By: Armbrister S.B. No. 671
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the travel expenses incurred by state officers and
1-2 employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 660.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 660.002. DEFINITIONS. In this chapter:
1-7 (1) "Appropriated funds" means funds appropriated
1-8 under the General Appropriations Act.
1-9 (2) "Board" means a governing body, commission,
1-10 committee, council, or similar entity comprising at least two
1-11 members that is in the executive, legislative, or judicial branch
1-12 of state government.
1-13 (3) "Cancellation charge" means a fee, charge, or
1-14 payment that a provider of travel services assesses or retains
1-15 because of the cancellation of a travel reservation or other travel
1-16 plan.
1-17 (4) "Chief administrator of a state agency" means:
1-18 (A) an elected state official, excluding a
1-19 member of the legislature;
1-20 (B) an appointed state official, including an
1-21 individual <official> whose appointment as a state official has not
1-22 yet been confirmed by the <is subject to> senate <confirmation>;
1-23 (C) the director of a legislative interim
2-1 committee or board;
2-2 (D) the chief administrator of a state hospital
2-3 or special school; <and>
2-4 (E) the chief administrator of an <a state>
2-5 institution of higher education;
2-6 (F) a first assistant, chief deputy, chief
2-7 clerk, or similar individual employed by a state agency who is
2-8 specifically authorized by law to act for the individual's
2-9 superior; or
2-10 (G) the individual who has the daily
2-11 responsibility for managing the operations of a state agency that
2-12 is governed by a part-time board.
2-13 (5) "Commercial lodging establishment" means:
2-14 (A) a motel, hotel, inn, apartment, or similar
2-15 establishment that provides lodging to the public for pay; or
2-16 (B) a person or establishment that provides
2-17 lodging for pay that the comptroller determines to have a
2-18 sufficient number of the characteristics of a commercial lodging
2-19 establishment for purposes of this chapter.
2-20 (6) "Commercial transportation company" means a person
2-21 that offers to the public to transport people or goods for pay.
2-22 (7) "Disability" means a physical or mental impairment
2-23 of an individual that substantially limits at least one of the
2-24 individual's major life activities.
2-25 (8) "Duty point" means the destination, other than a
3-1 place of employment, to which a state employee or a member of the
3-2 legislature travels to conduct official state business. If the
3-3 destination is outside the employee's or member's designated
3-4 headquarters, then the duty point is:
3-5 (A) the municipality in which the destination is
3-6 located; or
3-7 (B) the area within a five-mile radius of the
3-8 destination if the destination is located in an unincorporated
3-9 area.
3-10 (9) "Incidental expense" means an expense incurred
3-11 while traveling on official state business. The term includes a
3-12 mandatory insurance or service charge and an applicable tax except
3-13 a tax on meals. The term does not include:
3-14 (A) a meal, lodging, or transportation expense;
3-15 (B) a personal expense;
3-16 (C) an expense that a person would incur
3-17 regardless of whether the person were traveling on official state
3-18 business; or
3-19 (D) a tip or gratuity.
3-20 (10) "Institutional funds" means funds described as
3-21 institutional funds by Section 51.009, Education Code.
3-22 (11) "Institution of higher education" has the meaning
3-23 assigned by Section 61.003, Education Code.
3-24 (12) "Key official" means a chief administrator of a
3-25 state agency or a person holding a position that has been
4-1 designated as exempt from the position classification plan in
4-2 accordance with the General Appropriations Act or by the governor
4-3 under Chapter 654.
4-4 (13) "Lease" means a contract with a term of at least
4-5 one month that gives the lessee possession and use of property or
4-6 equipment while the lessor retains ownership of that property or
4-7 equipment.
4-8 (14) "Place of employment" means the office or other
4-9 location at which a state employee or a member of the legislature
4-10 most frequently conducts official state business.
4-11 (15) "Prospective state employee" means an individual
4-12 that a state agency considers for employment with the agency. The
4-13 term includes a state employee of a state agency who is considered
4-14 for employment by another state agency.
4-15 (16) "Rented or public conveyance" means a motor
4-16 vehicle, train, aircraft, boat, or bicycle that a state employee or
4-17 a member of the legislature rents or pays a fare to use on a
4-18 short-term basis.
4-19 (17) "State agency" means a unit of state government
4-20 that uses appropriated funds to pay or reimburse a travel expense
4-21 of a state employee or a member of the legislature. The term
4-22 includes the Teacher Retirement System of Texas and the Employees
4-23 Retirement System of Texas.
4-24 (18) "State employee" means a person employed by a
4-25 state agency. The term includes a key official unless this chapter
5-1 specifically provides otherwise.
5-2 (19) "Travel expense" means a meal, lodging,
5-3 transportation, or incidental expense.
5-4 (20) "Unit of state government" includes an
5-5 institution of higher education.
5-6 <(2) "Per diem allowance" means a flat daily rate that
5-7 is paid instead of actual expenses for meals and lodging and is
5-8 compensation for official travel purposes only.>
5-9 SECTION 2. Subchapter A, Chapter 660, Government Code, is
5-10 amended by adding Section 660.0021 to read as follows:
5-11 Sec. 660.0021. DESIGNATED HEADQUARTERS. (a) The designated
5-12 headquarters of a state employee or a member of the legislature is:
5-13 (1) the area within the boundaries of the municipality
5-14 in which the employee's or member's place of employment is located;
5-15 or
5-16 (2) the area within a five-mile radius of the place of
5-17 employment, if the place of employment is located within an
5-18 unincorporated area.
5-19 (b) If a municipality or an unincorporated area is
5-20 completely surrounded by the municipality in which the place of
5-21 employment of a state employee or a member of the legislature is
5-22 located, then the employee's or member's designated headquarters
5-23 includes the surrounded municipality or area.
5-24 SECTION 3. Section 660.003, Government Code, is amended to
5-25 read as follows:
6-1 Sec. 660.003. APPLICABILITY. (a) This chapter, the General
6-2 Appropriations Act, and the rules adopted by the comptroller under
6-3 this chapter govern the procedures, amounts, timing, limits,
6-4 required documentation, permissible payees, distinctions between
6-5 different types of state employees, and all other details
6-6 concerning travel expense payments or reimbursements by a state
6-7 agency.
6-8 (b) Except as provided by Subsections (c) and (d), this
6-9 chapter and the travel provisions of the General Appropriations Act
6-10 apply to a travel expense only to the extent that appropriated
6-11 funds are used to pay or reimburse the expense.
6-12 (c) This chapter and the travel provisions of the General
6-13 Appropriations Act apply to a travel expense paid or reimbursed by
6-14 the Employees Retirement System of Texas or the Teacher Retirement
6-15 System of Texas, regardless of whether the funds used to make the
6-16 payment or reimbursement are appropriated funds.
6-17 (d) A law outside this chapter that states that this
6-18 chapter, the travel provisions of the General Appropriations Act,
6-19 or both, apply to a travel expense prevails over anything to the
6-20 contrary in this chapter.
6-21 (e) A state agency may pay or reimburse a travel expense
6-22 only if <applies to>:
6-23 (1) the expense is reasonable and necessary <a state
6-24 officer>;
6-25 (2) the purpose of the travel clearly involves
7-1 official state business and is consistent with the agency's legal
7-2 authority <a chief administrator of a state agency>; and
7-3 (3) the expense and the travel during which the
7-4 expense is incurred comply with:
7-5 (A) this chapter;
7-6 (B) the rules adopted by the comptroller under
7-7 this chapter; and
7-8 (C) the General Appropriations Act <a state
7-9 employee; and>
7-10 <(4) a prospective state employee who incurs expenses
7-11 when requested to visit a state agency, department, or institution
7-12 of higher education for an employment interview and evaluation>.
7-13 (f) A travel expense may be paid or reimbursed in accordance
7-14 with the requirements of an applicable federal law or regulation,
7-15 and this chapter does not apply to the extent necessary to avoid
7-16 conflict with an applicable federal law or regulation.
7-17 SECTION 4. Section 660.004, Government Code, is amended to
7-18 read as follows:
7-19 Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED <INCURRED>
7-20 BY <OFFICIALS OR EMPLOYEES OF> INSTITUTIONS OF HIGHER EDUCATION.
7-21 (a) This chapter does not apply to a <reimbursement for> travel
7-22 expense_to the extent an institution of higher education pays or
7-23 reimburses the expense from institutional funds <expenses:>
7-24 <(1) incurred by an official or employee of the
7-25 athletic department of an institution of higher education;>
8-1 <(2) to an official or employee of an institution of
8-2 higher education from a gift or bequest; or>
8-3 <(3) of an official or employee of an institution of
8-4 higher education if the expenses are paid or reimbursed to the
8-5 institution under a contract between the institution and the
8-6 federal government or another contracting agency>.
8-7 (b) The governing board of an <each> institution of higher
8-8 education shall adopt <necessary> rules as necessary to administer
8-9 and control travel expense payments and reimbursements that are
8-10 exempt from this chapter under Subsection (a) <for the
8-11 administration and control of travel by an official or employee
8-12 exempted by this section>.
8-13 SECTION 5. Subchapter A, Chapter 660, Government Code, is
8-14 amended by adding Sections 660.006 through 660.013 to read as
8-15 follows:
8-16 Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
8-17 state agency that provides advance authorization to a prospective
8-18 state employee to visit the agency for an interview or other
8-19 employment evaluation may:
8-20 (1) reimburse the prospective state employee for a
8-21 travel expense incurred as a result of visiting the agency; or
8-22 (2) pay a vendor for a travel expense incurred by the
8-23 prospective state employee as a result of visiting the agency.
8-24 (b) A state agency shall treat a prospective state employee
8-25 as a state employee for the purposes of reimbursing or paying a
9-1 travel expense of the prospective state employee.
9-2 Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency
9-3 shall minimize the amount of travel expenses paid or reimbursed by
9-4 the agency. The agency shall ensure that each travel arrangement
9-5 is the most cost-effective considering all relevant circumstances.
9-6 (b) A state agency may specify a travel expense payment or
9-7 reimbursement rate that is less than the maximum rate specified in
9-8 this chapter or the General Appropriations Act. The lower rate
9-9 applies only to a travel expense incurred after the agency has
9-10 notified the affected individuals in writing about the rate. The
9-11 agency is solely responsible for enforcing the rate.
9-12 Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A
9-13 state agency may pay or reimburse a state employee for a travel
9-14 expense the employee incurs while using personal or compensatory
9-15 leave if:
9-16 (1) the leave is used while the employee is away from
9-17 the employee's designated headquarters;
9-18 (2) the primary purpose of the employee's being away
9-19 is to conduct official state business; and
9-20 (3) the agency determines that returning the employee
9-21 to the employee's designated headquarters while using the leave
9-22 would not be cost-effective or would be impracticable.
9-23 Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.
9-24 A state agency may pay or reimburse a state employee or a member of
9-25 the legislature for a travel expense the employee or member incurs
10-1 as a result of attempting to conduct official state business if:
10-2 (1) the employee or member is unable to conduct the
10-3 business because of a natural disaster or other natural occurrence;
10-4 and
10-5 (2) the expense would be payable or reimbursable had
10-6 the official state business been conducted.
10-7 Sec. 660.010. RETURNING TO A DESIGNATED HEADQUARTERS;
10-8 TRAVELING TO A DUTY POINT. (a) A state agency that requires a
10-9 state employee on personal or compensatory leave to return to the
10-10 employee's designated headquarters from another location may pay or
10-11 reimburse the employee for a travel expense incurred by the
10-12 employee while traveling to the headquarters. The agency may pay
10-13 or reimburse a travel expense incurred by the employee while
10-14 traveling back to the location at which the employee was staying
10-15 while on leave, or when appropriate, to the proper location on the
10-16 employee's itinerary, if the employee resumes the leave.
10-17 (b) A state agency that requires a state employee on
10-18 personal or compensatory leave at a location outside the employee's
10-19 designated headquarters to travel to a duty point may pay or
10-20 reimburse the employee for a travel expense incurred by the
10-21 employee while traveling to the duty point. The agency may pay or
10-22 reimburse a travel expense incurred by the employee while traveling
10-23 back to the location at which the employee was staying while on
10-24 leave, or when appropriate, to the proper location on the
10-25 employee's itinerary, if the employee resumes the leave.
11-1 (c) A state agency may pay or reimburse a state employee or
11-2 a member of the legislature for a travel expense incurred when the
11-3 employee or member returns, before official state business is
11-4 completed, from a duty point to the employee's or member's
11-5 designated headquarters because of an illness or personal
11-6 emergency.
11-7 Sec. 660.011. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER
11-8 AGENCIES. A state agency may pay or reimburse a travel expense
11-9 incurred by another state agency's employee if the employee
11-10 incurred the expense while providing services to the paying or
11-11 reimbursing agency.
11-12 Sec. 660.012. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL
11-13 AGENTS. (a) If a state agency may directly pay a commercial
11-14 lodging establishment or a commercial transportation company under
11-15 this chapter, then the agency may instead pay a credit card issuer
11-16 or a travel agency for the lodging or transportation.
11-17 (b) The documentation required for direct payment to a
11-18 commercial lodging establishment or commercial transportation
11-19 company is also required for payment to a credit card issuer or a
11-20 travel agency.
11-21 Sec. 660.013. CANCELLATION CHARGES. A state agency may pay
11-22 or reimburse a state employee or a member of the legislature for a
11-23 cancellation charge if:
11-24 (1) the charge is incurred for a reason related to
11-25 official state business or to official state business that could
12-1 not be conducted because of a natural disaster or other natural
12-2 occurrence; or
12-3 (2) the charge is:
12-4 (A) related to a transportation expense that was
12-5 paid in advance to obtain lower rates; and
12-6 (B) incurred because the employee or member who
12-7 was to use the transportation cannot do so because of an illness or
12-8 a personal emergency.
12-9 SECTION 6. Sections 660.047, 660.048, and 660.049,
12-10 Government Code, are transferred to Subchapter A, Chapter 660,
12-11 Government Code, redesignated as Sections 660.014, 660.015, and
12-12 660.016, Government Code, and amended to read as follows:
12-13 Sec. 660.014 <660.047>. PROHIBITION AGAINST ACCEPTING MONEY
12-14 OR TRAVEL EXPENSE REIMBURSEMENTS <APPLICABLE TO ACCEPTANCE OF
12-15 MONEY> FROM CERTAIN PERSONS. (a) Unless authorized by law, a <A>
12-16 state <officer or> employee or member of the legislature <who is
12-17 traveling to perform an official duty> may not accept money for
12-18 wages or for a travel expense reimbursement <expenses> from a
12-19 person that the state intends to audit, examine, or investigate or
12-20 <who> is auditing, examining, or investigating <or who may be
12-21 audited, examined, inspected, or investigated by the state>.
12-22 (b) A state <officer or> employee or member of the
12-23 legislature who violates Subsection (a) shall forfeit the money or
12-24 travel expense reimbursement to the state <is traveling to perform
12-25 an official duty may receive travel expenses only from amounts
13-1 appropriated by the General Appropriations Act>.
13-2 (c) Subsections (a) and (b) are in addition to any other
13-3 prohibitions, penalties, and forfeitures imposed or required by
13-4 other law <The comptroller may not pay the salary of a state
13-5 employee who violates this section>.
13-6 Sec. 660.015 <660.048>. EXCESS REIMBURSEMENTS <OVERPAYMENT>.
13-7 A state <officer or> employee or member of the legislature who
13-8 receives a reimbursement of <an overpayment for> a travel expense
13-9 that exceeds the amount the employee or member may receive under
13-10 this chapter or <from money appropriated by> the General
13-11 Appropriations Act shall immediately return the amount of the
13-12 excess <reimburse the state for the overpayment>.
13-13 Sec. 660.016 <660.049>. MULTIPLE ADVANCES OR REIMBURSEMENTS
13-14 FOR A <PROHIBITION APPLICABLE TO> TRAVEL EXPENSE <COMPENSATION BY
13-15 OTHER PERSONS>. <(a)> A state <officer or> employee or member of
13-16 the legislature may not accept a reimbursement or advance for a
13-17 travel expense from more than one source <receive a double travel
13-18 expense payment>.
13-19 <(b)> A state employee or member of the legislature who
13-20 anticipates receiving or actually receives a reimbursement or
13-21 advance for a <is to be compensated for> travel expense <expenses>
13-22 from a person other than a state agency may <not> seek an advance
13-23 <payment> or <receive a> reimbursement for the expense <travel>
13-24 from a state agency only to the extent that the amount of the
13-25 person's advance or reimbursement from the other source is less
14-1 than the amount of the total expense incurred <money authorized by
14-2 the General Appropriations Act>.
14-3 SECTION 7. Section 660.021, Government Code, is amended to
14-4 read as follows:
14-5 Sec. 660.021. Rules. The comptroller shall adopt rules for
14-6 the effective and efficient administration <to administer the
14-7 travel regulations> of this chapter and the travel provisions of
14-8 the General Appropriations Act.
14-9 SECTION 8. Section 660.024, Government Code, is amended to
14-10 read as follows:
14-11 Sec. 660.024. Advance Approval for Certain International
14-12 Travel. (a) A state agency may not pay or reimburse a <Travel
14-13 related to official state business for which a reimbursement for>
14-14 travel expense incurred by a state employee that is related to
14-15 travel to, in, or from a foreign nation unless <expenses is claimed
14-16 or for which an advance for travel expenses to be incurred is
14-17 sought must have the advance written approval of> the governor
14-18 provides written approval of the travel before it begins. The
14-19 governor may condition the governor's approval on the employee's
14-20 not incurring travel expenses above a specified amount.
14-21 (b) Subsection (a) applies to a travel expense only if it is
14-22 incurred while traveling to, in, or from a destination that is not
14-23 in <does not apply to travel>:
14-24 (1) the United States <in this state>; <or>
14-25 (2) a possession of the United States;
15-1 (3) <to, in, and from another state,> Mexico;<,> or
15-2 (4) Canada.
15-3 (c) The governor may give general approval <blanket
15-4 authority> for international travel by:
15-5 (1) personnel of the International Trade Development
15-6 Division of the Texas Department of Commerce; and
15-7 (2) law enforcement personnel of the Department of
15-8 Public Safety.
15-9 (d) If the governor's approval is required by this section,
15-10 the comptroller may require proof of that approval.
15-11 (e) The governor may designate an employee of the governor's
15-12 office to provide the approvals required by this section.
15-13 SECTION 9. Section 660.025, Government Code, is amended to
15-14 read as follows:
15-15 Sec. 660.025. Advance Payment Procedure. (a) The
15-16 comptroller by rule shall establish a procedure by which travel
15-17 expense money may be advanced to a state <officer or> employee or a
15-18 member of the legislature <may receive an advance payment for
15-19 projected travel expenses for a particular exercise of official
15-20 duty>. The procedures must be consistent with the requirements of
15-21 Section 403.248.
15-22 (b) Money may not be advanced to a state employee or a
15-23 member of the legislature for a travel expense unless the expense
15-24 is payable or reimbursable under this chapter, the travel
15-25 provisions of the General Appropriations Act, and the rules adopted
16-1 by the comptroller under this chapter. <The comptroller shall
16-2 require a final accounting after actual travel expense has been
16-3 determined to provide for any necessary reimbursement or adjustment
16-4 to reconcile an advance and the actual expense incurred.>
16-5 SECTION 10. Sections 660.041 and 660.042, Government Code,
16-6 are transferred to Subchapter B, Chapter 660, Government Code,
16-7 redesignated as Sections 660.027 and 660.028, Government Code, and
16-8 amended to read as follows:
16-9 Sec. 660.027 <660.041>. VOUCHERS <TRAVEL EXPENSE FORM>.
16-10 (a) The comptroller may issue a warrant or initiate an electronic
16-11 funds transfer to pay or reimburse a travel expense only if a state
16-12 agency submits to the comptroller a voucher that requests the
16-13 payment or reimbursement.
16-14 (b) A voucher submitted under Subsection (a) is valid only
16-15 if:
16-16 (1) the state agency submitting the voucher approves
16-17 it according to Chapter 2103 and, if required by law, certifies the
16-18 voucher; and
16-19 (2) the state employee or the member of the
16-20 legislature who incurred the travel expense or, if the employee or
16-21 member is unavailable, another individual acceptable to the
16-22 comptroller approves the voucher in writing or electronically.
16-23 (c) A voucher must be submitted in the manner required and
16-24 on the form adopted by the comptroller. The comptroller may
16-25 require the voucher to be submitted electronically as authorized by
17-1 Chapter 2103.
17-2 (d) A voucher must describe the official state business
17-3 performed and be accompanied by the information the comptroller
17-4 needs to determine compliance with this chapter, the rules adopted
17-5 by the comptroller under this chapter, and the General
17-6 Appropriations Act.
17-7 (e) The comptroller may require a state agency to provide
17-8 the information required by Subsection (d):
17-9 (1) on the form adopted by the comptroller under
17-10 Subsection (c);
17-11 (2) by submitting information, receipts, and other
17-12 documentation; or
17-13 (3) by a combination of the preceding <shall
17-14 prescribe the form on which a travel expense is to be submitted>.
17-15 Sec. 660.028 <660.042>. AUDITS <USE OF TRAVEL EXPENSE FORM>.
17-16 (a) The comptroller shall audit a voucher either before or after
17-17 the comptroller issues a warrant or initiates an electronic funds
17-18 transfer in response to the voucher. The audit must be conducted
17-19 according to Sections 403.011(12), 403.071, and 403.079. <A state
17-20 agency shall use the standard travel expense form prescribed by the
17-21 comptroller in preparing an expense account for a traveling state
17-22 employee.>
17-23 (b) This subsection applies only if the comptroller audits a
17-24 state agency's voucher after the comptroller issues a warrant or
17-25 initiates an electronic funds transfer in response to the voucher.
18-1 The comptroller may require the agency to maintain in its files the
18-2 information, receipts, and other documentation that relate to the
18-3 voucher until the comptroller audits the voucher.
18-4 (c) This subsection applies only to a state agency that pays
18-5 or reimburses a travel expense without first submitting a voucher
18-6 to the comptroller. The comptroller may audit the payment or
18-7 reimbursement for compliance with this chapter and the travel
18-8 provisions of the General Appropriations Act. The comptroller may
18-9 report the results of the audit to the governor, the lieutenant
18-10 governor, the speaker of the house of representatives, the state
18-11 auditor, and the Legislative Budget Board. The agency shall
18-12 cooperate with the comptroller and make available the information,
18-13 receipts, and other documentation required by the comptroller at
18-14 the time and in the manner required by the comptroller.
18-15 (d) The comptroller may require a state agency to maintain
18-16 in its files for the period required by the comptroller the
18-17 information, receipts, and other documentation about a travel
18-18 expense payment or reimbursement. <The travel expense form must
18-19 state:>
18-20 <(1) the point of origin and the point of destination
18-21 for each trip;>
18-22 <(2) the reimbursable mileage, including intracity
18-23 mileage, that is traveled or projected between each point;>
18-24 <(3) the time that the employee is away or plans to be
18-25 away from designated headquarters for which the employee is or will
19-1 be entitled to travel expenses; and>
19-2 <(4) briefly and clearly the purpose of the trip and
19-3 the character of official business performed or to be performed.>
19-4 SECTION 11. Subchapter B, Chapter 660, Government Code, is
19-5 amended by adding Section 660.029 to read as follows:
19-6 Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) A state
19-7 agency shall instruct its state employees about the provisions of
19-8 this chapter, the travel provisions of the General Appropriations
19-9 Act, and the rules adopted by the comptroller under this chapter.
19-10 (b) A state agency's failure or inability to instruct a
19-11 state employee as required by Subsection (a) does not excuse or
19-12 justify the employee's failure to comply with applicable laws or
19-13 rules.
19-14 SECTION 12. The subchapter heading of Subchapter C, Chapter
19-15 660, Government Code, is amended to read as follows:
19-16 SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE
19-17 <TRAVEL EXPENSES>
19-18 SECTION 13. Subchapter C, Chapter 660, Government Code, is
19-19 amended by adding Sections 660.0411 and 660.0412 to read as
19-20 follows:
19-21 Sec. 660.0411. REIMBURSEMENT REQUIREMENT. (a) A state
19-22 employee is entitled to be reimbursed as provided by this
19-23 subchapter for the employee's use of a personally owned or leased
19-24 motor vehicle in the conduct of state business.
19-25 (b) A state employee may not be reimbursed under this
20-1 subchapter for an expense other than mileage, tolls, and parking.
20-2 Sec. 660.0412. AMOUNT OF REIMBURSEMENT. A mileage
20-3 reimbursement may not exceed the product of:
20-4 (1) the applicable mileage reimbursement rate as
20-5 established by the legislature in the General Appropriations Act;
20-6 and
20-7 (2) the miles traveled as limited by this subchapter.
20-8 SECTION 14. Section 660.052, Government Code, is amended to
20-9 read as follows:
20-10 Sec. 660.052. DETERMINATION OF REIMBURSABLE MILEAGE <FOR
20-11 TRAVEL BY PRIVATELY OWNED CONVEYANCE>. (a) The miles traveled
20-12 that are eligible for reimbursement under this subchapter may not
20-13 exceed the lowest mileage between the origin and the final duty
20-14 point unless the chief administrator or a designee of the chief
20-15 administrator certifies on the voucher that there is a compelling
20-16 necessity for deviation from the lowest mileage in order to make
20-17 the travel more cost-effective. In each such authorized deviation,
20-18 the chief administrator of the agency or a designee of the chief
20-19 administrator shall include in the certification the reason or
20-20 reasons for such deviation and shall certify to the actual mileage
20-21 approved for reimbursement. A copy of each such authorized
20-22 deviation shall be filed promptly with the Legislative Budget
20-23 Board.
20-24 (b) If a state employee conducts official state business at
20-25 duty points between the origin and the final duty point, then the
21-1 lowest mileage must be determined by including the business
21-2 conducted at the intermediate duty points. Farm-to-market and
21-3 ranch-to-market roads shall be considered when determining the
21-4 lowest mileage between points in this state.
21-5 (c) The comptroller shall adopt a mileage guide that is
21-6 reissued periodically. The guide may include a chart of distances
21-7 showing the lowest mileage between points and maps from which the
21-8 shortest distance can be determined from any point to any other
21-9 point by utilizing both farm-to-market and ranch-to-market roads.
21-10 (d) If the mileage between two points is not shown in the
21-11 guide, then the mileage is not reimbursable unless the mileage is
21-12 itemized on a point-to-point basis on a voucher <comptroller shall
21-13 determine mileage for the purpose of a reimbursement or advance
21-14 payment for travel by a privately owned conveyance by:>
21-15 <(1) computing the shortest highway distance between
21-16 the point of origin and the destination using intermediate points
21-17 at which official state business is conducted; and>
21-18 <(2) adding other necessary mileage at points at which
21-19 official state business is conducted>.
21-20 SECTION 15. Section 660.055, Government Code, is amended to
21-21 read as follows:
21-22 Sec. 660.055. MULTIPLE USE OF SINGLE MOTOR VEHICLE
21-23 <PRIVATELY OWNED CAR>. (a) If two, three, or four state <officers
21-24 or> employees who are employed by the same state agency travel on
21-25 the same itinerary, dates, and official state business <in a
22-1 privately owned car>, then only one of those employees may be
22-2 reimbursed <reimbursement or advance payment> for <the car's>
22-3 mileage <may be claimed and allowed>.
22-4 (b) <The comptroller shall consider the travel claims of the
22-5 officers and employees as multiple claims and may pay only one
22-6 claim to the extent of mileage claimed.>
22-7 <(c)> If more than four state employees who are employed by
22-8 the same state agency travel on the same itinerary, dates, and
22-9 official state business <in more than one car>, then a state agency
22-10 may reimburse for <full> mileage only on the basis of <is allowed
22-11 for> one motor vehicle <car> for each four employees and for any
22-12 fraction in excess of a multiple of four employees.
22-13 (c) Subsections (a) and (b) do not apply to a group of state
22-14 employees if the chief administrative officer of the state agency
22-15 that employs the employees determines before travel that <(d) A
22-16 state officer or employee must obtain the advance approval of the
22-17 chief administrator of the officer's or employee's state agency if>
22-18 it is not feasible for the employees <officer or employee> to
22-19 travel together in the same motor vehicle <car>. This
22-20 determination may be made only for reasons related to official
22-21 state business. <Approval under this subsection authorizes
22-22 reimbursement or advance payment for travel by the officer or
22-23 employee using the officer's or employee's privately owned car.>
22-24 <(e) This section applies only to state officers or
22-25 employees who:>
23-1 <(1) are employed by the same state agency;>
23-2 <(2) are required to travel on the same official state
23-3 business;>
23-4 <(3) have the same itinerary; and>
23-5 <(4) travel on the same dates.>
23-6 SECTION 16. Chapter 660, Government Code, is amended by
23-7 adding Subchapter D to read as follows:
23-8 SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT
23-9 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
23-10 a key official, a member of a board, or a member of the legislature
23-11 is entitled to be reimbursed as provided by this subchapter for use
23-12 of an aircraft owned or leased by the employee, official, or member
23-13 in the conduct of state business.
23-14 Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement
23-15 under this subchapter may not exceed the product of:
23-16 (1) the aircraft mileage reimbursement rate
23-17 established in the General Appropriations Act; and
23-18 (2) the highway mileage between the designated
23-19 headquarters and duty point of the state employee, key official,
23-20 member of a board, or member of the legislature.
23-21 Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The
23-22 General Appropriations Act may establish different aircraft mileage
23-23 rates:
23-24 (1) for travel in:
23-25 (A) a single-engine aircraft;
24-1 (B) a twin-engine aircraft; and
24-2 (C) a turbine-powered aircraft; and
24-3 (2) for travel by:
24-4 (A) a state employee;
24-5 (B) a key official;
24-6 (C) a member of a board; and
24-7 (D) a member of the legislature.
24-8 Sec. 660.074. GROUP TRAVEL. (a) This subsection applies to
24-9 a key official, member of a board, or member of the legislature who
24-10 travels with another official or member in an aircraft owned or
24-11 leased by the other official or member. The official or member
24-12 flying with the owner or lessee of the aircraft is entitled to an
24-13 amount equal to the amount that would have been paid or reimbursed
24-14 had the official or member paid the average economy or coach
24-15 airfare.
24-16 (b) The comptroller shall adopt procedures under which
24-17 reimbursements to key officials, members of boards, and members of
24-18 the legislature under Section 660.071 and Subsection (a) may be
24-19 aggregated into a single payment and paid either to the individual
24-20 owning or leasing the aircraft or to a vendor providing a leased
24-21 aircraft. The aggregate reimbursement may not exceed the actual
24-22 expense of the trip.
24-23 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
24-24 official, a member of a board, or a member of the legislature is
24-25 entitled to reimbursement under this subchapter for use of an
25-1 aircraft leased from a proprietorship, partnership, or corporation
25-2 in which the official or member has an interest.
25-3 SECTION 17. Chapter 660, Government Code, is amended by
25-4 adding Subchapter E to read as follows:
25-5 SUBCHAPTER E. TRANSPORTATION BY RENTED OR
25-6 PUBLIC CONVEYANCE
25-7 Sec. 660.091. GENERAL PROVISION. A state agency shall pay
25-8 as provided by this subchapter the expense of transporting a state
25-9 employee by rented or public conveyance in the course of conducting
25-10 state business.
25-11 Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A
25-12 state agency may pay an expense under this subchapter by:
25-13 (1) reimbursing the employee as provided by Subsection
25-14 (b);
25-15 (2) directly paying the expense as provided by
25-16 Subsection (c); or
25-17 (3) directly paying the expense in advance of travel
25-18 as provided by Subsection (d).
25-19 (b) If a state agency reimburses a state employee, then on
25-20 request the agency shall submit to the comptroller in the manner
25-21 required by the comptroller receipts that are acceptable to the
25-22 comptroller. A state agency is not required to submit receipts for
25-23 mass transit, taxi, or limousine fares.
25-24 (c) A state agency may request a commercial transportation
25-25 company to furnish transportation to the agency's state employees
26-1 and to bill the agency monthly for that transportation. The
26-2 company shall list on its invoices to the agency the points of
26-3 origin and destination for each trip and the taxes charged. The
26-4 agency shall submit those invoices to the comptroller on request
26-5 and in the manner required by the comptroller.
26-6 (d) A state agency may directly pay a commercial
26-7 transportation company before the travel of a state employee if the
26-8 payment would result in a lower transportation expense. The
26-9 comptroller may adopt rules that authorize advance payments in
26-10 other circumstances.
26-11 (e) If a reimbursement to a state employee for a
26-12 transportation expense would not be authorized, then a direct
26-13 payment to a commercial transportation company for the expense is
26-14 prohibited.
26-15 Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION
26-16 COMPANIES. A state agency may not pay or reimburse the expense of
26-17 transporting a state employee by rented or public conveyance if the
26-18 transportation is provided by a person who is not a commercial
26-19 transportation company.
26-20 Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. The amount
26-21 that a state agency pays or reimburses for a state employee to
26-22 travel between points by commercial airline may not exceed the
26-23 lowest rate available. First class airfare may be paid or
26-24 reimbursed only if it is the only available airfare. Business
26-25 class airfare may be paid or reimbursed only if a lower airfare is
27-1 not available.
27-2 SECTION 18. Chapter 660, Government Code, is amended by
27-3 adding Subchapter F to read as follows:
27-4 SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES
27-5 Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state agency
27-6 shall reimburse a state employee as provided by this subchapter for
27-7 a meal, lodging, or incidental expense incurred by the employee in
27-8 the conduct of state business.
27-9 Sec. 660.112. AMOUNT OF REIMBURSEMENT. The amount a state
27-10 agency reimburses a state employee:
27-11 (1) for meal expenses incurred each day may not exceed
27-12 the limit established by the General Appropriations Act;
27-13 (2) for lodging expenses incurred each day for each
27-14 location may not exceed the limit established by the General
27-15 Appropriations Act; and
27-16 (3) for incidental expenses may not exceed the amount
27-17 of expenses actually incurred.
27-18 Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state
27-19 agency may not reimburse a state employee for a lodging expense
27-20 incurred at a place that is not a commercial lodging establishment.
27-21 (b) A state agency may not reimburse a state employee for a
27-22 meal or lodging expense the employee incurs while traveling:
27-23 (1) outside the employee's designated headquarters for
27-24 less than six consecutive hours unless the employee is a chief
27-25 administrator of a state agency or the General Appropriations Act
28-1 authorizes the reimbursement; or
28-2 (2) within the employee's designated headquarters
28-3 except as provided in Subsection (c).
28-4 (c) A state agency may reimburse a state employee for a meal
28-5 expense incurred within the employee's designated headquarters if:
28-6 (1) the expense is mandatory; and
28-7 (2) the expense is connected with training, a seminar,
28-8 or a conference.
28-9 (d) A state agency may reimburse a state employee for a meal
28-10 expense incurred while traveling without an overnight stay away
28-11 from the employee's designated headquarters only if the chief
28-12 administrator of the agency authorizes the reimbursement.
28-13 (e) A state agency may not reimburse a state employee for
28-14 the purchase of an alcoholic beverage, unless the employee is a
28-15 peace officer who purchased the beverage as a purchase of evidence
28-16 in an administrative or criminal case.
28-17 Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING
28-18 ESTABLISHMENTS. (a) Instead of reimbursing a state employee for a
28-19 lodging expense, a state agency may request a commercial lodging
28-20 establishment to bill the agency directly for the expense. A state
28-21 agency on request shall submit to the comptroller in the manner
28-22 required by the comptroller information, receipts, and other
28-23 documentation about the expense that are acceptable to the
28-24 comptroller.
28-25 (b) If a reimbursement to a state employee for a lodging
29-1 expense would not be authorized, then a direct payment to a
29-2 commercial lodging establishment for the expense is prohibited.
29-3 Sec. 660.115. RECEIPTS. (a) Except as provided by
29-4 Subsections (b) and (c), a state employee who requests
29-5 reimbursement of a lodging expense must submit to the comptroller a
29-6 receipt acceptable to the comptroller. The state employee shall
29-7 submit the receipt at the time and in the manner required by the
29-8 comptroller.
29-9 (b) A chief administrator of a state agency who is not a
29-10 member of a board is not required to submit a lodging receipt to
29-11 the comptroller.
29-12 (c) A member of a board is not required to submit a lodging
29-13 receipt to the comptroller if:
29-14 (1) the member is elected to the board by vote of the
29-15 people; or
29-16 (2) the member serves on the board full-time and is
29-17 paid a salary for that service.
29-18 Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A
29-19 state employee is entitled to be reimbursed for a state, county, or
29-20 local hotel occupancy tax or any similar tax imposed by a law of
29-21 this state, another state, or a foreign country.
29-22 (b) A state employee is entitled to be reimbursed for a
29-23 hotel occupancy or similar tax from which the employee is legally
29-24 exempt only if the employee properly claims the exemption and the
29-25 commercial lodging establishment refuses to honor the exemption.
30-1 (c) If a state agency directly pays a commercial lodging
30-2 establishment under Section 660.114, the agency may directly pay a
30-3 hotel occupancy or similar tax to the establishment.
30-4 Sec. 660.117. APARTMENT RENTAL EXPENSES. An apartment
30-5 rental expense may be reimbursed or paid only if:
30-6 (1) the purpose of the rental is the conservation of
30-7 funds; and
30-8 (2) the reimbursement or payment and the rental comply
30-9 with the comptroller's rules.
30-10 Sec. 660.118. INCIDENTAL EXPENSES. A state agency may
30-11 reimburse a state employee for an incidental expense incurred by
30-12 the employee only according to rules adopted by the comptroller.
30-13 SECTION 19. Chapter 660, Government Code, is amended by
30-14 adding Subchapter G to read as follows:
30-15 SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS
30-16 Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) At
30-17 the discretion of each house of the legislature, a member of the
30-18 legislature is entitled to receive:
30-19 (1) an amount equal to the maximum per diem rate in
30-20 the federal travel regulations for the location at which expenses
30-21 are incurred; or
30-22 (2) reimbursement of the actual amount of meals,
30-23 lodging, and incidental expenses incurred.
30-24 (b) Subsection (a) applies to a meal, lodging, or incidental
30-25 expense that a member of the legislature incurs while serving on a
31-1 board.
31-2 (c) If a member of the legislature incurs an expense in a
31-3 location for which the federal travel regulations have not
31-4 specifically established a maximum per diem rate, then the rate is
31-5 equal to the lowest maximum per diem rate for the state, territory,
31-6 possession, or country in which the expense is incurred.
31-7 (d) Except as provided in this subsection, Subchapters C, E,
31-8 and F apply to travel by a member of the legislature in the same
31-9 way that they apply to travel by a state employee. Reimbursement
31-10 to a member of the legislature under those subchapters may be made
31-11 regardless of whether the travel includes travel to or from Austin.
31-12 The subchapters do not apply to travel by a member of the
31-13 legislature to the extent they are inconsistent with this section.
31-14 Sections 660.055, 660.113(b)(1) and (d), and 660.115 do not apply
31-15 to travel by a member of the legislature.
31-16 (e) During a session of the legislature, a member of the
31-17 legislature is entitled to be reimbursed for either a
31-18 transportation expense on the same basis as is provided for state
31-19 employees or mileage on the same basis as is provided for state
31-20 employees.
31-21 Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. A judicial
31-22 officer, a chief administrative officer of a state agency other
31-23 than a member of a board, the executive director of the Texas
31-24 Legislative Council, or the secretary of the senate is entitled to
31-25 reimbursement for actual meals and lodging expenses incurred while
32-1 performing the duties of the person's office or employment.
32-2 Sec. 660.143. BOARD MEMBERS. This chapter applies to a
32-3 payment or reimbursement of a travel expense incurred by a member
32-4 of a board only if Subchapter C, Chapter 659, or other applicable
32-5 law authorizes the payment or reimbursement.
32-6 Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES.
32-7 (a) Notwithstanding any other provision of this chapter, a state
32-8 agency may reimburse a state employee or a member of the
32-9 legislature with a disability for attendant care and other
32-10 necessary expenses incurred when the employee or member travels
32-11 inside or outside the employee's or member's designated
32-12 headquarters. However, an expense incurred when traveling between
32-13 a residence and a place of employment may be reimbursed only as
32-14 provided by law for state employees without disabilities.
32-15 (b) If the airfare is medically necessary, a state agency
32-16 may reimburse a state employee or a member of the legislature with
32-17 a disability for the first or business class airfare of:
32-18 (1) the employee or member; and
32-19 (2) the attendant of the employee or member.
32-20 (c) Instead of reimbursing a state employee or a member of
32-21 the legislature for attendant care and other necessary expenses, a
32-22 state agency may:
32-23 (1) reimburse the attendant for those expenses; or
32-24 (2) pay the expenses directly to a commercial
32-25 transportation company if the expenses are for transportation or to
33-1 a commercial lodging establishment if the expenses are for lodging.
33-2 (d) If this chapter, the travel provisions of the General
33-3 Appropriations Act, or a rule adopted by the comptroller under this
33-4 chapter conflicts with a requirement of the Americans with
33-5 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a
33-6 federal regulation adopted under that Act, or another applicable
33-7 federal law or regulation, then the federal law or regulation
33-8 controls to the extent of the conflict.
33-9 Sec. 660.145. DEATH OF STATE EMPLOYEES. A state agency may
33-10 pay or reimburse the expense of preparing and transporting the
33-11 remains and personal property of a state employee who dies while
33-12 conducting official state business outside the employee's
33-13 designated headquarters. The agency may pay or reimburse the
33-14 expense of transporting the remains and personal property either to
33-15 the employee's designated headquarters or to another location
33-16 designated by the executor or administrator of the employee's
33-17 estate. If the remains and personal property are transported to a
33-18 location other than the employee's designated headquarters, then
33-19 the amount of the agency's payment or reimbursement may not exceed
33-20 the amount that would have been paid had the remains and personal
33-21 property been transported to the designated headquarters.
33-22 Sec. 660.146. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES
33-23 AND THEIR FAMILIES. (a) A state agency may pay or reimburse a
33-24 travel expense incurred by a state employee who serves in a law
33-25 enforcement, investigative, or similar capacity if the employee is
34-1 threatened as a result of the employee's official duties.
34-2 (b) A state agency may pay or reimburse a travel expense
34-3 incurred by the family of a state employee who serves in a law
34-4 enforcement, investigative, or similar capacity if the family is
34-5 threatened as a result of the employee's official duties.
34-6 (c) A travel expense is payable or reimbursable under this
34-7 section even if it is incurred within a state employee's designated
34-8 headquarters.
34-9 Sec. 660.147. CONFLICTS WITH OTHER SUBCHAPTERS. In the
34-10 event of a conflict between this subchapter and another provision
34-11 of this chapter, this subchapter controls.
34-12 SECTION 20. Sections 660.005, 660.022, 660.023, 660.026,
34-13 660.043, 660.044, 660.045, 660.046, 660.050, 660.051, 660.053, and
34-14 660.054, Government Code, are repealed.
34-15 SECTION 21. (a) In this section, "travel expense" has the
34-16 meaning assigned by Section 660.002, Government Code, as amended by
34-17 this Act.
34-18 (b) Except as provided by Subsection (c) of this section,
34-19 the changes made to the law by this Act do not apply to a travel
34-20 expense incurred before September 1, 1995. The expense is governed
34-21 by the law in effect at the time the expense was incurred, and that
34-22 law is continued in effect for this purpose.
34-23 (c) The changes made to the law by this Act apply to the
34-24 procedures that must be followed to pay or reimburse a travel
34-25 expense, regardless of when the expense is incurred.
35-1 SECTION 22. This Act takes effect September 1, 1995.
35-2 SECTION 23. The importance of this legislation and the
35-3 crowded condition of the calendars in both houses create an
35-4 emergency and an imperative public necessity that the
35-5 constitutional rule requiring bills to be read on three several
35-6 days in each house be suspended, and this rule is hereby suspended.