1-1 By: Haywood, et al. S.B. No. 1055
1-2 (In the Senate - Filed March 7, 1997; March 12, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 4, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; April 4, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Galloway
1-7 Amend Introduced Version of Senate Bill 1055 as follows:
1-8 On page 1, line 54, between "at" and "eight", strike "lease"
1-9 and insert "least".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the oversight and operations of regional planning
1-13 commissions and councils of governments.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 391.002, Local Government Code, is
1-16 amended by adding Subdivision (4) to read as follows:
1-17 (4) "Unit of local government" includes a regional
1-18 planning commission or council of governments formed by counties
1-19 and municipalities under the provisions of this chapter.
1-20 SECTION 2. Subsections (a) and (b), Section 391.005, Local
1-21 Government Code, are amended to read as follows:
1-22 (a) A commission may contract with a participating
1-23 governmental unit to perform a service if:
1-24 (1) the participating governmental unit could contract
1-25 with another governmental unit, the state, or a private
1-26 organization without governmental powers to perform the service;
1-27 and
1-28 (2) the contract to perform the service does not
1-29 impose a cost or obligation on a participating governmental unit
1-30 not a party to the contract.
1-31 (b) A commission may:
1-32 (1) purchase, lease, or otherwise acquire property;
1-33 (2) hold or sell or otherwise dispose of property;
1-34 (3) employ staff and consult with and retain experts;
1-35 or
1-36 (4)(A) provide retirement benefits for its employees
1-37 through a jointly contributory retirement plan with an agency,
1-38 firm, or corporation authorized to do business in the state; or
1-39 (B) participate in the Texas Municipal
1-40 Retirement System[, the Employees Retirement System of Texas,] or
1-41 the Texas County and District Retirement System when those systems
1-42 by legislation or administrative arrangement permit participation.
1-43 SECTION 3. Section 391.006, Local Government Code, is
1-44 amended by adding Subsections (c), (d), and (e) to read as follows:
1-45 (c) The governing body of each commission shall establish
1-46 salary schedules for all employees, benefits available to
1-47 employees, travel approval and reimbursement policies, and
1-48 procurement policies and procedures. Salary schedules shall not be
1-49 changed without a compensation study of market salaries and
1-50 benefits and any changes shall be consistent with the findings of
1-51 the study. Procurement policies shall be equivalent to those
1-52 required of municipalities by Chapter 252.
1-53 (d) The governing body of each commission shall arrange
1-54 annually for at lease eight hours of training for its members.
1-55 Training topics shall include the personnel, procurement, and
1-56 travel policies of the commission; the duties of governing board
1-57 members; compliance with open meetings, open records,
1-58 conflict-of-interest, and nepotism laws applying to the commission;
1-59 and the finances and work program of the commission, including
1-60 audits and contractual responsibilities to state and federal
1-61 agencies. Training on the required topics may be provided as a
1-62 part of other required training for county or municipal officials.
1-63 (e) The nepotism provisions of Chapter 573, Government Code,
1-64 apply to a commission.
2-1 SECTION 4. Section 391.009, Local Government Code, is
2-2 amended to read as follows:
2-3 Sec. 391.009. ROLE OF GOVERNOR AND STATE AGENCIES. (a) The
2-4 governor shall issue rules for [guidelines to] commissions and
2-5 governmental units to carry out the provisions of this chapter,
2-6 including but not limited [relating] to review and comment
2-7 procedures.
2-8 (b) The governor and state agencies shall provide technical
2-9 information and assistance to the members and staff of a commission
2-10 to increase, to the greatest extent feasible, the capability of the
2-11 commission to discharge its duties and responsibilities prescribed
2-12 by this chapter and to ensure compliance with the rules adopted
2-13 under Subsection (a). State agencies shall comply with Chapter
2-14 783, Government Code, in regard to contracts, financial reporting,
2-15 allowability of direct and indirect charges to a project, and
2-16 auditing.
2-17 (c) The office of the comptroller of public accounts shall
2-18 be the cognizant agency for review and approval of a commission's
2-19 indirect cost allocation plan.
2-20 (d) Rules issued by the governor shall include requirements
2-21 that the governing body of a commission report to the governor
2-22 annually on its operation and oversight of the commission, receipt
2-23 and expenditures of funds, calculation of direct and indirect
2-24 expenses, acquisition and disposal of assets, compensation policies
2-25 and studies, audits, and the performance of the commission,
2-26 including achievement of local objectives and contributions to the
2-27 performance measures of any state agency from which the commission
2-28 receives funds.
2-29 (e) Annually, each commission shall provide to the governor
2-30 a copy of an audit of its accounts conducted by a qualified
2-31 independent auditor and such other reports as shall be required by
2-32 the governor to assure compliance with requirements of this
2-33 chapter. If the governor determines that there is a question about
2-34 the appropriateness of an expenditure or other action of a
2-35 commission, the governor shall report the expenditure to the state
2-36 auditor for review.
2-37 (f) Annually, at least 60 days before the commencement of
2-38 its independent audit, a commission shall give each state agency
2-39 that provides funds to the commission a written notice of its
2-40 planned audit along with an opportunity to specify audit objectives
2-41 of the agency to be addressed in the independent audit.
2-42 (g) State agencies shall review a commission's most recent
2-43 independent audit before initiating a field audit of the commission
2-44 and, through the office of the governor, coordinate their audits,
2-45 including requests for information, timing of audits, and the
2-46 number of auditors on site at any given time.
2-47 (h) A commission also shall send to the state auditor, the
2-48 comptroller, and the Legislative Budget Board a copy of a report or
2-49 an audit required under this chapter.
2-50 SECTION 5. Section 391.011, Local Government Code, is
2-51 amended by adding Subsections (e), (f), and (g) to read as follows:
2-52 (e) A commission shall not expend public funds, including
2-53 funds appropriated by the State of Texas, for any of the following
2-54 purposes:
2-55 (1) travel by a spouse;
2-56 (2) personal business expenses;
2-57 (3) personal or group entertainment;
2-58 (4) alcoholic beverages;
2-59 (5) personal services such as dry cleaning or laundry;
2-60 (6) any expense that also is being reimbursed from
2-61 another governmental unit or private source;
2-62 (7) any expense that was compensated for initially
2-63 through a per diem or a group purchase; or
2-64 (8) any air fare other than coach class air fare
2-65 unless coach class air fares are unavailable.
2-66 (f) A commission shall comply with the same federal and
2-67 state laws and rules regarding the definition of and application of
2-68 indirect costs that apply to other local governmental units and
2-69 state agencies. The annual independent audit of a commission
3-1 required by this chapter shall include an audit of the basis for,
3-2 and the allowability of, any indirect charges.
3-3 (g) A commission shall comply with the provisions of state
3-4 and federal law regarding the use of state or federal funds for
3-5 lobbying or advocacy.
3-6 SECTION 6. This Act takes effect September 1, 1997.
3-7 SECTION 7. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.
3-12 * * * * *