SRC-AAA S.B. 31 75(R) BILL ANALYSIS
Senate Research Center S.B. 31
By: Ratliff
Finance
3-24-97
As Filed
DIGEST
Currently, provisions of Article IX of the General Appropriations Act, do
more than set aside a sum of money and provide the manner of distribution,
including those provisions which do not appropriate, or otherwise detail,
limit, or restrict the use of funds. For this reason such provisions
should be removed from Article IX and placed into general law. This bill
removes provisions which
do not appropriate, or otherwise detail, limit, or restrict the use of
funds.
PURPOSE
As proposed, S.B. 31 removes provisions from Article IX, General
Appropriations Act, which do not appropriate, or otherwise detail, limit,
or restrict the use of funds.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the comptroller in SECTION 8 (Section
659.004 and 659.007, Government Code), SECTION 26 (Section 660.074,
Government Code), SECTION 29 (Section 660.118, Government Code), SECTION
37 (Section 666.005, Government Code), and to the governing board of an
institution of higher education in SECTION 15 (Section 660.004, Government
Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Sets forth the purpose of this Act.
SECTION 2. Amends Section 324.008, Government Code, by adding Subsections
(d) and (e), to require the governing body of a state agency to deliver a
certified copy of its minutes to the library. Requires any changes or
corrections of the minutes to be delivered to the library. Defines "state
agency."
SECTION 3. Amends Chapter 403B, Government Code, by adding Sections
403.0131 and 403.0132, as follows:
Sec. 403.0131. REPORT TO LEGISLATURE. Sets forth requirements for
preparation by the comptroller of a summary table for all major funds and
its delivery.
Sec. 403.0132. REPORT OF EXPENDITURES BY STATE AGENCY. Sets forth
requirements of an expenditure report for a state agency.
SECTION 4. Amends Chapter 656B, Government Code, by adding Section
656.026, as follows:
Sec. 656.026. JOB NOTICE POSTING WAIVER. Provides for a job notice
posting waiver for certain state agencies.
SECTION 5. Amends Section 658.005(a), Government Code, to set forth
opening times of the offices of a state agency.
SECTION 6. Amends Section 658.006, Government Code, as follows:
Sec. 658.006. New heading: STAGGERED WORKING HOURS. Deletes a provision
authorizing working hours to be staggered as authorized by the General
Appropriations Act. Makes a conforming change.
SECTION 7. Amends Chapter 658, Government Code, by adding Sections 658.008
and 658.009, as follows:
Sec, 658.008. MEMBERS OF NATIONAL GUARD OR RESERVES. Requires working
schedules of members of the Texas National Guard or U.S. Armed Forces
Reserves to be adjusted in a certain manner.
Sec, 658.009. EMPLOYEES OF HOUSE OR SENATE. Provides that this chapter
applies to employees of the house or senate as determined by certain
officials.
SECTION 8. Amends Chapter 659A, Government Code, by adding Sections
659.004-659.007, as follows:
Sec. 659.004. PAYROLL REPORTING. Requires the comptroller to adopt
certain rules. Defines "state agency."
Sec. 659.005. WITNESS FEES; JURY SERVICE. Prohibits a deduction from a
state employee's wages for attending jury service. Sets forth requirements
for a state officer or employee who appears as a witness in a judicial
proceeding or legislative hearing.
Sec. 659.006. WITHHOLDING, DEDUCTIONS, AND MATCHING CONTRIBUTIONS: TAX AND
RETIREMENT LAWS. Sets forth requirements for withholding, deductions, and
matching contributions for state officers or employees.
Sec. 659.007. ADJUSTMENT FOR INACCURATE PAYMENT. Requires the
comptroller, by rule, to prescribe certain adjustment procedures.
SECTION 9. Amends Chapter 659B, Government Code, by adding Sections
659.015-659.017, as follows:
Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO FAIR LABOR
STANDARDS ACT. Sets forth overtime compensation provisions for employees
subject to the Fair Labor Standards Act.
Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT SUBJECT TO FAIR
LABOR STANDARDS ACT; STATE COMPENSATORY TIME; REDUCTIONS IN PAY. Sets
forth overtime compensation for employees not subject to the Fair Labor
Standards Act. Sets forth requirements for state compensatory time and
reductions in pay.
Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE EMPLOYEES. Sets forth
requirements for overtime compensation for legislative employees.
SECTION 10. Amends Section 659.081, Government Code, to provide that an
exception to this subchapter is the General Appropriations Act.
SECTION 11. Amend Chapter 659F, Government Code, by adding Section
659.085, as follows:
Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY; PROPORTIONATE
REQUIREMENT FOR PART-TIME PAY. Sets forth requirements for determining
monthly or hourly pay. Sets forth the salary rate requirements for
part-time employees.
SECTION 12. Amends Section 660.002. Government Code, to define
"appropriated money," "board," cancellation charge," "commercial lodging
establishment," "commercial transportation company," "disability," "duty
point," "incidental expense," "institutional funds," "institution of
higher education," "key official," "lease, "place of employment,"
"prospective state employee," "rented or public conveyance," "state
agency," "state employee," "travel expense," and "unit of state
government." Redefines "chief administrator of a state agency." Deletes a
definition "per diem allowance."
SECTION 13. Amends Chapter 660A, Government Code, by adding Section
660.0021, as follows:
Sec. 660.0021. DESIGNATED HEADQUARTERS. Provides that for the designated
headquarters of a state employee or a member of the legislature.
SECTION 14. Amends Section 660.003, Government Code, to set forth the
application of this chapter. Deletes a provision setting forth the
applicability of this chapter to certain persons.
SECTION 15. Amends Section 660.004, Government Code, as follows:
Sec. 660.004. New heading: TRAVEL EXPENSES PAID OR REIMBURSED BY
INSTITUTIONS OF HIGHER EDUCATION. Deletes a provision setting forth the
applicability of this chapter. Requires the governing board of an
institute of higher education to adopt rules to administer certain
expenses and reimbursements exempt under this chapter.
SECTION 16. Amends Chapter 660A, Government Code, by adding Sections
660.006-660.013, as follows:
Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. Sets forth
requirements for reimbursing prospective state employees for visiting the
agency for an interview or employment evaluation.
Sec. 660.007. CONSERVATION OF FUNDS. Sets forth requirements for
conservation or travel expenses paid or reimbursed.
Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. Sets forth
requirements for travel expenses of a state employee incurred while on
leave.
Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS. Sets forth
requirements of travel expenses of a state employee incurred while
attempting to conduct official state business.
Sec. 660.010. RETURNING TO DESIGNATED HEADQUARTERS; TRAVELING TO DUTY
POINT. Sets forth requirements for reimbursement of travel expenses for
state employees on personal or compensatory leave and traveling to a duty
point.
Sec. 660.011. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER AGENCIES.
Authorizes reimbursement to employees of other state agencies if the
employee is providing services to the paying state agency.
Sec. 660.012. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL AGENTS. Sets
forth requirements for paying credit card issuers and travel agents.
Sec. 660.013. CANCELLATION CHARGES. Sets forth requirements for paying or
reimbursing cancellation charges.
SECTION 17. Amends Sections 660.047-660.49, Government Code, by
redesignating them as Sections 660.014-660.016, Government Code,
respectively, as follows:
Sec. 660.014. New heading: PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL
EXPENSE REIMBURSEMENTS FROM CERTAIN PERSONS. Prohibits a state employee
from accepting certain travel expenses from a person who the state intends
to examine or audit. Provides for forfeiture of the money or travel
reimbursement for a state employee who violates Subsection (a). Provides
that Subsections (a) and (b) are in addition to any other penalties
imposed by other laws.
Sec. 660.015. New heading: EXCESS REIMBURSEMENTS. Requires a state
employee or member of the legislature to return excess reimbursements of
travel expenses.
Sec. 660.016. New heading: MULTIPLE ADVANCES OR REIMBURSEMENTS FOR TRAVEL
EXPENSE. Prohibits an employee of the state or a member of the
legislature from accepting reimbursements or advancements for travel
expenses from more than one source. Prohibits an employee of the state or
a member of the legislature from receiving reimbursement for travel
expenses from the state only to the extent that the amount of the person's
advance or reimbursement from the other source is less than the amount of
the total expense incurred.
SECTION 18. Amends Section 660.021, Government Code, to require the
comptroller to adopt rules for effective and efficient administration of
travel provisions.
SECTION 19. Amends Section 660.024, Government Code, to prohibit the
payment or reimbursement of foreign nation travel expenses unless approved
by the governor. Authorizes the governor to condition his or her approval
on the employee's not incurring above a specified amount in travel
expenses. Provides that Subsection (a) applies to travel expense if it is
incurred while traveling to, in, or from, a destination that is not in the
United States, a possession of the United States, rather than to, in, and
from Mexico. Authorizes the governor to give general approval for
international travel. Provides that the comptroller may require proof of
the governor's approval. Authorizes the governor to delegate the
approvals to an employee of the governor's office.
SECTION 20. Amends Section 660.025, Government Code, to authorize the
comptroller to establish rules to advance travel expenses. Requires the
procedures to be consistent with Section 403.248, Government Code. Sets
forth requirements for the advancement of travel expenses. Deletes
previous Subsection (b).
SECTION 21. Amends Sections 660.041 and 660.042, Government Code, to
redesignate these sections as Sections 660.027 and 660.028, Government
Code, as follows:
Sec. 660.027. New heading: VOUCHERS. Sets forth requirements for issuing
vouchers to initiate an electronic funds transfer to pay or reimburse
travel expenses. Deletes a provision requiring the comptroller to
prescribe a travel expense form.
Sec. 660.028. New heading: AUDITS. Sets forth requirements for auditing a
voucher. Deletes a provision requiring the comptroller to prescribe a
travel expense form and requirements of the form.
SECTION 22. Amends Chapter 660B, Government Code, by adding Section
660.029, as follows:
Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. Sets forth requirements for
instructing state employees on travel procedures.
SECTION 23. Amends the subchapter heading of Chapter 660C, as follows:
SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE.
SECTION 24. Amends Chapter 660C, Government Code, by adding Sections
660.0411 and 660.0412, as follows:
Sec. 660.0411. REIMBURSEMENT REQUIREMENT. Entitles an employee to be
reimbursed for the employee's use of a personally owned or leased motor
vehicle used for state business. Prohibits an employee from being
reimbursed for expenses other than mileage, tolls, and parking.
Sec. 660.0412. AMOUNT OF REIMBURSEMENT. Sets forth mileage reimbursement
requirements.
SECTION 25. Amends Section 660.052, Government Code, as follows:
Sec. 660.052. New heading: DETERMINATION OF REIMBURSABLE MILEAGE. Sets
forth requirements for reimbursing a motor vehicle's mileage. Deletes a
provision for determining mileage for reimbursement.
SECTION 26. Amends Section 660.055, Government Code, as follows:
Sec. 660.055. New heading: MULTIPLE USE OF SINGLE MOTOR VEHICLE. Provides
that two, three, or four state employees who are employed by the same
state agency, travel on the same itinerary, dates, and official state
business may be reimbursed for mileage. Deletes Subsection (b). Provides
that if more than four state employees who are employed by the same state
agency, travel on the same itinerary, dates, and official state business,
a state agency may reimburse for mileage only on the basis of one motor
vehicle for each four employees and for any fraction in excess of a
multiple of four employees. Provides that Subsections (a) and (b) do not
apply to certain groups if the chief administrative officer of the state
agency that employs the employees determines before travel that it is not
feasible for the employees to travel together in the same motor vehicle.
Authorizes this determination to be made only for reasons related to
official state business. Deletes provisions relating to authorization
for reimbursement and relating to authorization of employees' actions.
Deletes Subsection (e).
SECTION 27. Amends Chapter 660, Government Code, by adding Subchapter D,
as follows:
SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT
Sec. 660.071. REIMBURSEMENT REQUIREMENT. Sets forth requirements for
reimbursement for employees, officials, or members of a board or the
legislature for use of an aircraft owned or leased by the state employees,
officials, or members of a board or the legislature.
Sec. 660.072. AMOUNT OF REIMBURSEMENT. Sets forth the amount of
reimbursement for employees who use an aircraft owned or leased by the
state employees.
Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. Sets forth the rate of
aircraft mileage reimbursement.
Sec. 660.074. GROUP TRAVEL. Sets forth reimbursement for an official or
member flying with the owner or lessee of an aircraft. Requires the
comptroller to adopt procedures for reimbursements.
Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. Provides for
reimbursement to a state employee entitled to reimbursement under this
subchapter for use of an aircraft leased from a proprietorship,
partnership, or corporation in which the official or member has an
interest.
SECTION 28. Amends Chapter 660, Government Code, by adding Subchapter E,
as follows:
SUBCHAPTER E. TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE
Sec. 660.091. GENERAL PROVISION. Requires the state agency to pay the
expense of transporting a state employee by rented or public conveyance in
the course of conducting state business.
Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. Sets forth payment and
reimbursement methods of a state agency under this subchapter.
Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION COMPANIES.
Prohibits a state agency from paying or reimbursing the expenses of
transporting a state employee by rented or public conveyance if the
transportation is provided by a person who is not a commercial
transportation company.
Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. Sets forth requirements for
payment or reimbursement for commercial air transportation expenses.
SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES
SECTION 29. Amends Chapter 660, Government Code, by adding Subchapter F,
as follows:
Sec. 660.111. REIMBURSEMENT REQUIREMENT. Requires a state agency to
reimburse a state employee for meals, lodging, or incidental expenses
incurred by the employee in the conduct of state business.
Sec. 660.112. AMOUNT OF REIMBURSEMENT. Sets forth the amount of
reimbursement for meals, lodging, or incidental expenses incurred by the
employee in the conduct of state business.
Sec. 660.113. RESTRICTED REIMBURSEMENTS. Sets forth restricted
reimbursements for certain meals, lodging, or incidental expenses incurred
by the employee in the conduct of state business.
Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING ESTABLISHMENTS. Sets
forth requirements and procedures for direct payments to commercial
lodging establishments.
Sec. 660.115. RECEIPTS. Sets forth procedures for submitting receipts for
lodging expenses.
Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. Entitles reimbursement
to a state employee for hotel occupancy and similar taxes.
Sec. 660.117. APARTMENT OR HOUSE RENTAL EXPENSES. Sets forth requirements
for reimbursements for apartment or house rental expenses.
Sec. 660.118. INCIDENTAL EXPENSES. Authorizes a state agency to reimburse
a state employee for incidental expenses according to rules adopted by the
comptroller.
SECTION 30. Amends Chapter 660, Government Code, by adding Subchapter G,
as follows:
SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS
Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE. Sets forth
reimbursement requirements for members of the legislature.
Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. Sets forth reimbursement
requirements for certain state officials.
Sec. 660.143. BOARD MEMBERS. Provides that this chapter applies to a
member of a board only if Chapter 659C or other law authorizes
reimbursement.
Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES. Sets forth
reimbursement requirements for employees or members of the legislature for
expenses associated with a disability.
Sec. 660.145. DEATH OF STATE EMPLOYEES. Sets forth reimbursement
requirements for employees who die while on state business.
Sec. 660.146. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES AND THEIR
FAMILIES. Sets forth reimbursement requirements for families of state
employees who are threatened because of the state employee's official
duties.
Sec. 660.147. CONFLICTS WITH OTHER SUBCHAPTERS. Provides that this
subchapter controls if in conflict with other provisions of this chapter.
SECTION 31. Amends Section 661.033(c), Government Code, to prohibit
payment from being more than 336 hours of sick leave or one-half of
accumulated sick leave, whichever is less.
SECTION 32. Amends Chapter 661, Government Code, by adding Subchapters F,
G, H, and Z, as follows:
SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION LEAVE
Sec. 661.151. APPLICABILITY. Sets forth applicability of this subchapter.
Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. Sets forth
requirements for a state employee's entitlement to vacation leave.
SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE
Sec. 661.201. APPLICABILITY. Sets forth applicability of this subchapter.
Sec. 661.202. ENTITLEMENT TO SICK LEAVE. Sets forth requirements for a
state employee's entitlement to sick leave.
Sec. 661.203. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN CERTAIN
CIRCUMSTANCES. Sets forth requirements for restoration of sick leave on
reemployment, under a formal reduction in force or for other reasons.
SUBCHAPTER H. PROVISIONS APPLICABLE TO BOTH VACATION AND SICK LEAVE
Sec. 661.251. APPLICABILITY. Sets forth applicability of this subchapter.
Sec. 661.252. TRANSFER OF LEAVE BALANCE. Provides for a transfer of leave
balance if a state employee transfers from one state agency to another.
SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS
Sec. 661.901. APPLICABILITY. Sets forth applicability of this subchapter.
Sec. 661.902. EMERGENCY LEAVE. Sets forth requirements for emergency
leave for a state employee.
Sec. 661.903. NATIONAL GUARD EMERGENCY. Sets forth requirements for a
leave of absence for a person who is a member of the Texas National Guard.
Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY. Sets forth
requirements for leave for persons called to active duty during a national
emergency.
Sec. 661.905. VOLUNTEER FIREFIGHTERS. Sets forth requirements for leave
for volunteer firefighters.
Sec. 661.906. FOSTER PARENTS. Sets forth requirements for leave for
foster parents.
Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. Sets forth
requirements for leave for a Red Cross disaster service volunteer.
Sec. 661.908. LEAVE RECORDS. Sets forth requirements for leave records
for each state agency.
Sec. 661.909. STATE AUDITOR INTERPRETATIONS. Requires the state auditor
to provide uniform interpretation of this subchapter and Subchapters F-H.
Requires the state auditor to report to the governor and the legislature
any state agency which practices exceptions to these laws.
Sec. 661.910. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. Sets forth
requirements for leave without pay and leave of absence.
Sec. 661.911. SEEING-EYE DOG TRAINING FOR BLIND EMPLOYEES. Sets forth
requirements for leaves of absence for state employees who need to attend
training courses to acquaint themselves with a seeing-eye dog to be used
by the state employee. Defines "blind."
Sec. 661.912. ADMINISTRATIVE LEAVE WITH PAY. Sets forth requirements for
administrative leave with pay.
Sec. 661.913. FAMILY AND MEDICAL LEAVE ACT. Sets forth application and
exceptions of the Family and Medical Leave Act.
Sec. 661.914. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. Sets forth
requirements for parental leaves of absence.
SECTION 33. Amends Section 662.004(a), Government Code, to require that an
institution of higher education to have employees on duty during a state
holiday. Makes a conforming change.
SECTION 34. Amends Section 662.007, Government Code, by adding Subsection
(c), to authorize an employee of an institution of higher education to
take compensatory time off on certain national or state holidays, if
certain requirements are met.
SECTION 35. Amends Section 662.010, Government Code, by amending
Subsection (c) and adding Subsection (d), to provide for the payment of an
employee who transfers from one state agency to another without a break of
service, by the agency to which the employee transfers. Makes a conforming
change.
SECTION 36. Amends Section 662.011, Government Code, by amending
Subsection (a) and adding Subsection (c), to provide that Subsection (a)
is subject to any applicable limitation on the observance of holidays
prescribed by the General Appropriations Act. Sets forth requirements by
which the employee is eligible to take a paid holiday leave.
SECTION 37. Amends Tile 6B, Government Code, by adding Chapter 666, as
follows:
CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
Sec. 666.001. GENERAL PROVISIONS. Sets forth applicability of this
chapter. Prohibits certain persons from receiving benefits from the state
which exceed the benefits provided for one full-time employee.
Sec. 666.002. SEPARATE RECORDS REQUIRED. Requires separate records for
vacation and sick leave.
Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. Prohibits a person's
leave balance from being transferred to the new employment under certain
conditions.
Sec. 666. 004. ACCRUAL OF STATE SERVICE CREDIT. Provides that a person
accrues state service credit as if the person had only one employment.
Sec. 666.005. FEDERAL INSURANCE CONTRIBUTIONS. Prohibits a state's
contribution toward the taxes imposed on a person by the Federal Insurance
Contributions Act from exceeding the overall limit specified in the
General Appropriations Act. Requires the comptroller to prescribe uniform
accounting and reporting procedures.
Sec. 666.006. GROUP INSURANCE CONTRIBUTION. Sets forth a limit on the
state's contribution to a person's group insurance.
Sec. 666.007. OVERTIME COMPENSATION. Sets forth requirements for overtime
compensation.
Sec. 666.008. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT. Requires a
person to inform a person's employing state agency or institution before
accepting additional employment with another agency or institution.
Sec. 666.009. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES. Sets forth
provisions for persons with less than full-time employments using paid
leave.
Sec. 666.010. SPECIAL PROVISIONS FOR INSTITUTIONS OF HIGHER EDUCATION.
Provides for a policy defining a person's employment.
SECTION 38. Amends Chapter 751, Government Code, by adding Subchapter C,
as follows:
SUBCHAPTER C. STATE PERSONNEL IN WASHINGTON
Sec. 751.051. LIAISON TO LEGISLATIVE COMMITTEES. Requires state employees
in Washington, D.C., to act as a liaison and provide certain federal
funding information.
SECTION 39. Amends Chapter 2052A, Government Code, by adding Section
2052.004, as follows:
Sec. 2052.004. REPORT ON CLOSING OF FIELD OFFICES. Requires a state agency
to send notice to certain persons about a state agency's plans to close a
field office located in a member's legislative district.
SECTION 40. Amends Section 2054.092, Government Code, to require the state
strategic plan to be a visionary plan for the management of the state's
information resources, including providing a strategic direction for four,
rather than five years, and establishing a framework under which the
state's telecommunications systems can be used to efficiently and
effectively exchange information among state agencies.
SECTION 41. Amends Section 2054.095(d), Government Code, to require the
Department of Information Resources (department) to specify the format,
content, updating, and submission of an agency's strategic plan.
SECTION 42. Amends Section 2054.118, Government Code, to provide that an
agency cannot spend funds for major information resources projects unless
a project has been reviewed and approved by a quality assurance team
consisting of the state auditor's office. Sets forth the duties of a
quality assurance team. Requires the department to provide technical
assistance to a state agency in the implementation of the project.
Authorizes the quality assurance team to request the Legislative Budget
Board or the comptroller's office to assist in determining the accuracy of
project expenditures and other items. Makes conforming changes.
SECTION 43. Amends Chapter 2054F, Government Code, by adding Sections
2054.120 and 2054.121, as follows:
Sec. 2054.120. COORDINATION AMONG INSTITUTIONS OF HIGHER EDUCATION.
Requires institutions of higher education to coordinate the use of
information technologies.
Sec. 2054.121. COORDINATED TECHNOLOGY TRAINING. Sets forth requirements
for training for use of information resources technologies.
SECTION 44. Amends Chapter 2101B, Government Code, by adding Sections
2101.0111 and 2101.0112, as follows:
Sec. 2101.0111. ANNUAL REPORTS AND INVENTORIES. Sets forth requirements
for annual reports and inventories of state agencies. Defines "state
agency."
Sec. 2101.0112. BINDING ENCUMBRANCE REPORT. Sets forth requirements for a
binding encumbrance report. Defines "state agency."
SECTION 45. Amends Section 2101.012(a), Government Code, to make a
conforming change.
SECTION 46. Amends Section 2101.038, Government Code, to require the state
auditor to notify an agency's governing body and executive head, if the
state auditor issues any report concerning the operation of a state
agency.
SECTION 47. Amends Chapter 2102, Government Code, by adding Section
2102.0091, as follows:
Sec. 2102.0091. REPORTS OF PERIODIC AUDITS. Sets forth requirements for
reports of periodic audits.
SECTION 48. Amends Title 10C, Government Code, by adding Chapter 2113, as
follows:
CHAPTER 2113. USE OF APPROPRIATED MONEY AND OTHER STATE FUNDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2113.001. DEFINITIONS. Defines "appropriated money" and "state
agency."
SUBCHAPTER B. RESTRICTIONS ON POLITICAL ACTIVITY
Sec. 2113.011. SUPPORT OF CANDIDATES. Prohibits state agency resources
from being used to support a political candidate.
Sec. 2113.012. ELECTIONS AND LEGISLATIVE INFLUENCE. Prohibits state
agency resources from being used to influence the outcome of an election
or legislative measure. Provides that this section does not prohibit a
state employee from providing information to state officials which is
public information.
Sec. 2113.013. LOBBYING. Sets forth prohibitions on a state agency from
using state agency resources for certain lobbying purposes.
Sec. 2113.014. RETALIATION AND VIOLATION. Requires a person who causes an
officer or employee to be discharged, demoted, or otherwise discriminated
against for providing information under Section 2113.012(b) to be
discharged immediately.
Sec. 2113.015. NOTICE OF PROHIBITIONS. Sets forth requirements for notice
of prohibitions.
Sec. 2113.016. STUDENT ORGANIZATIONS. Provides that this chapter does
not prohibit the payment of reasonable dues to organizations which
represent students' interests before the legislature from certain sources.
Provides that a mandatory student service fee may not be used to influence
the outcome of an election.
Sec. 2113.017. COMPENSATION PROHIBITION. Prohibits a state agency from
using appropriated money to compensate an officer or employee who violates
this subchapter.
SUBCHAPTER C. RESTRICTIONS ON OFFICERS AND EMPLOYEES
Sec. 2113.101. PUBLICITY. Prohibits a state agency from using
appropriated money to publicize an employee of state government or for
other publicity purposes. Sets forth requirements for publicizing the
state agency.
Sec. 2113.102. USE OF ALCOHOLIC BEVERAGES. Prohibits a state agency from
using appropriated money for compensating an officer or employee who uses
alcoholic beverages on active duty.
Sec. 2113.103. USE OF MOTOR VEHICLE. Sets forth requirements for using a
stateowned motor vehicle.
SUBCHAPTER D. RESTRICTIONS ON GOODS AND SERVICES
Sec. 2113.201. CONSULTANT CONTRACTS. Prohibits a state agency from using
funds for contracting with certain consulating services.
Sec. 2113.202. ALCOHOLIC BEVERAGES. Prohibits a state agency from
purchasing alcoholic beverages except for authorized law enforcement
purposes.
Sec. 2113.203. AUDITS. Sets forth requirements for using state agency
funds for audits.
Sec. 2113.204. PUBLICATION OF REPORTS. Sets forth requirements for using
state agency funds for certain publications.
Sec. 2113.205. PERIODICALS AND OTHER PUBLICATIONS. Sets forth
requirements for using state agency funds for certain periodicals and
other publications.
Sec. 2113.206. POSTAGE. Sets forth requirements for using state agency
funds for postage.
Sec. 2113.207. INDOOR PLANTS. Prohibits a state agency from using funds
for purchasing or maintaining indoor plants.
Sec. 2113.208. STATE FACILITIES FOR MEETINGS AND CONFERENCES. Sets forth
requirements for using state facilities.
SUBCHAPTER E. SPECIFICALLY AUTHORIZED USES OF GOODS AND SERVICES
Sec. 2113.301. EMPLOYEE AWARDS. Sets forth requirements for using state
agency funds for employee awards.
Sec. 2113.302. VOLUNTEER AWARDS. Sets forth requirements for using state
agency funds for volunteer awards.
Sec. 2113.303. EXAMINATION FEES. Sets forth requirements for using state
agency funds for examination fees.
SECTION 49. Amends Section 2152.064, Government Code, by amending
Subsection (b) and adding Subsection (d), to provide that certain files
are to be filed with the Legislative Budget Board. Requires an agency to
include an explanation for the need to use a nonresident bidder, for
contracts with a value of $250,000 or more. Requires certain reports to
be sent to the Legislative Budget Board.
SECTION 50. Amends Section 2155.067(e), Government Code, to provide that
the General Services Commission (commission) is to provide reasons for
exceptions to justifications to members of the governing board, rather
than a presiding officer of the agency's governing body.
SECTION 51. Amends Chapter 2155B, Government Code, by adding Section
2155.074, as follows:
Sec. 2155.074. PURCHASES FROM FEDERAL GOVERNMENT. Sets forth requirements
for certain purchases from the federal government.
SECTION 52. Amends Chapter 2155H, by adding Section 2155.4441, as follows:
Sec. 2155.4441. SERVICE CONTRACTS. Sets forth requirements for certain
service contracts.
SECTION 53. Amends Chapter 2155H, Government Code, by adding Section
2155.449, as follows:
Sec. 2155.449. PREFERENCE FOR PRISON-PRODUCED GOODS. Requires certain
agencies and commissions to purchase certain goods produced by the Texas
Department of Criminal Justice.
SECTION 54. Amends Chapter 2166D, Government Code, as follows:
Sec. 2166.158. FILING OF PROJECT ANALYSIS. Requires the filing of certain
project analyses.
SECTION 55. Amends Chapter 2166F, Government Code, by adding Section
2166.2551, as follows:
Sec. 2166.2551. CONTRACT NOTIFICATION. Sets forth requirements for
contract notifications.
SECTION 56. Amends Section 2170(a), Government Code, by adding Subdivision
(3) to define "state agency."
SECTION 57. Amends Chapter 2170A, Government Code, by adding Sections
2170.009-2170.011, as follows:
Sec. 2170.009. PAY TELEPHONES AUTHORIZED. Sets forth requirements for
locations of pay station telephones.
Sec. 2170.010. COST OF NOT USING STATE TELEPHONE SYSTEM. Sets forth the
costs of not using state telephone systems.
Sec. 2170.011. UNLISTED TELEPHONE NUMBERS PROHIBITED. Sets forth
requirements for a state agency having unlisted phone numbers.
SECTION 58. Amends Section 2170.051, Government Code, as follows:
Sec. 2170.051. New heading: Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM.
Sets forth requirements for a state agency using telecommunication
systems.
SECTION 59. Amends Chapter 2204, Government Code, by adding Sections
2203.004-2203.006, as follows:
Sec. 2203.004. PREPARATION AND SALE OF HEARINGS TRANSCRIPTS. Sets forth
requirements and procedures of selling hearings transcripts.
Sec. 2203.005. REQUIREMENT TO USE STATE PROPERTY FOR STATE PURPOSES.
Requires state property to be used for state purposes. Prohibits state
property from being entrusted to a state officer or employee or to any
person if the property is not used for state purposes.
Sec. 2203.006. VENDING MACHINES AUTHORIZED. Sets forth requirements for
placement of vending machines in a state building.
SECTION 60. Amends Chapter 2254A, Government Code, by adding Section
2254.0031, as follows:
Sec. 2254.0031. INDEMNIFICATION. Sets forth requirements for
indemnification of certain contractors.
SECTION 61. Amends Chapter 2254A, Government Code, by adding Section
2254.006, as follows:
Sec. 2254.006. CONTRACT NOTIFICATION. Sets forth notice requirements for
contracts under this subchapter. Defines "state agency."
SECTION 62. Amends Chapter 2254B, by adding Section 2254.0301, as follows:
Sec. 2254.0301. CONTRACT NOTIFICATION. Sets forth notice requirements for
contracts under this subchapter. Defines "state agency."
SECTION 63. Amends Section 2256.005, Government Code, by adding Subsection
(n), to require an investment officer of an investing entity to submit
certain reports to the governing body of the investing entity. Sets forth
the requirements of the report.
SECTION 64. Amends Chapter 11D, Natural Resources Code, by adding Section
11.0791, as follows:
Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE LANDS. Requires
the state to have an ingress and egress on certain property. Prohibits a
governmental state agency from spending funds for any purpose not
specifically authorized by statute with a person who denies the state
access by easement to landlocked state properties.
SECTION 65. Amends Chapter 11D, Natural Resources Code, by adding Section
11.083, AS FOLLOWS:
Sec. 11.083. RETENTION OF MINERAL RIGHTS. Requires the state to retain
mineral rights in land that is sold, if practical.
SECTION 66. Amends Section 34.057, Natural Resources Code, by adding
Subsections (e) and (f), to require a board for lease to include certain
provisions in all mineral leases.
SECTION 67. Repealer: Sections 660.005, 660.022, 660.023, 660.026,
660.043-660.046, 660.050, 660.051, 660.053 and 660.054, Government Code
(Travel expenses).
SECTION 68. Effective date: September 1, 1997.
SECTION 69. Emergency clause.