IMF S.B. 645 75(R)BILL ANALYSIS


STATE AFFAIRS
S.B. 645
By: Armbrister (Ramsay)
5-13-97
Committee Report (Amended)



BACKGROUND

Currently, areas of exiting statute contain certain inconsistencies that
have been identified by the comptroller.  The comptroller has provided
several recommendations with respect to these statutes which attempt to
provide guidance about certain state fiscal issues, ensure that similarly
situated state employees are treated similarly by state agencies, and
improve the fiscal management of the state.    

This bill provides additional detail for several employee benefit laws so
that they will be interpreted and administered uniformly by state
agencies.  The comptroller is also provided with interpretive and
rulemaking authority over several benefit programs that are not
administered by any state agency under current law.  

PURPOSE

As proposed, S.B. 645 sets forth provisions related to state fiscal
matters, including holidays, employee compensation and deductions,
reports, consultants, and the comptroller's powers.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grant
additional rulemaking authority to the Comptroller of Public Accounts in
SECTIONS 13-20, 32, 36, 37, 67, 79 (Sections 403.026(a), 403.071(h),
659.062(e), 659.110, 661.038, 661.068, 661.094, 662.012, 403.0165(h) and
(i), 659.136(c), 659.137(a), 403.031(c), and 2101.0376(e), Government
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 659.083(c), Government Code, to redefine
"working day."  

SECTION 2. Amends Section 465.008(b), Government Code, to provide that
Chapter 2254B, Government Code, does not apply to use by the commission of
a consultant, rather than private consultant, to provide certain services,
except that in selecting the consultant the Texas National Research
Laboratory Commission is required to give preference required by Section
2254.027(2), rather than Section 3(b)(2) of that chapter.  

SECTION 3. Amends Section 2254.021, Government Code, to define "political
subdivision" and "state governmental entity," and to redefine "consultant"
and "state agency."   

SECTION 4. Amends Section 2254.022, Government Code, to make conforming
changes.  

SECTION 5. Amends Sections 2254.025(a), (b), and (e), Government Code, to
make conforming changes.   

SECTION 6. Amends Section 2254.026, Government Code, to authorize a state
agency to contract with a consultant only if the agency cannot adequately
perform the services with its own personnel or obtain the consulting
services through a contract with a state governmental agency, rather than
another agency, among other exceptions.  Makes conforming changes.  

 SECTION 7. Amends Section 2254.027, Government Code, to make conforming
changes.  

 SECTION 8. Amends Section 2254.028(a), Government Code, to make a
conforming change.  

SECTION 9. Amends Section 2254.029, Government Code, to make conforming
changes.  

SECTION 10. Amends Section 2254.030, Government Code, to make conforming
changes.  

SECTION 11. Amends Sections 2254.036(a) and (b), Government Code, to make
conforming changes.  

SECTION 12. Amends Section 2254.037, Government Code, to make a conforming
change.  

SECTION 13. Amends Chapter 403B, Government Code, by adding Section
403.026 that authorizes the comptroller to adopt rules to interpret,
implement, and administer a state statute under certain conditions.
Provides that Subsection (a) does not apply to a state statute if the
statute specifically authorizes the comptroller or a state agency to adopt
rules to interpret, implement, and administer the statute. 

SECTION 14. Amends Section 403.071(h), Government Code, to require the
comptroller to audit claims after payment in the same way that the
comptroller audits claims before payment under Subsection (a).  Authorizes
the comptroller to establish requirements and adopt rules concerning the
time that a state agency must retain documentation in its files to enable
a postpayment audit.  

SECTION 15. Amends Section 659.062, Government Code, by adding Subsection
(e) to authorize the comptroller to establish procedures and adopt rules
to administer this section.  

SECTION 16. Amends Chapter 659G, Government Code, by adding Section
659.110 that authorizes the comptroller to establish procedures and adopt
rules to administer the credit union deduction program authorized by this
subchapter.  

SECTION 17. Amends Chapter 661B, Government Code, by adding Section
661.038 that authorizes the comptroller to establish procedures and adopt
rules to administer this subchapter.  

SECTION 18. Amends Chapter 661C, Government Code, by adding Section
661.038 that makes a conforming change. 

SECTION 19. Amends Chapter 661D, Government Code, by adding Section
661.094 that makes a conforming change. 

SECTION 20. Amends Chapter 662A, Government Code, by adding Section
662.012 that authorizes the comptroller to establish procedures and adopt
rules to administer Sections 662.001-662.010, Government Code.  

SECTION 21. Amends Section 57.48(e), Education Code, to provide that this
section does not prohibit the comptroller from issuing a warrant to pay
the compensation of an individual whose compensation is being paid by a
private person through a state agency.  

SECTION 22. Amends Section 57.48(f)(4), Education Code, to provide that
this section does not prohibit a state agency from paying the compensation
of an individual whose compensation is being paid by a private person
through the agency.  

SECTION 23. Amends Section 403.055(c), Government Code, to make a
conforming change.  

 SECTION 24.  Amends Section 403.055(e)(4), Government Code, to make a
conforming change.  

SECTION 25. Amends Section 481.0841(c), Government Code, to provide that
this section does  not prohibit the comptroller from issuing a warrant or
initiating an electronic funds transfer to pay the compensation of an
individual whose compensation is being paid by a private person through a
state agency.   

SECTION 26. Amends Sections 481.0841(d)(2) and (4), Government Code, to
make conforming and nonsubstantive changes.  

SECTION 27. Amends Section 662.001, Government Code, by amending
Subdivisions (1) and (3) and adding Subdivision (4), to define "workday"
and to redefine "part-time state employee" and "state employee."  

SECTION 28. Amends Section 662.005, Government Code, to provide that an
individual who is a state employee on the last workday before or the first
workday after a national or state holiday, or on both workdays, except as
provided by Section 662.010, Government Code, is entitled to a paid day
off from working for a state agency on the holiday under certain
conditions.  Redefines "state employee."    

SECTION 29. Amends Sections 662.006(a) and (b), Government Code, to
provide that an individual who is a state employee on the last workday
before or the first workday after an optional holiday, or both workdays,
is entitled, except as provided by Section 662.010, Government Code, to a
paid day off from working for the state agency on the holiday under
certain conditions. Provides that a state employee is entitled to a paid
day off from working for a state agency on each day of an optional holiday
that extends for more than one day under certain conditions.    

SECTION 30. Amends Section 662.007(a), Government Code, to provide that a
state employee who is required to work on a national or state holiday is
entitled to compensatory time off during the 12 months after the holiday
if the state employee is entitled to a paid day off from working for a
state agency on the holiday under Section 662.005, Government Code.   

SECTION 31. Amends Section 662.010, Government Code, to prohibit an
individual who is not a state employee on the last workday before a state
or national holiday but who is a state employee on the first workday after
the holiday from being paid for the holiday under certain conditions.
Prohibits an individual who is a state employee on the last workday before
a state or national holiday but who is not a state employee on the first
workday after the holiday from being paid for the holiday under certain
conditions.  Redefines "state employee."  Deletes a definition of
"workday."  

SECTION 32. Amends Sections 403.0165(f), (h), and (i), Government Code, to
authorize an organization not previously certified to submit an
application for certification as an eligible state employee organization
to the comptroller at any time except during the period after June 2 and
before September 1, rather than within 90 days prior to the beginning of
the fiscal year. Authorizes, rather than requires, the comptroller to
charge an administrative fee to cover the costs incurred as a result of
administering this section.  Requires the administrative fees charged by
the comptroller to be paid by each qualifying state employee organization
in a certain manner. Authorizes the comptroller to adopt rules for the
administration of this section.  Makes conforming changes.  

SECTION 33. Amends Section 659.041, Government Code, to define
"appointment" and redefine "full-time state employee."    

SECTION 34. Amends Chapter 659D, by adding Section 659.0411 that requires
a state institution of higher learning to determine whether a state
employee who has more than one appointment with the institution holds only
one position or holds one position for each appointment.  Requires a board
of regents to determine whether a state employee who has an appointment
with at least two state institutions of higher education under the board's
jurisdiction holds only one position or holds one position  for each
appointment.  Provides that a state employee who has an appointment with
at least two state institutions of higher education holds more than one
position if those institutions are not governed by the same board of
regents.  
 
SECTION 35. Amends Section 659.132, Government Code, to authorize a state
employee to authorize a deduction only during a state employee charitable
campaign, except as provided by Subsections (c), (d), and (e).  Authorizes
a state employee who begins working for the state when a campaign is not
being conducted to authorize a deduction according to the comptroller's
requirements. Authorizes a state employee who works for a state agency
that does not allow deduction authorizations under Subsection (i) to
authorize a deduction that is effective with the first full payroll period
after the agency is converted to a system in which uniform statewide
payroll procedures are followed.  Authorizes a state employee who works
for a state agency that does not allow deduction authorizations under
Subsection (i) to authorize a deduction after transferring from that
agency to certain other state agencies.  Authorizes a state employee who
authorized a deduction while working for a state agency to continue the
deduction after transferring to another state agency if the comptroller's
rules for continuing the deduction are followed.  

SECTION 36. Amends Sections 659.136 (a) and (c), Government Code, to
prohibit a state employee from changing the eligible charitable
organization designated to receive the employee's deductions. Provides
that a revocation or change takes effect on the date designated by the
comptroller, by rule.  

SECTION 37. Amends Section 659.137, Government Code, to provide that a
deduction under this subchapter begins on the date designated by the
comptroller, by rule, and is effective for a maximum of one campaign year
and, unless revoked or changed under Section 659.139, Government Code,
ends on the date designated by the comptroller, by rule.    

SECTION 38. Amends Section 659.148(d), Government Code, to authorize the
comptroller to decline to charge an administrative fee if the comptroller
determines the costs that would be covered by the fee are insignificant.  

SECTION 39. Amends Section 659.109, Government Code, to delete a provision
authorizing an administrative fee withheld under this subchapter to be
used, without further appropriation, by the comptroller and the state
agencies incurring costs in administering this subchapter.  

SECTION 40. Amends Section 659.146(a), Government Code, to provide that a
charitable organization, to be eligible to participate in a state employee
charitable campaign, must be governed by a voluntary board of citizens to
set policy and manage the organization's affairs, if the organization
meets certain budgetary requirements.  

SECTION 41. Amends Sections 661.061(1) and (3), Government Code, to
redefine "national holiday" and "state holiday."   

SECTION 42. Amends Section 661.062(b), Government Code, to provide that a
separation from state employment includes a separation in which the
employee moves from a position in a state agency that does not accrue
vacation time, if the other state agency is not authorized or refuses to
credit the employee for the balance of the employee's vacation time as of
the date of the move, among other exceptions.  Makes conforming changes.  

SECTION 43. Amends Section 661.063, Government Code, to require payment
under this subchapter to a state employee who separates from state
employment while holding a position that does not accrue vacation time to
be computed according to this subsection. Requires the employee's final
rate of compensation in the last position held that accrues vacation time
to be multiplied by the employee's total number of hours of vacation time
determined under Section 661.064, Government Code.  Makes conforming
changes.  

SECTION 44. Amends Section 661.064, Government Code, to provide that no
hours may be added to a state employee's accrued vacation time for a state
or national holiday that is scheduled to fall within the period after the
date of separation and during which the employee could have used the time,
for an employee who is paid under this subchapter because the separation
from state  employment involves a move to an agency that does not accrue
vacation hours.   

 SECTION 45. Amends Chapter 662A, Government Code, by adding Section
662.0071 that requires a state agency to accept the balance of
compensatory time accrued under Section 662.007, Government Code, by a
state employee who transfers to that agency from another state agency if
the employee transfers as a direct result of certain factors.  Provides
that Subsection (a) does not apply if the transferring state employee is
required to apply for the new position. Defines "bid."  

SECTION 46. Amends Sections 403.016(f), Government Code, to authorize the
comptroller to use the electronic funds transfer system to deposit
payments only to one or more accounts of a payee, rather than payee's
account, at one or more financial institutions, except as provided by
Subdivision (2) and subject to any limitation in rules adopted by the
comptroller, an automated clearinghouse, or the federal government.
Authorizes the comptroller to use the electronic funds transfer system to
deposit a portion of an employee's net state salary to the employee's
account at a credit union under certain conditions.  

SECTION 47. Amends Section 403.248(c), Government Code, to define "final
accounting."  

SECTION 48. Amends Section 5, Article 3.50-2, V.T.C.S. (Texas Employees
Uniform Group Insurance Benefits Act), by adding Subsection (k), to
authorize the trustee to use an employee's annual salary in the
calculation of the amount of the employee's premium or coverage, or both,
under the plan, under certain conditions.  Provides that an employee's
annual salary includes the benefit replacement pay the employee would be
earning annually under Chapter 659H, Government Code (as added by Chapter
417, Acts of the 75th Legislature, Regular Session, 1995), if Section
659.121(1), Government Code, defined "compensation" to include base salary
or wages, longevity pay, hazardous duty pay, and night differential pay.  

SECTION 49. Amends Section 11, Article 3.50-2, V.T.C.S., by adding
Subsection (d), to provide that for the purpose of determining the amount
of an employee's optional term life insurance coverage, an employee's
annual salary includes the benefit replacement pay the employee would be
earning annually under Chapter 659H, Government Code (as added by Chapter
417, Acts of the 74th Legislature, Regular Session, 1995), if Section
569.121(1), Government Code, defined "compensation" to include only base
salary or wages, longevity pay, hazardous duty pay, and night differential
pay.     

SECTION 50. Amends Section 811.001(7), Government Code, to redefine
"compensation."  

SECTION 51. Amends Sections 822.201(b) and (c), to redefine "salary and
wages" and to provide that the benefit replacement pay a person earns as a
result of a payment made under Chapter 661B, C, or D, Government Code, is
excluded from this definition.    

SECTION 52. Amends Section 47.09(a), Penal Code, to provide that it is a
defense to prosecution under this chapter that the conduct was a necessary
incident to the operation of the state lottery and was directly or
indirectly authorized by the lottery division of the Texas Lottery
Commission, rather than the comptroller's office, or the Lottery
Commission, rather than the comptroller, among other conditions.  Makes a
conforming change.  

SECTION 53. Amends Section 2054.007(a), Government Code, to provide that
the lottery division of the Texas Lottery Commission is not subject to the
planning and procurement requirements of this chapter.  

SECTION 54. Amends Section 2103.003, Government Code, to authorize a state
agency to spend appropriated funds only by a warrant drawn by the
comptroller, a state agency to which the comptroller has delegated
authority to print warrants under Section 403.060, Government Code, or an
electronic funds transfer initiated by the comptroller.    

 SECTION 55. Amends Chapter 2103A, Government Code, by adding Section
2103.0035 that authorizes a state agency to spend unappropriated funds
only by a warrant drawn by certain entities, or an electronic funds
transfer initiated by the comptroller..  Provides that Subsection (a)
applies only to funds that Section 404.046 or 404.069, Government Code, or
other law requires  to be spent on warrants drawn or electronic funds
transfers initiated by the comptroller.   

SECTION 56. Amends Section 2103.004, Government Code, as follows:

Sec.  2103.004.  New heading:  WARRANTS AND ELECTRONIC FUNDS TRANSFERS.
Prohibits a warrant from being drawn or an electronic funds transfer
initiated until the state agency from whose appropriated or unappropriated
funds the warrant or electronic funds transfer is payable has submitted a
voucher to the comptroller, among other conditions.  

SECTION 57.  Amends Section 2151.002, Government Code, to redefine "state
agency."   

SECTION 58. Amends Section 2155.001, Government Code, to make a
nonsubstantive change.  

SECTION 59. Amends Section 2155.321, Government Code, to define "service"
and "state agency."  

SECTION 60. Amends Section 2155.322(b), Government Code, to require a
state agency to send to the comptroller the certification, together with
the financial information and purchase information provided by the invoice
and purchase voucher, on a form or in the manner agreed to by the
comptroller and the General Services Commission (commission) if state law
requires that a payment for the goods or services be made on a warrant
drawn or an electronic funds transfer initiated by the comptroller or a
state agency with delegated authority under Section 403.060, Government
Code.  

SECTION 61. Amends Section 2155.325(c), Government Code, to require the
comptroller to send the certification and purchase information received by
the comptroller under Section 2155.322(b), Government Code, to the
commission under commission rules.  

SECTION 62. Amends Section 2101.011, Government Code, as follows: 

Sec.  2101.011.  New heading:  FINANCIAL INFORMATION REQUIRED OF STATE
AGENCIES.  Requires a state agency, as defined by Section 403.013, to
submit the financial information requested by the comptroller and such
other information requested by the legislature in the General
Appropriations Act, including information and state funds held outside the
state treasury to certain governmental entities, including the Legislative
Reference Library, rather than the state treasurer.  Requires a state
agency to submit the information to the listed officials by the date or
dates provided in the General Appropriations Act.   Authorizes the
comptroller to require the reporting of the financial information for any
entity that the comptroller determines is a component unit of a statewide
reporting entity in accordance with generally accepted accounting
principles as prescribed or modified by the Governmental Accounting
Standards Board or its successors.  

SECTION 63. Amends Section 466.017(a), Government Code, to require the
certified public accountant to present an audit report to the comptroller
and certain other governmental entities not later than the 30th day after
the submission date for the annual financial report by the General
Appropriations Act.  

SECTION 64. Amends Section 2306.074(a), Government Code, to require the
state auditor or a certified public accountant to audit the department's
books and accounts each fiscal year and file a copy of the audit with the
governor, the comptroller, and the legislature not later than the 30th day
after the submission date for the annual financial report as required by
the General Appropriations Act.  Makes a conforming change.  

 SECTION 65. Amends Section 17(a), Article 5.76-3, Insurance Code, to
require the board of directors of the fund (board) to publish an
independently audited report analyzing certain information about the fund.
Requires the board to file the audited report with the Texas Department of
Insurance for inclusion in its annual financial report.  Requires the
annual financial report to be submitted by the Texas Department of
Insurance by the date provided for in the General Appropriations Act.  
 
SECTION 66. Amends Sections 403.021(a)-(d), Government Code, to require a
state agency that expends appropriated funds to report into the uniform
statewide accounting system all payables and binding encumbrances for the
first three quarters of the current appropriation year within 30 days
after the close of each quarter.  Requires binding encumbrances for all
appropriation years to be reported annually not later than September 30 of
each fiscal year.  Requires payable and binding encumbrances to be
reported for all appropriations in the format that the comptroller
prescribes. Requires the comptroller to lapse all unencumbered
nonconstruction appropriation balances for all prior appropriated years
based on the payables and binding encumbrances reported, on October 1,
rather than 31, of each fiscal year.  Authorizes the comptroller to
reinstate the agency's appropriations to the extent of the claim if an
agency submits a valid claim against a prior year's appropriation 30 days
or more after the reporting due date.  

SECTION 67. Amends Section 403.031, Government Code, by adding Subsection
that authorizes the comptroller in consultation with the state auditor and
the attorney general to develop standards and criteria to account for or
to reclassify receivables determined to be uncollectible.  Requires the
standards and criteria developed by the comptroller to comply with
generally accepted principles prescribed or modified by the Governmental
Accounting Standards Board or its successors and must provide proper
accounting controls to protect state finances. Requires the state auditor
and the attorney general to review and approve the standards and criteria
for classifications of receivables. Authorizes receivables to be
reclassified as collectible or uncollectible according to the process
approved by the state auditor or on a case-by-case basis as determined or
approved by  that office.  Provides that the classification of receivables
as uncollectible under this subsection does not constitute forgiveness of
the debt, and any indebted person to the state remains subject to Section
403.055, Government Code.  

SECTION 68. Amends Section 183.023, Tax Code, to require the comptroller
to deposit the revenue in the general revenue fund, rather than the mixed
beverage tax clearance fund.  

SECTION 69. Amends Section 74.006(d), Human Resource Code, to provide that
money in the trust fund may be invested and shall be accounted for
separately from other funds in the treasury. Authorizes the council to
direct the investment of funds consistent with the comptroller's authority
to invest finds under Section 404.024, Government Code.  Requires net
income and interest earned on money in the trust fund to be deposited to
the credit of the trust fund after the deduction of investment related
expenses.  

SECTION 70. Amends Section 403.003(b), Government Code, to require the
chief county clerk to take the official oath and give bond in the amount
of $70,000, rather than $10,000, payable and conditioned in a certain
manner.     

SECTION 71. Amends Section 14, Article 3.50-3, V.T.C.S., Insurance Code,
to provide that no employee covered under this Act shall be required to
pay the expenses of the committee established in this Act; however,
expenses for the administration of this self-insured plan as provided in
Section 4(d) of this Act,  may come from contributions of employees and
the state, after payment for any coverages provided for under this Act
have been made.  Deletes text providing that no employee under this
section shall be required to pay any administrative costs, fees, or tax
whatsoever to pay expenses of a state institution or committee as herein
established for administering this Act.  

SECTION 72. Amends Chapter 403A, Government Code, by adding Section
403.008, as follows:  

Sec.  403.008.  BONDS AND EMPLOYEES.  Requires the comptroller to give any
special bond required by certain governmental entities to protect federal
funds deposited with the  comptroller. Requires the state to pay the
expenses necessary and incidental to the execution of the bond. Requires
the comptroller to appoint other employees that are authorized by law and
required to perform certain functions relating to bonds.  Authorizes the
comptroller to also require an employee to be insured in a certain manner
and sum.  Requires the state to pay any expense incident to the execution
of the bonds and any insurance of the chief clerk and other employees.  

 SECTION 73. Amends Chapter 403B, Government Code, by adding Sections
403.027 and 403.028, as follows:  

Sec.  403.027.  ELECTRONIC STORAGE AND MAINTENANCE OF RECORDS. Authorizes
the comptroller to store and maintain a state record or an essential
record in an electronic storage format under certain conditions.  Provides
that an accurate reproduction of a state record that is stored and
maintained according to this section is a preservation duplicate of the
record for certain purposes, regardless of whether the records
preservation officer performs certain functions.  Provides that an
accurate reproduction of a state record that is stored and maintained
according to this section is a photographic reproduction of the record for
purposes of Section 441.038(f), Government Code.  Authorizes an accurate
reproduction of a state record or an essential record to be stored in
certain tangible or intangible forms.  Defines "essential record,"
"records preservation officer" and "state record."  

Sec.  403.028.  DIGITAL SIGNATURES.  Authorizes the comptroller to
establish a procedure for providing a digital signature under certain
conditions.  Provides that a digital signature has the same legal force
and effect for all purposes as a manual signature.  Provides that this
section does not apply to the electronic submission and approval of
vouchers under Chapter 2103, Government Code.  

SECTION 74. Amends Section 411.109, Government Code, as follows:

Sec.  411.109.  New heading:  ACCESS TO CRIMINAL HISTORY INFORMATION:
COMPTROLLER.  Provides that the comptroller is entitled to obtain from the
Department of Public Safety (department) certain information regarding
criminal history record information under certain conditions.  Provides
that the comptroller is entitled to obtain for the department criminal
history record information maintained by the department that relates to a
person who is an employee of or an applicant for employment with the
comptroller's office in a certain positions. Makes conforming and
nonsubstantive changes.    

SECTION 75. Amends Chapter 612, Government Code, by adding Section 612.004
that authorizes a state agency governed by a board to purchase or acquire
liability insurance to protect members of the board and the agency's
executive management staff.  Authorizes a state agency governed by an
appointed or elected official to purchase or acquire liability insurance
to protect the official and the agency's executive management staff.
Authorizes insurance purchased or acquired by a state agency under this
section to meet certain qualifications.  Provides that this section does
not authorize the purchase or acquisitions of insurance to protect against
liability other than liability described by Subsection (c). Authorizes a
state agency to use any available funds to purchase or acquire insurance.
Defines "board" and "state agency."  

SECTION 76. Amends Section 210.031(b), Government Code, to provide that
the comptroller, rather than the project advisory committee, develops or
revises a project under this section and to delete certain other functions
performed by the comptroller with regard to the project.  

SECTION 77. Amends Section 2101.035, Government Code, by amending
Subsection (d) and adding Subsections (e)-(g), to require the comptroller
to ensure that the uniform statewide accounting system encompasses each
state agency.  Deletes text authorizing the comptroller to exclude certain
agencies from certain functions of the statewide payroll component of the
system under certain  conditions. Sets forth certain requirements and
duties for the comptroller regarding the operations of a uniform statewide
payroll system including a standardized payroll calculations function.   

SECTION 78. Amends Section 2101.037, Government Code, by amending
Subsection (b) and adding Subsection (c), to delete a provision requiring
the comptroller to ensure reporting of information on encumbrances and
performance and workload measures.  Defines "financial management
information."  

SECTION 79. Amends Chapter 2101C, Government Code, by adding Sections
2101.0375 and 2101.0376, as follows:  
 
Sec.  2101.0375. WITHHOLDING OF TRAVEL EXPENSE REIMBURSEMENTS FOR LATE
REPORTING.  Sets forth the procedure for the comptroller regarding

SECTION 80. Amends Section 2101.038, Government Code, to delete a
provision requiring the state auditor to notify the project advisory
committee when a state agency is not in compliance. 

SECTION 81. Amends Section 2101.039, Government Code, to provide that
contracts made under this subchapter are not subject to Title 10D,
Government Code, rather than Article 601b, V.T.C.S.  Deletes a provision
requiring the project director to submit certain proposed contracts and
certain proposed purchases to the project advisory committee for review
and recommendation before procurement. 

SECTION 82.  Adds Sections 2101.032, 2101.035(b), and 404.042, Government
Code, to the list of sections that are repealed. 

SECTION 83.  Effective date:  immediate, except for Sections 1, 41-45,
47-51, 62-72, 78, 79, and 82(b) which take effect September 1, 1997. 

SECTION 84.  Makes application of this Act prospective.

SECTION 85.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment no. 1 (Section 46)

This is a correcting amendment that ensures that state employees can take
advantage of the most efficient method of transferring part of their
salary to their account at a credit union. 

Committee amendment no. 2 (Section 65)

The amendment is intended to clarify that the Texas Department of
Insurance is not required to combine the  Worker's Compensation Insurance
Fund's annual financial report with the department's annual financial
report, but simply that the two reports must be filed at the same time. 

Committee amendment no. 3 (Section 66)

Restores the language that requires state agencies to file binding
encumbrance reports on October 30.