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 $15,000 [$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 (b) and (d), Section 2254.031,
8-23 Government Code, are amended to read as follows:
8-24 (b) A state agency that intends to renew a contract that is
8-25 not a major consulting services contract shall comply with Sections
9-1 2254.028 and 2254.029 if the original contract and the renewal
9-2 contract have a reasonably foreseeable value totaling more than
9-3 $15,000 [$10,000].
9-4 (d) A state agency that intends to amend or extend a
9-5 contract that is not a major consulting services contract shall
9-6 comply with Sections 2254.028 and 2254.029 if the original contract
9-7 and the amendment or extension have a reasonably foreseeable value
9-8 totaling more than $15,000 [$10,000].
9-9 SECTION 12. Subsections (a) and (b), Section 2254.036,
9-10 Government Code, are amended to read as follows:
9-11 (a) On request, a state agency shall, after the agency's
9-12 contract with a [private] consultant has ended, supply the
9-13 Legislative Budget Board and the governor's Budget and Planning
9-14 Office with copies of all documents, films, recordings, or reports
9-15 compiled by the consultant under the contract.
9-16 (b) Copies of all documents, films, recordings, or reports
9-17 compiled by the [private] consultant shall be filed with the Texas
9-18 State Library and shall be retained by the library for at least
9-19 five years.
9-20 SECTION 13. Section 2254.037, Government Code, is amended to
9-21 read as follows:
9-22 Sec. 2254.037. REPORTS. As part of the biennial budgetary
9-23 hearing process conducted by the Legislative Budget Board and the
9-24 governor's Budget and Planning Office, a state agency shall report
9-25 to the Legislative Budget Board and the governor's Budget and
10-1 Planning Office on any actions taken in response to the
10-2 recommendations of any [private] consultant with whom the state
10-3 agency contracts during the previous biennium.
10-4 SECTION 14. Subsection (h), Section 403.071, Government
10-5 Code, is amended to read as follows:
10-6 (h) This subsection applies if the comptroller and a state
10-7 agency have contracted in accordance with Subsection (g). The
10-8 comptroller shall audit claims after payment in the same way that
10-9 the comptroller audits claims before payment under Subsection (a).
10-10 The comptroller may establish requirements and adopt rules
10-11 concerning the time that a state agency must retain documentation
10-12 in its files to enable a postpayment audit. If a postpayment audit
10-13 by the comptroller shows that a claim presented by a state agency
10-14 was invalid, the comptroller may:
10-15 (1) implement procedures to ensure that similar
10-16 invalid claims from the state agency are not paid in the future;
10-17 (2) report to the governor, the lieutenant governor,
10-18 the speaker of the house of representatives, the state auditor, and
10-19 the Legislative Budget Board the results of the audit;
10-20 (3) require the state agency to obtain a refund of the
10-21 monies from the payee;
10-22 (4) cancel the contract with the state agency; and
10-23 (5) reduce the state agency's remaining appropriations
10-24 by the amount of the claim.
10-25 SECTION 15. Section 659.062, Government Code, is amended by
11-1 adding Subsection (e) to read as follows:
11-2 (e) The comptroller may establish procedures and adopt rules
11-3 to administer this section.
11-4 SECTION 16. Subchapter G, Chapter 659, Government Code, is
11-5 amended by adding Section 659.110 to read as follows:
11-6 Sec. 659.110. RULES. The comptroller may establish
11-7 procedures and adopt rules to administer the credit union deduction
11-8 program authorized by this subchapter.
11-9 SECTION 17. Subchapter B, Chapter 661, Government Code, is
11-10 amended by adding Section 661.038 to read as follows:
11-11 Sec. 661.038. RULES. The comptroller may establish
11-12 procedures and adopt rules to administer this subchapter.
11-13 SECTION 18. Subchapter C, Chapter 661, Government Code, is
11-14 amended by adding Section 661.068 to read as follows:
11-15 Sec. 661.068. RULES. The comptroller may establish
11-16 procedures and adopt rules to administer this subchapter.
11-17 SECTION 19. Subchapter D, Chapter 661, Government Code, is
11-18 amended by adding Section 661.094 to read as follows:
11-19 Sec. 661.094. RULES. The comptroller may establish
11-20 procedures and adopt rules to administer this subchapter.
11-21 SECTION 20. Subchapter A, Chapter 662, Government Code, is
11-22 amended by adding Section 662.012 to read as follows:
11-23 Sec. 662.012. RULES. The comptroller may establish
11-24 procedures and adopt rules to administer Sections 662.001-662.010.
11-25 SECTION 21. Subsection (e), Section 57.48, Education Code,
12-1 is amended to read as follows:
12-2 (e) This section does not prohibit the comptroller from
12-3 issuing a warrant to pay the compensation of:
12-4 (1) a state officer or employee; or
12-5 (2) an individual whose compensation is being paid by
12-6 a private person through a state agency.
12-7 SECTION 22. Subdivision (4), Subsection (f), Section 57.48,
12-8 Education Code, is amended to read as follows:
12-9 (4) This subsection does not prohibit a state agency
12-10 from paying the compensation of:
12-11 (A) a state officer or employee; or
12-12 (B) an individual whose compensation is being
12-13 paid by a private person through the agency.
12-14 SECTION 23. Subsection (c), Section 403.055, Government
12-15 Code, is amended to read as follows:
12-16 (c) This section does not prohibit the comptroller from
12-17 issuing a warrant to pay the compensation of:
12-18 (1) a state officer or employee; or
12-19 (2) an individual whose compensation is being paid by
12-20 a private person through a state agency.
12-21 SECTION 24. Subdivision (4), Subsection (e), Section
12-22 403.055, Government Code, is amended to read as follows:
12-23 (4) This subsection does not prohibit a state agency
12-24 from paying the compensation of:
12-25 (A) a state officer or employee; or
13-1 (B) an individual whose compensation is being
13-2 paid by a private person through the agency.
13-3 SECTION 25. Subsection (c), Section 481.0841, Government
13-4 Code, is amended to read as follows:
13-5 (c) This section does not prohibit the comptroller from
13-6 issuing a warrant or initiating an electronic funds transfer to pay
13-7 the compensation of:
13-8 (1) a state officer or employee; or
13-9 (2) an individual whose compensation is being paid by
13-10 a private person through a state agency.
13-11 SECTION 26. Subdivisions (2) and (4), Subsection (d),
13-12 Section 481.0841, Government Code, are amended to read as follows:
13-13 (2) A state agency may not use funds inside or outside
13-14 the state treasury to pay a user if the [agency knows that the]
13-15 user is in default on a loan guaranteed under this subchapter and
13-16 with respect to which the department has been required to honor a
13-17 guarantee.
13-18 (4) This subsection does not prohibit a state agency
13-19 from paying the compensation of:
13-20 (A) a state officer or employee; or
13-21 (B) an individual whose compensation is being
13-22 paid by a private person through the agency.
13-23 SECTION 27. Section 662.001, Government Code, is amended by
13-24 amending Subdivisions (1) and (3) and adding Subdivision (4) to
13-25 read as follows:
14-1 (1) "Part-time state employee" means a state employee
14-2 who normally works fewer [less] than 40 hours each week.
14-3 (3) "State employee" means an employee of a state
14-4 agency or an appointed officer of a state agency whose office is
14-5 not created by the state constitution. The term includes a
14-6 part-time, hourly, or temporary state employee.
14-7 (4) "Workday" means a day on which a state employee is
14-8 normally scheduled to work. The term does not include a national
14-9 or state holiday.
14-10 SECTION 28. Section 662.005, Government Code, is amended to
14-11 read as follows:
14-12 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
14-13 individual who is a [A] state employee on the last workday before
14-14 or the first workday after a national or state holiday, or on both
14-15 workdays, is entitled, except as provided by Section 662.010, to a
14-16 paid day off from working for a state agency [work] on the [each
14-17 national or state] holiday if:
14-18 (1) the holiday [that] does not fall on a Saturday or
14-19 Sunday; and
14-20 (2) the General Appropriations Act does not prohibit
14-21 state agencies from observing the holiday.
14-22 (b) In this [This] section, "state employee":
14-23 (1) includes an individual who uses paid leave from a
14-24 state agency; and
14-25 (2) does not include an individual who uses unpaid
15-1 leave from a state agency [does not apply to a holiday that the
15-2 General Appropriations Act prohibits state agencies from
15-3 observing].
15-4 SECTION 29. Subsections (a) and (b), Section 662.006,
15-5 Government Code, are amended to read as follows:
15-6 (a) An individual who is a [A] state employee on the last
15-7 workday before or the first workday after an optional holiday, or
15-8 on both workdays, is entitled, except as provided by Section
15-9 662.010, to a paid day off from working for a state agency on the
15-10 [each day of an optional] holiday if:
15-11 (1) the holiday [that] does not fall on a Saturday or
15-12 Sunday;
15-13 (2) [if] the employee agrees to give up, during the
15-14 same fiscal year, a state holiday that:
15-15 (A) does not fall on a Saturday or Sunday; and
15-16 (B) the General Appropriations Act does not
15-17 prohibit state agencies from observing; and
15-18 (3) the General Appropriations Act does not prohibit
15-19 state agencies from observing the optional holiday.
15-20 (b) A state employee is entitled to a paid day off from
15-21 working for a state agency on each day of an optional holiday that
15-22 extends for more than one day if the employee:
15-23 (1) qualifies for the paid day off under Subsection
15-24 (a); and
15-25 (2) agrees to give up during the same fiscal year an
16-1 equivalent number of state holidays that:
16-2 (A) do not fall on a Saturday or Sunday; and
16-3 (B) the General Appropriations Act does not
16-4 prohibit state agencies from observing.
16-5 SECTION 30. Subsection (a), Section 662.007, Government
16-6 Code, is amended to read as follows:
16-7 (a) A state employee who is required to work on a national
16-8 or state holiday [that does not fall on a Saturday or Sunday] is
16-9 entitled to compensatory time off during the 12 months after the
16-10 holiday if the state employee is entitled to a paid day off from
16-11 working for a state agency on the holiday under Section 662.005.
16-12 SECTION 31. Section 662.010, Government Code, is amended to
16-13 read as follows:
16-14 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
16-15 (a) An individual who is not a [A] state employee [who begins
16-16 working for a state agency] on the last workday before a state or
16-17 national holiday but who is a state employee on the first workday
16-18 after the holiday may not [of a month is entitled to] be paid for
16-19 the [a state or national] holiday [that occurs before the first
16-20 workday] if it [the holiday:]
16-21 [(1)] occurs during the same month as the last workday
16-22 before the holiday[; and]
16-23 [(2) does not fall on a Saturday or Sunday].
16-24 (b) An individual who is a [A] state employee [who stops
16-25 working for a state agency] on the last workday before a state or
17-1 national holiday but who is not a state employee on the first
17-2 workday after the holiday may not [of a month is entitled to] be
17-3 paid for the [a state or national] holiday [that occurs after the
17-4 last workday] if it [the holiday:]
17-5 [(1)] occurs before the first workday of a month and
17-6 during that [the] month[; and]
17-7 [(2) does not fall on a Saturday or Sunday].
17-8 (c) In this section, "state employee":
17-9 (1) includes an individual who uses paid leave from a
17-10 state agency; and
17-11 (2) does not include an individual who uses unpaid
17-12 leave from a state agency ["workday" means a day on which a state
17-13 employee is normally scheduled to work].
17-14 SECTION 32. Subsections (f), (h), and (i), Section 403.0165,
17-15 Government Code, are amended to read as follows:
17-16 (f) An organization not previously certified may submit an
17-17 application for certification as an eligible state employee
17-18 organization to the comptroller at any time except during the
17-19 period after June 2 and before September 1 [within 90 days prior to
17-20 the beginning of the fiscal year].
17-21 (h) The comptroller may [shall] charge an administrative fee
17-22 to cover the costs incurred as a result of administering this
17-23 section. The administrative [Administrative] fees charged by the
17-24 comptroller shall be paid by each qualifying state employee
17-25 organization on a pro rata basis to be determined by the
18-1 comptroller. The comptroller by rule shall determine the most
18-2 efficient and effective method of collecting the [such
18-3 administrative] fees. [The comptroller shall adopt rules for the
18-4 administration of this section.]
18-5 (i) The comptroller may adopt rules for the administration
18-6 of this section [shall allocate the administrative fees on a
18-7 proportional basis to each employing state agency that incurs costs
18-8 in administering this subsection].
18-9 SECTION 33. Section 659.041, Government Code, is amended to
18-10 read as follows:
18-11 Sec. 659.041. DEFINITIONS. In this subchapter:
18-12 (1) "Appointment" means a job title.
18-13 (2) "Full-time state employee" means:
18-14 (A) a state employee who works in the executive
18-15 or judicial branch of state government, other than a state
18-16 institution of higher education, and who is normally scheduled to
18-17 work a total of at least 40 hours a week for a single state agency
18-18 [in one position]; [or]
18-19 (B) a state employee who works for a state
18-20 institution of higher education and who is normally scheduled to
18-21 work a total of at least 40 hours a week in one position, as
18-22 determined under Section 659.0411; or
18-23 (C) a state employee who works in the
18-24 legislative branch of state government and who is normally
18-25 scheduled to work a total of 40 or more hours a week in all
19-1 positions held in the legislative branch.
19-2 (3) [(2)] "Part-time state employee" means a state
19-3 employee who is not a full-time state employee.
19-4 (4) [(3)] "State employee" means an individual who:
19-5 (A) is covered by Chapter 654;
19-6 (B) holds a line item or exempt position;
19-7 (C) works in a nonacademic position at a state
19-8 institution of higher education at least 20 hours a week for at
19-9 least 4.5 consecutive months; or
19-10 (D) is an hourly employee of the state.
19-11 SECTION 34. Subchapter D, Chapter 659, Government Code, is
19-12 amended by adding Section 659.0411 to read as follows:
19-13 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
19-14 EDUCATION. (a) A state institution of higher education shall
19-15 determine whether a state employee who has more than one
19-16 appointment with the institution holds only one position or holds
19-17 one position for each appointment.
19-18 (b) A board of regents shall determine whether a state
19-19 employee who has an appointment with at least two state
19-20 institutions of higher education under the board's jurisdiction
19-21 holds only one position or holds one position for each appointment.
19-22 (c) A state employee who has an appointment with at least
19-23 two state institutions of higher education holds more than one
19-24 position if those institutions are not governed by the same board
19-25 of regents.
20-1 SECTION 35. Subsections (b) and (c), Section 659.044,
20-2 Government Code, are amended to read as follows:
20-3 (b) The amount increases when the 10th, 15th, 20th, [and]
20-4 25th, 30th, 35th, and 40th years of lifetime service credit are
20-5 accrued.
20-6 (c) An increase is effective beginning with the month
20-7 following the month in which the 10th, 15th, 20th, [and] 25th,
20-8 30th, 35th, and 40th years of lifetime service credit are accrued.
20-9 SECTION 36. Section 659.132, Government Code, is amended to
20-10 read as follows:
20-11 Sec. 659.132. DEDUCTION AUTHORIZED. (a) A state employee
20-12 may authorize a deduction each pay period from the employee's
20-13 salary or wage payment for a charitable contribution as provided by
20-14 this subchapter.
20-15 (b) Except as provided by Subsections (c), (d), and (e), a
20-16 state employee may authorize a deduction only during a state
20-17 employee charitable campaign.
20-18 (c) A state employee who begins working for the state when a
20-19 campaign is not being conducted may authorize a deduction according
20-20 to the comptroller's requirements.
20-21 (d) A state employee who works for a state agency that does
20-22 not allow deduction authorizations under Subsection (i) may
20-23 authorize a deduction that is effective with the first full payroll
20-24 period after the agency is converted to a system in which uniform
20-25 statewide payroll procedures are followed.
21-1 (e) A state employee who works for a state agency that does
21-2 not allow deduction authorizations under Subsection (i) may
21-3 authorize a deduction after transferring from that agency to:
21-4 (1) a state agency that allows deduction
21-5 authorizations even though it may prohibit them under Subsection
21-6 (i); or
21-7 (2) a state agency not covered by Subsection (i).
21-8 (f) A state employee who authorized a deduction while
21-9 working for a state agency may continue the deduction after
21-10 transferring to another state agency if the comptroller's rules for
21-11 continuing the deduction are followed.
21-12 (g) An authorization must direct the comptroller to
21-13 distribute the deducted funds to a participating federation or fund
21-14 and a local campaign manager as prescribed by rule.
21-15 (h) [(c)] A deduction under this subchapter must be in the
21-16 form prescribed by the comptroller.
21-17 (i) [(d)] A state agency other than an institution of higher
21-18 education is not required to permit an employee to authorize a
21-19 deduction under this subchapter until the first full payroll period
21-20 after the agency converts to a system in which uniform statewide
21-21 payroll procedures are followed.
21-22 (j) [(e)] The comptroller by rule may establish a reasonable
21-23 minimum deduction for each pay period.
21-24 SECTION 37. Subsections (a) and (c), Section 659.136,
21-25 Government Code, are amended to read as follows:
22-1 (a) A state employee may revoke or change an authorization
22-2 by giving notice to the employing state agency. A state employee
22-3 may not change the eligible charitable organization designated to
22-4 receive the employee's deductions.
22-5 (c) A revocation or change takes effect on the date
22-6 designated [when it is approved] by the comptroller by rule.
22-7 SECTION 38. Section 659.137, Government Code, is amended to
22-8 read as follows:
22-9 Sec. 659.137. DURATION OF DEDUCTION. (a) A deduction under
22-10 this subchapter begins on the date designated by the comptroller by
22-11 rule.
22-12 (b) A deduction [by a state employee] under this subchapter
22-13 is effective for a maximum of one campaign year and, unless revoked
22-14 or changed under Section 659.136, ends on[:]
22-15 [(1) the first anniversary of] the date designated by
22-16 the comptroller by rule [it begins; or]
22-17 [(2) the effective date of a revocation of or change
22-18 in the authorization by the employee].
22-19 SECTION 39. Subsection (d), Section 659.148, Government
22-20 Code, is amended to read as follows:
22-21 (d) Except as provided by this subsection, the [The]
22-22 comptroller shall charge an administrative fee to cover costs
22-23 incurred by the comptroller and employing state agencies in the
22-24 implementation of this subchapter to the charitable organizations
22-25 participating in the first state employee charitable campaign
23-1 conducted under this subchapter in the same proportion that the
23-2 contributions to that charitable organization bear to the total of
23-3 contributions in that campaign. Except as provided by this
23-4 subsection, the [The] comptroller shall charge an administrative
23-5 fee to cover costs incurred by the comptroller and employing state
23-6 agencies in the administration of this subchapter to the charitable
23-7 organizations in each subsequent state employee charitable campaign
23-8 in the same proportion that the contributions to that charitable
23-9 organization bear to the total of contributions in that campaign.
23-10 The comptroller may decline to charge an administrative fee if the
23-11 comptroller determines the costs that would be covered by the fee
23-12 are insignificant. The comptroller shall determine the most
23-13 efficient and effective method of collecting the administrative fee
23-14 and shall adopt rules for the implementation of this section.
23-15 SECTION 40. Section 659.109, Government Code, is amended to
23-16 read as follows:
23-17 Sec. 659.109. ALLOCATION [AND APPROPRIATION] OF
23-18 ADMINISTRATIVE FEES. [(a)] The state shall allocate and pay to
23-19 each state agency that incurs costs in administering this
23-20 subchapter the agency's proportional amount of the administrative
23-21 fees collected by the state under this subchapter.
23-22 [(b) An administrative fee withheld under this subchapter
23-23 may be used, without further appropriation, by the comptroller and
23-24 the state agencies incurring costs in administering this
23-25 subchapter.]
24-1 SECTION 41. Subsection (a), Section 659.146, Government
24-2 Code, is amended to read as follows:
24-3 (a) To be eligible to participate in a state employee
24-4 charitable campaign, a charitable organization must:
24-5 (1) be governed by a voluntary board of citizens that
24-6 meets at least twice each year to set policy and manage the affairs
24-7 of the organization;
24-8 (2) if the organization's annual budget:
24-9 (A) does not exceed [is less than] $100,000,
24-10 provide a completed Internal Revenue Service Form 990 and an
24-11 accountant's review that offers full and open disclosure of the
24-12 organization's internal operations; or
24-13 (B) exceeds [is equal to or more than] $100,000,
24-14 be audited annually in accordance with generally accepted auditing
24-15 standards of the American Institute of Certified Public
24-16 Accountants; and
24-17 (3) not spend more than 25 percent of its annual
24-18 revenue for administrative and fund-raising expenses.
24-19 SECTION 42. Subdivisions (1) and (3), Section 661.061,
24-20 Government Code, are amended to read as follows:
24-21 (1) "National holiday" includes only those days listed
24-22 under Section 662.003(a). The term does not include a national
24-23 holiday on which a state employee is not entitled to a paid day off
24-24 from work under Section 662.005.
24-25 (3) "State holiday" includes only those days listed
25-1 under Section 662.003(b). The term does not include a state
25-2 holiday on which a state employee is not entitled to a paid day off
25-3 from work under Section 662.005.
25-4 SECTION 43. Subsection (b), Section 661.062, Government
25-5 Code, is amended to read as follows:
25-6 (b) A separation from state employment includes a separation
25-7 in which the employee:
25-8 (1) leaves one state agency to begin working for
25-9 another state agency, if one or more workdays occur between the two
25-10 employments;
25-11 (2) moves from a position in a state agency that
25-12 accrues vacation time to a position in that agency that does not
25-13 accrue vacation time, if the agency agrees to pay the employee for
25-14 the accrued balance of the employee's vacation time;
25-15 (3) moves from a position in a state agency that
25-16 accrues vacation time to a position in another state agency that
25-17 does not accrue vacation time, if the other state agency refuses to
25-18 credit the employee for the balance of the employee's vacation time
25-19 as of the date of the move; [or]
25-20 (4) moves from a position in a state agency that does
25-21 not accrue vacation time to a position in another state agency that
25-22 does not accrue vacation time, if the other state agency is not
25-23 authorized or refuses to credit the employee for the balance of the
25-24 employee's vacation time as of the date of the move; or
25-25 (5) holds two or more positions, and separates from
26-1 one that accrues vacation time.
26-2 SECTION 44. Section 661.063, Government Code, is amended to
26-3 read as follows:
26-4 Sec. 661.063. COMPUTATION OF PAYMENT. (a) Except as
26-5 provided by Subsection (b), the [The] payment to a state employee
26-6 under this subchapter shall be computed by multiplying the
26-7 employee's rate of compensation on the date of separation from
26-8 state employment by the total number of hours of vacation time
26-9 determined under Section 661.064.
26-10 (b) The payment under this subchapter to a state employee
26-11 who separates from state employment while holding a position that
26-12 does not accrue vacation time shall be computed according to this
26-13 subsection. The employee's final rate of compensation in the last
26-14 position held that accrues vacation time shall be multiplied by the
26-15 employee's total number of hours of vacation time determined under
26-16 Section 661.064.
26-17 (c) Under this section, rate of compensation:
26-18 (1) includes an emolument in lieu of base pay for
26-19 which the state employee was eligible [on the last day of
26-20 employment]; and
26-21 (2) does not include longevity or hazardous duty pay.
26-22 SECTION 45. Section 661.064, Government Code, is amended by
26-23 amending Subsection (a) and adding Subsection (c) to read as
26-24 follows:
26-25 (a) This subsection applies except as provided by Subsection
27-1 (c). For a state employee who on the date of separation is
27-2 normally scheduled to work at least 40 hours a week, eight hours
27-3 are to be added to the employee's accrued vacation time for each
27-4 state or national holiday that is scheduled to fall within the
27-5 period after the date of separation and during which the employee
27-6 could have used the time. To determine the period during which
27-7 vacation time could have been used and the number of state or
27-8 national holidays, the employee's vacation time is allocated over
27-9 the workdays after the employee's separation and eight hours are
27-10 added as a state or national holiday occurs during the period.
27-11 (c) For a state employee who is paid under this subchapter
27-12 because the separation from state employment involves a move to a
27-13 position in a state agency that does not accrue vacation time, no
27-14 hours may be added to the employee's accrued vacation time for a
27-15 state or national holiday which is scheduled to fall within the
27-16 period after the date of separation and during which the employee
27-17 could have used the time.
27-18 SECTION 46. Subchapter A, Chapter 662, Government Code, is
27-19 amended by adding Section 662.0071 to read as follows:
27-20 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
27-21 (a) A state agency shall accept the balance of compensatory time
27-22 accrued under Section 662.007 by a state employee who transfers to
27-23 that agency from another state agency if the employee transfers as
27-24 a direct result of:
27-25 (1) the legislature's transfer of legal authority or
28-1 duties from the agency that formerly employed the employee to the
28-2 agency that currently employs the employee; or
28-3 (2) a requirement of the State Council on Competitive
28-4 Government for the agency that formerly employed the employee to
28-5 bid a commercially available service that the agency previously
28-6 performed.
28-7 (b) Subsection (a) does not apply if the transferring state
28-8 employee is required to apply for the new position.
28-9 (c) In this section, "bid" means any process developed by
28-10 the State Council on Competitive Government to provide a
28-11 commercially available service in competition with private
28-12 commercial sources or state agency providers.
28-13 SECTION 47. Section 403.014, Government Code, is amended to
28-14 read as follows:
28-15 Sec. 403.014. REPORT ON EFFECT OF CERTAIN TAX PROVISIONS.
28-16 (a) Before each regular session of the legislature, the
28-17 comptroller shall report to the legislature and the governor on the
28-18 effect, if it is possible to assess, of exemptions, discounts,
28-19 exclusions, special valuations, special accounting treatments,
28-20 special rates, and special methods of reporting relating to:
28-21 (1) sales, excise, and use tax under Chapter 151, Tax
28-22 Code;
28-23 (2) [, and exemptions from and special rates relating
28-24 to] franchise tax under Chapter 171, Tax Code;
28-25 (3) school district property taxes under Title 1, Tax
29-1 Code; and
29-2 (4) any other tax generating more than five percent of
29-3 state tax revenue in the prior fiscal year.
29-4 (b) The report must include:
29-5 (1) an analysis of each special provision that reduces
29-6 the amount of tax payable, to include [and] an estimate of the loss
29-7 of revenue for a six-year period including the current fiscal
29-8 biennium and a citation of the statutory or legal authority for the
29-9 provision; and
29-10 (2) for provisions reducing revenue by more than one
29-11 percent of total revenue for a tax covered by this section, the
29-12 effect of each provision on the distribution of the tax burden by
29-13 income class and industry or business class, as appropriate.
29-14 (c) The report may include:
29-15 (1) an assessment of the intended purpose of the
29-16 provision and whether the provision is achieving that objective;
29-17 and
29-18 (2) a recommendation for retaining, eliminating, or
29-19 amending the provision.
29-20 (d) The report may be included in any other report made by
29-21 the comptroller.
29-22 (e) At the request of the chair of a committee of the senate
29-23 or house of representatives to which has been referred a bill or
29-24 resolution establishing, extending, or restricting an exemption,
29-25 discount, exclusion, special valuation, special accounting
30-1 treatment, special rate, or special method of reporting relating to
30-2 any state tax, the Legislative Budget Board with the assistance, as
30-3 requested, of the comptroller shall prepare a letter analysis of
30-4 the effect on the state's tax revenues that would result from the
30-5 passage of the bill or resolution. The letter analysis shall
30-6 contain the same information as provided in Subsection (b), as
30-7 appropriate.
30-8 (f) [(c)] The comptroller and Legislative Budget Board may
30-9 request from any state officer or agency information necessary to
30-10 complete the report or letter analysis. Each state officer or
30-11 agency shall cooperate with the comptroller and Legislative Budget
30-12 Board in providing information or analysis for the report or letter
30-13 analysis.
30-14 SECTION 48. Subchapter B, Chapter 403, Government Code, is
30-15 amended by adding Section 403.0141 to read as follows:
30-16 Sec. 403.0141. REPORT ON INCIDENCE OF TAX. (a) Before each
30-17 regular session of the legislature, the comptroller shall report to
30-18 the legislature and the governor on the overall incidence of the
30-19 school district property tax and any state tax generating more than
30-20 2.5 percent of state tax revenue in the prior fiscal year. The
30-21 analysis shall report on the distribution of the tax burden for the
30-22 taxes included in the report.
30-23 (b) At the request of the chair of a committee of the senate
30-24 or house of representatives to which has been referred a bill or
30-25 resolution to change the tax system that would increase, decrease,
31-1 or redistribute tax by more than $20 million, the Legislative
31-2 Budget Board with the assistance, as requested, of the comptroller
31-3 shall prepare an incidence impact analysis of the bill or
31-4 resolution. The analysis shall report on the incidence effects
31-5 that would result if the bill or resolution were enacted.
31-6 (c) To the extent data is available, the incidence impact
31-7 analysis under Subsections (a) and (b):
31-8 (1) shall evaluate the tax burden:
31-9 (A) on the overall income distribution, using a
31-10 systemwide incidence measure or other appropriate measures of
31-11 equality and inequality; and
31-12 (B) on income classes, including, at a minimum,
31-13 quintiles of the income distribution, on renters and homeowners, on
31-14 industry or business classes, as appropriate, and on various types
31-15 of business organizations;
31-16 (2) may evaluate the tax burden:
31-17 (A) by other appropriate taxpayer
31-18 characteristics, such as whether the taxpayer is a farmer, rancher,
31-19 retired elderly, or resident or nonresident of the state; and
31-20 (B) by distribution of impact on consumers,
31-21 labor, capital, and out-of-state persons and entities; and
31-22 (3) shall:
31-23 (A) use the broadest measure of economic income
31-24 for which reliable data is available; and
31-25 (B) include a statement of the incidence
32-1 assumptions that were used in making the analysis.
32-2 SECTION 49. Subsection (f), Section 403.016, Government
32-3 Code, is amended to read as follows:
32-4 (f)(1) Except as provided by Subdivision (2) and subject to
32-5 any limitation in rules adopted by the comptroller, an automated
32-6 clearinghouse, or the federal government [Subsection (e)], the
32-7 comptroller may use the electronic funds transfer system to deposit
32-8 payments only to one or more accounts of a payee [payee's account]
32-9 at one or more [a] financial institutions, including credit unions
32-10 [institution].
32-11 (2) The comptroller may also use the electronic funds
32-12 transfer system to deposit a portion of an employee's gross pay
32-13 into the employee's account at a credit union as prescribed by
32-14 Subchapter G, Chapter 659.
32-15 (3) A single electronic funds transfer may contain
32-16 payments to multiple payees. Individual transfers or warrants are
32-17 not required for each payee.
32-18 SECTION 50. Subsection (c), Section 403.248, Government
32-19 Code, is amended to read as follows:
32-20 (c) In this section, "final accounting" means a
32-21 reimbursement from or additional payment to a state officer or
32-22 employee so that the net amount received by the officer or employee
32-23 [advanced from a petty cash account] equals the actual travel
32-24 expenses incurred by the officer or employee.
32-25 SECTION 51. Section 5, Texas Employees Uniform Group
33-1 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
33-2 Code), is amended by adding Subsection (k) to read as follows:
33-3 (k) If the trustee establishes a group coverage plan that
33-4 protects against the long-term or short-term loss of salary, the
33-5 trustee may use an employee's annual salary in the calculation of
33-6 the amount of the employee's premium or coverage, or both, under
33-7 the plan. For purposes of this subsection, an employee's annual
33-8 salary includes the benefit replacement pay the employee would be
33-9 earning annually under Subchapter H, Chapter 659, Government Code,
33-10 as added by Chapter 417, Acts of the 74th Legislature, 1995, if
33-11 Section 659.121(1), Government Code, defined "compensation" to
33-12 include only base salary or wages, longevity pay, hazardous duty
33-13 pay, and night differential pay.
33-14 SECTION 52. Section 11, Texas Employees Uniform Group
33-15 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
33-16 Code), is amended by amending Subsection (c) and adding Subsection
33-17 (d) to read as follows:
33-18 (c) Except as provided by Subsection (d), the [The] trustee
33-19 shall prescribe regulations providing for the conversion of other
33-20 than annual rates of pay, and specify the types of pay included in
33-21 annual pay and all other matters necessary to implement this
33-22 section.
33-23 (d) For the purpose of determining the amount of an
33-24 employee's optional term life insurance coverage, an employee's
33-25 annual salary includes the benefit replacement pay the employee
34-1 would be earning annually under Subchapter H, Chapter 659,
34-2 Government Code, as added by Chapter 417, Acts of the 74th
34-3 Legislature, 1995, if Section 659.121(1), Government Code, defined
34-4 "compensation" to include only base salary or wages, longevity pay,
34-5 hazardous duty pay, and night differential pay.
34-6 SECTION 53. Subdivision (7), Section 811.001, Government
34-7 Code, is amended to read as follows:
34-8 (7) "Compensation" means the base salary of a person;
34-9 [, including] amounts that would otherwise qualify as compensation
34-10 but are not received directly by a [the] person pursuant to a good
34-11 faith, voluntary, written salary reduction agreement in order to
34-12 finance payments to a deferred compensation or tax sheltered
34-13 annuity program specifically authorized by state law or to finance
34-14 benefit options under a cafeteria plan qualifying under Section 125
34-15 of the Internal Revenue Code of 1986 (26 U.S.C. Section 125);[,
34-16 plus] longevity and hazardous duty pay; [and includes] nonmonetary
34-17 compensation, the value of which is determined by the retirement
34-18 system;[, and] amounts by which a [the] person's salary is reduced
34-19 under a salary reduction agreement authorized by Chapter 610; and
34-20 the benefit replacement pay a person earns under Subchapter H,
34-21 Chapter 659, as added by Chapter 417, Acts of the 74th Legislature,
34-22 1995, except for the benefit replacement pay a person earns as a
34-23 result of a payment made under Subchapter B, C, or D, Chapter 661.
34-24 The term[, but] excludes overtime pay.
34-25 SECTION 54. Subsections (b) and (c), Section 822.201,
35-1 Government Code, are amended to read as follows:
35-2 (b) "Salary and wages" as used in Subsection (a) means:
35-3 (1) normal periodic payments of money for service the
35-4 right to which accrues on a regular basis in proportion to the
35-5 service performed;
35-6 (2) amounts by which the member's salary is reduced
35-7 under a salary reduction agreement authorized by Chapter 610; [and]
35-8 (3) amounts that would otherwise qualify as salary and
35-9 wages under Subdivision (1) but are not received directly by the
35-10 member pursuant to a good faith, voluntary written salary reduction
35-11 agreement in order to finance payments to a deferred compensation
35-12 or tax sheltered annuity program specifically authorized by state
35-13 law or to finance benefit options under a cafeteria plan qualifying
35-14 under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
35-15 Section 125), if:
35-16 (A) the program or benefit options are made
35-17 available to all employees of the employer; and
35-18 (B) the benefit options in the cafeteria plan
35-19 are limited to one or more options that provide deferred
35-20 compensation, group health and disability insurance, group term
35-21 life insurance, dependent care assistance programs, or group legal
35-22 services plans; and
35-23 (4) the benefit replacement pay a person earns under
35-24 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
35-25 74th Legislature, 1995, except as provided by Subsection (c).
36-1 (c) Excluded from salary and wages are expense payments,
36-2 allowances, payments for unused vacation or sick leave, maintenance
36-3 or other nonmonetary compensation, fringe benefits, deferred
36-4 compensation other than as provided by Subsection (b)(3),
36-5 compensation that is not made pursuant to a valid employment
36-6 agreement, payments received in the 1995-1996 or a subsequent
36-7 school year for teaching a driver education and traffic safety
36-8 course, the benefit replacement pay a person earns as a result of a
36-9 payment made under Subchapter B or C, Chapter 661, and any
36-10 compensation not described in Subsection (b).
36-11 SECTION 55. Subsection (a), Section 47.09, Penal Code, is
36-12 amended to read as follows:
36-13 (a) It is a defense to prosecution under this chapter that
36-14 the conduct:
36-15 (1) was authorized under:
36-16 (A) the Bingo Enabling Act (Article 179d,
36-17 Vernon's Texas Civil Statutes);
36-18 (B) the Texas Racing Act (Article 179e, Vernon's
36-19 Texas Civil Statutes); or
36-20 (C) the Charitable Raffle Enabling Act (Article
36-21 179f, Revised Statutes);
36-22 (2) consisted entirely of participation in the state
36-23 lottery authorized by Chapter 466, Government Code; or
36-24 (3) was a necessary incident to the operation of the
36-25 state lottery and was directly or indirectly authorized by:
37-1 (A) Chapter 466, Government Code;
37-2 (B) the lottery division of the Texas Lottery
37-3 Commission [comptroller's office];
37-4 (C) the Texas Lottery Commission [comptroller];
37-5 or
37-6 (D) the director of the lottery division of the
37-7 Texas Lottery Commission.
37-8 SECTION 56. Subsection (a), Section 2054.007, Government
37-9 Code, is amended to read as follows:
37-10 (a) The lottery division of the Texas Lottery Commission [in
37-11 the office of the comptroller is not included in the agency
37-12 strategic plan or biennial operating plan of the comptroller. The
37-13 lottery division] is not subject to the planning and procurement
37-14 requirements of this chapter.
37-15 SECTION 57. Section 2103.003, Government Code, is amended to
37-16 read as follows:
37-17 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
37-18 A state agency may spend appropriated funds only by:
37-19 (1) a warrant drawn by:
37-20 (A) the comptroller; or
37-21 (B) a state agency to which the comptroller has
37-22 delegated authority to print warrants under Section 403.060; or
37-23 (2) an electronic funds transfer initiated by [from]
37-24 the comptroller.
37-25 SECTION 58. Subchapter A, Chapter 2103, Government Code, is
38-1 amended by adding Section 2103.0035 to read as follows:
38-2 Sec. 2103.0035. STATE AGENCY SPENDING OF UNAPPROPRIATED
38-3 FUNDS. (a) A state agency may spend unappropriated funds only by:
38-4 (1) a warrant drawn by:
38-5 (A) the comptroller; or
38-6 (B) a state agency to which the comptroller has
38-7 delegated authority to print warrants under Section 403.060; or
38-8 (2) an electronic funds transfer initiated by the
38-9 comptroller.
38-10 (b) Subsection (a) applies only to funds that Section
38-11 404.046 or 404.069 or other law requires to be spent on warrants
38-12 drawn or electronic funds transfers initiated by the comptroller.
38-13 SECTION 59. Section 2103.004, Government Code, is amended to
38-14 read as follows:
38-15 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS
38-16 [WARRANT DRAWN BY COMPTROLLER]. A [The comptroller may not draw a]
38-17 warrant may not be drawn or an electronic funds transfer initiated
38-18 until:
38-19 (1) the state agency from whose appropriated or
38-20 unappropriated funds [appropriation] the warrant or electronic
38-21 funds transfer is payable has submitted a voucher to the
38-22 comptroller;
38-23 (2) the state agency has approved the voucher in
38-24 accordance with this chapter; and
38-25 (3) the comptroller has audited and approved the
39-1 voucher as required by law.
39-2 SECTION 60. Section 2151.002, Government Code, is amended to
39-3 read as follows:
39-4 Sec. 2151.002. DEFINITIONS. Except as otherwise provided by
39-5 [In] this subtitle:
39-6 (1) "Commission" means the General Services
39-7 Commission.
39-8 (2) "State agency" means:
39-9 (A) a department, commission, board, office, or
39-10 other agency in the executive branch of state government created by
39-11 the state constitution or a state statute[, except the Texas
39-12 High-Speed Rail Authority];
39-13 (B) the supreme court, the court of criminal
39-14 appeals, a court of appeals, or the Texas Judicial Council; or
39-15 (C) a university system or an institution of
39-16 higher education as defined by Section 61.003, Education Code,
39-17 except a public junior college.
39-18 SECTION 61. Section 2155.001, Government Code, is amended to
39-19 read as follows:
39-20 Sec. 2155.001. DEFINITIONS. Except as otherwise provided by
39-21 [In] this chapter and Chapters 2156, 2157, and 2158:
39-22 (1) "Goods" means supplies, materials, or equipment.
39-23 (2) "Service" means the furnishing of skilled or
39-24 unskilled labor or professional work, but does not include a:
39-25 (A) professional service subject to Subchapter
40-1 A, Chapter 2254;
40-2 (B) service of a state agency employee;
40-3 (C) consulting service or service of a [private]
40-4 consultant as defined by Subchapter B, Chapter 2254; or
40-5 (D) service of a public utility.
40-6 SECTION 62. Section 2155.321, Government Code, is amended by
40-7 adding Subdivisions (3) and (4) to read as follows:
40-8 (3) "Service" means the furnishing of skilled or
40-9 unskilled labor or professional work but does not include the
40-10 service of a state agency employee.
40-11 (4) "State agency" has the meaning assigned by Section
40-12 2103.001.
40-13 SECTION 63. Subsection (b), Section 2155.322, Government
40-14 Code, is amended to read as follows:
40-15 (b) If state law requires that a payment for the goods or
40-16 services be made on a warrant drawn or an electronic funds transfer
40-17 initiated by the comptroller or a state agency with delegated
40-18 authority under Section 403.060, promptly [Promptly] after the
40-19 later of the receipt of the invoice or the receipt of the goods or
40-20 services, the agency shall send to the comptroller the
40-21 certification, together with the financial information and purchase
40-22 information provided by the invoice and purchase voucher, on a form
40-23 or in the manner agreed to by the comptroller and the commission.
40-24 SECTION 64. Subsection (c), Section 2155.325, Government
40-25 Code, is amended to read as follows:
41-1 (c) For purchases audited after a warrant is issued, the
41-2 comptroller shall send the certification and purchase information
41-3 received by the comptroller under Section 2155.322(b) to the
41-4 commission under commission rules.
41-5 SECTION 65. Section 2101.011, Government Code, is amended to
41-6 read as follows:
41-7 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
41-8 AGENCIES [("100-DAY REPORTS")]. (a) A state agency as defined by
41-9 Section 403.013 shall submit the financial information requested by
41-10 the comptroller and such other information requested by the
41-11 legislature in the General Appropriations Act, including
41-12 information about state funds held outside the state treasury, to:
41-13 (1) the governor;
41-14 (2) the comptroller;
41-15 (3) the Legislative Reference Library [state
41-16 treasurer];
41-17 (4) the state auditor; and
41-18 (5) the Legislative Budget Board.
41-19 (b) A state agency [other than a university system or
41-20 institution of higher education, as defined by Section 61.003,
41-21 Education Code,] shall submit the information to the listed
41-22 officials by the date or dates provided in the General
41-23 Appropriations Act [not later than December 9 of each year. A
41-24 university system or institution of higher education shall submit
41-25 the information to the listed officials not later than the
42-1 following January 1].
42-2 (c) The comptroller may require the reporting of the
42-3 financial information for any entity that the comptroller
42-4 determines is a component unit of a statewide reporting entity in
42-5 accordance with generally accepted accounting principles as
42-6 prescribed or modified by the Governmental Accounting Standards
42-7 Board or its successors. [A state agency is not required to submit
42-8 the information if the comptroller determines the agency is not a
42-9 component unit of state government for purposes of this
42-10 subchapter.]
42-11 SECTION 66. Subsection (a), Section 466.017, Government
42-12 Code, is amended to read as follows:
42-13 (a) The executive director shall provide for a certified
42-14 public accountant to conduct an independent audit for each fiscal
42-15 year of all accounts and transactions of the lottery. The
42-16 certified public accountant may not have, as determined by the
42-17 executive director, a significant financial interest in a sales
42-18 agent, lottery vendor, or lottery operator. The certified public
42-19 accountant shall present an audit report to the executive director,
42-20 the commission, the governor, the comptroller, and the legislature
42-21 not later than the 30th day after the submission date for the
42-22 annual financial report required by the General Appropriations Act
42-23 [April 1 of the year following the fiscal year for which the audit
42-24 was performed]. The report must contain recommendations to enhance
42-25 the earnings capability of the lottery and improve the efficiency
43-1 of lottery operations. The state auditor may review the results of
43-2 and working papers related to the audit.
43-3 SECTION 67. Subsection (a), Section 2306.074, Government
43-4 Code, is amended to read as follows:
43-5 (a) The state auditor or a certified public accountant shall
43-6 audit the department's books and accounts each fiscal year and file
43-7 a copy of the audit with the governor, the comptroller, and the
43-8 legislature not later than the 30th day after the submission date
43-9 for the annual financial report as required by the General
43-10 Appropriations Act [on or before March 1 of each year]. If the
43-11 state auditor is conducting the audit and it is not available by
43-12 the 30th day after the submission date as required by the General
43-13 Appropriations Act for annual financial reporting [March 1], it
43-14 must be filed as soon as it is available.
43-15 SECTION 68. Subsection (a), Section 17, Article 5.76-3,
43-16 Insurance Code, is amended to read as follows:
43-17 (a) The [Not later than March 1 of each subsequent year,
43-18 the] board shall publish an independently audited [a] report
43-19 analyzing the fund's activities and fiscal condition during the
43-20 preceding fiscal year and shall file the report with the Texas
43-21 Department of Insurance. The board shall file the audited report
43-22 with the Texas Department of Insurance for submission
43-23 simultaneously with its [have an independent audit made of the]
43-24 annual financial report. The board's annual financial report shall
43-25 be submitted by the Texas Department of Insurance by the date
44-1 provided for in the General Appropriations Act.
44-2 SECTION 69. Subsections (a) through (d), Section 403.021,
44-3 Government Code, are amended to read as follows:
44-4 (a) A state agency that expends appropriated funds shall
44-5 report into the uniform statewide accounting system all payables
44-6 and estimated encumbrances for the first three quarters of the
44-7 current appropriation year within 30 days after the close of each
44-8 quarter and submit a binding encumbrance report to the comptroller,
44-9 [and] the state auditor, and the Legislative Budget Office no later
44-10 than October 30 of each year.
44-11 (b) Payables and binding encumbrances must be reported for
44-12 all appropriations [The report must indicate the unencumbered
44-13 balance, if any, of each nonconstruction appropriation for the
44-14 preceding fiscal year. The report must be made] in the format that
44-15 the comptroller prescribes. [The comptroller may reject a report
44-16 if it does not contain sufficient information or comply with the
44-17 comptroller's prescribed format.]
44-18 (c) On October 1 [31] of each fiscal year, the comptroller
44-19 shall lapse all unencumbered nonconstruction appropriation balances
44-20 for all prior appropriation years based on the payables and binding
44-21 encumbrances reported [information in the binding encumbrance
44-22 reports].
44-23 (d) If an agency submits a valid claim against a prior
44-24 year's appropriation 30 days or more after the reporting due date
44-25 [has not submitted a report by October 31, the comptroller shall
45-1 lapse the unexpended balance of the agency's appropriations. If
45-2 the agency subsequently submits a report], the comptroller shall
45-3 reinstate the agency's appropriations to the extent of the claim
45-4 [they were encumbered but unexpended].
45-5 SECTION 70. Section 403.031, Government Code, is amended by
45-6 adding Subsection (c) to read as follows:
45-7 (c) The comptroller, in consultation with the state auditor
45-8 and the attorney general, may develop standards and criteria to
45-9 account for or to reclassify receivables determined to be
45-10 uncollectible. The standards and criteria developed by the
45-11 comptroller must comply with generally accepted accounting
45-12 principles as prescribed or modified by the Governmental Accounting
45-13 Standards Board or its successors and must provide proper
45-14 accounting controls to protect state finances. The state auditor
45-15 and the attorney general shall review and approve the standards and
45-16 criteria for classification of receivables. Receivables may be
45-17 reclassified as collectible or uncollectible according to the
45-18 process approved by the state auditor or on a case-by-case basis as
45-19 determined or approved by that office. The classification of
45-20 receivables as uncollectible under this subsection does not
45-21 constitute forgiveness of the debt, and any person indebted to the
45-22 state remains subject to Section 403.055.
45-23 SECTION 71. Section 183.023, Tax Code, is amended to read as
45-24 follows:
45-25 Sec. 183.023. PAYMENT. The tax due for the preceding month
46-1 shall accompany the return and shall be payable to the state. The
46-2 comptroller shall deposit the revenue in the general revenue [mixed
46-3 beverage tax clearance] fund.
46-4 SECTION 72. Subsection (d), Section 74.006, Human Resources
46-5 Code, is amended to read as follows:
46-6 (d) Money in the trust fund may be invested and shall be
46-7 accounted for separately from other funds in the treasury. The
46-8 council may direct the investment of funds consistent with the
46-9 comptroller's authority to invest funds under Section 404.024,
46-10 Government Code. After the deduction of investment related
46-11 expenses, net income and interest [Interest] earned on money in the
46-12 trust fund shall be deposited to the credit of the trust fund.
46-13 SECTION 73. Subsection (b), Section 403.003, Government
46-14 Code, is amended to read as follows:
46-15 (b) The chief clerk shall take the official oath and give
46-16 bond in the amount of $70,000 [$10,000], payable in the same manner
46-17 as the comptroller's bond, and conditioned on the faithful
46-18 performance of the duties of the office.
46-19 SECTION 74. Section 14, Texas State College and University
46-20 Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
46-21 Texas Insurance Code), is amended to read as follows:
46-22 Sec. 14. ADMINISTRATIVE COSTS. No employee covered under
46-23 the provisions of this Act shall be required to pay out of the
46-24 amount of employer contributions due him or out of the amount of
46-25 his additional premiums due for selected coverages the expenses of
47-1 the committees established in this Act; however, expenses for the
47-2 administration of the self-insured plan as provided in Section 4(d)
47-3 of this Act may come from the contributions of employees and the
47-4 state after payments for any coverages provided for under this Act
47-5 have been made[, any administrative costs, fees, or tax whatsoever
47-6 to pay expenses of a state institution or committees as herein
47-7 established for administering this Act]. The duties of each member
47-8 of the advisory committees shall be considered additional duties to
47-9 those required of his other state office or employment, and all
47-10 expenses incurred by any such member in performing his duties as a
47-11 member of the committee shall be paid out of funds made available
47-12 for those purposes to the institution of which the member is an
47-13 employee or officer.
47-14 SECTION 75. Subchapter A, Chapter 403, Government Code, is
47-15 amended by adding Section 403.008 to read as follows:
47-16 Sec. 403.008. BONDS AND EMPLOYEES. (a) In addition to
47-17 other bonds required by this chapter, the comptroller shall give
47-18 any special bond required by an Act of Congress or a federal
47-19 department or official to protect federal funds deposited with the
47-20 comptroller. The state shall pay the expenses necessary and
47-21 incidental to the execution of the bond.
47-22 (b) The comptroller shall appoint other employees that are
47-23 authorized by law. Employees who as part of their duties handle
47-24 money, drafts, checks, bills of exchange, warrants, securities, or
47-25 other evidences of debt that are or may be convertible into money,
48-1 or other valuable property shall execute a bond that is issued by a
48-2 good and solvent surety company authorized to do business in this
48-3 state, payable to the comptroller in the sum that the comptroller
48-4 requires, and conditioned on the faithful performance of the duties
48-5 of the employee's position. The comptroller also may require an
48-6 employee to be insured in the manner and sum required by the
48-7 comptroller.
48-8 (c) The state shall pay any expense incident to the
48-9 execution of the bonds and any insurance of the chief clerk and
48-10 other employees.
48-11 SECTION 76. Subchapter B, Chapter 403, Government Code, is
48-12 amended by adding Sections 403.026 and 403.027 to read as follows:
48-13 Sec. 403.026. ELECTRONIC STORAGE AND MAINTENANCE OF RECORDS.
48-14 (a) The comptroller may store and maintain a state record or an
48-15 essential record in an electronic storage format if:
48-16 (1) the method used to store and maintain the record
48-17 allows accurate reproduction of the record;
48-18 (2) the method used to store and maintain the record
48-19 conforms to any standards prescribed by the records preservation
48-20 officer to conform to any applicable rules of the National
48-21 Institute of Standards and Technology, unless those standards
48-22 conflict with the provisions of this section; and
48-23 (3) the place and manner of safekeeping the medium or
48-24 equipment on which the record is stored and maintained conforms
48-25 with the records preservation officer's requirements under Section
49-1 441.059(a), except that the records preservation officer may not
49-2 prohibit the comptroller from retaining possession of that medium
49-3 or equipment.
49-4 (b) An accurate reproduction of a state record that is
49-5 stored and maintained according to this section is a preservation
49-6 duplicate of the record for the purposes of Sections 441.058 and
49-7 441.059, regardless of whether the records preservation officer:
49-8 (1) made the reproduction; or
49-9 (2) designated the reproduction as a preservation
49-10 duplicate.
49-11 (c) An accurate reproduction of an essential record that is
49-12 stored and maintained according to this section is a photographic
49-13 reproduction of the record for purposes of Section 441.038(f).
49-14 (d) An accurate reproduction of a state record or an
49-15 essential record may be stored in tangible or intangible form,
49-16 including an electronic or optical image of the record.
49-17 (e) In this section:
49-18 (1) "Essential record" means written or graphic
49-19 material that is made or received by the comptroller in the conduct
49-20 of official state business and that is filed or intended to be
49-21 preserved permanently or for a definite period as a record of that
49-22 business.
49-23 (2) "Records preservation officer" means the director
49-24 of the records management division of the Texas State Library.
49-25 (3) "State record" means a document, book, paper,
50-1 photograph, sound recording, or other material, regardless of
50-2 physical form or characteristic, that is made or received by the
50-3 comptroller according to law or in connection with the transaction
50-4 of official state business.
50-5 Sec. 403.027. DIGITAL SIGNATURES. (a) The comptroller may
50-6 establish a procedure for a person to provide a digital signature
50-7 for any document or data submitted to the comptroller if the
50-8 comptroller determines the procedure will provide a degree of
50-9 security and authenticity at least equal to that provided by a
50-10 manual signature.
50-11 (b) A digital signature provided according to a procedure
50-12 established under this section has the same legal force and effect
50-13 for all purposes as a manual signature.
50-14 (c) This section does not apply to the electronic submission
50-15 and approval of vouchers under Chapter 2103.
50-16 SECTION 77. Section 411.109, Government Code, is amended to
50-17 read as follows:
50-18 Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
50-19 COMPTROLLER [STATE TREASURER]. (a) The comptroller [treasurer] is
50-20 entitled to obtain from the department criminal history record
50-21 information maintained by the department that the comptroller
50-22 [treasurer] believes is necessary for the enforcement or
50-23 administration of Chapter 154 or Chapter 155, Tax Code, including
50-24 criminal history record information that relates to a person who
50-25 is:
51-1 (1) an applicant for a permit under Chapter 154 or
51-2 Chapter 155, Tax Code;
51-3 (2) a permit holder under either of those chapters;
51-4 (3) an officer, director, stockholder owning 10
51-5 percent or more of the outstanding stock, partner, owner, or
51-6 managing employee of an applicant or permit holder under either of
51-7 those chapters that is a corporation, association, joint venture,
51-8 syndicate, partnership, or proprietorship;
51-9 (4) believed to have violated Chapter 154 or Chapter
51-10 155, Tax Code; or
51-11 (5) being considered by the comptroller [treasurer]
51-12 for employment as a peace officer.
51-13 (b) The comptroller is entitled to obtain from the
51-14 department criminal history record information maintained by the
51-15 department that relates to a person who is an employee of or an
51-16 applicant for employment with the comptroller's office in a
51-17 position that involves:
51-18 (1) handling currency, checks, or other funds;
51-19 (2) having access to taxpayer account information;
51-20 (3) working in a location designated by the
51-21 comptroller as a security-sensitive area; or
51-22 (4) performing financial management duties designated
51-23 by the comptroller as security sensitive.
51-24 (c) Criminal history record information obtained by the
51-25 comptroller [treasurer] under Subsections [Subsection] (a) and (b)
52-1 may not be released or disclosed to any person except on court
52-2 order or as provided by Subsection (d) [(c)].
52-3 (d) [(c)] The comptroller [treasurer] is not prohibited from
52-4 disclosing to a person who is the subject of criminal history
52-5 record information the dates and places of arrests, the offenses,
52-6 and the dispositions in the criminal history record information.
52-7 SECTION 78. Chapter 612, Government Code, is amended by
52-8 adding Section 612.004 to read as follows:
52-9 Sec. 612.004. LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS,
52-10 OFFICIALS, AND EXECUTIVE MANAGEMENT STAFF. (a) A state agency
52-11 governed by a board may purchase or acquire liability insurance to
52-12 protect members of the board and the agency's executive management
52-13 staff.
52-14 (b) A state agency governed by an appointed or elected
52-15 official may purchase or acquire liability insurance to protect the
52-16 official and the agency's executive management staff.
52-17 (c) Insurance purchased or acquired by a state agency under
52-18 this section may:
52-19 (1) protect against any type of liability to third
52-20 persons that may be incurred while conducting agency business; and
52-21 (2) provide for all costs of defending against that
52-22 liability, including court costs and attorney's fees.
52-23 (d) This section does not authorize the purchase or
52-24 acquisition of insurance to protect against liability other than
52-25 liability described by Subsection (c).
53-1 (e) A state agency may use any available funds to purchase
53-2 or acquire insurance under this section. A specific statement by
53-3 the legislature that a particular appropriation of funds may be
53-4 used to purchase or acquire insurance is not a prerequisite to
53-5 using funds to purchase or acquire insurance under this section.
53-6 (f) In this section:
53-7 (1) "Board" includes a board, commission, council,
53-8 committee, or other group of individuals.
53-9 (2) "State agency" means a department, board,
53-10 commission, committee, council, agency, office, or other entity in
53-11 the executive, legislative, or judicial branch of state government,
53-12 the jurisdiction of which is not limited to a geographical portion
53-13 of the state. The term includes an institution of higher education
53-14 as defined by Section 61.003, Education Code.
53-15 SECTION 79. Subsection (b), Section 2101.031, Government
53-16 Code, is amended to read as follows:
53-17 (b) The project includes each component of the uniform
53-18 statewide accounting system as designed in accordance with Chapter
53-19 852, Acts of the 70th Legislature, Regular Session, 1987, as
53-20 defined by Section 1, Chapter 781, Acts of the 71st Legislature,
53-21 Regular Session, 1989, and as developed or revised by the
53-22 comptroller [project advisory committee], including:
53-23 (1) the uniform statewide accounting system (USAS) and
53-24 related subsystems;
53-25 (2) the uniform statewide payroll system (USPS); and
54-1 (3) the human resource information system (HRIS)[;]
54-2 [(4) the budget execution and monitoring system
54-3 (BEAMS); and]
54-4 [(5) the statewide telecommunication network system].
54-5 SECTION 80. Section 2101.035, Government Code, is amended by
54-6 amending Subsection (d) and adding Subsections (e), (f), and (g) to
54-7 read as follows:
54-8 (d) The comptroller shall ensure that the uniform statewide
54-9 accounting system encompasses each state agency. [The comptroller
54-10 may, after consulting with the project advisory committee, exclude
54-11 any state agency from the centralized computation function of the
54-12 statewide payroll component of the system.]
54-13 (e) The comptroller shall ensure that the uniform statewide
54-14 payroll system includes a standardized payroll calculation
54-15 function. A state agency shall use that function to calculate its
54-16 payrolls unless the comptroller temporarily exempts the agency from
54-17 this requirement.
54-18 (f) The comptroller may designate a centralized or
54-19 decentralized computer system, or a combination of those systems,
54-20 to operate the uniform statewide accounting system or a component
54-21 of that system, including the uniform statewide payroll system and
54-22 the human resources information system. A designated computer
54-23 system may be operated by the comptroller, another governmental
54-24 entity, or a private contractor.
54-25 (g) If the comptroller designates a decentralized computer
55-1 system under Subsection (f), the comptroller may require each state
55-2 agency using that system to report data and other information from
55-3 the system to the comptroller at the time and in the manner
55-4 required by the comptroller.
55-5 SECTION 81. Subchapter C, Chapter 2101, Government Code, is
55-6 amended by adding Sections 2101.0375 and 2101.0376 to read as
55-7 follows:
55-8 Sec. 2101.0375. WITHHOLDING OF TRAVEL EXPENSE REIMBURSEMENTS
55-9 FOR LATE OR IMPROPER REPORTING. (a) The comptroller may withhold
55-10 all reimbursements for the travel expenses incurred by the chief
55-11 administrative officer of a state agency whose report under this
55-12 subchapter is not properly received by the comptroller on or before
55-13 the comptroller's deadline.
55-14 (b) The comptroller may withhold all reimbursements for the
55-15 travel expenses incurred by the officers and employees of a state
55-16 agency whose report under this subchapter is not properly received
55-17 by the comptroller on or before the 30th day after the
55-18 comptroller's deadline.
55-19 (c) The comptroller may prohibit a state agency from using
55-20 local funds to reimburse the travel expenses incurred by:
55-21 (1) the agency's chief administrative officer if the
55-22 agency's report under this subchapter is not properly received by
55-23 the comptroller on or before the comptroller's deadline; or
55-24 (2) the agency's officers or employees if the agency's
55-25 report under this subchapter is not properly received by the
56-1 comptroller on or before the 30th day after the comptroller's
56-2 deadline.
56-3 (d) Immediately after the comptroller determines that a
56-4 state agency's report has been properly received, the comptroller
56-5 shall:
56-6 (1) release each travel expense reimbursement that the
56-7 comptroller withheld under Subsection (a) or (b); and
56-8 (2) rescind any prohibition that the comptroller
56-9 issued under Subsection (c).
56-10 (e) A travel expense reimbursement is subject to withholding
56-11 under Subsection (a), (b), or (c) regardless of when the expense is
56-12 incurred. A travel expense reimbursement is subject to withholding
56-13 under Subsection (a) or (b) regardless of whether the reimbursement
56-14 is payable to an individual or a state agency.
56-15 (f) A report is properly received under this section if the
56-16 report complies with the format, submission method, content, and
56-17 other requirements of the comptroller and this subchapter.
56-18 (g) In this section:
56-19 (1) "Chief administrative officer" means:
56-20 (A) the appointed or elected individual who is
56-21 authorized by law to administer a state agency that is not headed
56-22 by a governing body; or
56-23 (B) the executive director or other individual
56-24 with an equivalent title who administers a state agency headed by a
56-25 governing body.
57-1 (2) "Local funds" means funds that are not expended on
57-2 warrants drawn or electronic funds transfers initiated by the
57-3 comptroller.
57-4 (3) "State agency" does not include:
57-5 (A) a state agency under the direct supervision
57-6 and control of the governor, the secretary of state, the
57-7 comptroller, the Commissioner of the General Land Office, or the
57-8 attorney general if the agency is not headed by a governing body;
57-9 (B) a state agency in the legislative or
57-10 judicial branch of government;
57-11 (C) the Department of Agriculture; or
57-12 (D) the Railroad Commission of Texas.
57-13 Sec. 2101.0376. ADMINISTRATIVE PENALTIES FOR LATE OR
57-14 IMPROPER REPORTING. (a) The comptroller may impose an
57-15 administrative penalty against a state agency if the comptroller:
57-16 (1) is late in submitting a statewide report or
57-17 submits an incomplete statewide report; and
57-18 (2) determines that the statewide report is late or
57-19 incomplete because a report from the agency under this subchapter
57-20 was not properly received by the comptroller on or before the
57-21 comptroller's deadline.
57-22 (b) A penalty imposed under Subsection (a) may be in an
57-23 amount not to exceed $2,000 for each report that is not properly
57-24 received by the comptroller on or before the comptroller's
57-25 deadline.
58-1 (c) A state agency shall ensure that the comptroller
58-2 receives payment of a penalty imposed under Subsection (a) not
58-3 later than the 30th day after the date the agency receives notice
58-4 of the penalty. The comptroller shall deposit the payment to the
58-5 credit of the general revenue fund.
58-6 (d) A report is properly received under this section if the
58-7 report complies with the format, submission method, content, and
58-8 other requirements of the comptroller and this subchapter.
58-9 (e) The comptroller may adopt rules to administer this
58-10 section.
58-11 (f) In this section, "statewide report" means a report
58-12 periodically submitted by the comptroller to the legislature, the
58-13 state auditor, or another state officer or agency that provides
58-14 statistical or financial information about the state agencies or
58-15 their officers and employees.
58-16 (g) "State agency" does not include:
58-17 (1) a state agency under the direct supervision and
58-18 control of the governor, the secretary of state, the comptroller,
58-19 the Commissioner of the General Land Office, or the attorney
58-20 general if the agency is not headed by a governing body;
58-21 (2) a state agency in the legislative or judicial
58-22 branch of government;
58-23 (3) the Department of Agriculture; or
58-24 (4) the Railroad Commission of Texas.
58-25 SECTION 82. Section 2101.038, Government Code, is amended to
59-1 read as follows:
59-2 Sec. 2101.038. DUTIES OF STATE AUDITOR. The state auditor,
59-3 when reviewing the operation of a state agency, shall audit for
59-4 compliance with the uniform statewide accounting system, the
59-5 comptroller's rules, and the Legislative Budget Board's performance
59-6 and workload measures. The state auditor shall notify [the project
59-7 advisory committee,] the comptroller, the governor, and the
59-8 Legislative Budget Board as soon as practicable when a state agency
59-9 is not in compliance.
59-10 SECTION 83. Section 2101.039, Government Code, is amended to
59-11 read as follows:
59-12 Sec. 2101.039. CONTRACTS; EXEMPTION. [(a)] Contracts made
59-13 under this subchapter are not subject to:
59-14 (1) Subtitle D, Title 10 [the State Purchasing and
59-15 General Services Act (Article 601b, Vernon's Texas Civil
59-16 Statutes)];
59-17 (2) Chapter 2254; or
59-18 (3) Chapter 2054.
59-19 [(b) The project director must submit all proposed contracts
59-20 for professional or consulting services and all proposed purchases
59-21 of computer equipment or software to the project advisory committee
59-22 for review and recommendation before procurement.]
59-23 SECTION 84. The chapter heading to Chapter 556, Government
59-24 Code, is amended to read as follows:
60-1 CHAPTER 556. POLITICAL ACTIVITIES BY STATE AGENCIES AND
60-2 EMPLOYEES
60-3 SECTION 85. Section 556.002, Government Code, is amended to
60-4 read as follows:
60-5 Sec. 556.002. EXCEPTION. Except for Section 556.006, this
60-6 [This] chapter does not apply to an individual employed by the
60-7 Department of Public Safety.
60-8 SECTION 86. Chapter 556, Government Code, is amended by
60-9 adding Section 556.006 to read as follows:
60-10 Sec. 556.006. LEGISLATIVE LOBBYING. (a) A state agency may
60-11 not use appropriated money to attempt to influence the passage or
60-12 defeat of a legislative measure.
60-13 (b) This section does not prohibit a state officer or
60-14 employee from using state resources to provide public information
60-15 or to provide information responsive to a request.
60-16 SECTION 87. Chapter 772, Government Code, is amended by
60-17 adding Section 772.0031 to read as follows:
60-18 Sec. 772.0031. HUMAN RESOURCE TASK FORCE. (a) The Human
60-19 Resource Task Force is composed of a representative of:
60-20 (1) the governor's office, appointed by the governor;
60-21 (2) the state auditor's office, appointed by the state
60-22 auditor;
60-23 (3) the comptroller's office, appointed by the
60-24 comptroller;
60-25 (4) the attorney general's office, appointed by the
61-1 attorney general;
61-2 (5) the Commission on Human Rights, appointed by the
61-3 presiding officer of that agency;
61-4 (6) the Employees Retirement System of Texas,
61-5 appointed by the presiding officer of the board of trustees of that
61-6 agency;
61-7 (7) the Texas Workforce Commission, appointed by the
61-8 presiding officer of that agency;
61-9 (8) the Texas Workers' Compensation Commission,
61-10 appointed by the presiding officer of that agency;
61-11 (9) the Legislative Budget Board, appointed by the
61-12 presiding officer of the board;
61-13 (10) the State Agency Coordinating Council, appointed
61-14 by the presiding officer of that entity;
61-15 (11) the Texas Small State Agency Task Force,
61-16 appointed by the presiding officer of that entity;
61-17 (12) the Texas State Personnel Administrators
61-18 Association, appointed by the presiding officer of that entity; and
61-19 (13) each eligible state employee organization
61-20 certified by the comptroller under Section 403.0165, who must be
61-21 the chief elected representative of the organization.
61-22 (b) The representatives of the State Agency Coordinating
61-23 Council, the Texas Small State Agency Task Force, and the Texas
61-24 State Personnel Administrators Association serve as nonvoting
61-25 members of the Human Resource Task Force.
62-1 (c) The representative of the governor's office serves as
62-2 the presiding officer of the task force.
62-3 (d) The task force shall meet at the call of the presiding
62-4 officer.
62-5 (e) A member of the task force is not entitled to
62-6 compensation but is entitled to reimbursement of travel expenses
62-7 incurred by the member while conducting the business of the task
62-8 force, as provided by the General Appropriations Act. The
62-9 appointing entity is responsible for the reimbursement of the
62-10 entity's appointee.
62-11 (f) The member entities of the task force shall provide the
62-12 staff for the task force.
62-13 (g) The task force shall:
62-14 (1) identify and develop strategies to coordinate
62-15 personnel policies and information dissemination within state
62-16 government;
62-17 (2) propose a method for the sharing and coordination
62-18 of human resource training activities among state agencies; and
62-19 (3) develop a "best practices" personnel manual to
62-20 assist state agencies in developing, adapting, and revising human
62-21 resource policies and implementing new programs.
62-22 (h) Not later than December 1, 1998, the task force shall
62-23 submit to the legislature a report on the task force's
62-24 recommendations and a draft of the "best practices" personnel
62-25 manual.
63-1 (i) This section expires and the Human Resource Task Force
63-2 is abolished September 1, 1999.
63-3 SECTION 88. Chapter 651, Government Code, is amended by
63-4 adding Section 651.004 to read as follows:
63-5 Sec. 651.004. MANAGEMENT-TO-STAFF RATIOS. (a) A state
63-6 agency shall develop procedures for use in achieving a
63-7 management-to-staff ratio of one manager for each 11 staff members.
63-8 (b) In this section, "state agency" has the meaning assigned
63-9 by Section 2052.101.
63-10 SECTION 89. Subsections (a) and (b), Section 2052.103,
63-11 Government Code, are amended to read as follows:
63-12 (a) Not later than the last day of the first month following
63-13 each quarter of the fiscal year, a state agency shall file with the
63-14 state auditor a written report that provides for that fiscal
63-15 quarter:
63-16 (1) the number of full-time equivalent state employees
63-17 employed by the agency and paid from funds in the state treasury;
63-18 (2) the number of full-time equivalent state employees
63-19 employed by the agency and paid from funds outside of the state
63-20 treasury;
63-21 (3) the increase or decrease, if any, of the number of
63-22 full-time equivalent employees from the fiscal quarter preceding
63-23 the quarter covered by the report;
63-24 (4) the number of positions of the agency paid from
63-25 funds in the state treasury;
64-1 (5) the number of positions of the agency paid from
64-2 funds outside of the state treasury; [and]
64-3 (6) the number of individuals who performed services
64-4 for the agency under a contract, including consultants and
64-5 individuals employed under contracts with temporary help services;
64-6 and
64-7 (7) the number of managers, supervisors, and staff.
64-8 (b) The report must be made in the manner prescribed by the
64-9 state auditor and include:
64-10 (1) an annotated organizational chart depicting the
64-11 total number of full-time equivalent employees, without regard to
64-12 the source of funds used to pay all or part of the salary of an
64-13 employee, and the total number of managers, supervisors, and staff
64-14 for each functional area in the state agency;
64-15 (2) the management-to-staff ratio for each functional
64-16 area; and
64-17 (3) a separate organizational chart that summarizes
64-18 the categories of employees in the agency's regional offices
64-19 without regard to the source of funds used to pay all or part of
64-20 the salary of an employee.
64-21 SECTION 90. (a) Sections 403.005, 403.016(e), 403.0165(j),
64-22 2101.032, 2101.035(b), and 2103.032(c), Government Code, are
64-23 repealed.
64-24 (b) Sections 403.021(f) and 404.042, Government Code, are
64-25 repealed.
65-1 SECTION 91. This Act takes effect immediately, except that
65-2 Sections 1, 42 through 46, 50 through 54, 65 through 75, 81, and
65-3 90(b) of this Act take effect September 1, 1997.
65-4 SECTION 92. (a) The changes in law made by Sections 43 and
65-5 44 of this Act apply only to a separation from state employment
65-6 that occurs on or after the effective date of those sections. A
65-7 separation that occurs before that date is governed by the law in
65-8 effect at the time of the separation, and the former law is
65-9 continued in effect for that purpose.
65-10 (b) The changes in law made by Sections 51 and 52 of this
65-11 Act apply only to coverages for periods on or after the effective
65-12 date of those sections. The coverages for periods before that date
65-13 are governed by the law as it existed immediately before the
65-14 effective date of those sections, and the former law is continued
65-15 in effect for that purpose.
65-16 (c) The changes in law made by Section 81 of this Act apply
65-17 to a state agency report that the comptroller has not properly
65-18 received according to the applicable deadline, regardless of
65-19 whether the deadline was before, on, or after the effective date of
65-20 Section 81 of this Act. The changes in law do not apply to a state
65-21 agency report that the comptroller properly received before the
65-22 effective date of Section 81 of this Act.
65-23 SECTION 93. The importance of this legislation and the
65-24 crowded condition of the calendars in both houses create an
65-25 emergency and an imperative public necessity that the
66-1 constitutional rule requiring bills to be read on three several
66-2 days in each house be suspended, and this rule is hereby suspended,
66-3 and that this Act take effect and be in force according to its
66-4 terms, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 645 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 28, 1997, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 645 passed the House, with
amendments, on May 25, 1997, by the following vote: Yeas 143,
Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor