By: Ratliff, West, Wentworth S.B. No. 31
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the powers and duties of agencies in the executive,
1-2 legislative, and judicial branches of state government, including
1-3 authorizations for and restrictions on the use of state funds and
1-4 the compensation of employees and contractors.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 321, Government Code, is amended by
1-7 adding Section 321.0137 to read as follows:
1-8 Sec. 321.0137. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM
1-9 AUDIT. A historically underutilized business program audit is an
1-10 audit to determine, according to the established program rules,
1-11 whether an agency is making a good faith effort to comply with the
1-12 program authorized in Chapter 2161, including whether the agency
1-13 has:
1-14 (1) adopted and complied with rules, strategic plans,
1-15 and procedures governing the agency's historically underutilized
1-16 business contract awards in accordance with the General Services
1-17 Commission's rules;
1-18 (2) used the General Services Commission's
1-19 historically underutilized business list and other sources to
1-20 identify historically underutilized businesses that can, and are
1-21 available to, meet agency needs;
1-22 (3) made marketing and outreach efforts to
1-23 historically underutilized businesses;
2-1 (4) designated an employee with appropriate experience
2-2 and authority to serve as the agency's historically underutilized
2-3 business coordinator;
2-4 (5) established objective measures in performance
2-5 evaluations for all employees involved in negotiating or making
2-6 contracting decisions to measure improvements in the agency's
2-7 historically underutilized business participation; and
2-8 (6) submitted valid data for historically
2-9 underutilized business reporting to the commission.
2-10 SECTION 2. Subsection (c), Section 321.014, Government Code,
2-11 is amended to read as follows:
2-12 (c) The State Auditor shall submit each report to the
2-13 committee prior to publication. The State Auditor shall file a
2-14 copy of each report prepared under this section with:
2-15 (1) the governor;
2-16 (2) the lieutenant governor;
2-17 (3) the speaker of the house of representatives;
2-18 (4) the secretary of state;
2-19 (5) the Legislative Reference Library;
2-20 (6) the chairman of the governing body and the
2-21 administrative head of each entity that is the subject of the
2-22 report; [and]
2-23 (7) members of the legislature on a committee with
2-24 oversight responsibility for the entity or program that is the
2-25 subject of the report; and
3-1 (8) the General Services Commission, for those audits
3-2 conducted under Section 321.0137.
3-3 SECTION 3. Section 324.008, Government Code, is amended by
3-4 adding Subsections (d) and (e) to read as follows:
3-5 (d) The governing body of a state agency shall deliver to
3-6 the library immediately after transcription a certified copy of the
3-7 minutes of any meeting of the governing body. Any changes or
3-8 corrections to the minutes shall also be delivered to the library.
3-9 (e) For purposes of this section, "state agency" has the
3-10 meaning assigned by Sections 2151.002(2)(A) and (C).
3-11 SECTION 4. Section 325.011, Government Code, is amended to
3-12 read as follows:
3-13 Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
3-14 staff shall consider the following criteria in determining whether
3-15 a public need exists for the continuation of a state agency or its
3-16 advisory committees or for the performance of the functions of the
3-17 agency or its advisory committees:
3-18 (1) the efficiency with which the agency or advisory
3-19 committee operates;
3-20 (2) an identification of the objectives intended for
3-21 the agency or advisory committee and the problem or need that the
3-22 agency or advisory committee was intended to address, the extent to
3-23 which the objectives have been achieved, and any activities of the
3-24 agency in addition to those granted by statute and the authority
3-25 for these activities;
4-1 (3) an assessment of less restrictive or alternative
4-2 methods of performing any regulation that the agency performs that
4-3 could adequately protect the public;
4-4 (4) the extent to which the advisory committee is
4-5 needed and is used;
4-6 (5) the extent to which the jurisdiction of the agency
4-7 and the programs administered by the agency overlap or duplicate
4-8 those of other agencies and the extent to which the programs
4-9 administered by the agency can be consolidated with the programs of
4-10 other state agencies;
4-11 (6) whether the agency has recommended to the
4-12 legislature statutory changes calculated to be of benefit to the
4-13 public rather than to an occupation, business, or institution that
4-14 the agency regulates;
4-15 (7) the promptness and effectiveness with which the
4-16 agency disposes of complaints concerning persons affected by the
4-17 agency;
4-18 (8) the extent to which the agency has encouraged
4-19 participation by the public in making its rules and decisions as
4-20 opposed to participation solely by those it regulates and the
4-21 extent to which the public participation has resulted in rules
4-22 compatible with the objectives of the agency;
4-23 (9) the extent to which the agency has complied with
4-24 applicable requirements of an agency of the United States or of
4-25 this state regarding equality of employment opportunity and the
5-1 rights and privacy of individuals;
5-2 (10) the extent to which changes are necessary in the
5-3 enabling statutes of the agency so that the agency can adequately
5-4 comply with the criteria listed in this section;
5-5 (11) the extent to which the agency issues and
5-6 enforces rules relating to potential conflicts of interest of its
5-7 employees;
5-8 (12) the extent to which the agency complies with
5-9 Chapter 552[,] and with Chapter 551; [and]
5-10 (13) the extent to which the agency has complied with
5-11 requirements of state statutes and state agency rules regarding
5-12 purchasing goals and programs for historically underutilized
5-13 businesses; and
5-14 (14) the effect of federal intervention or loss of
5-15 federal funds if the agency is abolished.
5-16 SECTION 5. Subchapter B, Chapter 403, Government Code, is
5-17 amended by adding Sections 403.0131 and 403.0132 to read as
5-18 follows:
5-19 Sec. 403.0131. REPORT TO LEGISLATURE. As soon as practical
5-20 after the comptroller certifies the appropriations made by the
5-21 legislature in a regular or special session, the comptroller shall
5-22 prepare a summary table for the legislature that details the basis
5-23 for the certification of all major funds. The table must be
5-24 similar in format and detail to the major estimates summary tables
5-25 published in the comptroller's biennial revenue estimate and shall
6-1 include the biennial appropriations from all major funds.
6-2 Sec. 403.0132. REPORT OF EXPENDITURES BY STATE AGENCY IN
6-3 COUNTY. (a) The comptroller shall prepare an annual report
6-4 detailing the expenditures by state agencies in each county.
6-5 (b) The report must include:
6-6 (1) the total expenditures by each agency in each
6-7 county; and
6-8 (2) the type of expenditure by object or other
6-9 classification as determined by the comptroller.
6-10 (c) The comptroller shall, if possible, report all
6-11 expenditures from funds in the state treasury to reflect the
6-12 delivery of goods and services by county. The comptroller shall
6-13 estimate the expenditures by county in all other circumstances.
6-14 (d) Each state agency shall provide the comptroller with the
6-15 necessary information to complete the report.
6-16 (e) Not later than December 1 of each year, the comptroller
6-17 shall file a copy of the report with the governor, the lieutenant
6-18 governor, the speaker of the house of representatives, and the
6-19 Legislative Budget Board.
6-20 SECTION 6. Section 403.021, Government Code, is amended to
6-21 read as follows:
6-22 Sec. 403.021. ENCUMBRANCE REPORTS. (a) A state agency that
6-23 expends appropriated funds shall report into the uniform statewide
6-24 accounting system all payables and binding encumbrances for the
6-25 first three quarters of the current appropriation year within 30
7-1 days after the close of each quarter. Binding encumbrances for all
7-2 appropriation years shall be reported annually not later than
7-3 September 30 of each fiscal [submit a binding encumbrance report to
7-4 the comptroller and the state auditor no later than October 30 of
7-5 each] year.
7-6 (b) The report must indicate the unencumbered balance, if
7-7 any, of each nonconstruction appropriation for the preceding fiscal
7-8 quarter [year]. The report must be made in the format that the
7-9 comptroller prescribes. The comptroller may reject a report if it
7-10 does not contain sufficient information or comply with the
7-11 comptroller's prescribed format.
7-12 (c) On October 31 of each year, the comptroller shall lapse
7-13 all unencumbered balances based on information in the binding
7-14 encumbrance reports for the preceding fiscal year.
7-15 (d) If an agency has not submitted a report by October 31,
7-16 the comptroller shall lapse the unexpended balance of the agency's
7-17 appropriations. If the agency subsequently submits a report, the
7-18 comptroller shall reinstate the agency's appropriations to the
7-19 extent they were encumbered but unexpended.
7-20 (e) If a state agency submits a claim that is legally
7-21 payable against an appropriation for an earlier year and the
7-22 balance of the appropriation is insufficient to pay the claim, then
7-23 the comptroller may reopen the appropriation to pay the claim. A
7-24 claim is legally payable from an appropriation only if the
7-25 appropriation was encumbered to pay the claim before the expiration
8-1 of the appropriation.
8-2 (f) Each state agency shall reconcile all expenditures,
8-3 binding encumbrances, payables, and accrued expenditures, as
8-4 reported in the uniform statewide accounting system, with the state
8-5 agency's strategic planning and budget structure, as reported in
8-6 the automated budget and evaluation system prescribed by the
8-7 Legislative Budget Board.
8-8 (g)(1) In addition to submitting the binding encumbrance
8-9 reports required by Subsections (a) through (e), a state agency
8-10 that expends appropriated funds shall submit a nonbinding
8-11 encumbrance report each month to the comptroller through the
8-12 uniform statewide accounting system. A report is due not [no]
8-13 later than the 45th day after the end of the month covered by the
8-14 report.
8-15 (2) On receipt of a report, the comptroller shall
8-16 provide the information in the report to the Legislative Budget
8-17 Office and the state auditor.
8-18 (3) A state agency may use electronic media transfer
8-19 of data to satisfy the requirements of this subsection.
8-20 [(4) This subsection does not apply until the uniform
8-21 statewide accounting system is fully implemented.]
8-22 (h) [(g)] The comptroller may adopt rules to administer this
8-23 section.
8-24 SECTION 7. Subchapter C, Chapter 552, Government Code, is
8-25 amended by adding Section 552.125 to read as follows:
9-1 Sec. 552.125. EXCEPTION: CERTAIN DOCUMENTS SUBMITTED FOR
9-2 CERTIFICATION AS HISTORICALLY UNDERUTILIZED BUSINESS. All
9-3 financial and other types of private, confidential documentation
9-4 and information submitted for the purpose of determining economic
9-5 status and ownership interests of businesses under Chapter 2161 are
9-6 excepted from the requirements of Section 552.021.
9-7 SECTION 8. Subchapter B, Chapter 656, Government Code, is
9-8 amended by adding Section 656.026 to read as follows:
9-9 Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is
9-10 not required to comply with the requirements of this subchapter or
9-11 Subchapter A when the agency transfers or reassigns an employee as
9-12 part of a reorganization or merger mandated by the legislature if
9-13 the executive head of the agency certifies that the transfer or
9-14 reassignment is necessary for the proper implementation of the
9-15 reorganization or merger.
9-16 SECTION 9. Subsection (a), Section 658.005, Government Code,
9-17 is amended to read as follows:
9-18 (a) Normal office hours of a state agency are from 8 a.m. to
9-19 5 p.m., Monday through Friday. These hours are the regular working
9-20 hours for a full-time state employee. The offices of a state
9-21 agency shall remain open during the noon hour each working day with
9-22 at least one person on duty to accept calls, receive visitors, or
9-23 transact business.
9-24 SECTION 10. Section 658.006, Government Code, is amended to
9-25 read as follows:
10-1 Sec. 658.006. STAGGERED WORKING HOURS[; CAPITOL AREA IN
10-2 AUSTIN]. Normal working hours for employees of a state agency [in
10-3 the Capitol area in Austin] may be staggered [as authorized by the
10-4 General Appropriations Act] for traffic regulation or public
10-5 safety.
10-6 SECTION 11. Chapter 658, Government Code, is amended by
10-7 adding Section 658.008 to read as follows:
10-8 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVES. To
10-9 facilitate participation in military duties by state employees,
10-10 each state agency, including each institution of higher education
10-11 as defined by Section 61.003, Education Code, shall adjust the work
10-12 schedule of any employee who is a member of the Texas National
10-13 Guard or the United States Armed Forces Reserves so that two of the
10-14 employee's days off work each month coincide with two days of
10-15 military duty to be performed by the employee.
10-16 SECTION 12. Subchapter A, Chapter 659, Government Code, is
10-17 amended by adding Sections 659.004 through 659.007 to read as
10-18 follows:
10-19 Sec. 659.004. PAYROLL REPORTING. (a) The comptroller, in
10-20 consultation with the state auditor, shall adopt rules that
10-21 prescribe uniform procedures for payroll reporting for all state
10-22 agencies and that are designed to:
10-23 (1) facilitate the auditing of payrolls;
10-24 (2) assure conformity with this chapter and the
10-25 General Appropriations Act; and
11-1 (3) provide the legislative audit committee with
11-2 current information on employment and wage rate practices in state
11-3 government.
11-4 (b) In this section, "state agency" has the meaning assigned
11-5 by Section 2151.002.
11-6 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
11-7 may not be made from the salary or wages of a state employee
11-8 because the employee is called for jury service, including a
11-9 deduction for any fee or compensation the employee receives for the
11-10 jury service.
11-11 (b) A state officer or employee who appears as a witness in
11-12 an official capacity in a judicial proceeding or legislative
11-13 hearing may not accept or receive a witness fee for the appearance.
11-14 (c) A state officer or employee who appears as a witness in
11-15 an unofficial capacity in a judicial proceeding or legislative
11-16 hearing to testify from personal knowledge concerning matters
11-17 related to the proceeding or hearing is entitled to receive any
11-18 customary witness fees for the appearance.
11-19 (d) A state officer or employee who appears as an expert
11-20 witness in a judicial proceeding or legislative hearing may accept
11-21 compensation for the appearance only if the person is not also
11-22 compensated by the state for the person's time in making the
11-23 appearance and may accept reimbursement for travel expenses only if
11-24 the expenses are not reimbursed by the state.
11-25 (e) A state officer or employee may receive reimbursement
12-1 for travel and a per diem or reimbursement for expenses connected
12-2 to an appearance in an official capacity as a witness in a judicial
12-3 proceeding or legislative hearing only from the state or the
12-4 judicial body.
12-5 Sec. 659.006. WITHHOLDINGS, DEDUCTIONS, AND MATCHING
12-6 CONTRIBUTIONS: TAX AND RETIREMENT LAWS. (a) The state shall
12-7 withhold money from salaries and wages paid to state officers and
12-8 employees in accordance with applicable federal law, including
12-9 federal law relating to withholding for purposes of the federal
12-10 income tax or social security. The state shall make any required
12-11 employer contributions in accordance with applicable federal law.
12-12 (b) The state also shall withhold money from salaries and
12-13 wages paid to state officers and employees in accordance with
12-14 applicable state retirement laws. The state shall make required
12-15 matching contributions in accordance with those laws on payroll
12-16 forms prescribed by the comptroller.
12-17 (c) The comptroller shall issue warrants in accordance with
12-18 this section.
12-19 Sec. 659.007. ADJUSTMENT FOR INACCURATE PAYMENT. The
12-20 comptroller by rule shall prescribe procedures for state agencies
12-21 to follow in making adjustments to payrolls for the pay period
12-22 immediately following the period in which an inaccurate payment or
12-23 deduction is made or in which other error occurs.
12-24 SECTION 13. Subchapter B, Chapter 659, Government Code, is
12-25 amended by adding Sections 659.015 through 659.017 to read as
13-1 follows:
13-2 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
13-3 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
13-4 state employee who is subject to the overtime provisions of the
13-5 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
13-6 seq.) and who is not an employee of the legislature, including an
13-7 employee of the lieutenant governor, or of a legislative agency.
13-8 (b) The employee is entitled to compensation for overtime as
13-9 provided by this section and federal law. To the extent that this
13-10 section and federal law prescribe a different rule for the same
13-11 circumstance, federal law controls without regard to whether this
13-12 section or federal law prescribes a stricter rule.
13-13 (c) An employee who is required to work more than 40 hours
13-14 in a workweek is entitled to compensation for the overtime hours:
13-15 (1) by taking compensatory time off at the rate of
13-16 1-1/2 hours off for each hour of accrued overtime, if the employing
13-17 agency allows or requires the employee to do so; or
13-18 (2) by receiving pay for the overtime hours at the
13-19 rate of 1-1/2 times the employee's regular hourly rate of pay, if
13-20 the employing agency determines it is impractical for the employee
13-21 to take compensatory time off as compensation for the overtime.
13-22 (d) Holidays or other paid leave taken during a workweek are
13-23 not counted as hours worked in computing the number of overtime
13-24 hours under Subsection (c) or (e).
13-25 (e) An employee may not accumulate more than 240 hours of
14-1 overtime credit that may be taken as compensatory leave under
14-2 Subsection (c)(1), except that an employee engaged in a public
14-3 safety activity, an emergency response activity, or a seasonal
14-4 activity may accumulate, in accordance with 29 U.S.C. Section
14-5 207(o)(3)(A), not more than 480 hours of overtime credit that may
14-6 be taken as compensatory leave under Subsection (c)(1). An
14-7 employee must be paid at the rate prescribed by Subsection (c)(2)
14-8 for the number of overtime hours the employee works that cause the
14-9 employee to exceed the amount of overtime credit the employee may
14-10 accumulate. In this subsection, "overtime credit" means the number
14-11 of hours that is computed by multiplying the number of overtime
14-12 hours worked by 1-1/2.
14-13 (f) When an employee does not work more than 40 hours in a
14-14 workweek but the number of hours worked plus the number of hours of
14-15 holiday or other paid leave taken during the workweek exceeds 40
14-16 hours, the employee is entitled to compensatory time off at the
14-17 rate of one hour off for each of the excess hours. When an
14-18 employee does work 40 or more hours in a workweek and in addition
14-19 takes holiday or other paid leave during the workweek, and the
14-20 total number of hours worked exceeds 40 after subtraction of the
14-21 hours compensable under Subsections (c)-(e), the employee is
14-22 entitled to compensatory time off at the rate of one hour off for
14-23 each of the hours in excess of 40. When an employee does not work
14-24 more than 40 hours in a workweek and the number of hours worked
14-25 plus the number of hours of holiday or other paid leave taken
15-1 during the week does not exceed 40 hours, the employee may not
15-2 accrue compensatory time for the week under this section.
15-3 (g) Compensatory time off to which an employee is entitled
15-4 under Subsection (f) because of excess hours in a workweek
15-5 attributable to having taken holiday or other paid leave must be
15-6 taken during the 12-month period following the end of the workweek
15-7 in which the compensatory time is accrued or it lapses. An
15-8 employee may not be paid for that compensatory time. However, an
15-9 employee of an institution of higher education as defined by
15-10 Section 61.003, Education Code, or an employee engaged in a public
15-11 safety activity, including highway construction and maintenance or
15-12 an emergency response activity, may be paid at any time at the
15-13 employee's regular rate of pay for that compensatory time if the
15-14 employer determines that taking the compensatory time off would
15-15 disrupt normal teaching, research, or other critical functions.
15-16 (h) Hospital, fire protection, and law enforcement
15-17 personnel, including security personnel in correctional
15-18 institutions, are governed by the federal Fair Labor Standards Act
15-19 of 1938 (29 U.S.C. Section 201 et seq.) provisions applicable to
15-20 those employees, including the exceptions to the standard overtime
15-21 computation for a workweek.
15-22 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
15-23 SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This
15-24 section applies only to a state employee who is not subject to the
15-25 overtime provisions of the federal Fair Labor Standards Act of 1938
16-1 (29 U.S.C. Section 201 et seq.) and who is not an employee of the
16-2 legislature, including an employee of the lieutenant governor, or
16-3 of a legislative agency.
16-4 (b) When the sum of hours worked plus holiday or other paid
16-5 leave taken by an employee during a workweek exceeds 40 hours, and
16-6 not otherwise, the employee may be allowed to accrue compensatory
16-7 time for the number of hours that exceeds 40 hours.
16-8 (c) An employee who is exempt as an executive, professional,
16-9 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
16-10 allowed compensatory time off during the 12-month period following
16-11 the end of the workweek in which the overtime was accrued, at a
16-12 rate not to exceed one hour of compensatory time off for each hour
16-13 of overtime accrued.
16-14 (d) In accordance with 29 C.F.R. Section 541.118 and subject
16-15 to that section's exceptions as described by this section, an
16-16 employee who is exempt as an executive, professional, or
16-17 administrative employee under 29 U.S.C. Section 213(a)(1) is
16-18 entitled to receive full salary for any week in which the employee
16-19 performs work without regard to the number of days and hours
16-20 worked. This is also subject to the general rule that an employee
16-21 need not be paid for any workweek in which the employee performs no
16-22 work.
16-23 (e) A deduction may be made from the salary of an employee
16-24 who is exempt as an executive, professional, or administrative
16-25 employee under 29 U.S.C. Section 213(a)(1) if:
17-1 (1) the employee is not at work for a full day or
17-2 longer for personal reasons other than sickness, accident, jury
17-3 duty, attendance as a witness at a judicial proceeding, or
17-4 temporary military leave;
17-5 (2) the employee is not at work for a full day or
17-6 longer because of sickness or disability, including sickness or
17-7 disability covered by workers' compensation benefits, and the
17-8 employee's paid sick leave or workers' compensation benefits have
17-9 been exhausted;
17-10 (3) the deduction is a penalty imposed for a violation
17-11 of a significant safety rule relating to prevention of serious
17-12 danger in the workplace to other persons, including other
17-13 employees; or
17-14 (4) in accordance with the special provisions
17-15 applicable to executive, professional, or administrative employees
17-16 of public agencies set forth in 29 C.F.R. Section 541.5d, the
17-17 employee is not at work for less than one day for personal reasons
17-18 or because of illness or injury and accrued leave is not used by
17-19 the employee because:
17-20 (A) permission to use accrued leave was not
17-21 sought or was denied;
17-22 (B) accrued leave has been exhausted; or
17-23 (C) the employee chooses to use leave without
17-24 pay.
17-25 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
18-1 from the pay of an executive, professional, or administrative
18-2 employee because of an absence from work caused by a furlough
18-3 related to the budget does not affect the employee's status as an
18-4 employee paid on a salary basis, except for any workweek in which
18-5 the furlough occurs and for which the employee's pay is accordingly
18-6 reduced.
18-7 (g) If a deduction is made from an employee's salary in
18-8 violation of United States Department of Labor regulations, the
18-9 employee is entitled to retroactive reimbursement of the amount
18-10 that should not have been deducted.
18-11 (h) An employee who is not subject to the federal Fair Labor
18-12 Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
18-13 the employee is a staff member, appointee, or immediate adviser of
18-14 an elected officeholder may be allowed compensatory time off under
18-15 the terms and conditions determined by the officeholder.
18-16 (i) An employee covered by this section may not be paid for
18-17 any unused compensatory time.
18-18 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
18-19 EMPLOYEES. Consistent with the requirements of the federal Fair
18-20 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
18-21 overtime pay and compensatory time off for employees of the
18-22 legislative branch, including employees of the lieutenant governor,
18-23 are determined as follows:
18-24 (1) for employees of the house of representatives or
18-25 the senate, by the presiding officer of the appropriate house of
19-1 the legislature;
19-2 (2) for employees of an elected officeholder, by the
19-3 employing officeholder; and
19-4 (3) for employees of a legislative agency, by the
19-5 administrative head of the agency.
19-6 SECTION 14. Section 659.081, Government Code, is amended to
19-7 read as follows:
19-8 Sec. 659.081. Payment Once a Month. Except as provided by
19-9 this subchapter or the General Appropriations Act, annual salaries
19-10 for state officers and employees shall be paid once a month.
19-11 SECTION 15. Subchapter F, Chapter 659, Government Code, is
19-12 amended by adding Section 659.085 to read as follows:
19-13 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
19-14 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
19-15 monthly salary for an annual employee who maintains a 40-hour
19-16 workweek and is covered under Chapter 658 is computed by dividing
19-17 the annual salary for the person's position set in or in accordance
19-18 with the General Appropriations Act by 12.
19-19 (b) For purposes of partial payment or other applicable
19-20 situations, the employee's hourly rate of pay for a given month is
19-21 computed by dividing the employee's monthly salary by the number of
19-22 working hours in the month. When the employee is on leave without
19-23 pay, compensation for the pay period is reduced by an amount
19-24 computed by multiplying the employee's hourly rate of pay times the
19-25 number of hours the employee was on leave without pay.
20-1 (c) The salary rate of a part-time employee must be
20-2 proportional to the regular salary for the position set in or in
20-3 accordance with the General Appropriations Act.
20-4 (d) An agency that may contract with its employees for
20-5 employment for less than a 12-month period may make equal monthly
20-6 salary payments under the contract during the contract period.
20-7 SECTION 16. Subsection (c), Section 661.033, Government
20-8 Code, is amended to read as follows:
20-9 (c) Payment under this section may not be for more than:
20-10 (1) all of the state employee's accumulated vacation
20-11 leave; and
20-12 (2) one-half of the state employee's accumulated sick
20-13 leave or 336 hours of sick leave, whichever is less.
20-14 SECTION 17. Section 661.062, Government Code, is amended by
20-15 amending Subsections (a) and (b) and adding Subsection (f) to read
20-16 as follows:
20-17 (a) A state employee who, at any time during the employee's
20-18 lifetime, has accrued six months of continuous state employment and
20-19 who resigns, is dismissed, or otherwise [for any reason] separates
20-20 from state employment is entitled to be paid for the accrued
20-21 balance of the employee's vacation time as of the date of
20-22 separation, if the individual is not reemployed by the state during
20-23 the 30-day period immediately following the date of separation from
20-24 state employment in a position under which the employee accrues
20-25 vacation leave.
21-1 (b) A separation from state employment includes a separation
21-2 in which the employee:
21-3 (1) leaves one state agency to begin working for
21-4 another state agency[, if one or more workdays occur between the
21-5 two employments];
21-6 (2) moves from a position in a state agency that
21-7 accrues vacation time to a position in that agency that does not
21-8 accrue vacation time, if the agency agrees to pay the employee for
21-9 the accrued balance of the employee's vacation time;
21-10 (3) moves from a position in a state agency that
21-11 accrues vacation time to a position in another state agency that
21-12 does not accrue vacation time, if the other state agency refuses to
21-13 credit the employee for the balance of the employee's vacation time
21-14 as of the date of the move; or
21-15 (4) holds two or more positions, and separates from
21-16 one that accrues vacation time.
21-17 (f) Payment for accrued vacation leave for employees of the
21-18 legislative branch, including employees of the lieutenant governor,
21-19 is determined as follows:
21-20 (1) for employees of either house of the legislature,
21-21 a member of the legislature, or the lieutenant governor, by the
21-22 presiding officer of the appropriate house of the legislature; and
21-23 (2) for employees of a legislative agency, by the
21-24 administrative head of the agency.
21-25 SECTION 18. Chapter 661, Government Code, is amended by
22-1 adding Subchapters F, G, H, and Z to read as follows:
22-2 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION LEAVE
22-3 Sec. 661.151. STATE AUDITOR INTERPRETATIONS. (a) The state
22-4 auditor shall provide a uniform interpretation of this subchapter
22-5 and Subchapters G, H, and Z.
22-6 (b) The state auditor shall report to the governor and the
22-7 legislature any state agency or institution of higher education
22-8 that practices exceptions to those laws.
22-9 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
22-10 state employee is entitled to a vacation in each fiscal year
22-11 without a deduction in salary, except for a state employee who is:
22-12 (1) an employee of an institution of higher education
22-13 as defined by Section 61.003, Education Code, who:
22-14 (A) is not employed to work at least 20 hours
22-15 per week for a period of at least four and one-half months; or
22-16 (B) is employed in a position for which the
22-17 employee is required to be a student as a condition of the
22-18 employment;
22-19 (2) a faculty member employed for a period of fewer
22-20 than 12 months by an institution of higher education as defined by
22-21 Section 61.003, Education Code; or
22-22 (3) an instructional employee employed for a period of
22-23 fewer than 12 months by the Texas School for the Blind and Visually
22-24 Impaired or the Texas School for the Deaf.
22-25 (b) The amount of vacation accrues and may be taken in
23-1 accordance with this subchapter.
23-2 (c) A part-time employee accrues vacation leave on a
23-3 proportionate basis. The maximum amount of vacation leave a
23-4 part-time employee may carry forward from one fiscal year to the
23-5 next is also on a proportionate basis.
23-6 (d) An employee accrues vacation leave and may carry
23-7 vacation leave forward from one fiscal year to the next in
23-8 accordance with the following schedule:
23-9 Maximum Hours
23-10 Carried Forward
23-11 Hours Accrued From One Fiscal
23-12 Per Month for Year to the Next
23-13 Employees With Total State Full-time for a
23-14 Employment of: Employment Full-time Employee
23-15 less than 2 years 7 168
23-16 at least 2 but less than 5 years 8 232
23-17 at least 5 but less than 10 years 9 256
23-18 at least 10 but less than 15 years 10 280
23-19 at least 15 but less than 20 years 12 328
23-20 at least 20 years or more 14 376
23-21 (e) An employee accrues vacation leave at the applicable
23-22 rate beginning on the first day of state employment and ending on
23-23 the last day of state employment. An employee accrues and is
23-24 entitled to be credited for one month's vacation leave for each
23-25 month or fraction of a month of employment with the state,
24-1 beginning on the first day of employment with the state and on the
24-2 first calendar day of each succeeding month of state employment.
24-3 (f) An employee may not take vacation leave with pay until
24-4 the employee has six months of continuous employment with the
24-5 state, although the employee accrues vacation leave during that
24-6 period.
24-7 (g) If an employee's state employment anniversary date
24-8 occurs on the first calendar day of a month, the employee begins to
24-9 accrue vacation leave at a higher rate in accordance with
24-10 Subsection (d) on the first calendar day of the appropriate month.
24-11 Otherwise, the employee begins to accrue vacation leave at the
24-12 higher rate on the first calendar day of the month following the
24-13 anniversary date. An employee who begins working on the first
24-14 workday of a month in a position that accrues vacation leave is
24-15 considered to have begun working on the first calendar day of the
24-16 month for purposes of this subsection.
24-17 (h) An employee is entitled to carry forward from one fiscal
24-18 year to the next the net balance of unused accumulated vacation
24-19 leave that does not exceed the maximum number of hours allowed
24-20 under Subsection (d). All hours of unused accumulated vacation
24-21 leave that lapse at the end of a fiscal year under this subsection
24-22 and Subsection (d) shall be credited to the employee's sick leave
24-23 balance on the first day of the next fiscal year.
24-24 (i) In computing the amount of vacation leave taken, time
24-25 during which an employee is excused from work because of a holiday
25-1 is not charged against the employee's vacation leave.
25-2 (j) An employee who is on paid leave on the first workday of
25-3 a month may not take vacation leave accrued for that month until
25-4 the employee has returned to duty.
25-5 (k) An individual who is reemployed by a state agency within
25-6 30 days after the individual's date of separation from state
25-7 employment in a position under which the employee accrues vacation
25-8 leave is entitled to reinstatement of the balance of the employee's
25-9 previously accrued vacation leave.
25-10 Sec. 661.153. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
25-11 Vacation leave for employees of the legislative branch, including
25-12 employees of the lieutenant governor, is determined as follows:
25-13 (1) for employees of either house of the legislature,
25-14 a member of the legislature, or the lieutenant governor, by the
25-15 presiding officer of the appropriate house of the legislature; and
25-16 (2) for employees of a legislative agency, by the
25-17 administrative head of the agency.
25-18 (Sections 661.154-661.200 reserved for expansion
25-19 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE
25-20 Sec. 661.201. APPLICABILITY. (a) Sick leave for employees
25-21 of the legislative branch, including employees of the lieutenant
25-22 governor, is determined as follows:
25-23 (1) for employees of either house of the legislature,
25-24 a member of the legislature, or the lieutenant governor, by the
25-25 presiding officer of the appropriate house of the legislature; and
26-1 (2) for employees of a legislative agency, by the
26-2 administrative head of the agency.
26-3 (b) An employee of an institution of higher education as
26-4 defined by Section 61.003, Education Code, is eligible to accrue or
26-5 take paid sick leave under this subchapter only if the employee:
26-6 (1) is employed to work at least 20 hours per week for
26-7 a period of at least four and one-half months; and
26-8 (2) is not employed in a position for which the
26-9 employee is required to be a student as a condition of the
26-10 employment.
26-11 Sec. 661.202. ENTITLEMENT TO SICK LEAVE. (a) A state
26-12 employee is entitled to sick leave without a deduction in salary in
26-13 accordance with this subchapter.
26-14 (b) An employee accrues sick leave beginning on the first
26-15 day of state employment and ending on the last day of state
26-16 employment. An employee accrues and is entitled to be credited for
26-17 one month's sick leave for each month or fraction of a month of
26-18 employment with the state, beginning on the first day of employment
26-19 with the state and on the first calendar day of each succeeding
26-20 month of state employment.
26-21 (c) Sick leave entitlement for a full-time employee accrues
26-22 at the rate of eight hours for each month or fraction of a month of
26-23 employment, and accumulates with the unused amount of sick leave
26-24 carried forward each month. A part-time employee accrues sick
26-25 leave on a proportionate basis.
27-1 (d) Sick leave with pay may be taken when sickness, injury,
27-2 or pregnancy and confinement prevent the employee's performance of
27-3 duty or when the employee is needed to care for and assist a member
27-4 of the employee's immediate family who is sick. For purposes of
27-5 taking regular sick leave with pay, the following persons are
27-6 considered to be members of the employee's immediate family:
27-7 (1) an individual who resides in the same household as
27-8 the employee and is related to the employee by kinship, adoption,
27-9 or marriage;
27-10 (2) a foster child of the employee who resides in the
27-11 same household as the employee and who is certified by the
27-12 Department of Protective and Regulatory Services; and
27-13 (3) a minor child of the employee, regardless of
27-14 whether the child lives in the same household.
27-15 (e) An employee's use of sick leave to care for and assist
27-16 members of the employee's family who do not reside in the
27-17 employee's household is strictly limited to the time necessary to
27-18 provide care and assistance to a spouse, child, or parent of the
27-19 employee who needs the care and assistance as a direct result of a
27-20 documented medical condition.
27-21 (f) An employee who must be absent from duty because of
27-22 sickness, injury, or pregnancy and confinement shall notify the
27-23 employee's supervisor or have the supervisor notified of that fact
27-24 at the earliest practicable time.
27-25 (g) To be eligible to take accumulated sick leave without a
28-1 deduction in salary during a continuous period of more than three
28-2 working days, an employee absent due to sickness, injury, or
28-3 pregnancy and confinement shall send to the administrative head of
28-4 the employing agency a doctor's certificate showing the cause or
28-5 nature of the condition or another written statement of the facts
28-6 concerning the condition that is acceptable to the administrative
28-7 head. The administrative head of an agency may require a doctor's
28-8 certificate or other written statement of the facts for sick leave
28-9 without a deduction in salary taken during a continuous period of
28-10 three or fewer working days.
28-11 (h) On returning to duty after taking sick leave, the
28-12 employee shall without delay complete the prescribed application
28-13 for sick leave and send the application in the manner prescribed by
28-14 the agency to the appropriate authority for approving the
28-15 application.
28-16 (i) The administrative head or governing body of an agency
28-17 may authorize exceptions to the amount of sick leave an employee
28-18 may take on an individual basis after a review of the merits of a
28-19 particular case. A statement of all authorized exceptions and the
28-20 reasons for the exceptions shall be attached to the state agency's
28-21 duplicate payroll voucher for the payroll period affected by the
28-22 authorized exceptions.
28-23 (j) A state agency shall file a written statement with the
28-24 state auditor covering the policies and procedures for an extension
28-25 of leave under Subsection (i) and shall make the statement
29-1 available to all agency employees.
29-2 (k) A faculty member at an institution of higher education
29-3 as defined by Section 61.003, Education Code, must submit
29-4 prescribed leave forms for all sick leave the faculty member takes
29-5 if the absence occurs during the normal workday for regular
29-6 employees, even if no classes are missed.
29-7 Sec. 661.203. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
29-8 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
29-9 employment with the state under a formal reduction in force is
29-10 entitled to have the employee's sick leave balance restored if the
29-11 employee is reemployed by the state within 12 months after the end
29-12 of the month in which the employee separates from state employment.
29-13 (b) An employee who separates from employment with the state
29-14 for a reason other than that described by Subsection (a) is
29-15 entitled to have the employee's sick leave balance restored if:
29-16 (1) the employee is reemployed by the same state
29-17 agency or institution of higher education within 12 months after
29-18 the end of the month in which the employee separates from state
29-19 employment, but only if there has been a break in employment with
29-20 the state of at least 30 calendar days; or
29-21 (2) the employee is reemployed by a different state
29-22 agency or institution of higher education within 12 months after
29-23 the end of the month in which the employee separates from state
29-24 employment.
29-25 (Sections 661.204-661.250 reserved for expansion
30-1 SUBCHAPTER H. PROVISIONS APPLICABLE TO BOTH VACATION
30-2 AND SICK LEAVE
30-3 Sec. 661.251. APPLICABILITY. This subchapter applies to a
30-4 state employee employed by either house of the legislature or by a
30-5 member of the legislature or the lieutenant governor only to the
30-6 extent determined by the presiding officer of the appropriate house
30-7 of the legislature and to an employee of a legislative agency only
30-8 to the extent determined by the administrative head of the agency.
30-9 Sec. 661.252. TRANSFER OF LEAVE BALANCE. A state employee
30-10 who transfers directly from one state agency to another is entitled
30-11 to credit by the agency to which the employee transfers for the
30-12 unused balance of the employee's accumulated vacation and sick
30-13 leave, if the employee's employment with the state is
30-14 uninterrupted.
30-15 (Sections 661.253-661.900 reserved for expansion
30-16 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS
30-17 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
30-18 to a state employee employed by either house of the legislature or
30-19 by a member of the legislature or the lieutenant governor only to
30-20 the extent determined by the presiding officer of the appropriate
30-21 house of the legislature and to an employee of a legislative agency
30-22 only to the extent determined by the administrative head of the
30-23 agency.
30-24 (b) An employee of an institution of higher education as
30-25 defined by Section 61.003, Education Code, is eligible to accrue or
31-1 take paid leave under this subchapter only if the employee:
31-2 (1) is employed to work at least 20 hours per week for
31-3 a period of at least four and one-half months; and
31-4 (2) is not employed in a position for which the
31-5 employee is required to be a student as a condition of the
31-6 employment.
31-7 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
31-8 entitled to emergency leave without a deduction in salary because
31-9 of a death in the employee's family. The death of the employee's
31-10 spouse or of a parent, brother, sister, grandparent, grandchild, or
31-11 child of the employee or of the employee's spouse is considered to
31-12 be a death in the employee's family for purposes of this
31-13 subsection.
31-14 (b) The administrative head of an agency may determine that
31-15 a reason other than that described by Subsection (a) is sufficient
31-16 for granting emergency leave and shall grant an emergency leave to
31-17 an employee who the administrative head determines has shown good
31-18 cause for taking emergency leave.
31-19 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
31-20 who is called to active duty as a member of the Texas National
31-21 Guard by the governor because of an emergency is entitled to a
31-22 leave of absence without a deduction in salary in accordance with
31-23 Section 431.0825.
31-24 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
31-25 (a) An employee called to active duty during a national emergency
32-1 to serve in a reserve component of the armed forces of the United
32-2 States is entitled to a leave of absence.
32-3 (b) The employee continues to accrue state service credit
32-4 for purposes of longevity pay while on military duty described by
32-5 Subsection (a) but does not accrue vacation or sick leave during
32-6 that time.
32-7 (c) The employee retains any accrued vacation or sick leave
32-8 and is entitled to be credited with those balances on return to
32-9 state employment from military duty described by Subsection (a).
32-10 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
32-11 who is a volunteer firefighter is entitled to a leave of absence
32-12 without a deduction in salary to attend fire service training
32-13 conducted by a state agency or institution of higher education.
32-14 Leave without a deduction in salary under this subsection may not
32-15 exceed five working days in a fiscal year.
32-16 (b) A state agency or institution of higher education may
32-17 grant leave without a deduction in salary to a volunteer
32-18 firefighter for the purpose of allowing the firefighter to respond
32-19 to emergency fire situations if the agency or institution has an
32-20 established policy for granting that leave.
32-21 (c) A leave of absence under this section may not be charged
32-22 against an employee's vacation or sick leave.
32-23 Sec. 661.906. FOSTER PARENTS. A state employee who is a
32-24 foster parent to a child under the conservatorship of the
32-25 Department of Protective and Regulatory Services is entitled to a
33-1 leave of absence without a deduction in salary for the purpose of
33-2 attending:
33-3 (1) meetings held by the Department of Protective and
33-4 Regulatory Services regarding the child under the foster care of
33-5 the employee; or
33-6 (2) an admission, review, and dismissal meeting held
33-7 by a school district regarding the child under the foster care of
33-8 the employee.
33-9 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
33-10 state employee who is a certified disaster service volunteer of the
33-11 American Red Cross or who is in training to become such a volunteer
33-12 may be granted leave not to exceed 10 days each fiscal year to
33-13 participate in specialized disaster relief services for the
33-14 American Red Cross without a deduction in salary or loss of
33-15 vacation time, sick leave, earned overtime credit, or state
33-16 compensatory time if the leave is taken:
33-17 (1) with the authorization of the employee's
33-18 supervisor;
33-19 (2) with the approval of the governor; and
33-20 (3) on the request of the American Red Cross.
33-21 (b) The number of certified disaster volunteers who are
33-22 eligible for leave under this section may not exceed 350 state
33-23 employees at any one time during a fiscal year. The division of
33-24 emergency management in the governor's office shall coordinate the
33-25 establishment and maintenance of the list of eligible employees.
34-1 (c) Not later than the 60th day after the date the American
34-2 Red Cross makes a request under Subsection (a)(3), the American Red
34-3 Cross shall prepare a report for the Legislative Budget Board
34-4 stating the reasons for the request.
34-5 Sec. 661.908. LEAVE RECORDS. The administrative head or
34-6 governing body of each state agency shall require for each
34-7 employee:
34-8 (1) time and attendance records;
34-9 (2) a record of the accrual and taking of vacation and
34-10 sick leave;
34-11 (3) a record of the reason an employee takes leave if
34-12 other law requires the employee to inform the agency of the reason;
34-13 and
34-14 (4) whether any leave taken is accounted for as sick
34-15 leave, vacation leave, other paid leave, leave without pay, or
34-16 other absence.
34-17 Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
34-18 state agency or institution of higher education may grant employees
34-19 leave without pay, including a leave of absence without pay, in
34-20 accordance with this section.
34-21 (b) The duration of the leave may not exceed 12 months.
34-22 (c) Except for disciplinary suspensions, active military
34-23 duty, and leave covered by workers' compensation benefits, all
34-24 accumulated paid leave entitlements must be used before the leave
34-25 is granted. All sick leave must first be used only if the employee
35-1 is taking leave for a reason for which the employee is eligible to
35-2 take sick leave under Subchapter G.
35-3 (d) Subject to fiscal constraints, approval of the leave
35-4 constitutes a guarantee of reemployment at the conclusion of the
35-5 specified leave period.
35-6 (e) The administrative head of a state agency or institution
35-7 of higher education may grant exceptions to the limitations of this
35-8 section if the employee is taking the leave:
35-9 (1) to work for another state governmental entity
35-10 under an interagency agreement; or
35-11 (2) for educational purposes.
35-12 (f) Except for an employee who returns to state employment
35-13 from military leave without pay, a full calendar month during which
35-14 an employee is on leave without pay is not counted in computing:
35-15 (1) total state service for purposes related to
35-16 longevity pay or to accrual or payment for vacation leave; or
35-17 (2) continuous state service for purposes related to
35-18 merit salary provisions or vacation leave.
35-19 (g) An employee may not accrue vacation or sick leave for a
35-20 full calendar month during which the employee is on leave without
35-21 pay.
35-22 (h) A full calendar month during which an employee is on
35-23 leave without pay does not constitute a break in continuity of
35-24 employment.
35-25 Sec. 661.910. SEEING-EYE DOG TRAINING FOR BLIND EMPLOYEES.
36-1 (a) A state employee who is blind is entitled to a leave of
36-2 absence without a deduction in salary for the purpose of attending
36-3 a training program to acquaint the employee with a Seeing-Eye dog
36-4 to be used by the employee.
36-5 (b) The leave of absence provided by this section may not
36-6 exceed 10 working days in a fiscal year.
36-7 (c) The leave of absence provided by this section is in
36-8 addition to other leave to which an employee is entitled, and an
36-9 employee continues to accrue vacation and sick leave while on leave
36-10 as provided by this section.
36-11 (d) For purposes of this section, "blind" has the meaning
36-12 assigned by Section 91.002, Human Resources Code.
36-13 Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (a) In
36-14 addition to employee leave authorized elsewhere in this chapter,
36-15 the administrative head of an agency may grant administrative leave
36-16 without a deduction in salary to an employee as a reward for
36-17 outstanding performance as documented by employee performance
36-18 appraisals.
36-19 (b) The total amount of administrative leave an employee may
36-20 be granted under this section may not exceed 32 hours during a
36-21 fiscal year.
36-22 Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the
36-23 extent provided by federal law, a state employee who has a total of
36-24 at least 12 months of state service and who has worked at least
36-25 1,250 hours during the 12-month period preceding the beginning of
37-1 leave under this section is entitled to leave under the federal
37-2 Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
37-3 seq.) if the employee first uses all available and applicable paid
37-4 vacation and sick leave while taking leave under this section.
37-5 (b) As an exception to the requirement that an employee
37-6 first use all applicable paid vacation and sick leave, employees on
37-7 Family and Medical Leave Act leave who are receiving temporary
37-8 disability benefits or workers' compensation benefits are not
37-9 required to first use applicable paid vacation or sick leave while
37-10 receiving those benefits.
37-11 Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
37-12 state employee who has been employed for fewer than 12 months by
37-13 the state or who has worked fewer than 1,250 hours during the
37-14 12-month period preceding the beginning of leave under this section
37-15 is eligible to take a parental leave of absence in accordance with
37-16 this section if the employee first uses all available and
37-17 applicable paid vacation and sick leave while taking leave under
37-18 this section.
37-19 (b) A leave of absence authorized by this section may not
37-20 exceed 12 weeks.
37-21 (c) The leave authorized by this section is limited to, and
37-22 begins on the date of, the birth of a natural child of the employee
37-23 or the adoption by or foster care placement with the employee of a
37-24 child under three years of age.
37-25 Sec. 661.914. VOTING BY STATE EMPLOYEES. A state agency
38-1 shall allow each agency employee sufficient time off, without a
38-2 deduction in salary or accrued leave, to vote in each national,
38-3 state, or local election.
38-4 SECTION 19. Subsection (b), Section 662.003, Government
38-5 Code, is amended to read as follows:
38-6 (b) A state holiday includes only the following days:
38-7 (1) the 19th day of January, "Confederate Heroes Day,"
38-8 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
38-9 heroes;
38-10 (2) the second day of March, "Texas Independence Day";
38-11 (3) the 21st day of April, "San Jacinto Day";
38-12 (4) the 19th day of June, "Emancipation Day in Texas,"
38-13 in honor of the emancipation of the slaves in Texas in 1865;
38-14 (5) the 27th day of August, "Lyndon Baines Johnson
38-15 Day," in observance of the birthday of Lyndon Baines Johnson;
38-16 (6) [every day on which an election is held throughout
38-17 the state;]
38-18 [(7)] the Friday after Thanksgiving Day;
38-19 (7) [(8)] the 24th day of December; and
38-20 (8) [(9)] the 26th day of December.
38-21 SECTION 20. Subsection (a), Section 662.004, Government
38-22 Code, is amended to read as follows:
38-23 (a) A state agency and an institution of higher education as
38-24 defined by Section 61.003, Education Code, shall have enough
38-25 employees on duty during a state holiday to conduct the public
39-1 business of the agency or institution.
39-2 SECTION 21. Section 662.007, Government Code, is amended by
39-3 adding Subsection (c) to read as follows:
39-4 (c) An institution of higher education as defined by Section
39-5 61.003, Education Code, may allow an employee who is required to
39-6 work on a national or state holiday that does not fall on a
39-7 Saturday or Sunday to take compensatory time off in accordance with
39-8 this section or may instead pay the employee at the employee's
39-9 regular rate of pay for that time if the institution determines
39-10 that allowing compensatory time off would disrupt normal teaching,
39-11 research, or other critical functions.
39-12 SECTION 22. Section 662.010, Government Code, is amended by
39-13 amending Subsection (c) and adding Subsection (d) to read as
39-14 follows:
39-15 (c) If a state or national holiday that does not fall on a
39-16 Saturday or Sunday occurs between the dates that a state employee
39-17 transfers from one state agency to another without a break in
39-18 service, the agency to which the employee transfers is responsible
39-19 for paying the employee for the holiday.
39-20 (d) In this section, "workday" means a day on which a state
39-21 employee is normally scheduled to work.
39-22 SECTION 23. Section 662.011, Government Code, is amended by
39-23 amending Subsection (a) and adding Subsection (c) to read as
39-24 follows:
39-25 (a) The governing body of an institution of higher
40-1 education, as defined by Section 61.003, Education Code, other than
40-2 a public junior college as defined by that section, may establish
40-3 the holiday schedule for the institution, subject to any applicable
40-4 limitation on the observance of holidays prescribed by the General
40-5 Appropriations Act.
40-6 (c) An employee of the institution is eligible to take paid
40-7 holiday leave only if the employee:
40-8 (1) is scheduled to work at least 20 hours per week
40-9 for a period of at least four and one-half months; and
40-10 (2) is not employed in a position for which the
40-11 employee is required to be a student as a condition of the
40-12 employment.
40-13 SECTION 24. Subtitle B, Title 6, Government Code, is amended
40-14 by adding Chapter 666 to read as follows:
40-15 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
40-16 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
40-17 to a person who is or may become employed by more than one state
40-18 agency or institution of higher education.
40-19 (b) A person who is employed by more than one state agency
40-20 or institution of higher education may not receive benefits from
40-21 the state that exceed the benefits provided for one full-time
40-22 employee.
40-23 (c) The person must be informed of the requirements of this
40-24 chapter before the person is employed by more than one agency or
40-25 institution.
41-1 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
41-2 and sick leave records must be maintained for each employment.
41-3 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
41-4 person separates from one employment, the person's leave balances
41-5 that were accrued under that employment may not be transferred to
41-6 the remaining employments.
41-7 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
41-8 accrues state service credit for all purposes as if the person had
41-9 only one employment.
41-10 Sec. 666.005. FEDERAL INSURANCE CONTRIBUTIONS. (a) The
41-11 state's contribution toward the taxes imposed on the person by the
41-12 Federal Insurance Contributions Act (26 U.S.C. Section 3101 et
41-13 seq.) may not exceed the overall limit specified in the General
41-14 Appropriations Act.
41-15 (b) The comptroller shall prescribe uniform accounting and
41-16 reporting procedures to ensure that the state's contribution does
41-17 not exceed the limit described by Subsection (a).
41-18 Sec. 666.006. GROUP INSURANCE CONTRIBUTION. The total state
41-19 contribution toward the person's group insurance is limited to the
41-20 amount specified in the General Appropriations Act for a full-time
41-21 active employee.
41-22 Sec. 666.007. OVERTIME COMPENSATION. (a) Overtime
41-23 compensation accrues for each employment independently of every
41-24 other employment, except as provided by Subsection (b).
41-25 (b) If the person is subject to the overtime provisions of
42-1 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
42-2 et seq.) in an employment, the employing agencies and institutions
42-3 of higher education shall ensure that the person is compensated for
42-4 all combined time actually worked that exceeds 40 hours per week in
42-5 accordance with the overtime provisions of the federal law. The
42-6 agencies and institutions shall cooperate to determine which agency
42-7 or institution is responsible for ensuring that the employee is
42-8 properly compensated according to those provisions.
42-9 Sec. 666.008. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
42-10 The person must inform the person's employing state agencies or
42-11 institutions of higher education before accepting an additional
42-12 employment with another agency or institution.
42-13 Sec. 666.009. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
42-14 If a person's multiple employment involves only legislative
42-15 agencies and all employments are less than full-time, the person
42-16 may use paid leave from leave balances in all employments, and on
42-17 separating from one employment leave balances accrued under that
42-18 employment will be transferred to the remaining employments.
42-19 Sec. 666.010. SPECIAL PROVISIONS FOR INSTITUTIONS OF HIGHER
42-20 EDUCATION. (a) A university system as defined by Section 61.003,
42-21 Education Code, may establish a policy that defines a person's
42-22 employment as the total hours the person is assigned to one
42-23 component of the system or, alternatively, the total hours the
42-24 person is assigned to all components of the system.
42-25 (b) The policy may apply to a person only if the person is
43-1 employed by more than one institution of higher education and all
43-2 the employing institutions are within the same university system.
43-3 SECTION 25. Chapter 751, Government Code, is amended by
43-4 adding Subchapter C to read as follows:
43-5 SUBCHAPTER C. STATE PERSONNEL IN WASHINGTON
43-6 Sec. 751.051. LIAISON TO LEGISLATIVE COMMITTEES. A state
43-7 employee working in Washington, D.C., on behalf of one or more
43-8 state agencies shall act in a liaison capacity and provide the most
43-9 current information on federal funding and on legislative issues to
43-10 the appropriate substantive committees of both the Texas House of
43-11 Representatives and the Texas Senate.
43-12 SECTION 26. (a) Subchapter B, Chapter 2001, Government
43-13 Code, is amended by adding Section 2001.039 to read as follows:
43-14 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES. (a) A
43-15 state agency shall review each of its rules in accordance with this
43-16 section.
43-17 (b) A state agency shall review a rule not later than the
43-18 fourth anniversary of the date on which the rule takes effect and
43-19 every four years after that date until the rule expires or is
43-20 repealed. The adoption of an amendment to an existing rule does
43-21 not affect the dates on which the rule must be reviewed except that
43-22 the effective date of an amendment is considered to be the
43-23 effective date of the rule if the agency formally conducts a review
43-24 of the rule in accordance with this section as part of the process
43-25 of adopting the amendment.
44-1 (c) The procedures of this subchapter relating to notice,
44-2 public comment, and informal conferences and advisory committees
44-3 apply to the review of a rule in the same manner that they apply to
44-4 the adoption of a rule.
44-5 (d) A state agency's review of a rule must include an
44-6 assessment about whether the reasons for initially adopting the
44-7 rule continue to exist.
44-8 (e) A state agency, if requested to do so by an interested
44-9 person before the 60th day after the date that the agency's notice
44-10 of a rule's review is published in the Texas Register, shall issue
44-11 a concise statement of the principal reasons for and against
44-12 allowing the rule to continue in existence in its present form.
44-13 (b) This subsection applies only to state agency rules that
44-14 have taken effect before September 1, 1997. A state agency shall
44-15 review each of its existing rules in accordance with Section
44-16 2001.039, Government Code, as added by this Act, and in accordance
44-17 with this subsection. The agency shall conduct its reviews of
44-18 those rules not later than August 31, 2001. Not later than August
44-19 31, 1998, each state agency shall develop and send to the secretary
44-20 of state for publication in the Texas Register a plan under which
44-21 the agency will review its existing rules. The plan must state for
44-22 each of those rules the date by which the agency will begin the
44-23 review required by Section 2001.039, Government Code, as added by
44-24 this Act. For purposes of subsequent reviews under Section
44-25 2001.039, Government Code, as added by this Act, the effective date
45-1 of an existing rule initially reviewed under this subsection is
45-2 considered to be the date that the notice for the initial review of
45-3 the rule under this subsection is published in the Texas Register.
45-4 SECTION 27. Subchapter A, Chapter 2052, Government Code, is
45-5 amended by adding Section 2052.004 to read as follows:
45-6 Sec. 2052.004. REPORT ON CLOSING OF FIELD OFFICES. Before
45-7 making any public announcement, a state agency shall send to any
45-8 affected member of the legislature a written notice that describes
45-9 the state agency's plan to close a field office located in the
45-10 member's legislative district.
45-11 SECTION 28. Section 2054.092, Government Code, is amended to
45-12 read as follows:
45-13 Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN. The state
45-14 strategic plan must be a visionary plan for the management of the
45-15 state's information resources and:
45-16 (1) provide a strategic direction for information
45-17 resources management in state government for the five fiscal years
45-18 following adoption of the plan;
45-19 (2) provide guidance to state agencies in the
45-20 development of the agency strategic plans;
45-21 (3) establish goals and objectives relating to
45-22 information resources management;
45-23 (4) provide long-range policy guidelines for
45-24 information resources in state government, including the
45-25 implementation of national and international standards for
46-1 information resources technologies;
46-2 (5) identify major issues relating to improved
46-3 information resources management, including the identification of
46-4 needed procurement policy initiatives to encourage competition
46-5 between providers of information resources technologies; [and]
46-6 (6) identify priorities for the implementation of
46-7 information resources technologies according to the relative
46-8 economic and social impact on the state; and
46-9 (7) establish the framework under which the state's
46-10 telecommunications systems can be used to efficiently and
46-11 effectively exchange information among state agencies.
46-12 SECTION 29. Subsection (d), Section 2054.095, Government
46-13 Code, is amended to read as follows:
46-14 (d) The department by rule shall adopt instructions,
46-15 consistent with Section 2054.096, that guide state agencies in the
46-16 preparation of their agency strategic plans. The instructions must
46-17 include the general criteria under which the department will
46-18 evaluate the plan and specify the format, content, updating, and
46-19 submission of the plan. The department shall send the instructions
46-20 to each state agency not later than February 1 of each
46-21 even-numbered year.
46-22 SECTION 30. Section 2054.118, Government Code, is amended to
46-23 read as follows:
46-24 Sec. 2054.118. Major Information Resources Project. (a) A
46-25 state agency may not spend appropriated funds for a major
47-1 information resources project unless the project has been reviewed
47-2 and approved by a quality assurance team consisting of the
47-3 department and the state auditor's office [in the agency's biennial
47-4 operating plan].
47-5 (b) The quality assurance team shall determine project
47-6 approval based on an analysis of the project's risk. The quality
47-7 assurance team may:
47-8 (1) waive project review requirements under
47-9 circumstances it considers appropriate;
47-10 (2) require any information it considers necessary to
47-11 determine a project's potential risk;
47-12 (3) require independent monitoring of an approved
47-13 project, status reports of a project being implemented, or any
47-14 additional information the team considers necessary to determine a
47-15 project's potential for success; or
47-16 (4) require a state agency to submit a
47-17 post-implementation evaluation report to enable the team to
47-18 determine whether a project met its planned objectives.
47-19 (c) The department shall provide technical assistance to a
47-20 state agency in the implementation of a project, participate in a
47-21 project as the quality assurance team considers necessary, and
47-22 review and analyze project information submitted by a state agency.
47-23 The state auditor's office shall audit and review a project and the
47-24 information provided by a state agency about a project. The
47-25 quality assurance team may request the Legislative Budget Board or
48-1 the comptroller's office to assist in determining the accuracy of
48-2 project expenditures and compliance with any expenditure
48-3 limitations contained in the General Appropriations Act.
48-4 (d) The quality assurance team shall file a report with the
48-5 lieutenant governor and the speaker of the house of representatives
48-6 on the status of projects under its review not later than December
48-7 1 of each year.
48-8 (e) The department shall develop rules or guidelines for
48-9 software development, quality assurance, and [its] review of major
48-10 information resources projects.
48-11 (f) [(c)] In this section, "major information resources
48-12 project" means any information resources technology project
48-13 identified in a state agency's biennial operating plan with
48-14 development costs that exceed $1 million and that:
48-15 (1) requires one year or longer to reach operations
48-16 status;
48-17 (2) involves more than one state agency; or
48-18 (3) substantially alters work methods of state agency
48-19 personnel or the delivery of services to clients.
48-20 SECTION 31. Subchapter F, Chapter 2054, Government Code, is
48-21 amended by adding Sections 2054.120 and 2054.121 to read as
48-22 follows:
48-23 Sec. 2054.120. COORDINATION AMONG INSTITUTIONS OF HIGHER
48-24 EDUCATION. Institutions of higher education shall coordinate the
48-25 use of information technologies with other such institutions to
49-1 more effectively provide education, research, and community
49-2 service.
49-3 Sec. 2054.121. COORDINATED TECHNOLOGY TRAINING. A state
49-4 agency each calendar quarter shall coordinate agency training for
49-5 the use of information resources technologies with training offered
49-6 or coordinated by the department. The agency shall use training
49-7 offered or coordinated by the department if it meets agency
49-8 requirements and is cost-competitive.
49-9 SECTION 32. Subchapter B, Chapter 2101, Government Code, is
49-10 amended by adding Section 2101.0111 to read as follows:
49-11 Sec. 2101.0111. ANNUAL REPORTS AND INVENTORIES. (a) Not
49-12 later than the 70th day after the close of fiscal year 1999, the
49-13 executive head of each state agency shall submit an annual
49-14 financial report regarding the agency's use of appropriated money,
49-15 as defined by Section 2113.001, during the preceding fiscal year
49-16 to:
49-17 (1) the governor;
49-18 (2) the comptroller;
49-19 (3) the state auditor;
49-20 (4) the Legislative Budget Board; and
49-21 (5) the Legislative Reference Library.
49-22 (b) The annual report must be prepared in accordance with
49-23 the uniform accounting and financial reporting procedures
49-24 established by the comptroller under Section 2101.012.
49-25 (c) The annual report must include:
50-1 (1) a detailed statement of all assets, liabilities,
50-2 and fund balances, including:
50-3 (A) cash on hand and on deposit in banks and
50-4 accounts in the state treasury;
50-5 (B) the value of consumable supplies and
50-6 postage;
50-7 (C) the value of the state agency's inventory of
50-8 movable equipment and other fixed assets;
50-9 (D) a list of investments, bonds, notes, and
50-10 other securities owned by any special funds under the jurisdiction
50-11 of the state agency, including the amount and value of the
50-12 securities;
50-13 (E) all money due the state agency from any
50-14 source;
50-15 (F) all outstanding commitments of the agency,
50-16 including amounts due for services or goods received by the agency;
50-17 (G) a summary by source of all revenue collected
50-18 or accruing through the state agency, including appropriations; and
50-19 (H) a summary by source of all expenditures,
50-20 bona fide encumbrances, and other disbursements by the state
50-21 agency;
50-22 (2) a list of all bonded employees, including the name
50-23 of the surety company and the name and title of the employee and
50-24 the amount of the surety bond;
50-25 (3) an analysis of space occupied by the state agency,
51-1 including:
51-2 (A) the total number of square feet of rented
51-3 space in state-owned buildings;
51-4 (B) the total number of square feet of occupied
51-5 space in state-owned buildings;
51-6 (C) the name and address of each building in
51-7 which the state agency occupies space and the number of square feet
51-8 in each building devoted to a particular use;
51-9 (D) the cost per square foot of all rented
51-10 space;
51-11 (E) the annual and monthly cost of all rented
51-12 space;
51-13 (F) the lessor of all rented space; and
51-14 (G) other information helpful to describe the
51-15 state agency's utilization of space in state-owned buildings;
51-16 (4) an itemized statement of all fees paid by the
51-17 state agency for professional and consulting services provided
51-18 under Chapter 2254, including the name of each person receiving
51-19 fees and the reason for the provision of the services;
51-20 (5) a summary of the state agency's use and cost of
51-21 operating aircraft that is state-owned or under long-term lease in
51-22 the format prescribed by the Legislative Budget Board and the State
51-23 Aircraft Pooling Board under Chapter 2205;
51-24 (6) a list of any purchases made under Section
51-25 2155.067(e), including each product purchased, the purchase amount,
52-1 and the name of each vendor;
52-2 (7) a copy of the Master File Report Verification Form
52-3 certified by the General Land Office to confirm that the state
52-4 agency is in compliance with Subchapter E, Chapter 31, Natural
52-5 Resources Code;
52-6 (8) a copy of the report prepared by the state agency
52-7 under Section 2161.124; and
52-8 (9) any other information required by the General
52-9 Appropriations Act.
52-10 (d) In this section, "state agency" has the meaning assigned
52-11 by Section 2151.002.
52-12 SECTION 33. Subsection (a), Section 2101.012, Government
52-13 Code, is amended to read as follows:
52-14 (a) The comptroller shall prescribe uniform accounting and
52-15 financial reporting procedures that a [each] state agency shall use
52-16 in the preparation of the information requested under Section
52-17 2101.011 or 2101.0111.
52-18 SECTION 34. Section 2101.038, Government Code, is amended to
52-19 read as follows:
52-20 Sec. 2101.038. DUTIES OF STATE AUDITOR. (a) The state
52-21 auditor, when reviewing the operation of a state agency, shall
52-22 audit for compliance with the uniform statewide accounting system,
52-23 the comptroller's rules, and the Legislative Budget Board's
52-24 performance and workload measures.
52-25 (b) The state auditor shall notify the project advisory
53-1 committee, the comptroller, the governor, and the Legislative
53-2 Budget Board as soon as practicable when a state agency is not in
53-3 compliance.
53-4 (c) If the state auditor issues any report concerning the
53-5 operation of a state agency, the state auditor shall notify the
53-6 agency's governing body and executive head.
53-7 SECTION 35. Chapter 2102, Government Code, is amended by
53-8 adding Section 2102.0091 to read as follows:
53-9 Sec. 2102.0091. REPORTS OF PERIODIC AUDITS. (a) A state
53-10 agency shall file with the budget division of the governor's office
53-11 and the Legislative Budget Board a copy of each report submitted to
53-12 the state agency's governing board or its designee by the agency's
53-13 internal auditor.
53-14 (b) Each report shall be filed not later than the 30th day
53-15 after the date the report is submitted to the state agency's
53-16 governing board or its designee.
53-17 (c) In addition to the requirements of Subsection (a), a
53-18 state agency shall file with the budget division of the governor's
53-19 office and the Legislative Budget Board any action plan or other
53-20 response issued by the state agency's governing board in response
53-21 to the report of the state agency's internal auditor.
53-22 (d) In this section, "state agency" includes a public junior
53-23 college, as that term is defined by Section 61.003, Education Code.
53-24 SECTION 36. Subtitle C, Title 10, Government Code, is
53-25 amended by adding Chapter 2113 to read as follows:
54-1 CHAPTER 2113. USE OF APPROPRIATED MONEY AND OTHER STATE FUNDS
54-2 SUBCHAPTER A. GENERAL PROVISIONS
54-3 Sec. 2113.001. DEFINITIONS. In this chapter:
54-4 (1) "Appropriated money" means money appropriated by
54-5 the legislature through the General Appropriations Act or other
54-6 law.
54-7 (2) "State agency" means:
54-8 (A) a department, commission, board, office, or
54-9 other entity in the executive branch of state government;
54-10 (B) the supreme court, the court of criminal
54-11 appeals, a court of appeals, or the Texas Judicial Council; or
54-12 (C) a university system or an institution of
54-13 higher education as defined by Section 61.003, Education Code,
54-14 except that a public junior college is excluded from the term in
54-15 Subchapter E and all of Subchapter D except Section 2113.202.
54-16 (Sections 2113.002-2113.010 reserved for expansion
54-17 SUBCHAPTER B. RESTRICTIONS ON POLITICAL ACTIVITY
54-18 Sec. 2113.011. SUPPORT OF CANDIDATES. (a) A state agency
54-19 may not use state funds, including appropriated money, to finance
54-20 or otherwise support the candidacy of a person for an office in the
54-21 legislative, executive, or judicial branch of state government or
54-22 of the government of the United States. This prohibition extends
54-23 to the direct or indirect employment of a person to perform an
54-24 action described by this subsection.
54-25 (b) An employee of a state agency may not use a state-owned
55-1 motor vehicle for a purpose described by Subsection (a).
55-2 Sec. 2113.012. ELECTIONS AND LEGISLATIVE INFLUENCE. (a) A
55-3 state agency may not use appropriated money to influence the
55-4 outcome of an election or the passage or defeat of a legislative
55-5 measure.
55-6 (b) This section does not prohibit an officer or employee of
55-7 a state agency from providing on request to a member of the
55-8 legislature, legislative committee, other state officer or
55-9 employee, or private citizen public information available to the
55-10 officer or employee.
55-11 Sec. 2113.013. LOBBYING. (a) A state agency may not use
55-12 appropriated money to employ a full-time employee who is required
55-13 by Chapter 305 to register as a lobbyist.
55-14 (b) A state agency may not use appropriated money to employ
55-15 a part-time employee who is required by Chapter 305 to register as
55-16 a lobbyist for an industry, profession, or association:
55-17 (1) that the employee's agency regulates;
55-18 (2) from which the employee's agency purchases goods
55-19 or services; or
55-20 (3) to which the employee's agency provides goods or
55-21 services, including grants or loans.
55-22 Sec. 2113.014. RETALIATION AND VIOLATION. An officer or
55-23 employee of a state agency who causes an officer or employee to be
55-24 discharged, demoted, or otherwise discriminated against for
55-25 providing information under Section 2113.012(b) is required to be
56-1 immediately discharged from state employment.
56-2 Sec. 2113.015. NOTICE OF PROHIBITIONS. (a) A state agency
56-3 shall provide each officer and employee of the agency a copy of
56-4 Sections 2113.011-2113.014 and require a signed receipt on
56-5 delivery. A new copy and receipt are required if a provision of
56-6 those sections is changed.
56-7 (b) A state agency shall maintain receipts collected from
56-8 current officers and employees under this section in a manner
56-9 accessible for public inspection.
56-10 Sec. 2113.016. STUDENT ORGANIZATIONS. (a) This subchapter
56-11 does not prohibit the payment of reasonable dues to an organization
56-12 that represents student interests before the legislature or the
56-13 Congress of the United States from that portion of mandatory
56-14 student service fees that is allocated to the student government
56-15 organization at an institution of higher education.
56-16 (b) A mandatory student service fee may not be used to
56-17 influence the outcome of an election.
56-18 Sec. 2113.017. COMPENSATION PROHIBITION. A state agency may
56-19 not use appropriated money to compensate an officer or employee who
56-20 violates this subchapter.
56-21 (Sections 2113.018-2113.100 reserved for expansion
56-22 SUBCHAPTER C. RESTRICTIONS ON OFFICERS AND EMPLOYEES
56-23 Sec. 2113.101. PUBLICITY. (a) A state agency may not use
56-24 appropriated money to publicize or direct attention to an
56-25 individual officer or employee of state government.
57-1 (b) A state agency may not use appropriated money to:
57-2 (1) maintain a publicity office or department;
57-3 (2) employ an individual who has the title or duties
57-4 of a public relations or press agent; or
57-5 (3) pay a public relations agent or business.
57-6 (c) The executive head of a state agency who considers it
57-7 necessary or in the public interest may issue through agency
57-8 channels oral or written information relating to the activities or
57-9 legal responsibilities of the agency. The information must be
57-10 issued in the name of the state agency and include the name of the
57-11 individual authorized to issue the information.
57-12 (d) An institution of higher education may operate a news
57-13 and information service for the benefit of the public if the
57-14 operation has been authorized and approved by the institution's
57-15 governing body.
57-16 Sec. 2113.102. USE OF ALCOHOLIC BEVERAGES. A state agency
57-17 may not use appropriated money to compensate an officer or employee
57-18 who uses alcoholic beverages on active duty.
57-19 Sec. 2113.103. USE OF MOTOR VEHICLE. (a) Except as
57-20 provided by Subsection (b), an officer or employee of a state
57-21 agency may not use a state-owned motor vehicle except on official
57-22 state business.
57-23 (b) The administrative head of a state agency may authorize
57-24 an officer or employee to use a state-owned motor vehicle to
57-25 commute to and from work when the administrative head determines
58-1 that the use may be necessary to ensure that vital agency functions
58-2 are performed. The name and job title of each individual
58-3 authorized under this subsection, and the reasons for the
58-4 authorization, must be included in the annual report required by
58-5 Section 2101.0111.
58-6 (c) A state agency may not use appropriated money to
58-7 compensate an individual who violates this section.
58-8 (Sections 2113.104-2113.200 reserved for expansion
58-9 SUBCHAPTER D. RESTRICTIONS ON GOODS AND SERVICES
58-10 Sec. 2113.201. CONSULTANT CONTRACTS. A state agency may not
58-11 use appropriated money to contract for consulting services with an
58-12 individual who has been an officer or employee of the agency within
58-13 the preceding 12 months.
58-14 Sec. 2113.202. ALCOHOLIC BEVERAGES. A state agency may not
58-15 use appropriated money to purchase an alcoholic beverage except for
58-16 authorized law enforcement purposes. A state agency may not use
58-17 appropriated money to pay or reimburse a travel expense for an
58-18 alcoholic beverage.
58-19 Sec. 2113.203. AUDITS. (a) Except as provided by
58-20 Subsections (b) and (c), a state agency may not use appropriated
58-21 money to hire an individual or entity to audit the books or
58-22 accounts of the agency.
58-23 (b) A state agency may use appropriated money to finance a
58-24 supplemental audit of payments received from the government of the
58-25 United States if the audit is required as a condition of receipt of
59-1 the money and an amount for the audit is provided by the federal
59-2 grant, allocation, aid, or other payment.
59-3 (c) A state agency providing grants, loans, or other money
59-4 to an entity other than a state agency may require, as a condition
59-5 of receipt of the money, that the recipient have an annual,
59-6 independent audit performed and submitted to the agency. An agency
59-7 may require its internal audit staff to make an annual inspection
59-8 visit to the recipient of the money. After notice of the meeting
59-9 of the governing body of an agency at which the matter will be
59-10 included on the agenda, the agency shall take action on any
59-11 exceptions noted in independent audits received under this
59-12 subsection and provide documentation of that action to the state
59-13 auditor, the Legislative Audit Committee, the Legislative Budget
59-14 Board, and the budget division of the governor's office.
59-15 Sec. 2113.204. PUBLICATION OF REPORTS. (a) A state agency
59-16 may not use appropriated money to publish a report or other printed
59-17 materials on enamel-coated, cast-coated, or dull-coated printing
59-18 stock unless the agency imposes a fee for receipt of the printed
59-19 materials.
59-20 (b) A state agency shall make reports required by law and
59-21 minutes of meetings of the agency's governing body available to
59-22 members of the legislature and agencies in the legislative branch
59-23 of state government in an electronic format determined by the Texas
59-24 Legislative Council.
59-25 Sec. 2113.205. PERIODICALS AND OTHER PUBLICATIONS.
60-1 (a) Except as provided by Subsection (b), a state agency may not
60-2 use appropriated money to publish a periodical or other publication
60-3 the cost of which is not reimbursed through revenue attributable to
60-4 its publication and sale if the publication is:
60-5 (1) intended for use by the general public;
60-6 (2) generally informational, promotional, or
60-7 educational; and
60-8 (3) not essential to the achievement of a statutory
60-9 objective of the agency.
60-10 (b) Subsection (a) does not apply to:
60-11 (1) Texas Highways magazine;
60-12 (2) the Texas Parks and Wildlife magazine;
60-13 (3) publications of the Texas Commission on Alcohol
60-14 and Drug Abuse;
60-15 (4) attorney general opinions, advisories, and
60-16 decisions;
60-17 (5) comptroller opinions, revenue forecasts, and
60-18 fiscal analyses;
60-19 (6) newsletters;
60-20 (7) compilations of statutes or rules; or
60-21 (8) annual reports and other materials that are
60-22 required by law and the content of which includes only topics
60-23 provided by law.
60-24 (c) A state agency may not use appropriated money to publish
60-25 a publication that prominently displays the name or picture of a
61-1 person holding an office elected statewide.
61-2 (d) Except as provided by Subsection (e), a state agency may
61-3 not use appropriated money to publish a publication on
61-4 enamel-coated, cast-coated, or dull-coated printing stock or that
61-5 contains an average of more than one picture for each two pages of
61-6 the publication unless the agency imposes a fee for the publication
61-7 in an amount that recovers the cost of publication.
61-8 (e) Subsection (d) does not apply to a publication designed
61-9 to promote tourism or economic development, a publication of the
61-10 Texas School for the Deaf or the Texas School for the Blind and
61-11 Visually Impaired, or a publication of an institution of higher
61-12 education.
61-13 (f) A state agency or political subdivision that uses an
61-14 appropriation to publish free periodicals quarterly or more
61-15 frequently shall insert annually in three consecutive issues a
61-16 notice that anyone wishing to continue receiving the periodical
61-17 must so request in writing. The agency shall provide future issues
61-18 of the periodical only to persons who have requested it.
61-19 Sec. 2113.206. POSTAGE. (a) Except as provided by
61-20 Subsections (b) and (c), a state agency may use appropriated money
61-21 to purchase postage or rent a post office box only from the United
61-22 States Postal Service.
61-23 (b) An agency other than an institution of higher education
61-24 as defined by Section 61.003, Education Code, that spends for
61-25 postage in a fiscal year an amount that exceeds the dollar amount
62-1 set by the General Appropriations Act as the maximum expenditure
62-2 for stamps shall purchase or rent a postage meter machine and
62-3 record all purchases of postage on the machine except purchases of
62-4 postage for employees in field offices and traveling employees.
62-5 The rental of a postage meter machine by a state agency, including
62-6 an institution of higher education, the legislature, or an agency
62-7 in the legislative branch of state government, must be from a
62-8 company approved by the General Services Commission. The General
62-9 Services Commission by rule shall adopt procedures for the renting
62-10 entity to pay for postage.
62-11 (c) Subsection (a) does not apply to a reimbursement:
62-12 (1) to an authorized petty cash account;
62-13 (2) to a state employee for an emergency purchase of
62-14 postage or emergency payment of post office box rent; or
62-15 (3) authorized by the General Appropriations Act.
62-16 (d) A state agency shall remit to the comptroller an amount
62-17 received as a refund of postage for deposit to the credit of the
62-18 appropriation from which postage for the agency is paid.
62-19 (e) Except as provided by Subsection (b), the comptroller
62-20 shall adopt rules to implement this section after consultation with
62-21 the General Services Commission.
62-22 Sec. 2113.207. INDOOR PLANTS. A state agency may not use an
62-23 appropriation to purchase, lease, or maintain a live or artificial
62-24 indoor plant to be used only for aesthetic purposes.
62-25 Sec. 2113.208. STATE FACILITIES FOR MEETINGS AND
63-1 CONFERENCES. A state agency shall use state-owned or
63-2 state-occupied facilities for meetings and conferences and may not
63-3 use appropriated money to lease private facilities for these
63-4 purposes unless state facilities are not available when needed or
63-5 are not adequate to accommodate the meeting or conference.
63-6 (Sections 2113.209-2113.300 reserved for expansion
63-7 SUBCHAPTER E. SPECIFICALLY AUTHORIZED USES OF
63-8 GOODS AND SERVICES
63-9 Sec. 2113.301. EMPLOYEE AWARDS. (a) A state agency may use
63-10 appropriated money to purchase service awards, safety awards, or
63-11 other similar awards to be presented to employees for professional
63-12 achievement or outstanding service under rules adopted by the
63-13 agency.
63-14 (b) The cost of awards purchased under this section may not
63-15 exceed $50 for an individual employee.
63-16 Sec. 2113.302. VOLUNTEER AWARDS. (a) A state agency may
63-17 use an appropriation to purchase engraved certificates, plaques,
63-18 pins, or other similar awards to be presented to volunteers for
63-19 special achievement or outstanding service if the agency has
63-20 established a volunteer program under Chapter 2109 or other law.
63-21 (b) The cost of awards purchased under this section may not
63-22 exceed $50 for an individual volunteer.
63-23 Sec. 2113.303. EXAMINATION FEES. A state agency that
63-24 conducts examinations shall collect all fees charged to the person
63-25 being examined for each examination, including the cost of a
64-1 standardized examination instrument, and use appropriated money to
64-2 pay a provider of goods or services for a cost incurred by the
64-3 agency providing the examination.
64-4 SECTION 37. Section 2152.064, Government Code, is amended by
64-5 amending Subsection (b) and adding Subsection (d) to read as
64-6 follows:
64-7 (b) During January and July of each year, a state agency
64-8 shall file with the presiding officer of each house of the
64-9 legislature, [and] the presiding officers of the house
64-10 appropriations committee and the senate finance committee, and the
64-11 Legislative Budget Board a report that identifies each nonresident
64-12 bidder to whom the agency awarded a contract that has a value of
64-13 $25,000 or more for the purchase of supplies, materials, services,
64-14 or equipment during the six calendar months preceding the month in
64-15 which the report is filed, if the agency awarded such a contract
64-16 during the reporting period. For contracts with a value of
64-17 $250,000 or more, the agency shall include an explanation for the
64-18 need to use a nonresident bidder.
64-19 (d) In addition to the information required by Subsection
64-20 (b), a state agency shall include in the report to the Legislative
64-21 Budget Board a listing of the total value of all purchases from
64-22 nonresident bidders of supplies, materials, services, and equipment
64-23 during the six calendar months preceding the month in which the
64-24 report is filed. If the total amount reported is greater than $1
64-25 million or greater than 25 percent of the total value of all
65-1 purchases, the state agency shall include an explanation for the
65-2 need to use nonresident bidders.
65-3 SECTION 38. Subsection (e), Section 2155.067, Government
65-4 Code, is amended to read as follows:
65-5 (e) If the commission, after considering all factors, takes
65-6 exception to the justifications, the commission shall purchase the
65-7 goods or services as requested and report the reasons for its
65-8 exception to the:
65-9 (1) members of the governing body and the agency head
65-10 [or the presiding officer of the agency's governing body];
65-11 (2) state auditor;
65-12 (3) Legislative Budget Board; and
65-13 (4) governor.
65-14 SECTION 39. Section 2155.073, Government Code, is amended to
65-15 read as follows:
65-16 Sec. 2155.073. HISTORICALLY UNDERUTILIZED [PARTICIPATION BY
65-17 SMALL] BUSINESSES ASSISTANCE PROGRAM [IN STATE PURCHASING]. The
65-18 commission shall assist and foster participation of historically
65-19 underutilized [small] businesses in the purchasing activities,
65-20 other than construction or construction-related activity, of the
65-21 state. Strategies for assisting and fostering such participation
65-22 include but are not limited to [by]:
65-23 (1) assisting state agencies in developing strategies
65-24 and procedures to ensure the inclusion of historically
65-25 underutilized [small] businesses on state agency master bid lists;
66-1 (2) informing historically underutilized [small]
66-2 businesses of state purchasing opportunities;
66-3 (3) assisting historically underutilized [small]
66-4 businesses in complying with the procedures for bidding on state
66-5 contracts and assisting those businesses in such skills as bidding
66-6 techniques and product analysis;
66-7 (4) providing training [working with state and federal
66-8 agencies and with private organizations in disseminating
66-9 information on state purchasing procedures and the opportunities
66-10 for small businesses to participate in state contracts;]
66-11 [(5) assisting state agencies with the development of
66-12 a comprehensive list of small businesses capable of providing goods
66-13 or services to the state;]
66-14 [(6) making recommendations] to state agencies on how
66-15 to simplify contract specifications and terms to increase the
66-16 opportunities for historically underutilized [small] business
66-17 participation; and
66-18 (5) [(7) working with state agencies to establish a
66-19 statewide policy for increasing the use of small businesses;]
66-20 [(8)] assisting state agencies in seeking historically
66-21 underutilized [small] businesses capable of supplying goods and
66-22 services that the agencies require through the development of a
66-23 comprehensive list of historically underutilized businesses[;]
66-24 [(9) assisting state agencies in identifying and
66-25 advising small businesses on the types of goods and services needed
67-1 by the agencies; and]
67-2 [(10) assisting state agencies in increasing the
67-3 volume of business placed with small businesses].
67-4 SECTION 40. Subchapter B, Chapter 2155, Government Code, is
67-5 amending by adding Section 2155.074 to read as follows:
67-6 Sec. 2155.074. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
67-7 commission or the governing board of an institution of higher
67-8 education acting either directly or through the commission or
67-9 another state agency may negotiate purchases of goods of any kind
67-10 needed by the state agency or institution of higher education with
67-11 the appropriate agency of the federal government.
67-12 (b) The price of goods that are purchased from the federal
67-13 government may not exceed the prevailing market value of the goods
67-14 or the real or intrinsic value if there is no market value.
67-15 (c) In negotiating purchases of goods under this section,
67-16 the commission or the governing board of the institution of higher
67-17 education may waive the requirement of a bidder's bond and
67-18 performance bond that otherwise would be required.
67-19 SECTION 41. Subchapter H, Chapter 2155, Government Code, is
67-20 amended by adding Section 2155.4441 to read as follows:
67-21 Sec. 2155.4441. SERVICE CONTRACTS. A state agency that
67-22 contracts for services shall require the contractor to purchase
67-23 products and materials produced in this state when they are
67-24 available at a price and time comparable to products and materials
67-25 produced outside this state.
68-1 SECTION 42. Subchapter H, Chapter 2155, Government Code, is
68-2 amended by adding Section 2155.449 to read as follows:
68-3 Sec. 2155.449. PREFERENCE FOR PRISON-PRODUCED GOODS. The
68-4 commission and other state agencies shall purchase goods produced
68-5 by the Texas Department of Criminal Justice when those goods are
68-6 equal to or lower in price than goods of comparable quality
68-7 available on the open market.
68-8 SECTION 43. Section 2161.001, Government Code, is amended to
68-9 read as follows:
68-10 Sec. 2161.001. DEFINITIONS. In this chapter:
68-11 (1) "Economically disadvantaged person" means a person
68-12 who is:
68-13 (A)(i) an owner of a business that does not
68-14 exceed, in any period of four consecutive years, the gross receipts
68-15 or total employment levels stated in the small business guidelines,
68-16 13 C.F.R. Section 121.201, promulgated by the United States Small
68-17 Business Administration for businesses within the same four-digit
68-18 Standard Industrial Classification code; and
68-19 (ii) if the person is married and the
68-20 person's spouse is a business owner, the spouse's business
68-21 qualifies as a small business within the respective four-digit
68-22 Standard Industrial Classification code applicable to the spouse's
68-23 business; or
68-24 (B) a member of a group that has suffered the
68-25 effects of discriminatory practices or other similar circumstances
69-1 over which the person had no control, as defined in the state's
69-2 Disparity Study, including Black Americans, Hispanic Americans,
69-3 women, Asian Pacific Americans, and Native Americans who are also
69-4 economically disadvantaged persons as defined by Paragraph (A).
69-5 (2) "Goods" means supplies, materials, or equipment.
69-6 (3) [(2)] "Historically underutilized business" means:
69-7 (A) a corporation formed for the purpose of
69-8 making a profit in which 51 percent or more of all classes of the
69-9 shares of stock or other equitable securities are owned by one or
69-10 more economically [socially] disadvantaged persons who have a
69-11 proportionate interest and actively participate in the
69-12 corporation's control, operation, and management;
69-13 (B) a sole proprietorship created for the
69-14 purpose of making a profit that is completely owned, operated, and
69-15 controlled by an economically [a socially] disadvantaged person;
69-16 (C) a partnership formed for the purpose of
69-17 making a profit in which 51 percent or more of the assets and
69-18 interest in the partnership are owned by one or more economically
69-19 [socially] disadvantaged persons who have a proportionate interest
69-20 and actively participate in the partnership's control, operation,
69-21 and management;
69-22 (D) a joint venture in which each entity in the
69-23 venture is a historically underutilized business, as determined
69-24 under another paragraph of this subdivision; or
69-25 (E) a supplier contract between a historically
70-1 underutilized business as determined under another paragraph of
70-2 this subdivision and a prime contractor under which the
70-3 historically underutilized business is directly involved in the
70-4 manufacture or distribution of the goods or otherwise warehouses
70-5 and ships the goods.
70-6 (4) "State agency" means:
70-7 (A) a department, commission, board, office, or
70-8 other agency in the executive branch of state government created by
70-9 the state constitution or a state statute;
70-10 (B) the supreme court, the court of criminal
70-11 appeals, a court of appeals, or the Texas Judicial Council; or
70-12 (C) a university system or an institution of
70-13 higher education as defined by Section 61.003, Education Code,
70-14 except a public junior college. [(3) "Socially disadvantaged
70-15 person" means a person who is socially disadvantaged because of the
70-16 person's identification as a member of a certain group, including
70-17 Black Americans, Hispanic Americans, women, Asian Pacific
70-18 Americans, and Native Americans, and who has suffered the effects
70-19 of discriminatory practices or other similar insidious
70-20 circumstances over which the person has no control.]
70-21 SECTION 44. Section 2161.002, Government Code, is amended by
70-22 adding Subsection (c) to read as follows:
70-23 (c) If a conflict exists between this chapter and rules
70-24 adopted under this chapter and the requirements of federal law,
70-25 federal law prevails, and the commission is authorized to
71-1 administer this chapter consistent with federal law.
71-2 SECTION 45. Subchapter A, Chapter 2161, Government Code, is
71-3 amended by adding Section 2161.003 to read as follows:
71-4 Sec. 2161.003. ADOPTION OF RULES BY STATE AGENCY. State
71-5 agencies shall adopt for the administration of their historically
71-6 underutilized business program the rules adopted by the commission.
71-7 Each state agency may develop supplemental rules to the
71-8 commission's rules if the rules are:
71-9 (1) consistent with commission rules; and
71-10 (2) based on the disparity study.
71-11 SECTION 46. Section 2161.122, Government Code, is amended to
71-12 read as follows:
71-13 Sec. 2161.122. INFORMATION GATHERING BY STATE AGENCY.
71-14 (a) To ensure accuracy in reporting, a state agency shall maintain
71-15 and compile monthly information relating to the use by the agency
71-16 and each of its operating divisions of historically underutilized
71-17 businesses, including information regarding subcontractors and
71-18 suppliers required by Subsection (b).
71-19 (b) A contractor or supplier awarded a contract by a state
71-20 agency shall report to the agency the identity of each historically
71-21 underutilized business to whom the contractor or supplier awarded a
71-22 subcontract for the purchase of goods or services.
71-23 (c) State agencies shall report to the commission the
71-24 following information on businesses classified as owned by
71-25 economically disadvantaged persons, including Black Americans,
72-1 Hispanic Americans, Asian Pacific Americans, and by gender, with
72-2 regard to the expenditure of both treasury and nontreasury funds:
72-3 (1) the total dollar amount of purchases and payments
72-4 made under contracts awarded to historically underutilized
72-5 businesses; and
72-6 (2) the number of payments received by each
72-7 historically underutilized business under each contract.
72-8 (d) A state agency participating in a group purchasing
72-9 program described under Section 2155.139(b) shall send to the
72-10 commission in the agency's report under Section 2161.121 a separate
72-11 list of purchases from historically underutilized businesses that
72-12 are made through the group purchasing program, including the dollar
72-13 amount of each purchase allocated to the reporting agency.
72-14 (e) [(d)] A state agency's report is a record of the
72-15 agency's purchases for which the agency selected the vendor. If
72-16 the vendor was selected by the commission as part of its state
72-17 contract program, the commission shall include the purchase in the
72-18 commission's report of its own purchases unless the commission made
72-19 a sole source purchase for the agency under Section 2155.067. The
72-20 state agency for which the purchase was made shall report the
72-21 selection of the vendor on its report as if the agency selected the
72-22 vendor when the agency drew specifications for goods or services
72-23 that are proprietary to one vendor.
72-24 SECTION 47. Chapter 2161, Government Code, is amended by
72-25 adding Subchapter F to read as follows:
73-1 SUBCHAPTER F. ACTIONS FOR AGENCY NONCOMPLIANCE
73-2 Sec. 2161.301. ACCOUNTABILITY OF STATE AGENCIES. (a) The
73-3 state auditor shall report to the commission a state agency that is
73-4 not complying with this chapter.
73-5 (b) If an agency is found by the state auditor not to be in
73-6 compliance with this chapter, the commission may revoke any
73-7 purchasing authority that the commission had delegated to the
73-8 agency. If the commission revokes an agency's delegated purchasing
73-9 authority under this subsection, the comptroller may consider that
73-10 fact in the event the commission needs a transfer of the violating
73-11 agency's appropriated funds to cover the costs to the commission of
73-12 assuming the violating agency's purchasing functions. The amount
73-13 of transfer from the violating agency's funds to the commission
73-14 shall be in an amount determined by the Legislative Budget Board.
73-15 SECTION 48. Subchapter F, Chapter 2166, Government Code, is
73-16 amended by adding Section 2166.2551 to read as follows:
73-17 Sec. 2166.2551. CONTRACT NOTIFICATION. (a) Not later than
73-18 the 10th day after the date a state agency enters into a contract
73-19 under this chapter, the agency shall provide written notice, using
73-20 a form prescribed by the Legislative Budget Board, to:
73-21 (1) the Legislative Budget Board;
73-22 (2) the appropriations committee of the house of
73-23 representatives;
73-24 (3) the finance committee of the senate; and
73-25 (4) any committees of the house of representatives or
74-1 the senate that provide oversight for the state agency.
74-2 (b) Subsection (a) applies to any amendment, modification,
74-3 renewal, or extension of any contract subject to this section.
74-4 (c) Subsections (a) and (b) do not apply to a contract,
74-5 including any amendments, modifications, renewals, or extensions,
74-6 that has a total value of less than $1,000.
74-7 SECTION 49. Subsection (a), Section 2166.259, Government
74-8 Code, is amended to read as follows:
74-9 (a) This section applies only to a contract for a public
74-10 works project for which the combined [that has an] estimated cost
74-11 of all projects exceeds an aggregate contractual value of $100
74-12 [more than $20] million.
74-13 SECTION 50. Subchapter F, Chapter 2166, Government Code, is
74-14 amended by adding Section 2166.260 to read as follows:
74-15 Sec. 2166.260. SMALL CONTRACTOR PARTICIPATION ASSISTANCE
74-16 PROGRAM. (a) This section applies only to public works projects
74-17 for which the combined estimated cost of all projects exceeds an
74-18 aggregate contractual value of $100 million that are undertaken by
74-19 or for any state agency or institution of higher education.
74-20 Notwithstanding other law, this section applies without regard to:
74-21 (1) the source of funds for a public works project;
74-22 (2) whether a public works project is otherwise
74-23 excepted from the application of this section by Section 2166.003
74-24 or 2166.004 or other law; or
74-25 (3) whether the public works project is undertaken
75-1 under the authority of this section or other law.
75-2 (b) In this section:
75-3 (1) "Program" means a small contractor participation
75-4 assistance program created under this section.
75-5 (2) "Public works project" means a construction
75-6 project, including a building, designed to serve the public
75-7 necessity, use, or convenience that is undertaken and carried out
75-8 by a state agency or institution of higher education as described
75-9 by Subsection (a). The term includes a project for the
75-10 construction, alteration, or repair of a public building or of a
75-11 road, bridge, or highway.
75-12 (3) "Small contractor" means a person who is the owner
75-13 of a business that does not exceed, in any period of four
75-14 consecutive years, the gross receipts or total employment levels
75-15 stated in the small business guidelines, 13 C.F.R. Section 121.201,
75-16 promulgated by the United States Small Business Administration for
75-17 businesses within the same four-digit Standard Industrial
75-18 Classification code. If the person is married and the person's
75-19 spouse is a business owner, the spouse's business must also qualify
75-20 as a small business within the respective four-digit Standard
75-21 Industrial Classification code applicable to the spouse's business.
75-22 (c) Not later than January 1, 1998, a state agency or
75-23 institution of higher education having a public works project
75-24 described by Subsection (a) shall establish a small contractor
75-25 participation assistance program to ensure full opportunity for
76-1 participation in public works projects by small contractors. A
76-2 program established under this section must include:
76-3 (1) a system for the centralized purchase of any
76-4 necessary insurance coverage for the public works project that is
76-5 required under Subsection (d);
76-6 (2) a public outreach plan to provide public
76-7 information about the program and to encourage small contractors to
76-8 participate in the program;
76-9 (3) a technical assistance plan to aid small
76-10 contractors in developing the skills necessary to participate in
76-11 the program in accordance with Subsection (e); and
76-12 (4) a financing assistance plan to provide
76-13 administrative and other assistance to small contractors in
76-14 obtaining any necessary financing arrangements to make the
76-15 participation of those contractors possible.
76-16 (d) A state agency or institution of higher education having
76-17 a public works project described by Subsection (a) shall provide
76-18 for the centralized purchasing of:
76-19 (1) workers' compensation insurance coverage;
76-20 (2) employer's liability insurance coverage;
76-21 (3) commercial general and excess liability coverage;
76-22 (4) payment and performance bonds with multisurety
76-23 capability; and
76-24 (5) any other analogous coverage the agency or
76-25 institution of higher education considers necessary and reasonable
77-1 for the particular public works project.
77-2 (e) A technical assistance plan adopted by a state agency or
77-3 institution of higher education having a public works project
77-4 described by Subsection (a) must include information on and
77-5 assistance in:
77-6 (1) estimating bids, the bidding process, scheduling,
77-7 and understanding bid documents;
77-8 (2) reading construction drawings and other analogous
77-9 documents;
77-10 (3) business accounting, bonds, and bond requirements;
77-11 (4) negotiation with general contractors; and
77-12 (5) any other technical, financial, and administrative
77-13 assistance considered appropriate and necessary given the
77-14 complexity and scope of the particular public works project.
77-15 (f) A state agency or institution of higher education having
77-16 a public works project described by Subsection (a) may negotiate
77-17 contracts with persons or firms having expertise in the areas that
77-18 must be included in the agency's or institution's technical
77-19 assistance plan to provide the information and assistance.
77-20 (g) A state agency or institution of higher education may
77-21 consult with the commission when implementing a small contractor
77-22 participation assistance program.
77-23 SECTION 51. Subchapter H, Chapter 2166, Government Code, is
77-24 amended by adding Section 2166.357 to read as follows:
77-25 Sec. 2166.357. CONSTRUCTION STANDARDS. A state agency
78-1 responsible for the construction of a structure or facility or the
78-2 repair or rehabilitation of an existing structure or facility shall
78-3 ascertain that the project complies with applicable standards for
78-4 new construction, repair, or rehabilitation adopted under this
78-5 subtitle and shall file a statement to that effect with the
78-6 comptroller.
78-7 SECTION 52. Subsection (a), Section 2170.001, Government
78-8 Code, is amended by adding Subdivision (3) to read as follows:
78-9 (3) "State agency" has the meaning assigned by Section
78-10 2151.002.
78-11 SECTION 53. Subchapter A, Chapter 2170, Government Code, is
78-12 amended by adding Sections 2170.009 through 2170.011 to read as
78-13 follows:
78-14 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
78-15 station telephone may be located in the Capitol area only with the
78-16 approval of the commission. The commission shall collect the
78-17 revenue from the installation and operation of the pay telephones
78-18 and deposit it to the credit of the general revenue fund.
78-19 (b) In a state-owned or state-leased building or on
78-20 state-owned land to which Subsection (a) does not apply, a pay
78-21 telephone may be installed only with the approval of the governing
78-22 body of the state entity that has charge and control of the
78-23 building or land. The entity shall collect the revenue from the
78-24 installation and operation of the pay telephones and deposit it to
78-25 the credit of the general revenue fund.
79-1 (c) The commission or other state entity shall account for
79-2 the revenue collected under this section in the entity's annual
79-3 report.
79-4 Sec. 2170.010. COST OF NOT USING STATE TELEPHONE SYSTEM.
79-5 Each state agency shall advise agency employees that an employee
79-6 may be held liable for the difference in cost between a
79-7 telecommunications system call that does not use the state's
79-8 consolidated telecommunications system and a call that does unless:
79-9 (1) the executive head of the agency certifies to the
79-10 comptroller that an emergency existed;
79-11 (2) the commission determines that the call that did
79-12 not use the state's system is more cost-effective; or
79-13 (3) the state system is not available at the
79-14 employee's location.
79-15 Sec. 2170.011. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
79-16 state agency and its officers and employees may not use
79-17 appropriated money to buy or rent or pay toll charges for a
79-18 telephone for which the telephone number is not listed or available
79-19 from directory assistance to the general public unless the unlisted
79-20 telephone number is used:
79-21 (1) to provide access to computers, telephone system
79-22 control centers, long-distance networks, elevator control systems,
79-23 and other tone controlled devices for which restricted access to
79-24 the telephone number is justified for security or other purposes;
79-25 (2) in narcotics undercover operations; or
80-1 (3) in the detection of illegal sales of securities.
80-2 SECTION 54. Section 2170.051, Government Code, is amended to
80-3 read as follows:
80-4 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
80-5 commission shall manage the operation of a system of
80-6 telecommunications services for all state agencies. Each agency
80-7 shall identify its particular requirements for telecommunications
80-8 services and the site at which the services are to be provided.
80-9 (b) The commission shall fulfill the telecommunications
80-10 requirements of each state agency to the extent possible and to the
80-11 extent that money is appropriated or available for that purpose.
80-12 (c) A state agency shall use the consolidated
80-13 telecommunications system to the fullest extent possible. A state
80-14 agency may not acquire telecommunications services unless the
80-15 commission and the Department of Information Resources determine
80-16 that the agency's requirement for telecommunications services
80-17 cannot be met by the consolidated telecommunications system.
80-18 (d) A state agency may not enter into or renew a contract
80-19 with a carrier or other provider of telecommunications services
80-20 without obtaining a waiver from the commission and the Department
80-21 of Information Resources certifying that the requested
80-22 telecommunications services cannot be provided at a reasonable cost
80-23 on the consolidated telecommunications system. The commission and
80-24 the department shall evaluate requests for waivers based on
80-25 cost-effectiveness to the state government as a whole. A waiver
81-1 may be granted for a specific period and will automatically expire
81-2 on the stated expiration date unless an extension is approved by
81-3 the commission and the department. A contract for
81-4 telecommunications services obtained under waiver may not extend
81-5 beyond the expiration date of the waiver.
81-6 SECTION 55. Chapter 2203, Government Code, is amended by
81-7 adding Sections 2203.004 through 2203.006 to read as follows:
81-8 Sec. 2203.004. PREPARATION AND SALE OF HEARINGS TRANSCRIPTS.
81-9 (a) Proceeds from the sale of transcripts made by a hearings
81-10 reporter who is a state employee shall be deposited in the state
81-11 treasury if the copies of the transcript are made on state time or
81-12 using state supplies or equipment.
81-13 (b) A state agency that allows its employees to keep the
81-14 proceeds from the sale of transcripts shall develop procedures to
81-15 assure that neither state equipment nor supplies are used to
81-16 prepare copies of the transcripts.
81-17 Sec. 2203.005. REQUIREMENT TO USE STATE PROPERTY FOR STATE
81-18 PURPOSES. State property may be used only for state purposes. A
81-19 person may not entrust state property to a state officer or
81-20 employee or to any other person if the property is not to be used
81-21 for state purposes.
81-22 Sec. 2203.006. VENDING MACHINES AUTHORIZED. (a) In a
81-23 state-owned or state-leased building or on state-owned or
81-24 state-leased property that is not served by a vendor operating
81-25 under the supervision of the Texas Commission for the Blind, a
82-1 vending machine may be located in the building or on the property
82-2 only with the approval of the governing body of the state agency
82-3 that has charge and control of the building or property. The
82-4 approval must be recorded in the minutes of a meeting of the
82-5 governing body.
82-6 (b) The state agency shall file with the General Services
82-7 Commission a copy of all contracts between the state agency and the
82-8 vendor related to the vending machine and a written description of
82-9 the location of the vending machine.
82-10 (c) All rentals, commissions, or other net revenue the state
82-11 agency receives in connection with the vending machine shall be
82-12 accounted for as state money. The agency shall account for the
82-13 revenue received under this section in the agency's annual report
82-14 prepared as required by the General Appropriations Act.
82-15 (d) In a state-owned or state-leased building or on
82-16 state-owned or state-leased property that is served by a vendor
82-17 operating under the supervision of the Texas Commission for the
82-18 Blind, a vending machine may be located and operated in the
82-19 building or on the property only under a joint contract with the
82-20 owners of the vending machine and the vendor operating under the
82-21 supervision of the Texas Commission for the Blind.
82-22 SECTION 56. Subchapter A, Chapter 2254, Government Code, is
82-23 amended by adding Section 2254.0031 to read as follows:
82-24 Sec. 2254.0031. INDEMNIFICATION. A state agency may require
82-25 the contractor to indemnify or hold harmless the state from claims
83-1 and liabilities resulting from the negligent acts or omissions of
83-2 the contractor or persons employed by the contractor. A state
83-3 agency may not require a contractor to indemnify or hold harmless
83-4 the state for claims or liabilities resulting from the negligent
83-5 acts or omissions of the agency or its employees.
83-6 SECTION 57. Subchapter A, Chapter 2254, Government Code, is
83-7 amended by adding Section 2254.006 to read as follows:
83-8 Sec. 2254.006. CONTRACT NOTIFICATION. (a) Not later than
83-9 the 10th day after the date a state agency enters into a contract
83-10 under this subchapter, the agency shall provide written notice,
83-11 using a form prescribed by the Legislative Budget Board, to:
83-12 (1) the Legislative Budget Board;
83-13 (2) the appropriations committee of the house of
83-14 representatives;
83-15 (3) the finance committee of the senate; and
83-16 (4) any committees of the house of representatives or
83-17 the senate that provide oversight for the state agency.
83-18 (b) Subsection (a) applies to any amendment, modification,
83-19 renewal, or extension of any contract subject to this section.
83-20 (c) Subsections (a) and (b) do not apply to a contract,
83-21 including any amendments, modifications, renewals, or extensions,
83-22 that:
83-23 (1) has a total value of less than $1,000; or
83-24 (2) is for medical or optometric services.
83-25 (d) In this section, "state agency" has the meaning assigned
84-1 by Section 2151.002.
84-2 SECTION 58. Subchapter B, Chapter 2254, Government Code, is
84-3 amended by adding Section 2254.0301 to read as follows:
84-4 Sec. 2254.0301. CONTRACT NOTIFICATION. (a) Not later than
84-5 the 10th day after the date a state agency enters into a contract
84-6 under this subchapter, the agency shall provide written notice,
84-7 using a form prescribed by the Legislative Budget Board, to:
84-8 (1) the Legislative Budget Board;
84-9 (2) the appropriations committee of the house of
84-10 representatives;
84-11 (3) the finance committee of the senate; and
84-12 (4) any committees of the house of representatives or
84-13 the senate that provide oversight for the state agency.
84-14 (b) Subsection (a) applies to any amendment, modification,
84-15 renewal, or extension of any contract subject to this section.
84-16 (c) Subsections (a) and (b) do not apply to a contract,
84-17 including any amendments, modifications, renewals, or extensions,
84-18 that has a total value of less than $1,000.
84-19 (d) In this section, "state agency" has the meaning assigned
84-20 by Section 2151.002.
84-21 SECTION 59. Section 2256.005, Government Code, is amended by
84-22 adding Subsection (n) to read as follows:
84-23 (n) The investment officer of an investing entity shall
84-24 submit a quarterly investment report to the governing body of the
84-25 investing entity. For each individual investment as of the date of
85-1 the report, the report must describe:
85-2 (1) the carrying value;
85-3 (2) the market value;
85-4 (3) the maturity date; and
85-5 (4) the account or fund in the investing entity's
85-6 budget that provided the funding.
85-7 SECTION 60. Subchapter D, Chapter 11, Natural Resources
85-8 Code, is amended by adding Section 11.0791 to read as follows:
85-9 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
85-10 LANDS. (a) When a state governmental entity, including a river
85-11 authority, sells state land, the entity shall require that the
85-12 state have the right of ingress and egress to remaining state land
85-13 in the immediate area by an easement to a public thoroughfare.
85-14 (b) A state governmental entity, including a river
85-15 authority, may not spend state money, including money passed
85-16 through the entity from another source or bond money guaranteed by
85-17 the state, for any purpose not specifically authorized by statute
85-18 with a person who denies the state access by easement to landlocked
85-19 state properties.
85-20 SECTION 61. Subchapter D, Chapter 11, Natural Resources
85-21 Code, is amended by adding Section 11.083 to read as follows:
85-22 Sec. 11.083. RETENTION OF MINERAL RIGHTS. If it is
85-23 practical to do so, the state shall retain the mineral rights to
85-24 state land that is sold.
85-25 SECTION 62. Section 34.057, Natural Resources Code, is
86-1 amended by adding Subsections (e) and (f) to read as follows:
86-2 (e) A board shall include a provision in all mineral leases
86-3 to allow the taking in kind of any royalties due to the state.
86-4 Before buying oil, gas, coal, lignite, or other natural resources
86-5 used in the production of energy, the Parks and Wildlife Department
86-6 and the Texas Department of Criminal Justice shall each use, to the
86-7 greatest extent practical, resources produced from land it owns to
86-8 meet its energy requirements.
86-9 (f) A board may include a provision in leases providing for
86-10 placing state meters on all gas wells at the wellhead to monitor
86-11 the amount of gas taken.
86-12 SECTION 63. Subsection (a), Section 21.003, Labor Code, is
86-13 amended to read as follows:
86-14 (a) The commission may:
86-15 (1) promote the creation of local commissions on human
86-16 rights by cooperating or contracting with individuals or state,
86-17 local, or other agencies, public or private, including agencies of
86-18 the federal government and of other states;
86-19 (2) receive, investigate, seek to conciliate, and pass
86-20 on complaints alleging violations of this chapter;
86-21 (3) file civil actions to effectuate the purposes of
86-22 this chapter;
86-23 (4) request and, if necessary, compel by subpoena:
86-24 (A) the attendance of necessary witnesses for
86-25 examination under oath; and
87-1 (B) the production, for inspection and copying,
87-2 of records, documents, and other evidence relevant to the
87-3 investigation of alleged violations of this chapter;
87-4 (5) furnish technical assistance requested by a person
87-5 subject to this chapter to further compliance with this chapter or
87-6 with a rule or order issued under this chapter;
87-7 (6) recommend in its annual report legislation or
87-8 other action to carry out the purposes and policies of this
87-9 chapter;
87-10 (7) adopt procedural rules to carry out the purposes
87-11 and policies of this chapter;
87-12 (8) provide educational and outreach activities to
87-13 individuals who have historically been victims of employment
87-14 discrimination; [and]
87-15 (9) require state agencies and public institutions of
87-16 higher education to develop and implement personnel policies that
87-17 comply with this chapter, including personnel selection procedures
87-18 that incorporate a work force diversity program;
87-19 (10) require state agencies and public institutions or
87-20 systems of higher education to develop and implement narrowly
87-21 tailored hiring policies and procedures as determined by the
87-22 commission that shall be incorporated into a work force diversity
87-23 program until the current effects of past discrimination or
87-24 exclusion in certain classifications of otherwise qualified persons
87-25 have been fully remedied as certified by the commission, provided
88-1 that the commission shall continue to monitor the hiring policies
88-2 and procedures of state agencies or public institutions or systems
88-3 of higher education through annual work force utilization analyses
88-4 as required by Section 21.502 and shall require the implementation
88-5 of narrowly tailored hiring policies and procedures after a finding
88-6 by the commission that discrimination or exclusion in certain
88-7 classifications exists; and
88-8 (11) adopt rules and guidelines defining the policies,
88-9 procedures, actions, and reporting requirements for the
88-10 implementation of Subdivision (10) and Section 21.502.
88-11 SECTION 64. Chapter 21, Labor Code, is amended by adding
88-12 Subchapter I to read as follows:
88-13 SUBCHAPTER I. WORK FORCE UTILIZATION ANALYSES
88-14 Sec. 21.501. LEGISLATIVE FINDING. On the basis of the
88-15 annual work force utilization analyses as reported to the
88-16 legislature by the commission pursuant to the General
88-17 Appropriations Act, the legislature finds that due to the current
88-18 effects of past discrimination or exclusion certain classifications
88-19 of otherwise qualified persons have been denied equal employment
88-20 opportunities by certain state agencies and public institutions or
88-21 systems of higher education.
88-22 Sec. 21.502. REPORTING. The commission shall conduct annual
88-23 work force utilization analyses for state agencies and public
88-24 institutions or systems of higher education and shall report its
88-25 findings to the legislature at the beginning of each biennium. Any
89-1 state agency or public institution or system of higher education
89-2 that fails to comply with the annual reporting requirements
89-3 established by the commission shall pay to the commission a penalty
89-4 not to exceed $2,000 from funds appropriated by the legislature for
89-5 each reporting period that the state agency or public institution
89-6 or system of higher education fails to comply.
89-7 SECTION 65. This Act takes effect September 1, 1997.
89-8 SECTION 66. The importance of this legislation and the
89-9 crowded condition of the calendars in both houses create an
89-10 emergency and an imperative public necessity that the
89-11 constitutional rule requiring bills to be read on three several
89-12 days in each house be suspended, and this rule is hereby suspended.