) If the claimant brings the action as trustee and
885-18 recovers compensation awarded by the attorney general, the claimant
885-19 may deduct from the benefits recovered on behalf of the state the
885-20 reasonable expenses of the suit, including attorney fees,
885-21 expended in pursuing the recovery for the state. The claimant must
885-22 justify this deduction in writing to the attorney general on a form
885-23 provided by the attorney general. (V.A.C.S. Art. 8309-1, Secs.
885-24 11(b), (c).)
885-25 Sec. 56.53. ANNUAL REPORT. Annually, the attorney general
885-26 shall report to the governor and the legislature on the attorney
885-27 general's activities, including a statistical summary of claims and
886-1 awards made and denied. The reporting period is the state fiscal
886-2 year. The attorney general shall file the report not later than
886-3 the 60th day after the end of the fiscal year. (V.A.C.S. Art.
886-4 8309-1, Sec. 13.)
886-5 Sec. 56.54. FUNDS. (a) The compensation to victims of
886-6 crime fund and the compensation to victims of crime auxiliary fund
886-7 are in the state treasury.
886-8 (b) The compensation to victims of crime fund may be used by
886-9 the attorney general only for the payment of compensation to
886-10 claimants under this subchapter and other expenses in administering
886-11 this subchapter.
886-12 (c) The compensation to victims of crime auxiliary fund may
886-13 be used by the attorney general only for the payment of
886-14 compensation to claimants under this subchapter.
886-15 (d) The attorney general may not make compensation payments
886-16 in excess of the amount of money available from the combined funds.
886-17 (e) General revenues may not be used for payments under this
886-18 subchapter. (V.A.C.S. Art. 8309-1, Sec. 14(a).)
886-19 Sec. 56.55. COURT COSTS. (a) A person shall pay:
886-20 (1) $20 as a court cost on conviction of a felony;
886-21 (2) $15 as a court cost on conviction of a violation
886-22 of a municipal ordinance punishable by a fine of more than $200 or
886-23 on conviction of a misdemeanor punishable by imprisonment or by a
886-24 fine of more than $500; or
886-25 (3) $5 as a court cost on conviction of a violation of
886-26 a municipal ordinance punishable by a fine of not more than $200 or
886-27 on conviction of a misdemeanor punishable by a fine of not more
887-1 than $500, other than a conviction of a misdemeanor offense or a
887-2 violation of a municipal ordinance relating to pedestrians and the
887-3 parking of motor vehicles.
887-4 (b) The court shall assess and make a reasonable effort to
887-5 collect the cost due under this section whether any other court
887-6 cost is assessed or collected.
887-7 (c) In this section, a person is considered to have been
887-8 convicted if:
887-9 (1) a sentence is imposed;
887-10 (2) the defendant receives probation or deferred
887-11 adjudication; or
887-12 (3) the court defers final disposition of the case.
887-13 (d) Court costs under this section are collected in the same
887-14 manner as other fines or costs. (V.A.C.S. Art. 8309-1, Secs.
887-15 14(b), (c).)
887-16 Sec. 56.56. DEPOSIT AND REMITTANCE OF COURT COSTS. (a) The
887-17 officer collecting the costs in a municipal court case shall keep
887-18 separate records of the funds collected as costs under Section
887-19 56.55 of this code and shall deposit the funds in the municipal
887-20 treasury. The officer collecting the costs in a justice, county,
887-21 or district court case shall keep separate records of the funds
887-22 collected as costs under Section 56.55 of this code and shall
887-23 deposit the funds in the county treasury.
887-24 (b) The custodian of a municipal or county treasury shall:
887-25 (1) keep records of the amount of funds on deposit
887-26 collected under Section 56.55 of this code; and
887-27 (2) send to the comptroller before the last day of the
888-1 first month following each calendar quarter the funds collected
888-2 during the preceding quarter.
888-3 (c) A municipality or county may retain 10 percent of the
888-4 funds collected under Section 56.55 of this code as a collection
888-5 fee if the custodian of the treasury:
888-6 (1) keeps records of the amount of funds on deposit
888-7 collected under Section 56.55 of this code; and
888-8 (2) sends to the comptroller the funds within the
888-9 period prescribed by Subsection (b)(2) of this section.
888-10 (d) If no funds due as costs under Section 56.55 of this
888-11 code are collected by a custodian of a municipal or county treasury
888-12 in a quarter, the custodian shall file the report required for the
888-13 quarter in the regular manner and must state that no funds were
888-14 collected. (V.A.C.S. Art. 8309-1, Secs. 14(d), (e).)
888-15 Sec. 56.57. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
888-16 comptroller shall deposit the funds received under Section 56.56 of
888-17 this code in the compensation to victims of crime fund.
888-18 (b) Funds collected are subject to audit by the comptroller.
888-19 Funds spent are subject to audit by the state auditor. (V.A.C.S.
888-20 Art. 8309-1, Sec. 14(f).)
888-21 Sec. 56.58. ADJUSTMENT OF AWARDS AND PAYMENTS. The attorney
888-22 general shall establish a policy to adjust awards and payments so
888-23 that the total amount of awards granted in each calendar year does
888-24 not exceed the amount of money credited to the fund during that
888-25 year. (V.A.C.S. Art. 8309-1, Sec. 14(g).)
888-26 Sec. 56.59. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
888-27 COSTS; FAILURE TO COMPLY. (a) If the attorney general has reason
889-1 to believe that a court has not been assessing costs due under
889-2 Section 56.55 of this code or has not been making a reasonable
889-3 effort to collect those costs, the attorney general shall send a
889-4 warning letter to the court or the governing body of the
889-5 governmental unit in which the court is located.
889-6 (b) Within 60 days after receipt of a warning letter, the
889-7 court or governing body shall respond in writing to the attorney
889-8 general, specifically referring to the charges in the warning
889-9 letter.
889-10 (c) If the court or governing body does not respond or if
889-11 the attorney general considers the response inadequate, the
889-12 attorney general may request the comptroller to audit the records
889-13 of:
889-14 (1) the court;
889-15 (2) the officer charged with collecting the costs; or
889-16 (3) the treasury of the governmental unit in which the
889-17 court is located.
889-18 (d) The comptroller shall give the attorney general the
889-19 results of the audit.
889-20 (e) If, using the results of the audit and other evidence
889-21 available, the attorney general finds that a court is not assessing
889-22 costs due under Section 56.55 of this code or is not making a
889-23 reasonable effort to collect those costs, the attorney general may:
889-24 (1) refuse to award compensation under this subchapter
889-25 to residents of the jurisdiction served by the court; or
889-26 (2) notify the State Commission on Judicial Conduct of
889-27 the findings.
890-1 (f) The failure, refusal, or neglect of a judicial officer
890-2 to comply with a requirement of Section 56.55 of this code:
890-3 (1) constitutes official misconduct; and
890-4 (2) is grounds for removal from office. (V.A.C.S.
890-5 Art. 8309-1, Sec. 14(h).)
890-6 Sec. 56.60. PUBLIC NOTICE. (a) A hospital licensed under
890-7 the laws of this state shall display prominently in its emergency
890-8 room posters giving notification of the existence and general
890-9 provisions of this subchapter. The attorney general shall set
890-10 standards for the location of the display and shall provide
890-11 posters, application forms, and general information regarding this
890-12 subchapter to each hospital and physician licensed to practice in
890-13 this state.
890-14 (b) Each local law enforcement agency shall inform a victim
890-15 of criminally injurious conduct of the provisions of this
890-16 subchapter and provide application forms to a victim who desires
890-17 assistance. The attorney general shall provide application forms
890-18 and all other documents that local law enforcement agencies may
890-19 require to comply with this section. The attorney general shall
890-20 set standards to be followed by local law enforcement agencies for
890-21 this purpose and may require them to file with the attorney general
890-22 a description of the procedures adopted by each agency to comply.
890-23 (V.A.C.S. Art. 8309-1, Secs. 10(e), (f).)
890-24 Sec. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS
890-25 CONDUCT PROHIBITED. The attorney general may not award
890-26 compensation for economic loss arising from criminally injurious
890-27 conduct that occurred before January 1, 1980. (V.A.C.S. Art.
891-1 8309-1, Sec. 15 (part).)
891-2 SECTION 7. CONFORMING AMENDMENT. Subchapter Z, Chapter 21,
891-3 Education Code, is amended by adding Section 21.938 to read as
891-4 follows:
891-5 Sec. 21.938. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
891-6 HEARING. (a) A school board shall publish notice before a public
891-7 hearing relating to a budget in a daily, weekly, or biweekly
891-8 newspaper published in the district. If no daily, weekly, or
891-9 biweekly newspaper is published in the district, the board shall
891-10 publish notice in at least one newspaper of general circulation in
891-11 the county in which the board is located.
891-12 (b) Notice published under this section is in addition to
891-13 notice required by other law. Notice under this section shall be
891-14 published not earlier than the 30th or later than the 10th day
891-15 before the date of the hearing.
891-16 (c) This section does not apply to a school board required
891-17 by other law to give notice by publication of a hearing on a
891-18 budget. (V.A.C.S. Art. 29e (part).)
891-19 SECTION 8. AMENDMENT. Subtitle H, Title 3, Education Code,
891-20 is amended by adding Chapter 149 to read as follows:
891-21 CHAPTER 149. GEO-TECHNOLOGY RESEARCH INSTITUTE
891-22 Sec. 149.001. DEFINITIONS
891-23 Sec. 149.002. GEO-TECHNOLOGY RESEARCH INSTITUTE
891-24 Sec. 149.003. ADMINISTRATION
891-25 Sec. 149.004. DUTIES
891-26 Sec. 149.005. FUNDS
891-27 CHAPTER 149. GEO-TECHNOLOGY RESEARCH INSTITUTE
892-1 Sec. 149.001. DEFINITIONS. In this chapter:
892-2 (1) "Center" means the Houston Advanced Research
892-3 Center.
892-4 (2) "Institute" means the Geo-Technology Research
892-5 Institute. (V.A.C.S. Art. 6049h, Sec. 2.)
892-6 Sec. 149.002. GEO-TECHNOLOGY RESEARCH INSTITUTE. The
892-7 Geo-Technology Research Institute is located at the center, a
892-8 research consortium. (V.A.C.S. Art. 6049h, Sec. 3 (part).)
892-9 Sec. 149.003. ADMINISTRATION. The board of directors of the
892-10 center directs the administration of the institute. (V.A.C.S. Art.
892-11 6049h, Sec. 4.)
892-12 Sec. 149.004. DUTIES. (a) The institute shall conduct
892-13 basic and applied research in geophysics, geo-technology, and
892-14 related fields to discover new reserves and to develop technology
892-15 that increases the production potential of oil and natural gas.
892-16 (b) Results of the research of the institute shall be made
892-17 available to the General Land Office, the Railroad Commission of
892-18 Texas, other public bodies and officials, and private groups.
892-19 (V.A.C.S. Art. 6049h, Secs. 3 (part), 5.)
892-20 Sec. 149.005. FUNDS. (a) The institute may receive:
892-21 (1) funds from the federal government or the state
892-22 government; and
892-23 (2) pledges or gifts from private sources.
892-24 (b) The board of directors of the center shall manage and
892-25 approve disbursement of all funds, pledges, and gifts.
892-26 (c) The use of state funds is limited to expenditures for
892-27 basic and applied research, excluding costs for construction,
893-1 operation, or maintenance of facilities. (V.A.C.S. Art. 6049h,
893-2 Sec. 6.)
893-3 SECTION 9. AMENDMENT. Subchapter A, Chapter 27, Government
893-4 Code, is amended by adding Section 27.006 to read as follows:
893-5 Sec. 27.006. COLLECTING DEBT FOR ANOTHER; OFFENSE. (a) A
893-6 justice commits an offense if the justice:
893-7 (1) accepts for collection or undertakes the
893-8 collection of a claim for a debt for another, unless the justice
893-9 acts under a law that prescribes the duties of the justice; or
893-10 (2) accepts compensation not prescribed by law for
893-11 accepting for collection or undertaking the collection of a claim
893-12 for debt for another.
893-13 (b) An offense under Subsection (a) is a misdemeanor
893-14 punishable by a fine of not less than $200 or more than $500.
893-15 (c) In addition to the fine, the justice may be removed from
893-16 office.
893-17 (d) This section does not prohibit a justice who is
893-18 authorized by law to act for others in the collection of debts from
893-19 undertaking to collect a debt for another if the amount of the debt
893-20 is beyond the jurisdiction of the justice court. (V.A.C.S. Art.
893-21 6252-24 (part).)
893-22 SECTION 10. CONFORMING AMENDMENT. Subchapter G, Chapter 51,
893-23 Government Code, is amended by adding Section 51.606 to read as
893-24 follows:
893-25 Sec. 51.606. PROHIBITED FEES. A clerk is not entitled to a
893-26 fee for:
893-27 (1) the examination of a paper or record in the
894-1 clerk's office;
894-2 (2) filing any process or document the clerk issues
894-3 that is returned to court;
894-4 (3) a motion or judgment on a motion for security for
894-5 costs; or
894-6 (4) taking or approving a bond for costs. (V.A.C.S.
894-7 Art. 3904 (part).)
894-8 SECTION 11. CONFORMING AMENDMENT. Subchapter B, Chapter
894-9 312, Government Code, is amended by adding Section 312.015 to read
894-10 as follows:
894-11 Sec. 312.015. QUORUM. A majority of a board or commission
894-12 established under law is a quorum unless otherwise specifically
894-13 provided. (V.A.C.S. Art. 14.)
894-14 SECTION 12. CONFORMING AMENDMENT. Subchapter B, Chapter
894-15 312, Government Code, is amended by adding Section 312.016 to read
894-16 as follows:
894-17 Sec. 312.016. STANDARD TIME. (a) The standard time in this
894-18 state is the time at the 90th meridian longitude west from
894-19 Greenwich, commonly known as "central standard time."
894-20 (b) The standard time in a region of this state that used
894-21 mountain standard time before June 12, 1947, is the time at the
894-22 105th meridian longitude west from Greenwich, commonly known as
894-23 "mountain standard time."
894-24 (c) Unless otherwise expressly provided, a reference in a
894-25 statute, order, or rule to the time in which an act shall be
894-26 performed means the appropriate standard time as provided by this
894-27 section. (V.A.C.S. Art. 23a.)
895-1 SECTION 13. CONFORMING AMENDMENT. Subchapter C, Chapter
895-2 316, Government Code, is amended by adding Sections 316.023 and
895-3 316.024 to read as follows:
895-4 Sec. 316.023. AUTHORIZATION TO FIND FACT. The governor may
895-5 find any fact specified by the legislature in an appropriation Act
895-6 as a contingency for the expenditure of a designated item of
895-7 appropriation. (V.A.C.S. Art. 689a-4b, Sec. 1.)
895-8 Sec. 316.024. PROCEDURE FOR FINDING FACT. (a) The governor
895-9 shall make a finding of fact under Section 316.023 from the
895-10 evidence as it exists at the time of the determination.
895-11 (b) The governor shall make a finding of fact under Section
895-12 316.023 only after a public hearing, if such a hearing is required
895-13 in an appropriation Act.
895-14 (c) The governor shall file a decision, together with a
895-15 finding of fact made under Section 316.023, with the Legislative
895-16 Budget Board and the comptroller.
895-17 (d) The governor's certificate, under the seal of office,
895-18 stating the decision or finding is evidence of the decision or
895-19 finding.
895-20 (e) A decision or finding under Section 316.023 is final,
895-21 subject to judicial review by appropriate legal remedies.
895-22 (V.A.C.S. Art. 689a-4b, Sec. 2.)
895-23 SECTION 14. CONFORMING AMENDMENT. Chapter 316, Government
895-24 Code, is amended by adding Subchapter G to read as follows:
895-25 SUBCHAPTER G. FISCAL YEAR
895-26 Sec. 316.071. FISCAL YEAR; APPROPRIATIONS. (a) The state
895-27 fiscal year ends on August 31 of each year.
896-1 (b) Appropriations of state government shall conform to this
896-2 fiscal year. (V.A.C.S. Art. 12 (part).)
896-3 Sec. 316.072. REPORTS; CLOSURE OF ACCOUNTS. (a) All
896-4 officers required by law to report annually or biennially to the
896-5 legislature or governor shall close their accounts at the end of
896-6 the fiscal year.
896-7 (b) As soon as practicable after the end of the fiscal year,
896-8 the officers shall prepare and compile their respective reports.
896-9 (V.A.C.S. Art. 12 (part).)
896-10 SECTION 15. AMENDMENT. Chapter 401, Government Code, is
896-11 amended by adding Subchapters C, D, and E to read as follows:
896-12 SUBCHAPTER C. GOVERNOR'S BUDGET
896-13 Sec. 401.041. CHIEF BUDGET OFFICER. The governor is the
896-14 chief budget officer of the state. (V.A.C.S. Art. 689a-1.)
896-15 Sec. 401.042. UNIFORM BUDGET ESTIMATE FORMS. (a) The
896-16 governor may collaborate with the Legislative Budget Board in
896-17 designing and preparing uniform budget estimate forms on which all
896-18 requests for legislative appropriations must be prepared.
896-19 (b) The governor shall require that all appropriation
896-20 requests be submitted to the governor on the forms. (V.A.C.S.
896-21 Art. 689a-2.)
896-22 Sec. 401.043. BUDGET HEARINGS. (a) After receiving the
896-23 appropriation requests, the governor shall hold one or more public
896-24 hearings concerning the requests. The governor shall preside at
896-25 each hearing, except that the governor may authorize any employee
896-26 of the executive branch to preside and represent the governor in
896-27 the governor's absence.
897-1 (b) The head of a state agency that is seeking
897-2 appropriations is entitled to speak at a hearing under this section
897-3 at which the appropriation request is considered. The governor may
897-4 require the head or any employee of a state agency seeking
897-5 appropriations to appear at the hearing and present information
897-6 about the appropriations. A taxpayer is entitled to participate in
897-7 the discussion at a hearing under this section of any item proposed
897-8 to be included in the budget under consideration.
897-9 (c) In this section, "state agency" means a board,
897-10 commission, department, or other agency in the executive or
897-11 judicial branch of state government. (V.A.C.S. Art. 689a-4; New.)
897-12 Sec. 401.044. COOPERATION WITH LEGISLATIVE BUDGET BOARD.
897-13 (a) The governor and the Legislative Budget Board may cooperate,
897-14 exchange information, and hold joint public hearings on the
897-15 biennial appropriation budget.
897-16 (b) At a joint hearing under this section, the governor
897-17 shall preside or, if the governor is unable to preside:
897-18 (1) the lieutenant governor shall preside; or
897-19 (2) a person appointed by the governor and the
897-20 lieutenant governor shall preside. (V.A.C.S. Art. 689a-4a.)
897-21 Sec. 401.045. LEGISLATIVE EXPENSES. The governor may not
897-22 include in the governor's budget or appropriation bill any
897-23 appropriation for per diem or mileage expenses of members of the
897-24 legislature or for necessary expenses of the legislature.
897-25 (V.A.C.S. Art. 689a-8.)
897-26 Sec. 401.046. DISTRIBUTION OF BUDGET. (a) The governor
897-27 shall deliver a copy of the governor's budget to each member of the
898-1 legislature not later than the sixth day of each regular
898-2 legislative session.
898-3 (b) The governor shall have as many copies of the budget
898-4 printed for public distribution as the governor considers
898-5 necessary. (V.A.C.S. Art. 689a-6.)
898-6 Sec. 401.047. PENALTY. A person who refuses to comply with
898-7 a provision of this subchapter other than Section 401.044 commits
898-8 an offense. An offense under this section is punishable by a fine
898-9 of not less than $100 or more than $1,000, confinement in county
898-10 jail for not less than one month or more than one year, or both
898-11 fine and confinement. (V.A.C.S. Art. 689a-21.)
898-12 Sec. 401.048. ANNUAL BUDGETS. A reference in this
898-13 subchapter or in Chapter 322 to a biennial budget or a regular
898-14 legislative session means an annual budget or an annual budget
898-15 session if a constitutional amendment is adopted providing for
898-16 annual budget sessions of the legislature. (V.A.C.S. Art.
898-17 689a-8a.)
898-18 (Sections 401.049 to 401.060 reserved for expansion
898-19 SUBCHAPTER D. GOVERNOR'S EMERGENCY APPROPRIATIONS
898-20 Sec. 401.061. APPROPRIATIONS FOR EMERGENCY. The legislature
898-21 may appropriate money to the governor to be used only:
898-22 (1) in an emergency, including an imperative public
898-23 necessity;
898-24 (2) for the executive branch of state government;
898-25 (3) if other money is not available, because
898-26 previously appropriated money has been spent or obligated; and
898-27 (4) for purposes for which specific other
899-1 appropriations previously have been made. (V.A.C.S. Art. 689a-4c,
899-2 Secs. 1 (part), 2 (part), 4 (part).)
899-3 Sec. 401.062. CERTIFICATION OF EMERGENCY. (a) The governor
899-4 may determine that an emergency exists requiring the use of
899-5 appropriations made under Section 401.061.
899-6 (b) A governor who makes a determination under this section
899-7 shall certify to the comptroller the facts constituting the
899-8 emergency and the reasons why the facts constitute an emergency.
899-9 (c) The defense of the nation and this state and the safety
899-10 and economic prosperity of the people of this state require the
899-11 governor, in making a determination to use or authorize the use of
899-12 an appropriation made under Section 401.061, to give preference to
899-13 impacted regions of significant new naval military facilities, as
899-14 those terms are defined by Section 4, Article 1, National Defense
899-15 Impacted Region Assistance Act of 1985 (Article 689a-4d, Vernon's
899-16 Texas Civil Statutes). (V.A.C.S. Art. 689a-4c, Sec. 2 (part).)
899-17 Sec. 401.063. DETERMINATION OF AVAILABILITY OF MONEY.
899-18 (a) After receiving a certification under Section 401.062, the
899-19 comptroller shall determine whether money other than emergency
899-20 appropriations is available for purposes of the emergency. The
899-21 comptroller may obtain from any other agency whatever assistance
899-22 the comptroller considers necessary for this purpose.
899-23 (b) The comptroller shall endorse on the governor's
899-24 certification the availability or unavailability of other money,
899-25 stating the source and amounts of available money, if any.
899-26 (c) The comptroller must return the governor's certification
899-27 to the governor's office not later than the second working day
900-1 after the date the comptroller receives the certification.
900-2 (V.A.C.S. Art. 689a-4c, Secs. 1 (part), 2 (part).)
900-3 Sec. 401.064. FILING OF CERTIFICATION. The governor shall
900-4 file with the secretary of state and the Legislative Budget Board a
900-5 copy of the governor's original certification and the returned
900-6 certification containing the comptroller's endorsement. (V.A.C.S.
900-7 Art. 689a-4c, Sec. 2 (part).)
900-8 Sec. 401.065. EXPENDITURE FOR EMERGENCY. (a) The governor
900-9 may spend appropriations made under Section 401.061 for the purpose
900-10 of a certified emergency, but only after:
900-11 (1) the certification is endorsed by the comptroller
900-12 showing that money other than emergency appropriations is not
900-13 available for purposes of the emergency; and
900-14 (2) the governor receives the certification from the
900-15 comptroller.
900-16 (b) The comptroller shall draw and the state treasurer shall
900-17 pay the necessary warrants for the emergency.
900-18 (c) The governor by interagency contract may authorize an
900-19 agency of the executive branch of state government to administer
900-20 emergency appropriations approved under this subchapter. A
900-21 contract made under this subsection is exempt from Chapter 771.
900-22 (V.A.C.S. Art. 689a-4c, Secs. 2 (part), 3, 4 (part).)
900-23 (Sections 401.066 to 401.080 reserved for expansion
900-24 SUBCHAPTER E. SUCCESSION OF GOVERNOR-ELECT
900-25 AND LIEUTENANT GOVERNOR-ELECT
900-26 Sec. 401.081. SUCCESSION OF GOVERNOR-ELECT AND LIEUTENANT
900-27 GOVERNOR-ELECT. The speaker of the house of representatives and
901-1 the president pro tem of the senate shall call a joint session of
901-2 the house of representatives and the senate for the purpose of
901-3 electing a governor and a lieutenant governor if:
901-4 (1) the governor-elect and the lieutenant
901-5 governor-elect die or are permanently incapacitated to take their
901-6 oaths of office at the time the legislature canvasses the election
901-7 returns for governor and lieutenant governor; and
901-8 (2) the legislature finds that the governor-elect and
901-9 the lieutenant governor-elect are not able to take the oath of
901-10 office and to fulfill the duties of office.
901-11 Sec. 401.082. TERM OF SERVICE AS GOVERNOR. The individual
901-12 who receives the highest number of votes cast by the members of the
901-13 legislature for governor shall hold that office until the next
901-14 general election.
901-15 Sec. 401.083. TERM OF SERVICE AS LIEUTENANT GOVERNOR. The
901-16 individual who receives the highest number of votes cast by members
901-17 of the legislature for lieutenant governor shall hold that office
901-18 until the next general election. (V.A.C.S. Art. 6252-9aa.)
901-19 SECTION 16. CONFORMING AMENDMENT. Subsection (d), Section
901-20 403.013, Government Code, is amended to read as follows:
901-21 (d) The report under Subsection (c) shall be compiled from
901-22 the financial information requested by the comptroller under
901-23 Subchapter B, Chapter 2101 <Article 4345a, Revised Statutes>, until
901-24 it can be prepared from information contained in a fully
901-25 operational uniform automated statewide accounting and reporting
901-26 system.
901-27 SECTION 17. CONFORMING AMENDMENT. Subchapter B, Chapter
902-1 403, Government Code, is amended by adding Section 403.022 to read
902-2 as follows:
902-3 Sec. 403.022. REVIEW OF STATE AGENCIES. (a) The
902-4 comptroller periodically may review and analyze the effectiveness
902-5 and efficiency of the policies, management, fiscal affairs, and
902-6 operations of state agencies.
902-7 (b) The comptroller shall report the findings of the review
902-8 and analysis to the governor, lieutenant governor, and speaker of
902-9 the house of representatives.
902-10 (c) The legislature may consider the comptroller's reports
902-11 in connection with the legislative appropriations process.
902-12 (V.A.C.S. Art. 6252-31, Sec. 7, as added Acts 72nd Leg., R.S., Ch.
902-13 384.)
902-14 SECTION 18. CONFORMING AMENDMENT. Subchapter B, Chapter
902-15 403, Government Code, is amended by adding Section 403.0121 to read
902-16 as follows:
902-17 Sec. 403.0121. ACCEPTANCE OF FEDERAL MONEY. The comptroller
902-18 shall execute instruments necessary to accept money, gifts, or
902-19 assets authorized by federal statute to be paid to the state in
902-20 lieu of taxes or as a gift by the Secretary of Housing and Urban
902-21 Development or any federal agency. The comptroller shall deposit
902-22 funds received under this section in the general revenue fund.
902-23 (V.A.C.S. Art. 5248f, Secs. 1, 2.)
902-24 SECTION 19. CONFORMING AMENDMENT. Subchapter C, Chapter
902-25 404, Government Code, is amended by adding Section 404.0211 to read
902-26 as follows:
902-27 Sec. 404.0211. CONFLICT OF INTEREST. A bank is not
903-1 disqualified from serving as a depository for funds of a state
903-2 agency if:
903-3 (1) an officer or employee of the agency who does not
903-4 have the duty to select the agency's depository is an officer,
903-5 director, or shareholder of the bank; or
903-6 (2) one or more officers or employees of the agency
903-7 who have the duty to select the agency's depository are officers or
903-8 directors of the bank or own or have a beneficial interest,
903-9 individually or collectively, in 10 percent or less of the
903-10 outstanding capital stock of the bank, if:
903-11 (A) a majority of the members of the board,
903-12 commission, or other body of the agency vote to select the bank as
903-13 a depository; and
903-14 (B) the interested officer or employee does not
903-15 vote or take part in the proceedings. (V.A.C.S. Art. 2529c, Sec. 2
903-16 (part).)
903-17 SECTION 20. CONFORMING AMENDMENT. Subchapter F, Chapter
903-18 431, Government Code, is amended by adding Section 431.085 to read
903-19 as follows:
903-20 Sec. 431.085. EMPLOYEES IN NATIONAL GUARD; EMERGENCY LEAVE.
903-21 A state employee called to active duty as a member of the National
903-22 Guard by the governor is entitled to receive emergency leave
903-23 without loss of military or annual leave. (V.A.C.S. Art. 6252-4b.)
903-24 SECTION 21. CONFORMING AMENDMENT. If Chapter 779, Acts of
903-25 the 72nd Legislature, Regular Session, 1991, does not take effect
903-26 as provided by Section 2 of that Act, Subsections (a) and (c),
903-27 Section 659.012, Government Code, as added by this Act, are amended
904-1 to read as follows:
904-2 (a) A justice of a court of appeals other than the chief
904-3 justice is entitled to an annual salary from the state that is 10
904-4 <five> percent less than the salary provided by the General
904-5 Appropriations Act for a justice of the supreme court. The
904-6 combined salary of a justice of a court of appeals other than the
904-7 chief justice from all state and county sources may not exceed the
904-8 amount that is $1,000 less than the salary provided for a justice
904-9 of the supreme court.
904-10 (c) A judge of a district court is entitled to an annual
904-11 salary from the state that is five <10> percent less than the
904-12 salary provided in the General Appropriations Act for a justice of
904-13 a court of appeals <the supreme court>. Unless otherwise provided
904-14 by law, the combined salary of a district judge from state and
904-15 county sources may not exceed the amount that is $2,000 less than
904-16 the salary provided for a justice of the supreme court. To the
904-17 extent of any conflict, the salary differential provided by this
904-18 section for the combined salary of a district judge prevails over
904-19 any differential set by Chapter 32.
904-20 SECTION 22. CONFORMING AMENDMENT. Subchapter A, Chapter 51,
904-21 Local Government Code, is amended by adding Section 51.002 to read
904-22 as follows:
904-23 Sec. 51.002. FAIR HOUSING ORDINANCES. (a) The governing
904-24 body of a municipality may adopt fair housing ordinances that
904-25 provide fair housing rights, compliance duties, and remedies that
904-26 are substantially equivalent to those granted under federal law.
904-27 Enforcement procedures and remedies in fair housing ordinances may
905-1 vary from state or federal fair housing law.
905-2 (b) Fair housing ordinances that were in existence on
905-3 January 1, 1991, and are more restrictive than federal fair housing
905-4 law shall remain in effect. (V.A.C.S. Art. 1f, Sec. 2.08(a).)
905-5 SECTION 23. CONFORMING AMENDMENT. Subtitle B, Title 3,
905-6 Local Government Code, is amended by adding Chapter 88 to read as
905-7 follows:
905-8 CHAPTER 88. OFFICIAL BONDS OF CERTAIN COUNTY OFFICERS
905-9 Sec. 88.001. CERTAIN BONDS PAYABLE TO COUNTY JUDGE; CUSTODY
905-10 OF BONDS. The official bond of a county officer that is required
905-11 by law to be approved by the commissioners court must, except as
905-12 required by other law, be made payable to the county judge and kept
905-13 and recorded by the county clerk. (V.A.C.S. Art. 6000.)
905-14 Sec. 88.002. APPLICATION OF SURETY TO TERMINATE LIABILITY ON
905-15 BOND. A surety on the official bond of a county officer may apply
905-16 to the commissioners court to be relieved from the bond. (V.A.C.S.
905-17 Art. 6001 (part).)
905-18 Sec. 88.003. NOTICE TO OFFICER OF SURETY'S APPLICATION.
905-19 (a) The county clerk shall issue to the officer giving the bond a
905-20 notice and a copy of a surety's application to be relieved from a
905-21 bond.
905-22 (b) The sheriff or a constable of the county shall serve the
905-23 notice and a copy of the application under this section on the
905-24 officer. (V.A.C.S. Art. 6001 (part).)
905-25 Sec. 88.004. OFFICER TO STOP EXERCISING FUNCTIONS OF OFFICE.
905-26 On service of notice under Section 88.003, an officer shall stop
905-27 exercising the functions of the officer's office, except that:
906-1 (1) the officer shall preserve records and property in
906-2 the officer's charge; and
906-3 (2) if the officer is a sheriff or constable, the
906-4 officer shall:
906-5 (A) keep prisoners;
906-6 (B) preserve the peace; and
906-7 (C) execute warrants of arrest. (V.A.C.S. Art.
906-8 6001 (part).)
906-9 Sec. 88.005. OFFICER WHO FAILS TO GIVE NEW BOND VACATES
906-10 OFFICE. An officer who does not give a new bond before the 21st
906-11 day after the date the officer receives notice under Section 88.003
906-12 vacates the officer's office. (V.A.C.S. Art. 6001 (part).)
906-13 Sec. 88.006. NEW BOND; DISCHARGE OF FORMER SURETIES. If an
906-14 officer served notice under Section 88.003 gives a new bond and the
906-15 bond is approved, the former sureties are discharged from liability
906-16 for misconduct of the officer after the approval of the new bond.
906-17 (V.A.C.S. Art. 6001 (part).)
906-18 Sec. 88.007. NEW BOND REQUIRED BY COMMISSIONERS COURT.
906-19 (a) A commissioners court that finds that a county officer's bond
906-20 approved by the court is insufficient for any reason shall:
906-21 (1) require the officer to give a new bond or
906-22 additional security; and
906-23 (2) have the officer cited to appear at a term of the
906-24 court not earlier than the sixth day after the date of service and
906-25 take any action the court considers best for the public interest.
906-26 (b) Action taken by the commissioners court under this
906-27 section is final and may not be appealed. (V.A.C.S. Art. 6002.)
907-1 SECTION 24. CONFORMING AMENDMENT. Chapter 102, Local
907-2 Government Code, is amended by adding Section 102.0065 to read as
907-3 follows:
907-4 Sec. 102.0065. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
907-5 HEARING. (a) The governing body of a municipality shall publish
907-6 notice before a public hearing relating to a budget in at least one
907-7 newspaper of general circulation in the county in which the
907-8 municipality is located.
907-9 (b) Notice published under this section is in addition to
907-10 notice required by other law. Notice under this section shall be
907-11 published not earlier than the 30th or later than the 10th day
907-12 before the date of the hearing.
907-13 (c) This section does not apply to the governing body of a
907-14 municipality required by other law to give notice by publication of
907-15 a hearing on a budget. (V.A.C.S. Art. 29e (part).)
907-16 SECTION 25. CONFORMING AMENDMENT. Subsection (c), Section
907-17 105.014, Local Government Code, is amended to read as follows:
907-18 (c) The conflict of interests provisions of Section 131.903
907-19 <Chapter 179, Acts of the 60th Legislature, Regular Session, 1967
907-20 (Article 2529c, Vernon's Texas Civil Statutes),> apply to the
907-21 selection of the depositories.
907-22 SECTION 26. CONFORMING AMENDMENT. Subchapter A, Chapter
907-23 111, Local Government Code, is amended by adding Section 111.0075
907-24 to read as follows:
907-25 Sec. 111.0075. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
907-26 HEARING. (a) A commissioners court shall publish notice before a
907-27 public hearing relating to a budget in at least one newspaper of
908-1 general circulation in the county.
908-2 (b) Notice published under this section is in addition to
908-3 notice required by other law. Notice under this section shall be
908-4 published not earlier than the 30th or later than the 10th day
908-5 before the date of the hearing.
908-6 (c) This section does not apply to a commissioners court
908-7 required by other law to give notice by publication of a hearing on
908-8 a budget. (V.A.C.S. Art. 29e (part).)
908-9 SECTION 27. CONFORMING AMENDMENT. Subchapter B, Chapter
908-10 111, Local Government Code, is amended by adding Section 111.0385
908-11 to read as follows:
908-12 Sec. 111.0385. SPECIAL NOTICE BY PUBLICATION FOR BUDGET
908-13 HEARING. (a) A commissioners court shall publish notice before a
908-14 public hearing relating to a budget in at least one newspaper of
908-15 general circulation in the county.
908-16 (b) Notice published under this section is in addition to
908-17 notice required by other law. Notice under this section shall be
908-18 published not earlier than the 30th or later than the 10th day
908-19 before the date of the hearing.
908-20 (c) This section does not apply to a commissioners court
908-21 required by other law to give notice by publication of a hearing on
908-22 a budget. (V.A.C.S. Art. 29e (part).)
908-23 SECTION 28. CONFORMING AMENDMENT. Subchapter C, Chapter
908-24 111, Local Government Code, is amended by adding Section 111.0675
908-25 to read as follows:
908-26 Sec. 111.0675. COMMISSIONERS COURT: SPECIAL NOTICE BY
908-27 PUBLICATION FOR BUDGET HEARING. (a) A commissioners court shall
909-1 publish notice before a public hearing relating to a budget in at
909-2 least one newspaper of general circulation in the county.
909-3 (b) Notice published under this section is in addition to
909-4 notice required by other law. Notice under this section shall be
909-5 published not earlier than the 30th or later than the 10th day
909-6 before the date of the hearing.
909-7 (c) This section does not apply to a commissioners court
909-8 required by other law to give notice by publication of a hearing on
909-9 a budget. (V.A.C.S. Art. 29e (part).)
909-10 SECTION 29. CONFORMING AMENDMENT. Subsection (d), Section
909-11 116.024, Local Government Code, is amended to read as follows:
909-12 (d) The conflict of interests provisions of Section 131.903
909-13 <Chapter 179, Acts of the 60th Legislature, Regular Session, 1967
909-14 (Article 2529c, Vernon's Texas Civil Statutes),> apply to the
909-15 selection of the depositories.
909-16 SECTION 30. CONFORMING AMENDMENT. Subsection (c), Section
909-17 117.023, Local Government Code, is amended to read as follows:
909-18 (c) The conflict of interests provisions of Section 131.903
909-19 <Chapter 179, Acts of the 60th Legislature, Regular Session, 1967
909-20 (Article 2529c, Vernon's Texas Civil Statutes),> apply to the
909-21 selection of the depository.
909-22 SECTION 31. CONFORMING AMENDMENT. Subchapter A, Chapter
909-23 118, Local Government Code, is amended by adding Section 118.002 to
909-24 read as follows:
909-25 Sec. 118.002. BILL FOR FEES. A fee under this chapter is
909-26 not payable to a person until a clerk or officer produces or is
909-27 ready to produce a bill in writing containing the details of the
910-1 fee to the person who owes the fee. The bill must be signed by the
910-2 clerk or officer to whom the fee is due or who charges the fee or
910-3 by the successor in office or legal representative of the clerk or
910-4 officer. (V.A.C.S. Art. 3908 (part).)
910-5 SECTION 32. CONFORMING AMENDMENT. Subchapter C, Chapter
910-6 118, Local Government Code, is amended by adding Section 118.066 to
910-7 read as follows:
910-8 Sec. 118.066. PROHIBITED FEES. A county clerk is not
910-9 entitled to a fee for:
910-10 (1) the examination of a paper or record in the
910-11 clerk's office;
910-12 (2) filing any process or document the clerk issues
910-13 that is returned to court;
910-14 (3) a motion or judgment on a motion for security for
910-15 costs; or
910-16 (4) taking or approving a bond for costs. (V.A.C.S.
910-17 Art. 3904 (part).)
910-18 SECTION 33. CONFORMING AMENDMENT. Subchapter E, Chapter
910-19 118, Local Government Code, is amended by adding Section 118.124 to
910-20 read as follows:
910-21 Sec. 118.124. PROHIBITED FEES. A justice of the peace is
910-22 not entitled to a fee for:
910-23 (1) the examination of a paper or record in the
910-24 justice's office;
910-25 (2) filing any process or document the justice issues
910-26 that is returned to court;
910-27 (3) a motion or judgment on a motion for security for
911-1 costs; or
911-2 (4) taking or approving a bond for costs. (V.A.C.S.
911-3 Art. 3904 (part).)
911-4 SECTION 34. CONFORMING AMENDMENT. Chapter 118, Local
911-5 Government Code, is amended by adding Subchapter Y to read as
911-6 follows:
911-7 SUBCHAPTER Y. PENALTIES
911-8 Sec. 118.801. OVERCHARGING OF FEES; PENALTY. An officer
911-9 named in this chapter who demands and receives a higher fee than
911-10 authorized under this chapter or a fee that is not authorized under
911-11 this chapter is liable to the aggrieved person for four times the
911-12 amount unlawfully demanded and received. (V.A.C.S. Art. 3909
911-13 (part).)
911-14 SECTION 35. CONFORMING AMENDMENT. Subchapter A, Chapter
911-15 131, Local Government Code, is amended by adding Section 131.005 to
911-16 read as follows:
911-17 Sec. 131.005. STATE FUNDS. (a) The comptroller shall
911-18 determine the amount of state funds held by a county depository
911-19 that suspends business or is taken charge of by the Banking
911-20 Commissioner of Texas or the federal comptroller of the currency.
911-21 The comptroller may:
911-22 (1) contract with a special depository selected by the
911-23 county authorities as provided by this subchapter for the custody
911-24 and payment of those funds; and
911-25 (2) approve a bond for the deposit contract.
911-26 (b) State funds placed in a special depository as provided
911-27 by Subsection (a) shall bear the average rate of interest received
912-1 by the state on state funds placed with regularly selected state
912-2 depositories.
912-3 (c) The comptroller may proceed with available legal
912-4 remedies against a suspended bank that is a depository for state
912-5 funds if the comptroller considers that action to be in the best
912-6 interest of the public. (V.A.C.S. Arts. 2568, 2569.)
912-7 SECTION 36. CONFORMING AMENDMENT. Subchapter Z, Chapter
912-8 131, Local Government Code, is amended by adding Section 131.903 to
912-9 read as follows:
912-10 Sec. 131.903. CONFLICT OF INTEREST. (a) A bank is not
912-11 disqualified from serving as a depository for funds of a political
912-12 subdivision if:
912-13 (1) an officer or employee of the political
912-14 subdivision who does not have the duty to select the political
912-15 subdivision's depository is an officer, director, or shareholder of
912-16 the bank; or
912-17 (2) one or more officers or employees of the political
912-18 subdivision who have the duty to select the political subdivision's
912-19 depository are officers or directors of the bank or own or have a
912-20 beneficial interest, individually or collectively, in 10 percent or
912-21 less of the outstanding capital stock of the bank, if:
912-22 (A) a majority of the members of the board,
912-23 commission, or other body of the political subdivision vote to
912-24 select the bank as a depository; and
912-25 (B) the interested officer or employee does not
912-26 vote or take part in the proceedings.
912-27 (b) This section may not be construed as changing or
913-1 superseding a conflicting provision in the charter of a home-rule
913-2 municipality. (V.A.C.S. Art. 2529c, Sec. 2 (part).)
913-3 SECTION 37. CONFORMING AMENDMENT. Chapter 140, Local
913-4 Government Code, is amended by adding Sections 140.005 and 140.006
913-5 to read as follows:
913-6 Sec. 140.005. ANNUAL FINANCIAL STATEMENT OF SCHOOL, ROAD, OR
913-7 OTHER DISTRICT. The governing body of a school district, junior
913-8 college district, or a district or authority organized under
913-9 Article III, Section 52, or Article XVI, Section 59, of the Texas
913-10 Constitution, shall prepare an annual financial statement showing
913-11 for each fund subject to the authority of the governing body during
913-12 the fiscal year:
913-13 (1) the total receipts of the fund, itemized by source
913-14 of revenue, including taxes, assessments, service charges, grants
913-15 of state money, gifts, or other general sources from which funds
913-16 are derived;
913-17 (2) the total disbursements of the fund, itemized by
913-18 the nature of the expenditure; and
913-19 (3) the balance in the fund at the close of the fiscal
913-20 year. (V.A.C.S. Art. 29b(a).)
913-21 Sec. 140.006. PUBLICATION OF ANNUAL FINANCIAL STATEMENT BY
913-22 SCHOOL, ROAD, OR OTHER DISTRICT. (a) Except as provided by
913-23 Subsection (c), the presiding officer of a governing body shall
913-24 submit a financial statement prepared under Section 140.005 to a
913-25 newspaper in each county in which the district or any part of the
913-26 district is located.
913-27 (b) If a district is located in more than one county, the
914-1 financial statement may be published in a newspaper that has
914-2 general circulation in the district. If a newspaper is not
914-3 published in the county, the financial statement may be published
914-4 in a newspaper in an adjoining county.
914-5 (c) The presiding officer of a school district shall submit
914-6 a financial statement prepared under Section 140.005 to a daily,
914-7 weekly, or biweekly newspaper published within the boundaries of
914-8 the district. If a daily, weekly, or biweekly newspaper is not
914-9 published within the boundaries of the district, the financial
914-10 statement shall be published in the manner provided by Subsections
914-11 (a) and (b).
914-12 (d) A statement shall be published not later than two months
914-13 after the date the fiscal year ends, except that a school
914-14 district's statement shall be published not later than the 120th
914-15 day after the date the fiscal year ends and in accordance with the
914-16 accounting method required by the Central Education Agency.
914-17 (V.A.C.S. Arts. 29b(b), (c).)
914-18 SECTION 38. CONFORMING AMENDMENT. Section 142.006, Local
914-19 Government Code, is amended to read as follows:
914-20 Sec. 142.006. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
914-21 OFFICERS AND FIRE FIGHTERS. (a) <In this section, "motor vehicle"
914-22 means any motor vehicle for which motor vehicle automobile
914-23 insurance is written under Subchapter A, Chapter 5, Insurance Code.>
914-24 <(b)> This section does not apply to a municipality covered
914-25 by Section 142.007.
914-26 (b) <(c)> A municipality shall provide for insuring each
914-27 peace officer and fire fighter <insure peace officers and fire
915-1 fighters> in its employ against liability to third persons arising
915-2 out of the operation, maintenance, or use of a motor vehicle owned
915-3 or leased by the municipality.
915-4 (c) The liability coverage provided under this section must
915-5 be in amounts not less than those required by the Texas Motor
915-6 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
915-7 Civil Statutes) to provide proof of financial responsibility.
915-8 (d) The municipality may elect to be self-insured or to
915-9 reimburse the actual cost of extended automobile liability
915-10 insurance endorsements obtained by a <its> peace officer <officers>
915-11 and fire fighter <fighters> on an <their> individually owned
915-12 automobile liability insurance policy <policies>. The extended
915-13 endorsements must:
915-14 (1) be in the amount required by Subsection (c); and
915-15 (2) extend the coverage to include the operation and
915-16 use of vehicles by a peace officer or fire fighter in the scope of
915-17 the officer's or fire fighter's employment <be in amounts not less
915-18 than those required under this section and shall extend the
915-19 coverage to include the operation and use of municipal vehicles by
915-20 the peace officers or fire fighters in the scope of their
915-21 employment>.
915-22 (e) If the reimbursement method is used, the municipality <A
915-23 municipality that elects to use the reimbursement method> may
915-24 require that a peace officer or fire fighter who operates and uses
915-25 a motor vehicle <all peace officers and fire fighters who operate
915-26 and use motor vehicles> present proof that an extended coverage
915-27 endorsement has been purchased and is in effect for the period of
916-1 reimbursement <current>.
916-2 (f) In this section, "motor vehicle" means any motor vehicle
916-3 for which motor vehicle automobile insurance may be written under
916-4 Subchapter A, Chapter 5, Insurance Code. <Liability coverage
916-5 provided under this section must be in amounts not less than those
916-6 required by the Texas Motor Vehicle Safety-Responsibility Act
916-7 (Article 6701h, Vernon's Texas Civil Statutes) to provide proof of
916-8 financial responsibility.>
916-9 SECTION 39. CONFORMING AMENDMENT. Section 155.021, Local
916-10 Government Code, is amended to read as follows:
916-11 Sec. 155.021. DEDUCTIONS ENUMERATED. The county treasurer
916-12 or, if another officer is specified by law, that other officer
916-13 shall make the deductions from, or take other similar actions with
916-14 regard to, the compensation of county employees as required:
916-15 (1) for employee contributions for coverage under the
916-16 federal social security program in accordance with Chapter 606,
916-17 Government Code <500, Acts of the 52nd Legislature, 1951 (Article
916-18 695g, Vernon's Texas Civil Statutes)>;
916-19 (2) for the purchase of annuities or for contributions
916-20 to investments for employees in accordance with Chapter 22, Acts of
916-21 the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5,
916-22 Vernon's Texas Civil Statutes);
916-23 (3) for the purchase of United States savings bonds
916-24 for employees in accordance with Chapter 606, Government Code <603,
916-25 Acts of the 51st Legislature, Regular Session, 1949 (Article
916-26 6252-3, Vernon's Texas Civil Statutes)>;
916-27 (4) for employee participation in a deferred
917-1 compensation plan in accordance with Chapter 609, Government Code
917-2 <197, Acts of the 63rd Legislature, Regular Session, 1973 (Article
917-3 6252-3b, Vernon's Texas Civil Statutes)>; or
917-4 (5) for employee contributions to a retirement system
917-5 in accordance with Section 845.403, Government Code.
917-6 SECTION 40. AMENDMENT. The Property Code is amended by
917-7 adding Title 15 to read as follows:
917-8 TITLE 15. FAIR HOUSING PRACTICES
917-9 CHAPTER 301. TEXAS FAIR HOUSING ACT
917-10 SUBCHAPTER A. TITLE, PURPOSE, AND DEFINITIONS
917-11 Sec. 301.001. SHORT TITLE. This chapter may be cited as the
917-12 Texas Fair Housing Act. (V.A.C.S. Art. 1f, Sec. 1.01.)
917-13 Sec. 301.002. PURPOSES. The purposes of this chapter are
917-14 to:
917-15 (1) provide for fair housing practices in this state;
917-16 (2) create a procedure for investigating and settling
917-17 complaints of discriminatory housing practices; and
917-18 (3) provide rights and remedies substantially
917-19 equivalent to those granted under federal law. (V.A.C.S. Art. 1f,
917-20 Sec. 1.02.)
917-21 Sec. 301.003. DEFINITIONS. In this chapter:
917-22 (1) "Aggrieved person" includes any person who:
917-23 (A) claims to have been injured by a
917-24 discriminatory housing practice; or
917-25 (B) believes that the person will be injured by
917-26 a discriminatory housing practice that is about to occur.
917-27 (2) "Complainant" means a person, including the
918-1 commission, that files a complaint under Section 301.081.
918-2 (3) "Commission" means the Commission on Human Rights.
918-3 (4) "Conciliation" means the informal negotiations
918-4 among an aggrieved person, the respondent, and the commission to
918-5 resolve issues raised by a complaint or by the investigation of the
918-6 complaint.
918-7 (5) "Conciliation agreement" means a written agreement
918-8 resolving the issues in conciliation.
918-9 (6) "Disability" means a mental or physical impairment
918-10 that substantially limits at least one major life activity, a
918-11 record of the impairment, or being regarded as having the
918-12 impairment. The term does not include current illegal use or
918-13 addiction to any drug or illegal or federally controlled substance
918-14 and does not apply to an individual because of an individual's
918-15 sexual orientation or because that individual is a transvestite.
918-16 (7) "Discriminatory housing practice" means an act
918-17 prohibited by Subchapter B or conduct that is an offense under
918-18 Subchapter I.
918-19 (8) "Dwelling" means any:
918-20 (A) structure or part of a structure that is
918-21 occupied as, or designed or intended for occupancy as, a residence
918-22 by one or more families; or
918-23 (B) vacant land that is offered for sale or
918-24 lease for the construction or location of a structure or part of a
918-25 structure described by Paragraph (A).
918-26 (9) "Family" includes a single individual.
918-27 (10) "Respondent" means:
919-1 (A) a person accused of a violation of this
919-2 chapter in a complaint of discriminatory housing practice; or
919-3 (B) a person identified as an additional or
919-4 substitute respondent under Section 301.084 or an agent of an
919-5 additional or substitute respondent.
919-6 (11) "To rent" includes to lease, sublease, or let, or
919-7 to grant in any other manner, for a consideration, the right to
919-8 occupy premises not owned by the occupant. (V.A.C.S. Art. 1f, Sec.
919-9 1.03 (part).)
919-10 Sec. 301.004. FAMILIAL STATUS. A discriminatory act is
919-11 committed because of familial status if the act is committed
919-12 because the person who is the subject of discrimination is:
919-13 (1) pregnant;
919-14 (2) domiciled with an individual younger than 18 years
919-15 of age in regard to whom the person:
919-16 (A) is the parent or legal custodian; or
919-17 (B) has the written permission of the parent or
919-18 legal custodian for domicile with that person; or
919-19 (3) in the process of obtaining legal custody of an
919-20 individual younger than 18 years of age. (V.A.C.S. Art. 1f, Sec.
919-21 1.04.)
919-22 Sec. 301.005. CONSTRUCTION OF CHAPTER. The statutory civil
919-23 remedies or theories of recovery created by this chapter may not be
919-24 expanded beyond their express statutory terms. (V.A.C.S. Art. 1f,
919-25 Sec. 10.01.)
919-26 (Sections 301.006 to 301.020 reserved for expansion
919-27 SUBCHAPTER B. DISCRIMINATION PROHIBITED
920-1 Sec. 301.021. SALE OR RENTAL. (a) A person may not refuse
920-2 to sell or rent, after the making of a bona fide offer, refuse to
920-3 negotiate for the sale or rental of, or in any other manner make
920-4 unavailable or deny a dwelling to another because of race, color,
920-5 religion, sex, familial status, or national origin.
920-6 (b) A person may not discriminate against another in the
920-7 terms, conditions, or privileges of sale or rental of a dwelling or
920-8 in providing services or facilities in connection with a sale or
920-9 rental of a dwelling because of race, color, religion, sex,
920-10 familial status, or national origin.
920-11 (c) This section does not prohibit discrimination against a
920-12 person because the person has been convicted under federal law or
920-13 the law of any state of the illegal manufacture or distribution of
920-14 a controlled substance. (V.A.C.S. Art. 1f, Sec. 3.01.)
920-15 Sec. 301.022. PUBLICATION. A person may not make, print, or
920-16 publish or effect the making, printing, or publishing of a notice,
920-17 statement, or advertisement that is about the sale or rental of a
920-18 dwelling and that indicates any preference, limitation, or
920-19 discrimination or the intention to make a preference, limitation,
920-20 or discrimination because of race, color, religion, sex,
920-21 disability, familial status, or national origin. (V.A.C.S. Art.
920-22 1f, Sec. 3.02.)
920-23 Sec. 301.023. INSPECTION. A person may not represent to
920-24 another because of race, color, religion, sex, disability, familial
920-25 status, or national origin that a dwelling is not available for
920-26 inspection for sale or rental when the dwelling is available for
920-27 inspection. (V.A.C.S. Art. 1f, Sec. 3.03.)
921-1 Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
921-2 for profit, induce or attempt to induce another to sell or rent a
921-3 dwelling by representations regarding the entry or prospective
921-4 entry into a neighborhood of a person of a particular race, color,
921-5 religion, sex, disability, familial status, or national origin.
921-6 (V.A.C.S. Art. 1f, Sec. 3.04.)
921-7 Sec. 301.025. DISABILITY. (a) A person may not
921-8 discriminate in the sale or rental of, or make unavailable or deny,
921-9 a dwelling to any buyer or renter because of a disability of:
921-10 (1) the buyer or renter;
921-11 (2) a person residing in or intending to reside in
921-12 that dwelling after it is sold, rented, or made available; or
921-13 (3) any person associated with the buyer or renter.
921-14 (b) A person may not discriminate against another in the
921-15 terms, conditions, or privileges of sale or rental of a dwelling or
921-16 in the provision of services or facilities in connection with the
921-17 dwelling because of a disability of:
921-18 (1) the other person;
921-19 (2) a person residing in or intending to reside in
921-20 that dwelling after it is sold, rented, or made available; or
921-21 (3) any person associated with the other person.
921-22 (c) In this section, discrimination includes:
921-23 (1) a refusal to permit, at the expense of the person
921-24 having a disability, a reasonable modification of existing premises
921-25 occupied or to be occupied by the person if the modification may be
921-26 necessary to afford the person full enjoyment of the premises;
921-27 (2) a refusal to make a reasonable accommodation in
922-1 rules, policies, practices, or services if the accommodation may be
922-2 necessary to afford the person equal opportunity to use and enjoy a
922-3 dwelling; or
922-4 (3) the failure to design and construct a covered
922-5 multifamily dwelling in a manner:
922-6 (A) that allows the public use and common use
922-7 portions of the dwellings to be readily accessible to and usable by
922-8 persons having a disability;
922-9 (B) that allows all doors designed to allow
922-10 passage into and within all premises within the dwellings to be
922-11 sufficiently wide to allow passage by a person who has a disability
922-12 and who is in a wheelchair; and
922-13 (C) that provides all premises within the
922-14 dwellings contain the following features of adaptive design:
922-15 (i) an accessible route into and through
922-16 the dwelling;
922-17 (ii) light switches, electrical outlets,
922-18 thermostats, and other environmental controls in accessible
922-19 locations;
922-20 (iii) reinforcements in bathroom walls to
922-21 allow later installation of grab bars; and
922-22 (iv) kitchens and bathrooms that are
922-23 usable and have sufficient space in which an individual in a
922-24 wheelchair can maneuver.
922-25 (d) Compliance with the appropriate requirements of the
922-26 American National Standard for buildings and facilities providing
922-27 accessibility and usability for persons having physical
923-1 disabilities, commonly cited as "ANSI A 117.1," satisfies the
923-2 requirements of Subsection (c)(3)(C).
923-3 (e) Subsection (c)(3) does not apply to a building the first
923-4 occupancy of which occurred on or before March 13, 1991.
923-5 (f) This section does not require a dwelling to be made
923-6 available to an individual whose tenancy would constitute a direct
923-7 threat to the health or safety of other individuals or whose
923-8 tenancy would result in substantial physical damage to the property
923-9 of others.
923-10 (g) In this subsection, the term "covered multifamily
923-11 dwellings" means:
923-12 (1) buildings consisting of four or more units if the
923-13 buildings have one or more elevators; and
923-14 (2) ground floor units in other buildings consisting
923-15 of four or more units. (V.A.C.S. Art. 1f, Sec. 3.05.)
923-16 Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION.
923-17 (a) A person whose business includes engaging in residential real
923-18 estate related transactions may not discriminate against another in
923-19 making a real estate related transaction available or in the terms
923-20 or conditions of a real estate related transaction because of race,
923-21 color, religion, sex, disability, familial status, or national
923-22 origin.
923-23 (b) In this section, "residential real estate related
923-24 transaction" means:
923-25 (1) the making or purchasing of loans or the provision
923-26 of other financial assistance:
923-27 (A) to purchase, construct, improve, repair, or
924-1 maintain a dwelling; or
924-2 (B) to secure residential real estate; or
924-3 (2) the selling, brokering, or appraising of
924-4 residential real property. (V.A.C.S. Art. 1f, Sec. 3.06.)
924-5 Sec. 301.027. BROKERAGE SERVICES. A person may not deny
924-6 another access to, or membership or participation in, a
924-7 multiple-listing service, real estate brokers' organization, or
924-8 other service, organization, or facility relating to the business
924-9 of selling or renting dwellings, or discriminate against a person
924-10 in the terms or conditions of access, membership, or participation
924-11 in such an organization, service, or facility because of race,
924-12 color, religion, sex, disability, familial status, or national
924-13 origin. (V.A.C.S. Art. 1f, Sec. 3.07.)
924-14 (Sections 301.028 to 301.040 reserved for expansion
924-15 SUBCHAPTER C. EXEMPTIONS
924-16 Sec. 301.041. SALES AND RENTALS EXEMPTED. (a) Subchapter B
924-17 does not apply to:
924-18 (1) the sale or rental of a single-family house sold
924-19 or rented by the owner if:
924-20 (A) the owner does not:
924-21 (i) own more than three single-family
924-22 houses at any one time; or
924-23 (ii) own any interest in, nor is there
924-24 owned or reserved on the person's behalf, under any express or
924-25 voluntary agreement, title to or any right to any part of the
924-26 proceeds from the sale or rental of more than three single-family
924-27 houses at any one time; and
925-1 (B) the house is sold or rented without:
925-2 (i) the use of the sales or rental
925-3 facilities or services of a real estate broker, agent, or salesman
925-4 licensed under The Real Estate License Act (Article 6573a, Vernon's
925-5 Texas Civil Statutes), or of an employee or agent of a licensed
925-6 broker, agent, or salesman, or the facilities or services of the
925-7 owner of a dwelling designed or intended for occupancy by five or
925-8 more families; or
925-9 (ii) the publication, posting, or mailing
925-10 of a notice, statement, or advertisement prohibited by Section
925-11 301.022; or
925-12 (2) the sale or rental of the rooms or units in a
925-13 dwelling containing living quarters occupied by or intended to be
925-14 occupied by not more than four families living independently of
925-15 each other, if the owner maintains and occupies one of the living
925-16 quarters as the owner's residence.
925-17 (b) The exemption in Subsection (a)(1) applies only to one
925-18 sale or rental in a 24-month period if the owner was not the most
925-19 recent resident of the house at the time of the sale or rental.
925-20 (V.A.C.S. Art. 1f, Sec. 1.05.)
925-21 Sec. 301.042. RELIGIOUS ORGANIZATION, PRIVATE CLUB, AND
925-22 APPRAISAL EXEMPTION. (a) This chapter does not prohibit a
925-23 religious organization, association, or society or a nonprofit
925-24 institution or organization operated, supervised, or controlled by
925-25 or in conjunction with a religious organization, association, or
925-26 society from:
925-27 (1) limiting the sale, rental, or occupancy of
926-1 dwellings that it owns or operates for other than a commercial
926-2 purpose to persons of the same religion; or
926-3 (2) giving preference to persons of the same religion,
926-4 unless membership in the religion is restricted because of race,
926-5 color, or national origin.
926-6 (b) This chapter does not prohibit a private club that is
926-7 not open to the public and that, as an incident to its primary
926-8 purpose, provides lodging that it owns or operates for other than a
926-9 commercial purpose from limiting the rental or occupancy of the
926-10 lodging to its members or from giving preference to its members.
926-11 (c) This chapter does not prohibit a person engaged in the
926-12 business of furnishing appraisals of real property from considering
926-13 in those appraisals factors other than race, color, religion, sex,
926-14 disability, familial status, or national origin. (V.A.C.S. Art.
926-15 1f, Secs. 1.06, 1.08.)
926-16 Sec. 301.043. HOUSING FOR ELDERLY EXEMPTED. The provisions
926-17 of this chapter relating to familial status do not apply to
926-18 housing:
926-19 (1) that the commission determines is specifically
926-20 designed and operated to assist elderly individuals under a federal
926-21 or state program;
926-22 (2) intended for, and solely occupied by, individuals
926-23 62 years of age or older; or
926-24 (3) intended and operated for occupancy by at least
926-25 one individual 55 years of age or older for each unit as determined
926-26 by commission rules. (V.A.C.S. Art. 1f, Sec. 1.07.)
926-27 Sec. 301.044. EFFECT ON OTHER LAW. (a) This chapter does
927-1 not affect a reasonable local or state restriction on the maximum
927-2 number of occupants permitted to occupy a dwelling or a restriction
927-3 relating to health or safety standards.
927-4 (b) This chapter does not affect a requirement of
927-5 nondiscrimination in any other state or federal law. (V.A.C.S.
927-6 Art. 1f, Sec. 1.09.)
927-7 (Sections 301.045 to 301.060 reserved for expansion
927-8 SUBCHAPTER D. ADMINISTRATIVE PROVISIONS
927-9 Sec. 301.061. COMMISSION ON HUMAN RIGHTS. The Commission on
927-10 Human Rights shall administer this chapter. (V.A.C.S. Art. 1f,
927-11 Sec. 2.01.)
927-12 Sec. 301.062. RULES. The commission may adopt rules
927-13 necessary to implement this chapter, but substantive rules adopted
927-14 by the commission shall impose obligations, rights, and remedies
927-15 that are the same as are provided in federal fair housing
927-16 regulations. (V.A.C.S. Art. 1f, Sec. 2.02.)
927-17 Sec. 301.063. COMPLAINTS. As provided by Subchapters E and
927-18 F, the commission shall receive, investigate, seek to conciliate,
927-19 and act on complaints alleging violations of this chapter.
927-20 (V.A.C.S. Art. 1f, Sec. 2.03.)
927-21 Sec. 301.064. DELEGATION OF AUTHORITY. The commission by
927-22 rule may authorize the executive director of the commission to
927-23 exercise the commission's powers or perform the commission's duties
927-24 under this chapter. (V.A.C.S. Art. 1f, Sec. 2.04.)
927-25 Sec. 301.065. REPORTS AND STUDIES. (a) The commission
927-26 shall, at least annually, publish a written report recommending
927-27 legislative or other action to carry out the purposes of this
928-1 chapter.
928-2 (b) The commission shall make studies relating to the nature
928-3 and extent of discriminatory housing practices in this state.
928-4 (V.A.C.S. Art. 1f, Sec. 2.05.)
928-5 Sec. 301.066. COOPERATION WITH OTHER ENTITIES. The
928-6 commission shall cooperate with and may provide technical and other
928-7 assistance to federal, state, local, and other public or private
928-8 entities that are designing or operating programs to prevent or
928-9 eliminate discriminatory housing practices. (V.A.C.S. Art. 1f,
928-10 Sec. 2.06.)
928-11 Sec. 301.067. SUBPOENAS AND DISCOVERY. (a) The commission
928-12 may issue subpoenas and order discovery in investigations and
928-13 hearings under this chapter.
928-14 (b) The subpoenas and discovery may be ordered to the same
928-15 extent and are subject to the same limitations as subpoenas and
928-16 discovery in a civil action in district court. (V.A.C.S. Art. 1f,
928-17 Sec. 2.07.)
928-18 Sec. 301.068. REFERRAL TO MUNICIPALITY. The commission may
928-19 defer proceedings under this chapter and refer a complaint to a
928-20 municipality that has been certified by the federal Department of
928-21 Housing and Urban Development as a substantially equivalent fair
928-22 housing agency. (V.A.C.S. Art. 1f, Sec. 2.08(b).)
928-23 Sec. 301.069. GIFTS AND GRANTS. (a) The commission may
928-24 accept gifts and grants from any public or private source for
928-25 administering this chapter.
928-26 (b) Gifts and grants received shall be deposited to the
928-27 credit of the fair housing fund in the state treasury.
929-1 (c) Money deposited to the credit of the fund may be used
929-2 only for administering this chapter. (V.A.C.S. Art. 1f, Secs.
929-3 2.09, 7.01.)
929-4 (Sections 301.070 to 301.080 reserved for expansion
929-5 SUBCHAPTER E. ADMINISTRATIVE ENFORCEMENT
929-6 Sec. 301.081. COMPLAINT. (a) The commission shall
929-7 investigate complaints of alleged discriminatory housing practices.
929-8 (b) A complaint must be:
929-9 (1) in writing;
929-10 (2) under oath; and
929-11 (3) in the form prescribed by the commission.
929-12 (c) An aggrieved person may file a complaint with the
929-13 commission alleging the discriminatory housing practice. The
929-14 commission may file a complaint.
929-15 (d) A complaint must be filed on or before the first
929-16 anniversary of the date the alleged discriminatory housing practice
929-17 occurs or terminates, whichever is later.
929-18 (e) A complaint may be amended at any time.
929-19 (f) On the filing of a complaint, the commission shall:
929-20 (1) give the aggrieved person notice that the
929-21 complaint has been received;
929-22 (2) advise the aggrieved person of the time limits and
929-23 choice of forums under this chapter; and
929-24 (3) not later than the 20th day after the date of the
929-25 filing of the complaint or the identification of an additional or
929-26 substitute respondent under Section 301.084, serve on each
929-27 respondent:
930-1 (A) a notice identifying the alleged
930-2 discriminatory housing practice and advising the respondent of the
930-3 procedural rights and obligations of a respondent under this
930-4 chapter; and
930-5 (B) a copy of the original complaint. (V.A.C.S.
930-6 Art. 1f, Sec. 4.01.)
930-7 Sec. 301.082. ANSWER. (a) Not later than the 10th day
930-8 after the date of receipt of the notice and copy of the complaint
930-9 under Section 301.081(f)(3), a respondent may file an answer to the
930-10 complaint.
930-11 (b) An answer must be:
930-12 (1) in writing;
930-13 (2) under oath; and
930-14 (3) in the form prescribed by the commission.
930-15 (c) An answer may be amended at any time.
930-16 (d) An answer does not inhibit the investigation of a
930-17 complaint. (V.A.C.S. Art. 1f, Sec. 4.02.)
930-18 Sec. 301.083. Investigation. (a) If the federal government
930-19 has referred a complaint to the commission or has deferred
930-20 jurisdiction over the subject matter of the complaint to the
930-21 commission, the commission shall promptly investigate the
930-22 allegations set forth in the complaint.
930-23 (b) The commission shall investigate all complaints and,
930-24 except as provided by Subsection (c), shall complete an
930-25 investigation not later than the 100th day after the date the
930-26 complaint is filed or, if it is unable to complete the
930-27 investigation within the 100-day period, shall dispose of all
931-1 administrative proceedings related to the investigation not later
931-2 than the first anniversary after the date the complaint is filed.
931-3 (c) If the commission is unable to complete an investigation
931-4 within the time periods prescribed by Subsection (b), the
931-5 commission shall notify the complainant and the respondent in
931-6 writing of the reasons for the delay. (V.A.C.S. Art. 1f, Sec.
931-7 4.03.)
931-8 Sec. 301.084. Additional or Substitute Respondent. (a) The
931-9 commission may join a person not named in the complaint as an
931-10 additional or substitute respondent if during the investigation the
931-11 commission determines that the person should be accused of a
931-12 discriminatory housing practice.
931-13 (b) In addition to the information required in the notice
931-14 under Section 301.081(f), the commission shall include in a notice
931-15 to a respondent joined under this section the reasons for the
931-16 determination that the person is properly joined as a respondent.
931-17 (V.A.C.S. Art. 1f, Sec. 4.04.)
931-18 Sec. 301.085. Conciliation. (a) The commission shall,
931-19 during the period beginning with the filing of a complaint and
931-20 ending with the filing of a charge or a dismissal by the
931-21 commission, to the extent feasible, engage in conciliation with
931-22 respect to the complaint.
931-23 (b) A conciliation agreement between a respondent and the
931-24 complainant is subject to commission approval.
931-25 (c) A conciliation agreement may provide for binding
931-26 arbitration or another method of dispute resolution. Dispute
931-27 resolution that results from a conciliation agreement may authorize
932-1 appropriate relief, including monetary relief.
932-2 (d) A conciliation agreement is public information unless:
932-3 (1) the complainant and respondent agree that it is
932-4 not; and
932-5 (2) the commission determines that disclosure is not
932-6 necessary to further the purposes of this chapter.
932-7 (e) Statements made or actions taken in the conciliation may
932-8 not be made public or used as evidence in a subsequent proceeding
932-9 under this chapter without the written consent of the persons
932-10 concerned.
932-11 (f) After completion of the commission's investigation, the
932-12 commission shall make available to the aggrieved person and the
932-13 respondent, at any time, information derived from the investigation
932-14 and the final investigative report relating to that investigation.
932-15 (V.A.C.S. Art. 1f, Sec. 4.05.)
932-16 Sec. 301.086. Temporary or Preliminary Relief. (a) The
932-17 commission may authorize a civil action for temporary or
932-18 preliminary relief pending the final disposition of a complaint if
932-19 the commission concludes after the filing of the complaint that
932-20 prompt judicial action is necessary to carry out the purposes of
932-21 this chapter.
932-22 (b) On receipt of the commission's authorization, the
932-23 attorney general shall promptly file the action.
932-24 (c) A temporary restraining order or other order granting
932-25 preliminary or temporary relief under this section is governed by
932-26 the applicable Texas Rules of Civil Procedure.
932-27 (d) The filing of a civil action under this section does not
933-1 affect the initiation or continuation of administrative proceedings
933-2 under Section 301.111. (V.A.C.S. Art. 1f, Sec. 4.06.)
933-3 Sec. 301.087. Investigative Report. (a) The commission
933-4 shall prepare a final investigative report including:
933-5 (1) the names of and dates of contacts with witnesses;
933-6 (2) a summary of correspondence and other contacts
933-7 with the aggrieved person and the respondent showing the dates of
933-8 the correspondence and contacts;
933-9 (3) a summary description of other pertinent records;
933-10 (4) a summary of witness statements; and
933-11 (5) answers to interrogatories.
933-12 (b) A final report under this section may be amended if
933-13 additional evidence is discovered. (V.A.C.S. Art. 1f, Sec. 4.07.)
933-14 Sec. 301.088. Reasonable Cause Determination. (a) The
933-15 commission shall determine from the facts whether reasonable cause
933-16 exists to believe that a discriminatory housing practice has
933-17 occurred or is about to occur.
933-18 (b) The commission shall make the determination under
933-19 Subsection (a) not later than the 100th day after the date a
933-20 complaint is filed unless:
933-21 (1) making the determination is impracticable; or
933-22 (2) the commission approves a conciliation agreement
933-23 relating to the complaint.
933-24 (c) If within the period provided by Subsection (b) making
933-25 the determination is impracticable, the commission shall give in
933-26 writing to the complainant and the respondent the reasons for the
933-27 delay.
934-1 (d) If the commission determines that reasonable cause
934-2 exists to believe that a discriminatory housing practice has
934-3 occurred or is about to occur, the commission shall, except as
934-4 provided by Section 301.090, immediately issue a charge on behalf
934-5 of the aggrieved person. (V.A.C.S. Art. 1f, Sec. 4.08.)
934-6 Sec. 301.089. Charge. (a) A charge issued under Section
934-7 301.088:
934-8 (1) must consist of a short and plain statement of the
934-9 facts on which the commission finds reasonable cause to believe
934-10 that a discriminatory housing practice has occurred or is about to
934-11 occur;
934-12 (2) must be based on the final investigative report;
934-13 and
934-14 (3) is not limited to the facts or grounds alleged in
934-15 the complaint.
934-16 (b) Not later than the 20th day after the date the
934-17 commission issues a charge, the commission shall send a copy of the
934-18 charge with information about the election under Section 301.093
934-19 to:
934-20 (1) each respondent; and
934-21 (2) each aggrieved person on whose behalf the
934-22 complaint was filed.
934-23 (c) The commission shall include with a charge sent to a
934-24 respondent a notice of the opportunity for a hearing under Section
934-25 301.111. (V.A.C.S. Art. 1f, Sec. 4.09.)
934-26 Sec. 301.090. Land Use Law. If the commission determines
934-27 that the matter involves the legality of a state or local zoning or
935-1 other land use law or ordinance, the commission may not issue a
935-2 charge and shall immediately refer the matter to the attorney
935-3 general for appropriate action. (V.A.C.S. Art. 1f, Sec. 4.10.)
935-4 Sec. 301.091. Dismissal. (a) If the commission determines
935-5 that no reasonable cause exists to believe that a discriminatory
935-6 housing practice that is the subject of a complaint has occurred or
935-7 is about to occur, the commission shall promptly dismiss the
935-8 complaint.
935-9 (b) The commission shall make public disclosure of each
935-10 dismissal. (V.A.C.S. Art. 1f, Sec. 4.11.)
935-11 Sec. 301.092. Pending Civil Trial. The commission may not
935-12 issue a charge alleging a discriminatory housing practice after the
935-13 beginning of the trial of a civil action commenced by the aggrieved
935-14 party under federal or state law seeking relief with respect to
935-15 that discriminatory housing practice. (V.A.C.S. Art. 1f, Sec.
935-16 4.12.)
935-17 Sec. 301.093. ELECTION OF JUDICIAL DETERMINATION. (a) A
935-18 complainant, a respondent, or an aggrieved person on whose behalf a
935-19 complaint was filed may elect to have the claims asserted in the
935-20 charge decided in a civil action as provided by Section 301.131.
935-21 (b) The election must be made not later than the 20th day
935-22 after the date the person having the election receives service
935-23 under Section 301.089(b) or, in the case of the commission, not
935-24 later than the 20th day after the date the charge is issued.
935-25 (c) The person making the election shall give notice to the
935-26 commission and to all other complainants and respondents to whom
935-27 the charge relates. (V.A.C.S. Art. 1f, Sec. 4.13.)
936-1 (Sections 301.094 to 301.110 reserved for expansion
936-2 SUBCHAPTER F. ADMINISTRATIVE HEARINGS
936-3 Sec. 301.111. ADMINISTRATIVE HEARING. (a) If a timely
936-4 election is not made under Section 301.093, the commission shall
936-5 provide for a hearing on the charge.
936-6 (b) Except as provided by Subsection (c), Chapter 2001,
936-7 Government Code, governs a hearing and an appeal of a hearing.
936-8 (c) A hearing under this section on an alleged
936-9 discriminatory housing practice may not continue after the
936-10 beginning of the trial of a civil action commenced by the aggrieved
936-11 person under federal or state law seeking relief with respect to
936-12 the discriminatory housing practice. (V.A.C.S. Art. 1f, Sec.
936-13 4.15.)
936-14 Sec. 301.112. ADMINISTRATIVE PENALTIES. (a) If the
936-15 commission determines at a hearing under Section 301.111 that a
936-16 respondent has engaged in or is about to engage in a discriminatory
936-17 housing practice, the commission may order the appropriate relief,
936-18 including actual damages, reasonable attorney fees, court costs,
936-19 and other injunctive or equitable relief.
936-20 (b) To vindicate the public's interest, the commission may
936-21 assess a civil penalty against the respondent in an amount that
936-22 does not exceed:
936-23 (1) $10,000 if the respondent has been found by order
936-24 of the commission or a court to have committed a prior
936-25 discriminatory housing practice; or
936-26 (2) except as provided by Subsection (c):
936-27 (A) $25,000 if the respondent has been found by
937-1 order of the commission or a court to have committed one other
937-2 discriminatory housing practice during the five-year period ending
937-3 on the date of the filing of the charges; or
937-4 (B) $50,000 if the respondent has been found by
937-5 the commission or a court to have committed two or more
937-6 discriminatory housing practices during the seven-year period
937-7 ending on the date of filing of the charge.
937-8 (c) If the acts constituting the discriminatory housing
937-9 practice that is the object of the charge are committed by the same
937-10 individual who has previously been found to have committed acts
937-11 constituting a discriminatory housing practice, the civil penalties
937-12 in Subsection (b)(2) may be imposed without regard to the period of
937-13 time within which any other discriminatory housing practice
937-14 occurred.
937-15 (d) At the request of the commission, the attorney general
937-16 shall sue to recover a civil penalty due under this section. Funds
937-17 collected under this section shall be paid to the state treasurer
937-18 for deposit in the state treasury to the credit of the fair housing
937-19 fund. (V.A.C.S. Art. 1f, Sec. 4.16.)
937-20 Sec. 301.113. EFFECT OF COMMISSION ORDER. A commission
937-21 order under Section 301.112 does not affect a contract, sale,
937-22 encumbrance, or lease that:
937-23 (1) is consummated before the commission issues the
937-24 order; and
937-25 (2) involves a bona fide purchaser, encumbrancer, or
937-26 tenant who did not have actual notice of the charge filed under
937-27 this chapter. (V.A.C.S. Art. 1f, Sec. 4.17.)
938-1 Sec. 301.114. LICENSED OR REGULATED BUSINESS. If the
938-2 commission issues an order with respect to a discriminatory housing
938-3 practice that occurs in the course of a business subject to a
938-4 licensing or regulation by a governmental agency, the commission
938-5 shall, not later than the 30th day after the date the order is
938-6 issued:
938-7 (1) send copies of the findings and the order to the
938-8 governmental agency; and
938-9 (2) recommend to the governmental agency appropriate
938-10 disciplinary action. (V.A.C.S. Art. 1f, Sec. 4.18.)
938-11 Sec. 301.115. ORDER IN PRECEDING FIVE YEARS. If the
938-12 commission issues an order against a respondent against whom
938-13 another order was issued within the preceding five years under
938-14 Section 301.112, the commission shall send a copy of each order to
938-15 the attorney general. (V.A.C.S. Art. 1f, Sec. 4.19.)
938-16 (Sections 301.116 to 301.130 reserved for expansion
938-17 SUBCHAPTER G. ENFORCEMENT BY ATTORNEY GENERAL
938-18 Sec. 301.131. ATTORNEY GENERAL ACTION FOR ENFORCEMENT.
938-19 (a) If a timely election is made under Section 301.093, the
938-20 commission shall authorize and not later than the 30th day after
938-21 the date the election is made the attorney general shall file in a
938-22 district court a civil action seeking relief on behalf of the
938-23 aggrieved person.
938-24 (b) Venue for an action is in the county in which the
938-25 alleged discriminatory housing practice occurred or is about to
938-26 occur.
938-27 (c) An aggrieved person may intervene in the action.
939-1 (d) If the court finds that a discriminatory housing
939-2 practice has occurred or is about to occur, the court may grant as
939-3 relief any relief that a court may grant in a civil action under
939-4 Subchapter H.
939-5 (e) If monetary relief is sought for the benefit of an
939-6 aggrieved person who does not intervene in the civil action, the
939-7 court may not award the monetary relief if that aggrieved person
939-8 has not complied with discovery orders entered by the court.
939-9 (V.A.C.S. Art. 1f, Sec. 4.14.)
939-10 Sec. 301.132. PATTERN OR PRACTICE CASE. (a) On the request
939-11 of the commission, the attorney general may file a civil action in
939-12 district court for appropriate relief if the commission has
939-13 reasonable cause to believe that:
939-14 (1) a person is engaged in a pattern or practice of
939-15 resistance to the full enjoyment of a right granted under this
939-16 chapter; or
939-17 (2) a person has been denied a right granted by this
939-18 chapter and that denial raises an issue of general public
939-19 importance.
939-20 (b) In an action under this section the court may:
939-21 (1) award preventive relief, including a permanent or
939-22 temporary injunction, restraining order, or other order against the
939-23 person responsible for a violation of this chapter as necessary to
939-24 assure the full enjoyment of the rights granted by this chapter;
939-25 (2) award other appropriate relief, including monetary
939-26 damages, reasonable attorney fees, and court costs; and
939-27 (3) to vindicate the public interest, assess a civil
940-1 penalty against the respondent in an amount that does not exceed:
940-2 (A) $50,000 for a first violation; and
940-3 (B) $100,000 for a second or subsequent
940-4 violation.
940-5 (c) A person may intervene in an action under this section
940-6 if the person is:
940-7 (1) a person aggrieved by the discriminatory housing
940-8 practice; or
940-9 (2) a party to a conciliation agreement concerning the
940-10 discriminatory housing practice. (V.A.C.S. Art. 1f, Sec. 6.01.)
940-11 Sec. 301.133. SUBPOENA ENFORCEMENT. The attorney general,
940-12 on behalf of the commission or another party at whose request a
940-13 subpoena is issued under this chapter, may enforce the subpoena in
940-14 appropriate proceedings in district court. (V.A.C.S. Art. 1f, Sec.
940-15 6.02.)
940-16 (Sections 301.134 to 301.150 reserved for expansion
940-17 SUBCHAPTER H. ENFORCEMENT BY PRIVATE PERSONS
940-18 Sec. 301.151. CIVIL ACTION. (a) An aggrieved person may
940-19 file a civil action in district court not later than the second
940-20 year after the date of the occurrence or the termination of an
940-21 alleged discriminatory housing practice or the breach of a
940-22 conciliation agreement entered under this chapter, whichever occurs
940-23 last, to obtain appropriate relief with respect to the
940-24 discriminatory housing practice or breach.
940-25 (b) The two-year period does not include any time during
940-26 which an administrative hearing under this chapter is pending with
940-27 respect to a complaint or charge under this chapter based on the
941-1 discriminatory housing practice. This subsection does not apply to
941-2 actions arising from the breach of a conciliation agreement.
941-3 (c) An aggrieved person may file an action whether a
941-4 complaint has been filed under Section 301.081 and without regard
941-5 to the status of any complaint filed under that section.
941-6 (d) If the commission has obtained a conciliation agreement
941-7 with the consent of an aggrieved person, the aggrieved person may
941-8 not file an action with respect to the alleged discriminatory
941-9 housing practice that forms the basis of the complaint except to
941-10 enforce the terms of the agreement.
941-11 (e) An aggrieved person may not file an action with respect
941-12 to an alleged discriminatory housing practice that forms the basis
941-13 of a charge issued by the commission if the commission has begun a
941-14 hearing on the record under this chapter with respect to the
941-15 charge. (V.A.C.S. Art. 1f, Sec. 5.01.)
941-16 Sec. 301.152. Court-Appointed Attorney. On application by a
941-17 person alleging a discriminatory housing practice or by a person
941-18 against whom a discriminatory housing practice is alleged, the
941-19 court may appoint an attorney for the person. (V.A.C.S. Art. 1f,
941-20 Sec. 5.02.)
941-21 Sec. 301.153. Relief Granted. If the court finds that a
941-22 discriminatory housing practice has occurred or is about to occur,
941-23 the court may award to the plaintiff:
941-24 (1) actual and punitive damages;
941-25 (2) reasonable attorney fees;
941-26 (3) court costs; and
941-27 (4) subject to Section 301.154, a permanent or
942-1 temporary injunction, temporary restraining order, or other order,
942-2 including an order enjoining the defendant from engaging in the
942-3 practice or ordering appropriate affirmative action. (V.A.C.S.
942-4 Art. 1f, Sec. 5.03.)
942-5 Sec. 301.154. Effect of Relief Granted. Relief granted
942-6 under this subchapter does not affect a contract, sale,
942-7 encumbrance, or lease that:
942-8 (1) is consummated before the granting of the relief;
942-9 and
942-10 (2) involves a bona fide purchaser, encumbrancer, or
942-11 tenant who did not have actual notice of the filing of a complaint
942-12 or civil action under this chapter. (V.A.C.S. Art. 1f, Sec. 5.04.)
942-13 Sec. 301.155. Intervention by Attorney General. (a) On
942-14 request of the commission, the attorney general may intervene in an
942-15 action under this subchapter if the commission certifies that the
942-16 case is of general public importance.
942-17 (b) The attorney general may obtain the same relief as is
942-18 available to the attorney general under Section 301.132(b).
942-19 (V.A.C.S. Art. 1f, Sec. 5.05.)
942-20 Sec. 301.156. PREVAILING PARTY. A court in a civil action
942-21 brought under this chapter or the commission in an administrative
942-22 hearing under Section 301.111 may award reasonable attorney fees to
942-23 the prevailing party and assess court costs against the
942-24 nonprevailing party. (V.A.C.S. Art. 1f, Sec. 8.01.)
942-25 (Sections 301.157 to 301.170 reserved for expansion
942-26 SUBCHAPTER I. CRIMINAL PENALTY
942-27 Sec. 301.171. INTIMIDATION OR INTERFERENCE. (a) A person
943-1 commits an offense if the person, without regard to whether the
943-2 person is acting under color of law, by force or threat of force
943-3 intentionally intimidates or interferes with a person:
943-4 (1) because of the person's race, color, religion,
943-5 sex, disability, familial status, or national origin and because
943-6 the person is or has been selling, purchasing, renting, financing,
943-7 occupying, or contracting or negotiating for the sale, purchase,
943-8 rental, financing, or occupation of any dwelling or applying for or
943-9 participating in a service, organization, or facility relating to
943-10 the business of selling or renting dwellings; or
943-11 (2) because the person is or has been or to intimidate
943-12 the person from:
943-13 (A) participating, without discrimination
943-14 because of race, color, religion, sex, disability, familial status,
943-15 or national origin, in an activity, service, organization, or
943-16 facility described by Subdivision (1); or
943-17 (B) affording another person opportunity or
943-18 protection to so participate; or
943-19 (C) lawfully aiding or encouraging other persons
943-20 to participate, without discrimination because of race, color,
943-21 religion, sex, disability, familial status, or national origin, in
943-22 an activity, service, organization, or facility described by
943-23 Subdivision (1).
943-24 (b) An offense under this section is a Class A misdemeanor.
943-25 (V.A.C.S. Art. 1f, Sec. 9.01.)
943-26 SECTION 41. CONFORMING AMENDMENT. Subsection (e), Section
943-27 151.429, Tax Code, is amended to read as follows:
944-1 (e) In this section:
944-2 (1) "Enterprise project" means a person designated by
944-3 the Texas Department of Commerce as an enterprise project under
944-4 Chapter 2303, Government Code.
944-5 (2) "Enterprise zone"<, "enterprise project,"
944-6 "enterprise zone," "new permanent job,"> and "qualified employee"
944-7 have the meanings assigned to those terms by Section 2303.003,
944-8 Government Code <Section 3, Texas Enterprise Zone Act (Article
944-9 5190.7, Vernon's Texas Civil Statutes)>.
944-10 (3) "New permanent job" means a new employment
944-11 position created by a qualified business as described by Section
944-12 2303.401, Government Code, that:
944-13 (A) has provided at least 1,040 hours of
944-14 employment a year to a qualified employee; and
944-15 (B) is intended to exist during the period that
944-16 the qualified business is designated as an enterprise project under
944-17 Chapter 2303, Government Code.
944-18 SECTION 42. CONFORMING AMENDMENT. Subsection (e), Section
944-19 151.431, Tax Code, is amended to read as follows:
944-20 (e) In this section:
944-21 (1) "Enterprise zone"<, "enterprise zone," "governing
944-22 body," "qualified business,"> and "qualified employee" have the
944-23 meanings assigned to those terms by Section 2303.003, Government
944-24 Code <Section 3, Texas Enterprise Zone Act (Article 5190.7,
944-25 Vernon's Texas Civil Statutes)>.
944-26 (2) "Governing body" means the governing body of a
944-27 municipality or county that applied to have the area designated as
945-1 an enterprise zone under Section 2303.105, Government Code.
945-2 (3) "Qualified business" means a person that is
945-3 certified as a qualified business under Section 2303.401,
945-4 Government Code.
945-5 SECTION 43. CONFORMING AMENDMENT. Subsection (f), Section
945-6 171.1015, Tax Code, is amended to read as follows:
945-7 (f) In this section:
945-8 (1) "Enterprise project" means a person designated by
945-9 the Texas Department of Commerce as an enterprise project under
945-10 Chapter 2303, Government Code.
945-11 (2) "Enterprise zone" has the meaning assigned to that
945-12 term by Section 2303.003, Government Code<, "enterprise project"
945-13 and "enterprise zone" have the meanings assigned to those terms by
945-14 Section 3, Texas Enterprise Zone Act (Article 5190.7, Vernon's
945-15 Texas Civil Statutes)>.
945-16 SECTION 44. CONFORMING AMENDMENT. Subsection (e), Section
945-17 171.501, Tax Code, is amended to read as follows:
945-18 (e) In this section:
945-19 (1) "Enterprise zone"<, "enterprise zone," "governing
945-20 body," "new job," "qualified business,"> and "qualified employee"
945-21 have the meanings assigned to those terms by Section 2303.003,
945-22 Government Code <Section 3, Texas Enterprise Zone Act (Article
945-23 5190.7, Vernon's Texas Civil Statutes)>.
945-24 (2) "Governing body" means the governing body of a
945-25 municipality or county that applied to have the area designated as
945-26 an enterprise zone under Section 2303.105, Government Code.
945-27 (3) "New job" means a new employment position created
946-1 by a qualified business as described by Section 2303.401,
946-2 Government Code, that:
946-3 (A) has provided at least 1,040 hours of
946-4 employment a year to a qualified employee; and
946-5 (B) is intended to exist during the period that
946-6 the qualified business is designated as an enterprise project under
946-7 Chapter 2303, Government Code.
946-8 (4) "Qualified business" means a person that is
946-9 certified as a qualified business under Section 2303.401,
946-10 Government Code.
946-11 SECTION 45. CONFORMING AMENDMENT. Section 2, Article 5996g,
946-12 Revised Statutes, is redesignated as Section 2, Chapter 427, Acts
946-13 of the 70th Legislature, Regular Session, 1987.
946-14 SECTION 46. REPEALER. The following laws are repealed:
946-15 (1) the following articles and acts, as compiled in
946-16 Vernon's Texas Civil Statutes: 1f; 12; 13; 14; 16; 16a; 16b; 17;
946-17 18; 19; 19a; 20; 21; 22; 23a; 25; 26; 27; 28a; 28a-1; 29; 29a; 29b;
946-18 29c; 29d; 29e; 601e; 601f; 601g; 601h; 664-4; 689a-1; 689a-2;
946-19 689a-4; 689a-4a; 689a-4b; 689a-4c; 689a-6; 689a-8; 689a-8a;
946-20 689a-20; 689a-21; 695g; 695h; 842a-2; 842g; 999e; 1269l-5; 1269t;
946-21 1939a; 2529b-1; 2529c; 2529d; 2568; 2569; 3904; 3905; 3907; 3908;
946-22 3909; 3910; 3913; 4345a; 4348e; 4413(29aa-3); 4413(31); 4413(32j);
946-23 4413(33); 4413(33a); 4413(33b); 4413(34b); 4413(34c); 4413(34d);
946-24 4413(47e); 4413(55); 4413(56); 4413(57); 4413(203); 4413(501);
946-25 4591; 4591.2; 4591.3; 4591.5; 4591.6; 4591b; 4591b-1; 4591b-2;
946-26 4591e; 5154c; 5160; 5165; 5165.1; 5165.2; 5165.3; 5165.6; 5165a;
946-27 5190.7; 5221g; 5221g-2; 5240; 5241; 5242; 5243; 5244; 5245; 5246;
947-1 5247; 5248d-1; 5248f; 5248g; 5248g-1; 5248h; 5248i; 5961; 5962;
947-2 5963; 5964; 5967; 5972; 5986; 5996a; 5996b; 5996c; 5996d; 5996e;
947-3 5996f; 5996g; 5996h; 5996i; 5997; 5998; 5999; 6000; 6001; 6002;
947-4 6003; 6003a; 6003b; 6003c; 6049h; 6228f; 6252-1; 6252-2; 6252-3;
947-5 6252-3d; 6252-3e; 6252-3g; 6252-4a; 6252-4b; 6252-4c; 6252-5a;
947-6 6252-5b; 6252-5c; 6252-5d; 6252-5e; 6252-5f; 6252-6b; 6252-6c;
947-7 6252-6d; 6252-7; 6252-8; 6252-8a; 6252-8b; 6252-8c; 6252-8d;
947-8 6252-8e; 6252-9a; 6252-9b; 6252-9d.1; 6252-9e; 6252-9f; 6252-9aa;
947-9 6252-10a; 6252-11; 6252-11a; 6252-11b; 6252-11c; 6252-11e;
947-10 6252-11f; 6252-11g; 6252-12; 6252-13a; 6252-13b; 6252-13b.1;
947-11 6252-13e; 6252-13f; 6252-15; 6252-16a; 6252-16b; 6252-16c; 6252-17;
947-12 6252-17a; 6252-17b; 6252-17c; 6252-18; 6252-18a; 6252-19a; 6252-20;
947-13 6252-20b; 6252-21; 6252-22; 6252-23; 6252-24; 6252-27; 6252-29a;
947-14 6252-30; 6252-31; 6252-32; 6674v.2, Sec. 5(c); 6813; 6813a; 6813b;
947-15 6813c; 6813d-1; 6813e; 6813f; 6813g; 6822; 6822a; 6823a; 6823b;
947-16 6824; 6825; 6826; 6827; 6828; 6829; 6829a; 6889-3; 6889-3a; and
947-17 8309-1; and
947-18 (2) Section 492.006(c), Government Code.
947-19 SECTION 47. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
947-20 This Act is enacted under Article III, Section 43, of the Texas
947-21 Constitution. This Act is intended as a recodification only, and
947-22 no substantive change in the law is intended by this Act.
947-23 SECTION 48. SAVING PROVISION. (a) For the purposes of
947-24 Section 403.094, Government Code, the revision and codification by
947-25 this Act of a statute relating to a fund in existence on or before
947-26 August 31, 1993, does not re-create the fund and does not
947-27 constitute the reenactment of a dedication of revenue.
948-1 (b) A fund or account, the existence of which is derived
948-2 from a statute revised by this Act and which is abolished under
948-3 Section 403.094, Government Code, before the effective date of this
948-4 Act is not revived or re-created by this Act.
948-5 (c) The application of Sections 403.094 and 403.095,
948-6 Government Code, to a fund or to the permissible uses of revenue or
948-7 fund balances is not affected by this Act.
948-8 (d) The revision by this Act of a statute that conflicted
948-9 with an applicable provision of former Article 6252-31, Revised
948-10 Statutes, as added by Section 35, Chapter 641, Acts of the 72nd
948-11 Legislature, Regular Session, 1991, and revised in this Act as
948-12 Chapter 2103, Government Code, does not prevail over that article
948-13 unless the law from which the revised provision was derived
948-14 prevailed over that article.
948-15 (e) The repeal of Article 6252-20b, Vernon's Texas Civil
948-16 Statutes, by Section 46 of this Act and the codification of that
948-17 article as Chapter 659, Government Code, by Section 1 of this Act
948-18 does not affect a state employee who received hazardous duty pay
948-19 based on total state service performed before May 29, 1987, and the
948-20 employee is entitled to receive hazardous duty pay based on those
948-21 services if, on or after May 29, 1987, the employee holds a
948-22 position that requires the performance of hazardous duty. Any
948-23 other state employee who before May 29, 1987, received hazardous
948-24 duty pay based on the terms of any law enacted by the legislature
948-25 of this state is entitled to continue to receive hazardous duty pay
948-26 for services performed on or after May 29, 1987, in any position
948-27 designated under that law as eligible for the pay.
949-1 SECTION 49. EFFECTIVE DATE. This Act takes effect September
949-2 1, 1993.
949-3 SECTION 50. EMERGENCY. The importance of this legislation
949-4 and the crowded condition of the calendars in both houses create an
949-5 emergency and an imperative public necessity that the
949-6 constitutional rule requiring bills to be read on three several
949-7 days in each house be suspended, and this rule is hereby suspended.