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.