By: Montford S.B. No. 876 73R2556 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to payment of and reimbursement for certain expenses from 1-3 state funds. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 110A, Revised Statutes, is amended by 1-6 adding Articles 6252-15a, 6252-15b, 6252-15c, and 6252-15d to read 1-7 as follows: 1-8 Art. 6252-15a. REIMBURSEMENT FOR TRAVEL AND RELATED EXPENSES 1-9 FROM STATE FUNDS 1-10 Sec. 1. DEFINITIONS. In this article: 1-11 (1) "Board" means a state board, commission, 1-12 committee, council, or other similar agency in the executive or 1-13 judicial branch of state government that is composed of two or more 1-14 members. 1-15 (2) "Commercial lodging establishment" means a motel, 1-16 hotel, inn, apartment, or similar entity that furnishes lodging to 1-17 the general public for pay. 1-18 (3) "Commercial transportation company" means an 1-19 entity that offers transportation of people or goods to the general 1-20 public for pay. 1-21 (4) "Designated headquarters" means the area within 1-22 the city limits of the incorporated area in which a state 1-23 employee's place of employment is located. If an employee's place 1-24 of employment is located within an unincorporated area, the area 2-1 within a five-mile radius of the employee's place of employment is 2-2 the employee's designated headquarters. If a city, town, or 2-3 unincorporated area is completely surrounded by the city or town in 2-4 which an employee's place of employment is located, the employee's 2-5 designated headquarters includes the surrounded area. 2-6 (5) "Duty point" means the location, other than an 2-7 employee's place of employment, to which a state employee travels 2-8 in order to conduct official state business. 2-9 (6) "Head of agency" includes elected and appointed 2-10 state officials, including an official whose appointment is still 2-11 subject to confirmation by the senate, a first assistant, chief 2-12 deputy, or chief clerk who is specifically authorized by law to act 2-13 for their superior, a director of a legislative interim committee 2-14 or board, a head of a state institution of higher education, a head 2-15 of a state hospital or special school, and, for a state agency that 2-16 is governed by a part-time board or commission, an individual who 2-17 has the day-to-day responsibility for managing the agency's 2-18 operations. The term does not include members of the legislature. 2-19 (7) "Incidental expenses" means necessary and 2-20 reasonable expenses incurred while traveling on official state 2-21 business including applicable taxes. The term does not include 2-22 expenses for meals or taxes on meals, lodging, or transportation, 2-23 expenses of a personal nature, expenses that would be incurred by 2-24 the employee regardless of whether the employee were traveling on 2-25 official state business, and tips and gratuities. 2-26 (8) "Key official" means a head of agency or a person 2-27 holding a position that has been designated as an exempt position 3-1 in the General Appropriations Act or by action of the governor 3-2 under the Position Classification Act of 1961 (Article 6252-11, 3-3 Vernon's Texas Civil Statutes) and its subsequent amendments. 3-4 (9) "Lease" means a contract for a term of at least 3-5 one month giving the lessee the exclusive possession and use of 3-6 property or equipment although the lessor retains ownership 3-7 throughout the duration of the contract. 3-8 (10) "Place of employment" means the office or 3-9 location at which a state employee routinely conducts official 3-10 state business. 3-11 (11) "Rented or public conveyance" means a motor 3-12 vehicle, train, or aircraft that a state employee either rents or 3-13 pays a fare to use on a short-term basis while traveling on 3-14 official state business. 3-15 (12) "State agency" means a unit of state government 3-16 that uses funds appropriated under the General Appropriations Act 3-17 to pay for the transportation, meals, lodging, and other travel 3-18 expenses of its employees. 3-19 (13) "State employee" means a person employed by a 3-20 state agency. The term includes a key official. 3-21 (14) "Travel expense" means an expense for 3-22 transportation, meals, or lodging or an incidental expense that may 3-23 be paid or reimbursed under this article. 3-24 Sec. 2. GENERAL PROVISIONS. (a) A state agency may not 3-25 expend more for travel expenses than the amount appropriated to the 3-26 state agency for those expenses under the General Appropriations 3-27 Act. A state agency may not expend money for travel expenses 4-1 unless the travel and the resulting request for payment or 4-2 reimbursement comply with this article. 4-3 (b) A head of agency shall conserve the appropriated funds 4-4 by maximizing economy and efficiency when planning the travel of a 4-5 state employee under the authority of the head of agency. A head 4-6 of agency shall ensure that travel expenses are the lowest possible 4-7 considering all relevant circumstances. A state agency shall 4-8 reduce the reimbursement for meals and lodging for a state employee 4-9 whose living costs are unusually low while traveling, including an 4-10 employee who camps out. 4-11 (c) A head of agency may specify a reimbursement or payment 4-12 rate that is less than the maximum rate specified in this article 4-13 or the General Appropriations Act for travel expenses. The lower 4-14 rate may apply only to a travel expense incurred after a head of 4-15 agency has notified the affected employees in writing about the 4-16 lower rate. A state agency is solely responsible for enforcing the 4-17 lower reimbursement or payment rate. 4-18 (d) A state agency may pay or reimburse necessary and 4-19 reasonable travel expenses from appropriated funds only if: 4-20 (1) the purpose of the travel clearly involves 4-21 official state business and is consistent with the legal 4-22 responsibilities of the state agency; and 4-23 (2) for the travel outside this state, the travel is 4-24 approved in advance in accordance with the policy of the state 4-25 agency. 4-26 (e) Appropriated funds may not be used to pay or reimburse 4-27 expenses for travel expenses unless a travel voucher submitted to 5-1 the comptroller identifies persons contacted, places visited, or 5-2 otherwise describes the nature of the official state business 5-3 performed. 5-4 (f) A state agency may reimburse a state employee for 5-5 additional travel expenses incurred during a period the employee 5-6 extended the employee's travel to take advantage of a lower airfare 5-7 only if: 5-8 (1) the cost of the additional travel expenses plus 5-9 the lower airfare is not more than the average coach airfare 5-10 between the employee's designated headquarters and the duty point; 5-11 (2) any rental car was rented only for the period 5-12 during which the employee conducted official state business; and 5-13 (3) it is in the state agency's interest to allow the 5-14 employee to be absent from the employee's designated headquarters 5-15 for the period of extended travel. 5-16 (g) A state agency may not pay or reimburse travel expenses 5-17 related to travel outside of the United States, its territories and 5-18 possessions, Mexico, or Canada, unless the governor approves the 5-19 travel in advance in writing. The governor may give general 5-20 approval for international travel by state employees of the 5-21 division of the Texas Department of Commerce responsible for 5-22 international trade development and to state employees who are law 5-23 enforcement personnel of the Department of Public Safety. 5-24 (h) An employee of a state agency who provides services to 5-25 another state agency may be reimbursed for travel expenses by the 5-26 agency served. 5-27 (i) The comptroller shall adopt rules governing the 6-1 reimbursement of state employees for incidental expenses. 6-2 (j) If a state agency may directly pay a commercial lodging 6-3 establishment or commercial transportation company under this 6-4 article, the agency may instead pay a credit card issuer or travel 6-5 agency for the lodging or transportation. The documentation 6-6 required for direct payment to a commercial lodging establishment 6-7 or commercial transportation company is required for payment to a 6-8 credit card issuer or travel agency. 6-9 (k) A state agency that requires a state employee on 6-10 personal leave to return to the employee's designated headquarters 6-11 from another location may reimburse the employee for travel 6-12 expenses incurred while traveling to headquarters and while 6-13 traveling back to the location at which the employee was staying 6-14 while on personal leave. 6-15 (l) A state agency may pay or reimburse a state employee for 6-16 a cancellation charge if the charge is incurred for a reason 6-17 related to official state business. 6-18 (m) The comptroller shall adopt rules and procedures for the 6-19 effective and efficient administration of this article. 6-20 Sec. 3. TRANSPORTATION EXPENSES; PERSONALLY OWNED OR LEASED 6-21 MOTOR VEHICLE. (a) A state agency may reimburse a state employee 6-22 for use of a motor vehicle as provided in this section. This 6-23 section applies only to reimbursement for use of a motor vehicle 6-24 owned or leased by the employee. A state employee may be 6-25 reimbursed under this section only for: 6-26 (1) mileage; and 6-27 (2) airport parking or other parking costs incurred 7-1 while the state employee was traveling. 7-2 (b) Not later than September 1 of each year, the comptroller 7-3 shall adopt a mileage reimbursement rate for reimbursement of state 7-4 employees under this section. Except as provided by Subsection (c) 7-5 of this section, the rate must be equal to the maximum fixed 7-6 mileage allowance specified in applicable revenue rulings issued by 7-7 the Internal Revenue Service. The rate adopted under this 7-8 subsection shall apply to travel occurring during the fiscal year 7-9 for which it was adopted. The General Appropriations Act may 7-10 establish a maximum and minimum mileage reimbursement rate. 7-11 (c) The amount of mileage reimbursement for travel within 7-12 this state shall be based upon the shortest route between points. 7-13 For purposes of determining the shortest route, farm-to-market 7-14 roads shall be considered. 7-15 (d) A state agency may reimburse a state employee for travel 7-16 between the employee's residence and the nearest airport at the 7-17 mileage reimbursement rate adopted under Subsection (b) of this 7-18 section. If the travel occurs during working hours, the mileage 7-19 reimbursement may not exceed the reimbursement that would have been 7-20 paid had the employee traveled from the place of employment to the 7-21 airport. A state employee may be reimbursed for mileage incurred 7-22 by another person while transporting the employee between the 7-23 employee's residence and the nearest airport if the employee 7-24 demonstrates that the mileage reimbursement is less than the cost 7-25 of parking a motor vehicle at the airport. 7-26 (e) A state agency may reimburse a state employee for travel 7-27 between the employee's residence and the duty point at the mileage 8-1 reimbursement rate adopted under Subsection (b) of this section. 8-2 If the travel occurs during working hours, the reimbursement may 8-3 not exceed the mileage that would have been paid had the employee 8-4 traveled from the place of employment to the duty point. If the 8-5 travel occurs before working hours on a working day, the 8-6 reimbursement may not exceed the reimbursement that would be due 8-7 had the employee traveled from the place of employment to the duty 8-8 point unless the employee is required to travel because of an 8-9 unforeseen emergency that is related to official state business. 8-10 (f) A state agency may not reimburse a state employee for 8-11 travel between the employee's residence and the place of employment 8-12 unless the travel: 8-13 (1) is necessitated by extraordinary circumstances; 8-14 and 8-15 (2) occurs during nonworking hours. 8-16 (g) A state agency may reimburse a state employee for travel 8-17 outside this state at the mileage reimbursement rate adopted under 8-18 Subsection (b) of this section. The reimbursement may not exceed 8-19 the lesser of: 8-20 (1) the amount the employee would have received had 8-21 the employee paid the average coach airfare plus the expenses 8-22 necessary to complete the flight, including mileage reimbursement 8-23 for travel between the employee's place of employment and the 8-24 airport, parking fees, and other necessary and reasonable expenses 8-25 that would have been incurred at the airport had the employee 8-26 flown; or 8-27 (2) the mileage reimbursement for the actual miles 9-1 traveled. 9-2 (h) When two or more state employees travel together outside 9-3 this state in a motor vehicle that is owned or leased by one of the 9-4 employees, the mileage reimbursement for the use of that vehicle 9-5 shall be based on the total miles between the motor vehicle owner's 9-6 place of employment and the employees' duty point at the mileage 9-7 reimbursement rate adopted under Subsection (b) of this section. 9-8 The reimbursement may not exceed the total cost had each employee 9-9 paid the average coach airfare plus the expenses necessary to 9-10 complete the flight as specified in Subsection (g)(1) of this 9-11 section. 9-12 (i) A state employee traveling to a duty point outside of 9-13 this state that is not directly served by commercial airlines is 9-14 entitled to reimbursement for the travel. The reimbursement may 9-15 not exceed the sum of: 9-16 (1) the average coach airfare to the nearest city 9-17 served by air to the duty point; 9-18 (2) mileage between the nearest city served by air and 9-19 the duty point; and 9-20 (3) the expenses necessary to complete the flight as 9-21 described by Subsection (g)(1) of this section. 9-22 Sec. 4. TRANSPORTATION EXPENSES; PERSONALLY OWNED OR LEASED 9-23 AIRCRAFT. (a) A key official, member of a board, or a member of 9-24 the legislature is entitled to reimbursement for use of an aircraft 9-25 owned or leased by the official or member. Reimbursement under 9-26 this section may not exceed the rate established in the General 9-27 Appropriations Act. The General Appropriations Act may establish a 10-1 different rate for travel in: 10-2 (1) a single engine aircraft; 10-3 (2) a twin engine aircraft; or 10-4 (3) a turbine powered aircraft. 10-5 (b) A key official, member of a board or commission, or a 10-6 member of the legislature who travels with another official or 10-7 member in an aircraft owned or leased by the other official or 10-8 member, is entitled to an amount equal to the amount that would 10-9 have been paid had the official or member paid the average coach 10-10 airfare. 10-11 (c) The comptroller shall adopt procedures under which 10-12 reimbursements made under Subsections (a) and (b) of this section 10-13 may be aggregated into a single payment and paid either to the 10-14 individual owning or leasing the aircraft or to a vendor providing 10-15 a leased aircraft. The aggregate reimbursement may not exceed the 10-16 actual cost of the trip. 10-17 (d) A key official, member of a board, or a member of the 10-18 legislature is entitled to reimbursement under this section for use 10-19 of an aircraft leased from a proprietorship, partnership, or 10-20 corporation in which the official or member has an interest. 10-21 (e) A state employee is entitled to reimbursement for use of 10-22 an aircraft owned or leased by the employee. Reimbursement under 10-23 this section may not exceed the rate established in the General 10-24 Appropriations Act. The General Appropriations Act may establish a 10-25 different rate for travel in: 10-26 (1) a single engine aircraft; 10-27 (2) a twin engine aircraft; or 11-1 (3) a turbine powered aircraft. 11-2 Sec. 5. TRANSPORTATION EXPENSES; RENTED OR PUBLIC 11-3 CONVEYANCE. (a) A state agency may pay the actual cost of 11-4 transportation of a state employee who travels by rented or public 11-5 conveyance as provided by this section. 11-6 (b) The amount paid for commercial air transportation 11-7 between a state employee's designated headquarters and the duty 11-8 point may not exceed the lowest rate available. First class 11-9 airfare may be paid only if it is the only available airfare. 11-10 (c) The cost of transportation by limousine may be paid only 11-11 if it is the lowest cost transportation considering all relevant 11-12 circumstances. 11-13 (d) A state agency may pay the expenses associated with a 11-14 state employee traveling by rented or public conveyance as provided 11-15 by Subsection (e), (f), (g), or (h) of this section at the option 11-16 of the head of agency. 11-17 (e) A state employee who pays for authorized travel by 11-18 rented or public conveyance with the employee's money may be 11-19 reimbursed for that travel. Receipts for transportation expenses, 11-20 other than expenses for bus, taxi, or limousine fares, must be 11-21 submitted to the comptroller as attachments to the employee's 11-22 travel voucher. 11-23 (f) A head of agency may request a commercial transportation 11-24 company to furnish transportation to a designated state employee of 11-25 the agency. The cost of the transportation services shall be 11-26 billed monthly to the agency. The comptroller may issue a warrant 11-27 payable to a commercial transportation company only upon the 12-1 submission by a state agency of a voucher showing the purpose of 12-2 travel and the approval by the agency. A receipt issued by the 12-3 commercial transportation company showing the details of the 12-4 transportation must be attached to the voucher. To facilitate 12-5 auditing of billings from commercial transportation companies, each 12-6 company shall list on their billings the point of origin and point 12-7 of destination of each trip and shall also show the taxes charged. 12-8 A state agency must specify in detail the official state business 12-9 conducted on each purchase voucher submitted to the comptroller for 12-10 processing. 12-11 (g) A state agency may directly pay a commercial 12-12 transportation company before the travel of an employee if the 12-13 company requires payment in advance to obtain lower rates. 12-14 Cancellation charges are payable if they are incurred for a 12-15 business-related reason. The comptroller shall promulgate rules 12-16 for the effective and efficient implementation of this subsection. 12-17 (h) A state employee who is on personal leave at a location 12-18 outside of the employee's designated headquarters and who is 12-19 required by the head of agency to return to the designated 12-20 headquarters may be reimbursed for the cost of transportation to 12-21 headquarters under this section. 12-22 Sec. 6. EXPENSES FOR MEALS AND LODGING. (a) A state agency 12-23 may reimburse a state employee for the actual cost of meals and 12-24 lodging incurred while the employee is traveling, subject to the 12-25 limitations of this section. 12-26 (b) For travel within this state, reimbursement under 12-27 Subsection (a) may not exceed a daily limit for lodging and a daily 13-1 limit for meals established by the General Appropriations Act. 13-2 Reimbursement for meals for travel within this state may not be 13-3 made unless: 13-4 (1) the travel requires an overnight stay; or 13-5 (2) the head of agency authorizes the reimbursement. 13-6 (c) Except as provided by Subsection (d) of this section, 13-7 reimbursement under Subsection (a) of this section for travel 13-8 outside of this state but within the continental United States may 13-9 not exceed the locality-based rates specified in travel regulations 13-10 promulgated by the Internal Revenue Service unless the comptroller 13-11 determines, in advance of the travel, that local conditions require 13-12 a higher rate for a location. If a state employee travels to a 13-13 location where a locality-based rate has not been established, the 13-14 comptroller shall establish a rate for that location. The rate 13-15 established by the comptroller may not exceed the lowest 13-16 locality-based rate for that state unless the comptroller 13-17 determines, in advance of the travel, that local conditions require 13-18 a higher rate for the location. 13-19 (d) Reimbursement for meals for travel outside this state 13-20 but within the continental United States may not exceed $26 a day 13-21 if the travel does not require an overnight stay. 13-22 (e) Reimbursement under Subsection (a) of this section for 13-23 travel outside the continental United States may not exceed actual 13-24 expenses for meals and lodging. 13-25 (f) A state agency may not reimburse a state employee under 13-26 Subsection (a) of this section for travel inside the employee's 13-27 designated headquarters. 14-1 (g) A state agency may not reimburse a state employee other 14-2 than an aircraft pilot for travel that requires the employee to be 14-3 away from the employee's designated headquarters for less than six 14-4 hours. 14-5 (h) A head of agency may request that a commercial lodging 14-6 establishment bill the agency directly for the cost of a state 14-7 employee's lodging. The comptroller may issue a warrant payable to 14-8 the establishment only on submission of a voucher showing the name 14-9 and designated headquarters of the employee, the single occupancy 14-10 room rate, and the daily lodging charges. A receipt issued by the 14-11 establishment must be attached to the voucher. 14-12 (i) A state employee or a board member must attach the 14-13 actual receipt for a lodging expense to the travel voucher when 14-14 requesting reimbursement of those expenses. A head of agency other 14-15 than a member of a board is not required to attach the lodging 14-16 receipt. For travel subject to Section 2(g) of this article, a 14-17 copy of the governor's approval must be attached to each travel 14-18 voucher. 14-19 (j) A state agency may reimburse a state employee for a 14-20 state, county, or local hotel occupancy tax or any similar tax 14-21 imposed by a law of this state or another state. If a state agency 14-22 directly pays a commercial lodging establishment instead of 14-23 reimbursing an employee, the agency may directly pay the tax to the 14-24 commercial lodging establishment. 14-25 (k) A state agency may reimburse a state employee for 14-26 apartment rental expenses. The comptroller shall adopt rules to 14-27 facilitate a state agency's conservation of state funds by renting 15-1 an apartment instead of using another type of commercial lodging 15-2 establishment. 15-3 Sec. 7. TRAVEL BY EMPLOYEES OF INSTITUTIONS OF HIGHER 15-4 EDUCATION. (a) For purposes of this article, official state 15-5 business includes the formal presentation of original research by a 15-6 state employee before a regional, state, national, or international 15-7 learned society. 15-8 (b) The governing board of each institution of higher 15-9 education may delegate to its president, chief executive, 15-10 vice-presidents, deans, or fiscal officers the authority to approve 15-11 travel and the resulting payments and reimbursements. The 15-12 delegation of authority must specify the kind of travel that may be 15-13 approved and the termination date of the delegated authority. The 15-14 delegation of authority shall be entered in the official minutes of 15-15 the governing board and a copy of the minutes shall be filed with 15-16 the comptroller. 15-17 Sec. 8. TRAVEL BY LEGISLATORS. (a) A legislator, at the 15-18 discretion of each house of the legislature, is entitled to 15-19 reimbursement of an amount equal to: 15-20 (1) the maximum per diem rate in the travel 15-21 regulations promulgated by the Internal Revenue Service for the 15-22 location at which the expenses are incurred; or 15-23 (2) the actual amount of meals, lodging, and 15-24 incidental expenses incurred. 15-25 (b) Subsection (a) of this section applies to the meals, 15-26 lodging, and incidental expenses legislators incur while serving on 15-27 a board. 16-1 (c) If a legislator incurs expenses in a location for which 16-2 the travel regulations promulgated by the Internal Revenue Service 16-3 have not specifically established a maximum per diem rate, the 16-4 rate is equal to the lowest maximum per diem rate for the state, 16-5 territory, possession, or country in which the expenses are 16-6 incurred. 16-7 (d) Except as provided by Subsection (e) of this section, 16-8 Sections 3, 4, and 5 of this article apply to travel by a 16-9 legislator. Reimbursement under those sections may be made 16-10 regardless of whether the travel includes travel to or from Austin. 16-11 (e) During a session of the legislature a legislator may be 16-12 reimbursed for travel expenses on the same basis as is provided for 16-13 state employees. 16-14 Sec. 9. MEMBERS OF BOARDS. (a) Except as provided by 16-15 Subsections (b) and (c) of this section, a member of a board shall 16-16 receive: 16-17 (1) a per diem in the amount specified in the General 16-18 Appropriations Act; 16-19 (2) reimbursement for actual expenses for meals and 16-20 lodging when traveling, subject to any limitation in the General 16-21 Appropriations Act; and 16-22 (3) reimbursement for transportation and incidental 16-23 expenses at the rate specified in the General Appropriations Act 16-24 for state employees. 16-25 (b) A member of a board who is also a member of the 16-26 legislature is entitled to reimbursement under Section 8 of this 16-27 article and is not entitled to a per diem. 17-1 (c) A member of the board is not entitled to a per diem for 17-2 a period during which the member is customarily required to provide 17-3 services to the employing state agency. 17-4 (d) Reimbursement for the expenses of all members of a board 17-5 attending an official meeting may be claimed by submitting a single 17-6 travel voucher to the comptroller. The voucher must itemize 17-7 expenses for each board member. The board shall designate an 17-8 appropriate employee or officer of the agency to approve vouchers 17-9 submitted under this subsection. 17-10 Sec. 10. TRAVEL BY PERSONS WITH DISABILITIES. (a) 17-11 Notwithstanding any other provision of this article, a state agency 17-12 may reimburse a state employee or member of the legislature with a 17-13 disability for attendant care and other necessary expenses incurred 17-14 when the employee or member travels inside or outside designated 17-15 headquarters. A person with a disability may not be reimbursed for 17-16 the expenses incurred when traveling from the person's residence to 17-17 the person's place of employment except as otherwise provided in 17-18 this article for state employees. 17-19 (b) A state agency may reimburse a state employee or member 17-20 of the legislature and an attendant for first class airfare if the 17-21 airfare is medically necessary. 17-22 (c) A state agency may not reimburse a person under this 17-23 section until the agency has established policies and procedures 17-24 for the travel of persons with disabilities. 17-25 Sec. 11. SPECIAL PROVISIONS RELATING TO REIMBURSEMENT FOR 17-26 EXPENSES. (a) A state employee or key official who is designated 17-27 by the governor to represent the governor at a governmental meeting 18-1 or conference held outside this state is entitled to reimbursement 18-2 for actual expenses for meals, lodging, and incidental expenses. 18-3 (b) The legislature may reimburse an employee of the 18-4 legislature for actual expenses for meals and lodging for travel 18-5 outside this state in accordance with Section 301.030(b), 18-6 Government Code, and its subsequent amendments. For travel within 18-7 this state, an employee of the legislature is entitled to 18-8 reimbursement under Section 301.030(a), Government Code, and its 18-9 subsequent amendments. 18-10 (c) A member of the legislature, a judicial officer, a head 18-11 of agency, the executive director of the Texas Legislative Council, 18-12 the secretary of the senate, or a member of a board or commission 18-13 who is unable to attend a meeting or conference may designate an 18-14 employee to represent the member, officer, head of agency, 18-15 executive director, or secretary, as applicable, at the meeting or 18-16 conference. The designated employee is entitled to reimbursement 18-17 for actual expenses for meals and lodging at the meeting or 18-18 conference. A separate designation under this subsection must be 18-19 made for each meeting or conference. 18-20 (d) A judicial officer or head of agency, the executive 18-21 director of the Texas Legislative Council, and the secretary of the 18-22 senate are entitled to reimbursement for actual expenses for meals 18-23 and lodging for travel whether inside or outside this state. 18-24 (e) A member of the legislature, a judicial officer, a head 18-25 of agency, the executive director of the Texas Legislative Council, 18-26 the secretary of the senate, or a member of a board or commission 18-27 may authorize reimbursement to an employee for actual expenses for 19-1 meals and lodging for travel with the member, officer, head of 19-2 agency, executive director, or secretary, as applicable. 19-3 (f) A state agency may not reimburse expenses under 19-4 Subsection (a), (b), (c), or (e) of this section unless an estimate 19-5 of the approximate cost of the travel is made and the head of 19-6 agency gives advance written approval of that cost. 19-7 (g) This section applies notwithstanding any other provision 19-8 of this article. 19-9 Art. 6252-15b. MOVING EXPENSES OF STATE EMPLOYEES 19-10 Sec. 1. DEFINITIONS. In this article: 19-11 (1) "Commercial transportation company" has the 19-12 meaning assigned by Article 6252-15a, Revised Statutes, and its 19-13 subsequent amendments. 19-14 (2) "Designated headquarters" has the meaning assigned 19-15 by Article 6252-15a, Revised Statutes, and its subsequent 19-16 amendments. 19-17 (3) "State agency" has the meaning assigned by Article 19-18 6252-15a, Revised Statutes, and its subsequent amendments, but does 19-19 not include a unit of state government in the legislative branch. 19-20 (4) "State employee" has the meaning assigned by 19-21 Article 6252-15a, Revised Statutes, and its subsequent amendments. 19-22 Sec. 2. PAYMENT AND REIMBURSEMENT AUTHORIZED. (a) A state 19-23 agency may use appropriated funds to pay the reasonable, necessary, 19-24 and resulting expenses of moving the household goods and effects of 19-25 a state employee who is transferred from one designated 19-26 headquarters to another if the agency determines that the best 19-27 interests of the state will be served by the transfer. 20-1 (b) A state agency may not pay expenses under this section 20-2 unless the distance between the two designated headquarters is at 20-3 least 25 miles. 20-4 (c) A state agency shall use state-owned equipment to move 20-5 the household goods and effects of transferring state employees. 20-6 If state-owned equipment is unavailable, the agency may pay for the 20-7 services of a commercial transportation company or for self-service 20-8 vehicles to make the move. 20-9 (d) A state agency may reimburse a transferring state 20-10 employee for reasonable and necessary moving-related travel at the 20-11 standard mileage rate by personally owned or leased motor vehicle 20-12 as provided by Article 6252-15a, Revised Statutes, and its 20-13 subsequent amendments. 20-14 (e) A state employee who will be required to live in 20-15 state-owned housing may be reimbursed for storage expenses incurred 20-16 when the housing is not available at the time the employing state 20-17 agency requires the move to be made. 20-18 Sec. 3. RECEIPTS OR INVOICES REQUIRED. Appropriated funds 20-19 may not be used to pay expenses under this article unless receipts 20-20 or invoices evidencing the expenses are submitted to the 20-21 comptroller. 20-22 Art. 6252-15c. VEHICULAR EQUIPMENT 20-23 Sec. 1. DEFINITIONS. In this article, "head of agency" and 20-24 "state agency" have the meanings assigned by Article 6252-15a, 20-25 Revised Statutes, and its subsequent amendments. 20-26 Sec. 2. APPLICABILITY. This article does not apply to the 20-27 purchase, operation, and maintenance of aircraft. 21-1 Sec. 3. USE OF APPROPRIATED FUNDS. (a) Except as provided 21-2 by Subsections (b) and (c) of this section, a state agency may not 21-3 use appropriated funds for the purchase, operation, and maintenance 21-4 of vehicles. 21-5 (b) The following state agencies may use appropriated funds 21-6 for the purchase, operation, and maintenance of passenger vehicles 21-7 and other vehicles designed for the transport of passengers: 21-8 (1) the Texas Youth Commission; 21-9 (2) the Adjutant General's Department; 21-10 (3) the Texas Alcoholic Beverage Commission; 21-11 (4) the Department of Agriculture; 21-12 (5) the Office of the Attorney General; 21-13 (6) the General Services Commission; 21-14 (7) the Texas Department of Criminal Justice; 21-15 (8) the Texas Department of Transportation; 21-16 (9) the Texas Historical Commission; 21-17 (10) the General Land Office; 21-18 (11) the Parks and Wildlife Department; 21-19 (12) the Railroad Commission of Texas; 21-20 (13) the Department of Public Safety; 21-21 (14) the Texas Water Commission; 21-22 (15) the Texas Water Development Board; 21-23 (16) the Texas State Board of Plumbing Examiners; 21-24 (17) the Texas State Board of Pharmacy; and 21-25 (18) the Texas Low-Level Radioactive Waste Disposal 21-26 Authority. 21-27 (c) A state agency may use appropriated funds for the 22-1 purchase, operation, and maintenance of: 22-2 (1) a panel, pickup, or delivery truck; 22-3 (2) a truck required for the conveyance of special 22-4 equipment; 22-5 (3) motorcycle delivery units; 22-6 (4) dual control automobiles used exclusively for 22-7 driver training; 22-8 (5) passenger cars equipped with two-way radios if the 22-9 equipment is directly required by the user's primary 22-10 responsibility; 22-11 (6) motorcycles, jeeps, and boats required and used 22-12 for fire prevention, fire fighting, and other activities for 22-13 safeguarding public safety, public property, or for criminal law 22-14 enforcement; 22-15 (7) ambulances and other passenger vehicles 22-16 specifically equipped and regularly used for ambulance services; 22-17 and 22-18 (8) buses, sedans, vans, and station wagons regularly 22-19 used for transportation of more than one person and essential to 22-20 the efficient management of the state agency as certified by a 22-21 report filed with the Governor's Budget and Planning Office and the 22-22 Legislative Budget Board prior to acquisition. 22-23 Sec. 4. INTENT OF LEGISLATURE; REPORT. (a) It is the 22-24 intent of the legislature that a state agency that is authorized to 22-25 purchase a vehicle purchase an economical, fuel-efficient vehicle 22-26 assembled in the United States if the purchase of such a vehicle 22-27 would not have a significant detrimental effect on the public 23-1 service being performed through the use of the vehicle. 23-2 (b) Each agency that purchases a vehicle shall file, as part 23-3 of the agency's annual report to the Governor's Budget and Planning 23-4 Office and the Legislative Budget Board, a report of each vehicle 23-5 purchased under Section 3(b) of this article, the make and model of 23-6 the vehicle, the purchase price, the assigned use, and the 23-7 manufacturer's fuel efficiency rating. 23-8 Sec. 5. VEHICLE FOR PERSONAL USE. (a) A state agency may 23-9 not use funds appropriated by the General Appropriations Act to 23-10 purchase, operate, or maintain a vehicle for the personal use of an 23-11 employee or state official or for the use of that employee or 23-12 official in commuting to or from work, unless the commuting is 23-13 necessary to ensure that vital agency functions are performed. 23-14 (b) If a vehicle is provided for commuting under Subsection 23-15 (a) of this section, the head of agency must approve the use for 23-16 the individual and the individual's job title. The agency's annual 23-17 report to the Governor's Budget and Planning Office and the 23-18 Legislative Budget Board must report the purchase, operation, or 23-19 maintenance of a vehicle under this section. 23-20 Art. 6252-15d. STATE-OWNED AIRCRAFT; USE OF LEASED AIRCRAFT 23-21 Sec. 1. DEFINITION. In this article, "state agency" has the 23-22 meaning assigned by Article 6252-15a, Revised Statutes, and its 23-23 subsequent amendments. 23-24 Sec. 2. USE OF APPROPRIATED FUNDS. (a) A state agency may 23-25 not use appropriated funds for the purchase or lease, operation, 23-26 and maintenance of aircraft except as provided by this article. 23-27 (b) The following state agencies may use appropriated funds 24-1 for the purchase, operation, and maintenance of aircraft: 24-2 (1) The Texas A&M University System; 24-3 (2) The University of Texas System; 24-4 (3) the Texas State Technical College System; 24-5 (4) the Texas Department of Criminal Justice; 24-6 (5) the Texas Department of Transportation; 24-7 (6) the Department of Public Safety; 24-8 (7) the Texas Forest Service; and 24-9 (8) the State Aircraft Pooling Board. 24-10 (c) An aircraft owned by a state agency, including any 24-11 aircraft forfeited to or seized by an agency, is subject to the 24-12 authority of the State Aircraft Pooling Board under the State 24-13 Aircraft Pooling Act (Article 4413(34b), Vernon's Texas Civil 24-14 Statutes) and its subsequent amendments. 24-15 Sec. 3. REPLACEMENT AIRCRAFT. Expenditure of appropriated 24-16 funds for replacement of state-owned aircraft with aircraft of 24-17 comparable quality may be made contingent upon approval of the 24-18 State Aircraft Pooling Board and a finding of fact by the governor 24-19 that a report has been filed with the governor's office showing: 24-20 (1) that the aircraft to be replaced has been 24-21 destroyed or has deteriorated to an extent that continued operation 24-22 presents a serious hazard or that the aircraft to be replaced can 24-23 no longer meet the requirements of the state agency that is the 24-24 principal user of the aircraft; and 24-25 (2) that other state-owned aircraft cannot be 24-26 effectively utilized in lieu of a replacement aircraft. 24-27 Sec. 4. INTENT OF LEGISLATURE; USE BY OTHER AGENCIES; 25-1 REPORT. (a) It is the intent of the legislature that state-owned 25-2 aircraft be utilized by all agencies of the state. 25-3 (b) Each state agency that operates a state-owned aircraft 25-4 shall file an annual report with the Legislative Budget Board 25-5 detailing other agencies' use of the aircraft and the methods used 25-6 to increase that use. 25-7 (c) Statewide elected officials shall be given priority in 25-8 the scheduling of aircraft. The State Aircraft Pooling Board may 25-9 require a 12-hour notice by an official to accomplish priority 25-10 scheduling. 25-11 Sec. 5. LIABILITY INSURANCE. The State Aircraft Pooling 25-12 Board shall purchase liability insurance to protect the officers 25-13 and employees of state agencies operating state-owned aircraft. 25-14 Expenditures necessary to purchase the insurance shall be made on a 25-15 pro rata basis, as determined by the State Aircraft Pooling Board, 25-16 from appropriations authorized to each agency operating a 25-17 state-owned aircraft. The comptroller shall transfer necessary 25-18 amounts from agencies operating aircraft to the State Aircraft 25-19 Pooling Board for the purchase of liability insurance. 25-20 Sec. 6. USE OF POOLING BOARD FACILITIES AND SERVICES. (a) 25-21 A state agency that operates an aircraft based in Austin shall use 25-22 State Aircraft Pooling Board facilities for storage, maintenance, 25-23 and fueling of those aircraft to the extent that State Aircraft 25-24 Pooling Board facilities are available. 25-25 (b) A state agency that uses State Aircraft Pooling Board 25-26 services shall reimburse the State Aircraft Pooling Board for 25-27 providing services not later than the 30th day after the date the 26-1 agency receives the billing. 26-2 Sec. 7. RATES FOR INTERAGENCY USE OF AIRCRAFT. Rates 26-3 charged for interagency aircraft services shall be approved by the 26-4 State Aircraft Pooling Board and shall be set at levels adequate to 26-5 recover, to the extent possible, all direct costs for the services 26-6 provided, including the pro rata share of major maintenance, 26-7 overhauls, and pilots' salaries. 26-8 Sec. 8. USE OF AIRCRAFT. Except for appropriations made to 26-9 the State Aircraft Pooling Board and the comptroller, an 26-10 appropriation may not be expended for lease or operation of 26-11 aircraft, unless the aircraft is used only for transportation that 26-12 meets the following criteria: 26-13 (1) the purpose of the trip is official state 26-14 business; 26-15 (2) each passenger is a state officer or employee, is 26-16 a person in the care or custody of the state officer or employee, 26-17 or is a person whose transportation furthers official state 26-18 business; 26-19 (3) the destination is not served by a commercial 26-20 carrier, the time required to use such a carrier interferes with 26-21 other obligations, or the number of state officers and employees 26-22 traveling makes the use of state aircraft cost-effective; 26-23 (4) any speech to be given by a passenger at the 26-24 destination is related to official state business; 26-25 (5) events attended by passengers are not sponsored by 26-26 or for the promotion of a political party; 26-27 (6) a fee or honorarium is not paid to any passenger, 27-1 unless travel expenses are reimbursed to the state; 27-2 (7) money is not raised during the trip for private or 27-3 political purposes; and 27-4 (8) any audience that sees or hears a passenger during 27-5 the trip is not charged to see or hear the passenger. 27-6 Sec. 9. RENTAL OF AIRCRAFT. (a) If a state-owned aircraft 27-7 is not available through the State Aircraft Pooling Board, or if 27-8 the board determines that long-term or short-term lease or rental 27-9 of aircraft would reduce the cost of transportation to the state, 27-10 the board may authorize state agencies to expend funds to lease or 27-11 rent aircraft. 27-12 (b) Except as provided in this section, and except for 27-13 reimbursement for mileage authorized by Article 6252-15a, Revised 27-14 Statutes, and its subsequent amendments, a state agency, other than 27-15 an agency in the legislative branch, may not use appropriated funds 27-16 for the lease or rental of aircraft. 27-17 SECTION 2. (a) The Travel Regulations Act of 1959 (Article 27-18 6823a, Vernon's Texas Civil Statutes) is repealed. 27-19 (b) Chapter 428, Acts of the 67th Legislature, Regular 27-20 Session, 1981 (Article 6813f, Vernon's Texas Civil Statutes), is 27-21 repealed. 27-22 SECTION 3. This Act takes effect September 1, 1993, and 27-23 applies only to the use of appropriated funds on or after that 27-24 date. 27-25 SECTION 4. The importance of this legislation and the 27-26 crowded condition of the calendars in both houses create an 27-27 emergency and an imperative public necessity that the 28-1 constitutional rule requiring bills to be read on three several 28-2 days in each house be suspended, and this rule is hereby suspended.