BILL ANALYSIS
C.S.S.B. 671
By: Armbrister (Eiland)
5-19-95
Committee Report (Substituted)
BACKGROUND
The Travel Regulations Act of 1959 governs the travel of state
officers and employees on state business. The state comptroller
audits travel expense claims submitted by state officers and
employees to ensure that the claims comply with the Act, the travel
regulations of the General Appropriations Act, and the
comptroller's rules. However, after numerous amendments, the Act
has not kept pace with the travel needs of agencies and the
practices of the travel industry. As a result, state officers and
employees unintentionally violate the Act or inadvertently incur
travel expenses that are not reimbursable or payable under the Act.
PURPOSE
C.S.S.B. 671 clarifies and updates the reimbursement method and
procedures of travel expenses incurred by state officers and
employees providing the needed flexibility as the travel needs of
the state and the travel industry change.
RULEMAKING AUTHORITY
This bill grants additional rulemaking authority to the governing
authority boards of institutions of higher education in SECTION 4
(Sec. 660.004(b)). It is the opinion of the committee that this
bill grants additional rulemaking authority to the Comptroller of
Public Accounts in SECTION 7 (Sec. 660.021), SECTION 9 (Sec.
660.025(a)) and SECTION 17 (Sec. 660.092(d)).
SECTION BY SECTION ANALYSIS
SECTION 1. Defines "Appropriated funds", "Board", "Cancellation
charge", "Chief administrator of a state agency",
"Commercial lodging establishment", "Commercial
transportation company", "Disability", "Duty point",
"Incidental expense". "Institutional funds",
"Institution of higher education", "Key official",
"Lease", "Place of employment", "Prospective state
employee", "Rented or public conveyance", "State
agency", "State employee", "Travel expense", and "Unit
of state government."
SECTION 2. This section would add Section 660.0021 to Subchapter
A, Chapter 660, Government Code. Section 660.0021 would
specify the meaning of "designated headquarters" as that
term is used throughout the Act.
SECTION 3. This section would amend Section 660.003, Government
Code, to provide the general provisions for travel by
state officers and employees. More specifically, the
section would: limit the Act's applicability to the use
of appropriated funds except for travel expenses paid
or reimbursed by the Teacher Retirement System of Texas
or the Employees Retirement System of Texas; require
that an expense be reasonable and necessary, be incurred
on official state business, be in furtherance of a state
agency's legal authority, and be in compliance with the
Act, the GAA, and the comptroller's rules before the
expense may be paid or reimbursed; and resolve any
conflict between the Act and a federal law or regulation
in favor of the law or regulation.
SECTION 4. This section would amend Sec. 660.004, Government Code,
so that a travel expense paid or reimbursed by an
institution of higher education with institutional funds
is not subject to the Act. The institution would be
required to adopt rules as necessary to administer and
control travel expenses that are exempt from the Act
under Section 660.004.
SECTION 5. This section would add Sections 660.006-660.013 to
Subchapter A, Chapter 660, Government Code as
follows:
Sec. 660.006 states that the travel expenses incurred
by a prospective state employee who visits a state
agency for an interview or other employment evaluation
would be reimbursable or payable only if the agency
provides advance authorization for the visit.
Sec. 660.007 requires state agencies to conserve funds
by minimizing the travel expenses paid or reimbursed by
the agency and by ensuring that travel arrangements are
the most cost-effective considering all relevant
circumstances.
Sec. 660.008 states that an agency is authorized to pay
or reimburse a state employee for a travel expense
incurred while using personal or compensatory leave
under certain circumstances.
Sec. 660.009 states that an agency would be authorized
to pay or reimburse a state employee for a travel expense
incurred while being unable to
conduct official state business
because of a natural disaster or
similar natural occurrence.
Sec. 660.010 establishes that a state agency would be
authorized to pay or reimburse a travel expense incurred
by a state employee who travels
between a duty point and the place
at which the employee was staying
while using personal or compensatory
leave if the travel to the duty
point is required by the agency. A
state agency would be authorized to
pay or reimburse a travel expense
incurred by a state employee or
legislator when the employee or
legislator returns, before official
state business is completed, from a
duty point to a designated
headquarters because of an illness
or personal emergency.
Sec. 660.011 states that an agency may reimburse travel
expenses for another another agency's employee if that
employee was providing services for
the reimbursing agency.
Sec. 660.012 allows the agency to make payments to a
credit card company or travel agency for incurred expenses.
Sec. 660.013 states that a state agency would be
authorized to pay or reimburse a state employee or a
legislator for a
cancellation charge
resulting from the
inability to use
transportation that was
paid for in advance to
obtain lower rates
because of an illness or
personal emergency.
SECTION 6. This section would renumber Sections 660.047-660.049, Government Code, as Sections 660.014-660.016, Government Code. It also transfers the
sections to Subchapter A, Chapter 660, Government
Code, and makes the following substantive changes:
Section 660.014(b) would require a state employee or
legislator to forfeit to the state wages or a travel expense
reimbursement that is accepted
in violation of Section
660.014(a). Section 660.014(c)
would no longer prohibit the
comptroller from paying the
salary of anyone who violates
Section 660.014. In addition,
Section 660.014(c) would make
it clear that Section 660.014
is in addition to any other
prohibitions, penalties, and
forfeitures imposed or required
by other law.
Section 660.015 as amended to add legislators. States
that anyone that receives an overpayment in reimbursement
must return the money
immediately.
Section 660.016 would clearly state that a state
employee or legislator may not accept a travel expense
reimbursement or advance from more than one source. The
purpose is to prohibit a state employee or legislator
from receiving a reimbursement or advance from all
sources that exceeds the amount of travel expenses
incurred or to be incurred.
SECTION 7. This section would amend Section 660.021,
Government Code, so that the comptroller is
authorized to adopt rules for the effective and
efficient administration of the Act and the travel
provisions of the GAA.
SECTION 8. This section would amend Section 660.024,
Government Code, by allowing the governor to
authorize international travel by a state employee
prior to departure. The comptroller would be
authorized to require proof of the governor's
approval of that travel during the comptroller's
audit of the employee's travel claim. The governor
would be authorized to designate an employee of the
governor's office to provide the approvals required
by Section 660.024.
SECTION 9. This section would amend Section 660.025, Government
Code. The amendments would ensure that Section 660.025
does not conflict with Section 403.248 about travel
advance accounts. Also would reinforce the principle
that employees may not be advanced to a state employee
or legislator for a travel expense unless the expense
is payable or reimbursable under the Act, the GAA, and
the rules adopted by the comptroller under the Act.
SECTION 10. This section would redesignate 660.041 and 660.042,
Government Code, as Sections 660.027 and 660.028,
Government Code and transfers them to Subchapter B,
Chapter 660, Government Code. The sections are
amended as follows:
Section 660.027 authorizes the comptroller to pay or
reimburse a travel expense only if a voucher requesting
the payment or reimbursement is submitted by a state
agency. Provides for validity requirements for the
voucher. The comptroller would be authorized to require
use of a particular voucher form or the electronic
submission of vouchers. Any voucher submitted to the
comptroller would have to describe the official state
business performed and be accompanied by the information
needed to determine compliance with the Act, the GAA,
and the comptroller's rules. The information could be
in the form of a statement included in the voucher or
receipts or other documentation, as required by the
comptroller.
Section 660.028 authorizes the comptroller of public
accounts to audit a travel voucher before or after the
comptroller pays the voucher. If the comptroller decides
to conduct a post-payment audit of a travel voucher, the
comptroller would be authorized to require the retention
of information, receipts, and other documentation
concerning the voucher until the audit is conducted.
SECTION 11. This section would add Section 660.029 to
Subchapter B, Chapter 660, Government Code. A
state agency would be required to educate its state
employees about the Act, the travel provisions of
the GAA, and the rules adopted by the comptroller
under the Act.
SECTION 12. Amends the heading of Subchapter C, Chapter 660,
Government Code to: TRANSPORTATION BY PERSONAL
MOTOR VEHICLE.
SECTION 13. Adds Sections 660.0411 and 660.0412 to Subchapter
C, Chapter 660, Government Code as follows:
Sec. 660.0411 entitles a state employee to reimbursement
for the use of personally owned or leased vehicles.
Sec. 660.0412 establishes criteria for mileage
reimbursement.
SECTION 14. Amends Section 660.052, Government Code, to clarify
requirements and authorize the comptroller to adopt
and periodically reissue a mileage guide. In
addition, a state employee may deviate from the
mileage listed in the guide if the employee's chief
administrator certifies that the deviation is
necessary to make the employee's travel more cost
effective. The certification would have to be
filed promptly with the Legislative Budget Board.
States that if a state employee conducts business
at duty points between the origin and final duty
points, the lowest mileage while calculating the
intermediate duty points shall apply.
SECTION 15. Amends 660.055, Government Code, by clarifying
existing law about the requirement for multiple
employees to use a motor vehicle when traveling on
the same business to a duty point instead of each
employee using a motor vehicle. The exception to
this requirement would apply only if multiple use
for official state business is not feasible.
SECTION 16. Adds Subchapter D to Chapter 660, Government Code.
The new subchapter would govern the transportation
of state employees and legislators by personally
owned or leased aircraft. Establishes
reimbursements requirements, reimbursement amounts,
reimbursement rates and provisions for group
travel. Also provides for when an aircraft is
leased from certain persons.
SECTION 17. Adds Subchapter E to Chapter 660, Government Code.
The new subchapter would govern the transportation
of state employees by rented or public conveyance.
Establishes payment and reimbursement criteria. A
state agency would be authorized to directly pay a
commercial transportation company in advance of
travel in the circumstances specified by the
comptroller by rule.
SECTION 18. Adds Subchapter F to Chapter 660, Government Code.
The new subchapter would govern the meals, lodging,
and incidental expenses incurred by state
employees. Establishes reimbursement requirements
and amounts. Establishes a list of restricted
reimbursements. Allows the state agency to request
that the commercial lodging establishment directly
bill the agency as opposed to reimbursing the
employee.
Establishes that an employee must submit an acceptable
lodging receipt in order to receive reimbursement. A
member of a board would not be required to submit a
lodging receipt to the comptroller if the member is
elected to the board by vote of the people or the member
serves on the board full time and is paid a salary for
that service.
This section establishes that an employee shall be
entitled to reimbursement of taxes.
This section also establishes criteria for reimbursement
of apartment or house rental expenses.
SECTION 19. Amends Chapter 660, Government Code, by adding
Subchapter G, as follows:
Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE.
(a) Entitles a legislator to receive an amount equal to
the maximum per diem rate in the federal travel
regulations for the location at which expenses are
incurred; or reimbursement of the actual amount of
meals, lodging, and incidental expenses incurred at the
discretion of each house of the legislature.
(b) Provides that Subsection (a) applies to a meal,
lodging, or incidental expense that a legislator incurs
while serving on a board.
(c) Provides that the rate is equal to the lowest
maximum per diem rate for the state, territory,
possession, or country in which the expense is incurred
if a legislator incurs an expense in a location for
which the federal travel regulations have not
specifically established a maximum per diem rate.
(d) Provides that Subchapters C, E, and F apply equally
to travel by a legislator in the same way that they
apply to travel by an employee except as provided in
this subsection. Authorizes reimbursement to a
legislator under those subchapters to be made regardless
of whether the travel includes travel to and from
Austin. Provides that the subchapters do not apply to
travel by a legislator to the extent they are
inconsistent with this section. Provides that Sections
660.055, 660.113(b)(1) and (d), and 660.115 do not apply
to travel by a legislator.
(e) Entitles a legislator to be reimbursed for either
a transportation expense on the same basis as is
provided for state employees or mileage on the same
basis as is provided for state employees during a
session of the legislature.
Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. Entitles
a judicial officer, a chief administrative officer of
a state agency other than a member of a board, the
executive director of the Texas Legislative Council, or
the secretary of the senate to reimbursement for actual
meals and lodging expenses incurred while performing the
duties of the person's office or employment. States that
the governor's spouse is also entitled to certain
reimbursements while performing duties of the office at
the direction of the governor.
Sec. 660.143. BOARD MEMBERS. Provides that this
chapter applies to a payment or reimbursement of a
travel expense incurred by a member of a board only if
Subchapter C, Chapter 659, or other applicable law
authorizes the payment or reimbursement.
Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES.
(a) Authorizes a state agency to reimburse an employee
or a legislator with a disability for attendant care and
other necessary expenses incurred when the employee or
member travels inside or outside the headquarters.
Authorizes an expense incurred when traveling between
a residence and a place of employment to be reimbursed
only as provided by law for employees without
disabilities.
(b) Authorizes a state agency to reimburse an employee
or a legislator with a disability for the first or
business class airfare of the employee or legislator and
the attendant.
(c) Authorizes a state agency to reimburse the
attendant for those expenses or pay the expenses
directly to a commercial transportation company.
(d) Provides that the federal law or regulation
controls to the extent of a conflict if this chapter,
the travel provisions of the General Appropriations Act,
or a rule adopted by the comptroller under this chapter
conflicts with a requirement of the Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12101 et
seq.), a federal regulation adopted under that Act or
other applicable federal law or regulation.
Sec. 660.145. DEATH OF STATE EMPLOYEES. Authorizes
a state agency to pay or reimburse the expense of
preparing and transporting the remains and personal
property of a state employee who dies while conducting
official state business outside the employee's
designated headquarters. Authorizes the agency to pay
or reimburse the expense of transporting the remains and
personal property to the employee's headquarters by the
executor or administrator of the employee's estate.
Prohibits the agency's payment or reimbursement from
exceeding the amount that would have been paid had they
been transported to headquarters.
Sec. 660.146. TRAVEL EXPENSES OF THREATENED STATE
EMPLOYEES AND THEIR FAMILIES. (a) Authorizes a state
agency to pay or reimburse an expense incurred by an
employee who serves in a law enforcement, investigative,
or similar capacity if the employee is threatened as a
result of the employee's official duties.
(b) Authorizes a state agency to pay or reimburse an
expense incurred by the family of a state employee who
serves in a law enforcement, investigative, or similar
capacity if the family is threatened as a result of the
employee's official duties.
(c) Provides that an expense is payable or reimbursable
under this section even if incurred within an employee's
headquarters.
Sec. 660.147. CONFLICTS WITH OTHER SUBCHAPTERS.
Provides that this subchapter controls in the event of
a conflict between this subchapter and another provision
of this chapter.
SECTION 20. Repealer: Sections 660.005 (Travel by Public
Conveyance); 660.022 (Approval of Rules by Attorney
General); 660.023 (Filing
of Rules); 660.026
(Revolving Petty Cash
Fund); 660.043 (Amount of
Reimbursement or
Advance); 660.044 (Rate
of and Method of
Computing Per Diem and
Transportation
Allowance); 660.045
(Prohibition Applicable
to Per Diem Allowance);
660.046 (Approval and
Payment of Claim);
660.050 (Local
Transportation
Allowance); 660.051
(Courtesy Card); 660.053
(Determination of Mileage
by Personal Car); and
660.054 (Multiple Use of
Single Privately Owned
Conveyance by State
Employees), Government
Code.
SECTION 21. (a) Defines "travel expense."
(b) Makes application of this Act prospective.
(c) Provides that changes made by this Act apply to the
procedures that must be followed to pay or reimburse a
travel expense, regardless of when the expense is
incurred.
SECTION 22. Effective date: September 1, 1995.
SECTION 23. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds "house" to the list of different possible
"Commercial lodging establishments" in SECTION 1 of the substitute.
In SECTION 13 of the substitute, Sec. 660.052(d) from the original
is deleted.
In SECTION 18 of the substitute, the title of Sec. 660.117 is
amended to include "or house."
In SECTION 19 of the substitute, Sec. 660.142 is amended by
extending reimbursement entitlement to the governor's spouse while
performing duties of the office at request of the governor.
SUMMARY OF COMMITTEE ACTION
SB 671 was considered by the Committee on State Affairs in a public
hearing on May 1, 1995. The chair laid out SB 671. The chair left
SB 671 pending. SB 671 was considered by the Committee on State
Affairs in a public hearing on May 9, 1995. The following person
provided neutral testimony on the bill: Kenny McLeskley
representing the Comptroller of Public Accounts. The committee
considered two amendments to SB 671. Two of those were adopted
without objection. The chairman directed the staff to incorporate
the amendments into a complete committee substitute. The
substitute was adopted without objection. The bill was reported
favorably as substituted with the recommendation that it do pass
and be printed by a record vote of 12 ayes, 1 nays, 0 PNV, and 2
absent.