SRC-MAX S.B. 495 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 495
By: Armbrister
State Affairs
2-19-97
As Filed


DIGEST 

Currently, the statute dealing with the payment and reimbursement of
travel expenses is the Travel Regulations Act.  The legislature enacted
the Travel Regulations Act in 1959 to govern the travel of state officers
and employees on official state business.  Although the legislature had
amended the Act numerous times, some aspects of it remain ambiguous and
difficult to administer.  This bill sets forth the provisions for the
payment or reimbursement of travel expenses by state officers and
employees in order to make these practices more uniform and updated. 

PURPOSE

As proposed, S.B. 495 sets forth the provisions for the payment or
reimbursement of travel expenses by state officers and employees. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the governing body of an institution of
higher education in SECTION 3 (Sec.  660.004(b), Government Code) and to
the comptroller in SECTIONS 5, 7, and 10 (Secs.  660.021, 660.025(a), and
660.092(d), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 660.002, Government Code, to define
"appropriated funds," "board," "cancellation charge," "commercial lodging
establishment," "commercial transportation company," "designated
headquarters," "disability," "duty point," "incidental expense,"
"institutional funds," "institution of higher education," "key official,"
"lease," "place of employment," "prospective state employee," "receipt,"
"rented or public conveyance," "state agency," "state employee," "travel
expense," "unit of state government";  to redefine "chief administrator of
a state agency"; and to delete "per diem allowance." 

SECTION 2. Amends Section 660.003, Government Code, to provide that the
General Appropriations Act, and the rules adopted by the comptroller under
this chapter govern certain details concerning travel expense payments or
reimbursements by a state agency.  Provides that this chapter and the
travel provisions of the General Appropriations Act apply to a travel
expense only to the extent that appropriated funds are used to pay or
reimburse the expense and to a travel expense paid or reimbursed by the
Employees Retirement System of Texas or the Teacher Retirement System of
Texas, regardless of whether the funds used to make the payment or
reimbursement are appropriated funds.    Provides that a law outside this
chapter that states that this chapter, the travel provision of the General
Appropriations Act, or both, apply to a travel expense prevails over a
provision to the contrary of this chapter.  Authorizes a state agency to
pay or reimburse a travel expense under certain conditions.  Authorizes a
travel expense to be paid or reimbursed according to the requirements of
an applicable federal law or regulation, and provides that this chapter
does not apply to the extent necessary to avoid conflict with an
applicable federal law or regulation.  Deletes certain persons to which
this chapter applies.  

SECTION 3. Amends Section 660.004, Government Code, as follows:

Sec.  660.004.  New heading:  TRAVEL EXPENSES PAID OR REIMBURSED BY
INSTITUTIONS OF HIGHER EDUCATION.  Provides that this chapter does not
apply to  a travel expense to the extent an institution of higher
education pays or reimburses the expense from institutional funds.
Requires the governing body of an institution of higher education to adopt
rules as necessary to administer and control travel expense payments and
reimbursements that are exempt from this chapter under Subsection (a),
rather than rules for the administration and control of travel by an
official or employee exempted by this chapter. 

SECTION 4. Amends Chapter 660A, Government Code, by adding Sections
660.006 through 660.018, as follows: 

Sec.  660.006.  TRAVEL OF PROSPECTIVE STATE EMPLOYEES.  Sets forth the
provisions for the payment or reimbursement of travel expenses by a state
agency for a prospective state employee. 

Sec.  600.007.  CONSERVATION OF FUNDS.  Requires a state agency to
minimize the amount of travel expenses paid or reimbursed by the agency.
Requires the agency to ensure that each travel arrangement is the most
cost effective considering all relevant circumstances. Authorizes the
state agency to specify a travel expense payment or reimbursement rate
that meets certain conditions.  Provides that the lower rate applies only
to a travel expense incurred after the agency has notified the affected
individuals in writing about the rate. Provides that the agency is solely
responsible for enforcing the rate. 

Sec.  660.008.  TRAVEL EXPENSES INCURRED WHILE ON LEAVE.  Authorizes the
state agency to pay or reimburse the state employee for a travel expense
the employee incurs while using personal or compensatory leave in certain
situations.   

Sec.  660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.  Authorizes
the state agency to pay or reimburse the state employee for a travel
expense the employee incurs as a result of attempting to conduct official
state business in certain situations. 

Sec. 660.010.  TRAVEL EXPENSES INCURRED TO OBTAIN MEDICAL CARE. Authorizes
a state agency to pay or reimburse the employee for a travel expense the
employee incurs while obtaining medical care in certain situations. 

Sec.  660.011.  TRAVEL EXPENSES INCURRED TO ATTEND A FUNERAL. Authorizes
the state agency to reimburse the employee for or pay a travel expense the
employee incurs while attending the funeral of an individual who was a
state employee, a board member, or a member of the legislature, in certain
situations. 

Sec.  660.012.  TRAVEL EXPENSES INCURRED RETURNING TO DESIGNATED
HEADQUARTERS.  Authorizes a state agency that requires a state employee on
personal or compensatory leave to return to the employee's designated
headquarters from another location to pay or reimburse the employee for a
travel expense incurred by the employee while traveling to the
headquarters.  Authorizes the agency to pay or reimburse a travel expense
incurred by the employee while traveling back to the location at which the
employee was staying while on leave or, when appropriate, to the proper
location on the employee's itinerary, if the employee resumes the leave.
Authorizes the state agency to pay or reimburse a state employee for a
travel expense incurred when the employee returns, before official state
business is completed, from a duty point to the employee's designated
headquarters because of an illness or a personal emergency.  

Sec. 660.013.  TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER AGENCIES.
Authorizes a state agency to pay or reimburse a travel expense incurred by
another state agency's employee if the employee incurred the expense while
providing services to the paying or reimbursing agency. 

Sec.  660.014.  PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL AGENTS.
Authorizes a state agency, if the agency may directly pay a commercial
lodging establishment or transportation company, to instead pay a credit
card issuer or a travel agency for the lodging or transportation.
Provides that the documentation required for direct payment to  a
commercial lodging establishment or commercial transportation company is
also required for payment to a credit card issuer or a travel agency.   

Sec. 660.015. CANCELLATION CHARGES.  Authorizes a state agency to
reimburse a state employee for a cancellation charge in certain
situations.  

Sec.  660.016.  PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL EXPENSE
REIMBURSEMENTS FROM CERTAIN PERSONS.  Prohibits a state employee from
accepting money for wages or a travel expense reimbursement from a person
that the employee's employing state agency intends to audit, examine, or
investigate or is auditing, examining, or investigating.  Requires a state
employee who violated Subsection (a) to forfeit the money or travel
expense reimbursement to the state.  Provides that Subsections (a) and (b)
are in addition to any other prohibitions, penalties, and forfeitures
imposed or required by other law. 

Sec.  660.017.  EXCESS REIMBURSEMENTS.  Requires a state employee who
receives a reimbursement for a travel expense that exceeds the amount the
employee is authorized to receive to immediately return the amount of the
excess.   

Sec.  660.018.  MULTIPLE ADVANCES OR REIMBURSEMENTS FOR A TRAVEL EXPENSE.
Prohibits a state employee from accepting a reimbursement or advance for a
travel expense from more than one source.  Authorizes a state employee who
anticipates receiving or actually receives a reimbursement or advance for
a travel expense from a person other than a state agency to seek an
advance or reimbursement for the expense from a state agency only to a
certain extent.   

SECTION 5. Amends Section 660.021, Government Code, to require the
comptroller to adopt rules for the effective and efficient administration
of this chapter and the travel provisions of the General Appropriations
Act.     

SECTION 6. Amends Section 660.024, Government Code, to prohibit a state
agency from paying or reimbursing a travel expense incurred by a state
employee that is related to travel to, in, or from a foreign nation unless
the governor provides written approval of the travel before it begins.
Authorizes the governor to specify the maximum amount of travel expenses
that may be reimbursed. Provides that Subsection (a) applies to a travel
expense only 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, Mexico, or Canada.  Authorizes the governor to give general
approval, rather than blanket authority, for international travel by
certain personnel.  Authorizes the comptroller to require proof of the
governor's approval if required by this section.  Authorizes the governor
to designate an employee of the governor's office to provide the approval
required by this section. 

SECTION 7. Amends Section 660.025, Government Code, to require the
comptroller, by rule, to establish a procedure by which travel expense
money may be advanced to a state employee.  Requires the procedures to be
consistent with Section 403.248, Government Code.  Prohibits the money
from being advanced to a state employee for a travel expense unless the
expense is payable or reimbursable under this chapter, the travel
provisions of the General Appropriations Act, and the rules adopted by the
comptroller under this chapter.  Deletes text requiring the comptroller to
require a final accounting.   

SECTION 8. Amends Chapter 660B, Government Code, by adding Sections
660.027 through 660.029, as follows: 

Sec.  660.027.  VOUCHERS.  Authorizes the comptroller to issue a warrant
to initiate an electronic funds transfer to pay or reimburse a travel
expense only if a state agency submits to the comptroller a voucher that
requests the payment or reimbursement.  Provides that a voucher submitted
under Subsection (a) is only valid under certain conditions.  Requires a
voucher to be submitted in the manner required and on the form adopted by
the comptroller. Authorizes the comptroller to require the voucher to be
submitted electronically as authorized by Chapter 2103, Government Code.
Requires a voucher to describe the official state  business performed and
be accompanied by the information necessary for the comptroller to
determine compliance  with this chapter, the travel provision of the
General Appropriations Act, and the rules adopted by the comptroller.
Authorizes the comptroller to require a state agency to provide the
information required by Subsection (d) in a certain manner.   

Sec.  660.028.  AUDITS.  Requires the comptroller to audit a voucher
either before or after the comptroller issues a warrant or initiates an
electronic funds transfer in response to a voucher.  Requires the audit to
be conducted in accordance with Sections 403.011(12), 403.071, and
403.079, Government Code.  Authorizes the comptroller to require the
agency to maintain in its files the receipts relating to the voucher until
the comptroller audits the voucher.  Authorizes the comptroller to audit
the payment or reimbursement for compliance with this chapter and the
travel provision of the General Appropriations Act, if the state agency
pays or reimburses a travel expense without first submitting a voucher to
the comptroller.  Authorizes the comptroller to report the results of the
audit to certain officials. Requires the state agency to cooperate and
make available the receipts required by the comptroller at the time and in
the manner required by the comptroller.  Authorizes the comptroller to
require a state agency to maintain in its files receipts regarding a
travel expense payment or reimbursement for the period required by the
comptroller.   

Sec.  660.029.  KNOWLEDGE OF TRAVEL PROCEDURES.  Requires a state agency
to instruct its state employees about this chapter, the travel provisions
of the General Appropriations Act, and the rules adopted by the
comptroller under this section.  Provides that a state agency's failure or
inability to instruct a state employee as required by Subsection (a) does
not excuse or justify the employee's failure to comply with applicable
laws or rules. 

SECTION 9. Amends Chapter 660C, Government Code, as follows:

SUBCHAPTER C.  New heading:  TRANSPORTATION BY PERSONAL MOTOR VEHICLE

Sec.  660.041.  New heading:  REIMBURSEMENT REQUIREMENT.  Provides that a
state employee is entitled to be reimbursed for the employee's use of a
personally owned or leased motor vehicle.  Prohibits a state employee from
being reimbursed for an expense other than mileage, tolls, and parking.
Deletes existing text of Section 660.041. 

Sec.  660.042.  New heading:  AMOUNT OF REIMBURSEMENT.  Prohibits a
mileage reimbursement from exceeding the product of certain amounts.
Deletes existing text of Section 660.042.   

Sec.  660.043.  New heading:  DETERMINATION OF REIMBURSABLE MILEAGE.
Prohibits the number of miles traveled that are eligible for reimbursement
from exceeding a certain amount.  Requires the final duty point to include
the intermediate duty points in certain circumstances.  Provides that the
shortest route between two points is presumed to be the most
cost-effective route for the purposes of Subsection (a).  Authorizes a
longer route to be considered the most cost-effective route only under
certain conditions.  Requires the comptroller to periodically issue and
update a mileage guide that includes a chart showing the number of miles
for the shortest route between points.  Authorizes the guide to include
certain information. Provides that if the number of miles between points
is not shown in the guide, the mileage incurred while traveling between
those points is not reimbursable unless certain conditions prevail.
Deletes existing text of Section 660.043. 

Sec.  660.044.  New heading:  USE OF SINGLE MOTOR VEHICLE BY MULTIPLE
EMPLOYEES.  Authorizes only one of the employees to be reimbursed for
mileage if two, three, or four state employees who are employed by the
same state agency and travel under certain conditions.  Authorizes a state
agency to 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 a group
of state employees under certain conditions as determined by the chief
administrative officer.  Deletes existing Sections 660.045 through
660.055.   

 SECTION 10.  Amends Chapter 660, Government Code, by adding Subchapters
D, E, F, and G, as follows: 

SUBCHAPTER D.  TRANSPORTATION BY PERSONAL AIRCRAFT  

Sec.  660.071.  REIMBURSEMENT REQUIREMENT.  Provides that a state
employee, a key official, or a member of a board is entitled to be
reimbursed for the use of an aircraft owned or leased by the employee,
official, or member.   

Sec. 660.072.  AMOUNT OF REIMBURSEMENT.  Prohibits a reimbursement from
exceeding the product of certain mileage calculations. 

Sec.  660.073.  AIRCRAFT MILEAGE REIMBURSEMENT RATE.  Authorizes the
travel provisions of the General Appropriations Act to establish different
aircraft mileage rates for travel in certain aircraft by certain persons. 

Sec.  660.074.  GROUP TRAVEL.  Provides that this section applies only if
a key official or member of a board travels with another official or
member in an aircraft owned and leased by the other official or member.
Provides that the key official or member of the board who owns or leases
the aircraft is entitled to an amount equal to the amount that would have
been paid or reimbursed to each passenger had the passenger incurred the
average economy or coach airfare instead of traveling on the aircraft.
Prohibits the total reimbursement from exceeding the total cost of the
trip.  Authorizes the lessee of the aircraft to require the reimbursement
to be paid to the vendor providing the leased aircraft instead of the
lessee. 

Sec.  660.075.  AIRCRAFT LEASED FROM CERTAIN PERSONS.  Entitles a key
official or a member of a board to be reimbursed for use of an aircraft
leased from certain types of businesses in which the official or member
has an interest. 

SUBCHAPTER E.  TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE

Sec.  660.091.  GENERAL PROVISION.  Requires a 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.  Authorizes a state
agency to pay an expense under this chapter by a certain method.  Requires
a state agency to submit receipts to the comptroller on request in the
manner required by the comptroller, except receipts for mass transit,
taxi, or limousine fares.  Authorizes a state agency to request a
commercial transportation company to furnish transportation to the
agency's state employees  and to bill the agency monthly for
transportation.  Requires the state agency to require the company to
submit an invoice to the agency listing certain information.  Requires the
agency to submit those invoices to the comptroller on request and in the
manner required by the comptroller.  Authorizes a state agency to directly
pay a commercial transportation company before the travel of a state
employee if the payment would result in a lower transportation expense.
Authorizes the comptroller to adopt rules that authorize advance payments
in other circumstances.  Prohibits a direct payment to a commercial
transportation company for the same expense if a reimbursement to a state
employee for a transportation expense would not be authorized.  Prohibits
a state agency from paying or reimbursing the expense of transporting a
state employee by rented or public conveyance under certain conditions. 

Sec.  660.093.  COMMERCIAL AIR TRANSPORTATION.  Prohibits the amount  that
a state agency pays or reimburses for a state employee to travel between
points by commercial airline from exceeding the lowest rate available.
Authorizes first class airfare to be paid or reimbursed only if it is the
only available airfare and business class airfare to be paid or reimbursed
only if a lower airfare is not available. 

SUBCHAPTER F.  MEAL, LODGING, AND INCIDENTAL EXPENSES
 
Sec.  660.111.  REIMBURSEMENT REQUIRED.  Entitles a state employee to be
reimbursed for meal, lodging, or incidental expense incurred by the
employee. 


Sec.  660.112.  AMOUNT OF REIMBURSEMENT.  Prohibits a reimbursement from
exceeding a certain amount.   

Sec.  660.113.  RESTRICTED REIMBURSEMENTS.  Prohibits a state agency from
reimbursing a state employee for a lodging expense incurred at a place
that is not a commercial lodging establishment, for a meal or lodging
expense the employee incurs while traveling outside the employee's
designated headquarters for a certain period of time, with exceptions, and
for a meal expense incurred within the employee's designated headquarters
unless the expense meets certain conditions.  Authorizes a state agency to
reimburse a state employee for a meal expense incurred while traveling
without an overnight stay away  from the employee's designated
headquarters only if the chief administrator of the agency authorizes the
reimbursement.  Prohibits a state agency from reimbursing a state employee
for the purchase of an alcoholic beverage, unless the employee is a peace
officer who purchased the beverage as a purchase of evidence in an
administrative or criminal case.   

Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING ESTABLISHMENTS.
Authorizes a state agency to request that a commercial lodging
establishment bill the agency directly for a lodging expense.  Requires a
state agency to submit receipts regarding the expense to the comptroller
on request in the manner required by the comptroller.  Authorizes any meal
expenses incurred at a commercial lodging  establishment to be paid
directly to the establishment.  Requires a state agency to submit receipts
regarding the expense to the comptroller on request in the manner required
by the comptroller. Provides that if a reimbursement to  a state employee
for a lodging or meal expense would not be authorized,  a direct payment
to a commercial lodging establishment for the expense is prohibited.   

Sec.  660.115.  RECEIPTS.  Requires a state employee who requests
reimbursement for a lodging expense to submit a lodging receipt to the
comptroller at the time and in the manner required by the comptroller,
with exceptions.   

Sec.  660.116.  HOTEL OCCUPANCY AND SIMILAR TAXES.  Entitles a state
employee to be reimbursed for a state, county, or local hotel occupance
tax or any similar tax imposed by a law of this state, another state, or a
foreign nation.  Entitles a state employee to be reimbursed for a hotel
occupancy or similar tax from which the employee is legally exempt under
certain conditions.  Authorizes the agency to directly pay  a hotel
occupancy or similar tax to a commercial lodging establishment. 

Sec.  660.117.  APARTMENT OR HOUSE RENTAL EXPENSES.  Authorizes an
apartment or house rental expense to be reimbursed or paid only under
certain circumstances. 

Sec.  660.118.  INCIDENTAL EXPENSES.  Authorizes a state agency to
reimburse a state employee for an incidental expense incurred by the
employee only in accordance with rules adopted by the comptroller. 

SUBCHAPTER G.  SPECIAL TRAVEL EXPENSE PROVISIONS  

Sec.  660.141. TRAVEL BY CERTAIN INDIVIDUALS.  Entitles an individual to
be reimbursed for the actual expense of meals and lodging incurred while
performing the duties of the individual's office or employment if the
individual meets certain conditions.  Entitles the governor's spouse to be
reimbursed for actual travel expenses while performing certain duties.
Provides that a member of a board whose membership is not elected by vote
of the people is not a chief administrator. 

Sec.  660.142.  BOARD MEMBERS.  Provides that this chapter applies to a
payment or reimbursement of a travel expense incurred by a member of a
board only if Chapter 659C, Government Code, or other applicable law
authorizes the payment or reimbursement. 
 
Sec.  660.143.  TRAVEL BY PERSONS WITH DISABILITIES.  Sets forth the
provisions for payment and reimbursement of travel expenses incurred for
state employees with disabilities.  Provides that if this chapter, the
travel provisions of the General Appropriations Act, or a rule adopted by
the comptroller under this chapter conflicts with a requirement of the
Americans with Disabilities Act of 1990 (42 U.S.C.  Section 12101 et
seq.), a federal regulation adopted under that Act, or another applicable
federal law or regulation, the federal law or regulation controls to the
extent of the conflict. 

Sec.  660.144.  DEATH OF STATE EMPLOYEES.  Sets forth provisions for a
state agency to pay or reimburse the expense of preparing and transporting
the remains and personal property of a state employee who dies while
conducting official state business outside the employee's designated
headquarters.   

Sec.  660.145.  TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES AND THEIR
FAMILIES.  Authorizes a state agency to pay or reimburse a travel expense
incurred by a state employee or the family of a state employee who served
in certain law enforcement positions if the employee is threatened as a
result of the employee's official duties.  Provides that a travel expense
is payable or reimbursable even if it is incurred within a state
employee's designated headquarters. 

Sec.  660.146.  CONFLICTS WITH OTHER SUBCHAPTERS.  Provides that in the
event of a conflict between this subchapter and another provision of this
chapter, this subchapter controls.   

SECTION 11. Amends Section 659.031, Government Code, to redefine "state
board." 

SECTION 12. Repealer:  Sections 660.005, 660.022, 660.023, and 660.026,
Government Code (Travel By Public Conveyance, Approval of Rules By
Attorney General, Filing Of Rules, and Revolving Petty Cash Fund). 

SECTION 13. (a)  Defines "travel expense." 

(b) and (c)  Makes application of this Act prospective.

SECTION 14. Effective date:  September 1, 1997.

SECTION 15. Emergency clause.