By: Armbrister S.B. No. 495
A BILL TO BE ENTITLED
AN ACT
1-1 relating to travel expenses incurred by state officers and
1-2 employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 660.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 660.002. DEFINITIONS. In this chapter:
1-7 (1) "Appropriated funds" means funds appropriated
1-8 under the General Appropriations Act.
1-9 (2) "Board" means a board, commission, committee,
1-10 council, governing body, or similar entity in the executive,
1-11 legislative, or judicial branch of state government that is
1-12 composed of two or more members.
1-13 (3) "Cancellation charge" means a fee, charge, or
1-14 payment that a provider of travel services assesses or retains
1-15 because of the cancellation of a travel reservation or other travel
1-16 plan.
1-17 (4) "Chief administrator of a state agency" means:
1-18 (A) an elected state official, including a
1-19 member of a board whose membership is elected by vote of the people
1-20 but excluding a member of the legislature;
1-21 (B) an appointed state official, including an
1-22 individual [official] whose appointment as a state official has not
1-23 yet been confirmed by the [is subject to] senate [confirmation];
2-1 (C) the director of a legislative interim
2-2 committee or board;
2-3 (D) the chief administrator of a state hospital
2-4 or special school; [and]
2-5 (E) the chief administrator of an [a state]
2-6 institution of higher education;
2-7 (F) a first assistant, chief deputy, chief
2-8 clerk, or similar individual employed by a state agency who is
2-9 specifically authorized by law to act for the individual's
2-10 superior; and
2-11 (G) the individual who has the daily
2-12 responsibility for managing the operations of a state agency that
2-13 is governed by a part-time board.
2-14 (5) "Commercial lodging establishment" means:
2-15 (A) a motel, hotel, inn, apartment, house, or
2-16 similar establishment that provides lodging to the public for pay;
2-17 or
2-18 (B) a person or establishment that provides
2-19 lodging for pay that the comptroller determines to have a
2-20 sufficient number of the characteristics of a commercial lodging
2-21 establishment for purposes of this chapter.
2-22 (6) "Commercial transportation company" means a person
2-23 that offers to the public to transport people or goods for pay.
2-24 (7) "Designated headquarters" means:
2-25 (A) the area within:
3-1 (i) the boundaries of the incorporated
3-2 municipality in which the state employee's place of employment is
3-3 located; or
3-4 (ii) a five-mile radius of the state
3-5 employee's place of employment, if the state employee's place of
3-6 employment is located within an unincorporated area; and
3-7 (B) any area completely surrounded by the
3-8 incorporated municipality in which the state employee's place of
3-9 employment is located.
3-10 (8) "Disability" means a physical or mental impairment
3-11 of an individual that substantially limits one or more major life
3-12 activities of the individual.
3-13 (9) "Duty point" means the destination, other than a
3-14 place of employment, to which a state employee travels to conduct
3-15 official state business. If the destination is outside the
3-16 employee's designated headquarters, the duty point is:
3-17 (A) the incorporated municipality in which the
3-18 destination is located; or
3-19 (B) the area within a five-mile radius of the
3-20 destination if the destination is located in an unincorporated
3-21 area.
3-22 (10) "Incidental expense" means an expense incurred
3-23 while traveling on official state business. The term includes a
3-24 mandatory insurance or service charge and an applicable tax. The
3-25 term does not include:
4-1 (A) a meal, lodging, or transportation expense,
4-2 including a tax on a meal;
4-3 (B) a personal expense;
4-4 (C) an expense that a person would incur
4-5 regardless of whether the person is traveling on official state
4-6 business; or
4-7 (D) a tip or gratuity.
4-8 (11) "Institutional funds" has the meaning assigned by
4-9 Section 51.009, Education Code.
4-10 (12) "Institution of higher education" has the meaning
4-11 assigned by Section 61.003, Education Code.
4-12 (13) "Key official" means a chief administrator of a
4-13 state agency or a person holding a position that has been
4-14 designated as exempt from the position classification plan in
4-15 accordance with the General Appropriations Act or by the governor
4-16 under Chapter 654.
4-17 (14) "Lease" means a contract with a term of at least
4-18 one month that gives the lessee possession and use of property or
4-19 equipment while the lessor retains ownership of the property or
4-20 equipment.
4-21 (15) "Place of employment" means the office or other
4-22 location at which a state employee most frequently conducts
4-23 official state business.
4-24 (16) "Prospective state employee" means an individual
4-25 that a state agency considers for employment with the agency. The
5-1 term includes a state employee of a state agency who is considered
5-2 for employment by another state agency.
5-3 (17) "Receipt" means the tangible or electronically
5-4 stored version of an invoice, ticket, bill, document, or other item
5-5 that the comptroller accepts as proof that a travel expense has
5-6 been incurred by a state employee.
5-7 (18) "Rented or public conveyance" means a motor
5-8 vehicle, train, aircraft, boat, or bicycle that a state employee
5-9 rents or pays a fare to use for a period of less than one month.
5-10 (19) "State agency" means:
5-11 (A) a unit of state government that uses
5-12 appropriated funds to pay or reimburse a travel expense of a state
5-13 employee;
5-14 (B) the Teacher Retirement System of Texas; or
5-15 (C) the Employees Retirement System of Texas.
5-16 (20) "State employee" means a person employed by a
5-17 state agency. The term includes a key official unless this chapter
5-18 specifically provides otherwise.
5-19 (21) "Travel expense" means a meal, lodging,
5-20 transportation, or incidental expense.
5-21 (22) "Unit of state government" includes an
5-22 institution of higher education.
5-23 [(2) "Per diem allowance" means a flat daily rate that
5-24 is paid instead of actual expenses for meals and lodging and is
5-25 compensation for official travel purposes only.]
6-1 SECTION 2. Section 660.003, Government Code, is amended to
6-2 read as follows:
6-3 Sec. 660.003. APPLICABILITY. (a) This chapter, the General
6-4 Appropriations Act, and the rules adopted by the comptroller under
6-5 this chapter govern the procedures, amounts, timing, limits,
6-6 required documentation, permissible payees, distinctions among
6-7 different types of state employees, and all other details
6-8 concerning travel expense payments or reimbursements by a state
6-9 agency.
6-10 (b) Except as provided by Subsections (c) and (d), this
6-11 chapter and the travel provisions of the General Appropriations Act
6-12 apply to a travel expense only to the extent that appropriated
6-13 funds are used to pay or reimburse the expense.
6-14 (c) This chapter and the travel provisions of the General
6-15 Appropriations Act apply to a travel expense paid or reimbursed by
6-16 the Employees Retirement System of Texas or the Teacher Retirement
6-17 System of Texas, regardless of whether the funds used to make the
6-18 payment or reimbursement are appropriated funds.
6-19 (d) A law outside this chapter that states that this
6-20 chapter, the travel provisions of the General Appropriations Act,
6-21 or both, apply to a travel expense prevails over a provision to the
6-22 contrary in this chapter.
6-23 (e) A state agency may pay or reimburse a travel expense
6-24 only if:
6-25 (1) the expense is reasonable and necessary;
7-1 (2) the purpose of the travel clearly involves
7-2 official state business and is consistent with the agency's legal
7-3 authority; and
7-4 (3) the expense and the travel during which the
7-5 expense is incurred comply with:
7-6 (A) this chapter;
7-7 (B) the rules adopted by the comptroller under
7-8 this chapter; and
7-9 (C) the travel provisions of the General
7-10 Appropriations Act.
7-11 (f) A travel expense may be paid or reimbursed according to
7-12 the requirements of an applicable federal law or regulation, and
7-13 this chapter does not apply to the extent necessary to avoid
7-14 conflict with an applicable federal law or regulation [applies to:]
7-15 [(1) a state officer;]
7-16 [(2) a chief administrator of a state agency;]
7-17 [(3) a state employee; and]
7-18 [(4) a prospective state employee who incurs expenses
7-19 when requested to visit a state agency, department, or institution
7-20 of higher education for an employment interview and evaluation].
7-21 SECTION 3. Section 660.004, Government Code, is amended to
7-22 read as follows:
7-23 Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED [INCURRED]
7-24 BY [OFFICIALS OR EMPLOYEES OF] INSTITUTIONS OF HIGHER EDUCATION.
7-25 (a) This chapter does not apply to a [reimbursement for] travel
8-1 expense to the extent an institution of higher education pays or
8-2 reimburses the expense from institutional funds [expenses:]
8-3 [(1) incurred by an official or employee of the
8-4 athletic department of an institution of higher education;]
8-5 [(2) to an official or employee of an institution of
8-6 higher education from a gift or bequest; or]
8-7 [(3) of an official or employee of an institution of
8-8 higher education if the expenses are paid or reimbursed to the
8-9 institution under a contract between the institution and the
8-10 federal government or another contracting agency].
8-11 (b) The governing board of an [each] institution of higher
8-12 education shall adopt [necessary] rules as necessary to administer
8-13 and control travel expense payments and reimbursements that are
8-14 exempt from this chapter under Subsection (a) [for the
8-15 administration and control of travel by an official or employee
8-16 exempted by this section].
8-17 SECTION 4. Subchapter A, Chapter 660, Government Code, is
8-18 amended by adding Sections 660.006 through 660.018 to read as
8-19 follows:
8-20 Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A
8-21 state agency that provides advance authorization to a prospective
8-22 state employee to visit the agency for an interview or other
8-23 employment evaluation may:
8-24 (1) reimburse the prospective state employee for a
8-25 travel expense incurred as a result of visiting the agency; or
9-1 (2) pay a vendor for a travel expense incurred by the
9-2 prospective state employee as a result of visiting the agency.
9-3 (b) A state agency shall treat a prospective state employee
9-4 as a state employee for the purposes of reimbursing or paying a
9-5 travel expense of the prospective state employee. The amount of
9-6 the payment or reimbursement is limited to the amount that may be
9-7 paid or reimbursed for travel expenses incurred by an individual
9-8 who holds the position for which the prospective state employee is
9-9 being considered.
9-10 Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency
9-11 shall minimize the amount of travel expenses paid or reimbursed by
9-12 the agency. The agency shall ensure that each travel arrangement
9-13 is the most cost effective considering all relevant circumstances.
9-14 (b) A state agency may specify a travel expense payment or
9-15 reimbursement rate that is less than the maximum rate specified in
9-16 this chapter or the travel provisions of the General Appropriations
9-17 Act. The lower rate applies only to a travel expense incurred
9-18 after the agency has notified the affected individuals in writing
9-19 about the rate. The agency is solely responsible for enforcing the
9-20 rate.
9-21 Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A
9-22 state agency may pay or reimburse a state employee for a travel
9-23 expense the employee incurs while using personal or compensatory
9-24 leave if:
9-25 (1) the leave is used while the employee is away from
10-1 the employee's designated headquarters;
10-2 (2) the primary purpose of the employee's being away
10-3 is to conduct official state business; and
10-4 (3) the agency determines that returning the employee
10-5 to the employee's designated headquarters while using the leave
10-6 would not be cost effective or would be impracticable.
10-7 Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS.
10-8 A state agency may pay or reimburse a state employee for a travel
10-9 expense the employee incurs as a result of attempting to conduct
10-10 official state business if:
10-11 (1) the employee is unable to conduct the business
10-12 because of a natural disaster or other natural occurrence; and
10-13 (2) the expense would be payable or reimbursable had
10-14 the official state business been conducted.
10-15 Sec. 660.010. TRAVEL EXPENSES INCURRED TO OBTAIN MEDICAL
10-16 CARE. As additional compensation to a state employee, a state
10-17 agency may pay or reimburse the employee for a travel expense the
10-18 employee incurs while obtaining medical care for the employee if:
10-19 (1) the expense is incurred outside the employee's
10-20 designated headquarters;
10-21 (2) the purpose of the employee traveling outside the
10-22 employee's designated headquarters was to conduct official state
10-23 business;
10-24 (3) waiting to receive the care until the employee
10-25 returns to the employee's designated headquarters would be
11-1 unreasonable; and
11-2 (4) the expense is paid or reimbursed only to the
11-3 extent it would have been paid or reimbursed had it been incurred
11-4 while conducting official state business.
11-5 Sec. 660.011. TRAVEL EXPENSES INCURRED TO ATTEND FUNERAL.
11-6 As additional compensation to a state employee, a state agency may
11-7 reimburse the employee for or pay a travel expense the employee
11-8 incurs while attending the funeral of an individual who was a state
11-9 employee, a board member, or a member of the legislature if:
11-10 (1) the agency determines that the employee's
11-11 attendance at the funeral is appropriate under the circumstances;
11-12 and
11-13 (2) the expense is paid or reimbursed only to the
11-14 extent it could have been paid or reimbursed had it been incurred
11-15 while conducting official state business.
11-16 Sec. 660.012. TRAVEL EXPENSES INCURRED RETURNING TO
11-17 DESIGNATED HEADQUARTERS. (a) A state agency that requires a state
11-18 employee on personal or compensatory leave to return to the
11-19 employee's designated headquarters from another location may pay or
11-20 reimburse the employee for a travel expense incurred by the
11-21 employee while traveling to the headquarters. The agency may pay
11-22 or reimburse a travel expense incurred by the employee while
11-23 traveling back to the location at which the employee was staying
11-24 while on leave or, when appropriate, to the proper location on the
11-25 employee's itinerary, if the employee resumes the leave.
12-1 (b) A state agency may pay or reimburse a state employee for
12-2 a travel expense incurred when the employee returns, before
12-3 official state business is completed, from a duty point to the
12-4 employee's designated headquarters because of an illness or a
12-5 personal emergency.
12-6 Sec. 660.013. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER
12-7 AGENCIES. A state agency may pay or reimburse a travel expense
12-8 incurred by another state agency's employee if the employee
12-9 incurred the expense while providing services to the paying or
12-10 reimbursing agency.
12-11 Sec. 660.014. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL
12-12 AGENTS. (a) If a state agency may directly pay a commercial
12-13 lodging establishment or a commercial transportation company under
12-14 this chapter, the agency may instead pay a credit card issuer or a
12-15 travel agency for the lodging or transportation.
12-16 (b) The documentation required for direct payment to a
12-17 commercial lodging establishment or commercial transportation
12-18 company is also required for payment to a credit card issuer or a
12-19 travel agency.
12-20 Sec. 660.015. CANCELLATION CHARGES. A state agency may pay
12-21 or reimburse a state employee for a cancellation charge if:
12-22 (1) the charge is incurred for a reason related to
12-23 official state business or to official state business that could
12-24 not be conducted because of a natural disaster or other natural
12-25 occurrence; or
13-1 (2) the charge is:
13-2 (A) related to a transportation expense that was
13-3 paid in advance to obtain lower rates; and
13-4 (B) incurred because the employee was unable to
13-5 use the transportation because of an illness or a personal
13-6 emergency.
13-7 Sec. 660.016. PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL
13-8 EXPENSE REIMBURSEMENTS FROM CERTAIN PERSONS. (a) Unless
13-9 authorized by law, a state employee may not accept money for wages
13-10 or for a travel expense reimbursement from a person that the
13-11 employee's employing state agency intends to audit, examine, or
13-12 investigate or is auditing, examining, or investigating.
13-13 (b) A state employee who violates Subsection (a) shall
13-14 forfeit the money or travel expense reimbursement to the state.
13-15 (c) Subsections (a) and (b) are in addition to any other
13-16 prohibitions, penalties, and forfeitures imposed or required by
13-17 other law.
13-18 Sec. 660.017. EXCESS REIMBURSEMENTS. A state employee who
13-19 receives a reimbursement for a travel expense that exceeds the
13-20 amount the employee may receive under this chapter or the travel
13-21 provisions of the General Appropriations Act shall immediately
13-22 return the amount of the excess.
13-23 Sec. 660.018. MULTIPLE ADVANCES OR REIMBURSEMENTS FOR A
13-24 TRAVEL EXPENSE. A state employee may not accept a reimbursement or
13-25 advance for a travel expense from more than one source. A state
14-1 employee who anticipates receiving or actually receives a
14-2 reimbursement or advance for a travel expense from a person other
14-3 than a state agency may seek an advance or reimbursement for the
14-4 expense from a state agency only to the extent that the amount of
14-5 the employee's advance or reimbursement from the other source is
14-6 less than the amount of the total expense incurred.
14-7 SECTION 5. Section 660.021, Government Code, is amended to
14-8 read as follows:
14-9 Sec. 660.021. RULES. The comptroller shall adopt rules for
14-10 the effective and efficient administration [to administer the
14-11 travel regulations] of this chapter and the travel provisions of
14-12 the General Appropriations Act.
14-13 SECTION 6. Section 660.024, Government Code, is amended to
14-14 read as follows:
14-15 Sec. 660.024. ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL
14-16 TRAVEL. (a) A state agency may not pay or reimburse a [Travel
14-17 related to official state business for which a reimbursement for]
14-18 travel expense incurred by a state employee that is related to
14-19 travel to, in, or from a foreign nation unless [expenses is claimed
14-20 or for which an advance for travel expenses to be incurred is
14-21 sought must have the advance written approval of] the governor
14-22 provides written approval of the travel before it begins. The
14-23 governor may specify the maximum amount of travel expenses that may
14-24 be reimbursed.
14-25 (b) Subsection (a) applies to a travel expense only if it is
15-1 incurred while traveling to, in, or from a destination that is not
15-2 in [does not apply to travel]:
15-3 (1) the United States [in this state]; [or]
15-4 (2) a possession of the United States;
15-5 (3) [to, in, and from another state,] Mexico;[,] or
15-6 (4) Canada.
15-7 (c) The governor may give general approval [blanket
15-8 authority] for international travel by:
15-9 (1) personnel of the International Trade Development
15-10 Division of the Texas Department of Commerce; and
15-11 (2) law enforcement personnel of the Department of
15-12 Public Safety.
15-13 (d) If the governor's approval is required by this section,
15-14 the comptroller may require proof of that approval.
15-15 (e) The governor may designate an employee of the governor's
15-16 office to provide the approval required by this section.
15-17 SECTION 7. Section 660.025, Government Code, is amended to
15-18 read as follows:
15-19 Sec. 660.025. ADVANCE PAYMENT PROCEDURE. (a) The
15-20 comptroller by rule shall establish a procedure by which travel
15-21 expense money may be advanced to a state [officer or] employee [may
15-22 receive an advance payment for projected travel expenses for a
15-23 particular exercise of official duty]. The procedures must be
15-24 consistent with Section 403.248.
15-25 (b) Money may not be advanced to a state employee for a
16-1 travel expense unless the expense is payable or reimbursable under
16-2 this chapter, the travel provisions of the General Appropriations
16-3 Act, and the rules adopted by the comptroller under this chapter.
16-4 [The comptroller shall require a final accounting after actual
16-5 travel expense has been determined to provide for any necessary
16-6 reimbursement or adjustment to reconcile an advance and the actual
16-7 expense incurred.]
16-8 SECTION 8. Subchapter B, Chapter 660, Government Code, is
16-9 amended by adding Sections 660.027 through 660.029 to read as
16-10 follows:
16-11 Sec. 660.027. VOUCHERS. (a) The comptroller may issue a
16-12 warrant or initiate an electronic funds transfer to pay or
16-13 reimburse a travel expense only if a state agency submits to the
16-14 comptroller a voucher that requests the payment or reimbursement.
16-15 (b) A voucher submitted under Subsection (a) is valid only
16-16 if:
16-17 (1) the state agency submitting the voucher approves
16-18 it in accordance with Chapter 2103 and, if required by law,
16-19 certifies the voucher; and
16-20 (2) the state employee who incurred the travel expense
16-21 or, if the employee is unavailable, another individual acceptable
16-22 to the comptroller approves the voucher in writing or
16-23 electronically.
16-24 (c) A voucher must be submitted in the manner required and
16-25 on the form adopted by the comptroller. The comptroller may
17-1 require the voucher to be submitted electronically as authorized by
17-2 Chapter 2103.
17-3 (d) A voucher must describe the official state business
17-4 performed and be accompanied by the information necessary for the
17-5 comptroller to determine compliance with this chapter, the travel
17-6 provisions of the General Appropriations Act, and the rules adopted
17-7 by the comptroller under this chapter.
17-8 (e) The comptroller may require a state agency to provide
17-9 the information required by Subsection (d):
17-10 (1) on the form adopted by the comptroller under
17-11 Subsection (c);
17-12 (2) by submitting receipts; or
17-13 (3) by a combination of Subdivisions (1) and (2).
17-14 Sec. 660.028. AUDITS. (a) The comptroller shall audit a
17-15 voucher either before or after the comptroller issues a warrant or
17-16 initiates an electronic funds transfer in response to the voucher.
17-17 The audit must be conducted in accordance with Sections
17-18 403.011(12), 403.071, and 403.079.
17-19 (b) If the comptroller audits a state agency's voucher after
17-20 the comptroller issues a warrant or initiates an electronic funds
17-21 transfer in response to the voucher, the comptroller may require
17-22 the agency to maintain in its files the receipts relating to the
17-23 voucher until the comptroller audits the voucher.
17-24 (c) If a state agency pays or reimburses a travel expense
17-25 without first submitting a voucher to the comptroller, the
18-1 comptroller may audit the payment or reimbursement for compliance
18-2 with this chapter and the travel provisions of the General
18-3 Appropriations Act. The comptroller may report the results of the
18-4 audit to the governor, the lieutenant governor, the speaker of the
18-5 house of representatives, the state auditor, and the Legislative
18-6 Budget Board. The state agency shall cooperate with the
18-7 comptroller and make available the receipts required by the
18-8 comptroller at the time and in the manner required by the
18-9 comptroller.
18-10 (d) The comptroller may require a state agency to maintain
18-11 in its files the receipts regarding a travel expense payment or
18-12 reimbursement for the period required by the comptroller.
18-13 Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) A state
18-14 agency shall instruct its state employees about this chapter, the
18-15 travel provisions of the General Appropriations Act, and the rules
18-16 adopted by the comptroller under this chapter.
18-17 (b) A state agency's failure or inability to instruct a
18-18 state employee as required by Subsection (a) does not excuse or
18-19 justify the employee's failure to comply with applicable laws or
18-20 rules.
18-21 SECTION 9. Subchapter C, Chapter 660, Government Code, is
18-22 amended to read as follows:
19-1 SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE
19-2 [TRAVEL EXPENSES]
19-3 Sec. 660.041. REIMBURSEMENT REQUIREMENT [TRAVEL EXPENSE
19-4 FORM]. (a) A state employee is entitled to be reimbursed as
19-5 provided by this subchapter for the employee's use of a personally
19-6 owned or leased motor vehicle.
19-7 (b) A state employee may not be reimbursed under this
19-8 subchapter for an expense other than mileage, tolls, and parking.
19-9 [The comptroller shall prescribe the form on which a travel expense
19-10 is to be submitted.]
19-11 Sec. 660.042. AMOUNT OF REIMBURSEMENT [USE OF TRAVEL EXPENSE
19-12 FORM]. A mileage reimbursement may not exceed the product of:
19-13 (1) the applicable mileage reimbursement rate as
19-14 established by the legislature in the travel provisions of the
19-15 General Appropriations Act; and
19-16 (2) the number of miles traveled as limited by this
19-17 subchapter. [(a) A state agency shall use the standard travel
19-18 expense form prescribed by the comptroller in preparing an expense
19-19 account for a traveling state employee.]
19-20 [(b) The travel expense form must state:]
19-21 [(1) the point of origin and the point of destination
19-22 for each trip;]
19-23 [(2) the reimbursable mileage, including intracity
19-24 mileage, that is traveled or projected between each point;]
19-25 [(3) the time that the employee is away or plans to be
20-1 away from designated headquarters for which the employee is or will
20-2 be entitled to travel expenses; and]
20-3 [(4) briefly and clearly the purpose of the trip and
20-4 the character of official business performed or to be performed.]
20-5 Sec. 660.043. DETERMINATION OF REIMBURSABLE MILEAGE [AMOUNT
20-6 OF REIMBURSEMENT OR ADVANCE]. (a) The number of miles traveled
20-7 that are eligible for reimbursement under this subchapter may not
20-8 exceed the number of miles of the most cost-effective route between
20-9 the origin of the state employee's travel and the final duty point
20-10 of the state employee. If a state employee conducts official state
20-11 business at duty points between the origin of the state employee's
20-12 travel and the final duty point, the most cost-effective route
20-13 between the origin and the final duty point shall include the
20-14 intermediate duty points.
20-15 (b) For the purpose of Subsection (a), the shortest route
20-16 between two points is presumed to be the most cost-effective route.
20-17 A longer route may be considered the most cost-effective route only
20-18 if:
20-19 (1) the voucher states that the longer route is more
20-20 cost effective;
20-21 (2) the voucher provides a reasonable justification
20-22 for that statement; and
20-23 (3) the statement and justification are made by the
20-24 chief administrator of the state agency making the reimbursement or
20-25 by the chief administrator's designee.
21-1 (c) The comptroller shall periodically issue and update a
21-2 mileage guide that includes a chart showing the number of miles for
21-3 the shortest route between points. The guide also may include a
21-4 chart showing the number of miles for longer routes between points.
21-5 Farm-to-market and ranch-to-market roads shall be considered when
21-6 determining the routings between points in this state. The guide
21-7 may be electronic or printed, or both.
21-8 (d) If the number of miles between points is not shown in
21-9 the guide, the mileage incurred while traveling between those
21-10 points is not reimbursable unless:
21-11 (1) the voucher itemizes the mileage on a
21-12 point-to-point basis; and
21-13 (2) the mileage is reasonable. [A reimbursement or
21-14 advance from money appropriated by the legislature for travel and
21-15 other necessary expenses incurred by a state officer, chief
21-16 administrator of a state agency, or a state employee in the active
21-17 discharge of the person's duties is in the amount provided by the
21-18 General Appropriations Act as a per diem or actual expenses as
21-19 provided by the General Appropriations Act.]
21-20 Sec. 660.044. USE OF SINGLE MOTOR VEHICLE BY MULTIPLE
21-21 EMPLOYEES [RATE OF AND METHOD OF COMPUTING PER DIEM AND
21-22 TRANSPORTATION ALLOWANCE]. (a) If two, three, or four state
21-23 employees who are employed by the same state agency travel on the
21-24 same dates with the same itinerary to conduct the same official
21-25 state business, only one of the employees may be reimbursed for
22-1 mileage.
22-2 (b) If more than four state employees who are employed by
22-3 the same state agency travel on the same dates with the same
22-4 itinerary to conduct the same official state business, a state
22-5 agency may reimburse for mileage only on the basis of one motor
22-6 vehicle for each four employees and for any fraction in excess of a
22-7 multiple of four employees.
22-8 (c) Subsections (a) and (b) do not apply to a group of state
22-9 employees if the chief administrative officer of the state agency
22-10 that employs the employees determines before travel that it is not
22-11 feasible for the employees to travel together in the same motor
22-12 vehicle. This determination may be made only for reasons related
22-13 to official state business. [The rate of and method of computing a
22-14 per diem or transportation allowance are those provided by the
22-15 General Appropriations Act].
22-16 [Sec. 660.045. PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE.
22-17 (a) A state employee may not receive a per diem allowance or a
22-18 partial per diem allowance provided by the General Appropriations
22-19 Act for time during which the employee is:]
22-20 [(1) at the employee's official designated
22-21 headquarters;]
22-22 [(2) absent from the employee's place of employment
22-23 for a reason not connected with the duties of the employee's
22-24 agency, including absence for a personal reason; or]
22-25 [(3) away from the employee's designated headquarters
23-1 for less than six consecutive hours.]
23-2 [(b) A state employee who leaves the employee's place of
23-3 employment for a reason not related to the duties of the employee's
23-4 agency shall clearly indicate on the required travel expense form
23-5 the absence and the hour and date of departure from and return to
23-6 the employee's place of employment.]
23-7 [Sec. 660.046. APPROVAL AND PAYMENT OF CLAIM. (a) The
23-8 comptroller shall approve a claim for travel expense.]
23-9 [(b) The comptroller shall issue a warrant for payment of an
23-10 approved claim for travel expense.]
23-11 [Sec. 660.047. PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY
23-12 FROM CERTAIN PERSONS. (a) A state officer or employee who is
23-13 traveling to perform an official duty may not accept money for
23-14 wages or expenses from a person who is or who may be audited,
23-15 examined, inspected, or investigated by the state.]
23-16 [(b) A state officer or employee who is traveling to perform
23-17 an official duty may receive travel expenses only from amounts
23-18 appropriated by the General Appropriations Act.]
23-19 [(c) The comptroller may not pay the salary of a state
23-20 employee who violates this section.]
23-21 [Sec. 660.048. OVERPAYMENT. A state officer or employee who
23-22 receives an overpayment for a travel expense from money
23-23 appropriated by the General Appropriations Act shall reimburse the
23-24 state for the overpayment.]
23-25 [Sec. 660.049. PROHIBITION APPLICABLE TO TRAVEL COMPENSATION
24-1 BY OTHER PERSONS. (a) A state officer or employee may not receive
24-2 a double travel expense payment.]
24-3 [(b) A state employee who is to be compensated for travel
24-4 expenses from a person other than a state agency may not seek an
24-5 advance payment or receive a reimbursement for the travel from
24-6 money authorized by the General Appropriations Act.]
24-7 [Sec. 660.050. LOCAL TRANSPORTATION ALLOWANCE. (a) A state
24-8 employee whose duties customarily require travel within the
24-9 employee's designated headquarters may be paid a local
24-10 transportation allowance for the travel.]
24-11 [(b) The allowance may not exceed the transportation
24-12 allowance for use of a privately owned automobile under the General
24-13 Appropriations Act.]
24-14 [(c) Notwithstanding the General Appropriations Act, a state
24-15 employee with a physical disability that precludes the personal
24-16 operation of a privately owned automobile may receive a reasonable
24-17 local transportation allowance not to exceed the amount to which
24-18 the employee would be entitled for similar travel outside the
24-19 employee's designated headquarters.]
24-20 [Sec. 660.051. COURTESY CARD. A state officer or employee
24-21 may use a courtesy card for travel by air, rail, or bus.]
24-22 [Sec. 660.052. DETERMINATION OF MILEAGE FOR TRAVEL BY
24-23 PRIVATELY OWNED CONVEYANCE. The comptroller shall determine
24-24 mileage for the purpose of a reimbursement or advance payment for
24-25 travel by a privately owned conveyance by:]
25-1 [(1) computing the shortest highway distance between
25-2 the point of origin and the destination using intermediate points
25-3 at which official state business is conducted; and]
25-4 [(2) adding other necessary mileage at points at which
25-5 official state business is conducted.]
25-6 [Sec. 660.053. DETERMINATION OF MILEAGE FOR TRAVEL BY
25-7 PERSONAL CAR. (a) In determining the amount of a reimbursement or
25-8 advance payment for travel by privately owned car in the state, the
25-9 comptroller shall:]
25-10 [(1) compute all distances according to the shortest
25-11 route between points;]
25-12 [(2) adopt a mileage guide that is available both
25-13 electronically and in a printed version that includes information
25-14 on distances and provides the shortest route between points in the
25-15 state, including any farm-to-market road; and]
25-16 [(3) update the mileage guide as necessary.]
25-17 [(b) The comptroller shall encourage use of the electronic
25-18 mileage guide. The comptroller may prescribe the circumstances
25-19 under which a state agency may rely on the printed mileage guide.]
25-20 [Sec. 660.054. MULTIPLE USE OF SINGLE PRIVATELY OWNED
25-21 CONVEYANCE BY STATE EMPLOYEES. (a) If two or more state employees
25-22 travel in a single privately owned conveyance, only one employee
25-23 may receive a transportation allowance.]
25-24 [(b) This section does not prohibit each state employee
25-25 traveling in a privately owned conveyance from receiving a per diem
26-1 allowance.]
26-2 [Sec. 660.055. MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR.
26-3 (a) If two, three, or four state officers or employees travel in a
26-4 privately owned car, only one reimbursement or advance payment for
26-5 the car's mileage may be claimed and allowed.]
26-6 [(b) The comptroller shall consider the travel claims of the
26-7 officers and employees as multiple claims and may pay only one
26-8 claim to the extent of mileage claimed.]
26-9 [(c) If more than four employees travel in more than one
26-10 car, full mileage is allowed for one car for each four employees
26-11 and for any fraction in excess of a multiple of four employees.]
26-12 [(d) A state officer or employee must obtain the advance
26-13 approval of the chief administrator of the officer's or employee's
26-14 state agency if it is not feasible for the officer or employee to
26-15 travel in the same car. Approval under this subsection authorizes
26-16 reimbursement or advance payment for travel by the officer or
26-17 employee using the officer's or employee's privately owned car.]
26-18 [(e) This section applies only to state officers or
26-19 employees who:]
26-20 [(1) are employed by the same state agency;]
26-21 [(2) are required to travel on the same official state
26-22 business;]
26-23 [(3) have the same itinerary; and]
26-24 [(4) travel on the same dates.]
26-25 SECTION 10. Chapter 660, Government Code, is amended by
27-1 adding Subchapters D, E, F, and G to read as follows:
27-2 SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT
27-3 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
27-4 a key official, or a member of a board is entitled to be reimbursed
27-5 as provided by this subchapter for use of an aircraft owned or
27-6 leased by the employee, official, or member.
27-7 Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement
27-8 under this subchapter may not exceed the product of:
27-9 (1) the aircraft mileage reimbursement rate
27-10 established in the travel provisions of the General Appropriations
27-11 Act; and
27-12 (2) the highway mileage between the designated
27-13 headquarters and duty point of the state employee, key official, or
27-14 member of a board.
27-15 Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The
27-16 travel provisions of the General Appropriations Act may establish
27-17 different aircraft mileage rates:
27-18 (1) for travel in:
27-19 (A) a single-engine aircraft;
27-20 (B) a twin-engine aircraft; and
27-21 (C) a turbine-powered aircraft; and
27-22 (2) for travel by:
27-23 (A) a state employee;
27-24 (B) a key official;
27-25 (C) a member of a board; and
28-1 (D) a member of the legislature.
28-2 Sec. 660.074. GROUP TRAVEL. (a) This section applies only
28-3 if a key official or member of a board travels with another
28-4 official or member in an aircraft owned or leased by the other
28-5 official or member.
28-6 (b) In addition to the amount entitled to be reimbursed
28-7 under Section 660.071, the key official or member of a board who
28-8 owns or leases the aircraft is entitled to an amount equal to the
28-9 amount that would have been paid or reimbursed to each passenger
28-10 had the passenger incurred the average economy or coach airfare
28-11 instead of traveling on the aircraft. The total reimbursement to
28-12 the official or member may not exceed the total cost of the trip.
28-13 (c) The lessee of the aircraft may require the reimbursement
28-14 to be paid to the vendor providing the leased aircraft instead of
28-15 the lessee.
28-16 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
28-17 official or a member of a board is entitled to reimbursement under
28-18 this subchapter for use of an aircraft leased from a
28-19 proprietorship, partnership, or corporation in which the official
28-20 or member has an interest.
28-21 (Sections 660.076-660.090 reserved for expansion
28-22 SUBCHAPTER E. TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE
28-23 Sec. 660.091. GENERAL PROVISION. A state agency shall pay
28-24 as provided by this subchapter the expense of transporting a state
28-25 employee by rented or public conveyance in the course of conducting
29-1 state business.
29-2 Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A
29-3 state agency may pay an expense under this subchapter by:
29-4 (1) reimbursing the employee as provided by Subsection
29-5 (b);
29-6 (2) directly paying the expense as provided by
29-7 Subsection (c); or
29-8 (3) directly paying the expense in advance of travel
29-9 as provided by Subsection (d).
29-10 (b) If a state agency reimburses a state employee, the
29-11 agency shall submit receipts to the comptroller on request in the
29-12 manner required by the comptroller. A state agency is not required
29-13 to submit receipts for mass transit, taxi, or limousine fares.
29-14 (c) A state agency may request a commercial transportation
29-15 company to furnish transportation to the agency's state employees
29-16 and to bill the agency monthly for that transportation. The state
29-17 agency shall require the company to submit an invoice to the agency
29-18 listing the points of origin and destination for each trip and the
29-19 taxes charged. The agency shall submit those invoices to the
29-20 comptroller on request and in the manner required by the
29-21 comptroller.
29-22 (d) A state agency may directly pay a commercial
29-23 transportation company before the travel of a state employee if the
29-24 payment would result in a lower transportation expense. The
29-25 comptroller may adopt rules that authorize advance payments in
30-1 other circumstances.
30-2 (e) If a reimbursement to a state employee for a
30-3 transportation expense would not be authorized, a direct payment to
30-4 a commercial transportation company for the same expense is
30-5 prohibited.
30-6 (f) A state agency may not pay or reimburse the expense of
30-7 transporting a state employee by rented or public conveyance if the
30-8 transportation is provided by a person who is not a commercial
30-9 transportation company.
30-10 Sec. 660.093. COMMERCIAL AIR TRANSPORTATION. The amount
30-11 that a state agency pays or reimburses for a state employee to
30-12 travel between points by commercial airline may not exceed the
30-13 lowest rate available. First class airfare may be paid or
30-14 reimbursed only if it is the only available airfare. Business
30-15 class airfare may be paid or reimbursed only if a lower airfare is
30-16 not available.
30-17 (Sections 660.094-660.110 reserved for expansion
30-18 SUBCHAPTER F. MEAL, LODGING, AND INCIDENTAL EXPENSES
30-19 Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state employee
30-20 is entitled to be reimbursed as provided by this subchapter for a
30-21 meal, lodging, or incidental expense incurred by the employee.
30-22 Sec. 660.112. AMOUNT OF REIMBURSEMENT. A reimbursement
30-23 under this subchapter may not exceed:
30-24 (1) the limits established by the travel provisions of
30-25 the General Appropriations Act for meal and lodging expenses; and
31-1 (2) the amount of incidental expenses actually
31-2 incurred by the state employee.
31-3 Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state
31-4 agency may not reimburse a state employee for a lodging expense
31-5 incurred at a place that is not a commercial lodging establishment.
31-6 (b) A state agency may not reimburse a state employee for a
31-7 meal or lodging expense the employee incurs while traveling outside
31-8 the employee's designated headquarters for less than six
31-9 consecutive hours unless the employee is a chief administrator of a
31-10 state agency or the travel provisions of the General Appropriations
31-11 Act authorize the reimbursement.
31-12 (c) A state agency may not reimburse a state employee for a
31-13 meal expense incurred within the employee's designated headquarters
31-14 unless the expense is:
31-15 (1) mandatory; and
31-16 (2) connected with training, a seminar, or a
31-17 conference.
31-18 (d) A state agency may reimburse a state employee for a meal
31-19 expense incurred while traveling without an overnight stay away
31-20 from the employee's designated headquarters only if the chief
31-21 administrator of the agency authorizes the reimbursement.
31-22 (e) A state agency may not reimburse a state employee for
31-23 the purchase of an alcoholic beverage, unless the employee is a
31-24 peace officer who purchased the beverage as a purchase of evidence
31-25 in an administrative or criminal case.
32-1 Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING
32-2 ESTABLISHMENTS. (a) A state agency may request that a commercial
32-3 lodging establishment bill the agency directly for a lodging
32-4 expense. A state agency shall submit receipts regarding the
32-5 expense to the comptroller on request in the manner required by the
32-6 comptroller.
32-7 (b) If a direct payment to a commercial lodging
32-8 establishment is authorized under this section, any meal expenses
32-9 incurred at the establishment may be paid directly to the
32-10 establishment. A state agency shall submit receipts about the
32-11 expenses to the comptroller on request in the manner required by
32-12 the comptroller.
32-13 (c) If a reimbursement to a state employee for a lodging or
32-14 meal expense would not be authorized, a direct payment to a
32-15 commercial lodging establishment for the expense is prohibited.
32-16 Sec. 660.115. RECEIPTS. (a) Except as provided by
32-17 Subsections (b) and (c), a state employee who requests
32-18 reimbursement for a lodging expense must submit a lodging receipt
32-19 to the comptroller at the time and in the manner required by the
32-20 comptroller.
32-21 (b) A chief administrator of a state agency who is not a
32-22 member of a board is not required to submit a lodging receipt to
32-23 the comptroller.
32-24 (c) A member of a board is not required to submit a lodging
32-25 receipt to the comptroller if:
33-1 (1) the membership of the board is elected by vote of
33-2 the people; or
33-3 (2) the member serves on the board full-time and is
33-4 paid a salary for that service.
33-5 Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A
33-6 state employee is entitled to be reimbursed for a state, county, or
33-7 local hotel occupancy tax or any similar tax imposed by a law of
33-8 this state, another state, or a foreign nation.
33-9 (b) A state employee is entitled to be reimbursed for a
33-10 hotel occupancy or similar tax from which the employee is legally
33-11 exempt only if the employee properly claims the exemption and the
33-12 commercial lodging establishment refuses to honor the exemption.
33-13 (c) If a state agency directly pays a commercial lodging
33-14 establishment under Section 660.114, the agency may directly pay a
33-15 hotel occupancy or similar tax to the establishment.
33-16 Sec. 660.117. APARTMENT OR HOUSE RENTAL EXPENSES. An
33-17 apartment or house rental expense may be reimbursed or paid only
33-18 if:
33-19 (1) the purpose of the rental is the conservation of
33-20 funds; and
33-21 (2) the reimbursement or payment and the rental comply
33-22 with the rules adopted by the comptroller under this chapter.
33-23 Sec. 660.118. INCIDENTAL EXPENSES. A state agency may
33-24 reimburse a state employee for an incidental expense incurred by
33-25 the employee only in accordance with rules adopted by the
34-1 comptroller under this chapter.
34-2 (Sections 660.119-660.140 reserved for expansion
34-3 SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS
34-4 Sec. 660.141. TRAVEL BY CERTAIN INDIVIDUALS. (a) An
34-5 individual is entitled to reimbursement for the actual expense of
34-6 meals and lodging incurred while performing the duties of the
34-7 individual's office or employment if the individual is:
34-8 (1) a judicial officer;
34-9 (2) a chief administrative officer of a state agency,
34-10 subject to Subsection (c);
34-11 (3) the executive director of the Texas Legislative
34-12 Council; or
34-13 (4) the secretary of the senate.
34-14 (b) The governor's spouse is entitled to reimbursement for
34-15 actual travel expenses incurred while performing duties at the
34-16 direction of the governor.
34-17 (c) A member of a board whose membership is not elected by
34-18 vote of the people is not a chief administrative officer for the
34-19 purposes of this section.
34-20 Sec. 660.142. BOARD MEMBERS. This chapter applies to a
34-21 payment or reimbursement of a travel expense incurred by a member
34-22 of a board only if Subchapter C, Chapter 659, or other applicable
34-23 law authorizes the payment or reimbursement.
34-24 Sec. 660.143. TRAVEL BY PERSONS WITH DISABILITIES.
34-25 (a) Notwithstanding any other provision of this chapter, a state
35-1 agency may reimburse a state employee with a disability for
35-2 attendant care and other necessary expenses incurred when the
35-3 employee travels inside or outside the employee's designated
35-4 headquarters. An expense incurred when traveling between a
35-5 residence and a place of employment may be reimbursed only as
35-6 provided by law for state employees without disabilities.
35-7 (b) If the airfare is medically necessary, a state agency
35-8 may reimburse a state employee with a disability for the first or
35-9 business class airfare of:
35-10 (1) the employee; and
35-11 (2) the attendant of the employee.
35-12 (c) Instead of reimbursing a state employee for attendant
35-13 care and other necessary expenses, a state agency may:
35-14 (1) reimburse the attendant for those expenses; or
35-15 (2) pay a commercial transportation company or
35-16 commercial lodging establishment directly if the expenses are for
35-17 transportation or lodging.
35-18 (d) If this chapter, the travel provisions of the General
35-19 Appropriations Act, or a rule adopted by the comptroller under this
35-20 chapter conflicts with a requirement of the Americans with
35-21 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a
35-22 federal regulation adopted under that Act, or another applicable
35-23 federal law or regulation, the federal law or regulation controls
35-24 to the extent of the conflict.
35-25 Sec. 660.144. DEATH OF STATE EMPLOYEES. (a) A state agency
36-1 may pay or reimburse the expense of preparing and transporting the
36-2 remains and personal property of a state employee who dies while
36-3 conducting official state business outside the employee's
36-4 designated headquarters.
36-5 (b) The agency may pay or reimburse the expense of
36-6 transporting the remains and personal property either to the
36-7 employee's designated headquarters or to another location
36-8 designated by the executor or administrator of the employee's
36-9 estate. If the remains and personal property are transported to a
36-10 location other than the employee's designated headquarters, the
36-11 amount of the agency's payment or reimbursement may not exceed the
36-12 amount that would have been paid had the remains and personal
36-13 property been transported to the designated headquarters.
36-14 Sec. 660.145. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES
36-15 AND THEIR FAMILIES. (a) A state agency may pay or reimburse a
36-16 travel expense incurred by a state employee who serves in a law
36-17 enforcement, investigative, or similar capacity if the employee is
36-18 threatened as a result of the employee's official duties.
36-19 (b) A state agency may pay or reimburse a travel expense
36-20 incurred by the family of a state employee who serves in a law
36-21 enforcement, investigative, or similar capacity if the family is
36-22 threatened as a result of the employee's official duties.
36-23 (c) A travel expense is payable or reimbursable under this
36-24 section even if it is incurred within a state employee's designated
36-25 headquarters.
37-1 Sec. 660.146. CONFLICTS WITH OTHER SUBCHAPTERS. In the
37-2 event of a conflict between this subchapter and another provision
37-3 of this chapter, this subchapter controls.
37-4 SECTION 11. Section 659.031, Government Code, is amended to
37-5 read as follows:
37-6 Sec. 659.031. DEFINITION. In this subchapter, "state board"
37-7 means a board, commission, committee, council, or similar agency in
37-8 the executive or judicial branch of state government that is
37-9 composed of two or more members. The term does not include a
37-10 board, commission, committee, council, or similar agency whose
37-11 membership is elected by vote of the people.
37-12 SECTION 12. Sections 660.005, 660.022, 660.023, and 660.026,
37-13 Government Code, are repealed.
37-14 SECTION 13. (a) In this section, "travel expense" has the
37-15 meaning assigned by Section 660.002, Government Code, as amended by
37-16 this Act.
37-17 (b) Except as provided by Subsection (c) of this section,
37-18 the changes in law made by this Act apply only to a travel expense
37-19 incurred on or after the effective date of this Act. A travel
37-20 expense incurred before the effective date of this Act is governed
37-21 by the law applicable to the expense at the time the expense was
37-22 incurred, and that law is continued in effect for that purpose.
37-23 (c) The changes in law made by this Act in regard to the
37-24 procedures that must be followed for payment or reimbursement of a
37-25 travel expense also apply to payment or reimbursement made on or
38-1 after the effective date of this Act of an expense incurred before
38-2 the effective date.
38-3 SECTION 14. This Act takes effect September 1, 1997.
38-4 SECTION 15. The importance of this legislation and the
38-5 crowded condition of the calendars in both houses create an
38-6 emergency and an imperative public necessity that the
38-7 constitutional rule requiring bills to be read on three several
38-8 days in each house be suspended, and this rule is hereby suspended.