1-1           By:  Armbrister                                  S.B. No. 495

 1-2           (In the Senate - Filed February 7, 1997; February 12, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     February 24, 1997, reported favorably by the following vote:  Yeas

 1-5     12, Nays 0; February 24, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to travel expenses incurred by state officers and

 1-9     employees.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 660.002, Government Code, is amended to

1-12     read as follows:

1-13           Sec. 660.002.  DEFINITIONS.  In this chapter:

1-14                 (1)  "Appropriated funds" means funds appropriated

1-15     under the General Appropriations Act.

1-16                 (2)  "Board" means a board, commission, committee,

1-17     council, governing body, or similar entity in the executive,

1-18     legislative, or judicial branch of state government that is

1-19     composed of two or more members.

1-20                 (3)  "Cancellation charge" means a fee, charge, or

1-21     payment that a provider of travel services assesses or retains

1-22     because of the cancellation of a travel reservation or other travel

1-23     plan.

1-24                 (4)  "Chief administrator of a state agency" means:

1-25                       (A)  an elected state official, including a

1-26     member of a board whose membership is elected by vote of the people

1-27     but excluding a member of the legislature;

1-28                       (B)  an appointed state official, including an

1-29     individual [official] whose appointment as a state official has not

1-30     yet been confirmed by the [is subject to] senate [confirmation];

1-31                       (C)  the director of a legislative interim

1-32     committee or board;

1-33                       (D)  the chief administrator of a state hospital

1-34     or special school; [and]

1-35                       (E)  the chief administrator of an [a state]

1-36     institution of higher education;

1-37                       (F)  a first assistant, chief deputy, chief

1-38     clerk, or similar individual employed by a state agency who is

1-39     specifically authorized by law to act for the individual's

1-40     superior; and

1-41                       (G)  the individual who has the daily

1-42     responsibility for managing the operations of a state agency that

1-43     is governed by a part-time board.

1-44                 (5)  "Commercial lodging establishment" means:

1-45                       (A)  a motel, hotel, inn, apartment, house, or

1-46     similar establishment that provides lodging to the public for pay;

1-47     or

1-48                       (B)  a person or establishment that provides

1-49     lodging for pay that the comptroller determines to have a

1-50     sufficient number of the characteristics of a commercial lodging

1-51     establishment for purposes of this chapter.

1-52                 (6)  "Commercial transportation company" means a person

1-53     that offers to the public to transport people or goods for pay.

1-54                 (7)  "Designated headquarters" means:

1-55                       (A)  the area within:

1-56                             (i)  the boundaries of the incorporated

1-57     municipality in which the state employee's place of employment is

1-58     located; or

1-59                             (ii)  a five-mile radius of the state

1-60     employee's place of employment, if the state employee's place of

1-61     employment is located within an unincorporated area; and

1-62                       (B)  any area completely surrounded by the

1-63     incorporated municipality in which the state employee's place of

1-64     employment is located.

 2-1                 (8)  "Disability" means a physical or mental impairment

 2-2     of an individual that substantially limits one or more major life

 2-3     activities of the individual.

 2-4                 (9)  "Duty point" means the destination, other than a

 2-5     place of employment, to which a state employee travels to conduct

 2-6     official state business.  If the destination is outside the

 2-7     employee's designated headquarters, the duty point is:

 2-8                       (A)  the incorporated municipality in which the

 2-9     destination is located; or

2-10                       (B)  the area within a five-mile radius of the

2-11     destination if the destination is located in an unincorporated

2-12     area.

2-13                 (10)  "Incidental expense" means an expense incurred

2-14     while traveling on official state business.  The term includes a

2-15     mandatory insurance or service charge and an applicable tax.  The

2-16     term does not include:

2-17                       (A)  a meal, lodging, or transportation expense,

2-18     including a tax on a meal;

2-19                       (B)  a personal expense;

2-20                       (C)  an expense that a person would incur

2-21     regardless of whether the person is traveling on official state

2-22     business; or

2-23                       (D)  a tip or gratuity.

2-24                 (11)  "Institutional funds" has the meaning assigned by

2-25     Section 51.009, Education Code.

2-26                 (12)  "Institution of higher education" has the meaning

2-27     assigned by Section 61.003, Education Code.

2-28                 (13)  "Key official" means a chief administrator of a

2-29     state agency or a person holding a position that has been

2-30     designated as exempt from the position classification plan in

2-31     accordance with the General Appropriations Act or by the governor

2-32     under Chapter 654.

2-33                 (14)  "Lease" means a contract with a term of at least

2-34     one month that gives the lessee possession and use of property or

2-35     equipment while the lessor retains ownership of the property or

2-36     equipment.

2-37                 (15)  "Place of employment" means the office or other

2-38     location at which a state employee most frequently conducts

2-39     official state business.

2-40                 (16)  "Prospective state employee" means an individual

2-41     that a state agency considers for employment with the agency.  The

2-42     term includes a state employee of a state agency who is considered

2-43     for employment by another state agency.

2-44                 (17)  "Receipt" means the tangible or electronically

2-45     stored version of an invoice, ticket, bill, document, or other item

2-46     that the comptroller accepts as proof that a travel expense has

2-47     been incurred by a state employee.

2-48                 (18)  "Rented or public conveyance" means a motor

2-49     vehicle, train, aircraft, boat, or bicycle that a state employee

2-50     rents or pays a fare to use for a period of less than one month.

2-51                 (19)  "State agency" means:

2-52                       (A)  a unit of state government that uses

2-53     appropriated funds to pay or reimburse a travel expense of a state

2-54     employee;

2-55                       (B)  the Teacher Retirement System of Texas; or

2-56                       (C)  the Employees Retirement System of Texas.

2-57                 (20)  "State employee" means a person employed by a

2-58     state agency.  The term includes a key official unless this chapter

2-59     specifically provides otherwise.

2-60                 (21)  "Travel expense" means a meal, lodging,

2-61     transportation, or incidental expense.

2-62                 (22)  "Unit of state government" includes an

2-63     institution of higher education.

2-64                 [(2)  "Per diem allowance" means a flat daily rate that

2-65     is paid instead of actual expenses for meals and lodging and is

2-66     compensation for official travel purposes only.]

2-67           SECTION 2.   Section 660.003, Government Code, is amended to

2-68     read as follows:

2-69           Sec. 660.003.  APPLICABILITY.  (a)  This chapter, the General

 3-1     Appropriations Act, and the rules adopted by the comptroller under

 3-2     this chapter govern the procedures, amounts, timing, limits,

 3-3     required documentation, permissible payees, distinctions among

 3-4     different types of state employees, and all other details

 3-5     concerning travel expense payments or reimbursements by a state

 3-6     agency.

 3-7           (b)  Except as provided by Subsections (c) and (d), this

 3-8     chapter and the travel provisions of the General Appropriations Act

 3-9     apply to a travel expense only to the extent that appropriated

3-10     funds are used to pay or reimburse the expense.

3-11           (c)  This chapter and the travel provisions of the General

3-12     Appropriations Act apply to a travel expense paid or reimbursed by

3-13     the Employees Retirement System of Texas or the Teacher Retirement

3-14     System of Texas, regardless of whether the funds used to make the

3-15     payment or reimbursement are appropriated funds.

3-16           (d)  A law outside this chapter that states that this

3-17     chapter, the travel provisions of the General Appropriations Act,

3-18     or both, apply to a travel expense prevails over a provision to the

3-19     contrary in this chapter.

3-20           (e)  A state agency may pay or reimburse a travel expense

3-21     only if:

3-22                 (1)  the expense is reasonable and necessary;

3-23                 (2)  the purpose of the travel clearly involves

3-24     official state business and is consistent with the agency's legal

3-25     authority; and

3-26                 (3)  the expense and the travel during which the

3-27     expense is incurred comply with:

3-28                       (A)  this chapter;

3-29                       (B)  the rules adopted by the comptroller under

3-30     this chapter; and

3-31                       (C)  the travel provisions of the General

3-32     Appropriations Act.

3-33           (f)  A travel expense may be paid or reimbursed according to

3-34     the requirements of an applicable federal law or regulation, and

3-35     this chapter does not apply to the extent necessary to avoid

3-36     conflict with an applicable federal law or regulation [applies to:]

3-37                 [(1)  a state officer;]

3-38                 [(2)  a chief administrator of a state agency;]

3-39                 [(3)  a state employee; and]

3-40                 [(4)  a prospective state employee who incurs expenses

3-41     when requested to visit a state agency, department, or institution

3-42     of higher education for an employment interview and evaluation].

3-43           SECTION 3.   Section 660.004, Government Code, is amended to

3-44     read as follows:

3-45           Sec. 660.004.  TRAVEL EXPENSES PAID OR REIMBURSED [INCURRED]

3-46     BY [OFFICIALS OR EMPLOYEES OF] INSTITUTIONS OF HIGHER EDUCATION.

3-47     (a)  This chapter does not apply to a [reimbursement for] travel

3-48     expense to the extent an institution of higher education pays or

3-49     reimburses the expense from institutional funds [expenses:]

3-50                 [(1)  incurred by an official or employee of the

3-51     athletic department of an institution of higher education;]

3-52                 [(2)  to an official or employee of an institution of

3-53     higher education from a gift or bequest; or]

3-54                 [(3)  of an official or employee of an institution of

3-55     higher education if the expenses are paid or reimbursed to the

3-56     institution under a contract between the institution and the

3-57     federal government or another contracting agency].

3-58           (b)  The governing board of an [each] institution of higher

3-59     education shall adopt [necessary] rules as necessary to administer

3-60     and control travel expense payments and reimbursements that are

3-61     exempt from this chapter under Subsection (a) [for the

3-62     administration and control of travel by an official or employee

3-63     exempted by this section].

3-64           SECTION 4.   Subchapter A, Chapter 660, Government Code, is

3-65     amended by adding Sections 660.006 through 660.018 to read as

3-66     follows:

3-67           Sec. 660.006.  TRAVEL OF PROSPECTIVE STATE EMPLOYEES.  (a)  A

3-68     state agency that provides advance authorization to a prospective

3-69     state employee to visit the agency for an interview or other

 4-1     employment evaluation may:

 4-2                 (1)  reimburse the prospective state employee for a

 4-3     travel expense incurred as a result of visiting the agency; or

 4-4                 (2)  pay a vendor for a travel expense incurred by the

 4-5     prospective state employee as a result of visiting the agency.

 4-6           (b)  A state agency shall treat a prospective state employee

 4-7     as a state employee for the purposes of reimbursing or paying a

 4-8     travel expense of the prospective state employee.  The amount of

 4-9     the payment or reimbursement is limited to the amount that may be

4-10     paid or reimbursed for travel expenses incurred by an individual

4-11     who holds the position for which the prospective state employee is

4-12     being considered.

4-13           Sec. 660.007.  CONSERVATION OF FUNDS.  (a)  A state agency

4-14     shall minimize the amount of travel expenses paid or reimbursed by

4-15     the agency.  The agency shall ensure that each travel arrangement

4-16     is the most cost effective considering all relevant circumstances.

4-17           (b)  A state agency may specify a travel expense payment or

4-18     reimbursement rate that is less than the maximum rate specified in

4-19     this chapter or the travel provisions of the General Appropriations

4-20     Act.  The lower rate applies only to a travel expense incurred

4-21     after the agency has notified the affected individuals in writing

4-22     about the rate.  The agency is solely responsible for enforcing the

4-23     rate.

4-24           Sec. 660.008.  TRAVEL EXPENSES INCURRED WHILE ON LEAVE.  A

4-25     state agency may pay or reimburse a state employee for a travel

4-26     expense the employee incurs while using personal or compensatory

4-27     leave if:

4-28                 (1)  the leave is used while the employee is away from

4-29     the employee's designated headquarters;

4-30                 (2)  the primary purpose of the employee's being away

4-31     is to conduct official state business; and

4-32                 (3)  the agency determines that returning the employee

4-33     to the employee's designated headquarters while using the leave

4-34     would not be cost effective or would be impracticable.

4-35           Sec. 660.009.  INABILITY TO PERFORM OFFICIAL STATE BUSINESS.

4-36     A state agency may pay or reimburse a state employee for a travel

4-37     expense the employee incurs as a result of attempting to conduct

4-38     official state business if:

4-39                 (1)  the employee is unable to conduct the business

4-40     because of a natural disaster or other natural occurrence; and

4-41                 (2)  the expense would be payable or reimbursable had

4-42     the official state business been conducted.

4-43           Sec. 660.010.  TRAVEL EXPENSES INCURRED TO OBTAIN MEDICAL

4-44     CARE.  As additional compensation to a state employee, a state

4-45     agency may pay or reimburse the employee for a travel expense the

4-46     employee incurs while obtaining medical care for the employee if:

4-47                 (1)  the expense is incurred outside the employee's

4-48     designated headquarters;

4-49                 (2)  the purpose of the employee traveling outside the

4-50     employee's designated headquarters was to conduct official state

4-51     business;

4-52                 (3)  waiting to receive the care until the employee

4-53     returns to the employee's designated headquarters would be

4-54     unreasonable; and

4-55                 (4)  the expense is paid or reimbursed only to the

4-56     extent it would have been paid or reimbursed had it been incurred

4-57     while conducting official state business.

4-58           Sec. 660.011.  TRAVEL EXPENSES INCURRED TO ATTEND FUNERAL.

4-59     As additional compensation to a state employee, a state agency may

4-60     reimburse the employee for or pay a travel expense the employee

4-61     incurs while attending the funeral of an individual who was a state

4-62     employee, a board member, or a member of the legislature if:

4-63                 (1)  the agency determines that the employee's

4-64     attendance at the funeral is appropriate under the circumstances;

4-65     and

4-66                 (2)  the expense is paid or reimbursed only to the

4-67     extent it could have been paid or reimbursed had it been incurred

4-68     while conducting official state business.

4-69           Sec. 660.012.  TRAVEL EXPENSES INCURRED RETURNING TO

 5-1     DESIGNATED HEADQUARTERS.  (a)  A state agency that requires a state

 5-2     employee on personal or compensatory leave to return to the

 5-3     employee's designated headquarters from another location may pay or

 5-4     reimburse the employee for a travel expense incurred by the

 5-5     employee while traveling to the headquarters.  The agency may pay

 5-6     or reimburse a travel expense incurred by the employee while

 5-7     traveling back to the location at which the employee was staying

 5-8     while on leave or, when appropriate, to the proper location on the

 5-9     employee's itinerary, if the employee resumes the leave.

5-10           (b)  A state agency may pay or reimburse a state employee for

5-11     a travel expense incurred when the employee returns, before

5-12     official state business is completed, from a duty point to the

5-13     employee's designated headquarters because of an illness or a

5-14     personal emergency.

5-15           Sec. 660.013.  TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER

5-16     AGENCIES.  A state agency may pay or reimburse a travel expense

5-17     incurred by another state agency's employee if the employee

5-18     incurred the expense while providing services to the paying or

5-19     reimbursing agency.

5-20           Sec. 660.014.  PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL

5-21     AGENTS.  (a)  If a state agency may directly pay a commercial

5-22     lodging establishment or a commercial transportation company under

5-23     this chapter, the agency may instead pay a credit card issuer or a

5-24     travel agency for the lodging or transportation.

5-25           (b)  The documentation required for direct payment to a

5-26     commercial lodging establishment or commercial transportation

5-27     company is also required for payment to a credit card issuer or a

5-28     travel agency.

5-29           Sec. 660.015.  CANCELLATION CHARGES.  A state agency may pay

5-30     or reimburse a state employee for a cancellation charge if:

5-31                 (1)  the charge is incurred for a reason related to

5-32     official state business or to official state business that could

5-33     not be conducted because of a natural disaster or other natural

5-34     occurrence; or

5-35                 (2)  the charge is:

5-36                       (A)  related to a transportation expense that was

5-37     paid in advance to obtain lower rates; and

5-38                       (B)  incurred because the employee was unable to

5-39     use the transportation because of an illness or a personal

5-40     emergency.

5-41           Sec. 660.016.  PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL

5-42     EXPENSE REIMBURSEMENTS FROM CERTAIN PERSONS.  (a)  Unless

5-43     authorized by law, a state employee may not accept money for wages

5-44     or for a travel expense reimbursement from a person that the

5-45     employee's employing state agency intends to audit, examine, or

5-46     investigate or is auditing, examining, or investigating.

5-47           (b)  A state employee who violates Subsection (a) shall

5-48     forfeit the money or travel expense reimbursement to the state.

5-49           (c)  Subsections (a) and (b) are in addition to any other

5-50     prohibitions, penalties, and forfeitures imposed or required by

5-51     other law.

5-52           Sec. 660.017.  EXCESS REIMBURSEMENTS.  A state employee who

5-53     receives a reimbursement for a travel expense that exceeds the

5-54     amount the employee may receive under this chapter or the travel

5-55     provisions of the General Appropriations Act shall immediately

5-56     return the amount of the excess.

5-57           Sec. 660.018.  MULTIPLE ADVANCES OR REIMBURSEMENTS FOR A

5-58     TRAVEL EXPENSE.  A state employee may not accept a reimbursement or

5-59     advance for a travel expense from more than one source.  A state

5-60     employee who anticipates receiving or actually receives a

5-61     reimbursement or advance for a travel expense from a person other

5-62     than a state agency may seek an advance or reimbursement for the

5-63     expense from a state agency only to the extent that the amount of

5-64     the employee's advance or reimbursement from the other source is

5-65     less than the amount of the total expense incurred.

5-66           SECTION 5.   Section 660.021, Government Code, is amended to

5-67     read as follows:

5-68           Sec. 660.021.  RULES.  The comptroller shall adopt rules for

5-69     the effective and efficient administration [to administer the

 6-1     travel regulations] of this chapter and the travel provisions of

 6-2     the General Appropriations Act.

 6-3           SECTION 6.   Section 660.024, Government Code, is amended to

 6-4     read as follows:

 6-5           Sec. 660.024.  ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL

 6-6     TRAVEL.  (a)  A state agency may not pay or reimburse a [Travel

 6-7     related to official state business for which a reimbursement for]

 6-8     travel expense incurred by a state employee that is related to

 6-9     travel to, in, or from a foreign nation unless [expenses is claimed

6-10     or for which an advance for travel expenses to be incurred is

6-11     sought must have the advance written approval of] the governor

6-12     provides written approval of the travel before it begins.  The

6-13     governor may specify the maximum amount of travel expenses that may

6-14     be reimbursed.

6-15           (b)  Subsection (a) applies to a travel expense only if it is

6-16     incurred while traveling to, in, or from a destination that is not

6-17     in [does not apply to travel]:

6-18                 (1)  the United States [in this state]; [or]

6-19                 (2)  a possession of the United States;

6-20                 (3)  [to, in, and from another state,] Mexico;[,] or

6-21                 (4)  Canada.

6-22           (c)  The governor may give general approval [blanket

6-23     authority] for international travel by:

6-24                 (1)  personnel of the International Trade Development

6-25     Division of the Texas Department of Commerce; and

6-26                 (2)  law enforcement personnel of the Department of

6-27     Public Safety.

6-28           (d)  If the governor's approval is required by this section,

6-29     the comptroller may require proof of that approval.

6-30           (e)  The governor may designate an employee of the governor's

6-31     office to provide the approval required by this section.

6-32           SECTION 7.  Section 660.025, Government Code, is amended to

6-33     read as follows:

6-34           Sec. 660.025.  ADVANCE PAYMENT PROCEDURE.  (a)  The

6-35     comptroller by rule shall establish a procedure by which travel

6-36     expense money may be advanced to a state [officer or] employee [may

6-37     receive an advance payment for projected travel expenses for a

6-38     particular exercise of official duty].  The procedures must be

6-39     consistent with Section 403.248.

6-40           (b)  Money may not be advanced to a state employee for a

6-41     travel expense unless the expense is payable or reimbursable under

6-42     this chapter, the travel provisions of the General Appropriations

6-43     Act, and the rules adopted by the comptroller under this chapter.

6-44     [The comptroller shall require a final accounting after actual

6-45     travel expense has been determined to provide for any necessary

6-46     reimbursement or adjustment to reconcile an advance and the actual

6-47     expense incurred.]

6-48           SECTION 8.  Subchapter B, Chapter 660, Government Code, is

6-49     amended by adding Sections 660.027 through 660.029 to read as

6-50     follows:

6-51           Sec. 660.027.  VOUCHERS.  (a)  The comptroller may issue a

6-52     warrant or initiate an electronic funds transfer to pay or

6-53     reimburse a travel expense only if a state agency submits to the

6-54     comptroller a voucher that requests the payment or reimbursement.

6-55           (b)  A voucher submitted under Subsection (a) is valid only

6-56     if:

6-57                 (1)  the state agency submitting the voucher approves

6-58     it in accordance with Chapter 2103 and, if required by law,

6-59     certifies the voucher; and

6-60                 (2)  the state employee who incurred the travel expense

6-61     or, if the employee is unavailable, another individual acceptable

6-62     to the comptroller approves the voucher in writing or

6-63     electronically.

6-64           (c)  A voucher must be submitted in the manner required and

6-65     on the form adopted by the comptroller.  The comptroller may

6-66     require the voucher to be submitted electronically as authorized by

6-67     Chapter 2103.

6-68           (d)  A voucher must describe the official state business

6-69     performed and be accompanied by the information necessary for the

 7-1     comptroller to determine compliance with this chapter, the travel

 7-2     provisions of the General Appropriations Act, and the rules adopted

 7-3     by the comptroller under this chapter.

 7-4           (e)  The comptroller may require a state agency to provide

 7-5     the information required by Subsection (d):

 7-6                 (1)  on the form adopted by the comptroller under

 7-7     Subsection (c);

 7-8                 (2)  by submitting receipts; or

 7-9                 (3)  by a combination of Subdivisions (1) and (2).

7-10           Sec. 660.028.  AUDITS.  (a)  The comptroller shall audit a

7-11     voucher either before or after the comptroller issues a warrant or

7-12     initiates an electronic funds transfer in response to the voucher.

7-13     The audit must be conducted in accordance with Sections

7-14     403.011(12), 403.071, and 403.079.

7-15           (b)  If the comptroller audits a state agency's voucher after

7-16     the comptroller issues a warrant or initiates an electronic funds

7-17     transfer in response to the voucher, the comptroller may require

7-18     the agency to maintain in its files the receipts relating to the

7-19     voucher until the comptroller audits the voucher.

7-20           (c)  If a state agency pays or reimburses a travel expense

7-21     without first submitting a voucher to the comptroller, the

7-22     comptroller may audit the payment or reimbursement for compliance

7-23     with this chapter and the travel provisions of the General

7-24     Appropriations Act.  The comptroller may report the results of the

7-25     audit to the governor, the lieutenant governor, the speaker of the

7-26     house of representatives, the state auditor, and the Legislative

7-27     Budget Board.  The state agency shall cooperate with the

7-28     comptroller and make available the receipts required by the

7-29     comptroller at the time and in the manner required by the

7-30     comptroller.

7-31           (d)  The comptroller may require a state agency to maintain

7-32     in its files the receipts regarding a travel expense payment or

7-33     reimbursement for the period required by the comptroller.

7-34           Sec. 660.029.  KNOWLEDGE OF TRAVEL PROCEDURES.  (a)  A state

7-35     agency shall instruct its state employees about this chapter, the

7-36     travel provisions of the General Appropriations Act, and the rules

7-37     adopted by the comptroller under this chapter.

7-38           (b)  A state agency's failure or inability to instruct a

7-39     state employee as required by Subsection (a) does not excuse or

7-40     justify the employee's failure to comply with applicable laws or

7-41     rules.

7-42           SECTION 9.  Subchapter C, Chapter 660, Government Code, is

7-43     amended to read as follows:

7-44           SUBCHAPTER C.  TRANSPORTATION BY PERSONAL MOTOR VEHICLE

7-45                              [TRAVEL EXPENSES]

7-46           Sec. 660.041.  REIMBURSEMENT REQUIREMENT [TRAVEL EXPENSE

7-47     FORM].  (a)  A state employee is entitled to be reimbursed as

7-48     provided by this subchapter for the employee's use of a personally

7-49     owned or leased motor vehicle.

7-50           (b)  A state employee may not be reimbursed under this

7-51     subchapter for an expense other than mileage, tolls, and parking.

7-52     [The comptroller shall prescribe the form on which a travel expense

7-53     is to be submitted.]

7-54           Sec. 660.042.  AMOUNT OF REIMBURSEMENT [USE OF TRAVEL EXPENSE

7-55     FORM].  A mileage reimbursement may not exceed the product of:

7-56                 (1)  the applicable mileage reimbursement rate as

7-57     established by the legislature in the travel provisions of the

7-58     General Appropriations Act; and

7-59                 (2)  the number of miles traveled as limited by this

7-60     subchapter. [(a)  A state agency shall use the standard travel

7-61     expense form prescribed by the comptroller in preparing an expense

7-62     account for a traveling state employee.]

7-63           [(b)  The travel expense form must state:]

7-64                 [(1)  the point of origin and the point of destination

7-65     for each trip;]

7-66                 [(2)  the reimbursable mileage, including intracity

7-67     mileage, that is traveled or projected between each point;]

7-68                 [(3)  the time that the employee is away or plans to be

7-69     away from designated headquarters for which the employee is or will

 8-1     be entitled to travel expenses; and]

 8-2                 [(4)  briefly and clearly the purpose of the trip and

 8-3     the character of official business performed or to be performed.]

 8-4           Sec. 660.043.  DETERMINATION OF REIMBURSABLE MILEAGE [AMOUNT

 8-5     OF REIMBURSEMENT OR ADVANCE].  (a)  The number of miles traveled

 8-6     that are eligible for reimbursement under this subchapter may not

 8-7     exceed the number of miles of the most cost-effective route between

 8-8     the origin of the state employee's travel and the final duty point

 8-9     of the state employee.  If a state employee conducts official state

8-10     business at duty points between the origin of the state employee's

8-11     travel and the final duty point, the most cost-effective route

8-12     between the origin and the final duty point shall include the

8-13     intermediate duty points.

8-14           (b)  For the purpose of Subsection (a), the shortest route

8-15     between two points is presumed to be the most cost-effective route.

8-16     A longer route may be considered the most cost-effective route only

8-17     if:

8-18                 (1)  the voucher states that the longer route is more

8-19     cost effective;

8-20                 (2)  the voucher provides a reasonable justification

8-21     for that statement; and

8-22                 (3)  the statement and justification are made by the

8-23     chief administrator of the state agency making the reimbursement or

8-24     by the chief administrator's designee.

8-25           (c)  The comptroller shall periodically issue and update a

8-26     mileage guide that includes a chart showing the number of miles for

8-27     the shortest route between points.  The guide also may include a

8-28     chart showing the number of miles for longer routes between points.

8-29     Farm-to-market and ranch-to-market roads shall be considered when

8-30     determining the routings between points in this state.  The guide

8-31     may be electronic or printed, or both.

8-32           (d)  If the number of miles between points is not shown in

8-33     the guide, the mileage incurred while traveling between those

8-34     points is not reimbursable unless:

8-35                 (1)  the voucher itemizes the mileage on a

8-36     point-to-point basis; and

8-37                 (2)  the mileage is reasonable.  [A reimbursement or

8-38     advance from money appropriated by the legislature for travel and

8-39     other necessary expenses incurred by a state officer, chief

8-40     administrator of a state agency, or a state employee in the active

8-41     discharge of the person's duties is in the amount provided by the

8-42     General Appropriations Act as a per diem or actual expenses as

8-43     provided by the General Appropriations Act.]

8-44           Sec. 660.044.  USE OF SINGLE MOTOR VEHICLE BY MULTIPLE

8-45     EMPLOYEES [RATE OF AND METHOD OF COMPUTING PER DIEM AND

8-46     TRANSPORTATION ALLOWANCE]. (a)  If two, three, or four state

8-47     employees who are employed by the same state agency travel on the

8-48     same dates with the same itinerary to conduct the same official

8-49     state business, only one of the employees may be reimbursed for

8-50     mileage.

8-51           (b)  If more than four state employees who are employed by

8-52     the same state agency travel on the same dates with the same

8-53     itinerary to conduct the same official state business, a state

8-54     agency may reimburse for mileage only on the basis of one motor

8-55     vehicle for each four employees and for any fraction in excess of a

8-56     multiple of four employees.

8-57           (c)  Subsections (a) and (b) do not apply to a group of state

8-58     employees if the chief administrative officer of the state agency

8-59     that employs the employees determines before travel that it is not

8-60     feasible for the employees to travel together in the same motor

8-61     vehicle.  This determination may be made only for reasons related

8-62     to official state business.  [The rate of and method of computing a

8-63     per diem or transportation allowance are those provided by the

8-64     General Appropriations Act].

8-65           [Sec. 660.045.  PROHIBITION APPLICABLE TO PER DIEM ALLOWANCE.

8-66     (a)  A state employee may not receive a per diem allowance or a

8-67     partial per diem allowance provided by the General Appropriations

8-68     Act for time during which the employee is:]

8-69                 [(1)  at the employee's official designated

 9-1     headquarters;]

 9-2                 [(2)  absent from the employee's place of employment

 9-3     for a reason not connected with the duties of the employee's

 9-4     agency, including absence for a personal reason; or]

 9-5                 [(3)  away from the employee's designated headquarters

 9-6     for less than six consecutive hours.]

 9-7           [(b)  A state employee who leaves the employee's place of

 9-8     employment for a reason not related to the duties of the employee's

 9-9     agency shall clearly indicate on the required travel expense form

9-10     the absence and the hour and date of departure from and return to

9-11     the employee's place of employment.]

9-12           [Sec. 660.046.  APPROVAL AND PAYMENT OF CLAIM.  (a)  The

9-13     comptroller shall approve a claim for travel expense.]

9-14           [(b)  The comptroller shall issue a warrant for payment of an

9-15     approved claim for travel expense.]

9-16           [Sec. 660.047.  PROHIBITION APPLICABLE TO ACCEPTANCE OF MONEY

9-17     FROM CERTAIN PERSONS.  (a)  A state officer or employee who is

9-18     traveling to perform an official duty may not accept money for

9-19     wages or expenses from a person who is or who may be audited,

9-20     examined, inspected, or investigated by the state.]

9-21           [(b)  A state officer or employee who is traveling to perform

9-22     an official duty may receive travel expenses only from amounts

9-23     appropriated by the General Appropriations Act.]

9-24           [(c)  The comptroller may not pay the salary of a state

9-25     employee who violates this section.]

9-26           [Sec. 660.048.  OVERPAYMENT.  A state officer or employee who

9-27     receives an overpayment for a travel expense from money

9-28     appropriated by the General Appropriations Act shall reimburse the

9-29     state for the overpayment.]

9-30           [Sec. 660.049.  PROHIBITION APPLICABLE TO TRAVEL COMPENSATION

9-31     BY OTHER PERSONS.  (a)  A state officer or employee may not receive

9-32     a double travel expense payment.]

9-33           [(b)  A state employee who is to be compensated for travel

9-34     expenses from a person other than a state agency may not seek an

9-35     advance payment or receive a reimbursement for the travel from

9-36     money authorized by the General Appropriations Act.]

9-37           [Sec. 660.050.  LOCAL TRANSPORTATION ALLOWANCE.  (a)  A state

9-38     employee whose duties customarily require travel within the

9-39     employee's designated headquarters may be paid a local

9-40     transportation allowance for the travel.]

9-41           [(b)  The allowance may not exceed the transportation

9-42     allowance for use of a privately owned automobile under the General

9-43     Appropriations Act.]

9-44           [(c)  Notwithstanding the General Appropriations Act, a state

9-45     employee with a physical disability that precludes the personal

9-46     operation of a privately owned automobile may receive a reasonable

9-47     local transportation allowance not to exceed the amount to which

9-48     the employee would be entitled for similar travel outside the

9-49     employee's designated headquarters.]

9-50           [Sec. 660.051.  COURTESY CARD.  A state officer or employee

9-51     may use a courtesy card for travel by air, rail, or bus.]

9-52           [Sec. 660.052.  DETERMINATION OF MILEAGE FOR TRAVEL BY

9-53     PRIVATELY OWNED CONVEYANCE.  The comptroller shall determine

9-54     mileage for the purpose of a reimbursement or advance payment for

9-55     travel by a privately owned conveyance by:]

9-56                 [(1)  computing the shortest highway distance between

9-57     the point of origin and the destination using intermediate points

9-58     at which official state business is conducted; and]

9-59                 [(2)  adding other necessary mileage at points at which

9-60     official state business is conducted.]

9-61           [Sec. 660.053.  DETERMINATION OF MILEAGE FOR TRAVEL BY

9-62     PERSONAL CAR.  (a)  In determining the amount of a reimbursement or

9-63     advance payment for travel by privately owned car in the state, the

9-64     comptroller shall:]

9-65                 [(1)  compute all distances according to the shortest

9-66     route between points;]

9-67                 [(2)  adopt a mileage guide that is available both

9-68     electronically and in a printed version that includes information

9-69     on distances and provides the shortest route between points in the

 10-1    state, including any farm-to-market road; and]

 10-2                [(3)  update the mileage guide as necessary.]

 10-3          [(b)  The comptroller shall encourage use of the electronic

 10-4    mileage guide.  The comptroller may prescribe the circumstances

 10-5    under which a state agency may rely on the printed mileage guide.]

 10-6          [Sec. 660.054.  MULTIPLE USE OF SINGLE PRIVATELY OWNED

 10-7    CONVEYANCE BY STATE EMPLOYEES.  (a)  If two or more state employees

 10-8    travel in a single privately owned conveyance, only one employee

 10-9    may receive a transportation allowance.]

10-10          [(b)  This section does not prohibit each state employee

10-11    traveling in a privately owned conveyance from receiving a per diem

10-12    allowance.]

10-13          [Sec. 660.055.  MULTIPLE USE OF SINGLE PRIVATELY OWNED CAR.

10-14    (a)  If two, three, or four state officers or employees travel in a

10-15    privately owned car, only one reimbursement or advance payment for

10-16    the car's mileage may be claimed and allowed.]

10-17          [(b)  The comptroller shall consider the travel claims of the

10-18    officers and employees as multiple claims and may pay only one

10-19    claim to the extent of mileage claimed.]

10-20          [(c)  If more than four employees travel in more than one

10-21    car, full mileage is allowed for one car for each four employees

10-22    and for any fraction in excess of a multiple of four employees.]

10-23          [(d)  A state officer or employee must obtain the advance

10-24    approval of the chief administrator of the officer's or employee's

10-25    state agency if it is not feasible for the officer or employee to

10-26    travel in the same car.  Approval under this subsection authorizes

10-27    reimbursement or advance payment for travel by the officer or

10-28    employee using the officer's or employee's privately owned car.]

10-29          [(e)  This section applies only to state officers or

10-30    employees who:]

10-31                [(1)  are employed by the same state agency;]

10-32                [(2)  are required to travel on the same official state

10-33    business;]

10-34                [(3)  have the same itinerary; and]

10-35                [(4)  travel on the same dates.]

10-36          SECTION 10.  Chapter 660, Government Code, is amended by

10-37    adding Subchapters D, E, F, and G to read as follows:

10-38            SUBCHAPTER D.  TRANSPORTATION BY PERSONAL AIRCRAFT

10-39          Sec. 660.071.  REIMBURSEMENT REQUIREMENT.  A state employee,

10-40    a key official, or a member of a board is entitled to be reimbursed

10-41    as provided by this subchapter for use of an aircraft owned or

10-42    leased by the employee, official, or member.

10-43          Sec. 660.072.  AMOUNT OF REIMBURSEMENT.  A reimbursement

10-44    under this subchapter may not exceed the product of:

10-45                (1)  the aircraft mileage reimbursement rate

10-46    established in the travel provisions of the General Appropriations

10-47    Act; and

10-48                (2)  the highway mileage between the designated

10-49    headquarters and duty point of the state employee, key official, or

10-50    member of a board.

10-51          Sec. 660.073.  AIRCRAFT MILEAGE REIMBURSEMENT RATE.  The

10-52    travel provisions of the General Appropriations Act may establish

10-53    different aircraft mileage rates:

10-54                (1)  for travel in:

10-55                      (A)  a single-engine aircraft;

10-56                      (B)  a twin-engine aircraft; and

10-57                      (C)  a turbine-powered aircraft; and

10-58                (2)  for travel by:

10-59                      (A)  a state employee;

10-60                      (B)  a key official;

10-61                      (C)  a member of a board; and

10-62                      (D)  a member of the legislature.

10-63          Sec. 660.074.  GROUP TRAVEL.  (a)  This section applies only

10-64    if a key official or member of a board travels with another

10-65    official or member in an aircraft owned or leased by the other

10-66    official or member.

10-67          (b)  In addition to the amount entitled to be reimbursed

10-68    under Section 660.071, the key official or member of a board who

10-69    owns or leases the aircraft is entitled to an amount equal to the

 11-1    amount that would have been paid or reimbursed to each passenger

 11-2    had the passenger incurred the average economy or coach airfare

 11-3    instead of traveling on the aircraft.  The total reimbursement to

 11-4    the official or member may not exceed the total cost of the trip.

 11-5          (c)  The lessee of the aircraft may require the reimbursement

 11-6    to be paid to the vendor providing the leased aircraft instead of

 11-7    the lessee.

 11-8          Sec. 660.075.  AIRCRAFT LEASED FROM CERTAIN PERSONS.  A key

 11-9    official or a member of a board is entitled to reimbursement under

11-10    this subchapter for use of an aircraft leased from a

11-11    proprietorship, partnership, or corporation in which the official

11-12    or member has an interest.

11-13             (Sections 660.076-660.090 reserved for expansion

11-14       SUBCHAPTER E.  TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE

11-15          Sec. 660.091.  GENERAL PROVISION.  A state agency shall pay

11-16    as provided by this subchapter the expense of transporting a state

11-17    employee by rented or public conveyance in the course of conducting

11-18    state business.

11-19          Sec. 660.092.  PAYMENT AND REIMBURSEMENT METHODS.  (a)  A

11-20    state agency may pay an expense under this subchapter by:

11-21                (1)  reimbursing the employee as provided by Subsection

11-22    (b);

11-23                (2)  directly paying the expense as provided by

11-24    Subsection (c); or

11-25                (3)  directly paying the expense in advance of travel

11-26    as provided by Subsection (d).

11-27          (b)  If a state agency reimburses a state employee, the

11-28    agency shall submit receipts to the comptroller on request in the

11-29    manner required by the comptroller.  A state agency is not required

11-30    to submit receipts for mass transit, taxi, or limousine fares.

11-31          (c)  A state agency may request a commercial transportation

11-32    company to furnish transportation to the agency's state employees

11-33    and to bill the agency monthly for that transportation.  The state

11-34    agency shall require the company to submit an invoice to the agency

11-35    listing the points of origin and destination for each trip and the

11-36    taxes charged.  The agency shall submit those invoices to the

11-37    comptroller on request and in the manner required by the

11-38    comptroller.

11-39          (d)  A state agency may directly pay a commercial

11-40    transportation company before the travel of a state employee if the

11-41    payment would result in a lower transportation expense.  The

11-42    comptroller may adopt rules that authorize advance payments in

11-43    other circumstances.

11-44          (e)  If a reimbursement to a state employee for a

11-45    transportation expense would not be authorized, a direct payment to

11-46    a commercial transportation company for the same expense is

11-47    prohibited.

11-48          (f)  A state agency may not pay or reimburse the expense of

11-49    transporting a state employee by rented or public conveyance if the

11-50    transportation is provided by a person who is not a commercial

11-51    transportation company.

11-52          Sec. 660.093.  COMMERCIAL AIR TRANSPORTATION.  The amount

11-53    that a state agency pays or reimburses for a state employee to

11-54    travel between points by commercial airline may not exceed the

11-55    lowest rate available.  First class airfare may be paid or

11-56    reimbursed only if it is the only available airfare.  Business

11-57    class airfare may be paid or reimbursed only if a lower airfare is

11-58    not available.

11-59             (Sections 660.094-660.110 reserved for expansion

11-60           SUBCHAPTER F.  MEAL, LODGING, AND INCIDENTAL EXPENSES

11-61          Sec. 660.111.  REIMBURSEMENT REQUIREMENT. A state employee is

11-62    entitled to be reimbursed as provided by this subchapter for a

11-63    meal, lodging, or incidental expense incurred by the employee.

11-64          Sec. 660.112.  AMOUNT OF REIMBURSEMENT.  A reimbursement

11-65    under this subchapter may not exceed:

11-66                (1)  the limits established by the travel provisions of

11-67    the General Appropriations Act for meal and lodging expenses; and

11-68                (2)  the amount of incidental expenses actually

11-69    incurred by the state employee.

 12-1          Sec. 660.113.  RESTRICTED REIMBURSEMENTS.  (a)  A state

 12-2    agency may not reimburse a state employee for a lodging expense

 12-3    incurred at a place that is not a commercial lodging establishment.

 12-4          (b)  A state agency may not reimburse a state employee for a

 12-5    meal or lodging expense the employee incurs while traveling outside

 12-6    the employee's designated headquarters for less than six

 12-7    consecutive hours unless the employee is a chief administrator of a

 12-8    state agency or the travel provisions of the General Appropriations

 12-9    Act authorize the reimbursement.

12-10          (c)  A state agency may not reimburse a state employee for a

12-11    meal expense incurred within the employee's designated headquarters

12-12    unless the expense is:

12-13                (1)  mandatory; and

12-14                (2)  connected with training, a seminar, or a

12-15    conference.

12-16          (d)  A state agency may reimburse a state employee for a meal

12-17    expense incurred while traveling without an overnight stay away

12-18    from the employee's designated headquarters only if the chief

12-19    administrator of the agency authorizes the reimbursement.

12-20          (e)  A state agency may not reimburse a state employee for

12-21    the purchase of an alcoholic beverage, unless the employee is a

12-22    peace officer who purchased the beverage as a purchase of evidence

12-23    in an administrative or criminal case.

12-24          Sec. 660.114.  DIRECT PAYMENTS TO COMMERCIAL LODGING

12-25    ESTABLISHMENTS.  (a)  A state agency may request that a commercial

12-26    lodging establishment bill the agency directly for a lodging

12-27    expense.  A state agency shall submit receipts regarding the

12-28    expense to the comptroller on request in the manner required by the

12-29    comptroller.

12-30          (b)  If a direct payment to a commercial lodging

12-31    establishment is authorized under this section, any meal expenses

12-32    incurred at the establishment may be paid directly to the

12-33    establishment.  A state agency shall submit receipts about the

12-34    expenses to the comptroller on request in the manner required by

12-35    the comptroller.

12-36          (c)  If a reimbursement to a state employee for a lodging or

12-37    meal expense would not be authorized, a direct payment to a

12-38    commercial lodging establishment for the expense is prohibited.

12-39          Sec. 660.115.  RECEIPTS.  (a)  Except as provided by

12-40    Subsections (b) and (c), a state employee who requests

12-41    reimbursement for a lodging expense must submit a lodging receipt

12-42    to the comptroller at the time and in the manner required by the

12-43    comptroller.

12-44          (b)  A chief administrator of a state agency who is not a

12-45    member of a board is not required to submit a lodging receipt to

12-46    the comptroller.

12-47          (c)  A member of a board is not required to submit a lodging

12-48    receipt to the comptroller if:

12-49                (1)  the membership of the board is elected by vote of

12-50    the people; or

12-51                (2)  the member serves on the board full-time and is

12-52    paid a salary for that service.

12-53          Sec. 660.116.  HOTEL OCCUPANCY AND SIMILAR TAXES.  (a)  A

12-54    state employee is entitled to be reimbursed for a state, county, or

12-55    local hotel occupancy tax or any similar tax imposed by a law of

12-56    this state, another state, or a foreign nation.

12-57          (b)  A state employee is entitled to be reimbursed for a

12-58    hotel occupancy or similar tax from which the employee is legally

12-59    exempt only if the employee properly claims the exemption and the

12-60    commercial lodging establishment refuses to honor the exemption.

12-61          (c)  If a state agency directly pays a commercial lodging

12-62    establishment under Section 660.114, the agency may directly pay a

12-63    hotel occupancy or similar tax to the establishment.

12-64          Sec. 660.117.  APARTMENT OR HOUSE RENTAL EXPENSES.  An

12-65    apartment or house rental expense may be reimbursed or paid only

12-66    if:

12-67                (1)  the purpose of the rental is the conservation of

12-68    funds; and

12-69                (2)  the reimbursement or payment and the rental comply

 13-1    with the rules adopted by the comptroller under this chapter.

 13-2          Sec. 660.118.  INCIDENTAL EXPENSES.  A state agency may

 13-3    reimburse a state employee for an incidental expense incurred by

 13-4    the employee only in accordance with rules adopted by the

 13-5    comptroller under this chapter.

 13-6             (Sections 660.119-660.140 reserved for expansion

 13-7             SUBCHAPTER G.  SPECIAL TRAVEL EXPENSE PROVISIONS

 13-8          Sec. 660.141.  TRAVEL BY CERTAIN INDIVIDUALS. (a)  An

 13-9    individual is entitled to reimbursement for the actual expense of

13-10    meals and lodging incurred while performing the duties of the

13-11    individual's office or employment if the individual is:

13-12                (1)  a judicial officer;

13-13                (2)  a chief administrative officer of a state agency,

13-14    subject to Subsection (c);

13-15                (3)  the executive director of the Texas Legislative

13-16    Council; or

13-17                (4)  the secretary of the senate.

13-18          (b)  The governor's spouse is entitled to reimbursement for

13-19    actual travel expenses incurred while performing duties at the

13-20    direction of the governor.

13-21          (c)  A member of a board whose membership is not elected by

13-22    vote of the people is not a chief administrative officer for the

13-23    purposes of this section.

13-24          Sec. 660.142.  BOARD MEMBERS.  This chapter applies to a

13-25    payment or reimbursement of a travel expense incurred by a member

13-26    of a board only if Subchapter C, Chapter 659, or other applicable

13-27    law authorizes the payment or reimbursement.

13-28          Sec. 660.143.  TRAVEL BY PERSONS WITH DISABILITIES.

13-29    (a)  Notwithstanding any other provision of this chapter, a state

13-30    agency may reimburse a state employee with a disability for

13-31    attendant care and other necessary expenses incurred when the

13-32    employee travels inside or outside the employee's designated

13-33    headquarters. An expense incurred when traveling between a

13-34    residence and a place of employment may be reimbursed only as

13-35    provided by law for state employees without disabilities.

13-36          (b)  If the airfare is medically necessary, a state agency

13-37    may reimburse a state employee with a disability for the first or

13-38    business class airfare of:

13-39                (1)  the employee; and

13-40                (2)  the attendant of the employee.

13-41          (c)  Instead of reimbursing a state employee for attendant

13-42    care and other necessary expenses, a state agency may:

13-43                (1)  reimburse the attendant for those expenses; or

13-44                (2)  pay a commercial transportation company or

13-45    commercial lodging establishment directly if the expenses are for

13-46    transportation or lodging.

13-47          (d)  If this chapter, the travel provisions of the General

13-48    Appropriations Act, or a rule adopted by the comptroller under this

13-49    chapter conflicts with a requirement of the Americans with

13-50    Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a

13-51    federal regulation adopted under that Act, or another applicable

13-52    federal law or regulation, the federal law or regulation controls

13-53    to the extent of the conflict.

13-54          Sec. 660.144.  DEATH OF STATE EMPLOYEES.  (a)  A state agency

13-55    may pay or reimburse the expense of preparing and transporting the

13-56    remains and personal property of a state employee who dies while

13-57    conducting official state business outside the employee's

13-58    designated headquarters.

13-59          (b)  The agency may pay or reimburse the expense of

13-60    transporting the remains and personal property either to the

13-61    employee's designated headquarters or to another location

13-62    designated by the executor or administrator of the employee's

13-63    estate.  If the remains and personal property are transported to a

13-64    location other than the employee's designated headquarters, the

13-65    amount of the agency's payment or reimbursement may not exceed the

13-66    amount that would have been paid had the remains and personal

13-67    property been transported to the designated headquarters.

13-68          Sec. 660.145.  TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES

13-69    AND THEIR FAMILIES.  (a)  A state agency may pay or reimburse a

 14-1    travel expense incurred by a state employee who serves in a law

 14-2    enforcement, investigative, or similar capacity if the employee is

 14-3    threatened as a result of the employee's official duties.

 14-4          (b)  A state agency may pay or reimburse a travel expense

 14-5    incurred by the family of a state employee who serves in a law

 14-6    enforcement, investigative, or similar capacity if the family is

 14-7    threatened as a result of the employee's official duties.

 14-8          (c)  A travel expense is payable or reimbursable under this

 14-9    section even if it is incurred within a state employee's designated

14-10    headquarters.

14-11          Sec. 660.146.  CONFLICTS WITH OTHER SUBCHAPTERS.  In the

14-12    event of a conflict between this subchapter and another provision

14-13    of this chapter, this subchapter controls.

14-14          SECTION 11.  Section 659.031, Government Code, is amended to

14-15    read as follows:

14-16          Sec. 659.031.  DEFINITION.  In this subchapter, "state board"

14-17    means a board, commission, committee, council, or similar agency in

14-18    the executive or judicial branch of state government that is

14-19    composed of two or more members.  The term does not include a

14-20    board, commission, committee, council, or similar agency whose

14-21    membership is elected by vote of the people.

14-22          SECTION 12.  Sections 660.005, 660.022, 660.023, and 660.026,

14-23    Government Code, are repealed.

14-24          SECTION 13.  (a)  In this section, "travel expense" has the

14-25    meaning assigned by Section 660.002, Government Code, as amended by

14-26    this Act.

14-27          (b)  Except as provided by Subsection (c) of this section,

14-28    the changes in law made by this Act apply only to a travel expense

14-29    incurred on or after the effective date of this Act.  A travel

14-30    expense incurred before the effective date of this Act is governed

14-31    by the law applicable to the expense at the time the expense was

14-32    incurred, and that law is continued in effect for that purpose.           

14-33          (c)  The changes in law made by this Act in regard to the

14-34    procedures that must be followed for payment or reimbursement of a

14-35    travel expense also apply to payment or reimbursement made on or

14-36    after the effective date of this Act of an expense incurred before

14-37    the effective date.

14-38          SECTION 14.  This Act takes effect September 1, 1997.

14-39          SECTION 15.  The importance of this legislation and the

14-40    crowded condition of the calendars in both houses create an

14-41    emergency and an imperative public necessity that the

14-42    constitutional rule requiring bills to be read on three several

14-43    days in each house be suspended, and this rule is hereby suspended.

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