SRC-PNG S.B. 549 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 549
By: Haywood
Intergovernmental Relations
3/4/1999
As Filed


DIGEST 

Currently, councils of governments provide a forum for regional planning,
in addition to functioning as pass-through agencies that facilitate the
implementation of state and federally funded programs, and provide
necessary services on behalf of cities and counties.  However, state law
limits the application for oversight and operations of regional planning
commissions and councils of governments.  This bill revises general law to
strengthen the oversight and operations of regional planning commissions
and councils of government. 

PURPOSE

As proposed, S.B. 549 sets forth requirements regarding the oversight and
operations of regional planning commissions and councils of government. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 391.002(1), Local Government Code, to
redefine"local governmental unit." 

SECTION 2. Amends Sections 391.005(a) and (b), Local Government Code, to
authorize a regional planning commission or council of government
(commission) to contract with a participating governmental unit to perform
a service if the participating governmental unit could contract with
another governmental unit, and the state, as well as a private organization
without governmental powers to perform the service and the contract to
perform the service does not impose a cost or obligation on a participating
governmental unit not a party to the contract.  Makes a nonsubstantive
change. 

SECTION 3. Amends Section 391.006, Local Government Code, by adding
Subsections (c), (d), and (e), as follows: 

(c) Requires the governing board of each commission to establish salary
schedules for all employees, benefits available to employees, travel
approval and reimbursement policies, and procurement policies and
procedures.  Prohibits a change in salary schedules without a compensation
study of market salaries and benefits, and requires any changes to the
salary schedules be consistent with the findings of the study.   

(d) Requires the governing body of each commission to arrange annually for
at least eight hours of training for its members.  Requires training topics
to include certain subjects. Authorizes training on the required topics to
be provided as a part of other required training for county or municipal
officials. 

(e) Provides that the nepotism provisions of Chapter 573, Government Code,
apply to a commission. 

SECTION 4. Amends Section 391.009, Local Government Code, to authorize
rather than require  the governor to issue rules rather than guidelines for
commissions and governmental units to carry out the provisions of this
chapter, including but not limited to review and comment procedures.
Requires the governing body of a commission to report to the governor
annually on certain subjects. Requires each commission to provide to the
governor annually a copy of an audit of its accounts by a qualified
independent auditor and other reports required by the governor to assure
compliance with this chapter.  Requires the governor to report any
questionable expenditure or other action by the commission to the state
auditor for review.  Requires a commission to annually give each state
agency that provides funds to the commission a written notice of its
planned audit along with an opportunity to specify audit objectives to be
addressed in the independent audit, within a certain time period.  Requires
state agencies to review a commission's most recent independent audit
before initiating a field audit of the commission, and requires the
coordination of the state agencies' audits. Requires a commission to send
to the state auditor, the Comptroller of Public Accounts, and the
Legislative Budget Board a copy of a report or an audit required under this
chapter. 

SECTION 5. Amends Section 391.011, Local Government Code, by adding
Subsections (e) and (f), as follows: 

(e) Prohibits a commission to expend public funds for certain purposes.

(f) Requires a commission to comply with the provisions of state and
federal law regarding the use of state or federal funds for lobbying or
advocacy. 

SECTION 6. Effective date: September 1, 1999.

SECTION 7. Emergency clause.