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.