By: Armbrister S.B. No. 645
A BILL TO BE ENTITLED
AN ACT
1-1 relating to state fiscal matters, including holidays, employee
1-2 compensation and deductions, reports, consultants, and the
1-3 comptroller's powers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (c), Section 659.083, Government Code,
1-6 is amended to read as follows:
1-7 (c) In this section, "working day" means a day other than
1-8 Saturday, Sunday, or a national holiday[, or a state holiday] as
1-9 listed in the General Appropriations Act or Chapter 662. A day
1-10 does not cease to be a national holiday because a state agency
1-11 maintains or is required to maintain a minimum working staff on the
1-12 holiday.
1-13 SECTION 2. Subsection (b), Section 465.008, Government Code,
1-14 is amended to read as follows:
1-15 (b) The commission may enter into a contract with another
1-16 state agency, a political subdivision of the state, including a
1-17 special utility district as defined by Section 65.001, Water Code,
1-18 the United States, or a private agency, college, university,
1-19 corporation, partnership, association, or other person for an
1-20 appropriate purpose in connection with the performance of its
1-21 duties, including a contract, study, investigation, or proposal
1-22 necessary to conduct its duties. Subchapter B, Chapter 2254, does
1-23 not apply to use by the commission of a [private] consultant to
2-1 provide services in connection with formulation or submission of
2-2 two or more siting proposals under this chapter, except that in
2-3 selecting the consultant the commission shall give the preference
2-4 required by Section 2254.027(2) [3(b)(2) of that chapter].
2-5 SECTION 3. Section 2254.021, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 2254.021. DEFINITIONS. In this subchapter:
2-8 (1) "Consulting service" means the service of studying
2-9 or advising a state agency under a contract that does not involve
2-10 the traditional relationship of employer and employee.
2-11 (2) "Major consulting services contract" means a
2-12 consulting services contract for which it is reasonably foreseeable
2-13 that the value of the contract will exceed $10,000.
2-14 (3) "Consultant" ["Private consultant"] means a person
2-15 that provides or proposes to provide a consulting service. The
2-16 term includes a political subdivision but does not include the
2-17 federal government, a state agency, or a state governmental entity.
2-18 (4) "Political subdivision" means:
2-19 (A) a county;
2-20 (B) an incorporated or unincorporated
2-21 municipality;
2-22 (C) a public junior college;
2-23 (D) a public school district or other
2-24 educational or rehabilitative district;
2-25 (E) a metropolitan or regional transit
3-1 authority;
3-2 (F) an airport authority;
3-3 (G) a river authority or compact;
3-4 (H) a regional planning commission, a council of
3-5 governments, or a similar regional planning agency created under
3-6 Chapter 391, Local Government Code;
3-7 (I) the Edwards Aquifer Authority or a district
3-8 governed by Title 4, Water Code;
3-9 (J) a soil and water conservation district;
3-10 (K) a county or municipal improvement district;
3-11 (L) a county road or road utility district;
3-12 (M) a county housing authority;
3-13 (N) an emergency services or communications
3-14 district;
3-15 (O) a fire prevention district;
3-16 (P) a public health or hospital authority or
3-17 district;
3-18 (Q) a mosquito control district;
3-19 (R) a special waste district;
3-20 (S) a rural rail transportation district; or
3-21 (T) any other local government or special
3-22 district of this state.
3-23 (5) "State agency" has the meaning assigned by Section
3-24 2151.002 [1.02, State Purchasing and General Services Act (Article
3-25 601b, Vernon's Texas Civil Statutes)].
4-1 (6) "State governmental entity" means a state
4-2 department, commission, board, office, institution, facility, or
4-3 other agency the jurisdiction of which is not limited to a
4-4 geographical portion of the state. The term includes a university
4-5 system and an institution of higher education, other than a public
4-6 junior college, as defined by Section 61.003, Education Code. The
4-7 term does not include a political subdivision.
4-8 SECTION 4. Section 2254.022, Government Code, is amended to
4-9 read as follows:
4-10 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
4-11 subchapter shall be interpreted to ensure:
4-12 (1) the greatest and fairest competition in the
4-13 selection by state agencies of [private] consultants; and
4-14 (2) the giving of notice to all potential [private]
4-15 consultants of the need for and opportunity to provide consulting
4-16 services.
4-17 (b) This subchapter does not:
4-18 (1) discourage state agencies from using [private]
4-19 consultants if the agencies reasonably foresee that the use of
4-20 [private] consultants will produce a more efficient and less costly
4-21 operation or project;
4-22 (2) prohibit the making of a sole-source contract for
4-23 consulting services if a proposal is not received from a competent,
4-24 knowledgeable, and qualified [private] consultant at a reasonable
4-25 fee, after compliance with this subchapter; or
5-1 (3) require or prohibit the use of competitive bidding
5-2 procedures to purchase consulting services.
5-3 SECTION 5. Subsections (a), (b), and (e), Section 2254.025,
5-4 Government Code, are amended to read as follows:
5-5 (a) The governor, after receipt of a request complying with
5-6 this section, may grant a limited waiver of the provisions of this
5-7 subchapter for a state agency that requires [private] consulting
5-8 services before compliance with this subchapter can be completed
5-9 because of an unforeseen emergency.
5-10 (b) A state agency's request for a waiver must include
5-11 information required by the governor, including:
5-12 (1) information about the nature of the emergency;
5-13 (2) the reason that the state agency did not foresee
5-14 the emergency;
5-15 (3) the name of the [private] consultant with whom the
5-16 agency intends to contract; and
5-17 (4) the amount of the intended contract.
5-18 (e) In this section, "unforeseen emergency" means a
5-19 situation that suddenly and unexpectedly causes a state agency to
5-20 need the services of a [private] consultant. The term includes the
5-21 issuance of a court order, an actual or imminent natural disaster,
5-22 and new state or federal legislation. An emergency is not
5-23 unforeseen if a state agency was negligent in foreseeing the
5-24 occurrence of the emergency.
5-25 SECTION 6. Section 2254.026, Government Code, is amended to
6-1 read as follows:
6-2 Sec. 2254.026. CONTRACT WITH [PRIVATE] CONSULTANT. A state
6-3 agency may contract with a [private] consultant only if:
6-4 (1) there is a substantial need for the consulting
6-5 services; and
6-6 (2) the agency cannot adequately perform the services
6-7 with its own personnel or obtain the consulting services through a
6-8 contract with a [another] state governmental entity [agency].
6-9 SECTION 7. Section 2254.027, Government Code, is amended to
6-10 read as follows:
6-11 Sec. 2254.027. SELECTION OF [PRIVATE] CONSULTANT. In
6-12 selecting a [private] consultant, a state agency shall:
6-13 (1) base its choice on demonstrated competence,
6-14 knowledge, and qualifications and on the reasonableness of the
6-15 proposed fee for the services; and
6-16 (2) if other considerations are equal, give preference
6-17 to a [private] consultant whose principal place of business is in
6-18 the state or who will manage the consulting contract wholly from an
6-19 office in the state.
6-20 SECTION 8. Subsection (a), Section 2254.028, Government
6-21 Code, is amended to read as follows:
6-22 (a) Before entering into a major consulting services
6-23 contract, a state agency shall:
6-24 (1) notify the Legislative Budget Board and the
6-25 governor's Budget and Planning Office that the agency intends to
7-1 contract with a [private] consultant;
7-2 (2) give information to the Legislative Budget Board
7-3 and the governor's Budget and Planning Office to demonstrate that
7-4 the agency has complied or will comply with Sections 2254.026 and
7-5 2254.027; and
7-6 (3) obtain a finding of fact from the governor's
7-7 Budget and Planning Office that the consulting services are
7-8 necessary.
7-9 SECTION 9. Section 2254.029, Government Code, is amended to
7-10 read as follows:
7-11 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
7-12 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
7-13 30th day before the date it enters into a major consulting services
7-14 contract, a state agency shall file with the secretary of state for
7-15 publication in the Texas Register:
7-16 (1) an invitation for [private] consultants to provide
7-17 offers of consulting services;
7-18 (2) the name of the individual who should be contacted
7-19 by a [private] consultant that intends to make an offer;
7-20 (3) the closing date for the receipt of offers; and
7-21 (4) the procedure by which the state agency will award
7-22 the contract.
7-23 (b) If the consulting services sought by a state agency
7-24 relate to services previously provided by a [private] consultant,
7-25 the agency shall disclose that fact in the invitation required by
8-1 Subsection (a). If the state agency intends to award the contract
8-2 for the consulting services to a [private] consultant that
8-3 previously provided the services, unless a better offer is
8-4 received, the agency shall disclose its intention in the invitation
8-5 required by Subsection (a).
8-6 SECTION 10. Section 2254.030, Government Code, is amended to
8-7 read as follows:
8-8 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
8-9 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
8-10 day after the date of entering into a major consulting services
8-11 contract, the state agency shall file with the secretary of state
8-12 for publication in the Texas Register:
8-13 (1) a description of the activities that the [private]
8-14 consultant will conduct;
8-15 (2) the name and business address of the [private]
8-16 consultant;
8-17 (3) the total value and the beginning and ending dates
8-18 of the contract; and
8-19 (4) the dates on which documents, films, recordings,
8-20 or reports that the [private] consultant is required to present to
8-21 the agency are due.
8-22 SECTION 11. Subsections (a) and (b), Section 2254.036,
8-23 Government Code, are amended to read as follows:
8-24 (a) On request, a state agency shall, after the agency's
8-25 contract with a [private] consultant has ended, supply the
9-1 Legislative Budget Board and the governor's Budget and Planning
9-2 Office with copies of all documents, films, recordings, or reports
9-3 compiled by the consultant under the contract.
9-4 (b) Copies of all documents, films, recordings, or reports
9-5 compiled by the [private] consultant shall be filed with the Texas
9-6 State Library and shall be retained by the library for at least
9-7 five years.
9-8 SECTION 12. Section 2254.037, Government Code, is amended to
9-9 read as follows:
9-10 Sec. 2254.037. REPORTS. As part of the biennial budgetary
9-11 hearing process conducted by the Legislative Budget Board and the
9-12 governor's Budget and Planning Office, a state agency shall report
9-13 to the Legislative Budget Board and the governor's Budget and
9-14 Planning Office on any actions taken in response to the
9-15 recommendations of any [private] consultant with whom the state
9-16 agency contracts during the previous biennium.
9-17 SECTION 13. Subchapter B, Chapter 403, Government Code, is
9-18 amended by adding Section 403.026 to read as follows:
9-19 Sec. 403.026. RULES. (a) The comptroller may adopt rules
9-20 to interpret, implement, and administer a state statute if:
9-21 (1) the statute specifically authorizes or requires
9-22 the comptroller to interpret, implement, or administer the statute;
9-23 or
9-24 (2) the comptroller determines that the rules are
9-25 necessary for fulfillment of the comptroller's constitutional or
10-1 statutory duties.
10-2 (b) Subsection (a) does not apply to a state statute if the
10-3 statute specifically authorizes the comptroller or a state agency
10-4 to adopt rules to interpret, implement, and administer the statute.
10-5 SECTION 14. Subsection (h), Section 403.071, Government
10-6 Code, is amended to read as follows:
10-7 (h) This subsection applies if the comptroller and a state
10-8 agency have contracted in accordance with Subsection (g). The
10-9 comptroller shall audit claims after payment in the same way that
10-10 the comptroller audits claims before payment under Subsection (a).
10-11 The comptroller may establish requirements and adopt rules
10-12 concerning the time that a state agency must retain documentation
10-13 in its files to enable a postpayment audit. If a postpayment audit
10-14 by the comptroller shows that a claim presented by a state agency
10-15 was invalid, the comptroller may:
10-16 (1) implement procedures to ensure that similar
10-17 invalid claims from the state agency are not paid in the future;
10-18 (2) report to the governor, the lieutenant governor,
10-19 the speaker of the house of representatives, the state auditor, and
10-20 the Legislative Budget Board the results of the audit;
10-21 (3) require the state agency to obtain a refund of the
10-22 monies from the payee;
10-23 (4) cancel the contract with the state agency; and
10-24 (5) reduce the state agency's remaining appropriations
10-25 by the amount of the claim.
11-1 SECTION 15. Section 659.062, Government Code, is amended by
11-2 adding Subsection (e) to read as follows:
11-3 (e) The comptroller may establish procedures and adopt rules
11-4 to administer this section.
11-5 SECTION 16. Subchapter G, Chapter 659, Government Code, is
11-6 amended by adding Section 659.110 to read as follows:
11-7 Sec. 659.110. RULES. The comptroller may establish
11-8 procedures and adopt rules to administer the credit union deduction
11-9 program authorized by this subchapter.
11-10 SECTION 17. Subchapter B, Chapter 661, Government Code, is
11-11 amended by adding Section 661.038 to read as follows:
11-12 Sec. 661.038. RULES. The comptroller may establish
11-13 procedures and adopt rules to administer this subchapter.
11-14 SECTION 18. Subchapter C, Chapter 661, Government Code, is
11-15 amended by adding Section 661.068 to read as follows:
11-16 Sec. 661.068. RULES. The comptroller may establish
11-17 procedures and adopt rules to administer this subchapter.
11-18 SECTION 19. Subchapter D, Chapter 661, Government Code, is
11-19 amended by adding Section 661.094 to read as follows:
11-20 Sec. 661.094. RULES. The comptroller may establish
11-21 procedures and adopt rules to administer this subchapter.
11-22 SECTION 20. Subchapter A, Chapter 662, Government Code, is
11-23 amended by adding Section 662.012 to read as follows:
11-24 Sec. 662.012. RULES. The comptroller may establish
11-25 procedures and adopt rules to administer Sections 662.001-662.010.
12-1 SECTION 21. Subsection (e), Section 57.48, Education Code,
12-2 is amended to read as follows:
12-3 (e) This section does not prohibit the comptroller from
12-4 issuing a warrant to pay the compensation of:
12-5 (1) a state officer or employee; or
12-6 (2) an individual whose compensation is being paid by
12-7 a private person through a state agency.
12-8 SECTION 22. Subdivision (4), Subsection (f), Section 57.48,
12-9 Education Code, is amended to read as follows:
12-10 (4) This subsection does not prohibit a state agency
12-11 from paying the compensation of:
12-12 (A) a state officer or employee; or
12-13 (B) an individual whose compensation is being
12-14 paid by a private person through the agency.
12-15 SECTION 23. Subsection (c), Section 403.055, Government
12-16 Code, is amended to read as follows:
12-17 (c) This section does not prohibit the comptroller from
12-18 issuing a warrant to pay the compensation of:
12-19 (1) a state officer or employee; or
12-20 (2) an individual whose compensation is being paid by
12-21 a private person through a state agency.
12-22 SECTION 24. Subdivision (4), Subsection (e), Section
12-23 403.055, Government Code, is amended to read as follows:
12-24 (4) This subsection does not prohibit a state agency
12-25 from paying the compensation of:
13-1 (A) a state officer or employee; or
13-2 (B) an individual whose compensation is being
13-3 paid by a private person through the agency.
13-4 SECTION 25. Subsection (c), Section 481.0841, Government
13-5 Code, is amended to read as follows:
13-6 (c) This section does not prohibit the comptroller from
13-7 issuing a warrant or initiating an electronic funds transfer to pay
13-8 the compensation of:
13-9 (1) a state officer or employee; or
13-10 (2) an individual whose compensation is being paid by
13-11 a private person through a state agency.
13-12 SECTION 26. Subdivisions (2) and (4), Subsection (d),
13-13 Section 481.0841, Government Code, are amended to read as follows:
13-14 (2) A state agency may not use funds inside or outside
13-15 the state treasury to pay a user if the [agency knows that the]
13-16 user is in default on a loan guaranteed under this subchapter and
13-17 with respect to which the department has been required to honor a
13-18 guarantee.
13-19 (4) This subsection does not prohibit a state agency
13-20 from paying the compensation of:
13-21 (A) a state officer or employee; or
13-22 (B) an individual whose compensation is being
13-23 paid by a private person through the agency.
13-24 SECTION 27. Section 662.001, Government Code, is amended by
13-25 amending Subdivisions (1) and (3) and adding Subdivision (4) to
14-1 read as follows:
14-2 (1) "Part-time state employee" means a state employee
14-3 who normally works fewer [less] than 40 hours each week.
14-4 (3) "State employee" means an employee of a state
14-5 agency or an appointed officer of a state agency whose office is
14-6 not created by the state constitution. The term includes a
14-7 part-time, hourly, or temporary state employee.
14-8 (4) "Workday" means a day on which a state employee is
14-9 normally scheduled to work. The term does not include a national
14-10 or state holiday.
14-11 SECTION 28. Section 662.005, Government Code, is amended to
14-12 read as follows:
14-13 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
14-14 individual who is a [A] state employee on the last workday before
14-15 or the first workday after a national or state holiday, or on both
14-16 workdays, is entitled, except as provided by Section 662.010, to a
14-17 paid day off from working for a state agency [work] on the [each
14-18 national or state] holiday if:
14-19 (1) the holiday [that] does not fall on a Saturday or
14-20 Sunday; and
14-21 (2) the General Appropriations Act does not prohibit
14-22 state agencies from observing the holiday.
14-23 (b) In this [This] section, "state employee":
14-24 (1) includes an individual who uses paid leave from a
14-25 state agency; and
15-1 (2) does not include an individual who uses unpaid
15-2 leave from a state agency [does not apply to a holiday that the
15-3 General Appropriations Act prohibits state agencies from
15-4 observing].
15-5 SECTION 29. Subsections (a) and (b), Section 662.006,
15-6 Government Code, are amended to read as follows:
15-7 (a) An individual who is a [A] state employee on the last
15-8 workday before or the first workday after an optional holiday, or
15-9 on both workdays, is entitled, except as provided by Section
15-10 662.010, to a paid day off from working for a state agency on the
15-11 [each day of an optional] holiday if:
15-12 (1) the holiday [that] does not fall on a Saturday or
15-13 Sunday;
15-14 (2) [if] the employee agrees to give up, during the
15-15 same fiscal year, a state holiday that:
15-16 (A) does not fall on a Saturday or Sunday; and
15-17 (B) the General Appropriations Act does not
15-18 prohibit state agencies from observing; and
15-19 (3) the General Appropriations Act does not prohibit
15-20 state agencies from observing the optional holiday.
15-21 (b) A state employee is entitled to a paid day off from
15-22 working for a state agency on each day of an optional holiday that
15-23 extends for more than one day if the employee:
15-24 (1) qualifies for the paid day off under Subsection
15-25 (a); and
16-1 (2) agrees to give up during the same fiscal year an
16-2 equivalent number of state holidays that:
16-3 (A) do not fall on a Saturday or Sunday; and
16-4 (B) the General Appropriations Act does not
16-5 prohibit state agencies from observing.
16-6 SECTION 30. Subsection (a), Section 662.007, Government
16-7 Code, is amended to read as follows:
16-8 (a) A state employee who is required to work on a national
16-9 or state holiday [that does not fall on a Saturday or Sunday] is
16-10 entitled to compensatory time off during the 12 months after the
16-11 holiday if the state employee is entitled to a paid day off from
16-12 working for a state agency on the holiday under Section 662.005.
16-13 SECTION 31. Section 662.010, Government Code, is amended to
16-14 read as follows:
16-15 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
16-16 (a) An individual who is not a [A] state employee [who begins
16-17 working for a state agency] on the last workday before a state or
16-18 national holiday but who is a state employee on the first workday
16-19 after the holiday may not [of a month is entitled to] be paid for
16-20 the [a state or national] holiday [that occurs before the first
16-21 workday] if it [the holiday:]
16-22 [(1)] occurs during the same month as the last workday
16-23 before the holiday[; and]
16-24 [(2) does not fall on a Saturday or Sunday].
16-25 (b) An individual who is a [A] state employee [who stops
17-1 working for a state agency] on the last workday before a state or
17-2 national holiday but who is not a state employee on the first
17-3 workday after the holiday may not [of a month is entitled to] be
17-4 paid for the [a state or national] holiday [that occurs after the
17-5 last workday] if it [the holiday:]
17-6 [(1)] occurs before the first workday of a month and
17-7 during that [the] month[; and]
17-8 [(2) does not fall on a Saturday or Sunday].
17-9 (c) In this section, "state employee":
17-10 (1) includes an individual who uses paid leave from a
17-11 state agency; and
17-12 (2) does not include an individual who uses unpaid
17-13 leave from a state agency ["workday" means a day on which a state
17-14 employee is normally scheduled to work].
17-15 SECTION 32. Subsections (f), (h), and (i), Section 403.0165,
17-16 Government Code, are amended to read as follows:
17-17 (f) An organization not previously certified may submit an
17-18 application for certification as an eligible state employee
17-19 organization to the comptroller at any time except during the
17-20 period after June 2 and before September 1 [within 90 days prior to
17-21 the beginning of the fiscal year].
17-22 (h) The comptroller may [shall] charge an administrative fee
17-23 to cover the costs incurred as a result of administering this
17-24 section. The administrative [Administrative] fees charged by the
17-25 comptroller shall be paid by each qualifying state employee
18-1 organization on a pro rata basis to be determined by the
18-2 comptroller. The comptroller by rule shall determine the most
18-3 efficient and effective method of collecting the [such
18-4 administrative] fees. [The comptroller shall adopt rules for the
18-5 administration of this section.]
18-6 (i) The comptroller may adopt rules for the administration
18-7 of this section [shall allocate the administrative fees on a
18-8 proportional basis to each employing state agency that incurs costs
18-9 in administering this subsection].
18-10 SECTION 33. Section 659.041, Government Code, is amended to
18-11 read as follows:
18-12 Sec. 659.041. DEFINITIONS. In this subchapter:
18-13 (1) "Appointment" means a job title.
18-14 (2) "Full-time state employee" means:
18-15 (A) a state employee who works in the executive
18-16 or judicial branch of state government, other than a state
18-17 institution of higher education, and who is normally scheduled to
18-18 work a total of at least 40 hours a week for a single state agency
18-19 [in one position]; [or]
18-20 (B) a state employee who works for a state
18-21 institution of higher education and who is normally scheduled to
18-22 work a total of at least 40 hours a week in one position, as
18-23 determined under Section 659.0411; or
18-24 (C) a state employee who works in the
18-25 legislative branch of state government and who is normally
19-1 scheduled to work a total of 40 or more hours a week in all
19-2 positions held in the legislative branch.
19-3 (3) [(2)] "Part-time state employee" means a state
19-4 employee who is not a full-time state employee.
19-5 (4) [(3)] "State employee" means an individual who:
19-6 (A) is covered by Chapter 654;
19-7 (B) holds a line item or exempt position;
19-8 (C) works in a nonacademic position at a state
19-9 institution of higher education at least 20 hours a week for at
19-10 least 4.5 consecutive months; or
19-11 (D) is an hourly employee of the state.
19-12 SECTION 34. Subchapter D, Chapter 659, Government Code, is
19-13 amended by adding Section 659.0411 to read as follows:
19-14 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
19-15 EDUCATION. (a) A state institution of higher education shall
19-16 determine whether a state employee who has more than one
19-17 appointment with the institution holds only one position or holds
19-18 one position for each appointment.
19-19 (b) A board of regents shall determine whether a state
19-20 employee who has an appointment with at least two state
19-21 institutions of higher education under the board's jurisdiction
19-22 holds only one position or holds one position for each appointment.
19-23 (c) A state employee who has an appointment with at least
19-24 two state institutions of higher education holds more than one
19-25 position if those institutions are not governed by the same board
20-1 of regents.
20-2 SECTION 35. Section 659.132, Government Code, is amended to
20-3 read as follows:
20-4 Sec. 659.132. DEDUCTION AUTHORIZED. (a) A state employee
20-5 may authorize a deduction each pay period from the employee's
20-6 salary or wage payment for a charitable contribution as provided by
20-7 this subchapter.
20-8 (b) Except as provided by Subsections (c), (d), and (e), a
20-9 state employee may authorize a deduction only during a state
20-10 employee charitable campaign.
20-11 (c) A state employee who begins working for the state when a
20-12 campaign is not being conducted may authorize a deduction according
20-13 to the comptroller's requirements.
20-14 (d) A state employee who works for a state agency that does
20-15 not allow deduction authorizations under Subsection (i) may
20-16 authorize a deduction that is effective with the first full payroll
20-17 period after the agency is converted to a system in which uniform
20-18 statewide payroll procedures are followed.
20-19 (e) A state employee who works for a state agency that does
20-20 not allow deduction authorizations under Subsection (i) may
20-21 authorize a deduction after transferring from that agency to:
20-22 (1) a state agency that allows deduction
20-23 authorizations even though it may prohibit them under Subsection
20-24 (i); or
20-25 (2) a state agency not covered by Subsection (i).
21-1 (f) A state employee who authorized a deduction while
21-2 working for a state agency may continue the deduction after
21-3 transferring to another state agency if the comptroller's rules for
21-4 continuing the deduction are followed.
21-5 (g) An authorization must direct the comptroller to
21-6 distribute the deducted funds to a participating federation or fund
21-7 and a local campaign manager as prescribed by rule.
21-8 (h) [(c)] A deduction under this subchapter must be in the
21-9 form prescribed by the comptroller.
21-10 (i) [(d)] A state agency other than an institution of higher
21-11 education is not required to permit an employee to authorize a
21-12 deduction under this subchapter until the first full payroll period
21-13 after the agency converts to a system in which uniform statewide
21-14 payroll procedures are followed.
21-15 (j) [(e)] The comptroller by rule may establish a reasonable
21-16 minimum deduction for each pay period.
21-17 SECTION 36. Subsections (a) and (c), Section 659.136,
21-18 Government Code, are amended to read as follows:
21-19 (a) A state employee may revoke or change an authorization
21-20 by giving notice to the employing state agency. A state employee
21-21 may not change the eligible charitable organization designated to
21-22 receive the employee's deductions.
21-23 (c) A revocation or change takes effect on the date
21-24 designated [when it is approved] by the comptroller by rule.
21-25 SECTION 37. Section 659.137, Government Code, is amended to
22-1 read as follows:
22-2 Sec. 659.137. DURATION OF DEDUCTION. (a) A deduction under
22-3 this subchapter begins on the date designated by the comptroller by
22-4 rule.
22-5 (b) A deduction [by a state employee] under this subchapter
22-6 is effective for a maximum of one campaign year and, unless revoked
22-7 or changed under Section 659.136, ends on[:]
22-8 [(1) the first anniversary of] the date designated by
22-9 the comptroller by rule [it begins; or]
22-10 [(2) the effective date of a revocation of or change
22-11 in the authorization by the employee].
22-12 SECTION 38. Subsection (d), Section 659.148, Government
22-13 Code, is amended to read as follows:
22-14 (d) Except as provided by this subsection, the [The]
22-15 comptroller shall charge an administrative fee to cover costs
22-16 incurred by the comptroller and employing state agencies in the
22-17 implementation of this subchapter to the charitable organizations
22-18 participating in the first state employee charitable campaign
22-19 conducted under this subchapter in the same proportion that the
22-20 contributions to that charitable organization bear to the total of
22-21 contributions in that campaign. Except as provided by this
22-22 subsection, the [The] comptroller shall charge an administrative
22-23 fee to cover costs incurred by the comptroller and employing state
22-24 agencies in the administration of this subchapter to the charitable
22-25 organizations in each subsequent state employee charitable campaign
23-1 in the same proportion that the contributions to that charitable
23-2 organization bear to the total of contributions in that campaign.
23-3 The comptroller may decline to charge an administrative fee if the
23-4 comptroller determines the costs that would be covered by the fee
23-5 are insignificant. The comptroller shall determine the most
23-6 efficient and effective method of collecting the administrative fee
23-7 and shall adopt rules for the implementation of this section.
23-8 SECTION 39. Section 659.109, Government Code, is amended to
23-9 read as follows:
23-10 Sec. 659.109. ALLOCATION [AND APPROPRIATION] OF
23-11 ADMINISTRATIVE FEES. [(a)] The state shall allocate and pay to
23-12 each state agency that incurs costs in administering this
23-13 subchapter the agency's proportional amount of the administrative
23-14 fees collected by the state under this subchapter.
23-15 [(b) An administrative fee withheld under this subchapter
23-16 may be used, without further appropriation, by the comptroller and
23-17 the state agencies incurring costs in administering this
23-18 subchapter.]
23-19 SECTION 40. Subsection (a), Section 659.146, Government
23-20 Code, is amended to read as follows:
23-21 (a) To be eligible to participate in a state employee
23-22 charitable campaign, a charitable organization must:
23-23 (1) be governed by a voluntary board of citizens that
23-24 meets at least twice each year to set policy and manage the affairs
23-25 of the organization;
24-1 (2) if the organization's annual budget:
24-2 (A) does not exceed [is less than] $100,000,
24-3 provide a completed Internal Revenue Service Form 990 and an
24-4 accountant's review that offers full and open disclosure of the
24-5 organization's internal operations; or
24-6 (B) exceeds [is equal to or more than] $100,000,
24-7 be audited annually in accordance with generally accepted auditing
24-8 standards of the American Institute of Certified Public
24-9 Accountants; and
24-10 (3) not spend more than 25 percent of its annual
24-11 revenue for administrative and fund-raising expenses.
24-12 SECTION 41. Subdivisions (1) and (3), Section 661.061,
24-13 Government Code, are amended to read as follows:
24-14 (1) "National holiday" includes only those days listed
24-15 under Section 662.003(a). The term does not include a national
24-16 holiday on which a state employee is not entitled to a paid day off
24-17 from work under Section 662.005.
24-18 (3) "State holiday" includes only those days listed
24-19 under Section 662.003(b). The term does not include a state
24-20 holiday on which a state employee is not entitled to a paid day off
24-21 from work under Section 662.005.
24-22 SECTION 42. Subsection (b), Section 661.062, Government
24-23 Code, is amended to read as follows:
24-24 (b) A separation from state employment includes a separation
24-25 in which the employee:
25-1 (1) leaves one state agency to begin working for
25-2 another state agency, if one or more workdays occur between the two
25-3 employments;
25-4 (2) moves from a position in a state agency that
25-5 accrues vacation time to a position in that agency that does not
25-6 accrue vacation time, if the agency agrees to pay the employee for
25-7 the accrued balance of the employee's vacation time;
25-8 (3) moves from a position in a state agency that
25-9 accrues vacation time to a position in another state agency that
25-10 does not accrue vacation time, if the other state agency refuses to
25-11 credit the employee for the balance of the employee's vacation time
25-12 as of the date of the move; [or]
25-13 (4) moves from a position in a state agency that does
25-14 not accrue vacation time to a position in another state agency that
25-15 does not accrue vacation time, if the other state agency is not
25-16 authorized or refuses to credit the employee for the balance of the
25-17 employee's vacation time as of the date of the move; or
25-18 (5) holds two or more positions, and separates from
25-19 one that accrues vacation time.
25-20 SECTION 43. Section 661.063, Government Code, is amended to
25-21 read as follows:
25-22 Sec. 661.063. COMPUTATION OF PAYMENT. (a) Except as
25-23 provided by Subsection (b), the [The] payment to a state employee
25-24 under this subchapter shall be computed by multiplying the
25-25 employee's rate of compensation on the date of separation from
26-1 state employment by the total number of hours of vacation time
26-2 determined under Section 661.064.
26-3 (b) The payment under this subchapter to a state employee
26-4 who separates from state employment while holding a position that
26-5 does not accrue vacation time shall be computed according to this
26-6 subsection. The employee's final rate of compensation in the last
26-7 position held that accrues vacation time shall be multiplied by the
26-8 employee's total number of hours of vacation time determined under
26-9 Section 661.064.
26-10 (c) Under this section, rate of compensation:
26-11 (1) includes an emolument in lieu of base pay for
26-12 which the state employee was eligible [on the last day of
26-13 employment]; and
26-14 (2) does not include longevity or hazardous duty pay.
26-15 SECTION 44. Section 661.064, Government Code, is amended by
26-16 amending Subsection (a) and adding Subsection (c) to read as
26-17 follows:
26-18 (a) This subsection applies except as provided by Subsection
26-19 (c). For a state employee who on the date of separation is
26-20 normally scheduled to work at least 40 hours a week, eight hours
26-21 are to be added to the employee's accrued vacation time for each
26-22 state or national holiday that is scheduled to fall within the
26-23 period after the date of separation and during which the employee
26-24 could have used the time. To determine the period during which
26-25 vacation time could have been used and the number of state or
27-1 national holidays, the employee's vacation time is allocated over
27-2 the workdays after the employee's separation and eight hours are
27-3 added as a state or national holiday occurs during the period.
27-4 (c) For a state employee who is paid under this subchapter
27-5 because the separation from state employment involves a move to a
27-6 position in a state agency that does not accrue vacation time, no
27-7 hours may be added to the employee's accrued vacation time for a
27-8 state or national holiday which is scheduled to fall within the
27-9 period after the date of separation and during which the employee
27-10 could have used the time.
27-11 SECTION 45. Subchapter A, Chapter 662, Government Code, is
27-12 amended by adding Section 662.0071 to read as follows:
27-13 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
27-14 (a) A state agency shall accept the balance of compensatory time
27-15 accrued under Section 662.007 by a state employee who transfers to
27-16 that agency from another state agency if the employee transfers as
27-17 a direct result of:
27-18 (1) the legislature's transfer of legal authority or
27-19 duties from the agency that formerly employed the employee to the
27-20 agency that currently employs the employee; or
27-21 (2) a requirement of the State Council on Competitive
27-22 Government for the agency that formerly employed the employee to
27-23 bid a commercially available service that the agency previously
27-24 performed.
27-25 (b) Subsection (a) does not apply if the transferring state
28-1 employee is required to apply for the new position.
28-2 (c) In this section, "bid" means any process developed by
28-3 the State Council on Competitive Government to provide a
28-4 commercially available service in competition with private
28-5 commercial sources or state agency providers.
28-6 SECTION 46. Subsection (f), Section 403.016, Government
28-7 Code, is amended to read as follows:
28-8 (f)(1) Except as provided by Subdivision (2) and subject to
28-9 any limitation in rules adopted by the comptroller, an automated
28-10 clearinghouse, or the federal government [Subsection (e)], the
28-11 comptroller may use the electronic funds transfer system to deposit
28-12 payments only to one or more accounts of a payee [payee's account]
28-13 at one or more [a] financial institutions [institution].
28-14 (2) The comptroller may use the electronic funds
28-15 transfer system to deposit a portion of an employee's net state
28-16 salary to the employee's account at a credit union if:
28-17 (A) the amount of the salary deposited to that
28-18 account exceeds the amount of salary deposited in any other account
28-19 of the employee at another type of financial institution; or
28-20 (B) the requirements concerning deductions for
28-21 payments to credit unions prescribed by Subchapter G, Chapter 659,
28-22 and by the rules adopted by the comptroller under that subchapter
28-23 are satisfied.
28-24 (3) A single electronic funds transfer may contain
28-25 payments to multiple payees. Individual transfers or warrants are
29-1 not required for each payee.
29-2 SECTION 47. Subsection (c), Section 403.248, Government
29-3 Code, is amended to read as follows:
29-4 (c) In this section, "final accounting" means a
29-5 reimbursement from or additional payment to a state officer or
29-6 employee so that the net amount received by the officer or employee
29-7 [advanced from a petty cash account] equals the actual travel
29-8 expenses incurred by the officer or employee.
29-9 SECTION 48. Section 5, Texas Employees Uniform Group
29-10 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
29-11 Code), is amended by adding Subsection (k) to read as follows:
29-12 (k) If the trustee establishes a group coverage plan that
29-13 protects against the long-term or short-term loss of salary, the
29-14 trustee may use an employee's annual salary in the calculation of
29-15 the amount of the employee's premium or coverage, or both, under
29-16 the plan. For purposes of this subsection, an employee's annual
29-17 salary includes the benefit replacement pay the employee would be
29-18 earning annually under Subchapter H, Chapter 659, Government Code,
29-19 as added by Chapter 417, Acts of the 74th Legislature, 1995, if
29-20 Section 659.121(1), Government Code, defined "compensation" to
29-21 include only base salary or wages, longevity pay, hazardous duty
29-22 pay, and night differential pay.
29-23 SECTION 49. Section 11, Texas Employees Uniform Group
29-24 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
29-25 Code), is amended by amending Subsection (c) and adding Subsection
30-1 (d) to read as follows:
30-2 (c) Except as provided by Subsection (d), the [The] trustee
30-3 shall prescribe regulations providing for the conversion of other
30-4 than annual rates of pay, and specify the types of pay included in
30-5 annual pay and all other matters necessary to implement this
30-6 section.
30-7 (d) For the purpose of determining the amount of an
30-8 employee's optional term life insurance coverage, an employee's
30-9 annual salary includes the benefit replacement pay the employee
30-10 would be earning annually under Subchapter H, Chapter 659,
30-11 Government Code, as added by Chapter 417, Acts of the 74th
30-12 Legislature, 1995, if Section 659.121(1), Government Code, defined
30-13 "compensation" to include only base salary or wages, longevity pay,
30-14 hazardous duty pay, and night differential pay.
30-15 SECTION 50. Subdivision (7), Section 811.001, Government
30-16 Code, is amended to read as follows:
30-17 (7) "Compensation" means the base salary of a person;
30-18 [, including] amounts that would otherwise qualify as compensation
30-19 but are not received directly by a [the] person pursuant to a good
30-20 faith, voluntary, written salary reduction agreement in order to
30-21 finance payments to a deferred compensation or tax sheltered
30-22 annuity program specifically authorized by state law or to finance
30-23 benefit options under a cafeteria plan qualifying under Section 125
30-24 of the Internal Revenue Code of 1986 (26 U.S.C. Section 125);[,
30-25 plus] longevity and hazardous duty pay; [and includes] nonmonetary
31-1 compensation, the value of which is determined by the retirement
31-2 system; [, and] amounts by which a [the] person's salary is reduced
31-3 under a salary reduction agreement authorized by Chapter 610; and
31-4 the benefit replacement pay a person earns under Subchapter H,
31-5 Chapter 659, as added by Chapter 417, Acts of the 74th Legislature,
31-6 1995, except for the benefit replacement pay a person earns as a
31-7 result of a payment made under Subchapter B, C, or D, Chapter 661.
31-8 The term[, but] excludes overtime pay.
31-9 SECTION 51. Subsections (b) and (c), Section 822.201,
31-10 Government Code, are amended to read as follows:
31-11 (b) "Salary and wages" as used in Subsection (a) means:
31-12 (1) normal periodic payments of money for service the
31-13 right to which accrues on a regular basis in proportion to the
31-14 service performed;
31-15 (2) amounts by which the member's salary is reduced
31-16 under a salary reduction agreement authorized by Chapter 610; [and]
31-17 (3) amounts that would otherwise qualify as salary and
31-18 wages under Subdivision (1) but are not received directly by the
31-19 member pursuant to a good faith, voluntary written salary reduction
31-20 agreement in order to finance payments to a deferred compensation
31-21 or tax sheltered annuity program specifically authorized by state
31-22 law or to finance benefit options under a cafeteria plan qualifying
31-23 under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
31-24 Section 125), if:
31-25 (A) the program or benefit options are made
32-1 available to all employees of the employer; and
32-2 (B) the benefit options in the cafeteria plan
32-3 are limited to one or more options that provide deferred
32-4 compensation, group health and disability insurance, group term
32-5 life insurance, dependent care assistance programs, or group legal
32-6 services plans; and
32-7 (4) the benefit replacement pay a person earns under
32-8 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
32-9 74th Legislature, 1995, except as provided by Subsection (c).
32-10 (c) Excluded from salary and wages are expense payments,
32-11 allowances, payments for unused vacation or sick leave, maintenance
32-12 or other nonmonetary compensation, fringe benefits, deferred
32-13 compensation other than as provided by Subsection (b)(3),
32-14 compensation that is not made pursuant to a valid employment
32-15 agreement, payments received in the 1995-1996 or a subsequent
32-16 school year for teaching a driver education and traffic safety
32-17 course, the benefit replacement pay a person earns as a result of a
32-18 payment made under Subchapter B or C, Chapter 661, and any
32-19 compensation not described in Subsection (b).
32-20 SECTION 52. Subsection (a), Section 47.09, Penal Code, is
32-21 amended to read as follows:
32-22 (a) It is a defense to prosecution under this chapter that
32-23 the conduct:
32-24 (1) was authorized under:
32-25 (A) the Bingo Enabling Act (Article 179d,
33-1 Vernon's Texas Civil Statutes);
33-2 (B) the Texas Racing Act (Article 179e, Vernon's
33-3 Texas Civil Statutes); or
33-4 (C) the Charitable Raffle Enabling Act (Article
33-5 179f, Revised Statutes);
33-6 (2) consisted entirely of participation in the state
33-7 lottery authorized by Chapter 466, Government Code; or
33-8 (3) was a necessary incident to the operation of the
33-9 state lottery and was directly or indirectly authorized by:
33-10 (A) Chapter 466, Government Code;
33-11 (B) the lottery division of the Texas Lottery
33-12 Commission [comptroller's office];
33-13 (C) the Texas Lottery Commission [comptroller];
33-14 or
33-15 (D) the director of the lottery division of the
33-16 Texas Lottery Commission.
33-17 SECTION 53. Subsection (a), Section 2054.007, Government
33-18 Code, is amended to read as follows:
33-19 (a) The lottery division of the Texas Lottery Commission [in
33-20 the office of the comptroller is not included in the agency
33-21 strategic plan or biennial operating plan of the comptroller. The
33-22 lottery division] is not subject to the planning and procurement
33-23 requirements of this chapter.
33-24 SECTION 54. Section 2103.003, Government Code, is amended to
33-25 read as follows:
34-1 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
34-2 A state agency may spend appropriated funds only by:
34-3 (1) a warrant drawn by:
34-4 (A) the comptroller; or
34-5 (B) a state agency to which the comptroller has
34-6 delegated authority to print warrants under Section 403.060; or
34-7 (2) an electronic funds transfer initiated by [from]
34-8 the comptroller.
34-9 SECTION 55. Subchapter A, Chapter 2103, Government Code, is
34-10 amended by adding Section 2103.0035 to read as follows:
34-11 Sec. 2103.0035. STATE AGENCY SPENDING OF UNAPPROPRIATED
34-12 FUNDS. (a) A state agency may spend unappropriated funds only by:
34-13 (1) a warrant drawn by:
34-14 (A) the comptroller; or
34-15 (B) a state agency to which the comptroller has
34-16 delegated authority to print warrants under Section 403.060; or
34-17 (2) an electronic funds transfer initiated by the
34-18 comptroller.
34-19 (b) Subsection (a) applies only to funds that Section
34-20 404.046 or 404.069 or other law requires to be spent on warrants
34-21 drawn or electronic funds transfers initiated by the comptroller.
34-22 SECTION 56. Section 2103.004, Government Code, is amended to
34-23 read as follows:
34-24 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS
34-25 [WARRANT DRAWN BY COMPTROLLER]. A [The comptroller may not draw a]
35-1 warrant may not be drawn or an electronic funds transfer initiated
35-2 until:
35-3 (1) the state agency from whose appropriated or
35-4 unappropriated funds [appropriation] the warrant or electronic
35-5 funds transfer is payable has submitted a voucher to the
35-6 comptroller;
35-7 (2) the state agency has approved the voucher in
35-8 accordance with this chapter; and
35-9 (3) the comptroller has audited and approved the
35-10 voucher as required by law.
35-11 SECTION 57. Section 2151.002, Government Code, is amended to
35-12 read as follows:
35-13 Sec. 2151.002. DEFINITIONS. Except as otherwise provided by
35-14 [In] this subtitle:
35-15 (1) "Commission" means the General Services
35-16 Commission.
35-17 (2) "State agency" means:
35-18 (A) a department, commission, board, office, or
35-19 other agency in the executive branch of state government created by
35-20 the state constitution or a state statute[, except the Texas
35-21 High-Speed Rail Authority];
35-22 (B) the supreme court, the court of criminal
35-23 appeals, a court of appeals, or the Texas Judicial Council; or
35-24 (C) a university system or an institution of
35-25 higher education as defined by Section 61.003, Education Code,
36-1 except a public junior college.
36-2 SECTION 58. Section 2155.001, Government Code, is amended to
36-3 read as follows:
36-4 Sec. 2155.001. DEFINITIONS. Except as otherwise provided by
36-5 [In] this chapter and Chapters 2156, 2157, and 2158:
36-6 (1) "Goods" means supplies, materials, or equipment.
36-7 (2) "Service" means the furnishing of skilled or
36-8 unskilled labor or professional work, but does not include a:
36-9 (A) professional service subject to Subchapter
36-10 A, Chapter 2254;
36-11 (B) service of a state agency employee;
36-12 (C) consulting service or service of a [private]
36-13 consultant as defined by Subchapter B, Chapter 2254; or
36-14 (D) service of a public utility.
36-15 SECTION 59. Section 2155.321, Government Code, is amended by
36-16 adding Subdivisions (3) and (4) to read as follows:
36-17 (3) "Service" means the furnishing of skilled or
36-18 unskilled labor or professional work but does not include the
36-19 service of a state agency employee.
36-20 (4) "State agency" has the meaning assigned by Section
36-21 2103.001.
36-22 SECTION 60. Subsection (b), Section 2155.322, Government
36-23 Code, is amended to read as follows:
36-24 (b) If state law requires that a payment for the goods or
36-25 services be made on a warrant drawn or an electronic funds transfer
37-1 initiated by the comptroller or a state agency with delegated
37-2 authority under Section 403.060, promptly [Promptly] after the
37-3 later of the receipt of the invoice or the receipt of the goods or
37-4 services, the agency shall send to the comptroller the
37-5 certification, together with the financial information and purchase
37-6 information provided by the invoice and purchase voucher, on a form
37-7 or in the manner agreed to by the comptroller and the commission.
37-8 SECTION 61. Subsection (c), Section 2155.325, Government
37-9 Code, is amended to read as follows:
37-10 (c) For purchases audited after a warrant is issued, the
37-11 comptroller shall send the certification and purchase information
37-12 received by the comptroller under Section 2155.322(b) to the
37-13 commission under commission rules.
37-14 SECTION 62. Section 2101.011, Government Code, is amended to
37-15 read as follows:
37-16 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
37-17 AGENCIES [("100-DAY REPORTS")]. (a) A state agency as defined by
37-18 Section 403.013 shall submit the financial information requested by
37-19 the comptroller and such other information requested by the
37-20 legislature in the General Appropriations Act, including
37-21 information about state funds held outside the state treasury, to:
37-22 (1) the governor;
37-23 (2) the comptroller;
37-24 (3) the Legislative Reference Library [state
37-25 treasurer];
38-1 (4) the state auditor; and
38-2 (5) the Legislative Budget Board.
38-3 (b) A state agency [other than a university system or
38-4 institution of higher education, as defined by Section 61.003,
38-5 Education Code,] shall submit the information to the listed
38-6 officials by the date or dates provided in the General
38-7 Appropriations Act [not later than December 9 of each year. A
38-8 university system or institution of higher education shall submit
38-9 the information to the listed officials not later than the
38-10 following January 1].
38-11 (c) The comptroller may require the reporting of the
38-12 financial information for any entity that the comptroller
38-13 determines is a component unit of a statewide reporting entity in
38-14 accordance with generally accepted accounting principles as
38-15 prescribed or modified by the Governmental Accounting Standards
38-16 Board or its successors. [A state agency is not required to submit
38-17 the information if the comptroller determines the agency is not a
38-18 component unit of state government for purposes of this
38-19 subchapter.]
38-20 SECTION 63. Subsection (a), Section 466.017, Government
38-21 Code, is amended to read as follows:
38-22 (a) The executive director shall provide for a certified
38-23 public accountant to conduct an independent audit for each fiscal
38-24 year of all accounts and transactions of the lottery. The
38-25 certified public accountant may not have, as determined by the
39-1 executive director, a significant financial interest in a sales
39-2 agent, lottery vendor, or lottery operator. The certified public
39-3 accountant shall present an audit report to the executive director,
39-4 the commission, the governor, the comptroller, and the legislature
39-5 not later than the 30th day after the submission date for the
39-6 annual financial report required by the General Appropriations Act
39-7 [April 1 of the year following the fiscal year for which the audit
39-8 was performed]. The report must contain recommendations to enhance
39-9 the earnings capability of the lottery and improve the efficiency
39-10 of lottery operations. The state auditor may review the results of
39-11 and working papers related to the audit.
39-12 SECTION 64. Subsection (a), Section 2306.074, Government
39-13 Code, is amended to read as follows:
39-14 (a) The state auditor or a certified public accountant shall
39-15 audit the department's books and accounts each fiscal year and file
39-16 a copy of the audit with the governor, the comptroller, and the
39-17 legislature not later than the 30th day after the submission date
39-18 for the annual financial report as required by the General
39-19 Appropriations Act [on or before March 1 of each year]. If the
39-20 state auditor is conducting the audit and it is not available by
39-21 the 30th day after the submission date as required by the General
39-22 Appropriations Act for annual financial reporting [March 1], it
39-23 must be filed as soon as it is available.
39-24 SECTION 65. Subsection (a), Section 17, Article 5.76-3,
39-25 Insurance Code, is amended to read as follows:
40-1 (a) The [Not later than March 1 of each subsequent year,
40-2 the] board shall publish an independently audited [a] report
40-3 analyzing the fund's activities and fiscal condition during the
40-4 preceding fiscal year and shall file the report with the Texas
40-5 Department of Insurance. The board shall file the audited report
40-6 with the Texas Department of Insurance for inclusion in its [have
40-7 an independent audit made of the] annual financial report. The
40-8 annual financial report shall be submitted by the Texas Department
40-9 of Insurance by the date provided for in the General Appropriations
40-10 Act.
40-11 SECTION 66. Subsections (a) through (d), Section 403.021,
40-12 Government Code, are amended to read as follows:
40-13 (a) A state agency that expends appropriated funds shall
40-14 report into the uniform statewide accounting system all payables
40-15 and [submit a] binding encumbrances for the first three quarters of
40-16 the current appropriation year within 30 days after the close of
40-17 each quarter [encumbrance report to the comptroller and the state
40-18 auditor no later than October 30 of each year]. Binding
40-19 encumbrances for all appropriation years shall be reported annually
40-20 not later than September 30 of each fiscal year.
40-21 (b) Payables and binding encumbrances must be reported for
40-22 all appropriations [The report must indicate the unencumbered
40-23 balance, if any, of each nonconstruction appropriation for the
40-24 preceding fiscal year. The report must be made] in the format that
40-25 the comptroller prescribes. [The comptroller may reject a report
41-1 if it does not contain sufficient information or comply with the
41-2 comptroller's prescribed format.]
41-3 (c) On October 1 [31] of each fiscal year, the comptroller
41-4 shall lapse all unencumbered nonconstruction appropriation balances
41-5 for all prior appropriation years based on the payables and binding
41-6 encumbrances reported [information in the binding encumbrance
41-7 reports].
41-8 (d) If an agency submits a valid claim against a prior
41-9 year's appropriation 30 days or more after the reporting due date
41-10 [has not submitted a report by October 31, the comptroller shall
41-11 lapse the unexpended balance of the agency's appropriations. If
41-12 the agency subsequently submits a report], the comptroller may
41-13 [shall] reinstate the agency's appropriations to the extent of the
41-14 claim [they were encumbered but unexpended].
41-15 SECTION 67. Section 403.031, Government Code, is amended by
41-16 adding Subsection (c) to read as follows:
41-17 (c) The comptroller, in consultation with the state auditor
41-18 and the attorney general, may develop standards and criteria to
41-19 account for or to reclassify receivables determined to be
41-20 uncollectible. The standards and criteria developed by the
41-21 comptroller must comply with generally accepted accounting
41-22 principles as prescribed or modified by the Governmental Accounting
41-23 Standards Board or its successors and must provide proper
41-24 accounting controls to protect state finances. The state auditor
41-25 and the attorney general shall review and approve the standards and
42-1 criteria for classification of receivables. Receivables may be
42-2 reclassified as collectible or uncollectible according to the
42-3 process approved by the state auditor or on a case-by-case basis as
42-4 determined or approved by that office. The classification of
42-5 receivables as uncollectible under this subsection does not
42-6 constitute forgiveness of the debt, and any person indebted to the
42-7 state remains subject to Section 403.055.
42-8 SECTION 68. Section 183.023, Tax Code, is amended to read as
42-9 follows:
42-10 Sec. 183.023. PAYMENT. The tax due for the preceding month
42-11 shall accompany the return and shall be payable to the state. The
42-12 comptroller shall deposit the revenue in the general revenue [mixed
42-13 beverage tax clearance] fund.
42-14 SECTION 69. Subsection (d), Section 74.006, Human Resources
42-15 Code, is amended to read as follows:
42-16 (d) Money in the trust fund may be invested and shall be
42-17 accounted for separately from other funds in the treasury. The
42-18 council may direct the investment of funds consistent with the
42-19 comptroller's authority to invest funds under Section 404.024,
42-20 Government Code. After the deduction of investment related
42-21 expenses, net income and interest [Interest] earned on money in the
42-22 trust fund shall be deposited to the credit of the trust fund.
42-23 SECTION 70. Subsection (b), Section 403.003, Government
42-24 Code, is amended to read as follows:
42-25 (b) The chief clerk shall take the official oath and give
43-1 bond in the amount of $70,000 [$10,000], payable in the same manner
43-2 as the comptroller's bond, and conditioned on the faithful
43-3 performance of the duties of the office.
43-4 SECTION 71. Section 14, Texas State College and University
43-5 Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
43-6 Texas Insurance Code), is amended to read as follows:
43-7 Sec. 14. ADMINISTRATIVE COSTS. No employee covered under
43-8 the provisions of this Act shall be required to pay out of the
43-9 amount of employer contributions due him or out of the amount of
43-10 his additional premiums due for selected coverages the expenses of
43-11 the committees established in this Act; however, expenses for the
43-12 administration of the self-insured plan as provided in Section 4(d)
43-13 of this Act may come from the contributions of employees and the
43-14 state after payments for any coverages provided for under this Act
43-15 have been made[, any administrative costs, fees, or tax whatsoever
43-16 to pay expenses of a state institution or committees as herein
43-17 established for administering this Act]. The duties of each member
43-18 of the advisory committees shall be considered additional duties to
43-19 those required of his other state office or employment, and all
43-20 expenses incurred by any such member in performing his duties as a
43-21 member of the committee shall be paid out of funds made available
43-22 for those purposes to the institution of which the member is an
43-23 employee or officer.
43-24 SECTION 72. Subchapter A, Chapter 403, Government Code, is
43-25 amended by adding Section 403.008 to read as follows:
44-1 Sec. 403.008. BONDS AND EMPLOYEES. (a) In addition to
44-2 other bonds required by this chapter, the comptroller shall give
44-3 any special bond required by an Act of Congress or a federal
44-4 department or official to protect federal funds deposited with the
44-5 comptroller. The state shall pay the expenses necessary and
44-6 incidental to the execution of the bond.
44-7 (b) The comptroller shall appoint other employees that are
44-8 authorized by law. Employees who as part of their duties handle
44-9 money, drafts, checks, bills of exchange, warrants, securities, or
44-10 other evidences of debt that are or may be convertible into money,
44-11 or other valuable property shall execute a bond that is issued by a
44-12 good and solvent surety company authorized to do business in this
44-13 state, payable to the comptroller in the sum that the comptroller
44-14 requires, and conditioned on the faithful performance of the duties
44-15 of the employee's position. The comptroller also may require an
44-16 employee to be insured in the manner and sum required by the
44-17 comptroller.
44-18 (c) The state shall pay any expense incident to the
44-19 execution of the bonds and any insurance of the chief clerk and
44-20 other employees.
44-21 SECTION 73. Subchapter B, Chapter 403, Government Code, is
44-22 amended by adding Sections 403.027 and 403.028 to read as follows:
44-23 Sec. 403.027. ELECTRONIC STORAGE AND MAINTENANCE OF RECORDS.
44-24 (a) The comptroller may store and maintain a state record or an
44-25 essential record in an electronic storage format if:
45-1 (1) the method used to store and maintain the record
45-2 allows accurate reproduction of the record;
45-3 (2) the method used to store and maintain the record
45-4 conforms to any standards prescribed by the records preservation
45-5 officer to conform to any applicable rules of the National
45-6 Institute of Standards and Technology, unless those standards
45-7 conflict with the provisions of this section; and
45-8 (3) the place and manner of safekeeping the medium or
45-9 equipment on which the record is stored and maintained conforms
45-10 with the records preservation officer's requirements under Section
45-11 441.059(a), except that the records preservation officer may not
45-12 prohibit the comptroller from retaining possession of that medium
45-13 or equipment.
45-14 (b) An accurate reproduction of a state record that is
45-15 stored and maintained according to this section is a preservation
45-16 duplicate of the record for the purposes of Sections 441.058 and
45-17 441.059, regardless of whether the records preservation officer:
45-18 (1) made the reproduction; or
45-19 (2) designated the reproduction as a preservation
45-20 duplicate.
45-21 (c) An accurate reproduction of an essential record that is
45-22 stored and maintained according to this section is a photographic
45-23 reproduction of the record for purposes of Section 441.038(f).
45-24 (d) An accurate reproduction of a state record or an
45-25 essential record may be stored in tangible or intangible form,
46-1 including an electronic or optical image of the record.
46-2 (e) In this section:
46-3 (1) "Essential record" means written or graphic
46-4 material that is made or received by the comptroller in the conduct
46-5 of official state business and that is filed or intended to be
46-6 preserved permanently or for a definite period as a record of that
46-7 business.
46-8 (2) "Records preservation officer" means the director
46-9 of the records management division of the Texas State Library.
46-10 (3) "State record" means a document, book, paper,
46-11 photograph, sound recording, or other material, regardless of
46-12 physical form or characteristic, that is made or received by the
46-13 comptroller according to law or in connection with the transaction
46-14 of official state business.
46-15 Sec. 403.028. DIGITAL SIGNATURES. (a) The comptroller may
46-16 establish a procedure for a person to provide a digital signature
46-17 for any document or data submitted to the comptroller if the
46-18 comptroller determines the procedure will provide a degree of
46-19 security and authenticity at least equal to that provided by a
46-20 manual signature.
46-21 (b) A digital signature provided according to a procedure
46-22 established under this section has the same legal force and effect
46-23 for all purposes as a manual signature.
46-24 (c) This section does not apply to the electronic submission
46-25 and approval of vouchers under Chapter 2103.
47-1 SECTION 74. Section 411.109, Government Code, is amended to
47-2 read as follows:
47-3 Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
47-4 COMPTROLLER [STATE TREASURER]. (a) The comptroller [treasurer] is
47-5 entitled to obtain from the department criminal history record
47-6 information maintained by the department that the comptroller
47-7 [treasurer] believes is necessary for the enforcement or
47-8 administration of Chapter 154 or Chapter 155, Tax Code, including
47-9 criminal history record information that relates to a person who
47-10 is:
47-11 (1) an applicant for a permit under Chapter 154 or
47-12 Chapter 155, Tax Code;
47-13 (2) a permit holder under either of those chapters;
47-14 (3) an officer, director, stockholder owning 10
47-15 percent or more of the outstanding stock, partner, owner, or
47-16 managing employee of an applicant or permit holder under either of
47-17 those chapters that is a corporation, association, joint venture,
47-18 syndicate, partnership, or proprietorship;
47-19 (4) believed to have violated Chapter 154 or Chapter
47-20 155, Tax Code; or
47-21 (5) being considered by the comptroller [treasurer]
47-22 for employment as a peace officer.
47-23 (b) The comptroller is entitled to obtain from the
47-24 department criminal history record information maintained by the
47-25 department that relates to a person who is an employee of or an
48-1 applicant for employment with the comptroller's office in a
48-2 position that involves:
48-3 (1) handling currency, checks, or other funds;
48-4 (2) having access to taxpayer account information;
48-5 (3) working in a location designated by the
48-6 comptroller as a security-sensitive area; or
48-7 (4) performing financial management duties designated
48-8 by the comptroller as security sensitive.
48-9 (c) Criminal history record information obtained by the
48-10 comptroller [treasurer] under Subsections [Subsection] (a) and (b)
48-11 may not be released or disclosed to any person except on court
48-12 order or as provided by Subsection (d) [(c)].
48-13 (d) [(c)] The comptroller [treasurer] is not prohibited from
48-14 disclosing to a person who is the subject of criminal history
48-15 record information the dates and places of arrests, the offenses,
48-16 and the dispositions in the criminal history record information.
48-17 SECTION 75. Chapter 612, Government Code, is amended by
48-18 adding Section 612.004 to read as follows:
48-19 Sec. 612.004. LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS,
48-20 OFFICIALS, AND EXECUTIVE MANAGEMENT STAFF. (a) A state agency
48-21 governed by a board may purchase or acquire liability insurance to
48-22 protect members of the board and the agency's executive management
48-23 staff.
48-24 (b) A state agency governed by an appointed or elected
48-25 official may purchase or acquire liability insurance to protect the
49-1 official and the agency's executive management staff.
49-2 (c) Insurance purchased or acquired by a state agency under
49-3 this section may:
49-4 (1) protect against any type of liability to third
49-5 persons that may be incurred while conducting agency business; and
49-6 (2) provide for all costs of defending against that
49-7 liability, including court costs and attorney's fees.
49-8 (d) This section does not authorize the purchase or
49-9 acquisition of insurance to protect against liability other than
49-10 liability described by Subsection (c).
49-11 (e) A state agency may use any available funds to purchase
49-12 or acquire insurance under this section. A specific statement by
49-13 the legislature that a particular appropriation of funds may be
49-14 used to purchase or acquire insurance is not a prerequisite to
49-15 using funds to purchase or acquire insurance under this section.
49-16 (f) In this section:
49-17 (1) "Board" includes a board, commission, council,
49-18 committee, or other group of individuals.
49-19 (2) "State agency" means a department, board,
49-20 commission, committee, council, agency, office, or other entity in
49-21 the executive, legislative, or judicial branch of state government,
49-22 the jurisdiction of which is not limited to a geographical portion
49-23 of the state. The term includes an institution of higher education
49-24 as defined by Section 61.003, Education Code.
49-25 SECTION 76. Subsection (b), Section 2101.031, Government
50-1 Code, is amended to read as follows:
50-2 (b) The project includes each component of the uniform
50-3 statewide accounting system as designed in accordance with Chapter
50-4 852, Acts of the 70th Legislature, Regular Session, 1987, as
50-5 defined by Section 1, Chapter 781, Acts of the 71st Legislature,
50-6 Regular Session, 1989, and as developed or revised by the
50-7 comptroller [project advisory committee], including:
50-8 (1) the uniform statewide accounting system (USAS) and
50-9 related subsystems;
50-10 (2) the uniform statewide payroll system (USPS); and
50-11 (3) the human resource information system (HRIS)[;]
50-12 [(4) the budget execution and monitoring system
50-13 (BEAMS); and]
50-14 [(5) the statewide telecommunication network system].
50-15 SECTION 77. Section 2101.035, Government Code, is amended by
50-16 amending Subsection (d) and adding Subsections (e), (f), and (g) to
50-17 read as follows:
50-18 (d) The comptroller shall ensure that the uniform statewide
50-19 accounting system encompasses each state agency. [The comptroller
50-20 may, after consulting with the project advisory committee, exclude
50-21 any state agency from the centralized computation function of the
50-22 statewide payroll component of the system.]
50-23 (e) The comptroller shall ensure that the uniform statewide
50-24 payroll system includes a standardized payroll calculation
50-25 function. A state agency shall use that function to calculate its
51-1 payrolls unless the comptroller temporarily exempts the agency from
51-2 this requirement.
51-3 (f) The comptroller may designate a centralized or
51-4 decentralized computer system, or a combination of those systems,
51-5 to operate the uniform statewide accounting system or a component
51-6 of that system, including the uniform statewide payroll system and
51-7 the human resources information system. A designated computer
51-8 system may be operated by the comptroller, another governmental
51-9 entity, or a private contractor.
51-10 (g) If the comptroller designates a decentralized computer
51-11 system under Subsection (f), the comptroller may require each state
51-12 agency using that system to report data and other information from
51-13 the system to the comptroller at the time and in the manner
51-14 required by the comptroller.
51-15 SECTION 78. Section 2101.037, Government Code, is amended by
51-16 amending Subsection (b) and adding Subsection (c) to read as
51-17 follows:
51-18 (b) To ensure continuous reporting of comprehensive
51-19 financial management information, [including information on
51-20 encumbrances and performance and workload measures,] the
51-21 comptroller shall require each state agency to report the necessary
51-22 information to the project director on time. The reports of each
51-23 agency must comply with the comptroller's rules and procedures
51-24 about content and frequency.
51-25 (c) In this section, "financial management information"
52-1 means:
52-2 (1) information about:
52-3 (A) encumbrances;
52-4 (B) performance and workload measures; or
52-5 (C) salaries, compensation, and benefits of
52-6 state officers and employees;
52-7 (2) directory information about state officers and
52-8 employees; and
52-9 (3) any other information the comptroller finds
52-10 necessary or appropriate for the administration, maintenance, and
52-11 modification of the uniform statewide accounting system.
52-12 SECTION 79. Subchapter C, Chapter 2101, Government Code, is
52-13 amended by adding Sections 2101.0375 and 2101.0376 to read as
52-14 follows:
52-15 Sec. 2101.0375. WITHHOLDING OF TRAVEL EXPENSE REIMBURSEMENTS
52-16 FOR LATE OR IMPROPER REPORTING. (a) The comptroller may withhold
52-17 all reimbursements for the travel expenses incurred by the chief
52-18 administrative officer of a state agency whose report under this
52-19 subchapter is not properly received by the comptroller on or before
52-20 the comptroller's deadline.
52-21 (b) The comptroller may withhold all reimbursements for the
52-22 travel expenses incurred by the officers and employees of a state
52-23 agency whose report under this subchapter is not properly received
52-24 by the comptroller on or before the 30th day after the
52-25 comptroller's deadline.
53-1 (c) The comptroller may prohibit a state agency from using
53-2 local funds to reimburse the travel expenses incurred by:
53-3 (1) the agency's chief administrative officer if the
53-4 agency's report under this subchapter is not properly received by
53-5 the comptroller on or before the comptroller's deadline; or
53-6 (2) the agency's officers or employees if the agency's
53-7 report under this subchapter is not properly received by the
53-8 comptroller on or before the 30th day after the comptroller's
53-9 deadline.
53-10 (d) Immediately after the comptroller determines that a
53-11 state agency's report has been properly received, the comptroller
53-12 shall:
53-13 (1) release each travel expense reimbursement that the
53-14 comptroller withheld under Subsection (a) or (b); and
53-15 (2) rescind any prohibition that the comptroller
53-16 issued under Subsection (c).
53-17 (e) A travel expense reimbursement is subject to withholding
53-18 under Subsection (a), (b), or (c) regardless of when the expense is
53-19 incurred. A travel expense reimbursement is subject to withholding
53-20 under Subsection (a) or (b) regardless of whether the reimbursement
53-21 is payable to an individual or a state agency.
53-22 (f) A report is properly received under this section if the
53-23 report complies with the format, submission method, content, and
53-24 other requirements of the comptroller and this subchapter.
53-25 (g) In this section:
54-1 (1) "Chief administrative officer" means:
54-2 (A) the appointed or elected individual who is
54-3 authorized by law to administer a state agency that is not headed
54-4 by a governing body; or
54-5 (B) the executive director or other individual
54-6 with an equivalent title who administers a state agency headed by a
54-7 governing body.
54-8 (2) "Local funds" means funds that are not expended on
54-9 warrants drawn or electronic funds transfers initiated by the
54-10 comptroller.
54-11 Sec. 2101.0376. ADMINISTRATIVE PENALTIES FOR LATE OR
54-12 IMPROPER REPORTING. (a) The comptroller may impose an
54-13 administrative penalty against a state agency if the comptroller:
54-14 (1) is late in submitting a statewide report or
54-15 submits an incomplete statewide report; and
54-16 (2) determines that the statewide report is late or
54-17 incomplete because a report from the agency under this subchapter
54-18 was not properly received by the comptroller on or before the
54-19 comptroller's deadline.
54-20 (b) A penalty imposed under Subsection (a) may be in an
54-21 amount not to exceed $2,000 for each report that is not properly
54-22 received by the comptroller on or before the comptroller's
54-23 deadline.
54-24 (c) A state agency shall ensure that the comptroller
54-25 receives payment of a penalty imposed under Subsection (a) not
55-1 later than the 30th day after the date the agency receives notice
55-2 of the penalty. The comptroller shall deposit the payment to the
55-3 credit of the general revenue fund.
55-4 (d) A report is properly received under this section if the
55-5 report complies with the format, submission method, content, and
55-6 other requirements of the comptroller and this subchapter.
55-7 (e) The comptroller may adopt rules to administer this
55-8 section.
55-9 (f) In this section, "statewide report" means a report
55-10 periodically submitted by the comptroller to the legislature, the
55-11 state auditor, or another state officer or agency that provides
55-12 statistical or financial information about the state agencies or
55-13 their officers and employees.
55-14 SECTION 80. Section 2101.038, Government Code, is amended to
55-15 read as follows:
55-16 Sec. 2101.038. DUTIES OF STATE AUDITOR. The state auditor,
55-17 when reviewing the operation of a state agency, shall audit for
55-18 compliance with the uniform statewide accounting system, the
55-19 comptroller's rules, and the Legislative Budget Board's performance
55-20 and workload measures. The state auditor shall notify [the project
55-21 advisory committee,] the comptroller, the governor, and the
55-22 Legislative Budget Board as soon as practicable when a state agency
55-23 is not in compliance.
55-24 SECTION 81. Section 2101.039, Government Code, is amended to
55-25 read as follows:
56-1 Sec. 2101.039. CONTRACTS; EXEMPTION. [(a)] Contracts made
56-2 under this subchapter are not subject to:
56-3 (1) Subtitle D, Title 10 [the State Purchasing and
56-4 General Services Act (Article 601b, Vernon's Texas Civil
56-5 Statutes)];
56-6 (2) Chapter 2254; or
56-7 (3) Chapter 2054.
56-8 [(b) The project director must submit all proposed contracts
56-9 for professional or consulting services and all proposed purchases
56-10 of computer equipment or software to the project advisory committee
56-11 for review and recommendation before procurement.]
56-12 SECTION 82. (a) Sections 403.005, 403.016(e), 403.0165(j),
56-13 2101.032, 2101.035(b), and 2103.032(c), Government Code, are
56-14 repealed.
56-15 (b) Sections 403.021(f) and 404.042, Government Code, are
56-16 repealed.
56-17 SECTION 83. This Act takes effect immediately, except that
56-18 Sections 1, 41 through 45, 47 through 51, 62 through 72, 78, 79,
56-19 and 82(b) of this Act take effect September 1, 1997.
56-20 SECTION 84. (a) The changes in law made by Sections 42 and
56-21 43 of this Act apply only to a separation from state employment
56-22 that occurs on or after the effective date of those sections. A
56-23 separation that occurs before that date is governed by the law in
56-24 effect at the time of the separation, and the former law is
56-25 continued in effect for that purpose.
57-1 (b) The changes in law made by Sections 48 and 49 of this
57-2 Act apply only to coverages for periods on or after the effective
57-3 date of those sections. The coverages for periods before that date
57-4 are governed by the law as it existed immediately before the
57-5 effective date of those sections, and the former law is continued
57-6 in effect for that purpose.
57-7 (c) The changes in law made by Section 79 of this Act apply
57-8 to a state agency report that the comptroller has not properly
57-9 received according to the applicable deadline, regardless of
57-10 whether the deadline was before, on, or after the effective date of
57-11 Section 79 of this Act. The changes in law do not apply to a state
57-12 agency report that the comptroller properly received before the
57-13 effective date of Section 79 of this Act.
57-14 SECTION 85. The importance of this legislation and the
57-15 crowded condition of the calendars in both houses create an
57-16 emergency and an imperative public necessity that the
57-17 constitutional rule requiring bills to be read on three several
57-18 days in each house be suspended, and this rule is hereby suspended,
57-19 and that this Act take effect and be in force according to its
57-20 terms, and it is so enacted.