1-1 By: Ratliff S.B. No. 31
1-2 (In the Senate - Filed March 24, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Finance; April 1, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 13, Nays 0; April 1, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 31 By: Ratliff
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the powers and duties of agencies in the executive,
1-10 legislative, and judicial branches of state government, including
1-11 authorizations for and restrictions on the use of state funds and
1-12 the compensation of employees and contractors.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 321, Government Code, is amended by
1-15 adding Section 321.0137 to read as follows:
1-16 Sec. 321.0137. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM
1-17 AUDIT. A historically underutilized business program audit is an
1-18 audit to determine, according to the established program rules,
1-19 whether an agency is making a good faith effort to comply with the
1-20 program authorized in Chapter 2161, including whether the agency
1-21 has:
1-22 (1) adopted and complied with rules, strategic plans,
1-23 and procedures governing the agency's historically underutilized
1-24 business contract awards in accordance with the General Services
1-25 Commission's rules;
1-26 (2) used the General Services Commission's
1-27 historically underutilized business list and other sources to
1-28 identify historically underutilized businesses that can, and are
1-29 available to, meet agency needs;
1-30 (3) made marketing and outreach efforts to
1-31 historically underutilized businesses;
1-32 (4) designated an employee with appropriate experience
1-33 and authority to serve as the agency's historically underutilized
1-34 business coordinator;
1-35 (5) established objective measures in performance
1-36 evaluations for all employees involved in negotiating or making
1-37 contracting decisions to measure improvements in the agency's
1-38 historically underutilized business participation; and
1-39 (6) submitted valid data for historically
1-40 underutilized business reporting to the commission.
1-41 SECTION 2. Subsection (c), Section 321.014, Government Code,
1-42 is amended to read as follows:
1-43 (c) The State Auditor shall submit each report to the
1-44 committee prior to publication. The State Auditor shall file a
1-45 copy of each report prepared under this section with:
1-46 (1) the governor;
1-47 (2) the lieutenant governor;
1-48 (3) the speaker of the house of representatives;
1-49 (4) the secretary of state;
1-50 (5) the Legislative Reference Library;
1-51 (6) the chairman of the governing body and the
1-52 administrative head of each entity that is the subject of the
1-53 report; [and]
1-54 (7) members of the legislature on a committee with
1-55 oversight responsibility for the entity or program that is the
1-56 subject of the report; and
1-57 (8) the General Services Commission, for those audits
1-58 conducted under Section 321.0137.
1-59 SECTION 3. Section 324.008, Government Code, is amended by
1-60 adding Subsections (d) and (e) to read as follows:
1-61 (d) The governing body of a state agency shall deliver to
1-62 the library immediately after transcription a certified copy of the
1-63 minutes of any meeting of the governing body. Any changes or
1-64 corrections to the minutes shall also be delivered to the library.
2-1 (e) For purposes of this section, "state agency" has the
2-2 meaning assigned by Sections 2151.002(2)(A) and (C).
2-3 SECTION 4. Section 325.011, Government Code, is amended to
2-4 read as follows:
2-5 Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
2-6 staff shall consider the following criteria in determining whether
2-7 a public need exists for the continuation of a state agency or its
2-8 advisory committees or for the performance of the functions of the
2-9 agency or its advisory committees:
2-10 (1) the efficiency with which the agency or advisory
2-11 committee operates;
2-12 (2) an identification of the objectives intended for
2-13 the agency or advisory committee and the problem or need that the
2-14 agency or advisory committee was intended to address, the extent to
2-15 which the objectives have been achieved, and any activities of the
2-16 agency in addition to those granted by statute and the authority
2-17 for these activities;
2-18 (3) an assessment of less restrictive or alternative
2-19 methods of performing any regulation that the agency performs that
2-20 could adequately protect the public;
2-21 (4) the extent to which the advisory committee is
2-22 needed and is used;
2-23 (5) the extent to which the jurisdiction of the agency
2-24 and the programs administered by the agency overlap or duplicate
2-25 those of other agencies and the extent to which the programs
2-26 administered by the agency can be consolidated with the programs of
2-27 other state agencies;
2-28 (6) whether the agency has recommended to the
2-29 legislature statutory changes calculated to be of benefit to the
2-30 public rather than to an occupation, business, or institution that
2-31 the agency regulates;
2-32 (7) the promptness and effectiveness with which the
2-33 agency disposes of complaints concerning persons affected by the
2-34 agency;
2-35 (8) the extent to which the agency has encouraged
2-36 participation by the public in making its rules and decisions as
2-37 opposed to participation solely by those it regulates and the
2-38 extent to which the public participation has resulted in rules
2-39 compatible with the objectives of the agency;
2-40 (9) the extent to which the agency has complied with
2-41 applicable requirements of an agency of the United States or of
2-42 this state regarding equality of employment opportunity and the
2-43 rights and privacy of individuals;
2-44 (10) the extent to which changes are necessary in the
2-45 enabling statutes of the agency so that the agency can adequately
2-46 comply with the criteria listed in this section;
2-47 (11) the extent to which the agency issues and
2-48 enforces rules relating to potential conflicts of interest of its
2-49 employees;
2-50 (12) the extent to which the agency complies with
2-51 Chapter 552[,] and with Chapter 551; [and]
2-52 (13) the extent to which the agency has complied with
2-53 requirements of state statutes and state agency rules regarding
2-54 purchasing goals and programs for historically underutilized
2-55 businesses; and
2-56 (14) the effect of federal intervention or loss of
2-57 federal funds if the agency is abolished.
2-58 SECTION 5. Subchapter B, Chapter 403, Government Code, is
2-59 amended by adding Sections 403.0131 and 403.0132 to read as
2-60 follows:
2-61 Sec. 403.0131. REPORT TO LEGISLATURE. As soon as practical
2-62 after the comptroller certifies the appropriations made by the
2-63 legislature in a regular or special session, the comptroller shall
2-64 prepare a summary table for the legislature that details the basis
2-65 for the certification of all major funds. The table must be
2-66 similar in format and detail to the major estimates summary tables
2-67 published in the comptroller's biennial revenue estimate and shall
2-68 include the biennial appropriations from all major funds.
2-69 Sec. 403.0132. REPORT OF EXPENDITURES BY STATE AGENCY IN
3-1 COUNTY. (a) The comptroller shall prepare an annual report
3-2 detailing the expenditures by state agencies in each county.
3-3 (b) The report must include:
3-4 (1) the total expenditures by each agency in each
3-5 county; and
3-6 (2) the type of expenditure by object or other
3-7 classification as determined by the comptroller.
3-8 (c) The comptroller shall, if possible, report all
3-9 expenditures from funds in the state treasury to reflect the
3-10 delivery of goods and services by county. The comptroller shall
3-11 estimate the expenditures by county in all other circumstances.
3-12 (d) Each state agency shall provide the comptroller with the
3-13 necessary information to complete the report.
3-14 (e) Not later than December 1 of each year, the comptroller
3-15 shall file a copy of the report with the governor, the lieutenant
3-16 governor, the speaker of the house of representatives, and the
3-17 Legislative Budget Board.
3-18 SECTION 6. Section 403.021, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 403.021. ENCUMBRANCE REPORTS. (a) A state agency that
3-21 expends appropriated funds shall report into the uniform statewide
3-22 accounting system all payables and binding encumbrances for the
3-23 first three quarters of the current appropriation year within 30
3-24 days after the close of each quarter. Binding encumbrances for all
3-25 appropriation years shall be reported annually not later than
3-26 September 30 of each fiscal [submit a binding encumbrance report to
3-27 the comptroller and the state auditor no later than October 30 of
3-28 each] year.
3-29 (b) The report must indicate the unencumbered balance, if
3-30 any, of each nonconstruction appropriation for the preceding fiscal
3-31 quarter [year]. The report must be made in the format that the
3-32 comptroller prescribes. The comptroller may reject a report if it
3-33 does not contain sufficient information or comply with the
3-34 comptroller's prescribed format.
3-35 (c) On October 31 of each year, the comptroller shall lapse
3-36 all unencumbered balances based on information in the binding
3-37 encumbrance reports for the preceding fiscal year.
3-38 (d) If an agency has not submitted a report by October 31,
3-39 the comptroller shall lapse the unexpended balance of the agency's
3-40 appropriations. If the agency subsequently submits a report, the
3-41 comptroller shall reinstate the agency's appropriations to the
3-42 extent they were encumbered but unexpended.
3-43 (e) If a state agency submits a claim that is legally
3-44 payable against an appropriation for an earlier year and the
3-45 balance of the appropriation is insufficient to pay the claim, then
3-46 the comptroller may reopen the appropriation to pay the claim. A
3-47 claim is legally payable from an appropriation only if the
3-48 appropriation was encumbered to pay the claim before the expiration
3-49 of the appropriation.
3-50 (f) Each state agency shall reconcile all expenditures,
3-51 binding encumbrances, payables, and accrued expenditures, as
3-52 reported in the uniform statewide accounting system, with the state
3-53 agency's strategic planning and budget structure, as reported in
3-54 the automated budget and evaluation system prescribed by the
3-55 Legislative Budget Board.
3-56 (g)(1) In addition to submitting the binding encumbrance
3-57 reports required by Subsections (a) through (e), a state agency
3-58 that expends appropriated funds shall submit a nonbinding
3-59 encumbrance report each month to the comptroller through the
3-60 uniform statewide accounting system. A report is due not [no]
3-61 later than the 45th day after the end of the month covered by the
3-62 report.
3-63 (2) On receipt of a report, the comptroller shall
3-64 provide the information in the report to the Legislative Budget
3-65 Office and the state auditor.
3-66 (3) A state agency may use electronic media transfer
3-67 of data to satisfy the requirements of this subsection.
3-68 [(4) This subsection does not apply until the uniform
3-69 statewide accounting system is fully implemented.]
4-1 (h) [(g)] The comptroller may adopt rules to administer this
4-2 section.
4-3 SECTION 7. Subchapter C, Chapter 552, Government Code, is
4-4 amended by adding Section 552.125 to read as follows:
4-5 Sec. 552.125. EXCEPTION: CERTAIN DOCUMENTS SUBMITTED FOR
4-6 CERTIFICATION AS HISTORICALLY UNDERUTILIZED BUSINESS. All
4-7 financial and other types of private, confidential documentation
4-8 and information submitted for the purpose of determining economic
4-9 status and ownership interests of businesses under Chapter 2161 are
4-10 excepted from the requirements of Section 552.021.
4-11 SECTION 8. Subchapter B, Chapter 656, Government Code, is
4-12 amended by adding Section 656.026 to read as follows:
4-13 Sec. 656.026. JOB NOTICE POSTING WAIVER. A state agency is
4-14 not required to comply with the requirements of this subchapter or
4-15 Subchapter A when the agency transfers or reassigns an employee as
4-16 part of a reorganization or merger mandated by the legislature if
4-17 the executive head of the agency certifies that the transfer or
4-18 reassignment is necessary for the proper implementation of the
4-19 reorganization or merger.
4-20 SECTION 9. Subsection (a), Section 658.005, Government Code,
4-21 is amended to read as follows:
4-22 (a) Normal office hours of a state agency are from 8 a.m. to
4-23 5 p.m., Monday through Friday. These hours are the regular working
4-24 hours for a full-time state employee. The offices of a state
4-25 agency shall remain open during the noon hour each working day with
4-26 at least one person on duty to accept calls, receive visitors, or
4-27 transact business.
4-28 SECTION 10. Section 658.006, Government Code, is amended to
4-29 read as follows:
4-30 Sec. 658.006. STAGGERED WORKING HOURS[; CAPITOL AREA IN
4-31 AUSTIN]. Normal working hours for employees of a state agency [in
4-32 the Capitol area in Austin] may be staggered [as authorized by the
4-33 General Appropriations Act] for traffic regulation or public
4-34 safety.
4-35 SECTION 11. Chapter 658, Government Code, is amended by
4-36 adding Section 658.008 to read as follows:
4-37 Sec. 658.008. MEMBERS OF NATIONAL GUARD OR RESERVES. To
4-38 facilitate participation in military duties by state employees,
4-39 each state agency, including each institution of higher education
4-40 as defined by Section 61.003, Education Code, shall adjust the work
4-41 schedule of any employee who is a member of the Texas National
4-42 Guard or the United States Armed Forces Reserves so that two of the
4-43 employee's days off work each month coincide with two days of
4-44 military duty to be performed by the employee.
4-45 SECTION 12. Subchapter A, Chapter 659, Government Code, is
4-46 amended by adding Sections 659.004 through 659.007 to read as
4-47 follows:
4-48 Sec. 659.004. PAYROLL REPORTING. (a) The comptroller, in
4-49 consultation with the state auditor, shall adopt rules that
4-50 prescribe uniform procedures for payroll reporting for all state
4-51 agencies and that are designed to:
4-52 (1) facilitate the auditing of payrolls;
4-53 (2) assure conformity with this chapter and the
4-54 General Appropriations Act; and
4-55 (3) provide the legislative audit committee with
4-56 current information on employment and wage rate practices in state
4-57 government.
4-58 (b) In this section, "state agency" has the meaning assigned
4-59 by Section 2151.002.
4-60 Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction
4-61 may not be made from the salary or wages of a state employee
4-62 because the employee is called for jury service, including a
4-63 deduction for any fee or compensation the employee receives for the
4-64 jury service.
4-65 (b) A state officer or employee who appears as a witness in
4-66 an official capacity in a judicial proceeding or legislative
4-67 hearing may not accept or receive a witness fee for the appearance.
4-68 (c) A state officer or employee who appears as a witness in
4-69 an unofficial capacity in a judicial proceeding or legislative
5-1 hearing to testify from personal knowledge concerning matters
5-2 related to the proceeding or hearing is entitled to receive any
5-3 customary witness fees for the appearance.
5-4 (d) A state officer or employee who appears as an expert
5-5 witness in a judicial proceeding or legislative hearing may accept
5-6 compensation for the appearance only if the person is not also
5-7 compensated by the state for the person's time in making the
5-8 appearance and may accept reimbursement for travel expenses only if
5-9 the expenses are not reimbursed by the state.
5-10 (e) A state officer or employee may receive reimbursement
5-11 for travel and a per diem or reimbursement for expenses connected
5-12 to an appearance in an official capacity as a witness in a judicial
5-13 proceeding or legislative hearing only from the state or the
5-14 judicial body.
5-15 Sec. 659.006. WITHHOLDINGS, DEDUCTIONS, AND MATCHING
5-16 CONTRIBUTIONS: TAX AND RETIREMENT LAWS. (a) The state shall
5-17 withhold money from salaries and wages paid to state officers and
5-18 employees in accordance with applicable federal law, including
5-19 federal law relating to withholding for purposes of the federal
5-20 income tax or social security. The state shall make any required
5-21 employer contributions in accordance with applicable federal law.
5-22 (b) The state also shall withhold money from salaries and
5-23 wages paid to state officers and employees in accordance with
5-24 applicable state retirement laws. The state shall make required
5-25 matching contributions in accordance with those laws on payroll
5-26 forms prescribed by the comptroller.
5-27 (c) The comptroller shall issue warrants in accordance with
5-28 this section.
5-29 Sec. 659.007. ADJUSTMENT FOR INACCURATE PAYMENT. The
5-30 comptroller by rule shall prescribe procedures for state agencies
5-31 to follow in making adjustments to payrolls for the pay period
5-32 immediately following the period in which an inaccurate payment or
5-33 deduction is made or in which other error occurs.
5-34 SECTION 13. Subchapter B, Chapter 659, Government Code, is
5-35 amended by adding Sections 659.015 through 659.017 to read as
5-36 follows:
5-37 Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
5-38 FAIR LABOR STANDARDS ACT. (a) This section applies only to a
5-39 state employee who is subject to the overtime provisions of the
5-40 federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
5-41 seq.) and who is not an employee of the legislature, including an
5-42 employee of the lieutenant governor, or of a legislative agency.
5-43 (b) The employee is entitled to compensation for overtime as
5-44 provided by this section and federal law. To the extent that this
5-45 section and federal law prescribe a different rule for the same
5-46 circumstance, federal law controls without regard to whether this
5-47 section or federal law prescribes a stricter rule.
5-48 (c) An employee who is required to work more than 40 hours
5-49 in a workweek is entitled to compensation for the overtime hours:
5-50 (1) by taking compensatory time off at the rate of
5-51 1-1/2 hours off for each hour of accrued overtime, if the employing
5-52 agency allows or requires the employee to do so; or
5-53 (2) by receiving pay for the overtime hours at the
5-54 rate of 1-1/2 times the employee's regular hourly rate of pay, if
5-55 the employing agency determines it is impractical for the employee
5-56 to take compensatory time off as compensation for the overtime.
5-57 (d) Holidays or other paid leave taken during a workweek are
5-58 not counted as hours worked in computing the number of overtime
5-59 hours under Subsection (c) or (e).
5-60 (e) An employee may not accumulate more than 240 hours of
5-61 overtime credit that may be taken as compensatory leave under
5-62 Subsection (c)(1), except that an employee engaged in a public
5-63 safety activity, an emergency response activity, or a seasonal
5-64 activity may accumulate, in accordance with 29 U.S.C. Section
5-65 207(o)(3)(A), not more than 480 hours of overtime credit that may
5-66 be taken as compensatory leave under Subsection (c)(1). An
5-67 employee must be paid at the rate prescribed by Subsection (c)(2)
5-68 for the number of overtime hours the employee works that cause the
5-69 employee to exceed the amount of overtime credit the employee may
6-1 accumulate. In this subsection, "overtime credit" means the number
6-2 of hours that is computed by multiplying the number of overtime
6-3 hours worked by 1-1/2.
6-4 (f) When an employee does not work more than 40 hours in a
6-5 workweek but the number of hours worked plus the number of hours of
6-6 holiday or other paid leave taken during the workweek exceeds 40
6-7 hours, the employee is entitled to compensatory time off at the
6-8 rate of one hour off for each of the excess hours. When an
6-9 employee does work 40 or more hours in a workweek and in addition
6-10 takes holiday or other paid leave during the workweek, and the
6-11 total number of hours worked exceeds 40 after subtraction of the
6-12 hours compensable under Subsections (c)-(e), the employee is
6-13 entitled to compensatory time off at the rate of one hour off for
6-14 each of the hours in excess of 40. When an employee does not work
6-15 more than 40 hours in a workweek and the number of hours worked
6-16 plus the number of hours of holiday or other paid leave taken
6-17 during the week does not exceed 40 hours, the employee may not
6-18 accrue compensatory time for the week under this section.
6-19 (g) Compensatory time off to which an employee is entitled
6-20 under Subsection (f) because of excess hours in a workweek
6-21 attributable to having taken holiday or other paid leave must be
6-22 taken during the 12-month period following the end of the workweek
6-23 in which the compensatory time is accrued or it lapses. An
6-24 employee may not be paid for that compensatory time. However, an
6-25 employee of an institution of higher education as defined by
6-26 Section 61.003, Education Code, or an employee engaged in a public
6-27 safety activity, including highway construction and maintenance or
6-28 an emergency response activity, may be paid at any time at the
6-29 employee's regular rate of pay for that compensatory time if the
6-30 employer determines that taking the compensatory time off would
6-31 disrupt normal teaching, research, or other critical functions.
6-32 (h) Hospital, fire protection, and law enforcement
6-33 personnel, including security personnel in correctional
6-34 institutions, are governed by the federal Fair Labor Standards Act
6-35 of 1938 (29 U.S.C. Section 201 et seq.) provisions applicable to
6-36 those employees, including the exceptions to the standard overtime
6-37 computation for a workweek.
6-38 Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT
6-39 SUBJECT TO FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This
6-40 section applies only to a state employee who is not subject to the
6-41 overtime provisions of the federal Fair Labor Standards Act of 1938
6-42 (29 U.S.C. Section 201 et seq.) and who is not an employee of the
6-43 legislature, including an employee of the lieutenant governor, or
6-44 of a legislative agency.
6-45 (b) When the sum of hours worked plus holiday or other paid
6-46 leave taken by an employee during a workweek exceeds 40 hours, and
6-47 not otherwise, the employee may be allowed to accrue compensatory
6-48 time for the number of hours that exceeds 40 hours.
6-49 (c) An employee who is exempt as an executive, professional,
6-50 or administrative employee under 29 U.S.C. Section 213(a)(1) may be
6-51 allowed compensatory time off during the 12-month period following
6-52 the end of the workweek in which the overtime was accrued, at a
6-53 rate not to exceed one hour of compensatory time off for each hour
6-54 of overtime accrued.
6-55 (d) In accordance with 29 C.F.R. Section 541.118 and subject
6-56 to that section's exceptions as described by this section, an
6-57 employee who is exempt as an executive, professional, or
6-58 administrative employee under 29 U.S.C. Section 213(a)(1) is
6-59 entitled to receive full salary for any week in which the employee
6-60 performs work without regard to the number of days and hours
6-61 worked. This is also subject to the general rule that an employee
6-62 need not be paid for any workweek in which the employee performs no
6-63 work.
6-64 (e) A deduction may be made from the salary of an employee
6-65 who is exempt as an executive, professional, or administrative
6-66 employee under 29 U.S.C. Section 213(a)(1) if:
6-67 (1) the employee is not at work for a full day or
6-68 longer for personal reasons other than sickness, accident, jury
6-69 duty, attendance as a witness at a judicial proceeding, or
7-1 temporary military leave;
7-2 (2) the employee is not at work for a full day or
7-3 longer because of sickness or disability, including sickness or
7-4 disability covered by workers' compensation benefits, and the
7-5 employee's paid sick leave or workers' compensation benefits have
7-6 been exhausted;
7-7 (3) the deduction is a penalty imposed for a violation
7-8 of a significant safety rule relating to prevention of serious
7-9 danger in the workplace to other persons, including other
7-10 employees; or
7-11 (4) in accordance with the special provisions
7-12 applicable to executive, professional, or administrative employees
7-13 of public agencies set forth in 29 C.F.R. Section 541.5d, the
7-14 employee is not at work for less than one day for personal reasons
7-15 or because of illness or injury and accrued leave is not used by
7-16 the employee because:
7-17 (A) permission to use accrued leave was not
7-18 sought or was denied;
7-19 (B) accrued leave has been exhausted; or
7-20 (C) the employee chooses to use leave without
7-21 pay.
7-22 (f) In accordance with 29 C.F.R. Section 541.5d, a deduction
7-23 from the pay of an executive, professional, or administrative
7-24 employee because of an absence from work caused by a furlough
7-25 related to the budget does not affect the employee's status as an
7-26 employee paid on a salary basis, except for any workweek in which
7-27 the furlough occurs and for which the employee's pay is accordingly
7-28 reduced.
7-29 (g) If a deduction is made from an employee's salary in
7-30 violation of United States Department of Labor regulations, the
7-31 employee is entitled to retroactive reimbursement of the amount
7-32 that should not have been deducted.
7-33 (h) An employee who is not subject to the federal Fair Labor
7-34 Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C) because
7-35 the employee is a staff member, appointee, or immediate adviser of
7-36 an elected officeholder may be allowed compensatory time off under
7-37 the terms and conditions determined by the officeholder.
7-38 (i) An employee covered by this section may not be paid for
7-39 any unused compensatory time.
7-40 Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE
7-41 EMPLOYEES. Consistent with the requirements of the federal Fair
7-42 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
7-43 overtime pay and compensatory time off for employees of the
7-44 legislative branch, including employees of the lieutenant governor,
7-45 are determined as follows:
7-46 (1) for employees of the house of representatives or
7-47 the senate, by the presiding officer of the appropriate house of
7-48 the legislature;
7-49 (2) for employees of an elected officeholder, by the
7-50 employing officeholder; and
7-51 (3) for employees of a legislative agency, by the
7-52 administrative head of the agency.
7-53 SECTION 14. Section 659.081, Government Code, is amended to
7-54 read as follows:
7-55 Sec. 659.081. Payment Once a Month. Except as provided by
7-56 this subchapter or the General Appropriations Act, annual salaries
7-57 for state officers and employees shall be paid once a month.
7-58 SECTION 15. Subchapter F, Chapter 659, Government Code, is
7-59 amended by adding Section 659.085 to read as follows:
7-60 Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
7-61 PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
7-62 monthly salary for an annual employee who maintains a 40-hour
7-63 workweek and is covered under Chapter 658 is computed by dividing
7-64 the annual salary for the person's position set in or in accordance
7-65 with the General Appropriations Act by 12.
7-66 (b) For purposes of partial payment or other applicable
7-67 situations, the employee's hourly rate of pay for a given month is
7-68 computed by dividing the employee's monthly salary by the number of
7-69 working hours in the month. When the employee is on leave without
8-1 pay, compensation for the pay period is reduced by an amount
8-2 computed by multiplying the employee's hourly rate of pay times the
8-3 number of hours the employee was on leave without pay.
8-4 (c) The salary rate of a part-time employee must be
8-5 proportional to the regular salary for the position set in or in
8-6 accordance with the General Appropriations Act.
8-7 (d) An agency that may contract with its employees for
8-8 employment for less than a 12-month period may make equal monthly
8-9 salary payments under the contract during the contract period.
8-10 SECTION 16. Subsection (c), Section 661.033, Government
8-11 Code, is amended to read as follows:
8-12 (c) Payment under this section may not be for more than:
8-13 (1) all of the state employee's accumulated vacation
8-14 leave; and
8-15 (2) one-half of the state employee's accumulated sick
8-16 leave or 336 hours of sick leave, whichever is less.
8-17 SECTION 17. Section 661.062, Government Code, is amended by
8-18 amending Subsections (a) and (b) and adding Subsection (f) to read
8-19 as follows:
8-20 (a) A state employee who, at any time during the employee's
8-21 lifetime, has accrued six months of continuous state employment and
8-22 who resigns, is dismissed, or otherwise [for any reason] separates
8-23 from state employment is entitled to be paid for the accrued
8-24 balance of the employee's vacation time as of the date of
8-25 separation, if the individual is not reemployed by the state during
8-26 the 30-day period immediately following the date of separation from
8-27 state employment in a position under which the employee accrues
8-28 vacation leave.
8-29 (b) A separation from state employment includes a separation
8-30 in which the employee:
8-31 (1) leaves one state agency to begin working for
8-32 another state agency[, if one or more workdays occur between the
8-33 two employments];
8-34 (2) moves from a position in a state agency that
8-35 accrues vacation time to a position in that agency that does not
8-36 accrue vacation time, if the agency agrees to pay the employee for
8-37 the accrued balance of the employee's vacation time;
8-38 (3) moves from a position in a state agency that
8-39 accrues vacation time to a position in another state agency that
8-40 does not accrue vacation time, if the other state agency refuses to
8-41 credit the employee for the balance of the employee's vacation time
8-42 as of the date of the move; or
8-43 (4) holds two or more positions, and separates from
8-44 one that accrues vacation time.
8-45 (f) Payment for accrued vacation leave for employees of the
8-46 legislative branch, including employees of the lieutenant governor,
8-47 is determined as follows:
8-48 (1) for employees of either house of the legislature,
8-49 a member of the legislature, or the lieutenant governor, by the
8-50 presiding officer of the appropriate house of the legislature; and
8-51 (2) for employees of a legislative agency, by the
8-52 administrative head of the agency.
8-53 SECTION 18. Chapter 661, Government Code, is amended by
8-54 adding Subchapters F, G, H, and Z to read as follows:
8-55 SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION LEAVE
8-56 Sec. 661.151. STATE AUDITOR INTERPRETATIONS. (a) The state
8-57 auditor shall provide a uniform interpretation of this subchapter
8-58 and Subchapters G, H, and Z.
8-59 (b) The state auditor shall report to the governor and the
8-60 legislature any state agency or institution of higher education
8-61 that practices exceptions to those laws.
8-62 Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
8-63 state employee is entitled to a vacation in each fiscal year
8-64 without a deduction in salary, except for a state employee who is:
8-65 (1) an employee of an institution of higher education
8-66 as defined by Section 61.003, Education Code, who:
8-67 (A) is not employed to work at least 20 hours
8-68 per week for a period of at least four and one-half months; or
8-69 (B) is employed in a position for which the
9-1 employee is required to be a student as a condition of the
9-2 employment;
9-3 (2) a faculty member employed for a period of fewer
9-4 than 12 months by an institution of higher education as defined by
9-5 Section 61.003, Education Code; or
9-6 (3) an instructional employee employed for a period of
9-7 fewer than 12 months by the Texas School for the Blind and Visually
9-8 Impaired or the Texas School for the Deaf.
9-9 (b) The amount of vacation accrues and may be taken in
9-10 accordance with this subchapter.
9-11 (c) A part-time employee accrues vacation leave on a
9-12 proportionate basis. The maximum amount of vacation leave a
9-13 part-time employee may carry forward from one fiscal year to the
9-14 next is also on a proportionate basis.
9-15 (d) An employee accrues vacation leave and may carry
9-16 vacation leave forward from one fiscal year to the next in
9-17 accordance with the following schedule:
9-18 Maximum Hours
9-19 Carried Forward
9-20 Hours Accrued From One Fiscal
9-21 Per Month for Year to the Next
9-22 Employees With Total State Full-time for a
9-23 Employment of: Employment Full-time Employee
9-24 less than 2 years 7 168
9-25 at least 2 but less than 5 years 8 232
9-26 at least 5 but less than 10 years 9 256
9-27 at least 10 but less than 15 years 10 280
9-28 at least 15 but less than 20 years 12 328
9-29 at least 20 years or more 14 376
9-30 (e) An employee accrues vacation leave at the applicable
9-31 rate beginning on the first day of state employment and ending on
9-32 the last day of state employment. An employee accrues and is
9-33 entitled to be credited for one month's vacation leave for each
9-34 month or fraction of a month of employment with the state,
9-35 beginning on the first day of employment with the state and on the
9-36 first calendar day of each succeeding month of state employment.
9-37 (f) An employee may not take vacation leave with pay until
9-38 the employee has six months of continuous employment with the
9-39 state, although the employee accrues vacation leave during that
9-40 period.
9-41 (g) If an employee's state employment anniversary date
9-42 occurs on the first calendar day of a month, the employee begins to
9-43 accrue vacation leave at a higher rate in accordance with
9-44 Subsection (d) on the first calendar day of the appropriate month.
9-45 Otherwise, the employee begins to accrue vacation leave at the
9-46 higher rate on the first calendar day of the month following the
9-47 anniversary date. An employee who begins working on the first
9-48 workday of a month in a position that accrues vacation leave is
9-49 considered to have begun working on the first calendar day of the
9-50 month for purposes of this subsection.
9-51 (h) An employee is entitled to carry forward from one fiscal
9-52 year to the next the net balance of unused accumulated vacation
9-53 leave that does not exceed the maximum number of hours allowed
9-54 under Subsection (d). All hours of unused accumulated vacation
9-55 leave that lapse at the end of a fiscal year under this subsection
9-56 and Subsection (d) shall be credited to the employee's sick leave
9-57 balance on the first day of the next fiscal year.
9-58 (i) In computing the amount of vacation leave taken, time
9-59 during which an employee is excused from work because of a holiday
9-60 is not charged against the employee's vacation leave.
9-61 (j) An employee who is on paid leave on the first workday of
9-62 a month may not take vacation leave accrued for that month until
9-63 the employee has returned to duty.
9-64 (k) An individual who is reemployed by a state agency within
9-65 30 days after the individual's date of separation from state
9-66 employment in a position under which the employee accrues vacation
9-67 leave is entitled to reinstatement of the balance of the employee's
9-68 previously accrued vacation leave.
9-69 Sec. 661.153. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
10-1 Vacation leave for employees of the legislative branch, including
10-2 employees of the lieutenant governor, is determined as follows:
10-3 (1) for employees of either house of the legislature,
10-4 a member of the legislature, or the lieutenant governor, by the
10-5 presiding officer of the appropriate house of the legislature; and
10-6 (2) for employees of a legislative agency, by the
10-7 administrative head of the agency.
10-8 (Sections 661.154-661.200 reserved for expansion
10-9 SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE
10-10 Sec. 661.201. APPLICABILITY. (a) Sick leave for employees
10-11 of the legislative branch, including employees of the lieutenant
10-12 governor, is determined as follows:
10-13 (1) for employees of either house of the legislature,
10-14 a member of the legislature, or the lieutenant governor, by the
10-15 presiding officer of the appropriate house of the legislature; and
10-16 (2) for employees of a legislative agency, by the
10-17 administrative head of the agency.
10-18 (b) An employee of an institution of higher education as
10-19 defined by Section 61.003, Education Code, is eligible to accrue or
10-20 take paid sick leave under this subchapter only if the employee:
10-21 (1) is employed to work at least 20 hours per week for
10-22 a period of at least four and one-half months; and
10-23 (2) is not employed in a position for which the
10-24 employee is required to be a student as a condition of the
10-25 employment.
10-26 Sec. 661.202. ENTITLEMENT TO SICK LEAVE. (a) A state
10-27 employee is entitled to sick leave without a deduction in salary in
10-28 accordance with this subchapter.
10-29 (b) An employee accrues sick leave beginning on the first
10-30 day of state employment and ending on the last day of state
10-31 employment. An employee accrues and is entitled to be credited for
10-32 one month's sick leave for each month or fraction of a month of
10-33 employment with the state, beginning on the first day of employment
10-34 with the state and on the first calendar day of each succeeding
10-35 month of state employment.
10-36 (c) Sick leave entitlement for a full-time employee accrues
10-37 at the rate of eight hours for each month or fraction of a month of
10-38 employment, and accumulates with the unused amount of sick leave
10-39 carried forward each month. A part-time employee accrues sick
10-40 leave on a proportionate basis.
10-41 (d) Sick leave with pay may be taken when sickness, injury,
10-42 or pregnancy and confinement prevent the employee's performance of
10-43 duty or when the employee is needed to care for and assist a member
10-44 of the employee's immediate family who is sick. For purposes of
10-45 taking regular sick leave with pay, the following persons are
10-46 considered to be members of the employee's immediate family:
10-47 (1) an individual who resides in the same household as
10-48 the employee and is related to the employee by kinship, adoption,
10-49 or marriage;
10-50 (2) a foster child of the employee who resides in the
10-51 same household as the employee and who is certified by the
10-52 Department of Protective and Regulatory Services; and
10-53 (3) a minor child of the employee, regardless of
10-54 whether the child lives in the same household.
10-55 (e) An employee's use of sick leave to care for and assist
10-56 members of the employee's family who do not reside in the
10-57 employee's household is strictly limited to the time necessary to
10-58 provide care and assistance to a spouse, child, or parent of the
10-59 employee who needs the care and assistance as a direct result of a
10-60 documented medical condition.
10-61 (f) An employee who must be absent from duty because of
10-62 sickness, injury, or pregnancy and confinement shall notify the
10-63 employee's supervisor or have the supervisor notified of that fact
10-64 at the earliest practicable time.
10-65 (g) To be eligible to take accumulated sick leave without a
10-66 deduction in salary during a continuous period of more than three
10-67 working days, an employee absent due to sickness, injury, or
10-68 pregnancy and confinement shall send to the administrative head of
10-69 the employing agency a doctor's certificate showing the cause or
11-1 nature of the condition or another written statement of the facts
11-2 concerning the condition that is acceptable to the administrative
11-3 head. The administrative head of an agency may require a doctor's
11-4 certificate or other written statement of the facts for sick leave
11-5 without a deduction in salary taken during a continuous period of
11-6 three or fewer working days.
11-7 (h) On returning to duty after taking sick leave, the
11-8 employee shall without delay complete the prescribed application
11-9 for sick leave and send the application in the manner prescribed by
11-10 the agency to the appropriate authority for approving the
11-11 application.
11-12 (i) The administrative head or governing body of an agency
11-13 may authorize exceptions to the amount of sick leave an employee
11-14 may take on an individual basis after a review of the merits of a
11-15 particular case. A statement of all authorized exceptions and the
11-16 reasons for the exceptions shall be attached to the state agency's
11-17 duplicate payroll voucher for the payroll period affected by the
11-18 authorized exceptions.
11-19 (j) A state agency shall file a written statement with the
11-20 state auditor covering the policies and procedures for an extension
11-21 of leave under Subsection (i) and shall make the statement
11-22 available to all agency employees.
11-23 (k) A faculty member at an institution of higher education
11-24 as defined by Section 61.003, Education Code, must submit
11-25 prescribed leave forms for all sick leave the faculty member takes
11-26 if the absence occurs during the normal workday for regular
11-27 employees, even if no classes are missed.
11-28 Sec. 661.203. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
11-29 CERTAIN CIRCUMSTANCES. (a) An employee who separates from
11-30 employment with the state under a formal reduction in force is
11-31 entitled to have the employee's sick leave balance restored if the
11-32 employee is reemployed by the state within 12 months after the end
11-33 of the month in which the employee separates from state employment.
11-34 (b) An employee who separates from employment with the state
11-35 for a reason other than that described by Subsection (a) is
11-36 entitled to have the employee's sick leave balance restored if:
11-37 (1) the employee is reemployed by the same state
11-38 agency or institution of higher education within 12 months after
11-39 the end of the month in which the employee separates from state
11-40 employment, but only if there has been a break in employment with
11-41 the state of at least 30 calendar days; or
11-42 (2) the employee is reemployed by a different state
11-43 agency or institution of higher education within 12 months after
11-44 the end of the month in which the employee separates from state
11-45 employment.
11-46 (Sections 661.204-661.250 reserved for expansion
11-47 SUBCHAPTER H. PROVISIONS APPLICABLE TO BOTH VACATION
11-48 AND SICK LEAVE
11-49 Sec. 661.251. APPLICABILITY. This subchapter applies to a
11-50 state employee employed by either house of the legislature or by a
11-51 member of the legislature or the lieutenant governor only to the
11-52 extent determined by the presiding officer of the appropriate house
11-53 of the legislature and to an employee of a legislative agency only
11-54 to the extent determined by the administrative head of the agency.
11-55 Sec. 661.252. TRANSFER OF LEAVE BALANCE. A state employee
11-56 who transfers directly from one state agency to another is entitled
11-57 to credit by the agency to which the employee transfers for the
11-58 unused balance of the employee's accumulated vacation and sick
11-59 leave, if the employee's employment with the state is
11-60 uninterrupted.
11-61 (Sections 661.253-661.900 reserved for expansion
11-62 SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS
11-63 Sec. 661.901. APPLICABILITY. (a) This subchapter applies
11-64 to a state employee employed by either house of the legislature or
11-65 by a member of the legislature or the lieutenant governor only to
11-66 the extent determined by the presiding officer of the appropriate
11-67 house of the legislature and to an employee of a legislative agency
11-68 only to the extent determined by the administrative head of the
11-69 agency.
12-1 (b) An employee of an institution of higher education as
12-2 defined by Section 61.003, Education Code, is eligible to accrue or
12-3 take paid leave under this subchapter only if the employee:
12-4 (1) is employed to work at least 20 hours per week for
12-5 a period of at least four and one-half months; and
12-6 (2) is not employed in a position for which the
12-7 employee is required to be a student as a condition of the
12-8 employment.
12-9 Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
12-10 entitled to emergency leave without a deduction in salary because
12-11 of a death in the employee's family. The death of the employee's
12-12 spouse or of a parent, brother, sister, grandparent, grandchild, or
12-13 child of the employee or of the employee's spouse is considered to
12-14 be a death in the employee's family for purposes of this
12-15 subsection.
12-16 (b) The administrative head of an agency may determine that
12-17 a reason other than that described by Subsection (a) is sufficient
12-18 for granting emergency leave and shall grant an emergency leave to
12-19 an employee who the administrative head determines has shown good
12-20 cause for taking emergency leave.
12-21 Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee
12-22 who is called to active duty as a member of the Texas National
12-23 Guard by the governor because of an emergency is entitled to a
12-24 leave of absence without a deduction in salary in accordance with
12-25 Section 431.0825.
12-26 Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
12-27 (a) An employee called to active duty during a national emergency
12-28 to serve in a reserve component of the armed forces of the United
12-29 States is entitled to a leave of absence.
12-30 (b) The employee continues to accrue state service credit
12-31 for purposes of longevity pay while on military duty described by
12-32 Subsection (a) but does not accrue vacation or sick leave during
12-33 that time.
12-34 (c) The employee retains any accrued vacation or sick leave
12-35 and is entitled to be credited with those balances on return to
12-36 state employment from military duty described by Subsection (a).
12-37 Sec. 661.905. VOLUNTEER FIREFIGHTERS. (a) A state employee
12-38 who is a volunteer firefighter is entitled to a leave of absence
12-39 without a deduction in salary to attend fire service training
12-40 conducted by a state agency or institution of higher education.
12-41 Leave without a deduction in salary under this subsection may not
12-42 exceed five working days in a fiscal year.
12-43 (b) A state agency or institution of higher education may
12-44 grant leave without a deduction in salary to a volunteer
12-45 firefighter for the purpose of allowing the firefighter to respond
12-46 to emergency fire situations if the agency or institution has an
12-47 established policy for granting that leave.
12-48 (c) A leave of absence under this section may not be charged
12-49 against an employee's vacation or sick leave.
12-50 Sec. 661.906. FOSTER PARENTS. A state employee who is a
12-51 foster parent to a child under the conservatorship of the
12-52 Department of Protective and Regulatory Services is entitled to a
12-53 leave of absence without a deduction in salary for the purpose of
12-54 attending:
12-55 (1) meetings held by the Department of Protective and
12-56 Regulatory Services regarding the child under the foster care of
12-57 the employee; or
12-58 (2) an admission, review, and dismissal meeting held
12-59 by a school district regarding the child under the foster care of
12-60 the employee.
12-61 Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
12-62 state employee who is a certified disaster service volunteer of the
12-63 American Red Cross or who is in training to become such a volunteer
12-64 may be granted leave not to exceed 10 days each fiscal year to
12-65 participate in specialized disaster relief services for the
12-66 American Red Cross without a deduction in salary or loss of
12-67 vacation time, sick leave, earned overtime credit, or state
12-68 compensatory time if the leave is taken:
12-69 (1) with the authorization of the employee's
13-1 supervisor;
13-2 (2) with the approval of the governor; and
13-3 (3) on the request of the American Red Cross.
13-4 (b) The number of certified disaster volunteers who are
13-5 eligible for leave under this section may not exceed 350 state
13-6 employees at any one time during a fiscal year. The division of
13-7 emergency management in the governor's office shall coordinate the
13-8 establishment and maintenance of the list of eligible employees.
13-9 (c) Not later than the 60th day after the date the American
13-10 Red Cross makes a request under Subsection (a)(3), the American Red
13-11 Cross shall prepare a report for the Legislative Budget Board
13-12 stating the reasons for the request.
13-13 Sec. 661.908. LEAVE RECORDS. The administrative head or
13-14 governing body of each state agency shall require for each
13-15 employee:
13-16 (1) time and attendance records;
13-17 (2) a record of the accrual and taking of vacation and
13-18 sick leave;
13-19 (3) a record of the reason an employee takes leave if
13-20 other law requires the employee to inform the agency of the reason;
13-21 and
13-22 (4) whether any leave taken is accounted for as sick
13-23 leave, vacation leave, other paid leave, leave without pay, or
13-24 other absence.
13-25 Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A
13-26 state agency or institution of higher education may grant employees
13-27 leave without pay, including a leave of absence without pay, in
13-28 accordance with this section.
13-29 (b) The duration of the leave may not exceed 12 months.
13-30 (c) Except for disciplinary suspensions, active military
13-31 duty, and leave covered by workers' compensation benefits, all
13-32 accumulated paid leave entitlements must be used before the leave
13-33 is granted. All sick leave must first be used only if the employee
13-34 is taking leave for a reason for which the employee is eligible to
13-35 take sick leave under Subchapter G.
13-36 (d) Subject to fiscal constraints, approval of the leave
13-37 constitutes a guarantee of reemployment at the conclusion of the
13-38 specified leave period.
13-39 (e) The administrative head of a state agency or institution
13-40 of higher education may grant exceptions to the limitations of this
13-41 section if the employee is taking the leave:
13-42 (1) to work for another state governmental entity
13-43 under an interagency agreement; or
13-44 (2) for educational purposes.
13-45 (f) Except for an employee who returns to state employment
13-46 from military leave without pay, a full calendar month during which
13-47 an employee is on leave without pay is not counted in computing:
13-48 (1) total state service for purposes related to
13-49 longevity pay or to accrual or payment for vacation leave; or
13-50 (2) continuous state service for purposes related to
13-51 merit salary provisions or vacation leave.
13-52 (g) An employee may not accrue vacation or sick leave for a
13-53 full calendar month during which the employee is on leave without
13-54 pay.
13-55 (h) A full calendar month during which an employee is on
13-56 leave without pay does not constitute a break in continuity of
13-57 employment.
13-58 Sec. 661.910. SEEING-EYE DOG TRAINING FOR BLIND EMPLOYEES.
13-59 (a) A state employee who is blind is entitled to a leave of
13-60 absence without a deduction in salary for the purpose of attending
13-61 a training program to acquaint the employee with a Seeing-Eye dog
13-62 to be used by the employee.
13-63 (b) The leave of absence provided by this section may not
13-64 exceed 10 working days in a fiscal year.
13-65 (c) The leave of absence provided by this section is in
13-66 addition to other leave to which an employee is entitled, and an
13-67 employee continues to accrue vacation and sick leave while on leave
13-68 as provided by this section.
13-69 (d) For purposes of this section, "blind" has the meaning
14-1 assigned by Section 91.002, Human Resources Code.
14-2 Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (a) In
14-3 addition to employee leave authorized elsewhere in this chapter,
14-4 the administrative head of an agency may grant administrative leave
14-5 without a deduction in salary to an employee as a reward for
14-6 outstanding performance as documented by employee performance
14-7 appraisals.
14-8 (b) The total amount of administrative leave an employee may
14-9 be granted under this section may not exceed 32 hours during a
14-10 fiscal year.
14-11 Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the
14-12 extent provided by federal law, a state employee who has a total of
14-13 at least 12 months of state service and who has worked at least
14-14 1,250 hours during the 12-month period preceding the beginning of
14-15 leave under this section is entitled to leave under the federal
14-16 Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
14-17 seq.) if the employee first uses all available and applicable paid
14-18 vacation and sick leave while taking leave under this section.
14-19 (b) As an exception to the requirement that an employee
14-20 first use all applicable paid vacation and sick leave, employees on
14-21 Family and Medical Leave Act leave who are receiving temporary
14-22 disability benefits or workers' compensation benefits are not
14-23 required to first use applicable paid vacation or sick leave while
14-24 receiving those benefits.
14-25 Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
14-26 state employee who has been employed for fewer than 12 months by
14-27 the state or who has worked fewer than 1,250 hours during the
14-28 12-month period preceding the beginning of leave under this section
14-29 is eligible to take a parental leave of absence in accordance with
14-30 this section if the employee first uses all available and
14-31 applicable paid vacation and sick leave while taking leave under
14-32 this section.
14-33 (b) A leave of absence authorized by this section may not
14-34 exceed 12 weeks.
14-35 (c) The leave authorized by this section is limited to, and
14-36 begins on the date of, the birth of a natural child of the employee
14-37 or the adoption by or foster care placement with the employee of a
14-38 child under three years of age.
14-39 Sec. 661.914. VOTING BY STATE EMPLOYEES. A state agency
14-40 shall allow each agency employee sufficient time off, without a
14-41 deduction in salary or accrued leave, to vote in each national,
14-42 state, or local election.
14-43 SECTION 19. Subsection (b), Section 662.003, Government
14-44 Code, is amended to read as follows:
14-45 (b) A state holiday includes only the following days:
14-46 (1) the 19th day of January, "Confederate Heroes Day,"
14-47 in honor of Jefferson Davis, Robert E. Lee, and other Confederate
14-48 heroes;
14-49 (2) the second day of March, "Texas Independence Day";
14-50 (3) the 21st day of April, "San Jacinto Day";
14-51 (4) the 19th day of June, "Emancipation Day in Texas,"
14-52 in honor of the emancipation of the slaves in Texas in 1865;
14-53 (5) the 27th day of August, "Lyndon Baines Johnson
14-54 Day," in observance of the birthday of Lyndon Baines Johnson;
14-55 (6) [every day on which an election is held throughout
14-56 the state;]
14-57 [(7)] the Friday after Thanksgiving Day;
14-58 (7) [(8)] the 24th day of December; and
14-59 (8) [(9)] the 26th day of December.
14-60 SECTION 20. Subsection (a), Section 662.004, Government
14-61 Code, is amended to read as follows:
14-62 (a) A state agency and an institution of higher education as
14-63 defined by Section 61.003, Education Code, shall have enough
14-64 employees on duty during a state holiday to conduct the public
14-65 business of the agency or institution.
14-66 SECTION 21. Section 662.007, Government Code, is amended by
14-67 adding Subsection (c) to read as follows:
14-68 (c) An institution of higher education as defined by Section
14-69 61.003, Education Code, may allow an employee who is required to
15-1 work on a national or state holiday that does not fall on a
15-2 Saturday or Sunday to take compensatory time off in accordance with
15-3 this section or may instead pay the employee at the employee's
15-4 regular rate of pay for that time if the institution determines
15-5 that allowing compensatory time off would disrupt normal teaching,
15-6 research, or other critical functions.
15-7 SECTION 22. Section 662.010, Government Code, is amended by
15-8 amending Subsection (c) and adding Subsection (d) to read as
15-9 follows:
15-10 (c) If a state or national holiday that does not fall on a
15-11 Saturday or Sunday occurs between the dates that a state employee
15-12 transfers from one state agency to another without a break in
15-13 service, the agency to which the employee transfers is responsible
15-14 for paying the employee for the holiday.
15-15 (d) In this section, "workday" means a day on which a state
15-16 employee is normally scheduled to work.
15-17 SECTION 23. Section 662.011, Government Code, is amended by
15-18 amending Subsection (a) and adding Subsection (c) to read as
15-19 follows:
15-20 (a) The governing body of an institution of higher
15-21 education, as defined by Section 61.003, Education Code, other than
15-22 a public junior college as defined by that section, may establish
15-23 the holiday schedule for the institution, subject to any applicable
15-24 limitation on the observance of holidays prescribed by the General
15-25 Appropriations Act.
15-26 (c) An employee of the institution is eligible to take paid
15-27 holiday leave only if the employee:
15-28 (1) is scheduled to work at least 20 hours per week
15-29 for a period of at least four and one-half months; and
15-30 (2) is not employed in a position for which the
15-31 employee is required to be a student as a condition of the
15-32 employment.
15-33 SECTION 24. Subtitle B, Title 6, Government Code, is amended
15-34 by adding Chapter 666 to read as follows:
15-35 CHAPTER 666. MULTIPLE EMPLOYMENTS WITH STATE
15-36 Sec. 666.001. GENERAL PROVISIONS. (a) This chapter applies
15-37 to a person who is or may become employed by more than one state
15-38 agency or institution of higher education.
15-39 (b) A person who is employed by more than one state agency
15-40 or institution of higher education may not receive benefits from
15-41 the state that exceed the benefits provided for one full-time
15-42 employee.
15-43 (c) The person must be informed of the requirements of this
15-44 chapter before the person is employed by more than one agency or
15-45 institution.
15-46 Sec. 666.002. SEPARATE RECORDS REQUIRED. Separate vacation
15-47 and sick leave records must be maintained for each employment.
15-48 Sec. 666.003. TRANSFER OF LEAVE BALANCES PROHIBITED. If the
15-49 person separates from one employment, the person's leave balances
15-50 that were accrued under that employment may not be transferred to
15-51 the remaining employments.
15-52 Sec. 666.004. ACCRUAL OF STATE SERVICE CREDIT. The person
15-53 accrues state service credit for all purposes as if the person had
15-54 only one employment.
15-55 Sec. 666.005. FEDERAL INSURANCE CONTRIBUTIONS. (a) The
15-56 state's contribution toward the taxes imposed on the person by the
15-57 Federal Insurance Contributions Act (26 U.S.C. Section 3101 et
15-58 seq.) may not exceed the overall limit specified in the General
15-59 Appropriations Act.
15-60 (b) The comptroller shall prescribe uniform accounting and
15-61 reporting procedures to ensure that the state's contribution does
15-62 not exceed the limit described by Subsection (a).
15-63 Sec. 666.006. GROUP INSURANCE CONTRIBUTION. The total state
15-64 contribution toward the person's group insurance is limited to the
15-65 amount specified in the General Appropriations Act for a full-time
15-66 active employee.
15-67 Sec. 666.007. OVERTIME COMPENSATION. (a) Overtime
15-68 compensation accrues for each employment independently of every
15-69 other employment, except as provided by Subsection (b).
16-1 (b) If the person is subject to the overtime provisions of
16-2 the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
16-3 et seq.) in an employment, the employing agencies and institutions
16-4 of higher education shall ensure that the person is compensated for
16-5 all combined time actually worked that exceeds 40 hours per week in
16-6 accordance with the overtime provisions of the federal law. The
16-7 agencies and institutions shall cooperate to determine which agency
16-8 or institution is responsible for ensuring that the employee is
16-9 properly compensated according to those provisions.
16-10 Sec. 666.008. INFORMING EMPLOYER ABOUT MULTIPLE EMPLOYMENT.
16-11 The person must inform the person's employing state agencies or
16-12 institutions of higher education before accepting an additional
16-13 employment with another agency or institution.
16-14 Sec. 666.009. SPECIAL PROVISIONS FOR LEGISLATIVE AGENCIES.
16-15 If a person's multiple employment involves only legislative
16-16 agencies and all employments are less than full-time, the person
16-17 may use paid leave from leave balances in all employments, and on
16-18 separating from one employment leave balances accrued under that
16-19 employment will be transferred to the remaining employments.
16-20 Sec. 666.010. SPECIAL PROVISIONS FOR INSTITUTIONS OF HIGHER
16-21 EDUCATION. (a) A university system as defined by Section 61.003,
16-22 Education Code, may establish a policy that defines a person's
16-23 employment as the total hours the person is assigned to one
16-24 component of the system or, alternatively, the total hours the
16-25 person is assigned to all components of the system.
16-26 (b) The policy may apply to a person only if the person is
16-27 employed by more than one institution of higher education and all
16-28 the employing institutions are within the same university system.
16-29 SECTION 25. Chapter 751, Government Code, is amended by
16-30 adding Subchapter C to read as follows:
16-31 SUBCHAPTER C. STATE PERSONNEL IN WASHINGTON
16-32 Sec. 751.051. LIAISON TO LEGISLATIVE COMMITTEES. A state
16-33 employee working in Washington, D.C., on behalf of one or more
16-34 state agencies shall act in a liaison capacity and provide the most
16-35 current information on federal funding and on legislative issues to
16-36 the appropriate substantive committees of both the Texas House of
16-37 Representatives and the Texas Senate.
16-38 SECTION 26. (a) Subchapter B, Chapter 2001, Government
16-39 Code, is amended by adding Section 2001.039 to read as follows:
16-40 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES. (a) A
16-41 state agency shall review each of its rules in accordance with this
16-42 section.
16-43 (b) A state agency shall review a rule not later than the
16-44 fourth anniversary of the date on which the rule takes effect and
16-45 every four years after that date until the rule expires or is
16-46 repealed. The adoption of an amendment to an existing rule does
16-47 not affect the dates on which the rule must be reviewed except that
16-48 the effective date of an amendment is considered to be the
16-49 effective date of the rule if the agency formally conducts a review
16-50 of the rule in accordance with this section as part of the process
16-51 of adopting the amendment.
16-52 (c) The procedures of this subchapter relating to notice,
16-53 public comment, and informal conferences and advisory committees
16-54 apply to the review of a rule in the same manner that they apply to
16-55 the adoption of a rule.
16-56 (d) A state agency's review of a rule must include an
16-57 assessment about whether the reasons for initially adopting the
16-58 rule continue to exist.
16-59 (e) A state agency, if requested to do so by an interested
16-60 person before the 60th day after the date that the agency's notice
16-61 of a rule's review is published in the Texas Register, shall issue
16-62 a concise statement of the principal reasons for and against
16-63 allowing the rule to continue in existence in its present form.
16-64 (b) This subsection applies only to state agency rules that
16-65 have taken effect before September 1, 1997. A state agency shall
16-66 review each of its existing rules in accordance with Section
16-67 2001.039, Government Code, as added by this Act, and in accordance
16-68 with this subsection. The agency shall conduct its reviews of
16-69 those rules not later than August 31, 2001. Not later than August
17-1 31, 1998, each state agency shall develop and send to the secretary
17-2 of state for publication in the Texas Register a plan under which
17-3 the agency will review its existing rules. The plan must state for
17-4 each of those rules the date by which the agency will begin the
17-5 review required by Section 2001.039, Government Code, as added by
17-6 this Act. For purposes of subsequent reviews under Section
17-7 2001.039, Government Code, as added by this Act, the effective date
17-8 of an existing rule initially reviewed under this subsection is
17-9 considered to be the date that the notice for the initial review of
17-10 the rule under this subsection is published in the Texas Register.
17-11 SECTION 27. Subchapter A, Chapter 2052, Government Code, is
17-12 amended by adding Section 2052.004 to read as follows:
17-13 Sec. 2052.004. REPORT ON CLOSING OF FIELD OFFICES. Before
17-14 making any public announcement, a state agency shall send to any
17-15 affected member of the legislature a written notice that describes
17-16 the state agency's plan to close a field office located in the
17-17 member's legislative district.
17-18 SECTION 28. Section 2054.092, Government Code, is amended to
17-19 read as follows:
17-20 Sec. 2054.092. CONTENT OF STATE STRATEGIC PLAN. The state
17-21 strategic plan must be a visionary plan for the management of the
17-22 state's information resources and:
17-23 (1) provide a strategic direction for information
17-24 resources management in state government for the five fiscal years
17-25 following adoption of the plan;
17-26 (2) provide guidance to state agencies in the
17-27 development of the agency strategic plans;
17-28 (3) establish goals and objectives relating to
17-29 information resources management;
17-30 (4) provide long-range policy guidelines for
17-31 information resources in state government, including the
17-32 implementation of national and international standards for
17-33 information resources technologies;
17-34 (5) identify major issues relating to improved
17-35 information resources management, including the identification of
17-36 needed procurement policy initiatives to encourage competition
17-37 between providers of information resources technologies; [and]
17-38 (6) identify priorities for the implementation of
17-39 information resources technologies according to the relative
17-40 economic and social impact on the state; and
17-41 (7) establish the framework under which the state's
17-42 telecommunications systems can be used to efficiently and
17-43 effectively exchange information among state agencies.
17-44 SECTION 29. Subsection (d), Section 2054.095, Government
17-45 Code, is amended to read as follows:
17-46 (d) The department by rule shall adopt instructions,
17-47 consistent with Section 2054.096, that guide state agencies in the
17-48 preparation of their agency strategic plans. The instructions must
17-49 include the general criteria under which the department will
17-50 evaluate the plan and specify the format, content, updating, and
17-51 submission of the plan. The department shall send the instructions
17-52 to each state agency not later than February 1 of each
17-53 even-numbered year.
17-54 SECTION 30. Section 2054.118, Government Code, is amended to
17-55 read as follows:
17-56 Sec. 2054.118. Major Information Resources Project. (a) A
17-57 state agency may not spend appropriated funds for a major
17-58 information resources project unless the project has been reviewed
17-59 and approved by a quality assurance team consisting of the
17-60 department and the state auditor's office [in the agency's biennial
17-61 operating plan].
17-62 (b) The quality assurance team shall determine project
17-63 approval based on an analysis of the project's risk. The quality
17-64 assurance team may:
17-65 (1) waive project review requirements under
17-66 circumstances it considers appropriate;
17-67 (2) require any information it considers necessary to
17-68 determine a project's potential risk;
17-69 (3) require independent monitoring of an approved
18-1 project, status reports of a project being implemented, or any
18-2 additional information the team considers necessary to determine a
18-3 project's potential for success; or
18-4 (4) require a state agency to submit a
18-5 post-implementation evaluation report to enable the team to
18-6 determine whether a project met its planned objectives.
18-7 (c) The department shall provide technical assistance to a
18-8 state agency in the implementation of a project, participate in a
18-9 project as the quality assurance team considers necessary, and
18-10 review and analyze project information submitted by a state agency.
18-11 The state auditor's office shall audit and review a project and the
18-12 information provided by a state agency about a project. The
18-13 quality assurance team may request the Legislative Budget Board or
18-14 the comptroller's office to assist in determining the accuracy of
18-15 project expenditures and compliance with any expenditure
18-16 limitations contained in the General Appropriations Act.
18-17 (d) The quality assurance team shall file a report with the
18-18 lieutenant governor and the speaker of the house of representatives
18-19 on the status of projects under its review not later than December
18-20 1 of each year.
18-21 (e) The department shall develop rules or guidelines for
18-22 software development, quality assurance, and [its] review of major
18-23 information resources projects.
18-24 (f) [(c)] In this section, "major information resources
18-25 project" means any information resources technology project
18-26 identified in a state agency's biennial operating plan with
18-27 development costs that exceed $1 million and that:
18-28 (1) requires one year or longer to reach operations
18-29 status;
18-30 (2) involves more than one state agency; or
18-31 (3) substantially alters work methods of state agency
18-32 personnel or the delivery of services to clients.
18-33 SECTION 31. Subchapter F, Chapter 2054, Government Code, is
18-34 amended by adding Sections 2054.120 and 2054.121 to read as
18-35 follows:
18-36 Sec. 2054.120. COORDINATION AMONG INSTITUTIONS OF HIGHER
18-37 EDUCATION. Institutions of higher education shall coordinate the
18-38 use of information technologies with other such institutions to
18-39 more effectively provide education, research, and community
18-40 service.
18-41 Sec. 2054.121. COORDINATED TECHNOLOGY TRAINING. A state
18-42 agency each calendar quarter shall coordinate agency training for
18-43 the use of information resources technologies with training offered
18-44 or coordinated by the department. The agency shall use training
18-45 offered or coordinated by the department if it meets agency
18-46 requirements and is cost-competitive.
18-47 SECTION 32. Subchapter B, Chapter 2101, Government Code, is
18-48 amended by adding Section 2101.0111 to read as follows:
18-49 Sec. 2101.0111. ANNUAL REPORTS AND INVENTORIES. (a) Not
18-50 later than the 70th day after the close of fiscal year 1999, the
18-51 executive head of each state agency shall submit an annual
18-52 financial report regarding the agency's use of appropriated money,
18-53 as defined by Section 2113.001, during the preceding fiscal year
18-54 to:
18-55 (1) the governor;
18-56 (2) the comptroller;
18-57 (3) the state auditor;
18-58 (4) the Legislative Budget Board; and
18-59 (5) the Legislative Reference Library.
18-60 (b) The annual report must be prepared in accordance with
18-61 the uniform accounting and financial reporting procedures
18-62 established by the comptroller under Section 2101.012.
18-63 (c) The annual report must include:
18-64 (1) a detailed statement of all assets, liabilities,
18-65 and fund balances, including:
18-66 (A) cash on hand and on deposit in banks and
18-67 accounts in the state treasury;
18-68 (B) the value of consumable supplies and
18-69 postage;
19-1 (C) the value of the state agency's inventory of
19-2 movable equipment and other fixed assets;
19-3 (D) a list of investments, bonds, notes, and
19-4 other securities owned by any special funds under the jurisdiction
19-5 of the state agency, including the amount and value of the
19-6 securities;
19-7 (E) all money due the state agency from any
19-8 source;
19-9 (F) all outstanding commitments of the agency,
19-10 including amounts due for services or goods received by the agency;
19-11 (G) a summary by source of all revenue collected
19-12 or accruing through the state agency, including appropriations; and
19-13 (H) a summary by source of all expenditures,
19-14 bona fide encumbrances, and other disbursements by the state
19-15 agency;
19-16 (2) a list of all bonded employees, including the name
19-17 of the surety company and the name and title of the employee and
19-18 the amount of the surety bond;
19-19 (3) an analysis of space occupied by the state agency,
19-20 including:
19-21 (A) the total number of square feet of rented
19-22 space in state-owned buildings;
19-23 (B) the total number of square feet of occupied
19-24 space in state-owned buildings;
19-25 (C) the name and address of each building in
19-26 which the state agency occupies space and the number of square feet
19-27 in each building devoted to a particular use;
19-28 (D) the cost per square foot of all rented
19-29 space;
19-30 (E) the annual and monthly cost of all rented
19-31 space;
19-32 (F) the lessor of all rented space; and
19-33 (G) other information helpful to describe the
19-34 state agency's utilization of space in state-owned buildings;
19-35 (4) an itemized statement of all fees paid by the
19-36 state agency for professional and consulting services provided
19-37 under Chapter 2254, including the name of each person receiving
19-38 fees and the reason for the provision of the services;
19-39 (5) a summary of the state agency's use and cost of
19-40 operating aircraft that is state-owned or under long-term lease in
19-41 the format prescribed by the Legislative Budget Board and the State
19-42 Aircraft Pooling Board under Chapter 2205;
19-43 (6) a list of any purchases made under Section
19-44 2155.067(e), including each product purchased, the purchase amount,
19-45 and the name of each vendor;
19-46 (7) a copy of the Master File Report Verification Form
19-47 certified by the General Land Office to confirm that the state
19-48 agency is in compliance with Subchapter E, Chapter 31, Natural
19-49 Resources Code;
19-50 (8) a copy of the report prepared by the state agency
19-51 under Section 2161.124; and
19-52 (9) any other information required by the General
19-53 Appropriations Act.
19-54 (d) In this section, "state agency" has the meaning assigned
19-55 by Section 2151.002.
19-56 SECTION 33. Subsection (a), Section 2101.012, Government
19-57 Code, is amended to read as follows:
19-58 (a) The comptroller shall prescribe uniform accounting and
19-59 financial reporting procedures that a [each] state agency shall use
19-60 in the preparation of the information requested under Section
19-61 2101.011 or 2101.0111.
19-62 SECTION 34. Section 2101.038, Government Code, is amended to
19-63 read as follows:
19-64 Sec. 2101.038. DUTIES OF STATE AUDITOR. (a) The state
19-65 auditor, when reviewing the operation of a state agency, shall
19-66 audit for compliance with the uniform statewide accounting system,
19-67 the comptroller's rules, and the Legislative Budget Board's
19-68 performance and workload measures.
19-69 (b) The state auditor shall notify the project advisory
20-1 committee, the comptroller, the governor, and the Legislative
20-2 Budget Board as soon as practicable when a state agency is not in
20-3 compliance.
20-4 (c) If the state auditor issues any report concerning the
20-5 operation of a state agency, the state auditor shall notify the
20-6 agency's governing body and executive head.
20-7 SECTION 35. Chapter 2102, Government Code, is amended by
20-8 adding Section 2102.0091 to read as follows:
20-9 Sec. 2102.0091. REPORTS OF PERIODIC AUDITS. (a) A state
20-10 agency shall file with the budget division of the governor's office
20-11 and the Legislative Budget Board a copy of each report submitted to
20-12 the state agency's governing board or its designee by the agency's
20-13 internal auditor.
20-14 (b) Each report shall be filed not later than the 30th day
20-15 after the date the report is submitted to the state agency's
20-16 governing board or its designee.
20-17 (c) In addition to the requirements of Subsection (a), a
20-18 state agency shall file with the budget division of the governor's
20-19 office and the Legislative Budget Board any action plan or other
20-20 response issued by the state agency's governing board in response
20-21 to the report of the state agency's internal auditor.
20-22 (d) In this section, "state agency" includes a public junior
20-23 college, as that term is defined by Section 61.003, Education Code.
20-24 SECTION 36. Subtitle C, Title 10, Government Code, is
20-25 amended by adding Chapter 2113 to read as follows:
20-26 CHAPTER 2113. USE OF APPROPRIATED MONEY AND OTHER STATE FUNDS
20-27 SUBCHAPTER A. GENERAL PROVISIONS
20-28 Sec. 2113.001. DEFINITIONS. In this chapter:
20-29 (1) "Appropriated money" means money appropriated by
20-30 the legislature through the General Appropriations Act or other
20-31 law.
20-32 (2) "State agency" means:
20-33 (A) a department, commission, board, office, or
20-34 other entity in the executive branch of state government;
20-35 (B) the supreme court, the court of criminal
20-36 appeals, a court of appeals, or the Texas Judicial Council; or
20-37 (C) a university system or an institution of
20-38 higher education as defined by Section 61.003, Education Code,
20-39 except that a public junior college is excluded from the term in
20-40 Subchapter E and all of Subchapter D except Section 2113.202.
20-41 (Sections 2113.002-2113.010 reserved for expansion
20-42 SUBCHAPTER B. RESTRICTIONS ON POLITICAL ACTIVITY
20-43 Sec. 2113.011. SUPPORT OF CANDIDATES. (a) A state agency
20-44 may not use state funds, including appropriated money, to finance
20-45 or otherwise support the candidacy of a person for an office in the
20-46 legislative, executive, or judicial branch of state government or
20-47 of the government of the United States. This prohibition extends
20-48 to the direct or indirect employment of a person to perform an
20-49 action described by this subsection.
20-50 (b) An employee of a state agency may not use a state-owned
20-51 motor vehicle for a purpose described by Subsection (a).
20-52 Sec. 2113.012. ELECTIONS AND LEGISLATIVE INFLUENCE. (a) A
20-53 state agency may not use appropriated money to influence the
20-54 outcome of an election or the passage or defeat of a legislative
20-55 measure.
20-56 (b) This section does not prohibit an officer or employee of
20-57 a state agency from providing on request to a member of the
20-58 legislature, legislative committee, other state officer or
20-59 employee, or private citizen public information available to the
20-60 officer or employee.
20-61 Sec. 2113.013. LOBBYING. (a) A state agency may not use
20-62 appropriated money to employ a full-time employee who is required
20-63 by Chapter 305 to register as a lobbyist.
20-64 (b) A state agency may not use appropriated money to employ
20-65 a part-time employee who is required by Chapter 305 to register as
20-66 a lobbyist for an industry, profession, or association:
20-67 (1) that the employee's agency regulates;
20-68 (2) from which the employee's agency purchases goods
20-69 or services; or
21-1 (3) to which the employee's agency provides goods or
21-2 services, including grants or loans.
21-3 Sec. 2113.014. RETALIATION AND VIOLATION. An officer or
21-4 employee of a state agency who causes an officer or employee to be
21-5 discharged, demoted, or otherwise discriminated against for
21-6 providing information under Section 2113.012(b) is required to be
21-7 immediately discharged from state employment.
21-8 Sec. 2113.015. NOTICE OF PROHIBITIONS. (a) A state agency
21-9 shall provide each officer and employee of the agency a copy of
21-10 Sections 2113.011-2113.014 and require a signed receipt on
21-11 delivery. A new copy and receipt are required if a provision of
21-12 those sections is changed.
21-13 (b) A state agency shall maintain receipts collected from
21-14 current officers and employees under this section in a manner
21-15 accessible for public inspection.
21-16 Sec. 2113.016. STUDENT ORGANIZATIONS. (a) This subchapter
21-17 does not prohibit the payment of reasonable dues to an organization
21-18 that represents student interests before the legislature or the
21-19 Congress of the United States from that portion of mandatory
21-20 student service fees that is allocated to the student government
21-21 organization at an institution of higher education.
21-22 (b) A mandatory student service fee may not be used to
21-23 influence the outcome of an election.
21-24 Sec. 2113.017. COMPENSATION PROHIBITION. A state agency may
21-25 not use appropriated money to compensate an officer or employee who
21-26 violates this subchapter.
21-27 (Sections 2113.018-2113.100 reserved for expansion
21-28 SUBCHAPTER C. RESTRICTIONS ON OFFICERS AND EMPLOYEES
21-29 Sec. 2113.101. PUBLICITY. (a) A state agency may not use
21-30 appropriated money to publicize or direct attention to an
21-31 individual officer or employee of state government.
21-32 (b) A state agency may not use appropriated money to:
21-33 (1) maintain a publicity office or department;
21-34 (2) employ an individual who has the title or duties
21-35 of a public relations or press agent; or
21-36 (3) pay a public relations agent or business.
21-37 (c) The executive head of a state agency who considers it
21-38 necessary or in the public interest may issue through agency
21-39 channels oral or written information relating to the activities or
21-40 legal responsibilities of the agency. The information must be
21-41 issued in the name of the state agency and include the name of the
21-42 individual authorized to issue the information.
21-43 (d) An institution of higher education may operate a news
21-44 and information service for the benefit of the public if the
21-45 operation has been authorized and approved by the institution's
21-46 governing body.
21-47 Sec. 2113.102. USE OF ALCOHOLIC BEVERAGES. A state agency
21-48 may not use appropriated money to compensate an officer or employee
21-49 who uses alcoholic beverages on active duty.
21-50 Sec. 2113.103. USE OF MOTOR VEHICLE. (a) Except as
21-51 provided by Subsection (b), an officer or employee of a state
21-52 agency may not use a state-owned motor vehicle except on official
21-53 state business.
21-54 (b) The administrative head of a state agency may authorize
21-55 an officer or employee to use a state-owned motor vehicle to
21-56 commute to and from work when the administrative head determines
21-57 that the use may be necessary to ensure that vital agency functions
21-58 are performed. The name and job title of each individual
21-59 authorized under this subsection, and the reasons for the
21-60 authorization, must be included in the annual report required by
21-61 Section 2101.0111.
21-62 (c) A state agency may not use appropriated money to
21-63 compensate an individual who violates this section.
21-64 (Sections 2113.104-2113.200 reserved for expansion
21-65 SUBCHAPTER D. RESTRICTIONS ON GOODS AND SERVICES
21-66 Sec. 2113.201. CONSULTANT CONTRACTS. A state agency may not
21-67 use appropriated money to contract for consulting services with an
21-68 individual who has been an officer or employee of the agency within
21-69 the preceding 12 months.
22-1 Sec. 2113.202. ALCOHOLIC BEVERAGES. A state agency may not
22-2 use appropriated money to purchase an alcoholic beverage except for
22-3 authorized law enforcement purposes. A state agency may not use
22-4 appropriated money to pay or reimburse a travel expense for an
22-5 alcoholic beverage.
22-6 Sec. 2113.203. AUDITS. (a) Except as provided by
22-7 Subsections (b) and (c), a state agency may not use appropriated
22-8 money to hire an individual or entity to audit the books or
22-9 accounts of the agency.
22-10 (b) A state agency may use appropriated money to finance a
22-11 supplemental audit of payments received from the government of the
22-12 United States if the audit is required as a condition of receipt of
22-13 the money and an amount for the audit is provided by the federal
22-14 grant, allocation, aid, or other payment.
22-15 (c) A state agency providing grants, loans, or other money
22-16 to an entity other than a state agency may require, as a condition
22-17 of receipt of the money, that the recipient have an annual,
22-18 independent audit performed and submitted to the agency. An agency
22-19 may require its internal audit staff to make an annual inspection
22-20 visit to the recipient of the money. After notice of the meeting
22-21 of the governing body of an agency at which the matter will be
22-22 included on the agenda, the agency shall take action on any
22-23 exceptions noted in independent audits received under this
22-24 subsection and provide documentation of that action to the state
22-25 auditor, the Legislative Audit Committee, the Legislative Budget
22-26 Board, and the budget division of the governor's office.
22-27 Sec. 2113.204. PUBLICATION OF REPORTS. (a) A state agency
22-28 may not use appropriated money to publish a report or other printed
22-29 materials on enamel-coated, cast-coated, or dull-coated printing
22-30 stock unless the agency imposes a fee for receipt of the printed
22-31 materials.
22-32 (b) A state agency shall make reports required by law and
22-33 minutes of meetings of the agency's governing body available to
22-34 members of the legislature and agencies in the legislative branch
22-35 of state government in an electronic format determined by the Texas
22-36 Legislative Council.
22-37 Sec. 2113.205. PERIODICALS AND OTHER PUBLICATIONS.
22-38 (a) Except as provided by Subsection (b), a state agency may not
22-39 use appropriated money to publish a periodical or other publication
22-40 the cost of which is not reimbursed through revenue attributable to
22-41 its publication and sale if the publication is:
22-42 (1) intended for use by the general public;
22-43 (2) generally informational, promotional, or
22-44 educational; and
22-45 (3) not essential to the achievement of a statutory
22-46 objective of the agency.
22-47 (b) Subsection (a) does not apply to:
22-48 (1) Texas Highways magazine;
22-49 (2) the Texas Parks and Wildlife magazine;
22-50 (3) publications of the Texas Commission on Alcohol
22-51 and Drug Abuse;
22-52 (4) attorney general opinions, advisories, and
22-53 decisions;
22-54 (5) comptroller opinions, revenue forecasts, and
22-55 fiscal analyses;
22-56 (6) newsletters;
22-57 (7) compilations of statutes or rules; or
22-58 (8) annual reports and other materials that are
22-59 required by law and the content of which includes only topics
22-60 provided by law.
22-61 (c) A state agency may not use appropriated money to publish
22-62 a publication that prominently displays the name or picture of a
22-63 person holding an office elected statewide.
22-64 (d) Except as provided by Subsection (e), a state agency may
22-65 not use appropriated money to publish a publication on
22-66 enamel-coated, cast-coated, or dull-coated printing stock or that
22-67 contains an average of more than one picture for each two pages of
22-68 the publication unless the agency imposes a fee for the publication
22-69 in an amount that recovers the cost of publication.
23-1 (e) Subsection (d) does not apply to a publication designed
23-2 to promote tourism or economic development, a publication of the
23-3 Texas School for the Deaf or the Texas School for the Blind and
23-4 Visually Impaired, or a publication of an institution of higher
23-5 education.
23-6 (f) A state agency or political subdivision that uses an
23-7 appropriation to publish free periodicals quarterly or more
23-8 frequently shall insert annually in three consecutive issues a
23-9 notice that anyone wishing to continue receiving the periodical
23-10 must so request in writing. The agency shall provide future issues
23-11 of the periodical only to persons who have requested it.
23-12 Sec. 2113.206. POSTAGE. (a) Except as provided by
23-13 Subsections (b) and (c), a state agency may use appropriated money
23-14 to purchase postage or rent a post office box only from the United
23-15 States Postal Service.
23-16 (b) An agency other than an institution of higher education
23-17 as defined by Section 61.003, Education Code, that spends for
23-18 postage in a fiscal year an amount that exceeds the dollar amount
23-19 set by the General Appropriations Act as the maximum expenditure
23-20 for stamps shall purchase or rent a postage meter machine and
23-21 record all purchases of postage on the machine except purchases of
23-22 postage for employees in field offices and traveling employees.
23-23 The rental of a postage meter machine by a state agency, including
23-24 an institution of higher education, the legislature, or an agency
23-25 in the legislative branch of state government, must be from a
23-26 company approved by the General Services Commission. The General
23-27 Services Commission by rule shall adopt procedures for the renting
23-28 entity to pay for postage.
23-29 (c) Subsection (a) does not apply to a reimbursement:
23-30 (1) to an authorized petty cash account;
23-31 (2) to a state employee for an emergency purchase of
23-32 postage or emergency payment of post office box rent; or
23-33 (3) authorized by the General Appropriations Act.
23-34 (d) A state agency shall remit to the comptroller an amount
23-35 received as a refund of postage for deposit to the credit of the
23-36 appropriation from which postage for the agency is paid.
23-37 (e) Except as provided by Subsection (b), the comptroller
23-38 shall adopt rules to implement this section after consultation with
23-39 the General Services Commission.
23-40 Sec. 2113.207. INDOOR PLANTS. A state agency may not use an
23-41 appropriation to purchase, lease, or maintain a live or artificial
23-42 indoor plant to be used only for aesthetic purposes.
23-43 Sec. 2113.208. STATE FACILITIES FOR MEETINGS AND
23-44 CONFERENCES. A state agency shall use state-owned or
23-45 state-occupied facilities for meetings and conferences and may not
23-46 use appropriated money to lease private facilities for these
23-47 purposes unless state facilities are not available when needed or
23-48 are not adequate to accommodate the meeting or conference.
23-49 (Sections 2113.209-2113.300 reserved for expansion
23-50 SUBCHAPTER E. SPECIFICALLY AUTHORIZED USES OF
23-51 GOODS AND SERVICES
23-52 Sec. 2113.301. EMPLOYEE AWARDS. (a) A state agency may use
23-53 appropriated money to purchase service awards, safety awards, or
23-54 other similar awards to be presented to employees for professional
23-55 achievement or outstanding service under rules adopted by the
23-56 agency.
23-57 (b) The cost of awards purchased under this section may not
23-58 exceed $50 for an individual employee.
23-59 Sec. 2113.302. VOLUNTEER AWARDS. (a) A state agency may
23-60 use an appropriation to purchase engraved certificates, plaques,
23-61 pins, or other similar awards to be presented to volunteers for
23-62 special achievement or outstanding service if the agency has
23-63 established a volunteer program under Chapter 2109 or other law.
23-64 (b) The cost of awards purchased under this section may not
23-65 exceed $50 for an individual volunteer.
23-66 Sec. 2113.303. EXAMINATION FEES. A state agency that
23-67 conducts examinations shall collect all fees charged to the person
23-68 being examined for each examination, including the cost of a
23-69 standardized examination instrument, and use appropriated money to
24-1 pay a provider of goods or services for a cost incurred by the
24-2 agency providing the examination.
24-3 SECTION 37. Section 2152.064, Government Code, is amended by
24-4 amending Subsection (b) and adding Subsection (d) to read as
24-5 follows:
24-6 (b) During January and July of each year, a state agency
24-7 shall file with the presiding officer of each house of the
24-8 legislature, [and] the presiding officers of the house
24-9 appropriations committee and the senate finance committee, and the
24-10 Legislative Budget Board a report that identifies each nonresident
24-11 bidder to whom the agency awarded a contract that has a value of
24-12 $25,000 or more for the purchase of supplies, materials, services,
24-13 or equipment during the six calendar months preceding the month in
24-14 which the report is filed, if the agency awarded such a contract
24-15 during the reporting period. For contracts with a value of
24-16 $250,000 or more, the agency shall include an explanation for the
24-17 need to use a nonresident bidder.
24-18 (d) In addition to the information required by Subsection
24-19 (b), a state agency shall include in the report to the Legislative
24-20 Budget Board a listing of the total value of all purchases from
24-21 nonresident bidders of supplies, materials, services, and equipment
24-22 during the six calendar months preceding the month in which the
24-23 report is filed. If the total amount reported is greater than $1
24-24 million or greater than 25 percent of the total value of all
24-25 purchases, the state agency shall include an explanation for the
24-26 need to use nonresident bidders.
24-27 SECTION 38. Subsection (e), Section 2155.067, Government
24-28 Code, is amended to read as follows:
24-29 (e) If the commission, after considering all factors, takes
24-30 exception to the justifications, the commission shall purchase the
24-31 goods or services as requested and report the reasons for its
24-32 exception to the:
24-33 (1) members of the governing body and the agency head
24-34 [or the presiding officer of the agency's governing body];
24-35 (2) state auditor;
24-36 (3) Legislative Budget Board; and
24-37 (4) governor.
24-38 SECTION 39. Section 2155.073, Government Code, is amended to
24-39 read as follows:
24-40 Sec. 2155.073. HISTORICALLY UNDERUTILIZED [PARTICIPATION BY
24-41 SMALL] BUSINESSES ASSISTANCE PROGRAM [IN STATE PURCHASING]. The
24-42 commission shall assist and foster participation of historically
24-43 underutilized [small] businesses in the purchasing activities,
24-44 other than construction or construction-related activity, of the
24-45 state. Strategies for assisting and fostering such participation
24-46 include but are not limited to [by]:
24-47 (1) assisting state agencies in developing strategies
24-48 and procedures to ensure the inclusion of historically
24-49 underutilized [small] businesses on state agency master bid lists;
24-50 (2) informing historically underutilized [small]
24-51 businesses of state purchasing opportunities;
24-52 (3) assisting historically underutilized [small]
24-53 businesses in complying with the procedures for bidding on state
24-54 contracts and assisting those businesses in such skills as bidding
24-55 techniques and product analysis;
24-56 (4) providing training [working with state and federal
24-57 agencies and with private organizations in disseminating
24-58 information on state purchasing procedures and the opportunities
24-59 for small businesses to participate in state contracts;]
24-60 [(5) assisting state agencies with the development of
24-61 a comprehensive list of small businesses capable of providing goods
24-62 or services to the state;]
24-63 [(6) making recommendations] to state agencies on how
24-64 to simplify contract specifications and terms to increase the
24-65 opportunities for historically underutilized [small] business
24-66 participation; and
24-67 (5) [(7) working with state agencies to establish a
24-68 statewide policy for increasing the use of small businesses;]
24-69 [(8)] assisting state agencies in seeking historically
25-1 underutilized [small] businesses capable of supplying goods and
25-2 services that the agencies require through the development of a
25-3 comprehensive list of historically underutilized businesses[;]
25-4 [(9) assisting state agencies in identifying and
25-5 advising small businesses on the types of goods and services needed
25-6 by the agencies; and]
25-7 [(10) assisting state agencies in increasing the
25-8 volume of business placed with small businesses].
25-9 SECTION 40. Subchapter B, Chapter 2155, Government Code, is
25-10 amending by adding Section 2155.074 to read as follows:
25-11 Sec. 2155.074. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
25-12 commission or the governing board of an institution of higher
25-13 education acting either directly or through the commission or
25-14 another state agency may negotiate purchases of goods of any kind
25-15 needed by the state agency or institution of higher education with
25-16 the appropriate agency of the federal government.
25-17 (b) The price of goods that are purchased from the federal
25-18 government may not exceed the prevailing market value of the goods
25-19 or the real or intrinsic value if there is no market value.
25-20 (c) In negotiating purchases of goods under this section,
25-21 the commission or the governing board of the institution of higher
25-22 education may waive the requirement of a bidder's bond and
25-23 performance bond that otherwise would be required.
25-24 SECTION 41. Subchapter H, Chapter 2155, Government Code, is
25-25 amended by adding Section 2155.4441 to read as follows:
25-26 Sec. 2155.4441. SERVICE CONTRACTS. A state agency that
25-27 contracts for services shall require the contractor to purchase
25-28 products and materials produced in this state when they are
25-29 available at a price and time comparable to products and materials
25-30 produced outside this state.
25-31 SECTION 42. Subchapter H, Chapter 2155, Government Code, is
25-32 amended by adding Section 2155.449 to read as follows:
25-33 Sec. 2155.449. PREFERENCE FOR PRISON-PRODUCED GOODS. The
25-34 commission and other state agencies shall purchase goods produced
25-35 by the Texas Department of Criminal Justice when those goods are
25-36 equal to or lower in price than goods of comparable quality
25-37 available on the open market.
25-38 SECTION 43. Section 2161.001, Government Code, is amended to
25-39 read as follows:
25-40 Sec. 2161.001. DEFINITIONS. In this chapter:
25-41 (1) "Economically disadvantaged person" means a person
25-42 who is:
25-43 (A)(i) an owner of a business that does not
25-44 exceed, in any period of four consecutive years, the gross receipts
25-45 or total employment levels stated in the small business guidelines,
25-46 13 C.F.R. Section 121.201, promulgated by the United States Small
25-47 Business Administration for businesses within the same four-digit
25-48 Standard Industrial Classification code; and
25-49 (ii) if the person is married and the
25-50 person's spouse is a business owner, the spouse's business
25-51 qualifies as a small business within the respective four-digit
25-52 Standard Industrial Classification code applicable to the spouse's
25-53 business; or
25-54 (B) a member of a group that has suffered the
25-55 effects of discriminatory practices or other similar circumstances
25-56 over which the person had no control, as defined in the state's
25-57 Disparity Study, including Black Americans, Hispanic Americans,
25-58 women, Asian Pacific Americans, and Native Americans who are also
25-59 economically disadvantaged persons as defined by Paragraph (A).
25-60 (2) "Goods" means supplies, materials, or equipment.
25-61 (3) [(2)] "Historically underutilized business" means:
25-62 (A) a corporation formed for the purpose of
25-63 making a profit in which 51 percent or more of all classes of the
25-64 shares of stock or other equitable securities are owned by one or
25-65 more economically [socially] disadvantaged persons who have a
25-66 proportionate interest and actively participate in the
25-67 corporation's control, operation, and management;
25-68 (B) a sole proprietorship created for the
25-69 purpose of making a profit that is completely owned, operated, and
26-1 controlled by an economically [a socially] disadvantaged person;
26-2 (C) a partnership formed for the purpose of
26-3 making a profit in which 51 percent or more of the assets and
26-4 interest in the partnership are owned by one or more economically
26-5 [socially] disadvantaged persons who have a proportionate interest
26-6 and actively participate in the partnership's control, operation,
26-7 and management;
26-8 (D) a joint venture in which each entity in the
26-9 venture is a historically underutilized business, as determined
26-10 under another paragraph of this subdivision; or
26-11 (E) a supplier contract between a historically
26-12 underutilized business as determined under another paragraph of
26-13 this subdivision and a prime contractor under which the
26-14 historically underutilized business is directly involved in the
26-15 manufacture or distribution of the goods or otherwise warehouses
26-16 and ships the goods.
26-17 (4) "State agency" means:
26-18 (A) a department, commission, board, office, or
26-19 other agency in the executive branch of state government created by
26-20 the state constitution or a state statute;
26-21 (B) the supreme court, the court of criminal
26-22 appeals, a court of appeals, or the Texas Judicial Council; or
26-23 (C) a university system or an institution of
26-24 higher education as defined by Section 61.003, Education Code,
26-25 except a public junior college. [(3) "Socially disadvantaged
26-26 person" means a person who is socially disadvantaged because of the
26-27 person's identification as a member of a certain group, including
26-28 Black Americans, Hispanic Americans, women, Asian Pacific
26-29 Americans, and Native Americans, and who has suffered the effects
26-30 of discriminatory practices or other similar insidious
26-31 circumstances over which the person has no control.]
26-32 SECTION 44. Section 2161.002, Government Code, is amended by
26-33 adding Subsection (c) to read as follows:
26-34 (c) If a conflict exists between this chapter and rules
26-35 adopted under this chapter and the requirements of federal law,
26-36 federal law prevails, and the commission is authorized to
26-37 administer this chapter consistent with federal law.
26-38 SECTION 45. Subchapter A, Chapter 2161, Government Code, is
26-39 amended by adding Section 2161.003 to read as follows:
26-40 Sec. 2161.003. ADOPTION OF RULES BY STATE AGENCY. State
26-41 agencies shall adopt for the administration of their historically
26-42 underutilized business program the rules adopted by the commission.
26-43 Each state agency may develop supplemental rules to the
26-44 commission's rules if the rules are:
26-45 (1) consistent with commission rules; and
26-46 (2) based on the disparity study.
26-47 SECTION 46. Section 2161.122, Government Code, is amended to
26-48 read as follows:
26-49 Sec. 2161.122. INFORMATION GATHERING BY STATE AGENCY.
26-50 (a) To ensure accuracy in reporting, a state agency shall maintain
26-51 and compile monthly information relating to the use by the agency
26-52 and each of its operating divisions of historically underutilized
26-53 businesses, including information regarding subcontractors and
26-54 suppliers required by Subsection (b).
26-55 (b) A contractor or supplier awarded a contract by a state
26-56 agency shall report to the agency the identity of each historically
26-57 underutilized business to whom the contractor or supplier awarded a
26-58 subcontract for the purchase of goods or services.
26-59 (c) State agencies shall report to the commission the
26-60 following information on businesses classified as owned by
26-61 economically disadvantaged persons, including Black Americans,
26-62 Hispanic Americans, Asian Pacific Americans, and by gender, with
26-63 regard to the expenditure of both treasury and nontreasury funds:
26-64 (1) the total dollar amount of purchases and payments
26-65 made under contracts awarded to historically underutilized
26-66 businesses; and
26-67 (2) the number of payments received by each
26-68 historically underutilized business under each contract.
26-69 (d) A state agency participating in a group purchasing
27-1 program described under Section 2155.139(b) shall send to the
27-2 commission in the agency's report under Section 2161.121 a separate
27-3 list of purchases from historically underutilized businesses that
27-4 are made through the group purchasing program, including the dollar
27-5 amount of each purchase allocated to the reporting agency.
27-6 (e) [(d)] A state agency's report is a record of the
27-7 agency's purchases for which the agency selected the vendor. If
27-8 the vendor was selected by the commission as part of its state
27-9 contract program, the commission shall include the purchase in the
27-10 commission's report of its own purchases unless the commission made
27-11 a sole source purchase for the agency under Section 2155.067. The
27-12 state agency for which the purchase was made shall report the
27-13 selection of the vendor on its report as if the agency selected the
27-14 vendor when the agency drew specifications for goods or services
27-15 that are proprietary to one vendor.
27-16 SECTION 47. Chapter 2161, Government Code, is amended by
27-17 adding Subchapter F to read as follows:
27-18 SUBCHAPTER F. ACTIONS FOR AGENCY NONCOMPLIANCE
27-19 Sec. 2161.301. ACCOUNTABILITY OF STATE AGENCIES. (a) The
27-20 state auditor shall report to the commission a state agency that is
27-21 not complying with this chapter.
27-22 (b) If an agency is found by the state auditor not to be in
27-23 compliance with this chapter, the commission may revoke any
27-24 purchasing authority that the commission had delegated to the
27-25 agency. If the commission revokes an agency's delegated purchasing
27-26 authority under this subsection, the comptroller may consider that
27-27 fact in the event the commission needs a transfer of the violating
27-28 agency's appropriated funds to cover the costs to the commission of
27-29 assuming the violating agency's purchasing functions. The amount
27-30 of transfer from the violating agency's funds to the commission
27-31 shall be in an amount determined by the Legislative Budget Board.
27-32 SECTION 48. Subchapter F, Chapter 2166, Government Code, is
27-33 amended by adding Section 2166.2551 to read as follows:
27-34 Sec. 2166.2551. CONTRACT NOTIFICATION. (a) Not later than
27-35 the 10th day after the date a state agency enters into a contract
27-36 under this chapter, the agency shall provide written notice, using
27-37 a form prescribed by the Legislative Budget Board, to:
27-38 (1) the Legislative Budget Board;
27-39 (2) the appropriations committee of the house of
27-40 representatives;
27-41 (3) the finance committee of the senate; and
27-42 (4) any committees of the house of representatives or
27-43 the senate that provide oversight for the state agency.
27-44 (b) Subsection (a) applies to any amendment, modification,
27-45 renewal, or extension of any contract subject to this section.
27-46 (c) Subsections (a) and (b) do not apply to a contract,
27-47 including any amendments, modifications, renewals, or extensions,
27-48 that has a total value of less than $1,000.
27-49 SECTION 49. Subsection (a), Section 2166.259, Government
27-50 Code, is amended to read as follows:
27-51 (a) This section applies only to a contract for a public
27-52 works project for which the combined [that has an] estimated cost
27-53 of all projects exceeds an aggregate contractual value of $100
27-54 [more than $20] million.
27-55 SECTION 50. Subchapter F, Chapter 2166, Government Code, is
27-56 amended by adding Section 2166.260 to read as follows:
27-57 Sec. 2166.260. SMALL CONTRACTOR PARTICIPATION ASSISTANCE
27-58 PROGRAM. (a) This section applies only to public works projects
27-59 for which the combined estimated cost of all projects exceeds an
27-60 aggregate contractual value of $100 million that are undertaken by
27-61 or for any state agency or institution of higher education.
27-62 Notwithstanding other law, this section applies without regard to:
27-63 (1) the source of funds for a public works project;
27-64 (2) whether a public works project is otherwise
27-65 excepted from the application of this section by Section 2166.003
27-66 or 2166.004 or other law; or
27-67 (3) whether the public works project is undertaken
27-68 under the authority of this section or other law.
27-69 (b) In this section:
28-1 (1) "Program" means a small contractor participation
28-2 assistance program created under this section.
28-3 (2) "Public works project" means a construction
28-4 project, including a building, designed to serve the public
28-5 necessity, use, or convenience that is undertaken and carried out
28-6 by a state agency or institution of higher education as described
28-7 by Subsection (a). The term includes a project for the
28-8 construction, alteration, or repair of a public building or of a
28-9 road, bridge, or highway.
28-10 (3) "Small contractor" means a person who is the owner
28-11 of a business that does not exceed, in any period of four
28-12 consecutive years, the gross receipts or total employment levels
28-13 stated in the small business guidelines, 13 C.F.R. Section 121.201,
28-14 promulgated by the United States Small Business Administration for
28-15 businesses within the same four-digit Standard Industrial
28-16 Classification code. If the person is married and the person's
28-17 spouse is a business owner, the spouse's business must also qualify
28-18 as a small business within the respective four-digit Standard
28-19 Industrial Classification code applicable to the spouse's business.
28-20 (c) Not later than January 1, 1998, a state agency or
28-21 institution of higher education having a public works project
28-22 described by Subsection (a) shall establish a small contractor
28-23 participation assistance program to ensure full opportunity for
28-24 participation in public works projects by small contractors. A
28-25 program established under this section must include:
28-26 (1) a system for the centralized purchase of any
28-27 necessary insurance coverage for the public works project that is
28-28 required under Subsection (d);
28-29 (2) a public outreach plan to provide public
28-30 information about the program and to encourage small contractors to
28-31 participate in the program;
28-32 (3) a technical assistance plan to aid small
28-33 contractors in developing the skills necessary to participate in
28-34 the program in accordance with Subsection (e); and
28-35 (4) a financing assistance plan to provide
28-36 administrative and other assistance to small contractors in
28-37 obtaining any necessary financing arrangements to make the
28-38 participation of those contractors possible.
28-39 (d) A state agency or institution of higher education having
28-40 a public works project described by Subsection (a) shall provide
28-41 for the centralized purchasing of:
28-42 (1) workers' compensation insurance coverage;
28-43 (2) employer's liability insurance coverage;
28-44 (3) commercial general and excess liability coverage;
28-45 (4) payment and performance bonds with multisurety
28-46 capability; and
28-47 (5) any other analogous coverage the agency or
28-48 institution of higher education considers necessary and reasonable
28-49 for the particular public works project.
28-50 (e) A technical assistance plan adopted by a state agency or
28-51 institution of higher education having a public works project
28-52 described by Subsection (a) must include information on and
28-53 assistance in:
28-54 (1) estimating bids, the bidding process, scheduling,
28-55 and understanding bid documents;
28-56 (2) reading construction drawings and other analogous
28-57 documents;
28-58 (3) business accounting, bonds, and bond requirements;
28-59 (4) negotiation with general contractors; and
28-60 (5) any other technical, financial, and administrative
28-61 assistance considered appropriate and necessary given the
28-62 complexity and scope of the particular public works project.
28-63 (f) A state agency or institution of higher education having
28-64 a public works project described by Subsection (a) may negotiate
28-65 contracts with persons or firms having expertise in the areas that
28-66 must be included in the agency's or institution's technical
28-67 assistance plan to provide the information and assistance.
28-68 (g) A state agency or institution of higher education may
28-69 consult with the commission when implementing a small contractor
29-1 participation assistance program.
29-2 SECTION 51. Subchapter H, Chapter 2166, Government Code, is
29-3 amended by adding Section 2166.357 to read as follows:
29-4 Sec. 2166.357. CONSTRUCTION STANDARDS. A state agency
29-5 responsible for the construction of a structure or facility or the
29-6 repair or rehabilitation of an existing structure or facility shall
29-7 ascertain that the project complies with applicable standards for
29-8 new construction, repair, or rehabilitation adopted under this
29-9 subtitle and shall file a statement to that effect with the
29-10 comptroller.
29-11 SECTION 52. Subsection (a), Section 2170.001, Government
29-12 Code, is amended by adding Subdivision (3) to read as follows:
29-13 (3) "State agency" has the meaning assigned by Section
29-14 2151.002.
29-15 SECTION 53. Subchapter A, Chapter 2170, Government Code, is
29-16 amended by adding Sections 2170.009 through 2170.011 to read as
29-17 follows:
29-18 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
29-19 station telephone may be located in the Capitol area only with the
29-20 approval of the commission. The commission shall collect the
29-21 revenue from the installation and operation of the pay telephones
29-22 and deposit it to the credit of the general revenue fund.
29-23 (b) In a state-owned or state-leased building or on
29-24 state-owned land to which Subsection (a) does not apply, a pay
29-25 telephone may be installed only with the approval of the governing
29-26 body of the state entity that has charge and control of the
29-27 building or land. The entity shall collect the revenue from the
29-28 installation and operation of the pay telephones and deposit it to
29-29 the credit of the general revenue fund.
29-30 (c) The commission or other state entity shall account for
29-31 the revenue collected under this section in the entity's annual
29-32 report.
29-33 Sec. 2170.010. COST OF NOT USING STATE TELEPHONE SYSTEM.
29-34 Each state agency shall advise agency employees that an employee
29-35 may be held liable for the difference in cost between a
29-36 telecommunications system call that does not use the state's
29-37 consolidated telecommunications system and a call that does unless:
29-38 (1) the executive head of the agency certifies to the
29-39 comptroller that an emergency existed;
29-40 (2) the commission determines that the call that did
29-41 not use the state's system is more cost-effective; or
29-42 (3) the state system is not available at the
29-43 employee's location.
29-44 Sec. 2170.011. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
29-45 state agency and its officers and employees may not use
29-46 appropriated money to buy or rent or pay toll charges for a
29-47 telephone for which the telephone number is not listed or available
29-48 from directory assistance to the general public unless the unlisted
29-49 telephone number is used:
29-50 (1) to provide access to computers, telephone system
29-51 control centers, long-distance networks, elevator control systems,
29-52 and other tone controlled devices for which restricted access to
29-53 the telephone number is justified for security or other purposes;
29-54 (2) in narcotics undercover operations; or
29-55 (3) in the detection of illegal sales of securities.
29-56 SECTION 54. Section 2170.051, Government Code, is amended to
29-57 read as follows:
29-58 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
29-59 commission shall manage the operation of a system of
29-60 telecommunications services for all state agencies. Each agency
29-61 shall identify its particular requirements for telecommunications
29-62 services and the site at which the services are to be provided.
29-63 (b) The commission shall fulfill the telecommunications
29-64 requirements of each state agency to the extent possible and to the
29-65 extent that money is appropriated or available for that purpose.
29-66 (c) A state agency shall use the consolidated
29-67 telecommunications system to the fullest extent possible. A state
29-68 agency may not acquire telecommunications services unless the
29-69 commission and the Department of Information Resources determine
30-1 that the agency's requirement for telecommunications services
30-2 cannot be met by the consolidated telecommunications system.
30-3 (d) A state agency may not enter into or renew a contract
30-4 with a carrier or other provider of telecommunications services
30-5 without obtaining a waiver from the commission and the Department
30-6 of Information Resources certifying that the requested
30-7 telecommunications services cannot be provided at a reasonable cost
30-8 on the consolidated telecommunications system. The commission and
30-9 the department shall evaluate requests for waivers based on
30-10 cost-effectiveness to the state government as a whole. A waiver
30-11 may be granted for a specific period and will automatically expire
30-12 on the stated expiration date unless an extension is approved by
30-13 the commission and the department. A contract for
30-14 telecommunications services obtained under waiver may not extend
30-15 beyond the expiration date of the waiver.
30-16 SECTION 55. Chapter 2203, Government Code, is amended by
30-17 adding Sections 2203.004 through 2203.006 to read as follows:
30-18 Sec. 2203.004. PREPARATION AND SALE OF HEARINGS TRANSCRIPTS.
30-19 (a) Proceeds from the sale of transcripts made by a hearings
30-20 reporter who is a state employee shall be deposited in the state
30-21 treasury if the copies of the transcript are made on state time or
30-22 using state supplies or equipment.
30-23 (b) A state agency that allows its employees to keep the
30-24 proceeds from the sale of transcripts shall develop procedures to
30-25 assure that neither state equipment nor supplies are used to
30-26 prepare copies of the transcripts.
30-27 Sec. 2203.005. REQUIREMENT TO USE STATE PROPERTY FOR STATE
30-28 PURPOSES. State property may be used only for state purposes. A
30-29 person may not entrust state property to a state officer or
30-30 employee or to any other person if the property is not to be used
30-31 for state purposes.
30-32 Sec. 2203.006. VENDING MACHINES AUTHORIZED. (a) In a
30-33 state-owned or state-leased building or on state-owned or
30-34 state-leased property that is not served by a vendor operating
30-35 under the supervision of the Texas Commission for the Blind, a
30-36 vending machine may be located in the building or on the property
30-37 only with the approval of the governing body of the state agency
30-38 that has charge and control of the building or property. The
30-39 approval must be recorded in the minutes of a meeting of the
30-40 governing body.
30-41 (b) The state agency shall file with the General Services
30-42 Commission a copy of all contracts between the state agency and the
30-43 vendor related to the vending machine and a written description of
30-44 the location of the vending machine.
30-45 (c) All rentals, commissions, or other net revenue the state
30-46 agency receives in connection with the vending machine shall be
30-47 accounted for as state money. The agency shall account for the
30-48 revenue received under this section in the agency's annual report
30-49 prepared as required by the General Appropriations Act.
30-50 (d) In a state-owned or state-leased building or on
30-51 state-owned or state-leased property that is served by a vendor
30-52 operating under the supervision of the Texas Commission for the
30-53 Blind, a vending machine may be located and operated in the
30-54 building or on the property only under a joint contract with the
30-55 owners of the vending machine and the vendor operating under the
30-56 supervision of the Texas Commission for the Blind.
30-57 SECTION 56. Subchapter A, Chapter 2254, Government Code, is
30-58 amended by adding Section 2254.0031 to read as follows:
30-59 Sec. 2254.0031. INDEMNIFICATION. A state agency may require
30-60 the contractor to indemnify or hold harmless the state from claims
30-61 and liabilities resulting from the negligent acts or omissions of
30-62 the contractor or persons employed by the contractor. A state
30-63 agency may not require a contractor to indemnify or hold harmless
30-64 the state for claims or liabilities resulting from the negligent
30-65 acts or omissions of the agency or its employees.
30-66 SECTION 57. Subchapter A, Chapter 2254, Government Code, is
30-67 amended by adding Section 2254.006 to read as follows:
30-68 Sec. 2254.006. CONTRACT NOTIFICATION. (a) Not later than
30-69 the 10th day after the date a state agency enters into a contract
31-1 under this subchapter, the agency shall provide written notice,
31-2 using a form prescribed by the Legislative Budget Board, to:
31-3 (1) the Legislative Budget Board;
31-4 (2) the appropriations committee of the house of
31-5 representatives;
31-6 (3) the finance committee of the senate; and
31-7 (4) any committees of the house of representatives or
31-8 the senate that provide oversight for the state agency.
31-9 (b) Subsection (a) applies to any amendment, modification,
31-10 renewal, or extension of any contract subject to this section.
31-11 (c) Subsections (a) and (b) do not apply to a contract,
31-12 including any amendments, modifications, renewals, or extensions,
31-13 that:
31-14 (1) has a total value of less than $1,000; or
31-15 (2) is for medical or optometric services.
31-16 (d) In this section, "state agency" has the meaning assigned
31-17 by Section 2151.002.
31-18 SECTION 58. Subchapter B, Chapter 2254, Government Code, is
31-19 amended by adding Section 2254.0301 to read as follows:
31-20 Sec. 2254.0301. CONTRACT NOTIFICATION. (a) Not later than
31-21 the 10th day after the date a state agency enters into a contract
31-22 under this subchapter, the agency shall provide written notice,
31-23 using a form prescribed by the Legislative Budget Board, to:
31-24 (1) the Legislative Budget Board;
31-25 (2) the appropriations committee of the house of
31-26 representatives;
31-27 (3) the finance committee of the senate; and
31-28 (4) any committees of the house of representatives or
31-29 the senate that provide oversight for the state agency.
31-30 (b) Subsection (a) applies to any amendment, modification,
31-31 renewal, or extension of any contract subject to this section.
31-32 (c) Subsections (a) and (b) do not apply to a contract,
31-33 including any amendments, modifications, renewals, or extensions,
31-34 that has a total value of less than $1,000.
31-35 (d) In this section, "state agency" has the meaning assigned
31-36 by Section 2151.002.
31-37 SECTION 59. Section 2256.005, Government Code, is amended by
31-38 adding Subsection (n) to read as follows:
31-39 (n) The investment officer of an investing entity shall
31-40 submit a quarterly investment report to the governing body of the
31-41 investing entity. For each individual investment as of the date of
31-42 the report, the report must describe:
31-43 (1) the carrying value;
31-44 (2) the market value;
31-45 (3) the maturity date; and
31-46 (4) the account or fund in the investing entity's
31-47 budget that provided the funding.
31-48 SECTION 60. Subchapter D, Chapter 11, Natural Resources
31-49 Code, is amended by adding Section 11.0791 to read as follows:
31-50 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
31-51 LANDS. (a) When a state governmental entity, including a river
31-52 authority, sells state land, the entity shall require that the
31-53 state have the right of ingress and egress to remaining state land
31-54 in the immediate area by an easement to a public thoroughfare.
31-55 (b) A state governmental entity, including a river
31-56 authority, may not spend state money, including money passed
31-57 through the entity from another source or bond money guaranteed by
31-58 the state, for any purpose not specifically authorized by statute
31-59 with a person who denies the state access by easement to landlocked
31-60 state properties.
31-61 SECTION 61. Subchapter D, Chapter 11, Natural Resources
31-62 Code, is amended by adding Section 11.083 to read as follows:
31-63 Sec. 11.083. RETENTION OF MINERAL RIGHTS. If it is
31-64 practical to do so, the state shall retain the mineral rights to
31-65 state land that is sold.
31-66 SECTION 62. Section 34.057, Natural Resources Code, is
31-67 amended by adding Subsections (e) and (f) to read as follows:
31-68 (e) A board shall include a provision in all mineral leases
31-69 to allow the taking in kind of any royalties due to the state.
32-1 Before buying oil, gas, coal, lignite, or other natural resources
32-2 used in the production of energy, the Parks and Wildlife Department
32-3 and the Texas Department of Criminal Justice shall each use, to the
32-4 greatest extent practical, resources produced from land it owns to
32-5 meet its energy requirements.
32-6 (f) A board may include a provision in leases providing for
32-7 placing state meters on all gas wells at the wellhead to monitor
32-8 the amount of gas taken.
32-9 SECTION 63. Subsection (a), Section 21.003, Labor Code, is
32-10 amended to read as follows:
32-11 (a) The commission may:
32-12 (1) promote the creation of local commissions on human
32-13 rights by cooperating or contracting with individuals or state,
32-14 local, or other agencies, public or private, including agencies of
32-15 the federal government and of other states;
32-16 (2) receive, investigate, seek to conciliate, and pass
32-17 on complaints alleging violations of this chapter;
32-18 (3) file civil actions to effectuate the purposes of
32-19 this chapter;
32-20 (4) request and, if necessary, compel by subpoena:
32-21 (A) the attendance of necessary witnesses for
32-22 examination under oath; and
32-23 (B) the production, for inspection and copying,
32-24 of records, documents, and other evidence relevant to the
32-25 investigation of alleged violations of this chapter;
32-26 (5) furnish technical assistance requested by a person
32-27 subject to this chapter to further compliance with this chapter or
32-28 with a rule or order issued under this chapter;
32-29 (6) recommend in its annual report legislation or
32-30 other action to carry out the purposes and policies of this
32-31 chapter;
32-32 (7) adopt procedural rules to carry out the purposes
32-33 and policies of this chapter;
32-34 (8) provide educational and outreach activities to
32-35 individuals who have historically been victims of employment
32-36 discrimination; [and]
32-37 (9) require state agencies and public institutions of
32-38 higher education to develop and implement personnel policies that
32-39 comply with this chapter, including personnel selection procedures
32-40 that incorporate a work force diversity program;
32-41 (10) require state agencies and public institutions or
32-42 systems of higher education to develop and implement narrowly
32-43 tailored hiring policies and procedures as determined by the
32-44 commission that shall be incorporated into a work force diversity
32-45 program until the current effects of past discrimination or
32-46 exclusion in certain classifications of otherwise qualified persons
32-47 have been fully remedied as certified by the commission, provided
32-48 that the commission shall continue to monitor the hiring policies
32-49 and procedures of state agencies or public institutions or systems
32-50 of higher education through annual work force utilization analyses
32-51 as required by Section 21.502 and shall require the implementation
32-52 of narrowly tailored hiring policies and procedures after a finding
32-53 by the commission that discrimination or exclusion in certain
32-54 classifications exists; and
32-55 (11) adopt rules and guidelines defining the policies,
32-56 procedures, actions, and reporting requirements for the
32-57 implementation of Subdivision (10) and Section 21.502.
32-58 SECTION 64. Chapter 21, Labor Code, is amended by adding
32-59 Subchapter I to read as follows:
32-60 SUBCHAPTER I. WORK FORCE UTILIZATION ANALYSES
32-61 Sec. 21.501. LEGISLATIVE FINDING. On the basis of the
32-62 annual work force utilization analyses as reported to the
32-63 legislature by the commission pursuant to the General
32-64 Appropriations Act, the legislature finds that due to the current
32-65 effects of past discrimination or exclusion certain classifications
32-66 of otherwise qualified persons have been denied equal employment
32-67 opportunities by certain state agencies and public institutions or
32-68 systems of higher education.
32-69 Sec. 21.502. REPORTING. The commission shall conduct annual
33-1 work force utilization analyses for state agencies and public
33-2 institutions or systems of higher education and shall report its
33-3 findings to the legislature at the beginning of each biennium. Any
33-4 state agency or public institution or system of higher education
33-5 that fails to comply with the annual reporting requirements
33-6 established by the commission shall pay to the commission a penalty
33-7 not to exceed $2,000 from funds appropriated by the legislature for
33-8 each reporting period that the state agency or public institution
33-9 or system of higher education fails to comply.
33-10 SECTION 65. This Act takes effect September 1, 1997.
33-11 SECTION 66. The importance of this legislation and the
33-12 crowded condition of the calendars in both houses create an
33-13 emergency and an imperative public necessity that the
33-14 constitutional rule requiring bills to be read on three several
33-15 days in each house be suspended, and this rule is hereby suspended.
33-16 * * * * *