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.