By Ratliff S.B. No. 31
75R4245 GCH/JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of agencies in the executive,
1-3 legislative, and judicial branches of state government, including
1-4 authorizations for and restrictions on the use of state funds and
1-5 the compensation of employees and contractors.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. The purpose of this Act is to transfer to the
1-8 permanent general law certain provisions of Article IX of the
1-9 General Appropriations Act relating to the use of state funds and
1-10 other powers and duties of state agencies.
1-11 SECTION 2. Section 324.008, Government Code, is amended by
1-12 adding Subsections (d) and (e) to read as follows:
1-13 (d) The governing body of a state agency shall deliver to
1-14 the library immediately after transcription a certified copy of the
1-15 minutes of any meeting of the governing body. Any changes or
1-16 corrections to the minutes shall also be delivered to the library.
1-17 (e) For purposes of this section, "state agency" has the
1-18 meaning assigned by Sections 2151.002(2)(A) and (C).
1-19 SECTION 3. Subchapter B, Chapter 403, Government Code, is
1-20 amended by adding Sections 403.0131 and 403.0132 to read as
1-21 follows:
1-22 Sec. 403.0131. REPORT TO LEGISLATURE. As soon as practical
1-23 after the comptroller certifies the appropriations made by the
1-24 legislature in a regular or special session, the comptroller shall
2-1 prepare a summary table for the legislature that details the basis
2-2 for the certification of all major funds. The table must be
2-3 similar in format and detail to the major estimates summary tables
2-4 published in the comptroller's biennial revenue estimate and shall
2-5 include the biennial appropriations from all major funds.
2-6 Sec. 403.0132. REPORT OF EXPENDITURES BY STATE AGENCY IN
2-7 COUNTY. (a) The comptroller shall prepare an annual report
2-8 detailing the expenditures by state agencies in each county.
2-9 (b) The report must include:
2-10 (1) the total expenditures by each agency in each
2-11 county; and
2-12 (2) the type of expenditure by object or other
2-13 classification as determined by the comptroller.
2-14 (c) The comptroller shall, if possible, report all
2-15 expenditures from funds in the state treasury to reflect the
2-16 delivery of goods and services by county. The comptroller shall
2-17 estimate the expenditures by county in all other circumstances.
2-18 (d) Each state agency shall provide the comptroller with the
2-19 necessary information to complete the report.
2-20 (e) Not later than December 1 of each year, the comptroller
2-21 shall file a copy of the report with the governor, lieutenant
2-22 governor, the speaker of the house of representatives, and the
2-23 Legislative Budget Board.
2-24 SECTION 4. Subchapter B, Chapter 656, Government Code, is
2-25 amended by adding Section 656.026 to read as follows:
2-26 Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is
2-27 not required to comply with the requirements of this subchapter or
3-1 Subchapter A when the agency transfers or reassigns an employee as
3-2 part of a reorganization or merger mandated by the legislature if
3-3 the executive head of the agency certifies that the transfer or
3-4 reassignment is necessary for the proper implementation of the
3-5 reorganization or merger.
3-6 SECTION 5. Section 658.005(a), Government Code, is amended
3-7 to read as follows:
3-8 (a) Normal office hours of a state agency are from 8 a.m. to
3-9 5 p.m., Monday through Friday. These hours are the regular working
3-10 hours for a full-time state employee. The offices of a state
3-11 agency shall remain open during the noon hour each working day with
3-12 at least one person on duty to accept calls, receive visitors, or
3-13 transact business.
3-14 SECTION 6. Section 658.006, Government Code, is amended to
3-15 read as follows:
3-16 Sec. 658.006. STAGGERED WORKING HOURS [; CAPITOL AREA IN
3-17 AUSTIN]. Normal working hours for employees of a state agency [in
3-18 the Capitol area in Austin] may be staggered [as authorized by the
3-19 General Appropriations Act] for traffic regulation or public
3-20 safety.
3-21 SECTION 7. Chapter 658, Government Code, is amended by
3-22 adding Sections 658.008 and 658.009 to read as follows:
3-23 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVES. To
3-24 facilitate participation in military duties by state employees,
3-25 each state agency, including each institution of higher education
3-26 as defined by Section 61.003, Education Code, shall adjust the work
3-27 schedule of any employee who is a member of the Texas National
4-1 Guard or the United States Armed Forces Reserves so that two of the
4-2 employee's days off work each month coincide with two days of
4-3 military duty to be performed by the employee.
4-4 Sec. 658.009. EMPLOYEES OF HOUSE OR SENATE. This chapter
4-5 applies to the employees of the house of representatives or of the
4-6 senate, including employees of a member of the legislature or the
4-7 lieutenant governor, only to the extent determined by the presiding
4-8 officer or administration committee of the affected house of the
4-9 legislature.
4-10 SECTION 8. Subchapter A, Chapter 659, Government Code, is
4-11 amended by adding Sections 659.004-659.007 to read as follows:
4-12 Sec. 659.004. PAYROLL REPORTING. (a) The comptroller, in
4-13 consultation with the state auditor, shall adopt rules that
4-14 prescribe uniform procedures for payroll reporting for all state
4-15 agencies and that are designed to:
4-16 (1) facilitate the auditing of payrolls;
4-17 (2) assure conformity with this chapter and the
4-18 General Appropriations Act; and
4-19 (3) provide the legislative audit committee with
4-20 current information on employment and wage rate practices in state
4-21 government.
4-22 (b) In this section, "state agency" has the meaning assigned
4-23 by Section 2151.002.
4-24 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
4-25 may not be made from the salary or wages of a state employee
4-26 because the employee is called for jury service, including a
4-27 deduction for any fee or compensation the employee receives for the
5-1 jury service.
5-2 (b) A state officer or employee who appears as a witness in
5-3 an official capacity in a judicial proceeding or legislative
5-4 hearing may not accept or receive a witness fee for the appearance.
5-5 (c) A state officer or employee who appears as a witness in
5-6 an unofficial capacity in a judicial proceeding or legislative
5-7 hearing to testify from personal knowledge concerning matters
5-8 related to the proceeding or hearing is entitled to receive any
5-9 customary witness fees for the appearance.
5-10 (d) A state officer or employee who appears as an expert
5-11 witness in a judicial proceeding or legislative hearing may accept
5-12 compensation for the appearance only if the person is not also
5-13 compensated by the state for the person's time in making the
5-14 appearance.
5-15 (e) A state officer or employee may receive reimbursement
5-16 for travel and a per diem or reimbursement for expenses connected
5-17 to an appearance as a witness in a judicial proceeding or
5-18 legislative hearing only from the state or the judicial body.
5-19 Sec. 659.006. WITHHOLDINGS, DEDUCTIONS, AND MATCHING
5-20 CONTRIBUTIONS: TAX AND RETIREMENT LAWS. (a) The state shall
5-21 withhold money from salaries and wages paid to state officers and
5-22 employees in accordance with applicable federal law, including
5-23 federal law relating to withholding for purposes of the federal
5-24 income tax or social security. The state shall make any required
5-25 employer contributions in accordance with applicable federal law.
5-26 (b) The state also shall withhold money from salaries and
5-27 wages paid to state officers and employees in accordance with
6-1 applicable state retirement laws. The state shall make required
6-2 matching contributions in accordance with those laws on payroll
6-3 forms prescribed by the comptroller.
6-4 (c) The comptroller shall issue warrants in accordance with
6-5 this section.
6-6 Sec. 659.007. ADJUSTMENT FOR INACCURATE PAYMENT. The
6-7 comptroller by rule shall prescribe procedures for state agencies
6-8 to follow in making adjustments to payrolls for the pay period
6-9 immediately following the period in which an inaccurate payment or
6-10 deduction is made or in which other error occurs.
6-11 SECTION 9. Subchapter B, Chapter 659, Government Code, is
6-12 amended by adding Sections 659.015-659.017 to read as follows:
6-13 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
6-14 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
6-15 state employee who is subject to the overtime provisions of the
6-16 federal Fair Labor Standards Act of 1938 (29 U.S.C. Sections 201 et
6-17 seq.) and who is not an employee of the legislature or of a
6-18 legislative agency.
6-19 (b) The employee is entitled to compensation for overtime as
6-20 provided by this section and federal law. To the extent that this
6-21 section and federal law prescribe a different rule for the same
6-22 circumstance, federal law controls without regard to whether this
6-23 section or federal law prescribes a stricter rule.
6-24 (c) An employee who is required to work more than 40 hours
6-25 in a workweek is entitled to compensation for the overtime hours:
6-26 (1) by taking compensatory time off at the rate of
6-27 1-1/2 hours off for each hour of accrued overtime, if the employing
7-1 agency allows or requires the employee to do so; or
7-2 (2) by receiving pay for the overtime hours at the
7-3 rate of 1-1/2 times the employee's regular hourly rate of pay, if
7-4 the employing agency determines it is impractical for the employee
7-5 to take compensatory time off as compensation for the overtime.
7-6 (d) Holidays or other paid leave taken during a workweek are
7-7 not counted as hours worked in computing the number of overtime
7-8 hours under Subsection (c) or (e).
7-9 (e) An employee may not accumulate more than 240 hours of
7-10 overtime credit that may be taken as compensatory leave under
7-11 Subsection (c)(1), except that an employee engaged in a public
7-12 safety activity, an emergency response activity, or a seasonal
7-13 activity may accumulate, in accordance with 29 U.S.C. Section
7-14 207(o)(3)(A), not more than 480 hours of overtime credit that may
7-15 be taken as compensatory leave under Subsection (c)(1). An
7-16 employee must be paid at the rate prescribed by Subsection (c)(2)
7-17 for the number of overtime hours the employee works that cause the
7-18 employee to exceed the amount of overtime credit the employee may
7-19 accumulate. In this subsection, "overtime credit" means the number
7-20 of hours that is computed by multiplying the number of overtime
7-21 hours worked by 1-1/2.
7-22 (f) When an employee does not work more than 40 hours in a
7-23 workweek but the number of hours worked plus the number of hours of
7-24 holiday or other paid leave taken during the workweek exceeds 40
7-25 hours, the employee is entitled to compensatory time off at the
7-26 rate of one hour off for each of the excess hours. When an employee
7-27 does work 40 or more hours in a workweek and in addition takes
8-1 holiday or other paid leave during the workweek, the employee is
8-2 entitled to compensatory time off at the rate of one hour off for
8-3 each of the hours of holiday or other paid leave taken during that
8-4 workweek and is entitled to compensation for any overtime hours
8-5 actually worked in accordance with Subsections (c)-(e). When an
8-6 employee does not work more than 40 hours in a workweek and the
8-7 number of hours worked plus the number of hours of holiday or other
8-8 paid leave taken during the week does not exceed 40 hours, the
8-9 employee may not accrue compensatory time for the week under this
8-10 section.
8-11 (g) Compensatory time off to which an employee is entitled
8-12 under Subsection (f) because of excess hours in a workweek
8-13 attributable to having taken holiday or other paid leave must be
8-14 taken during the 12-month period following the end of the workweek
8-15 in which the compensatory time is accrued or it lapses. An employee
8-16 may not be paid for that compensatory time. However, an employee of
8-17 an institution of higher education as defined by Section 61.003,
8-18 Education Code, or an employee engaged in a public safety activity,
8-19 including highway construction and maintenance or an emergency
8-20 response activity, may be paid at any time at the employee's
8-21 regular rate of pay for that compensatory time if the employer
8-22 determines that taking the compensatory time off would disrupt
8-23 normal teaching, research, or other critical functions.
8-24 (h) Hospital, fire protection, and law enforcement
8-25 personnel, including security personnel in correctional
8-26 institutions, are governed by the federal Fair Labor Standards Act
8-27 of 1938 (29 U.S.C. Sections 201 et seq.) provisions applicable to
9-1 those employees, including the exceptions to the standard overtime
9-2 computation for a workweek.
9-3 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
9-4 SUBJECT TO FAIR LABOR STANDARDS ACT; STATE COMPENSATORY TIME;
9-5 REDUCTIONS IN PAY. (a) This section applies only to a state
9-6 employee who is not subject to the overtime provisions of the
9-7 federal Fair Labor Standards Act of 1938 (29 U.S.C. Sections 201 et
9-8 seq.) and who is not an employee of the legislature or of a
9-9 legislative agency.
9-10 (b) When the sum of hours worked plus holiday or other paid
9-11 leave taken by an employee during a workweek exceeds 40 hours, and
9-12 not otherwise, the employee may be allowed to accrue compensatory
9-13 time for the number of hours that exceeds 40 hours.
9-14 (c) An employee who is exempt as an executive, professional,
9-15 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
9-16 allowed compensatory time off during the 12-month period following
9-17 the end of the workweek in which the overtime was accrued, at a
9-18 rate not to exceed one hour of compensatory time off for each hour
9-19 of overtime accrued.
9-20 (d) In accordance with 29 C.F.R. Section 541.118 and
9-21 subject to that section's exceptions as described by this section,
9-22 an employee who is exempt as an executive, professional, or
9-23 administrative employee under 29 U.S.C. Section 213(a)(1) is
9-24 entitled to receive full salary for any week in which the employee
9-25 performs work without regard to the number of days and hours
9-26 worked. This is also subject to the general rule that an employee
9-27 need not be paid for any workweek in which the employee performs no
10-1 work.
10-2 (e) A deduction may be made from the salary of an employee
10-3 who is exempt as an executive, professional, or administrative
10-4 employee under 29 U.S.C. Section 213(a)(1) if:
10-5 (1) the employee is not at work for a full day or
10-6 longer for personal reasons other than sickness or accident or
10-7 because of jury duty, attendance as a witness at a judicial
10-8 proceeding, or temporary military leave;
10-9 (2) the employee is not at work for a full day or
10-10 longer because of sickness or disability, including sickness or
10-11 disability covered by workers' compensation benefits, and the
10-12 employee's paid sick leave or workers' compensation benefits have
10-13 been exhausted;
10-14 (3) the deduction is a penalty imposed for a violation
10-15 of a significant safety rule relating to prevention of serious
10-16 danger in the workplace to other persons, including other
10-17 employees; or
10-18 (4) in accordance with the special provisions
10-19 applicable to executive, professional, or administrative employees
10-20 of public agencies set forth in 29 C.F.R. Section 541.5d, the
10-21 employee is not at work for less than one day for personal reasons
10-22 or because of illness or injury and accrued leave is not used by
10-23 the employee because:
10-24 (A) permission to use accrued leave was not
10-25 sought or was denied;
10-26 (B) accrued leave has been exhausted; or
10-27 (C) the employee chooses to use leave without
11-1 pay.
11-2 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
11-3 from the pay of an executive, professional, or administrative
11-4 employee because of an absence from work caused by a furlough
11-5 related to the budget does not affect the employee's status as an
11-6 employee paid on a salary basis, except for any workweek in which
11-7 the furlough occurs and for which the employee's pay is accordingly
11-8 reduced.
11-9 (g) If a deduction is made from an employee's salary in
11-10 violation of United States Department of Labor regulations, the
11-11 employee is entitled to retroactive reimbursement of the amount
11-12 that should not have been deducted.
11-13 (h) An employee who is not subject to the Fair Labor
11-14 Standards Act under 29 U.S.C. Section 203(e)(2)(C) because the
11-15 employee is a staff member, appointee, or immediate adviser of an
11-16 elected officeholder may be allowed compensatory time off under the
11-17 terms and conditions determined by the officeholder.
11-18 (i) An employee covered by this section may not be paid for
11-19 any unused compensatory time.
11-20 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
11-21 EMPLOYEES. (a) Sections 659.015 and 659.016 do not apply to
11-22 employees of the legislative branch of state government, including
11-23 employees of the lieutenant governor.
11-24 (b) Consistent with the requirements of the federal Fair
11-25 Labor Standards Act of 1938 (29 U.S.C. Sections 201 et seq.),
11-26 overtime pay and compensatory time off for employees of the
11-27 legislative branch, including employees of the lieutenant governor,
12-1 are determined as follows:
12-2 (1) for employees of the house of representatives or
12-3 the senate, by the presiding officer of the appropriate house of
12-4 the legislature;
12-5 (2) for employees of an elected officeholder, by the
12-6 employing officeholder; and
12-7 (3) for employees of a legislative agency, by the
12-8 administrative head of the agency.
12-9 SECTION 10. Section 659.081, Government Code, is amended to
12-10 read as follows:
12-11 Sec. 659.081. Payment Once a Month. Except as provided by
12-12 this subchapter or the General Appropriations Act, annual salaries
12-13 for state officers and employees shall be paid once a month.
12-14 SECTION 11. Subchapter F, Chapter 659, Government Code, is
12-15 amended by adding Section 659.085 to read as follows:
12-16 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
12-17 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
12-18 monthly salary for an annual employee who maintains a 40-hour
12-19 workweek and is covered under Chapter 658 is computed by dividing
12-20 the annual salary for the person's position set in or in accordance
12-21 with the General Appropriations Act by 12.
12-22 (b) For purposes of partial payment or other applicable
12-23 situations, the employee's hourly rate of pay for a given month is
12-24 computed by dividing the employee's monthly salary by the number of
12-25 working hours in the month. When the employee is on leave without
12-26 pay, compensation for the pay period is reduced by an amount
12-27 computed by multiplying the employee's hourly rate of pay times the
13-1 number of hours the employee was on leave without pay.
13-2 (c) The salary rate of a part-time employee must be
13-3 proportional to the regular salary for the position set in or in
13-4 accordance with the General Appropriations Act.
13-5 (d) An agency that may contract with its employees for
13-6 employment for less than a 12-month period may make equal monthly
13-7 salary payments under the contract during the contract period.
13-8 SECTION 12. Section 660.002, Government Code, is amended to
13-9 read as follows:
13-10 Sec. 660.002. DEFINITIONS. In this chapter:
13-11 (1) "Appropriated money" means money appropriated by
13-12 the legislature through the General Appropriations Act or other
13-13 law.
13-14 (2) "Board" means a governing body, commission,
13-15 committee, council, or similar entity composed of at least two
13-16 members that is in the executive, legislative, or judicial branch
13-17 of state government.
13-18 (3) "Cancellation charge" means a fee, charge, or
13-19 payment that a provider of travel services assesses or retains
13-20 because of the cancellation of a travel reservation or other travel
13-21 plan.
13-22 (4) "Chief administrator of a state agency" means:
13-23 (A) an elected state official, excluding a
13-24 member of the legislature;
13-25 (B) an appointed state official, including an
13-26 individual [official] whose appointment as a state official has not
13-27 yet been confirmed by the [is subject to] senate [confirmation];
14-1 (C) the director of a legislative interim
14-2 committee or board;
14-3 (D) the chief administrator of a state hospital
14-4 or special school; [and]
14-5 (E) the chief administrator of an [a state]
14-6 institution of higher education;
14-7 (F) a first assistant, chief deputy, chief
14-8 clerk, or similar individual employed by a state agency who is
14-9 specifically authorized by law to act for the individual's
14-10 superior; or
14-11 (G) the individual who has the daily
14-12 responsibility for managing the operations of a state agency that
14-13 is governed by a part-time board.
14-14 (5) "Commercial lodging establishment" means:
14-15 (A) a motel, hotel, inn, apartment, house, or
14-16 similar establishment that provides lodging to the public for pay;
14-17 or
14-18 (B) a person or establishment that provides
14-19 lodging for pay and that the comptroller determines to have a
14-20 sufficient number of the characteristics of a commercial lodging
14-21 establishment for purposes of this chapter.
14-22 (6) "Commercial transportation company" means a person
14-23 that offers to the public to transport people or goods for pay.
14-24 (7) "Disability" means a physical or mental impairment
14-25 of an individual that substantially limits at least one of the
14-26 individual's major life activities.
14-27 (8) "Duty point" means the destination, other than a
15-1 place of employment, to which a state employee or a member of the
15-2 legislature travels to conduct official state business. If the
15-3 destination is outside the employee's or member's designated
15-4 headquarters, the duty point is:
15-5 (A) the municipality in which the destination is
15-6 located; or
15-7 (B) the area within a five-mile radius of the
15-8 destination if the destination is located in an unincorporated
15-9 area.
15-10 (9) "Incidental expense" means an expense incurred
15-11 while traveling on official state business. The term includes a
15-12 mandatory insurance or service charge and an applicable tax except
15-13 a tax on meals. The term does not include:
15-14 (A) a meal, lodging, or transportation expense;
15-15 (B) a personal expense;
15-16 (C) an expense that a person would have incurred
15-17 regardless of whether the person was traveling on official state
15-18 business; or
15-19 (D) a tip or gratuity.
15-20 (10) "Institutional funds" means money described as
15-21 institutional funds by Section 51.009, Education Code.
15-22 (11) "Institution of higher education" has the meaning
15-23 assigned by Section 61.003, Education Code.
15-24 (12) "Key official" means a chief administrator of a
15-25 state agency or a person holding a position that has been
15-26 designated as exempt from the position classification plan in
15-27 accordance with the General Appropriations Act or by the governor
16-1 under Chapter 654.
16-2 (13) "Lease" means a contract with a term of at least
16-3 one month that gives the lessee possession and use of property or
16-4 equipment while the lessor retains ownership of that property or
16-5 equipment.
16-6 (14) "Place of employment" means the office or other
16-7 location at which a state employee or a member of the legislature
16-8 most frequently conducts official state business.
16-9 (15) "Prospective state employee" means an individual
16-10 a state agency considers for employment with the agency. The term
16-11 includes a state employee of a state agency who is considered for
16-12 employment by another state agency.
16-13 (16) "Rented or public conveyance" means a motor
16-14 vehicle, train, aircraft, boat, or bicycle that a state employee or
16-15 a member of the legislature rents or pays a fare to use on a
16-16 short-term basis.
16-17 (17) "State agency" means a unit of state government
16-18 that uses appropriated money to pay or reimburse a travel expense
16-19 of a state employee or a member of the legislature.
16-20 (18) "State employee" means a person employed by a
16-21 state agency. The term includes a key official unless this chapter
16-22 specifically provides otherwise.
16-23 (19) "Travel expense" means a meal, lodging,
16-24 transportation, or incidental expense.
16-25 (20) "Unit of state government" includes an
16-26 institution of higher education.
16-27 [(2) "Per diem allowance" means a flat daily rate that
17-1 is paid instead of actual expenses for meals and lodging and is
17-2 compensation for official travel purposes only.]
17-3 SECTION 13. Subchapter A, Chapter 660, Government Code, is
17-4 amended by adding Section 660.0021 to read as follows:
17-5 Sec. 660.0021. DESIGNATED HEADQUARTERS. (a) The designated
17-6 headquarters of a state employee or a member of the legislature is:
17-7 (1) the area within the boundaries of the municipality
17-8 in which the employee's or member's place of employment is located;
17-9 or
17-10 (2) the area within a five-mile radius of the place of
17-11 employment, if the place of employment is located within an
17-12 unincorporated area.
17-13 (b) If a municipality or an unincorporated area is
17-14 completely surrounded by the municipality in which the place of
17-15 employment of a state employee or a member of the legislature is
17-16 located, the employee's or member's designated headquarters
17-17 includes the surrounded municipality or area.
17-18 SECTION 14. Section 660.003, Government Code, is amended to
17-19 read as follows:
17-20 Sec. 660.003. APPLICABILITY. (a) This chapter, the General
17-21 Appropriations Act, and the rules adopted by the comptroller under
17-22 this chapter govern the procedures, amounts, timing, limits,
17-23 required documentation, permissible payees, distinctions between
17-24 different types of state employees, and all other details
17-25 concerning travel expense payments or reimbursements by a state
17-26 agency.
17-27 (b) Except as provided by Subsection (c), this chapter and
18-1 the travel provisions of the General Appropriations Act apply to a
18-2 travel expense only to the extent that appropriated money is used
18-3 to pay or reimburse the expense.
18-4 (c) A law outside this chapter that states that this
18-5 chapter, the travel provisions of the General Appropriations Act,
18-6 or both, apply to a travel expense prevails over anything to the
18-7 contrary in this chapter.
18-8 (d) A state agency may pay or reimburse a travel expense
18-9 only if [applies to]:
18-10 (1) the expense is reasonable and necessary [a state
18-11 officer];
18-12 (2) the purpose of the travel clearly involves
18-13 official state business and is consistent with the agency's legal
18-14 authority [a chief administrator of a state agency]; and
18-15 (3) the expense and the travel during which the
18-16 expense is incurred comply with:
18-17 (A) this chapter;
18-18 (B) the rules adopted by the comptroller under
18-19 this chapter; and
18-20 (C) the General Appropriations Act [a state
18-21 employee; and]
18-22 [(4) a prospective state employee who incurs expenses
18-23 when requested to visit a state agency, department, or institution
18-24 of higher education for an employment interview and evaluation].
18-25 (e) A travel expense may be paid or reimbursed in accordance
18-26 with the requirements of an applicable federal law or regulation,
18-27 and this chapter does not apply to the extent necessary to avoid
19-1 conflict with an applicable federal law or regulation.
19-2 SECTION 15. Section 660.004, Government Code, is amended to
19-3 read as follows:
19-4 Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED [INCURRED]
19-5 BY [OFFICIALS OR EMPLOYEES OF] INSTITUTIONS OF HIGHER EDUCATION.
19-6 (a) This chapter does not apply to a [reimbursement for] travel
19-7 expense_to the extent an institution of higher education pays or
19-8 reimburses the expense from institutional funds [expenses:]
19-9 [(1) incurred by an official or employee of the
19-10 athletic department of an institution of higher education;]
19-11 [(2) to an official or employee of an institution of
19-12 higher education from a gift or bequest; or]
19-13 [(3) of an official or employee of an institution of
19-14 higher education if the expenses are paid or reimbursed to the
19-15 institution under a contract between the institution and the
19-16 federal government or another contracting agency].
19-17 (b) The governing board of an [each] institution of higher
19-18 education shall adopt [necessary] rules as necessary to administer
19-19 and control travel expense payments and reimbursements that are
19-20 exempt from this chapter under Subsection (a) [for the
19-21 administration and control of travel by an official or employee
19-22 exempted by this section].
19-23 SECTION 16. Subchapter A, Chapter 660, Government Code, is
19-24 amended by adding Sections 660.006-660.013 to read as follows:
19-25 Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
19-26 state agency that provides advance authorization to a prospective
19-27 state employee to visit the agency for an interview or other
20-1 employment evaluation may:
20-2 (1) reimburse the prospective state employee for a
20-3 travel expense incurred as a result of visiting the agency; or
20-4 (2) pay a vendor for a travel expense incurred by the
20-5 prospective state employee as a result of visiting the agency.
20-6 (b) A state agency shall treat a prospective state employee
20-7 as a state employee for the purposes of reimbursing or paying a
20-8 travel expense of the prospective state employee.
20-9 Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency
20-10 shall minimize the amount of travel expenses paid or reimbursed by
20-11 the agency. The agency shall ensure that each travel arrangement
20-12 is the most cost-effective considering all relevant circumstances.
20-13 (b) A state agency may specify a travel expense payment or
20-14 reimbursement rate that is less than the maximum rate specified in
20-15 this chapter or the General Appropriations Act. The lower rate
20-16 applies only to a travel expense incurred after the agency has
20-17 notified the affected individuals in writing about the rate. The
20-18 agency is solely responsible for enforcing the rate.
20-19 Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A
20-20 state agency may pay or reimburse a state employee for a travel
20-21 expense the employee incurs while using personal or compensatory
20-22 leave if:
20-23 (1) the leave is used while the employee is away from
20-24 the employee's designated headquarters;
20-25 (2) the primary purpose of the employee's being away
20-26 is to conduct official state business; and
20-27 (3) the agency determines that returning the employee
21-1 to the employee's designated headquarters while using the leave
21-2 would not be cost-effective or would be impracticable.
21-3 Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.
21-4 A state agency may pay or reimburse a state employee or a member of
21-5 the legislature for a travel expense the employee or member incurs
21-6 as a result of attempting to conduct official state business if:
21-7 (1) the employee or member is unable to conduct the
21-8 business because of a natural disaster or other natural occurrence;
21-9 and
21-10 (2) the expense would be payable or reimbursable had
21-11 the official state business been conducted.
21-12 Sec. 660.010. RETURNING TO DESIGNATED HEADQUARTERS;
21-13 TRAVELING TO DUTY POINT. (a) A state agency that requires a state
21-14 employee on personal or compensatory leave to return to the
21-15 employee's designated headquarters from another location may pay or
21-16 reimburse the employee for a travel expense incurred by the
21-17 employee while traveling to the headquarters. The agency may pay
21-18 or reimburse a travel expense incurred by the employee while
21-19 traveling back to the location at which the employee was staying
21-20 while on leave or, when appropriate, to the proper location on the
21-21 employee's itinerary, if the employee resumes the leave.
21-22 (b) A state agency that requires a state employee on
21-23 personal or compensatory leave at a location outside the employee's
21-24 designated headquarters to travel to a duty point may pay or
21-25 reimburse the employee for a travel expense incurred by the
21-26 employee while traveling to the duty point. The agency may pay or
21-27 reimburse a travel expense incurred by the employee while traveling
22-1 back to the location at which the employee was staying while on
22-2 leave or, when appropriate, to the proper location on the
22-3 employee's itinerary, if the employee resumes the leave.
22-4 (c) A state agency may pay or reimburse a state employee or
22-5 a member of the legislature for a travel expense incurred when the
22-6 employee or member returns, before official state business is
22-7 completed, from a duty point to the employee's or member's
22-8 designated headquarters because of an illness or a personal
22-9 emergency.
22-10 Sec. 660.011. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER
22-11 AGENCIES. A state agency may pay or reimburse a travel expense
22-12 incurred by another state agency's employee if the employee
22-13 incurred the expense while providing services to the paying or
22-14 reimbursing agency.
22-15 Sec. 660.012. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL
22-16 AGENTS. (a) If a state agency may directly pay a commercial
22-17 lodging establishment or a commercial transportation company under
22-18 this chapter, the agency may instead pay a credit card issuer or a
22-19 travel agency for the lodging or transportation.
22-20 (b) The documentation required for direct payment to a
22-21 commercial lodging establishment or commercial transportation
22-22 company is also required for payment to a credit card issuer or a
22-23 travel agency.
22-24 Sec. 660.013. CANCELLATION CHARGES. A state agency may pay
22-25 or reimburse a state employee or a member of the legislature for a
22-26 cancellation charge if:
22-27 (1) the charge is incurred for a reason related to
23-1 official state business or to official state business that could
23-2 not be conducted because of a natural disaster or other natural
23-3 occurrence; or
23-4 (2) the charge is:
23-5 (A) related to a transportation expense that was
23-6 paid in advance to obtain lower rates; and
23-7 (B) incurred because the employee or member who
23-8 was to use the transportation cannot do so because of an illness or
23-9 a personal emergency.
23-10 SECTION 17. Sections 660.047, 660.048, and 660.049,
23-11 Government Code, are transferred to Subchapter A, Chapter 660,
23-12 Government Code, redesignated as Sections 660.014, 660.015, and
23-13 660.016, Government Code, and amended to read as follows:
23-14 Sec. 660.014 [660.047]. PROHIBITION AGAINST ACCEPTING MONEY
23-15 OR TRAVEL EXPENSE REIMBURSEMENTS [APPLICABLE TO ACCEPTANCE OF
23-16 MONEY] FROM CERTAIN PERSONS. (a) Unless authorized by law, a [A]
23-17 state [officer or] employee or member of the legislature [who is
23-18 traveling to perform an official duty] may not accept money for
23-19 wages or for a travel expense reimbursement [expenses] from a
23-20 person that the state intends to audit, examine, or investigate or
23-21 [who] is auditing, examining, or investigating [or who may be
23-22 audited, examined, inspected, or investigated by the state].
23-23 (b) A state [officer or] employee or member of the
23-24 legislature who violates Subsection (a) forfeits the money or
23-25 travel expense reimbursement to the state [is traveling to perform
23-26 an official duty may receive travel expenses only from amounts
23-27 appropriated by the General Appropriations Act].
24-1 (c) Subsections (a) and (b) are in addition to any other
24-2 prohibitions, penalties, and forfeitures imposed or required by
24-3 other law. [The comptroller may not pay the salary of a state
24-4 employee who violates this section.]
24-5 Sec. 660.015 [660.048]. EXCESS REIMBURSEMENTS [OVERPAYMENT].
24-6 A state [officer or] employee or member of the legislature who
24-7 receives a reimbursement of [an overpayment for] a travel expense
24-8 that exceeds the amount the employee or member may receive under
24-9 this chapter or [from money appropriated by] the General
24-10 Appropriations Act shall immediately return the amount of the
24-11 excess [reimburse the state for the overpayment].
24-12 Sec. 660.016 [660.049]. MULTIPLE ADVANCES OR REIMBURSEMENTS
24-13 FOR [PROHIBITION APPLICABLE TO] TRAVEL EXPENSE [COMPENSATION BY
24-14 OTHER PERSONS]. [(a)] A state [officer or] employee or member of
24-15 the legislature may not accept a reimbursement or advance for a
24-16 travel expense from more than one source [receive a double travel
24-17 expense payment].
24-18 [(b)] A state employee or member of the legislature who
24-19 anticipates receiving or actually receives a reimbursement or
24-20 advance for a [is to be compensated for] travel expense [expenses]
24-21 from a person other than a state agency may [not] seek an advance
24-22 [payment] or [receive a] reimbursement for the expense [travel]
24-23 from a state agency only to the extent that the amount of the
24-24 person's advance or reimbursement from the other source is less
24-25 than the amount of the total expense incurred [money authorized by
24-26 the General Appropriations Act].
24-27 SECTION 18. Section 660.021, Government Code, is amended to
25-1 read as follows:
25-2 Sec. 660.021. Rules. The comptroller shall adopt rules for
25-3 the effective and efficient administration [to administer the
25-4 travel regulations] of this chapter and the travel provisions of
25-5 the General Appropriations Act.
25-6 SECTION 19. Section 660.024, Government Code, is amended to
25-7 read as follows:
25-8 Sec. 660.024. Advance Approval for Certain International
25-9 Travel. (a) A state agency may not pay or reimburse a [Travel
25-10 related to official state business for which a reimbursement for]
25-11 travel expense incurred by a state employee that is related to
25-12 travel to, in, or from a foreign nation unless [expenses is claimed
25-13 or for which an advance for travel expenses to be incurred is
25-14 sought must have the advance written approval of] the governor
25-15 provides written approval of the travel before it begins. The
25-16 governor may condition the governor's approval on the employee's
25-17 not incurring travel expenses above a specified amount.
25-18 (b) Subsection (a) applies to a travel expense only if it is
25-19 incurred while traveling to, in, or from a destination that is not
25-20 in [does not apply to travel]:
25-21 (1) the United States [in this state]; [or]
25-22 (2) a possession of the United States;
25-23 (3) [to, in, and from another state,] Mexico;[,] or
25-24 (4) Canada.
25-25 (c) The governor may give general approval [blanket
25-26 authority] for international travel by:
25-27 (1) personnel of the International Trade Development
26-1 Division of the Texas Department of Commerce; and
26-2 (2) law enforcement personnel of the Department of
26-3 Public Safety.
26-4 (d) If the governor's approval is required by this section,
26-5 the comptroller may require proof of that approval.
26-6 (e) The governor may designate an employee of the governor's
26-7 office to provide the approvals required by this section.
26-8 SECTION 20. Section 660.025, Government Code, is amended to
26-9 read as follows:
26-10 Sec. 660.025. Advance Payment Procedure. (a) The
26-11 comptroller by rule shall establish a procedure by which travel
26-12 expense money may be advanced to a state [officer or] employee or a
26-13 member of the legislature [may receive an advance payment for
26-14 projected travel expenses for a particular exercise of official
26-15 duty]. The procedures must be consistent with the requirements of
26-16 Section 403.248.
26-17 (b) Money may not be advanced to a state employee or a
26-18 member of the legislature for a travel expense unless the expense
26-19 is payable or reimbursable under this chapter, the travel
26-20 provisions of the General Appropriations Act, and the rules adopted
26-21 by the comptroller under this chapter. [The comptroller shall
26-22 require a final accounting after actual travel expense has been
26-23 determined to provide for any necessary reimbursement or adjustment
26-24 to reconcile an advance and the actual expense incurred.]
26-25 SECTION 21. Sections 660.041 and 660.042, Government Code,
26-26 are transferred to Subchapter B, Chapter 660, Government Code,
26-27 redesignated as Sections 660.027 and 660.028, Government Code, and
27-1 amended to read as follows:
27-2 Sec. 660.027 [660.041]. VOUCHERS [TRAVEL EXPENSE FORM].
27-3 (a) The comptroller may issue a warrant or initiate an electronic
27-4 funds transfer to pay or reimburse a travel expense only if a state
27-5 agency submits to the comptroller a voucher that requests the
27-6 payment or reimbursement.
27-7 (b) A voucher submitted under Subsection (a) is valid only
27-8 if:
27-9 (1) the state agency submitting the voucher approves
27-10 it according to Chapter 2103 and, if required by law, certifies the
27-11 voucher; and
27-12 (2) the state employee or the member of the
27-13 legislature who incurred the travel expense or, if the employee or
27-14 member is unavailable, another individual acceptable to the
27-15 comptroller approves the voucher in writing or electronically.
27-16 (c) A voucher must be submitted in the manner required and
27-17 on the form adopted by the comptroller. The comptroller may
27-18 require the voucher to be submitted electronically as authorized by
27-19 Chapter 2103.
27-20 (d) A voucher must describe the official state business
27-21 performed and be accompanied by the information the comptroller
27-22 needs to determine compliance with this chapter, the rules adopted
27-23 by the comptroller under this chapter, and the General
27-24 Appropriations Act.
27-25 (e) The comptroller may require a state agency to provide
27-26 the information required by Subsection (d):
27-27 (1) on the form adopted by the comptroller under
28-1 Subsection (c);
28-2 (2) by submitting information, receipts, and other
28-3 documentation; or
28-4 (3) by a combination of the methods provided by
28-5 Subdivisions (1) and (2) [shall prescribe the form on which a
28-6 travel expense is to be submitted].
28-7 Sec. 660.028 [660.042]. AUDITS [USE OF TRAVEL EXPENSE FORM].
28-8 (a) The comptroller shall audit a voucher either before or after
28-9 the comptroller issues a warrant or initiates an electronic funds
28-10 transfer in response to the voucher. The audit must be conducted
28-11 according to Sections 403.011(12), 403.071, and 403.079. [A state
28-12 agency shall use the standard travel expense form prescribed by the
28-13 comptroller in preparing an expense account for a traveling state
28-14 employee.]
28-15 (b) This subsection applies only if the comptroller audits a
28-16 state agency's voucher after the comptroller issues a warrant or
28-17 initiates an electronic funds transfer in response to the voucher.
28-18 The comptroller may require the agency to maintain in its files the
28-19 information, receipts, and other documentation that relate to the
28-20 voucher until the comptroller audits the voucher.
28-21 (c) This subsection applies only to a state agency that pays
28-22 or reimburses a travel expense without first submitting a voucher
28-23 to the comptroller. The comptroller may audit the payment or
28-24 reimbursement for compliance with this chapter and the travel
28-25 provisions of the General Appropriations Act. The comptroller may
28-26 report the results of the audit to the governor, the lieutenant
28-27 governor, the speaker of the house of representatives, the state
29-1 auditor, and the Legislative Budget Board. The agency shall
29-2 cooperate with the comptroller and make available the information,
29-3 receipts, and other documentation required by the comptroller at
29-4 the time and in the manner required by the comptroller.
29-5 (d) The comptroller may require a state agency to maintain
29-6 in its files for the period required by the comptroller the
29-7 information, receipts, and other documentation about a travel
29-8 expense payment or reimbursement. [The travel expense form must
29-9 state:]
29-10 [(1) the point of origin and the point of destination
29-11 for each trip;]
29-12 [(2) the reimbursable mileage, including intracity
29-13 mileage, that is traveled or projected between each point;]
29-14 [(3) the time that the employee is away or plans to be
29-15 away from designated headquarters for which the employee is or will
29-16 be entitled to travel expenses; and]
29-17 [(4) briefly and clearly the purpose of the trip and
29-18 the character of official business performed or to be performed.]
29-19 SECTION 22. Subchapter B, Chapter 660, Government Code, is
29-20 amended by adding Section 660.029 to read as follows:
29-21 Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) A state
29-22 agency shall instruct its state employees about the provisions of
29-23 this chapter, the travel provisions of the General Appropriations
29-24 Act, and the rules adopted by the comptroller under this chapter.
29-25 (b) A state agency's failure or inability to instruct a
29-26 state employee as required by Subsection (a) does not excuse or
29-27 justify the employee's failure to comply with applicable laws or
30-1 rules.
30-2 SECTION 23. The subchapter heading of Subchapter C, Chapter
30-3 660, Government Code, is amended to read as follows:
30-4 SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE
30-5 [TRAVEL EXPENSES]
30-6 SECTION 24. Subchapter C, Chapter 660, Government Code, is
30-7 amended by adding Sections 660.0411 and 660.0412 to read as
30-8 follows:
30-9 Sec. 660.0411. REIMBURSEMENT REQUIREMENT. (a) A state
30-10 employee is entitled to be reimbursed as provided by this
30-11 subchapter for the employee's use of a personally owned or leased
30-12 motor vehicle in the conduct of state business.
30-13 (b) A state employee may not be reimbursed under this
30-14 subchapter for an expense other than mileage, tolls, and parking.
30-15 Sec. 660.0412. AMOUNT OF REIMBURSEMENT. A mileage
30-16 reimbursement may not exceed the product of:
30-17 (1) the applicable mileage reimbursement rate as
30-18 established by the legislature in the General Appropriations Act;
30-19 and
30-20 (2) the miles traveled as limited by this subchapter.
30-21 SECTION 25. Section 660.052, Government Code, is amended to
30-22 read as follows:
30-23 Sec. 660.052. DETERMINATION OF REIMBURSABLE MILEAGE [FOR
30-24 TRAVEL BY PRIVATELY OWNED CONVEYANCE]. (a) The miles traveled
30-25 that are eligible for reimbursement under this subchapter may not
30-26 exceed the lowest mileage between the origin and the final duty
30-27 point unless the chief administrator of the state agency or a
31-1 designee of the chief administrator certifies on the voucher that
31-2 there is a compelling necessity for deviation from the lowest
31-3 mileage in order to make the travel more cost-effective. In each
31-4 authorized deviation, the chief administrator of the state agency
31-5 or a designee of the chief administrator shall include in the
31-6 certification the reason or reasons for the deviation and shall
31-7 certify to the actual mileage approved for reimbursement. A copy
31-8 of each authorized deviation shall be filed promptly with the
31-9 Legislative Budget Board.
31-10 (b) If a state employee conducts official state business at
31-11 duty points between the origin and the final duty point, the lowest
31-12 mileage must be determined by including the business conducted at
31-13 the intermediate duty points. Farm-to-market and ranch-to-market
31-14 roads must be considered when determining the lowest mileage
31-15 between points in this state.
31-16 (c) The comptroller shall adopt a mileage guide that is
31-17 reissued periodically. The guide may include a chart of distances
31-18 showing the lowest mileage between points and maps from which the
31-19 shortest distance can be determined from any point to any other
31-20 point by using both farm-to-market and ranch-to-market roads
31-21 [comptroller shall determine mileage for the purpose of a
31-22 reimbursement or advance payment for travel by a privately owned
31-23 conveyance by:]
31-24 [(1) computing the shortest highway distance between
31-25 the point of origin and the destination using intermediate points
31-26 at which official state business is conducted; and]
31-27 [(2) adding other necessary mileage at points at which
32-1 official state business is conducted].
32-2 SECTION 26. Section 660.055, Government Code, is amended to
32-3 read as follows:
32-4 Sec. 660.055. MULTIPLE USE OF SINGLE MOTOR VEHICLE
32-5 [PRIVATELY OWNED CAR]. (a) If two, three, or four state [officers
32-6 or] employees who are employed by the same state agency travel on
32-7 the same itinerary, dates, and official state business [in a
32-8 privately owned car], only one of those employees may be reimbursed
32-9 [reimbursement or advance payment] for [the car's] mileage [may be
32-10 claimed and allowed].
32-11 (b) [The comptroller shall consider the travel claims of the
32-12 officers and employees as multiple claims and may pay only one
32-13 claim to the extent of mileage claimed.]
32-14 [(c)] If more than four state employees who are employed by
32-15 the same state agency travel on the same itinerary, dates, and
32-16 official state business [in more than one car], a state agency may
32-17 reimburse for [full] mileage only on the basis of [is allowed for]
32-18 one motor vehicle [car] for each four employees and for any
32-19 fraction in excess of a multiple of four employees.
32-20 (c) Subsections (a) and (b) do not apply to a group of state
32-21 employees if the chief administrative officer of the state agency
32-22 that employs the employees determines before travel that [(d) A
32-23 state officer or employee must obtain the advance approval of the
32-24 chief administrator of the officer's or employee's state agency if]
32-25 it is not feasible for the employees [officer or employee] to
32-26 travel together in the same motor vehicle [car]. This
32-27 determination may be made only for reasons related to official
33-1 state business. [Approval under this subsection authorizes
33-2 reimbursement or advance payment for travel by the officer or
33-3 employee using the officer's or employee's privately owned car.]
33-4 [(e) This section applies only to state officers or
33-5 employees who:]
33-6 [(1) are employed by the same state agency;]
33-7 [(2) are required to travel on the same official state
33-8 business;]
33-9 [(3) have the same itinerary; and]
33-10 [(4) travel on the same dates.]
33-11 SECTION 27. Chapter 660, Government Code, is amended by
33-12 adding Subchapter D to read as follows:
33-13 SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT
33-14 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
33-15 key official, member of a board, or member of the legislature is
33-16 entitled to be reimbursed as provided by this subchapter for use of
33-17 an aircraft owned or leased by the employee, official, or member in
33-18 the conduct of state business.
33-19 Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement
33-20 under this subchapter may not exceed the product of:
33-21 (1) the aircraft mileage reimbursement rate
33-22 established in the General Appropriations Act; and
33-23 (2) the highway mileage between the designated
33-24 headquarters and duty point of the state employee, key official,
33-25 member of a board, or member of the legislature.
33-26 Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The
33-27 General Appropriations Act may establish different aircraft mileage
34-1 rates:
34-2 (1) for travel in:
34-3 (A) a single-engine aircraft;
34-4 (B) a twin-engine aircraft; and
34-5 (C) a turbine-powered aircraft; and
34-6 (2) for travel by:
34-7 (A) a state employee;
34-8 (B) a key official;
34-9 (C) a member of a board; and
34-10 (D) a member of the legislature.
34-11 Sec. 660.074. GROUP TRAVEL. (a) This subsection applies
34-12 only to a key official, member of a board, or member of the
34-13 legislature who travels with another official or member in an
34-14 aircraft owned or leased by the other official or member. The
34-15 official or member flying with the owner or lessee of the aircraft
34-16 is entitled to an amount equal to the amount that would have been
34-17 paid or reimbursed had the official or member paid the average
34-18 economy or coach airfare.
34-19 (b) The comptroller shall adopt procedures under which
34-20 reimbursements to key officials, members of boards, and members of
34-21 the legislature under Section 660.071 and Subsection (a) may be
34-22 aggregated into a single payment and paid either to the individual
34-23 owning or leasing the aircraft or to a vendor providing a leased
34-24 aircraft. The aggregate reimbursement may not exceed the actual
34-25 expense of the trip.
34-26 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
34-27 official, member of a board, or member of the legislature is
35-1 entitled to reimbursement under this subchapter for use of an
35-2 aircraft leased from a proprietorship, partnership, or corporation
35-3 in which the official or member has an interest.
35-4 SECTION 28. Chapter 660, Government Code, is amended by
35-5 adding Subchapter E to read as follows:
35-6 SUBCHAPTER E. TRANSPORTATION BY RENTED OR
35-7 PUBLIC CONVEYANCE
35-8 Sec. 660.091. GENERAL PROVISION. A state agency shall pay
35-9 as provided by this subchapter the expense of transporting a state
35-10 employee by rented or public conveyance in the course of conducting
35-11 state business.
35-12 Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A
35-13 state agency may pay an expense under this subchapter by:
35-14 (1) reimbursing the employee as provided by Subsection
35-15 (b);
35-16 (2) directly paying the expense as provided by
35-17 Subsection (c); or
35-18 (3) directly paying the expense in advance of travel
35-19 as provided by Subsection (d).
35-20 (b) If a state agency reimburses a state employee, on
35-21 request the agency shall submit to the comptroller in the manner
35-22 required by the comptroller receipts that are acceptable to the
35-23 comptroller. A state agency is not required to submit receipts for
35-24 mass transit, taxi, or limousine fares.
35-25 (c) A state agency may request a commercial transportation
35-26 company to furnish transportation to the agency's state employees
35-27 and to bill the agency monthly for that transportation. The
36-1 company shall list on its invoices to the agency the points of
36-2 origin and destination for each trip and the taxes charged. The
36-3 agency shall submit those invoices to the comptroller on request
36-4 and in the manner required by the comptroller.
36-5 (d) A state agency may directly pay a commercial
36-6 transportation company before the travel of a state employee if the
36-7 payment would result in a lower transportation expense. The
36-8 comptroller may adopt rules that authorize advance payments in
36-9 other circumstances.
36-10 (e) If a reimbursement to a state employee for a
36-11 transportation expense would not be authorized, a direct payment to
36-12 a commercial transportation company for the expense is prohibited.
36-13 Sec. 660.093. USING OTHER THAN COMMERCIAL TRANSPORTATION
36-14 COMPANIES. A state agency may not pay or reimburse the expense of
36-15 transporting a state employee by rented or public conveyance if the
36-16 transportation is provided by a person who is not a commercial
36-17 transportation company.
36-18 Sec. 660.094. COMMERCIAL AIR TRANSPORTATION. The amount
36-19 that a state agency pays or reimburses for a state employee to
36-20 travel between points by a commercial airline may not exceed the
36-21 lowest rate available. First class airfare may be paid or
36-22 reimbursed only if it is the only available airfare. Business
36-23 class airfare may be paid or reimbursed only if a lower airfare is
36-24 not available.
36-25 SECTION 29. Chapter 660, Government Code, is amended by
36-26 adding Subchapter F to read as follows:
37-1 SUBCHAPTER F. MEALS, LODGING, AND INCIDENTAL EXPENSES
37-2 Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state agency
37-3 shall reimburse a state employee as provided by this subchapter for
37-4 a meal, lodging, or incidental expense incurred by the employee in
37-5 the conduct of state business.
37-6 Sec. 660.112. AMOUNT OF REIMBURSEMENT. The amount a state
37-7 agency reimburses a state employee:
37-8 (1) for meal expenses incurred each day may not exceed
37-9 the limit established by the General Appropriations Act;
37-10 (2) for lodging expenses incurred each day for each
37-11 location may not exceed the limit established by the General
37-12 Appropriations Act; and
37-13 (3) for incidental expenses may not exceed the amount
37-14 of expenses actually incurred.
37-15 Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state
37-16 agency may not reimburse a state employee for a lodging expense
37-17 incurred at a place that is not a commercial lodging establishment.
37-18 (b) A state agency may not reimburse a state employee for a
37-19 meal or lodging expense the employee incurs while traveling:
37-20 (1) outside the employee's designated headquarters for
37-21 less than six consecutive hours unless the employee is a chief
37-22 administrator of a state agency or the General Appropriations Act
37-23 authorizes the reimbursement; or
37-24 (2) within the employee's designated headquarters
37-25 except as provided by Subsection (c).
37-26 (c) A state agency may reimburse a state employee for a meal
37-27 expense incurred within the employee's designated headquarters if:
38-1 (1) the expense is mandatory; and
38-2 (2) the expense is connected with training, a seminar,
38-3 or a conference.
38-4 (d) A state agency may reimburse a state employee for a meal
38-5 expense incurred while traveling without an overnight stay away
38-6 from the employee's designated headquarters only if the chief
38-7 administrator of the agency authorizes the reimbursement.
38-8 (e) A state agency may not reimburse a state employee for
38-9 the purchase of an alcoholic beverage, unless the employee is a
38-10 peace officer who purchased the beverage as a purchase of evidence
38-11 in an administrative or criminal case.
38-12 Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING
38-13 ESTABLISHMENTS. (a) Instead of reimbursing a state employee for a
38-14 lodging expense, a state agency may request a commercial lodging
38-15 establishment to bill the agency directly for the expense. A state
38-16 agency on request shall submit to the comptroller in the manner
38-17 required by the comptroller information, receipts, and other
38-18 documentation about the expense that are acceptable to the
38-19 comptroller.
38-20 (b) If a reimbursement to a state employee for a lodging
38-21 expense would not be authorized, a direct payment to a commercial
38-22 lodging establishment for the expense is prohibited.
38-23 Sec. 660.115. RECEIPTS. (a) Except as provided by
38-24 Subsections (b) and (c), a state employee who requests
38-25 reimbursement of a lodging expense must submit to the comptroller a
38-26 receipt acceptable to the comptroller. The state employee shall
38-27 submit the receipt at the time and in the manner required by the
39-1 comptroller.
39-2 (b) A chief administrator of a state agency who is not a
39-3 member of a board is not required to submit a lodging receipt to
39-4 the comptroller.
39-5 (c) A member of a board is not required to submit a lodging
39-6 receipt to the comptroller if:
39-7 (1) the member is elected to the board by vote of the
39-8 people; or
39-9 (2) the member serves on the board full-time and is
39-10 paid a salary for that service.
39-11 Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A
39-12 state employee is entitled to be reimbursed for a state, county, or
39-13 local hotel occupancy tax or any similar tax imposed by a law of
39-14 this state, another state, or a foreign country.
39-15 (b) A state employee is entitled to be reimbursed for a
39-16 hotel occupancy or similar tax from which the employee is legally
39-17 exempt only if the employee properly claims the exemption and the
39-18 commercial lodging establishment refuses to honor the exemption.
39-19 (c) If a state agency directly pays a commercial lodging
39-20 establishment under Section 660.114, the agency may directly pay a
39-21 hotel occupancy or similar tax to the establishment.
39-22 Sec. 660.117. APARTMENT OR HOUSE RENTAL EXPENSES. An
39-23 apartment or house rental expense may be reimbursed or paid only
39-24 if:
39-25 (1) the purpose of the rental is the conservation of
39-26 money; and
39-27 (2) the reimbursement or payment and the rental comply
40-1 with the comptroller's rules.
40-2 Sec. 660.118. INCIDENTAL EXPENSES. A state agency may
40-3 reimburse a state employee for an incidental expense incurred by
40-4 the employee only according to rules adopted by the comptroller.
40-5 SECTION 30. Chapter 660, Government Code, is amended by
40-6 adding Subchapter G to read as follows:
40-7 SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS
40-8 Sec. 660.141. TRAVEL BY MEMBERS OF THE LEGISLATURE. (a) At
40-9 the discretion of each house of the legislature, a member of the
40-10 legislature is entitled to receive:
40-11 (1) an amount equal to the maximum per diem rate in
40-12 the federal travel regulations for the location at which expenses
40-13 are incurred; or
40-14 (2) reimbursement of the actual amount of meals,
40-15 lodging, and incidental expenses incurred.
40-16 (b) Subsection (a) applies to a meal, lodging, or incidental
40-17 expense that a member of the legislature incurs while serving on a
40-18 board.
40-19 (c) If a member of the legislature incurs an expense in a
40-20 location for which the federal travel regulations have not
40-21 specifically established a maximum per diem rate, the rate is equal
40-22 to the lowest maximum per diem rate for the state, territory,
40-23 possession, or country in which the expense is incurred.
40-24 (d) Except as provided by this subsection, Subchapters C, E,
40-25 and F apply to travel by a member of the legislature in the same
40-26 way that they apply to travel by a state employee. Reimbursement
40-27 to a member of the legislature under those subchapters may be made
41-1 regardless of whether the travel includes travel to or from Austin.
41-2 The subchapters do not apply to travel by a member of the
41-3 legislature to the extent they are inconsistent with this section.
41-4 Sections 660.055, 660.113(b)(1) and (d), and 660.115 do not apply
41-5 to travel by a member of the legislature.
41-6 (e) During a session of the legislature, a member of the
41-7 legislature is entitled to be reimbursed for either a
41-8 transportation expense on the same basis as is provided for state
41-9 employees or mileage on the same basis as is provided for state
41-10 employees.
41-11 Sec. 660.142. TRAVEL BY CERTAIN OFFICIALS. A judicial
41-12 officer, a chief administrative officer of a state agency other
41-13 than a member of a board, the executive director of the Texas
41-14 Legislative Council, and the secretary of the senate are entitled
41-15 to reimbursement for actual meals and lodging expenses incurred
41-16 while performing the duties of the person's office or employment.
41-17 The governor's spouse is entitled to reimbursement for actual
41-18 expenses for meals, lodging, and transportation incurred while
41-19 performing the duties of the office at the direction of the
41-20 governor.
41-21 Sec. 660.143. BOARD MEMBERS. This chapter applies to a
41-22 payment or reimbursement of a travel expense incurred by a member
41-23 of a board only if Subchapter C, Chapter 659, or other applicable
41-24 law authorizes the payment or reimbursement.
41-25 Sec. 660.144. TRAVEL BY PERSONS WITH DISABILITIES.
41-26 (a) Notwithstanding any other provision of this chapter, a state
41-27 agency may reimburse a state employee or a member of the
42-1 legislature with a disability for attendant care and other
42-2 necessary expenses incurred when the employee or member travels
42-3 inside or outside the employee's or member's designated
42-4 headquarters. However, an expense incurred when traveling between
42-5 a residence and a place of employment may be reimbursed only as
42-6 provided by law for state employees without disabilities.
42-7 (b) If airfare is medically necessary, a state agency may
42-8 reimburse a state employee or a member of the legislature with a
42-9 disability for the first or business class airfare of:
42-10 (1) the employee or member; and
42-11 (2) the attendant of the employee or member.
42-12 (c) Instead of reimbursing a state employee or a member of
42-13 the legislature for attendant care and other necessary expenses, a
42-14 state agency may:
42-15 (1) reimburse the attendant for those expenses; or
42-16 (2) pay the expenses directly to a commercial
42-17 transportation company if the expenses are for transportation or to
42-18 a commercial lodging establishment if the expenses are for lodging.
42-19 (d) If this chapter, the travel provisions of the General
42-20 Appropriations Act, or a rule adopted by the comptroller under this
42-21 chapter conflicts with a requirement of the Americans with
42-22 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a
42-23 federal regulation adopted under that Act, or another applicable
42-24 federal law or regulation, the federal law or regulation controls
42-25 to the extent of the conflict.
42-26 Sec. 660.145. DEATH OF STATE EMPLOYEES. A state agency may
42-27 pay or reimburse the expense of preparing and transporting the
43-1 remains and personal property of a state employee who dies while
43-2 conducting official state business outside the employee's
43-3 designated headquarters. The agency may pay or reimburse the
43-4 expense of transporting the remains and personal property either to
43-5 the employee's designated headquarters or to another location
43-6 designated by the executor or administrator of the employee's
43-7 estate. If the remains and personal property are transported to a
43-8 location other than the employee's designated headquarters, the
43-9 amount of the agency's payment or reimbursement may not exceed the
43-10 amount that would have been paid had the remains and personal
43-11 property been transported to the designated headquarters.
43-12 Sec. 660.146. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES
43-13 AND THEIR FAMILIES. (a) A state agency may pay or reimburse a
43-14 travel expense incurred by a state employee who serves in a law
43-15 enforcement, investigative, or similar capacity if the employee is
43-16 threatened as a result of the employee's official duties.
43-17 (b) A state agency may pay or reimburse a travel expense
43-18 incurred by the family of a state employee who serves in a law
43-19 enforcement, investigative, or similar capacity if the family is
43-20 threatened as a result of the employee's official duties.
43-21 (c) A travel expense is payable or reimbursable under this
43-22 section although it is incurred within a state employee's
43-23 designated headquarters.
43-24 Sec. 660.147. CONFLICTS WITH OTHER SUBCHAPTERS. If a
43-25 conflict exists between this subchapter and another provision of
43-26 this chapter, this subchapter controls.
43-27 SECTION 31. Section 661.033(c), Government Code, is amended
44-1 to read as follows:
44-2 (c) Payment under this section may not be for more than:
44-3 (1) all of the state employee's accumulated vacation
44-4 leave; and
44-5 (2) one-half of the state employee's accumulated sick
44-6 leave or 336 hours of sick leave, whichever is less.
44-7 SECTION 32. Chapter 661, Government Code, is amended by
44-8 adding Subchapters F, G, H, and Z to read as follows:
44-9 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION LEAVE
44-10 Sec. 661.151. APPLICABILITY. This subchapter applies to a
44-11 state employee employed by either house of the legislature or by a
44-12 member of the legislature or the lieutenant governor only to the
44-13 extent determined by the presiding officer of the appropriate house
44-14 of the legislature.
44-15 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
44-16 state employee is entitled to a vacation in each fiscal year
44-17 without a deduction in salary, except for a state employee who is:
44-18 (1) an employee of an institution of higher education
44-19 as defined by Section 61.003, Education Code, who:
44-20 (A) is not employed to work at least 20 hours
44-21 per week for a period of at least four and one-half months; or
44-22 (B) is employed in a position for which the
44-23 employee is required to be a student as a condition of the
44-24 employment;
44-25 (2) a faculty member employed for a period of fewer
44-26 than 12 months by an institution of higher education as defined by
44-27 Section 61.003, Education Code; or
45-1 (3) an instructional employee employed for a period of
45-2 fewer than 12 months by the Texas School for the Blind and Visually
45-3 Impaired or the Texas School for the Deaf.
45-4 (b) The amount of vacation accrues and may be taken in
45-5 accordance with this subchapter.
45-6 (c) A part-time employee accrues vacation leave on a
45-7 proportionate basis. The maximum amount of vacation leave a
45-8 part-time employee may carry forward from one fiscal year to the
45-9 next is also on a proportionate basis.
45-10 (d) An employee accrues vacation leave and may carry
45-11 vacation leave forward from one fiscal year to the next in
45-12 accordance with the following schedule:
45-13 Maximum Hours
45-14 Carried Forward
45-15 Hours Accrued From One Fiscal
45-16 Per Month for Year to the Next
45-17 Employees With Total State Full-time for a
45-18 Employment of: Employment Full-time Employee
45-19 less than 2 years 7 168
45-20 at least 2 but less than 5 years 8 232
45-21 at least 5 but less than 10 years 9 256
45-22 at least 10 but less than 15 years 10 280
45-23 at least 15 but less than 20 years 12 328
45-24 at least 20 years or more 14 376
45-25 (e) An employee accrues vacation leave at the applicable
45-26 rate beginning on the first day of state employment and ending on
45-27 the last day of state employment. An employee accrues and is
46-1 entitled to be credited for one month's vacation leave for each
46-2 month or fraction of a month of employment with the state,
46-3 beginning on the first day of employment with the state and on the
46-4 first calendar day of each succeeding month of state employment.
46-5 (f) An employee may not take vacation leave with pay until
46-6 the employee has six months of continuous employment with the
46-7 state, although the employee accrues vacation leave during that
46-8 period.
46-9 (g) If an employee's state employment anniversary date
46-10 occurs on the first calendar day of a month, the employee begins to
46-11 accrue vacation leave at a higher rate in accordance with
46-12 Subsection (d) on the first calendar day of the appropriate month.
46-13 Otherwise, the employee begins to accrue vacation leave at the
46-14 higher rate on the first calendar day of the month following the
46-15 anniversary date. An employee who begins working on the first
46-16 workday of a month in a position that accrues vacation leave is
46-17 considered to have begun working on the first calendar day of the
46-18 month for purposes of this subsection.
46-19 (h) An employee is entitled to carry forward from one fiscal
46-20 year to the next the net balance of unused accumulated vacation
46-21 leave that does not exceed the maximum number of hours allowed
46-22 under Subsection (d). All hours of unused accumulated vacation
46-23 leave that lapse at the end of a fiscal year under this subsection
46-24 and Subsection (d) are credited to the employee's sick leave
46-25 balance on the first day of the next fiscal year.
46-26 (i) In computing the amount of vacation leave taken, time
46-27 during which an employee is excused from work because of a holiday
47-1 is not charged against the employee's vacation leave.
47-2 (j) An employee who is on paid leave on the first workday of
47-3 a month may not take vacation leave accrued for that month until
47-4 the employee has returned to duty.
47-5 (k) Except as provided by Section 661.033, a state employee
47-6 who resigns, is dismissed, or otherwise separates from state
47-7 employment may be paid for vacation time accrued but not taken at
47-8 the time of separation from state employment only if:
47-9 (1) the individual's employment with the state was
47-10 continuous for a period of at least six months; and
47-11 (2) the individual is not reemployed by the state in a
47-12 position under which the employee accrues vacation leave during the
47-13 30-day period immediately following the date of separation from
47-14 state employment.
47-15 (Sections 661.153-661.200 reserved for expansion
47-16 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE
47-17 Sec. 661.201. APPLICABILITY. (a) This subchapter applies
47-18 to a state employee employed by either house of the legislature or
47-19 by a member of the legislature or the lieutenant governor only to
47-20 the extent determined by the presiding officer of the appropriate
47-21 house of the legislature.
47-22 (b) An employee of an institution of higher education as
47-23 defined by Section 61.003, Education Code, is eligible to accrue or
47-24 take paid sick leave under this subchapter only if the employee:
47-25 (1) is employed to work at least 20 hours per week for
47-26 a period of at least four and one-half months; and
47-27 (2) is not employed in a position for which the
48-1 employee is required to be a student as a condition of the
48-2 employment.
48-3 Sec. 661.202. ENTITLEMENT TO SICK LEAVE. (a) A state
48-4 employee is entitled to sick leave without a deduction in salary in
48-5 accordance with this subchapter.
48-6 (b) An employee accrues sick leave beginning on the first
48-7 day of state employment and ending on the last day of state
48-8 employment. An employee accrues and is entitled to be credited for
48-9 one month's sick leave for each month or fraction of a month of
48-10 employment with the state, beginning on the first day of employment
48-11 with the state and on the first calendar day of each succeeding
48-12 month of state employment.
48-13 (c) Sick leave entitlement for a full-time employee accrues
48-14 at the rate of eight hours for each month or fraction of a month of
48-15 employment, and accumulates with the unused amount of sick leave
48-16 carried forward each month. A part-time employees accrues sick
48-17 leave on a proportionate basis.
48-18 (d) Sick leave with pay may be taken when sickness, injury,
48-19 or pregnancy and confinement prevent the employee's performance of
48-20 duty or when the employee is needed to care for and assist a member
48-21 of the employee's immediate family who is sick. For purposes of
48-22 taking regular sick leave with pay, the following persons are
48-23 considered to be members of the employee's immediate family:
48-24 (1) an individual who resides in the same household as
48-25 the employee and is related to the employee by kinship, adoption,
48-26 or marriage;
48-27 (2) a foster child of the employee who resides in the
49-1 same household as the employee and who is certified by the
49-2 Department of Protective and Regulatory Services; and
49-3 (3) a minor child of the employee, regardless of
49-4 whether the child lives in the same household.
49-5 (e) An employee's use of sick leave to care for and assist
49-6 members of the employee's family who do not reside in the
49-7 employee's household is strictly limited to the time necessary to
49-8 provide care and assistance to a spouse, child, or parent of the
49-9 employee who needs the care and assistance as a direct result of a
49-10 documented medical condition.
49-11 (f) An employee who must be absent from duty because of
49-12 sickness, injury, or pregnancy and confinement shall notify the
49-13 employee's supervisor or have the supervisor notified of that fact
49-14 at the earliest practicable time.
49-15 (g) To be eligible to take accumulated sick leave without a
49-16 deduction in salary during a continuous period of more than three
49-17 working days, an employee absent due to sickness, injury, or
49-18 pregnancy and confinement shall send to the administrative head of
49-19 the employing agency a doctor's certificate showing the cause or
49-20 nature of the condition or another written statement of the facts
49-21 concerning the condition that is acceptable to the administrative
49-22 head. The administrative head of an agency may require a doctor's
49-23 certificate or other written statement of the facts for sick leave
49-24 without a deduction in salary taken during a continuous period of
49-25 three or fewer working days.
49-26 (h) On returning to duty after taking sick leave, the
49-27 employee shall without delay complete the prescribed application
50-1 for sick leave and send the application in the manner prescribed by
50-2 the agency to the appropriate authority for approving the
50-3 application.
50-4 (i) The administrative head or governing body of an agency
50-5 may authorize exceptions to the amount of sick leave an employee
50-6 may take on an individual basis after a review of the merits of a
50-7 particular case. A statement of all authorized exceptions and the
50-8 reasons for the exceptions shall be attached to the state agency's
50-9 duplicate payroll voucher for the payroll period affected by the
50-10 authorized exceptions.
50-11 (j) A state agency shall file a written statement with the
50-12 state auditor covering the policies and procedures for an extension
50-13 of leave under Subsection (i) and shall make the statement
50-14 available to all agency employees.
50-15 (k) A faculty member at an institution of higher education
50-16 as defined by Section 61.003, Education Code, must submit
50-17 prescribed leave forms for all sick leave the faculty member takes
50-18 if the absence occurs during the normal workday for regular
50-19 employees, even if no classes are missed.
50-20 Sec. 661.203. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
50-21 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
50-22 employment with the state under a formal reduction in force is
50-23 entitled to have the employee's sick leave balance restored if the
50-24 employee is reemployed by the state within 12 months after the end
50-25 of the month in which the employee separates from state employment.
50-26 (b) An employee who separates from employment with the state
50-27 for a reason other than that described by Subsection (a) is
51-1 entitled to have the employee's sick leave balance restored if:
51-2 (1) the employee is reemployed by the same state
51-3 agency or institution of higher education within 12 months after
51-4 the end of the month in which the employee separates from state
51-5 employment, but only if there has been a break in employment with
51-6 the state of at least 30 calendar days; or
51-7 (2) the employee is reemployed by a different state
51-8 agency or institution of higher education within 12 months after
51-9 the end of the month in which the employee separates from state
51-10 employment.
51-11 (Sections 661.204-661.250 reserved for expansion
51-12 SUBCHAPTER H. PROVISIONS APPLICABLE TO BOTH VACATION
51-13 AND SICK LEAVE
51-14 Sec. 661.251. APPLICABILITY. This subchapter applies to a
51-15 state employee employed by either house of the legislature or by a
51-16 member of the legislature or the lieutenant governor only to the
51-17 extent determined by the presiding officer of the appropriate house
51-18 of the legislature.
51-19 Sec. 661.252. TRANSFER OF LEAVE BALANCE. A state employee
51-20 who transfers directly from one state agency to another is entitled
51-21 to credit by the agency to which the employee transfers for the
51-22 unused balance of the employee's accumulated vacation and sick
51-23 leave, if the employee's employment with the state is
51-24 uninterrupted.
51-25 (Sections 661.253-661.900 reserved for expansion
51-26 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS
51-27 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
52-1 to a state employee employed by either house of the legislature or
52-2 by a member of the legislature or the lieutenant governor only to
52-3 the extent determined by the presiding officer of the appropriate
52-4 house of the legislature.
52-5 (b) An employee of an institution of higher education as
52-6 defined by Section 61.003, Education Code, is eligible to accrue or
52-7 take paid leave under this subchapter only if the employee:
52-8 (1) is employed to work at least 20 hours per week for
52-9 a period of at least four and one-half months; and
52-10 (2) is not employed in a position for which the
52-11 employee is required to be a student as a condition of the
52-12 employment.
52-13 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
52-14 entitled to emergency leave without a deduction in salary because
52-15 of a death in the employee's family. The death of the employee's
52-16 spouse, or of a parent, brother, sister, grandparent, grandchild,
52-17 or child of the employee or of the employee's spouse is considered
52-18 to be a death in the employee's family for purposes of this
52-19 subsection.
52-20 (b) The administrative head of an agency may determine that
52-21 a reason other than that described by Subsection (a) is sufficient
52-22 for granting emergency leave and shall grant an emergency leave to
52-23 an employee who the administrative head determines has shown good
52-24 cause for taking emergency leave.
52-25 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
52-26 who is called to active duty as a member of the Texas National
52-27 Guard by the governor because of an emergency is entitled to a
53-1 leave of absence without a deduction in salary in accordance with
53-2 Section 431.0825.
53-3 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY. (a)
53-4 An employee called to active duty during a national emergency to
53-5 serve in a reserve component of the armed forces of the United
53-6 States, including the Texas National Guard, is entitled to a leave
53-7 of absence without a deduction in salary.
53-8 (b) The employee continues to accrue state service credit
53-9 for purposes of longevity pay while on military duty described by
53-10 Subsection (a), but does not accrue vacation or sick leave during
53-11 that time.
53-12 (c) The employee retains any accrued vacation or sick leave
53-13 and is entitled to be credited with those balances on return to
53-14 state employment from military duty described by Subsection (a).
53-15 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
53-16 who is a volunteer firefighter is entitled to a leave of absence
53-17 without a deduction in salary to attend fire service training
53-18 conducted by a state agency or institution of higher education.
53-19 Leave without a deduction in salary under this subsection may not
53-20 exceed five working days in a fiscal year.
53-21 (b) A state agency or institution of higher education may
53-22 grant leave without a deduction in salary to a volunteer
53-23 firefighter for the purpose of allowing the firefighter to respond
53-24 to emergency fire situations if the agency or institution has an
53-25 established policy for granting that leave.
53-26 (c) A leave of absence under this section may not be charged
53-27 against an employee's vacation or sick leave.
54-1 Sec. 661.906. FOSTER PARENTS. A state employee who is a
54-2 foster parent to a child under the conservatorship of the
54-3 Department of Protective and Regulatory Services is entitled to a
54-4 leave of absence without a deduction in salary for the purpose of
54-5 attending:
54-6 (1) meetings held by the Department of Protective and
54-7 Regulatory Services regarding the child under the foster care of
54-8 the employee; or
54-9 (2) the admission, review, and dismissal meeting held
54-10 by a school district regarding the child under the foster care of
54-11 the employee.
54-12 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
54-13 state employee who is a certified disaster service volunteer of the
54-14 American Red Cross or who is in training to become such a volunteer
54-15 may be granted leave not to exceed 10 days each fiscal year to
54-16 participate in specialized disaster relief services for the
54-17 American Red Cross without a deduction in salary or loss of
54-18 vacation time, sick leave, earned overtime credit, or state
54-19 compensatory time if the leave is taken:
54-20 (1) with the authorization of the employee's
54-21 supervisor;
54-22 (2) with the approval of the governor; and
54-23 (3) on the request of the American Red Cross.
54-24 (b) The number of certified disaster volunteers who are
54-25 eligible for leave under this section may not exceed 350 state
54-26 employees at any one time during a fiscal year. The division of
54-27 emergency management in the governor's office shall coordinate the
55-1 establishment and maintenance of the list of eligible employees.
55-2 (c) Not later than the 60th day after the date the American
55-3 Red Cross makes a request under Subsection (a)(3), the American Red
55-4 Cross shall prepare a report for the Legislative Budget Board
55-5 stating the reasons for the request.
55-6 Sec. 661.908. LEAVE RECORDS. The administrative head or
55-7 governing body of each state agency shall require for each
55-8 employee:
55-9 (1) time and attendance records;
55-10 (2) a record of the accrual and taking of vacation and
55-11 sick leave;
55-12 (3) a record of the reason an employee takes leave if
55-13 other law requires the employee to inform the agency of the reason;
55-14 and
55-15 (4) whether any leave taken is accounted for as sick
55-16 leave, vacation leave, other paid leave, leave without pay, or
55-17 other absence.
55-18 Sec. 661.909. STATE AUDITOR INTERPRETATIONS. (a) The state
55-19 auditor shall provide a uniform interpretation of this subchapter
55-20 and Subchapters F-H.
55-21 (b) The state auditor shall report to the governor and the
55-22 legislature any state agency or institution of higher education
55-23 that practices exceptions to those laws.
55-24 Sec. 661.910. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
55-25 state agency or institution of higher education may grant employees
55-26 leave without pay, including a leave of absence without pay, in
55-27 accordance with this section.
56-1 (b) The duration of the leave may not exceed 12 months.
56-2 (c) Except for disciplinary suspensions, active military
56-3 duty, and leave covered by workers' compensation benefits, all
56-4 accumulated paid leave entitlements must be used before the leave
56-5 is granted. All sick leave must first be used only if the employee
56-6 is taking leave for a reason for which the employee is eligible to
56-7 take sick leave under Subchapter G.
56-8 (d) Subject to fiscal constraints, approval of the leave
56-9 constitutes a guarantee of employment for a specified period.
56-10 (e) The administrative head of a state agency or institution
56-11 of higher education may grant exceptions to the limitations of this
56-12 section if the employee is taking the leave:
56-13 (1) to work for another state governmental entity
56-14 under an interagency agreement; or
56-15 (2) for educational purposes.
56-16 (f) Except for an employee who returns to state employment
56-17 from military leave without pay, a full calendar month during which
56-18 an employee is on leave without pay is not counted in computing:
56-19 (1) total state service for purposes related to
56-20 longevity pay or to accrual or payment for vacation leave; or
56-21 (2) continuous state service for purposes related to
56-22 merit salary provisions or vacation leave.
56-23 (g) An employee may not accrue vacation or sick leave for a
56-24 full calendar month during which the employee is on leave without
56-25 pay.
56-26 (h) A full calendar month during which an employee is on
56-27 leave without pay does not constitute a break in continuity of
57-1 employment.
57-2 Sec. 661.911. SEEING-EYE DOG TRAINING FOR BLIND EMPLOYEES.
57-3 (a) A state employee who is blind is entitled to a leave of
57-4 absence without a deduction in salary for the purpose of attending
57-5 a training program to acquaint the employee with a Seeing-Eye dog
57-6 to be used by the employee.
57-7 (b) The leave of absence provided by this section may not
57-8 exceed 10 working days in a fiscal year.
57-9 (c) The leave of absence provided by this section is in
57-10 addition to other leave to which an employee is entitled, and an
57-11 employee continues to accrue vacation and sick leave while on leave
57-12 as provided by this section.
57-13 (d) For purposes of this section, "blind" has the meaning
57-14 assigned by Section 91.002, Human Resources Code.
57-15 Sec. 661.912. ADMINISTRATIVE LEAVE WITH PAY. (a) In
57-16 addition to employee leave authorized elsewhere in this chapter,
57-17 the administrative head of an agency may grant administrative leave
57-18 without a deduction in salary to an employee as a reward for
57-19 outstanding performance as documented by employee performance
57-20 appraisals.
57-21 (b) The total amount of administrative leave an employee may
57-22 be granted under this section may not exceed 32 hours during a
57-23 fiscal year.
57-24 Sec. 661.913. FAMILY AND MEDICAL LEAVE ACT. (a) To the
57-25 extent provided by federal law, a state employee who has been
57-26 employed for at least 12 months by the state and who has worked at
57-27 least 1,250 hours during the 12-month period preceding the
58-1 beginning of leave under this section is entitled to leave under
58-2 the federal Family and Medical Leave Act of 1993 (29 U.S.C. Section
58-3 2601 et seq.) if the employee first uses all available and
58-4 applicable paid vacation and sick leave while taking leave under
58-5 this section.
58-6 (b) As an exception to the requirement that an employee
58-7 first use all applicable paid vacation and sick leave, employees on
58-8 Family and Medical Leave Act leave who are receiving temporary
58-9 disability benefits or workers' compensation benefits are not
58-10 required to first use applicable paid vacation or sick leave while
58-11 receiving those benefits.
58-12 Sec. 661.914. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
58-13 state employee who has been employed for fewer than 12 months by
58-14 the state or who has worked fewer than 1,250 hours during the
58-15 12-month period preceding the beginning of leave under this section
58-16 is eligible to take a parental leave of absence in accordance with
58-17 this section if the employee first uses all available and
58-18 applicable paid vacation and sick leave while taking leave under
58-19 this section.
58-20 (b) A leave of absence authorized by this section may not
58-21 exceed 12 weeks.
58-22 (c) The leave authorized by this section is limited to, and
58-23 begins on the date of, the birth of a natural child of the employee
58-24 or the adoption by or foster care placement with the employee of a
58-25 child under three years of age.
58-26 SECTION 33. Section 662.004(a), Government Code, is amended
58-27 to read as follows:
59-1 (a) A state agency and an institution of higher education as
59-2 defined by Section 61.003, Education Code, shall have enough
59-3 employees on duty during a state holiday to conduct the public
59-4 business of the agency or institution.
59-5 SECTION 34. Section 662.007, Government Code, is amended by
59-6 adding Subsection (c) to read as follows:
59-7 (c) An institution of higher education as defined by Section
59-8 61.003, Education Code, may allow an employee who is required to
59-9 work on a national or state holiday that does not fall on a
59-10 Saturday or Sunday to take compensatory time off in accordance with
59-11 this section or may instead pay the employee at the employee's
59-12 regular rate of pay for that time if the institution determines
59-13 that allowing compensatory time off would disrupt normal teaching,
59-14 research, or other critical functions.
59-15 SECTION 35. Section 662.010, Government Code, is amended by
59-16 amending Subsection (c) and adding Subsection (d) to read as
59-17 follows:
59-18 (c) If a state or national holiday that does not fall on a
59-19 Saturday or Sunday occurs between the dates that a state employee
59-20 transfers from one state agency to another without a break in
59-21 service, the agency to which the employee transfers is responsible
59-22 for paying the employee for the holiday.
59-23 (d) In this section, "workday" means a day on which a state
59-24 employee is normally scheduled to work.
59-25 SECTION 36. Section 662.011, Government Code, is amended by
59-26 amending Subsection (a) and adding Subsection (c) to read as
59-27 follows:
60-1 (a) The governing body of an institution of higher
60-2 education, as defined by Section 61.003, Education Code, other than
60-3 a public junior college as defined by that section, may establish
60-4 the holiday schedule for the institution, subject to any applicable
60-5 limitation on the observance of holidays prescribed by the General
60-6 Appropriations Act.
60-7 (c) An employee of the institution is eligible to take paid
60-8 holiday leave only if the employee:
60-9 (1) is scheduled to work at least 20 hours per week
60-10 for a period of at least four and one-half months; and
60-11 (2) is not employed in a position for which the
60-12 employee is required to be a student as a condition of the
60-13 employment.
60-14 SECTION 37. Subtitle B, Title 6, Government Code, is amended
60-15 by adding Chapter 666 to read as follows:
60-16 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
60-17 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
60-18 to a person who is or may become employed by more than one state
60-19 agency or institution of higher education.
60-20 (b) A person who is employed by more than one state agency
60-21 or institution of higher education may not receive benefits from
60-22 the state that exceed the benefits provided for one full-time
60-23 employee.
60-24 (c) The person must be informed of the requirements of this
60-25 chapter before the person is employed by more than one agency or
60-26 institution.
60-27 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
61-1 and sick leave records must be maintained for each employment.
61-2 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
61-3 person separates from one employment, the person's leave balances
61-4 that were accrued under that employment may not be transferred to
61-5 the remaining employments.
61-6 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
61-7 accrues state service credit for all purposes as if the person had
61-8 only one employment.
61-9 Sec. 666.005. FEDERAL INSURANCE CONTRIBUTIONS. (a) The
61-10 state's contribution toward the taxes imposed on the person by the
61-11 Federal Insurance Contributions Act (26 U.S.C. Section 3101 et
61-12 seq.) may not exceed the overall limit specified in the General
61-13 Appropriations Act.
61-14 (b) The comptroller shall prescribe uniform accounting and
61-15 reporting procedures to ensure that the state's contribution does
61-16 not exceed the limit described by Subsection (a).
61-17 Sec. 666.006. GROUP INSURANCE CONTRIBUTION. The total state
61-18 contribution toward the person's group insurance is limited to the
61-19 amount specified in the General Appropriations Act for a full-time
61-20 active employee.
61-21 Sec. 666.007. OVERTIME COMPENSATION. (a) Overtime
61-22 compensation accrues for each employment independently of every
61-23 other employment, except as provided by Subsection (b).
61-24 (b) If the person is subject to the overtime provisions of
61-25 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
61-26 et seq.) in an employment, the employing agencies and institutions
61-27 of higher education shall ensure that the person is compensated for
62-1 all combined time actually worked that exceeds 40 hours per week in
62-2 accordance with the overtime provisions of the federal law. The
62-3 agencies and institutions shall cooperate to determine which agency
62-4 or institution is responsible for ensuring that the employee is
62-5 properly compensated according to those provisions.
62-6 Sec. 666.008. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
62-7 The person must inform the person's employing state agencies or
62-8 institutions of higher education before accepting an additional
62-9 employment with another agency or institution.
62-10 Sec. 666.009. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
62-11 If a person's multiple employment involves only legislative
62-12 agencies and all employments are less than full-time, the person
62-13 may use paid leave from leave balances in all employments, and on
62-14 separating from one employment leave balances accrued under that
62-15 employment will be transferred to the remaining employments.
62-16 Sec. 666.010. SPECIAL PROVISIONS FOR INSTITUTIONS OF HIGHER
62-17 EDUCATION. (a) A university system as defined by Section 61.003,
62-18 Education Code, may establish a policy that defines a person's
62-19 employment as the total hours the person is assigned to one
62-20 component of the system or, alternatively, the total hours the
62-21 person is assigned to all components of the system.
62-22 (b) The policy may apply to a person only if the person is
62-23 employed by more than one institution of higher education and all
62-24 the employing institutions are within the same university system.
62-25 SECTION 38. Chapter 751, Government Code, is amended by
62-26 adding Subchapter C to read as follows:
63-1 SUBCHAPTER C. STATE PERSONNEL IN WASHINGTON
63-2 Sec. 751.051. LIAISON TO LEGISLATIVE COMMITTEES. A state
63-3 employee working in Washington, D.C., on behalf of one or more
63-4 state agencies shall act in a liaison capacity and provide the most
63-5 current information on federal funding and on legislative issues to
63-6 the appropriate substantive committees of both the Texas House of
63-7 Representatives and the Texas Senate.
63-8 SECTION 39. Subchapter A, Chapter 2052, Government Code, is
63-9 amended by adding Section 2052.004 to read as follows:
63-10 Sec. 2052.004. REPORT ON CLOSING OF FIELD OFFICES. Before
63-11 making any public announcement, a state agency shall send to any
63-12 affected member of the legislature a written notice that describes
63-13 the state agency's plan to close a field office located in the
63-14 member's legislative district.
63-15 SECTION 40. Section 2054.092, Government Code, is amended to
63-16 read as follows:
63-17 Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN. The state
63-18 strategic plan must be a visionary plan for the management of the
63-19 state's information resources and:
63-20 (1) provide a strategic direction for information
63-21 resources management in state government for the four [five] fiscal
63-22 years following adoption of the plan;
63-23 (2) provide guidance to state agencies in the
63-24 development of the agency strategic plans;
63-25 (3) establish goals and objectives relating to
63-26 information resources management;
63-27 (4) provide long-range policy guidelines for
64-1 information resources in state government, including the
64-2 implementation of national and international standards for
64-3 information resources technologies;
64-4 (5) identify major issues relating to improved
64-5 information resources management, including the identification of
64-6 needed procurement policy initiatives to encourage competition
64-7 between providers of information resources technologies; [and]
64-8 (6) identify priorities for the implementation of
64-9 information resources technologies according to the relative
64-10 economic and social impact on the state; and
64-11 (7) establish the framework under which the state's
64-12 telecommunications systems can be used to efficiently and
64-13 effectively exchange information among state agencies.
64-14 SECTION 41. Section 2054.095(d), Government Code, is amended
64-15 to read as follows:
64-16 (d) The department by rule shall adopt instructions,
64-17 consistent with Section 2054.096, that guide state agencies in the
64-18 preparation of their agency strategic plans. The instructions must
64-19 include the general criteria under which the department will
64-20 evaluate the plan and specify the format, content, updating, and
64-21 submission of the plan. The department shall send the instructions
64-22 to each state agency not later than February 1 of each
64-23 even-numbered year.
64-24 SECTION 42. Section 2054.118, Government Code, is amended to
64-25 read as follows:
64-26 Sec. 2054.118. Major Information Resources Project. (a) A
64-27 state agency may not spend appropriated funds for a major
65-1 information resources project unless the project has been reviewed
65-2 and approved by a quality assurance team consisting of the
65-3 department and the state auditor's office [in the agency's biennial
65-4 operating plan].
65-5 (b) The quality assurance team shall determine project
65-6 approval based on an analysis of the project's risk. The quality
65-7 assurance team may:
65-8 (1) waive project review requirements under
65-9 circumstances it considers appropriate;
65-10 (2) require any information it considers necessary to
65-11 determine a project's potential risk;
65-12 (3) require independent monitoring of an approved
65-13 project, status reports of a project being implemented, or any
65-14 additional information the team considers necessary to determine a
65-15 project's potential for success; or
65-16 (4) require a state agency to submit a
65-17 post-implementation evaluation report to enable the team to
65-18 determine whether a project met its planned objectives.
65-19 (c) The department shall provide technical assistance to a
65-20 state agency in the implementation of a project, participate in a
65-21 project as the quality assurance team considers necessary, and
65-22 review and analyze project information submitted by a state agency.
65-23 The state auditor's office shall audit and review a project and the
65-24 information provided by a state agency about a project. The
65-25 quality assurance team may request the Legislative Budget Board or
65-26 the comptroller's office to assist in determining the accuracy of
65-27 project expenditures and compliance with any expenditure
66-1 limitations contained in the General Appropriations Act.
66-2 (d) The quality assurance team shall file a report with the
66-3 lieutenant governor and the speaker of the house or representatives
66-4 on the status of projects under its review not later than December
66-5 1 of each year.
66-6 (e) The department shall develop rules or guidelines for
66-7 software development, quality assurance, and [its] review of major
66-8 information resources projects.
66-9 (f) [(c)] In this section, "major information resources
66-10 project" means any information resources technology project
66-11 identified in a state agency's biennial operating plan with
66-12 development costs that exceed $1 million and that:
66-13 (1) requires one year or longer to reach operations
66-14 status;
66-15 (2) involves more than one state agency; or
66-16 (3) substantially alters work methods of state agency
66-17 personnel or the delivery of services to clients.
66-18 SECTION 43. Subchapter F, Chapter 2054, Government Code, is
66-19 amended by adding Sections 2054.120 and 2054.121 to read as
66-20 follows:
66-21 Sec. 2054.120. COORDINATION AMONG INSTITUTIONS OF HIGHER
66-22 EDUCATION. Institutions of higher education shall coordinate the
66-23 use of information technologies with other such institutions to
66-24 more effectively provide education, research, and community
66-25 service.
66-26 Sec. 2054.121. COORDINATED TECHNOLOGY TRAINING. A state
66-27 agency each calendar quarter shall coordinate agency training for
67-1 the use of information resources technologies with training offered
67-2 or coordinated by the department. The agency shall use training
67-3 offered or coordinated by the department if it meets agency
67-4 requirements and is cost-competitive.
67-5 SECTION 44. Subchapter B, Chapter 2101, Government Code, is
67-6 amended by adding Sections 2101.0111 and 2101.0112 to read as
67-7 follows:
67-8 Sec. 2101.0111. ANNUAL REPORTS AND INVENTORIES. (a) Not
67-9 later than the 90th day after the close of the fiscal year, the
67-10 executive head of each state agency shall submit an annual
67-11 financial report regarding the agency's use of appropriated money,
67-12 as defined by Section 2113.001, during the preceding fiscal year
67-13 to:
67-14 (1) the governor;
67-15 (2) the comptroller;
67-16 (3) the state auditor;
67-17 (4) the Legislative Budget Board; and
67-18 (5) the Legislative Reference Library.
67-19 (b) The annual report must be prepared in accordance with
67-20 the uniform accounting and financial reporting procedures
67-21 established by the comptroller under Section 2101.012.
67-22 (c) The annual report must include:
67-23 (1) a detailed statement of all assets, liabilities,
67-24 and fund balances, including:
67-25 (A) cash on hand and on deposit in banks and
67-26 accounts in the state treasury;
67-27 (B) the value of consumable supplies and
68-1 postage;
68-2 (C) the value of the state agency's inventory of
68-3 movable equipment and other fixed assets;
68-4 (D) a list of investments, bonds, notes, and
68-5 other securities owned by any special funds under the jurisdiction
68-6 of the state agency, including the amount and value of the
68-7 securities;
68-8 (E) all money due the state agency from any
68-9 source;
68-10 (F) all outstanding commitments of the agency,
68-11 including amounts due for services or goods received by the agency;
68-12 (G) a summary by source of all revenue collected
68-13 or accruing through the state agency, including appropriations; and
68-14 (H) a summary by source of all expenditures,
68-15 bona fide encumbrances, and other disbursements by the state
68-16 agency;
68-17 (2) a list of all bonded employees, including the name
68-18 of the surety company and the name and title of the employee and
68-19 the amount of the surety bond;
68-20 (3) an analysis of space occupied by the state agency,
68-21 including:
68-22 (A) the total number of square feet of rented
68-23 space in state-owned buildings;
68-24 (B) the total number of square feet of occupied
68-25 space in state-owned buildings;
68-26 (C) the name and address of each building in
68-27 which the state agency occupies space and the number of square feet
69-1 in each building devoted to a particular use;
69-2 (D) the cost per square foot of all rented
69-3 space;
69-4 (E) the annual and monthly cost of all rented
69-5 space;
69-6 (F) the lessor of all rented space; and
69-7 (G) other information helpful to describe the
69-8 state agency's utilization of space in state-owned buildings;
69-9 (4) an itemized statement of all fees paid by the
69-10 state agency for professional and consulting services provided
69-11 under Chapter 2254, including the name of each person receiving
69-12 fees and the reason for the provision of the services;
69-13 (5) a summary of the state agency's use and cost of
69-14 operating aircraft that is state-owned or under long-term lease in
69-15 the format prescribed by the Legislative Budget Board and the State
69-16 Aircraft Pooling Board under Chapter 2205;
69-17 (6) a list of any purchases made under Section
69-18 2155.067(e), including each product purchased, the purchase amount,
69-19 and the name of each vendor;
69-20 (7) a copy of the Master File Report Verification Form
69-21 certified by the General Land Office to confirm that the state
69-22 agency is in compliance with Subchapter E, Chapter 31, Natural
69-23 Resources Code;
69-24 (8) a list of the transfer of appropriated funds
69-25 between appropriation items, including the amount of all transfers;
69-26 (9) a copy of the report prepared by the state agency
69-27 under Section 2161.124; and
70-1 (10) any other information required by the General
70-2 Appropriations Act.
70-3 (d) In this section, "state agency" has the meaning assigned
70-4 by Section 2151.002.
70-5 Sec. 2101.0112. BINDING ENCUMBRANCE REPORT. (a) Each state
70-6 agency shall submit to the comptroller, the state auditor, and the
70-7 Legislative Budget Board a binding encumbrance report by
70-8 appropriation account relating to accrued payables and binding
70-9 encumbrances for all appropriations, current and lapsed, not later
70-10 than the 30th day after the close of each fiscal quarter.
70-11 (b) On receipt of the report required by Subsection (a), the
70-12 comptroller shall lapse any excess prior years' appropriation
70-13 authority.
70-14 (c) To the extent permitted by Sections 403.071(b) and
70-15 404.046, the comptroller may reopen any lapsed appropriation
70-16 account to pay any valid claims submitted.
70-17 (d) Each state agency shall reconcile all expenditures,
70-18 binding encumbrances, payables, and accrued expenditures, as
70-19 reported in the uniform statewide accounting system, with the state
70-20 agency's strategic planning and budget structure, as reported in
70-21 the automated budget and evaluation system prescribed by the
70-22 Legislative Budget Board.
70-23 (e) In this section, "state agency" has the meaning assigned
70-24 by Section 2151.002.
70-25 SECTION 45. Section 2101.012(a), Government Code, is amended
70-26 to read as follows:
70-27 (a) The comptroller shall prescribe uniform accounting and
71-1 financial reporting procedures that a [each] state agency shall use
71-2 in the preparation of the information requested under Section
71-3 2101.011 or 2101.0111.
71-4 SECTION 46. Section 2101.038, Government Code, is amended to
71-5 read as follows:
71-6 Sec. 2101.038. DUTIES OF STATE AUDITOR. (a) The state
71-7 auditor, when reviewing the operation of a state agency, shall
71-8 audit for compliance with the uniform statewide accounting system,
71-9 the comptroller's rules, and the Legislative Budget Board's
71-10 performance and workload measures.
71-11 (b) The state auditor shall notify the project advisory
71-12 committee, the comptroller, the governor, and the Legislative
71-13 Budget Board as soon as practicable when a state agency is not in
71-14 compliance.
71-15 (c) If the state auditor issues any report concerning the
71-16 operation of a state agency, the state auditor shall notify the
71-17 agency's governing body and executive head.
71-18 SECTION 47. Chapter 2102, Government Code, is amended by
71-19 adding Section 2102.0091 to read as follows:
71-20 Sec. 2102.0091. REPORTS OF PERIODIC AUDITS. (a) A state
71-21 agency shall file with the budget division of the governor's office
71-22 and the Legislative Budget Board a copy of each report submitted to
71-23 the state agency's governing board or its designee by the agency's
71-24 internal auditor.
71-25 (b) Each report shall be filed not later than the 30th day
71-26 after the date the report is submitted to the state agency's
71-27 governing board or its designee.
72-1 (c) In addition to the requirements of Subsection (a), a
72-2 state agency shall file with the budget division of the governor's
72-3 office and the Legislative Budget Board any action plan or other
72-4 response issued by the state agency's governing board in response
72-5 to the report of the state agency's internal auditor.
72-6 SECTION 48. Subtitle C, Title 10, Government Code, is
72-7 amended by adding Chapter 2113 to read as follows:
72-8 CHAPTER 2113. USE OF APPROPRIATED MONEY AND OTHER STATE FUNDS
72-9 SUBCHAPTER A. GENERAL PROVISIONS
72-10 Sec. 2113.001. DEFINITIONS. In this chapter:
72-11 (1) "Appropriated money" means money appropriated by
72-12 the legislature through the General Appropriations Act or other
72-13 law.
72-14 (2) "State agency" means:
72-15 (A) a department, commission, board, office, or
72-16 other entity in the executive branch of state government;
72-17 (B) the supreme court, the court of criminal
72-18 appeals, a court of appeals, or the Texas Judicial Council; or
72-19 (C) a university system or an institution of
72-20 higher education as defined by Section 61.003, Education Code,
72-21 except a public junior college.
72-22 (Sections 2113.002-2113.010 reserved for expansion
72-23 SUBCHAPTER B. RESTRICTIONS ON POLITICAL ACTIVITY
72-24 Sec. 2113.011. SUPPORT OF CANDIDATES. (a) A state agency
72-25 may not use state funds, including appropriated money, to finance
72-26 or otherwise support the candidacy of a person for an office in the
72-27 legislative, executive, or judicial branch of state government or
73-1 of the government of the United States. This prohibition extends
73-2 to the direct or indirect employment of a person to perform an
73-3 action described by this subsection.
73-4 (b) An employee of a state agency may not use a state-owned
73-5 motor vehicle for a purpose described by Subsection (a).
73-6 Sec. 2113.012. ELECTIONS AND LEGISLATIVE INFLUENCE. (a) A
73-7 state agency may not use appropriated money to influence the
73-8 outcome of an election or the passage or defeat of a legislative
73-9 measure.
73-10 (b) This section does not prohibit an officer or employee of
73-11 a state agency from providing on request to a member of the
73-12 legislature, legislative committee, other state officer or
73-13 employee, or private citizen public information available to the
73-14 officer or employee.
73-15 Sec. 2113.013. LOBBYING. (a) A state agency may not use
73-16 appropriated money to employ a full-time employee who is required
73-17 by Chapter 305 to register as a lobbyist.
73-18 (b) A state agency may not use appropriated money to employ
73-19 a part-time employee who is required by Chapter 305 to register as
73-20 a lobbyist for an industry, profession, or association:
73-21 (1) that the employee's agency regulates;
73-22 (2) from which the employee's agency purchases goods
73-23 or services; or
73-24 (3) to which the employee's agency provides goods or
73-25 services, including grants or loans.
73-26 Sec. 2113.014. RETALIATION AND VIOLATION. An officer or
73-27 employee of a state agency who causes an officer or employee to be
74-1 discharged, demoted, or otherwise discriminated against for
74-2 providing information under Section 2113.012(b) is required to be
74-3 immediately discharged from state employment.
74-4 Sec. 2113.015. NOTICE OF PROHIBITIONS. (a) A state agency
74-5 shall provide each officer and employee of the agency a copy of
74-6 Sections 2113.011-2113.014 and require a signed receipt on
74-7 delivery. A new copy and receipt are required if a provision of
74-8 those sections is changed.
74-9 (b) A state agency shall maintain receipts collected from
74-10 current officers and employees under this section in a manner
74-11 accessible for public inspection.
74-12 Sec. 2113.016. STUDENT ORGANIZATIONS. (a) This subchapter
74-13 does not prohibit the payment of reasonable dues to an organization
74-14 that represents student interests before the legislature or the
74-15 Congress of the United States from that portion of mandatory
74-16 student service fees that is allocated to the student government
74-17 organization at an institution of higher education.
74-18 (b) A mandatory student service fee may not be used to
74-19 influence the outcome of an election.
74-20 Sec. 2113.017. COMPENSATION PROHIBITION. A state agency may
74-21 not use appropriated money to compensate an officer or employee who
74-22 violates this subchapter.
74-23 (Sections 2113.018-2113.100 reserved for expansion
74-24 SUBCHAPTER C. RESTRICTIONS ON OFFICERS AND EMPLOYEES
74-25 Sec. 2113.101. PUBLICITY. (a) A state agency may not use
74-26 appropriated money to publicize or direct attention to an
74-27 individual officer or employee of state government.
75-1 (b) A state agency may not use appropriated money to:
75-2 (1) maintain a publicity office or department;
75-3 (2) employ an individual who has the title or duties
75-4 of a public relations or press agent; or
75-5 (3) pay a public relations agent or business.
75-6 (c) The executive head of a state agency who considers it
75-7 necessary or in the public interest may issue through agency
75-8 channels oral or written information relating to the activities or
75-9 legal responsibilities of the agency. The information must be
75-10 issued in the name of the state agency and include the name of the
75-11 individual authorized to issue the information.
75-12 (d) An institution of higher education may operate a news
75-13 and information service for the benefit of the public if the
75-14 operation has been authorized and approved by the institution's
75-15 governing body.
75-16 Sec. 2113.102. USE OF ALCOHOLIC BEVERAGES. A state agency
75-17 may not use appropriated money to compensate an officer or employee
75-18 who uses alcoholic beverages on active duty.
75-19 Sec. 2113.103. USE OF MOTOR VEHICLE. (a) Except as
75-20 provided by Subsection (b), an officer or employee of a state
75-21 agency may not use a state-owned motor vehicle except on official
75-22 state business.
75-23 (b) The administrative head of a state agency may authorize
75-24 an officer or employee to use a state-owned motor vehicle to
75-25 commute to and from work when the administrative head determines
75-26 that the use may be necessary to ensure that vital agency functions
75-27 are performed. The name and job title of each individual
76-1 authorized under this subsection, and the reasons for the
76-2 authorization, must be included in the annual report required by
76-3 Section 2101.0111.
76-4 (c) A state agency may not use appropriated money to
76-5 compensate an individual who violates this section.
76-6 (Sections 2113.104-2113.200 reserved for expansion
76-7 SUBCHAPTER D. RESTRICTIONS ON GOODS AND SERVICES
76-8 Sec. 2113.201. CONSULTANT CONTRACTS. A state agency may not
76-9 use appropriated money to contract for consulting services with an
76-10 individual who has been an officer or employee of the agency within
76-11 the preceding 12 months.
76-12 Sec. 2113.202. ALCOHOLIC BEVERAGES. A state agency may not
76-13 use appropriated money to purchase an alcoholic beverage except for
76-14 authorized law enforcement purposes. A state agency may not use
76-15 appropriated money to pay or reimburse a travel expense for an
76-16 alcoholic beverage.
76-17 Sec. 2113.203. AUDITS. (a) Except as provided by
76-18 Subsections (b) and (c), a state agency may not use appropriated
76-19 money to hire an individual or entity to audit the books or
76-20 accounts of the agency.
76-21 (b) A state agency may use appropriated money to finance a
76-22 supplemental audit of payments received from the government of the
76-23 United States if the audit is required as a condition of receipt of
76-24 the money and an amount for the audit is provided by the federal
76-25 grant, allocation, aid, or other payment.
76-26 (c) A state agency providing grants, loans, or other money
76-27 to an entity other than a state agency may require, as a condition
77-1 of receipt of the money, that the recipient have an annual,
77-2 independent audit performed and submitted to the agency. An agency
77-3 may require its internal audit staff to make an annual inspection
77-4 visit to the recipient of the money. After notice of the meeting
77-5 of the governing body of an agency at which the matter will be
77-6 included on the agenda, the agency shall take action on any
77-7 exceptions noted in independent audits received under this
77-8 subsection and provide documentation of that action to the state
77-9 auditor, the Legislative Audit Committee, the Legislative Budget
77-10 Board, and the budget division of the governor's office.
77-11 Sec. 2113.204. PUBLICATION OF REPORTS. (a) A state agency
77-12 may not use appropriated money to publish a report or other printed
77-13 materials on enamel-coated, cast-coated, or dull-coated printing
77-14 stock unless the agency imposes a fee for receipt of the printed
77-15 materials.
77-16 (b) A state agency shall make reports required by law and
77-17 minutes of meetings of the agency's governing body available to
77-18 members of the legislature and agencies in the legislative branch
77-19 of state government in an electronic format determined by the Texas
77-20 Legislative Council.
77-21 Sec. 2113.205. PERIODICALS AND OTHER PUBLICATIONS. (a)
77-22 Except as provided by Subsection (b), a state agency may not use
77-23 appropriated money to publish a periodical or other publication the
77-24 cost of which is not reimbursed through revenue attributable to its
77-25 publication and sale if the publication is:
77-26 (1) intended for use by the general public;
77-27 (2) generally informational, promotional, or
78-1 educational; and
78-2 (3) not essential to the achievement of a statutory
78-3 objective of the agency.
78-4 (b) Subsection (a) does not apply to:
78-5 (1) Texas Highways magazine;
78-6 (2) the Texas Parks and Wildlife magazine;
78-7 (3) publications of the Texas Commission on Alcohol
78-8 and Drug Abuse;
78-9 (4) attorney general opinions, advisories, and
78-10 decisions;
78-11 (5) comptroller opinions, revenue forecasts, and
78-12 fiscal analyses;
78-13 (6) newsletters;
78-14 (7) compilations of statutes or rules; or
78-15 (8) annual reports and other materials that are
78-16 required by law and the content of which includes only topics
78-17 provided by law.
78-18 (c) A state agency may not use appropriated money to publish
78-19 a publication that prominently displays the name or picture of a
78-20 person holding an office elected statewide.
78-21 (d) Except as provided by Subsection (e), a state agency may
78-22 not use appropriated money to publish a publication on
78-23 enamel-coated, cast-coated, or dull-coated printing stock or that
78-24 contains an average of more than one picture for each two pages of
78-25 the publication unless the agency imposes a fee for the publication
78-26 in an amount that recovers the cost of publication.
78-27 (e) Subsection (d) does not apply to a publication designed
79-1 to promote tourism or economic development, a publication of the
79-2 Texas School for the Deaf or the Texas School for the Blind and
79-3 Visually Impaired, or a publication of an institution of higher
79-4 education.
79-5 (f) A state agency or political subdivision that uses an
79-6 appropriation to publish free periodicals quarterly or more
79-7 frequently shall insert annually in three consecutive issues a
79-8 notice that anyone wishing to continue receiving the periodical
79-9 must so request in writing. The agency shall provide future issues
79-10 of the periodical only to persons who have requested it.
79-11 Sec. 2113.206. POSTAGE. (a) Except as provided by
79-12 Subsections (b) and (c), a state agency may use appropriated money
79-13 to purchase postage or rent a post office box only from the United
79-14 States Postal Service.
79-15 (b) An agency other than an institution of higher education
79-16 as defined by Section 61.003, Education Code, that spends for
79-17 postage in a fiscal year an amount that exceeds the dollar amount
79-18 set by the General Appropriations Act as the maximum expenditure
79-19 for stamps shall purchase or rent a postage meter machine and
79-20 record all purchases of postage on the machine except purchases of
79-21 postage for employees in field offices and traveling employees.
79-22 The rental of a postage meter machine by a state agency, including
79-23 an institution of higher education, the legislature, or an agency
79-24 in the legislative branch of state government, must be from a
79-25 company approved by the General Services Commission. That
79-26 commission by rule shall adopt procedures for the renting entity to
79-27 pay for postage.
80-1 (c) Subsection (a) does not apply to a reimbursement:
80-2 (1) to an authorized petty cash account;
80-3 (2) to a state employee for an emergency purchase of
80-4 postage or emergency payment of post office box rent; or
80-5 (3) authorized by the General Appropriations Act.
80-6 (d) A state agency shall remit to the comptroller an amount
80-7 received as a refund of postage for deposit to the credit of the
80-8 appropriation from which postage for the agency is paid.
80-9 (e) Except as provided by Subsection (b), the comptroller
80-10 shall adopt rules to implement this section after consultation with
80-11 the General Services Commission.
80-12 Sec. 2113.207. INDOOR PLANTS. A state agency may not use an
80-13 appropriation to purchase, lease, or maintain a live or artificial
80-14 indoor plant to be used only for aesthetic purposes.
80-15 Sec. 2113.208. STATE FACILITIES FOR MEETINGS AND
80-16 CONFERENCES. A state agency shall use state-owned or
80-17 state-occupied facilities for meetings and conferences and may not
80-18 use appropriated money to lease private facilities for these
80-19 purposes unless state facilities are not available when needed or
80-20 are not adequate to accommodate the meeting or conference.
80-21 (Sections 2113.209-2113.300 reserved for expansion
80-22 SUBCHAPTER E. SPECIFICALLY AUTHORIZED USES OF
80-23 GOODS AND SERVICES
80-24 Sec. 2113.301. EMPLOYEE AWARDS. (a) A state agency may use
80-25 appropriated money to purchase service awards, safety awards, or
80-26 other similar awards to be presented to employees for professional
80-27 achievement or outstanding service under rules adopted by the
81-1 agency.
81-2 (b) The cost of awards purchased under this section may not
81-3 exceed $50 for an individual employee.
81-4 Sec. 2113.302. VOLUNTEER AWARDS. (a) A state agency may
81-5 use an appropriation to purchase engraved certificates, plaques,
81-6 pins, or other similar awards to be presented to volunteers for
81-7 special achievement or outstanding service if the agency has
81-8 established a volunteer program under Chapter 2109 or other law.
81-9 (b) The cost of awards purchased under this section may not
81-10 exceed $50 for an individual volunteer.
81-11 Sec. 2113.303. EXAMINATION FEES. A state agency that
81-12 conducts examinations shall collect all fees charged to the person
81-13 being examined for each examination, including the cost of a
81-14 standardized examination instrument, and use appropriated money to
81-15 pay a provider of goods or services for a cost incurred by the
81-16 agency providing the examination.
81-17 SECTION 49. Section 2152.064, Government Code, is amended by
81-18 amending Subsection (b) and adding Subsection (d) to read as
81-19 follows:
81-20 (b) During January and July of each year, a state agency
81-21 shall file with the presiding officer of each house of the
81-22 legislature, [and] the presiding officers of the house
81-23 appropriations committee and the senate finance committee, and the
81-24 Legislative Budget Board a report that identifies each nonresident
81-25 bidder to whom the agency awarded a contract that has a value of
81-26 $25,000 or more for the purchase of supplies, materials, services,
81-27 or equipment during the six calendar months preceding the month in
82-1 which the report is filed, if the agency awarded such a contract
82-2 during the reporting period. For contracts with a value of
82-3 $250,000 or more, the agency shall include an explanation for the
82-4 need to use a nonresident bidder.
82-5 (d) In addition to the information required by Subsection
82-6 (b), a state agency shall include in the report to the Legislative
82-7 Budget Board a listing of the total value of all purchases from
82-8 nonresident bidders of supplies, materials, services, and equipment
82-9 during the six calendar months preceding the month in which the
82-10 report is filed. If the total amount reported is greater than $1
82-11 million or greater than 25 percent of the total value of all
82-12 purchases, the state agency shall include an explanation for the
82-13 need to use nonresident bidders.
82-14 SECTION 50. Section 2155.067(e), Government Code, is amended
82-15 to read as follows:
82-16 (e) If the commission, after considering all factors, takes
82-17 exception to the justifications, the commission shall purchase the
82-18 goods or services as requested and report the reasons for its
82-19 exception to the:
82-20 (1) members of the governing body and the agency head
82-21 [or the presiding officer of the agency's governing body];
82-22 (2) state auditor;
82-23 (3) Legislative Budget Board; and
82-24 (4) governor.
82-25 SECTION 51. Subchapter B, Chapter 2155, Government Code, is
82-26 amended by adding Section 2155.074 to read as follows:
82-27 Sec. 2155.074. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
83-1 commission or the governing board of an institution of higher
83-2 education acting either directly or through the commission or
83-3 another state agency may negotiate purchases of goods of any kind
83-4 needed by the state agency or institution of higher education with
83-5 the appropriate agency of the federal government.
83-6 (b) The price of goods that are purchased from the federal
83-7 government may not exceed the prevailing market value of the goods
83-8 or the real or intrinsic value if there is no market value.
83-9 (c) In negotiating purchases of goods under this section,
83-10 the commission or the governing board of the institution of higher
83-11 education may waive the requirement of a bidder's bond and
83-12 performance bond that otherwise would be required.
83-13 SECTION 52. Subchapter H, Chapter 2155, Government Code, is
83-14 amended by adding Section 2155.4441 to read as follows:
83-15 Sec. 2155.4441. SERVICE CONTRACTS. A state agency that
83-16 contracts for services shall require the contractor to purchase
83-17 products and materials produced in this state when they are
83-18 available at a price and time comparable to products and materials
83-19 produced outside this state.
83-20 SECTION 53. Subchapter H, Chapter 2155, Government Code, is
83-21 amended by adding Section 2155.449 to read as follows:
83-22 Sec. 2155.449. PREFERENCE FOR PRISON-PRODUCED GOODS. The
83-23 commission and other state agencies shall purchase goods produced
83-24 by the Texas Department of Criminal Justice when those goods are
83-25 equal to or lower in price than goods of comparable quality
83-26 available on the open market.
83-27 SECTION 54. Subchapter D, Chapter 2166, Government Code, is
84-1 amended by adding Section 2166.158 to read as follows:
84-2 Sec. 2166.158. FILING OF PROJECT ANALYSIS. Before any money
84-3 appropriated for a capital construction project may be spent, the
84-4 commission must file a completed project analysis with the budget
84-5 division of the governor's office, the Legislative Budget Board,
84-6 and the comptroller.
84-7 SECTION 55. Subchapter F, Chapter 2166, Government Code, is
84-8 amended by adding Section 2166.2551 to read as follows:
84-9 Sec. 2166.2551. CONTRACT NOTIFICATION. (a) Not later than
84-10 the 10th day after the date a state agency enters into a contract
84-11 under this chapter, the agency shall provide written notice, using
84-12 a form prescribed by the Legislative Budget Board, to:
84-13 (1) the Legislative Budget Board;
84-14 (2) the appropriations committee of the house of
84-15 representatives;
84-16 (3) the finance committee of the senate; and
84-17 (4) any committees of the house of representatives or
84-18 the senate that provide oversight for the state agency.
84-19 (b) Subsection (a) applies to any amendment, modification,
84-20 renewal, or extension of any contract subject to this section.
84-21 (c) Subsections (a) and (b) do not apply to a contract,
84-22 including any amendments, modifications, renewals, or extensions,
84-23 that has a total value of less than $1,000.
84-24 SECTION 56. Section 2170.001(a), Government Code, is amended
84-25 by adding Subdivision (3) to read as follows:
84-26 (3) "State agency" has the meaning assigned by Section
84-27 2151.002.
85-1 SECTION 57. Subchapter A, Chapter 2170, Government Code, is
85-2 amended by adding Sections 2170.009-2170.011 to read as follows:
85-3 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
85-4 station telephone may be located in the Capitol area only with the
85-5 approval of the commission. The commission shall collect the
85-6 revenue from the installation and operation of the pay telephones
85-7 and deposit it to the credit of the general revenue fund.
85-8 (b) In a state-owned or state-leased building or on
85-9 state-owned land to which Subsection (a) does not apply, a pay
85-10 telephone may be installed only with the approval of the governing
85-11 body of the state entity that has charge and control of the
85-12 building or land. The entity shall collect the revenue from the
85-13 installation and operation of the pay telephones and deposit it to
85-14 the credit of the general revenue fund.
85-15 (c) The commission or other state entity shall account for
85-16 the revenue collected under this section in the entity's annual
85-17 report.
85-18 Sec. 2170.010. COST OF NOT USING STATE TELEPHONE SYSTEM.
85-19 Each state agency shall advise agency employees that an employee
85-20 may be held liable for the difference in cost between a
85-21 telecommunications system call that does not use the state's
85-22 consolidated telecommunications system and a call that does unless:
85-23 (1) the executive head of the agency certifies to the
85-24 comptroller that an emergency existed;
85-25 (2) the commission determines that the call that did
85-26 not use the state's system is more cost-effective; or
85-27 (3) the state system is not available at the
86-1 employee's location.
86-2 Sec. 2170.011. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
86-3 state agency and its officers and employees may not use
86-4 appropriated money to buy or rent or pay toll charges for a
86-5 telephone for which the telephone number is not listed or available
86-6 from directory assistance to the general public unless the unlisted
86-7 telephone number is used:
86-8 (1) to provide access to computers, telephone system
86-9 control centers, long-distance networks, elevator control systems,
86-10 and other tone controlled devices for which restricted access to
86-11 the telephone number is justified for security or other purposes;
86-12 (2) in narcotics undercover operations; or
86-13 (3) in the detection of illegal sales of securities.
86-14 SECTION 58. Section 2170.051, Government Code, is amended to
86-15 read as follows:
86-16 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
86-17 commission shall manage the operation of a system of
86-18 telecommunications services for all state agencies. Each agency
86-19 shall identify its particular requirements for telecommunications
86-20 services and the site at which the services are to be provided.
86-21 (b) The commission shall fulfill the telecommunications
86-22 requirements of each state agency to the extent possible and to the
86-23 extent that money is appropriated or available for that purpose.
86-24 (c) A state agency shall use the consolidated
86-25 telecommunications system to the fullest extent possible. A state
86-26 agency may not acquire telecommunications services unless the
86-27 commission and the Department of Information Resources determine
87-1 that the agency's requirement for telecommunications services
87-2 cannot be met by the consolidated telecommunications system.
87-3 (d) A state agency may not enter into or renew a contract
87-4 with a carrier or other provider of telecommunications services
87-5 without obtaining a waiver from the commission and the Department
87-6 of Information Resources certifying that the requested
87-7 telecommunications services cannot be provided at a reasonable cost
87-8 on the consolidated telecommunications system. The commission and
87-9 the department shall evaluate requests for waivers based on
87-10 cost-effectiveness to the state government as a whole. A waiver may
87-11 be granted for a specific period and will automatically expire on
87-12 the stated expiration date unless an extension is approved by the
87-13 commission and the department. A contract for telecommunications
87-14 services obtained under waiver may not extend beyond the expiration
87-15 date of the waiver.
87-16 SECTION 59. Chapter 2203, Government Code, is amended by
87-17 adding Sections 2203.004-2203.006 to read as follows:
87-18 Sec. 2203.004. PREPARATION AND SALE OF HEARINGS TRANSCRIPTS.
87-19 (a) Proceeds from the sale of transcripts made by a hearings
87-20 reporter who is a state employee shall be deposited in the state
87-21 treasury if the copies of the transcript are made on state time or
87-22 using state supplies or equipment.
87-23 (b) A state agency that allows its employees to keep the
87-24 proceeds from the sale of transcripts shall develop procedures to
87-25 assure that neither state equipment nor supplies are used to
87-26 prepare copies of the transcripts.
87-27 Sec. 2203.005. REQUIREMENT TO USE STATE PROPERTY FOR STATE
88-1 PURPOSES. State property may be used only for state purposes. A
88-2 person may not entrust state property to a state officer or
88-3 employee or to any other person if the property is not to be used
88-4 for state purposes.
88-5 Sec. 2203.006. VENDING MACHINES AUTHORIZED. (a) In a
88-6 state-owned or state-leased building or on state-owned or
88-7 state-leased property that is not served by a vendor operating
88-8 under the supervision of the Texas Commission for the Blind, a
88-9 vending machine may be located in the building or on the property
88-10 only with the approval of the governing body of the state agency
88-11 that has charge and control of the building or property. The
88-12 approval must be recorded in the minutes of a meeting of the
88-13 governing body.
88-14 (b) The state agency shall file with the General Services
88-15 Commission a copy of all contracts between the state agency and the
88-16 vendor related to the vending machine and a written description of
88-17 the location of the vending machine.
88-18 (c) All rentals, commissions, or other net revenue the state
88-19 agency receives in connection with the vending machine shall be
88-20 accounted for as state money. The agency shall account for the
88-21 revenue received under this section in the agency's annual report
88-22 prepared as required by the General Appropriations Act.
88-23 (d) In a state-owned or state-leased building or on
88-24 state-owned or state-leased property that is served by a vendor
88-25 operating under the supervision of the Texas Commission for the
88-26 Blind, a vending machine may be located and operated in the
88-27 building or on the property only under a joint contract with the
89-1 owners of the vending machine and the vendor operating under the
89-2 supervision of the Texas Commission for the Blind.
89-3 SECTION 60. Subchapter A, Chapter 2254, Government Code, is
89-4 amended by adding Section 2254.0031 to read as follows:
89-5 Sec. 2254.0031. INDEMNIFICATION. A state agency may require
89-6 the contractor to indemnify or hold harmless the state from claims
89-7 and liabilities resulting from the negligent acts or omissions of
89-8 the contractor or persons employed by the contractor. A state
89-9 agency may not require a contractor to indemnify or hold harmless
89-10 the state for claims or liabilities resulting from the negligent
89-11 acts or omissions of the agency or its employees.
89-12 SECTION 61. Subchapter A, Chapter 2254, Government Code, is
89-13 amended by adding Section 2254.006 to read as follows:
89-14 Sec. 2254.006. CONTRACT NOTIFICATION. (a) Not later than
89-15 the 10th day after the date a state agency enters into a contract
89-16 under this subchapter, the agency shall provide written notice,
89-17 using a form prescribed by the Legislative Budget Board, to:
89-18 (1) the Legislative Budget Board;
89-19 (2) the appropriations committee of the house of
89-20 representatives;
89-21 (3) the finance committee of the senate; and
89-22 (4) any committees of the house of representatives or
89-23 the senate that provide oversight for the state agency.
89-24 (b) Subsection (a) applies to any amendment, modification,
89-25 renewal, or extension of any contract subject to this section.
89-26 (c) Subsections (a) and (b) do not apply to a contract,
89-27 including any amendments, modifications, renewals, or extensions,
90-1 that:
90-2 (1) has a total value of less than $1,000; or
90-3 (2) is for medical or optometric services.
90-4 (d) In this section, "state agency" has the meaning assigned
90-5 by Section 2151.002.
90-6 SECTION 62. Subchapter B, Chapter 2254, Government Code, is
90-7 amended by adding Section 2254.0301 to read as follows:
90-8 Sec. 2254.0301. CONTRACT NOTIFICATION. (a) Not later than
90-9 the 10th day after the date a state agency enters into a contract
90-10 under this subchapter, the agency shall provide written notice,
90-11 using a form prescribed by the Legislative Budget Board, to:
90-12 (1) the Legislative Budget Board;
90-13 (2) the appropriations committee of the house of
90-14 representatives;
90-15 (3) the finance committee of the senate; and
90-16 (4) any committees of the house of representatives or
90-17 the senate that provide oversight for the state agency.
90-18 (b) Subsection (a) applies to any amendment, modification,
90-19 renewal, or extension of any contract subject to this section.
90-20 (c) Subsections (a) and (b) do not apply to a contract,
90-21 including any amendments, modifications, renewals, or extensions,
90-22 that has a total value of less than $1,000.
90-23 (d) In this section, "state agency" has the meaning assigned
90-24 by Section 2151.002.
90-25 SECTION 63. Section 2256.005, Government Code, is amended by
90-26 adding Subsection (n) to read as follows:
90-27 (n) The investment officer of an investing entity shall
91-1 submit a quarterly investment report to the governing body of the
91-2 investing entity. For each individual investment as of the date of
91-3 the report, the report must describe:
91-4 (1) the carrying value;
91-5 (2) the market value;
91-6 (3) the maturity date; and
91-7 (4) the account or fund in the investing entity's
91-8 budget that provided the funding.
91-9 SECTION 64. Subchapter D, Chapter 11, Natural Resources
91-10 Code, is amended by adding Section 11.0791 to read as follows:
91-11 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
91-12 LANDS. (a) When a state governmental entity, including a river
91-13 authority, sells state land, the entity shall require that the
91-14 state have the right of ingress and egress to remaining state land
91-15 in the immediate area by an easement to a public thoroughfare.
91-16 (b) A state governmental entity, including a river
91-17 authority, may not spend state money, including money passed
91-18 through the entity from another source or bond money guaranteed by
91-19 the state, for any purpose not specifically authorized by statute
91-20 with a person who denies the state access by easement to landlocked
91-21 state properties.
91-22 SECTION 65. Subchapter D, Chapter 11, Natural Resources
91-23 Code, is amended by adding Section 11.083 to read as follows:
91-24 Sec. 11.083. RETENTION OF MINERAL RIGHTS. If it is
91-25 practical to do so, the state shall retain the mineral rights to
91-26 state land that is sold.
91-27 SECTION 66. Section 34.057, Natural Resources Code, is
92-1 amended by adding Subsections (e) and (f) to read as follows:
92-2 (e) A board shall include a provision in all mineral leases
92-3 to allow the taking in kind of any royalties due to the state.
92-4 Before buying oil, gas, coal, lignite, or other natural resources
92-5 used in the production of energy, the Parks and Wildlife Department
92-6 and the Texas Department of Criminal Justice shall each use, to the
92-7 greatest extent practical, resources produced from land it owns to
92-8 meet its energy requirements.
92-9 (f) A board may include a provision in leases providing for
92-10 placing state meters on all gas wells at the wellhead to monitor
92-11 the amount of gas taken.
92-12 SECTION 67. Sections 660.005, 660.022, 660.023, 660.026,
92-13 660.043, 660.044, 660.045, 660.046, 660.050, 660.051, 660.053, and
92-14 660.054, Government Code, are repealed.
92-15 SECTION 68. This Act takes effect September 1, 1997.
92-16 SECTION 69. The importance of this legislation and the
92-17 crowded condition of the calendars in both houses create an
92-18 emergency and an imperative public necessity that the
92-19 constitutional rule requiring bills to be read on three several
92-20 days in each house be suspended, and this rule is hereby suspended.