76R10456 CAG-D
By Junell H.B. No. 930
Substitute the following for H.B. No. 930:
By McCall C.S.H.B. No. 930
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation and oversight of a regional planning
1-3 commission, council of government, or other similar regional
1-4 planning agency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 391.009, Local Government Code, is
1-7 amended to read as follows:
1-8 Sec. 391.009. ROLE OF GOVERNOR AND STATE AGENCIES. (a) To
1-9 protect the public interest or promote the efficient use of public
1-10 funds, the [The] governor shall adopt:
1-11 (1) rules relating to the operation and oversight of a
1-12 commission;
1-13 (2) rules relating to the receipt or expenditure of
1-14 funds by a commission, including:
1-15 (A) restrictions on the expenditure of any
1-16 portion of commission funds for certain classes of expenses; and
1-17 (B) restrictions on the maximum amount of or
1-18 percentage of commission funds that may be expended on a class of
1-19 expenses, including indirect costs or travel expenses;
1-20 (3) annual reporting requirements for a commission;
1-21 (4) annual audit requirements on funds received or
1-22 expended by a commission from any source;
1-23 (5) rules relating to the establishment and use of
1-24 standards by which the productivity and performance of each
2-1 commission can be evaluated; and
2-2 (6) [issue] guidelines that [to] commissions and
2-3 governmental units shall follow in carrying [to carry] out the
2-4 provisions of this chapter relating to review and comment
2-5 procedures.
2-6 (b) The governor and state agencies shall provide technical
2-7 information and assistance to the members and staff of a commission
2-8 to increase, to the greatest extent feasible, the capability of the
2-9 commission to discharge its duties and responsibilities prescribed
2-10 by this chapter and to ensure compliance with the rules,
2-11 requirements, and guidelines adopted under Subsection (a).
2-12 SECTION 2. Chapter 391, Local Government Code, is amended by
2-13 adding Section 391.0095 to read as follows:
2-14 Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The
2-15 audit and reporting requirements under Section 391.009(a) shall
2-16 include a requirement that a commission annually report to the
2-17 governor:
2-18 (1) the amount and source of funds received by the
2-19 commission;
2-20 (2) the amount and source of funds expended by the
2-21 commission;
2-22 (3) an explanation of any method used by the
2-23 commission to compute an expense of the commission, including
2-24 computation of any indirect cost of the commission;
2-25 (4) a report of the commission's productivity and
2-26 performance during the annual reporting period;
2-27 (5) a projection of the commission's productivity and
3-1 performance during the next annual reporting period;
3-2 (6) the results of an audit of the commission's
3-3 affairs prepared by an independent certified public accountant; and
3-4 (7) a report of any assets disposed of by the
3-5 commission.
3-6 (b) The annual audit of a commission may be commissioned by
3-7 the governor's office or by the commission, as determined by the
3-8 governor's office, and shall be paid for from the commission's
3-9 funds.
3-10 (c) A commission shall submit any other report or an audit
3-11 required by the governor.
3-12 (d) If a commission fails to submit a report or audit
3-13 required under this section or is determined by the governor to
3-14 have failed to comply with a rule, requirement, or guideline
3-15 adopted under Section 391.009, the governor may, until the failure
3-16 is corrected:
3-17 (1) appoint a receiver to operate or oversee the
3-18 commission; or
3-19 (2) withhold any appropriated funds of the commission.
3-20 (e) A commission shall also send to the state auditor, the
3-21 comptroller, and the Legislative Budget Board a copy of a report or
3-22 an audit required under this section or under Section 391.009. If
3-23 the governor determines that there is a question about the
3-24 appropriateness of an expenditure or other action of a commission,
3-25 the governor shall report the expenditure or other action to the
3-26 state auditor for review.
3-27 SECTION 3. Section 391.011(d), Local Government Code, is
4-1 amended to read as follows:
4-2 (d) A commission may not expend funds for an automobile
4-3 allowance for a member of the governing body of the commission if
4-4 the member holds another state, county, or municipal office.
4-5 [Funds may be expended for reimbursement of actual travel expenses,
4-6 including mileage for automobile travel, incurred while the member
4-7 is engaged in the official business of the commission.]
4-8 SECTION 4. Chapter 391, Local Government Code, is amended by
4-9 adding Sections 391.0115-391.0117 to read as follows:
4-10 Sec. 391.0115. RESTRICTIONS ON COMMISSION COSTS. (a) In
4-11 reimbursing commission personnel for travel expenses, a commission
4-12 may not expend funds for travel in excess of the amount of money
4-13 that may be expended for state personnel under the General
4-14 Appropriations Act or travel regulations adopted by the
4-15 comptroller, including any restrictions on mileage reimbursement,
4-16 per diem, and lodging reimbursement rates.
4-17 (b) A commission may not expend any funds for the purchase
4-18 of alcoholic beverages or entertainment.
4-19 (c) A commission may purchase goods or a service only if the
4-20 commission complies with the same provisions for purchasing goods
4-21 or a service that are equivalent to the provisions, including
4-22 Chapter 252, Local Government Code, applying to a local government.
4-23 (d) A commission may not spend an amount more than 15
4-24 percent of the commission's total expenditures on the commission's
4-25 indirect costs. For the purposes of this subsection, the
4-26 commission's capital expenditures and any subcontracts,
4-27 pass-throughs, or subgrants may not be considered in determining
5-1 the commission's total direct costs. In this subsection,
5-2 "pass-through funds" means funds, including subgrants or
5-3 subcontracts, that are received by a commission from the federal or
5-4 state government or other grantor for which the commission serves
5-5 merely as a cash conduit and has no administrative or financial
5-6 involvement in the program, such as contractor selection, contract
5-7 provisions, contract methodology payment, or contractor oversight
5-8 and monitoring.
5-9 (e) In this section, "indirect costs" means costs that are
5-10 not directly attributable to a single action of a commission. The
5-11 governor shall use the federal Office of Management and Budget
5-12 circulars A-87 and A-122 or use any rules relating to the
5-13 determination of indirect costs adopted under Chapter 783,
5-14 Government Code, in administering this section.
5-15 Sec. 391.0116. RESTRICTIONS ON EMPLOYMENT. (a) An employee
5-16 of a commission is subject to the same rules regarding lobbying and
5-17 other advocacy activities as an employee of any state agency.
5-18 (b) The nepotism provisions of Chapter 573, Government Code,
5-19 apply to a commission.
5-20 Sec. 391.0117. SALARY SCHEDULES. (a) For each fiscal year,
5-21 a commission shall adopt a salary schedule containing a
5-22 classification salary schedule for classified positions and
5-23 identifying and specifying the salaries for positions exempt from
5-24 the classification salary schedule.
5-25 (b) The salary schedule adopted by the commission may not
5-26 exceed, for classified positions, the state salary schedule for
5-27 classified positions as prescribed by the General Appropriations
6-1 Act adopted by the most recent legislature. A commission may adopt
6-2 a salary schedule that is less than the state salary schedule.
6-3 (c) A salary for a position classified under the salary
6-4 schedule may not exceed the state salary that has been approved by
6-5 the state auditor's office and paid by the state for comparable
6-6 work.
6-7 (d) A position may only be exempted from the classification
6-8 salary schedule adopted by the commission if the exemption and the
6-9 amount of salary paid for the exempt position is within the range
6-10 determined appropriate for state exempt positions by the state
6-11 auditor.
6-12 (e) A commission shall submit to the governor the
6-13 commission's salary schedule, including the salaries of all exempt
6-14 positions, not later than the 45th day before the date of the
6-15 beginning of the commission's fiscal year. If the governor objects
6-16 to a commission's salary schedule or a portion of the schedule, the
6-17 portion of the schedule that the governor objects to may not go
6-18 into effect until revisions or explanations are given that are
6-19 satisfactory to the governor and the governor approves that portion
6-20 of the schedule.
6-21 (f) This section does not apply to a commission if the most
6-22 populous county that is a member of the commission has an actual
6-23 average weekly wage that exceeds the state actual average weekly
6-24 wage by 20 percent or more for the previous year as determined by
6-25 the Texas Workforce Commission in its County Employment and Wage
6-26 Information Report.
6-27 SECTION 5. This Act takes effect September 1, 1999.
7-1 SECTION 6. (a) The governor shall adopt rules,
7-2 requirements, and guidelines required by Sections 391.009 and
7-3 391.0095, Local Government Code, as amended or added by this Act,
7-4 not later than January 1, 2000.
7-5 (b) An entity required to file an audit or a report under
7-6 Section 391.009 or Section 391.0095, Local Government Code, as
7-7 amended or added by this Act, shall file the initial audit or
7-8 report not later than September 1, 2000.
7-9 SECTION 7. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.