By: Armbrister S.B. No. 751
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the benefits and expenses of the state and state
1-2 officers and employees and the powers and duties of the
1-3 comptroller.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (5), Section 1, Article 4591.2,
1-6 Revised Statutes, is amended to read as follows:
1-7 (5) "State holiday" means:
1-8 (A) the 19th day of January;
1-9 (B) the second day of March;
1-10 (C) the 21st day of April;
1-11 (D) the 19th day of June;
1-12 (E) the 27th day of August;
1-13 (F) every day on which an election is held
1-14 throughout the state;
1-15 (G) the <fourth> Friday following the fourth
1-16 Thursday in <of> November;
1-17 (H) the 24th day of December; and
1-18 (I) the 26th day of December.
1-19 SECTION 2. Section 3, Article 4591.2, Revised Statutes, is
1-20 amended to read as follows:
1-21 Sec. 3. A state agency must have enough state employees on
1-22 duty during a state holiday to conduct the public business of the
1-23 agency. This section does not apply to a state holiday that falls
2-1 on a Saturday or Sunday, the <fourth> Friday following the fourth
2-2 Thursday in <of> November, the 24th day of December, or the 26th
2-3 day of December.
2-4 SECTION 3. Subsection (c), Section 6, Article 4591.2,
2-5 Revised Statutes, is amended to read as follows:
2-6 (c) A state employee may not agree to relinquish the
2-7 <fourth> Friday following the fourth Thursday in <of> November, the
2-8 24th day of December, or the 26th day of December.
2-9 SECTION 4. Section 8, Article 4591.2, Revised Statutes, is
2-10 amended to read as follows:
2-11 Sec. 8. (a) A state employee who begins working for a state
2-12 agency on the first workday of a month is entitled to be paid for a
2-13 state holiday or national holiday that occurs before the first
2-14 workday if the holiday:
2-15 (1) occurs during the month; and
2-16 (2) does not fall on a Saturday or Sunday.
2-17 (b) A state employee who stops working for a state agency on
2-18 the last workday of a month is entitled to be paid for a state
2-19 holiday or national holiday that occurs after the last workday if
2-20 the holiday:
2-21 (1) occurs during the month; and
2-22 (2) does not fall on a Saturday or Sunday.
2-23 (c) A state employee who stops working for a state agency
2-24 during a month is entitled to be paid for a state holiday or
2-25 national holiday if the employee is working on the last workday
3-1 preceding or the first workday following the holiday. This
3-2 subsection applies only if Subsections (a) and (b) of this section
3-3 do not apply.
3-4 (d) In this section, "workday" means a day on which a state
3-5 employee is normally scheduled to work.
3-6 (e) For the purpose of this section:
3-7 (1) a state employee who is on vacation leave, sick
3-8 leave, or other type of paid leave is working for a state agency
3-9 during the period of the leave; and
3-10 (2) a state employee who is on leave without pay or
3-11 other type of unpaid leave is not working for a state agency during
3-12 the period of the leave.
3-13 SECTION 5. Article 4591.2, Revised Statutes, is amended by
3-14 adding Section 10 to read as follows:
3-15 Sec. 10. The comptroller may adopt procedures and rules to
3-16 administer this article.
3-17 SECTION 6. Chapter 217, Acts of the 61st Legislature,
3-18 Regular Session, 1969 (Article 6252-8a, Vernon's Texas Civil
3-19 Statutes), is amended by adding Section 3B to read as follows:
3-20 Sec. 3B. The comptroller may adopt procedures and rules to
3-21 administer this Act.
3-22 SECTION 7. Section 1, Chapter 298, Acts of the 64th
3-23 Legislature, 1975 (Article 6252-8b, Vernon's Texas Civil Statutes),
3-24 is amended by adding Subsection (i) to read as follows:
3-25 (i) The comptroller may adopt procedures and rules to
4-1 administer this section.
4-2 SECTION 8. Title 110A, Revised Statutes, is amended by
4-3 adding Article 6252-15a to read as follows:
4-4 Art. 6252-15a. PAYMENT OF TRAVEL EXPENSES FROM APPROPRIATED
4-5 FUNDS
4-6 Sec. 1. DEFINITIONS. In this article:
4-7 (1) "Appropriated funds" means funds appropriated
4-8 under the General Appropriations Act.
4-9 (2) "Board" means a board, commission, committee,
4-10 council, or similar entity in the executive, legislative, or
4-11 judicial branch of state government that comprises two or more
4-12 members.
4-13 (3) "Commercial lodging establishment" means a motel,
4-14 hotel, inn, apartment, or similar entity that furnishes lodging to
4-15 the public for pay.
4-16 (4) "Commercial transportation company" means an
4-17 entity that offers transportation of people or goods to the public
4-18 for pay.
4-19 (5) "Duty point" means the destination other than a
4-20 place of employment to which a state employee or member of the
4-21 legislature travels to conduct official state business. If the
4-22 destination is outside the employee's or member's designated
4-23 headquarters, then the duty point is:
4-24 (A) the incorporated municipality in which the
4-25 destination is located; or
5-1 (B) the area within a five-mile radius of the
5-2 destination if the destination is located in an unincorporated
5-3 area.
5-4 (6) "Head of agency" includes an elected state
5-5 official; an appointed state official, including an official whose
5-6 appointment is still subject to senate confirmation; a first
5-7 assistant, chief deputy, or chief clerk who is specifically
5-8 authorized by law to act for the person's superior; a director of a
5-9 legislative interim committee or board; a head of an institution of
5-10 higher education; a head of a state hospital or special school;
5-11 and, for a state agency that is governed by a part-time board or
5-12 commission, an individual who has the day-to-day responsibility for
5-13 managing the agency's operations. The term does not include a
5-14 member of the legislature.
5-15 (7) "Incidental expense" means an expense incurred
5-16 while traveling on official state business. The term includes
5-17 mandatory insurance charges incurred when traveling within or
5-18 outside the state and applicable taxes except taxes on meals. The
5-19 term does not include expenses for meals, lodging, or
5-20 transportation; expenses of a personal nature; expenses that a
5-21 state employee or member of the legislature would incur regardless
5-22 of whether the employee or member were traveling on official state
5-23 business; and tips and gratuities.
5-24 (8) "Institution of higher education" has the meaning
5-25 assigned by Section 61.003, Education Code, and its subsequent
6-1 amendments.
6-2 (9) "Key official" means a head of agency or a
6-3 person holding a position that has been designated as an exempt
6-4 position in the General Appropriations Act or by action of the
6-5 governor under the Position Classification Act of 1961 (Article
6-6 6252-11, Vernon's Texas Civil Statutes) and its subsequent
6-7 amendments.
6-8 (10) "Lease" means a contract for a term of at least
6-9 one month giving the lessee the exclusive possession and use of
6-10 property or equipment although the lessor retains ownership
6-11 throughout the duration of the contract.
6-12 (11) "Place of employment" means the office or
6-13 location at which a state employee or member of the legislature
6-14 routinely conducts official state business.
6-15 (12) "Rented or public conveyance" means a motor
6-16 vehicle, train, aircraft, boat, or bicycle that a state employee or
6-17 member of the legislature either rents or pays a fare to use on a
6-18 short-term basis while traveling on official state business.
6-19 (13) "State agency" means a unit of state government
6-20 that uses appropriated funds to pay or reimburse the
6-21 transportation, meals, lodging, and incidental expenses of its
6-22 state employees or members of the legislature.
6-23 (14) "State employee" means a person employed by a
6-24 state agency. The term includes a key official unless this article
6-25 specifically indicates otherwise.
7-1 (15) "Travel expense" means a meal, lodging,
7-2 transportation, or incidental expense.
7-3 Sec. 2. GENERAL PROVISIONS. (a) A state agency may not
7-4 expend appropriated funds to pay or reimburse travel expenses
7-5 unless the travel and the resulting request for payment or
7-6 reimbursement comply with this article.
7-7 (b) This article is inapplicable to the extent necessary to
7-8 avoid an irreconcilable conflict with a federal law or regulation.
7-9 (c) Notwithstanding anything in this article, a state agency
7-10 may pay or reimburse travel expenses only if:
7-11 (1) the travel expenses are necessary and reasonable;
7-12 (2) the purpose of the travel clearly involves
7-13 official state business and is consistent with the legal
7-14 responsibilities of the agency; and
7-15 (3) for travel outside this state, the travel is
7-16 approved in advance in accordance with the policy of the agency.
7-17 (d) A state agency may pay or reimburse the travel expenses
7-18 of a state employee of another state agency if the employee
7-19 incurred the expenses while providing services to the paying or
7-20 reimbursing agency.
7-21 (e) Travel expenses may not be paid or reimbursed unless a
7-22 voucher submitted to the comptroller identifies persons contacted,
7-23 places visited, or otherwise describes the nature of the official
7-24 state business performed.
7-25 (f) If a state agency may directly pay a commercial lodging
8-1 establishment or commercial transportation company under this
8-2 article, the agency may instead pay a credit card issuer or travel
8-3 agency for the lodging or transportation. The documentation
8-4 required for direct payment to a commercial lodging establishment
8-5 or commercial transportation company is required for payment to a
8-6 credit card issuer or travel agency.
8-7 (g) A state agency that requires a state employee on
8-8 personal leave to return to the employee's designated headquarters
8-9 from another location may pay or reimburse the employee for the
8-10 travel expenses incurred by the employee while traveling to the
8-11 headquarters. The agency may pay or reimburse the travel expenses
8-12 incurred by the employee while traveling back to the location at
8-13 which the employee was staying while on personal leave if the
8-14 employee resumes personal leave status.
8-15 (h) A state agency may pay or reimburse a state employee or
8-16 member of the legislature for a cancellation charge if:
8-17 (1) the charge is incurred for a reason related to
8-18 official state business; or
8-19 (2) the charge:
8-20 (A) is related to transportation expenses that
8-21 were paid in advance to obtain lower rates; and
8-22 (B) is incurred because the employee or member
8-23 who was anticipated to use the transportation cannot because of the
8-24 employee's or member's illness or family emergency.
8-25 (i) A state agency may pay or reimburse a state employee for
9-1 the travel expenses the employee incurs while using personal or
9-2 compensatory leave if:
9-3 (1) the leave is used while the employee is away from
9-4 the employee's designated headquarters;
9-5 (2) the primary purpose of the employee being away is
9-6 to conduct official state business; and
9-7 (3) the agency determines that returning the employee
9-8 to the employee's designated headquarters while using the leave
9-9 would not be cost-effective or would be impracticable.
9-10 (j) A state agency may reimburse a state employee for the
9-11 employee's incidental expenses in accordance with rules adopted by
9-12 the comptroller.
9-13 (k) The comptroller shall adopt rules for the effective and
9-14 efficient administration of this article, including rules about the
9-15 payment of incidental expenses and the rental of apartments.
9-16 Sec. 3. CONSERVATION OF FUNDS. (a) A state agency shall
9-17 minimize the travel expenses incurred by the agency and its state
9-18 employees to the extent possible given the agency's legal
9-19 responsibilities. A state agency shall ensure that travel expense
9-20 arrangements are the most cost efficient considering all relevant
9-21 circumstances.
9-22 (b) A state agency may specify a payment or reimbursement
9-23 rate that is less than the maximum rate specified in this article
9-24 or the General Appropriations Act for travel expenses. The lower
9-25 rate may apply only to a travel expense incurred after the agency
10-1 has notified the affected state employees and members of the
10-2 legislature in writing about the lower rate. The agency is solely
10-3 responsible for enforcing its lower rate.
10-4 (c) A state agency may pay or reimburse a state employee for
10-5 additional travel expenses incurred during a period the employee
10-6 extended the employee's travel to take advantage of a lower airfare
10-7 if:
10-8 (1) the sum of the additional expenses and the lower
10-9 airfare is not more than the average economy airfare between the
10-10 employee's designated headquarters and the duty point;
10-11 (2) any rental car used during the extended travel was
10-12 rented during the period when the employee conducted official state
10-13 business; and
10-14 (3) it is in the employing state agency's interest for
10-15 the employee to be absent from the employee's designated
10-16 headquarters for the period of extended travel.
10-17 Sec. 4. DESIGNATED HEADQUARTERS. (a) The designated
10-18 headquarters of a state employee or member of the legislature is
10-19 the area within the boundaries of the incorporated municipality
10-20 where the employee's or member's place of employment is located.
10-21 (b) If the place of employment of a state employee or member
10-22 of the legislature is located within an unincorporated area, then
10-23 the area within a five-mile radius of the place of employment is
10-24 the employee's or member's designated headquarters.
10-25 (c) If an incorporated or unincorporated municipality or
11-1 area is completely surrounded by the incorporated municipality in
11-2 which the place of employment of a state employee or member of the
11-3 legislature is located, then the employee's or member's designated
11-4 headquarters includes the surrounded municipality or area.
11-5 Sec. 5. INTERNATIONAL TRAVEL. (a) A state agency may not
11-6 pay or reimburse travel expenses incurred by a state employee while
11-7 traveling outside of the United States, its territories and
11-8 possessions, Mexico, or Canada, unless the governor provides
11-9 written approval of the travel before the travel begins.
11-10 (b) The governor may give general approval for international
11-11 travel by:
11-12 (1) state employees of the division of the Texas
11-13 Department of Commerce responsible for international trade
11-14 development; and
11-15 (2) state employees who are law enforcement personnel
11-16 of the Department of Public Safety.
11-17 (c) When Subsection (a) of this section requires the
11-18 governor's written approval of travel before a payment or
11-19 reimbursement may be made, a copy of the approval must be attached
11-20 to the voucher requesting the payment or reimbursement.
11-21 Sec. 6. TRANSPORTATION EXPENSES; PERSONALLY OWNED OR LEASED
11-22 MOTOR VEHICLE. (a) A state agency shall reimburse a state
11-23 employee for use of a motor vehicle as provided in this section.
11-24 This section applies only to reimbursement for use of a motor
11-25 vehicle owned or leased by the employee.
12-1 (b) A state agency may not reimburse a state employee under
12-2 this section for expenses other than:
12-3 (1) mileage;
12-4 (2) tolls; and
12-5 (3) airport parking or other parking expenses incurred
12-6 while the employee is traveling.
12-7 (c) When a mileage reimbursement is payable under this
12-8 section, the amount of the reimbursement may not exceed the product
12-9 of:
12-10 (1) the applicable mileage reimbursement rate; and
12-11 (2) the actual miles traveled as limited by this
12-12 section.
12-13 (d) The mileage reimbursement rate for travel occurring
12-14 during a fiscal year is equal to the maximum fixed mileage
12-15 allowance specified in applicable revenue rulings issued by the
12-16 Internal Revenue Service as of August 1 preceding the start of the
12-17 year. The comptroller shall announce the mileage reimbursement
12-18 rate for a fiscal year as soon as possible after August 1 of the
12-19 preceding fiscal year. The legislature shall include a maximum and
12-20 minimum mileage reimbursement rate in each General Appropriations
12-21 Act.
12-22 (e) The amount of a mileage reimbursement for travel within
12-23 this state shall be based on the lowest mileage between the origin
12-24 and the final duty point. If a state employee conducts official
12-25 state business at duty points between the origin and the final duty
13-1 point, then the determination of the lowest mileage must include
13-2 the business conducted at the intermediate duty points. For
13-3 purposes of determining the lowest mileage, farm-to-market and
13-4 ranch-to-market roads shall be included. The comptroller shall
13-5 periodically adopt a mileage guide that includes a chart showing
13-6 the lowest mileage between points. A state agency may reimburse a
13-7 state employee for mileage that exceeds the lowest mileage
13-8 specified in the adopted mileage guide if point-to-point mileage is
13-9 listed on the voucher submitted to the comptroller.
13-10 (f) When two, three, or four state employees of the same
13-11 state agency with the same itinerary travel on the same dates and
13-12 on the same official state business, the agency may reimburse only
13-13 one of those employees for mileage. If more than four employees of
13-14 the same state agency with the same itinerary travel on the same
13-15 dates and on the same official state business, then a state agency
13-16 may reimburse for mileage on the basis of one vehicle for each four
13-17 employees and for each fraction in excess of a multiple of four
13-18 employees. This subsection does not apply if a head of agency
13-19 determines before travel that it is infeasible for employees to
13-20 travel together in the same motor vehicle.
13-21 (g) Except as provided by Subsection (l) of this section, a
13-22 state agency shall reimburse a state employee for mileage when the
13-23 employee travels between the employee's place of employment and the
13-24 employee's duty point. If the duty point is outside this state,
13-25 the reimbursement may not exceed the amount the agency would have
14-1 paid or reimbursed had the employee flown using the average economy
14-2 airfare, including mileage reimbursement for travel between the
14-3 employee's place of employment and the airport, parking fees, and
14-4 other necessary and reasonable expenses that would have been
14-5 incurred at the airport had the employee flown.
14-6 (h) A state agency shall reimburse a state employee for
14-7 mileage when the employee travels between the location where the
14-8 employee conducts official state business and:
14-9 (1) the location where the employee obtains a meal if
14-10 the meal expense is reimbursable under this article and the
14-11 employee's voucher shows the point-to-point mileage; or
14-12 (2) the location where the employee lodges if the
14-13 lodging expense is reimbursable under this article and the
14-14 employee's voucher shows the point-to-point mileage.
14-15 (i) A state agency may reimburse a state employee for
14-16 mileage when the employee travels between the employee's residence
14-17 and the nearest airport. If the travel occurs during working
14-18 hours, the mileage reimbursement may not exceed the reimbursement
14-19 that would have been paid had the employee traveled between the
14-20 employee's place of employment and the airport. A state agency may
14-21 reimburse a state employee for mileage incurred by another person
14-22 while transporting the employee between the employee's residence
14-23 and the nearest airport if the employee demonstrates that the
14-24 mileage reimbursement is less than the expense of parking a motor
14-25 vehicle at the airport.
15-1 (j) Except as provided by Subsection (l) of this section, a
15-2 state agency may reimburse a state employee for mileage when the
15-3 employee travels between the employee's residence and the
15-4 employee's duty point. If the travel occurs during working hours,
15-5 the reimbursement for the travel may not exceed the mileage
15-6 reimbursement that would have been paid had the employee traveled
15-7 between the employee's place of employment and the duty point. If
15-8 the travel occurs before working hours on a working day, the
15-9 reimbursement for the travel may not exceed the reimbursement that
15-10 would be due had the employee traveled between the employee's place
15-11 of employment and the duty point unless the travel is necessary
15-12 because of an unforeseen emergency related to official state
15-13 business.
15-14 (k) Except as provided by Subsection (l) of this section, a
15-15 state agency may not reimburse a state employee for mileage when
15-16 the employee travels between the employee's residence and the
15-17 employee's place of employment unless:
15-18 (1) extraordinary circumstances, as defined by the
15-19 comptroller by rule, necessitate the travel; and
15-20 (2) the travel occurs during nonworking hours.
15-21 (l) This subsection applies when a state employee travels
15-22 between the employee's residence and the employee's duty point with
15-23 an intermediate stop at the employee's place of employment if the
15-24 primary purpose of the stop is to obtain or drop off supplies or
15-25 equipment used at the duty point. A state agency may reimburse a
16-1 state employee for the travel in accordance with this subsection.
16-2 (1) The mileage eligible for reimbursement includes
16-3 the miles traveled to and from the place of employment if:
16-4 (A) the state employee's travel occurs:
16-5 (i) before working hours on a working day;
16-6 or
16-7 (ii) on a nonworking day; and
16-8 (B) the travel is necessary because of an
16-9 unforeseen emergency related to official state business.
16-10 (2) The mileage reimbursement for the travel may not
16-11 exceed the mileage reimbursement that would have been paid had the
16-12 employee traveled between the employee's place of employment and
16-13 the employee's duty point if:
16-14 (A) the travel occurs during working hours; or
16-15 (B) the travel occurs at another time and the
16-16 travel is not necessary because of an unforeseen emergency related
16-17 to official state business.
16-18 (m) This subsection applies when two or more state employees
16-19 travel together outside this state in a motor vehicle that one of
16-20 the employees owns or leases. The mileage reimbursement for the
16-21 use of the vehicle shall be based on the total miles between the
16-22 owner's or lessee's place of employment and the employees' duty
16-23 point. The reimbursement may not exceed the total expense had each
16-24 employee flown using the average economy airfare, including mileage
16-25 reimbursement for travel between the employees' places of
17-1 employment and the airport, parking fees, and other necessary and
17-2 reasonable expenses that would have been incurred at the airport
17-3 had the employees flown.
17-4 (n) A state employee traveling to a duty point outside this
17-5 state that is not directly served by a commercial airline is
17-6 entitled to a mileage reimbursement for the travel. The
17-7 reimbursement may not exceed the sum of:
17-8 (1) the average economy airfare to the city directly
17-9 served by a commercial airline that is closest to the duty point;
17-10 (2) the product of:
17-11 (A) the miles between the duty point and the
17-12 city directly served by a commercial airline that is closest to the
17-13 duty point; and
17-14 (B) the applicable mileage reimbursement rate;
17-15 and
17-16 (3) the amount of expenses other than airfare that the
17-17 employee would have incurred had the employee flown, including
17-18 mileage reimbursement for travel between the employee's place of
17-19 employment and the airport, parking fees, and other necessary and
17-20 reasonable expenses that would have been incurred at the airport.
17-21 Sec. 7. TRANSPORTATION EXPENSES; PERSONALLY OWNED OR LEASED
17-22 AIRCRAFT. (a) A state employee, a key official, a member of a
17-23 board, or a member of the legislature is entitled to reimbursement
17-24 for use of an aircraft owned or leased by the employee, official,
17-25 or member in accordance with this section.
18-1 (b) A reimbursement under this section may not exceed the
18-2 product of:
18-3 (1) the aircraft mileage rate established in the
18-4 General Appropriations Act; and
18-5 (2) the highway mileage between the designated
18-6 headquarters and duty point of the state employee, key official,
18-7 member of a board, or member of the legislature.
18-8 (c) The General Appropriations Act may establish different
18-9 aircraft mileage rates:
18-10 (1) for travel in:
18-11 (A) a single engine aircraft;
18-12 (B) a twin engine aircraft; and
18-13 (C) a turbine powered aircraft; and
18-14 (2) for travel by:
18-15 (A) a state employee;
18-16 (B) a key official;
18-17 (C) a member of a board; and
18-18 (D) a member of the legislature.
18-19 (d) A key official, member of a board, or a member of the
18-20 legislature who travels with another official or member in an
18-21 aircraft owned or leased by the other official or member is
18-22 entitled to an amount equal to the amount that would have been paid
18-23 or reimbursed had the official or member paid the average economy
18-24 airfare.
18-25 (e) The comptroller shall adopt procedures under which
19-1 reimbursements to key officials, members of boards, and members of
19-2 the legislature under Subsections (a) and (d) of this section may
19-3 be aggregated into a single payment and paid either to the
19-4 individual owning or leasing the aircraft or to a vendor providing
19-5 a leased aircraft. The aggregate reimbursement may not exceed the
19-6 actual expense of the trip.
19-7 (f) A key official, a member of a board, or a member of the
19-8 legislature is entitled to reimbursement under this section for use
19-9 of an aircraft leased from a proprietorship, partnership, or
19-10 corporation in which the official or member has an interest.
19-11 Sec. 8. TRANSPORTATION EXPENSES; RENTED OR PUBLIC
19-12 CONVEYANCE. (a) A state agency may pay the actual expense of
19-13 transportation of a state employee who travels by rented or public
19-14 conveyance as provided by this section.
19-15 (b) The amount paid for commercial air transportation
19-16 between a state employee's designated headquarters and the
19-17 employee's duty point may not exceed the lowest rate available.
19-18 First or business class airfare may be paid only if it is the only
19-19 available airfare.
19-20 (c) A state agency may pay the expense of transportation by
19-21 limousine only if it is the lowest cost transportation considering
19-22 all relevant circumstances.
19-23 (d) A state agency may pay the expense of a state employee
19-24 traveling by rented or public conveyance by:
19-25 (1) reimbursing the employee as provided by Subsection
20-1 (e) of this section;
20-2 (2) directly paying the expense as provided by
20-3 Subsection (f) of this section; or
20-4 (3) paying the expense in advance of travel as
20-5 provided by Subsection (g) of this section.
20-6 (e) When a state agency reimburses a state employee for
20-7 travel by rented or public conveyance, receipts acceptable to the
20-8 comptroller for transportation expenses must be submitted to the
20-9 comptroller as attachments to the employee's voucher. Receipts for
20-10 mass transit, taxi, or limousine fares are not required to be
20-11 attached to the voucher.
20-12 (f) A state agency may request a commercial transportation
20-13 company to furnish transportation to designated state employees of
20-14 the agency. The company shall bill the expense of the
20-15 transportation services to the agency monthly. The company shall
20-16 list on its receipts and invoices the point of origin and point of
20-17 destination of each trip and the taxes charged. The comptroller
20-18 may make a payment to the company only on the agency's submission
20-19 of a voucher showing the detailed purpose of travel and the
20-20 necessary agency approval. The appropriate receipts and invoices
20-21 from the company must be attached to the voucher.
20-22 (g) A state agency may directly pay a commercial
20-23 transportation company before the travel of a state employee if the
20-24 payment would result in lower transportation expenses.
20-25 Sec. 9. EXPENSES FOR MEALS AND LODGING. (a) Subject to the
21-1 limitations of this section, a state agency shall reimburse a state
21-2 employee for the actual expense of meals and lodging incurred while
21-3 the employee travels.
21-4 (b) A state agency may not reimburse a state employee for
21-5 meals and lodging expenses the employee incurs while traveling:
21-6 (1) outside the employee's designated headquarters for
21-7 fewer than six consecutive hours; or
21-8 (2) within the employee's designated headquarters.
21-9 (c) A state agency may reimburse a state employee for meals
21-10 expenses incurred while traveling without an overnight stay away
21-11 from the employee's designated headquarters only if the agency's
21-12 head of agency authorizes the reimbursement.
21-13 (d) This subsection applies only to travel within this
21-14 state. The amount a state agency reimburses a state employee:
21-15 (1) for meals expenses incurred each day may not
21-16 exceed the limit established by the General Appropriations Act; and
21-17 (2) for lodging expenses incurred each day for each
21-18 location may not exceed the limit established by the General
21-19 Appropriations Act.
21-20 (e) This subsection applies only to travel outside this
21-21 state but within the continental United States. Unless the
21-22 comptroller authorizes a higher daily rate, the amount a state
21-23 agency reimburses a state employee for meals and lodging expenses
21-24 incurred each day may not exceed the locality-based, daily rates in
21-25 the federal travel regulations adopted by the General Services
22-1 Administration or its successor in function. The comptroller may
22-2 authorize a higher daily rate only if the comptroller determines
22-3 before travel that local conditions require the higher rate for a
22-4 particular destination. The comptroller may provide an
22-5 authorization only on a trip-by-trip basis. If a state employee
22-6 travels to a destination for which the federal travel regulations
22-7 have not established a rate, then the comptroller shall establish a
22-8 daily rate for that destination. The established rate may not
22-9 exceed the lowest rate in the federal travel regulations for the
22-10 state in which the destination is located unless the comptroller
22-11 determines, before the travel, that local conditions require a
22-12 higher rate.
22-13 (f) Instead of reimbursing a state employee for lodging
22-14 expenses, a state agency may request a commercial lodging
22-15 establishment to bill the agency directly for those expenses. The
22-16 comptroller may make a payment to the establishment only on the
22-17 agency's submission of a voucher showing the name and designated
22-18 headquarters of the employee and the daily lodging charges. A
22-19 receipt issued by the establishment must be attached to the voucher
22-20 and must show the room rate for a single occupancy and the daily
22-21 lodging charges.
22-22 (g) Except as provided in this subsection, a state employee
22-23 must attach to the employee's voucher a receipt acceptable to the
22-24 comptroller when requesting reimbursement of lodging expenses. A
22-25 head of agency other than a member of a board is not required to
23-1 attach a lodging receipt.
23-2 (h) A state agency shall reimburse a state employee for a
23-3 state, county, or local hotel occupancy tax or any similar tax
23-4 imposed by a law of this state, another state, or a foreign
23-5 country. A state agency shall reimburse a state employee for a
23-6 hotel occupancy or similar tax from which the employee is legally
23-7 exempt if the employee properly claims the exemption and the
23-8 commercial lodging establishment refuses to honor the exemption.
23-9 If a state agency directly pays a commercial lodging establishment
23-10 under Subsection (f) of this section, the agency may directly pay a
23-11 hotel occupancy or similar tax to the establishment.
23-12 (i) A state agency shall reimburse a state employee for
23-13 apartment rental expenses if:
23-14 (1) the purpose of the rental is the conservation of
23-15 appropriated funds; and
23-16 (2) the reimbursement and rental comply with the
23-17 comptroller's rules.
23-18 Sec. 10. TRAVEL BY STATE EMPLOYEES OF INSTITUTIONS OF HIGHER
23-19 EDUCATION. (a) For purposes of this article, official state
23-20 business includes the formal presentation of original research
23-21 before a regional, state, national, or international learned
23-22 society.
23-23 (b) The governing board of each institution of higher
23-24 education may delegate to its president, chief executive,
23-25 vice-presidents, deans, or fiscal officers the authority to approve
24-1 travel and the resulting payments and reimbursements. The
24-2 delegation of authority must specify the kind of travel that may be
24-3 approved and the termination date of the delegated authority. The
24-4 delegation of authority shall be entered in the official minutes of
24-5 the governing board, and a copy of the minutes shall be filed with
24-6 the comptroller.
24-7 (c) This article does not apply to travel expenses to the
24-8 extent paid or reimbursed from institutional funds. The governing
24-9 board of an institution of higher education may adopt procedures
24-10 and rules about the incurrence, payment, and reimbursement of those
24-11 expenses. In this subsection, "institutional funds" has the
24-12 meaning assigned by Section 51.009, Education Code, and its
24-13 subsequent amendments.
24-14 Sec. 11. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) A
24-15 member of the legislature, at the discretion of each house of the
24-16 legislature, is entitled to reimbursement of an amount equal to:
24-17 (1) the maximum per diem rate in the travel
24-18 regulations promulgated by the Internal Revenue Service for the
24-19 location at which the expenses are incurred; or
24-20 (2) the actual amount of meals, lodging, and
24-21 incidental expenses incurred.
24-22 (b) Subsection (a) of this section applies to the meals,
24-23 lodging, and incidental expenses that members of the legislature
24-24 incur while serving on a board.
24-25 (c) If a member of the legislature incurs expenses in a
25-1 location for which the travel regulations promulgated by the
25-2 Internal Revenue Service have not specifically established a
25-3 maximum per diem rate, the rate is equal to the lowest maximum per
25-4 diem rate for the state, territory, possession, or country in which
25-5 the expenses are incurred.
25-6 (d) Except where in conflict with this section, Sections 6
25-7 and 8 of this article apply to travel by a member of the
25-8 legislature in the same way that the sections apply to travel by a
25-9 state employee. Reimbursement to a member of the legislature under
25-10 those sections may be made regardless of whether the travel
25-11 includes travel to or from Austin.
25-12 (e) During a session of the legislature, a member of the
25-13 legislature may be reimbursed for transportation expenses on the
25-14 same mileage basis as is provided for state employees.
25-15 Sec. 12. TRAVEL BY PERSONS WITH DISABILITIES.
25-16 (a) Notwithstanding any other provision of this article, a state
25-17 agency may reimburse a state employee or a member of the
25-18 legislature with a disability for attendant care and other
25-19 necessary expenses incurred when the employee or member travels
25-20 inside or outside the employee's or member's respective designated
25-21 headquarters. A person with a disability may not be reimbursed for
25-22 the expenses incurred when traveling from the person's residence to
25-23 the person's place of employment except as otherwise provided in
25-24 this article for state employees.
25-25 (b) If the airfare is medically necessary, a state agency
26-1 may reimburse a state employee or member of the legislature with a
26-2 disability for the first or business class airfare of:
26-3 (1) the employee or member; and
26-4 (2) the attendant of the employee or member.
26-5 (c) If this article conflicts with a requirement of the
26-6 Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
26-7 seq.) or other applicable federal law, then the federal law
26-8 prevails over this article.
26-9 Sec. 13. SPECIAL PROVISIONS. (a) This subsection applies
26-10 to one or more state employees who the governor designates to
26-11 represent the governor at a governmental meeting or conference held
26-12 outside this state. The designees are entitled to reimbursement
26-13 for the actual meals, lodging, and incidental expenses incurred by
26-14 the designees while attending the meeting or conference.
26-15 (b) The legislature shall reimburse an employee of the
26-16 legislature:
26-17 (1) for the employee's actual expenses for meals and
26-18 lodging if incurred while traveling outside this state, in
26-19 accordance with Section 301.030(b), Government Code, and its
26-20 subsequent amendments; and
26-21 (2) for travel within this state, the amount
26-22 authorized under Section 301.030(a), Government Code, and its
26-23 subsequent amendments.
26-24 (c) A member of the legislature, a judicial officer, a head
26-25 of agency, the executive director of the Texas Legislative
27-1 Council, the secretary of the senate, or a member of a board who is
27-2 unable to attend a meeting or conference may designate an employee
27-3 to represent the member, officer, head of agency, executive
27-4 director, or secretary, as applicable, at the meeting or
27-5 conference. The designee is entitled to reimbursement for the
27-6 actual expenses for meals and lodging incurred by the designee
27-7 while attending the meeting or conference. A separate designation
27-8 under this subsection must be made for each meeting or conference.
27-9 (d) A judicial officer, a head of agency other than a member
27-10 of a board, the executive director of the Texas Legislative
27-11 Council, and the secretary of the senate are entitled to
27-12 reimbursement for actual expenses for meals and lodging for travel
27-13 whether inside or outside this state.
27-14 (e) A member of the legislature, a judicial officer, a head
27-15 of agency, the executive director of the Texas Legislative Council,
27-16 or the secretary of the senate may authorize reimbursement to a
27-17 state employee for actual expenses for meals and lodging for travel
27-18 with the member, officer, head of agency, executive director, or
27-19 secretary, as applicable. In this subsection, "state employee"
27-20 does not include a member of a board.
27-21 (f) A state agency may not reimburse expenses under
27-22 Subsection (a), (c), or (e) of this section unless the appropriate
27-23 head of agency or member of the legislature provides advance
27-24 written approval and an estimate of the approximate cost of the
27-25 travel.
28-1 (g) This article applies to a payment or reimbursement of
28-2 the travel expenses of a member of a board only if Chapter 428,
28-3 Acts of the 67th Legislature, Regular Session, 1981 (Article 6813f,
28-4 Vernon's Texas Civil Statutes), or other applicable law authorizes
28-5 the payment or reimbursement.
28-6 (h) This section applies notwithstanding any other provision
28-7 of this article.
28-8 Sec. 14. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) If a
28-9 state agency provides advance authorization to a prospective state
28-10 employee to visit the agency for an interview or other employment
28-11 evaluation, the agency may:
28-12 (1) reimburse the prospective state employee for the
28-13 travel expenses incurred while visiting the agency; or
28-14 (2) pay a vendor for the travel expenses incurred by
28-15 the prospective state employee while visiting the agency.
28-16 (b) A state agency must treat a prospective state employee
28-17 as though the prospective state employee were a state employee for
28-18 the purpose of:
28-19 (1) determining the amount of a reimbursement or a
28-20 payment to a vendor; and
28-21 (2) all other requirements in this article regarding a
28-22 reimbursement or a payment to a vendor.
28-23 Sec. 15. SUBMISSION AND AUDIT OF TRAVEL CLAIMS. (a) A
28-24 state agency must submit a travel claim on the voucher that the
28-25 comptroller requires. The comptroller may decide by rule the
29-1 design of the voucher and the information that must be included on
29-2 the voucher.
29-3 (b) The comptroller shall audit a travel claim in accordance
29-4 with Sections 403.011(12), 403.071, and 403.079, Government Code,
29-5 and their subsequent amendments.
29-6 Sec. 16. CONFLICTS OF INTEREST. Unless otherwise authorized
29-7 by law, a state employee may not accept money or a travel expense
29-8 reimbursement from a person or entity that the state intends to
29-9 audit, examine, or investigate or is auditing, examining, or
29-10 investigating. A state employee who violates this section shall
29-11 forfeit the money or travel expense reimbursement to the state.
29-12 The comptroller shall credit the forfeitures to the general revenue
29-13 fund.
29-14 Sec. 17. EXCESS REIMBURSEMENTS. When a state employee
29-15 receives a reimbursement of the employee's travel expenses that
29-16 exceeds the amount the employee is entitled to receive under this
29-17 article or the General Appropriations Act, the employee shall
29-18 immediately return the amount of the excess.
29-19 Sec. 18. EXCEPTION FOR CERTAIN FUNDS. (a) The requirements
29-20 of this article concerning the documentation or receipts that must
29-21 be submitted to the comptroller do not apply to payments or
29-22 reimbursements from:
29-23 (1) local funds; or
29-24 (2) funds that may be expended without the comptroller
29-25 issuing a warrant under Sections 404.046 and 404.069, Government
30-1 Code, and Article 6252-31, Revised Statutes, as added by Section
30-2 35, Chapter 641, Acts of the 72nd Legislature, Regular Session,
30-3 1991, and their subsequent amendments.
30-4 (b) The requirements of this article concerning the
30-5 documentation or receipts that must be submitted to the comptroller
30-6 apply when:
30-7 (1) an institution of higher education requests
30-8 reimbursement of a local fund from the state treasury for a travel
30-9 expense payment or reimbursement; or
30-10 (2) a state agency requests reimbursement of a fund
30-11 covered by Subsection (a)(2) of this section from the state
30-12 treasury for a travel expense payment or reimbursement.
30-13 (c) In this section, "local fund" has the meaning assigned
30-14 by Section 51.009, Education Code, and its subsequent amendments.
30-15 However, the term does not include a local fund that is deposited
30-16 in the state treasury.
30-17 SECTION 9. Title 110A, Revised Statutes, is amended by
30-18 adding Article 6252-15b to read as follows:
30-19 Art. 6252-15b. MOVING EXPENSES OF STATE EMPLOYEES
30-20 Sec. 1. DEFINITIONS. In this article:
30-21 (1) "Appropriated funds," "commercial transportation
30-22 company," "designated headquarters," "lease," and "state employee"
30-23 have the meanings assigned by Article 6252-15a, Revised Statutes,
30-24 and its subsequent amendments.
30-25 (2) "State agency" has the meaning assigned by Article
31-1 6252-15a, Revised Statutes, and its subsequent amendments, but does
31-2 not include a unit of state government in the legislative branch.
31-3 Sec. 2. PAYMENT AND REIMBURSEMENT AUTHORIZED. (a) A state
31-4 agency may use appropriated funds to reimburse the reasonable,
31-5 necessary, and resulting expenses of moving the household goods and
31-6 effects of a state employee who is transferred from one designated
31-7 headquarters to another if:
31-8 (1) the agency determines that the best interests of
31-9 the state will be served by the transfer; and
31-10 (2) the minimum distance between the boundaries of the
31-11 two designated headquarters is at least 25 miles.
31-12 (b) A state agency may use appropriated funds to reimburse
31-13 the reasonable, necessary, and resulting expenses of moving the
31-14 household goods and effects of a new state employee if:
31-15 (1) the agency determines that the best interests of
31-16 the state will be served by the payment; and
31-17 (2) the distance between the employee's old and new
31-18 permanent residences is at least 25 miles.
31-19 (c) In this article:
31-20 (1) a state employee is a new state employee if the
31-21 employee is newly employed by the state agency paying the moving
31-22 expenses; and
31-23 (2) a state employee who transfers from one state
31-24 agency to another state agency is a new state employee of the
31-25 second state agency.
32-1 (d) If available, state-owned equipment must be used to move
32-2 the household goods and effects of a transferring or new state
32-3 employee. If state-owned equipment is unavailable, a state agency
32-4 may reimburse the employee for the services of a commercial
32-5 transportation company or for self-service vehicles to make the
32-6 move.
32-7 (e) A state agency may pay a mileage reimbursement to a
32-8 transferring or new state employee for reasonable and necessary
32-9 moving-related travel by personally owned or leased motor vehicle.
32-10 The reimbursement must comply with Section 6, Article 6252-15a,
32-11 Revised Statutes, and its subsequent amendments.
32-12 (f) A state agency may reimburse a transferring or new state
32-13 employee for storage expenses if:
32-14 (1) the agency requires the employee to live in
32-15 state-owned housing; and
32-16 (2) the housing is not available at the time the
32-17 agency requires the move to be made.
32-18 (g) When this section authorizes a state agency to reimburse
32-19 the expenses of moving or storing the household goods and effects
32-20 of a transferring or new state employee, the agency may instead
32-21 directly pay those expenses to appropriate commercial
32-22 transportation companies or other vendors.
32-23 Sec. 3. RECEIPTS OR INVOICES REQUIRED. (a) Except as
32-24 provided by Subsection (b) of this section, appropriated funds may
32-25 not be used to pay expenses under this article unless receipts or
33-1 invoices evidencing the expenses are submitted to the comptroller.
33-2 (b) Subsection (a) of this section does not apply to
33-3 payments from a local fund. Subsection (a) of this section does
33-4 apply when a state agency seeks reimbursement of a local fund for a
33-5 payment from the fund.
33-6 SECTION 10. Title 110A, Revised Statutes, is amended by
33-7 adding Article 6252-15c to read as follows:
33-8 Art. 6252-15c. VEHICULAR EQUIPMENT
33-9 Sec. 1. DEFINITION. In this article, "appropriated funds"
33-10 has the meaning assigned by Article 6252-15a, Revised Statutes, and
33-11 its subsequent amendments.
33-12 Sec. 2. APPLICABILITY. This article does not apply to the
33-13 purchase, operation, and maintenance of aircraft.
33-14 Sec. 3. USE OF APPROPRIATED FUNDS. (a) Except as provided
33-15 by Subsections (b) and (c) of this section, a state agency may not
33-16 use appropriated funds for the purchase, operation, and maintenance
33-17 of vehicles.
33-18 (b) The following state agencies may use appropriated funds
33-19 to purchase, operate, and maintain vehicles designed for passenger
33-20 transportation:
33-21 (1) the Texas Youth Commission;
33-22 (2) the Adjutant General's Department;
33-23 (3) the Texas Alcoholic Beverage Commission;
33-24 (4) the Department of Agriculture;
33-25 (5) the Office of the Attorney General;
34-1 (6) the General Services Commission;
34-2 (7) the Texas Department of Criminal Justice;
34-3 (8) the Texas Department of Transportation;
34-4 (9) the Texas Historical Commission;
34-5 (10) the General Land Office and Veteran's Land Board;
34-6 (11) the Parks and Wildlife Department;
34-7 (12) the Railroad Commission of Texas;
34-8 (13) the Department of Public Safety;
34-9 (14) the Texas Water Commission;
34-10 (15) the Texas Water Development Board;
34-11 (16) the Texas State Board of Plumbing Examiners;
34-12 (17) the State Board of Pharmacy; and
34-13 (18) the Texas Low-Level Radioactive Waste Disposal
34-14 Authority.
34-15 (c) A state agency may use appropriated funds to purchase,
34-16 operate, and maintain:
34-17 (1) a panel, pickup, or delivery truck if required for
34-18 the conveyance of special equipment;
34-19 (2) a motorcycle delivery unit;
34-20 (3) a dual control automobile used exclusively for
34-21 driver training;
34-22 (4) a passenger car equipped with a two-way radio if
34-23 the radio is directly required by the user's primary
34-24 responsibility;
34-25 (5) a motorcycle, jeep, or boat required and used for
35-1 fire prevention, fire fighting, or other activities for
35-2 safeguarding public safety, public property, or for criminal law
35-3 enforcement;
35-4 (6) an ambulance or other passenger vehicle
35-5 specifically equipped and regularly used for ambulance services;
35-6 and
35-7 (7) a bus, sedan, van, or station wagon regularly used
35-8 for transportation of more than one person and essential to the
35-9 efficient management of the agency as certified in a report filed
35-10 with the governor's Budget and Planning Office and the Legislative
35-11 Budget Board before acquisition.
35-12 Sec. 4. INTENT OF LEGISLATURE; REPORT. (a) The legislature
35-13 intends for a state agency authorized to purchase a vehicle to
35-14 purchase an economical, fuel-efficient vehicle assembled in the
35-15 United States if the purchase of the vehicle would not have a
35-16 significant detrimental effect on the public service being
35-17 performed through the use of the vehicle.
35-18 (b) A state agency shall include in the agency's annual
35-19 report to the governor's Budget and Planning Office and the
35-20 Legislative Budget Board a description of each vehicle purchased
35-21 under Section 3(b) of this article. The description must include
35-22 the make and model of the vehicle, the purchase price, the assigned
35-23 use, and the United States Environmental Protection Agency's fuel
35-24 efficiency rating for the vehicle.
35-25 Sec. 5. VEHICLE FOR PERSONAL USE. (a) Except as provided
36-1 by Subsection (b) of this section, a state agency may not use
36-2 appropriated funds to purchase, operate, or maintain a vehicle for
36-3 the personal use of a state official or employee.
36-4 (b) A state agency may not allow a state vehicle to be used
36-5 for commuting to or from work unless:
36-6 (1) the chief administrative officer of the agency
36-7 determines that the use is necessary to ensure performance of vital
36-8 agency functions;
36-9 (2) the chief administrative officer approves the use
36-10 for the person using the vehicle; and
36-11 (3) the agency's annual report to the governor's
36-12 Budget and Planning Office and the Legislative Budget Board reports
36-13 the use and specifies the reasons for the use.
36-14 SECTION 11. Title 110A, Revised Statutes, is amended by
36-15 adding Article 6252-15d to read as follows:
36-16 Art. 6252-15d. STATE-OWNED AIRCRAFT; USE OF LEASED AIRCRAFT
36-17 Sec. 1. DEFINITION. In this article, "appropriated funds"
36-18 has the meaning assigned by Article 6252-15a, Revised Statutes, and
36-19 its subsequent amendments.
36-20 Sec. 2. USE OF APPROPRIATED FUNDS. (a) A state agency may
36-21 not use appropriated funds for the purchase or lease, operation,
36-22 and maintenance of aircraft except as provided by this article.
36-23 (b) The following state agencies may use appropriated funds
36-24 to purchase, replace, operate, and maintain state-owned aircraft:
36-25 (1) The Texas A&M University System;
37-1 (2) The University of Texas System;
37-2 (3) the Texas State Technical College System;
37-3 (4) the Texas Department of Criminal Justice;
37-4 (5) the Texas Department of Transportation;
37-5 (6) the Department of Public Safety;
37-6 (7) the Parks and Wildlife Department;
37-7 (8) the Texas Forest Service; and
37-8 (9) the State Aircraft Pooling Board.
37-9 (c) All state-owned aircraft, including any aircraft
37-10 forfeited to or seized by a state agency, are subject to the
37-11 authority of the State Aircraft Pooling Board under the State
37-12 Aircraft Pooling Act (Article 4413 (34b), Vernon's Texas Civil
37-13 Statutes), and its subsequent amendments.
37-14 Sec. 3. REPLACEMENT AIRCRAFT. Appropriated funds may be
37-15 used to replace state-owned aircraft with aircraft of comparable
37-16 quality only if:
37-17 (a) the State Aircraft Pooling Board approves the
37-18 replacement; and
37-19 (b) the governor issues a finding of fact that a report has
37-20 been filed with the governor's office showing that:
37-21 (1) the aircraft to be replaced:
37-22 (A) has been destroyed;
37-23 (B) has deteriorated so that continued operation
37-24 presents a serious hazard; or
37-25 (C) no longer meets the requirements of the
38-1 state agency that is the principal user of the aircraft; and
38-2 (2) other state-owned aircraft cannot be effectively
38-3 used in lieu of a replacement aircraft.
38-4 Sec. 4. INTENT OF LEGISLATURE; USE BY OTHER AGENCIES;
38-5 SCHEDULING. (a) The legislature intends for state-owned aircraft
38-6 to be used by all state agencies.
38-7 (b) Each state agency that operates a state-owned aircraft
38-8 shall file an annual report with the Legislative Budget Board
38-9 detailing other agencies' use of the aircraft and the methods
38-10 employed to increase that use.
38-11 (c) Statewide elected officials shall be given priority in
38-12 the scheduling of aircraft. The State Aircraft Pooling Board may
38-13 require a 12-hour notice by an official before providing priority
38-14 scheduling to the official.
38-15 Sec. 5. LIABILITY INSURANCE. The State Aircraft Pooling
38-16 Board shall purchase liability insurance to protect the officers
38-17 and employees of state agencies operating state-owned aircraft.
38-18 Expenditures necessary to purchase the insurance shall be made on a
38-19 pro rata basis, as determined by the board, from appropriations
38-20 authorized to each agency operating a state-owned aircraft. The
38-21 comptroller shall transfer necessary amounts from the
38-22 appropriations of agencies operating state-owned aircraft to the
38-23 board for the purchase of the liability insurance.
38-24 Sec. 6. USE OF POOLING BOARD FACILITIES AND SERVICES.
38-25 (a) A state agency that operates an aircraft based in Austin shall
39-1 use the State Aircraft Pooling Board's facilities for storing,
39-2 maintaining, and fueling the aircraft to the extent the facilities
39-3 are available.
39-4 (b) A state agency that uses the board's services shall
39-5 reimburse the board for those services not later than the 30th day
39-6 after the date the agency receives the billing.
39-7 Sec. 7. RATES FOR INTERAGENCY USE OF AIRCRAFT. Rates
39-8 charged for interagency aircraft services are valid only if
39-9 approved by the State Aircraft Pooling Board. The board may not
39-10 approve the rates unless they are sufficient for recovery, to the
39-11 extent possible, of all direct expenses for the services provided,
39-12 including the pro rata share of major maintenance, overhauls, and
39-13 pilots' salaries.
39-14 Sec. 8. USE OF AIRCRAFT. Except for appropriations made to
39-15 the State Aircraft Pooling Board and the comptroller, appropriated
39-16 funds may not be expended for leasing or operating an aircraft
39-17 unless:
39-18 (1) the purpose of each flight of the aircraft is
39-19 official state business, as determined and certified to the
39-20 comptroller by the board;
39-21 (2) each passenger on each flight of the aircraft is a
39-22 state officer or employee, a person in the care or custody of a
39-23 state officer or employee, or a person whose transportation
39-24 furthers the official state business purpose of the flight;
39-25 (3) the destination of each flight of the aircraft is
40-1 not served by a commercial airline, the time required to use a
40-2 commercial airline interferes with other obligations, or the number
40-3 of state officers and employees on each flight of the aircraft
40-4 makes using the aircraft more cost-effective than using a
40-5 commercial airline;
40-6 (4) any speeches to be given by passengers on each
40-7 flight of the aircraft are related to official state business;
40-8 (5) the events attended by each passenger on each
40-9 flight of the aircraft are not sponsored by a political party and
40-10 are not for the promotion of a political party;
40-11 (6) no passenger on any flight of the aircraft
40-12 receives a fee or honorarium unless each passenger receiving a fee
40-13 or honorarium reimburses the state for the cost of transporting the
40-14 passenger on the flight;
40-15 (7) the business of each passenger on each flight of
40-16 the aircraft does not involve the raising of money for private or
40-17 political purposes; and
40-18 (8) the business of each passenger on each flight of
40-19 the aircraft does not involve the charging of a fee or an admission
40-20 charge to see or hear the passenger.
40-21 Sec. 9. LEASE OR RENTAL OF AIRCRAFT. (a) The State
40-22 Aircraft Pooling Board shall authorize a state agency to expend
40-23 appropriated funds to lease or rent an aircraft not owned by the
40-24 state if:
40-25 (1) a state-owned aircraft is not available through
41-1 the board; or
41-2 (2) the board determines that the lease or rental
41-3 would reduce the state's transportation costs.
41-4 (b) A state agency may not expend appropriated funds for the
41-5 lease or rental of aircraft not owned by the state unless:
41-6 (1) the State Aircraft Pooling Board has authorized
41-7 the expenditure under Subsection (a) of this section; or
41-8 (2) the agency is reimbursing mileage as authorized by
41-9 Article 6252-15a, Revised Statutes, and its subsequent amendments.
41-10 (c) Subsection (b) of this subsection does not apply to a
41-11 state agency in the legislative branch.
41-12 SECTION 12. Section 1, Chapter 211, Acts of the 66th
41-13 Legislature, 1979 (Article 6252-20b, Vernon's Texas Civil
41-14 Statutes), is amended by adding Subsection (d) to read as follows:
41-15 (d) The comptroller may adopt procedures and rules to
41-16 administer this Act.
41-17 SECTION 13. Section 1, Chapter 2, Acts of the 64th
41-18 Legislature, 1975 (Article 6813c, Vernon's Texas Civil Statutes),
41-19 is amended to read as follows:
41-20 Sec. 1. The <Travel expense reimbursements and the> state's
41-21 participation in group insurance premiums for all state officers
41-22 and employees shall be in such sums or amounts as may be provided
41-23 for by the legislature in the General Appropriations Act.
41-24 SECTION 14. Subdivision (1), Section 1, Article 6813d-1,
41-25 Revised Statutes, is amended to read as follows:
42-1 (1) "Full-time state employee" means<:>
42-2 <(A)> a state employee who <works in the
42-3 executive or judicial branch of state government and who> is
42-4 normally scheduled to work a total of at least 40 hours per week in
42-5 all positions held in state government <one position; or>
42-6 <(B) a state employee who works in the
42-7 legislative branch of state government and who is normally
42-8 scheduled to work a total of 40 or more hours per week in all
42-9 positions held in the legislative branch>.
42-10 SECTION 15. Section 3, Article 6813d-1, Revised Statutes, is
42-11 amended by adding Subsection (c) to read as follows:
42-12 (c) The longevity pay of a person whose compensation
42-13 includes the pay and who works for more than one state agency must
42-14 be paid by each employing state agency in proportion to the number
42-15 of hours the person works for each agency. If the person works at
42-16 least 40 hours each week for one state agency, then that agency
42-17 must pay the person's entire longevity pay.
42-18 SECTION 16. (a) Sections 1, 2, 3, 4, and 5, Article 6813g,
42-19 Revised Statutes, are amended to read as follows:
42-20 Sec. 1. DEFINITIONS. In this article:
42-21 (1) "Qualified vendor" means a vendor with which the
42-22 retirement system has contracted for participation in a
42-23 supplemental optional benefit program.
42-24 (2) "Retirement system" means the Employees Retirement
42-25 System of Texas.
43-1 (3) "State <"state> agency" means a department,
43-2 commission, board, office, or other agency of any branch of state
43-3 government, including an institution of higher education as defined
43-4 by Section 61.003, Education Code.
43-5 (4) "Supplemental optional benefit program" includes a
43-6 program of permanent life insurance.
43-7 Sec. 2. DEDUCTIONS <DEDUCTION AUTHORIZED>. (a) The
43-8 deductions authorized by this section are in <In> addition to
43-9 deductions for coverage under the Texas Employees Uniform Group
43-10 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
43-11 Code) or other law.
43-12 (b) An<, an> employee of a state agency may authorize <in
43-13 writing> a deduction each pay period from the employee's salary or
43-14 wage payment for coverage of the employee under a supplemental
43-15 optional benefits program<, including a program of permanent life
43-16 insurance, catastrophic illness insurance, disability insurance, or
43-17 prepaid legal services,> that <may be made if the program> has been
43-18 established <approved> by the retirement system <Employees
43-19 Retirement System of Texas> under Section 3 of this article. The
43-20 <written> authorization must direct the <comptroller or, if
43-21 applicable, the appropriate> financial officer of the employee's
43-22 employing state agency <an institution of higher education> to
43-23 transfer the deducted <withheld> funds to the program designated by
43-24 the employee. The <comptroller or> financial officer shall comply
43-25 with the direction.
44-1 (c) An employee of a state agency or the employee's designee
44-2 may change or revoke an authorization provided under Subsection (b)
44-3 of this section by giving notice to the agency.
44-4 Sec. 3. ELIGIBLE PROGRAMS <PROGRAM>. (a) Except as
44-5 provided by Subsection (b) of this section, the retirement system
44-6 <The Employees Retirement System of Texas> shall establish and
44-7 administer a supplemental optional benefit program if the
44-8 retirement system determines that the program promotes <designate
44-9 supplemental benefit programs that are eligible to receive
44-10 deductions under Section 2 of this article and that promote> the
44-11 interests of the state and state agency employees.
44-12 (b) The retirement system is not required to establish and
44-13 administer a supplemental optional benefit program if the
44-14 legislature has not appropriated sufficient funds to the retirement
44-15 system for the establishment and administration of the program.
44-16 (c) As provided by rules adopted by the retirement system,
44-17 the retirement system may contract with a qualified vendor or
44-18 vendors to participate in a supplemental optional benefit program.
44-19 The retirement system may include provisions in the contract
44-20 requiring the vendor or vendors to be audited annually by an
44-21 independent auditor that is paid by the vendor or vendors and
44-22 requiring the vendor or vendors to provide such information and
44-23 reports as the retirement system may deem appropriate.
44-24 (d) The retirement system may establish and administer more
44-25 than one supplemental optional benefit program.
45-1 Sec. 4. RULES <FORM; DURATION>. <(a)> The retirement
45-2 system shall adopt rules for the administration of each
45-3 supplemental optional benefit program established under Section 3
45-4 of this article. The rules must be consistent with the
45-5 requirements of the uniform statewide accounting system, including
45-6 the uniform statewide payroll system <payroll deduction must be
45-7 accomplished in a form and manner prescribed by the comptroller or
45-8 the appropriate financial officer of an institution of higher
45-9 education>.
45-10 <(b) The employee or the employee's designee may change or
45-11 revoke the deduction authorization by delivering written notice of
45-12 the change or revocation to the comptroller or financial officer,
45-13 as appropriate. The authorization is effective until the date the
45-14 comptroller or financial officer receives the notice. The notice
45-15 must be given in a form and manner prescribed by the comptroller or
45-16 financial officer.>
45-17 Sec. 5. VOLUNTARY PARTICIPATION. Participation by employees
45-18 of state agencies in any supplemental optional benefit <the>
45-19 program established by the retirement system <authorized by this
45-20 article> is voluntary.
45-21 (b) Section 6, Article 6813g, Revised Statutes, is repealed.
45-22 SECTION 17. (a) The Travel Regulations Act of 1959 (Article
45-23 6823a, Vernon's Texas Civil Statutes) is repealed.
45-24 (b) A reference to the Travel Regulations Act of 1959
45-25 (Article 6823a, Vernon's Texas Civil Statutes) in the General
46-1 Appropriations Act for fiscal years 1994 and 1995 is a reference to
46-2 Article 6252-15a, Revised Statutes, as added by this Act.
46-3 SECTION 18. Subsection (c), Section 3, Article 6826, Revised
46-4 Statutes, is amended to read as follows:
46-5 (c) In this section, "working day" means a day other than
46-6 Saturday, Sunday, or a national holiday<, or a state holiday> as
46-7 listed in the General Appropriations Act or Article 4591.2, Revised
46-8 Statutes. A day does not cease to be a national holiday because a
46-9 state agency maintains or is required to maintain a minimum working
46-10 staff on the holiday.
46-11 SECTION 19. Subsection (a), Section 24.019, Government Code,
46-12 is amended to read as follows:
46-13 (a) A district judge engaged in the discharge of official
46-14 duties in a county other than the judge's county of residence is
46-15 entitled to traveling and other necessary expenses, as provided by
46-16 <the Travel Regulations Act of 1959 (>Article 6252-15a, Revised
46-17 <6823a, Vernon's Texas Civil> Statutes<)>.
46-18 SECTION 20. Subsection (a), Section 43.004, Government Code,
46-19 is amended to read as follows:
46-20 (a) A district attorney engaged in the discharge of official
46-21 duties in a county other than the district attorney's county of
46-22 residence is entitled to traveling and other necessary expenses, as
46-23 provided by <the Travel Regulations Act of 1959 (>Article 6252-15a,
46-24 Revised <6823a, Vernon's Texas Civil> Statutes<)>.
46-25 SECTION 21. Subsection (c), Section 73.003, Government Code,
47-1 is amended to read as follows:
47-2 (c) If a case is transferred to a court that regularly sits
47-3 not more than 35 miles from the place the court from which the case
47-4 was transferred regularly sits, the court, at the discretion of its
47-5 chief justice and after notice to the parties or their counsel, may
47-6 hear oral arguments at the place it regularly sits. For purposes
47-7 of this subsection, the place where a court of appeals regularly
47-8 sits is that specified in Subchapter C, Chapter 22, and the mileage
47-9 between the places is that determined by the comptroller under
47-10 <Subsection c, Section 6, Travel Regulations Act of 1959 (>Article
47-11 6252-15a, Revised <6823a, Vernon's Texas Civil> Statutes<)>.
47-12 SECTION 22. Subsection (b), Section 403.0165, Government
47-13 Code, is amended to read as follows:
47-14 (b) The comptroller <by rule shall establish an annual
47-15 transfer authorization period and> shall promulgate rules for
47-16 transfers by employees to a certified eligible state employee
47-17 organization.
47-18 SECTION 23. Subchapter B, Chapter 403, Government Code, is
47-19 amended by adding Section 403.022 to read as follows:
47-20 Sec. 403.022. RULES. (a) The comptroller may adopt rules
47-21 to interpret, implement, and administer a state statute if:
47-22 (1) the statute specifically authorizes or requires
47-23 the comptroller to interpret, implement, or administer the statute;
47-24 or
47-25 (2) the comptroller determines that the rules are
48-1 necessary for fulfillment of the comptroller's constitutional or
48-2 statutory duties.
48-3 (b) Subsection (a) does not apply to a state statute if the
48-4 statute specifically authorizes the comptroller or a state agency
48-5 to adopt rules to interpret, implement, and administer the statute.
48-6 SECTION 24. Subsection (h), Section 40.303, Natural
48-7 Resources Code, is amended to read as follows:
48-8 (h) Appointed members shall not receive compensation for
48-9 their services but shall receive per diem and expenses for travel
48-10 while carrying out official business of the council, as provided by
48-11 the legislature in the General Appropriations Act pursuant to <the
48-12 Travel Regulation Act of 1959 (>Article 6252-15a, Revised <6823a,
48-13 Vernon's Texas Civil> Statutes<)>.
48-14 SECTION 25. This Act takes effect September 1, 1993.
48-15 SECTION 26. The importance of this legislation and the
48-16 crowded condition of the calendars in both houses create an
48-17 emergency and an imperative public necessity that the
48-18 constitutional rule requiring bills to be read on three several
48-19 days in each house be suspended, and this rule is hereby suspended.