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)  The chief administrator of a state agency must give

14-17    advance written approval for any travel [Travel] related to

14-18    official state business for which a reimbursement for travel

14-19    expenses is claimed or for which an advance for travel expenses to

14-20    be incurred is sought [must have the advance written approval of

14-21    the governor].  A copy of the written approval shall be submitted

14-22    with the travel voucher to the comptroller in accordance with

14-23    Section 660.027.

14-24          (b)  Subsection (a) applies to a travel expense only if it is

14-25    incurred while traveling to, in, or from a destination that is not

 15-1    in [does not apply to travel]:

 15-2                (1)  the United States [in this state]; [or]

 15-3                (2)  a possession of the United States;

 15-4                (3)  [to, in, and from another state,] Mexico;[,] or

 15-5                (4)  Canada.

 15-6          (c)  The chief administrator of a state agency may designate

 15-7    an employee of the agency to provide the approval required by this

 15-8    section [governor may give blanket authority for 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          SECTION 7.  Section 660.025, Government Code, is amended to

15-14    read as follows:

15-15          Sec. 660.025.  ADVANCE PAYMENT PROCEDURE.  (a)  The

15-16    comptroller by rule shall establish a procedure by which travel

15-17    expense money may be advanced to a state [officer or] employee [may

15-18    receive an advance payment for projected travel expenses for a

15-19    particular exercise of official duty].  The procedures must be

15-20    consistent with Section 403.248.

15-21          (b)  Money may not be advanced to a state employee for a

15-22    travel expense unless the expense is payable or reimbursable under

15-23    this chapter, the travel provisions of the General Appropriations

15-24    Act, and the rules adopted by the comptroller under this chapter.

15-25    [The comptroller shall require a final accounting after actual

 16-1    travel expense has been determined to provide for any necessary

 16-2    reimbursement or adjustment to reconcile an advance and the actual

 16-3    expense incurred.]

 16-4          SECTION 8.  Subchapter B, Chapter 660, Government Code, is

 16-5    amended by adding Sections 660.027 through 660.029 to read as

 16-6    follows:

 16-7          Sec. 660.027.  VOUCHERS.  (a)  The comptroller may issue a

 16-8    warrant or initiate an electronic funds transfer to pay or

 16-9    reimburse a travel expense only if a state agency submits to the

16-10    comptroller a voucher that requests the payment or reimbursement.

16-11          (b)  A voucher submitted under Subsection (a) is valid only

16-12    if:

16-13                (1)  the state agency submitting the voucher approves

16-14    it in accordance with Chapter 2103 and, if required by law,

16-15    certifies the voucher; and

16-16                (2)  the state employee who incurred the travel expense

16-17    or, if the employee is unavailable, another individual acceptable

16-18    to the comptroller approves the voucher in writing or

16-19    electronically.

16-20          (c)  A voucher must be submitted in the manner required and

16-21    on the form adopted by the comptroller.  The comptroller may

16-22    require the voucher to be submitted electronically as authorized by

16-23    Chapter 2103.

16-24          (d)  A voucher must describe the official state business

16-25    performed and be accompanied by the information necessary for the

 17-1    comptroller to determine compliance with this chapter, the travel

 17-2    provisions of the General Appropriations Act, and the rules adopted

 17-3    by the comptroller under this chapter.

 17-4          (e)  The comptroller may require a state agency to provide

 17-5    the information required by Subsection (d):

 17-6                (1)  on the form adopted by the comptroller under

 17-7    Subsection (c);

 17-8                (2)  by submitting receipts; or

 17-9                (3)  by a combination of Subdivisions (1) and (2).

17-10          Sec. 660.028.  AUDITS.  (a)  The comptroller shall audit a

17-11    voucher either before or after the comptroller issues a warrant or

17-12    initiates an electronic funds transfer in response to the voucher.

17-13    The audit must be conducted in accordance with Sections

17-14    403.011(12), 403.071, and 403.079.

17-15          (b)  If the comptroller audits a state agency's voucher after

17-16    the comptroller issues a warrant or initiates an electronic funds

17-17    transfer in response to the voucher, the comptroller may require

17-18    the agency to maintain in its files the receipts relating to the

17-19    voucher until the comptroller audits the voucher.

17-20          (c)  If a state agency pays or reimburses a travel expense

17-21    without first submitting a voucher to the comptroller, the

17-22    comptroller may audit the payment or reimbursement for compliance

17-23    with this chapter and the travel provisions of the General

17-24    Appropriations Act.  The comptroller may report the results of the

17-25    audit to the governor, the lieutenant governor, the speaker of the

 18-1    house of representatives, the state auditor, and the Legislative

 18-2    Budget Board.  The state agency shall cooperate with the

 18-3    comptroller and make available the receipts required by the

 18-4    comptroller at the time and in the manner required by the

 18-5    comptroller.

 18-6          (d)  The comptroller may require a state agency to maintain

 18-7    in its files the receipts regarding a travel expense payment or

 18-8    reimbursement for the period required by the comptroller.

 18-9          Sec. 660.029.  KNOWLEDGE OF TRAVEL PROCEDURES.  (a)  A state

18-10    agency shall instruct its state employees about this chapter, the

18-11    travel provisions of the General Appropriations Act, and the rules

18-12    adopted by the comptroller under this chapter.

18-13          (b)  A state agency's failure or inability to instruct a

18-14    state employee as required by Subsection (a) does not excuse or

18-15    justify the employee's failure to comply with applicable laws or

18-16    rules.

18-17          SECTION 9.  Subchapter C, Chapter 660, Government Code, is

18-18    amended to read as follows:

18-19          SUBCHAPTER C.  TRANSPORTATION BY PERSONAL MOTOR VEHICLE

18-20                             [TRAVEL EXPENSES]

18-21          Sec. 660.041.  REIMBURSEMENT REQUIREMENT [TRAVEL EXPENSE

18-22    FORM].  (a)  A state employee is entitled to be reimbursed as

18-23    provided by this subchapter for the employee's use of a personally

18-24    owned or leased motor vehicle.

18-25          (b)  A state employee may not be reimbursed under this

 19-1    subchapter for an expense other than mileage, tolls, and parking.

 19-2    [The comptroller shall prescribe the form on which a travel expense

 19-3    is to be submitted.]

 19-4          Sec. 660.042.  AMOUNT OF REIMBURSEMENT [USE OF TRAVEL EXPENSE

 19-5    FORM].  A mileage reimbursement may not exceed the product of:

 19-6                (1)  the applicable mileage reimbursement rate as

 19-7    established by the legislature in the travel provisions of the

 19-8    General Appropriations Act; and

 19-9                (2)  the number of miles traveled as limited by this

19-10    subchapter.  [(a)  A state agency shall use the standard travel

19-11    expense form prescribed by the comptroller in preparing an expense

19-12    account for a traveling state employee.]

19-13          [(b)  The travel expense form must state:]

19-14                [(1)  the point of origin and the point of destination

19-15    for each trip;]

19-16                [(2)  the reimbursable mileage, including intracity

19-17    mileage, that is traveled or projected between each point;]

19-18                [(3)  the time that the employee is away or plans to be

19-19    away from designated headquarters for which the employee is or will

19-20    be entitled to travel expenses; and]

19-21                [(4)  briefly and clearly the purpose of the trip and

19-22    the character of official business performed or to be performed.]

19-23          Sec. 660.043.  DETERMINATION OF REIMBURSABLE MILEAGE [AMOUNT

19-24    OF REIMBURSEMENT OR ADVANCE].  (a)  The number of miles traveled

19-25    that are eligible for reimbursement under this subchapter may not

 20-1    exceed the number of miles of the most cost-effective route between

 20-2    the origin of the state employee's travel and the final duty point

 20-3    of the state employee.  If a state employee conducts official state

 20-4    business at duty points between the origin of the state employee's

 20-5    travel and the final duty point, the most cost-effective route

 20-6    between the origin and the final duty point shall include the

 20-7    intermediate duty points.

 20-8          (b)  For the purpose of Subsection (a), the shortest route

 20-9    between two points is presumed to be the most cost-effective route.

20-10    A longer route may be considered the most cost-effective route only

20-11    if:

20-12                (1)  the voucher states that the longer route is more

20-13    cost effective;

20-14                (2)  the voucher provides a reasonable justification

20-15    for that statement; and

20-16                (3)  the statement and justification are made by the

20-17    chief administrator of the state agency making the reimbursement or

20-18    by the chief administrator's designee.

20-19          (c)  The comptroller shall periodically issue and update a

20-20    mileage guide that includes a chart showing the number of miles for

20-21    the shortest route between points.  The guide also may include a

20-22    chart showing the number of miles for longer routes between points.

20-23    Farm-to-market and ranch-to-market roads shall be considered when

20-24    determining the routings between points in this state.  The guide

20-25    may be electronic or printed, or both.

 21-1          (d)  If the number of miles between points is not shown in

 21-2    the guide, the mileage incurred while traveling between those

 21-3    points is not reimbursable unless:

 21-4                (1)  the voucher itemizes the mileage on a

 21-5    point-to-point basis; and

 21-6                (2)  the mileage is reasonable.  [A reimbursement or

 21-7    advance from money appropriated by the legislature for travel and

 21-8    other necessary expenses incurred by a state officer, chief

 21-9    administrator of a state agency, or a state employee in the active

21-10    discharge of the person's duties is in the amount provided by the

21-11    General Appropriations Act as a per diem or actual expenses as

21-12    provided by the General Appropriations Act.]

21-13          Sec. 660.044.  USE OF SINGLE MOTOR VEHICLE BY MULTIPLE

21-14    EMPLOYEES [RATE OF AND METHOD OF COMPUTING PER DIEM AND

21-15    TRANSPORTATION ALLOWANCE].  (a)  If two, three, or four state

21-16    employees who are employed by the same state agency travel on the

21-17    same dates with the same itinerary to conduct the same official

21-18    state business, only one of the employees may be reimbursed for

21-19    mileage.

21-20          (b)  If more than four state employees who are employed by

21-21    the same state agency travel on the same dates with the same

21-22    itinerary to conduct the same official state business, a state

21-23    agency may reimburse for mileage only on the basis of one motor

21-24    vehicle for each four employees and for any fraction in excess of a

21-25    multiple of four employees.

 22-1          (c)  Subsections (a) and (b) do not apply to a group of state

 22-2    employees if the chief administrative officer of the state agency

 22-3    that employs the employees determines before travel that it is not

 22-4    feasible for the employees to travel together in the same motor

 22-5    vehicle.  This determination may be made only for reasons related

 22-6    to official state business.  [The rate of and method of computing a

 22-7    per diem or transportation allowance are those provided by the

 22-8    General Appropriations Act].

 22-9          [Sec. 660.045.  PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE.

22-10    (a)  A state employee may not receive a per diem allowance or a

22-11    partial per diem allowance provided by the General Appropriations

22-12    Act for time during which the employee is:]

22-13                [(1)  at the employee's official designated

22-14    headquarters;]

22-15                [(2)  absent from the employee's place of employment

22-16    for a reason not connected with the duties of the employee's

22-17    agency, including absence for a personal reason; or]

22-18                [(3)  away from the employee's designated headquarters

22-19    for less than six consecutive hours.]

22-20          [(b)  A state employee who leaves the employee's place of

22-21    employment for a reason not related to the duties of the employee's

22-22    agency shall clearly indicate on the required travel expense form

22-23    the absence and the hour and date of departure from and return to

22-24    the employee's place of employment.]

22-25          [Sec. 660.046.  APPROVAL AND PAYMENT OF CLAIM.  (a)  The

 23-1    comptroller shall approve a claim for travel expense.]

 23-2          [(b)  The comptroller shall issue a warrant for payment of an

 23-3    approved claim for travel expense.]

 23-4          [Sec. 660.047.  PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY

 23-5    FROM CERTAIN PERSONS.  (a)  A state officer or employee who is

 23-6    traveling to perform an official duty may not accept money for

 23-7    wages or expenses from a person who is or who may be audited,

 23-8    examined, inspected, or investigated by the state.]

 23-9          [(b)  A state officer or employee who is traveling to perform

23-10    an official duty may receive travel expenses only from amounts

23-11    appropriated by the General Appropriations Act.]

23-12          [(c)  The comptroller may not pay the salary of a state

23-13    employee who violates this section.]

23-14          [Sec. 660.048.  OVERPAYMENT.  A state officer or employee who

23-15    receives an overpayment for a travel expense from money

23-16    appropriated by the General Appropriations Act shall reimburse the

23-17    state for the overpayment.]

23-18          [Sec. 660.049.  PROHIBITION APPLICABLE TO TRAVEL COMPENSATION

23-19    BY OTHER PERSONS.  (a)  A state officer or employee may not receive

23-20    a double travel expense payment.]

23-21          [(b)  A state employee who is to be compensated for travel

23-22    expenses from a person other than a state agency may not seek an

23-23    advance payment or receive a reimbursement for the travel from

23-24    money authorized by the General Appropriations Act.]

23-25          [Sec. 660.050.  LOCAL TRANSPORTATION ALLOWANCE.  (a)  A state

 24-1    employee whose duties customarily require travel within the

 24-2    employee's designated headquarters may be paid a local

 24-3    transportation allowance for the travel.]

 24-4          [(b)  The allowance may not exceed the transportation

 24-5    allowance for use of a privately owned automobile under the General

 24-6    Appropriations Act.]

 24-7          [(c)  Notwithstanding the General Appropriations Act, a state

 24-8    employee with a physical disability that precludes the personal

 24-9    operation of a privately owned automobile may receive a reasonable

24-10    local transportation allowance not to exceed the amount to which

24-11    the employee would be entitled for similar travel outside the

24-12    employee's designated headquarters.]

24-13          [Sec. 660.051.  COURTESY CARD.  A state officer or employee

24-14    may use a courtesy card for travel by air, rail, or bus.]

24-15          [Sec. 660.052.  DETERMINATION OF MILEAGE FOR TRAVEL BY

24-16    PRIVATELY OWNED CONVEYANCE.  The comptroller shall determine

24-17    mileage for the purpose of a reimbursement or advance payment for

24-18    travel by a privately owned conveyance by:]

24-19                [(1)  computing the shortest highway distance between

24-20    the point of origin and the destination using intermediate points

24-21    at which official state business is conducted; and]

24-22                [(2)  adding other necessary mileage at points at which

24-23    official state business is conducted.]

24-24          [Sec. 660.053.  DETERMINATION OF MILEAGE FOR TRAVEL BY

24-25    PERSONAL CAR.  (a)  In determining the amount of a reimbursement or

 25-1    advance payment for travel by privately owned car in the state, the

 25-2    comptroller shall:]

 25-3                [(1)  compute all distances according to the shortest

 25-4    route between points;]

 25-5                [(2)  adopt a mileage guide that is available both

 25-6    electronically and in a printed version that includes information

 25-7    on distances and provides the shortest route between points in the

 25-8    state, including any farm-to-market road; and]

 25-9                [(3)  update the mileage guide as necessary.]

25-10          [(b)  The comptroller shall encourage use of the electronic

25-11    mileage guide.  The comptroller may prescribe the circumstances

25-12    under which a state agency may rely on the printed mileage guide.]

25-13          [Sec. 660.054.  MULTIPLE USE OF SINGLE PRIVATELY OWNED

25-14    CONVEYANCE BY STATE EMPLOYEES.  (a)  If two or more state employees

25-15    travel in a single privately owned conveyance, only one employee

25-16    may receive a transportation allowance.]

25-17          [(b)  This section does not prohibit each state employee

25-18    traveling in a privately owned conveyance from receiving a per diem

25-19    allowance.]

25-20          [Sec. 660.055.  MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR.

25-21    (a)  If two, three, or four state officers or employees travel in a

25-22    privately owned car, only one reimbursement or advance payment for

25-23    the car's mileage may be claimed and allowed.]

25-24          [(b)  The comptroller shall consider the travel claims of the

25-25    officers and employees as multiple claims and may pay only one

 26-1    claim to the extent of mileage claimed.]

 26-2          [(c)  If more than four employees travel in more than one

 26-3    car, full mileage is allowed for one car for each four employees

 26-4    and for any fraction in excess of a multiple of four employees.]

 26-5          [(d)  A state officer or employee must obtain the advance

 26-6    approval of the chief administrator of the officer's or employee's

 26-7    state agency if it is not feasible for the officer or employee to

 26-8    travel in the same car.  Approval under this subsection authorizes

 26-9    reimbursement or advance payment for travel by the officer or

26-10    employee using the officer's or employee's privately owned car.]

26-11          [(e)  This section applies only to state officers or

26-12    employees who:]

26-13                [(1)  are employed by the same state agency;]

26-14                [(2)  are required to travel on the same official state

26-15    business;]

26-16                [(3)  have the same itinerary; and]

26-17                [(4)  travel on the same dates.]

26-18          SECTION 10.  Chapter 660, Government Code, is amended by

26-19    adding Subchapters D, E, F, and G to read as follows:

26-20            SUBCHAPTER D.  TRANSPORTATION BY PERSONAL AIRCRAFT

26-21          Sec. 660.071.  REIMBURSEMENT REQUIREMENT.  A state employee,

26-22    a key official, or a member of a board is entitled to be reimbursed

26-23    as provided by this subchapter for use of an aircraft owned or

26-24    leased by the employee, official, or member.

26-25          Sec. 660.072.  AMOUNT OF REIMBURSEMENT.  A reimbursement

 27-1    under this subchapter may not exceed the product of:

 27-2                (1)  the aircraft mileage reimbursement rate

 27-3    established in the travel provisions of the General Appropriations

 27-4    Act; and

 27-5                (2)  the highway mileage between the designated

 27-6    headquarters and duty point of the state employee, key official, or

 27-7    member of a board.

 27-8          Sec. 660.073.  AIRCRAFT MILEAGE REIMBURSEMENT RATE.  The

 27-9    travel provisions of the General Appropriations Act may establish

27-10    different aircraft mileage rates:

27-11                (1)  for travel in:

27-12                      (A)  a single-engine aircraft;

27-13                      (B)  a twin-engine aircraft; and

27-14                      (C)  a turbine-powered aircraft; and

27-15                (2)  for travel by:

27-16                      (A)  a state employee;

27-17                      (B)  a key official;

27-18                      (C)  a member of a board; and

27-19                      (D)  a member of the legislature.

27-20          Sec. 660.074.  GROUP TRAVEL.  (a)  This section applies only

27-21    if a key official or member of a board travels with another

27-22    official or member in an aircraft owned or leased by the other

27-23    official or member.

27-24          (b)  In addition to the amount entitled to be reimbursed

27-25    under Section 660.071, the key official or member of a board who

 28-1    owns or leases the aircraft is entitled to an amount equal to the

 28-2    amount that would have been paid or reimbursed to each passenger

 28-3    had the passenger incurred the average economy or coach airfare

 28-4    instead of traveling on the aircraft.  The total reimbursement to

 28-5    the official or member may not exceed the total cost of the trip.

 28-6          (c)  The lessee of the aircraft may require the reimbursement

 28-7    to be paid to the vendor providing the leased aircraft instead of

 28-8    the lessee.

 28-9          Sec. 660.075.  AIRCRAFT LEASED FROM CERTAIN PERSONS.  A key

28-10    official or a member of a board is entitled to reimbursement under

28-11    this subchapter for use of an aircraft leased from a

28-12    proprietorship, partnership, or corporation in which the official

28-13    or member has an interest.

28-14             (Sections 660.076-660.090 reserved for expansion

28-15       SUBCHAPTER E.  TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE

28-16          Sec. 660.091.  GENERAL PROVISION.  A state agency shall pay

28-17    as provided by this subchapter the expense of transporting a state

28-18    employee by rented or public conveyance in the course of conducting

28-19    state business.

28-20          Sec. 660.092.  PAYMENT AND REIMBURSEMENT METHODS.  (a)  A

28-21    state agency may pay an expense under this subchapter by:

28-22                (1)  reimbursing the employee as provided by Subsection

28-23    (b);

28-24                (2)  directly paying the expense as provided by

28-25    Subsection (c); or

 29-1                (3)  directly paying the expense in advance of travel

 29-2    as provided by Subsection (d).

 29-3          (b)  If a state agency reimburses a state employee, the

 29-4    agency shall submit receipts to the comptroller on request in the

 29-5    manner required by the comptroller.  A state agency is not required

 29-6    to submit receipts for mass transit, taxi, or limousine fares.

 29-7          (c)  A state agency may request a commercial transportation

 29-8    company to furnish transportation to the agency's state employees

 29-9    and to bill the agency monthly for that transportation.  The state

29-10    agency shall require the company to submit an invoice to the agency

29-11    listing the points of origin and destination for each trip and the

29-12    taxes charged.  The agency shall submit those invoices to the

29-13    comptroller on request and in the manner required by the

29-14    comptroller.

29-15          (d)  A state agency may directly pay a commercial

29-16    transportation company before the travel of a state employee if the

29-17    payment would result in a lower transportation expense.  The

29-18    comptroller may adopt rules that authorize advance payments in

29-19    other circumstances.

29-20          (e)  If a reimbursement to a state employee for a

29-21    transportation expense would not be authorized, a direct payment to

29-22    a commercial transportation company for the same expense is

29-23    prohibited.

29-24          (f)  A state agency may not pay or reimburse the expense of

29-25    transporting a state employee by rented or public conveyance if the

 30-1    transportation is provided by a person who is not a commercial

 30-2    transportation company.

 30-3          Sec. 660.093.  COMMERCIAL AIR TRANSPORTATION.  The amount

 30-4    that a state agency pays or reimburses for a state employee to

 30-5    travel between points by commercial airline may not exceed the

 30-6    lowest rate available.  First class airfare may be paid or

 30-7    reimbursed only if it is the only available airfare.  Business

 30-8    class airfare may be paid or reimbursed only if a lower airfare is

 30-9    not available.

30-10             (Sections 660.094-660.110 reserved for expansion

30-11           SUBCHAPTER F.  MEAL, LODGING, AND INCIDENTAL EXPENSES

30-12          Sec. 660.111.  REIMBURSEMENT REQUIREMENT.  A state employee

30-13    is entitled to be reimbursed as provided by this subchapter for a

30-14    meal, lodging, or incidental expense incurred by the employee.

30-15          Sec. 660.112.  AMOUNT OF REIMBURSEMENT.  A reimbursement

30-16    under this subchapter may not exceed:

30-17                (1)  the limits established by the travel provisions of

30-18    the General Appropriations Act for meal and lodging expenses; and

30-19                (2)  the amount of incidental expenses actually

30-20    incurred by the state employee.

30-21          Sec. 660.113.  RESTRICTED REIMBURSEMENTS.  (a)  A state

30-22    agency may not reimburse a state employee for a lodging expense

30-23    incurred at a place that is not a commercial lodging establishment.

30-24          (b)  A state agency may not reimburse a state employee for a

30-25    meal or lodging expense the employee incurs while traveling outside

 31-1    the employee's designated headquarters for less than six

 31-2    consecutive hours unless the employee is a chief administrator of a

 31-3    state agency or the travel provisions of the General Appropriations

 31-4    Act authorize the reimbursement.

 31-5          (c)  A state agency may not reimburse a state employee for a

 31-6    meal expense incurred within the employee's designated headquarters

 31-7    unless the expense is:

 31-8                (1)  mandatory; and

 31-9                (2)  connected with training, a seminar, or a

31-10    conference.

31-11          (d)  A state agency may reimburse a state employee for a meal

31-12    expense incurred while traveling without an overnight stay away

31-13    from the employee's designated headquarters only if the chief

31-14    administrator of the agency authorizes the reimbursement.

31-15          (e)  A state agency may not reimburse a state employee for

31-16    the purchase of an alcoholic beverage, unless the employee is a

31-17    peace officer who purchased the beverage as a purchase of evidence

31-18    in an administrative or criminal case.

31-19          Sec. 660.114.  DIRECT PAYMENTS TO COMMERCIAL LODGING

31-20    ESTABLISHMENTS.  (a)  A state agency may request that a commercial

31-21    lodging establishment bill the agency directly for a lodging

31-22    expense.  A state agency shall submit receipts regarding the

31-23    expense to the comptroller on request in the manner required by the

31-24    comptroller.

31-25          (b)  If a direct payment to a commercial lodging

 32-1    establishment is authorized under this section, any meal expenses

 32-2    incurred at the establishment may be paid directly to the

 32-3    establishment.  A state agency shall submit receipts about the

 32-4    expenses to the comptroller on request in the manner required by

 32-5    the comptroller.

 32-6          (c)  If a reimbursement to a state employee for a lodging or

 32-7    meal expense would not be authorized, a direct payment to a

 32-8    commercial lodging establishment for the expense is prohibited.

 32-9          Sec. 660.115.  RECEIPTS.  (a)  Except as provided by

32-10    Subsections (b) and (c), a state employee who requests

32-11    reimbursement for a lodging expense must submit a lodging receipt

32-12    to the comptroller at the time and in the manner required by the

32-13    comptroller.

32-14          (b)  A chief administrator of a state agency who is not a

32-15    member of a board is not required to submit a lodging receipt to

32-16    the comptroller.

32-17          (c)  A member of a board is not required to submit a lodging

32-18    receipt to the comptroller if:

32-19                (1)  the membership of the board is elected by vote of

32-20    the people; or

32-21                (2)  the member serves on the board full-time and is

32-22    paid a salary for that service.

32-23          Sec. 660.116.  HOTEL OCCUPANCY AND SIMILAR TAXES.  (a)  A

32-24    state employee is entitled to be reimbursed for a state, county, or

32-25    local hotel occupancy tax or any similar tax imposed by a law of

 33-1    this state, another state, or a foreign nation.

 33-2          (b)  A state employee is entitled to be reimbursed for a

 33-3    hotel occupancy or similar tax from which the employee is legally

 33-4    exempt only if the employee properly claims the exemption and the

 33-5    commercial lodging establishment refuses to honor the exemption.

 33-6          (c)  If a state agency directly pays a commercial lodging

 33-7    establishment under Section 660.114, the agency may directly pay a

 33-8    hotel occupancy or similar tax to the establishment.

 33-9          Sec. 660.117.  APARTMENT OR HOUSE RENTAL EXPENSES.  An

33-10    apartment or house rental expense may be reimbursed or paid only

33-11    if:

33-12                (1)  the purpose of the rental is the conservation of

33-13    funds; and

33-14                (2)  the reimbursement or payment and the rental comply

33-15    with the rules adopted by the comptroller under this chapter.

33-16          Sec. 660.118.  INCIDENTAL EXPENSES.  A state agency may

33-17    reimburse a state employee for an incidental expense incurred by

33-18    the employee only in accordance with rules adopted by the

33-19    comptroller under this chapter.

33-20             (Sections 660.119-660.140 reserved for expansion

33-21             SUBCHAPTER G.  SPECIAL TRAVEL EXPENSE PROVISIONS

33-22          Sec. 660.141.  TRAVEL BY CERTAIN INDIVIDUALS.  (a)  An

33-23    individual is entitled to reimbursement for the actual expense of

33-24    meals and lodging incurred while performing the duties of the

33-25    individual's office or employment if the individual is:

 34-1                (1)  a judicial officer;

 34-2                (2)  a chief administrative officer of a state agency,

 34-3    subject to Subsection (c);

 34-4                (3)  the executive director of the Texas Legislative

 34-5    Council; or

 34-6                (4)  the secretary of the senate.

 34-7          (b)  The governor's spouse is entitled to reimbursement for

 34-8    actual travel expenses incurred while performing duties at the

 34-9    direction of the governor.

34-10          (c)  A member of a board whose membership is not elected by

34-11    vote of the people is not a chief administrative officer for the

34-12    purposes of this section.

34-13          Sec. 660.142.  BOARD MEMBERS.  This chapter applies to a

34-14    payment or reimbursement of a travel expense incurred by a member

34-15    of a board only if Subchapter C, Chapter 659, or other applicable

34-16    law authorizes the payment or reimbursement.

34-17          Sec. 660.143.  TRAVEL BY PERSONS WITH DISABILITIES.

34-18    (a)  Notwithstanding any other provision of this chapter, a state

34-19    agency may reimburse a state employee with a disability for

34-20    attendant care and other necessary expenses incurred when the

34-21    employee travels inside or outside the employee's designated

34-22    headquarters.  An expense incurred when traveling between a

34-23    residence and a place of employment may be reimbursed only as

34-24    provided by law for state employees without disabilities.

34-25          (b)  If the airfare is medically necessary, a state agency

 35-1    may reimburse a state employee with a disability for the first or

 35-2    business class airfare of:

 35-3                (1)  the employee; and

 35-4                (2)  the attendant of the employee.

 35-5          (c)  Instead of reimbursing a state employee for attendant

 35-6    care and other necessary expenses, a state agency may:

 35-7                (1)  reimburse the attendant for those expenses; or

 35-8                (2)  pay a commercial transportation company or

 35-9    commercial lodging establishment directly if the expenses are for

35-10    transportation or lodging.

35-11          (d)  If this chapter, the travel provisions of the General

35-12    Appropriations Act, or a rule adopted by the comptroller under this

35-13    chapter conflicts with a requirement of the Americans with

35-14    Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a

35-15    federal regulation adopted under that Act, or another applicable

35-16    federal law or regulation, the federal law or regulation controls

35-17    to the extent of the conflict.

35-18          Sec. 660.144.  DEATH OF STATE EMPLOYEES.  (a)  A state agency

35-19    may pay or reimburse the expense of preparing and transporting the

35-20    remains and personal property of a state employee who dies while

35-21    conducting official state business outside the employee's

35-22    designated headquarters.

35-23          (b)  The agency may pay or reimburse the expense of

35-24    transporting the remains and personal property either to the

35-25    employee's designated headquarters or to another location

 36-1    designated by the executor or administrator of the employee's

 36-2    estate.  If the remains and personal property are transported to a

 36-3    location other than the employee's designated headquarters, the

 36-4    amount of the agency's payment or reimbursement may not exceed the

 36-5    amount that would have been paid had the remains and personal

 36-6    property been transported to the designated headquarters.

 36-7          Sec. 660.145.  TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES

 36-8    AND THEIR FAMILIES.  (a)  A state agency may pay or reimburse a

 36-9    travel expense incurred by a state employee who serves in a law

36-10    enforcement, investigative, or similar capacity if the employee is

36-11    threatened as a result of the employee's official duties.

36-12          (b)  A state agency may pay or reimburse a travel expense

36-13    incurred by the family of a state employee who serves in a law

36-14    enforcement, investigative, or similar capacity if the family is

36-15    threatened as a result of the employee's official duties.

36-16          (c)  A travel expense is payable or reimbursable under this

36-17    section even if it is incurred within a state employee's designated

36-18    headquarters.

36-19          Sec. 660.146.  CONFLICTS WITH OTHER SUBCHAPTERS.  In the

36-20    event of a conflict between this subchapter and another provision

36-21    of this chapter, this subchapter controls.

36-22          SECTION 11.  Section 659.031, Government Code, is amended to

36-23    read as follows:

36-24          Sec. 659.031.  DEFINITION.  In this subchapter, "state board"

36-25    means a board, commission, committee, council, or similar agency in

 37-1    the executive or judicial branch of state government that is

 37-2    composed of two or more members.  The term does not include a

 37-3    board, commission, committee, council, or similar agency whose

 37-4    membership is elected by vote of the people.

 37-5          SECTION 12.  Sections 660.005, 660.022, 660.023, and 660.026,

 37-6    Government Code, are repealed.

 37-7          SECTION 13.  (a)  In this section, "travel expense" has the

 37-8    meaning assigned by Section 660.002, Government Code, as amended by

 37-9    this Act.

37-10          (b)  Except as provided by Subsection (c) of this section,

37-11    the changes in law made by this Act apply only to a travel expense

37-12    incurred on or after the effective date of this Act.  A travel

37-13    expense incurred before the effective date of this Act is governed

37-14    by the law applicable to the expense at the time the expense was

37-15    incurred, and that law is continued in effect for that purpose.           

37-16          (c)  The changes in law made by this Act in regard to the

37-17    procedures that must be followed for payment or reimbursement of a

37-18    travel expense also apply to payment or reimbursement made on or

37-19    after the effective date of this Act of an expense incurred before

37-20    the effective date.

37-21          SECTION 14.  This Act takes effect September 1, 1997.

37-22          SECTION 15.  The importance of this legislation and the

37-23    crowded condition of the calendars in both houses create an

37-24    emergency and an imperative public necessity that the

37-25    constitutional rule requiring bills to be read on three several

 38-1    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 495 passed the Senate on

         March 13, 1997, by the following vote:  Yeas 31, Nays 0; and that

         the Senate concurred in House amendment on May 26, 1997, by a

         viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 495 passed the House, with

         amendment, on May 22, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor