By Armbrister S.B. No. 670
Substitute the following for S.B. No. 670:
By Eiland C.S.S.B. No. 670
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expenses of state agencies and the compensation,
1-3 expenses, and conditions of employment of state officers,
1-4 employees, and other workers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (c), Section 659.083, Government Code,
1-7 is amended to read as follows:
1-8 (c) In this section, "working day" means a day other than
1-9 Saturday, Sunday, or a national holiday<, or a state holiday> as
1-10 listed in the General Appropriations Act or Chapter 662. A day
1-11 does not cease to be a national holiday because a state agency
1-12 maintains or is required to maintain a minimum working staff on the
1-13 holiday.
1-14 SECTION 2. Sections 2254.021 and 2254.022, Government Code,
1-15 are amended to read as follows:
1-16 Sec. 2254.021. DEFINITIONS. In this subchapter:
1-17 (1) "Consulting service" means the service of studying
1-18 or advising a state agency under a contract that does not involve
1-19 the traditional relationship of employer and employee.
1-20 (2) "Major consulting services contract" means a
1-21 consulting services contract for which it is reasonably foreseeable
1-22 that the value of the contract will exceed $10,000.
1-23 (3) "Consultant" <"Private consultant"> means a person
1-24 that provides or proposes to provide a consulting service. The
2-1 term includes the federal government but does not include a state
2-2 agency or a state governmental entity.
2-3 (4) "State agency" has the meaning assigned by Section
2-4 1.02, State Purchasing and General Services Act (Article 601b,
2-5 Vernon's Texas Civil Statutes).
2-6 (5) "State governmental entity" means a state
2-7 department, commission, board, office, institution, facility, or
2-8 other agency the jurisdiction of which is not limited to a
2-9 geographical portion of the state. The term includes a university
2-10 system and an institution of higher education, other than a public
2-11 junior college, as those terms are defined by Section 61.003,
2-12 Education Code.
2-13 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
2-14 subchapter shall be interpreted to ensure:
2-15 (1) the greatest and fairest competition in the
2-16 selection by state agencies of <private> consultants; and
2-17 (2) the giving of notice to all potential <private>
2-18 consultants of the need for and opportunity to provide consulting
2-19 services.
2-20 (b) This subchapter does not:
2-21 (1) discourage state agencies from using <private>
2-22 consultants if the agencies reasonably foresee that the use of
2-23 <private> consultants will produce a more efficient and less costly
2-24 operation or project;
2-25 (2) prohibit the making of a sole-source contract for
2-26 consulting services if a proposal is not received from a competent,
2-27 knowledgeable, and qualified <private> consultant at a reasonable
3-1 fee, after compliance with this subchapter; or
3-2 (3) require or prohibit the use of competitive bidding
3-3 procedures to purchase consulting services.
3-4 SECTION 3. Subsections (a), (b), and (e), Section 2254.025,
3-5 Government Code, are amended to read as follows:
3-6 (a) The governor, after receipt of a request complying with
3-7 this section, may grant a limited waiver of the provisions of this
3-8 subchapter for a state agency that requires <private> consulting
3-9 services before compliance with this subchapter can be completed
3-10 because of an unforeseen emergency.
3-11 (b) A state agency's request for a waiver must include
3-12 information required by the governor, including:
3-13 (1) information about the nature of the emergency;
3-14 (2) the reason that the state agency did not foresee
3-15 the emergency;
3-16 (3) the name of the <private> consultant with whom the
3-17 agency intends to contract; and
3-18 (4) the amount of the intended contract.
3-19 (e) In this section, "unforeseen emergency" means a
3-20 situation that suddenly and unexpectedly causes a state agency to
3-21 need the services of a <private> consultant. The term includes the
3-22 issuance of a court order, an actual or imminent natural disaster,
3-23 and new state or federal legislation. An emergency is not
3-24 unforeseen if a state agency was negligent in foreseeing the
3-25 occurrence of the emergency.
3-26 SECTION 4. Sections 2254.026 and 2254.027, Government Code,
3-27 are amended to read as follows:
4-1 Sec. 2254.026. CONTRACT WITH <PRIVATE> CONSULTANT. A state
4-2 agency may contract with a <private> consultant only if:
4-3 (1) there is a substantial need for the consulting
4-4 services; and
4-5 (2) the agency cannot adequately perform the services
4-6 with its own personnel or obtain the consulting services through a
4-7 contract with a <another> state governmental entity <agency>.
4-8 Sec. 2254.027. SELECTION OF <PRIVATE> CONSULTANT. In
4-9 selecting a <private> consultant, a state agency shall:
4-10 (1) base its choice on demonstrated competence,
4-11 knowledge, and qualifications and on the reasonableness of the
4-12 proposed fee for the services; and
4-13 (2) if other considerations are equal, give preference
4-14 to a <private> consultant whose principal place of business is in
4-15 the state or who will manage the consulting contract wholly from an
4-16 office in the state.
4-17 SECTION 5. Subsection (a), Section 2254.028, Government
4-18 Code, is amended to read as follows:
4-19 (a) Before entering into a major consulting services
4-20 contract, a state agency shall:
4-21 (1) notify the Legislative Budget Board and the
4-22 governor's Budget and Planning Office that the agency intends to
4-23 contract with a <private> consultant;
4-24 (2) give information to the Legislative Budget Board
4-25 and the governor's Budget and Planning Office to demonstrate that
4-26 the agency has complied or will comply with Sections 2254.026 and
4-27 2254.027; and
5-1 (3) obtain a finding of fact from the governor's
5-2 Budget and Planning Office that the consulting services are
5-3 necessary.
5-4 SECTION 6. Sections 2254.029 and 2254.030, Government Code,
5-5 are amended to read as follows:
5-6 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
5-7 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
5-8 30th day before the date it enters into a major consulting services
5-9 contract, a state agency shall file with the secretary of state for
5-10 publication in the Texas Register:
5-11 (1) an invitation for <private> consultants to provide
5-12 offers of consulting services;
5-13 (2) the name of the individual who should be contacted
5-14 by a <private> consultant that intends to make an offer;
5-15 (3) the closing date for the receipt of offers; and
5-16 (4) the procedure by which the state agency will award
5-17 the contract.
5-18 (b) If the consulting services sought by a state agency
5-19 relate to services previously provided by a <private> consultant,
5-20 the agency shall disclose that fact in the invitation required by
5-21 Subsection (a). If the state agency intends to award the contract
5-22 for the consulting services to a <private> consultant that
5-23 previously provided the services, unless a better offer is
5-24 received, the agency shall disclose its intention in the invitation
5-25 required by Subsection (a).
5-26 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
5-27 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
6-1 day after the date of entering into a major consulting services
6-2 contract, the state agency shall file with the secretary of state
6-3 for publication in the Texas Register:
6-4 (1) a description of the activities that the <private>
6-5 consultant will conduct;
6-6 (2) the name and business address of the <private>
6-7 consultant;
6-8 (3) the total value and the beginning and ending dates
6-9 of the contract; and
6-10 (4) the dates on which documents, films, recordings,
6-11 or reports that the <private> consultant is required to present to
6-12 the agency are due.
6-13 SECTION 7. Subsections (a) and (b), Section 2254.036,
6-14 Government Code, are amended to read as follows:
6-15 (a) On request, a state agency shall, after the agency's
6-16 contract with a <private> consultant has ended, supply the
6-17 Legislative Budget Board and the governor's Budget and Planning
6-18 Office with copies of all documents, films, recordings, or reports
6-19 compiled by the consultant under the contract.
6-20 (b) Copies of all documents, films, recordings, or reports
6-21 compiled by the <private> consultant shall be filed with the Texas
6-22 State Library and shall be retained by the library for at least
6-23 five years.
6-24 SECTION 8. Section 2254.037, Government Code, is amended to
6-25 read as follows:
6-26 Sec. 2254.037. REPORTS. As part of the biennial budgetary
6-27 hearing process conducted by the Legislative Budget Board and the
7-1 governor's Budget and Planning Office, a state agency shall report
7-2 to the Legislative Budget Board and the governor's Budget and
7-3 Planning Office on any actions taken in response to the
7-4 recommendations of any <private> consultant with whom the state
7-5 agency contracts during the previous biennium.
7-6 SECTION 9. Subchapter B, Chapter 403, Government Code, is
7-7 amended by adding Section 403.024 to read as follows:
7-8 Sec. 403.024. RULES. (a) The comptroller may adopt rules
7-9 to interpret, implement, and administer a state statute if:
7-10 (1) the statute specifically authorizes or requires
7-11 the comptroller to interpret, implement, or administer the statute;
7-12 or
7-13 (2) the comptroller determines that the rules are
7-14 necessary for fulfillment of the comptroller's constitutional or
7-15 statutory duties.
7-16 (b) Subsection (a) does not apply to a state statute if the
7-17 statute specifically authorizes the comptroller or a state agency
7-18 to adopt rules to interpret, implement, and administer the statute.
7-19 SECTION 10. Subdivision (2), Subsection (d), Section
7-20 481.0841, Government Code, is amended to read as follows:
7-21 (2) A state agency may not use funds inside or outside
7-22 the state treasury to pay a user if the <agency knows that the>
7-23 user is in default on a loan guaranteed under this subchapter and
7-24 with respect to which the department has been required to honor a
7-25 guarantee.
7-26 SECTION 11. Subsection (e), Section 57.48, Education Code,
7-27 is amended to read as follows:
8-1 (e) This section does not prohibit the comptroller from
8-2 issuing a warrant to pay the compensation of:
8-3 (1) a state officer or employee; or
8-4 (2) an individual whose compensation is being paid by
8-5 a private person through a state agency.
8-6 SECTION 12. Subdivision (4), Subsection (f), Section 57.48,
8-7 Education Code, is amended to read as follows:
8-8 (4) This subsection does not prohibit a state agency
8-9 from paying the compensation of:
8-10 (A) a state officer or employee; or
8-11 (B) an individual whose compensation is being
8-12 paid by a private person through the agency.
8-13 SECTION 13. Subsection (c), Section 403.055, Government
8-14 Code, is amended to read as follows:
8-15 (c) This section does not prohibit the comptroller from
8-16 issuing a warrant to pay the compensation of:
8-17 (1) a state officer or employee; or
8-18 (2) an individual whose compensation is being paid by
8-19 a private person through a state agency.
8-20 SECTION 14. Subdivision (4), Subsection (e), Section
8-21 403.055, Government Code, is amended to read as follows:
8-22 (4) This subsection does not prohibit a state agency
8-23 from paying the compensation of:
8-24 (A) a state officer or employee; or
8-25 (B) an individual whose compensation is being
8-26 paid by a private person through the agency.
8-27 SECTION 15. Subsection (c), Section 481.0841, Government
9-1 Code, is amended to read as follows:
9-2 (c) This section does not prohibit the comptroller from
9-3 issuing a warrant or initiating an electronic funds transfer to pay
9-4 the compensation of:
9-5 (1) a state officer or employee; or
9-6 (2) an individual whose compensation is being paid by
9-7 a private person through a state agency.
9-8 SECTION 16. Subdivision (4), Subsection (d), Section
9-9 481.0841, Government Code, is amended to read as follows:
9-10 (4) This subsection does not prohibit a state agency
9-11 from paying the compensation of:
9-12 (A) a state officer or employee; or
9-13 (B) an individual whose compensation is being
9-14 paid by a private person through the agency.
9-15 SECTION 17. Section 403.252, Government Code, is amended to
9-16 read as follows:
9-17 Sec. 403.252. Exceptions. This subchapter does not apply
9-18 to:
9-19 (1) state agency funds located completely outside the
9-20 state treasury;
9-21 (2) the petty cash accounts maintained by the Texas
9-22 Department of Mental Health and Mental Retardation under Section
9-23 533.037(d)(4), Health and Safety Code; <2.17(b)(3), Texas Mental
9-24 Health and Mental Retardation Act (Article 5547-202, Vernon's Texas
9-25 Civil Statutes); or>
9-26 (3) imprest funds kept by enforcement agencies for the
9-27 purchase of evidence or other enforcement purposes; or
10-1 (4) petty cash accounts expressly provided for by the
10-2 legislature in the General Appropriations Act.
10-3 SECTION 18. Sections 662.001, 662.005, and 662.006,
10-4 Government Code, are amended to read as follows:
10-5 Sec. 662.001. DEFINITIONS. In this subchapter:
10-6 (1) "Part-time state employee" means a state employee
10-7 who normally works fewer <less> than 40 hours each week.
10-8 (2) "State agency" means a unit of state government,
10-9 including a state board, commission, council, department,
10-10 committee, agency, or office that was created by the constitution
10-11 or a statute of this state and is in any branch of state
10-12 government. The term does not include a local government, a river
10-13 authority, a special district, any other political subdivision, or
10-14 an institution of higher education as defined by Section 61.003,
10-15 Education Code.
10-16 (3) "State employee" means an employee of a state
10-17 agency or an appointed officer of a state agency whose office is
10-18 not created by the state constitution. The term includes a
10-19 part-time, hourly, or temporary state employee.
10-20 (4) "Workday" means a day on which a state employee is
10-21 normally scheduled to work. The term does not include a national
10-22 or state holiday.
10-23 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
10-24 individual who is a <A> state employee on the last workday before
10-25 or the first workday after a national or state holiday, or on both
10-26 workdays, is entitled, except as provided by Section 662.010, to a
10-27 paid day off from working for a state agency <work> on the <each
11-1 national or state> holiday if:
11-2 (1) the holiday <that> does not fall on a Saturday or
11-3 Sunday; and
11-4 (2) the General Appropriations Act does not prohibit
11-5 state agencies from observing the holiday.
11-6 (b) In this <This> section, "state employee":
11-7 (1) includes an individual who uses paid leave from a
11-8 state agency; and
11-9 (2) does not include an individual who uses unpaid
11-10 leave from a state agency <does not apply to a holiday that the
11-11 General Appropriations Act prohibits state agencies from
11-12 observing>.
11-13 Sec. 662.006. OPTIONAL HOLIDAY. (a) An individual who is a
11-14 <A> state employee on the last workday before or the first workday
11-15 after an optional holiday, or on both workdays, is entitled, except
11-16 as provided by Section 662.010, to a paid day off from working for
11-17 a state agency on the <each day of an optional> holiday if:
11-18 (1) the holiday <that> does not fall on a Saturday or
11-19 Sunday;
11-20 (2) <if> the employee agrees to give up, during the
11-21 same fiscal year, a state holiday that:
11-22 (A) does not fall on a Saturday or Sunday; and
11-23 (B) the General Appropriations Act does not
11-24 prohibit state agencies from observing; and
11-25 (3) the General Appropriations Act does not prohibit
11-26 state agencies from observing the optional holiday.
11-27 (b) A state employee is entitled to a paid day off from
12-1 working for a state agency on each day of an optional holiday that
12-2 extends for more than one day if the employee:
12-3 (1) qualifies for the paid day off under Subsection
12-4 (a); and
12-5 (2) agrees to give up during the same fiscal year an
12-6 equivalent number of state holidays that:
12-7 (A) do not fall on a Saturday or Sunday; and
12-8 (B) the General Appropriations Act does not
12-9 prohibit state agencies from observing.
12-10 (c) A state employee may not agree to give up the Friday
12-11 after Thanksgiving Day or the 24th or 26th day of December.
12-12 SECTION 19. Subsection (a), Section 662.007, Government
12-13 Code, is amended to read as follows:
12-14 (a) A state employee who is required to work on a national
12-15 or state holiday <that does not fall on a Saturday or Sunday> is
12-16 entitled to compensatory time off during the 12 months after the
12-17 holiday if state employees are entitled to a paid day off from
12-18 working for a state agency on the holiday under Section 662.005.
12-19 SECTION 20. Section 662.010, Government Code, is amended to
12-20 read as follows:
12-21 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
12-22 (a) An individual who is not a <A> state employee <who begins
12-23 working for a state agency> on the last workday before a state or
12-24 national holiday but who is a state employee on the first workday
12-25 after the holiday may not <of a month is entitled to> be paid for
12-26 the <a state or national> holiday <that occurs before the first
12-27 workday> if it <the holiday:>
13-1 <(1)> occurs during the same month as the last workday
13-2 before the holiday<; and>
13-3 <(2) does not fall on a Saturday or Sunday>.
13-4 (b) An individual who is a <A> state employee <who stops
13-5 working for a state agency> on the last workday before a state or
13-6 national holiday but who is not a state employee on the first
13-7 workday after the holiday may not <of a month is entitled to> be
13-8 paid for the <a state or national> holiday <that occurs after the
13-9 last workday> if it <the holiday:>
13-10 <(1)> occurs before the first workday of a month and
13-11 during that <the> month<; and>
13-12 <(2) does not fall on a Saturday or Sunday>.
13-13 (c) In this section, "state employee":
13-14 (1) includes an individual who uses paid leave from a
13-15 state agency; and
13-16 (2) does not include an individual who uses unpaid
13-17 leave from a state agency <"workday" means a day on which a state
13-18 employee is normally scheduled to work>.
13-19 SECTION 21. Subsections (h) and (i), Section 403.0165,
13-20 Government Code, are amended to read as follows:
13-21 (h) The comptroller may <shall> charge an administrative fee
13-22 to cover the costs incurred as a result of administering this
13-23 section. The administrative <Administrative> fees charged by the
13-24 comptroller shall be paid by each qualifying state employee
13-25 organization on a pro rata basis to be determined by the
13-26 comptroller. The comptroller by rule shall determine the most
13-27 efficient and effective method of collecting the <such
14-1 administrative> fees. <The comptroller shall adopt rules for the
14-2 administration of this section.>
14-3 (i) The comptroller shall adopt rules for the administration
14-4 of this section <allocate the administrative fees on a
14-5 proportional basis to each employing state agency that incurs costs
14-6 in administering this subsection>.
14-7 SECTION 22. Section 659.041, Government Code, is amended to
14-8 read as follows:
14-9 Sec. 659.041. DEFINITIONS. In this subchapter:
14-10 (1) "Appointment" means a job title.
14-11 (2) "Full-time state employee" means:
14-12 (A) a state employee who works in the executive
14-13 or judicial branch of state government, other than for a state
14-14 institution of higher education, and who is normally scheduled to
14-15 work a total of at least 40 hours a week for a single state agency
14-16 <in one position>;
14-17 (B) a state employee who works for a state
14-18 institution of higher education and who is normally scheduled to
14-19 work a total of at least 40 hours a week in one position, as
14-20 determined under Section 659.0411; or
14-21 (C) <(B)> a state employee who works in the
14-22 legislative branch of state government and who is normally
14-23 scheduled to work a total of 40 or more hours a week in all
14-24 positions held in the legislative branch.
14-25 (3) <(2)> "Part-time state employee" means a state
14-26 employee who is not a full-time state employee.
14-27 (4) <(3)> "State employee" means an individual who:
15-1 (A) is covered by Chapter 654;
15-2 (B) holds a line item or exempt position;
15-3 (C) works in a nonacademic position at a state
15-4 institution of higher education at least 20 hours a week for at
15-5 least 4.5 consecutive months; or
15-6 (D) is an hourly employee of the state.
15-7 SECTION 23. Subchapter D, Chapter 659, Government Code, is
15-8 amended by adding Section 659.0411 to read as follows:
15-9 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
15-10 EDUCATION. (a) A state institution of higher education shall
15-11 determine whether a state employee who has more than one
15-12 appointment with the institution holds only one position or holds
15-13 one position for each appointment.
15-14 (b) A board of regents shall determine whether a state
15-15 employee who has an appointment with each of at least two state
15-16 institutions of higher education under the board's jurisdiction
15-17 holds only one position or holds one position for each appointment.
15-18 (c) A state employee who has an appointment with each of at
15-19 least two state institutions of higher education holds more than
15-20 one position if those institutions are not governed by the same
15-21 board of regents.
15-22 SECTION 24. Section 2, Article 6813h, Revised Statutes, is
15-23 amended to read as follows:
15-24 Sec. 2. DEDUCTION AUTHORIZED. (a) A <An employee of a>
15-25 state employee <agency> may authorize a deduction each pay period
15-26 from the employee's salary or wage payment for a contribution. The
15-27 comptroller by rule may establish a reasonable minimum deduction
16-1 for each pay period.
16-2 (b) Except as provided by Subsections (c), (d), and (e), a
16-3 state employee may authorize a deduction only during a state
16-4 employee charitable campaign.
16-5 (c) A state employee who begins working for the state when a
16-6 campaign is not being conducted may authorize a deduction according
16-7 to the comptroller's requirements.
16-8 (d) A state employee who works for a state agency that does
16-9 not allow deduction authorizations because of Subsection (j) of
16-10 this section may authorize a deduction that is effective with the
16-11 first full payroll period after the agency is converted to a system
16-12 in which uniform statewide payroll procedures are followed.
16-13 (e) A state employee who works for a state agency that does
16-14 not allow deduction authorizations because of Subsection (j) of
16-15 this section may authorize a deduction after transferring from that
16-16 agency to:
16-17 (1) a state agency that allows deduction
16-18 authorizations even though it may prohibit them under Subsection
16-19 (j); or
16-20 (2) a state agency not covered by Subsection (j).
16-21 (f) A state employee who authorized a deduction while
16-22 working for a state agency may continue the deduction after
16-23 transferring to another state agency if the comptroller's rules for
16-24 continuing the deduction are followed.
16-25 (g) An authorization shall direct the comptroller to
16-26 distribute the deducted funds to participating federations or funds
16-27 and local campaign managers as prescribed by rule.
17-1 (h) <(c)> An authorization may designate an eligible
17-2 charitable organization to receive the deductions. If an
17-3 authorization does not designate an eligible charitable
17-4 organization, the employee's deductions shall be distributed to
17-5 each participating federation or fund and eligible local charitable
17-6 organization in the proportion that the deductions designated for
17-7 that charitable organization bear to the total of designated
17-8 deductions in the local state employee charitable campaign.
17-9 (i) <(d)> A deduction under this article must be in the form
17-10 prescribed by the comptroller.
17-11 (j) <(e)> A state agency other than an institution of higher
17-12 education is not required to permit employees to authorize a
17-13 deduction under this article until the first full payroll period
17-14 after the agency is converted to a system in which uniform
17-15 statewide payroll procedures are followed.
17-16 SECTION 25. Section 3, Article 6813h, Revised Statutes, is
17-17 amended to read as follows:
17-18 Sec. 3. Duration of Deduction. (a) A deduction under this
17-19 article begins on the date designated by the comptroller by rule.
17-20 (b) A deduction authorization under this article is
17-21 effective for a maximum of one campaign year and, unless revoked or
17-22 changed under Subsection (c) of this section, ends on<:>
17-23 <(1) the first anniversary of> the date designated by
17-24 the comptroller by rule <it begins; or>
17-25 <(2) the effective date of a revocation of or change
17-26 in the authorization by the employee>.
17-27 (c) <(b)> A state employee may revoke or change a deduction
18-1 <an> authorization by giving notice to the employing state agency.
18-2 The notice must be in the form and manner prescribed by the
18-3 comptroller. A state employee may not change the eligible
18-4 charitable organization designated to receive the employee's
18-5 deductions. A revocation or change takes effect on the date
18-6 designated <when it is approved> by the comptroller by rule.
18-7 SECTION 26. Subsection (d), Section 13, Article 6813h,
18-8 Revised Statutes, is amended to read as follows:
18-9 (d) Except as provided by this subsection, the <The>
18-10 comptroller shall charge an administrative fee to cover costs
18-11 incurred by the comptroller and employing state agencies in the
18-12 implementation of this article to the charitable organizations
18-13 participating in the first state employee charitable campaign
18-14 conducted under this article in the same proportion that the
18-15 contributions to that charitable organization bear to the total of
18-16 contributions in that campaign. Except as provided by this
18-17 subsection, the <The> comptroller shall charge an administrative
18-18 fee to cover costs incurred by the comptroller and employing state
18-19 agencies in the administration of this article to the charitable
18-20 organizations in each subsequent state employee charitable campaign
18-21 in the same proportion that the contributions to that charitable
18-22 organization bear to the total of contributions in that campaign.
18-23 The comptroller may decline to charge an administrative fee if the
18-24 comptroller determines the costs that would be covered by the fee
18-25 are insignificant. The comptroller shall determine the most
18-26 efficient and effective method of collecting the administrative fee
18-27 and shall adopt rules for the implementation of this section.
19-1 SECTION 27. Chapter 659, Government Code, is amended by
19-2 adding Subchapter G to read as follows:
19-3 SUBCHAPTER G. SUPPLEMENTAL DEDUCTIONS
19-4 Sec. 659.101. DEFINITION. In this subchapter, "state
19-5 agency" means a department, commission, board, office, or other
19-6 agency of any branch of state government, including an institution
19-7 of higher education as defined by Section 61.003, Education Code.
19-8 Sec. 659.102. DEDUCTION FOR SUPPLEMENTAL OPTIONAL BENEFITS
19-9 PROGRAM. (a) An employee of a state agency may authorize in
19-10 writing a deduction each pay period from the employee's salary or
19-11 wage payment for coverage of the employee under an eligible
19-12 supplemental optional benefits program.
19-13 (b) The Employees Retirement System of Texas shall designate
19-14 supplemental optional benefits programs that are eligible under
19-15 this section and that promote the interests of the state and state
19-16 agency employees.
19-17 (c) The supplemental optional benefits program shall include
19-18 a program to provide permanent life insurance and may include
19-19 programs to provide catastrophic illness insurance, disability
19-20 insurance, or prepaid legal services.
19-21 Sec. 659.1021. PERMANENT LIFE INSURANCE PROGRAM. (a) The
19-22 Employees Retirement System of Texas shall issue a request for
19-23 proposals to insurance companies and agencies to become providers
19-24 of the supplemental optional benefits program to provide permanent
19-25 life insurance.
19-26 (b) To be qualified to be a provider of the program under
19-27 this section, a company or agency must:
20-1 (1) have extensive experience in marketing life
20-2 insurance within groups, including governmental entities, having at
20-3 least 10,000 potential policyholders;
20-4 (2) have an adequate number of servicing agents
20-5 located strategically throughout this state;
20-6 (3) have a computerized billing system capable of
20-7 processing magnetic tapes providing an employee's name, social
20-8 security number, and the amount of deduction for each deduction
20-9 period;
20-10 (4) provide a description of its billing system's
20-11 capability and a reference of existing accounts;
20-12 (5) provide the applicant's view of the role of an
20-13 insurance agent concerning an individual policyholder and a
20-14 description of how the company or agency recruits and trains agents
20-15 to ensure that continuing service is provided to policyholders by
20-16 career professional insurance agents; and
20-17 (6) provide a portfolio of life insurance products,
20-18 including whole life, whole life participating, universal life, and
20-19 variable life policies, that meets the specifications of Subsection
20-20 (c).
20-21 (c) Each portfolio of a qualified provider company or agency
20-22 must specify:
20-23 (1) the interest rate paid on universal life policies,
20-24 how it is determined, and the rate that has been paid for the
20-25 preceding three years;
20-26 (2) the dividend rate for whole life par policies, the
20-27 guaranteed minimum interest, and the interest rate charged on loans
21-1 against the policies;
21-2 (3) the mortality table used and the frequency of
21-3 updating of mortality costs;
21-4 (4) the relative costs of comparable insurance for
21-5 smokers and nonsmokers; and
21-6 (5) the amounts of policies to be offered, without an
21-7 enrollment percentage requirement, under the program regardless of
21-8 the health status of the persons covered.
21-9 (d) In addition to the requirements of Subsection (b), to be
21-10 qualified as a provider of the program under this section, a
21-11 company must have a rating by the A.M. Best Company of A++ or
21-12 better.
21-13 (e) After receiving proposals under this section, the
21-14 retirement system may contract with one or more companies or
21-15 agencies who are qualified to be providers of the program.
21-16 Sec. 659.103. DEDUCTION TO CREDIT UNION. (a) An employee
21-17 of a state agency may authorize in writing a deduction each pay
21-18 period from the employee's salary or wage payment for payment to a
21-19 credit union to be credited to a share or deposit account of the
21-20 employee.
21-21 (b) A designation by the Employees Retirement System of
21-22 Texas is not necessary for a deduction under this section.
21-23 Sec. 659.104. AUTHORIZATION. (a) An authorization for a
21-24 deduction under this subchapter must direct the comptroller or, if
21-25 applicable, the appropriate financial officer of an institution of
21-26 higher education to transfer the withheld funds to the program or
21-27 credit union designated by the employee.
22-1 (b) The comptroller or financial officer shall comply with
22-2 the direction.
22-3 Sec. 659.105. FORM AND MANNER. A deduction under this
22-4 subchapter must be made in a form and manner prescribed by the
22-5 comptroller or the appropriate financial officer of an institution
22-6 of higher education.
22-7 Sec. 659.106. DURATION. (a) An employee authorizing a
22-8 deduction under this subchapter or a person designated by the
22-9 employee may change or revoke the authorization by delivering
22-10 written notice of the change or revocation to the comptroller or
22-11 the appropriate financial officer of an institution of higher
22-12 education.
22-13 (b) An authorization is effective until the comptroller or
22-14 financial officer receives the notice.
22-15 (c) The notice must be given in the form and manner
22-16 prescribed by the comptroller or financial officer.
22-17 Sec. 659.107. AUTHORIZATION VOLUNTARY. The making of an
22-18 authorization for a deduction under this subchapter by the employee
22-19 is voluntary.
22-20 Sec. 659.108. WITHHOLDING OF ADMINISTRATIVE FEE. (a) The
22-21 state may withhold from the employee's salary or wage payment an
22-22 administrative fee for making a deduction under this subchapter.
22-23 (b) An institution of higher education that is authorized to
22-24 operate a payroll system reimbursable from the state treasury may
22-25 withhold from the employee's salary or wage payment an
22-26 administrative fee for making the deduction under this subchapter.
22-27 (c) The administrative fee may not exceed the lower of the
23-1 actual administrative cost of making the deduction or the highest
23-2 fee charged by the state or institution, as appropriate, for making
23-3 another similar deduction.
23-4 (d) Notwithstanding Subsection (c), the administrative fee
23-5 withheld by the state or an institution of higher education from an
23-6 employee's salary or wage payment for making a deduction under
23-7 Section 659.103 may not exceed 25 cents for each payment made to
23-8 each credit union account of the employee.
23-9 Sec. 659.109. ALLOCATION AND APPROPRIATION OF ADMINISTRATIVE
23-10 FEES. (a) The state shall allocate and pay to each state agency
23-11 that incurs costs in administering this subchapter the agency's
23-12 proportional amount of the administrative fees collected by the
23-13 state under this subchapter.
23-14 (b) An administrative fee withheld under this subchapter may
23-15 be used by the comptroller and the state agencies incurring costs
23-16 in administering this subchapter.
23-17 Sec. 659.110. RULES. The comptroller may adopt rules to
23-18 administer the credit union deduction program authorized by this
23-19 subchapter.
23-20 SECTION 28. Section 659.062, Government Code, is amended by
23-21 adding Subsection (e) to read as follows:
23-22 (e) The comptroller may establish procedures and adopt rules
23-23 to administer this section.
23-24 SECTION 29. Subchapter B, Chapter 661, Government Code, is
23-25 amended by adding Section 661.038 to read as follows:
23-26 Sec. 661.038. RULES. The comptroller may establish
23-27 procedures and adopt rules to administer this subchapter.
24-1 SECTION 30. Subchapter C, Chapter 661, Government Code, is
24-2 amended by adding Section 661.068 to read as follows:
24-3 Sec. 661.068. RULES. The comptroller may establish
24-4 procedures and adopt rules to administer this subchapter.
24-5 SECTION 31. Subchapter D, Chapter 661, Government Code, is
24-6 amended by adding Section 661.094 to read as follows:
24-7 Sec. 661.094. RULES. The comptroller may establish
24-8 procedures and adopt rules to administer this subchapter.
24-9 SECTION 32. Subchapter A, Chapter 662, Government Code, is
24-10 amended by adding Section 662.012 to read as follows:
24-11 Sec. 662.012. RULES. The comptroller may establish
24-12 procedures and adopt rules to administer Sections 662.001 through
24-13 662.010.
24-14 SECTION 33. Section 24.006, Government Code, is amended to
24-15 read as follows:
24-16 Sec. 24.006. Salary of Special Judge. (a) In this 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) This section applies to payment of salary to:
24-24 (1) a special judge commissioned by the governor as
24-25 provided by Article V, Section 11, of the Texas Constitution; and
24-26 (2) a special judge agreed on by the parties as
24-27 provided by Section 24.004.
25-1 (c) <(b)> Each special judge is entitled to receive for each
25-2 day served as a special judge the same daily salary that a district
25-3 judge receives.
25-4 (d) <(c)> A special judge commissioned by the governor is
25-5 also entitled to receive the same daily salary that a district
25-6 judge receives for each day necessary for the special judge to
25-7 travel to and from the court.
25-8 (e) If a special judge serves as a judge or is traveling to
25-9 or from the court for only part of a day, the judge is considered
25-10 for the purposes of this section to have served or traveled for the
25-11 entire day.
25-12 (f) A special judge who serves before or after a holiday but
25-13 who does not work on the holiday is entitled to receive a salary
25-14 for the holiday if the judge would be entitled to be paid for the
25-15 holiday under Subchapter A, Chapter 662, if the judge were a state
25-16 employee under that subchapter.
25-17 (g) For the purpose of computing the daily salary of a
25-18 special judge, the <(d) The> daily salary of a district judge is
25-19 determined by:
25-20 (1) dividing the annual salary of a district judge by
25-21 12 months; and
25-22 (2) dividing the monthly salary computed under
25-23 Subdivision (1) by the number of workdays in the month in which the
25-24 special judge serves as a judge or travels to or from the court
25-25 <365>.
25-26 (h) Before the comptroller may pay the salary of <(e) In
25-27 order to obtain his salary,> a special judge commissioned by the
26-1 governor, the special judge must present the judge's <his> sworn
26-2 account to the comptroller showing the number of travel days that
26-3 were necessary. The judge must also give the comptroller evidence
26-4 that the judge was duly commissioned. The account must be
26-5 certified as correct by the judge of the district or by the court
26-6 clerk of the court in which the special judge <he> served.
26-7 (i) <(f)> A special judge agreed on by the parties or
26-8 elected by the practicing lawyers shall be paid on presenting to
26-9 the comptroller the certificate of the clerk of the court in which
26-10 the judge <he> served and the judge's sworn account. The clerk's
26-11 certificate must show the record of the judge's election or
26-12 appointment and must show that the judge performed services in the
26-13 court. The judge's sworn account must show the number of days that
26-14 the judge <he> served as the special judge.
26-15 SECTION 34. Section 32.302, Government Code, is amended to
26-16 read as follows:
26-17 Sec. 32.302. Salary of Special Judges. (a) In this
26-18 section:
26-19 (1) "Holiday" means a state or national holiday as
26-20 defined by Section 662.003 that does not fall on a Saturday or
26-21 Sunday and that the General Appropriations Act does not prohibit
26-22 state agencies from observing.
26-23 (2) "Workday" means any day other than Saturday or
26-24 Sunday. The term includes a holiday.
26-25 (b) The salary of a special judge commissioned by the
26-26 governor under Article V, Section 11, of the Texas Constitution or
26-27 elected by practicing lawyers or agreed on by parties as provided
27-1 by law is determined and paid in accordance with this section.
27-2 (c) <(b)> The special judge is entitled to the same salary
27-3 as a district judge for every day the special judge performs the
27-4 duties of judge. In addition, a special judge commissioned by the
27-5 governor is entitled to the same pay as a district judge for each
27-6 day the special judge is necessarily occupied going to and
27-7 returning from the place the judge is required to hold court.
27-8 (d) If a special judge serves as a judge or is traveling to
27-9 or returning from the place the judge is required to hold court for
27-10 only part of a day, the judge is considered for the purposes of
27-11 this section to have served, traveled, or returned for the entire
27-12 day.
27-13 (e) A special judge who serves before or after a holiday but
27-14 who does not work on the holiday is entitled to receive a salary
27-15 for the holiday if the judge would be entitled to be paid for the
27-16 holiday under Subchapter A, Chapter 662, if the judge were a state
27-17 employee under that subchapter.
27-18 (f) For the purpose of computing the daily salary of a
27-19 <(c) The amount of the> special judge, the <judge's> daily salary
27-20 of a district judge is determined by:
27-21 (1) dividing the annual salary of a district judge by
27-22 12 months; and
27-23 (2) dividing the monthly salary computed under
27-24 Subdivision (1) by the number of workdays in the month in which the
27-25 special judge serves as a judge or travels to or returns from the
27-26 place the judge is required to hold court <365>.
27-27 (g) <(d)> A special judge commissioned by the governor must
28-1 present a sworn account to the comptroller of public accounts. The
28-2 account must show the number of days necessarily occupied in going
28-3 to and coming from the place the special judge was required to hold
28-4 court and must be accompanied by evidence that the special judge
28-5 was properly commissioned. The account must be certified to be
28-6 correct by the judge or clerk of the judicial district in which the
28-7 special judge performed services.
28-8 (h) <(e)> A special judge elected by practicing lawyers or
28-9 agreed to by parties must present to the comptroller of public
28-10 accounts a certificate of the clerk of the judicial district in
28-11 which the special judge performed services showing the record of
28-12 the election or appointment and the services rendered. The
28-13 certificate must be accompanied by the sworn account of the special
28-14 judge showing the number of days actually served as judge.
28-15 SECTION 35. Section 74.061, Government Code, is amended to
28-16 read as follows:
28-17 Sec. 74.061. Compensation While Assigned. (a) In this
28-18 section:
28-19 (1) "Holiday" means a state or national holiday as
28-20 defined by Section 662.003 that does not fall on a Saturday or
28-21 Sunday and that the General Appropriations Act does not prohibit
28-22 state agencies from observing.
28-23 (2) "Workday" means any day other than Saturday or
28-24 Sunday. The term includes a holiday.
28-25 (b) The salary, compensation, and expenses of a judge or
28-26 justice while assigned under this chapter shall be paid in
28-27 accordance with this chapter and other law of this state.
29-1 (c) <(b)> While serving in a county outside the judge's
29-2 <his> judicial district or county, a judge is entitled to receive,
29-3 in addition to the judge's <his> necessary expenses, additional
29-4 compensation from the county to which the judge <he> is assigned in
29-5 an amount not to exceed the difference between the compensation of
29-6 the assigned judge from all sources, exclusive of the per diem
29-7 provided by Subsection (o) <(f)>, and the compensation received
29-8 from all sources by the judge of the court to which the judge <he>
29-9 is assigned. The county shall pay the compensation provided by
29-10 this subsection on approval of the presiding judge of the
29-11 administrative region in which the court to which the judge is
29-12 assigned is located.
29-13 (d) <(c)> The salary of a retired judge or justice while
29-14 assigned under this chapter shall be paid out of money appropriated
29-15 from the general revenue fund for that purpose <in an amount equal
29-16 to the compensation received from state and county sources of the
29-17 judge of the court to which he is assigned>.
29-18 (e) For each day that <The salary of> a retired judge or
29-19 justice serves on assignment, the judge or justice is entitled to a
29-20 salary in an amount equal to the daily salary paid from state and
29-21 county sources to the judge of the court to which the retired judge
29-22 or justice is <while> assigned <shall be determined pro rata for
29-23 the period of time that the judge or justice actually sits as the
29-24 assigned judge>. Notwithstanding anything in this section, the
29-25 salary paid to a retired judge or justice during a calendar month
29-26 may not exceed the salary paid for that month to the judge of the
29-27 court to which the retired judge or justice is assigned.
30-1 (f) If a retired judge or justice sits on assignment for
30-2 only part of a day, then the judge or justice is considered for the
30-3 purposes of this section to have sat on assignment for the entire
30-4 day.
30-5 (g) A retired judge or justice who sits on assignment before
30-6 or after a holiday but who does not work on the holiday is entitled
30-7 to receive a salary for the holiday if the judge or justice would
30-8 be entitled to be paid for the holiday under Subchapter A, Chapter
30-9 662, if the judge or justice were a state employee under that
30-10 subchapter. This subsection applies even if the judge or justice
30-11 sits in an administrative region after a holiday that is different
30-12 from the region in which the judge or justice sat before the
30-13 holiday.
30-14 (h) For the purpose of computing the daily salary of a
30-15 retired judge or justice, the daily salary of a district judge is
30-16 determined by:
30-17 (1) dividing the annual salary of the district judge
30-18 by 12 months; and
30-19 (2) dividing the monthly salary computed under
30-20 Subdivision (1) by the number of workdays in the month in which the
30-21 retired judge or justice sits on assignment.
30-22 (i) <(d)> For each day that <services actually performed
30-23 while assigned under this chapter,> a former judge or justice
30-24 serves on assignment, the judge or justice is entitled to a salary
30-25 in an amount equal to the daily salary paid <shall receive> from
30-26 state and county sources to <funds and money appropriated by the
30-27 legislature the same amount of salary, compensation, and expenses
31-1 that> the regular judge of the court to which the former judge or
31-2 justice is assigned <is entitled to receive from the county and
31-3 from the state for those services>. Notwithstanding anything in
31-4 this section, the salary paid to a former judge or justice during a
31-5 calendar month may not exceed the salary paid for that month to the
31-6 regular judge of the court to which the former judge or justice is
31-7 assigned.
31-8 (j) The state's share of a former judge or justice's salary
31-9 is the same as the state's share of the regular judge's salary.
31-10 The county's share of the former judge or justice's salary is the
31-11 same as the county's share of the regular judge's salary. The
31-12 presiding judge of the administrative region to which the former
31-13 judge or justice is assigned shall certify to the county and the
31-14 state the services rendered under this chapter by the <a> former
31-15 judge or justice and the share to be paid by the state. The amount
31-16 certified by the presiding judge as the state's share shall be paid
31-17 from an item in the Judiciary <Judicial> Section--Comptroller's
31-18 Department of the General Appropriations Act for the payment of
31-19 salaries of district and criminal district judges.
31-20 (k) If a former judge or justice sits on assignment for only
31-21 part of a day, the judge or justice is considered for the purposes
31-22 of this section to have sat on assignment for the entire day.
31-23 (l) A former judge or justice who sits on assignment before
31-24 or after a holiday but who does not work on the holiday is entitled
31-25 to receive a salary for the holiday if the judge or justice would
31-26 be entitled to be paid for the holiday under Subchapter A, Chapter
31-27 662, if the judge or justice were a state employee under that
32-1 subchapter. This subsection applies even if the judge or justice
32-2 sits in an administrative region after a holiday that is different
32-3 from the region in which the judge or justice sat before the
32-4 holiday.
32-5 (m) For the purpose of computing the daily salary of a
32-6 former judge or justice, the daily salary of a district judge is
32-7 determined by:
32-8 (1) dividing the annual salary of the district judge
32-9 by 12 months; and
32-10 (2) dividing the monthly salary computed under
32-11 Subdivision (1) by the number of workdays in the month in which the
32-12 former judge or justice sits on assignment.
32-13 (n) <(e)> When a district, constitutional county, or
32-14 statutory county court judge is assigned under this chapter to a
32-15 court outside the judge's <his> own district or county, the judge,
32-16 in addition to all other compensation authorized by law, is
32-17 entitled to receive the judge's <his> actual expenses in going to
32-18 and returning from the judge's <his> assignment and the judge's
32-19 <his> actual living expenses while in the performance of the
32-20 judge's <his> duties under the assignment. The county in which the
32-21 duties are performed shall pay the expenses out of the general fund
32-22 of the county on accounts certified and approved by the presiding
32-23 judge of the administrative region for that county.
32-24 (o) <(f)> When a district, constitutional county, or
32-25 statutory county court judge is assigned under this chapter to a
32-26 court outside the judge's <his> own district or county, the judge,
32-27 in addition to all other compensation and expenses authorized by
33-1 law, is entitled to receive a per diem of $25 for each day or
33-2 fraction of a day that the judge spends outside the judge's <his>
33-3 district or county in the performance of the judge's <his> duties
33-4 under the assignment. The state shall pay the per diem in the same
33-5 manner that it pays the judge's salary on certificates of approval
33-6 by the chief justice or the presiding judge of the administrative
33-7 region in which the judge resides.
33-8 (p) <(g)> An active court of appeals justice assigned under
33-9 this subchapter is not entitled to receive any additional
33-10 compensation for serving as a visiting judge. If the justice is
33-11 assigned to a court outside the justice's <his> own court of
33-12 appeals district, the justice is entitled to receive actual
33-13 expenses in going to and returning from assignment and actual
33-14 living expenses while in the performance of duties under the
33-15 assignment. The county in which the duties are performed shall pay
33-16 the expenses out of the county's general fund on accounts certified
33-17 and approved by the presiding judge of the administrative region
33-18 for that county.
33-19 SECTION 36. Subchapter B, Chapter 659, Government Code, is
33-20 amended by adding Section 659.0121 to read as follows:
33-21 Sec. 659.0121. COMPUTATION OF DISTRICT JUDGE'S SALARY.
33-22 (a) In this section:
33-23 (1) "Holiday" means a state or national holiday as
33-24 defined by Section 662.003 that does not fall on a Saturday or
33-25 Sunday and that the General Appropriations Act does not prohibit
33-26 state agencies from observing.
33-27 (2) "Workday" means any day other than Saturday or
34-1 Sunday. The term includes a holiday.
34-2 (b) This section applies to the salary that the judge of a
34-3 district court earns during a calendar month if the judge serves
34-4 for less than the entire month.
34-5 (c) The judge's salary for the month is equal to the number
34-6 of hours served multiplied by the amount of the judge's salary,
34-7 expressed as an hourly rate.
34-8 (d) The hourly rate of the judge's salary is determined by
34-9 dividing the judge's annual salary by the product of:
34-10 (1) 96; and
34-11 (2) the number of workdays in the month.
34-12 (e) The judge receives eight hours of service credit for
34-13 each complete workday served, regardless of the number of hours
34-14 actually served during that workday. If the judge serves at least
34-15 eight hours on a workday, the judge receives eight hours of service
34-16 credit for that workday even if the judge's successor begins
34-17 service on the same workday. The successor receives no hours of
34-18 service credit for that workday.
34-19 (f) The judge receives eight hours of service credit for a
34-20 holiday if the judge would be entitled to be paid for the holiday
34-21 under Subchapter A, Chapter 662, if the judge were a state employee
34-22 under that subchapter. The judge receives the credit even if the
34-23 judge does not serve on the holiday.
34-24 SECTION 37. Subdivisions (1) and (3), Section 661.061,
34-25 Government Code, are amended to read as follows:
34-26 (1) "National holiday" includes only those days listed
34-27 under Section 662.003(a). The term does not include a national
35-1 holiday on which a state employee is not entitled to a paid day off
35-2 from work under Section 662.005.
35-3 (3) "State holiday" includes only those days listed
35-4 under Section 662.003(b). The term does not include a state
35-5 holiday on which a state employee is not entitled to a paid day off
35-6 from work under Section 662.005.
35-7 SECTION 38. Subsection (b), Section 661.062, Government
35-8 Code, is amended to read as follows:
35-9 (b) A separation from state employment includes a separation
35-10 in which the employee:
35-11 (1) leaves one state agency to begin working for
35-12 another state agency, if one or more workdays occur between the two
35-13 employments;
35-14 (2) moves from a position in a state agency that
35-15 accrues vacation time to a position in that agency that does not
35-16 accrue vacation time, if the agency agrees to pay the employee for
35-17 the accrued balance of the employee's vacation time;
35-18 (3) moves from a position in a state agency that
35-19 accrues vacation time to a position in another state agency that
35-20 does not accrue vacation time, if the other state agency refuses to
35-21 credit the employee for the balance of the employee's vacation time
35-22 as of the date of the move; <or>
35-23 (4) moves from a position in a state agency that does
35-24 not accrue vacation time to a position in another state agency that
35-25 does not accrue vacation time, if the other state agency is not
35-26 authorized or refuses to credit the employee for the balance of the
35-27 employee's vacation time as of the date of the move; or
36-1 (5) holds two or more positions, and separates from
36-2 one that accrues vacation time.
36-3 SECTION 39. Section 661.063, Government Code, is amended to
36-4 read as follows:
36-5 Sec. 661.063. Computation of Payment. (a) Except as
36-6 provided by Subsection (b), the <The> payment to a state employee
36-7 under this subchapter shall be computed by multiplying the
36-8 employee's rate of compensation on the date of separation from
36-9 state employment by the total number of hours of vacation time
36-10 determined under Section 661.064.
36-11 (b) The payment under this subchapter to a state employee
36-12 who separates from state employment while holding a position that
36-13 does not accrue vacation time shall be computed according to this
36-14 subsection. The employee's final rate of compensation in the last
36-15 position held that accrues vacation time shall be multiplied by the
36-16 employee's total number of hours of vacation time determined under
36-17 Section 661.064.
36-18 (c) Under this section, rate of compensation:
36-19 (1) includes an emolument in lieu of base pay for
36-20 which the state employee was eligible <on the last day of
36-21 employment>; and
36-22 (2) does not include longevity or hazardous duty pay.
36-23 SECTION 40. Section 661.064, Government Code, is amended by
36-24 amending Subsection (a) and adding Subsection (c) to read as
36-25 follows:
36-26 (a) This subsection applies except as provided by Subsection
36-27 (c). For a state employee who on the date of separation is
37-1 normally scheduled to work at least 40 hours a week, eight hours
37-2 are to be added to the employee's accrued vacation time for each
37-3 state or national holiday that is scheduled to fall within the
37-4 period after the date of separation and during which the employee
37-5 could have used the time. To determine the period during which
37-6 vacation time could have been used and the number of state or
37-7 national holidays, the employee's vacation time is allocated over
37-8 the workdays after the employee's separation and eight hours are
37-9 added as a state or national holiday occurs during the period.
37-10 (c) This subsection applies only to a state employee who is
37-11 paid under this subchapter because the separation from state
37-12 employment involves a move to a position in a state agency that
37-13 does not accrue vacation time. No hours may be added to the
37-14 employee's accrued vacation time for a state or national holiday
37-15 that is scheduled to fall within the period after the date of
37-16 separation and during which the employee could have used the time.
37-17 SECTION 41. Subchapter A, Chapter 662, Government Code, is
37-18 amended by adding Section 662.0071 to read as follows:
37-19 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
37-20 (a) A state agency shall accept the balance of compensatory time
37-21 accrued under Section 662.007 by a state employee who transfers to
37-22 that agency from another state agency if the employee transfers as
37-23 a direct result of:
37-24 (1) the legislature's transfer of legal authority or
37-25 duties from the agency that formerly employed the employee to the
37-26 agency that now employs the employee; or
37-27 (2) a requirement of the State Council on Competitive
38-1 Government for the agency that formerly employed the employee to
38-2 bid a commercially available service that the agency previously
38-3 performed.
38-4 (b) Subsection (a) does not apply if the transferring state
38-5 employee is required to apply for the new position.
38-6 (c) In this section, "bid" means any process developed by
38-7 the State Council on Competitive Government to provide a
38-8 commercially available service in competition with private
38-9 commercial sources or state agency providers.
38-10 SECTION 42. Subsection (f), Section 403.016, Government
38-11 Code, is amended to read as follows:
38-12 (f)(1) Subject to Subdivision (2) <Except as provided by
38-13 Subsection (e)>, the comptroller may use the electronic funds
38-14 transfer system to pay a person only if the payment is deposited
38-15 <deposit payments only> to one or more of the person's accounts <a
38-16 payee's account> at one or more <a> financial institutions
38-17 <institution>. This authorization is subject to any limitation
38-18 adopted by the comptroller by rule, by an automated clearinghouse,
38-19 or by the federal government. In this subdivision, "financial
38-20 institution" includes a credit union.
38-21 (2) In addition to Subdivision (1), the comptroller
38-22 may use the electronic funds transfer system to deposit part of an
38-23 employee's net state salary in the employee's account at a credit
38-24 union in accordance with, at the comptroller's discretion, this
38-25 section or Subchapter G, Chapter 659. To the extent a state agency
38-26 is capable of supporting deposits to the credit union accounts of
38-27 its employees in accordance with this section, the comptroller
39-1 shall encourage deposits to those accounts in accordance with this
39-2 section instead of Subchapter G, Chapter 659.
39-3 (3) A single electronic funds transfer may contain
39-4 payments to multiple payees. Individual transfers or warrants are
39-5 not required for each payee.
39-6 SECTION 43. Subtitle C, Title 8, Government Code, is amended
39-7 by adding Chapter 826 to read as follows:
39-8 CHAPTER 826. RETIREMENT INCENTIVES OF MEDICAL AND DENTAL UNITS
39-9 Sec. 826.001. RETIREMENT INCENTIVES. (a) A medical and
39-10 dental unit may offer retirement incentives to employees of the
39-11 unit who are eligible to retire under this subtitle.
39-12 (b) A medical and dental unit offering retirement incentives
39-13 shall provide the Legislative Budget Board with such information
39-14 concerning the incentives as may be required by the board and shall
39-15 file any incentives plan with the board at least 60 days before the
39-16 date the plan is implemented.
39-17 (c) An employee receiving retirement incentives under this
39-18 section may not be rehired by a medical and dental unit without the
39-19 specific approval of the president of the unit. The president may
39-20 not delegate this responsibility to any other employee of the unit.
39-21 (d) Any retirement incentive offered by a medical and dental
39-22 unit must be paid from institutional funds or hospital or clinic
39-23 fees.
39-24 (e) A retirement incentive paid by a medical and dental unit
39-25 to a person is not subject to any provision of state law that
39-26 entitles a person to any benefits based on salary or compensation,
39-27 including but not limited to contributions provided for in this
40-1 subtitle.
40-2 (f) In this section:
40-3 (1) "Institutional funds" has the meaning assigned by
40-4 Section 51.009, Education Code.
40-5 (2) "Medical and dental unit" has the meaning assigned
40-6 by Section 61.003, Education Code, and includes any health care
40-7 facility operated by a medical and dental unit or health science
40-8 center.
40-9 (g) A retirement incentive provided under this section may
40-10 not be considered a part of any retirement plan or program
40-11 administered by the retirement system.
40-12 SECTION 44. Section 830.201, Government Code, is amended by
40-13 adding Subsections (d) and (e) to read as follows:
40-14 (d) For a person who first became a participant in the
40-15 optional retirement program beginning after August 31, 1996, the
40-16 compensation limitation of Section 401(a)(17), Internal Revenue
40-17 Code of 1986 (26 U.S.C. Section 401), applies.
40-18 (e) For a person who first became a participant in the
40-19 optional retirement program before September 1, 1996, the
40-20 compensation limitation under Section 401(a)(17), Internal Revenue
40-21 Code (26 U.S.C. Section 401), does not apply. For these persons,
40-22 the amount of compensation allowed to be taken into account under
40-23 the plan shall be the amount allowed to be taken into account as of
40-24 July 1, 1993.
40-25 SECTION 45. The following laws are repealed:
40-26 (1) Subsection (j), Section 403.0165, Government Code;
40-27 (2) Section 1, Chapter 922, Acts of the 73rd
41-1 Legislature, 1993; and
41-2 (3) Section 403.005 and Subsection (e), Section
41-3 403.016, Government Code.
41-4 SECTION 46. This Act takes effect immediately, except:
41-5 (1) Sections 1 through 8, 10, 33 through 41, 47, and
41-6 48, which take effect September 1, 1995;
41-7 (2) Sections 18, 19, and 20, which take effect
41-8 September 1, 1995, if this Act does not receive the votes required
41-9 by Section 39, Article III, Texas Constitution, for immediate
41-10 effect.
41-11 SECTION 47. The changes in law made by Sections 33, 34, 35,
41-12 and 36 of this Act do not apply to salary or compensation earned by
41-13 a special judge, by a retired or former judge or justice, or by a
41-14 judge of a district court before the effective date of this Act.
41-15 That salary and compensation are governed by the law in effect at
41-16 the time they were earned, and that law is continued in effect for
41-17 that purpose.
41-18 SECTION 48. The changes in law made by Sections 38 and 39 of
41-19 this Act do not apply to a separation from state employment that
41-20 occurs before the effective date of this Act. That separation is
41-21 governed by the law in effect at the time of the separation, and
41-22 the former law is continued in effect for that purpose.
41-23 SECTION 49. The importance of this legislation and the
41-24 crowded condition of the calendars in both houses create an
41-25 emergency and an imperative public necessity that the
41-26 constitutional rule requiring bills to be read on three several
41-27 days in each house be suspended, and this rule is hereby suspended,
42-1 and that this Act take effect and be in force according to its
42-2 terms, and it is so enacted.