1-1 By: Armbrister S.B. No. 752
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. 752 By: Armbrister
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the receipt, management, and expenditure of funds by
1-25 state agencies and political subdivisions.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Article 3, State Purchasing and General Services
1-28 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-29 adding Section 3.33 to read as follows:
1-30 Sec. 3.33. CREDIT CARDS. (a) If authorized by rule adopted
1-31 by the comptroller under Section 403.023, Government Code, the
1-32 commission may contract with one or more credit card issuers for
1-33 state agencies to use credit cards to pay for purchases. The
1-34 commission may not enter into a contract that conflicts with the
1-35 comptroller's rules.
1-36 (b) This section does not apply to contracts regarding
1-37 travel services or the use of credit cards to pay for travel
1-38 services under Article 14 of this Act.
1-39 (c) In this section and notwithstanding Section 1.02 of this
1-40 Act, "state agency" has the meaning assigned by Section 403.023(d),
1-41 Government Code.
1-42 SECTION 2. Subsection (h), Section 3, Article 4348e, Revised
1-43 Statutes, is amended to read as follows:
1-44 (h) The comptroller may adopt procedures and <shall
1-45 promulgate> rules for the effective operation of the uniform
1-46 statewide accounting system, including procedures and rules about
1-47 the method used to calculate the net compensation of a state
1-48 officer or employee.
1-49 SECTION 3. (a) Subsection (c), Section 5, Chapter 720, Acts
1-50 of the 66th Legislature, Regular Session, 1979 (Article 4413(33a),
1-51 Vernon's Texas Civil Statutes), is repealed.
1-52 (b) Section 9, Chapter 720, Acts of the 66th Legislature,
1-53 Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
1-54 Statutes), is repealed.
1-55 (c) Section 10, Chapter 720, Acts of the 66th Legislature,
1-56 Regular Session, 1979 (Article 4413(33a), Vernon's Texas Civil
1-57 Statutes), is amended to read as follows:
1-58 Sec. 10. APPLICATION. Sections 4 through 8 <9> of this Act
1-59 do not apply to the distribution of information that is required by
1-60 law.
1-61 SECTION 4. Article 1.12, Title 79, Revised Statutes (Article
1-62 5069-1.12, Vernon's Texas Civil Statutes), is amended to read as
1-63 follows:
1-64 Art. 1.12. (a) In a sales transaction for goods or services
1-65 involving the use of a credit card for an extension of credit, the
1-66 seller may not impose a surcharge on the buyer because the buyer
1-67 uses a credit card instead of cash, a check, or similar means of
1-68 payment.
2-1 (b) Section (a) of this article does not apply to a state
2-2 agency, county, local government, or other governmental entity that
2-3 accepts credit cards for the payment of fees, taxes, and other
2-4 charges.
2-5 SECTION 5. Subsection (d), Section 9, Texas Unemployment
2-6 Compensation Act (Article 5221b-7, Vernon's Texas Civil Statutes),
2-7 is amended to read as follows:
2-8 (d) If a warrant has been issued by the comptroller
2-9 <Comptroller> in payment of benefits as provided under this Act<,>
2-10 and <if> the claimant entitled to receive the <such> warrant
2-11 furnishes proof satisfactory to the comptroller that the claimant
2-12 has lost <or loses,> or for any reason failed <or fails> to receive
2-13 the <such> warrant <after such warrant is or has been issued by the
2-14 Comptroller, and upon satisfactory proof of such>, then the
2-15 comptroller <Comptroller> may issue to the claimant a replacement
2-16 <duplicate> warrant as provided <for> in Section 403.054,
2-17 Government Code. Notwithstanding Section 403.054, Government Code,
2-18 the comptroller may not issue a replacement <Article 4365, Revised
2-19 Civil Statutes of Texas, 1925, but in no event shall a duplicate>
2-20 warrant <be issued> after one year from the date of the original
2-21 warrant.
2-22 The state treasurer may not pay a <If, after any> warrant
2-23 that has been issued <by the Comptroller payable> to pay <a
2-24 claimant for> benefits under the provisions of this Act unless the
2-25 warrant is presented<, and such warrant shall have been lost or
2-26 misplaced, or if claimant for any reason fails or refuses to
2-27 present said warrant> for payment within twelve <12> months after
2-28 the date of issuance <of such warrant, such warrant shall be
2-29 cancelled, and thereafter no payment shall be made by the Treasurer
2-30 on such warrant, and no duplicate warrant in place thereof shall
2-31 ever be issued>.
2-32 SECTION 6. Article 5999, Revised Statutes, is amended to
2-33 read as follows:
2-34 Art. 5999. Depository of bonds. Except as otherwise
2-35 provided by this article or other law, the <The> bond of each
2-36 officer who is required by law to give an official bond payable to
2-37 the Governor or to the State shall be deposited with the
2-38 Comptroller by the officer who approves the same. The bond<,
2-39 except that> of the Comptroller <which> shall be deposited with the
2-40 Secretary of State.
2-41 SECTION 7. Subsection (b), Section 2, Chapter 22, Acts of
2-42 the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5,
2-43 Vernon's Texas Civil Statutes), is amended to read as follows:
2-44 (b) The comptroller or the governing board, as the case may
2-45 be, may:
2-46 (1) reduce the salary of participants when authorized
2-47 by participants <in writing> and shall apply the amount of the
2-48 reduction to the purchase of annuity contracts or to contributions
2-49 to any type of investment authorized in Section 403(b) of the
2-50 Internal Revenue Code of 1954, as it existed on January 1, 1981,
2-51 the exclusive control of which will vest in the participants; and
2-52 (2) develop a system to allow or require participants
2-53 to electronically authorize:
2-54 (A) participation under this Act;
2-55 (B) purchases of annuity contracts; and
2-56 (C) contributions to investments.
2-57 SECTION 8. Subsection (a), Section 2, Chapter 269, Acts of
2-58 the 65th Legislature, Regular Session, 1977 (Article 6243e.3,
2-59 Vernon's Texas Civil Statutes), is amended to read as follows:
2-60 (a) The <A> Fire Fighters' Relief and Retirement Fund is
2-61 created as a trust fund with the state treasurer.
2-62 SECTION 9. Section 14, Chapter 269, Acts of the 65th
2-63 Legislature, Regular Session, 1977 (Article 6243e.3, Vernon's Texas
2-64 Civil Statutes), is amended by adding Subsection (f) to read as
2-65 follows:
2-66 (f) When investing the surplus of the fund, the commissioner
2-67 and the trustees are a governing body of a public retirement system
2-68 for the purpose of Section 802.205, Government Code.
2-69 SECTION 10. Sections 1, 2, 3, and 4, Chapter 603, Acts of
2-70 the 51st Legislature, Regular Session, 1949 (Article 6252-3,
3-1 Vernon's Texas Civil Statutes), are amended to read as follows:
3-2 Sec. 1. Whenever any officer or employee of the State of
3-3 Texas, or of any county or other political subdivision or municipal
3-4 corporation therein, shall voluntarily authorize <in writing> his
3-5 or her department head, in case such person is a state officer or
3-6 employee, or the disbursing officer of the county or other
3-7 political subdivision or municipal corporation, in case such person
3-8 is an officer or employee of the county or other political
3-9 subdivision or municipal corporation, to withhold a specified
3-10 portion of his or her salary or compensation for the purpose of
3-11 purchasing United States Savings Bonds, said department head or
3-12 disbursing officer, as the case may be, may withhold from such
3-13 person's salary or compensation for the period and in the amount
3-14 stated in the authorization, each and every payday during such
3-15 period, unless such authorization is terminated as hereinafter
3-16 provided. Such withholding shall be effected by deducting the
3-17 amount so authorized on the payroll of such department, county,
3-18 political subdivision or municipal corporation when presented to
3-19 the Comptroller of Public Accounts or other disbursing officer, as
3-20 the case may be, for warrants to be issued or funds transferred in
3-21 payment thereof.
3-22 Sec. 2. The Comptroller of Public Accounts shall prescribe
3-23 the proper form of payroll for State officers and employees in
3-24 order to comply with this purpose. The disbursing officer of the
3-25 county or other political subdivision or municipal corporation
3-26 referred to herein shall, for the same purpose, prescribe the
3-27 proper form of payroll for the officers and employees thereof.
3-28 When such payroll is presented to the Comptroller or other
3-29 disbursing officer, as the case may be, for payment, a warrant
3-30 shall issue to each officer or employee, whose name appears
3-31 thereon, for the full amount of his or her salary less the amount
3-32 deducted for the purpose of purchasing United States Savings Bonds,
3-33 and a warrant shall issue to the State Department head or to the
3-34 disbursing officer referred to herein, as the case may be, for the
3-35 total amount deducted for all officers or employees for the current
3-36 payroll period. The warrant for said total deduction shall be
3-37 deposited with the State Treasurer, or with the official Treasurer
3-38 of the county or other political subdivision or municipal
3-39 corporation, as the case may be, in trust to be held by said
3-40 officer until disbursed by said department head or disbursing
3-41 officer, as the case may be, for the purchase of United States
3-42 Savings Bonds for the individual designated in said authorization
3-43 filed with said department head or disbursing officer. Said trust
3-44 account shall be designated as "War Bond Payroll Savings Account,"
3-45 and funds deposited therein shall be paid out by said Treasurer on
3-46 proper warrants drawn by said department head or disbursing
3-47 officer, as the case may be. When this section requires a written
3-48 authorization, the authorization may instead be accomplished
3-49 through electronic means. When this section requires a
3-50 disbursement, deposit, or purchase to be made by warrant, the
3-51 disbursement, deposit, or purchase may instead be made through
3-52 electronic means.
3-53 Sec. 3. The department head or disbursing officer, as the
3-54 case may be, shall use such funds so withheld and so deposited in
3-55 trust for the purpose of purchasing United States Savings Bonds of
3-56 the denomination designated and authorized in said <written>
3-57 authorization, whenever such person shall have a sufficient sum of
3-58 such withheld sums to pay for such bond, and shall immediately
3-59 deliver the bond to the person entitled thereto or shall mail the
3-60 same to the address designated by such person in said <written>
3-61 authorization. Said department head or disbursing officer, as the
3-62 case may be, shall keep proper records at all times showing
3-63 itemization of moneys so withheld and disbursed by him in
3-64 compliance with this Act.
3-65 Sec. 4. The head of any State Department or the disbursing
3-66 officer of any county or other political subdivision or municipal
3-67 corporation of the State of Texas shall cease to withhold any of
3-68 the above-mentioned funds from any of said salaries or
3-69 compensations under said <written> authorization upon the happening
3-70 of any of the following: (a) Termination of employment.
4-1 (b) Notice <Written notice> of cancellation of such former
4-2 authorization.
4-3 (c) Termination of the arrangement for withholding of such
4-4 funds by the State Department heads or disbursing officers, as the
4-5 case may be.
4-6 Upon such termination, the money, if any, so withheld, which
4-7 has not been invested in bonds, shall be immediately remitted by
4-8 proper warrant or electronic means to the officer or employee from
4-9 whose salary or compensation such money has been withheld.
4-10 SECTION 11. Sections 1.36, 1.42, 1.43, 2.45, 2.50, and 2.51,
4-11 Article 6252-3g, Revised Statutes, are amended to read as follows:
4-12 Sec. 1.36. RULEMAKING. The Employees Retirement System may
4-13 adopt rules, regulations, plans, procedures, and orders necessary
4-14 to carry out the purposes of this subpart including:
4-15 (1) the selection and regulation of vendors of
4-16 investment products;
4-17 (2) the regulation of practices of agents or salesmen
4-18 employed by vendors of investment products;
4-19 (3) the disclosure of information concerning
4-20 investment products;
4-21 (4) the regulation of advertising materials to be used
4-22 by vendors of investment products; <and>
4-23 (5) the development of a system to facilitate the
4-24 electronic authorization, distribution, transfer, and investment of
4-25 deferrals; and
4-26 (6) the submission of financial information by a
4-27 vendor.
4-28 Sec. 1.42. CONTRACT FOR DEFERMENT. The Employees Retirement
4-29 System may contract with an employee of a participating state
4-30 agency for the deferment of any part of the employee's
4-31 compensation. As part of the contract, the employee must consent
4-32 to automatic payroll deductions in an amount equal to the part
4-33 deferred. The employee may change the amount deferred from the
4-34 employee's compensation by notifying the plan administrator in
4-35 accordance with the plan administrator's requirements <writing>.
4-36 Sec. 1.43. INVESTMENT AND TRANSFER. After the execution of
4-37 the contract between the Employees Retirement System or the
4-38 Employees Retirement System's designee and an employee, the plan
4-39 administrator shall:
4-40 (1) invest the employee's deferrals and investment
4-41 income in the qualified investment products designated <in writing>
4-42 by the employee; and
4-43 (2) promptly transfer the employee's deferrals and
4-44 investment income from one qualified investment product to another
4-45 in accordance with the plan administrator's requirements <on the
4-46 employee's written request>.
4-47 Sec. 2.45. RULEMAKING. The Employees Retirement System may
4-48 adopt rules, regulations, plans, procedures, and orders necessary
4-49 to carry out the purposes of this subpart including:
4-50 (1) the selection and regulation of vendors of
4-51 investment products;
4-52 (2) the regulation of practices of agents or salesmen
4-53 employed by vendors of investment products;
4-54 (3) the disclosure of information concerning
4-55 investment products;
4-56 (4) the regulation of advertising materials to be used
4-57 by vendors of investment products; <and>
4-58 (5) the development of a system to facilitate the
4-59 electronic authorization, distribution, transfer, and investment of
4-60 deferrals; and
4-61 (6) the submission of financial information by a
4-62 vendor.
4-63 Sec. 2.50. CONTRACT FOR DEFERMENT. The Employees Retirement
4-64 System may contract with an employee of a participating state
4-65 agency for the deferment of any part of the employee's
4-66 compensation. As part of the contract, the employee must consent
4-67 to automatic payroll deductions in an amount equal to the part
4-68 deferred. The employee may change the amount deferred from the
4-69 employee's compensation by notifying the plan administrator or the
4-70 plan administrator's designee in accordance with the plan
5-1 administrator's requirements <writing>.
5-2 Sec. 2.51. INVESTMENT AND TRANSFER. After the execution of
5-3 the contract between the Employees Retirement System or the
5-4 Employees Retirement System's designee and an employee, the plan
5-5 administrator shall:
5-6 (1) invest the employee's deferrals and investment
5-7 income in the qualified investment products designated <in writing>
5-8 by the employee; and
5-9 (2) promptly transfer the employee's deferrals and
5-10 investment income from one qualified investment product to another
5-11 in accordance with the plan administrator's requirements <on the
5-12 employee's written request>.
5-13 SECTION 12. Subsections (c), (d), (l), and (m), Section 14,
5-14 Administrative Procedure and Texas Register Act (Article 6252-13a,
5-15 Vernon's Texas Civil Statutes), are amended to read as follows:
5-16 (c) On its own motion or on the written request of any party
5-17 to a contested case pending before it, on a showing of good cause,
5-18 and on deposit of sums that will reasonably insure payment of the
5-19 amounts estimated to accrue under Subsections (l) and (m) <(1) and
5-20 (2)> of this section, an agency shall issue a subpoena addressed to
5-21 the sheriff or any constable to require the attendance of witnesses
5-22 and the production of books, records, papers, or other objects as
5-23 may be necessary and proper for the purposes of the proceedings.
5-24 (d) On its own motion or on the written request of any party
5-25 to a contested case pending before it and on deposit of sums that
5-26 will reasonably insure payment of the amounts estimated to accrue
5-27 under Subsections (l) and (m) <(1) and (2)> of this section, an
5-28 agency shall issue a commission, addressed to the several officers
5-29 authorized by statute to take depositions, to require that the
5-30 deposition of a witness be taken, which commission shall authorize
5-31 the issuance of any subpoenas necessary to require that the witness
5-32 appear and produce, at the time the deposition is taken, books,
5-33 records, papers, or other objects as may be necessary and proper
5-34 for the purposes of the proceeding. The deposition of a member of
5-35 an agency board may not be taken after a date has been set for
5-36 hearing.
5-37 (l) A witness or deponent who is not a party and who is
5-38 subpoenaed or otherwise compelled to attend any hearing or
5-39 proceeding to give a deposition or to produce books, records,
5-40 papers, or other objects that may be necessary and proper for the
5-41 purposes of the proceeding under the authority of this section is
5-42 entitled to receive:
5-43 (1)(A) mileage of 10 cents a mile, or a greater amount
5-44 as prescribed by agency rule, for going to, and returning from the
5-45 place of the hearing or the place where the deposition is taken, if
5-46 the place is more than 25 miles from the person's place of
5-47 residence and if the person uses the person's personally owned or
5-48 leased motor vehicle for the travel; or
5-49 (B) reimbursement of the transportation expenses
5-50 of the witness or deponent while going to and returning from the
5-51 place of the hearing or the place where the deposition is taken, if
5-52 the place is more than 25 miles from the person's place of
5-53 residence and if the person does not use the person's personally
5-54 owned or leased motor vehicle for the travel;
5-55 (2) reimbursement of the meal and lodging expenses of
5-56 the witness or deponent while going to and returning from the place
5-57 of the hearing or the place where the deposition is taken, if the
5-58 place is more than 25 miles from the person's place of residence;
5-59 and
5-60 (3) <(2)> a fee of $10 a day, or a greater amount as
5-61 prescribed by agency rule, for each day or part of a day the person
5-62 is necessarily present as a witness or deponent.
5-63 (m)(l) The mileage, transportation, meal, and lodging
5-64 expenses <Mileage> and the fees that must be reimbursed or paid <to
5-65 which a witness is entitled> under this section shall be paid or
5-66 reimbursed by the party or agency at whose request the witness or
5-67 deponent appears or the deposition is taken. When an agency is
5-68 required to make a payment or reimbursement the agency must present
5-69 <, on presentation of proper> vouchers to the comptroller that have
5-70 been sworn by the witness or deponent and approved by the agency in
6-1 accordance with Article 6252-31, Revised Statutes, as added by
6-2 Section 35, Chapter 641, Acts of the 72nd Legislature, Regular
6-3 Session, 1991.
6-4 (2) An agency may directly pay a commercial
6-5 transportation company for the transportation expenses and a
6-6 commercial lodging establishment for the lodging expenses of a
6-7 witness or deponent if this section otherwise requires the agency
6-8 to reimburse the witness or deponent for those expenses.
6-9 (3) An agency may not pay a commercial transportation
6-10 company or commercial lodging establishment or reimburse a witness
6-11 or deponent for transportation, meals, or lodging expenses under
6-12 this section at rates that exceed the maximum rates provided by law
6-13 for state employees. An agency may not adopt rules that provide
6-14 for payment or reimbursement rates that exceed those maximum rates.
6-15 (4) In this subsection:
6-16 (A) "Commercial lodging establishment" means a
6-17 motel, hotel, inn, apartment, or similar entity that offers lodging
6-18 to the public in exchange for compensation.
6-19 (B) "Commercial transportation company" means an
6-20 entity that offers transportation of people or goods to the public
6-21 in exchange for compensation.
6-22 SECTION 13. Section 1, Chapter 220, Acts of the 42nd
6-23 Legislature, Regular Session, 1931 (Article 6252-21, Vernon's Texas
6-24 Civil Statutes), is amended to read as follows:
6-25 Sec. 1. Whoever uses an automobile or truck owned by this
6-26 State for any purpose shall make a written report of such use to
6-27 the Head of the Department, Institution, Board, Commission or other
6-28 Agency of this State having charge of such automobile or truck,
6-29 such reports to be made daily when such vehicles are in use, a
6-30 separate report being made for each day, and such reports shall be
6-31 made on forms prescribed by the General Services Commission
6-32 <comptroller>. Such reports shall show the purpose for which such
6-33 vehicle was used, the mileage traveled, the amounts of gasoline and
6-34 oil consumed, the passengers carried, and such other information as
6-35 may be necessary to provide a proper record of the use of such
6-36 vehicle. Said reports shall be official records of the State and
6-37 shall be subject to inspection by any official of this State who
6-38 shall be authorized to audit or inspect claims, accounts or records
6-39 of any State Department, Institution, Board, Commission or Agency
6-40 of the State.
6-41 SECTION 14. Subdivision (5), Section 1, Article 6252-31,
6-42 Revised Statutes, as added by Section 35, Chapter 641, Acts of the
6-43 72nd Legislature, Regular Session, 1991, is amended to read as
6-44 follows:
6-45 (5) "State agency" means a department, board,
6-46 commission, committee, council, agency, office, or other entity
6-47 that is in the executive, legislative, or judicial branch of state
6-48 government. The term includes an institution of higher education
6-49 as defined by Section 61.003, Education Code. The term excludes <a
6-50 public junior college and> an entity the jurisdiction of which is
6-51 limited to a geographical portion of the state.
6-52 SECTION 15. Section 6, Article 6252-31, Revised Statutes, as
6-53 added by Section 35, Chapter 641, Acts of the 72nd Legislature,
6-54 Regular Session, 1991, is amended by adding Subsection (d) to read
6-55 as follows:
6-56 (d) A system for the electronic submission and approval of
6-57 vouchers may provide for the secretary of state to approve the
6-58 comptroller's account electronically.
6-59 SECTION 16. Chapter 16, Acts of the 67th Legislature,
6-60 Regular Session, 1981 (Article 6813e, Vernon's Texas Civil
6-61 Statutes), is amended by adding Section 2A to read as follows:
6-62 Sec. 2A. COMPTROLLER DETERMINES PRIORITY. The comptroller
6-63 may determine by rule the priority of deductions to the extent that
6-64 the laws, regulations, and rules of this state and the federal
6-65 government do not otherwise specify the priority. This section
6-66 applies only to the compensation paid by a state governmental body.
6-67 SECTION 17. Subsection (a), Section 22.001, Civil Practice
6-68 and Remedies Code, is amended to read as follows:
6-69 (a) Except as provided in Section 22.002, a <A> witness is
6-70 entitled to:
7-1 (1) one dollar for each day the witness attends
7-2 court; and
7-3 (2) six cents for each mile the witness travels in
7-4 going to and returning from court.
7-5 SECTION 18. Subchapter A, Chapter 22, Civil Practice and
7-6 Remedies Code, is amended by adding Section 22.002 to read as
7-7 follows:
7-8 Sec. 22.002. FEES FOR WITNESSES SUMMONED BY A STATE AGENCY.
7-9 (a) In this section:
7-10 (1) "Commercial lodging establishment" means a motel,
7-11 hotel, inn, apartment, or similar entity that offers lodging to the
7-12 public in exchange for compensation.
7-13 (2) "Commercial transportation company" means an
7-14 entity that offers transportation of people or goods to the public
7-15 in exchange for compensation.
7-16 (b) A witness summoned by a state agency is entitled to
7-17 receive from the agency:
7-18 (1) one dollar for each day the witness attends court;
7-19 (2) mileage at the rate provided by law for state
7-20 employees if the witness uses the witness's personally owned or
7-21 leased motor vehicle to attend court;
7-22 (3) reimbursement of the witness's transportation
7-23 expenses if the witness does not use the witness's personally owned
7-24 or leased motor vehicle to attend court; and
7-25 (4) reimbursement of the witness's meal and lodging
7-26 expenses while attending court if the court is at least 25 miles
7-27 from the witness's place of residence.
7-28 (c) A state agency may directly pay a commercial
7-29 transportation company for the transportation expenses and a
7-30 commercial lodging establishment for the lodging expenses of a
7-31 witness if this section otherwise requires the agency to reimburse
7-32 the witness for those expenses.
7-33 (d) A state agency may not pay a commercial transportation
7-34 company or a commercial lodging establishment or reimburse a
7-35 witness for transportation, meal, or lodging expenses under this
7-36 section at rates that exceed the maximum rates provided by law for
7-37 state employees.
7-38 (e) After receiving the witness's affidavit, the court clerk
7-39 shall issue a certificate stating the fees incurred under this
7-40 section.
7-41 (f) The witness fees must be taxed in the bill of costs as
7-42 other costs.
7-43 SECTION 19. Article 35.27, Code of Criminal Procedure, is
7-44 amended by amending Sections 1, 2, 3, 4, 7, and 9 and by adding
7-45 Section 2A to read as follows:
7-46 Sec. 1. Expenses for Nonresident Witnesses. (a) Every
7-47 person subpoenaed by either party or otherwise required or
7-48 requested in writing by the prosecuting attorney or the court to
7-49 appear for the purpose of giving testimony in a criminal proceeding
7-50 who resides outside the state <State> or the county in which the
7-51 prosecution is pending shall be reimbursed <compensated> by the
7-52 state <State> for the reasonable and necessary transportation,
7-53 meals, and lodging <travel and daily living> expenses he incurs by
7-54 reason of his attendance as a witness at such proceeding.
7-55 (b) The state may reimburse a witness for transportation
7-56 only if the transportation is provided by a commercial
7-57 transportation company or is via the witness's personally owned or
7-58 leased motor vehicle. In this article, "commercial transportation
7-59 company" means an entity that offers transportation of people or
7-60 goods to the public in exchange for compensation.
7-61 (3) The state may reimburse a witness for lodging only
7-62 if the lodging is provided by a commercial lodging establishment.
7-63 In this article, "commercial lodging establishment" means a motel,
7-64 hotel, inn, apartment, or similar entity that offers lodging to the
7-65 public in exchange for compensation.
7-66 Sec. 2. AMOUNT OF REIMBURSEMENT <COMPENSATION> FOR EXPENSES.
7-67 Any person seeking reimbursement <compensation> as a witness shall
7-68 make an affidavit setting out the transportation, meal, and lodging
7-69 <travel and daily living> expenses necessitated by his travel to
7-70 and from and attendance at the place he appeared to give testimony,
8-1 together with the number of days that such travel and attendance
8-2 made him absent from his place of residence. A reimbursement
8-3 <Compensation> paid by the state <State> to a <the> witness for
8-4 transportation, meal, or lodging <such> expenses may <shall> not be
8-5 paid at rates that exceed the maximum rates provided by law for
8-6 state employees <exceed $50 per day for daily living expenses and
8-7 16 cents per mile for travel by personal automobile>.
8-8 Sec. 2A. DIRECT PAYMENT OF TRANSPORTATION OR LODGING
8-9 EXPENSES. When this article requires the state to reimburse a
8-10 witness for transportation or lodging expenses, the state may
8-11 instead directly pay a commercial transportation company or
8-12 commercial lodging establishment for those expenses.
8-13 Sec. 3. Other Expenses. In addition to reimbursement or
8-14 payment <compensation> for transportation, meal, and lodging
8-15 expenses <travel and living expenses>, the comptroller <Comptroller
8-16 of Public Accounts>, upon proper application by the attorney for
8-17 the state <State>, shall reimburse or pay the <such> other expenses
8-18 <as may be> required by the laws of this state <State> or the state
8-19 from which the attendance of the witness is sought.
8-20 Sec. 4. Application and Approval by Judge. A reimbursement
8-21 <Compensation> to a witness <witnesses> as provided <for> in this
8-22 article <Article> shall be paid by the state <State> to the witness
8-23 or his assignee. Claim shall be made by sworn application to the
8-24 comptroller <Comptroller of Public Accounts>, a copy of which shall
8-25 be filed with the clerk of the court, setting out the facts showing
8-26 entitlement as provided in this article <Article> to the
8-27 reimbursement <compensation>, which application shall be presented
8-28 for approval by the judge who presided over the court or empaneled
8-29 the grand jury before whom the criminal proceeding was pending. No
8-30 fee shall be required of any witness for the processing of his
8-31 claim for reimbursement <compensation>.
8-32 Sec. 7. Advance by County. The county in which a criminal
8-33 proceeding is pending, upon request of the district attorney or
8-34 other prosecutor charged with the duty of prosecution in the
8-35 proceeding, may advance funds from its treasury to any witness who
8-36 will be entitled to reimbursement <compensation> under this
8-37 article. The amount advanced may not exceed the amount that is
8-38 <Article in such amounts as may be> reasonably necessary to enable
8-39 the witness to attend as required or requested. However, the
8-40 amount advanced may include<, including any> sums in excess of the
8-41 reimbursement <compensation> provided for by this article if the
8-42 excess is <Article which are> required for compliance with Section
8-43 4 of Article 24.28 in securing the attendance of a witness from
8-44 another state under the Uniform Act. A county that advances funds
8-45 to a witness under this section is<, and upon any such advance or
8-46 advances, the county shall be> entitled to reimbursement by the
8-47 state <State,> as an assignee of the <compensation due a> witness
8-48 <from the State>.
8-49 Sec. 9. Limitations. A witness, when attached and conveyed
8-50 by a sheriff or other officer, is <shall> not eligible to receive
8-51 reimbursement of transportation, meal, or lodging expenses incurred
8-52 <be entitled to receive compensation> while in the custody of the
8-53 officer. A <such officers and the> court, in its discretion, may
8-54 limit the number of character witnesses allowed reimbursement under
8-55 <compensation pursuant to> this article <Article> to not fewer
8-56 <less> than two for each defendant and two per defendant for the
8-57 state <State>.
8-58 SECTION 20. Subsections (a) and (c), Section 51.005,
8-59 Education Code, are amended to read as follows:
8-60 (a) True and full accounts shall be kept by the governing
8-61 board and by the employees of the institution of all funds
8-62 collected from all sources and of all sums paid out and the persons
8-63 to whom and the purposes for which the sums are paid. The
8-64 governing board shall annually<, between September 1 and January
8-65 1,> print a complete report of all the sums collected, all
8-66 expenditures, and all sums remaining on hand. The report shall
8-67 show the true condition of all funds as of the August 31 preceding
8-68 as well as the collections and expenditures for the preceding year.
8-69 (c) The governing board shall furnish one copy of the report
8-70 each to the governor, comptroller of public accounts, state
9-1 auditor, Texas Higher Education Coordinating Board, Legislative
9-2 Budget Board, House Appropriations Committee, Senate Finance
9-3 Committee, and Legislative Reference Library. A copy of the report
9-4 shall be submitted to the comptroller by the deadline established
9-5 by the comptroller or the General Appropriations Act as necessary
9-6 to prepare an audited comprehensive financial report. The
9-7 governing board shall retain five copies of the report for
9-8 distribution to legislators or other state officials on request.
9-9 SECTION 21. Subsection (f), Section 57.48, Education Code,
9-10 is amended to read as follows:
9-11 (f)(1) This subsection applies when a payment is made to a
9-12 person other than through the comptroller's issuance of a warrant
9-13 or the comptroller's use of an electronic funds transfer system.
9-14 (2) A state agency may not use funds inside or outside
9-15 the state treasury to pay a person if <the agency knows that> the
9-16 person is in default on a loan guaranteed under this chapter.
9-17 (3) This subsection does not prohibit a state agency
9-18 from paying the assignee of a person who is in default on a loan
9-19 guaranteed under this chapter if the assignment became effective
9-20 before the person defaulted.
9-21 (4) This subsection does not prohibit a state agency
9-22 from paying the compensation of a state officer or employee.
9-23 (5) The comptroller may not reimburse a state agency
9-24 for a payment that is made in violation of this subsection.
9-25 SECTION 22. Subsection (b), Section 403.001, Government
9-26 Code, is amended by adding Subdivision (5) to read as follows:
9-27 (5) "Cash Management Improvement Act" means the
9-28 federal Cash Management Improvement Act of 1990 (31 U.S.C. Section
9-29 6503).
9-30 SECTION 23. Section 403.005, Government Code, is amended to
9-31 read as follows:
9-32 Sec. 403.005. Approval of Accounts. (a) The comptroller's
9-33 account against the state may not be sent to the treasurer until
9-34 the secretary of state approves it.
9-35 (b) The secretary of state may provide electronic approval
9-36 of the comptroller's account if:
9-37 (1) the comptroller establishes a system for the
9-38 electronic submission and approval of vouchers as authorized by
9-39 Article 6252-31, Revised Statutes, as added by Section 35, Chapter
9-40 641, Acts of the 72nd Legislature, Regular Session, 1991; and
9-41 (2) the system is designed for the secretary of state
9-42 to provide electronic approval of the comptroller's account.
9-43 SECTION 24. Subsection (c), Section 403.013, Government
9-44 Code, is amended to read as follows:
9-45 (c) On the last day of February of each year, in addition to
9-46 the reports required by the constitution and this section, the
9-47 comptroller shall exhibit to the governor an audited comprehensive
9-48 annual <a report including:>
9-49 <(1) a statewide> financial report <covering all state
9-50 agencies, prepared in accordance with generally accepted accounting
9-51 principles,> that includes <financial information of> all state
9-52 agencies determined to be part of the statewide reporting entity
9-53 and is prepared in accordance with generally accepted accounting
9-54 principles as prescribed or modified in pronouncements of <defined
9-55 by> the Governmental Accounting Standards Board<;>
9-56 <(2) the outstanding encumbrances of all those state
9-57 agencies;>
9-58 <(3) the spending authority of those state agencies;>
9-59 <(4) all major funds, pension funds, and other funds
9-60 of those state agencies;>
9-61 <(5) a summary of financial information for all state
9-62 funds held outside the treasury;>
9-63 <(6) the status of all outstanding major revenue fund
9-64 appropriation accounts by agency and appropriation account; and>
9-65 <(7) any other information required by the governor,
9-66 comptroller, state treasurer, state auditor, or legislative budget
9-67 board>.
9-68 SECTION 25. Section 403.016, Government Code, is amended to
9-69 read as follows:
9-70 Sec. 403.016. Electronic Funds Transfer. (a) The <Except
10-1 as provided by Subsection (b), the> comptroller shall establish and
10-2 operate an electronic funds transfer system in accordance with this
10-3 section. The comptroller may use the services of financial
10-4 institutions, automated clearinghouses, and the federal government
10-5 while establishing and operating the system.
10-6 (b) The comptroller shall use the electronic funds transfer
10-7 system to pay an employee's net state salary and travel expense
10-8 reimbursements unless:
10-9 (1) the employee does not hold a classified position
10-10 under the state's position classification plan and the employee's
10-11 gross state salary is less than the gross state salary for a
10-12 position classified in group 8, step 1 of the state position
10-13 classification plan; or
10-14 (2) the employee holds a classified position under the
10-15 state's position classification plan that is classified below group
10-16 8.
10-17 (c) The comptroller shall use the electronic funds transfer
10-18 system to make <and transfer directly into payees' accounts in
10-19 financial institutions only:>
10-20 <(1) employees' gross state salaries, less deductions
10-21 specifically authorized by state or federal law, or reimbursement
10-22 for employees' travel and subsistence>;
10-23 (1) <(2)> payments of more than $100 to annuitants by
10-24 the Employees Retirement System of Texas or the Teacher Retirement
10-25 System of Texas under either system's administrative jurisdiction;
10-26 (2) <(3)> recurring payments to municipalities,
10-27 counties, political subdivisions, special districts, and other
10-28 governmental entities of this state; and
10-29 (3) <(4)> payments to vendors designated by the
10-30 comptroller.
10-31 (d) If the comptroller is not required by this section to
10-32 use the electronic funds transfer system to pay a person, then the
10-33 comptroller may use the system to pay the person upon the person's
10-34 request <(b) An employee, annuitant, or vendor may be paid by
10-35 warrant drawn by the comptroller on the state treasury instead of
10-36 by electronic funds transfer if:>
10-37 <(1) the employee holds a classified position under
10-38 the state's position classification plan, the position is
10-39 classified below salary group 8 under the classification salary
10-40 schedule prescribed by the General Appropriations Act, and the
10-41 employee makes a written request for payment by warrant; or>
10-42 <(2) the employee, annuitant, or vendor shows that he
10-43 or she cannot establish a qualifying account for electronic funds
10-44 transfer>.
10-45 (e) <(c)> The comptroller may use the <also establish and
10-46 operate an> electronic funds transfer system to transfer directly
10-47 any portion of employees' gross state salaries into employees'
10-48 accounts in a money market mutual fund established in the Texas
10-49 Treasury Safekeeping Trust Company.
10-50 (f) Except as provided in Subsection (e), the comptroller
10-51 may use the electronic funds transfer system to deposit payments
10-52 only to a payee's account at a financial institution. <(d)> A
10-53 single electronic funds transfer may contain payments to multiple
10-54 payees. Individual transfers or warrants are not required for each
10-55 payee. <The comptroller shall establish procedures for
10-56 administering the system and may use the services of financial
10-57 institutions, automated clearinghouses, and the federal
10-58 government.>
10-59 (g) <(e)> When a law requires the comptroller to make a
10-60 payment by warrant, the comptroller may instead make the payment
10-61 through the <an> electronic funds transfer system. The
10-62 comptroller's use of the <an> electronic funds transfer system or
10-63 any other payment means does not create a right that would not have
10-64 been created if a <state> warrant had been issued <used>.
10-65 (h) Notwithstanding any requirement in this section to make
10-66 a payment through the electronic funds transfer system, the
10-67 comptroller must issue a warrant to pay a person if:
10-68 (1) the person properly notifies the comptroller that:
10-69 (A) receiving the payment by electronic funds
10-70 transfer would be impractical to the person;
11-1 (B) receiving the payment by electronic funds
11-2 transfer would be more costly to the person than receiving the
11-3 payment by warrant; or
11-4 (C) the person is unable to establish a
11-5 qualifying account at a financial institution to receive electronic
11-6 funds transfers; or
11-7 (2) the state agency on whose behalf the comptroller
11-8 makes the payment properly notifies the comptroller that:
11-9 (A) making the payment by electronic funds
11-10 transfer would be impractical to the agency; or
11-11 (B) making the payment by electronic funds
11-12 transfer would be more costly to the agency than making the payment
11-13 by warrant.
11-14 (i) <(f)> Notwithstanding any requirement in this section to
11-15 make a payment through the electronic funds transfer system <the
11-16 provisions of this section>, the comptroller may make a payment by
11-17 warrant if the comptroller determines that:
11-18 (1) using <where> the <use of> electronic funds
11-19 transfer system would be <is> impractical to the state; or
11-20 (2) <where> the cost to the state of using the
11-21 electronic funds transfer system would exceed the cost of issuing a
11-22 <use of the> warrant.
11-23 (j) The comptroller shall adopt rules to administer this
11-24 section, including rules about the notifications that may be
11-25 provided to the comptroller under Subsection (h).
11-26 SECTION 26. Subsections (a) and (b), Section 403.0165,
11-27 Government Code, is amended to read as follows:
11-28 (a) An employee of a state agency may authorize <in writing>
11-29 a transfer each pay period from the employee's salary or wage
11-30 payment for a membership fee in an eligible state employee
11-31 organization. The <written> authorization shall remain in effect
11-32 until an employee<, in writing,> authorizes a change in the
11-33 authorization. Authorizations and changes in authorizations must
11-34 be provided in accordance with rules adopted by the comptroller.
11-35 (b) The comptroller <by rule shall establish an annual
11-36 transfer authorization period and> shall adopt <promulgate> rules
11-37 for transfers by employees to a certified eligible state employee
11-38 organization. The rules may authorize electronic transfers of
11-39 amounts deducted from employees' salaries and wages under this
11-40 section.
11-41 SECTION 27. Subchapter B, Chapter 403, Government Code, is
11-42 amended by adding Section 403.023 to read as follows:
11-43 Sec. 403.023. CREDIT CARDS. (a) The treasurer in
11-44 consultation with the comptroller may adopt rules regarding the
11-45 acceptance of credit cards for the payment of fees, taxes, and
11-46 other charges assessed by state agencies. The rules may:
11-47 (1) authorize a state agency to accept credit cards if
11-48 the treasurer determines the best interests of the state would be
11-49 promoted;
11-50 (2) authorize or require a credit card user to pay a
11-51 processing fee to the state agency that accepts the credit card;
11-52 and
11-53 (3) authorize a particular state agency to accept
11-54 credit cards without providing the same authorization to other
11-55 state agencies.
11-56 (b) The comptroller may adopt rules regarding the use of
11-57 credit cards by state agencies to pay for purchases. The rules
11-58 may:
11-59 (1) authorize a state agency to use credit cards if
11-60 the comptroller determines the best interests of the state would be
11-61 promoted;
11-62 (2) authorize a state agency to use credit cards to
11-63 pay for purchases without providing the same authorization to other
11-64 state agencies;
11-65 (3) authorize a state agency to use credit cards to
11-66 pay for purchases that otherwise may be paid out of the agency's
11-67 petty cash accounts under Subchapter K; and
11-68 (4) authorize the General Services Commission to
11-69 contract with one or more credit card issuers on behalf of state
11-70 agencies.
12-1 (c) The treasurer and comptroller may not adopt rules about
12-2 a particular state agency's acceptance or use of credit cards if
12-3 another law specifically authorizes, requires, prohibits, or
12-4 otherwise regulates the acceptance or use.
12-5 (d) In this section, "state agency" means:
12-6 (1) a board, commission, department, or other agency
12-7 in the executive branch of state government that is created by the
12-8 constitution or a statute of this state, including an institution
12-9 of higher education as defined by Section 61.003, Education Code,
12-10 other than a public junior college;
12-11 (2) the legislature or a legislative agency; or
12-12 (3) the supreme court, the court of criminal appeals,
12-13 a court of appeals, or a state judicial agency.
12-14 SECTION 28. Subsection (e), Section 403.055, Government
12-15 Code, is amended to read as follows:
12-16 (e)(1) This subsection applies when a payment is made to a
12-17 person other than through the comptroller's issuance of a warrant
12-18 or the comptroller's use of an electronic funds transfer system.
12-19 (2) A state agency may not use funds inside or outside
12-20 the state treasury to pay a person if the <agency knows that the>
12-21 person is indebted or owes delinquent taxes to the state or owes
12-22 delinquent taxes under a tax that the comptroller administers or
12-23 collects until the debt or taxes are paid.
12-24 (3) This subsection does not prohibit a state agency
12-25 from paying the assignee of a person who is indebted or owes
12-26 delinquent taxes to the state if the assignment became effective
12-27 before the person became indebted to the state or delinquent in the
12-28 payment of taxes to the state.
12-29 (4) This subsection does not prohibit a state agency
12-30 from paying the compensation of a state officer or employee.
12-31 (5) The comptroller may not reimburse a state agency
12-32 for a payment that is made in violation of this subsection.
12-33 SECTION 29. Section 403.054, Government Code, is amended to
12-34 read as follows:
12-35 Sec. 403.054. REPLACEMENT <DUPLICATE> WARRANT. (a) Subject
12-36 to Subsection (b), the comptroller may issue a replacement
12-37 <duplicate> warrant in place of an original warrant drawn on the
12-38 state treasury if the state agency on whose behalf the comptroller
12-39 issued the original warrant notifies the comptroller <is satisfied>
12-40 that:
12-41 (1) the original warrant has been lost, destroyed, or
12-42 stolen;
12-43 (2) the original warrant has not been received; or
12-44 (3) the payee's endorsement on the original warrant
12-45 has been forged.
12-46 (b) The comptroller may not issue a replacement warrant if:
12-47 (1) the state treasurer has paid the original warrant,
12-48 unless the treasurer has obtained a refund of the payment;
12-49 (2) the period during which the state treasurer may
12-50 pay the original warrant has expired under Section 404.046 or other
12-51 applicable law;
12-52 (3) the payee of the replacement warrant is not the
12-53 same as the payee of the original warrant; or
12-54 (4) the comptroller is prohibited by Section 403.055
12-55 or 481.0841 or by Section 57.48, Education Code, from issuing a
12-56 warrant to the payee of the replacement warrant.
12-57 (c) A replacement warrant:
12-58 (1) must reflect the same fiscal year as the original
12-59 warrant; and
12-60 (2) may not be paid by the state treasurer unless
12-61 presented for payment to the treasurer or a financial institution
12-62 before two years after the close of the fiscal year in which the
12-63 original warrant was issued.
12-64 (d) The state treasurer may not pay an original warrant
12-65 after the comptroller has notified the treasurer that the
12-66 comptroller has issued a replacement warrant for the original
12-67 warrant <duplicate unless the applicant has filed with the
12-68 comptroller an affidavit stating that the applicant is the true
12-69 owner of the original and that the original has been lost,
12-70 destroyed, or stolen, that it has not been received, or that the
13-1 payee's endorsement on the instrument has been forged. If the
13-2 applicant is a government agency, the head of the agency and one
13-3 other person connected with the handling of warrants for the agency
13-4 shall make this affidavit for a lost or destroyed warrant belonging
13-5 to the agency. An applicant, other than a government agency, shall
13-6 also file with the comptroller a bond in the amount of the claim,
13-7 payable to the governor, approved by the comptroller, and
13-8 conditioned that the applicant will hold the state harmless and
13-9 return to the comptroller on demand the duplicate or the amount of
13-10 money specified in the duplicate and all costs of the state in
13-11 collecting the amount. For the purposes of this subsection,
13-12 "government agency" means a state agency, court, school, school
13-13 district, or a federal agency>.
13-14 (e) <(c)> If the comptroller determines that a replacement
13-15 warrant <duplicate> was improperly issued or that the <applicant or
13-16 the> person to whom the replacement <duplicate> was issued was not
13-17 its owner, the comptroller shall immediately demand return of the
13-18 replacement <duplicate> or, if the replacement <duplicate> has been
13-19 paid, the amount paid by the state. If this demand is not
13-20 satisfied, the comptroller shall refer the matter to the attorney
13-21 general for appropriate action <file suit on the bond in Travis
13-22 County>.
13-23 (f) A person <(d) An entity> other than a law enforcement
13-24 official that has possession of a lost or stolen warrant or a
13-25 warrant on which the payee's endorsement has been forged shall, on
13-26 request, immediately deliver the warrant to the <issuing agency or
13-27 the> comptroller or the state agency on whose behalf the
13-28 comptroller issued the warrant <on request>. The agency or
13-29 comptroller shall issue a receipt for the warrant.
13-30 (g) <(e)> Failure to reimburse the state on demand as
13-31 required by Subsection (e) constitutes a debt to the state and
13-32 further payment to the person <applicant> shall be held as provided
13-33 by Section 403.055.
13-34 (h) <(f)> The comptroller shall adopt rules and forms
13-35 regarding the issuance of replacement <duplicate> warrants.
13-36 SECTION 30. Subsection (f), Section 403.071, Government
13-37 Code, is amended to read as follows:
13-38 (f) A person commits an offense if the person knowingly
13-39 makes a false certificate on a claim against the state for the
13-40 purpose of authenticating a claim against the state. An offense
13-41 under this section is punishable by imprisonment in the
13-42 institutional division of the Texas Department of Criminal Justice
13-43 <Corrections> for not less than two or more than five years.
13-44 SECTION 31. Subchapter E, Chapter 403, Government Code, is
13-45 amended by adding Section 403.0721 to read as follows:
13-46 Sec. 403.0721. CALCULATION OF NET COMPENSATION. The
13-47 comptroller may adopt procedures and rules about the method used to
13-48 calculate the net compensation of a state officer or employee.
13-49 SECTION 32. Section 403.092, Government Code, is amended to
13-50 read as follows:
13-51 Sec. 403.092. TEMPORARY TRANSFER OF SURPLUS AND OTHER CASH.
13-52 (a) To allow efficient management of the cash flow of the general
13-53 revenue fund and to avoid temporary cash deficiency in that fund,
13-54 the comptroller, with the consent of the state treasurer, may
13-55 transfer surplus cash, except constitutionally dedicated revenues,
13-56 between funds in the state treasury. As soon as practicable the
13-57 comptroller shall return the surplus cash to the fund from which it
13-58 was transferred. The comptroller shall preserve the fund equity
13-59 and the state treasurer shall allocate the depository interest as
13-60 if the transfer had not been made.
13-61 (b) If the comptroller submits a statement under Article
13-62 III, Section 49a, of the Texas Constitution when surplus cash
13-63 transferred under Subsection (a) <this section> is in the general
13-64 revenue fund, the comptroller shall indicate in that statement that
13-65 the transferred surplus cash is in the general revenue fund, is a
13-66 liability of that fund, and is not available for appropriation by
13-67 the legislature.
13-68 (c)(1) The comptroller may temporarily transfer cash from
13-69 the general revenue fund to a special fund in the state treasury or
13-70 to an account within the general revenue fund if:
14-1 (A) the transfer contributes toward minimizing
14-2 the state's interest liability under the federal Cash Management
14-3 Improvement Act of 1990 (31 U.S.C. Section 6503) by delaying the
14-4 receipt of federal money;
14-5 (B) the amount transferred does not exceed the
14-6 amount necessary for the comptroller to process a payroll claim
14-7 that a state agency submits before the end of the payroll period
14-8 under Section 403.072;
14-9 (C) the comptroller determines before the
14-10 transfer occurs that other money is not available to process the
14-11 payroll claim;
14-12 (D) before the transfer occurs, the comptroller
14-13 is notified by the state agency whose payroll claim will be
14-14 processed that the federal government is legally required to
14-15 provide by payday sufficient money to pay the claim;
14-16 (E) the transfer does not occur earlier than the
14-17 10th day before payday; and
14-18 (F) the amount transferred is returned to the
14-19 general revenue fund as soon as possible after the federal money is
14-20 received but by no later than payday.
14-21 (2) The amount transferred under Subdivision (1) is a
14-22 receivable of the general revenue fund for the purpose of
14-23 statements that the comptroller submits under Article III, Section
14-24 49a, of the Texas Constitution. The transferred amount is
14-25 available for appropriation by the legislature.
14-26 (3) The comptroller may adopt procedures and rules to
14-27 administer this subsection.
14-28 SECTION 33. Section 403.111, Government Code, is amended by
14-29 amending Subsection (a) and adding Subsection (f) to read as
14-30 follows:
14-31 (a) Except as provided by Subsection (f), the <The>
14-32 comptroller shall obtain suitable books for use as bond registers
14-33 by the comptroller's office. The volumes of the books shall be
14-34 separately designated.
14-35 (f) The comptroller may use electronic means, including the
14-36 central electronic computing and data processing center established
14-37 under Section 403.015, instead of books to register bonds.
14-38 SECTION 34. Section 404.071, Government Code, is amended by
14-39 adding Subsection (e) to read as follows:
14-40 (e)(1) The treasurer shall notify the comptroller of the
14-41 amount of interest paid from the general revenue fund as a result
14-42 of the federal Cash Management Improvement Act of 1990 (31 U.S.C.
14-43 Section 6503). The treasurer shall provide the notifications in
14-44 accordance with the comptroller's requirements for frequency,
14-45 method, and format.
14-46 (2) For each special fund or account that contains
14-47 depository interest, the comptroller shall transfer from the fund
14-48 or account to the general revenue fund an amount equal to the
14-49 interest paid from the general revenue fund on behalf of the fund
14-50 or account.
14-51 (3) In this subsection:
14-52 (A) "Account" means a subdivision of a special
14-53 fund or the general revenue fund.
14-54 (B) "Fund" and "special fund" have the meanings
14-55 assigned by Section 403.001.
14-56 (4) The comptroller may adopt procedures and rules to
14-57 administer this subsection.
14-58 (5) This subsection applies notwithstanding any other
14-59 law.
14-60 SECTION 35. Subsection (b), Section 402.273, Health and
14-61 Safety Code, is amended to read as follows:
14-62 (b) This subsection applies only if <If> the authority does
14-63 not issue bonds under Subchapter K. The<, the> waste disposal fees
14-64 must also include an amount sufficient to allow the authority to
14-65 recover expenses incurred before beginning operation of the
14-66 disposal site amortized over a period of not more than 20 years
14-67 beginning on the first day of operation of the disposal site. The
14-68 fees must be sufficient to recover the depository interest that the
14-69 general revenue fund would have earned had the fund not been used
14-70 to pay expenses incurred before the disposal site begins operation.
15-1 Depository interest recovered under this subsection shall be
15-2 deposited in the general revenue fund. Principal recovered under
15-3 this subsection shall be deposited in the general revenue fund
15-4 until the amount deposited has fully reimbursed the fund for
15-5 expenses paid from the fund before the disposal site begins
15-6 operation. The remainder of the principal shall be deposited as
15-7 provided in Section 402.272(a).
15-8 SECTION 36. Section 31.039, Human Resources Code, is amended
15-9 to read as follows:
15-10 Sec. 31.039. ISSUANCE OF REPLACEMENT <DUPLICATE> ASSISTANCE
15-11 WARRANTS. The comptroller may issue a replacement <duplicate>
15-12 financial assistance warrant to a recipient who has failed to
15-13 receive or has lost the original warrant in accordance with Section
15-14 403.054, Government Code <Article 4365, Revised Civil Statutes of
15-15 Texas, 1925, as amended>.
15-16 SECTION 37. The Texas Employees Uniform Group Insurance
15-17 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code), is
15-18 amended by adding Section 4C to read as follows:
15-19 Sec. 4C. ELECTRONIC AUTHORIZATIONS. (a) The trustee may
15-20 develop a system for an employee, school district employee, or
15-21 annuitant to electronically authorize:
15-22 (1) enrollment in a coverage or benefit program;
15-23 (2) contributions to a coverage or benefit program;
15-24 and
15-25 (3) deductions or reductions to the compensation or
15-26 annuity of the employee, school district employee, or annuitant for
15-27 participation in a coverage or benefit program.
15-28 (b) The trustee may permit or require an authorization
15-29 covered by Subsection (a) of this section to be made
15-30 electronically, notwithstanding any law to the contrary.
15-31 SECTION 38. Subsections (c) and (d), Section 14, Texas
15-32 Employees Group Insurance Benefits Act (Article 3.50-2, Vernon's
15-33 Texas Insurance Code), as amended by Section 54, Chapter 391, Acts
15-34 of the 72nd Legislature, Regular Session, 1991, are amended to read
15-35 as follows:
15-36 (c) If an employee or annuitant refuses <in writing> the
15-37 coverages, benefits, or services provided by this Act by a
15-38 statement in a form and manner <writing> satisfactory to the
15-39 trustee, then in no event shall the State of Texas, the employee's
15-40 department, or the participating school district make any
15-41 contribution to the cost of any other coverages, services, or
15-42 benefits on such employee or annuitant.
15-43 (d) Except as provided by Subsection (e) of this section, if
15-44 any employee or annuitant applies for coverages for which the cost
15-45 exceeds the state's, the employing department's, or the
15-46 participating school district's contribution under this Act, he
15-47 shall authorize <in writing and> in a form and manner satisfactory
15-48 to the trustee a deduction from his monthly compensation or annuity
15-49 the difference between the cost of coverages under the said group
15-50 programs and the amount contributed therefor by the State of Texas
15-51 or the employing department.
15-52 SECTION 39. Subsections (e), (f), (g), and (h), Section 14,
15-53 Texas Employees Uniform Group Insurance Benefits Act (Article
15-54 3.50-2, Vernon's Texas Insurance Code), as amended by Section 41,
15-55 Chapter 850, Acts of the 72nd Legislature, Regular Session, 1991,
15-56 are amended to read as follows:
15-57 (e) The trustee shall apply the amount of any employer
15-58 contribution allocated to fund optional coverages to the excess of
15-59 the cost of the basic and optional coverages for which the employee
15-60 or annuitant has applied over the basic coverage contribution.
15-61 Except as provided by Subsection (h) of this section, if an
15-62 employee or annuitant applies for basic and optional coverages for
15-63 which the cost exceeds the contributions for those coverages under
15-64 this Act, the employee or annuitant shall authorize <in writing> in
15-65 a form and manner satisfactory to the trustee a deduction from the
15-66 employee's or annuitant's monthly compensation or annuity equal to
15-67 the difference between the cost of basic and optional coverages for
15-68 which the employee or annuitant has applied and the employer
15-69 contributions for basic and optional coverage.
15-70 (f) Except as provided by Subsection (h) of this section, if
16-1 an employee or annuitant applies for voluntary coverages, the
16-2 employee shall authorize <in writing> in a form and manner
16-3 satisfactory to the trustee a deduction from the employee's monthly
16-4 compensation or annuity equal to the cost of the voluntary
16-5 coverages.
16-6 (g) If an employee or annuitant refuses the coverages or
16-7 benefits provided under this Act in <writing in> a form and manner
16-8 satisfactory to the trustee, the state and the employee's
16-9 department may not make any contribution to the cost of any
16-10 coverages or benefits for the employee or annuitant.
16-11 (h) If an employee elects to participate in the cafeteria
16-12 plan, the employee must execute a salary reduction agreement under
16-13 which the employee's monthly compensation will be reduced in an
16-14 amount that is equal to the difference between the employer
16-15 contributions for basic and optional coverages and the cost of the
16-16 cafeteria plan coverages identified by the trustee as comparable to
16-17 the basic and optional coverages for which the employee is
16-18 eligible. The salary reduction agreement must also provide for an
16-19 additional reduction in the employee's compensation equal to the
16-20 cost of voluntary coverages for which the employee has applied. An
16-21 employee who executes a salary reduction agreement for insurance
16-22 coverage included in the cafeteria plan has elected to participate
16-23 in the cafeteria plan and agreed to a salary reduction for the
16-24 insurance coverages for subsequent plan years unless the
16-25 participant, during an annual enrollment period specified by the
16-26 trustee, elects in a form and manner satisfactory to the trustee
16-27 <writing> not to participate for the next plan year in the
16-28 insurance coverages. An employee who has elected not to
16-29 participate in the cafeteria plan insurance coverages may re-enroll
16-30 by executing a new salary reduction agreement during a subsequent
16-31 annual enrollment period. A salary reduction agreement for
16-32 cafeteria plan benefits other than insurance coverages must be
16-33 executed annually, during the annual enrollment period. The
16-34 employee shall pay any remaining portion of the cost of benefits
16-35 that is not covered by the contributions for basic and optional
16-36 coverages and the salary reduction under the cafeteria plan by
16-37 executing a payroll deduction agreement.
16-38 SECTION 40. Subchapter B, Chapter 111, Tax Code, is amended
16-39 by adding Section 111.062 to read as follows:
16-40 Sec. 111.062. ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF
16-41 CERTAIN TAXES AND FEES. (a) The comptroller may accept a credit
16-42 card in payment of:
16-43 (1) delinquent taxes and related penalties and
16-44 interest imposed by this code;
16-45 (2) fees charged for:
16-46 (A) account status certificates;
16-47 (B) no tax due certificates;
16-48 (C) postage;
16-49 (D) certified copies;
16-50 (E) copies of documents;
16-51 (F) microfilm copies;
16-52 (G) written evidence of the comptroller's
16-53 records;
16-54 (H) research;
16-55 (I) labor;
16-56 (J) minerals tax histories; and
16-57 (K) minerals tax extracts; and
16-58 (3) any other service fees charged by the comptroller.
16-59 (b) When the comptroller accepts a payment by credit card,
16-60 the comptroller may require the payment of a processing fee by the
16-61 credit card user.
16-62 SECTION 41. This Act takes effect September 1, 1993.
16-63 SECTION 42. The importance of this legislation and the
16-64 crowded condition of the calendars in both houses create an
16-65 emergency and an imperative public necessity that the
16-66 constitutional rule requiring bills to be read on three several
16-67 days in each house be suspended, and this rule is hereby suspended.
16-68 * * * * *
16-69 Austin,
16-70 Texas
17-1 April 15, 1993
17-2 Hon. Bob Bullock
17-3 President of the Senate
17-4 Sir:
17-5 We, your Committee on Finance to which was referred S.B. No. 752,
17-6 have had the same under consideration, and I am instructed to
17-7 report it back to the Senate with the recommendation that it do not
17-8 pass, but that the Committee Substitute adopted in lieu thereof do
17-9 pass and be printed.
17-10 Montford,
17-11 Chairman
17-12 * * * * *
17-13 WITNESSES
17-14 FOR AGAINST ON
17-15 ___________________________________________________________________
17-16 Name: Kenny McLeskey x
17-17 Representing: Comptroller of Public Accounts
17-18 City: Austin
17-19 -------------------------------------------------------------------
17-20 Name: Wallace Lankford x
17-21 Representing: Comptroller's Office
17-22 City: Austin
17-23 -------------------------------------------------------------------
17-24 Name: Tom Mathey x
17-25 Representing: Comptroller's Office
17-26 City: Austin
17-27 -------------------------------------------------------------------
17-28 Name: Donna Clay x
17-29 Representing: Comptroller's Office
17-30 City: Austin
17-31 -------------------------------------------------------------------