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.