1-1 By: Armbrister S.B. No. 751
1-2 (In the Senate - Filed March 9, 1993; March 10, 1993, read
1-3 first time and referred to Committee on Finance; April 15, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 751 By: Armbrister
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the benefits and expenses of the state and state
1-25 officers and employees and the powers and duties of the
1-26 comptroller.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subdivision (5), Section 1, Article 4591.2,
1-29 Revised Statutes, is amended to read as follows:
1-30 (5) "State holiday" means:
1-31 (A) the 19th day of January;
1-32 (B) the second day of March;
1-33 (C) the 21st day of April;
1-34 (D) the 19th day of June;
1-35 (E) the 27th day of August;
1-36 (F) every day on which an election is held
1-37 throughout the state;
1-38 (G) the <fourth> Friday following the fourth
1-39 Thursday in <of> November;
1-40 (H) the 24th day of December; and
1-41 (I) the 26th day of December.
1-42 SECTION 2. Section 3, Article 4591.2, Revised Statutes, is
1-43 amended to read as follows:
1-44 Sec. 3. A state agency must have enough state employees on
1-45 duty during a state holiday to conduct the public business of the
1-46 agency. This section does not apply to a state holiday that falls
1-47 on a Saturday or Sunday, the <fourth> Friday following the fourth
1-48 Thursday in <of> November, the 24th day of December, or the 26th
1-49 day of December.
1-50 SECTION 3. Subsection (c), Section 6, Article 4591.2,
1-51 Revised Statutes, is amended to read as follows:
1-52 (c) A state employee may not agree to relinquish the
1-53 <fourth> Friday following the fourth Thursday in <of> November, the
1-54 24th day of December, or the 26th day of December.
1-55 SECTION 4. Section 8, Article 4591.2, Revised Statutes, is
1-56 amended to read as follows:
1-57 Sec. 8. (a) A state employee who begins working for a state
1-58 agency on the first workday of a month is entitled to be paid for a
1-59 state holiday or national holiday that occurs before the first
1-60 workday if the holiday:
1-61 (1) occurs during the month; and
1-62 (2) does not fall on a Saturday or Sunday.
1-63 (b) A state employee who stops working for a state agency on
1-64 the last workday of a month is entitled to be paid for a state
1-65 holiday or national holiday that occurs after the last workday if
1-66 the holiday:
1-67 (1) occurs during the month; and
1-68 (2) does not fall on a Saturday or Sunday.
2-1 (c) A state employee who stops working for a state agency
2-2 during a month is entitled to be paid for a state holiday or
2-3 national holiday if the employee is working on the last workday
2-4 preceding or the first workday following the holiday. This
2-5 subsection applies only if Subsections (a) and (b) of this section
2-6 do not apply.
2-7 (d) In this section, "workday" means a day on which a state
2-8 employee is normally scheduled to work.
2-9 (e) For the purpose of this section:
2-10 (1) a state employee who is on vacation leave, sick
2-11 leave, or other type of paid leave is working for a state agency
2-12 during the period of the leave; and
2-13 (2) a state employee who is on leave without pay or
2-14 other type of unpaid leave is not working for a state agency during
2-15 the period of the leave.
2-16 SECTION 5. Article 4591.2, Revised Statutes, is amended by
2-17 adding Section 10 to read as follows:
2-18 Sec. 10. The comptroller may adopt procedures and rules to
2-19 administer this article.
2-20 SECTION 6. Chapter 217, Acts of the 61st Legislature,
2-21 Regular Session, 1969 (Article 6252-8a, Vernon's Texas Civil
2-22 Statutes), is amended by adding Section 3B to read as follows:
2-23 Sec. 3B. The comptroller may adopt procedures and rules to
2-24 administer this Act.
2-25 SECTION 7. Section 1, Chapter 298, Acts of the 64th
2-26 Legislature, 1975 (Article 6252-8b, Vernon's Texas Civil Statutes),
2-27 is amended by adding Subsection (i) to read as follows:
2-28 (i) The comptroller may adopt procedures and rules to
2-29 administer this section.
2-30 SECTION 8. Title 110A, Revised Statutes, is amended by
2-31 adding Article 6252-15a to read as follows:
2-32 Art. 6252-15a. PAYMENT OF TRAVEL EXPENSES FROM APPROPRIATED
2-33 FUNDS
2-34 Sec. 1. DEFINITIONS. In this article:
2-35 (1) "Appropriated funds" means funds appropriated
2-36 under the General Appropriations Act.
2-37 (2) "Board" means a board, commission, committee,
2-38 council, or similar entity in the executive, legislative, or
2-39 judicial branch of state government that comprises two or more
2-40 members.
2-41 (3) "Commercial lodging establishment" means a motel,
2-42 hotel, inn, apartment, or similar entity that furnishes lodging to
2-43 the public for pay.
2-44 (4) "Commercial transportation company" means an
2-45 entity that offers transportation of people or goods to the public
2-46 for pay.
2-47 (5) "Duty point" means the destination other than a
2-48 place of employment to which a state employee or member of the
2-49 legislature travels to conduct official state business. If the
2-50 destination is outside the employee's or member's designated
2-51 headquarters, then the duty point is:
2-52 (A) the incorporated municipality in which the
2-53 destination is located; or
2-54 (B) the area within a five-mile radius of the
2-55 destination if the destination is located in an unincorporated
2-56 area.
2-57 (6) "Head of agency" includes an elected state
2-58 official; an appointed state official, including an official whose
2-59 appointment is still subject to senate confirmation; a first
2-60 assistant, chief deputy, or chief clerk who is specifically
2-61 authorized by law to act for the person's superior; a director of a
2-62 legislative interim committee or board; a head of an institution of
2-63 higher education; a head of a state hospital or special school;
2-64 and, for a state agency that is governed by a part-time board or
2-65 commission, an individual who has the day-to-day responsibility for
2-66 managing the agency's operations. The term does not include a
2-67 member of the legislature.
2-68 (7) "Incidental expense" means an expense incurred
2-69 while traveling on official state business. The term includes
2-70 mandatory insurance charges incurred when traveling within or
3-1 outside the state and applicable taxes except taxes on meals. The
3-2 term does not include expenses for meals, lodging, or
3-3 transportation; expenses of a personal nature; expenses that a
3-4 state employee or member of the legislature would incur regardless
3-5 of whether the employee or member were traveling on official state
3-6 business; and tips and gratuities.
3-7 (8) "Institution of higher education" has the meaning
3-8 assigned by Section 61.003, Education Code, and its subsequent
3-9 amendments.
3-10 (9) "Key official" means a head of a agency or a
3-11 person holding a position that has been designated as an exempt
3-12 position in the General Appropriations Act or by action of the
3-13 governor under the Position Classification Act of 1961 (Article
3-14 6252-11, Vernon's Texas Civil Statutes) and its subsequent
3-15 amendments.
3-16 (10) "Lease" means a contract for a term of at least
3-17 one month giving the lessee the exclusive possession and use of
3-18 property or equipment although the lessor retains ownership
3-19 throughout the duration of the contract.
3-20 (11) "Place of employment" means the office or
3-21 location at which a state employee or member of the legislature
3-22 routinely conducts official state business.
3-23 (12) "Rented or public conveyance" means a motor
3-24 vehicle, train, aircraft, boat, or bicycle that a state employee or
3-25 member of the legislature either rents or pays a fare to use on a
3-26 short-term basis while traveling on official state business.
3-27 (13) "State agency" means a unit of state government
3-28 that uses appropriated funds to pay or reimburse the
3-29 transportation, meals, lodging, and incidental expenses of its
3-30 state employees or members of the legislature.
3-31 (14) "State employee" means a person employed by a
3-32 state agency. The term includes a key official unless this article
3-33 specifically indicates otherwise.
3-34 (15) "Travel expense" means a meal, lodging,
3-35 transportation, or incidental expense.
3-36 Sec. 2. GENERAL PROVISIONS. (a) A state agency may not
3-37 expend appropriated funds to pay or reimburse travel expenses
3-38 unless the travel and the resulting request for payment or
3-39 reimbursement comply with this article.
3-40 (b) This article is inapplicable to the extent necessary to
3-41 avoid an irreconcilable conflict with a federal law or regulation.
3-42 (c) Notwithstanding anything in this article, a state agency
3-43 may pay or reimburse travel expenses only if:
3-44 (1) the travel expenses are necessary and reasonable;
3-45 (2) the purpose of the travel clearly involves
3-46 official state business and is consistent with the legal
3-47 responsibilities of the agency; and
3-48 (3) for travel outside this state, the travel is
3-49 approved in advance in accordance with the policy of the agency.
3-50 (d) A state agency may pay or reimburse the travel expenses
3-51 of a state employee of another state agency if the employee
3-52 incurred the expenses while providing services to the paying or
3-53 reimbursing agency.
3-54 (e) Travel expenses may not be paid or reimbursed unless a
3-55 voucher submitted to the comptroller identifies persons contacted,
3-56 places visited, or otherwise describes the nature of the official
3-57 state business performed.
3-58 (f) If a state agency may directly pay a commercial lodging
3-59 establishment or commercial transportation company under this
3-60 article, the agency may instead pay a credit card issuer or travel
3-61 agency for the lodging or transportation. The documentation
3-62 required for direct payment to a commercial lodging establishment
3-63 or commercial transportation company is required for payment to a
3-64 credit card issuer or travel agency.
3-65 (g) A state agency that requires a state employee on
3-66 personal leave to return to the employee's designated headquarters
3-67 from another location may pay or reimburse the employee for the
3-68 travel expenses incurred by the employee while traveling to the
3-69 headquarters. The agency may pay or reimburse the travel expenses
3-70 incurred by the employee while traveling back to the location at
4-1 which the employee was staying while on personal leave if the
4-2 employee resumes personal leave status.
4-3 (h) A state agency may pay or reimburse a state employee or
4-4 member of the legislature for a cancellation charge if:
4-5 (1) the charge is incurred for a reason related to
4-6 official state business; or
4-7 (2) the charge:
4-8 (A) is related to transportation expenses that
4-9 were paid in advance to obtain lower rates; and
4-10 (B) is incurred because the employee or member
4-11 who was anticipated to use the transportation cannot because of the
4-12 employee's or member's illness or family emergency.
4-13 (i) A state agency may pay or reimburse a state employee for
4-14 the travel expenses the employee incurs while using personal or
4-15 compensatory leave if:
4-16 (1) the leave is used while the employee is away from
4-17 the employee's designated headquarters;
4-18 (2) the primary purpose of the employee being away is
4-19 to conduct official state business; and
4-20 (3) the agency determines that returning the employee
4-21 to the employee's designated headquarters while using the leave
4-22 would not be cost-effective or would be impracticable.
4-23 (j) A state agency may reimburse a state employee for the
4-24 employee's incidental expenses in accordance with rules adopted by
4-25 the comptroller.
4-26 (k) The comptroller shall adopt rules for the effective and
4-27 efficient administration of this article, including rules about the
4-28 payment of incidental expenses and the rental of apartments.
4-29 Sec. 3. CONSERVATION OF FUNDS. (a) A state agency shall
4-30 minimize the travel expenses incurred by the agency and its state
4-31 employees to the extent possible given the agency's legal
4-32 responsibilities. A state agency shall ensure that travel expense
4-33 arrangements are the most cost efficient considering all relevant
4-34 circumstances.
4-35 (b) A state agency may specify a payment or reimbursement
4-36 rate that is less than the maximum rate specified in this article
4-37 or the General Appropriations Act for travel expenses. The lower
4-38 rate may apply only to a travel expense incurred after the agency
4-39 has notified the affected state employees and members of the
4-40 legislature in writing about the lower rate. The agency is solely
4-41 responsible for enforcing its lower rate.
4-42 (c) A state agency may pay or reimburse a state employee for
4-43 additional travel expenses incurred during a period the employee
4-44 extended the employee's travel to take advantage of a lower airfare
4-45 if:
4-46 (1) the sum of the additional expenses and the lower
4-47 airfare is not more than the average economy airfare between the
4-48 employee's designated headquarters and the duty point;
4-49 (2) any rental car used during the extended travel was
4-50 rented during the period when the employee conducted official state
4-51 business; and
4-52 (3) it is in the employing state agency's interest for
4-53 the employee to be absent from the employee's designated
4-54 headquarters for the period of extended travel.
4-55 Sec. 4. DESIGNATED HEADQUARTERS. (a) The designated
4-56 headquarters of a state employee or member of the legislature is
4-57 the area within the boundaries of the incorporated municipality
4-58 where the employee's or member's place of employment is located.
4-59 (b) If the place of employment of a state employee or member
4-60 of the legislature is located within an unincorporated area, then
4-61 the area within a five-mile radius of the place of employment is
4-62 the employee's or member's designated headquarters.
4-63 (c) If an incorporated or unincorporated municipality or
4-64 area is completely surrounded by the incorporated municipality in
4-65 which the place of employment of a state employee or member of the
4-66 legislature is located, then the employee's or member's designated
4-67 headquarters includes the surrounded municipality or area.
4-68 Sec. 5. INTERNATIONAL TRAVEL. (a) A state agency may not
4-69 pay or reimburse travel expenses incurred by a state employee while
4-70 traveling outside of the United States, its territories and
5-1 possessions, Mexico, or Canada, unless the governor provides
5-2 written approval of the travel before the travel begins.
5-3 (b) The governor may give general approval for international
5-4 travel by:
5-5 (1) state employees of the division of the Texas
5-6 Department of Commerce responsible for international trade
5-7 development; and
5-8 (2) state employees who are law enforcement personnel
5-9 of the Department of Public Safety.
5-10 (c) When Subsection (a) of this section requires the
5-11 governor's written approval of travel before a payment or
5-12 reimbursement may be made, a copy of the approval must be attached
5-13 to the voucher requesting the payment or reimbursement.
5-14 Sec. 6. TRANSPORTATION EXPENSES; PERSONALLY OWNED OR LEASED
5-15 MOTOR VEHICLE. (a) A state agency shall reimburse a state
5-16 employee for use of a motor vehicle as provided in this section.
5-17 This section applies only to reimbursement for use of a motor
5-18 vehicle owned or leased by the employee.
5-19 (b) A state agency may not reimburse a state employee under
5-20 this section for expenses other than:
5-21 (1) mileage;
5-22 (2) tolls; and
5-23 (3) airport parking or other parking expenses incurred
5-24 while the employee is traveling.
5-25 (c) When a mileage reimbursement is payable under this
5-26 section, the amount of the reimbursement may not exceed the product
5-27 of:
5-28 (1) the applicable mileage reimbursement rate; and
5-29 (2) the actual miles traveled as limited by this
5-30 section.
5-31 (d) The mileage reimbursement rate for travel occurring
5-32 during a fiscal year is equal to the maximum fixed mileage
5-33 allowance specified in applicable revenue rulings issued by the
5-34 Internal Revenue Service as of August 1 preceding the start of the
5-35 year. The comptroller shall announce the mileage reimbursement
5-36 rate for a fiscal year as soon as possible after August 1 of the
5-37 preceding fiscal year. The legislature shall include a maximum and
5-38 minimum mileage reimbursement rate in each General Appropriations
5-39 Act.
5-40 (e) The amount of a mileage reimbursement for travel within
5-41 this state shall be based on the lowest mileage between the origin
5-42 and the final duty point. If a state employee conducts official
5-43 state business at duty points between the origin and the final duty
5-44 point, then the determination of the lowest mileage must include
5-45 the business conducted at the intermediate duty points. For
5-46 purposes of determining the lowest mileage, farm-to-market and
5-47 ranch-to-market roads shall be included. The comptroller shall
5-48 periodically adopt a mileage guide that includes a chart showing
5-49 the lowest mileage between points. A state agency may reimburse a
5-50 state employee for mileage that exceeds the lowest mileage
5-51 specified in the adopted mileage guide if point-to-point mileage is
5-52 listed on the voucher submitted to the comptroller.
5-53 (f) When two, three, or four state employees of the same
5-54 state agency with the same itinerary travel on the same dates and
5-55 on the same official state business, the agency may reimburse only
5-56 one of those employees for mileage. If more than four employees of
5-57 the same state agency with the same itinerary travel on the same
5-58 dates and on the same official state business, then a state agency
5-59 may reimburse for mileage on the basis of one vehicle for each four
5-60 employees and for each fraction in excess of a multiple of four
5-61 employees. This subsection does not apply if a head of agency
5-62 determines before travel that it is infeasible for employees to
5-63 travel together in the same motor vehicle.
5-64 (g) Except as provided by Subsection (l) of this section, a
5-65 state agency shall reimburse a state employee for mileage when the
5-66 employee travels between the employee's place of employment and the
5-67 employee's duty point. If the duty point is outside this state,
5-68 the reimbursement may not exceed the amount the agency would have
5-69 paid or reimbursed had the employee flown using the average economy
5-70 airfare, including mileage reimbursement for travel between the
6-1 employee's place of employment and the airport, parking fees, and
6-2 other necessary and reasonable expenses that would have been
6-3 incurred at the airport had the employee flown.
6-4 (h) A state agency shall reimburse a state employee for
6-5 mileage when the employee travels between the location where the
6-6 employee conducts official state business and:
6-7 (1) the location where the employee obtains a meal if
6-8 the meal expense is reimbursable under this article and the
6-9 employee's voucher shows the point-to-point mileage; or
6-10 (2) the location where the employee lodges if the
6-11 lodging expense is reimbursable under this article and the
6-12 employee's voucher shows the point-to-point mileage.
6-13 (i) A state agency may reimburse a state employee for
6-14 mileage when the employee travels between the employee's residence
6-15 and the nearest airport. If the travel occurs during working
6-16 hours, the mileage reimbursement may not exceed the reimbursement
6-17 that would have been paid had the employee traveled between the
6-18 employee's place of employment and the airport. A state agency may
6-19 reimburse a state employee for mileage incurred by another person
6-20 while transporting the employee between the employee's residence
6-21 and the nearest airport if the employee demonstrates that the
6-22 mileage reimbursement is less than the expense of parking a motor
6-23 vehicle at the airport.
6-24 (j) Except as provided by Subsection (l) of this section, a
6-25 state agency may reimburse a state employee for mileage when the
6-26 employee travels between the employee's residence and the
6-27 employee's duty point. If the travel occurs during working hours,
6-28 the reimbursement for the travel may not exceed the mileage
6-29 reimbursement that would have been paid had the employee traveled
6-30 between the employee's place of employment and the duty point. If
6-31 the travel occurs before working hours on a working day, the
6-32 reimbursement for the travel may not exceed the reimbursement that
6-33 would be due had the employee traveled between the employee's place
6-34 of employment and the duty point unless the travel is necessary
6-35 because of an unforeseen emergency related to official state
6-36 business.
6-37 (k) Except as provided by Subsection (l) of this section, a
6-38 state agency may not reimburse a state employee for mileage when
6-39 the employee travels between the employee's residence and the
6-40 employee's place of employment unless:
6-41 (1) extraordinary circumstances, as defined by the
6-42 comptroller by rule, necessitate the travel; and
6-43 (2) the travel occurs during nonworking hours.
6-44 (l) This subsection applies when a state employee travels
6-45 between the employee's residence and the employee's duty point with
6-46 an intermediate stop at the employee's place of employment if the
6-47 primary purpose of the stop is to obtain or drop off supplies or
6-48 equipment used at the duty point. A state agency may reimburse a
6-49 state employee for the travel in accordance with this subsection.
6-50 (1) The mileage eligible for reimbursement includes
6-51 the miles traveled to and from the place of employment if:
6-52 (A) the state employee's travel occurs:
6-53 (i) before working hours on a working day;
6-54 or
6-55 (ii) on a nonworking day; and
6-56 (B) the travel is necessary because of an
6-57 unforeseen emergency related to official state business.
6-58 (2) The mileage reimbursement for the travel may not
6-59 exceed the mileage reimbursement that would have been paid had the
6-60 employee traveled between the employee's place of employment and
6-61 the employee's duty point if:
6-62 (A) the travel occurs during working hours; or
6-63 (B) the travel occurs at another time and the
6-64 travel is not necessary because of an unforeseen emergency related
6-65 to official state business.
6-66 (m) This subsection applies when two or more state employees
6-67 travel together outside this state in a motor vehicle that one of
6-68 the employees owns or leases. The mileage reimbursement for the
6-69 use of the vehicle shall be based on the total miles between the
6-70 owner's or lessee's place of employment and the employee's duty
7-1 point. The reimbursement may not exceed the total expense had each
7-2 employee flown using the average economy airfare, including mileage
7-3 reimbursement for travel between the employees' places of
7-4 employment and the airport, parking fees, and other necessary and
7-5 reasonable expenses that would have been incurred at the airport
7-6 had the employees flown.
7-7 (n) A state employee traveling to a duty point outside this
7-8 state that is not directly served by a commercial airline is
7-9 entitled to a mileage reimbursement for the travel. The
7-10 reimbursement may not exceed the sum of:
7-11 (1) the average economy airfare to the city directly
7-12 served by a commercial airline that is closest to the duty point;
7-13 (2) the product of the:
7-14 (A) miles between the duty point and the city
7-15 directly served by a commercial airline that is closest to the duty
7-16 point; and
7-17 (B) the applicable mileage reimbursement rate;
7-18 and
7-19 (3) the amount of expenses other than airfare that the
7-20 employee would have incurred had the employee flown, including
7-21 mileage reimbursement for travel between the employee's place of
7-22 employment and the airport, parking fees, and other necessary and
7-23 reasonable expenses that would have been incurred at the airport.
7-24 Sec. 7. TRANSPORTATION EXPENSES; PERSONALLY OWNED OR LEASED
7-25 AIRCRAFT. (a) A state employee, a key official, a member of a
7-26 board, or a member of the legislature is entitled to reimbursement
7-27 for use of an aircraft owned or leased by the employee, official,
7-28 or member in accordance with this section.
7-29 (b) A reimbursement under this section may not exceed the
7-30 product of:
7-31 (1) the aircraft mileage rate established in the
7-32 General Appropriations Act; and
7-33 (2) the highway mileage between the designated
7-34 headquarters and duty point of the state employee, key official,
7-35 member of a board, or member of the legislature.
7-36 (c) The General Appropriations Act may establish different
7-37 aircraft mileage rates:
7-38 (1) for travel in:
7-39 (A) a single engine aircraft;
7-40 (B) a twin engine aircraft; and
7-41 (C) a turbine powered aircraft; and
7-42 (2) for travel by:
7-43 (A) a state employee;
7-44 (B) a key official;
7-45 (C) a member of a board; and
7-46 (D) a member of the legislature.
7-47 (d) A key official, member of a board, or a member of the
7-48 legislature who travels with another official or member in an
7-49 aircraft owned or leased by the other official or member is
7-50 entitled to an amount equal to the amount that would have been paid
7-51 or reimbursed had the official or member paid the average economy
7-52 airfare.
7-53 (e) The comptroller shall adopt procedures under which
7-54 reimbursements to key officials, members of boards, and members of
7-55 the legislature under Subsections (a) and (d) of this section may
7-56 be aggregated into a single payment and paid either to the
7-57 individual owning or leasing the aircraft or to a vendor providing
7-58 a leased aircraft. The aggregate reimbursement may not exceed the
7-59 actual expense of the trip.
7-60 (f) A key official, a member of a board, or a member of the
7-61 legislature is entitled to reimbursement under this section for use
7-62 of an aircraft leased from a proprietorship, partnership, or
7-63 corporation in which the official or member has an interest.
7-64 Sec. 8. TRANSPORTATION EXPENSES; RENTED OR PUBLIC
7-65 CONVEYANCE. (a) A state agency may pay the actual expense of
7-66 transportation of a state employee who travels by rented or public
7-67 conveyance as provided by this section.
7-68 (b) The amount paid for commercial air transportation
7-69 between a state employee's designated headquarters and the
7-70 employee's duty point may not exceed the lowest rate available.
8-1 First or business class airfare may be paid only if it is the only
8-2 available airfare.
8-3 (c) A state agency may pay the expense of transportation by
8-4 limousine only if it is the lowest cost transportation considering
8-5 all relevant circumstances.
8-6 (d) A state agency may pay the expense of a state employee
8-7 traveling by rented or public conveyance by:
8-8 (1) reimbursing the employee as provided by Subsection
8-9 (e) of this section;
8-10 (2) directly paying the expense as provided by
8-11 Subsection (f) of this section; or
8-12 (3) paying the expense in advance of travel as
8-13 provided by Subsection (g) of this section.
8-14 (e) When a state agency reimburses a state employee for
8-15 travel by rented or public conveyance, receipts acceptable to the
8-16 comptroller for transportation expenses must be submitted to the
8-17 comptroller as attachments to the employee's voucher. Receipts for
8-18 mass transit, taxi, or limousine fares are not required to be
8-19 attached to the voucher.
8-20 (f) A state agency may request a commercial transportation
8-21 company to furnish transportation to designated state employees of
8-22 the agency. The company shall bill the expense of the
8-23 transportation services to the agency monthly. The company shall
8-24 list on its receipts and invoices the point of origin and point of
8-25 destination of each trip and the taxes charged. The comptroller
8-26 may make a payment to the company only on the agency's submission
8-27 of a voucher showing the detailed purpose of travel and the
8-28 necessary agency approval. The appropriate receipts and invoices
8-29 from the company must be attached to the voucher.
8-30 (g) A state agency may directly pay a commercial
8-31 transportation company before the travel of a state employee if the
8-32 payment would result in lower transportation expenses.
8-33 Sec. 9. EXPENSES FOR MEALS AND LODGING. (a) Subject to the
8-34 limitations of this section, a state agency shall reimburse a state
8-35 employee for the actual expense of meals and lodging incurred while
8-36 the employee travels.
8-37 (b) A state agency may not reimburse a state employee for
8-38 meals and lodging expenses the employee incurs while traveling:
8-39 (1) outside the employee's designated headquarters for
8-40 fewer than six consecutive hours; or
8-41 (2) within the employee's designated headquarters.
8-42 (c) A state agency may reimburse a state employee for meals
8-43 expenses incurred while traveling without an overnight stay away
8-44 from the employee's designated headquarters only if the agency's
8-45 head of agency authorizes the reimbursement.
8-46 (d) This subsection applies only to travel within this
8-47 state. The amount a state agency reimburses a state employee:
8-48 (1) for meals expenses incurred each day may not
8-49 exceed the limit established by the General Appropriations Act; and
8-50 (2) for lodging expenses incurred each day for each
8-51 location may not exceed the limit established by the General
8-52 Appropriations Act.
8-53 (e) This subsection applies only to travel outside this
8-54 state but within the continental United States. Unless the
8-55 comptroller authorizes a higher daily rate, the amount a state
8-56 agency reimburses a state employee for meals and lodging expenses
8-57 incurred each day may not exceed the locality-based, daily rates in
8-58 the federal travel regulations adopted by the General Services
8-59 Administration or its successor in function. The comptroller may
8-60 authorize a higher daily rate only if the comptroller determines
8-61 before travel that local conditions require the higher rate for a
8-62 particular destination. The comptroller may provide an
8-63 authorization only on a trip-by-trip basis. If a state employee
8-64 travels to a destination for which the federal travel regulations
8-65 have not established a rate, then the comptroller shall establish a
8-66 daily rate for that destination. The established rate may not
8-67 exceed the lowest rate in the federal travel regulations for the
8-68 state in which the destination is located unless the comptroller
8-69 determines, before the travel, that local conditions require a
8-70 higher rate.
9-1 (f) Instead of reimbursing a state employee for lodging
9-2 expenses, a state agency may request a commercial lodging
9-3 establishment to bill the agency directly for those expenses. The
9-4 comptroller may make a payment to the establishment only on the
9-5 agency's submission of a voucher showing the name and designated
9-6 headquarters of the employee and the daily lodging charges. A
9-7 receipt issued by the establishment must be attached to the voucher
9-8 and must show the room rate for a single occupancy and the daily
9-9 lodging charges.
9-10 (g) Except as provided in this subsection, a state employee
9-11 must attach to the employee's voucher a receipt acceptable to the
9-12 comptroller when requesting reimbursement of lodging expenses. A
9-13 head of agency other than a member of a board is not required to
9-14 attach a lodging receipt.
9-15 (h) A state agency shall reimburse a state employee for a
9-16 state, county, or local hotel occupancy tax or any similar tax
9-17 imposed by a law of this state, another state, or a foreign
9-18 country. A state agency shall reimburse a state employee for a
9-19 hotel occupancy or similar tax from which the employee is legally
9-20 exempt if the employee properly claims the exemption and the
9-21 commercial lodging establishment refuses to honor the exemption.
9-22 If a state agency directly pays a commercial lodging establishment
9-23 under Subsection (f) of this section, the agency may directly pay a
9-24 hotel occupancy or similar tax to the establishment.
9-25 (i) A state agency shall reimburse a state employee for
9-26 apartment rental expenses if:
9-27 (1) the purpose of the rental is the conservation of
9-28 appropriated funds; and
9-29 (2) the reimbursement and rental comply with the
9-30 comptroller's rules.
9-31 Sec. 10. TRAVEL BY STATE EMPLOYEES OF INSTITUTIONS OF HIGHER
9-32 EDUCATION. (a) For purposes of this article, official state
9-33 business includes the formal presentation of original research
9-34 before a regional, state, national, or international learned
9-35 society.
9-36 (b) The governing board of each institution of higher
9-37 education may delegate to its president, chief executive,
9-38 vice-presidents, deans, or fiscal officers the authority to approve
9-39 travel and the resulting payments and reimbursements. The
9-40 delegation of authority must specify the kind of travel that may be
9-41 approved and the termination date of the delegated authority. The
9-42 delegation of authority shall be entered in the official minutes of
9-43 the governing board, and a copy of the minutes shall be filed with
9-44 the comptroller.
9-45 (c) This article does not apply to travel expenses to the
9-46 extent paid or reimbursed from institutional funds. The governing
9-47 board of an institution of higher education may adopt procedures
9-48 and rules about the incurrence, payment, and reimbursement of those
9-49 expenses. In this subsection, "institutional funds" has the
9-50 meaning assigned by Section 51.009, Education Code, and its
9-51 subsequent amendments.
9-52 Sec. 11. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) A
9-53 member of the legislature, at the discretion of each house of the
9-54 legislature, is entitled to reimbursement of an amount equal to:
9-55 (1) the maximum per diem rate in the travel
9-56 regulations promulgated by the Internal Revenue Service for the
9-57 location at which the expenses are incurred; or
9-58 (2) the actual amount of meals, lodging, and
9-59 incidental expenses incurred.
9-60 (b) Subsection (a) of this section applies to the meals,
9-61 lodging, and incidental expenses that members of the legislature
9-62 incur while serving on a board.
9-63 (c) If a member of the legislature incurs expenses in a
9-64 location for which the travel regulations promulgated by the
9-65 Internal Revenue Service have not specifically established a
9-66 maximum per diem rate, the rate is equal to the lowest maximum per
9-67 diem rate for the state, territory, possession, or country in which
9-68 the expenses are incurred.
9-69 (d) Except where in conflict with this section, Sections 6
9-70 and 8 of this article apply to travel by a member of the
10-1 legislature in the same way that the sections apply to travel by a
10-2 state employee. Reimbursement to a member of the legislature under
10-3 those sections may be made regardless of whether the travel
10-4 includes travel to or from Austin.
10-5 (e) During a session of the legislature, a member of the
10-6 legislature may be reimbursed for transportation expenses on the
10-7 same mileage basis as is provided for state employees.
10-8 Sec. 12. TRAVEL BY PERSONS WITH DISABILITIES.
10-9 (a) Notwithstanding any other provision of this article, a state
10-10 agency may reimburse a state employee or a member of the
10-11 legislature with a disability for attendant care and other
10-12 necessary expenses incurred when the employee or member travels
10-13 inside or outside their respective designated headquarters. A
10-14 person with a disability may not be reimbursed for the expenses
10-15 incurred when traveling from the person's residence to the person's
10-16 place of employment except as otherwise provided in this article
10-17 for state employees.
10-18 (b) If the airfare is medically necessary, a state agency
10-19 may reimburse a state employee or member of the legislature with a
10-20 disability for the first or business class airfare of:
10-21 (1) the employee or member; and
10-22 (2) the attendant of the employee or member.
10-23 (c) If this article conflicts with a requirement of the
10-24 Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
10-25 seq.) or other applicable federal law, then the federal law
10-26 prevails over this article.
10-27 Sec. 13. SPECIAL PROVISIONS. (a) This subsection applies
10-28 to one or more state employees who the governor designates to
10-29 represent the governor at a governmental meeting or conference held
10-30 outside this state. The designees are entitled to reimbursement
10-31 for the actual meals, lodging, and incidental expenses incurred by
10-32 the designees while attending the meeting or conference.
10-33 (b) The legislature shall reimburse an employee of the
10-34 legislature:
10-35 (1) for the employee's actual expenses for meals and
10-36 lodging if incurred while traveling outside this state, in
10-37 accordance with Section 301.030(b), Government Code, and its
10-38 subsequent amendments; and
10-39 (2) for travel within this state, the amount
10-40 authorized under Section 301.030(a), Government Code, and its
10-41 subsequent amendments.
10-42 (c) A member of the legislature, a judicial officer, a head
10-43 of agency, the executive director of the Texas Legislative
10-44 Council, the secretary of the senate, or a member of a board who is
10-45 unable to attend a meeting or conference may designate an employee
10-46 to represent the member, officer, head of agency, executive
10-47 director, or secretary, as applicable, at the meeting or
10-48 conference. The designee is entitled to reimbursement for the
10-49 actual expenses for meals and lodging incurred by the designee
10-50 while attending the meeting or conference. A separate designation
10-51 under this subsection must be made for each meeting or conference.
10-52 (d) A judicial officer, a head of agency other than a member
10-53 of a board, the executive director of the Texas Legislative
10-54 Council, and the secretary of the senate are entitled to
10-55 reimbursement for actual expenses for meals and lodging for travel
10-56 whether inside or outside this state.
10-57 (e) A member of the legislature, a judicial officer, a head
10-58 of agency, the executive director of the Texas Legislative Council,
10-59 or the secretary of the senate may authorize reimbursement to a
10-60 state employee for actual expenses for meals and lodging for travel
10-61 with the member, officer, head of agency, executive director, or
10-62 secretary, as applicable. In this subsection, "state employee"
10-63 does not include a member of a board.
10-64 (f) A state agency may not reimburse expenses under
10-65 Subsection (a), (c), or (e) of this section unless the appropriate
10-66 head of agency or member of the legislature provides advance
10-67 written approval and an estimate of the approximate cost of the
10-68 travel.
10-69 (g) This article applies to a payment or reimbursement of
10-70 the travel expenses of a member of a board only if Chapter 428,
11-1 Acts of the 67th Legislature, Regular Session, 1981 (Article 6813f,
11-2 Vernon's Texas Civil Statutes), or other applicable law authorizes
11-3 the payment or reimbursement.
11-4 (h) This section applies notwithstanding any other provision
11-5 of this article.
11-6 Sec. 14. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) If a
11-7 state agency provides advance authorization to a prospective state
11-8 employee to visit the agency for an interview or other employment
11-9 evaluation, the agency may:
11-10 (1) reimburse the prospective state employee for the
11-11 travel expenses incurred while visiting the agency; or
11-12 (2) pay a vendor for the travel expenses incurred by
11-13 the prospective state employee while visiting the agency.
11-14 (b) A state agency must treat a prospective state employee
11-15 as though the prospective state employee were a state employee for
11-16 the purpose of:
11-17 (1) determining the amount of a reimbursement or a
11-18 payment to a vendor; and
11-19 (2) all other requirements in this article regarding a
11-20 reimbursement or a payment to a vendor.
11-21 Sec. 15. SUBMISSION AND AUDIT OF TRAVEL CLAIMS. (a) A
11-22 state agency must submit a travel claim on the voucher that the
11-23 comptroller requires. The comptroller may decide by rule the
11-24 design of the voucher and the information that must be included on
11-25 the voucher.
11-26 (b) The comptroller shall audit a travel claim in accordance
11-27 with Sections 403.011(12), 403.071, and 403.079, Government Code,
11-28 and their subsequent amendments.
11-29 Sec. 16. CONFLICTS OF INTEREST. Unless otherwise authorized
11-30 by law, a state employee may not accept money or a travel expense
11-31 reimbursement from a person or entity that the state intends to
11-32 audit, examine, or investigate or is auditing, examining, or
11-33 investigating. A state employee who violates this section shall
11-34 forfeit the money or travel expense reimbursement to the state.
11-35 The comptroller shall credit the forfeitures to the general revenue
11-36 fund.
11-37 Sec. 17. EXCESS REIMBURSEMENTS. When a state employee
11-38 receives a reimbursement of the employee's travel expenses that
11-39 exceeds the amount the employee is entitled to receive under this
11-40 article or the General Appropriations Act, the employee shall
11-41 immediately return the amount of the excess.
11-42 Sec. 18. EXCEPTION FOR CERTAIN FUNDS. (a) The requirements
11-43 of this article concerning the documentation or receipts that must
11-44 be submitted to the comptroller do not apply to payments or
11-45 reimbursements from:
11-46 (1) local funds; or
11-47 (2) funds that may be expended without the comptroller
11-48 issuing a warrant under Sections 404.046 and 404.069, Government
11-49 Code, and Article 6252-31, Revised Statutes, as added by Section
11-50 35, Chapter 641, Acts of the 72nd Legislature, Regular Session,
11-51 1991, and their subsequent amendments.
11-52 (b) The requirements of this article concerning the
11-53 documentation or receipts that must be submitted to the comptroller
11-54 apply when:
11-55 (1) an institution of higher education requests
11-56 reimbursement of a local fund from the state treasury for a travel
11-57 expense payment or reimbursement; or
11-58 (2) a state agency requests reimbursement of a fund
11-59 covered by Subsection (a)(2) of this section from the state
11-60 treasury for a travel expense payment or reimbursement.
11-61 (c) In this section, "local fund" has the meaning assigned
11-62 by Section 51.009, Education Code, and its subsequent amendments.
11-63 However, the term does not include a local fund that is deposited
11-64 in the state treasury.
11-65 SECTION 9. Title 110A, Revised Statutes, is amended by
11-66 adding Article 6252-15b to read as follows:
11-67 Art. 6252-15b. MOVING EXPENSES OF STATE EMPLOYEES
11-68 Sec. 1. DEFINITIONS. In this article:
11-69 (1) "Appropriated funds," "commercial transportation
11-70 company," "designated headquarters," "lease," and "state employee"
12-1 have the meanings assigned by Article 6252-15a, Revised Statutes,
12-2 and its subsequent amendments.
12-3 (2) "State agency" has the meaning assigned by Article
12-4 6252-15a, Revised Statutes, and its subsequent amendments, but does
12-5 not include a unit of state government in the legislative branch.
12-6 Sec. 2. PAYMENT AND REIMBURSEMENT AUTHORIZED. (a) A
12-7 state agency may use appropriated funds to reimburse the
12-8 reasonable, necessary, and resulting expenses of moving the
12-9 household goods and effects of a state employee who is transferred
12-10 from one designated headquarters to another if:
12-11 (1) the agency determines that the best interests of
12-12 the state will be served by the transfer; and
12-13 (2) the minimum distance between the boundaries of the
12-14 two designated headquarters is at least 25 miles.
12-15 (b) A state agency may use appropriated funds to reimburse
12-16 the reasonable, necessary, and resulting expenses of moving the
12-17 household goods and effects of a new state employee if:
12-18 (1) the agency determines that the best interests of
12-19 the state will be served by the payment; and
12-20 (2) the distance between the employee's old and new
12-21 permanent residences is at least 25 miles.
12-22 (c) In this article:
12-23 (1) a state employee is a new state employee if the
12-24 employee is newly employed by the state agency paying the moving
12-25 expenses; and
12-26 (2) a state employee who transfers from one state
12-27 agency to another state agency is a new state employee of the
12-28 second state agency.
12-29 (d) If available, state-owned equipment must be used to move
12-30 the household goods and effects of a transferring or new state
12-31 employee. If state-owned equipment is unavailable, a state agency
12-32 may reimburse the employee for the services of a commercial
12-33 transportation company or for self-service vehicles to make the
12-34 move.
12-35 (e) A state agency may pay a mileage reimbursement to a
12-36 transferring or new state employee for reasonable and necessary
12-37 moving-related travel by personally owned or leased motor vehicle.
12-38 The reimbursement must comply with Section 6, Article 6252-15a,
12-39 Revised Statutes, and its subsequent amendments.
12-40 (f) A state agency may reimburse a transferring or new state
12-41 employee for storage expenses if:
12-42 (1) the agency requires the employee to live in
12-43 state-owned housing; and
12-44 (2) the housing is not available at the time the
12-45 agency requires the move to be made.
12-46 (g) When this section authorizes a state agency to reimburse
12-47 the expenses of moving or storing the household goods and effects
12-48 of a transferring or new state employee, the agency may instead
12-49 directly pay those expenses to appropriate commercial
12-50 transportation companies or other vendors.
12-51 Sec. 3. RECEIPTS OR INVOICES REQUIRED. (a) Except as
12-52 provided by Subsection (b) of this section, appropriated funds may
12-53 not be used to pay expenses under this article unless receipts or
12-54 invoices evidencing the expenses are submitted to the comptroller.
12-55 (b) Subsection (a) of this section does not apply to
12-56 payments from a local fund. Subsection (a) of this section does
12-57 apply when a state agency seeks reimbursement of a local fund for a
12-58 payment from the fund.
12-59 SECTION 10. Title 110A, Revised Statutes, is amended by
12-60 adding Article 6252-15c to read as follows:
12-61 Art. 6252-15c. VEHICULAR EQUIPMENT
12-62 Sec. 1. DEFINITION. In this article, "appropriated funds"
12-63 has the meaning assigned by Article 6252-15a, Revised Statutes, and
12-64 its subsequent amendments.
12-65 Sec. 2. APPLICABILITY. This article does not apply to the
12-66 purchase, operation, and maintenance of aircraft.
12-67 Sec. 3. USE OF APPROPRIATED FUNDS. (a) Except as provided
12-68 by Subsections (b) and (c) of this section, a state agency may not
12-69 use appropriated funds for the purchase, operation, and maintenance
12-70 of vehicles.
13-1 (b) The following state agencies may use appropriated funds
13-2 to purchase, operate, and maintain vehicles designed for passenger
13-3 transportation:
13-4 (1) the Texas Youth Commission;
13-5 (2) the Adjutant General's Department;
13-6 (3) the Texas Alcoholic Beverage Commission;
13-7 (4) the Department of Agriculture;
13-8 (5) the Office of the Attorney General;
13-9 (6) the General Services Commission;
13-10 (7) the Texas Department of Criminal Justice;
13-11 (8) the Texas Department of Transportation;
13-12 (9) the Texas Historical Commission;
13-13 (10) the General Land Office and Veteran's Land Board;
13-14 (11) the Parks and Wildlife Department;
13-15 (12) the Railroad Commission of Texas;
13-16 (13) the Department of Public Safety;
13-17 (14) the Texas Water Commission;
13-18 (15) the Texas Water Development Board;
13-19 (16) the Texas State Board of Plumbing Examiners;
13-20 (17) the State Board of Pharmacy; and
13-21 (18) the Texas Low-Level Radioactive Waste Disposal
13-22 Authority.
13-23 (c) A state agency may use appropriated funds to purchase,
13-24 operate, and maintain:
13-25 (1) a panel, pickup, or delivery truck if required for
13-26 the conveyance of special equipment;
13-27 (2) a motorcycle delivery unit;
13-28 (3) a dual control automobile used exclusively for
13-29 driver training;
13-30 (4) a passenger car equipped with a two-way radio if
13-31 the radio is directly required by the user's primary
13-32 responsibility;
13-33 (5) a motorcycle, jeep, or boat required and used for
13-34 fire prevention, fire fighting, or other activities for
13-35 safeguarding public safety, public property, or for criminal law
13-36 enforcement;
13-37 (6) an ambulance or other passenger vehicle
13-38 specifically equipped and regularly used for ambulance services;
13-39 and
13-40 (7) a bus, sedan, van, or station wagon regularly used
13-41 for transportation of more than one person and essential to the
13-42 efficient management of the agency as certified in a report filed
13-43 with the governor's Budget and Planning Office and the Legislative
13-44 Budget Board before acquisition.
13-45 Sec. 4. INTENT OF LEGISLATURE; REPORT. (a) The legislature
13-46 intends for a state agency authorized to purchase a vehicle to
13-47 purchase an economical, fuel-efficient vehicle assembled in the
13-48 United States if the purchase of the vehicle would not have a
13-49 significant detrimental effect on the public service being
13-50 performed through the use of the vehicle.
13-51 (b) A state agency shall include in the agency's annual
13-52 report to the governor's Budget and Planning Office and the
13-53 Legislative Budget Board a description of each vehicle purchased
13-54 under Section 3(b) of this article. The description must include
13-55 the make and model of the vehicle, the purchase price, the assigned
13-56 use, and the United States Environmental Protection Agency's fuel
13-57 efficiency rating for the vehicle.
13-58 Sec. 5. VEHICLE FOR PERSONAL USE. (a) Except as provided
13-59 by Subsection (b) of this section, a state agency may not use
13-60 appropriated funds to purchase, operate, or maintain a vehicle for
13-61 the personal use of a state official or employee.
13-62 (b) A state agency may not allow a state vehicle to be used
13-63 for commuting to or from work unless:
13-64 (1) the chief administrative officer of the agency
13-65 determines that the use is necessary to ensure performance of vital
13-66 agency functions;
13-67 (2) the chief administrative officer approves the use
13-68 for the person using the vehicle; and
13-69 (3) the agency's annual report to the governor's
13-70 Budget and Planning Office and the Legislative Budget Board reports
14-1 the use and specifies the reasons for the use.
14-2 SECTION 11. Title 110A, Revised Statutes, is amended by
14-3 adding Article 6252-15d to read as follows:
14-4 Art. 6252-15d. STATE-OWNED AIRCRAFT; USE OF LEASED AIRCRAFT
14-5 Sec. 1. DEFINITION. In this article, "appropriated funds"
14-6 has the meaning assigned by Article 6252-15a, Revised Statutes, and
14-7 its subsequent amendments.
14-8 Sec. 2. USE OF APPROPRIATED FUNDS. (a) A state agency may
14-9 not use appropriated funds for the purchase or lease, operation,
14-10 and maintenance of aircraft except as provided by this article.
14-11 (b) The following state agencies may use appropriated funds
14-12 to purchase, replace, operate, and maintain state-owned aircraft:
14-13 (1) The Texas A&M University System;
14-14 (2) The University of Texas System;
14-15 (3) the Texas State Technical College System;
14-16 (4) the Texas Department of Criminal Justice;
14-17 (5) the Texas Department of Transportation;
14-18 (6) the Department of Public Safety;
14-19 (7) the Parks and Wildlife Department;
14-20 (8) the Texas Forest Service; and
14-21 (9) the State Aircraft Pooling Board.
14-22 (c) All state-owned aircraft, including any aircraft
14-23 forfeited to or seized by a state agency, are subject to the
14-24 authority of the State Aircraft Pooling Board under the State
14-25 Aircraft Pooling Act (Article 4413 (34b), Vernon's Texas Civil
14-26 Statutes), and its subsequent amendments.
14-27 Sec. 3. REPLACEMENT AIRCRAFT. Appropriated funds may be
14-28 used to replace state-owned aircraft with aircraft of comparable
14-29 quality only if:
14-30 (a) the State Aircraft Pooling Board approves the
14-31 replacement; and
14-32 (b) the governor issues a finding of fact that a report has
14-33 been filed with the governor's office showing that:
14-34 (1) the aircraft to be replaced:
14-35 (A) has been destroyed;
14-36 (B) has deteriorated so that continued operation
14-37 presents a serious hazard; or
14-38 (C) no longer meets the requirements of the
14-39 state agency that is the principal user of the aircraft; and
14-40 (2) other state-owned aircraft cannot be effectively
14-41 used in lieu of a replacement aircraft.
14-42 Sec. 4. INTENT OF LEGISLATURE; USE BY OTHER AGENCIES;
14-43 SCHEDULING. (a) The legislature intends for state-owned aircraft
14-44 to be used by all state agencies.
14-45 (b) Each state agency that operates a state-owned aircraft
14-46 shall file an annual report with the Legislative Budget Board
14-47 detailing other agencies' use of the aircraft and the methods
14-48 employed to increase that use.
14-49 (c) Statewide elected officials shall be given priority in
14-50 the scheduling of aircraft. The State Aircraft Pooling Board may
14-51 require a 12-hour notice by an official before providing priority
14-52 scheduling to the official.
14-53 Sec. 5. LIABILITY INSURANCE. The State Aircraft Pooling
14-54 Board shall purchase liability insurance to protect the officers
14-55 and employees of state agencies operating state-owned aircraft.
14-56 Expenditures necessary to purchase the insurance shall be made on a
14-57 pro rata basis, as determined by the board, from appropriations
14-58 authorized to each agency operating a state-owned aircraft. The
14-59 comptroller shall transfer necessary amounts from the
14-60 appropriations of agencies operating state-owned aircraft to the
14-61 board for the purchase of the liability insurance.
14-62 Sec. 6. USE OF POOLING BOARD FACILITIES AND SERVICES.
14-63 (a) A state agency that operates an aircraft based in Austin shall
14-64 use the State Aircraft Pooling Board's facilities for storing,
14-65 maintaining, and fueling the aircraft to the extent the facilities
14-66 are available.
14-67 (b) A state agency that uses the board's services shall
14-68 reimburse the board for those services not later than the 30th day
14-69 after the date the agency receives the billing.
14-70 Sec. 7. RATES FOR INTERAGENCY USE OF AIRCRAFT. Rates
15-1 charged for interagency aircraft services are valid only if
15-2 approved by the State Aircraft Pooling Board. The board may not
15-3 approve the rates unless they are sufficient for recovery, to the
15-4 extent possible, of all direct expenses for the services provided,
15-5 including the pro rata share of major maintenance, overhauls, and
15-6 pilots' salaries.
15-7 Sec. 8. USE OF AIRCRAFT. Except for appropriations made to
15-8 the State Aircraft Pooling Board and the comptroller, appropriated
15-9 funds may not be expended for leasing or operating an aircraft
15-10 unless:
15-11 (1) the purpose of each flight of the aircraft is
15-12 official state business, as determined and certified to the
15-13 comptroller by the board;
15-14 (2) each passenger on each flight of the aircraft is a
15-15 state officer or employee, a person in the care or custody of a
15-16 state officer or employee, or a person whose transportation
15-17 furthers the official state business purpose of the flight;
15-18 (3) the destination of each flight of the aircraft is
15-19 not served by a commercial airline, the time required to use a
15-20 commercial airline interferes with other obligations, or the number
15-21 of state officers and employees on each flight of the aircraft
15-22 makes using the aircraft more cost-effective than using a
15-23 commercial airline;
15-24 (4) any speeches to be given by passengers on each
15-25 flight of the aircraft are related to official state business;
15-26 (5) the events attended by each passenger on each
15-27 flight of the aircraft are not sponsored by a political party and
15-28 are not for the promotion of a political party;
15-29 (6) no passenger on any flight of the aircraft
15-30 receives a fee or honorarium unless each passenger receiving a fee
15-31 or honorarium reimburses the state for the cost of transporting the
15-32 passenger on the flight;
15-33 (7) the business of each passenger on each flight of
15-34 the aircraft does not involve the raising of money for private or
15-35 political purposes; and
15-36 (8) the business of each passenger on each flight of
15-37 the aircraft does not involve the charging of a fee or an admission
15-38 charge to see or hear the passenger.
15-39 Sec. 9. LEASE OR RENTAL OF AIRCRAFT. (a) The State
15-40 Aircraft Pooling Board shall authorize a state agency to expend
15-41 appropriated funds to lease or rent an aircraft not owned by the
15-42 state if:
15-43 (1) a state-owned aircraft is not available through
15-44 the board; or
15-45 (2) the board determines that the lease or rental
15-46 would reduce the state's transportation costs.
15-47 (b) A state agency may not expend appropriated funds for the
15-48 lease or rental of aircraft not owned by the state unless:
15-49 (1) the State Aircraft Pooling Board has authorized
15-50 the expenditure under Subsection (a) of this section; or
15-51 (2) the agency is reimbursing mileage as authorized by
15-52 Article 6252-15a, Revised Statutes, and its subsequent amendments.
15-53 (c) Subsection (b) of this subsection does not apply to a
15-54 state agency in the legislative branch.
15-55 SECTION 12. Section 1, Chapter 211, Acts of the 66th
15-56 Legislature, 1979 (Article 6252-20b, Vernon's Texas Civil
15-57 Statutes), is amended by adding Subsection (d) to read as follows:
15-58 (d) The comptroller may adopt procedures and rules to
15-59 administer this Act.
15-60 SECTION 13. Section 1, Chapter 2, Acts of the 64th
15-61 Legislature, 1975 (Article 6813c, Vernon's Texas Civil Statutes),
15-62 is amended to read as follows:
15-63 Sec. 1. The <Travel expense reimbursements and the> state's
15-64 participation in group insurance premiums for all state officers
15-65 and employees shall be in such sums or amounts as may be provided
15-66 for by the legislature in the General Appropriations Act.
15-67 SECTION 14. Subdivision (1), Section 1, Article 6813d-1,
15-68 Revised Statutes, is amended to read as follows:
15-69 (1) "Full-time state employee" means<:>
15-70 <(A)> a state employee who <works in the
16-1 executive or judicial branch of state government and who> is
16-2 normally scheduled to work a total of at least 40 hours per week in
16-3 all positions held in state government <one position; or>
16-4 <(B) a state employee who works in the
16-5 legislative branch of state government and who is normally
16-6 scheduled to work a total of 40 or more hours per week in all
16-7 positions held in the legislative branch>.
16-8 SECTION 15. Section 3, Article 6813d-1, Revised Statutes, is
16-9 amended by adding Subsection (c) to read as follows:
16-10 (c) The longevity pay of a person whose compensation
16-11 includes the pay and who works for more than one state agency must
16-12 be paid by each employing state agency in proportion to the number
16-13 of hours the person works for each agency. If the person works at
16-14 least 40 hours each week for one state agency, then that agency
16-15 must pay the person's entire longevity pay.
16-16 SECTION 16. (a) Sections 1, 2, 3, 4, and 5, Article 6813g,
16-17 Revised Statutes, are amended to read as follows:
16-18 Sec. 1. DEFINITIONS. In this article:
16-19 (1) "Qualified vendor" means a vendor with which the
16-20 retirement system has contracted for participation in a
16-21 supplemental optional benefit program.
16-22 (2) "Retirement system" means the Employees Retirement
16-23 System of Texas.
16-24 (3) "State <"state> agency" means a department,
16-25 commission, board, office, or other agency of any branch of state
16-26 government, including an institution of higher education as defined
16-27 by Section 61.003, Education Code.
16-28 (4) "Supplemental optional benefit program" includes a
16-29 program of permanent life insurance.
16-30 Sec. 2. DEDUCTIONS <DEDUCTION AUTHORIZED>. (a) The
16-31 deductions authorized by this section are in <In> addition to
16-32 deductions for coverage under the Texas Employees Uniform Group
16-33 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
16-34 Code) or other law.
16-35 (b) An<, an> employee of a state agency may authorize <in
16-36 writing> a deduction each pay period from the employee's salary or
16-37 wage payment for coverage of the employee under a supplemental
16-38 optional benefits program<, including a program of permanent life
16-39 insurance, catastrophic illness insurance, disability insurance, or
16-40 prepaid legal services,> that <may be made if the program> has been
16-41 established <approved> by the retirement system <Employees
16-42 Retirement System of Texas> under Section 3 of this article. The
16-43 <written> authorization must direct the <comptroller or, if
16-44 applicable, the appropriate> financial officer of the employee's
16-45 employing state agency <an institution of higher education> to
16-46 transfer the deducted <withheld> funds to the program designated by
16-47 the employee. The <comptroller or> financial officer shall comply
16-48 with the direction.
16-49 (c) An employee of a state agency or the employee's designee
16-50 may change or revoke an authorization provided under Subsection (b)
16-51 of this section by giving notice to the agency.
16-52 Sec. 3. ELIGIBLE PROGRAMS <PROGRAM>. (a) Except as
16-53 provided by Subsection (b) of this section, the retirement system
16-54 <The Employees Retirement System of Texas> shall establish and
16-55 administer a supplemental optional benefit program if the
16-56 retirement system determines that the program promotes <designate
16-57 supplemental benefit programs that are eligible to receive
16-58 deductions under Section 2 of this article and that promote> the
16-59 interests of the state and state agency employees.
16-60 (b) The retirement system is not required to establish and
16-61 administer a supplemental optional benefit program if the
16-62 legislature has not appropriated sufficient funds to the retirement
16-63 system for the establishment and administration of the program.
16-64 (c) As provided by rules adopted by the retirement system,
16-65 the retirement system may contract with a qualified vendor or
16-66 vendors to participate in a supplemental optional benefit program.
16-67 The retirement system may include provisions in the contract
16-68 requiring the vendor or vendors to be audited annually by an
16-69 independent auditor that is paid by the vendor or vendors and
16-70 requiring the vendor or vendors to provide such information and
17-1 reports as the retirement system may deem appropriate.
17-2 (d) The retirement system may establish and administer more
17-3 than one supplemental optional benefit program.
17-4 Sec. 4. RULES <FORM; DURATION>. <(a)> The retirement
17-5 system shall adopt rules for the administration of each
17-6 supplemental optional benefit program established under Section 3
17-7 of this article. The rules must be consistent with the
17-8 requirements of the uniform statewide accounting system, including
17-9 the uniform statewide payroll system <payroll deduction must be
17-10 accomplished in a form and manner prescribed by the comptroller or
17-11 the appropriate financial officer of an institution of higher
17-12 education>.
17-13 <(b) The employee or the employee's designee may change or
17-14 revoke the deduction authorization by delivering written notice of
17-15 the change or revocation to the comptroller or financial officer,
17-16 as appropriate. The authorization is effective until the date the
17-17 comptroller or financial officer receives the notice. The notice
17-18 must be given in a form and manner prescribed by the comptroller or
17-19 financial officer.>
17-20 Sec. 5. VOLUNTARY PARTICIPATION. Participation by employees
17-21 of state agencies in any supplemental optional benefit <the>
17-22 program established by the retirement system <authorized by this
17-23 article> is voluntary.
17-24 (b) Section 6, Article 6813g, Revised Statutes, is repealed.
17-25 SECTION 17. (a) The Travel Regulations Act of 1959 (Article
17-26 6823a, Vernon's Texas Civil Statutes) is repealed.
17-27 (b) A reference to the Travel Regulations Act of 1959
17-28 (Article 6823a, Vernon's Texas Civil Statutes) in the General
17-29 Appropriations Act for fiscal years 1994 and 1995 is a reference to
17-30 Article 6252-15a, Revised Statutes, as added by this Act.
17-31 SECTION 18. Subsection (c), Section 3, Article 6826, Revised
17-32 Statutes, is amended to read as follows:
17-33 (c) In this section, "working day" means a day other than
17-34 Saturday, Sunday, or a national holiday<, or a state holiday> as
17-35 listed in the General Appropriations Act or Article 4591.2, Revised
17-36 Statutes. A day does not cease to be a national holiday because a
17-37 state agency maintains or is required to maintain a minimum working
17-38 staff on the holiday.
17-39 SECTION 19. Subsection (a), Section 24.019, Government Code,
17-40 is amended to read as follows:
17-41 (a) A district judge engaged in the discharge of official
17-42 duties in a county other than the judge's county of residence is
17-43 entitled to traveling and other necessary expenses, as provided by
17-44 <the Travel Regulations Act of 1959 (>Article 6252-15a, Revised
17-45 <6823a, Vernon's Texas Civil> Statutes<)>.
17-46 SECTION 20. Subsection (a), Section 43.004, Government Code,
17-47 is amended to read as follows:
17-48 (a) A district attorney engaged in the discharge of official
17-49 duties in a county other than the district attorney's county of
17-50 residence is entitled to traveling and other necessary expenses, as
17-51 provided by <the Travel Regulations Act of 1959 (>Article 6252-15a,
17-52 Revised <6823a, Vernon's Texas Civil> Statutes<)>.
17-53 SECTION 21. Subsection (c), Section 73.003, Government Code,
17-54 is amended to read as follows:
17-55 (c) If a case is transferred to a court that regularly sits
17-56 not more than 35 miles from the place the court from which the case
17-57 was transferred regularly sits, the court, at the discretion of its
17-58 chief justice and after notice to the parties or their counsel, may
17-59 hear oral arguments at the place it regularly sits. For purposes
17-60 of this subsection, the place where a court of appeals regularly
17-61 sits is that specified in Subchapter C, Chapter 22, and the mileage
17-62 between the places is that determined by the comptroller under
17-63 <Subsection c, Section 6, Travel Regulations Act of 1959 (>Article
17-64 6252-15a, Revised <6823a, Vernon's Texas Civil> Statutes<)>.
17-65 SECTION 22. Subsection (b), Section 403.0165, Government
17-66 Code, is amended to read as follows:
17-67 (b) The comptroller <by rule shall establish an annual
17-68 transfer authorization period and> shall promulgate rules for
17-69 transfers by employees to a certified eligible state employee
17-70 organization.
18-1 SECTION 23. Subchapter B, Chapter 403, Government Code, is
18-2 amended by adding Section 403.022 to read as follows:
18-3 Sec. 403.022. RULES. (a) The comptroller may adopt rules
18-4 to interpret, implement, and administer a state statute if:
18-5 (1) the statute specifically authorizes or requires
18-6 the comptroller to interpret, implement, or administer the statute;
18-7 or
18-8 (2) the comptroller determines that the rules are
18-9 necessary for fulfillment of the comptroller's constitutional or
18-10 statutory duties.
18-11 (b) Subsection (a) does not apply to a state statute if the
18-12 statute specifically authorizes the comptroller or a state agency
18-13 to adopt rules to interpret, implement, and administer the statute.
18-14 SECTION 24. Subsection (h), Section 40.303, Natural
18-15 Resources Code, is amended to read as follows:
18-16 (h) Appointed members shall not receive compensation for
18-17 their services but shall receive per diem and expenses for travel
18-18 while carrying out official business of the council, as provided by
18-19 the legislature in the General Appropriations Act pursuant to <the
18-20 Travel Regulation Act of 1959 (>Article 6252-15a, Revised <6823a,
18-21 Vernon's Texas Civil> Statutes<)>.
18-22 SECTION 25. This Act takes effect September 1, 1993.
18-23 SECTION 26. The importance of this legislation and the
18-24 crowded condition of the calendars in both houses create an
18-25 emergency and an imperative public necessity that the
18-26 constitutional rule requiring bills to be read on three several
18-27 days in each house be suspended, and this rule is hereby suspended.
18-28 * * * * *
18-29 Austin,
18-30 Texas
18-31 April 15, 1993
18-32 Hon. Bob Bullock
18-33 President of the Senate
18-34 Sir:
18-35 We, your Committee on Finance to which was referred S.B. No. 751,
18-36 have had the same under consideration, and I am instructed to
18-37 report it back to the Senate with the recommendation that it do not
18-38 pass, but that the Committee Substitute adopted in lieu thereof do
18-39 pass and be printed.
18-40 Montford,
18-41 Chairman
18-42 * * * * *
18-43 WITNESSES
18-44 FOR AGAINST ON
18-45 ___________________________________________________________________
18-46 Name: Kenny McLeskey x
18-47 Representing: Comptroller's Office
18-48 City: Austin
18-49 -------------------------------------------------------------------
18-50 Name: Donna Clay x
18-51 Representing: Comptroller's Office
18-52 City: Austin
18-53 -------------------------------------------------------------------