BILL ANALYSIS C.S.S.B. 671 By: Armbrister Finance 04-07-95 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 As proposed, 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 It is the committee's opinion that this bill grants rulemaking authority to the state comptroller under SECTIONS 13 (Section 660.025, Government Code) and 24 (Section 660.092(d), Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 660.002, Government Code, as follows: Sec. 660.002. DEFINITIONS. Defines "appropriated funds," "board," "cancellation charge," "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." Redefines "chief administrator of a state agency." SECTION 2. Amends Chapter 660A, Government Code, by adding Section 660.0021, as follows: Sec. 660.0021. DESIGNATED HEADQUARTERS. (a) Provides that the designated headquarters (headquarters) of a state employee (employee) or a member of the legislature (legislator) is the area within the boundaries of the incorporated municipality where the employee's or member's place of employment is located or the area within a five-mile radius of the place of employment is the employee's or member's headquarters if the place of employment of an employee or a legislator is located within an unincorporated area. (b) Provides that the employee's or member's headquarters includes the surrounded municipality or area if a municipality or unincorporated area is completely surrounded by the municipality in which the place of employment of an employee or a legislator is located. SECTION 3. Amends Section 660.003, Government Code, as follows: Sec. 660.003. APPLICABILITY. (a) Provides that this chapter, the General Appropriations Act and the rules adopted by the comptroller under this chapter govern the procedures, amounts, timing, limits, required documentation, permissible payees, distinctions between different types of state employees, and all other details concerning travel expense payments or reimbursements by a state agency. (b) Provides that this chapter and the travel provisions of the General Appropriations Act apply to a travel expense (expense) only to the extent that appropriated funds are used to pay or reimburse the expense. (c) Provides that this chapter and the travel provisions of the General Appropriations Act apply to an expense paid or reimbursed by the Employees Retirement System of Texas or the Teacher Retirement System of Texas, regardless of whether the funds used to make the payment or reimbursement are appropriated funds. (d) Provides that a law outside this chapter, which says that this chapter or the travel provisions of the General Appropriations Act, or both, apply to an expense, prevails over anything to the contrary in this chapter. (e) Authorizes a state agency to pay or reimburse an expense only under certain conditions. (f) Authorizes an expense to be paid or reimbursed in accordance with the requirements of an applicable federal law or regulation and provides that this chapter does not apply to the extent necessary to avoid conflict with a federal law or regulation. SECTION 4. Amends Section 660.004, Government Code, as follows: Sec. 660.004. New heading: TRAVEL EXPENSES PAID OR REIMBURSED BY INSTITUTIONS OF HIGHER EDUCATION. (a) Provides that this chapter does not apply to an expense to the extent an institution of higher education (institution) pays or reimburses the expense from institutional funds. (b) Requires the governing board of an institution to adopt rules as necessary to administer and control expense payments and reimbursements that are exempt from this chapter under Subsection (a). SECTION 5. Amends Chapter 660A, Government Code, by adding Sections 660.006-660.013, as follows: Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) Authorizes a state agency that provides advance authorization to a prospective employee to visit the agency for an interview or other employment evaluation to reimburse the employee for an expense incurred while visiting the agency or pay a vendor for an expense incurred by the prospective employee while visiting the agency. (b) Requires the state agency to treat a prospective employee as an employee for the purposes of reimbursing or paying an expense of the prospective state employee. Sec. 660.007. CONSERVATION OF FUNDS. (a) Requires a state agency to minimize the expenses paid or reimbursed by the agency. Requires the agency to ensure that each travel arrangement is the most cost-effective considering all relevant circumstances. (b) Authorizes a state agency to specify an expense payment or reimbursement rate that is less than the maximum rate specified in this chapter or the General Appropriations Act. Provides that the lower rate applies only to an expense incurred after the agency has notified the affected individuals in writing about the rate. Provides that the agency is solely responsible for enforcing the rate. Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. Authorizes a state agency to pay or reimburse an employee for an expense the employee incurs while using personal or compensatory leave under certain conditions. Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS. Authorizes a state agency to pay or reimburse an employee or a legislator for an expense incurred while being unable to conduct official state business because of a natural disaster or other natural occurrence and the expense would be payable or reimbursable had official state business been conducted. Sec. 660.010. RETURNING TO A DESIGNATED HEADQUARTERS: TRAVELING TO A DUTY POINT. (a) Authorizes a state agency that requires an employee on personal or compensatory leave to return to the employee's headquarters from another location to pay or reimburse the employee for an expense incurred by the employee while traveling to the headquarters. Authorizes the agency to pay or reimburse an expense incurred by the employee while traveling back to the location at which the employee was staying while on leave if the employee resumes leave status. (b) Authorizes a state agency that requires an employee on personal or compensatory leave at a location outside the employee's headquarters to travel to a duty point to pay or reimburse the employee for an expense incurred by the employee while traveling to the duty point. Makes a conforming change. (c) Authorizes a state agency to pay or reimburse an employee or a legislator for an expense incurred when the employee or member returns, before official state business is completed, from a duty point to the employee's or legislator's headquarters because of an illness or personal emergency. Sec. 660.011. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER AGENCIES. Authorizes a state agency to pay or reimburse an expense of an employee of another state agency if the employee incurred the expense while providing services to the paying or reimbursing agency. Sec. 660.012. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL AGENTS. (a) Authorizes a state agency to pay a credit card issuer or a travel agency for the lodging or transportation, if a state agency may directly pay a commercial lodging establishment or a transportation company under this chapter. (b) Provides that the documentation required for direct payment to a commercial lodging establishment or commercial transportation company is also required for payment to a credit card issuer or a travel agency. Sec. 660.013. CANCELLATION CHARGES. Authorizes a state agency to pay or reimburse an employee or a legislator for a cancellation charge under certain conditions. SECTION 6. Amends and redesignates Sections 660.047-660.049, Government Code, as 660.014-660.016, Government Code, transferred to Chapter 660A, Government Code, as follows: Sec. 660.014. New heading: PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL EXPENSE REIMBURSEMENTS FROM CERTAIN PERSONS. (a) Prohibits an employee or legislator from accepting money for wages or an expense reimbursement from a person that the state intends to audit, examine, or investigate or is auditing, examining, or investigating unless authorized by law. (b) Requires an employee or legislator who violates Subsection (a) to forfeit the money or expense reimbursement to the state. (c) Provides that Subsections (a) and (b) are in addition to any other prohibitions, penalties, and forfeitures imposed or required by other law. Sec. 660.015. New heading: EXCESS REIMBURSEMENTS. Requires an employee or legislator who receives a reimbursement of an expense that exceeds the amount the employee or legislator may receive under this chapter or the General Appropriations Act to immediately return the amount of the excess. Sec. 660.016. New heading: MULTIPLE ADVANCES OR REIMBURSEMENTS FOR A TRAVEL EXPENSE. Prohibits an employee or legislator from accepting a reimbursement or advance for an expense from more than one source. Authorizes an employee or legislator who anticipates receiving or actually receives a reimbursement or advance for an expense from a person other than a state agency to seek an advance or reimbursement for the expense from a state agency only to the extent that the amount of the person's advance or reimbursement is less than the amount of the total expense incurred. SECTION 7. Amends Section 660.021, Government Code, to require the comptroller to adopt rules for the effective and efficient administration of this chapter and the travel provisions of the General Appropriations Act. SECTION 8. Amends Section 660.024, Government Code, as follows: Sec. 660.024. ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL TRAVEL. (a) Prohibits a state agency from paying or reimbursing an expense incurred by an employee unless the governor provides written approval of the travel before it begins. Authorizes the governor to condition the approval on the employee not incurring expenses above a specified amount. (b) Provides that Subsection (a) applies to an expense only if it is incurred while travelling to, in, or from a destination that is not in the United States, a possession of the United States, Mexico, or Canada. (c) Authorizes the governor to give general approval for international travel by certain state personnel. (d) Authorizes the comptroller to require proof of that approval if the governor's approval is required by this section. (e) Authorizes the governor to designate an employee of the governor's office to provide the approvals required by this section. SECTION 9. Amends Section 660.025, Government Code, as follows: Sec. 660.025. ADVANCE PAYMENT PROCEDURE. (a) Requires the comptroller by rule to establish a procedure by which expense money may be advanced to an employee or a legislator. Requires the procedures to be consistent with the requirements of Section 403.248. (b) Prohibits money from being advanced to an employee or a legislator for a travel expense unless the expense is payable or reimbursable under this chapter, the travel provisions of the General Appropriations Act, and the rules adopted by the comptroller under this chapter. Deletes a provision requiring the comptroller to require a final accounting. SECTION 10. Amends and redesignates Sections 660.041 and 660.042, Government Code, as Section 660.027 and 660.028, Government Code, transferred to Chapter 660B, Government Code, as follows: Sec. 660.027. New heading: VOUCHERS. (a) Authorizes the comptroller to issue a warrant or initiate an electronic funds transfer to pay or reimburse a travel expense only if a state agency submits to the comptroller a voucher that requests the payment or reimbursement. (b) Provides that a voucher is valid under certain conditions. (c) Requires a voucher to be submitted as required and on the form adopted by the comptroller. Requires the comptroller to require the voucher to be submitted electronically as authorized by Chapter 2103. (d) Requires a voucher to describe the official state business performed and be accompanied by the information the comptroller needs to determine compliance with this chapter, the rules adopted by the comptroller under this chapter, and the General Appropriations Act. (e) Authorizes the comptroller to require a state agency to provide certain information required by Subsection (d). Sec. 660.028. New heading: AUDITS. (a) Requires the comptroller to audit a voucher either before or after the comptroller issues a warrant or initiates an electronic funds transfer in response to the voucher. Requires the audit to be conducted according to Sections 403.011(12), 403.071, and 403.079. Deletes a requirement that the agency use a standard form. (b) Provides that this subsection applies only if the comptroller audits a state agency's voucher after the comptroller issues a warrant or initiates an electronic funds transfer in response to the voucher. Authorizes the comptroller to require the agency to maintain in its files documentation that relates to the voucher until the comptroller audits the voucher. Deletes existing text regarding what the form must state. (c) Provides that this subsection applies only to a state agency that pays or reimburses a travel expense without first submitting a voucher to the comptroller. Authorizes the comptroller to audit the payment or reimbursement for compliance with this chapter and the travel provisions of the General Appropriations Act. Authorizes the comptroller to report the results of the audit to the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the Legislative Budget Board. Requires the agency to cooperate with the comptroller and make available the documentation about an expense payment or reimbursement. (d) Authorizes the comptroller to require a state agency to maintain in its files for the period required by the comptroller the information, receipts, and other documentation about a travel expense payment or reimbursement. SECTION 11. Amends Chapter 660B, Government Code, by adding Section 660.029, as follows: Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) Requires an agency to instruct its state employees about the provisions of this chapter, the travel provisions of the General Appropriations Act, and the rules adopted by the comptroller under this chapter. (b) Provides that an agency's failure or inability to instruct an employee as required by Subsection (a) does not excuse or justify the employee's failure to comply with applicable laws or rules. SECTION 12. Amends the heading of Chapter 660C, Government Code, as follows: SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE. SECTION 13. Amends Chapter 660C, Government Code, by adding Sections 660.0411 and 660.0421, as follows: Sec. 660.0411. REIMBURSEMENT REQUIREMENT. (a) Provides that an employee is entitled to be reimbursed for use of a personally owned or leased motor vehicle as provided by this subchapter. (b) Prohibits an employee from being reimbursed under this subchapter for an expense other than mileage, tolls, and parking. Sec. 660.0421. AMOUNT OF REIMBURSEMENT. Prohibits a mileage reimbursement from exceeding the product of applicable mileage reimbursement rate and the miles traveled as limited by this subchapter. SECTION 14. Amends Section 660.052, Government Code, as follows: Sec. 660.052. New heading: DETERMINATION OF REIMBURSABLE MILEAGE. (a) Prohibits the miles traveled that are eligible for reimbursement under this chapter from exceeding the lowest mileage between the origin and the final duty point, unless the chief administrator or a designee of the chief administrator certifies on the voucher that there is compelling necessity for deviation from the lowest mileage in order to make the travel more cost effective. Requires the chief administrator of the agency or a designee of the chief administrator to include in the certification the reason or reasons for such deviation and to certify to the actual mileage approved for reimbursement. Requires a copy of each such authorized deviation to be filed promptly with the Legislative Budget Board. (b) Requires the lowest mileage to be determined by including the business conducted at the intermediate duty points if a state employee conducts official state business at duty points between the origin and the final duty point. Requires the farm-to-market and ranch-to-market roads to be considered when determining the lowest mileage between points in this state. (c) Requires the comptroller to adopt a mileage guide that is reissued periodically. Authorizes the guide to include a chart of distances showing the lowest mileage between points and maps from which the shortest distance can be determined from any point to any other point by utilizing both farm-to-market and ranch-to-market roads. (d) Provides that the mileage is not reimbursable unless the mileage is itemized on a point-to-point basis on a voucher if the mileage between two points is not shown in the guide. SECTION 15. Amends Section 660.055, Government Code, as follows: Sec. 660.055. New Heading: MULTIPLE USE OF SINGLE MOTOR VEHICLE. (a) Authorizes only one employee who travels on the same itinerary, dates, and official state business with other employees from the same agency to be reimbursed for mileage. Deletes existing Subsection (b) requiring the comptroller to consider the travel claims of the officers and employees as multiple claims. (b) Authorizes a state agency to reimburse for mileage only on the basis of one motor vehicle for each four employees and for each fraction in excess of a multiple of four employees. (c) Provides that Subsections (a) and (b) do not apply to a group of state employees if the chief administrative officer of the state agency that employs the employees determines before travel that it is not feasible for the employees to travel together in the same motor vehicle. Authorizes this determination to be made only for reasons related to official state business. Deletes a provision regarding the employee's or officer's privately owned car. Deletes existing Subsection (c). SECTION 16. Amends Chapter 660, Government Code, by adding Subchapter D, as follows: SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT. Sec. 660.071. REIMBURSEMENT REQUIREMENT. Entitles an employee, a key official, a member of a board, or a legislator to reimbursement for use of an aircraft. Sec. 660.072. AMOUNT OF REIMBURSEMENT. Prohibits a reimbursement from exceeding the product of the aircraft mileage reimbursement rate and the highway mileage between the designated headquarters and the duty point. Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. Authorizes the General Appropriations Act to establish different aircraft mileage rates for travel in certain aircraft and for travel by an employee or other official. Sec. 660.074. GROUP TRAVEL. (a) Provides that this subsection applies to a key official, a board member or a legislator who travels with another official in an aircraft owned or leased by the other official. Entitles the official flying with the owner or lessee of the aircraft to an amount equal to the amount that would have been paid or reimbursed had the official paid the average economy or coach airfare. (b) Requires the comptroller to adopt procedures under which reimbursements may be aggregated into a single payment and paid either to the individual owning or leasing the aircraft or to a vendor providing a leased aircraft. Prohibits the aggregate reimbursement from exceeding the actual expense of the trip. Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. Entitles a key official, a board member or a legislator to reimbursement for use of an aircraft leased from a proprietorship, partnership, or corporation in which the official or member has an interest. SECTION 17. Amends Chapter 660, Government Code, by adding Subchapter E, as follows: SUBCHAPTER E. TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE Sec. 660.091. GENERAL PROVISION. Requires a state agency to pay the expense of transporting a state employee by rented or public conveyance. Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) Authorizes a state agency to pay the expense by reimbursing the employee, directly paying the expense, or directly paying the expense in advance. (b) Requires receipts acceptable to the comptroller for the transportation to be submitted to the comptroller upon request and in the manner required by the comptroller when a state agency reimburses a state employee. Provides that certain transportation receipts are not required to be submitted. (c) Authorizes a state agency to request a commercial transportation company to furnish transportation to the agency's state employees and to bill the agency monthly for that transportation. Requires the company to list on its invoices to the agency the points of origin and destination for each trip and the taxes charged. Requires the agency to submit those invoices to the comptroller upon request and in the manner required by the comptroller. (d) Authorizes a state agency to directly pay a commercial transportation company before the travel of a state employee if the payment would result in a lower transportation expense. Authorizes the comptroller to adopt rules that authorize advance payments in other circumstances. (e) Prohibits a direct payment to a commercial transportation company for the expense if a reimbursement to a state employee for a transportation expense would not be authorized. Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION COMPANIES. Prohibits a state agency from paying or reimbursing the expense of transporting a state employee by rented or public conveyance if the transportation is provided by a person who is not a commercial transportation company. Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. Prohibits the amount that a state agency pays or reimburses for a state employee to travel between points by commercial airline from exceeding the lowest rate available. Authorizes first class airfare to be paid or reimbursed only if it is the only available airfare. Authorizes business class airfare to be paid or reimbursed only if a lower airfare is not available. SECTION 18. Amends Chapter 660, Government Code, by adding Subchapter F, as follows: SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES Sec. 660.111. REIMBURSEMENT REQUIREMENT. Requires a state agency to reimburse an employee for meals, lodging, or other expenses. Sec. 660.112. AMOUNT OF REIMBURSEMENT. Prohibits the amount a state agency reimburses a state employee for meals and lodging expenses from exceeding the limit established by the General Appropriations Act; and prohibits incidental expenses from exceeding the amount of expenses actually incurred. Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) Prohibits a state agency from reimbursing a state employee for a lodging expense incurred at a place that is not a commercial lodging establishment. (b) Prohibits a state agency from reimbursing a state employee for a meal or lodging expense the employee incurs while under certain conditions. (c) Authorizes a state agency to reimburse an employee for a meal expense incurred within the employee's headquarters if the expense is mandatory and the expense is connected with training, a seminar, or a conference. (d) Authorizes a state agency to reimburse an employee for a meal expense incurred while traveling without an overnight stay away from the employee's designated headquarters only if the chief administrator of the agency authorizes the reimbursement. (e) Prohibits a state agency from reimbursing an employee for the purchase of an alcoholic beverage. Provides that this does not prohibit an employee from reimbursement for the purchase of an alcoholic beverage if the employee is a peace officer and the purchase is made as a purchase of evidence in an administrative or criminal case. Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING ESTABLISHMENTS. (a) Authorizes a state agency to request a commercial lodging establishment to bill the agency directly for the expense instead of reimbursing an employee for a lodging expense. Requires information, receipts, and other documentation about the expense that are acceptable to the comptroller to be submitted upon request and in the manner required by the comptroller. (b) Prohibits a direct payment to a commercial lodging establishment for the expense if a reimbursement to a state employee for a lodging expense would not be authorized. Sec. 660.115. RECEIPTS. (a) Requires an employee who requests reimbursement of a lodging expense to submit to the comptroller an acceptable receipt, at the time and in the manner required by the comptroller except as provided in Subsections (b) and (c). (b) Provides that a chief administrator of a state agency who is not a member of a board is not required to submit a lodging receipt to the comptroller. (c) Provides that a board member is not 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. Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) Entitles an employee to be reimbursed for a state, county, or local hotel occupancy tax or any similar tax imposed by a law of this state, another state, or foreign country. (b) Entitles an employee to be reimbursed for a hotel occupancy or similar tax from which the employee is legally exempt only if the employee properly claims the exemption and the commercial lodging establishment refuses to honor the exemption. (c) Authorizes the agency to directly pay a hotel occupancy or similar tax to the establishment if a state agency directly pays a commercial lodging establishment. Sec. 660.117. APARTMENT RENTAL EXPENSES. Authorizes an apartment rental expense to be reimbursed or paid only under certain conditions. Sec. 660.118. INCIDENTAL EXPENSES. Authorizes a state agency to reimburse an employee for an incidental expense incurred by the employee only according to rules adopted by the comptroller. SECTION 19. Amends Chapter 660, Government Code, by adding Subchapter G, as follows: SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS 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. 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.