By Armbrister                                    S.B. No. 495

      75R5289 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to travel expenses incurred by state officers and

 1-3     employees.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 660.002, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 660.002.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Appropriated funds" means funds appropriated

 1-9     under the General Appropriations Act.

1-10                 (2)  "Board" means a board, commission, committee,

1-11     council, governing body, or similar entity in the executive,

1-12     legislative, or judicial branch of state government that is

1-13     composed of two or more members.

1-14                 (3)  "Cancellation charge" means a fee, charge, or

1-15     payment that a provider of travel services assesses or retains

1-16     because of the cancellation of a travel reservation or other travel

1-17     plan.

1-18                 (4)  "Chief administrator of a state agency" means:

1-19                       (A)  an elected state official, including a

1-20     member of a board whose membership is elected by vote of the people

1-21     but excluding a member of the legislature;

1-22                       (B)  an appointed state official, including an

1-23     individual [official] whose appointment as a state official has not

1-24     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:

2-26                             (i)  the boundaries of the incorporated

2-27     municipality in which the state employee's place of employment  is

 3-1     located; or

 3-2                             (ii)  a five-mile radius of the state

 3-3     employee's place of employment, if the state employee's place of

 3-4     employment is located within an unincorporated area; and

 3-5                       (B)  any area completely surrounded by the

 3-6     incorporated municipality in which the state employee's place of

 3-7     employment is located.

 3-8                 (8)  "Disability" means a physical or mental impairment

 3-9     of an individual that substantially limits one or more major life

3-10     activities of the individual.

3-11                 (9)  "Duty point" means the destination, other than a

3-12     place of employment, to which a state employee travels to conduct

3-13     official state business.  If the destination is outside the

3-14     employee's designated headquarters, the duty point is:

3-15                       (A)  the incorporated municipality in which the

3-16     destination is located; or

3-17                       (B)  the area within a five-mile radius of the

3-18     destination if the destination is located in an unincorporated

3-19     area.

3-20                 (10)  "Incidental expense" means an expense incurred

3-21     while traveling on official state business.  The term includes a

3-22     mandatory insurance or service charge and an applicable tax. The

3-23     term does not include:

3-24                       (A)  a meal, lodging, or transportation expense,

3-25     including a tax on a meal;

3-26                       (B)  a personal expense;

3-27                       (C)  an expense that a person would incur

 4-1     regardless of whether the person is traveling on official state

 4-2     business; or

 4-3                       (D)  a tip or gratuity.

 4-4                 (11)  "Institutional funds" has the meaning assigned by

 4-5     Section 51.009, Education Code.

 4-6                 (12)  "Institution of higher education" has the meaning

 4-7     assigned by Section 61.003, Education Code.

 4-8                 (13)  "Key official" means a chief administrator of a

 4-9     state agency or a person holding a position that has been

4-10     designated as exempt from the position classification plan in

4-11     accordance with the General Appropriations Act or by the governor

4-12     under Chapter 654.

4-13                 (14)  "Lease" means a contract with a term of at least

4-14     one month that gives the lessee possession and use of property or

4-15     equipment while the lessor retains ownership of the property or

4-16     equipment.

4-17                 (15)  "Place of employment" means the office or other

4-18     location at which a state employee most frequently conducts

4-19     official state business.

4-20                 (16)  "Prospective state employee" means an individual

4-21     that a state agency considers for employment with the agency.  The

4-22     term includes a state employee of a state agency who is considered

4-23     for employment by another state agency.

4-24                 (17)  "Receipt" means the tangible or electronically

4-25     stored version of an invoice, ticket, bill, document, or other item

4-26     that the comptroller accepts as proof that a travel expense has

4-27     been incurred by a state employee.

 5-1                 (18)  "Rented or public conveyance" means a motor

 5-2     vehicle, train, aircraft, boat, or bicycle that a state employee

 5-3     rents or pays a fare to use for a period of less than one month.

 5-4                 (19)  "State agency" means:

 5-5                       (A)  a unit of state government that uses

 5-6     appropriated funds to pay or reimburse a travel expense of a state

 5-7     employee;

 5-8                       (B)  the Teacher Retirement System of Texas; or

 5-9                       (C)  the Employees Retirement System of Texas.

5-10                 (20)  "State employee" means a person employed by a

5-11     state agency.  The term includes a key official unless this chapter

5-12     specifically provides otherwise.

5-13                 (21)  "Travel expense" means a meal, lodging,

5-14     transportation, or incidental expense.

5-15                 (22)  "Unit of state government" includes an

5-16     institution of higher education.

5-17                 [(2)  "Per diem allowance" means a flat daily rate that

5-18     is paid instead of actual expenses for meals and lodging and is

5-19     compensation for official travel purposes only.]

5-20           SECTION 2.   Section 660.003, Government Code, is amended to

5-21     read as follows:

5-22           Sec. 660.003.  APPLICABILITY.  (a)  This chapter, the General

5-23     Appropriations Act, and the rules adopted by the comptroller under

5-24     this chapter govern the procedures, amounts, timing, limits,

5-25     required documentation, permissible payees, distinctions among

5-26     different types of state employees, and all other details

5-27     concerning travel expense payments or reimbursements by a state

 6-1     agency.

 6-2           (b)  Except as provided by Subsections (c) and (d), this

 6-3     chapter and the travel provisions of the General Appropriations Act

 6-4     apply to a travel expense only to the extent that appropriated

 6-5     funds are used to pay or reimburse the expense.

 6-6           (c)  This chapter and the travel provisions of the General

 6-7     Appropriations Act apply to a travel expense paid or reimbursed by

 6-8     the Employees Retirement System of Texas or the Teacher Retirement

 6-9     System of Texas, regardless of whether the funds used to make the

6-10     payment or reimbursement are appropriated funds.

6-11           (d)  A law outside this chapter that states that this

6-12     chapter, the travel provisions of the General Appropriations Act,

6-13     or both, apply to a travel expense prevails over a provision to the

6-14     contrary in this chapter.

6-15           (e)  A state agency may pay or reimburse a travel expense

6-16     only if:

6-17                 (1)  the expense is reasonable and necessary;

6-18                 (2)  the purpose of the travel clearly involves

6-19     official state business and is consistent with the agency's legal

6-20     authority; and

6-21                 (3)  the expense and the travel during which the

6-22     expense is incurred comply with:

6-23                       (A)  this chapter;

6-24                       (B)  the rules adopted by the comptroller under

6-25     this chapter; and

6-26                       (C)  the travel provisions of the General

6-27     Appropriations Act.

 7-1           (f)  A travel expense may be paid or reimbursed according to

 7-2     the requirements of an applicable federal law or regulation, and

 7-3     this chapter does not apply to the extent necessary to avoid

 7-4     conflict with an applicable federal law or regulation [applies to:]

 7-5                 [(1)  a state officer;]

 7-6                 [(2)  a chief administrator of a state agency;]

 7-7                 [(3)  a state employee; and]

 7-8                 [(4)  a prospective state employee who incurs expenses

 7-9     when requested to visit a state agency, department, or institution

7-10     of higher education for an employment interview and evaluation].

7-11           SECTION 3.   Section 660.004, Government Code, is amended to

7-12     read as follows:

7-13           Sec. 660.004.  TRAVEL EXPENSES PAID OR REIMBURSED [INCURRED]

7-14     BY [OFFICIALS OR EMPLOYEES OF] INSTITUTIONS OF  HIGHER EDUCATION.

7-15     (a)  This chapter does not apply to a [reimbursement for] travel

7-16     expense to the extent an institution of higher education pays  or

7-17     reimburses the expense from institutional funds [expenses:]

7-18                 [(1)  incurred by an official or employee of the

7-19     athletic department of an institution of higher education;]

7-20                 [(2)  to an official or employee of an institution of

7-21     higher education from a gift or bequest; or]

7-22                 [(3)  of an official or employee of an institution of

7-23     higher education if the expenses are paid or reimbursed to the

7-24     institution under a contract between the institution and the

7-25     federal government or another contracting agency].

7-26           (b)  The governing board of an [each] institution of higher

7-27     education shall adopt [necessary] rules as necessary to  administer

 8-1     and control travel expense payments and reimbursements that are

 8-2     exempt from this chapter under Subsection (a) [for the

 8-3     administration and control of travel by an official or employee

 8-4     exempted by this section].

 8-5           SECTION 4.   Subchapter A, Chapter 660, Government Code, is

 8-6     amended by adding Sections 660.006 through 660.018 to read as

 8-7     follows:

 8-8           Sec. 660.006.  TRAVEL OF PROSPECTIVE STATE EMPLOYEES.  (a)  A

 8-9     state agency that provides advance authorization to a prospective

8-10     state employee to visit the agency for an interview or other

8-11     employment evaluation may:

8-12                 (1)  reimburse the prospective state employee for a

8-13     travel expense incurred as a result of visiting the agency; or

8-14                 (2)  pay a vendor for a travel expense incurred by the

8-15     prospective state employee as a result of visiting the agency.

8-16           (b)  A state agency shall treat a prospective state employee

8-17     as a state employee for the purposes of reimbursing or paying a

8-18     travel expense of the prospective state employee.  The amount of

8-19     the payment or reimbursement is limited to the amount that may be

8-20     paid or reimbursed for travel expenses incurred by an individual

8-21     who holds the position for which the prospective state employee is

8-22     being considered.

8-23           Sec. 660.007.  CONSERVATION OF FUNDS.  (a)  A state agency

8-24     shall minimize the amount of travel expenses paid or reimbursed by

8-25     the agency.  The agency shall ensure that each travel arrangement

8-26     is the most cost effective considering all relevant circumstances.

8-27           (b)  A state agency may specify a travel expense payment or

 9-1     reimbursement rate that is less than the maximum rate specified in

 9-2     this chapter or the travel provisions of the General Appropriations

 9-3     Act.  The lower rate applies only to a travel expense incurred

 9-4     after the agency has notified the affected individuals in writing

 9-5     about the rate.  The agency is solely responsible for enforcing the

 9-6     rate.

 9-7           Sec. 660.008.  TRAVEL EXPENSES INCURRED WHILE ON LEAVE.  A

 9-8     state agency may pay or reimburse a state employee for a  travel

 9-9     expense the employee incurs while using personal or compensatory

9-10     leave if:

9-11                 (1)  the leave is used while the employee is away from

9-12     the employee's designated headquarters;

9-13                 (2)  the primary purpose of the employee's being away

9-14     is to conduct official state business; and

9-15                 (3)  the agency determines that returning the employee

9-16     to the employee's designated headquarters while using the leave

9-17     would not be cost effective or would be impracticable.

9-18           Sec. 660.009.  INABILITY TO PERFORM OFFICIAL STATE  BUSINESS.

9-19     A state agency may pay or reimburse a state employee for a travel

9-20     expense the employee incurs as a result of attempting to conduct

9-21     official state business if:

9-22                 (1)  the employee is unable to conduct the business

9-23     because of a natural disaster or other natural occurrence; and

9-24                 (2)  the expense would be payable or reimbursable had

9-25     the official state business been conducted.

9-26           Sec. 660.010.  TRAVEL EXPENSES INCURRED TO OBTAIN MEDICAL

9-27     CARE.  As additional compensation to a state employee, a state

 10-1    agency may pay or reimburse the employee for a travel expense the

 10-2    employee incurs while obtaining medical care for the employee if:

 10-3                (1)  the expense is incurred outside the employee's

 10-4    designated headquarters;

 10-5                (2)  the purpose of the employee traveling outside the

 10-6    employee's designated headquarters was to conduct official state

 10-7    business;

 10-8                (3)  waiting to receive the care until the employee

 10-9    returns to the employee's designated headquarters would be

10-10    unreasonable; and

10-11                (4)  the expense is paid or reimbursed only to the

10-12    extent it would have been paid or reimbursed had it been incurred

10-13    while conducting official state business.

10-14          Sec. 660.011.  TRAVEL EXPENSES INCURRED TO ATTEND FUNERAL.

10-15    As additional compensation to a state employee, a state agency may

10-16    reimburse the employee for or pay a travel expense the employee

10-17    incurs while attending the funeral of an individual who was a state

10-18    employee, a board member, or a member of the legislature if:

10-19                (1)  the agency determines that the employee's

10-20    attendance at the funeral is appropriate under the circumstances;

10-21    and

10-22                (2)  the expense is paid or reimbursed only to the

10-23    extent it could have been paid or reimbursed had it been incurred

10-24    while conducting official state business.

10-25          Sec. 660.012.  TRAVEL EXPENSES INCURRED RETURNING TO

10-26    DESIGNATED HEADQUARTERS.  (a)  A state agency that requires a state

10-27    employee on personal or compensatory leave to return to the

 11-1    employee's designated headquarters from another location may pay or

 11-2    reimburse the employee for a travel expense incurred by the

 11-3    employee while traveling to the headquarters.  The agency may pay

 11-4    or reimburse a travel expense incurred by the employee while

 11-5    traveling back to the location at which the employee was staying

 11-6    while on leave or, when appropriate, to the proper location on the

 11-7    employee's itinerary, if the employee resumes the leave.

 11-8          (b)  A state agency may pay or reimburse a state employee for

 11-9    a travel expense incurred when the employee returns, before

11-10    official state business is completed, from a duty point to the

11-11    employee's designated headquarters because of an illness or a

11-12    personal emergency.

11-13          Sec. 660.013.  TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER

11-14    AGENCIES.  A state agency may pay or reimburse a travel expense

11-15    incurred by another state agency's employee if the employee

11-16    incurred the expense while providing services to the paying or

11-17    reimbursing agency.

11-18          Sec. 660.014.  PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL

11-19    AGENTS.  (a)  If a state agency may directly pay a commercial

11-20    lodging establishment or a commercial transportation company under

11-21    this chapter, the agency may instead pay a credit card issuer or a

11-22    travel agency for the lodging or transportation.

11-23          (b)  The documentation required for direct payment to a

11-24    commercial lodging establishment or commercial transportation

11-25    company is also required for payment to a credit card issuer or a

11-26    travel agency.

11-27          Sec. 660.015.  CANCELLATION CHARGES.  A state agency may pay

 12-1    or reimburse a state employee for a cancellation charge if:

 12-2                (1)  the charge is incurred for a reason related to

 12-3    official state business or to official state business that could

 12-4    not be conducted because of a natural disaster or other natural

 12-5    occurrence; or

 12-6                (2)  the charge is:

 12-7                      (A)  related to a transportation expense that was

 12-8    paid in advance to obtain lower rates; and

 12-9                      (B)  incurred because the employee was unable to

12-10    use the transportation because of an illness or a personal

12-11    emergency.

12-12          Sec. 660.016.  PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL

12-13    EXPENSE REIMBURSEMENTS FROM CERTAIN PERSONS.  (a)  Unless

12-14    authorized by law, a state employee may not accept money for wages

12-15    or for a travel expense reimbursement from a person that the

12-16    employee's employing state agency intends to audit, examine, or

12-17    investigate or is auditing, examining, or investigating.

12-18          (b)  A state employee who violates Subsection (a) shall

12-19    forfeit the money or travel expense reimbursement to the state.

12-20          (c)  Subsections (a) and (b) are in addition to any other

12-21    prohibitions, penalties, and forfeitures imposed or required by

12-22    other law.

12-23          Sec. 660.017.  EXCESS REIMBURSEMENTS.  A state employee who

12-24    receives a reimbursement for a travel expense that exceeds the

12-25    amount the employee may receive under this chapter or the travel

12-26    provisions of the General Appropriations Act shall immediately

12-27    return the amount of the excess.

 13-1          Sec. 660.018.  MULTIPLE ADVANCES OR REIMBURSEMENTS FOR A

 13-2    TRAVEL EXPENSE.  A state employee may not accept a reimbursement or

 13-3    advance for a travel expense from more than one source. A state

 13-4    employee who anticipates receiving or actually receives a

 13-5    reimbursement or advance for a  travel expense from a person other

 13-6    than a state agency may seek an advance or reimbursement for the

 13-7    expense from a state agency only to the extent that the amount of

 13-8    the employee's advance or reimbursement from the other source is

 13-9    less than the amount of the total expense incurred.

13-10          SECTION 5.   Section 660.021, Government Code, is amended to

13-11    read as follows:

13-12          Sec. 660.021.  RULES.  The comptroller shall adopt rules for

13-13    the effective and efficient administration [to administer the

13-14    travel regulations] of this chapter and the travel provisions of

13-15    the  General Appropriations Act.

13-16          SECTION 6.   Section 660.024, Government Code, is amended to

13-17    read as follows:

13-18          Sec. 660.024.  ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL

13-19    TRAVEL.  (a)  A state agency may not pay or reimburse a [Travel

13-20    related to official state business for which a reimbursement for]

13-21    travel expense incurred by a state employee that is related to

13-22    travel to, in, or from a foreign nation unless [expenses is claimed

13-23    or for  which an advance for travel expenses to be incurred is

13-24    sought must have the advance written approval of] the governor

13-25    provides written approval of the travel before it begins.  The

13-26    governor may specify the maximum amount of travel expenses that may

13-27    be reimbursed.

 14-1          (b)  Subsection (a) applies to a travel expense only if it is

 14-2    incurred while traveling to, in, or from a destination that is not

 14-3    in [does not apply to travel]:

 14-4                (1)  the United States [in this state]; [or]

 14-5                (2)  a possession of the United States;

 14-6                (3)  [to, in, and from another state,] Mexico;[,] or

 14-7                (4)  Canada.

 14-8          (c)  The governor may give general approval [blanket

 14-9    authority] for international travel by:

14-10                (1)  personnel of the International Trade Development

14-11    Division of the Texas Department of Commerce; and

14-12                (2)  law enforcement personnel of the Department of

14-13    Public Safety.

14-14          (d)  If the governor's approval is required by this section,

14-15    the comptroller may require proof of that approval.

14-16          (e)  The governor may designate an employee of the governor's

14-17    office to provide the approval required by this section.

14-18          SECTION 7.  Section 660.025, Government Code, is amended to

14-19    read as follows:

14-20          Sec. 660.025.  ADVANCE PAYMENT PROCEDURE.  (a)  The

14-21    comptroller by rule shall establish a procedure by which travel

14-22    expense money may be advanced to a state [officer or] employee [may

14-23    receive an  advance payment for projected travel expenses for a

14-24    particular exercise of official duty].  The procedures must be

14-25    consistent with Section 403.248.

14-26          (b)  Money may not be advanced to a state employee for a

14-27    travel expense unless the expense is payable or reimbursable under

 15-1    this chapter, the travel provisions of the General Appropriations

 15-2    Act, and the rules adopted by the comptroller under this chapter.

 15-3    [The comptroller shall require a final accounting after actual

 15-4    travel expense has been determined to provide for any necessary

 15-5    reimbursement or adjustment to reconcile an advance and the actual

 15-6    expense incurred.]

 15-7          SECTION 8.  Subchapter B, Chapter 660, Government Code, is

 15-8    amended by adding Sections 660.027 through 660.029 to read as

 15-9    follows:

15-10          Sec. 660.027.  VOUCHERS.  (a)  The comptroller may issue a

15-11    warrant or initiate an electronic funds transfer to pay or

15-12    reimburse a travel expense only if a state agency submits to the

15-13    comptroller a voucher that requests the payment or reimbursement.

15-14          (b)  A voucher submitted under Subsection (a) is valid only

15-15    if:

15-16                (1)  the state agency submitting the voucher approves

15-17    it in accordance with Chapter 2103 and, if required by law,

15-18    certifies the  voucher; and

15-19                (2)  the state employee who incurred the travel expense

15-20    or, if the employee is unavailable, another individual acceptable

15-21    to the comptroller approves the voucher in writing or

15-22    electronically.

15-23          (c)  A voucher must be submitted in the manner required and

15-24    on the form adopted by the comptroller.  The comptroller may

15-25    require the voucher to be submitted electronically as authorized by

15-26    Chapter 2103.

15-27          (d)  A voucher must describe the official state business

 16-1    performed and be accompanied by the information necessary for the

 16-2    comptroller to determine compliance with this chapter, the travel

 16-3    provisions of the General Appropriations Act, and the rules adopted

 16-4    by the comptroller under this chapter.

 16-5          (e)  The comptroller may require a state agency to provide

 16-6    the information required by Subsection (d):

 16-7                (1)  on the form adopted by the comptroller under

 16-8    Subsection (c);

 16-9                (2)  by submitting receipts; or

16-10                (3)  by a combination of Subdivisions (1) and (2).

16-11          Sec. 660.028.  AUDITS.  (a)  The comptroller shall audit a

16-12    voucher either before or after the comptroller issues a  warrant or

16-13    initiates an electronic funds transfer in response to the voucher.

16-14    The audit must be conducted in accordance with Sections

16-15    403.011(12), 403.071, and 403.079.

16-16          (b)  If the comptroller audits a state agency's voucher after

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

16-18    transfer in response to the voucher, the comptroller may require

16-19    the agency to maintain in its files the receipts relating to the

16-20    voucher until the comptroller audits the voucher.

16-21          (c)  If a state agency pays or reimburses a travel expense

16-22    without first submitting a voucher to the comptroller,  the

16-23    comptroller may audit the payment or reimbursement for compliance

16-24    with this chapter and the travel provisions of the General

16-25    Appropriations Act.  The comptroller may report the results of the

16-26    audit to the governor, the lieutenant governor, the speaker of the

16-27    house of representatives, the state auditor, and the Legislative

 17-1    Budget Board.  The state agency shall cooperate with the

 17-2    comptroller and make available the receipts required by the

 17-3    comptroller at the time and in the manner required by the

 17-4    comptroller.

 17-5          (d)  The comptroller may require a state agency to maintain

 17-6    in its files the receipts regarding a travel expense payment or

 17-7    reimbursement for the period required by the comptroller.

 17-8          Sec. 660.029.  KNOWLEDGE OF TRAVEL PROCEDURES.  (a)  A state

 17-9    agency shall instruct its state employees about this chapter, the

17-10    travel provisions of the General Appropriations Act, and the rules

17-11    adopted by the comptroller under this chapter.

17-12          (b)  A state agency's failure or inability to instruct a

17-13    state employee as required by Subsection (a) does not excuse or

17-14    justify the employee's failure to comply with applicable laws or

17-15    rules.

17-16          SECTION 9.  Subchapter C, Chapter 660, Government Code, is

17-17    amended to read as follows:

17-18          SUBCHAPTER C.  TRANSPORTATION BY PERSONAL MOTOR VEHICLE

17-19                             [TRAVEL EXPENSES]

17-20          Sec. 660.041.  REIMBURSEMENT REQUIREMENT [TRAVEL EXPENSE

17-21    FORM].  (a)  A state employee is entitled to be reimbursed as

17-22    provided by this subchapter for the employee's use of a personally

17-23    owned or leased motor vehicle.

17-24          (b)  A state employee may not be reimbursed under this

17-25    subchapter for an expense other than mileage, tolls, and parking.

17-26    [The comptroller shall prescribe the form on which a travel expense

17-27    is to be submitted.]

 18-1          Sec. 660.042.  AMOUNT OF REIMBURSEMENT [USE OF TRAVEL EXPENSE

 18-2    FORM].  A mileage  reimbursement may not exceed the product of:

 18-3                (1)  the applicable mileage reimbursement rate as

 18-4    established by the legislature in the travel provisions of the

 18-5    General Appropriations Act; and

 18-6                (2)  the number of miles traveled as limited by this

 18-7    subchapter.  [(a)  A state agency shall use the standard travel

 18-8    expense form prescribed by the comptroller in preparing an expense

 18-9    account for a traveling state employee.]

18-10          [(b)  The travel expense form must state:]

18-11                [(1)  the point of origin and the point of destination

18-12    for each trip;]

18-13                [(2)  the reimbursable mileage, including intracity

18-14    mileage, that is traveled or projected between each point;]

18-15                [(3)  the time that the employee is away or plans to be

18-16    away from designated headquarters for which the employee is or will

18-17    be entitled to travel expenses; and]

18-18                [(4)  briefly and clearly the purpose of the trip and

18-19    the character of official business performed or to be performed.]

18-20          Sec. 660.043.  DETERMINATION OF REIMBURSABLE MILEAGE [AMOUNT

18-21    OF REIMBURSEMENT OR ADVANCE].  (a)  The number of miles traveled

18-22    that are eligible for reimbursement under this subchapter may not

18-23    exceed the number of miles of the most cost-effective route between

18-24    the origin of the state employee's travel and the final duty point

18-25    of the state employee.  If a state employee conducts official state

18-26    business at duty points between the origin of the state employee's

18-27    travel and the final duty point, the most cost-effective route

 19-1    between the origin and the final duty point shall include the

 19-2    intermediate duty points.

 19-3          (b)  For the purpose of Subsection (a), the shortest route

 19-4    between two points is presumed to be the most cost-effective route.

 19-5    A longer route may be considered the most cost-effective route only

 19-6    if:

 19-7                (1)  the voucher states that the longer route is more

 19-8    cost effective;

 19-9                (2)  the voucher provides a reasonable justification

19-10    for that statement; and

19-11                (3)  the statement and justification are made by the

19-12    chief administrator of the state agency making the reimbursement or

19-13    by the chief administrator's designee.

19-14          (c)  The comptroller shall periodically issue and update a

19-15    mileage guide that includes a chart showing the number of miles for

19-16    the shortest route between points.  The guide also may include a

19-17    chart showing the number of miles for longer routes between points.

19-18    Farm-to-market and ranch-to-market roads shall be considered when

19-19    determining the routings between points in this state.  The guide

19-20    may be electronic or printed, or both.

19-21          (d)  If the number of miles between points is not shown in

19-22    the guide, the mileage incurred while traveling between those

19-23    points is not reimbursable unless:

19-24                (1)  the voucher itemizes the mileage on a

19-25    point-to-point basis; and

19-26                (2)  the mileage is reasonable.  [A reimbursement or

19-27    advance from money appropriated by the legislature for travel and

 20-1    other necessary expenses incurred by a state officer, chief

 20-2    administrator of a state agency, or a state employee in the active

 20-3    discharge of the person's duties is in the amount provided by the

 20-4    General Appropriations Act as a per diem or actual expenses as

 20-5    provided by the General Appropriations Act.]

 20-6          Sec. 660.044.  USE OF SINGLE MOTOR VEHICLE BY MULTIPLE

 20-7    EMPLOYEES [RATE OF AND METHOD OF COMPUTING PER DIEM AND

 20-8    TRANSPORTATION ALLOWANCE].  (a)  If two, three, or four state

 20-9    employees who are employed by the same state agency  travel on the

20-10    same dates with the same itinerary to conduct the same official

20-11    state business, only one of the employees may be reimbursed for

20-12    mileage.

20-13          (b)  If more than four state employees who are employed by

20-14    the same state agency travel on the same dates with the same

20-15    itinerary to conduct the same official state business, a state

20-16    agency may reimburse for mileage only on the basis of one motor

20-17    vehicle for each four employees and for any fraction in excess of a

20-18    multiple of four employees.

20-19          (c)  Subsections (a) and (b) do not apply to a group of state

20-20    employees if the chief administrative officer of the state agency

20-21    that employs the employees determines before travel that it is not

20-22    feasible for the employees to travel together in the same motor

20-23    vehicle.  This determination may be made only for reasons related

20-24    to official state business.  [The rate of and method of computing a

20-25    per diem or transportation allowance are those provided by the

20-26    General Appropriations Act].

20-27          [Sec. 660.045.  PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE.

 21-1    (a)  A state employee may not receive a per diem allowance or a

 21-2    partial per diem allowance provided by the General Appropriations

 21-3    Act for time during which the employee is:]

 21-4                [(1)  at the employee's official designated

 21-5    headquarters;]

 21-6                [(2)  absent from the employee's place of employment

 21-7    for a reason not connected with the duties of the employee's

 21-8    agency, including absence for a personal reason; or]

 21-9                [(3)  away from the employee's designated headquarters

21-10    for less than six consecutive hours.]

21-11          [(b)  A state employee who leaves the employee's place of

21-12    employment for a reason not related to the duties of the employee's

21-13    agency shall clearly indicate on the required travel expense form

21-14    the absence and the hour and date of departure from and return to

21-15    the employee's place of employment.]

21-16          [Sec. 660.046.  APPROVAL AND PAYMENT OF CLAIM.  (a)  The

21-17    comptroller shall approve a claim for travel expense.]

21-18          [(b)  The comptroller shall issue a warrant for payment of an

21-19    approved claim for travel expense.]

21-20          [Sec. 660.047.  PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY

21-21    FROM CERTAIN PERSONS.  (a)  A state  officer or employee who is

21-22    traveling to perform an official duty may not accept money for

21-23    wages or expenses from a person who is or who may be audited,

21-24    examined, inspected, or investigated by the state.]

21-25          [(b)  A state officer or employee who is traveling to perform

21-26    an official duty may receive travel expenses only from amounts

21-27    appropriated by the General Appropriations Act.]

 22-1          [(c)  The comptroller may not pay the salary of a state

 22-2    employee who violates this section.]

 22-3          [Sec. 660.048.  OVERPAYMENT.  A state officer or employee who

 22-4    receives an overpayment for a travel expense from money

 22-5    appropriated by the General Appropriations Act shall reimburse the

 22-6    state for the overpayment.]

 22-7          [Sec. 660.049.  PROHIBITION APPLICABLE TO TRAVEL COMPENSATION

 22-8    BY OTHER PERSONS.  (a)  A state officer or  employee may not

 22-9    receive a double travel expense payment.]

22-10          [(b)  A state employee who is to be compensated for travel

22-11    expenses from a person other than a state agency may not seek an

22-12    advance payment or receive a reimbursement for the travel from

22-13    money authorized by the General Appropriations Act.]

22-14          [Sec. 660.050.  LOCAL TRANSPORTATION ALLOWANCE.  (a)  A state

22-15    employee whose duties customarily require travel within the

22-16    employee's designated headquarters may be paid a local

22-17    transportation allowance for the travel.]

22-18          [(b)  The allowance may not exceed the transportation

22-19    allowance for use of a privately owned automobile under the General

22-20    Appropriations Act.]

22-21          [(c)  Notwithstanding the General Appropriations Act, a state

22-22    employee with a physical disability that precludes the personal

22-23    operation of a privately owned automobile may receive a reasonable

22-24    local transportation allowance not to exceed the amount to which

22-25    the employee would be entitled for similar travel outside the

22-26    employee's designated headquarters.]

22-27          [Sec. 660.051.  COURTESY CARD.  A state officer or employee

 23-1    may use a courtesy card for travel by air, rail, or bus.]

 23-2          [Sec. 660.052.  DETERMINATION OF MILEAGE FOR TRAVEL BY

 23-3    PRIVATELY OWNED CONVEYANCE.  The comptroller shall determine

 23-4    mileage for the purpose of a reimbursement or advance payment for

 23-5    travel by a privately owned conveyance by:]

 23-6                [(1)  computing the shortest highway distance between

 23-7    the point of origin and the destination using intermediate points

 23-8    at which official state business is conducted; and]

 23-9                [(2)  adding other necessary mileage at points at which

23-10    official state business is conducted.]

23-11          [Sec. 660.053.  DETERMINATION OF MILEAGE FOR TRAVEL BY

23-12    PERSONAL CAR.  (a)  In determining the amount of a reimbursement or

23-13    advance payment for travel by privately owned car in the state, the

23-14    comptroller shall:]

23-15                [(1)  compute all distances according to the shortest

23-16    route between points;]

23-17                [(2)  adopt a mileage guide that is available both

23-18    electronically and in a printed version that includes information

23-19    on distances and provides the shortest route between points in the

23-20    state, including any farm-to-market road; and]

23-21                [(3)  update the mileage guide as necessary.]

23-22          [(b)  The comptroller shall encourage use of the electronic

23-23    mileage guide.  The comptroller may prescribe the circumstances

23-24    under which a state agency may rely on the printed mileage guide.]

23-25          [Sec. 660.054.  MULTIPLE USE OF SINGLE PRIVATELY OWNED

23-26    CONVEYANCE BY STATE EMPLOYEES.  (a)  If two or more state employees

23-27    travel in a single privately owned conveyance, only one employee

 24-1    may receive a transportation allowance.]

 24-2          [(b)  This section does not prohibit each state employee

 24-3    traveling in a privately owned conveyance from receiving a per diem

 24-4    allowance.]

 24-5          [Sec. 660.055.  MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR.

 24-6    (a)  If two, three, or four state officers  or employees travel in

 24-7    a privately owned car, only one reimbursement or advance payment

 24-8    for the car's mileage may be claimed and allowed.]

 24-9          [(b)  The comptroller shall consider the travel claims of the

24-10    officers and employees as multiple claims and may pay only one

24-11    claim to the extent of mileage claimed.]

24-12          [(c)  If more than four employees travel in more than one

24-13    car, full mileage is allowed for one car for each four employees

24-14    and for any fraction in excess of a multiple of four employees.]

24-15          [(d)  A state officer or employee must obtain the advance

24-16    approval of the chief administrator of the officer's or employee's

24-17    state agency if it is not feasible for the officer or employee to

24-18    travel in the same car.  Approval under this subsection authorizes

24-19    reimbursement or advance payment for travel by the officer or

24-20    employee using the officer's or employee's privately owned car.]

24-21          [(e)  This section applies only to state officers or

24-22    employees who:]

24-23                [(1)  are employed by the same state agency;]

24-24                [(2)  are required to travel on the same official state

24-25    business;]

24-26                [(3)  have the same itinerary; and]

24-27                [(4)  travel on the same dates.]

 25-1          SECTION 10.  Chapter 660, Government Code, is amended by

 25-2    adding Subchapters D, E, F, and G to read as follows:

 25-3            SUBCHAPTER D.  TRANSPORTATION BY PERSONAL AIRCRAFT

 25-4          Sec. 660.071.  REIMBURSEMENT REQUIREMENT.  A state employee,

 25-5    a key official, or a member of a board is entitled to be reimbursed

 25-6    as provided by this subchapter for use of an aircraft owned or

 25-7    leased by the employee, official, or member.

 25-8          Sec. 660.072.  AMOUNT OF REIMBURSEMENT.  A reimbursement

 25-9    under this subchapter may not exceed the product of:

25-10                (1)  the aircraft mileage reimbursement rate

25-11    established in the travel provisions of the General Appropriations

25-12    Act; and

25-13                (2)  the highway mileage between the designated

25-14    headquarters and duty point of the state employee, key official, or

25-15    member of a board.

25-16          Sec. 660.073.  AIRCRAFT MILEAGE REIMBURSEMENT RATE.  The

25-17    travel provisions of the General Appropriations Act may establish

25-18    different aircraft mileage rates:

25-19                (1)  for travel in:

25-20                      (A)  a single-engine aircraft;

25-21                      (B)  a twin-engine aircraft; and

25-22                      (C)  a turbine-powered aircraft; and

25-23                (2)  for travel by:

25-24                      (A)  a state employee;

25-25                      (B)  a key official;

25-26                      (C)  a member of a board; and

25-27                      (D)  a member of the legislature.

 26-1          Sec. 660.074.  GROUP TRAVEL.  (a)  This section applies only

 26-2    if a key official or member of a board travels with another

 26-3    official or member in an aircraft owned or leased by the other

 26-4    official or member.

 26-5          (b)  In addition to the amount entitled to be reimbursed

 26-6    under Section 660.071, the key official or member of a board who

 26-7    owns or leases the aircraft is entitled to an amount equal to the

 26-8    amount that would have been paid or reimbursed to each passenger

 26-9    had the passenger incurred the average economy or coach airfare

26-10    instead of traveling on the aircraft.  The total reimbursement to

26-11    the official or member may not exceed the total cost of the trip.

26-12          (c)  The lessee of the aircraft may require the reimbursement

26-13    to be paid to the vendor providing the leased aircraft instead of

26-14    the lessee.

26-15          Sec. 660.075.  AIRCRAFT LEASED FROM CERTAIN PERSONS.  A key

26-16    official or a member of a board is entitled to reimbursement under

26-17    this subchapter for use of an aircraft leased from a

26-18    proprietorship, partnership, or corporation in which the official

26-19    or member has an interest.

26-20             (Sections 660.076-660.090 reserved for expansion

26-21       SUBCHAPTER E.  TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE

26-22          Sec. 660.091.  GENERAL PROVISION.  A state agency shall pay

26-23    as provided by this subchapter the expense of  transporting a state

26-24    employee by rented or public conveyance in the course of conducting

26-25    state business.

26-26          Sec. 660.092.  PAYMENT AND REIMBURSEMENT METHODS.  (a)  A

26-27    state agency may pay an expense under this subchapter by:

 27-1                (1)  reimbursing the employee as provided by Subsection

 27-2    (b);

 27-3                (2)  directly paying the expense as provided by

 27-4    Subsection (c); or

 27-5                (3)  directly paying the expense in advance of travel

 27-6    as provided by Subsection (d).

 27-7          (b)  If a state agency reimburses a state employee, the

 27-8    agency shall submit receipts to the comptroller on request in the

 27-9    manner required by the comptroller.  A state agency is not required

27-10    to submit receipts for mass transit, taxi, or limousine fares.

27-11          (c)  A state agency may request a commercial transportation

27-12    company to furnish transportation to the agency's state employees

27-13    and to bill the agency monthly for that transportation.  The state

27-14    agency shall require the company to submit an invoice to the agency

27-15    listing the points of origin and destination for each trip and the

27-16    taxes charged.  The agency shall submit those invoices to the

27-17    comptroller on request and in the manner required by the

27-18    comptroller.

27-19          (d)  A state agency may directly pay a commercial

27-20    transportation company before the travel of a state employee if the

27-21    payment would result in a lower transportation expense.  The

27-22    comptroller may adopt rules that authorize advance payments in

27-23    other circumstances.

27-24          (e)  If a reimbursement to a state employee for a

27-25    transportation expense would not be authorized, a direct payment to

27-26    a commercial transportation company for the same expense is

27-27    prohibited.

 28-1          (f)  A state agency may not pay or reimburse the expense of

 28-2    transporting a state employee by rented or public conveyance if the

 28-3    transportation is provided by a person who is not a commercial

 28-4    transportation company.

 28-5          Sec. 660.093.  COMMERCIAL AIR TRANSPORTATION.  The amount

 28-6    that a state agency pays or reimburses for a state employee to

 28-7    travel between points by commercial airline may not exceed the

 28-8    lowest rate available.  First class airfare may be paid or

 28-9    reimbursed only if it is the only available airfare.  Business

28-10    class airfare may be paid or reimbursed only if a lower airfare is

28-11    not available.

28-12             (Sections 660.094-660.110 reserved for expansion

28-13           SUBCHAPTER F.  MEAL, LODGING, AND INCIDENTAL EXPENSES

28-14          Sec. 660.111.  REIMBURSEMENT REQUIREMENT.  A state employee

28-15    is entitled to be reimbursed as provided by this subchapter  for a

28-16    meal, lodging, or incidental expense incurred by the employee.

28-17          Sec. 660.112.  AMOUNT OF REIMBURSEMENT.  A reimbursement

28-18    under this subchapter may not exceed:

28-19                (1)  the limits established by the travel provisions of

28-20    the General Appropriations Act for meal and lodging expenses; and

28-21                (2)  the amount of incidental expenses actually

28-22    incurred by the state employee.

28-23          Sec. 660.113.  RESTRICTED REIMBURSEMENTS.  (a)  A state

28-24    agency may not reimburse a state employee for a lodging expense

28-25    incurred at a place that is not a commercial lodging establishment.

28-26          (b)  A state agency may not reimburse a state employee for a

28-27    meal or lodging expense the employee incurs while traveling outside

 29-1    the employee's designated headquarters for less than six

 29-2    consecutive hours unless the employee is a chief administrator of a

 29-3    state agency or the travel provisions of the General Appropriations

 29-4    Act authorize the reimbursement.

 29-5          (c)  A state agency may not reimburse a state employee for a

 29-6    meal expense incurred within the employee's designated headquarters

 29-7    unless the expense is:

 29-8                (1)  mandatory; and

 29-9                (2)  connected with training, a seminar, or a

29-10    conference.

29-11          (d)  A state agency may reimburse a state employee for a meal

29-12    expense incurred while traveling without an overnight stay away

29-13    from the employee's designated headquarters only if the chief

29-14    administrator of the agency authorizes the reimbursement.

29-15          (e)  A state agency may not reimburse a state employee for

29-16    the purchase of an alcoholic beverage, unless the employee is a

29-17    peace officer who purchased the beverage as a purchase of evidence

29-18    in an administrative or criminal case.

29-19          Sec. 660.114.  DIRECT PAYMENTS TO COMMERCIAL LODGING

29-20    ESTABLISHMENTS.  (a)  A state agency may request that a commercial

29-21    lodging establishment bill the agency directly for a lodging

29-22    expense.  A state agency shall submit receipts regarding the

29-23    expense to the comptroller on request in the manner required by the

29-24    comptroller.

29-25          (b)  If a direct payment to a commercial lodging

29-26    establishment is authorized under this section, any meal expenses

29-27    incurred at the establishment may be paid directly to the

 30-1    establishment.  A state agency shall submit receipts about the

 30-2    expenses to the comptroller on request in the manner required by

 30-3    the comptroller.

 30-4          (c)  If a reimbursement to a state employee for a lodging or

 30-5    meal expense would not be authorized, a direct payment to a

 30-6    commercial lodging establishment for the expense is prohibited.

 30-7          Sec. 660.115.  RECEIPTS.  (a)  Except as provided by

 30-8    Subsections (b) and (c), a state employee who requests

 30-9    reimbursement for a lodging expense must submit a lodging receipt

30-10    to the comptroller at the time and in the manner required by the

30-11    comptroller.

30-12          (b)  A chief administrator of a state agency who is not a

30-13    member of a board is not required to submit a lodging receipt to

30-14    the comptroller.

30-15          (c)  A member of a board is not required to submit a lodging

30-16    receipt to the comptroller if:

30-17                (1)  the membership of the board is elected by vote of

30-18    the people; or

30-19                (2)  the member serves on the board full-time and is

30-20    paid a salary for that service.

30-21          Sec. 660.116.  HOTEL OCCUPANCY AND SIMILAR TAXES.  (a)  A

30-22    state employee is entitled to be reimbursed for a state, county, or

30-23    local hotel occupancy tax or any similar tax imposed by a law of

30-24    this state, another state, or a foreign nation.

30-25          (b)  A state employee is entitled to be reimbursed for a

30-26    hotel occupancy or similar tax from which the employee is legally

30-27    exempt only if the employee properly claims the exemption and the

 31-1    commercial lodging establishment refuses to honor the exemption.

 31-2          (c)  If a state agency directly pays a commercial lodging

 31-3    establishment under Section 660.114, the agency may directly pay a

 31-4    hotel occupancy or similar tax to the establishment.

 31-5          Sec. 660.117.  APARTMENT OR HOUSE RENTAL EXPENSES.  An

 31-6    apartment or house rental expense may be reimbursed or paid only

 31-7    if:

 31-8                (1)  the purpose of the rental is the conservation of

 31-9    funds; and

31-10                (2)  the reimbursement or payment and the rental comply

31-11    with the rules adopted by the comptroller under this chapter.

31-12          Sec. 660.118.  INCIDENTAL EXPENSES.  A state agency may

31-13    reimburse a state employee for an incidental expense incurred by

31-14    the employee only in accordance with rules adopted by the

31-15    comptroller under this chapter.

31-16             (Sections 660.119-660.140 reserved for expansion

31-17             SUBCHAPTER G.  SPECIAL TRAVEL EXPENSE PROVISIONS

31-18          Sec. 660.141.  TRAVEL BY CERTAIN INDIVIDUALS.  (a)  An

31-19    individual is entitled to reimbursement for the actual expense of

31-20    meals and lodging incurred while performing the duties of the

31-21    individual's office or employment if the individual is:

31-22                (1)  a judicial officer;

31-23                (2)  a chief administrative officer of a state agency,

31-24    subject to Subsection (c);

31-25                (3)  the executive director of the Texas Legislative

31-26    Council; or

31-27                (4)  the secretary of the senate.

 32-1          (b)  The governor's spouse is entitled to reimbursement for

 32-2    actual travel expenses incurred while performing duties at the

 32-3    direction of the governor.

 32-4          (c)  A member of a board whose membership is not elected by

 32-5    vote of the people is not a chief administrative officer for the

 32-6    purposes of this section.

 32-7          Sec. 660.142.  BOARD MEMBERS.  This chapter applies to a

 32-8    payment or reimbursement of a travel expense incurred by a member

 32-9    of a board only if Subchapter C, Chapter 659, or other applicable

32-10    law authorizes the payment or reimbursement.

32-11          Sec. 660.143.  TRAVEL BY PERSONS WITH DISABILITIES.  (a)

32-12    Notwithstanding any other provision of this chapter, a state agency

32-13    may reimburse a state employee with a disability for attendant care

32-14    and other necessary expenses incurred when the employee travels

32-15    inside or outside the employee's designated headquarters. An

32-16    expense incurred when traveling between a residence and a place of

32-17    employment may be reimbursed only as provided by law for state

32-18    employees without disabilities.

32-19          (b)  If the airfare is medically necessary, a state agency

32-20    may reimburse a state employee with a disability for the first or

32-21    business class airfare of:

32-22                (1)  the employee; and

32-23                (2)  the attendant of the employee.

32-24          (c)  Instead of reimbursing a state employee for attendant

32-25    care and other necessary expenses, a state agency may:

32-26                (1)  reimburse the attendant for those expenses; or

32-27                (2)  pay a commercial transportation company  or

 33-1    commercial lodging establishment directly if the expenses are for

 33-2    transportation or lodging.

 33-3          (d)  If this chapter, the travel provisions of the General

 33-4    Appropriations Act, or a rule adopted by the comptroller under this

 33-5    chapter conflicts with a requirement of the Americans with

 33-6    Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a

 33-7    federal regulation adopted under that Act, or another applicable

 33-8    federal law or regulation, the federal law or regulation controls

 33-9    to the extent of the conflict.

33-10          Sec. 660.144.  DEATH OF STATE EMPLOYEES.  (a)  A state agency

33-11    may pay or reimburse the expense of preparing and transporting the

33-12    remains and personal property of a state employee who dies while

33-13    conducting official state business outside the employee's

33-14    designated headquarters.

33-15          (b)  The agency may pay or reimburse the expense of

33-16    transporting the remains and personal property either to the

33-17    employee's designated headquarters or to another location

33-18    designated by the executor or administrator of the employee's

33-19    estate.  If the remains and personal property are transported to a

33-20    location other than the employee's designated headquarters, the

33-21    amount of the agency's payment or reimbursement may not exceed the

33-22    amount that would have been paid had the remains and personal

33-23    property been transported to the designated headquarters.

33-24          Sec. 660.145.  TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES

33-25    AND THEIR FAMILIES.  (a)  A state agency may pay or reimburse a

33-26    travel expense incurred by a state employee who serves in a law

33-27    enforcement, investigative, or similar capacity if the employee is

 34-1    threatened as a result of the employee's official duties.

 34-2          (b)  A state agency may pay or reimburse a travel expense

 34-3    incurred by the family of a state employee who serves in a law

 34-4    enforcement, investigative, or similar capacity if the family is

 34-5    threatened as a result of the employee's official duties.

 34-6          (c)  A travel expense is payable or reimbursable under this

 34-7    section even if it is incurred within a state employee's designated

 34-8    headquarters.

 34-9          Sec. 660.146.  CONFLICTS WITH OTHER SUBCHAPTERS.  In the

34-10    event of a conflict between this subchapter and another  provision

34-11    of this chapter, this subchapter controls.

34-12          SECTION 11.  Section 659.031, Government Code, is amended to

34-13    read as follows:

34-14          Sec. 659.031.  DEFINITION.  In this subchapter, "state board"

34-15    means a board, commission, committee, council, or similar agency in

34-16    the executive or judicial branch of state government that is

34-17    composed of two or more members. The term does not include a board,

34-18    commission, committee, council, or similar agency whose membership

34-19    is elected by vote of the people.

34-20          SECTION 12.  Sections 660.005, 660.022, 660.023, and 660.026,

34-21    Government Code, are repealed.

34-22          SECTION 13.  (a)  In this section, "travel expense" has the

34-23    meaning assigned by Section 660.002, Government Code, as amended by

34-24    this Act.

34-25          (b)  Except as provided by Subsection (c) of this section,

34-26    the changes in law made by this Act apply only to a travel expense

34-27    incurred on or after the effective date of this Act.  A travel

 35-1    expense incurred before the effective date of this Act is governed

 35-2    by the law applicable to the expense at the time the expense was

 35-3    incurred, and that law is continued in effect for that purpose.           

 35-4          (c)  The changes in law made by this Act in regard to the

 35-5    procedures that must be followed for payment or reimbursement of a

 35-6    travel expense also apply to payment or reimbursement made on or

 35-7    after the effective date of this Act of an expense incurred before

 35-8    the effective date.

 35-9          SECTION 14.  This Act takes effect September 1, 1997.

35-10          SECTION 15.  The importance of this legislation and the

35-11    crowded condition of the calendars in both houses create an

35-12    emergency and an imperative public necessity that the

35-13    constitutional rule requiring bills to be read on three several

35-14    days in each house be suspended, and this rule is hereby suspended.