By Armbrister S.B. No. 670
74R2417 GCH-F
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 and
1-4 employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 659.083(c), Government Code, is amended
1-7 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. Sections 2254.025(a), (b), and (e), Government
3-5 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. Section 2254.028(a), Government Code, is amended
4-18 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. Sections 2254.036(a) and (b), Government Code,
6-14 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. Section 481.0841(d)(2), Government Code, is
7-20 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. Section 57.48(e), Education Code, is amended to
7-27 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. Section 57.48(f)(4), Education Code, is amended
8-7 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. Section 403.055(c), Government Code, is amended
8-14 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. Section 403.055(e)(4), Government Code, is
8-21 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. Section 481.0841(c), Government Code, is amended
9-1 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. Section 481.0841(d)(4), Government Code, is
9-9 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 an equivalent number of state
12-6 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. Section 662.007(a), Government Code, is amended
12-13 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. Sections 403.0165(h) and (i), Government Code,
13-20 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. <The comptroller shall allocate the
14-5 administrative fees on a proportional basis to each employing state
14-6 agency that incurs costs 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 <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. Section 13(d), Article 6813h, Revised Statutes,
18-8 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 may include
19-18 permanent life insurance, catastrophic illness insurance,
19-19 disability insurance, or prepaid legal services.
19-20 Sec. 659.103. DEDUCTION TO CREDIT UNION. (a) An employee
19-21 of a state agency may authorize in writing a deduction each pay
19-22 period from the employee's salary or wage payment for payment to a
19-23 credit union to be credited to a share or deposit account of the
19-24 employee.
19-25 (b) A designation by the Employees Retirement System of
19-26 Texas is not necessary for a deduction under this section.
19-27 Sec. 659.104. AUTHORIZATION. (a) An authorization for a
20-1 deduction under this subchapter must direct the comptroller or, if
20-2 applicable, the appropriate financial officer of an institution of
20-3 higher education to transfer the withheld funds to the program or
20-4 credit union designated by the employee.
20-5 (b) The comptroller or financial officer shall comply with
20-6 the direction.
20-7 Sec. 659.105. FORM AND MANNER. A deduction under this
20-8 subchapter must be made in a form and manner prescribed by the
20-9 comptroller or the appropriate financial officer of an institution
20-10 of higher education.
20-11 Sec. 659.106. DURATION. (a) An employee authorizing a
20-12 deduction under this subchapter or a person designated by the
20-13 employee may change or revoke the authorization by delivering
20-14 written notice of the change or revocation to the comptroller or
20-15 the appropriate financial officer of an institution of higher
20-16 education.
20-17 (b) An authorization is effective until the comptroller or
20-18 financial officer receives the notice.
20-19 (c) The notice must be given in the form and manner
20-20 prescribed by the comptroller or financial officer.
20-21 Sec. 659.107. AUTHORIZATION VOLUNTARY. The making of an
20-22 authorization for a deduction under this subchapter by the employee
20-23 is voluntary.
20-24 Sec. 659.108. WITHHOLDING OF ADMINISTRATIVE FEE. (a) The
20-25 state may withhold from the employee's salary or wage payment an
20-26 administrative fee for making a deduction under this subchapter.
20-27 (b) An institution of higher education that is authorized to
21-1 operate a payroll system reimbursable from the state treasury may
21-2 withhold from the employee's salary or wage payment an
21-3 administrative fee for making the deduction under this subchapter.
21-4 (c) The administrative fee may not exceed the lower of the
21-5 actual administrative cost of making the deduction or the highest
21-6 fee charged by the state or institution, as appropriate, for making
21-7 another similar deduction.
21-8 Sec. 659.109. ALLOCATION AND APPROPRIATION OF ADMINISTRATIVE
21-9 FEES. (a) The state shall allocate and pay to each state agency
21-10 that incurs costs in administering this subchapter the agency's
21-11 proportional amount of the administrative fees collected by the
21-12 state under this subchapter.
21-13 (b) An administrative fee withheld under this subchapter may
21-14 be used, without further appropriation, by the comptroller and the
21-15 state agencies incurring costs in administering this subchapter.
21-16 Sec. 659.110. RULES. The comptroller may adopt rules to
21-17 administer the credit union deduction program authorized by this
21-18 subchapter.
21-19 SECTION 28. Section 659.062, Government Code, is amended by
21-20 adding Subsection (e) to read as follows:
21-21 (e) The comptroller may establish procedures and adopt rules
21-22 to administer this section.
21-23 SECTION 29. Subchapter B, Chapter 661, Government Code, is
21-24 amended by adding Section 661.038 to read as follows:
21-25 Sec. 661.038. RULES. The comptroller may establish
21-26 procedures and adopt rules to administer this subchapter.
21-27 SECTION 30. Subchapter C, Chapter 661, Government Code, is
22-1 amended by adding Section 661.068 to read as follows:
22-2 Sec. 661.068. RULES. The comptroller may establish
22-3 procedures and adopt rules to administer this subchapter.
22-4 SECTION 31. Subchapter D, Chapter 661, Government Code, is
22-5 amended by adding Section 661.094 to read as follows:
22-6 Sec. 661.094. RULES. The comptroller may establish
22-7 procedures and adopt rules to administer this subchapter.
22-8 SECTION 32. Subchapter A, Chapter 662, Government Code, is
22-9 amended by adding Section 662.012 to read as follows:
22-10 Sec. 662.012. RULES. The comptroller may establish
22-11 procedures and adopt rules to administer Sections 662.001-662.010.
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. (a)
31-20 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. Sections 661.061(1) and (3), Government Code,
32-23 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. Section 661.062(b), Government Code, is amended
33-6 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;
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) <(4)> holds two or more positions, and separates
33-27 from 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. (a)
35-18 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. The following laws are repealed:
36-9 (1) Section 403.0165(j), Government Code; and
36-10 (2) Section 1, Chapter 922, Acts of the 73rd
36-11 Legislature, Regular Session, 1993.
36-12 SECTION 43. This Act takes effect immediately, except:
36-13 (1) Sections 1-8, 10, 33-41, 44, and 45, which take
36-14 effect September 1, 1995; and
36-15 (2) Sections 18-20, which take effect September 1,
36-16 1995, if this Act does not receive the votes required by Section
36-17 39, Article III, Texas Constitution, for immediate effect.
36-18 SECTION 44. The changes in law made by Sections 33-36 of
36-19 this Act do not apply to salary or compensation earned by a special
36-20 judge, by a retired or former judge or justice, or by a judge of a
36-21 district court before the effective date of this Act. That salary
36-22 and compensation are governed by the law in effect at the time they
36-23 were earned, and that law is continued in effect for that purpose.
36-24 SECTION 45. The changes in law made by Sections 38 and 39 of
36-25 this Act do not apply to a separation from state employment that
36-26 occurs before the effective date of this Act. That separation is
36-27 governed by the law in effect at the time of the separation, and
37-1 the former law is continued in effect for that purpose.
37-2 SECTION 46. The importance of this legislation and the
37-3 crowded condition of the calendars in both houses create an
37-4 emergency and an imperative public necessity that the
37-5 constitutional rule requiring bills to be read on three several
37-6 days in each house be suspended, and this rule is hereby suspended,
37-7 and that this Act take effect and be in force according to its
37-8 terms, and it is so enacted.