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