74R13241 GCH-F
By Armbrister S.B. No. 671
Substitute the following for S.B. No. 671:
By Eiland C.S.S.B. No. 671
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the travel expenses incurred by state officers and
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 660.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 660.002. DEFINITIONS. In this chapter:
1-8 (1) "Appropriated funds" means funds appropriated
1-9 under the General Appropriations Act.
1-10 (2) "Board" means a governing body, commission,
1-11 committee, council, or similar entity comprising at least two
1-12 members that is in the executive, legislative, or judicial branch
1-13 of state government.
1-14 (3) "Cancellation charge" means a fee, charge, or
1-15 payment that a provider of travel services assesses or retains
1-16 because of the cancellation of a travel reservation or other travel
1-17 plan.
1-18 (4) "Chief administrator of a state agency" means:
1-19 (A) an elected state official, excluding a
1-20 member of the legislature;
1-21 (B) an appointed state official, including an
1-22 individual <official> whose appointment as a state official has not
1-23 yet been confirmed by the <is subject to> senate <confirmation>;
1-24 (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, house, or
2-15 similar establishment that provides lodging to the public for pay;
2-16 or
2-17 (B) a person or establishment that provides
2-18 lodging for pay that the comptroller determines to have a
2-19 sufficient number of the characteristics of a commercial lodging
2-20 establishment for purposes of this chapter.
2-21 (6) "Commercial transportation company" means a person
2-22 that offers to the public to transport people or goods for pay.
2-23 (7) "Disability" means a physical or mental impairment
2-24 of an individual that substantially limits at least one of the
2-25 individual's major life activities.
2-26 (8) "Duty point" means the destination, other than a
2-27 place of employment, to which a state employee or a member of the
3-1 legislature travels to conduct official state business. If the
3-2 destination is outside the employee's or member's designated
3-3 headquarters, then the duty point is:
3-4 (A) the municipality in which the destination is
3-5 located; or
3-6 (B) the area within a five-mile radius of the
3-7 destination if the destination is located in an unincorporated
3-8 area.
3-9 (9) "Incidental expense" means an expense incurred
3-10 while traveling on official state business. The term includes a
3-11 mandatory insurance or service charge and an applicable tax except
3-12 a tax on meals. The term does not include:
3-13 (A) a meal, lodging, or transportation expense;
3-14 (B) a personal expense;
3-15 (C) an expense that a person would incur
3-16 regardless of whether the person were traveling on official state
3-17 business; or
3-18 (D) a tip or gratuity.
3-19 (10) "Institutional funds" means funds described as
3-20 institutional funds by Section 51.009, Education Code.
3-21 (11) "Institution of higher education" has the meaning
3-22 assigned by Section 61.003, Education Code.
3-23 (12) "Key official" means a chief administrator of a
3-24 state agency or a person holding a position that has been
3-25 designated as exempt from the position classification plan in
3-26 accordance with the General Appropriations Act or by the governor
3-27 under Chapter 654.
4-1 (13) "Lease" means a contract with a term of at least
4-2 one month that gives the lessee possession and use of property or
4-3 equipment while the lessor retains ownership of that property or
4-4 equipment.
4-5 (14) "Place of employment" means the office or other
4-6 location at which a state employee or a member of the legislature
4-7 most frequently conducts official state business.
4-8 (15) "Prospective state employee" means an individual
4-9 that a state agency considers for employment with the agency. The
4-10 term includes a state employee of a state agency who is considered
4-11 for employment by another state agency.
4-12 (16) "Rented or public conveyance" means a motor
4-13 vehicle, train, aircraft, boat, or bicycle that a state employee or
4-14 a member of the legislature rents or pays a fare to use on a
4-15 short-term basis.
4-16 (17) "State agency" means a unit of state government
4-17 that uses appropriated funds to pay or reimburse a travel expense
4-18 of a state employee or a member of the legislature. The term
4-19 includes the Teacher Retirement System of Texas and the Employees
4-20 Retirement System of Texas.
4-21 (18) "State employee" means a person employed by a
4-22 state agency. The term includes a key official unless this chapter
4-23 specifically provides otherwise.
4-24 (19) "Travel expense" means a meal, lodging,
4-25 transportation, or incidental expense.
4-26 (20) "Unit of state government" includes an
4-27 institution of higher education.
5-1 <(2) "Per diem allowance" means a flat daily rate that
5-2 is paid instead of actual expenses for meals and lodging and is
5-3 compensation for official travel purposes only.>
5-4 SECTION 2. Subchapter A, Chapter 660, Government Code, is
5-5 amended by adding Section 660.0021 to read as follows:
5-6 Sec. 660.0021. DESIGNATED HEADQUARTERS. (a) The designated
5-7 headquarters of a state employee or a member of the legislature is:
5-8 (1) the area within the boundaries of the municipality
5-9 in which the employee's or member's place of employment is located;
5-10 or
5-11 (2) the area within a five-mile radius of the place of
5-12 employment, if the place of employment is located within an
5-13 unincorporated area.
5-14 (b) If a municipality or an unincorporated area is
5-15 completely surrounded by the municipality in which the place of
5-16 employment of a state employee or a member of the legislature is
5-17 located, then the employee's or member's designated headquarters
5-18 includes the surrounded municipality or area.
5-19 SECTION 3. Section 660.003, Government Code, is amended to
5-20 read as follows:
5-21 Sec. 660.003. APPLICABILITY. (a) This chapter, the General
5-22 Appropriations Act, and the rules adopted by the comptroller under
5-23 this chapter govern the procedures, amounts, timing, limits,
5-24 required documentation, permissible payees, distinctions between
5-25 different types of state employees, and all other details
5-26 concerning travel expense payments or reimbursements by a state
5-27 agency.
6-1 (b) Except as provided by Subsections (c) and (d), this
6-2 chapter and the travel provisions of the General Appropriations Act
6-3 apply to a travel expense only to the extent that appropriated
6-4 funds are used to pay or reimburse the expense.
6-5 (c) This chapter and the travel provisions of the General
6-6 Appropriations Act apply to a travel expense paid or reimbursed by
6-7 the Employees Retirement System of Texas or the Teacher Retirement
6-8 System of Texas, regardless of whether the funds used to make the
6-9 payment or reimbursement are appropriated funds.
6-10 (d) A law outside this chapter that states that this
6-11 chapter, the travel provisions of the General Appropriations Act,
6-12 or both, apply to a travel expense prevails over anything to the
6-13 contrary in this chapter.
6-14 (e) A state agency may pay or reimburse a travel expense
6-15 only if <applies to>:
6-16 (1) the expense is reasonable and necessary <a state
6-17 officer>;
6-18 (2) the purpose of the travel clearly involves
6-19 official state business and is consistent with the agency's legal
6-20 authority <a chief administrator of a state agency>; and
6-21 (3) the expense and the travel during which the
6-22 expense is incurred comply with:
6-23 (A) this chapter;
6-24 (B) the rules adopted by the comptroller under
6-25 this chapter; and
6-26 (C) the General Appropriations Act <a state
6-27 employee; and>
7-1 <(4) a prospective state employee who incurs expenses
7-2 when requested to visit a state agency, department, or institution
7-3 of higher education for an employment interview and evaluation>.
7-4 (f) A travel expense may be paid or reimbursed in accordance
7-5 with the requirements of an applicable federal law or regulation,
7-6 and this chapter does not apply to the extent necessary to avoid
7-7 conflict with an applicable federal law or regulation.
7-8 SECTION 4. Section 660.004, Government Code, is amended to
7-9 read as follows:
7-10 Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED <INCURRED>
7-11 BY <OFFICIALS OR EMPLOYEES OF> INSTITUTIONS OF HIGHER EDUCATION.
7-12 (a) This chapter does not apply to a <reimbursement for> travel
7-13 expense_to the extent an institution of higher education pays or
7-14 reimburses the expense from institutional funds <expenses:>
7-15 <(1) incurred by an official or employee of the
7-16 athletic department of an institution of higher education;>
7-17 <(2) to an official or employee of an institution of
7-18 higher education from a gift or bequest; or>
7-19 <(3) of an official or employee of an institution of
7-20 higher education if the expenses are paid or reimbursed to the
7-21 institution under a contract between the institution and the
7-22 federal government or another contracting agency>.
7-23 (b) The governing board of an <each> institution of higher
7-24 education shall adopt <necessary> rules as necessary to administer
7-25 and control travel expense payments and reimbursements that are
7-26 exempt from this chapter under Subsection (a) <for the
7-27 administration and control of travel by an official or employee
8-1 exempted by this section>.
8-2 SECTION 5. Subchapter A, Chapter 660, Government Code, is
8-3 amended by adding Sections 660.006 through 660.013 to read as
8-4 follows:
8-5 Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
8-6 state agency that provides advance authorization to a prospective
8-7 state employee to visit the agency for an interview or other
8-8 employment evaluation may:
8-9 (1) reimburse the prospective state employee for a
8-10 travel expense incurred as a result of visiting the agency; or
8-11 (2) pay a vendor for a travel expense incurred by the
8-12 prospective state employee as a result of visiting the agency.
8-13 (b) A state agency shall treat a prospective state employee
8-14 as a state employee for the purposes of reimbursing or paying a
8-15 travel expense of the prospective state employee.
8-16 Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency
8-17 shall minimize the amount of travel expenses paid or reimbursed by
8-18 the agency. The agency shall ensure that each travel arrangement
8-19 is the most cost-effective considering all relevant circumstances.
8-20 (b) A state agency may specify a travel expense payment or
8-21 reimbursement rate that is less than the maximum rate specified in
8-22 this chapter or the General Appropriations Act. The lower rate
8-23 applies only to a travel expense incurred after the agency has
8-24 notified the affected individuals in writing about the rate. The
8-25 agency is solely responsible for enforcing the rate.
8-26 Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A
8-27 state agency may pay or reimburse a state employee for a travel
9-1 expense the employee incurs while using personal or compensatory
9-2 leave if:
9-3 (1) the leave is used while the employee is away from
9-4 the employee's designated headquarters;
9-5 (2) the primary purpose of the employee's being away
9-6 is to conduct official state business; and
9-7 (3) the agency determines that returning the employee
9-8 to the employee's designated headquarters while using the leave
9-9 would not be cost-effective or would be impracticable.
9-10 Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.
9-11 A state agency may pay or reimburse a state employee or a member of
9-12 the legislature for a travel expense the employee or member incurs
9-13 as a result of attempting to conduct official state business if:
9-14 (1) the employee or member is unable to conduct the
9-15 business because of a natural disaster or other natural occurrence;
9-16 and
9-17 (2) the expense would be payable or reimbursable had
9-18 the official state business been conducted.
9-19 Sec. 660.010. RETURNING TO A DESIGNATED HEADQUARTERS;
9-20 TRAVELING TO A DUTY POINT. (a) A state agency that requires a
9-21 state employee on personal or compensatory leave to return to the
9-22 employee's designated headquarters from another location may pay or
9-23 reimburse the employee for a travel expense incurred by the
9-24 employee while traveling to the headquarters. The agency may pay
9-25 or reimburse a travel expense incurred by the employee while
9-26 traveling back to the location at which the employee was staying
9-27 while on leave, or when appropriate, to the proper location on the
10-1 employee's itinerary, if the employee resumes the leave.
10-2 (b) A state agency that requires a state employee on
10-3 personal or compensatory leave at a location outside the employee's
10-4 designated headquarters to travel to a duty point may pay or
10-5 reimburse the employee for a travel expense incurred by the
10-6 employee while traveling to the duty point. The agency may pay or
10-7 reimburse a travel expense incurred by the employee while traveling
10-8 back to the location at which the employee was staying while on
10-9 leave, or when appropriate, to the proper location on the
10-10 employee's itinerary, if the employee resumes the leave.
10-11 (c) A state agency may pay or reimburse a state employee or
10-12 a member of the legislature for a travel expense incurred when the
10-13 employee or member returns, before official state business is
10-14 completed, from a duty point to the employee's or member's
10-15 designated headquarters because of an illness or personal
10-16 emergency.
10-17 Sec. 660.011. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER
10-18 AGENCIES. A state agency may pay or reimburse a travel expense
10-19 incurred by another state agency's employee if the employee
10-20 incurred the expense while providing services to the paying or
10-21 reimbursing agency.
10-22 Sec. 660.012. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL
10-23 AGENTS. (a) If a state agency may directly pay a commercial
10-24 lodging establishment or a commercial transportation company under
10-25 this chapter, then the agency may instead pay a credit card issuer
10-26 or a travel agency for the lodging or transportation.
10-27 (b) The documentation required for direct payment to a
11-1 commercial lodging establishment or commercial transportation
11-2 company is also required for payment to a credit card issuer or a
11-3 travel agency.
11-4 Sec. 660.013. CANCELLATION CHARGES. A state agency may pay
11-5 or reimburse a state employee or a member of the legislature for a
11-6 cancellation charge if:
11-7 (1) the charge is incurred for a reason related to
11-8 official state business or to official state business that could
11-9 not be conducted because of a natural disaster or other natural
11-10 occurrence; or
11-11 (2) the charge is:
11-12 (A) related to a transportation expense that was
11-13 paid in advance to obtain lower rates; and
11-14 (B) incurred because the employee or member who
11-15 was to use the transportation cannot do so because of an illness or
11-16 a personal emergency.
11-17 SECTION 6. Sections 660.047, 660.048, and 660.049,
11-18 Government Code, are transferred to Subchapter A, Chapter 660,
11-19 Government Code, redesignated as Sections 660.014, 660.015, and
11-20 660.016, Government Code, and amended to read as follows:
11-21 Sec. 660.014 <660.047>. PROHIBITION AGAINST ACCEPTING MONEY
11-22 OR TRAVEL EXPENSE REIMBURSEMENTS <APPLICABLE TO ACCEPTANCE OF
11-23 MONEY> FROM CERTAIN PERSONS. (a) Unless authorized by law, a <A>
11-24 state <officer or> employee or member of the legislature <who is
11-25 traveling to perform an official duty> may not accept money for
11-26 wages or for a travel expense reimbursement <expenses> from a
11-27 person that the state intends to audit, examine, or investigate or
12-1 <who> is auditing, examining, or investigating <or who may be
12-2 audited, examined, inspected, or investigated by the state>.
12-3 (b) A state <officer or> employee or member of the
12-4 legislature who violates Subsection (a) shall forfeit the money or
12-5 travel expense reimbursement to the state <is traveling to perform
12-6 an official duty may receive travel expenses only from amounts
12-7 appropriated by the General Appropriations Act>.
12-8 (c) Subsections (a) and (b) are in addition to any other
12-9 prohibitions, penalties, and forfeitures imposed or required by
12-10 other law <The comptroller may not pay the salary of a state
12-11 employee who violates this section>.
12-12 Sec. 660.015 <660.048>. EXCESS REIMBURSEMENTS <OVERPAYMENT>.
12-13 A state <officer or> employee or member of the legislature who
12-14 receives a reimbursement of <an overpayment for> a travel expense
12-15 that exceeds the amount the employee or member may receive under
12-16 this chapter or <from money appropriated by> the General
12-17 Appropriations Act shall immediately return the amount of the
12-18 excess <reimburse the state for the overpayment>.
12-19 Sec. 660.016 <660.049>. MULTIPLE ADVANCES OR REIMBURSEMENTS
12-20 FOR A <PROHIBITION APPLICABLE TO> TRAVEL EXPENSE <COMPENSATION BY
12-21 OTHER PERSONS>. <(a)> A state <officer or> employee or member of
12-22 the legislature may not accept a reimbursement or advance for a
12-23 travel expense from more than one source <receive a double travel
12-24 expense payment>.
12-25 <(b)> A state employee or member of the legislature who
12-26 anticipates receiving or actually receives a reimbursement or
12-27 advance for a <is to be compensated for> travel expense <expenses>
13-1 from a person other than a state agency may <not> seek an advance
13-2 <payment> or <receive a> reimbursement for the expense <travel>
13-3 from a state agency only to the extent that the amount of the
13-4 person's advance or reimbursement from the other source is less
13-5 than the amount of the total expense incurred <money authorized by
13-6 the General Appropriations Act>.
13-7 SECTION 7. Section 660.021, Government Code, is amended to
13-8 read as follows:
13-9 Sec. 660.021. Rules. The comptroller shall adopt rules for
13-10 the effective and efficient administration <to administer the
13-11 travel regulations> of this chapter and the travel provisions of
13-12 the General Appropriations Act.
13-13 SECTION 8. Section 660.024, Government Code, is amended to
13-14 read as follows:
13-15 Sec. 660.024. Advance Approval for Certain International
13-16 Travel. (a) A state agency may not pay or reimburse a <Travel
13-17 related to official state business for which a reimbursement for>
13-18 travel expense incurred by a state employee that is related to
13-19 travel to, in, or from a foreign nation unless <expenses is claimed
13-20 or for which an advance for travel expenses to be incurred is
13-21 sought must have the advance written approval of> the governor
13-22 provides written approval of the travel before it begins. The
13-23 governor may condition the governor's approval on the employee's
13-24 not incurring travel expenses above a specified amount.
13-25 (b) Subsection (a) applies to a travel expense only if it is
13-26 incurred while traveling to, in, or from a destination that is not
13-27 in <does not apply to travel>:
14-1 (1) the United States <in this state>; <or>
14-2 (2) a possession of the United States;
14-3 (3) <to, in, and from another state,> Mexico;<,> or
14-4 (4) Canada.
14-5 (c) The governor may give general approval <blanket
14-6 authority> for international travel by:
14-7 (1) personnel of the International Trade Development
14-8 Division of the Texas Department of Commerce; and
14-9 (2) law enforcement personnel of the Department of
14-10 Public Safety.
14-11 (d) If the governor's approval is required by this section,
14-12 the comptroller may require proof of that approval.
14-13 (e) The governor may designate an employee of the governor's
14-14 office to provide the approvals required by this section.
14-15 SECTION 9. Section 660.025, Government Code, is amended to
14-16 read as follows:
14-17 Sec. 660.025. Advance Payment Procedure. (a) The
14-18 comptroller by rule shall establish a procedure by which travel
14-19 expense money may be advanced to a state <officer or> employee or a
14-20 member of the legislature <may receive an advance payment for
14-21 projected travel expenses for a particular exercise of official
14-22 duty>. The procedures must be consistent with the requirements of
14-23 Section 403.248.
14-24 (b) Money may not be advanced to a state employee or a
14-25 member of the legislature for a travel expense unless the expense
14-26 is payable or reimbursable under this chapter, the travel
14-27 provisions of the General Appropriations Act, and the rules adopted
15-1 by the comptroller under this chapter. <The comptroller shall
15-2 require a final accounting after actual travel expense has been
15-3 determined to provide for any necessary reimbursement or adjustment
15-4 to reconcile an advance and the actual expense incurred.>
15-5 SECTION 10. Sections 660.041 and 660.042, Government Code,
15-6 are transferred to Subchapter B, Chapter 660, Government Code,
15-7 redesignated as Sections 660.027 and 660.028, Government Code, and
15-8 amended to read as follows:
15-9 Sec. 660.027 <660.041>. VOUCHERS <TRAVEL EXPENSE FORM>.
15-10 (a) The comptroller may issue a warrant or initiate an electronic
15-11 funds transfer to pay or reimburse a travel expense only if a state
15-12 agency submits to the comptroller a voucher that requests the
15-13 payment or reimbursement.
15-14 (b) A voucher submitted under Subsection (a) is valid only
15-15 if:
15-16 (1) the state agency submitting the voucher approves
15-17 it according to Chapter 2103 and, if required by law, certifies the
15-18 voucher; and
15-19 (2) the state employee or the member of the
15-20 legislature who incurred the travel expense or, if the employee or
15-21 member is unavailable, another individual acceptable to the
15-22 comptroller approves the voucher in writing or electronically.
15-23 (c) A voucher must be submitted in the manner required and
15-24 on the form adopted by the comptroller. The comptroller may
15-25 require the voucher to be submitted electronically as authorized by
15-26 Chapter 2103.
15-27 (d) A voucher must describe the official state business
16-1 performed and be accompanied by the information the comptroller
16-2 needs to determine compliance with this chapter, the rules adopted
16-3 by the comptroller under this chapter, and the General
16-4 Appropriations Act.
16-5 (e) The comptroller may require a state agency to provide
16-6 the information required by Subsection (d):
16-7 (1) on the form adopted by the comptroller under
16-8 Subsection (c);
16-9 (2) by submitting information, receipts, and other
16-10 documentation; or
16-11 (3) by a combination of the preceding <shall
16-12 prescribe the form on which a travel expense is to be submitted>.
16-13 Sec. 660.028 <660.042>. AUDITS <USE OF TRAVEL EXPENSE FORM>.
16-14 (a) The comptroller shall audit a voucher either before or after
16-15 the comptroller issues a warrant or initiates an electronic funds
16-16 transfer in response to the voucher. The audit must be conducted
16-17 according to Sections 403.011(12), 403.071, and 403.079. <A state
16-18 agency shall use the standard travel expense form prescribed by the
16-19 comptroller in preparing an expense account for a traveling state
16-20 employee.>
16-21 (b) This subsection applies only if the comptroller audits a
16-22 state agency's voucher after the comptroller issues a warrant or
16-23 initiates an electronic funds transfer in response to the voucher.
16-24 The comptroller may require the agency to maintain in its files the
16-25 information, receipts, and other documentation that relate to the
16-26 voucher until the comptroller audits the voucher.
16-27 (c) This subsection applies only to a state agency that pays
17-1 or reimburses a travel expense without first submitting a voucher
17-2 to the comptroller. The comptroller may audit the payment or
17-3 reimbursement for compliance with this chapter and the travel
17-4 provisions of the General Appropriations Act. The comptroller may
17-5 report the results of the audit to the governor, the lieutenant
17-6 governor, the speaker of the house of representatives, the state
17-7 auditor, and the Legislative Budget Board. The agency shall
17-8 cooperate with the comptroller and make available the information,
17-9 receipts, and other documentation required by the comptroller at
17-10 the time and in the manner required by the comptroller.
17-11 (d) The comptroller may require a state agency to maintain
17-12 in its files for the period required by the comptroller the
17-13 information, receipts, and other documentation about a travel
17-14 expense payment or reimbursement. <The travel expense form must
17-15 state:>
17-16 <(1) the point of origin and the point of destination
17-17 for each trip;>
17-18 <(2) the reimbursable mileage, including intracity
17-19 mileage, that is traveled or projected between each point;>
17-20 <(3) the time that the employee is away or plans to be
17-21 away from designated headquarters for which the employee is or will
17-22 be entitled to travel expenses; and>
17-23 <(4) briefly and clearly the purpose of the trip and
17-24 the character of official business performed or to be performed.>
17-25 SECTION 11. Subchapter B, Chapter 660, Government Code, is
17-26 amended by adding Section 660.029 to read as follows:
17-27 Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) A state
18-1 agency shall instruct its state employees about the provisions of
18-2 this chapter, the travel provisions of the General Appropriations
18-3 Act, and the rules adopted by the comptroller under this chapter.
18-4 (b) A state agency's failure or inability to instruct a
18-5 state employee as required by Subsection (a) does not excuse or
18-6 justify the employee's failure to comply with applicable laws or
18-7 rules.
18-8 SECTION 12. The subchapter heading of Subchapter C, Chapter
18-9 660, Government Code, is amended to read as follows:
18-10 SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE
18-11 <TRAVEL EXPENSES>
18-12 SECTION 13. Subchapter C, Chapter 660, Government Code, is
18-13 amended by adding Sections 660.0411 and 660.0412 to read as
18-14 follows:
18-15 Sec. 660.0411. REIMBURSEMENT REQUIREMENT. (a) A state
18-16 employee is entitled to be reimbursed as provided by this
18-17 subchapter for the employee's use of a personally owned or leased
18-18 motor vehicle in the conduct of state business.
18-19 (b) A state employee may not be reimbursed under this
18-20 subchapter for an expense other than mileage, tolls, and parking.
18-21 Sec. 660.0412. AMOUNT OF REIMBURSEMENT. A mileage
18-22 reimbursement may not exceed the product of:
18-23 (1) the applicable mileage reimbursement rate as
18-24 established by the legislature in the General Appropriations Act;
18-25 and
18-26 (2) the miles traveled as limited by this subchapter.
18-27 SECTION 14. Section 660.052, Government Code, is amended to
19-1 read as follows:
19-2 Sec. 660.052. DETERMINATION OF REIMBURSABLE MILEAGE <FOR
19-3 TRAVEL BY PRIVATELY OWNED CONVEYANCE>. (a) The miles traveled
19-4 that are eligible for reimbursement under this subchapter may not
19-5 exceed the lowest mileage between the origin and the final duty
19-6 point unless the chief administrator or a designee of the chief
19-7 administrator certifies on the voucher that there is a compelling
19-8 necessity for deviation from the lowest mileage in order to make
19-9 the travel more cost-effective. In each such authorized deviation,
19-10 the chief administrator of the agency or a designee of the chief
19-11 administrator shall include in the certification the reason or
19-12 reasons for such deviation and shall certify to the actual mileage
19-13 approved for reimbursement. A copy of each such authorized
19-14 deviation shall be filed promptly with the Legislative Budget
19-15 Board.
19-16 (b) If a state employee conducts official state business at
19-17 duty points between the origin and the final duty point, then the
19-18 lowest mileage must be determined by including the business
19-19 conducted at the intermediate duty points. Farm-to-market and
19-20 ranch-to-market roads shall be considered when determining the
19-21 lowest mileage between points in this state.
19-22 (c) The comptroller shall adopt a mileage guide that is
19-23 reissued periodically. The guide may include a chart of distances
19-24 showing the lowest mileage between points and maps from which the
19-25 shortest distance can be determined from any point to any other
19-26 point by utilizing both farm-to-market and ranch-to-market roads
19-27 <comptroller shall determine mileage for the purpose of a
20-1 reimbursement or advance payment for travel by a privately owned
20-2 conveyance by:>
20-3 <(1) computing the shortest highway distance between
20-4 the point of origin and the destination using intermediate points
20-5 at which official state business is conducted; and>
20-6 <(2) adding other necessary mileage at points at which
20-7 official state business is conducted>.
20-8 SECTION 15. Section 660.055, Government Code, is amended to
20-9 read as follows:
20-10 Sec. 660.055. MULTIPLE USE OF SINGLE MOTOR VEHICLE
20-11 <PRIVATELY OWNED CAR>. (a) If two, three, or four state <officers
20-12 or> employees who are employed by the same state agency travel on
20-13 the same itinerary, dates, and official state business <in a
20-14 privately owned car>, then only one of those employees may be
20-15 reimbursed <reimbursement or advance payment> for <the car's>
20-16 mileage <may be claimed and allowed>.
20-17 (b) <The comptroller shall consider the travel claims of the
20-18 officers and employees as multiple claims and may pay only one
20-19 claim to the extent of mileage claimed.>
20-20 <(c)> If more than four state employees who are employed by
20-21 the same state agency travel on the same itinerary, dates, and
20-22 official state business <in more than one car>, then a state agency
20-23 may reimburse for <full> mileage only on the basis of <is allowed
20-24 for> one motor vehicle <car> for each four employees and for any
20-25 fraction in excess of a multiple of four employees.
20-26 (c) Subsections (a) and (b) do not apply to a group of state
20-27 employees if the chief administrative officer of the state agency
21-1 that employs the employees determines before travel that <(d) A
21-2 state officer or employee must obtain the advance approval of the
21-3 chief administrator of the officer's or employee's state agency if>
21-4 it is not feasible for the employees <officer or employee> to
21-5 travel together in the same motor vehicle <car>. This
21-6 determination may be made only for reasons related to official
21-7 state business. <Approval under this subsection authorizes
21-8 reimbursement or advance payment for travel by the officer or
21-9 employee using the officer's or employee's privately owned car.>
21-10 <(e) This section applies only to state officers or
21-11 employees who:>
21-12 <(1) are employed by the same state agency;>
21-13 <(2) are required to travel on the same official state
21-14 business;>
21-15 <(3) have the same itinerary; and>
21-16 <(4) travel on the same dates.>
21-17 SECTION 16. Chapter 660, Government Code, is amended by
21-18 adding Subchapter D to read as follows:
21-19 SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT
21-20 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
21-21 a key official, a member of a board, or a member of the legislature
21-22 is entitled to be reimbursed as provided by this subchapter for use
21-23 of an aircraft owned or leased by the employee, official, or member
21-24 in the conduct of state business.
21-25 Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement
21-26 under this subchapter may not exceed the product of:
21-27 (1) the aircraft mileage reimbursement rate
22-1 established in the General Appropriations Act; and
22-2 (2) the highway mileage between the designated
22-3 headquarters and duty point of the state employee, key official,
22-4 member of a board, or member of the legislature.
22-5 Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The
22-6 General Appropriations Act may establish different aircraft mileage
22-7 rates:
22-8 (1) for travel in:
22-9 (A) a single-engine aircraft;
22-10 (B) a twin-engine aircraft; and
22-11 (C) a turbine-powered aircraft; and
22-12 (2) for travel by:
22-13 (A) a state employee;
22-14 (B) a key official;
22-15 (C) a member of a board; and
22-16 (D) a member of the legislature.
22-17 Sec. 660.074. GROUP TRAVEL. (a) This subsection applies to
22-18 a key official, member of a board, or member of the legislature who
22-19 travels with another official or member in an aircraft owned or
22-20 leased by the other official or member. The official or member
22-21 flying with the owner or lessee of the aircraft is entitled to an
22-22 amount equal to the amount that would have been paid or reimbursed
22-23 had the official or member paid the average economy or coach
22-24 airfare.
22-25 (b) The comptroller shall adopt procedures under which
22-26 reimbursements to key officials, members of boards, and members of
22-27 the legislature under Section 660.071 and Subsection (a) may be
23-1 aggregated into a single payment and paid either to the individual
23-2 owning or leasing the aircraft or to a vendor providing a leased
23-3 aircraft. The aggregate reimbursement may not exceed the actual
23-4 expense of the trip.
23-5 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
23-6 official, a member of a board, or a member of the legislature is
23-7 entitled to reimbursement under this subchapter for use of an
23-8 aircraft leased from a proprietorship, partnership, or corporation
23-9 in which the official or member has an interest.
23-10 SECTION 17. Chapter 660, Government Code, is amended by
23-11 adding Subchapter E to read as follows:
23-12 SUBCHAPTER E. TRANSPORTATION BY RENTED OR
23-13 PUBLIC CONVEYANCE
23-14 Sec. 660.091. GENERAL PROVISION. A state agency shall pay
23-15 as provided by this subchapter the expense of transporting a state
23-16 employee by rented or public conveyance in the course of conducting
23-17 state business.
23-18 Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A
23-19 state agency may pay an expense under this subchapter by:
23-20 (1) reimbursing the employee as provided by Subsection
23-21 (b);
23-22 (2) directly paying the expense as provided by
23-23 Subsection (c); or
23-24 (3) directly paying the expense in advance of travel
23-25 as provided by Subsection (d).
23-26 (b) If a state agency reimburses a state employee, then on
23-27 request the agency shall submit to the comptroller in the manner
24-1 required by the comptroller receipts that are acceptable to the
24-2 comptroller. A state agency is not required to submit receipts for
24-3 mass transit, taxi, or limousine fares.
24-4 (c) A state agency may request a commercial transportation
24-5 company to furnish transportation to the agency's state employees
24-6 and to bill the agency monthly for that transportation. The
24-7 company shall list on its invoices to the agency the points of
24-8 origin and destination for each trip and the taxes charged. The
24-9 agency shall submit those invoices to the comptroller on request
24-10 and in the manner required by the comptroller.
24-11 (d) A state agency may directly pay a commercial
24-12 transportation company before the travel of a state employee if the
24-13 payment would result in a lower transportation expense. The
24-14 comptroller may adopt rules that authorize advance payments in
24-15 other circumstances.
24-16 (e) If a reimbursement to a state employee for a
24-17 transportation expense would not be authorized, then a direct
24-18 payment to a commercial transportation company for the expense is
24-19 prohibited.
24-20 Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION
24-21 COMPANIES. A state agency may not pay or reimburse the expense of
24-22 transporting a state employee by rented or public conveyance if the
24-23 transportation is provided by a person who is not a commercial
24-24 transportation company.
24-25 Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. The amount
24-26 that a state agency pays or reimburses for a state employee to
24-27 travel between points by commercial airline may not exceed the
25-1 lowest rate available. First class airfare may be paid or
25-2 reimbursed only if it is the only available airfare. Business
25-3 class airfare may be paid or reimbursed only if a lower airfare is
25-4 not available.
25-5 SECTION 18. Chapter 660, Government Code, is amended by
25-6 adding Subchapter F to read as follows:
25-7 SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES
25-8 Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state agency
25-9 shall reimburse a state employee as provided by this subchapter for
25-10 a meal, lodging, or incidental expense incurred by the employee in
25-11 the conduct of state business.
25-12 Sec. 660.112. AMOUNT OF REIMBURSEMENT. The amount a state
25-13 agency reimburses a state employee:
25-14 (1) for meal expenses incurred each day may not exceed
25-15 the limit established by the General Appropriations Act;
25-16 (2) for lodging expenses incurred each day for each
25-17 location may not exceed the limit established by the General
25-18 Appropriations Act; and
25-19 (3) for incidental expenses may not exceed the amount
25-20 of expenses actually incurred.
25-21 Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state
25-22 agency may not reimburse a state employee for a lodging expense
25-23 incurred at a place that is not a commercial lodging establishment.
25-24 (b) A state agency may not reimburse a state employee for a
25-25 meal or lodging expense the employee incurs while traveling:
25-26 (1) outside the employee's designated headquarters for
25-27 less than six consecutive hours unless the employee is a chief
26-1 administrator of a state agency or the General Appropriations Act
26-2 authorizes the reimbursement; or
26-3 (2) within the employee's designated headquarters
26-4 except as provided in Subsection (c).
26-5 (c) A state agency may reimburse a state employee for a meal
26-6 expense incurred within the employee's designated headquarters if:
26-7 (1) the expense is mandatory; and
26-8 (2) the expense is connected with training, a seminar,
26-9 or a conference.
26-10 (d) A state agency may reimburse a state employee for a meal
26-11 expense incurred while traveling without an overnight stay away
26-12 from the employee's designated headquarters only if the chief
26-13 administrator of the agency authorizes the reimbursement.
26-14 (e) A state agency may not reimburse a state employee for
26-15 the purchase of an alcoholic beverage, unless the employee is a
26-16 peace officer who purchased the beverage as a purchase of evidence
26-17 in an administrative or criminal case.
26-18 Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING
26-19 ESTABLISHMENTS. (a) Instead of reimbursing a state employee for a
26-20 lodging expense, a state agency may request a commercial lodging
26-21 establishment to bill the agency directly for the expense. A state
26-22 agency on request shall submit to the comptroller in the manner
26-23 required by the comptroller information, receipts, and other
26-24 documentation about the expense that are acceptable to the
26-25 comptroller.
26-26 (b) If a reimbursement to a state employee for a lodging
26-27 expense would not be authorized, then a direct payment to a
27-1 commercial lodging establishment for the expense is prohibited.
27-2 Sec. 660.115. RECEIPTS. (a) Except as provided by
27-3 Subsections (b) and (c), a state employee who requests
27-4 reimbursement of a lodging expense must submit to the comptroller a
27-5 receipt acceptable to the comptroller. The state employee shall
27-6 submit the receipt at the time and in the manner required by the
27-7 comptroller.
27-8 (b) A chief administrator of a state agency who is not a
27-9 member of a board is not required to submit a lodging receipt to
27-10 the comptroller.
27-11 (c) A member of a board is not required to submit a lodging
27-12 receipt to the comptroller if:
27-13 (1) the member is elected to the board by vote of the
27-14 people; or
27-15 (2) the member serves on the board full-time and is
27-16 paid a salary for that service.
27-17 Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A
27-18 state employee is entitled to be reimbursed for a state, county, or
27-19 local hotel occupancy tax or any similar tax imposed by a law of
27-20 this state, another state, or a foreign country.
27-21 (b) A state employee is entitled to be reimbursed for a
27-22 hotel occupancy or similar tax from which the employee is legally
27-23 exempt only if the employee properly claims the exemption and the
27-24 commercial lodging establishment refuses to honor the exemption.
27-25 (c) If a state agency directly pays a commercial lodging
27-26 establishment under Section 660.114, the agency may directly pay a
27-27 hotel occupancy or similar tax to the establishment.
28-1 Sec. 660.117. APARTMENT OR HOUSE RENTAL EXPENSES. An
28-2 apartment or house rental expense may be reimbursed or paid only
28-3 if:
28-4 (1) the purpose of the rental is the conservation of
28-5 funds; and
28-6 (2) the reimbursement or payment and the rental comply
28-7 with the comptroller's rules.
28-8 Sec. 660.118. INCIDENTAL EXPENSES. A state agency may
28-9 reimburse a state employee for an incidental expense incurred by
28-10 the employee only according to rules adopted by the comptroller.
28-11 SECTION 19. Chapter 660, Government Code, is amended by
28-12 adding Subchapter G to read as follows:
28-13 SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS
28-14 Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) At
28-15 the discretion of each house of the legislature, a member of the
28-16 legislature is entitled to receive:
28-17 (1) an amount equal to the maximum per diem rate in
28-18 the federal travel regulations for the location at which expenses
28-19 are incurred; or
28-20 (2) reimbursement of the actual amount of meals,
28-21 lodging, and incidental expenses incurred.
28-22 (b) Subsection (a) applies to a meal, lodging, or incidental
28-23 expense that a member of the legislature incurs while serving on a
28-24 board.
28-25 (c) If a member of the legislature incurs an expense in a
28-26 location for which the federal travel regulations have not
28-27 specifically established a maximum per diem rate, then the rate is
29-1 equal to the lowest maximum per diem rate for the state, territory,
29-2 possession, or country in which the expense is incurred.
29-3 (d) Except as provided in this subsection, Subchapters C, E,
29-4 and F apply to travel by a member of the legislature in the same
29-5 way that they apply to travel by a state employee. Reimbursement
29-6 to a member of the legislature under those subchapters may be made
29-7 regardless of whether the travel includes travel to or from Austin.
29-8 The subchapters do not apply to travel by a member of the
29-9 legislature to the extent they are inconsistent with this section.
29-10 Sections 660.055, 660.113(b)(1) and (d), and 660.115 do not apply
29-11 to travel by a member of the legislature.
29-12 (e) During a session of the legislature, a member of the
29-13 legislature is entitled to be reimbursed for either a
29-14 transportation expense on the same basis as is provided for state
29-15 employees or mileage on the same basis as is provided for state
29-16 employees.
29-17 Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. A judicial
29-18 officer, a chief administrative officer of a state agency other
29-19 than a member of a board, the executive director of the Texas
29-20 Legislative Council, or the secretary of the senate is entitled to
29-21 reimbursement for actual meals and lodging expenses incurred while
29-22 performing the duties of the person's office or employment. The
29-23 governor's spouse is entitled to reimbursement for actual expenses
29-24 for meals, lodging, and transportation incurred while performing
29-25 the duties of the office at the direction of the governor.
29-26 Sec. 660.143. BOARD MEMBERS. This chapter applies to a
29-27 payment or reimbursement of a travel expense incurred by a member
30-1 of a board only if Subchapter C, Chapter 659, or other applicable
30-2 law authorizes the payment or reimbursement.
30-3 Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES.
30-4 (a) Notwithstanding any other provision of this chapter, a state
30-5 agency may reimburse a state employee or a member of the
30-6 legislature with a disability for attendant care and other
30-7 necessary expenses incurred when the employee or member travels
30-8 inside or outside the employee's or member's designated
30-9 headquarters. However, an expense incurred when traveling between
30-10 a residence and a place of employment may be reimbursed only as
30-11 provided by law for state employees without disabilities.
30-12 (b) If the airfare is medically necessary, a state agency
30-13 may reimburse a state employee or a member of the legislature with
30-14 a disability for the first or business class airfare of:
30-15 (1) the employee or member; and
30-16 (2) the attendant of the employee or member.
30-17 (c) Instead of reimbursing a state employee or a member of
30-18 the legislature for attendant care and other necessary expenses, a
30-19 state agency may:
30-20 (1) reimburse the attendant for those expenses; or
30-21 (2) pay the expenses directly to a commercial
30-22 transportation company if the expenses are for transportation or to
30-23 a commercial lodging establishment if the expenses are for lodging.
30-24 (d) If this chapter, the travel provisions of the General
30-25 Appropriations Act, or a rule adopted by the comptroller under this
30-26 chapter conflicts with a requirement of the Americans with
30-27 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a
31-1 federal regulation adopted under that Act, or another applicable
31-2 federal law or regulation, then the federal law or regulation
31-3 controls to the extent of the conflict.
31-4 Sec. 660.145. DEATH OF STATE EMPLOYEES. A state agency may
31-5 pay or reimburse the expense of preparing and transporting the
31-6 remains and personal property of a state employee who dies while
31-7 conducting official state business outside the employee's
31-8 designated headquarters. The agency may pay or reimburse the
31-9 expense of transporting the remains and personal property either to
31-10 the employee's designated headquarters or to another location
31-11 designated by the executor or administrator of the employee's
31-12 estate. If the remains and personal property are transported to a
31-13 location other than the employee's designated headquarters, then
31-14 the amount of the agency's payment or reimbursement may not exceed
31-15 the amount that would have been paid had the remains and personal
31-16 property been transported to the designated headquarters.
31-17 Sec. 660.146. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES
31-18 AND THEIR FAMILIES. (a) A state agency may pay or reimburse a
31-19 travel expense incurred by a state employee who serves in a law
31-20 enforcement, investigative, or similar capacity if the employee is
31-21 threatened as a result of the employee's official duties.
31-22 (b) A state agency may pay or reimburse a travel expense
31-23 incurred by the family of a state employee who serves in a law
31-24 enforcement, investigative, or similar capacity if the family is
31-25 threatened as a result of the employee's official duties.
31-26 (c) A travel expense is payable or reimbursable under this
31-27 section even if it is incurred within a state employee's designated
32-1 headquarters.
32-2 Sec. 660.147. CONFLICTS WITH OTHER SUBCHAPTERS. In the
32-3 event of a conflict between this subchapter and another provision
32-4 of this chapter, this subchapter controls.
32-5 SECTION 20. Sections 660.005, 660.022, 660.023, 660.026,
32-6 660.043, 660.044, 660.045, 660.046, 660.050, 660.051, 660.053, and
32-7 660.054, Government Code, are repealed.
32-8 SECTION 21. (a) In this section, "travel expense" has the
32-9 meaning assigned by Section 660.002, Government Code, as amended by
32-10 this Act.
32-11 (b) Except as provided by Subsection (c) of this section,
32-12 the changes made to the law by this Act do not apply to a travel
32-13 expense incurred before September 1, 1995. The expense is governed
32-14 by the law in effect at the time the expense was incurred, and that
32-15 law is continued in effect for this purpose.
32-16 (c) The changes made to the law by this Act apply to the
32-17 procedures that must be followed to pay or reimburse a travel
32-18 expense, regardless of when the expense is incurred.
32-19 SECTION 22. This Act takes effect September 1, 1995.
32-20 SECTION 23. The importance of this legislation and the
32-21 crowded condition of the calendars in both houses create an
32-22 emergency and an imperative public necessity that the
32-23 constitutional rule requiring bills to be read on three several
32-24 days in each house be suspended, and this rule is hereby suspended.