1-1 By: Armbrister S.B. No. 645
1-2 (In the Senate - Filed February 18, 1997; February 20, 1997,
1-3 read first time and referred to Committee on Finance;
1-4 April 7, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 7, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 645 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to state fiscal matters, including holidays, employee
1-11 compensation and deductions, reports, consultants, and the
1-12 comptroller's powers.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (c), Section 659.083, Government Code,
1-15 is amended to read as follows:
1-16 (c) In this section, "working day" means a day other than
1-17 Saturday, Sunday, or a national holiday[, or a state holiday] as
1-18 listed in the General Appropriations Act or Chapter 662. A day
1-19 does not cease to be a national holiday because a state agency
1-20 maintains or is required to maintain a minimum working staff on the
1-21 holiday.
1-22 SECTION 2. Subsection (b), Section 465.008, Government Code,
1-23 is amended to read as follows:
1-24 (b) The commission may enter into a contract with another
1-25 state agency, a political subdivision of the state, including a
1-26 special utility district as defined by Section 65.001, Water Code,
1-27 the United States, or a private agency, college, university,
1-28 corporation, partnership, association, or other person for an
1-29 appropriate purpose in connection with the performance of its
1-30 duties, including a contract, study, investigation, or proposal
1-31 necessary to conduct its duties. Subchapter B, Chapter 2254, does
1-32 not apply to use by the commission of a [private] consultant to
1-33 provide services in connection with formulation or submission of
1-34 two or more siting proposals under this chapter, except that in
1-35 selecting the consultant the commission shall give the preference
1-36 required by Section 2254.027(2) [3(b)(2) of that chapter].
1-37 SECTION 3. Section 2254.021, Government Code, is amended to
1-38 read as follows:
1-39 Sec. 2254.021. DEFINITIONS. In this subchapter:
1-40 (1) "Consulting service" means the service of studying
1-41 or advising a state agency under a contract that does not involve
1-42 the traditional relationship of employer and employee.
1-43 (2) "Major consulting services contract" means a
1-44 consulting services contract for which it is reasonably foreseeable
1-45 that the value of the contract will exceed $10,000.
1-46 (3) "Consultant" ["Private consultant"] means a person
1-47 that provides or proposes to provide a consulting service. The
1-48 term includes a political subdivision but does not include the
1-49 federal government, a state agency, or a state governmental entity.
1-50 (4) "Political subdivision" means:
1-51 (A) a county;
1-52 (B) an incorporated or unincorporated
1-53 municipality;
1-54 (C) a public junior college;
1-55 (D) a public school district or other
1-56 educational or rehabilitative district;
1-57 (E) a metropolitan or regional transit
1-58 authority;
1-59 (F) an airport authority;
1-60 (G) a river authority or compact;
1-61 (H) a regional planning commission, a council of
1-62 governments, or a similar regional planning agency created under
1-63 Chapter 391, Local Government Code;
1-64 (I) the Edwards Aquifer Authority or a district
2-1 governed by Title 4, Water Code;
2-2 (J) a soil and water conservation district;
2-3 (K) a county or municipal improvement district;
2-4 (L) a county road or road utility district;
2-5 (M) a county housing authority;
2-6 (N) an emergency services or communications
2-7 district;
2-8 (O) a fire prevention district;
2-9 (P) a public health or hospital authority or
2-10 district;
2-11 (Q) a mosquito control district;
2-12 (R) a special waste district;
2-13 (S) a rural rail transportation district; or
2-14 (T) any other local government or special
2-15 district of this state.
2-16 (5) "State agency" has the meaning assigned by Section
2-17 2151.002 [1.02, State Purchasing and General Services Act (Article
2-18 601b, Vernon's Texas Civil Statutes)].
2-19 (6) "State governmental entity" means a state
2-20 department, commission, board, office, institution, facility, or
2-21 other agency the jurisdiction of which is not limited to a
2-22 geographical portion of the state. The term includes a university
2-23 system and an institution of higher education, other than a public
2-24 junior college, as defined by Section 61.003, Education Code. The
2-25 term does not include a political subdivision.
2-26 SECTION 4. Section 2254.022, Government Code, is amended to
2-27 read as follows:
2-28 Sec. 2254.022. INTERPRETATION OF SUBCHAPTER. (a) This
2-29 subchapter shall be interpreted to ensure:
2-30 (1) the greatest and fairest competition in the
2-31 selection by state agencies of [private] consultants; and
2-32 (2) the giving of notice to all potential [private]
2-33 consultants of the need for and opportunity to provide consulting
2-34 services.
2-35 (b) This subchapter does not:
2-36 (1) discourage state agencies from using [private]
2-37 consultants if the agencies reasonably foresee that the use of
2-38 [private] consultants will produce a more efficient and less costly
2-39 operation or project;
2-40 (2) prohibit the making of a sole-source contract for
2-41 consulting services if a proposal is not received from a competent,
2-42 knowledgeable, and qualified [private] consultant at a reasonable
2-43 fee, after compliance with this subchapter; or
2-44 (3) require or prohibit the use of competitive bidding
2-45 procedures to purchase consulting services.
2-46 SECTION 5. Subsections (a), (b), and (e), Section 2254.025,
2-47 Government Code, are amended to read as follows:
2-48 (a) The governor, after receipt of a request complying with
2-49 this section, may grant a limited waiver of the provisions of this
2-50 subchapter for a state agency that requires [private] consulting
2-51 services before compliance with this subchapter can be completed
2-52 because of an unforeseen emergency.
2-53 (b) A state agency's request for a waiver must include
2-54 information required by the governor, including:
2-55 (1) information about the nature of the emergency;
2-56 (2) the reason that the state agency did not foresee
2-57 the emergency;
2-58 (3) the name of the [private] consultant with whom the
2-59 agency intends to contract; and
2-60 (4) the amount of the intended contract.
2-61 (e) In this section, "unforeseen emergency" means a
2-62 situation that suddenly and unexpectedly causes a state agency to
2-63 need the services of a [private] consultant. The term includes the
2-64 issuance of a court order, an actual or imminent natural disaster,
2-65 and new state or federal legislation. An emergency is not
2-66 unforeseen if a state agency was negligent in foreseeing the
2-67 occurrence of the emergency.
2-68 SECTION 6. Section 2254.026, Government Code, is amended to
2-69 read as follows:
3-1 Sec. 2254.026. CONTRACT WITH [PRIVATE] CONSULTANT. A state
3-2 agency may contract with a [private] consultant only if:
3-3 (1) there is a substantial need for the consulting
3-4 services; and
3-5 (2) the agency cannot adequately perform the services
3-6 with its own personnel or obtain the consulting services through a
3-7 contract with a [another] state governmental entity [agency].
3-8 SECTION 7. Section 2254.027, Government Code, is amended to
3-9 read as follows:
3-10 Sec. 2254.027. SELECTION OF [PRIVATE] CONSULTANT. In
3-11 selecting a [private] consultant, a state agency shall:
3-12 (1) base its choice on demonstrated competence,
3-13 knowledge, and qualifications and on the reasonableness of the
3-14 proposed fee for the services; and
3-15 (2) if other considerations are equal, give preference
3-16 to a [private] consultant whose principal place of business is in
3-17 the state or who will manage the consulting contract wholly from an
3-18 office in the state.
3-19 SECTION 8. Subsection (a), Section 2254.028, Government
3-20 Code, is amended to read as follows:
3-21 (a) Before entering into a major consulting services
3-22 contract, a state agency shall:
3-23 (1) notify the Legislative Budget Board and the
3-24 governor's Budget and Planning Office that the agency intends to
3-25 contract with a [private] consultant;
3-26 (2) give information to the Legislative Budget Board
3-27 and the governor's Budget and Planning Office to demonstrate that
3-28 the agency has complied or will comply with Sections 2254.026 and
3-29 2254.027; and
3-30 (3) obtain a finding of fact from the governor's
3-31 Budget and Planning Office that the consulting services are
3-32 necessary.
3-33 SECTION 9. Section 2254.029, Government Code, is amended to
3-34 read as follows:
3-35 Sec. 2254.029. PUBLICATION IN TEXAS REGISTER BEFORE ENTERING
3-36 INTO MAJOR CONSULTING SERVICES CONTRACT. (a) Not later than the
3-37 30th day before the date it enters into a major consulting services
3-38 contract, a state agency shall file with the secretary of state for
3-39 publication in the Texas Register:
3-40 (1) an invitation for [private] consultants to provide
3-41 offers of consulting services;
3-42 (2) the name of the individual who should be contacted
3-43 by a [private] consultant that intends to make an offer;
3-44 (3) the closing date for the receipt of offers; and
3-45 (4) the procedure by which the state agency will award
3-46 the contract.
3-47 (b) If the consulting services sought by a state agency
3-48 relate to services previously provided by a [private] consultant,
3-49 the agency shall disclose that fact in the invitation required by
3-50 Subsection (a). If the state agency intends to award the contract
3-51 for the consulting services to a [private] consultant that
3-52 previously provided the services, unless a better offer is
3-53 received, the agency shall disclose its intention in the invitation
3-54 required by Subsection (a).
3-55 SECTION 10. Section 2254.030, Government Code, is amended to
3-56 read as follows:
3-57 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
3-58 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 10th
3-59 day after the date of entering into a major consulting services
3-60 contract, the state agency shall file with the secretary of state
3-61 for publication in the Texas Register:
3-62 (1) a description of the activities that the [private]
3-63 consultant will conduct;
3-64 (2) the name and business address of the [private]
3-65 consultant;
3-66 (3) the total value and the beginning and ending dates
3-67 of the contract; and
3-68 (4) the dates on which documents, films, recordings,
3-69 or reports that the [private] consultant is required to present to
4-1 the agency are due.
4-2 SECTION 11. Subsections (a) and (b), Section 2254.036,
4-3 Government Code, are amended to read as follows:
4-4 (a) On request, a state agency shall, after the agency's
4-5 contract with a [private] consultant has ended, supply the
4-6 Legislative Budget Board and the governor's Budget and Planning
4-7 Office with copies of all documents, films, recordings, or reports
4-8 compiled by the consultant under the contract.
4-9 (b) Copies of all documents, films, recordings, or reports
4-10 compiled by the [private] consultant shall be filed with the Texas
4-11 State Library and shall be retained by the library for at least
4-12 five years.
4-13 SECTION 12. Section 2254.037, Government Code, is amended to
4-14 read as follows:
4-15 Sec. 2254.037. REPORTS. As part of the biennial budgetary
4-16 hearing process conducted by the Legislative Budget Board and the
4-17 governor's Budget and Planning Office, a state agency shall report
4-18 to the Legislative Budget Board and the governor's Budget and
4-19 Planning Office on any actions taken in response to the
4-20 recommendations of any [private] consultant with whom the state
4-21 agency contracts during the previous biennium.
4-22 SECTION 13. Subchapter B, Chapter 403, Government Code, is
4-23 amended by adding Section 403.026 to read as follows:
4-24 Sec. 403.026. RULES. (a) The comptroller may adopt rules
4-25 to interpret, implement, and administer a state statute if:
4-26 (1) the statute specifically authorizes or requires
4-27 the comptroller to interpret, implement, or administer the statute;
4-28 or
4-29 (2) the comptroller determines that the rules are
4-30 necessary for fulfillment of the comptroller's constitutional or
4-31 statutory duties.
4-32 (b) Subsection (a) does not apply to a state statute if the
4-33 statute specifically authorizes the comptroller or a state agency
4-34 to adopt rules to interpret, implement, and administer the statute.
4-35 SECTION 14. Subsection (h), Section 403.071, Government
4-36 Code, is amended to read as follows:
4-37 (h) This subsection applies if the comptroller and a state
4-38 agency have contracted in accordance with Subsection (g). The
4-39 comptroller shall audit claims after payment in the same way that
4-40 the comptroller audits claims before payment under Subsection (a).
4-41 The comptroller may establish requirements and adopt rules
4-42 concerning the time that a state agency must retain documentation
4-43 in its files to enable a postpayment audit. If a postpayment audit
4-44 by the comptroller shows that a claim presented by a state agency
4-45 was invalid, the comptroller may:
4-46 (1) implement procedures to ensure that similar
4-47 invalid claims from the state agency are not paid in the future;
4-48 (2) report to the governor, the lieutenant governor,
4-49 the speaker of the house of representatives, the state auditor, and
4-50 the Legislative Budget Board the results of the audit;
4-51 (3) require the state agency to obtain a refund of the
4-52 monies from the payee;
4-53 (4) cancel the contract with the state agency; and
4-54 (5) reduce the state agency's remaining appropriations
4-55 by the amount of the claim.
4-56 SECTION 15. Section 659.062, Government Code, is amended by
4-57 adding Subsection (e) to read as follows:
4-58 (e) The comptroller may establish procedures and adopt rules
4-59 to administer this section.
4-60 SECTION 16. Subchapter G, Chapter 659, Government Code, is
4-61 amended by adding Section 659.110 to read as follows:
4-62 Sec. 659.110. RULES. The comptroller may establish
4-63 procedures and adopt rules to administer the credit union deduction
4-64 program authorized by this subchapter.
4-65 SECTION 17. Subchapter B, Chapter 661, Government Code, is
4-66 amended by adding Section 661.038 to read as follows:
4-67 Sec. 661.038. RULES. The comptroller may establish
4-68 procedures and adopt rules to administer this subchapter.
4-69 SECTION 18. Subchapter C, Chapter 661, Government Code, is
5-1 amended by adding Section 661.068 to read as follows:
5-2 Sec. 661.068. RULES. The comptroller may establish
5-3 procedures and adopt rules to administer this subchapter.
5-4 SECTION 19. Subchapter D, Chapter 661, Government Code, is
5-5 amended by adding Section 661.094 to read as follows:
5-6 Sec. 661.094. RULES. The comptroller may establish
5-7 procedures and adopt rules to administer this subchapter.
5-8 SECTION 20. Subchapter A, Chapter 662, Government Code, is
5-9 amended by adding Section 662.012 to read as follows:
5-10 Sec. 662.012. RULES. The comptroller may establish
5-11 procedures and adopt rules to administer Sections 662.001-662.010.
5-12 SECTION 21. Subsection (e), Section 57.48, Education Code,
5-13 is amended to read as follows:
5-14 (e) This section does not prohibit the comptroller from
5-15 issuing a warrant to pay the compensation of:
5-16 (1) a state officer or employee; or
5-17 (2) an individual whose compensation is being paid by
5-18 a private person through a state agency.
5-19 SECTION 22. Subdivision (4), Subsection (f), Section 57.48,
5-20 Education Code, is amended to read as follows:
5-21 (4) This subsection does not prohibit a state agency
5-22 from paying the compensation of:
5-23 (A) a state officer or employee; or
5-24 (B) an individual whose compensation is being
5-25 paid by a private person through the agency.
5-26 SECTION 23. Subsection (c), Section 403.055, Government
5-27 Code, is amended to read as follows:
5-28 (c) This section does not prohibit the comptroller from
5-29 issuing a warrant to pay the compensation of:
5-30 (1) a state officer or employee; or
5-31 (2) an individual whose compensation is being paid by
5-32 a private person through a state agency.
5-33 SECTION 24. Subdivision (4), Subsection (e), Section
5-34 403.055, Government Code, is amended to read as follows:
5-35 (4) This subsection does not prohibit a state agency
5-36 from paying the compensation of:
5-37 (A) a state officer or employee; or
5-38 (B) an individual whose compensation is being
5-39 paid by a private person through the agency.
5-40 SECTION 25. Subsection (c), Section 481.0841, Government
5-41 Code, is amended to read as follows:
5-42 (c) This section does not prohibit the comptroller from
5-43 issuing a warrant or initiating an electronic funds transfer to pay
5-44 the compensation of:
5-45 (1) a state officer or employee; or
5-46 (2) an individual whose compensation is being paid by
5-47 a private person through a state agency.
5-48 SECTION 26. Subdivisions (2) and (4), Subsection (d),
5-49 Section 481.0841, Government Code, are amended to read as follows:
5-50 (2) A state agency may not use funds inside or outside
5-51 the state treasury to pay a user if the [agency knows that the]
5-52 user is in default on a loan guaranteed under this subchapter and
5-53 with respect to which the department has been required to honor a
5-54 guarantee.
5-55 (4) This subsection does not prohibit a state agency
5-56 from paying the compensation of:
5-57 (A) a state officer or employee; or
5-58 (B) an individual whose compensation is being
5-59 paid by a private person through the agency.
5-60 SECTION 27. Section 662.001, Government Code, is amended by
5-61 amending Subdivisions (1) and (3) and adding Subdivision (4) to
5-62 read as follows:
5-63 (1) "Part-time state employee" means a state employee
5-64 who normally works fewer [less] than 40 hours each week.
5-65 (3) "State employee" means an employee of a state
5-66 agency or an appointed officer of a state agency whose office is
5-67 not created by the state constitution. The term includes a
5-68 part-time, hourly, or temporary state employee.
5-69 (4) "Workday" means a day on which a state employee is
6-1 normally scheduled to work. The term does not include a national
6-2 or state holiday.
6-3 SECTION 28. Section 662.005, Government Code, is amended to
6-4 read as follows:
6-5 Sec. 662.005. ENTITLEMENT TO PAID DAY OFF. (a) An
6-6 individual who is a [A] state employee on the last workday before
6-7 or the first workday after a national or state holiday, or on both
6-8 workdays, is entitled, except as provided by Section 662.010, to a
6-9 paid day off from working for a state agency [work] on the [each
6-10 national or state] holiday if:
6-11 (1) the holiday [that] does not fall on a Saturday or
6-12 Sunday; and
6-13 (2) the General Appropriations Act does not prohibit
6-14 state agencies from observing the holiday.
6-15 (b) In this [This] section, "state employee":
6-16 (1) includes an individual who uses paid leave from a
6-17 state agency; and
6-18 (2) does not include an individual who uses unpaid
6-19 leave from a state agency [does not apply to a holiday that the
6-20 General Appropriations Act prohibits state agencies from
6-21 observing].
6-22 SECTION 29. Subsections (a) and (b), Section 662.006,
6-23 Government Code, are amended to read as follows:
6-24 (a) An individual who is a [A] state employee on the last
6-25 workday before or the first workday after an optional holiday, or
6-26 on both workdays, is entitled, except as provided by Section
6-27 662.010, to a paid day off from working for a state agency on the
6-28 [each day of an optional] holiday if:
6-29 (1) the holiday [that] does not fall on a Saturday or
6-30 Sunday;
6-31 (2) [if] the employee agrees to give up, during the
6-32 same fiscal year, a state holiday that:
6-33 (A) does not fall on a Saturday or Sunday; and
6-34 (B) the General Appropriations Act does not
6-35 prohibit state agencies from observing; and
6-36 (3) the General Appropriations Act does not prohibit
6-37 state agencies from observing the optional holiday.
6-38 (b) A state employee is entitled to a paid day off from
6-39 working for a state agency on each day of an optional holiday that
6-40 extends for more than one day if the employee:
6-41 (1) qualifies for the paid day off under Subsection
6-42 (a); and
6-43 (2) agrees to give up during the same fiscal year an
6-44 equivalent number of state holidays that:
6-45 (A) do not fall on a Saturday or Sunday; and
6-46 (B) the General Appropriations Act does not
6-47 prohibit state agencies from observing.
6-48 SECTION 30. Subsection (a), Section 662.007, Government
6-49 Code, is amended to read as follows:
6-50 (a) A state employee who is required to work on a national
6-51 or state holiday [that does not fall on a Saturday or Sunday] is
6-52 entitled to compensatory time off during the 12 months after the
6-53 holiday if the state employee is entitled to a paid day off from
6-54 working for a state agency on the holiday under Section 662.005.
6-55 SECTION 31. Section 662.010, Government Code, is amended to
6-56 read as follows:
6-57 Sec. 662.010. HOLIDAY BEFORE WORK BEGINS OR AFTER WORK ENDS.
6-58 (a) An individual who is not a [A] state employee [who begins
6-59 working for a state agency] on the last workday before a state or
6-60 national holiday but who is a state employee on the first workday
6-61 after the holiday may not [of a month is entitled to] be paid for
6-62 the [a state or national] holiday [that occurs before the first
6-63 workday] if it [the holiday:]
6-64 [(1)] occurs during the same month as the last workday
6-65 before the holiday[; and]
6-66 [(2) does not fall on a Saturday or Sunday].
6-67 (b) An individual who is a [A] state employee [who stops
6-68 working for a state agency] on the last workday before a state or
6-69 national holiday but who is not a state employee on the first
7-1 workday after the holiday may not [of a month is entitled to] be
7-2 paid for the [a state or national] holiday [that occurs after the
7-3 last workday] if it [the holiday:]
7-4 [(1)] occurs before the first workday of a month and
7-5 during that [the] month[; and]
7-6 [(2) does not fall on a Saturday or Sunday].
7-7 (c) In this section, "state employee":
7-8 (1) includes an individual who uses paid leave from a
7-9 state agency; and
7-10 (2) does not include an individual who uses unpaid
7-11 leave from a state agency ["workday" means a day on which a state
7-12 employee is normally scheduled to work].
7-13 SECTION 32. Subsections (f), (h), and (i), Section 403.0165,
7-14 Government Code, are amended to read as follows:
7-15 (f) An organization not previously certified may submit an
7-16 application for certification as an eligible state employee
7-17 organization to the comptroller at any time except during the
7-18 period after June 2 and before September 1 [within 90 days prior to
7-19 the beginning of the fiscal year].
7-20 (h) The comptroller may [shall] charge an administrative fee
7-21 to cover the costs incurred as a result of administering this
7-22 section. The administrative [Administrative] fees charged by the
7-23 comptroller shall be paid by each qualifying state employee
7-24 organization on a pro rata basis to be determined by the
7-25 comptroller. The comptroller by rule shall determine the most
7-26 efficient and effective method of collecting the [such
7-27 administrative] fees. [The comptroller shall adopt rules for the
7-28 administration of this section.]
7-29 (i) The comptroller may adopt rules for the administration
7-30 of this section [shall allocate the administrative fees on a
7-31 proportional basis to each employing state agency that incurs costs
7-32 in administering this subsection].
7-33 SECTION 33. Section 659.041, Government Code, is amended to
7-34 read as follows:
7-35 Sec. 659.041. DEFINITIONS. In this subchapter:
7-36 (1) "Appointment" means a job title.
7-37 (2) "Full-time state employee" means:
7-38 (A) a state employee who works in the executive
7-39 or judicial branch of state government, other than a state
7-40 institution of higher education, and who is normally scheduled to
7-41 work a total of at least 40 hours a week for a single state agency
7-42 [in one position]; [or]
7-43 (B) a state employee who works for a state
7-44 institution of higher education and who is normally scheduled to
7-45 work a total of at least 40 hours a week in one position, as
7-46 determined under Section 659.0411; or
7-47 (C) a state employee who works in the
7-48 legislative branch of state government and who is normally
7-49 scheduled to work a total of 40 or more hours a week in all
7-50 positions held in the legislative branch.
7-51 (3) [(2)] "Part-time state employee" means a state
7-52 employee who is not a full-time state employee.
7-53 (4) [(3)] "State employee" means an individual who:
7-54 (A) is covered by Chapter 654;
7-55 (B) holds a line item or exempt position;
7-56 (C) works in a nonacademic position at a state
7-57 institution of higher education at least 20 hours a week for at
7-58 least 4.5 consecutive months; or
7-59 (D) is an hourly employee of the state.
7-60 SECTION 34. Subchapter D, Chapter 659, Government Code, is
7-61 amended by adding Section 659.0411 to read as follows:
7-62 Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
7-63 EDUCATION. (a) A state institution of higher education shall
7-64 determine whether a state employee who has more than one
7-65 appointment with the institution holds only one position or holds
7-66 one position for each appointment.
7-67 (b) A board of regents shall determine whether a state
7-68 employee who has an appointment with at least two state
7-69 institutions of higher education under the board's jurisdiction
8-1 holds only one position or holds one position for each appointment.
8-2 (c) A state employee who has an appointment with at least
8-3 two state institutions of higher education holds more than one
8-4 position if those institutions are not governed by the same board
8-5 of regents.
8-6 SECTION 35. Section 659.132, Government Code, is amended to
8-7 read as follows:
8-8 Sec. 659.132. DEDUCTION AUTHORIZED. (a) A state employee
8-9 may authorize a deduction each pay period from the employee's
8-10 salary or wage payment for a charitable contribution as provided by
8-11 this subchapter.
8-12 (b) Except as provided by Subsections (c), (d), and (e), a
8-13 state employee may authorize a deduction only during a state
8-14 employee charitable campaign.
8-15 (c) A state employee who begins working for the state when a
8-16 campaign is not being conducted may authorize a deduction according
8-17 to the comptroller's requirements.
8-18 (d) A state employee who works for a state agency that does
8-19 not allow deduction authorizations under Subsection (i) may
8-20 authorize a deduction that is effective with the first full payroll
8-21 period after the agency is converted to a system in which uniform
8-22 statewide payroll procedures are followed.
8-23 (e) A state employee who works for a state agency that does
8-24 not allow deduction authorizations under Subsection (i) may
8-25 authorize a deduction after transferring from that agency to:
8-26 (1) a state agency that allows deduction
8-27 authorizations even though it may prohibit them under Subsection
8-28 (i); or
8-29 (2) a state agency not covered by Subsection (i).
8-30 (f) A state employee who authorized a deduction while
8-31 working for a state agency may continue the deduction after
8-32 transferring to another state agency if the comptroller's rules for
8-33 continuing the deduction are followed.
8-34 (g) An authorization must direct the comptroller to
8-35 distribute the deducted funds to a participating federation or fund
8-36 and a local campaign manager as prescribed by rule.
8-37 (h) [(c)] A deduction under this subchapter must be in the
8-38 form prescribed by the comptroller.
8-39 (i) [(d)] A state agency other than an institution of higher
8-40 education is not required to permit an employee to authorize a
8-41 deduction under this subchapter until the first full payroll period
8-42 after the agency converts to a system in which uniform statewide
8-43 payroll procedures are followed.
8-44 (j) [(e)] The comptroller by rule may establish a reasonable
8-45 minimum deduction for each pay period.
8-46 SECTION 36. Subsections (a) and (c), Section 659.136,
8-47 Government Code, are amended to read as follows:
8-48 (a) A state employee may revoke or change an authorization
8-49 by giving notice to the employing state agency. A state employee
8-50 may not change the eligible charitable organization designated to
8-51 receive the employee's deductions.
8-52 (c) A revocation or change takes effect on the date
8-53 designated [when it is approved] by the comptroller by rule.
8-54 SECTION 37. Section 659.137, Government Code, is amended to
8-55 read as follows:
8-56 Sec. 659.137. DURATION OF DEDUCTION. (a) A deduction under
8-57 this subchapter begins on the date designated by the comptroller by
8-58 rule.
8-59 (b) A deduction [by a state employee] under this subchapter
8-60 is effective for a maximum of one campaign year and, unless revoked
8-61 or changed under Section 659.136, ends on[:]
8-62 [(1) the first anniversary of] the date designated by
8-63 the comptroller by rule [it begins; or]
8-64 [(2) the effective date of a revocation of or change
8-65 in the authorization by the employee].
8-66 SECTION 38. Subsection (d), Section 659.148, Government
8-67 Code, is amended to read as follows:
8-68 (d) Except as provided by this subsection, the [The]
8-69 comptroller shall charge an administrative fee to cover costs
9-1 incurred by the comptroller and employing state agencies in the
9-2 implementation of this subchapter to the charitable organizations
9-3 participating in the first state employee charitable campaign
9-4 conducted under this subchapter in the same proportion that the
9-5 contributions to that charitable organization bear to the total of
9-6 contributions in that campaign. Except as provided by this
9-7 subsection, the [The] comptroller shall charge an administrative
9-8 fee to cover costs incurred by the comptroller and employing state
9-9 agencies in the administration of this subchapter to the charitable
9-10 organizations in each subsequent state employee charitable campaign
9-11 in the same proportion that the contributions to that charitable
9-12 organization bear to the total of contributions in that campaign.
9-13 The comptroller may decline to charge an administrative fee if the
9-14 comptroller determines the costs that would be covered by the fee
9-15 are insignificant. The comptroller shall determine the most
9-16 efficient and effective method of collecting the administrative fee
9-17 and shall adopt rules for the implementation of this section.
9-18 SECTION 39. Section 659.109, Government Code, is amended to
9-19 read as follows:
9-20 Sec. 659.109. ALLOCATION [AND APPROPRIATION] OF
9-21 ADMINISTRATIVE FEES. [(a)] The state shall allocate and pay to
9-22 each state agency that incurs costs in administering this
9-23 subchapter the agency's proportional amount of the administrative
9-24 fees collected by the state under this subchapter.
9-25 [(b) An administrative fee withheld under this subchapter
9-26 may be used, without further appropriation, by the comptroller and
9-27 the state agencies incurring costs in administering this
9-28 subchapter.]
9-29 SECTION 40. Subsection (a), Section 659.146, Government
9-30 Code, is amended to read as follows:
9-31 (a) To be eligible to participate in a state employee
9-32 charitable campaign, a charitable organization must:
9-33 (1) be governed by a voluntary board of citizens that
9-34 meets at least twice each year to set policy and manage the affairs
9-35 of the organization;
9-36 (2) if the organization's annual budget:
9-37 (A) does not exceed [is less than] $100,000,
9-38 provide a completed Internal Revenue Service Form 990 and an
9-39 accountant's review that offers full and open disclosure of the
9-40 organization's internal operations; or
9-41 (B) exceeds [is equal to or more than] $100,000,
9-42 be audited annually in accordance with generally accepted auditing
9-43 standards of the American Institute of Certified Public
9-44 Accountants; and
9-45 (3) not spend more than 25 percent of its annual
9-46 revenue for administrative and fund-raising expenses.
9-47 SECTION 41. Subdivisions (1) and (3), Section 661.061,
9-48 Government Code, are amended to read as follows:
9-49 (1) "National holiday" includes only those days listed
9-50 under Section 662.003(a). The term does not include a national
9-51 holiday on which a state employee is not entitled to a paid day off
9-52 from work under Section 662.005.
9-53 (3) "State holiday" includes only those days listed
9-54 under Section 662.003(b). The term does not include a state
9-55 holiday on which a state employee is not entitled to a paid day off
9-56 from work under Section 662.005.
9-57 SECTION 42. Subsection (b), Section 661.062, Government
9-58 Code, is amended to read as follows:
9-59 (b) A separation from state employment includes a separation
9-60 in which the employee:
9-61 (1) leaves one state agency to begin working for
9-62 another state agency, if one or more workdays occur between the two
9-63 employments;
9-64 (2) moves from a position in a state agency that
9-65 accrues vacation time to a position in that agency that does not
9-66 accrue vacation time, if the agency agrees to pay the employee for
9-67 the accrued balance of the employee's vacation time;
9-68 (3) moves from a position in a state agency that
9-69 accrues vacation time to a position in another state agency that
10-1 does not accrue vacation time, if the other state agency refuses to
10-2 credit the employee for the balance of the employee's vacation time
10-3 as of the date of the move; [or]
10-4 (4) moves from a position in a state agency that does
10-5 not accrue vacation time to a position in another state agency that
10-6 does not accrue vacation time, if the other state agency is not
10-7 authorized or refuses to credit the employee for the balance of the
10-8 employee's vacation time as of the date of the move; or
10-9 (5) holds two or more positions, and separates from
10-10 one that accrues vacation time.
10-11 SECTION 43. Section 661.063, Government Code, is amended to
10-12 read as follows:
10-13 Sec. 661.063. COMPUTATION OF PAYMENT. (a) Except as
10-14 provided by Subsection (b), the [The] payment to a state employee
10-15 under this subchapter shall be computed by multiplying the
10-16 employee's rate of compensation on the date of separation from
10-17 state employment by the total number of hours of vacation time
10-18 determined under Section 661.064.
10-19 (b) The payment under this subchapter to a state employee
10-20 who separates from state employment while holding a position that
10-21 does not accrue vacation time shall be computed according to this
10-22 subsection. The employee's final rate of compensation in the last
10-23 position held that accrues vacation time shall be multiplied by the
10-24 employee's total number of hours of vacation time determined under
10-25 Section 661.064.
10-26 (c) Under this section, rate of compensation:
10-27 (1) includes an emolument in lieu of base pay for
10-28 which the state employee was eligible [on the last day of
10-29 employment]; and
10-30 (2) does not include longevity or hazardous duty pay.
10-31 SECTION 44. Section 661.064, Government Code, is amended by
10-32 amending Subsection (a) and adding Subsection (c) to read as
10-33 follows:
10-34 (a) This subsection applies except as provided by Subsection
10-35 (c). For a state employee who on the date of separation is
10-36 normally scheduled to work at least 40 hours a week, eight hours
10-37 are to be added to the employee's accrued vacation time for each
10-38 state or national holiday that is scheduled to fall within the
10-39 period after the date of separation and during which the employee
10-40 could have used the time. To determine the period during which
10-41 vacation time could have been used and the number of state or
10-42 national holidays, the employee's vacation time is allocated over
10-43 the workdays after the employee's separation and eight hours are
10-44 added as a state or national holiday occurs during the period.
10-45 (c) For a state employee who is paid under this subchapter
10-46 because the separation from state employment involves a move to a
10-47 position in a state agency that does not accrue vacation time, no
10-48 hours may be added to the employee's accrued vacation time for a
10-49 state or national holiday which is scheduled to fall within the
10-50 period after the date of separation and during which the employee
10-51 could have used the time.
10-52 SECTION 45. Subchapter A, Chapter 662, Government Code, is
10-53 amended by adding Section 662.0071 to read as follows:
10-54 Sec. 662.0071. TRANSFERS OF COMPENSATORY TIME BALANCES.
10-55 (a) A state agency shall accept the balance of compensatory time
10-56 accrued under Section 662.007 by a state employee who transfers to
10-57 that agency from another state agency if the employee transfers as
10-58 a direct result of:
10-59 (1) the legislature's transfer of legal authority or
10-60 duties from the agency that formerly employed the employee to the
10-61 agency that currently employs the employee; or
10-62 (2) a requirement of the State Council on Competitive
10-63 Government for the agency that formerly employed the employee to
10-64 bid a commercially available service that the agency previously
10-65 performed.
10-66 (b) Subsection (a) does not apply if the transferring state
10-67 employee is required to apply for the new position.
10-68 (c) In this section, "bid" means any process developed by
10-69 the State Council on Competitive Government to provide a
11-1 commercially available service in competition with private
11-2 commercial sources or state agency providers.
11-3 SECTION 46. Subsection (f), Section 403.016, Government
11-4 Code, is amended to read as follows:
11-5 (f)(1) Except as provided by Subdivision (2) and subject to
11-6 any limitation in rules adopted by the comptroller, an automated
11-7 clearinghouse, or the federal government [Subsection (e)], the
11-8 comptroller may use the electronic funds transfer system to deposit
11-9 payments only to one or more accounts of a payee [payee's account]
11-10 at one or more [a] financial institutions [institution].
11-11 (2) The comptroller may use the electronic funds
11-12 transfer system to deposit a portion of an employee's net state
11-13 salary to the employee's account at a credit union if:
11-14 (A) the amount of the salary deposited to that
11-15 account exceeds the amount of salary deposited in any other account
11-16 of the employee at another type of financial institution; or
11-17 (B) the requirements concerning deductions for
11-18 payments to credit unions prescribed by Subchapter G, Chapter 659,
11-19 and by the rules adopted by the comptroller under that subchapter
11-20 are satisfied.
11-21 (3) A single electronic funds transfer may contain
11-22 payments to multiple payees. Individual transfers or warrants are
11-23 not required for each payee.
11-24 SECTION 47. Subsection (c), Section 403.248, Government
11-25 Code, is amended to read as follows:
11-26 (c) In this section, "final accounting" means a
11-27 reimbursement from or additional payment to a state officer or
11-28 employee so that the net amount received by the officer or employee
11-29 [advanced from a petty cash account] equals the actual travel
11-30 expenses incurred by the officer or employee.
11-31 SECTION 48. Section 5, Texas Employees Uniform Group
11-32 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
11-33 Code), is amended by adding Subsection (k) to read as follows:
11-34 (k) If the trustee establishes a group coverage plan that
11-35 protects against the long-term or short-term loss of salary, the
11-36 trustee may use an employee's annual salary in the calculation of
11-37 the amount of the employee's premium or coverage, or both, under
11-38 the plan. For purposes of this subsection, an employee's annual
11-39 salary includes the benefit replacement pay the employee would be
11-40 earning annually under Subchapter H, Chapter 659, Government Code,
11-41 as added by Chapter 417, Acts of the 74th Legislature, 1995, if
11-42 Section 659.121(1), Government Code, defined "compensation" to
11-43 include only base salary or wages, longevity pay, hazardous duty
11-44 pay, and night differential pay.
11-45 SECTION 49. Section 11, Texas Employees Uniform Group
11-46 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
11-47 Code), is amended by amending Subsection (c) and adding Subsection
11-48 (d) to read as follows:
11-49 (c) Except as provided by Subsection (d), the [The] trustee
11-50 shall prescribe regulations providing for the conversion of other
11-51 than annual rates of pay, and specify the types of pay included in
11-52 annual pay and all other matters necessary to implement this
11-53 section.
11-54 (d) For the purpose of determining the amount of an
11-55 employee's optional term life insurance coverage, an employee's
11-56 annual salary includes the benefit replacement pay the employee
11-57 would be earning annually under Subchapter H, Chapter 659,
11-58 Government Code, as added by Chapter 417, Acts of the 74th
11-59 Legislature, 1995, if Section 659.121(1), Government Code, defined
11-60 "compensation" to include only base salary or wages, longevity pay,
11-61 hazardous duty pay, and night differential pay.
11-62 SECTION 50. Subdivision (7), Section 811.001, Government
11-63 Code, is amended to read as follows:
11-64 (7) "Compensation" means the base salary of a person;
11-65 [, including] amounts that would otherwise qualify as compensation
11-66 but are not received directly by a [the] person pursuant to a good
11-67 faith, voluntary, written salary reduction agreement in order to
11-68 finance payments to a deferred compensation or tax sheltered
11-69 annuity program specifically authorized by state law or to finance
12-1 benefit options under a cafeteria plan qualifying under Section 125
12-2 of the Internal Revenue Code of 1986 (26 U.S.C. Section 125);[,
12-3 plus] longevity and hazardous duty pay; [and includes] nonmonetary
12-4 compensation, the value of which is determined by the retirement
12-5 system; [, and] amounts by which a [the] person's salary is reduced
12-6 under a salary reduction agreement authorized by Chapter 610; and
12-7 the benefit replacement pay a person earns under Subchapter H,
12-8 Chapter 659, as added by Chapter 417, Acts of the 74th Legislature,
12-9 1995, except for the benefit replacement pay a person earns as a
12-10 result of a payment made under Subchapter B, C, or D, Chapter 661.
12-11 The term[, but] excludes overtime pay.
12-12 SECTION 51. Subsections (b) and (c), Section 822.201,
12-13 Government Code, are amended to read as follows:
12-14 (b) "Salary and wages" as used in Subsection (a) means:
12-15 (1) normal periodic payments of money for service the
12-16 right to which accrues on a regular basis in proportion to the
12-17 service performed;
12-18 (2) amounts by which the member's salary is reduced
12-19 under a salary reduction agreement authorized by Chapter 610; [and]
12-20 (3) amounts that would otherwise qualify as salary and
12-21 wages under Subdivision (1) but are not received directly by the
12-22 member pursuant to a good faith, voluntary written salary reduction
12-23 agreement in order to finance payments to a deferred compensation
12-24 or tax sheltered annuity program specifically authorized by state
12-25 law or to finance benefit options under a cafeteria plan qualifying
12-26 under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
12-27 Section 125), if:
12-28 (A) the program or benefit options are made
12-29 available to all employees of the employer; and
12-30 (B) the benefit options in the cafeteria plan
12-31 are limited to one or more options that provide deferred
12-32 compensation, group health and disability insurance, group term
12-33 life insurance, dependent care assistance programs, or group legal
12-34 services plans; and
12-35 (4) the benefit replacement pay a person earns under
12-36 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
12-37 74th Legislature, 1995, except as provided by Subsection (c).
12-38 (c) Excluded from salary and wages are expense payments,
12-39 allowances, payments for unused vacation or sick leave, maintenance
12-40 or other nonmonetary compensation, fringe benefits, deferred
12-41 compensation other than as provided by Subsection (b)(3),
12-42 compensation that is not made pursuant to a valid employment
12-43 agreement, payments received in the 1995-1996 or a subsequent
12-44 school year for teaching a driver education and traffic safety
12-45 course, the benefit replacement pay a person earns as a result of a
12-46 payment made under Subchapter B or C, Chapter 661, and any
12-47 compensation not described in Subsection (b).
12-48 SECTION 52. Subsection (a), Section 47.09, Penal Code, is
12-49 amended to read as follows:
12-50 (a) It is a defense to prosecution under this chapter that
12-51 the conduct:
12-52 (1) was authorized under:
12-53 (A) the Bingo Enabling Act (Article 179d,
12-54 Vernon's Texas Civil Statutes);
12-55 (B) the Texas Racing Act (Article 179e, Vernon's
12-56 Texas Civil Statutes); or
12-57 (C) the Charitable Raffle Enabling Act (Article
12-58 179f, Revised Statutes);
12-59 (2) consisted entirely of participation in the state
12-60 lottery authorized by Chapter 466, Government Code; or
12-61 (3) was a necessary incident to the operation of the
12-62 state lottery and was directly or indirectly authorized by:
12-63 (A) Chapter 466, Government Code;
12-64 (B) the lottery division of the Texas Lottery
12-65 Commission [comptroller's office];
12-66 (C) the Texas Lottery Commission [comptroller];
12-67 or
12-68 (D) the director of the lottery division of the
12-69 Texas Lottery Commission.
13-1 SECTION 53. Subsection (a), Section 2054.007, Government
13-2 Code, is amended to read as follows:
13-3 (a) The lottery division of the Texas Lottery Commission [in
13-4 the office of the comptroller is not included in the agency
13-5 strategic plan or biennial operating plan of the comptroller. The
13-6 lottery division] is not subject to the planning and procurement
13-7 requirements of this chapter.
13-8 SECTION 54. Section 2103.003, Government Code, is amended to
13-9 read as follows:
13-10 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
13-11 A state agency may spend appropriated funds only by:
13-12 (1) a warrant drawn by:
13-13 (A) the comptroller; or
13-14 (B) a state agency to which the comptroller has
13-15 delegated authority to print warrants under Section 403.060; or
13-16 (2) an electronic funds transfer initiated by [from]
13-17 the comptroller.
13-18 SECTION 55. Subchapter A, Chapter 2103, Government Code, is
13-19 amended by adding Section 2103.0035 to read as follows:
13-20 Sec. 2103.0035. STATE AGENCY SPENDING OF UNAPPROPRIATED
13-21 FUNDS. (a) A state agency may spend unappropriated funds only by:
13-22 (1) a warrant drawn by:
13-23 (A) the comptroller; or
13-24 (B) a state agency to which the comptroller has
13-25 delegated authority to print warrants under Section 403.060; or
13-26 (2) an electronic funds transfer initiated by the
13-27 comptroller.
13-28 (b) Subsection (a) applies only to funds that Section
13-29 404.046 or 404.069 or other law requires to be spent on warrants
13-30 drawn or electronic funds transfers initiated by the comptroller.
13-31 SECTION 56. Section 2103.004, Government Code, is amended to
13-32 read as follows:
13-33 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS
13-34 [WARRANT DRAWN BY COMPTROLLER]. A [The comptroller may not draw a]
13-35 warrant may not be drawn or an electronic funds transfer initiated
13-36 until:
13-37 (1) the state agency from whose appropriated or
13-38 unappropriated funds [appropriation] the warrant or electronic
13-39 funds transfer is payable has submitted a voucher to the
13-40 comptroller;
13-41 (2) the state agency has approved the voucher in
13-42 accordance with this chapter; and
13-43 (3) the comptroller has audited and approved the
13-44 voucher as required by law.
13-45 SECTION 57. Section 2151.002, Government Code, is amended to
13-46 read as follows:
13-47 Sec. 2151.002. DEFINITIONS. Except as otherwise provided by
13-48 [In] this subtitle:
13-49 (1) "Commission" means the General Services
13-50 Commission.
13-51 (2) "State agency" means:
13-52 (A) a department, commission, board, office, or
13-53 other agency in the executive branch of state government created by
13-54 the state constitution or a state statute[, except the Texas
13-55 High-Speed Rail Authority];
13-56 (B) the supreme court, the court of criminal
13-57 appeals, a court of appeals, or the Texas Judicial Council; or
13-58 (C) a university system or an institution of
13-59 higher education as defined by Section 61.003, Education Code,
13-60 except a public junior college.
13-61 SECTION 58. Section 2155.001, Government Code, is amended to
13-62 read as follows:
13-63 Sec. 2155.001. DEFINITIONS. Except as otherwise provided by
13-64 [In] this chapter and Chapters 2156, 2157, and 2158:
13-65 (1) "Goods" means supplies, materials, or equipment.
13-66 (2) "Service" means the furnishing of skilled or
13-67 unskilled labor or professional work, but does not include a:
13-68 (A) professional service subject to Subchapter
13-69 A, Chapter 2254;
14-1 (B) service of a state agency employee;
14-2 (C) consulting service or service of a [private]
14-3 consultant as defined by Subchapter B, Chapter 2254; or
14-4 (D) service of a public utility.
14-5 SECTION 59. Section 2155.321, Government Code, is amended by
14-6 adding Subdivisions (3) and (4) to read as follows:
14-7 (3) "Service" means the furnishing of skilled or
14-8 unskilled labor or professional work but does not include the
14-9 service of a state agency employee.
14-10 (4) "State agency" has the meaning assigned by Section
14-11 2103.001.
14-12 SECTION 60. Subsection (b), Section 2155.322, Government
14-13 Code, is amended to read as follows:
14-14 (b) If state law requires that a payment for the goods or
14-15 services be made on a warrant drawn or an electronic funds transfer
14-16 initiated by the comptroller or a state agency with delegated
14-17 authority under Section 403.060, promptly [Promptly] after the
14-18 later of the receipt of the invoice or the receipt of the goods or
14-19 services, the agency shall send to the comptroller the
14-20 certification, together with the financial information and purchase
14-21 information provided by the invoice and purchase voucher, on a form
14-22 or in the manner agreed to by the comptroller and the commission.
14-23 SECTION 61. Subsection (c), Section 2155.325, Government
14-24 Code, is amended to read as follows:
14-25 (c) For purchases audited after a warrant is issued, the
14-26 comptroller shall send the certification and purchase information
14-27 received by the comptroller under Section 2155.322(b) to the
14-28 commission under commission rules.
14-29 SECTION 62. Section 2101.011, Government Code, is amended to
14-30 read as follows:
14-31 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
14-32 AGENCIES [("100-DAY REPORTS")]. (a) A state agency as defined by
14-33 Section 403.013 shall submit the financial information requested by
14-34 the comptroller and such other information requested by the
14-35 legislature in the General Appropriations Act, including
14-36 information about state funds held outside the state treasury, to:
14-37 (1) the governor;
14-38 (2) the comptroller;
14-39 (3) the Legislative Reference Library [state
14-40 treasurer];
14-41 (4) the state auditor; and
14-42 (5) the Legislative Budget Board.
14-43 (b) A state agency [other than a university system or
14-44 institution of higher education, as defined by Section 61.003,
14-45 Education Code,] shall submit the information to the listed
14-46 officials by the date or dates provided in the General
14-47 Appropriations Act [not later than December 9 of each year. A
14-48 university system or institution of higher education shall submit
14-49 the information to the listed officials not later than the
14-50 following January 1].
14-51 (c) The comptroller may require the reporting of the
14-52 financial information for any entity that the comptroller
14-53 determines is a component unit of a statewide reporting entity in
14-54 accordance with generally accepted accounting principles as
14-55 prescribed or modified by the Governmental Accounting Standards
14-56 Board or its successors. [A state agency is not required to submit
14-57 the information if the comptroller determines the agency is not a
14-58 component unit of state government for purposes of this
14-59 subchapter.]
14-60 SECTION 63. Subsection (a), Section 466.017, Government
14-61 Code, is amended to read as follows:
14-62 (a) The executive director shall provide for a certified
14-63 public accountant to conduct an independent audit for each fiscal
14-64 year of all accounts and transactions of the lottery. The
14-65 certified public accountant may not have, as determined by the
14-66 executive director, a significant financial interest in a sales
14-67 agent, lottery vendor, or lottery operator. The certified public
14-68 accountant shall present an audit report to the executive director,
14-69 the commission, the governor, the comptroller, and the legislature
15-1 not later than the 30th day after the submission date for the
15-2 annual financial report required by the General Appropriations Act
15-3 [April 1 of the year following the fiscal year for which the audit
15-4 was performed]. The report must contain recommendations to enhance
15-5 the earnings capability of the lottery and improve the efficiency
15-6 of lottery operations. The state auditor may review the results of
15-7 and working papers related to the audit.
15-8 SECTION 64. Subsection (a), Section 2306.074, Government
15-9 Code, is amended to read as follows:
15-10 (a) The state auditor or a certified public accountant shall
15-11 audit the department's books and accounts each fiscal year and file
15-12 a copy of the audit with the governor, the comptroller, and the
15-13 legislature not later than the 30th day after the submission date
15-14 for the annual financial report as required by the General
15-15 Appropriations Act [on or before March 1 of each year]. If the
15-16 state auditor is conducting the audit and it is not available by
15-17 the 30th day after the submission date as required by the General
15-18 Appropriations Act for annual financial reporting [March 1], it
15-19 must be filed as soon as it is available.
15-20 SECTION 65. Subsection (a), Section 17, Article 5.76-3,
15-21 Insurance Code, is amended to read as follows:
15-22 (a) The [Not later than March 1 of each subsequent year,
15-23 the] board shall publish an independently audited [a] report
15-24 analyzing the fund's activities and fiscal condition during the
15-25 preceding fiscal year and shall file the report with the Texas
15-26 Department of Insurance. The board shall file the audited report
15-27 with the Texas Department of Insurance for inclusion in its [have
15-28 an independent audit made of the] annual financial report. The
15-29 annual financial report shall be submitted by the Texas Department
15-30 of Insurance by the date provided for in the General Appropriations
15-31 Act.
15-32 SECTION 66. Subsections (a) through (d), Section 403.021,
15-33 Government Code, are amended to read as follows:
15-34 (a) A state agency that expends appropriated funds shall
15-35 report into the uniform statewide accounting system all payables
15-36 and [submit a] binding encumbrances for the first three quarters of
15-37 the current appropriation year within 30 days after the close of
15-38 each quarter [encumbrance report to the comptroller and the state
15-39 auditor no later than October 30 of each year]. Binding
15-40 encumbrances for all appropriation years shall be reported annually
15-41 not later than September 30 of each fiscal year.
15-42 (b) Payables and binding encumbrances must be reported for
15-43 all appropriations [The report must indicate the unencumbered
15-44 balance, if any, of each nonconstruction appropriation for the
15-45 preceding fiscal year. The report must be made] in the format that
15-46 the comptroller prescribes. [The comptroller may reject a report
15-47 if it does not contain sufficient information or comply with the
15-48 comptroller's prescribed format.]
15-49 (c) On October 1 [31] of each fiscal year, the comptroller
15-50 shall lapse all unencumbered nonconstruction appropriation balances
15-51 for all prior appropriation years based on the payables and binding
15-52 encumbrances reported [information in the binding encumbrance
15-53 reports].
15-54 (d) If an agency submits a valid claim against a prior
15-55 year's appropriation 30 days or more after the reporting due date
15-56 [has not submitted a report by October 31, the comptroller shall
15-57 lapse the unexpended balance of the agency's appropriations. If
15-58 the agency subsequently submits a report], the comptroller may
15-59 [shall] reinstate the agency's appropriations to the extent of the
15-60 claim [they were encumbered but unexpended].
15-61 SECTION 67. Section 403.031, Government Code, is amended by
15-62 adding Subsection (c) to read as follows:
15-63 (c) The comptroller, in consultation with the state auditor
15-64 and the attorney general, may develop standards and criteria to
15-65 account for or to reclassify receivables determined to be
15-66 uncollectible. The standards and criteria developed by the
15-67 comptroller must comply with generally accepted accounting
15-68 principles as prescribed or modified by the Governmental Accounting
15-69 Standards Board or its successors and must provide proper
16-1 accounting controls to protect state finances. The state auditor
16-2 and the attorney general shall review and approve the standards and
16-3 criteria for classification of receivables. Receivables may be
16-4 reclassified as collectible or uncollectible according to the
16-5 process approved by the state auditor or on a case-by-case basis as
16-6 determined or approved by that office. The classification of
16-7 receivables as uncollectible under this subsection does not
16-8 constitute forgiveness of the debt, and any person indebted to the
16-9 state remains subject to Section 403.055.
16-10 SECTION 68. Section 183.023, Tax Code, is amended to read as
16-11 follows:
16-12 Sec. 183.023. PAYMENT. The tax due for the preceding month
16-13 shall accompany the return and shall be payable to the state. The
16-14 comptroller shall deposit the revenue in the general revenue [mixed
16-15 beverage tax clearance] fund.
16-16 SECTION 69. Subsection (d), Section 74.006, Human Resources
16-17 Code, is amended to read as follows:
16-18 (d) Money in the trust fund may be invested and shall be
16-19 accounted for separately from other funds in the treasury. The
16-20 council may direct the investment of funds consistent with the
16-21 comptroller's authority to invest funds under Section 404.024,
16-22 Government Code. After the deduction of investment related
16-23 expenses, net income and interest [Interest] earned on money in the
16-24 trust fund shall be deposited to the credit of the trust fund.
16-25 SECTION 70. Subsection (b), Section 403.003, Government
16-26 Code, is amended to read as follows:
16-27 (b) The chief clerk shall take the official oath and give
16-28 bond in the amount of $70,000 [$10,000], payable in the same manner
16-29 as the comptroller's bond, and conditioned on the faithful
16-30 performance of the duties of the office.
16-31 SECTION 71. Section 14, Texas State College and University
16-32 Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
16-33 Texas Insurance Code), is amended to read as follows:
16-34 Sec. 14. ADMINISTRATIVE COSTS. No employee covered under
16-35 the provisions of this Act shall be required to pay out of the
16-36 amount of employer contributions due him or out of the amount of
16-37 his additional premiums due for selected coverages the expenses of
16-38 the committees established in this Act; however, expenses for the
16-39 administration of the self-insured plan as provided in Section 4(d)
16-40 of this Act may come from the contributions of employees and the
16-41 state after payments for any coverages provided for under this Act
16-42 have been made [, any administrative costs, fees, or tax whatsoever
16-43 to pay expenses of a state institution or committees as herein
16-44 established for administering this Act]. The duties of each member
16-45 of the advisory committees shall be considered additional duties to
16-46 those required of his other state office or employment, and all
16-47 expenses incurred by any such member in performing his duties as a
16-48 member of the committee shall be paid out of funds made available
16-49 for those purposes to the institution of which the member is an
16-50 employee or officer.
16-51 SECTION 72. Subchapter A, Chapter 403, Government Code, is
16-52 amended by adding Section 403.008 to read as follows:
16-53 Sec. 403.008. BONDS AND EMPLOYEES. (a) In addition to
16-54 other bonds required by this chapter, the comptroller shall give
16-55 any special bond required by an Act of Congress or a federal
16-56 department or official to protect federal funds deposited with the
16-57 comptroller. The state shall pay the expenses necessary and
16-58 incidental to the execution of the bond.
16-59 (b) The comptroller shall appoint other employees that are
16-60 authorized by law. Employees who as part of their duties handle
16-61 money, drafts, checks, bills of exchange, warrants, securities, or
16-62 other evidences of debt that are or may be convertible into money,
16-63 or other valuable property shall execute a bond that is issued by a
16-64 good and solvent surety company authorized to do business in this
16-65 state, payable to the comptroller in the sum that the comptroller
16-66 requires, and conditioned on the faithful performance of the duties
16-67 of the employee's position. The comptroller also may require an
16-68 employee to be insured in the manner and sum required by the
16-69 comptroller.
17-1 (c) The state shall pay any expense incident to the
17-2 execution of the bonds and any insurance of the chief clerk and
17-3 other employees.
17-4 SECTION 73. Subchapter B, Chapter 403, Government Code, is
17-5 amended by adding Sections 403.027 and 403.028 to read as follows:
17-6 Sec. 403.027. ELECTRONIC STORAGE AND MAINTENANCE OF RECORDS.
17-7 (a) The comptroller may store and maintain a state record or an
17-8 essential record in an electronic storage format if:
17-9 (1) the method used to store and maintain the record
17-10 allows accurate reproduction of the record;
17-11 (2) the method used to store and maintain the record
17-12 conforms to any standards prescribed by the records preservation
17-13 officer to conform to any applicable rules of the National
17-14 Institute of Standards and Technology, unless those standards
17-15 conflict with the provisions of this section; and
17-16 (3) the place and manner of safekeeping the medium or
17-17 equipment on which the record is stored and maintained conforms
17-18 with the records preservation officer's requirements under Section
17-19 441.059(a), except that the records preservation officer may not
17-20 prohibit the comptroller from retaining possession of that medium
17-21 or equipment.
17-22 (b) An accurate reproduction of a state record that is
17-23 stored and maintained according to this section is a preservation
17-24 duplicate of the record for the purposes of Sections 441.058 and
17-25 441.059, regardless of whether the records preservation officer:
17-26 (1) made the reproduction; or
17-27 (2) designated the reproduction as a preservation
17-28 duplicate.
17-29 (c) An accurate reproduction of an essential record that is
17-30 stored and maintained according to this section is a photographic
17-31 reproduction of the record for purposes of Section 441.038(f).
17-32 (d) An accurate reproduction of a state record or an
17-33 essential record may be stored in tangible or intangible form,
17-34 including an electronic or optical image of the record.
17-35 (e) In this section:
17-36 (1) "Essential record" means written or graphic
17-37 material that is made or received by the comptroller in the conduct
17-38 of official state business and that is filed or intended to be
17-39 preserved permanently or for a definite period as a record of that
17-40 business.
17-41 (2) "Records preservation officer" means the director
17-42 of the records management division of the Texas State Library.
17-43 (3) "State record" means a document, book, paper,
17-44 photograph, sound recording, or other material, regardless of
17-45 physical form or characteristic, that is made or received by the
17-46 comptroller according to law or in connection with the transaction
17-47 of official state business.
17-48 Sec. 403.028. DIGITAL SIGNATURES. (a) The comptroller may
17-49 establish a procedure for a person to provide a digital signature
17-50 for any document or data submitted to the comptroller if the
17-51 comptroller determines the procedure will provide a degree of
17-52 security and authenticity at least equal to that provided by a
17-53 manual signature.
17-54 (b) A digital signature provided according to a procedure
17-55 established under this section has the same legal force and effect
17-56 for all purposes as a manual signature.
17-57 (c) This section does not apply to the electronic submission
17-58 and approval of vouchers under Chapter 2103.
17-59 SECTION 74. Section 411.109, Government Code, is amended to
17-60 read as follows:
17-61 Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
17-62 COMPTROLLER [STATE TREASURER]. (a) The comptroller [treasurer] is
17-63 entitled to obtain from the department criminal history record
17-64 information maintained by the department that the comptroller
17-65 [treasurer] believes is necessary for the enforcement or
17-66 administration of Chapter 154 or Chapter 155, Tax Code, including
17-67 criminal history record information that relates to a person who
17-68 is:
17-69 (1) an applicant for a permit under Chapter 154 or
18-1 Chapter 155, Tax Code;
18-2 (2) a permit holder under either of those chapters;
18-3 (3) an officer, director, stockholder owning 10
18-4 percent or more of the outstanding stock, partner, owner, or
18-5 managing employee of an applicant or permit holder under either of
18-6 those chapters that is a corporation, association, joint venture,
18-7 syndicate, partnership, or proprietorship;
18-8 (4) believed to have violated Chapter 154 or Chapter
18-9 155, Tax Code; or
18-10 (5) being considered by the comptroller [treasurer]
18-11 for employment as a peace officer.
18-12 (b) The comptroller is entitled to obtain from the
18-13 department criminal history record information maintained by the
18-14 department that relates to a person who is an employee of or an
18-15 applicant for employment with the comptroller's office in a
18-16 position that involves:
18-17 (1) handling currency, checks, or other funds;
18-18 (2) having access to taxpayer account information;
18-19 (3) working in a location designated by the
18-20 comptroller as a security-sensitive area; or
18-21 (4) performing financial management duties designated
18-22 by the comptroller as security sensitive.
18-23 (c) Criminal history record information obtained by the
18-24 comptroller [treasurer] under Subsections [Subsection] (a) and (b)
18-25 may not be released or disclosed to any person except on court
18-26 order or as provided by Subsection (d) [(c)].
18-27 (d) [(c)] The comptroller [treasurer] is not prohibited from
18-28 disclosing to a person who is the subject of criminal history
18-29 record information the dates and places of arrests, the offenses,
18-30 and the dispositions in the criminal history record information.
18-31 SECTION 75. Chapter 612, Government Code, is amended by
18-32 adding Section 612.004 to read as follows:
18-33 Sec. 612.004. LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS,
18-34 OFFICIALS, AND EXECUTIVE MANAGEMENT STAFF. (a) A state agency
18-35 governed by a board may purchase or acquire liability insurance to
18-36 protect members of the board and the agency's executive management
18-37 staff.
18-38 (b) A state agency governed by an appointed or elected
18-39 official may purchase or acquire liability insurance to protect the
18-40 official and the agency's executive management staff.
18-41 (c) Insurance purchased or acquired by a state agency under
18-42 this section may:
18-43 (1) protect against any type of liability to third
18-44 persons that may be incurred while conducting agency business; and
18-45 (2) provide for all costs of defending against that
18-46 liability, including court costs and attorney's fees.
18-47 (d) This section does not authorize the purchase or
18-48 acquisition of insurance to protect against liability other than
18-49 liability described by Subsection (c).
18-50 (e) A state agency may use any available funds to purchase
18-51 or acquire insurance under this section. A specific statement by
18-52 the legislature that a particular appropriation of funds may be
18-53 used to purchase or acquire insurance is not a prerequisite to
18-54 using funds to purchase or acquire insurance under this section.
18-55 (f) In this section:
18-56 (1) "Board" includes a board, commission, council,
18-57 committee, or other group of individuals.
18-58 (2) "State agency" means a department, board,
18-59 commission, committee, council, agency, office, or other entity in
18-60 the executive, legislative, or judicial branch of state government,
18-61 the jurisdiction of which is not limited to a geographical portion
18-62 of the state. The term includes an institution of higher education
18-63 as defined by Section 61.003, Education Code.
18-64 SECTION 76. Subsection (b), Section 2101.031, Government
18-65 Code, is amended to read as follows:
18-66 (b) The project includes each component of the uniform
18-67 statewide accounting system as designed in accordance with Chapter
18-68 852, Acts of the 70th Legislature, Regular Session, 1987, as
18-69 defined by Section 1, Chapter 781, Acts of the 71st Legislature,
19-1 Regular Session, 1989, and as developed or revised by the
19-2 comptroller [project advisory committee], including:
19-3 (1) the uniform statewide accounting system (USAS) and
19-4 related subsystems;
19-5 (2) the uniform statewide payroll system (USPS); and
19-6 (3) the human resource information system (HRIS)[;]
19-7 [(4) the budget execution and monitoring system
19-8 (BEAMS); and]
19-9 [(5) the statewide telecommunication network system].
19-10 SECTION 77. Section 2101.035, Government Code, is amended by
19-11 amending Subsection (d) and adding Subsections (e), (f), and (g) to
19-12 read as follows:
19-13 (d) The comptroller shall ensure that the uniform statewide
19-14 accounting system encompasses each state agency. [The comptroller
19-15 may, after consulting with the project advisory committee, exclude
19-16 any state agency from the centralized computation function of the
19-17 statewide payroll component of the system.]
19-18 (e) The comptroller shall ensure that the uniform statewide
19-19 payroll system includes a standardized payroll calculation
19-20 function. A state agency shall use that function to calculate its
19-21 payrolls unless the comptroller temporarily exempts the agency from
19-22 this requirement.
19-23 (f) The comptroller may designate a centralized or
19-24 decentralized computer system, or a combination of those systems,
19-25 to operate the uniform statewide accounting system or a component
19-26 of that system, including the uniform statewide payroll system and
19-27 the human resources information system. A designated computer
19-28 system may be operated by the comptroller, another governmental
19-29 entity, or a private contractor.
19-30 (g) If the comptroller designates a decentralized computer
19-31 system under Subsection (f), the comptroller may require each state
19-32 agency using that system to report data and other information from
19-33 the system to the comptroller at the time and in the manner
19-34 required by the comptroller.
19-35 SECTION 78. Section 2101.037, Government Code, is amended by
19-36 amending Subsection (b) and adding Subsection (c) to read as
19-37 follows:
19-38 (b) To ensure continuous reporting of comprehensive
19-39 financial management information, [including information on
19-40 encumbrances and performance and workload measures,] the
19-41 comptroller shall require each state agency to report the necessary
19-42 information to the project director on time. The reports of each
19-43 agency must comply with the comptroller's rules and procedures
19-44 about content and frequency.
19-45 (c) In this section, "financial management information"
19-46 means:
19-47 (1) information about:
19-48 (A) encumbrances;
19-49 (B) performance and workload measures; or
19-50 (C) salaries, compensation, and benefits of
19-51 state officers and employees;
19-52 (2) directory information about state officers and
19-53 employees; and
19-54 (3) any other information the comptroller finds
19-55 necessary or appropriate for the administration, maintenance, and
19-56 modification of the uniform statewide accounting system.
19-57 SECTION 79. Subchapter C, Chapter 2101, Government Code, is
19-58 amended by adding Sections 2101.0375 and 2101.0376 to read as
19-59 follows:
19-60 Sec. 2101.0375. WITHHOLDING OF TRAVEL EXPENSE REIMBURSEMENTS
19-61 FOR LATE OR IMPROPER REPORTING. (a) The comptroller may withhold
19-62 all reimbursements for the travel expenses incurred by the chief
19-63 administrative officer of a state agency whose report under this
19-64 subchapter is not properly received by the comptroller on or before
19-65 the comptroller's deadline.
19-66 (b) The comptroller may withhold all reimbursements for the
19-67 travel expenses incurred by the officers and employees of a state
19-68 agency whose report under this subchapter is not properly received
19-69 by the comptroller on or before the 30th day after the
20-1 comptroller's deadline.
20-2 (c) The comptroller may prohibit a state agency from using
20-3 local funds to reimburse the travel expenses incurred by:
20-4 (1) the agency's chief administrative officer if the
20-5 agency's report under this subchapter is not properly received by
20-6 the comptroller on or before the comptroller's deadline; or
20-7 (2) the agency's officers or employees if the agency's
20-8 report under this subchapter is not properly received by the
20-9 comptroller on or before the 30th day after the comptroller's
20-10 deadline.
20-11 (d) Immediately after the comptroller determines that a
20-12 state agency's report has been properly received, the comptroller
20-13 shall:
20-14 (1) release each travel expense reimbursement that the
20-15 comptroller withheld under Subsection (a) or (b); and
20-16 (2) rescind any prohibition that the comptroller
20-17 issued under Subsection (c).
20-18 (e) A travel expense reimbursement is subject to withholding
20-19 under Subsection (a), (b), or (c) regardless of when the expense is
20-20 incurred. A travel expense reimbursement is subject to withholding
20-21 under Subsection (a) or (b) regardless of whether the reimbursement
20-22 is payable to an individual or a state agency.
20-23 (f) A report is properly received under this section if the
20-24 report complies with the format, submission method, content, and
20-25 other requirements of the comptroller and this subchapter.
20-26 (g) In this section:
20-27 (1) "Chief administrative officer" means:
20-28 (A) the appointed or elected individual who is
20-29 authorized by law to administer a state agency that is not headed
20-30 by a governing body; or
20-31 (B) the executive director or other individual
20-32 with an equivalent title who administers a state agency headed by a
20-33 governing body.
20-34 (2) "Local funds" means funds that are not expended on
20-35 warrants drawn or electronic funds transfers initiated by the
20-36 comptroller.
20-37 Sec. 2101.0376. ADMINISTRATIVE PENALTIES FOR LATE OR
20-38 IMPROPER REPORTING. (a) The comptroller may impose an
20-39 administrative penalty against a state agency if the comptroller:
20-40 (1) is late in submitting a statewide report or
20-41 submits an incomplete statewide report; and
20-42 (2) determines that the statewide report is late or
20-43 incomplete because a report from the agency under this subchapter
20-44 was not properly received by the comptroller on or before the
20-45 comptroller's deadline.
20-46 (b) A penalty imposed under Subsection (a) may be in an
20-47 amount not to exceed $2,000 for each report that is not properly
20-48 received by the comptroller on or before the comptroller's
20-49 deadline.
20-50 (c) A state agency shall ensure that the comptroller
20-51 receives payment of a penalty imposed under Subsection (a) not
20-52 later than the 30th day after the date the agency receives notice
20-53 of the penalty. The comptroller shall deposit the payment to the
20-54 credit of the general revenue fund.
20-55 (d) A report is properly received under this section if the
20-56 report complies with the format, submission method, content, and
20-57 other requirements of the comptroller and this subchapter.
20-58 (e) The comptroller may adopt rules to administer this
20-59 section.
20-60 (f) In this section, "statewide report" means a report
20-61 periodically submitted by the comptroller to the legislature, the
20-62 state auditor, or another state officer or agency that provides
20-63 statistical or financial information about the state agencies or
20-64 their officers and employees.
20-65 SECTION 80. Section 2101.038, Government Code, is amended to
20-66 read as follows:
20-67 Sec. 2101.038. DUTIES OF STATE AUDITOR. The state auditor,
20-68 when reviewing the operation of a state agency, shall audit for
20-69 compliance with the uniform statewide accounting system, the
21-1 comptroller's rules, and the Legislative Budget Board's performance
21-2 and workload measures. The state auditor shall notify [the project
21-3 advisory committee,] the comptroller, the governor, and the
21-4 Legislative Budget Board as soon as practicable when a state agency
21-5 is not in compliance.
21-6 SECTION 81. Section 2101.039, Government Code, is amended to
21-7 read as follows:
21-8 Sec. 2101.039. CONTRACTS; EXEMPTION. [(a)] Contracts made
21-9 under this subchapter are not subject to:
21-10 (1) Subtitle D, Title 10 [the State Purchasing and
21-11 General Services Act (Article 601b, Vernon's Texas Civil
21-12 Statutes)];
21-13 (2) Chapter 2254; or
21-14 (3) Chapter 2054.
21-15 [(b) The project director must submit all proposed contracts
21-16 for professional or consulting services and all proposed purchases
21-17 of computer equipment or software to the project advisory committee
21-18 for review and recommendation before procurement.]
21-19 SECTION 82. (a) Sections 403.005, 403.016(e), 403.0165(j),
21-20 2101.032, 2101.035(b), and 2103.032(c), Government Code, are
21-21 repealed.
21-22 (b) Sections 403.021(f) and 404.042, Government Code, are
21-23 repealed.
21-24 SECTION 83. This Act takes effect immediately, except that
21-25 Sections 1, 41 through 45, 47 through 51, 62 through 72, 78, 79,
21-26 and 82(b) of this Act take effect September 1, 1997.
21-27 SECTION 84. (a) The changes in law made by Sections 42 and
21-28 43 of this Act apply only to a separation from state employment
21-29 that occurs on or after the effective date of those sections. A
21-30 separation that occurs before that date is governed by the law in
21-31 effect at the time of the separation, and the former law is
21-32 continued in effect for that purpose.
21-33 (b) The changes in law made by Sections 48 and 49 of this
21-34 Act apply only to coverages for periods on or after the effective
21-35 date of those sections. The coverages for periods before that date
21-36 are governed by the law as it existed immediately before the
21-37 effective date of those sections, and the former law is continued
21-38 in effect for that purpose.
21-39 (c) The changes in law made by Section 79 of this Act apply
21-40 to a state agency report that the comptroller has not properly
21-41 received according to the applicable deadline, regardless of
21-42 whether the deadline was before, on, or after the effective date of
21-43 Section 79 of this Act. The changes in law do not apply to a state
21-44 agency report that the comptroller properly received before the
21-45 effective date of Section 79 of this Act.
21-46 SECTION 85. The importance of this legislation and the
21-47 crowded condition of the calendars in both houses create an
21-48 emergency and an imperative public necessity that the
21-49 constitutional rule requiring bills to be read on three several
21-50 days in each house be suspended, and this rule is hereby suspended,
21-51 and that this Act take effect and be in force according to its
21-52 terms, and it is so enacted.
21-53 * * * * *