By Armbrister S.B. No. 645
75R3412 MLS-F
A BILL TO BE ENTITLED
1-1 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. Section 659.083(c), Government Code, is amended
1-7 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. Section 465.008(b), Government Code, is amended
1-15 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
2-1 provide services in connection with formulation or submission of
2-2 two or more siting proposals under this chapter, except that in
2-3 selecting the consultant the commission shall give the preference
2-4 required by Section 2254.027(2) [3(b)(2) of that chapter].
2-5 SECTION 3. Section 2254.021, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 2254.021. DEFINITIONS. In this subchapter:
2-8 (1) "Consulting service" means the service of studying
2-9 or advising a state agency under a contract that does not involve
2-10 the traditional relationship of employer and employee.
2-11 (2) "Major consulting services contract" means a
2-12 consulting services contract for which it is reasonably foreseeable
2-13 that the value of the contract will exceed $10,000.
2-14 (3) "Consultant" ["Private consultant"] means a person
2-15 that provides or proposes to provide a consulting service. The
2-16 term includes a political subdivision but does not include the
2-17 federal government, a state agency, or a state governmental entity.
2-18 (4) "Political subdivision" means:
2-19 (A) a county;
2-20 (B) an incorporated or unincorporated
2-21 municipality;
2-22 (C) a public junior college;
2-23 (D) a public school district or other
2-24 educational or rehabilitative district;
2-25 (E) a metropolitan or regional transit
2-26 authority;
2-27 (F) an airport authority;
3-1 (G) a river authority or compact;
3-2 (H) a regional planning commission, a council of
3-3 governments, or a similar regional planning agency created under
3-4 Chapter 391, Local Government Code;
3-5 (I) the Edwards Aquifer Authority or a district
3-6 governed by Title 4, Water Code;
3-7 (J) a soil and water conservation district;
3-8 (K) a county or municipal improvement district;
3-9 (L) a county road or road utility district;
3-10 (M) a county housing authority;
3-11 (N) an emergency services or communications
3-12 district;
3-13 (O) a fire prevention district;
3-14 (P) a public health or hospital authority or
3-15 district;
3-16 (Q) a mosquito control district;
3-17 (R) a special waste district;
3-18 (S) a rural rail transportation district; or
3-19 (T) any other local government or special
3-20 district of this state.
3-21 (5) "State agency" has the meaning assigned by Section
3-22 2151.002(2) [1.02, State Purchasing and General Services Act
3-23 (Article 601b, Vernon's Texas Civil Statutes)].
3-24 (6) "State governmental entity" means a state
3-25 department, commission, board, office, institution, facility, or
3-26 other agency the jurisdiction of which is not limited to a
3-27 geographical portion of the state. The term includes a university
4-1 system and an institution of higher education, other than a public
4-2 junior college, as defined by Section 61.003, Education Code. The
4-3 term does not include a political subdivision.
4-4 SECTION 4. Section 2254.022, Government Code, is amended to
4-5 read as follows:
4-6 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
4-7 subchapter shall be interpreted to ensure:
4-8 (1) the greatest and fairest competition in the
4-9 selection by state agencies of [private] consultants; and
4-10 (2) the giving of notice to all potential [private]
4-11 consultants of the need for and opportunity to provide consulting
4-12 services.
4-13 (b) This subchapter does not:
4-14 (1) discourage state agencies from using [private]
4-15 consultants if the agencies reasonably foresee that the use of
4-16 [private] consultants will produce a more efficient and less costly
4-17 operation or project;
4-18 (2) prohibit the making of a sole-source contract for
4-19 consulting services if a proposal is not received from a competent,
4-20 knowledgeable, and qualified [private] consultant at a reasonable
4-21 fee, after compliance with this subchapter; or
4-22 (3) require or prohibit the use of competitive bidding
4-23 procedures to purchase consulting services.
4-24 SECTION 5. Sections 2254.025(a), (b), and (e), Government
4-25 Code, are amended to read as follows:
4-26 (a) The governor, after receipt of a request complying with
4-27 this section, may grant a limited waiver of the provisions of this
5-1 subchapter for a state agency that requires [private] consulting
5-2 services before compliance with this subchapter can be completed
5-3 because of an unforeseen emergency.
5-4 (b) A state agency's request for a waiver must include
5-5 information required by the governor, including:
5-6 (1) information about the nature of the emergency;
5-7 (2) the reason that the state agency did not foresee
5-8 the emergency;
5-9 (3) the name of the [private] consultant with whom the
5-10 agency intends to contract; and
5-11 (4) the amount of the intended contract.
5-12 (e) In this section, "unforeseen emergency" means a
5-13 situation that suddenly and unexpectedly causes a state agency to
5-14 need the services of a [private] consultant. The term includes the
5-15 issuance of a court order, an actual or imminent natural disaster,
5-16 and new state or federal legislation. An emergency is not
5-17 unforeseen if a state agency was negligent in foreseeing the
5-18 occurrence of the emergency.
5-19 SECTION 6. Section 2254.026, Government Code, is amended to
5-20 read as follows:
5-21 Sec. 2254.026. CONTRACT WITH [PRIVATE] CONSULTANT. A state
5-22 agency may contract with a [private] consultant only if:
5-23 (1) there is a substantial need for the consulting
5-24 services; and
5-25 (2) the agency cannot adequately perform the services
5-26 with its own personnel or obtain the consulting services through a
5-27 contract with a [another] state governmental entity [agency].
6-1 SECTION 7. Section 2254.027, Government Code, is amended to
6-2 read as follows:
6-3 Sec. 2254.027. SELECTION OF [PRIVATE] CONSULTANT. In
6-4 selecting a [private] consultant, a state agency shall:
6-5 (1) base its choice on demonstrated competence,
6-6 knowledge, and qualifications and on the reasonableness of the
6-7 proposed fee for the services; and
6-8 (2) if other considerations are equal, give preference
6-9 to a [private] consultant whose principal place of business is in
6-10 the state or who will manage the consulting contract wholly from an
6-11 office in the state.
6-12 SECTION 8. Section 2254.028(a), Government Code, is amended
6-13 to read as follows:
6-14 (a) Before entering into a major consulting services
6-15 contract, a state agency shall:
6-16 (1) notify the Legislative Budget Board and the
6-17 governor's Budget and Planning Office that the agency intends to
6-18 contract with a [private] consultant;
6-19 (2) give information to the Legislative Budget Board
6-20 and the governor's Budget and Planning Office to demonstrate that
6-21 the agency has complied or will comply with Sections 2254.026 and
6-22 2254.027; and
6-23 (3) obtain a finding of fact from the governor's
6-24 Budget and Planning Office that the consulting services are
6-25 necessary.
6-26 SECTION 9. Section 2254.029, Government Code, is amended to
6-27 read as follows:
7-1 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
7-2 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
7-3 30th day before the date it enters into a major consulting services
7-4 contract, a state agency shall file with the secretary of state for
7-5 publication in the Texas Register:
7-6 (1) an invitation for [private] consultants to provide
7-7 offers of consulting services;
7-8 (2) the name of the individual who should be contacted
7-9 by a [private] consultant that intends to make an offer;
7-10 (3) the closing date for the receipt of offers; and
7-11 (4) the procedure by which the state agency will award
7-12 the contract.
7-13 (b) If the consulting services sought by a state agency
7-14 relate to services previously provided by a [private] consultant,
7-15 the agency shall disclose that fact in the invitation required by
7-16 Subsection (a). If the state agency intends to award the contract
7-17 for the consulting services to a [private] consultant that
7-18 previously provided the services, unless a better offer is
7-19 received, the agency shall disclose its intention in the invitation
7-20 required by Subsection (a).
7-21 SECTION 10. Section 2254.030, Government Code, is amended to
7-22 read as follows:
7-23 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
7-24 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
7-25 day after the date of entering into a major consulting services
7-26 contract, the state agency shall file with the secretary of state
7-27 for publication in the Texas Register:
8-1 (1) a description of the activities that the [private]
8-2 consultant will conduct;
8-3 (2) the name and business address of the [private]
8-4 consultant;
8-5 (3) the total value and the beginning and ending dates
8-6 of the contract; and
8-7 (4) the dates on which documents, films, recordings,
8-8 or reports that the [private] consultant is required to present to
8-9 the agency are due.
8-10 SECTION 11. Sections 2254.036(a) and (b), Government Code,
8-11 are amended to read as follows:
8-12 (a) On request, a state agency shall, after the agency's
8-13 contract with a [private] consultant has ended, supply the
8-14 Legislative Budget Board and the governor's Budget and Planning
8-15 Office with copies of all documents, films, recordings, or reports
8-16 compiled by the consultant under the contract.
8-17 (b) Copies of all documents, films, recordings, or reports
8-18 compiled by the [private] consultant shall be filed with the Texas
8-19 State Library and shall be retained by the library for at least
8-20 five years.
8-21 SECTION 12. Section 2254.037, Government Code, is amended to
8-22 read as follows:
8-23 Sec. 2254.037. REPORTS. As part of the biennial budgetary
8-24 hearing process conducted by the Legislative Budget Board and the
8-25 governor's Budget and Planning Office, a state agency shall report
8-26 to the Legislative Budget Board and the governor's Budget and
8-27 Planning Office on any actions taken in response to the
9-1 recommendations of any [private] consultant with whom the state
9-2 agency contracts during the previous biennium.
9-3 SECTION 13. Subchapter B, Chapter 403, Government Code, is
9-4 amended by adding Section 403.026 to read as follows:
9-5 Sec. 403.026. RULES. (a) The comptroller may adopt rules
9-6 to interpret, implement, and administer a state statute if:
9-7 (1) the statute specifically authorizes or requires
9-8 the comptroller to interpret, implement, or administer the statute;
9-9 or
9-10 (2) the comptroller determines that the rules are
9-11 necessary for fulfillment of the comptroller's constitutional or
9-12 statutory duties.
9-13 (b) Subsection (a) does not apply to a state statute if the
9-14 statute specifically authorizes the comptroller or a state agency
9-15 to adopt rules to interpret, implement, and administer the statute.
9-16 SECTION 14. Section 403.071(h), Government Code, is amended
9-17 to read as follows:
9-18 (h) This subsection applies if the comptroller and a state
9-19 agency have contracted in accordance with Subsection (g). The
9-20 comptroller shall audit claims after payment in the same way that
9-21 the comptroller audits claims before payment under Subsection (a).
9-22 The comptroller may establish requirements and adopt rules
9-23 concerning the time that a state agency must retain documentation
9-24 in its files to enable a postpayment audit. If a postpayment audit
9-25 by the comptroller shows that a claim presented by a state agency
9-26 was invalid, the comptroller may:
9-27 (1) implement procedures to ensure that similar
10-1 invalid claims from the state agency are not paid in the future;
10-2 (2) report to the governor, the lieutenant governor,
10-3 the speaker of the house of representatives, the state auditor, and
10-4 the Legislative Budget Board the results of the audit;
10-5 (3) require the state agency to obtain a refund of the
10-6 monies from the payee;
10-7 (4) cancel the contract with the state agency; and
10-8 (5) reduce the state agency's remaining appropriations
10-9 by the amount of the claim.
10-10 SECTION 15. Section 659.062, Government Code, is amended by
10-11 adding Subsection (e) to read as follows:
10-12 (e) The comptroller may establish procedures and adopt rules
10-13 to administer this section.
10-14 SECTION 16. Subchapter G, Chapter 659, Government Code, is
10-15 amended by adding Section 659.110 to read as follows:
10-16 Sec. 659.110. RULES. The comptroller may establish
10-17 procedures and adopt rules to administer the credit union deduction
10-18 program authorized by this subchapter.
10-19 SECTION 17. Subchapter B, Chapter 661, Government Code, is
10-20 amended by adding Section 661.038 to read as follows:
10-21 Sec. 661.038. RULES. The comptroller may establish
10-22 procedures and adopt rules to administer this subchapter.
10-23 SECTION 18. Subchapter C, Chapter 661, Government Code, is
10-24 amended by adding Section 661.068 to read as follows:
10-25 Sec. 661.068. RULES. The comptroller may establish
10-26 procedures and adopt rules to administer this subchapter.
10-27 SECTION 19. Subchapter D, Chapter 661, Government Code, is
11-1 amended by adding Section 661.094 to read as follows:
11-2 Sec. 661.094. RULES. The comptroller may establish
11-3 procedures and adopt rules to administer this subchapter.
11-4 SECTION 20. Subchapter A, Chapter 662, Government Code, is
11-5 amended by adding Section 662.012 to read as follows:
11-6 Sec. 662.012. RULES. The comptroller may establish
11-7 procedures and adopt rules to administer Sections 662.001-662.010.
11-8 SECTION 21. Section 57.48(e), Education Code, is amended to
11-9 read as follows:
11-10 (e) This section does not prohibit the comptroller from
11-11 issuing a warrant to pay the compensation of:
11-12 (1) a state officer or employee; or
11-13 (2) an individual whose compensation is being paid by
11-14 a private person through a state agency.
11-15 SECTION 22. Section 57.48(f)(4), Education Code, is amended
11-16 to read as follows:
11-17 (4) This subsection does not prohibit a state agency
11-18 from paying the compensation of:
11-19 (A) a state officer or employee; or
11-20 (B) an individual whose compensation is being
11-21 paid by a private person through the agency.
11-22 SECTION 23. Section 403.055(c), Government Code, is amended
11-23 to read as follows:
11-24 (c) This section does not prohibit the comptroller from
11-25 issuing a warrant to pay the compensation of:
11-26 (1) a state officer or employee; or
11-27 (2) an individual whose compensation is being paid by
12-1 a private person through a state agency.
12-2 SECTION 24. Section 403.055(e)(4), Government Code, is
12-3 amended to read as follows:
12-4 (4) This subsection does not prohibit a state agency
12-5 from paying the compensation of:
12-6 (A) a state officer or employee; or
12-7 (B) an individual whose compensation is being
12-8 paid by a private person through the agency.
12-9 SECTION 25. Section 481.0841(c), Government Code, is amended
12-10 to read as follows:
12-11 (c) This section does not prohibit the comptroller from
12-12 issuing a warrant or initiating an electronic funds transfer to pay
12-13 the compensation of:
12-14 (1) a state officer or employee; or
12-15 (2) an individual whose compensation is being paid by
12-16 a private person through a state agency.
12-17 SECTION 26. Sections 481.0841(d)(2) and (4), Government
12-18 Code, are amended to read as follows:
12-19 (2) A state agency may not use funds inside or outside
12-20 the state treasury to pay a user if the [agency knows that the]
12-21 user is in default on a loan guaranteed under this subchapter and
12-22 with respect to which the department has been required to honor a
12-23 guarantee.
12-24 (4) This subsection does not prohibit a state agency
12-25 from paying the compensation of:
12-26 (A) a state officer or employee; or
12-27 (B) an individual whose compensation is being
13-1 paid by a private person through the agency.
13-2 SECTION 27. Section 662.001, Government Code, is amended to
13-3 read as follows:
13-4 Sec. 662.001. DEFINITIONS. In this subchapter:
13-5 (1) "Part-time state employee" means a state employee
13-6 who normally works fewer [less] than 40 hours each week.
13-7 (2) "State agency" means a unit of state government,
13-8 including a state board, commission, council, department,
13-9 committee, agency, or office that was created by the constitution
13-10 or a statute of this state and is in any branch of state
13-11 government. The term does not include a local government, a river
13-12 authority, a special district, any other political subdivision, or
13-13 an institution of higher education as defined by Section 61.003,
13-14 Education Code.
13-15 (3) "State employee" means an employee of a state
13-16 agency or an appointed officer of a state agency whose office is
13-17 not created by the state constitution. The term includes a
13-18 part-time, hourly, or temporary state employee.
13-19 (4) "Workday" means a day on which a state employee is
13-20 normally scheduled to work. The term does not include a national
13-21 or state holiday.
13-22 SECTION 28. Section 662.005, Government Code, is amended to
13-23 read as follows:
13-24 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
13-25 individual who is a [A] state employee on the last workday before
13-26 or the first workday after a national or state holiday, or on both
13-27 workdays, is entitled, except as provided by Section 662.010, to a
14-1 paid day off from working for a state agency [work] on the [each
14-2 national or state] holiday if:
14-3 (1) the holiday [that] does not fall on a Saturday or
14-4 Sunday; and
14-5 (2) the General Appropriations Act does not prohibit
14-6 state agencies from observing the holiday.
14-7 (b) In this [This] section, "state employee":
14-8 (1) includes an individual who uses paid leave from a
14-9 state agency; and
14-10 (2) does not include an individual who uses unpaid
14-11 leave from a state agency [does not apply to a holiday that the
14-12 General Appropriations Act prohibits state agencies from
14-13 observing].
14-14 SECTION 29. Sections 662.006(a) and (b), Government Code,
14-15 are amended to read as follows:
14-16 (a) An individual who is a [A] state employee on the last
14-17 workday before or the first workday after an optional holiday, or
14-18 on both workdays, is entitled, except as provided by Section
14-19 662.010, to a paid day off from working for a state agency on the
14-20 [each day of an optional] holiday if:
14-21 (1) the holiday [that] does not fall on a Saturday or
14-22 Sunday;
14-23 (2) [if] the employee agrees to give up, during the
14-24 same fiscal year, a state holiday that:
14-25 (A) does not fall on a Saturday or Sunday; and
14-26 (B) the General Appropriations Act does not
14-27 prohibit state agencies from observing; and
15-1 (3) the General Appropriations Act does not prohibit
15-2 state agencies from observing the optional holiday.
15-3 (b) A state employee is entitled to a paid day off from
15-4 working for a state agency on each day of an optional holiday that
15-5 extends for more than one day if the employee:
15-6 (1) qualifies for the paid day off under Subsection
15-7 (a); and
15-8 (2) agrees to give up during the same fiscal year an
15-9 equivalent number of state holidays that:
15-10 (A) do not fall on a Saturday or Sunday; and
15-11 (B) the General Appropriations Act does not
15-12 prohibit state agencies from observing.
15-13 SECTION 30. Section 662.007(a), Government Code, is amended
15-14 to read as follows:
15-15 (a) A state employee who is required to work on a national
15-16 or state holiday [that does not fall on a Saturday or Sunday] is
15-17 entitled to compensatory time off during the 12 months after the
15-18 holiday if the state employee is entitled to a paid day off from
15-19 working for a state agency on the holiday under Section 662.005.
15-20 SECTION 31. Section 662.010, Government Code, is amended to
15-21 read as follows:
15-22 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
15-23 (a) An individual who is not a [A] state employee [who begins
15-24 working for a state agency] on the last workday before a state or
15-25 national holiday but who is a state employee on the first workday
15-26 after the holiday may not [of a month is entitled to] be paid for
15-27 the [a state or national] holiday [that occurs before the first
16-1 workday] if it [the holiday:]
16-2 [(1)] occurs during the same month as the last workday
16-3 before the holiday[; and]
16-4 [(2) does not fall on a Saturday or Sunday].
16-5 (b) An individual who is a [A] state employee [who stops
16-6 working for a state agency] on the last workday before a state or
16-7 national holiday but who is not a state employee on the first
16-8 workday after the holiday may not [of a month is entitled to] be
16-9 paid for the [a state or national] holiday [that occurs after the
16-10 last workday] if it [the holiday:]
16-11 [(1)] occurs before the first workday of a month and
16-12 during that [the] month[; and]
16-13 [(2) does not fall on a Saturday or Sunday].
16-14 (c) In this section, "state employee":
16-15 (1) includes an individual who uses paid leave from a
16-16 state agency; and
16-17 (2) does not include an individual who uses unpaid
16-18 leave from a state agency ["workday" means a day on which a state
16-19 employee is normally scheduled to work].
16-20 SECTION 32. Sections 403.0165(f), (h), and (i), Government
16-21 Code, are amended to read as follows:
16-22 (f) An organization not previously certified may submit an
16-23 application for certification as an eligible state employee
16-24 organization to the comptroller at any time except during the
16-25 period after June 2 and before September 1 [within 90 days prior to
16-26 the beginning of the fiscal year].
16-27 (h) The comptroller may [shall] charge an administrative fee
17-1 to cover the costs incurred as a result of administering this
17-2 section. The administrative [Administrative] fees charged by the
17-3 comptroller shall be paid by each qualifying state employee
17-4 organization on a pro rata basis to be determined by the
17-5 comptroller. The comptroller by rule shall determine the most
17-6 efficient and effective method of collecting the [such
17-7 administrative] fees. [The comptroller shall adopt rules for the
17-8 administration of this section.]
17-9 (i) The comptroller may adopt rules for the administration
17-10 of this section [shall allocate the administrative fees on a
17-11 proportional basis to each employing state agency that incurs costs
17-12 in administering this subsection].
17-13 SECTION 33. Section 659.041, Government Code, is amended to
17-14 read as follows:
17-15 Sec. 659.041. DEFINITIONS. In this subchapter:
17-16 (1) "Appointment" means a job title.
17-17 (2) "Full-time state employee" means:
17-18 (A) a state employee who works in the executive
17-19 or judicial branch of state government, other than a state
17-20 institution of higher education, and who is normally scheduled to
17-21 work a total of at least 40 hours a week for a single state agency
17-22 [in one position];
17-23 (B) a state employee who works for a state
17-24 institution of higher education and who is normally scheduled to
17-25 work a total of at least 40 hours a week in one position, as
17-26 determined under Section 659.0411; or
17-27 (C) [(B)] a state employee who works in the
18-1 legislative branch of state government and who is normally
18-2 scheduled to work a total of 40 or more hours a week in all
18-3 positions held in the legislative branch.
18-4 (3) [(2)] "Part-time state employee" means a state
18-5 employee who is not a full-time state employee.
18-6 (4) [(3)] "State employee" means an individual who:
18-7 (A) is covered by Chapter 654;
18-8 (B) holds a line item or exempt position;
18-9 (C) works in a nonacademic position at a state
18-10 institution of higher education at least 20 hours a week for at
18-11 least 4.5 consecutive months; or
18-12 (D) is an hourly employee of the state.
18-13 SECTION 34. Subchapter D, Chapter 659, Government Code, is
18-14 amended by adding Section 659.0411 to read as follows:
18-15 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
18-16 EDUCATION. (a) A state institution of higher education shall
18-17 determine whether a state employee who has more than one
18-18 appointment with the institution holds only one position or holds
18-19 one position for each appointment.
18-20 (b) A board of regents shall determine whether a state
18-21 employee who has an appointment with at least two state
18-22 institutions of higher education under the board's jurisdiction
18-23 holds only one position or holds one position for each appointment.
18-24 (c) A state employee who has an appointment with at least
18-25 two state institutions of higher education holds more than one
18-26 position if those institutions are not governed by the same board
18-27 of regents.
19-1 SECTION 35. Section 659.132, Government Code, is amended to
19-2 read as follows:
19-3 Sec. 659.132. DEDUCTION AUTHORIZED. (a) A state employee
19-4 may authorize a deduction each pay period from the employee's
19-5 salary or wage payment for a charitable contribution as provided by
19-6 this subchapter.
19-7 (b) Except as provided by Subsections (c), (d), and (e), a
19-8 state employee may authorize a deduction only during a state
19-9 employee charitable campaign.
19-10 (c) A state employee who begins working for the state when a
19-11 campaign is not being conducted may authorize a deduction according
19-12 to the comptroller's requirements.
19-13 (d) A state employee who works for a state agency that does
19-14 not allow deduction authorizations under Subsection (i) may
19-15 authorize a deduction that is effective with the first full payroll
19-16 period after the agency is converted to a system in which uniform
19-17 statewide payroll procedures are followed.
19-18 (e) A state employee who works for a state agency that does
19-19 not allow deduction authorizations under Subsection (i) may
19-20 authorize a deduction after transferring from that agency to:
19-21 (1) a state agency that allows deduction
19-22 authorizations even though it may prohibit them under Subsection
19-23 (i); or
19-24 (2) a state agency not covered by Subsection (i).
19-25 (f) A state employee who authorized a deduction while
19-26 working for a state agency may continue the deduction after
19-27 transferring to another state agency if the comptroller's rules for
20-1 continuing the deduction are followed.
20-2 (g) An authorization must direct the comptroller to
20-3 distribute the deducted funds to a participating federation or fund
20-4 and a local campaign manager as prescribed by rule.
20-5 (h) [(c)] A deduction under this subchapter must be in the
20-6 form prescribed by the comptroller.
20-7 (i) [(d)] A state agency other than an institution of higher
20-8 education is not required to permit an employee to authorize a
20-9 deduction under this subchapter until the first full payroll period
20-10 after the agency converts to a system in which uniform statewide
20-11 payroll procedures are followed.
20-12 (j) [(e)] The comptroller by rule may establish a reasonable
20-13 minimum deduction for each pay period.
20-14 SECTION 36. Sections 659.136(a) and (c), Government Code,
20-15 are amended to read as follows:
20-16 (a) A state employee may revoke or change an authorization
20-17 by giving notice to the employing state agency. A state employee
20-18 may not change the eligible charitable organization designated to
20-19 receive the employee's deductions.
20-20 (c) A revocation or change takes effect on the date
20-21 designated [when it is approved] by the comptroller by rule.
20-22 SECTION 37. Section 659.137, Government Code, is amended to
20-23 read as follows:
20-24 Sec. 659.137. DURATION OF DEDUCTION. (a) A deduction under
20-25 this subchapter begins on the date designated by the comptroller by
20-26 rule.
20-27 (b) A deduction [by a state employee] under this subchapter
21-1 is effective for a maximum of one campaign year and, unless revoked
21-2 or changed under Section 659.136, ends on[:]
21-3 [(1) the first anniversary of] the date designated by
21-4 the comptroller by rule [it begins; or]
21-5 [(2) the effective date of a revocation of or change
21-6 in the authorization by the employee].
21-7 SECTION 38. Section 659.148(d), Government Code, is amended
21-8 to read as follows:
21-9 (d) Except as provided by this subsection, the [The]
21-10 comptroller shall charge an administrative fee to cover costs
21-11 incurred by the comptroller and employing state agencies in the
21-12 implementation of this subchapter to the charitable organizations
21-13 participating in the first state employee charitable campaign
21-14 conducted under this subchapter in the same proportion that the
21-15 contributions to that charitable organization bear to the total of
21-16 contributions in that campaign. Except as provided by this
21-17 subsection, the [The] comptroller shall charge an administrative
21-18 fee to cover costs incurred by the comptroller and employing state
21-19 agencies in the administration of this subchapter to the charitable
21-20 organizations in each subsequent state employee charitable campaign
21-21 in the same proportion that the contributions to that charitable
21-22 organization bear to the total of contributions in that campaign.
21-23 The comptroller may decline to charge an administrative fee if the
21-24 comptroller determines the costs that would be covered by the fee
21-25 are insignificant. The comptroller shall determine the most
21-26 efficient and effective method of collecting the administrative fee
21-27 and shall adopt rules for the implementation of this section.
22-1 SECTION 39. Section 659.109, Government Code, is amended to
22-2 read as follows:
22-3 Sec. 659.109. ALLOCATION [AND APPROPRIATION] OF
22-4 ADMINISTRATIVE FEES. [(a)] The state shall allocate and pay to
22-5 each state agency that incurs costs in administering this
22-6 subchapter the agency's proportional amount of the administrative
22-7 fees collected by the state under this subchapter.
22-8 [(b) An administrative fee withheld under this subchapter
22-9 may be used, without further appropriation, by the comptroller and
22-10 the state agencies incurring costs in administering this
22-11 subchapter.]
22-12 SECTION 40. Section 659.146(a), Government Code, is amended
22-13 to read as follows:
22-14 (a) To be eligible to participate in a state employee
22-15 charitable campaign, a charitable organization must:
22-16 (1) be governed by a voluntary board of citizens that
22-17 meets at least twice each year to set policy and manage the affairs
22-18 of the organization;
22-19 (2) if the organization's annual budget:
22-20 (A) does not exceed [is less than] $100,000,
22-21 provide a completed Internal Revenue Service Form 990 and an
22-22 accountant's review that offers full and open disclosure of the
22-23 organization's internal operations; or
22-24 (B) exceeds [is equal to or more than] $100,000,
22-25 be audited annually in accordance with generally accepted auditing
22-26 standards of the American Institute of Certified Public
22-27 Accountants; and
23-1 (3) not spend more than 25 percent of its annual
23-2 revenue for administrative and fund-raising expenses.
23-3 SECTION 41. Sections 661.061(1) and (3), Government Code,
23-4 are amended to read as follows:
23-5 (1) "National holiday" includes only those days listed
23-6 under Section 662.003(a). The term does not include a national
23-7 holiday on which a state employee is not entitled to a paid day off
23-8 from work under Section 662.005.
23-9 (3) "State holiday" includes only those days listed
23-10 under Section 662.003(b). The term does not include a state
23-11 holiday on which a state employee is not entitled to a paid day off
23-12 from work under Section 662.005.
23-13 SECTION 42. Section 661.062(b), Government Code, is amended
23-14 to read as follows:
23-15 (b) A separation from state employment includes a separation
23-16 in which the employee:
23-17 (1) leaves one state agency to begin working for
23-18 another state agency, if one or more workdays occur between the two
23-19 employments;
23-20 (2) moves from a position in a state agency that
23-21 accrues vacation time to a position in that agency that does not
23-22 accrue vacation time, if the agency agrees to pay the employee for
23-23 the accrued balance of the employee's vacation time;
23-24 (3) moves from a position in a state agency that
23-25 accrues vacation time to a position in another state agency that
23-26 does not accrue vacation time, if the other state agency refuses to
23-27 credit the employee for the balance of the employee's vacation time
24-1 as of the date of the move; [or]
24-2 (4) moves from a position in a state agency that does
24-3 not accrue vacation time to a position in another state agency that
24-4 does not accrue vacation time, if the other state agency is not
24-5 authorized or refuses to credit the employee for the balance of the
24-6 employee's vacation time as of the date of the move; or
24-7 (5) holds two or more positions, and separates from
24-8 one that accrues vacation time.
24-9 SECTION 43. Section 661.063, Government Code, is amended to
24-10 read as follows:
24-11 Sec. 661.063. COMPUTATION OF PAYMENT. (a) Except as
24-12 provided by Subsection (b), the [The] payment to a state employee
24-13 under this subchapter shall be computed by multiplying the
24-14 employee's rate of compensation on the date of separation from
24-15 state employment by the total number of hours of vacation time
24-16 determined under Section 661.064.
24-17 (b) The payment under this subchapter to a state employee
24-18 who separates from state employment while holding a position that
24-19 does not accrue vacation time shall be computed according to this
24-20 subsection. The employee's final rate of compensation in the last
24-21 position held that accrues vacation time shall be multiplied by the
24-22 employee's total number of hours of vacation time determined under
24-23 Section 661.064.
24-24 (c) Under this section, rate of compensation:
24-25 (1) includes an emolument in lieu of base pay for
24-26 which the state employee was eligible [on the last day of
24-27 employment]; and
25-1 (2) does not include longevity or hazardous duty pay.
25-2 SECTION 44. Section 661.064, Government Code, is amended by
25-3 amending Subsection (a) and adding Subsection (c) to read as
25-4 follows:
25-5 (a) This subsection applies except as provided by Subsection
25-6 (c). For a state employee who on the date of separation is
25-7 normally scheduled to work at least 40 hours a week, eight hours
25-8 are to be added to the employee's accrued vacation time for each
25-9 state or national holiday that is scheduled to fall within the
25-10 period after the date of separation and during which the employee
25-11 could have used the time. To determine the period during which
25-12 vacation time could have been used and the number of state or
25-13 national holidays, the employee's vacation time is allocated over
25-14 the workdays after the employee's separation and eight hours are
25-15 added as a state or national holiday occurs during the period.
25-16 (c) For a state employee who is paid under this subchapter
25-17 because the separation from state employment involves a move to a
25-18 position in a state agency that does not accrue vacation time, no
25-19 hours may be added to the employee's accrued vacation time for a
25-20 state or national holiday that is scheduled to fall within the
25-21 period after the date of separation and during which the employee
25-22 could have used the time.
25-23 SECTION 45. Subchapter A, Chapter 662, Government Code, is
25-24 amended by adding Section 662.0071 to read as follows:
25-25 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
25-26 (a) A state agency shall accept the balance of compensatory time
25-27 accrued under Section 662.007 by a state employee who transfers to
26-1 that agency from another state agency if the employee transfers as
26-2 a direct result of:
26-3 (1) the legislature's transfer of legal authority or
26-4 duties from the agency that formerly employed the employee to the
26-5 agency that currently employs the employee; or
26-6 (2) a requirement of the State Council on Competitive
26-7 Government for the agency that formerly employed the employee to
26-8 bid a commercially available service that the agency previously
26-9 performed.
26-10 (b) Subsection (a) does not apply if the transferring state
26-11 employee is required to apply for the new position.
26-12 (c) In this section, "bid" means any process developed by
26-13 the State Council on Competitive Government to provide a
26-14 commercially available service in competition with private
26-15 commercial sources or state agency providers.
26-16 SECTION 46. Sections 403.016(e) and (f), Government Code,
26-17 are amended to read as follows:
26-18 (e) The comptroller may use the electronic funds transfer
26-19 system to:
26-20 (1) transfer directly any portion of employees' gross
26-21 state salaries into employees' accounts in a money market mutual
26-22 fund established in the Texas Treasury Safekeeping Trust Company;
26-23 or
26-24 (2) transfer directly a portion of an employee's net
26-25 state salary to the employee's account at a credit union if:
26-26 (A) the amount of the salary deposited to that
26-27 account exceeds the amount of salary deposited in any other account
27-1 of the employee at another type of financial institution; or
27-2 (B) the requirements concerning deductions for
27-3 payments to credit unions prescribed by Subchapter G, Chapter 659,
27-4 and by the rules adopted by the comptroller under that subchapter
27-5 are satisfied.
27-6 (f) Except as provided by Subsection (e) and subject to any
27-7 limitation in rules adopted by the comptroller, an automated
27-8 clearinghouse, or the federal government, the comptroller may use
27-9 the electronic funds transfer system to deposit payments only to
27-10 one or more accounts of a payee [payee's account] at one or more
27-11 [a] financial institutions [institution]. A single electronic
27-12 funds transfer may contain payments to multiple payees. Individual
27-13 transfers or warrants are not required for each payee.
27-14 SECTION 47. Section 403.248(c), Government Code, is amended
27-15 to read as follows:
27-16 (c) In this section, "final accounting" means a
27-17 reimbursement from or additional payment to a state officer or
27-18 employee so that the net amount received by the officer or employee
27-19 [advanced from a petty cash account] equals the actual travel
27-20 expenses incurred by the officer or employee.
27-21 SECTION 48. Section 5, Texas Employees Uniform Group
27-22 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
27-23 Code), is amended by adding Subsection (k) to read as follows:
27-24 (k) If the trustee establishes a group coverage plan that
27-25 protects against the long- or short-term loss of salary, the
27-26 trustee may use an employee's annual salary in the calculation of
27-27 the amount of the employee's premium or coverage, or both, under
28-1 the plan. For purposes of this subsection, an employee's annual
28-2 salary includes the benefit replacement pay the employee would be
28-3 earning annually under Subchapter H, Chapter 659, Government Code
28-4 (as added by Section 3, Chapter 417, Acts of the 74th Legislature,
28-5 Regular Session, 1995), if Section 659.121(1), Government Code,
28-6 defined "compensation" to include base salary or wages, longevity
28-7 pay, hazardous duty pay, and night differential pay.
28-8 SECTION 49. Section 11, Texas Employees Uniform Group
28-9 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
28-10 Code), is amended by amending Subsection (c) and adding Subsection
28-11 (d) to read as follows:
28-12 (c) Except as provided by Subsection (d), the [The] trustee
28-13 shall prescribe regulations providing for the conversion of other
28-14 than annual rates of pay, and specify the types of pay included in
28-15 annual pay and all other matters necessary to implement this
28-16 section.
28-17 (d) For the purpose of determining the amount of an
28-18 employee's optional term life insurance coverage, an employee's
28-19 annual salary includes the benefit replacement pay the employee
28-20 would be earning annually under Subchapter H, Chapter 659,
28-21 Government Code (as added by Section 3, Chapter 417, Acts of the
28-22 74th Legislature, Regular Session, 1995), if Section 659.121(1),
28-23 Government Code, defined "compensation" to include base salary or
28-24 wages, longevity pay, hazardous duty pay, and night differential
28-25 pay.
28-26 SECTION 50. Section 811.001(7), Government Code, is amended
28-27 to read as follows:
29-1 (7) "Compensation" means the base salary of a person;
29-2 [, including] amounts that would otherwise qualify as compensation
29-3 but are not received directly by a [the] person pursuant to a good
29-4 faith, voluntary, written salary reduction agreement in order to
29-5 finance payments to a deferred compensation or tax sheltered
29-6 annuity program specifically authorized by state law or to finance
29-7 benefit options under a cafeteria plan qualifying under Section 125
29-8 of the Internal Revenue Code of 1986 (26 U.S.C. Section 125);[,
29-9 plus] longevity and hazardous duty pay; [and includes] nonmonetary
29-10 compensation, the value of which is determined by the retirement
29-11 system; [, and] amounts by which a [the] person's salary is reduced
29-12 under a salary reduction agreement authorized by Chapter 610; and
29-13 the benefit replacement pay a person earns under Subchapter H,
29-14 Chapter 659, Government Code (as added by Section 3, Chapter 417,
29-15 Acts of the 74th Legislature, Regular Session, 1995), except for
29-16 the benefit replacement pay a person earns as a result of a payment
29-17 made under Subchapter B, C, or D, Chapter 661. The term[, but]
29-18 excludes overtime pay.
29-19 SECTION 51. Sections 822.201(b) and (c), Government Code,
29-20 are amended to read as follows:
29-21 (b) "Salary and wages" as used in Subsection (a) means:
29-22 (1) normal periodic payments of money for service the
29-23 right to which accrues on a regular basis in proportion to the
29-24 service performed;
29-25 (2) amounts by which the member's salary is reduced
29-26 under a salary reduction agreement authorized by Chapter 610; [and]
29-27 (3) amounts that would otherwise qualify as salary and
30-1 wages under Subdivision (1) but are not received directly by the
30-2 member pursuant to a good faith, voluntary written salary reduction
30-3 agreement in order to finance payments to a deferred compensation
30-4 or tax sheltered annuity program specifically authorized by state
30-5 law or to finance benefit options under a cafeteria plan qualifying
30-6 under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
30-7 Section 125), if:
30-8 (A) the program or benefit options are made
30-9 available to all employees of the employer; and
30-10 (B) the benefit options in the cafeteria plan
30-11 are limited to one or more options that provide deferred
30-12 compensation, group health and disability insurance, group term
30-13 life insurance, dependent care assistance programs, or group legal
30-14 services plans; and
30-15 (4) the benefit replacement pay a person earns under
30-16 Subchapter H, Chapter 659, Government Code (as added by Section 3,
30-17 Chapter 417, Acts of the 74th Legislature, Regular Session, 1995),
30-18 except as provided by Subsection (c).
30-19 (c) Excluded from salary and wages are expense payments,
30-20 allowances, payments for unused vacation or sick leave, maintenance
30-21 or other nonmonetary compensation, fringe benefits, deferred
30-22 compensation other than as provided by Subsection (b)(3),
30-23 compensation that is not made pursuant to a valid employment
30-24 agreement, payments received in the 1995-1996 or a subsequent
30-25 school year for teaching a driver education and traffic safety
30-26 course, the benefit replacement pay a person earns as a result of a
30-27 payment made under Subchapter B or C, Chapter 661, and any
31-1 compensation not described in Subsection (b).
31-2 SECTION 52. Section 47.09(a), Penal Code, is amended to read
31-3 as follows:
31-4 (a) It is a defense to prosecution under this chapter that
31-5 the conduct:
31-6 (1) was authorized under:
31-7 (A) the Bingo Enabling Act (Article 179d,
31-8 Vernon's Texas Civil Statutes);
31-9 (B) the Texas Racing Act (Article 179e, Vernon's
31-10 Texas Civil Statutes); or
31-11 (C) the Charitable Raffle Enabling Act (Article
31-12 179f, Revised Statutes);
31-13 (2) consisted entirely of participation in the state
31-14 lottery authorized by Chapter 466, Government Code; or
31-15 (3) was a necessary incident to the operation of the
31-16 state lottery and was directly or indirectly authorized by:
31-17 (A) Chapter 466, Government Code;
31-18 (B) the lottery division of the Texas Lottery
31-19 Commission [comptroller's office];
31-20 (C) the Texas Lottery Commission [comptroller];
31-21 or
31-22 (D) the director of the lottery division of the
31-23 Texas Lottery Commission.
31-24 SECTION 53. Section 2054.007(a), Government Code, is amended
31-25 to read as follows:
31-26 (a) The lottery division of the Texas Lottery Commission [in
31-27 the office of the comptroller is not included in the agency
32-1 strategic plan or biennial operating plan of the comptroller. The
32-2 lottery division] is not subject to the planning and procurement
32-3 requirements of this chapter.
32-4 SECTION 54. Section 2103.003, Government Code, is amended to
32-5 read as follows:
32-6 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
32-7 A state agency may spend appropriated funds only by:
32-8 (1) a warrant drawn by:
32-9 (A) the comptroller; or
32-10 (B) a state agency to which the comptroller has
32-11 delegated authority to print warrants under Section 403.060; or
32-12 (2) an electronic funds transfer initiated by [from]
32-13 the comptroller.
32-14 SECTION 55. Subchapter A, Chapter 2103, Government Code, is
32-15 amended by adding Section 2103.0035 to read as follows:
32-16 Sec. 2103.0035. STATE AGENCY SPENDING OF UNAPPROPRIATED
32-17 FUNDS. (a) A state agency may spend unappropriated funds only by:
32-18 (1) a warrant drawn by:
32-19 (A) the comptroller; or
32-20 (B) a state agency to which the comptroller has
32-21 delegated authority to print warrants under Section 403.060; or
32-22 (2) an electronic funds transfer initiated by the
32-23 comptroller.
32-24 (b) Subsection (a) applies only to funds that Section
32-25 404.046 or 404.069 or other law requires to be spent on warrants
32-26 drawn or electronic funds transfers initiated by the comptroller.
32-27 SECTION 56. Section 2103.004, Government Code, is amended to
33-1 read as follows:
33-2 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS
33-3 [WARRANT DRAWN BY COMPTROLLER]. A [The comptroller may not draw a]
33-4 warrant may not be drawn or an electronic funds transfer initiated
33-5 until:
33-6 (1) the state agency from whose appropriated or
33-7 unappropriated funds [appropriation] the warrant or electronic
33-8 funds transfer is payable has submitted a voucher to the
33-9 comptroller;
33-10 (2) the state agency has approved the voucher in
33-11 accordance with this chapter; and
33-12 (3) the comptroller has audited and approved the
33-13 voucher as required by law.
33-14 SECTION 57. Section 2151.002, Government Code, is amended to
33-15 read as follows:
33-16 Sec. 2151.002. DEFINITIONS. Except as otherwise provided by
33-17 [In] this subtitle:
33-18 (1) "Commission" means the General Services
33-19 Commission.
33-20 (2) "State agency" means:
33-21 (A) a department, commission, board, office, or
33-22 other agency in the executive branch of state government created by
33-23 the state constitution or a state statute[, except the Texas
33-24 High-Speed Rail Authority];
33-25 (B) the supreme court, the court of criminal
33-26 appeals, a court of appeals, or the Texas Judicial Council; or
33-27 (C) a university system or an institution of
34-1 higher education as defined by Section 61.003, Education Code,
34-2 except a public junior college.
34-3 SECTION 58. Section 2155.001, Government Code, is amended to
34-4 read as follows:
34-5 Sec. 2155.001. DEFINITIONS. Except as otherwise provided by
34-6 [In] this chapter and Chapters 2156, 2157, and 2158:
34-7 (1) "Goods" means supplies, materials, or equipment.
34-8 (2) "Service" means the furnishing of skilled or
34-9 unskilled labor or professional work, but does not include a:
34-10 (A) professional service subject to Subchapter
34-11 A, Chapter 2254;
34-12 (B) service of a state agency employee;
34-13 (C) consulting service or service of a [private]
34-14 consultant as defined by Subchapter B, Chapter 2254; or
34-15 (D) service of a public utility.
34-16 SECTION 59. Section 2155.321, Government Code, is amended by
34-17 adding Subdivisions (3) and (4) to read as follows:
34-18 (3) "Service" means the furnishing of skilled or
34-19 unskilled labor or professional work but does not include the
34-20 service of a state agency employee.
34-21 (4) "State agency" has the meaning assigned by Section
34-22 2103.001.
34-23 SECTION 60. Section 2155.322(b), Government Code, is amended
34-24 to read as follows:
34-25 (b) If state law requires that a payment for the goods or
34-26 services be made on a warrant drawn or an electronic funds transfer
34-27 initiated by the comptroller or a state agency with delegated
35-1 authority under Section 403.060, promptly [Promptly] after the
35-2 later of the receipt of the invoice or the receipt of the goods or
35-3 services, the agency shall send to the comptroller the
35-4 certification, together with the financial information and purchase
35-5 information provided by the invoice and purchase voucher, on a form
35-6 or in the manner agreed to by the comptroller and the commission.
35-7 SECTION 61. Section 2155.325(c), Government Code, is amended
35-8 to read as follows:
35-9 (c) For purchases audited after a warrant is issued, the
35-10 comptroller shall send the certification and purchase information
35-11 received by the comptroller under Section 2155.322(b) to the
35-12 commission under commission rules.
35-13 SECTION 62. Section 2101.011, Government Code, is amended to
35-14 read as follows:
35-15 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
35-16 AGENCIES [("100-DAY REPORTS")]. (a) A state agency shall submit
35-17 the financial information requested by the comptroller and such
35-18 other information requested by the legislature in the General
35-19 Appropriations Act, including information about state funds held
35-20 outside the state treasury, to:
35-21 (1) the governor;
35-22 (2) the comptroller;
35-23 (3) the Legislative Reference Library [state
35-24 treasurer];
35-25 (4) the state auditor; and
35-26 (5) the Legislative Budget Board.
35-27 (b) A state agency [other than a university system or
36-1 institution of higher education, as defined by Section 61.003,
36-2 Education Code,] shall submit the information to the listed
36-3 officials by the date or dates provided in the General
36-4 Appropriations Act [not later than December 9 of each year. A
36-5 university system or institution of higher education shall submit
36-6 the information to the listed officials not later than the
36-7 following January 1].
36-8 (c) The comptroller may require the reporting of the
36-9 financial information for any entity that the comptroller
36-10 determines is a component unit of a statewide reporting entity in
36-11 accordance with generally accepted accounting principles as
36-12 prescribed or modified by the Governmental Accounting Standards
36-13 Board or its successors [A state agency is not required to submit
36-14 the information if the comptroller determines the agency is not a
36-15 component unit of state government for purposes of this
36-16 subchapter].
36-17 SECTION 63. Section 466.017(a), Government Code, is amended
36-18 to read as follows:
36-19 (a) The executive director shall provide for a certified
36-20 public accountant to conduct an independent audit for each fiscal
36-21 year of all accounts and transactions of the lottery. The
36-22 certified public accountant may not have, as determined by the
36-23 executive director, a significant financial interest in a sales
36-24 agent, lottery vendor, or lottery operator. The certified public
36-25 accountant shall present an audit report to the executive director,
36-26 the commission, the governor, the comptroller, and the legislature
36-27 not later than the 30th day after the submission date for the
37-1 annual financial report required by the General Appropriations Act
37-2 [April 1 of the year following the fiscal year for which the audit
37-3 was performed]. The report must contain recommendations to enhance
37-4 the earnings capability of the lottery and improve the efficiency
37-5 of lottery operations. The state auditor may review the results of
37-6 and working papers related to the audit.
37-7 SECTION 64. Section 2306.074(a), Government Code, is amended
37-8 to read as follows:
37-9 (a) The state auditor or a certified public accountant shall
37-10 audit the department's books and accounts each fiscal year and file
37-11 a copy of the audit with the governor, the comptroller, and the
37-12 legislature not later than the 30th day after the submission date
37-13 for the annual financial report as required by the General
37-14 Appropriations Act [on or before March 1 of each year]. If the
37-15 state auditor is conducting the audit and it is not available by
37-16 the 30th day after the submission date as required by the General
37-17 Appropriations Act for annual financial reporting [March 1], it
37-18 must be filed as soon as it is available.
37-19 SECTION 65. Section 17(a), Article 5.76-3, Insurance Code,
37-20 is amended to read as follows:
37-21 (a) The [Not later than March 1 of each subsequent year,
37-22 the] board shall publish an independently audited [a] report
37-23 analyzing the fund's activities and fiscal condition during the
37-24 preceding fiscal year and shall file the report with the Texas
37-25 Department of Insurance. The board shall file the audited report
37-26 with the Texas Department of Insurance for inclusion in its [have
37-27 an independent audit made of the] annual financial report. The
38-1 annual financial report shall be submitted by the Texas Department
38-2 of Insurance by the date provided for in the General Appropriations
38-3 Act.
38-4 SECTION 66. Sections 403.021(a), (b), (c), and (d),
38-5 Government Code, are amended to read as follows:
38-6 (a) A state agency that expends appropriated funds shall
38-7 report into the uniform statewide accounting system (USAS) all
38-8 payables and [submit a] binding encumbrances for the first three
38-9 quarters of the current appropriation year within 30 days after the
38-10 close of each quarter [encumbrance report to the comptroller and
38-11 the state auditor no later than October 30 of each year]. Binding
38-12 encumbrances for all appropriation years shall be reported annually
38-13 not later than September 30 of each fiscal year.
38-14 (b) Payables and binding encumbrances must be reported for
38-15 all appropriations [The report must indicate the unencumbered
38-16 balance, if any, of each nonconstruction appropriation for the
38-17 preceding fiscal year. The report must be made] in the format that
38-18 the comptroller prescribes. [The comptroller may reject a report
38-19 if it does not contain sufficient information or comply with the
38-20 comptroller's prescribed format.]
38-21 (c) On October 1 [31] of each fiscal year, the comptroller
38-22 shall lapse all unencumbered nonconstruction appropriation balances
38-23 for all prior appropriation years based on the payables and binding
38-24 encumbrances reported [information in the binding encumbrance
38-25 reports].
38-26 (d) If an agency submits a valid claim against a prior year
38-27 appropriation 30 days or more after the reporting due date [has not
39-1 submitted a report by October 31, the comptroller shall lapse the
39-2 unexpended balance of the agency's appropriations. If the agency
39-3 subsequently submits a report], the comptroller may [shall]
39-4 reinstate the agency's appropriations to the extent of the claim
39-5 [they were encumbered but unexpended].
39-6 SECTION 67. Section 403.031, Government Code, is amended by
39-7 adding Subsection (c) to read as follows:
39-8 (c) The comptroller, in consultation with the state auditor,
39-9 may develop standards and criteria to account for or to reclassify
39-10 receivables determined to be uncollectible. The standards and
39-11 criteria developed by the comptroller must comply with generally
39-12 accepted accounting principles as prescribed or modified by the
39-13 Governmental Accounting Standards Board or its successors and must
39-14 provide proper accounting controls to protect state finances. The
39-15 state auditor shall review and approve the standards and criteria
39-16 for classification of receivables. Receivables may be reclassified
39-17 as collectible or uncollectible according to the process approved
39-18 by the state auditor or on a case-by-case basis as determined or
39-19 approved by that office. The classification of receivables as
39-20 uncollectible under this subsection does not constitute forgiveness
39-21 of the debt, and any person indebted to the state remains subject
39-22 to Section 403.055.
39-23 SECTION 68. Section 183.023, Tax Code, is amended to read as
39-24 follows:
39-25 Sec. 183.023. PAYMENT. The tax due for the preceding month
39-26 shall accompany the return and shall be payable to the state. The
39-27 comptroller shall deposit the revenue in the general revenue [mixed
40-1 beverage tax clearance] fund.
40-2 SECTION 69. Section 183.051(b), Tax Code, is amended to read
40-3 as follows:
40-4 (b) The legislature may appropriate for payment [comptroller
40-5 shall issue] to each county or incorporated municipality an amount
40-6 equal to a percentage of revenues received [a warrant drawn on the
40-7 mixed beverage tax clearance fund in the amount of 10.7143 percent
40-8 of receipts] from permittees within each [the] county or [during
40-9 the quarter and shall issue to each] incorporated municipality
40-10 based on percentages or specific amounts provided for in the
40-11 General Appropriations Act [a warrant drawn on that fund in the
40-12 amount of 10.7143 percent of receipts from permittees within the
40-13 incorporated municipality during the quarter. The remainder of the
40-14 receipts for the quarter and all interest earned on that fund shall
40-15 be transferred to the general revenue fund].
40-16 SECTION 70. Section 74.006(d), Human Resources Code, is
40-17 amended to read as follows:
40-18 (d) Money in the trust fund may be invested and shall be
40-19 accounted for separately from other funds in the treasury. The
40-20 council may direct the investment of funds consistent with the
40-21 comptroller's authority to invest funds under Section 404.024,
40-22 Government Code. After the deduction of investment related
40-23 expenses, net income and interest [Interest] earned on money in the
40-24 trust fund shall be deposited to the credit of the trust fund.
40-25 SECTION 71. (a) Sections 403.005, 403.016(e), 403.0165(j),
40-26 and 2103.032(c), Government Code, are repealed.
40-27 (b) Section 403.021(f), Government Code, is repealed.
41-1 SECTION 72. This Act takes effect immediately, except that
41-2 Sections 1, 26, 41-45, 47-51, 62-70, and 71(b) take effect
41-3 September 1, 1997.
41-4 SECTION 73. (a) The changes in law made by Sections 42 and
41-5 43 of this Act apply only to a separation from state employment
41-6 that occurs on or after the effective date of this Act. A
41-7 separation that occurs before that date is governed by the law in
41-8 effect at the time of the separation, and the former law is
41-9 continued in effect for that purpose.
41-10 (b) The changes in law made by Sections 48 and 49 of this
41-11 Act apply only to coverages for periods on or after the effective
41-12 date of this Act. The coverages for periods before that date are
41-13 governed by the law as it existed immediately before the effective
41-14 date of this Act, and that former law is continued in effect for
41-15 that purpose.
41-16 SECTION 74. The importance of this legislation and the
41-17 crowded condition of the calendars in both houses create an
41-18 emergency and an imperative public necessity that the
41-19 constitutional rule requiring bills to be read on three several
41-20 days in each house be suspended, and this rule is hereby suspended,
41-21 and that this Act take effect and be in force according to its
41-22 terms, and it is so enacted.