By: Haywood S.B. No. 1055
97S0568/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the oversight and operations of regional planning
1-2 commissions and councils of governments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 391.002, Local Government Code, is
1-5 amended by adding Subdivision (4) to read as follows:
1-6 (4) "Unit of local government" includes a regional
1-7 planning commission or council of governments formed by counties
1-8 and municipalities under the provisions of this chapter.
1-9 SECTION 2. Subsections (a) and (b), Section 391.005, Local
1-10 Government Code, are amended to read as follows:
1-11 (a) A commission may contract with a participating
1-12 governmental unit to perform a service if:
1-13 (1) the participating governmental unit could contract
1-14 with another governmental unit, the state, or a private
1-15 organization without governmental powers to perform the service;
1-16 and
1-17 (2) the contract to perform the service does not
1-18 impose a cost or obligation on a participating governmental unit
1-19 not a party to the contract.
1-20 (b) A commission may:
1-21 (1) purchase, lease, or otherwise acquire property;
1-22 (2) hold or sell or otherwise dispose of property;
1-23 (3) employ staff and consult with and retain experts;
2-1 or
2-2 (4)(A) provide retirement benefits for its employees
2-3 through a jointly contributory retirement plan with an agency,
2-4 firm, or corporation authorized to do business in the state; or
2-5 (B) participate in the Texas Municipal
2-6 Retirement System[, the Employees Retirement System of Texas,] or
2-7 the Texas County and District Retirement System when those systems
2-8 by legislation or administrative arrangement permit participation.
2-9 SECTION 3. Section 391.006, Local Government Code, is
2-10 amended by adding Subsections (c), (d), and (e) to read as follows:
2-11 (c) The governing body of each commission shall establish
2-12 salary schedules for all employees, benefits available to
2-13 employees, travel approval and reimbursement policies, and
2-14 procurement policies and procedures. Salary schedules shall not be
2-15 changed without a compensation study of market salaries and
2-16 benefits and any changes shall be consistent with the findings of
2-17 the study. Procurement policies shall be equivalent to those
2-18 required of municipalities by Chapter 252.
2-19 (d) The governing body of each commission shall arrange
2-20 annually for at lease eight hours of training for its members.
2-21 Training topics shall include the personnel, procurement, and
2-22 travel policies of the commission; the duties of governing board
2-23 members; compliance with open meeting, open records,
2-24 conflict-of-interest, and nepotism laws applying to the commission;
2-25 and the finances and work program of the commission, including
3-1 audits and contractual responsibilities to state and federal
3-2 agencies. Training on the required topics may be provided as a
3-3 part of other required training for county or municipal officials.
3-4 (e) The nepotism provisions of Chapter 573, Government Code,
3-5 apply to a commission.
3-6 SECTION 4. Section 391.009, Local Government Code, is
3-7 amended to read as follows:
3-8 Sec. 391.009. ROLE OF GOVERNOR AND STATE AGENCIES. (a) The
3-9 governor shall issue rules for [guidelines to] commissions and
3-10 governmental units to carry out the provisions of this chapter,
3-11 including but not limited [relating] to review and comment
3-12 procedures.
3-13 (b) The governor and state agencies shall provide technical
3-14 information and assistance to the members and staff of a commission
3-15 to increase, to the greatest extent feasible, the capability of the
3-16 commission to discharge its duties and responsibilities prescribed
3-17 by this chapter and to ensure compliance with the rules adopted
3-18 under Subsection (a). State agencies shall comply with Chapter
3-19 783, Government Code, in regard to contracts, financial reporting,
3-20 allowability of direct and indirect charges to a project, and
3-21 auditing.
3-22 (c) The office of the comptroller of public accounts shall
3-23 be the cognizant agency for review and approval of a commission's
3-24 indirect cost allocation plan.
3-25 (d) Rules issued by the governor shall include requirements
4-1 that the governing body of a commission report to the governor
4-2 annually on its operation and oversight of the commission, receipt
4-3 and expenditures of funds, calculation of direct and indirect
4-4 expenses, acquisition and disposal of assets, compensation policies
4-5 and studies, audits, and the performance of the commission,
4-6 including achievement of local objectives and contributions to the
4-7 performance measures of any state agency from which the commission
4-8 receives funds.
4-9 (e) Annually, each commission shall provide to the governor
4-10 a copy of an audit of its accounts conducted by a qualified
4-11 independent auditor and such other reports as shall be required by
4-12 the governor to assure compliance with requirements of this
4-13 chapter. If the governor determines that there is a question about
4-14 the appropriateness of an expenditure or other action of a
4-15 commission, the governor shall report the expenditure to the state
4-16 auditor for review.
4-17 (f) Annually, at least 60 days before the commencement of
4-18 its independent audit, a commission shall give each state agency
4-19 that provides funds to the commission a written notice of its
4-20 planned audit along with an opportunity to specify audit objectives
4-21 of the agency to be addressed in the independent audit.
4-22 (g) State agencies shall review a commission's most recent
4-23 independent audit before initiating a field audit of the commission
4-24 and, through the office of the governor, coordinate their audits,
4-25 including requests for information, timing of audits, and the
5-1 number of auditors on site at any given time.
5-2 (h) A commission also shall send to the state auditor, the
5-3 comptroller, and the Legislative Budget Board a copy of a report or
5-4 an audit required under this chapter.
5-5 SECTION 5. Section 391.011, Local Government Code, is
5-6 amended by adding Subsections (e), (f), and (g) to read as follows:
5-7 (e) A commission shall not expend public funds, including
5-8 funds appropriated by the State of Texas, for any of the following
5-9 purposes:
5-10 (1) travel by a spouse;
5-11 (2) personal business expenses;
5-12 (3) personal or group entertainment;
5-13 (4) alcoholic beverages;
5-14 (5) personal services such as dry cleaning or laundry;
5-15 (6) any expense that also is being reimbursed from
5-16 another governmental unit or private source;
5-17 (7) any expense that was compensated for initially
5-18 through a per diem or a group purchase; or
5-19 (8) any air fare other than coach class air fare
5-20 unless coach class air fares are unavailable.
5-21 (f) A commission shall comply with the same federal and
5-22 state laws and rules regarding the definition of and application of
5-23 indirect costs that apply to other local governmental units and
5-24 state agencies. The annual independent audit of a commission
5-25 required by this chapter shall include an audit of the basis for,
6-1 and the allowability of, any indirect charges.
6-2 (g) A commission shall comply with the provisions of state
6-3 and federal law regarding the use of state or federal funds for
6-4 lobbying or advocacy.
6-5 SECTION 6. This Act takes effect September 1, 1997.
6-6 SECTION 7. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.