By Junell H.B. No. 930
76R4095 CAG-D
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 (c) The governor shall appoint one member to each
2-13 commission.
2-14 SECTION 2. Chapter 391, Local Government Code, is amended by
2-15 adding Section 391.0095 to read as follows:
2-16 Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The
2-17 audit and reporting requirements under Section 391.009(a) shall
2-18 include a requirement that a commission annually report to the
2-19 governor:
2-20 (1) the amount and source of funds received by the
2-21 commission;
2-22 (2) the amount and source of funds expended by the
2-23 commission;
2-24 (3) an explanation of any method used by the
2-25 commission to compute an expense of the commission, including
2-26 computation of any indirect cost of the commission;
2-27 (4) a report of the commission's productivity and
3-1 performance during the annual reporting period;
3-2 (5) a projection of the commission's productivity and
3-3 performance during the next annual reporting period;
3-4 (6) the results of an audit of the commission's
3-5 affairs prepared by an independent certified public accountant; and
3-6 (7) a report of any assets disposed of by the
3-7 commission.
3-8 (b) A commission shall submit any other report or an audit
3-9 required by the governor.
3-10 (c) If a commission fails to submit a report or audit
3-11 required under this section or is determined by the governor to
3-12 have failed to comply with a rule, requirement, or guideline
3-13 adopted under Section 391.009, the governor may, until the failure
3-14 is corrected:
3-15 (1) appoint a receiver to operate or oversee the
3-16 commission; or
3-17 (2) withhold any funds of the commission.
3-18 (d) A commission shall also send to the state auditor, the
3-19 comptroller, and the Legislative Budget Board a copy of a report or
3-20 an audit required under this section or under Section 391.009. If
3-21 the governor determines that there is a question about the
3-22 appropriateness of an expenditure or other action of a commission,
3-23 the governor shall report the expenditure or other action to the
3-24 state auditor for review.
3-25 SECTION 3. Section 391.011(d), Local Government Code, is
3-26 amended to read as follows:
3-27 (d) A commission may not expend funds for an automobile
4-1 allowance for a member of the governing body of the commission if
4-2 the member holds another state, county, or municipal office.
4-3 [Funds may be expended for reimbursement of actual travel expenses,
4-4 including mileage for automobile travel, incurred while the member
4-5 is engaged in the official business of the commission.]
4-6 SECTION 4. Chapter 391, Local Government Code, is amended by
4-7 adding Sections 391.0115-391.0117 to read as follows:
4-8 Sec. 391.0115. RESTRICTIONS ON COMMISSION COSTS. (a) In
4-9 this section, "indirect costs" means costs that are not directly
4-10 attributable to a single action of a commission. The governor may
4-11 further define the term as necessary to assist in the
4-12 administration of this section.
4-13 (b) In reimbursing commission personnel for travel expenses,
4-14 a commission may not expend funds for travel in excess of the
4-15 amount of money that may be expended for state personnel under the
4-16 general appropriations act or travel regulations adopted by the
4-17 comptroller, including any restrictions on mileage reimbursement,
4-18 per diem, and lodging reimbursement rates.
4-19 (c) A commission may not expend any funds for the purchase
4-20 of alcoholic beverages or entertainment.
4-21 (d) A commission may purchase goods or a service only if the
4-22 commission complies with provisions for purchasing goods or a
4-23 service that are equivalent to the provisions applying to a state
4-24 agency, including Chapters 2155-2158, Government Code.
4-25 (e) A commission may not spend more than the lesser of the
4-26 following on indirect costs of the commission:
4-27 (1) 20 percent of the commission's direct personnel
5-1 costs; or
5-2 (2) 10 percent of the commission's total direct costs.
5-3 Sec. 391.0116. RESTRICTIONS ON EMPLOYMENT. (a) An officer
5-4 or employee of a commission is subject to the same rules regarding
5-5 lobbying and other advocacy activities as an officer or employee of
5-6 any state agency.
5-7 (b) The nepotism provisions of Chapter 573, Government Code,
5-8 apply to a commission.
5-9 Sec. 391.0117. SALARY SCHEDULES. (a) For each fiscal year,
5-10 a commission shall adopt a salary schedule containing a
5-11 classification salary schedule for classified positions and
5-12 identifying and specifying the salaries for positions exempt from
5-13 the classification salary schedule.
5-14 (b) The salary schedule adopted by the commission must be
5-15 identical, for classified positions, to the state salary schedule
5-16 for classified positions as prescribed by the general
5-17 appropriations act adopted by the most recent legislature.
5-18 (c) A salary for a position classified under the salary
5-19 schedule may not exceed the salary approved by the state auditor's
5-20 office and paid by the state for comparable work.
5-21 (d) A position may only be exempted from the classification
5-22 salary schedule adopted by the commission if the exemption and the
5-23 amount of salary paid for the exempt position is within the range
5-24 determined appropriate for exempt positions by the state auditor.
5-25 (e) A commission shall submit to the governor for approval
5-26 the commission's salary schedule, including the salaries of all
5-27 exempt positions, not later than the 45th day before the date of
6-1 the beginning of the commission's fiscal year. A commission may
6-2 not implement a salary schedule unless the salary schedule is
6-3 approved by the governor.
6-4 SECTION 5. This Act takes effect September 1, 1999.
6-5 SECTION 6. (a) The governor shall adopt rules,
6-6 requirements, and guidelines required by Sections 391.009 and
6-7 391.0095, Local Government Code, as amended or added by this Act,
6-8 not later than January 1, 2000.
6-9 (b) An entity required to file an audit or a report under
6-10 Section 391.009 or Section 391.0095, Local Government Code, as
6-11 amended or added by this Act, shall file the initial audit or
6-12 report not later than September 1, 2000.
6-13 SECTION 7. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended.