By: Armbrister S.B. No. 670
A BILL TO BE ENTITLED
AN ACT
1-1 relating to expenses of state agencies and the compensation,
1-2 expenses, and conditions of employment of state officers,
1-3 employees, and other workers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (c), Section 659.083, Government Code,
1-6 is amended to read as follows:
1-7 (c) In this section, "working day" means a day other than
1-8 Saturday, Sunday, or a national holiday<, or a state holiday> as
1-9 listed in the General Appropriations Act or Chapter 662. A day
1-10 does not cease to be a national holiday because a state agency
1-11 maintains or is required to maintain a minimum working staff on the
1-12 holiday.
1-13 SECTION 2. Sections 2254.021 and 2254.022, Government Code,
1-14 are amended to read as follows:
1-15 Sec. 2254.021. DEFINITIONS. In this subchapter:
1-16 (1) "Consulting service" means the service of studying
1-17 or advising a state agency under a contract that does not involve
1-18 the traditional relationship of employer and employee.
1-19 (2) "Major consulting services contract" means a
1-20 consulting services contract for which it is reasonably foreseeable
1-21 that the value of the contract will exceed $10,000.
1-22 (3) "Consultant" <"Private consultant"> means a person
1-23 that provides or proposes to provide a consulting service. The
1-24 term includes the federal government but does not include a state
2-1 agency or a state governmental entity.
2-2 (4) "State agency" has the meaning assigned by Section
2-3 1.02, State Purchasing and General Services Act (Article 601b,
2-4 Vernon's Texas Civil Statutes).
2-5 (5) "State governmental entity" means a state
2-6 department, commission, board, office, institution, facility, or
2-7 other agency the jurisdiction of which is not limited to a
2-8 geographical portion of the state. The term includes a university
2-9 system and an institution of higher education, other than a public
2-10 junior college, as those terms are defined by Section 61.003,
2-11 Education Code.
2-12 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
2-13 subchapter shall be interpreted to ensure:
2-14 (1) the greatest and fairest competition in the
2-15 selection by state agencies of <private> consultants; and
2-16 (2) the giving of notice to all potential <private>
2-17 consultants of the need for and opportunity to provide consulting
2-18 services.
2-19 (b) This subchapter does not:
2-20 (1) discourage state agencies from using <private>
2-21 consultants if the agencies reasonably foresee that the use of
2-22 <private> consultants will produce a more efficient and less costly
2-23 operation or project;
2-24 (2) prohibit the making of a sole-source contract for
2-25 consulting services if a proposal is not received from a competent,
2-26 knowledgeable, and qualified <private> consultant at a reasonable
2-27 fee, after compliance with this subchapter; or
3-1 (3) require or prohibit the use of competitive bidding
3-2 procedures to purchase consulting services.
3-3 SECTION 3. Subsections (a), (b), and (e), Section 2254.025,
3-4 Government Code, are amended to read as follows:
3-5 (a) The governor, after receipt of a request complying with
3-6 this section, may grant a limited waiver of the provisions of this
3-7 subchapter for a state agency that requires <private> consulting
3-8 services before compliance with this subchapter can be completed
3-9 because of an unforeseen emergency.
3-10 (b) A state agency's request for a waiver must include
3-11 information required by the governor, including:
3-12 (1) information about the nature of the emergency;
3-13 (2) the reason that the state agency did not foresee
3-14 the emergency;
3-15 (3) the name of the <private> consultant with whom the
3-16 agency intends to contract; and
3-17 (4) the amount of the intended contract.
3-18 (e) In this section, "unforeseen emergency" means a
3-19 situation that suddenly and unexpectedly causes a state agency to
3-20 need the services of a <private> consultant. The term includes the
3-21 issuance of a court order, an actual or imminent natural disaster,
3-22 and new state or federal legislation. An emergency is not
3-23 unforeseen if a state agency was negligent in foreseeing the
3-24 occurrence of the emergency.
3-25 SECTION 4. Sections 2254.026 and 2254.027, Government Code,
3-26 are amended to read as follows:
3-27 Sec. 2254.026. CONTRACT WITH <PRIVATE> CONSULTANT. A state
4-1 agency may contract with a <private> consultant only if:
4-2 (1) there is a substantial need for the consulting
4-3 services; and
4-4 (2) the agency cannot adequately perform the services
4-5 with its own personnel or obtain the consulting services through a
4-6 contract with a <another> state governmental entity <agency>.
4-7 Sec. 2254.027. SELECTION OF <PRIVATE> CONSULTANT. In
4-8 selecting a <private> consultant, a state agency shall:
4-9 (1) base its choice on demonstrated competence,
4-10 knowledge, and qualifications and on the reasonableness of the
4-11 proposed fee for the services; and
4-12 (2) if other considerations are equal, give preference
4-13 to a <private> consultant whose principal place of business is in
4-14 the state or who will manage the consulting contract wholly from an
4-15 office in the state.
4-16 SECTION 5. Subsection (a), Section 2254.028, Government
4-17 Code, is amended to read as follows:
4-18 (a) Before entering into a major consulting services
4-19 contract, a state agency shall:
4-20 (1) notify the Legislative Budget Board and the
4-21 governor's Budget and Planning Office that the agency intends to
4-22 contract with a <private> consultant;
4-23 (2) give information to the Legislative Budget Board
4-24 and the governor's Budget and Planning Office to demonstrate that
4-25 the agency has complied or will comply with Sections 2254.026 and
4-26 2254.027; and
4-27 (3) obtain a finding of fact from the governor's
5-1 Budget and Planning Office that the consulting services are
5-2 necessary.
5-3 SECTION 6. Sections 2254.029 and 2254.030, Government Code,
5-4 are amended to read as follows:
5-5 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
5-6 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
5-7 30th day before the date it enters into a major consulting services
5-8 contract, a state agency shall file with the secretary of state for
5-9 publication in the Texas Register:
5-10 (1) an invitation for <private> consultants to provide
5-11 offers of consulting services;
5-12 (2) the name of the individual who should be contacted
5-13 by a <private> consultant that intends to make an offer;
5-14 (3) the closing date for the receipt of offers; and
5-15 (4) the procedure by which the state agency will award
5-16 the contract.
5-17 (b) If the consulting services sought by a state agency
5-18 relate to services previously provided by a <private> consultant,
5-19 the agency shall disclose that fact in the invitation required by
5-20 Subsection (a). If the state agency intends to award the contract
5-21 for the consulting services to a <private> consultant that
5-22 previously provided the services, unless a better offer is
5-23 received, the agency shall disclose its intention in the invitation
5-24 required by Subsection (a).
5-25 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
5-26 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
5-27 day after the date of entering into a major consulting services
6-1 contract, the state agency shall file with the secretary of state
6-2 for publication in the Texas Register:
6-3 (1) a description of the activities that the <private>
6-4 consultant will conduct;
6-5 (2) the name and business address of the <private>
6-6 consultant;
6-7 (3) the total value and the beginning and ending dates
6-8 of the contract; and
6-9 (4) the dates on which documents, films, recordings,
6-10 or reports that the <private> consultant is required to present to
6-11 the agency are due.
6-12 SECTION 7. Subsections (a) and (b), Section 2254.036,
6-13 Government Code, are amended to read as follows:
6-14 (a) On request, a state agency shall, after the agency's
6-15 contract with a <private> consultant has ended, supply the
6-16 Legislative Budget Board and the governor's Budget and Planning
6-17 Office with copies of all documents, films, recordings, or reports
6-18 compiled by the consultant under the contract.
6-19 (b) Copies of all documents, films, recordings, or reports
6-20 compiled by the <private> consultant shall be filed with the Texas
6-21 State Library and shall be retained by the library for at least
6-22 five years.
6-23 SECTION 8. Section 2254.037, Government Code, is amended to
6-24 read as follows:
6-25 Sec. 2254.037. REPORTS. As part of the biennial budgetary
6-26 hearing process conducted by the Legislative Budget Board and the
6-27 governor's Budget and Planning Office, a state agency shall report
7-1 to the Legislative Budget Board and the governor's Budget and
7-2 Planning Office on any actions taken in response to the
7-3 recommendations of any <private> consultant with whom the state
7-4 agency contracts during the previous biennium.
7-5 SECTION 9. Subchapter B, Chapter 403, Government Code, is
7-6 amended by adding Section 403.024 to read as follows:
7-7 Sec. 403.024. RULES. (a) The comptroller may adopt rules
7-8 to interpret, implement, and administer a state statute if:
7-9 (1) the statute specifically authorizes or requires
7-10 the comptroller to interpret, implement, or administer the statute;
7-11 or
7-12 (2) the comptroller determines that the rules are
7-13 necessary for fulfillment of the comptroller's constitutional or
7-14 statutory duties.
7-15 (b) Subsection (a) does not apply to a state statute if the
7-16 statute specifically authorizes the comptroller or a state agency
7-17 to adopt rules to interpret, implement, and administer the statute.
7-18 SECTION 10. Subdivision (2), Subsection (d), Section
7-19 481.0841, Government Code, is amended to read as follows:
7-20 (2) A state agency may not use funds inside or outside
7-21 the state treasury to pay a user if the <agency knows that the>
7-22 user is in default on a loan guaranteed under this subchapter and
7-23 with respect to which the department has been required to honor a
7-24 guarantee.
7-25 SECTION 11. Subsection (e), Section 57.48, Education Code,
7-26 is amended to read as follows:
7-27 (e) This section does not prohibit the comptroller from
8-1 issuing a warrant to pay the compensation of:
8-2 (1) a state officer or employee; or
8-3 (2) an individual whose compensation is being paid by
8-4 a private person through a state agency.
8-5 SECTION 12. Subdivision (4), Subsection (f), Section 57.48,
8-6 Education Code, is amended to read as follows:
8-7 (4) This subsection does not prohibit a state agency
8-8 from paying the compensation of:
8-9 (A) a state officer or employee; or
8-10 (B) an individual whose compensation is being
8-11 paid by a private person through the agency.
8-12 SECTION 13. Subsection (c), Section 403.055, Government
8-13 Code, is amended to read as follows:
8-14 (c) This section does not prohibit the comptroller from
8-15 issuing a warrant to pay the compensation of:
8-16 (1) a state officer or employee; or
8-17 (2) an individual whose compensation is being paid by
8-18 a private person through a state agency.
8-19 SECTION 14. Subdivision (4), Subsection (e), Section
8-20 403.055, Government Code, is amended to read as follows:
8-21 (4) This subsection does not prohibit a state agency
8-22 from paying the compensation of:
8-23 (A) a state officer or employee; or
8-24 (B) an individual whose compensation is being
8-25 paid by a private person through the agency.
8-26 SECTION 15. Subsection (c), Section 481.0841, Government
8-27 Code, is amended to read as follows:
9-1 (c) This section does not prohibit the comptroller from
9-2 issuing a warrant or initiating an electronic funds transfer to pay
9-3 the compensation of:
9-4 (1) a state officer or employee; or
9-5 (2) an individual whose compensation is being paid by
9-6 a private person through a state agency.
9-7 SECTION 16. Subdivision (4), Subsection (d), Section
9-8 481.0841, Government Code, is amended to read as follows:
9-9 (4) This subsection does not prohibit a state agency
9-10 from paying the compensation of:
9-11 (A) a state officer or employee; or
9-12 (B) an individual whose compensation is being
9-13 paid by a private person through the agency.
9-14 SECTION 17. Section 403.252, Government Code, is amended to
9-15 read as follows:
9-16 Sec. 403.252. Exceptions. This subchapter does not apply
9-17 to:
9-18 (1) state agency funds located completely outside the
9-19 state treasury;
9-20 (2) the petty cash accounts maintained by the Texas
9-21 Department of Mental Health and Mental Retardation under Section
9-22 533.037(d)(4), Health and Safety Code; <2.17(b)(3), Texas Mental
9-23 Health and Mental Retardation Act (Article 5547-202, Vernon's Texas
9-24 Civil Statutes); or>
9-25 (3) imprest funds kept by enforcement agencies for the
9-26 purchase of evidence or other enforcement purposes; or
9-27 (4) petty cash accounts expressly provided for by the
10-1 legislature in the General Appropriations Act.
10-2 SECTION 18. Sections 662.001, 662.005, and 662.006,
10-3 Government Code, are amended to read as follows:
10-4 Sec. 662.001. DEFINITIONS. In this subchapter:
10-5 (1) "Part-time state employee" means a state employee
10-6 who normally works fewer <less> than 40 hours each week.
10-7 (2) "State agency" means a unit of state government,
10-8 including a state board, commission, council, department,
10-9 committee, agency, or office that was created by the constitution
10-10 or a statute of this state and is in any branch of state
10-11 government. The term does not include a local government, a river
10-12 authority, a special district, any other political subdivision, or
10-13 an institution of higher education as defined by Section 61.003,
10-14 Education Code.
10-15 (3) "State employee" means an employee of a state
10-16 agency or an appointed officer of a state agency whose office is
10-17 not created by the state constitution. The term includes a
10-18 part-time, hourly, or temporary state employee.
10-19 (4) "Workday" means a day on which a state employee is
10-20 normally scheduled to work. The term does not include a national
10-21 or state holiday.
10-22 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
10-23 individual who is a <A> state employee on the last workday before
10-24 or the first workday after a national or state holiday, or on both
10-25 workdays, is entitled, except as provided by Section 662.010, to a
10-26 paid day off from working for a state agency <work> on the <each
10-27 national or state> holiday if:
11-1 (1) the holiday <that> does not fall on a Saturday or
11-2 Sunday; and
11-3 (2) the General Appropriations Act does not prohibit
11-4 state agencies from observing the holiday.
11-5 (b) In this <This> section, "state employee":
11-6 (1) includes an individual who uses paid leave from a
11-7 state agency; and
11-8 (2) does not include an individual who uses unpaid
11-9 leave from a state agency <does not apply to a holiday that the
11-10 General Appropriations Act prohibits state agencies from
11-11 observing>.
11-12 Sec. 662.006. OPTIONAL HOLIDAY. (a) An individual who is a
11-13 <A> state employee on the last workday before or the first workday
11-14 after an optional holiday, or on both workdays, is entitled, except
11-15 as provided by Section 662.010, to a paid day off from working for
11-16 a state agency on the <each day of an optional> holiday if:
11-17 (1) the holiday <that> does not fall on a Saturday or
11-18 Sunday;
11-19 (2) <if> the employee agrees to give up, during the
11-20 same fiscal year, a state holiday that:
11-21 (A) does not fall on a Saturday or Sunday; and
11-22 (B) the General Appropriations Act does not
11-23 prohibit state agencies from observing; and
11-24 (3) the General Appropriations Act does not prohibit
11-25 state agencies from observing the optional holiday.
11-26 (b) A state employee is entitled to a paid day off from
11-27 working for a state agency on each day of an optional holiday that
12-1 extends for more than one day if the employee:
12-2 (1) qualifies for the paid day off under Subsection
12-3 (a); and
12-4 (2) agrees to give up during the same fiscal year an
12-5 equivalent number of state holidays that:
12-6 (A) do not fall on a Saturday or Sunday; and
12-7 (B) the General Appropriations Act does not
12-8 prohibit state agencies from observing.
12-9 (c) A state employee may not agree to give up the Friday
12-10 after Thanksgiving Day or the 24th or 26th day of December.
12-11 SECTION 19. Subsection (a), Section 662.007, Government
12-12 Code, is amended to read as follows:
12-13 (a) A state employee who is required to work on a national
12-14 or state holiday <that does not fall on a Saturday or Sunday> is
12-15 entitled to compensatory time off during the 12 months after the
12-16 holiday if state employees are entitled to a paid day off from
12-17 working for a state agency on the holiday under Section 662.005.
12-18 SECTION 20. Section 662.010, Government Code, is amended to
12-19 read as follows:
12-20 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
12-21 (a) An individual who is not a <A> state employee <who begins
12-22 working for a state agency> on the last workday before a state or
12-23 national holiday but who is a state employee on the first workday
12-24 after the holiday may not <of a month is entitled to> be paid for
12-25 the <a state or national> holiday <that occurs before the first
12-26 workday> if it <the holiday:>
12-27 <(1)> occurs during the same month as the last workday
13-1 before the holiday<; and>
13-2 <(2) does not fall on a Saturday or Sunday>.
13-3 (b) An individual who is a <A> state employee <who stops
13-4 working for a state agency> on the last workday before a state or
13-5 national holiday but who is not a state employee on the first
13-6 workday after the holiday may not <of a month is entitled to> be
13-7 paid for the <a state or national> holiday <that occurs after the
13-8 last workday> if it <the holiday:>
13-9 <(1)> occurs before the first workday of a month and
13-10 during that <the> month<; and>
13-11 <(2) does not fall on a Saturday or Sunday>.
13-12 (c) In this section, "state employee":
13-13 (1) includes an individual who uses paid leave from a
13-14 state agency; and
13-15 (2) does not include an individual who uses unpaid
13-16 leave from a state agency <"workday" means a day on which a state
13-17 employee is normally scheduled to work>.
13-18 SECTION 21. Subsections (h) and (i), Section 403.0165,
13-19 Government Code, are amended to read as follows:
13-20 (h) The comptroller may <shall> charge an administrative fee
13-21 to cover the costs incurred as a result of administering this
13-22 section. The administrative <Administrative> fees charged by the
13-23 comptroller shall be paid by each qualifying state employee
13-24 organization on a pro rata basis to be determined by the
13-25 comptroller. The comptroller by rule shall determine the most
13-26 efficient and effective method of collecting the <such
13-27 administrative> fees. <The comptroller shall adopt rules for the
14-1 administration of this section.>
14-2 (i) The comptroller shall adopt rules for the administration
14-3 of this section <allocate the administrative fees on a
14-4 proportional basis to each employing state agency that incurs costs
14-5 in administering this subsection>.
14-6 SECTION 22. Section 659.041, Government Code, is amended to
14-7 read as follows:
14-8 Sec. 659.041. DEFINITIONS. In this subchapter:
14-9 (1) "Appointment" means a job title.
14-10 (2) "Full-time state employee" means:
14-11 (A) a state employee who works in the executive
14-12 or judicial branch of state government, other than for a state
14-13 institution of higher education, and who is normally scheduled to
14-14 work a total of at least 40 hours a week for a single state agency
14-15 <in one position>;
14-16 (B) a state employee who works for a state
14-17 institution of higher education and who is normally scheduled to
14-18 work a total of at least 40 hours a week in one position, as
14-19 determined under Section 659.0411; or
14-20 (C) <(B)> a state employee who works in the
14-21 legislative branch of state government and who is normally
14-22 scheduled to work a total of 40 or more hours a week in all
14-23 positions held in the legislative branch.
14-24 (3) <(2)> "Part-time state employee" means a state
14-25 employee who is not a full-time state employee.
14-26 (4) <(3)> "State employee" means an individual who:
14-27 (A) is covered by Chapter 654;
15-1 (B) holds a line item or exempt position;
15-2 (C) works in a nonacademic position at a state
15-3 institution of higher education at least 20 hours a week for at
15-4 least 4.5 consecutive months; or
15-5 (D) is an hourly employee of the state.
15-6 SECTION 23. Subchapter D, Chapter 659, Government Code, is
15-7 amended by adding Section 659.0411 to read as follows:
15-8 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
15-9 EDUCATION. (a) A state institution of higher education shall
15-10 determine whether a state employee who has more than one
15-11 appointment with the institution holds only one position or holds
15-12 one position for each appointment.
15-13 (b) A board of regents shall determine whether a state
15-14 employee who has an appointment with each of at least two state
15-15 institutions of higher education under the board's jurisdiction
15-16 holds only one position or holds one position for each appointment.
15-17 (c) A state employee who has an appointment with each of at
15-18 least two state institutions of higher education holds more than
15-19 one position if those institutions are not governed by the same
15-20 board of regents.
15-21 SECTION 24. Section 2, Article 6813h, Revised Statutes, is
15-22 amended to read as follows:
15-23 Sec. 2. DEDUCTION AUTHORIZED. (a) A <An employee of a>
15-24 state employee <agency> may authorize a deduction each pay period
15-25 from the employee's salary or wage payment for a contribution. The
15-26 comptroller by rule may establish a reasonable minimum deduction
15-27 for each pay period.
16-1 (b) Except as provided by Subsections (c), (d), and (e), a
16-2 state employee may authorize a deduction only during a state
16-3 employee charitable campaign.
16-4 (c) A state employee who begins working for the state when a
16-5 campaign is not being conducted may authorize a deduction according
16-6 to the comptroller's requirements.
16-7 (d) A state employee who works for a state agency that does
16-8 not allow deduction authorizations because of Subsection (j) of
16-9 this section may authorize a deduction that is effective with the
16-10 first full payroll period after the agency is converted to a system
16-11 in which uniform statewide payroll procedures are followed.
16-12 (e) A state employee who works for a state agency that does
16-13 not allow deduction authorizations because of Subsection (j) of
16-14 this section may authorize a deduction after transferring from that
16-15 agency to:
16-16 (1) a state agency that allows deduction
16-17 authorizations even though it may prohibit them under Subsection
16-18 (j); or
16-19 (2) a state agency not covered by Subsection (j).
16-20 (f) A state employee who authorized a deduction while
16-21 working for a state agency may continue the deduction after
16-22 transferring to another state agency if the comptroller's rules for
16-23 continuing the deduction are followed.
16-24 (g) An authorization shall direct the comptroller to
16-25 distribute the deducted funds to participating federations or funds
16-26 and local campaign managers as prescribed by rule.
16-27 (h) <(c)> An authorization may designate an eligible
17-1 charitable organization to receive the deductions. If an
17-2 authorization does not designate an eligible charitable
17-3 organization, the employee's deductions shall be distributed to
17-4 each participating federation or fund and eligible local charitable
17-5 organization in the proportion that the deductions designated for
17-6 that charitable organization bear to the total of designated
17-7 deductions in the local state employee charitable campaign.
17-8 (i) <(d)> A deduction under this article must be in the form
17-9 prescribed by the comptroller.
17-10 (j) <(e)> A state agency other than an institution of higher
17-11 education is not required to permit employees to authorize a
17-12 deduction under this article until the first full payroll period
17-13 after the agency is converted to a system in which uniform
17-14 statewide payroll procedures are followed.
17-15 SECTION 25. Section 3, Article 6813h, Revised Statutes, is
17-16 amended to read as follows:
17-17 Sec. 3. Duration of Deduction. (a) A deduction under this
17-18 article begins on the date designated by the comptroller by rule.
17-19 (b) A deduction authorization under this article is
17-20 effective for a maximum of one campaign year and, unless revoked or
17-21 changed under Subsection (c) of this section, ends on<:>
17-22 <(1) the first anniversary of> the date designated by
17-23 the comptroller by rule <it begins; or>
17-24 <(2) the effective date of a revocation of or change
17-25 in the authorization by the employee>.
17-26 (c) <(b)> A state employee may revoke or change a deduction
17-27 <an> authorization by giving notice to the employing state agency.
18-1 The notice must be in the form and manner prescribed by the
18-2 comptroller. A state employee may not change the eligible
18-3 charitable organization designated to receive the employee's
18-4 deductions. A revocation or change takes effect on the date
18-5 designated <when it is approved> by the comptroller by rule.
18-6 SECTION 26. Subsection (d), Section 13, Article 6813h,
18-7 Revised Statutes, is amended to read as follows:
18-8 (d) Except as provided by this subsection, the <The>
18-9 comptroller shall charge an administrative fee to cover costs
18-10 incurred by the comptroller and employing state agencies in the
18-11 implementation of this article to the charitable organizations
18-12 participating in the first state employee charitable campaign
18-13 conducted under this article in the same proportion that the
18-14 contributions to that charitable organization bear to the total of
18-15 contributions in that campaign. Except as provided by this
18-16 subsection, the <The> comptroller shall charge an administrative
18-17 fee to cover costs incurred by the comptroller and employing state
18-18 agencies in the administration of this article to the charitable
18-19 organizations in each subsequent state employee charitable campaign
18-20 in the same proportion that the contributions to that charitable
18-21 organization bear to the total of contributions in that campaign.
18-22 The comptroller may decline to charge an administrative fee if the
18-23 comptroller determines the costs that would be covered by the fee
18-24 are insignificant. The comptroller shall determine the most
18-25 efficient and effective method of collecting the administrative fee
18-26 and shall adopt rules for the implementation of this section.
18-27 SECTION 27. Chapter 659, Government Code, is amended by
19-1 adding Subchapter G to read as follows:
19-2 SUBCHAPTER G. SUPPLEMENTAL DEDUCTIONS
19-3 Sec. 659.101. DEFINITION. In this subchapter, "state
19-4 agency" means a department, commission, board, office, or other
19-5 agency of any branch of state government, including an institution
19-6 of higher education as defined by Section 61.003, Education Code.
19-7 Sec. 659.102. DEDUCTION FOR SUPPLEMENTAL OPTIONAL BENEFITS
19-8 PROGRAM. (a) An employee of a state agency may authorize in
19-9 writing a deduction each pay period from the employee's salary or
19-10 wage payment for coverage of the employee under an eligible
19-11 supplemental optional benefits program.
19-12 (b) The Employees Retirement System of Texas shall designate
19-13 supplemental optional benefits programs that are eligible under
19-14 this section and that promote the interests of the state and state
19-15 agency employees.
19-16 (c) The supplemental optional benefits program may include
19-17 permanent life insurance, catastrophic illness insurance,
19-18 disability insurance, or prepaid legal services.
19-19 Sec. 659.103. DEDUCTION TO CREDIT UNION. (a) An employee
19-20 of a state agency may authorize in writing a deduction each pay
19-21 period from the employee's salary or wage payment for payment to a
19-22 credit union to be credited to a share or deposit account of the
19-23 employee.
19-24 (b) A designation by the Employees Retirement System of
19-25 Texas is not necessary for a deduction under this section.
19-26 Sec. 659.104. AUTHORIZATION. (a) An authorization for a
19-27 deduction under this subchapter must direct the comptroller or, if
20-1 applicable, the appropriate financial officer of an institution of
20-2 higher education to transfer the withheld funds to the program or
20-3 credit union designated by the employee.
20-4 (b) The comptroller or financial officer shall comply with
20-5 the direction.
20-6 Sec. 659.105. FORM AND MANNER. A deduction under this
20-7 subchapter must be made in a form and manner prescribed by the
20-8 comptroller or the appropriate financial officer of an institution
20-9 of higher education.
20-10 Sec. 659.106. DURATION. (a) An employee authorizing a
20-11 deduction under this subchapter or a person designated by the
20-12 employee may change or revoke the authorization by delivering
20-13 written notice of the change or revocation to the comptroller or
20-14 the appropriate financial officer of an institution of higher
20-15 education.
20-16 (b) An authorization is effective until the comptroller or
20-17 financial officer receives the notice.
20-18 (c) The notice must be given in the form and manner
20-19 prescribed by the comptroller or financial officer.
20-20 Sec. 659.107. AUTHORIZATION VOLUNTARY. The making of an
20-21 authorization for a deduction under this subchapter by the employee
20-22 is voluntary.
20-23 Sec. 659.108. WITHHOLDING OF ADMINISTRATIVE FEE. (a) The
20-24 state may withhold from the employee's salary or wage payment an
20-25 administrative fee for making a deduction under this subchapter.
20-26 (b) An institution of higher education that is authorized to
20-27 operate a payroll system reimbursable from the state treasury may
21-1 withhold from the employee's salary or wage payment an
21-2 administrative fee for making the deduction under this subchapter.
21-3 (c) The administrative fee may not exceed the lower of the
21-4 actual administrative cost of making the deduction or the highest
21-5 fee charged by the state or institution, as appropriate, for making
21-6 another similar deduction.
21-7 Sec. 659.109. ALLOCATION AND APPROPRIATION OF ADMINISTRATIVE
21-8 FEES. (a) The state shall allocate and pay to each state agency
21-9 that incurs costs in administering this subchapter the agency's
21-10 proportional amount of the administrative fees collected by the
21-11 state under this subchapter.
21-12 (b) An administrative fee withheld under this subchapter may
21-13 be used by the comptroller and the state agencies incurring costs
21-14 in administering this subchapter.
21-15 Sec. 659.110. RULES. The comptroller may adopt rules to
21-16 administer the credit union deduction program authorized by this
21-17 subchapter.
21-18 SECTION 28. Section 659.062, Government Code, is amended by
21-19 adding Subsection (e) to read as follows:
21-20 (e) The comptroller may establish procedures and adopt rules
21-21 to administer this section.
21-22 SECTION 29. Subchapter B, Chapter 661, Government Code, is
21-23 amended by adding Section 661.038 to read as follows:
21-24 Sec. 661.038. RULES. The comptroller may establish
21-25 procedures and adopt rules to administer this subchapter.
21-26 SECTION 30. Subchapter C, Chapter 661, Government Code, is
21-27 amended by adding Section 661.068 to read as follows:
22-1 Sec. 661.068. RULES. The comptroller may establish
22-2 procedures and adopt rules to administer this subchapter.
22-3 SECTION 31. Subchapter D, Chapter 661, Government Code, is
22-4 amended by adding Section 661.094 to read as follows:
22-5 Sec. 661.094. RULES. The comptroller may establish
22-6 procedures and adopt rules to administer this subchapter.
22-7 SECTION 32. Subchapter A, Chapter 662, Government Code, is
22-8 amended by adding Section 662.012 to read as follows:
22-9 Sec. 662.012. RULES. The comptroller may establish
22-10 procedures and adopt rules to administer Sections 662.001 through
22-11 662.010.
22-12 SECTION 33. Section 24.006, Government Code, is amended to
22-13 read as follows:
22-14 Sec. 24.006. Salary of Special Judge. (a) In this section:
22-15 (1) "Holiday" means a state or national holiday as
22-16 defined by Section 662.003 that does not fall on a Saturday or
22-17 Sunday and that the General Appropriations Act does not prohibit
22-18 state agencies from observing.
22-19 (2) "Workday" means any day other than Saturday or
22-20 Sunday. The term includes a holiday.
22-21 (b) This section applies to payment of salary to:
22-22 (1) a special judge commissioned by the governor as
22-23 provided by Article V, Section 11, of the Texas Constitution; and
22-24 (2) a special judge agreed on by the parties as
22-25 provided by Section 24.004.
22-26 (c) <(b)> Each special judge is entitled to receive for each
22-27 day served as a special judge the same daily salary that a district
23-1 judge receives.
23-2 (d) <(c)> A special judge commissioned by the governor is
23-3 also entitled to receive the same daily salary that a district
23-4 judge receives for each day necessary for the special judge to
23-5 travel to and from the court.
23-6 (e) If a special judge serves as a judge or is traveling to
23-7 or from the court for only part of a day, the judge is considered
23-8 for the purposes of this section to have served or traveled for the
23-9 entire day.
23-10 (f) A special judge who serves before or after a holiday but
23-11 who does not work on the holiday is entitled to receive a salary
23-12 for the holiday if the judge would be entitled to be paid for the
23-13 holiday under Subchapter A, Chapter 662, if the judge were a state
23-14 employee under that subchapter.
23-15 (g) For the purpose of computing the daily salary of a
23-16 special judge, the <(d) The> daily salary of a district judge is
23-17 determined by:
23-18 (1) dividing the annual salary of a district judge by
23-19 12 months; and
23-20 (2) dividing the monthly salary computed under
23-21 Subdivision (1) by the number of workdays in the month in which the
23-22 special judge serves as a judge or travels to or from the court
23-23 <365>.
23-24 (h) Before the comptroller may pay the salary of <(e) In
23-25 order to obtain his salary,> a special judge commissioned by the
23-26 governor, the special judge must present the judge's <his> sworn
23-27 account to the comptroller showing the number of travel days that
24-1 were necessary. The judge must also give the comptroller evidence
24-2 that the judge was duly commissioned. The account must be
24-3 certified as correct by the judge of the district or by the court
24-4 clerk of the court in which the special judge <he> served.
24-5 (i) <(f)> A special judge agreed on by the parties or
24-6 elected by the practicing lawyers shall be paid on presenting to
24-7 the comptroller the certificate of the clerk of the court in which
24-8 the judge <he> served and the judge's sworn account. The clerk's
24-9 certificate must show the record of the judge's election or
24-10 appointment and must show that the judge performed services in the
24-11 court. The judge's sworn account must show the number of days that
24-12 the judge <he> served as the special judge.
24-13 SECTION 34. Section 32.302, Government Code, is amended to
24-14 read as follows:
24-15 Sec. 32.302. Salary of Special Judges. (a) In this
24-16 section:
24-17 (1) "Holiday" means a state or national holiday as
24-18 defined by Section 662.003 that does not fall on a Saturday or
24-19 Sunday and that the General Appropriations Act does not prohibit
24-20 state agencies from observing.
24-21 (2) "Workday" means any day other than Saturday or
24-22 Sunday. The term includes a holiday.
24-23 (b) The salary of a special judge commissioned by the
24-24 governor under Article V, Section 11, of the Texas Constitution or
24-25 elected by practicing lawyers or agreed on by parties as provided
24-26 by law is determined and paid in accordance with this section.
24-27 (c) <(b)> The special judge is entitled to the same salary
25-1 as a district judge for every day the special judge performs the
25-2 duties of judge. In addition, a special judge commissioned by the
25-3 governor is entitled to the same pay as a district judge for each
25-4 day the special judge is necessarily occupied going to and
25-5 returning from the place the judge is required to hold court.
25-6 (d) If a special judge serves as a judge or is traveling to
25-7 or returning from the place the judge is required to hold court for
25-8 only part of a day, the judge is considered for the purposes of
25-9 this section to have served, traveled, or returned for the entire
25-10 day.
25-11 (e) A special judge who serves before or after a holiday but
25-12 who does not work on the holiday is entitled to receive a salary
25-13 for the holiday if the judge would be entitled to be paid for the
25-14 holiday under Subchapter A, Chapter 662, if the judge were a state
25-15 employee under that subchapter.
25-16 (f) For the purpose of computing the daily salary of a
25-17 <(c) The amount of the> special judge, the <judge's> daily salary
25-18 of a district judge is determined by:
25-19 (1) dividing the annual salary of a district judge by
25-20 12 months; and
25-21 (2) dividing the monthly salary computed under
25-22 Subdivision (1) by the number of workdays in the month in which the
25-23 special judge serves as a judge or travels to or returns from the
25-24 place the judge is required to hold court <365>.
25-25 (g) <(d)> A special judge commissioned by the governor must
25-26 present a sworn account to the comptroller of public accounts. The
25-27 account must show the number of days necessarily occupied in going
26-1 to and coming from the place the special judge was required to hold
26-2 court and must be accompanied by evidence that the special judge
26-3 was properly commissioned. The account must be certified to be
26-4 correct by the judge or clerk of the judicial district in which the
26-5 special judge performed services.
26-6 (h) <(e)> A special judge elected by practicing lawyers or
26-7 agreed to by parties must present to the comptroller of public
26-8 accounts a certificate of the clerk of the judicial district in
26-9 which the special judge performed services showing the record of
26-10 the election or appointment and the services rendered. The
26-11 certificate must be accompanied by the sworn account of the special
26-12 judge showing the number of days actually served as judge.
26-13 SECTION 35. Section 74.061, Government Code, is amended to
26-14 read as follows:
26-15 Sec. 74.061. Compensation While Assigned. (a) In this
26-16 section:
26-17 (1) "Holiday" means a state or national holiday as
26-18 defined by Section 662.003 that does not fall on a Saturday or
26-19 Sunday and that the General Appropriations Act does not prohibit
26-20 state agencies from observing.
26-21 (2) "Workday" means any day other than Saturday or
26-22 Sunday. The term includes a holiday.
26-23 (b) The salary, compensation, and expenses of a judge or
26-24 justice while assigned under this chapter shall be paid in
26-25 accordance with this chapter and other law of this state.
26-26 (c) <(b)> While serving in a county outside the judge's
26-27 <his> judicial district or county, a judge is entitled to receive,
27-1 in addition to the judge's <his> necessary expenses, additional
27-2 compensation from the county to which the judge <he> is assigned in
27-3 an amount not to exceed the difference between the compensation of
27-4 the assigned judge from all sources, exclusive of the per diem
27-5 provided by Subsection (o) <(f)>, and the compensation received
27-6 from all sources by the judge of the court to which the judge <he>
27-7 is assigned. The county shall pay the compensation provided by
27-8 this subsection on approval of the presiding judge of the
27-9 administrative region in which the court to which the judge is
27-10 assigned is located.
27-11 (d) <(c)> The salary of a retired judge or justice while
27-12 assigned under this chapter shall be paid out of money appropriated
27-13 from the general revenue fund for that purpose <in an amount equal
27-14 to the compensation received from state and county sources of the
27-15 judge of the court to which he is assigned>.
27-16 (e) For each day that <The salary of> a retired judge or
27-17 justice serves on assignment, the judge or justice is entitled to a
27-18 salary in an amount equal to the daily salary paid from state and
27-19 county sources to the judge of the court to which the retired judge
27-20 or justice is <while> assigned <shall be determined pro rata for
27-21 the period of time that the judge or justice actually sits as the
27-22 assigned judge>. Notwithstanding anything in this section, the
27-23 salary paid to a retired judge or justice during a calendar month
27-24 may not exceed the salary paid for that month to the judge of the
27-25 court to which the retired judge or justice is assigned.
27-26 (f) If a retired judge or justice sits on assignment for
27-27 only part of a day, then the judge or justice is considered for the
28-1 purposes of this section to have sat on assignment for the entire
28-2 day.
28-3 (g) A retired judge or justice who sits on assignment before
28-4 or after a holiday but who does not work on the holiday is entitled
28-5 to receive a salary for the holiday if the judge or justice would
28-6 be entitled to be paid for the holiday under Subchapter A, Chapter
28-7 662, if the judge or justice were a state employee under that
28-8 subchapter. This subsection applies even if the judge or justice
28-9 sits in an administrative region after a holiday that is different
28-10 from the region in which the judge or justice sat before the
28-11 holiday.
28-12 (h) For the purpose of computing the daily salary of a
28-13 retired judge or justice, the daily salary of a district judge is
28-14 determined by:
28-15 (1) dividing the annual salary of the district judge
28-16 by 12 months; and
28-17 (2) dividing the monthly salary computed under
28-18 Subdivision (1) by the number of workdays in the month in which the
28-19 retired judge or justice sits on assignment.
28-20 (i) <(d)> For each day that <services actually performed
28-21 while assigned under this chapter,> a former judge or justice
28-22 serves on assignment, the judge or justice is entitled to a salary
28-23 in an amount equal to the daily salary paid <shall receive> from
28-24 state and county sources to <funds and money appropriated by the
28-25 legislature the same amount of salary, compensation, and expenses
28-26 that> the regular judge of the court to which the former judge or
28-27 justice is assigned <is entitled to receive from the county and
29-1 from the state for those services>. Notwithstanding anything in
29-2 this section, the salary paid to a former judge or justice during a
29-3 calendar month may not exceed the salary paid for that month to the
29-4 regular judge of the court to which the former judge or justice is
29-5 assigned.
29-6 (j) The state's share of a former judge or justice's salary
29-7 is the same as the state's share of the regular judge's salary.
29-8 The county's share of the former judge or justice's salary is the
29-9 same as the county's share of the regular judge's salary. The
29-10 presiding judge of the administrative region to which the former
29-11 judge or justice is assigned shall certify to the county and the
29-12 state the services rendered under this chapter by the <a> former
29-13 judge or justice and the share to be paid by the state. The amount
29-14 certified by the presiding judge as the state's share shall be paid
29-15 from an item in the Judiciary <Judicial> Section--Comptroller's
29-16 Department of the General Appropriations Act for the payment of
29-17 salaries of district and criminal district judges.
29-18 (k) If a former judge or justice sits on assignment for only
29-19 part of a day, the judge or justice is considered for the purposes
29-20 of this section to have sat on assignment for the entire day.
29-21 (l) A former judge or justice who sits on assignment before
29-22 or after a holiday but who does not work on the holiday is entitled
29-23 to receive a salary for the holiday if the judge or justice would
29-24 be entitled to be paid for the holiday under Subchapter A, Chapter
29-25 662, if the judge or justice were a state employee under that
29-26 subchapter. This subsection applies even if the judge or justice
29-27 sits in an administrative region after a holiday that is different
30-1 from the region in which the judge or justice sat before the
30-2 holiday.
30-3 (m) For the purpose of computing the daily salary of a
30-4 former judge or justice, the daily salary of a district judge is
30-5 determined by:
30-6 (1) dividing the annual salary of the district judge
30-7 by 12 months; and
30-8 (2) dividing the monthly salary computed under
30-9 Subdivision (1) by the number of workdays in the month in which the
30-10 former judge or justice sits on assignment.
30-11 (n) <(e)> When a district, constitutional county, or
30-12 statutory county court judge is assigned under this chapter to a
30-13 court outside the judge's <his> own district or county, the judge,
30-14 in addition to all other compensation authorized by law, is
30-15 entitled to receive the judge's <his> actual expenses in going to
30-16 and returning from the judge's <his> assignment and the judge's
30-17 <his> actual living expenses while in the performance of the
30-18 judge's <his> duties under the assignment. The county in which the
30-19 duties are performed shall pay the expenses out of the general fund
30-20 of the county on accounts certified and approved by the presiding
30-21 judge of the administrative region for that county.
30-22 (o) <(f)> When a district, constitutional county, or
30-23 statutory county court judge is assigned under this chapter to a
30-24 court outside the judge's <his> own district or county, the judge,
30-25 in addition to all other compensation and expenses authorized by
30-26 law, is entitled to receive a per diem of $25 for each day or
30-27 fraction of a day that the judge spends outside the judge's <his>
31-1 district or county in the performance of the judge's <his> duties
31-2 under the assignment. The state shall pay the per diem in the same
31-3 manner that it pays the judge's salary on certificates of approval
31-4 by the chief justice or the presiding judge of the administrative
31-5 region in which the judge resides.
31-6 (p) <(g)> An active court of appeals justice assigned under
31-7 this subchapter is not entitled to receive any additional
31-8 compensation for serving as a visiting judge. If the justice is
31-9 assigned to a court outside the justice's <his> own court of
31-10 appeals district, the justice is entitled to receive actual
31-11 expenses in going to and returning from assignment and actual
31-12 living expenses while in the performance of duties under the
31-13 assignment. The county in which the duties are performed shall pay
31-14 the expenses out of the county's general fund on accounts certified
31-15 and approved by the presiding judge of the administrative region
31-16 for that county.
31-17 SECTION 36. Subchapter B, Chapter 659, Government Code, is
31-18 amended by adding Section 659.0121 to read as follows:
31-19 Sec. 659.0121. COMPUTATION OF DISTRICT JUDGE'S SALARY.
31-20 (a) In this section:
31-21 (1) "Holiday" means a state or national holiday as
31-22 defined by Section 662.003 that does not fall on a Saturday or
31-23 Sunday and that the General Appropriations Act does not prohibit
31-24 state agencies from observing.
31-25 (2) "Workday" means any day other than Saturday or
31-26 Sunday. The term includes a holiday.
31-27 (b) This section applies to the salary that the judge of a
32-1 district court earns during a calendar month if the judge serves
32-2 for less than the entire month.
32-3 (c) The judge's salary for the month is equal to the number
32-4 of hours served multiplied by the amount of the judge's salary,
32-5 expressed as an hourly rate.
32-6 (d) The hourly rate of the judge's salary is determined by
32-7 dividing the judge's annual salary by the product of:
32-8 (1) 96; and
32-9 (2) the number of workdays in the month.
32-10 (e) The judge receives eight hours of service credit for
32-11 each complete workday served, regardless of the number of hours
32-12 actually served during that workday. If the judge serves at least
32-13 eight hours on a workday, the judge receives eight hours of service
32-14 credit for that workday even if the judge's successor begins
32-15 service on the same workday. The successor receives no hours of
32-16 service credit for that workday.
32-17 (f) The judge receives eight hours of service credit for a
32-18 holiday if the judge would be entitled to be paid for the holiday
32-19 under Subchapter A, Chapter 662, if the judge were a state employee
32-20 under that subchapter. The judge receives the credit even if the
32-21 judge does not serve on the holiday.
32-22 SECTION 37. Subdivisions (1) and (3), Section 661.061,
32-23 Government Code, are amended to read as follows:
32-24 (1) "National holiday" includes only those days listed
32-25 under Section 662.003(a). The term does not include a national
32-26 holiday on which a state employee is not entitled to a paid day off
32-27 from work under Section 662.005.
33-1 (3) "State holiday" includes only those days listed
33-2 under Section 662.003(b). The term does not include a state
33-3 holiday on which a state employee is not entitled to a paid day off
33-4 from work under Section 662.005.
33-5 SECTION 38. Subsection (b), Section 661.062, Government
33-6 Code, is amended to read as follows:
33-7 (b) A separation from state employment includes a separation
33-8 in which the employee:
33-9 (1) leaves one state agency to begin working for
33-10 another state agency, if one or more workdays occur between the two
33-11 employments;
33-12 (2) moves from a position in a state agency that
33-13 accrues vacation time to a position in that agency that does not
33-14 accrue vacation time, if the agency agrees to pay the employee for
33-15 the accrued balance of the employee's vacation time;
33-16 (3) moves from a position in a state agency that
33-17 accrues vacation time to a position in another state agency that
33-18 does not accrue vacation time, if the other state agency refuses to
33-19 credit the employee for the balance of the employee's vacation time
33-20 as of the date of the move; <or>
33-21 (4) moves from a position in a state agency that does
33-22 not accrue vacation time to a position in another state agency that
33-23 does not accrue vacation time, if the other state agency is not
33-24 authorized or refuses to credit the employee for the balance of the
33-25 employee's vacation time as of the date of the move; or
33-26 (5) holds two or more positions, and separates from
33-27 one that accrues vacation time.
34-1 SECTION 39. Section 661.063, Government Code, is amended to
34-2 read as follows:
34-3 Sec. 661.063. Computation of Payment. (a) Except as
34-4 provided by Subsection (b), the <The> payment to a state employee
34-5 under this subchapter shall be computed by multiplying the
34-6 employee's rate of compensation on the date of separation from
34-7 state employment by the total number of hours of vacation time
34-8 determined under Section 661.064.
34-9 (b) The payment under this subchapter to a state employee
34-10 who separates from state employment while holding a position that
34-11 does not accrue vacation time shall be computed according to this
34-12 subsection. The employee's final rate of compensation in the last
34-13 position held that accrues vacation time shall be multiplied by the
34-14 employee's total number of hours of vacation time determined under
34-15 Section 661.064.
34-16 (c) Under this section, rate of compensation:
34-17 (1) includes an emolument in lieu of base pay for
34-18 which the state employee was eligible <on the last day of
34-19 employment>; and
34-20 (2) does not include longevity or hazardous duty pay.
34-21 SECTION 40. Section 661.064, Government Code, is amended by
34-22 amending Subsection (a) and adding Subsection (c) to read as
34-23 follows:
34-24 (a) This subsection applies except as provided by Subsection
34-25 (c). For a state employee who on the date of separation is
34-26 normally scheduled to work at least 40 hours a week, eight hours
34-27 are to be added to the employee's accrued vacation time for each
35-1 state or national holiday that is scheduled to fall within the
35-2 period after the date of separation and during which the employee
35-3 could have used the time. To determine the period during which
35-4 vacation time could have been used and the number of state or
35-5 national holidays, the employee's vacation time is allocated over
35-6 the workdays after the employee's separation and eight hours are
35-7 added as a state or national holiday occurs during the period.
35-8 (c) This subsection applies only to a state employee who is
35-9 paid under this subchapter because the separation from state
35-10 employment involves a move to a position in a state agency that
35-11 does not accrue vacation time. No hours may be added to the
35-12 employee's accrued vacation time for a state or national holiday
35-13 that is scheduled to fall within the period after the date of
35-14 separation and during which the employee could have used the time.
35-15 SECTION 41. Subchapter A, Chapter 662, Government Code, is
35-16 amended by adding Section 662.0071 to read as follows:
35-17 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
35-18 (a) A state agency shall accept the balance of compensatory time
35-19 accrued under Section 662.007 by a state employee who transfers to
35-20 that agency from another state agency if the employee transfers as
35-21 a direct result of:
35-22 (1) the legislature's transfer of legal authority or
35-23 duties from the agency that formerly employed the employee to the
35-24 agency that now employs the employee; or
35-25 (2) a requirement of the State Council on Competitive
35-26 Government for the agency that formerly employed the employee to
35-27 bid a commercially available service that the agency previously
36-1 performed.
36-2 (b) Subsection (a) does not apply if the transferring state
36-3 employee is required to apply for the new position.
36-4 (c) In this section, "bid" means any process developed by
36-5 the State Council on Competitive Government to provide a
36-6 commercially available service in competition with private
36-7 commercial sources or state agency providers.
36-8 SECTION 42. Subsection (f), Section 403.016, Government
36-9 Code, is amended to read as follows:
36-10 (f)(1) Except as provided by Subdivision (2) <Subsection
36-11 (e)>, the comptroller may use the electronic funds transfer system
36-12 to pay a person only if the payment is deposited <deposit payments
36-13 only> to one or more of the person's accounts <a payee's account>
36-14 at one or more <a> financial institutions <institution>. This
36-15 authorization is subject to any limitation adopted by the
36-16 comptroller by rule, by an automated clearinghouse, or by the
36-17 federal government.
36-18 (2) An employee's account at a credit union may be
36-19 used to deposit part of the employee's net state salary if:
36-20 (A) the amount of the salary deposited to that
36-21 account exceeds the amount of the salary deposited to any account
36-22 of the employee at any other type of financial institution; or
36-23 (B) the requirements concerning deductions for
36-24 payments to credit unions in Subchapter G, Chapter 659, and in the
36-25 rules adopted by the comptroller under that subchapter are
36-26 satisfied.
36-27 (3) A single electronic funds transfer may contain
37-1 payments to multiple payees. Individual transfers or warrants are
37-2 not required for each payee.
37-3 SECTION 43. Subtitle C, Title 8, Government Code, is amended
37-4 by adding Chapter 826 to read as follows:
37-5 CHAPTER 826. RETIREMENT INCENTIVES OF MEDICAL AND DENTAL UNITS
37-6 Sec. 826.001. RETIREMENT INCENTIVES. (a) A medical and
37-7 dental unit may offer retirement incentives to employees of the
37-8 unit who are eligible to retire under this subtitle.
37-9 (b) A medical and dental unit offering retirement incentives
37-10 shall provide the Legislative Budget Board with such information
37-11 concerning the incentives as may be required by the board and shall
37-12 file any incentives plan with the board at least 60 days before the
37-13 date the plan is implemented.
37-14 (c) An employee receiving retirement incentives under this
37-15 section may not be rehired by a medical and dental unit without the
37-16 specific approval of the president of the unit. The president may
37-17 not delegate this responsibility to any other employee of the unit.
37-18 (d) Any retirement incentive offered by a medical and dental
37-19 unit must be paid from institutional funds or hospital or clinic
37-20 fees.
37-21 (e) A retirement incentive paid by a medical and dental unit
37-22 to a person is not subject to any provision of state law that
37-23 entitles a person to any benefits based on salary or compensation,
37-24 including but not limited to contributions provided for in this
37-25 subtitle.
37-26 (f) In this section:
37-27 (1) "Institutional funds" has the meaning assigned by
38-1 Section 51.009, Education Code.
38-2 (2) "Medical and dental unit" has the meaning assigned
38-3 by Section 61.003, Education Code, and includes any health care
38-4 facility operated by a medical and dental unit or health science
38-5 center.
38-6 SECTION 44. Section 830.201, Government Code, is amended by
38-7 adding Subsections (d) and (e) to read as follows:
38-8 (d) For a person who first became a participant in the
38-9 optional retirement program beginning after August 31, 1996, the
38-10 compensation limitation of Section 401(a)(17), Internal Revenue
38-11 Code of 1986 (26 U.S.C. Section 401), applies.
38-12 (e) For a person who first became a participant in the
38-13 optional retirement program before September 1, 1996, the
38-14 compensation limitation under Section 401(a)(17), Internal Revenue
38-15 Code (26 U.S.C. Section 401), does not apply. For these persons,
38-16 the amount of compensation allowed to be taken into account under
38-17 the plan shall be the amount allowed to be taken into account as of
38-18 July 1, 1993.
38-19 SECTION 45. The following laws are repealed:
38-20 (1) Subsection (j), Section 403.0165, Government Code;
38-21 (2) Section 1, Chapter 922, Acts of the 73rd
38-22 Legislature, 1993; and
38-23 (3) Section 403.005 and Subsection (e), Section
38-24 403.016, Government Code.
38-25 SECTION 46. This Act takes effect immediately, except:
38-26 (1) Sections 1 through 8, 10, 33 through 41, 47, and
38-27 48, which take effect September 1, 1995;
39-1 (2) Sections 18, 19, and 20, which take effect
39-2 September 1, 1995, if this Act does not receive the votes required
39-3 by Section 39, Article III, Texas Constitution, for immediate
39-4 effect.
39-5 SECTION 47. The changes in law made by Sections 33, 34, 35,
39-6 and 36 of this Act do not apply to salary or compensation earned by
39-7 a special judge, by a retired or former judge or justice, or by a
39-8 judge of a district court before the effective date of this Act.
39-9 That salary and compensation are governed by the law in effect at
39-10 the time they were earned, and that law is continued in effect for
39-11 that purpose.
39-12 SECTION 48. The changes in law made by Sections 38 and 39 of
39-13 this Act do not apply to a separation from state employment that
39-14 occurs before the effective date of this Act. That separation is
39-15 governed by the law in effect at the time of the separation, and
39-16 the former law is continued in effect for that purpose.
39-17 SECTION 49. The importance of this legislation and the
39-18 crowded condition of the calendars in both houses create an
39-19 emergency and an imperative public necessity that the
39-20 constitutional rule requiring bills to be read on three several
39-21 days in each house be suspended, and this rule is hereby suspended,
39-22 and that this Act take effect and be in force according to its
39-23 terms, and it is so enacted.