By: Armbrister S.B. No. 751
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the benefits and expenses of state officers and
1-2 employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1 (5), Article 4591.2, Revised Statutes,
1-5 is amended to read as follows:
1-6 (5) "State holiday" means:
1-7 (A) the 19th day of January;
1-8 (B) the second day of March;
1-9 (C) the 21st day of April;
1-10 (D) the 19th day of June;
1-11 (E) the 27th day of August;
1-12 (F) every day on which an election is held
1-13 throughout the state;
1-14 (G) the <fourth> Friday following the fourth
1-15 Thursday in <of> November;
1-16 (H) the 24th day of December; and
1-17 (I) the 26th day of December.
1-18 SECTION 2. Section 3, Article 4591.2, Revised Statutes, is
1-19 amended to read as follows:
1-20 Sec. 3. A state agency must have enough state employees on
1-21 duty during a state holiday to conduct the public business of the
1-22 agency. This section does not apply to a state holiday that falls
1-23 on a Saturday or Sunday, the <fourth> Friday following the fourth
2-1 Thursday in <of> November, the 24th day of December, or the 26th
2-2 day of December.
2-3 SECTION 3. Subsection (c), Section 6, Article 4591.2,
2-4 Revised Statutes, is amended to read as follows:
2-5 (c) A state employee may not agree to relinquish the
2-6 <fourth> Friday following the fourth Thursday in <of> November, the
2-7 24th day of December, or the 26th day of December.
2-8 SECTION 4. Section 8, Article 4591.2, Revised Statutes, is
2-9 amended to read as follows:
2-10 Sec. 8. (a) A state employee who begins working for a state
2-11 agency on the first workday of a month is entitled to be paid for a
2-12 state holiday or national holiday that occurs before the first
2-13 workday if the holiday:
2-14 (1) occurs during the month; and
2-15 (2) does not fall on a Saturday or Sunday.
2-16 (b) A state employee who stops working for a state agency on
2-17 the last workday of a month is entitled to be paid for a state
2-18 holiday or national holiday that occurs after the last workday if
2-19 the holiday:
2-20 (1) occurs during the month; and
2-21 (2) does not fall on a Saturday or Sunday.
2-22 (c) A state employee who stops working for a state agency
2-23 during a month is entitled to be paid for a state holiday or
2-24 national holiday if the employee is working on the last workday
2-25 preceding or the first workday following the holiday. This
3-1 subsection applies only if Subsections (a) and (b) of this section
3-2 do not apply.
3-3 (d) In this section, "workday" means a day on which a state
3-4 employee is normally scheduled to work.
3-5 (e) For the purpose of this section:
3-6 (1) a state employee who is on vacation leave, sick
3-7 leave, or other type of paid leave is working for a state agency
3-8 during the period of the leave; and
3-9 (2) a state employee who is on leave without pay or
3-10 other type of unpaid leave is not working for a state agency during
3-11 the period of the leave.
3-12 SECTION 5. Article 4591.2, Revised Statutes, is amended by
3-13 adding Section 10 to read as follows:
3-14 Sec. 10. The comptroller may adopt procedures and rules to
3-15 administer this article.
3-16 SECTION 6. Chapter 217, Acts of the 61st Legislature,
3-17 Regular Session, 1969 (Article 6252-8a, Vernon's Texas Civil
3-18 Statutes), is amended by adding Section 3B to read as follows:
3-19 Sec. 3B. The comptroller may adopt procedures and rules to
3-20 administer this Act.
3-21 SECTION 7. Section 1, Chapter 298, Acts of the 64th
3-22 Legislature, Regular Session, 1975 (Article 6252-8b, Vernon's Texas
3-23 Civil Statutes), is amended by adding Subsection (i) to read as
3-24 follows:
3-25 (i) The comptroller may adopt procedures and rules to
4-1 administer this section.
4-2 SECTION 8. Section 1, Chapter 211, Acts of the 66th
4-3 Legislature, Regular Session, 1979 (Article 6252-20b, Vernon's
4-4 Texas Civil Statutes), is amended by adding Subsection (d) to read
4-5 as follows:
4-6 (d) The comptroller may adopt procedures and rules to
4-7 administer this Act.
4-8 SECTION 9. Section 1, Chapter 2, Acts of the 64th
4-9 Legislature, Regular Session, 1975 (Article 6813c, Vernon's Texas
4-10 Civil Statutes) is amended to read as follows:
4-11 Sec. 1. The <Travel expense reimbursements and the> state's
4-12 participation in group insurance premiums for all state officers
4-13 and employees shall be in such sums or amounts as may be provided
4-14 for by the legislature in the General Appropriations Act.
4-15 SECTION 10. Chapter 231, Acts of the 56th Legislature,
4-16 Regular Session, 1959 (Article 6823a, Vernon's Texas Civil
4-17 Statutes) is repealed.
4-18 SECTION 11. Title 117, Revised Statutes, is amended by
4-19 adding Article 6823c to read as follows:
4-20 Article 6823c. Travel of State Employees.
4-21 Sec. 1. DEFINITIONS. In this article:
4-22 (1) "Appropriated funds" means funds appropriated by
4-23 the General Appropriations Act.
4-24 (2) "Incidental expense" means a necessary and
4-25 reasonable expense that a state employee incurs while traveling on
5-1 official state business. The term excludes meal, lodging, and
5-2 transportation expenses; expenses of a personal nature; expenses
5-3 that a state employee would incur regardless of whether the
5-4 employee were traveling; and, tips and gratuities.
5-5 (3) "Institution of higher education" has the meaning
5-6 assigned by Section 61.003, Education Code.
5-7 (4) "State agency" means a unit of state government
5-8 that uses appropriated funds to pay or reimburse the travel
5-9 expenses of its state employees.
5-10 (5) "State employee" means an individual employed by a
5-11 state agency, including a state official, a head of agency, a chief
5-12 deputy, a chief clerk, and a key official. The term excludes a
5-13 member of the legislature.
5-14 (6) "Travel expense" means a meal, lodging,
5-15 transportation, or incidental expense.
5-16 Sec. 2. DESIGNATED HEADQUARTERS. The designated
5-17 headquarters for a state employee is the area within the boundaries
5-18 of the incorporated municipality where the employee's place of
5-19 employment is located. If a state employee's place of employment
5-20 is located within an unincorporated area, then the area within a
5-21 five mile radius of the place of employment is the employee's
5-22 designated headquarters. If an incorporated or unincorporated
5-23 municipality or area is completely surrounded by the incorporated
5-24 municipality in which an employee's place of employment is located,
5-25 then the employee's designated headquarters includes the surrounded
6-1 municipality or area.
6-2 Sec. 3 GENERAL APPROPRIATIONS ACT. (a) Except where in
6-3 conflict with this article, the General Appropriations Act governs
6-4 the procedures, amounts, timing, limits, required documentation,
6-5 permissible payees, distinctions between different types of state
6-6 employees, and all other details concerning travel expense
6-7 expenditures by a state agency.
6-8 (b) Except to the extent required by the laws, this article
6-9 and the travel provisions in the General Appropriations Act do not
6-10 apply when:
6-11 (1) a state agency pays, reimburses, or advances
6-12 travel expenses from other than appropriated funds;
6-13 (2) a state employee of the athletic department of an
6-14 institution of higher education incurs travel expenses; or
6-15 (3) a federal law or regulation irreconcilably
6-16 conflicts with this article or the travel provisions in the General
6-17 Appropriations Act.
6-18 Sec. 4. METHOD OF PAYMENT. (a) A state agency may
6-19 reimburse a state employee for a travel expense if the employee
6-20 incurs it while traveling on official state business.
6-21 (b) The General Appropriations Act may authorize a state
6-22 agency to pay a vendor for a travel expense if a state employee
6-23 incurs the expense while traveling on official state business.
6-24 Sec. 5. TRAVEL IN PERSONALLY OWNED OR LEASED MOTOR
6-25 VEHICLES. (a) This section applies when a state employee travels
7-1 on official state business via the employee's personally owned or
7-2 leased motor vehicle.
7-3 (b) A state agency may reimburse a state employee for
7-4 mileage at the mileage reimbursement rate specified in the General
7-5 Appropriations Act.
7-6 (c) Reimbursable mileage may not exceed the shortest highway
7-7 mileage between the point of origin and the final point of
7-8 destination. However, when a state employee conducts official
7-9 state business at points between the point of origin and the final
7-10 point of destination, the computation of the shortest highway
7-11 mileage must consider the business conducted at the intermediate
7-12 points.
7-13 (d) In computing the shortest route between points,
7-14 farm-to-market and ranch-to-market roads must be considered.
7-15 (e) The comptroller shall periodically adopt a mileage guide
7-16 that includes a chart showing the shortest route between points.
7-17 (f) A state agency may reimburse a state employee for
7-18 mileage that exceeds the mileage specified in the adopted mileage
7-19 guide if point-to-point mileage is listed on the claim form
7-20 submitted to the comptroller. This subsection does not authorize a
7-21 mileage reimbursement when this article or the General
7-22 Appropriations Act otherwise prohibits a mileage reimbursement.
7-23 (g) (1) When two, three, or four state employees of the same
7-24 state agency with the same itinerary travel on the same dates and
7-25 on the same official state business, the agency may reimburse only
8-1 one of those employees for the use of a personally owned or leased
8-2 motor vehicle.
8-3 (2) If more than four employees of the same state
8-4 agency with the same itinerary travel on the same dates and on the
8-5 same official state business, then a state agency may reimburse for
8-6 the use of a personally owned or leased motor vehicle on the basis
8-7 of one vehicle for each four employees and for each fraction in
8-8 excess of a multiple of four employees.
8-9 (3) This subsection does not apply if a head of agency
8-10 determines in advance of travel that it is infeasible for employees
8-11 to travel together in the same motor vehicle.
8-12 Sec. 6. RENTED OR PUBLIC CONVEYANCES. A state employee may
8-13 use rented or public conveyances when traveling on official state
8-14 business.
8-15 Sec. 7. TRAVEL TO FOREIGN COUNTRIES. (a) A state agency
8-16 may not pay or reimburse a state employee for the travel expenses
8-17 incurred while traveling to a foreign country unless the governor
8-18 provides written approval of the travel before the travel begins.
8-19 (b) The governor may give blanket approval for travel to
8-20 foreign countries to the Department of Public Safety and the
8-21 international trade development division of the Texas Department of
8-22 Commerce.
8-23 (c) This section does not apply when a state employee
8-24 travels to Mexico, Canada, or a possession of the United States.
8-25 Sec. 8. PERSONAL OR COMPENSATORY LEAVE. A state agency may
9-1 pay or reimburse a state employee for the travel expenses the
9-2 employee incurs while on personal or compensatory leave if:
9-3 (1) the personal or compensatory leave is used while
9-4 the employee is away from the employee's designated headquarters;
9-5 (2) the primary purpose of the employee being away
9-6 from the employee's designated headquarters is to conduct official
9-7 state business; and
9-8 (3) the agency determines that returning the employee
9-9 to the employee's designated headquarters while on personal or
9-10 compensatory leave would not be cost-effective or would be
9-11 impracticable.
9-12 Sec. 9. SUBMISSION AND AUDIT OF TRAVEL CLAIMS. (a) A state
9-13 agency must submit a travel reimbursement claim on the form that
9-14 the comptroller requires. The comptroller may decide by rule the
9-15 design of the form and the information that a state agency must
9-16 include on the form.
9-17 (b) The comptroller shall audit each travel claim in
9-18 accordance with Sections 403.011(12), 403.071, and 403.079,
9-19 Government Code.
9-20 Sec. 10. CONFLICTS OF INTEREST. Unless otherwise authorized
9-21 by law, a state employee may not accept money or a travel expense
9-22 reimbursement from a person or entity that the state intends to
9-23 audit, examine, or investigate or is auditing, examining, or
9-24 investigating. A state employee who violates this section shall
9-25 forfeit the money or travel expense reimbursement to the State of
10-1 Texas. The comptroller shall credit the forfeitures to the general
10-2 revenue fund.
10-3 Sec. 11. EXCESS REIMBURSEMENTS. When a state employee
10-4 receives a reimbursement of the employee's travel expenses that
10-5 exceeds the amount the employee is entitled to receive under this
10-6 article or the General Appropriations Act, the employee shall
10-7 immediately return the amount of the excess.
10-8 Sec. 12. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
10-9 state agency may reimburse a prospective state employee for a
10-10 travel expense incurred while visiting the agency for an interview
10-11 or other type of employment evaluation if the agency provides
10-12 advance authorization to the prospective state employee for the
10-13 visit.
10-14 (b) A state agency may pay a vendor for a travel expense
10-15 incurred by a prospective state employee while visiting the agency
10-16 for an interview or other type or employment evaluation if the
10-17 agency provides advance authorization to the prospective state
10-18 employees for the visit.
10-19 (c) A state agency must treat a prospective state employee
10-20 as though the prospective state employee were a state employee for
10-21 the purpose of:
10-22 (1) determining the amount of a reimbursement of a
10-23 payment to a vendor; and
10-24 (2) all other requirements in this article or the
10-25 General Appropriations Act regarding a reimbursement or a payment
11-1 to a vendor.
11-2 Sec. 13. RULES. The comptroller shall adopt rules to
11-3 facilitate the administration and enforcement of this article and
11-4 the travel provisions in the General Appropriations Act.
11-5 SECTION 12. Subsection (c), Section 3, Article 6826, Revised
11-6 Statutes, is amended to read as follows:
11-7 (c) In this section, "working day" means a day other than
11-8 Saturday, Sunday, or a national holiday<, or a state holiday> as
11-9 listed in the General Appropriations Act or Article 4591.2, Revised
11-10 Statutes. A day does not cease to be a national holiday because a
11-11 state agency maintains or is required to maintain a minimum working
11-12 staff on the holiday.
11-13 SECTION 13. Subsection (a), Section 24.019, Government Code,
11-14 is amended to read as follows:
11-15 (a) A district judge engaged in the discharge of official
11-16 duties in a county other than the judge's county of residence is
11-17 entitled to traveling and other necessary expenses, as provided by
11-18 <the Travel Regulations Act of 1959 (>Article 6823c, Revised
11-19 <6823a, Vernon's Texas Civil> Statutes<)>.
11-20 SECTION 14. Subsection (a), Section 43.004, Government Code,
11-21 is amended to read as follows:
11-22 (a) A district attorney engaged in the discharge of official
11-23 duties in a county other than the district attorney's county of
11-24 residence is entitled to traveling and other necessary expenses, as
11-25 provided by <the Travel Regulations Act of 1959(>Article 6823c,
12-1 Revised <6823a, Vernon's Texas Civil> Statutes<)>.
12-2 SECTION 15. Subsection (c), Section 73.003, Government Code,
12-3 is amended to read as follows:
12-4 (c) If a case is transferred to a court that regularly sits
12-5 not more than 35 miles from the place the court from which the case
12-6 was transferred regularly sits, the court, at the discretion of its
12-7 chief justice and after notice to the parties or their counsel, may
12-8 hear oral arguments at the place it regularly sits. For purposes
12-9 of this subsection, the place where a court of appeals regularly
12-10 sits is that specified in Subchapter C, Chapter 22, and the mileage
12-11 between the places is determined by the comptroller under
12-12 <Subsection c, Section 6, Travel Regulations Act of 1959 (>Article
12-13 6823c, Revised <6823a, Vernon's Texas Civil> Statutes<)>.
12-14 SECTION 16. Subsection (b), Section 403.0165, Government
12-15 Code, is amended to read as follows:
12-16 (b) The comptroller <by rule shall establish an annual
12-17 transfer authorization period and> shall promulgate rules for
12-18 transfers by employees to a certified eligible state employee
12-19 organization.
12-20 SECTION 17. Subchapter B, Chapter 403, Government Code, is
12-21 amended by adding Section 403.022 to read as follows:
12-22 Sec. 403.022. RULES. (a) The comptroller may adopt rules
12-23 to interpret, implement, and administer a state statute if:
12-24 (1) the statute specifically authorizes or requires
12-25 the comptroller to interpret, implement, or administer the statute;
13-1 or
13-2 (2) the comptroller determines that the rules are
13-3 necessary for fulfillment of the comptroller's constitutional or
13-4 statutory duties.
13-5 (b) Subsection (a) does not apply to a state statute if the
13-6 statute specifically authorizes the comptroller or a state agency
13-7 to adopt rules to interpret, implement, and administer the statute.
13-8 SECTION 18. Subsection (h), Section 40.303, Natural
13-9 Resources Code, is amended to read as follows:
13-10 (h) Appointed members shall not receive compensation for
13-11 their services but shall receive per diem and expenses for travel
13-12 while carrying out official business of the council, as provided by
13-13 the legislature in the General Appropriations Act pursuant to <the
13-14 Travel Regulation Act of 1959(>Article 6823c, Revised <6823a,
13-15 Vernon's Texas Civil> Statutes<)>.
13-16 SECTION 19. A reference to the Travel Regulations Act of
13-17 1959 or Article 6823a, Vernon's Texas Civil Statutes, in the
13-18 General Appropriations Act for the biennium ending August 31, 1995,
13-19 is a reference to Article 6823c, Revised Statutes.
13-20 SECTION 20. This Act takes effect September 1, 1993.
13-21 SECTION 21. The importance of this legislation and the
13-22 crowded condition of the calendars in both houses create an
13-23 emergency and an imperative public necessity that the
13-24 constitutional rule requiring bills to be read on three several
13-25 days in each house be suspended, and this rule is hereby suspended.