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.