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.