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.