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.