By: Armbrister S.B. No. 671
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the travel expenses incurred by state officers and
1-2 employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 660.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 660.002. DEFINITIONS. In this chapter: (1)
1-7 "Appropriated funds" means funds appropriated under the General
1-8 Appropriations Act.
1-9 (2) "Board" means a board, commission, committee,
1-10 council, or similar entity that comprises at least two members and
1-11 is in the executive, legislative, or judicial branch of state
1-12 government.
1-13 (3) "Cancellation charge" means a fee, charge, or
1-14 payment that a provider of travel services assesses or retains
1-15 because of the cancellation of a travel reservation or other travel
1-16 plan.
1-17 (4) <(1)> "Chief administrator of a state agency"
1-18 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>;
2-1 (C) the director of a legislative interim
2-2 committee or board;
2-3 (D) the chief administrator of a state hospital
2-4 or special school; <and>
2-5 (E) the chief administrator of an <a state>
2-6 institution of higher education;
2-7 (F) a first assistant, chief deputy, chief
2-8 clerk, or similar individual employed by a state agency who is
2-9 specifically authorized by law to act for the individual's
2-10 superior; or
2-11 (G) the individual who has the daily
2-12 responsibility for managing the operations of a state agency that
2-13 is governed by a part-time board.
2-14 <(2) "Per diem allowance" means a flat daily rate that
2-15 is paid instead of actual expenses for meals and lodging and is
2-16 compensation for official travel purposes only.>
2-17 (5) "Commercial lodging establishment" means:
2-18 (A) a motel, hotel, inn, apartment, or similar
2-19 person that provides lodging to the public for pay; or
2-20 (B) another person acceptable to the comptroller
2-21 that provides lodging.
2-22 (6) "Commercial transportation company" means a person
2-23 that offers transportation of people or goods to the public for
2-24 pay.
2-25 (7) "Disability" means a physical or mental impairment
3-1 of an individual that substantially limits at least one of the
3-2 individual's major life activities.
3-3 (8) "Duty point" means the destination, other than a
3-4 place of employment, to which a state employee or a member of the
3-5 legislature travels to conduct official state business. If the
3-6 destination is outside the employee's or member's designated
3-7 headquarters, then the duty point is:
3-8 (A) the incorporated municipality in which the
3-9 destination is located; or
3-10 (B) the area within a five-mile radius of the
3-11 destination if the destination is located in an unincorporated
3-12 area.
3-13 (9) "Incidental expense" means an expense incurred
3-14 while traveling on official state business. The term includes a
3-15 mandatory insurance or service charge and an applicable tax except
3-16 a tax on meals. The term does not include a meal, lodging, or
3-17 transportation expense; a personal expense; an expense that a state
3-18 employee or a member of the legislature would incur regardless of
3-19 whether the employee or member were traveling on official state
3-20 business; and a tip or gratuity.
3-21 (10) "Institutional funds" has the meaning assigned by
3-22 Section 51.009, Education Code.
3-23 (11) "Institution of higher education" has the meaning
3-24 assigned by Section 61.003, Education Code.
3-25 (12) "Key official" means a chief administrator of a
4-1 state agency or a person holding a position that has been
4-2 designated as exempt under the General Appropriations Act or by the
4-3 governor under Chapter 654.
4-4 (13) "Lease" means a contract with a term of at least
4-5 one month that gives the lessee possession and use of property or
4-6 equipment while the lessor retains ownership of that property or
4-7 equipment.
4-8 (14) "Place of employment" means the office or other
4-9 location at which a state employee or a member of the legislature
4-10 most frequently conducts official state business.
4-11 (15) "Prospective state employee" means an individual
4-12 that a state agency considers for employment with the agency. The
4-13 term includes a state employee of a state agency who is considered
4-14 for employment by another state agency.
4-15 (16) "Rented or public conveyance" means a motor
4-16 vehicle, train, aircraft, boat, or bicycle that a state employee or
4-17 a member of the legislature rents or pays a fare to use on a
4-18 short-term basis.
4-19 (17) "State agency" means:
4-20 (A) a unit of state government that uses
4-21 appropriated funds to pay or reimburse a travel expense of a state
4-22 employee or a member of the legislature;
4-23 (B) the Teacher Retirement System of Texas; or
4-24 (C) the Employees Retirement System of Texas.
4-25 (18) "State employee" means a person employed by a
5-1 state agency. The term includes a key official unless this chapter
5-2 specifically provides otherwise.
5-3 (19) "Travel expense" means a meal, lodging,
5-4 transportation, or incidental expense.
5-5 (20) "Unit of state government" includes an
5-6 institution of higher education.
5-7 SECTION 2. Subchapter A, Chapter 660, Government Code, is
5-8 amended by adding Section 660.0021 to read as follows:
5-9 Sec. 660.0021. DESIGNATED HEADQUARTERS. (a) The designated
5-10 headquarters of a state employee or a member of the legislature is
5-11 the area within the boundaries of the incorporated municipality
5-12 where the employee's or member's place of employment is located.
5-13 (b) If the place of employment of a state employee or a
5-14 member of the legislature is located within an unincorporated area,
5-15 then the area within a five-mile radius of the place of employment
5-16 is the employee's or member's designated headquarters.
5-17 (c) If an incorporated or unincorporated municipality or
5-18 area is completely surrounded by the incorporated municipality in
5-19 which the place of employment of a state employee or a member of
5-20 the legislature is located, then the employee's or member's
5-21 designated headquarters includes the surrounded municipality or
5-22 area.
5-23 SECTION 3. Section 660.003, Government Code, is amended to
5-24 read as follows:
5-25 Sec. 660.003. GENERAL PROVISIONS <APPLICABILITY>.
6-1 (a) Except where in conflict with this chapter, the General
6-2 Appropriations Act and the rules adopted by the comptroller under
6-3 this chapter govern the procedures, amounts, timing, limits,
6-4 required documentation, permissible payees, distinctions between
6-5 different types of state employees, and all other details
6-6 concerning travel expense payments or reimbursements by a state
6-7 agency.
6-8 (b) Except as provided in Subsections (c) and (d), this
6-9 chapter and the travel provisions of the General Appropriations Act
6-10 apply to a travel expense only to the extent that appropriated
6-11 funds are used to pay or reimburse the expense.
6-12 (c) This chapter and the travel provisions of the General
6-13 Appropriations Act apply to a travel expense paid or reimbursed by
6-14 the Employees Retirement System of Texas or the Teacher Retirement
6-15 System of Texas, regardless of whether the funds used to make the
6-16 payment or reimbursement are appropriated funds.
6-17 (d) A law outside this chapter which says that this chapter
6-18 or the travel provisions of the General Appropriations Act, or
6-19 both, apply to a travel expense prevails over anything to the
6-20 contrary in this chapter.
6-21 (e) A state agency may pay or reimburse a travel expense
6-22 only if <This chapter applies to>:
6-23 (1) the expense is reasonable and necessary <a state
6-24 officer>;
6-25 (2) the purpose of the travel clearly involves
7-1 official state business and is consistent with the agency's legal
7-2 authority <a chief administrator of a state agency>; and
7-3 (3) the expense and the travel during which the
7-4 expense is incurred comply with <a state employee; and>:
7-5 (A) this chapter;
7-6 (B) the rules adopted by the comptroller under
7-7 this chapter; and
7-8 (C) the General Appropriations Act.
7-9 <(4) a prospective state employee who incurs expenses
7-10 when requested to visit a state agency, department, or institution
7-11 of higher education for an employment interview and evaluation.>
7-12 (f) This chapter does not apply to the extent necessary to
7-13 avoid conflict with a federal law or regulation.
7-14 SECTION 4. Section 660.004, Government Code, is amended to
7-15 read as follows:
7-16 Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED <INCURRED>
7-17 BY <OFFICIALS OR EMPLOYEES OF> INSTITUTIONS OF HIGHER EDUCATION.
7-18 (a) This chapter does not apply to a <reimbursement for> travel
7-19 expense <expenses> to the extent an institution of higher education
7-20 pays or reimburses the expense from institutional funds<:>
7-21 <(1) incurred by an official or employee of the
7-22 athletic department of an institution of higher education;>
7-23 <(2) to an official or employee of an institution of
7-24 higher education from a gift or bequest; or>
7-25 <(3) of an official or employee of an institution of
8-1 higher education if the expenses are paid or reimbursed to the
8-2 institution under a contract between the institution and the
8-3 federal government or another contracting agency>.
8-4 (b) The governing board of an <each> institution of higher
8-5 education shall adopt <necessary> rules as necessary to administer
8-6 and control travel expense payments and reimbursements that are
8-7 exempt from this chapter under Subsection (a) <for the
8-8 administration and control of travel by an official or employee
8-9 exempted by this section>.
8-10 SECTION 5. Section 660.005, Government Code, is repealed.
8-11 SECTION 6. Subchapter A, Chapter 660, Government Code, is
8-12 amended by adding Sections 660.006-660.016 to read as follows:
8-13 Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
8-14 state agency that provides advance authorization to a prospective
8-15 state employee to visit the agency for an interview or other
8-16 employment evaluation may:
8-17 (1) reimburse the prospective state employee for a
8-18 travel expense incurred while visiting the agency; or
8-19 (2) pay a vendor for a travel expense incurred by the
8-20 prospective state employee while visiting the agency.
8-21 (b) A state agency shall treat a prospective state employee
8-22 as a state employee for the purposes of:
8-23 (1) determining the amount of a reimbursement or a
8-24 payment to a vendor; and
8-25 (2) all other requirements in this chapter regarding a
9-1 reimbursement or a payment to a vendor.
9-2 Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency
9-3 shall minimize the travel expenses paid or reimbursed by the
9-4 agency. The agency shall ensure that each travel arrangement is
9-5 the most cost-effective considering all relevant circumstances.
9-6 (b) A state agency may specify a travel expense payment or
9-7 reimbursement rate that is less than the maximum rate specified in
9-8 this chapter or the General Appropriations Act. The lower rate
9-9 applies only to a travel expense incurred after the agency has
9-10 notified the affected individuals in writing about the rate. The
9-11 agency is solely responsible for enforcing the rate.
9-12 Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A
9-13 state agency may pay or reimburse a state employee for a travel
9-14 expense the employee incurs while using personal or compensatory
9-15 leave if:
9-16 (1) the leave is used while the employee is away from
9-17 the employee's designated headquarters;
9-18 (2) the primary purpose of the employee being away is
9-19 to conduct official state business; and
9-20 (3) the agency determines that returning the employee
9-21 to the employee's designated headquarters while using the leave
9-22 would not be cost-effective or would be impracticable.
9-23 Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.
9-24 A state agency may pay or reimburse a state employee or a member of
9-25 the legislature for a travel expense the employee or member incurs
10-1 while being unable to conduct official state business because of a
10-2 natural disaster or similar natural occurrence if the expense would
10-3 be payable or reimbursable had official state business been
10-4 conducted.
10-5 Sec. 660.010. RETURNING TO A DESIGNATED HEADQUARTERS;
10-6 TRAVELING TO A DUTY POINT. (a) A state agency that requires a
10-7 state employee on personal or compensatory leave to return to the
10-8 employee's designated headquarters from another location may pay or
10-9 reimburse the employee for a travel expense incurred by the
10-10 employee while traveling to the headquarters. The agency may pay
10-11 or reimburse a travel expense incurred by the employee while
10-12 traveling back to the location at which the employee was staying
10-13 while on leave if the employee resumes leave status.
10-14 (b) A state agency that requires a state employee on
10-15 personal or compensatory leave at a location outside the employee's
10-16 designated headquarters to travel to a duty point may pay or
10-17 reimburse the employee for a travel expense incurred by the
10-18 employee while traveling to the duty point. The agency may pay or
10-19 reimburse a travel expense incurred by the employee while traveling
10-20 back to the location at which the employee was staying while on
10-21 leave if the employee resumes leave status.
10-22 (c) A state agency may pay or reimburse a state employee or
10-23 a member of the legislature for a travel expense incurred when the
10-24 employee or member returns, before official state business is
10-25 completed, from a duty point to the employee's or member's
11-1 designated headquarters because of an illness or personal
11-2 emergency.
11-3 Sec. 660.011. DEATH OF STATE EMPLOYEES. A state agency may
11-4 pay or reimburse the expense of preparing and transporting the
11-5 remains and personal property of a state employee who dies while
11-6 conducting official state business outside the employee's
11-7 designated headquarters. The agency may pay or reimburse the
11-8 expense of transporting the remains and personal property to the
11-9 employee's designated headquarters or another location designated
11-10 by the executor or administrator of the employee's estate. If the
11-11 remains and personal property are transported to a location other
11-12 than the designated headquarters, then the amount of the agency's
11-13 payment or reimbursement may not exceed the amount that would have
11-14 been paid had they been transported to the designated headquarters.
11-15 Sec. 660.012. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES
11-16 AND THEIR FAMILIES. (a) A state agency may pay or reimburse a
11-17 travel expense incurred by a state employee who serves in a law
11-18 enforcement, investigative, or similar capacity if the employee is
11-19 threatened as a result of the employee's official duties.
11-20 (b) A state agency may pay or reimburse a travel expense
11-21 incurred by the family of a state employee who serves in a law
11-22 enforcement, investigative, or similar capacity if the family is
11-23 threatened as a result of the employee's official duties.
11-24 (c) A travel expense is payable or reimbursable under this
11-25 section even if incurred within a state employee's designated
12-1 headquarters.
12-2 Sec. 660.013. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER
12-3 AGENCIES. A state agency may pay or reimburse a travel expense of
12-4 a state employee of another state agency if the employee incurred
12-5 the expense while providing services to the paying or reimbursing
12-6 agency.
12-7 Sec. 660.014. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL
12-8 AGENTS. (a) If a state agency may directly pay a commercial
12-9 lodging establishment or a commercial transportation company under
12-10 this chapter, then the agency may instead pay a credit card issuer
12-11 or a travel agency for the lodging or transportation.
12-12 (b) The documentation required for direct payment to a
12-13 commercial lodging establishment or commercial transportation
12-14 company is also required for payment to a credit card issuer or a
12-15 travel agency.
12-16 Sec. 660.015. CANCELLATION CHARGES. A state agency may pay
12-17 or reimburse a state employee or a member of the legislature for a
12-18 cancellation charge if:
12-19 (1) the charge is incurred for a reason related to
12-20 official state business or because of a natural disaster or similar
12-21 natural occurrence; or
12-22 (2) the charge is:
12-23 (A) related to a transportation expense that was
12-24 paid in advance to obtain lower rates; and
12-25 (B) incurred because the employee or member who
13-1 was anticipated to use the transportation cannot because of an
13-2 illness or a personal emergency.
13-3 Sec. 660.016. EDUCATION OF EMPLOYEES. (a) A state agency
13-4 shall educate its state employees about the provisions of this
13-5 chapter, the travel provisions of the General Appropriations Act,
13-6 and the rules adopted by the comptroller under this chapter.
13-7 (b) A state agency's failure or inability to educate a state
13-8 employee as required by Subsection (a) does not excuse or justify
13-9 the employee's failure to comply with those laws or rules.
13-10 SECTION 7. Section 660.047, Government Code, is renumbered
13-11 as Section 660.017, Government Code, transferred to Subchapter A,
13-12 Chapter 660, Government Code, and amended to read as follows:
13-13 Sec. 660.017 <660.047>. PROHIBITION AGAINST ACCEPTING MONEY
13-14 OR TRAVEL EXPENSE REIMBURSEMENTS <APPLICABLE TO ACCEPTANCE OF
13-15 MONEY> FROM CERTAIN PERSONS. (a) Unless authorized by law, a <A>
13-16 state <officer or> employee or member of the legislature <who is
13-17 traveling to perform an official duty> may not accept money for
13-18 wages or a travel expense reimbursement <expenses> from a person
13-19 that the state intends to audit, examine, or investigate or <who>
13-20 is auditing, examining, or investigating <or who may be audited,
13-21 examined, inspected, or investigated by the state>.
13-22 (b) A state <officer or> employee or member of the
13-23 legislature who violates Subsection (a) shall forfeit the money or
13-24 travel expense reimbursement to the state <is traveling to perform
13-25 an official duty may receive travel expenses only from amounts
14-1 appropriated by the General Appropriations Act>.
14-2 (c) <The> Subsections (a) and (b) are in addition to any
14-3 other prohibitions, penalties, and forfeitures imposed or required
14-4 by other law <comptroller may not pay the salary of a state
14-5 employee who violates this section>.
14-6 SECTION 8. Section 660.048, Government Code, is renumbered
14-7 as Section 660.018, Government Code, transferred to Subchapter A,
14-8 Chapter 660, Government Code, and amended to read as follows:
14-9 Sec. 660.018 <660.048>. EXCESS REIMBURSEMENTS <OVERPAYMENT>.
14-10 A state <officer or> employee or member of the legislature who
14-11 receives a reimbursement of a <an overpayment for a> travel expense
14-12 <from money appropriated by the General Appropriations Act> that
14-13 exceeds the amount the employee or member may receive under this
14-14 chapter or the General Appropriations Act shall immediately return
14-15 the amount of the excess <reimburse the state for the overpayment>.
14-16 SECTION 9. Section 660.049, Government Code, is renumbered
14-17 as Section 660.019, Government Code, transferred to Subchapter A,
14-18 Chapter 660, Government Code, and amended to read as follows:
14-19 Sec. 660.019 <660.049>. MULTIPLE ADVANCES OR REIMBURSEMENTS
14-20 FOR A <PROHIBITION APPLICABLE TO> TRAVEL EXPENSE <COMPENSATION BY
14-21 OTHER PERSONS>. <(a)> A state <officer or> employee or member of
14-22 the legislature may not accept a reimbursement or advance for a
14-23 travel expense from more than one source <receive a double travel
14-24 expense payment>. <(b)> A state employee or member of the
14-25 legislature who anticipates receiving or actually receives a
15-1 reimbursement or advance for a <is to be compensated for> travel
15-2 expense <expenses> from a person other than a state agency may
15-3 <not> seek an advance <payment> or <receive a> reimbursement for
15-4 the expense <travel> from a state agency only to the extent that
15-5 the amount of the person's advance or reimbursement is less than
15-6 the amount of the total expense incurred <money authorized by the
15-7 General Appropriations Act>.
15-8 SECTION 10. Section 660.021, Government Code, is amended to
15-9 read as follows:
15-10 Sec. 660.021. RULES. The comptroller shall adopt rules for
15-11 the effective and efficient administration <to administer the
15-12 travel regulations> of this chapter and the travel provisions of
15-13 the General Appropriations Act.
15-14 SECTION 11. Sections 660.022 and 660.023, Government Code,
15-15 are repealed.
15-16 SECTION 12. Section 660.024, Government Code, is amended to
15-17 read as follows:
15-18 Sec. 660.024. ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL
15-19 TRAVEL. (a) A state agency may not pay or reimburse a <Travel
15-20 related to official state business for which a reimbursement for>
15-21 travel expense incurred by a state employee unless <expenses is
15-22 claimed or for which an advance for travel expenses to be incurred
15-23 is sought must have the advance written approval of> the governor
15-24 provides written approval of the travel before it begins. The
15-25 governor may condition the governor's approval on the employee not
16-1 incurring travel expenses above a specified amount.
16-2 (b) Subsection (a) applies to a travel expense only if it is
16-3 incurred while traveling to, in, or from a destination that is not
16-4 in <does not apply to travel>:
16-5 (1) <in this state> the United States; <or>
16-6 (2) a possession of the United States <to, in, and
16-7 from another state,>;
16-8 (3) Mexico<,>; or
16-9 (4) Canada.
16-10 (c) The governor may give general approval <blanket
16-11 authority> for international travel by:
16-12 (1) personnel of the International Trade Development
16-13 Division of the Texas Department of Commerce; and
16-14 (2) law enforcement personnel of the Department of
16-15 Public Safety.
16-16 (d) If the governor's approval is required by this section,
16-17 the comptroller may require proof of that approval.
16-18 (e) The governor may designate an employee of the governor's
16-19 office to provide the approvals required by this section.
16-20 SECTION 13. Section 660.025, Government Code, is amended to
16-21 read as follows:
16-22 Sec. 660.025. ADVANCE PAYMENT PROCEDURE. (a) The
16-23 comptroller by rule shall establish a procedure by which travel
16-24 expense money may be advanced to a state <officer or> employee or a
16-25 member of the legislature <may receive an advance payment for
17-1 projected travel expenses for a particular exercise of official
17-2 duty>. The procedures must be consistent with the requirements of
17-3 Section 403.248.
17-4 (b) Money may not be advanced to a state employee or a
17-5 member of the legislature for a travel expense unless the expense
17-6 is payable or reimbursable under this chapter, the travel
17-7 provisions of the General Appropriations Act, and the rules adopted
17-8 by the comptroller under this chapter. <The comptroller shall
17-9 require a final accounting after actual travel expense has been
17-10 determined to provide for any necessary reimbursement or adjustment
17-11 to reconcile an advance and the actual expense incurred.>
17-12 SECTION 14. Section 660.026, Government Code, is repealed.
17-13 SECTION 15. Section 660.041, Government Code, is renumbered
17-14 as Section 660.027, Government Code, transferred to Subchapter B,
17-15 Chapter 660, Government Code, and amended to read as follows:
17-16 Sec. 660.027 <660.041>. VOUCHERS <TRAVEL EXPENSE FORM>.
17-17 (a) The comptroller may issue a warrant or initiate an electronic
17-18 funds transfer to pay or reimburse a travel expense only if a state
17-19 agency submits to the comptroller a voucher that requests the
17-20 payment or reimbursement.
17-21 (b) A voucher submitted under Subsection (a) is valid only
17-22 if:
17-23 (1) the state agency submitting the voucher approves
17-24 it according to Chapter 2103 and, if required by law, certifies the
17-25 voucher; and
18-1 (2) the state employee or the member of the
18-2 legislature who incurred the travel expense or, if the employee or
18-3 member is unavailable, another individual acceptable to the
18-4 comptroller approves the voucher in writing or electronically.
18-5 (c) A voucher must be submitted in the manner required and
18-6 on the form adopted by the comptroller. The comptroller may
18-7 require the voucher to be submitted electronically as authorized by
18-8 Chapter 2103. <The comptroller shall prescribe the form on which a
18-9 travel expense is to be submitted.>
18-10 (d) A voucher must describe the official state business
18-11 performed and be accompanied by the information the comptroller
18-12 needs to determine compliance with this chapter, the rules adopted
18-13 by the comptroller under this chapter, and the General
18-14 Appropriations Act.
18-15 (e) The comptroller may require a state agency to provide
18-16 the information required by Subsection (d):
18-17 (1) on the form adopted by the comptroller under
18-18 Subsection (c);
18-19 (2) by submitting information, receipts, and other
18-20 documentation; or
18-21 (3) by a combination of the preceding.
18-22 SECTION 16. Section 660.042, Government Code, is renumbered
18-23 as Section 660.028, Government Code, transferred to Subchapter B,
18-24 Chapter 660, Government Code, and amended to read as follows:
18-25 Sec. 660.028 <660.042>. AUDITS <USE OF TRAVEL EXPENSE FORM>.
19-1 (a) The comptroller shall audit a voucher either before or after
19-2 the comptroller issues a warrant or initiates an electronic funds
19-3 transfer in response to the voucher. The audit must be conducted
19-4 according to Sections 403.011(12), 403.071, and 403.079. <A state
19-5 agency shall use the standard travel expense form prescribed by the
19-6 comptroller in preparing an expense account for a traveling state
19-7 employee.>
19-8 (b) This subsection applies only if the comptroller audits a
19-9 state agency's voucher after the comptroller issues a warrant or
19-10 initiates an electronic funds transfer in response to the voucher.
19-11 The comptroller may require the agency to maintain in its files the
19-12 information, receipts, and other documentation that relate to the
19-13 voucher until the comptroller audits the voucher. <The travel
19-14 expense form must state:>
19-15 <(1) the point of origin and the point of destination
19-16 for each trip;>
19-17 <(2) the reimbursable mileage, including intracity
19-18 mileage, that is traveled or projected between each point;>
19-19 <(3) the time that the employee is away or plans to be
19-20 away from designated headquarters for which the employee is or will
19-21 be entitled to travel expenses; and>
19-22 <(4) briefly and clearly the purpose of the trip and
19-23 the character of official business performed or to be performed.>
19-24 (c) This subsection applies only to a state agency that pays
19-25 or reimburses a travel expense without first submitting a voucher
20-1 to the comptroller. The comptroller may audit the payment or
20-2 reimbursement for compliance with this chapter and the travel
20-3 provisions of the General Appropriations Act. The comptroller may
20-4 report the results of the audit to the governor, the lieutenant
20-5 governor, the speaker of the house of representatives, the state
20-6 auditor, and the Legislative Budget Board. The agency shall
20-7 cooperate with the comptroller and make available the information,
20-8 receipts, and other documentation required by the comptroller at
20-9 the time and in the manner required by the comptroller.
20-10 (d) The comptroller may require a state agency to maintain
20-11 in its files for the period required by the comptroller the
20-12 information, receipts, and other documentation about a travel
20-13 expense payment or reimbursement.
20-14 SECTION 17. The heading of Subchapter C, Chapter 660,
20-15 Government Code, is amended to read as follows:
20-16 SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE
20-17 <TRAVEL EXPENSES>.
20-18 SECTION 18. Subchapter C, Chapter 660, Government Code, is
20-19 amended by adding Sections 660.0411 and 660.0421 to read as
20-20 follows:
20-21 Sec. 660.0411. REIMBURSEMENT REQUIREMENT. (a) A state
20-22 employee is entitled to be reimbursed for the employee's use of a
20-23 personally owned or leased motor vehicle as provided by this
20-24 subchapter.
20-25 (b) A state employee may not be reimbursed under this
21-1 subchapter for an expense other than mileage, tolls, and parking.
21-2 Sec. 660.0421. AMOUNT OF REIMBURSEMENT. A mileage
21-3 reimbursement may not exceed the product of:
21-4 (1) the applicable mileage reimbursement rate as
21-5 established by the legislature in the General Appropriations Act;
21-6 and
21-7 (2) the miles traveled as limited by this subchapter.
21-8 SECTION 19. Sections 660.043, 660.044, 660.045, 660.046,
21-9 660.050, and 660.051 Government Code, are repealed.
21-10 SECTION 20. Section 660.052, Government Code, is amended to
21-11 read as follows:
21-12 Sec. 660.052. DETERMINATION OF REIMBURSABLE MILEAGE <FOR
21-13 TRAVEL BY PRIVATELY OWNED CONVEYANCE>. (a) The miles traveled
21-14 that are eligible for reimbursement under this subchapter may not
21-15 exceed the lowest mileage between the origin and the final duty
21-16 point. If a state employee conducts official state business at
21-17 duty points between the origin and the final duty point, then the
21-18 lowest mileage must be determined by including the business
21-19 conducted at the intermediate duty points. Farm-to-market and
21-20 ranch-to-market roads shall be considered when determining the
21-21 lowest mileage between points in this state. <The comptroller
21-22 shall determine mileage for the purpose of a reimbursement or
21-23 advance payment for travel by a privately owned conveyance by:>
21-24 <(1) computing the shortest highway distance between
21-25 the point of origin and the destination using intermediate points
22-1 at which official state business is conducted; and>
22-2 <(2) adding other necessary mileage at points at which
22-3 official state business is conducted.>
22-4 (b) The comptroller shall periodically adopt a mileage guide
22-5 that includes a chart showing the lowest mileage between points.
22-6 Unless mileage is itemized on a point-to-point basis on a voucher,
22-7 the lowest mileage between two points for the purpose of Subsection
22-8 (a) is the mileage between the points as shown in the guide. If
22-9 the mileage between points is not shown in the guide, then the
22-10 mileage is not reimbursable unless the mileage is itemized on a
22-11 point-to-point basis on a voucher.
22-12 SECTION 21. Sections 660.053 and 660.054, Government Code,
22-13 are repealed.
22-14 SECTION 22. Section 660.055, Government Code, is amended to
22-15 read as follows:
22-16 Sec. 660.055. MULTIPLE USE OF SINGLE MOTOR VEHICLE
22-17 <PRIVATELY OWNED CAR>. (a) If two, three, or four state <officers
22-18 or> employees who are employed by the same state agency travel on
22-19 the same itinerary, dates, and official state business <in a
22-20 privately owned car>, then only one of those employees may be
22-21 reimbursed <reimbursement or advance payment> for <the car's>
22-22 mileage <may be claimed and allowed>.
22-23 <(b) The comptroller shall consider the travel claims of the
22-24 officers and employees as multiple claims and may pay only one
22-25 claim to the extent of mileage claimed.>
23-1 (b) <(c)> If more than four state employees who are employed
23-2 by the same state agency travel on the same itinerary, dates, and
23-3 official state business <in more than one car>, then a state agency
23-4 may reimburse for <full> mileage <is allowed> only on the basis of
23-5 <for> one motor vehicle <car> for each four employees and for each
23-6 <any> fraction in excess of a multiple of four employees.
23-7 (c) <(d)> Subsections (a) and (b) do not apply to a group of
23-8 state employees if the chief administrative officer of the state
23-9 agency that employs the employees determines before travel that <A
23-10 state officer or employee must obtain the advance approval of the
23-11 chief administrator of the officer's or employee's state agency if>
23-12 it is not feasible for the employees <officer or employee> to
23-13 travel together in the same motor vehicle <car>. This
23-14 determination may be made only for reasons related to official
23-15 state business. <Approval under this subsection authorizes
23-16 reimbursement or advance payment for travel by the officer or
23-17 employee using the officer's or employee's privately owned car.>
23-18 <(e) This section applies only to state officers or
23-19 employees who:>
23-20 <(1) are employed by the same state agency;>
23-21 <(2) are required to travel on the same official state
23-22 business;>
23-23 <(3) have the same itinerary; and>
23-24 <(4) travel on the same dates.>
23-25 SECTION 23. Chapter 660, Government Code, is amended by
24-1 adding Subchapter D to read as follows:
24-2 SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT.
24-3 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
24-4 a key official, a member of a board, or a member of the legislature
24-5 is entitled to reimbursement for use of an aircraft owned or leased
24-6 by the employee, official, or member according to this subchapter.
24-7 Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement
24-8 under this subchapter may not exceed the product of:
24-9 (1) the aircraft mileage reimbursement rate
24-10 established in the General Appropriations Act; and
24-11 (2) the highway mileage between the designated
24-12 headquarters and duty point of the state employee, key official,
24-13 member of a board, or member of the legislature.
24-14 Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The
24-15 General Appropriations Act may establish different aircraft mileage
24-16 rates:
24-17 (1) for travel in:
24-18 (A) a single engine aircraft;
24-19 (B) a twin engine aircraft; and
24-20 (C) a turbine powered aircraft; and
24-21 (2) for travel by:
24-22 (A) a state employee;
24-23 (B) a key official;
24-24 (C) a member of a board; and
24-25 (D) a member of the legislature.
25-1 Sec. 660.074. GROUP TRAVEL. (a) This subsection applies to
25-2 a key official, member of a board, or a member of the legislature
25-3 who travels with another official or member in an aircraft owned or
25-4 leased by the other official or member. The official or member
25-5 flying with the owner or lessee of the aircraft is entitled to an
25-6 amount equal to the amount that would have been paid or reimbursed
25-7 had the official or member paid the average economy or coach
25-8 airfare.
25-9 (b) The comptroller shall adopt procedures under which
25-10 reimbursements to key officials, members of boards, and members of
25-11 the legislature under Section 660.071 and Subsection (a) may be
25-12 aggregated into a single payment and paid either to the individual
25-13 owning or leasing the aircraft or to a vendor providing a leased
25-14 aircraft. The aggregate reimbursement may not exceed the actual
25-15 expense of the trip.
25-16 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
25-17 official, a member of a board, or a member of the legislature is
25-18 entitled to reimbursement under this subchapter for use of an
25-19 aircraft leased from a proprietorship, partnership, or corporation
25-20 in which the official or member has an interest.
25-21 SECTION 24. Chapter 660, Government Code, is amended by
25-22 adding Subchapter E to read as follows:
25-23 SUBCHAPTER E. TRANSPORTATION BY RENTED OR
25-24 PUBLIC CONVEYANCE.
25-25 Sec. 660.091. GENERAL PROVISION. A state agency shall pay
26-1 the expense of transporting a state employee by rented or public
26-2 conveyance according to this subchapter.
26-3 Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A
26-4 state agency may pay the expense by:
26-5 (1) reimbursing the employee as provided by Subsection
26-6 (b);
26-7 (2) directly paying the expense as provided by
26-8 Subsection (c); or
26-9 (3) directly paying the expense in advance of travel
26-10 as provided by Subsection (d).
26-11 (b) If a state agency reimburses a state employee, then
26-12 receipts acceptable to the comptroller for the transportation must
26-13 be submitted to the comptroller upon request and in the manner
26-14 required by the comptroller. Receipts for mass transit, taxi, or
26-15 limousine fares are not required to be submitted.
26-16 (c) A state agency may request a commercial transportation
26-17 company to furnish transportation to the agency's state employees
26-18 and to bill the agency monthly for that transportation. The
26-19 company shall list on its invoices to the agency the points of
26-20 origin and destination for each trip and the taxes charged. The
26-21 agency shall submit those invoices to the comptroller upon request
26-22 and in the manner required by the comptroller.
26-23 (d) A state agency may directly pay a commercial
26-24 transportation company before the travel of a state employee if the
26-25 payment would result in a lower transportation expense. The
27-1 comptroller may adopt rules that authorize advance payments in
27-2 other circumstances.
27-3 (e) If a reimbursement to a state employee for a
27-4 transportation expense would not be authorized, then a direct
27-5 payment to a commercial transportation company for the expense is
27-6 prohibited.
27-7 Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION
27-8 COMPANIES. A state agency may not pay or reimburse the expense of
27-9 transporting a state employee by rented or public conveyance if the
27-10 transportation is provided by a person who is not a commercial
27-11 transportation company.
27-12 Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. The amount
27-13 that a state agency pays or reimburses for a state employee to
27-14 travel between points by commercial airline may not exceed the
27-15 lowest rate available. First class airfare may be paid or
27-16 reimbursed only if it is the only available airfare. Business
27-17 class airfare may be paid or reimbursed only if a lower airfare is
27-18 not available.
27-19 SECTION 25. Chapter 660, Government Code, is amended by
27-20 adding Subchapter F to read as follows:
27-21 SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES.
27-22 Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state agency
27-23 shall reimburse a state employee for a meal, lodging, or incidental
27-24 expense incurred by the employee according to this subchapter.
27-25 Sec. 660.112. AMOUNT OF REIMBURSEMENT. The amount a state
28-1 agency reimburses a state employee:
28-2 (1) for meal expenses incurred each day may not exceed
28-3 the limit established by the General Appropriations Act;
28-4 (2) for lodging expenses incurred each day for each
28-5 location may not exceed the limit established by the General
28-6 Appropriations Act; and
28-7 (3) for incidental expenses may not exceed the amount
28-8 of expenses actually incurred.
28-9 Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state
28-10 agency may not reimburse a state employee for a lodging expense
28-11 incurred at a place that is not a commercial lodging establishment.
28-12 (b) A state agency may not reimburse a state employee for a
28-13 meal or lodging expense the employee incurs while traveling:
28-14 (1) outside the employee's designated headquarters for
28-15 fewer than six consecutive hours unless either the employee is a
28-16 chief administrator of a state agency or the General Appropriations
28-17 Act authorizes the reimbursement; or
28-18 (2) within the employee's designated headquarters
28-19 except as provided in Subsection (c).
28-20 (c) A state agency may reimburse a state employee for a meal
28-21 expense incurred within the employee's designated headquarters if:
28-22 (1) the expense is mandatory; and
28-23 (2) the expense is connected with training, a seminar,
28-24 or a conference.
28-25 (d) A state agency may reimburse a state employee for a meal
29-1 expense incurred while traveling without an overnight stay away
29-2 from the employee's designated headquarters only if the chief
29-3 administrator of the agency authorizes the reimbursement.
29-4 (e) A state agency may not reimburse a state employee for
29-5 the purchase of an alcoholic beverage.
29-6 Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING
29-7 ESTABLISHMENTS. (a) Instead of reimbursing a state employee for a
29-8 lodging expense, a state agency may request a commercial lodging
29-9 establishment to bill the agency directly for the expense.
29-10 Information, receipts, and other documentation about the expense
29-11 that are acceptable to the comptroller must be submitted to the
29-12 comptroller upon request and in the manner required by the
29-13 comptroller.
29-14 (b) If a reimbursement to a state employee for a lodging
29-15 expense would not be authorized, then a direct payment to a
29-16 commercial lodging establishment for the expense is prohibited.
29-17 Sec. 660.115. RECEIPTS. (a) Except as provided in
29-18 Subsections (b) and (c), a state employee who requests
29-19 reimbursement of a lodging expense must submit to the comptroller a
29-20 receipt acceptable to the comptroller. The receipt must be
29-21 submitted at the time and in the manner required by the
29-22 comptroller.
29-23 (b) A chief administrator of a state agency who is not a
29-24 member of a board is not required to submit a lodging receipt to
29-25 the comptroller.
30-1 (c) A member of a board is not required to submit a lodging
30-2 receipt to the comptroller if:
30-3 (1) the member is elected to the board by vote of the
30-4 people; or
30-5 (2) the member serves on the board full time and is
30-6 paid a salary for that service.
30-7 Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A
30-8 state employee is entitled to be reimbursed for a state, county, or
30-9 local hotel occupancy tax or any similar tax imposed by a law of
30-10 this state, another state, or a foreign country.
30-11 (b) A state employee is entitled to be reimbursed for a
30-12 hotel occupancy or similar tax from which the employee is legally
30-13 exempt only if the employee properly claims the exemption and the
30-14 commercial lodging establishment refuses to honor the exemption.
30-15 (c) If a state agency directly pays a commercial lodging
30-16 establishment under Section 660.113, the agency may directly pay a
30-17 hotel occupancy or similar tax to the establishment.
30-18 Sec. 660.117. APARTMENT RENTAL EXPENSES. An apartment
30-19 rental expense may be reimbursed or paid only if:
30-20 (1) the purpose of the rental is the conservation of
30-21 funds; and
30-22 (2) the reimbursement or payment and the rental comply
30-23 with the comptroller's rules.
30-24 Sec. 660.118. INCIDENTAL EXPENSES. A state agency may
30-25 reimburse a state employee for an incidental expense incurred by
31-1 the employee only according to rules adopted by the comptroller.
31-2 SECTION 26. Chapter 660, Government Code, is amended by
31-3 adding Subchapter G to read as follows:
31-4 SUBCHAPTER G. SPECIAL PROVISIONS.
31-5 Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) At
31-6 the discretion of each house of the legislature, a member of the
31-7 legislature is entitled to receive:
31-8 (1) an amount equal to the maximum per diem rate in
31-9 the federal travel regulations for the location at which expenses
31-10 are incurred; or
31-11 (2) reimbursement of the actual amount of meals,
31-12 lodging, and incidental expenses incurred.
31-13 (b) Subsection (a) applies to a meal, lodging, or incidental
31-14 expense that a member of the legislature incurs while serving on a
31-15 board.
31-16 (c) If a member of the legislature incurs an expense in a
31-17 location for which the federal travel regulations have not
31-18 specifically established a maximum per diem rate, then the rate is
31-19 equal to the lowest maximum per diem rate for the state, territory,
31-20 possession, or country in which the expense is incurred.
31-21 (d) Except as provided in this subsection, Subchapters C, E,
31-22 and F apply to travel by a member of the legislature in the same
31-23 way that they apply to travel by a state employee. Reimbursement
31-24 to a member of the legislature under those subchapters may be made
31-25 regardless of whether the travel includes travel to or from Austin.
32-1 The subchapters do not apply to travel by a member of the
32-2 legislature to the extent they are inconsistent with this section.
32-3 Sections 660.055, 660.113(b)(1) and (d), and 660.115 do not apply
32-4 to travel by a member of the legislature.
32-5 (e) During a session of the legislature, a member of the
32-6 legislature is entitled to be reimbursed for either a
32-7 transportation expense on the same basis as is provided for state
32-8 employees or mileage on the same basis as is provided for state
32-9 employees.
32-10 Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. A judicial
32-11 officer, a chief administrative officer of a state agency other
32-12 than a member of a board, the executive director of the Texas
32-13 Legislative Council, or the secretary of the senate is entitled to
32-14 reimbursement for actual meals and lodging expenses incurred while
32-15 performing the duties of the person's office or employment.
32-16 Sec. 660.143. BOARD MEMBERS. This chapter applies to a
32-17 payment or reimbursement of a travel expense incurred by a member
32-18 of a board only if Subchapter C, Chapter 659 or other applicable
32-19 law authorizes the payment or reimbursement.
32-20 Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES.
32-21 (a) Notwithstanding any other provision of this chapter, a state
32-22 agency may reimburse a state employee or a member of the
32-23 legislature with a disability for attendant care and other
32-24 necessary expenses incurred when the employee or member travels
32-25 inside or outside the employee's or member's designated
33-1 headquarters. However, an expense incurred when traveling between
33-2 a residence and a place of employment may be reimbursed only as
33-3 provided by law for state employees without disabilities.
33-4 (b) If the airfare is medically necessary, a state agency
33-5 may reimburse a state employee or a member of the legislature with
33-6 a disability for the first or business class airfare of:
33-7 (1) the employee or member; and
33-8 (2) the attendant of the employee or member.
33-9 (c) Instead of reimbursing a state employee or a member of
33-10 the legislature for attendant care and other necessary expenses, a
33-11 state agency may:
33-12 (1) reimburse the attendant for those expenses; or
33-13 (2) pay the expenses directly to a commercial
33-14 transportation company if the expenses are for transportation or a
33-15 commercial lodging establishment if the expenses are for lodging.
33-16 (d) If this chapter, the travel provisions of the General
33-17 Appropriations Act, or a rule adopted by the comptroller under this
33-18 chapter conflicts with a requirement of the Americans with
33-19 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a
33-20 federal regulation adopted under that Act, or other applicable
33-21 federal law or regulation, then the federal law or regulation
33-22 prevails.
33-23 Sec. 660.145. CONFLICTS WITH OTHER SUBCHAPTERS. This
33-24 subchapter applies notwithstanding any other provision of this
33-25 chapter.
34-1 SECTION 27. TRANSITION. (a) In this section, "travel
34-2 expense" has the meaning assigned by Section 660.002, Government
34-3 Code, as amended by this Act.
34-4 (b) Except as provided in Subsection (c) of this section,
34-5 the changes made to the law by this Act do not apply to a travel
34-6 expense incurred before September 1, 1995. The expense is governed
34-7 by the law in effect at the time the expense was incurred, and that
34-8 law is continued in effect for this purpose.
34-9 (c) The changes made to the law by this Act apply to the
34-10 procedures that must be followed to pay or reimburse a travel
34-11 expense, regardless of when the expense is incurred.
34-12 SECTION 28. EFFECTIVE DATE. This Act takes effect
34-13 September 1, 1995.
34-14 SECTION 29. EMERGENCY. The importance of this legislation
34-15 and the crowded condition of the calendars in both houses create an
34-16 emergency and an imperative public necessity that the
34-17 constitutional rule requiring bills to be read on three several
34-18 days in each house be suspended, and this rule is hereby suspended.