By Junell H.B. No. 2957
76R9371 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codification of certain state agency practices and
1-3 duties currently prescribed by the General Appropriations Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 101.027, Civil Practice
1-6 and Remedies Code, is amended to read as follows:
1-7 (a) Each governmental unit other than a unit of state
1-8 government may purchase insurance policies protecting the unit and
1-9 the unit's employees against claims under this chapter. A unit of
1-10 state government may purchase such a policy only to the extent that
1-11 the unit is authorized or required to do so under other law.
1-12 SECTION 2. Section 106.001, Civil Practice and Remedies
1-13 Code, is amended by adding Subsection (c) to read as follows:
1-14 (c) This section does not prohibit the adoption of a program
1-15 designed to increase the participation of businesses owned and
1-16 controlled by women, minorities, or disadvantaged persons in public
1-17 contract awards.
1-18 SECTION 3. Chapter 306, Government Code, is amended by
1-19 adding Section 306.007 to read as follows:
1-20 Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE
1-21 TO LEGISLATURE. A state officer or board, commission, or other
1-22 agency in the executive branch of state government, and an agency
1-23 in the judicial branch of state government other than a court,
1-24 shall make reports required by law and minutes of meetings of the
2-1 agency's governing body available to members of the legislature and
2-2 to agencies in the legislative branch of state government in an
2-3 electronic format determined by the Texas Legislative Council.
2-4 SECTION 4. Subsection (c), Section 321.013, Government Code,
2-5 is amended to read as follows:
2-6 (c) The State Auditor shall recommend [determine] the audit
2-7 plan for the state for each fiscal year to the committee. In
2-8 devising the plan, the State Auditor shall consider recommendations
2-9 concerning coordination of agency functions made jointly by
2-10 representatives [the committee composed] of the Legislative Budget
2-11 Board, Sunset Advisory Commission, and State Auditor's Office. The
2-12 State Auditor shall also consider the extent to which a department
2-13 has received a significant increase in appropriations, including a
2-14 significant increase in federal or other money passed through to
2-15 the department, and shall review procurement activities for
2-16 compliance with Section 2161.123. The plan shall provide for
2-17 auditing of federal programs at least once in each fiscal biennium
2-18 and shall ensure that audit requirements of all bond covenants and
2-19 other credit or financial agreements are satisfied. The committee
2-20 shall review and approve the plan.
2-21 SECTION 5. Subsection (c), Section 321.014, Government Code,
2-22 is amended to read as follows:
2-23 (c) The State Auditor shall submit each report to the
2-24 committee prior to publication. The State Auditor shall file a
2-25 copy of each report prepared under this section with:
2-26 (1) the governor;
2-27 (2) the lieutenant governor;
3-1 (3) the speaker of the house of representatives;
3-2 (4) the secretary of state;
3-3 (5) the Legislative Reference Library;
3-4 (6) each member of [the chairman of] the governing
3-5 body and the administrative head of each entity that is the subject
3-6 of the report; and
3-7 (7) members of the legislature on a committee with
3-8 oversight responsibility for the entity or program that is the
3-9 subject of the report.
3-10 SECTION 6. Section 325.011, Government Code, is amended to
3-11 read as follows:
3-12 Sec. 325.011. Criteria for Review. The commission and its
3-13 staff shall consider the following criteria in determining whether
3-14 a public need exists for the continuation of a state agency or its
3-15 advisory committees or for the performance of the functions of the
3-16 agency or its advisory committees:
3-17 (1) the efficiency with which the agency or advisory
3-18 committee operates;
3-19 (2) an identification of the objectives intended for
3-20 the agency or advisory committee and the problem or need that the
3-21 agency or advisory committee was intended to address, the extent to
3-22 which the objectives have been achieved, and any activities of the
3-23 agency in addition to those granted by statute and the authority
3-24 for these activities;
3-25 (3) an assessment of less restrictive or alternative
3-26 methods of performing any regulation that the agency performs that
3-27 could adequately protect the public;
4-1 (4) the extent to which the advisory committee is
4-2 needed and is used;
4-3 (5) the extent to which the jurisdiction of the agency
4-4 and the programs administered by the agency overlap or duplicate
4-5 those of other agencies and the extent to which the programs
4-6 administered by the agency can be consolidated with the programs of
4-7 other state agencies;
4-8 (6) whether the agency has recommended to the
4-9 legislature statutory changes calculated to be of benefit to the
4-10 public rather than to an occupation, business, or institution that
4-11 the agency regulates;
4-12 (7) the promptness and effectiveness with which the
4-13 agency disposes of complaints concerning persons affected by the
4-14 agency;
4-15 (8) the extent to which the agency has encouraged
4-16 participation by the public in making its rules and decisions as
4-17 opposed to participation solely by those it regulates and the
4-18 extent to which the public participation has resulted in rules
4-19 compatible with the objectives of the agency;
4-20 (9) the extent to which the agency has complied with
4-21 applicable requirements of:
4-22 (A) an agency of the United States or of this
4-23 state regarding equality of employment opportunity and the rights
4-24 and privacy of individuals; and
4-25 (B) state law and applicable rules of any state
4-26 agency regarding purchasing goals and programs for historically
4-27 underutilized businesses;
5-1 (10) the extent to which changes are necessary in the
5-2 enabling statutes of the agency so that the agency can adequately
5-3 comply with the criteria listed in this section;
5-4 (11) the extent to which the agency issues and
5-5 enforces rules relating to potential conflicts of interest of its
5-6 employees;
5-7 (12) the extent to which the agency complies with
5-8 Chapter 552, and with Chapter 551; and
5-9 (13) the effect of federal intervention or loss of
5-10 federal funds if the agency is abolished.
5-11 SECTION 7. Subchapter F, Chapter 403, Government Code, is
5-12 amended by adding Section 403.097 to read as follows:
5-13 Sec. 403.097. FUNDS EXPENDED IN PROPORTION TO METHOD OF
5-14 FINANCING. (a) The comptroller may prescribe rules to ensure
5-15 that, when it is necessary to preserve cash balances in the funds
5-16 and accounts in the state treasury, appropriations are drawn from
5-17 the treasury in proportion to the methods of financing specified in
5-18 the Acts authorizing the appropriations.
5-19 (b) The rules may include procedures relating to the deposit
5-20 of receipts and the issuance of warrants.
5-21 (c) This section does not affect other powers of the
5-22 comptroller under this subchapter, Subchapter H of Chapter 404, or
5-23 other law.
5-24 (d) This section does not apply if the method of financing
5-25 specified for an agency or an institution of higher education in
5-26 the Act authorizing appropriations includes interest earned or to
5-27 be earned on local funds of the agency or institution.
6-1 SECTION 8. Subsection (b), Section 403.245, Government Code,
6-2 is amended to read as follows:
6-3 (b) The replenishment of a petty cash account is an
6-4 expenditure from the corresponding fund and shall be drawn from the
6-5 appropriation from which the expenditure would otherwise have been
6-6 made.
6-7 SECTION 9. Section 771.008, Government Code, is amended by
6-8 adding Subsection (d) to read as follows:
6-9 (d) This subsection applies only if the services or
6-10 resources are provided under a written contract or agreement. The
6-11 receiving agency shall reimburse the providing agency within 30
6-12 days after the date by which the services or resources are provided
6-13 and an invoice is received. If the receiving agency does not
6-14 accept the services or resources or finds an error in the invoice,
6-15 it shall notify the providing agency of the fact in writing as soon
6-16 as possible within the 30-day period and make payment within 10
6-17 days after the date the agencies agree the problems are corrected
6-18 or the error resolved. If the agencies cannot agree on the amount
6-19 of the reimbursement, the comptroller shall determine the
6-20 appropriate amount. If the receiving agency does not, within the
6-21 30-day period, reimburse the providing agency or give the providing
6-22 agency written notice of a problem or error, the comptroller on
6-23 request of the providing agency may transfer from amounts
6-24 appropriated to the receiving agency the appropriate amount in
6-25 accordance with this section.
6-26 SECTION 10. Subdivision (7), Section 811.001, Government
6-27 Code, is amended to read as follows:
7-1 (7) "Compensation" means the base salary of a person;
7-2 amounts that would otherwise qualify as compensation but are not
7-3 received directly by a person pursuant to a good faith, voluntary,
7-4 written salary reduction agreement in order to finance payments to
7-5 a deferred compensation or tax sheltered annuity program
7-6 specifically authorized by state law or to finance benefit options
7-7 under a cafeteria plan qualifying under Section 125 of the Internal
7-8 Revenue Code of 1986 (26 U.S.C. Section 125); longevity and
7-9 hazardous duty pay; nonmonetary compensation, the value of which
7-10 is determined by the retirement system; amounts by which a person's
7-11 salary is reduced under a salary reduction agreement authorized by
7-12 Chapter 610; and the benefit replacement pay a person earns under
7-13 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
7-14 74th Legislature, 1995, except for the benefit replacement pay a
7-15 person earns as a result of a payment made under Subchapter B, C,
7-16 or D, Chapter 661. The term excludes overtime pay and a cleaning
7-17 or clothing allowance.
7-18 SECTION 11. (a) Subchapter B, Chapter 2001, Government
7-19 Code, is amended by adding Section 2001.039 to read as follows:
7-20 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES. (a) A
7-21 state agency shall review and consider for readoption each of its
7-22 rules in accordance with this section.
7-23 (b) A state agency shall review a rule not later than the
7-24 fourth anniversary of the date on which the rule takes effect and
7-25 every four years after that date. The adoption of an amendment to
7-26 an existing rule does not affect the dates on which the rule must
7-27 be reviewed except that the effective date of an amendment is
8-1 considered to be the effective date of the rule if the agency
8-2 formally conducts a review of the rule in accordance with this
8-3 section as part of the process of adopting the amendment.
8-4 (c) The state agency shall readopt, readopt with amendments,
8-5 or repeal a rule as the result of reviewing the rule under this
8-6 section.
8-7 (d) The procedures of this subchapter relating to the
8-8 original adoption of a rule apply to the review of a rule and to
8-9 the resulting repeal, readoption, or readoption with amendments of
8-10 the rule, except as provided by this subsection. Publishing the
8-11 Texas Administrative Code citation to a rule under review satisfies
8-12 the requirements of this subchapter relating to publishing the text
8-13 of the rule unless the agency readopts the rule with amendments as
8-14 a result of the review.
8-15 (e) A state agency's review of a rule must include an
8-16 assessment of whether the reasons for initially adopting the rule
8-17 continue to exist.
8-18 (b) The duties prescribed by this subsection apply only to
8-19 state agency rules that are in effect on September 1, 1999, and
8-20 that have not already been reviewed in accordance with Section 167,
8-21 Article IX, Chapter 1452, Acts of the 75th Legislature, Regular
8-22 Session, 1997 (General Appropriations Act). A state agency shall
8-23 review each of those rules in accordance with Section 2001.039,
8-24 Government Code, as added by this Act, and in accordance with this
8-25 subsection not later than August 31, 2003. Not later than August
8-26 31, 2000, each state agency shall develop and send to the secretary
8-27 of state for publication in the Texas Register a plan under which
9-1 the agency will review its existing rules. The plan must state for
9-2 each of those rules the date by which the state agency will begin
9-3 the review required by Section 2001.039, Government Code, as added
9-4 by this Act.
9-5 (c) For purposes of subsequent reviews under Section
9-6 2001.039, Government Code, as added by this Act, the effective date
9-7 of an existing rule initially reviewed under Subsection (b) of this
9-8 section or under Section 167, Article IX, Chapter 1452, Acts of the
9-9 75th Legislature, Regular Session, 1997 (General Appropriations
9-10 Act), is considered to be the date on which the state agency begins
9-11 the review of the rule by publishing in the Texas Register the
9-12 notice for the review required under Section 2001.024, Government
9-13 Code, through either Subsection (d), Section 2001.039 or Section
9-14 167.
9-15 SECTION 12. Subchapter D, Chapter 2052, Government Code, is
9-16 amended by adding Section 2052.304 to read as follows:
9-17 Sec. 2052.304. USE OF CERTAIN PRINTING STOCK. (a) A state
9-18 officer or board, court, commission, or other agency in the
9-19 executive or judicial branch of state government may not publish a
9-20 report or other printed materials on enamel-coated, cast-coated, or
9-21 dull-coated printing stock unless the agency imposes a fee for
9-22 receipt of the printed materials.
9-23 (b) This section does not apply to a publication that
9-24 promotes tourism or economic development.
9-25 SECTION 13. Subdivision (6), Section 2054.003, Government
9-26 Code, is amended to read as follows:
9-27 (6) "Information resources" means the procedures,
10-1 equipment, and software that are employed, designed, built,
10-2 operated, and maintained to collect, record, process, store,
10-3 retrieve, display, and transmit information, and associated
10-4 personnel including consultants and contractors.
10-5 SECTION 14. Subchapter F, Chapter 2054, Government Code, is
10-6 amended by adding Sections 2054.121 and 2054.122 to read as
10-7 follows:
10-8 Sec. 2054.121. COORDINATION AMONG INSTITUTIONS OF HIGHER
10-9 EDUCATION. An institution of higher education shall coordinate its
10-10 use of information technologies with other such institutions to
10-11 more effectively provide education, research, and community
10-12 service.
10-13 Sec. 2054.122. COORDINATED TECHNOLOGY TRAINING. A state
10-14 agency each calendar quarter shall coordinate agency training for
10-15 the use of information resources technologies with training offered
10-16 or coordinated by the department. The agency shall use training
10-17 offered or coordinated by the department if it meets agency
10-18 requirements and is cost-competitive.
10-19 SECTION 15. Subchapter C, Chapter 2101, Government Code, is
10-20 amended by adding Section 2101.0377 to read as follows:
10-21 Sec. 2101.0377. REPORTING ACCOUNTING IRREGULARITIES TO STATE
10-22 AUDITOR. On determining that a state agency, as defined by Section
10-23 658.001, or an institution of higher education, as defined by
10-24 Section 61.003, Education Code, has inaccurately reported the
10-25 expenditure of appropriated funds or engaged in recurring
10-26 accounting irregularities, the comptroller shall report the agency
10-27 or institution to the state auditor for appropriate action,
11-1 including a comprehensive financial audit.
11-2 SECTION 16. Subchapter B, Chapter 2155, Government Code, is
11-3 amended by adding Section 2155.084 to read as follows:
11-4 Sec. 2155.084. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
11-5 commission or the governing body of an institution of higher
11-6 education may negotiate purchases of goods of any kind needed by a
11-7 state agency or the institution of higher education with the
11-8 appropriate agency of the federal government. The governing body
11-9 of an institution of higher education may act under this section
11-10 either directly or through the commission or another state agency.
11-11 (b) The price of goods that are purchased from the federal
11-12 government may not exceed the fair market value of the goods.
11-13 (c) In negotiating purchases of goods from the federal
11-14 government under this section or under Subchapter G, Chapter 2175,
11-15 the commission or the governing body of the institution of higher
11-16 education may waive the requirement of a bidder's bond and
11-17 performance bond that otherwise would be required.
11-18 SECTION 17. Subsection (a), Section 2155.132, Government
11-19 Code, is amended to read as follows:
11-20 (a) A state agency is delegated the authority to purchase
11-21 goods and services if the purchase does not exceed $15,000. If the
11-22 commission determines that a state agency has not followed the
11-23 commission's rules or the laws related to the delegated purchases,
11-24 the commission shall report its determination to the members of the
11-25 state agency's governing body and to the governor, lieutenant
11-26 governor, speaker of the house of representatives, and Legislative
11-27 Budget Board.
12-1 SECTION 18. Section 2155.268, Government Code, is amended to
12-2 read as follows:
12-3 Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST. (a) A
12-4 state agency may not maintain and use its own bidders list [only if
12-5 the commission determines by rule that the agency has specialized
12-6 needs that can best be met through maintaining and using its own
12-7 specialized bidders list]. The prohibition of this subsection does
12-8 not apply to the Texas Department of Transportation or to an
12-9 institution of higher education as defined by Section 61.003,
12-10 Education Code, but an institution of higher education should use
12-11 the master bidders list when possible.
12-12 (b) [The commission by rule may prescribe the categories of
12-13 purchases or other acquisitions for which a state agency's
12-14 specialized bidders list may be used.]
12-15 [(c)] A state agency may supplement the bidders list with
12-16 its own list of historically underutilized businesses if it
12-17 determines that the supplementation will increase the number of
12-18 historically underutilized businesses that submit bids.
12-19 (c) [(d)] A state agency may purchase goods and services
12-20 from a vendor who is not on the bidders list if the purchase price
12-21 does not exceed $5,000.
12-22 SECTION 19. Subchapter H, Chapter 2155, Government Code, is
12-23 amended by adding Section 2155.4441 to read as follows:
12-24 Sec. 2155.4441. PREFERENCE UNDER SERVICE CONTRACTS. A state
12-25 agency that contracts for services shall require the contractor, in
12-26 performing the contract, to purchase products and materials
12-27 produced in this state when they are available at a price and time
13-1 comparable to products and materials produced outside this state.
13-2 SECTION 20. Subchapter A, Chapter 2158, Government Code, is
13-3 amended by adding Section 2158.0031 to read as follows:
13-4 Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES.
13-5 A state agency authorized to purchase passenger vehicles or other
13-6 ground transportation vehicles for general use shall purchase
13-7 economical, fuel-efficient vehicles assembled in the United States
13-8 unless such a purchase would have a significant detrimental effect
13-9 on the use to which the vehicles will be put.
13-10 SECTION 21. Section 2161.002, Government Code, is amended by
13-11 adding Subsection (c) to read as follows:
13-12 (c) In adopting rules to administer this chapter, the
13-13 commission shall adopt rules that are based on the results of the
13-14 disparity study prepared by the comptroller under Section 65(c),
13-15 Chapter 684, Acts of the 73rd Legislature, Regular Session, 1993.
13-16 If other similar disparity studies are prepared on behalf of state
13-17 government, the commission shall revise the rules in response to
13-18 the findings of the latest disparity study. All state agencies and
13-19 institutions of higher education shall adopt the commission rules.
13-20 Each state agency and institution of higher education shall make a
13-21 good faith effort to increase purchases and contract awards to
13-22 historically underutilized businesses based on the rules adopted by
13-23 the commission.
13-24 SECTION 22. Section 2161.122, Government Code, is amended by
13-25 adding a new Subsection (c) and redesignating Subsections (c) and
13-26 (d) as Subsections (d) and (e) to read as follows:
13-27 (c) State agencies shall report to the commission in
14-1 accordance with Section 2161.125 the following information on
14-2 historically underutilized businesses with regard to the
14-3 expenditure of both treasury and nontreasury funds:
14-4 (1) the total dollar amount of purchases and payments
14-5 made under contracts awarded to historically underutilized
14-6 businesses;
14-7 (2) the number of contracts awarded to historically
14-8 underutilized and all other businesses; and
14-9 (3) the number of bids, proposals, or other applicable
14-10 expressions of interest made by historically underutilized
14-11 businesses with regard to contracting opportunities with the
14-12 agency.
14-13 (d) A state agency participating in a group purchasing
14-14 program described under Section 2155.139(b) shall send to the
14-15 commission in the agency's report under Section 2161.121 a separate
14-16 list of purchases from historically underutilized businesses that
14-17 are made through the group purchasing program, including the dollar
14-18 amount of each purchase allocated to the reporting agency.
14-19 (e) [(d)] A state agency's report is a record of the
14-20 agency's purchases for which the agency selected the vendor. If
14-21 the vendor was selected by the commission as part of its state
14-22 contract program, the commission shall include the purchase in the
14-23 commission's report of its own purchases unless the commission made
14-24 a sole source purchase for the agency under Section 2155.067. The
14-25 state agency for which the purchase was made shall report the
14-26 selection of the vendor on its report as if the agency selected the
14-27 vendor when the agency drew specifications for goods or services
15-1 that are proprietary to one vendor.
15-2 SECTION 23. Section 2161.123, Government Code, is amended by
15-3 adding Subsections (d), (e), (f), and (g) to read as follows:
15-4 (d) The state auditor shall report to the commission a state
15-5 agency that is not complying with this section or is not making a
15-6 good faith effort to implement the plan adopted under this section.
15-7 In determining whether a state agency is making a good faith effort
15-8 to implement the plan, the state auditor shall consider at a
15-9 minimum whether the agency has:
15-10 (1) adopted rules under Section 2161.002;
15-11 (2) used the commission's directory under Section
15-12 2161.064 and other resources to identify historically underutilized
15-13 businesses that are able and available to contract with the agency;
15-14 (3) made good faith, timely efforts to contact
15-15 identified historically underutilized businesses regarding
15-16 contracting opportunities; and
15-17 (4) conducted its procurement program in accordance
15-18 with the good faith effort methodology set out in commission rules.
15-19 (e) In conducting an audit of an agency's compliance with
15-20 this section or an agency's making of a good faith effort to
15-21 implement the plan adopted under this section, the state auditor
15-22 shall not consider the success or failure of the agency to contract
15-23 with historically underutilized businesses in any specific
15-24 quantity. The state auditor's review shall be restricted to the
15-25 agency's procedural compliance with Subsection (d).
15-26 (f) If the state auditor reports to the commission that a
15-27 state agency is not complying with this section or is not making a
16-1 good faith effort to implement the plan adopted under this section,
16-2 the commission shall assist the agency in complying with or in
16-3 making a good faith effort to implement the plan.
16-4 (g) If the state auditor reports to the commission under
16-5 Subsection (d) that a state agency is not complying with this
16-6 section or is not making a good faith effort to implement the plan
16-7 adopted under this section and the commission determines that one
16-8 year after the date of the state auditor's report to the commission
16-9 the agency is still either not complying with this section or not
16-10 making a good faith effort to implement the plan adopted under this
16-11 section, the commission may revoke the purchasing authority of the
16-12 agency. If the commission revokes an agency's delegated purchasing
16-13 authority under this section, the comptroller may consider that
16-14 fact in the event the commission needs a transfer of the agency's
16-15 appropriated funds to cover the costs to the commission of assuming
16-16 the agency's purchasing functions. The amount transferred from the
16-17 agency's funds to the commission shall be an amount determined by
16-18 the Legislative Budget Board.
16-19 SECTION 24. Subsection (c), Section 2165.104, Government
16-20 Code, is amended to read as follows:
16-21 (c) To the extent possible without sacrificing critical
16-22 public or client services, the commission may not allocate usable
16-23 office space, as defined by the commission, to a state agency under
16-24 Article I, [or] II, V, VI, VII, or VIII of the General
16-25 Appropriations Act or to the Texas Higher Education Coordinating
16-26 Board, the Texas Education Agency, the State Board for Educator
16-27 Certification, the Telecommunications Infrastructure Fund Board, or
17-1 the Office of Court Administration of the Texas Judicial System in
17-2 an amount that exceeds an average of 153 square feet per agency
17-3 employee for each agency site. To the extent that any of those
17-4 agencies allocates its own usable office space, as defined by the
17-5 commission, the agency shall allocate the space to achieve the
17-6 required ratio. This subsection does not apply to:
17-7 (1) an agency site at which fewer than 16 employees
17-8 are located;
17-9 (2) warehouse space;
17-10 (3) laboratory space;
17-11 (4) storage space exceeding 1,000 gross square feet;
17-12 (5) library space;
17-13 (6) space for hearing rooms used to conduct hearings
17-14 required under the administrative procedure law, Chapter 2001; or
17-15 (7) another type of space specified by commission
17-16 rule, if the commission determines that it is not practical to
17-17 apply this subsection to that space.
17-18 SECTION 25. Subchapter A, Chapter 2170, Government Code, is
17-19 amended by adding Sections 2170.009 and 2170.010 to read as
17-20 follows:
17-21 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
17-22 telephone may be located in the Capitol Complex only with the
17-23 approval of the commission. The commission shall collect the
17-24 revenue from the installation and operation of the pay telephone
17-25 and deposit it to the credit of the general revenue fund.
17-26 (b) In a state-owned or state-leased building or on
17-27 state-owned land to which Subsection (a) does not apply, a pay
18-1 telephone may be installed only with the approval of the governing
18-2 body of the state entity that has charge and control of the
18-3 building or land. The entity shall collect the revenue from the
18-4 installation and operation of the pay telephone and deposit it to
18-5 the credit of the general revenue fund unless the disposition of
18-6 the revenue is governed by other law.
18-7 (c) The commission or other state entity shall account for
18-8 the revenue collected under this section in the entity's annual
18-9 report.
18-10 Sec. 2170.010. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
18-11 state agency and its officers and employees may not buy, rent, or
18-12 pay toll charges for a telephone for which the telephone number is
18-13 not listed or available from directory assistance to the general
18-14 public unless the unlisted telephone number is used:
18-15 (1) to provide access to computers, telephone system
18-16 control centers, long-distance networks, elevator control systems,
18-17 and other tone-controlled devices for which restricted access to
18-18 the telephone number is justified for security or other purposes;
18-19 (2) in narcotics undercover operations; or
18-20 (3) in the detection of illegal sales of securities.
18-21 SECTION 26. Section 2170.051, Government Code, is amended to
18-22 read as follows:
18-23 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
18-24 commission shall manage the operation of a system of
18-25 telecommunications services for all state agencies. Each agency
18-26 shall identify its particular requirements for telecommunications
18-27 services and the site at which the services are to be provided.
19-1 (b) The commission shall fulfill the telecommunications
19-2 requirements of each state agency to the extent possible and to the
19-3 extent that money is appropriated or available for that purpose.
19-4 (c) A state agency shall use the consolidated
19-5 telecommunications system to the fullest extent possible. A state
19-6 agency may not acquire telecommunications services unless the
19-7 telecommunications planning group determines that the agency's
19-8 requirement for telecommunications services cannot be met at a
19-9 comparable cost by the consolidated telecommunications system.
19-10 (d) A state agency may not enter into or renew a contract
19-11 with a carrier or other provider of telecommunications services
19-12 without obtaining a waiver from the telecommunications planning
19-13 group certifying that the requested telecommunications services
19-14 cannot be provided at a comparable cost on the consolidated
19-15 telecommunications system. The telecommunications planning group
19-16 shall evaluate requests for waivers based on cost-effectiveness to
19-17 the state government as a whole. A waiver may be granted only for
19-18 a specific period and will automatically expire on the stated
19-19 expiration date unless an extension is approved by the
19-20 telecommunications planning group. A contract for
19-21 telecommunications services obtained under waiver may not extend
19-22 beyond the expiration date of the waiver. If the
19-23 telecommunications planning group becomes aware of any state agency
19-24 receiving telecommunications services without a waiver, the
19-25 telecommunications planning group shall notify the agency and the
19-26 comptroller. The state agency shall have 60 days after
19-27 notification by the telecommunications planning group in which to
20-1 submit a waiver request to the telecommunications planning group
20-2 documenting the agency's reasoning for bypassing the consolidated
20-3 telecommunications system and otherwise providing all information
20-4 required by the waiver application form.
20-5 SECTION 27. Subsection (b), Section 2170.057, Government
20-6 Code, is amended to read as follows:
20-7 (b) The comptroller shall establish in the state treasury a
20-8 revolving fund account for the administration of this chapter. The
20-9 account shall be used as a depository for money received from
20-10 entities served. Receipts attributable to the centralized capitol
20-11 complex telephone system shall be deposited into the account but
20-12 separately identified within the account.
20-13 SECTION 28. Section 2201.002, Government Code, is amended by
20-14 adding Subsection (c) to read as follows:
20-15 (c) The fund may not be used to pay salaries.
20-16 SECTION 29. Chapter 2203, Government Code, is amended by
20-17 adding Sections 2203.004 and 2203.005 to read as follows:
20-18 Sec. 2203.004. REQUIREMENT TO USE STATE PROPERTY FOR STATE
20-19 PURPOSES. State property may be used only for state purposes. A
20-20 person may not entrust state property to a state officer or
20-21 employee or to any other person if the property is not to be used
20-22 for state purposes.
20-23 Sec. 2203.005. VENDING MACHINES AUTHORIZED. (a) In a
20-24 state-owned or state-leased building or on state-owned or
20-25 state-leased property that is not served by a vendor operating
20-26 under the supervision of the Texas Commission for the Blind, a
20-27 vending machine may be located in the building or on the property
21-1 only with the approval of the governing body of the state agency
21-2 that has charge and control of the building or property. The
21-3 approval must be recorded in the minutes of a meeting of the
21-4 governing body.
21-5 (b) The state agency shall file with the General Services
21-6 Commission a copy of all contracts between the state agency and the
21-7 vendor related to the vending machine and a written description of
21-8 the location of the vending machine.
21-9 (c) All rentals, commissions, or other net revenue the state
21-10 agency receives in connection with the vending machine shall be
21-11 accounted for as state money and deposited to the credit of the
21-12 general revenue fund unless the disposition of the revenue is
21-13 governed by other law. The state agency shall account for the
21-14 revenue received under this section in the agency's annual report.
21-15 (d) In a state-owned or state-leased building or on
21-16 state-owned or state-leased property that is served by a vendor
21-17 operating under the supervision of the Texas Commission for the
21-18 Blind, a vending machine may be located and operated in the
21-19 building or on the property only under a joint contract with the
21-20 owners of the vending machine and the vendor operating under the
21-21 supervision of the Texas Commission for the Blind.
21-22 SECTION 30. Subchapter A, Chapter 2204, Government Code, is
21-23 amended by adding Sections 2204.002 and 2204.003 to read as
21-24 follows:
21-25 Sec. 2204.002. RESTRICTION ON ACQUISITION OF REAL PROPERTY.
21-26 A state agency, as defined by Section 658.001, may not accept a
21-27 gift or devise of real property or spend appropriated money to
22-1 purchase real property without statutory authority or other
22-2 legislative authorization.
22-3 Sec. 2204.003. GIFTS OF REAL PROPERTY TO INSTITUTIONS OF
22-4 HIGHER EDUCATION. An institution of higher education, as defined
22-5 by Section 61.003, Education Code, may accept a gift or devise of
22-6 real property from a private entity to establish scholarships or
22-7 professorships or to be held in trust for other educational
22-8 purposes only if the administrative head or the presiding officer
22-9 of the governing body of the institution certifies to the
22-10 Legislative Budget Board that an appropriation of educational and
22-11 general funds will not be required in the future to operate,
22-12 maintain, repair, or construct a building on the property.
22-13 SECTION 31. Section 2251.030, Government Code, is amended to
22-14 read as follows:
22-15 Sec. 2251.030. PROMPT OR EARLY PAYMENT DISCOUNT. (a) The
22-16 intent of the legislature is that a governmental entity should take
22-17 advantage of an offer for an early payment discount. A state
22-18 agency shall when possible negotiate a prompt payment discount with
22-19 a vendor.
22-20 (b) A governmental entity may not take an early payment
22-21 discount a vendor offers unless the governmental entity makes a
22-22 full payment within the discount period.
22-23 (c) If a governmental entity takes an early payment discount
22-24 later, the unpaid balance accrues interest beginning on the date
22-25 the discount offer expires.
22-26 (d) A state agency, when paying for goods and services
22-27 purchased under an agreement that includes a prompt or early
23-1 payment discount, shall submit the necessary payment documents or
23-2 information to the comptroller sufficiently in advance of the
23-3 prompt or early payment deadline to allow the comptroller or the
23-4 agency to pay the vendor in time to obtain the discount.
23-5 SECTION 32. Section 2252.901, Government Code, is amended to
23-6 read as follows:
23-7 Sec. 2252.901. CONTRACTS WITH FORMER OR RETIRED AGENCY
23-8 EMPLOYEES. (a) A state agency may not enter into an employment
23-9 contract, a professional services contract under Chapter 2254, or a
23-10 consulting services contract under Chapter 2254 with a former or
23-11 retired employee of the agency before the first anniversary of the
23-12 last date on which the individual was employed by the agency, if
23-13 appropriated money will be used to make payments under the
23-14 contract.
23-15 (b) A state agency that contracts at any time with a retired
23-16 agency employee to perform services substantially similar to the
23-17 services the retiree performed for the agency during the last 12
23-18 months of service before retirement may not make payments under the
23-19 contract from any source of revenue at an annualized rate that
23-20 exceeds the lesser of:
23-21 (1) the rate of compensation the retiree received from
23-22 the state during the last 12 months of service before retirement;
23-23 or
23-24 (2) $60,000.
23-25 (c) [(b)] The contract payment limitation provided by
23-26 Subsection (b) [(a)] does not apply during the first six months a
23-27 retiree performs services under a contract after retirement, except
24-1 that if a retiree performs services under the contract for more
24-2 than six months, the limitation applies to the entire term of the
24-3 contract.
24-4 (d) [(c)] In this section:
24-5 (1) "Employment contract" includes a personal services
24-6 contract regardless of whether the performance of the contract
24-7 involves the traditional relationship of employer and employee.
24-8 The term does not apply to an at-will employment relationship that
24-9 involves the traditional relationship of employer and employee.
24-10 (2) "Retired agency employee" means a person:
24-11 (A) whose last state service before retirement
24-12 was for the state agency with which the retiree contracts to
24-13 perform services; and
24-14 (B) who is a retiree of:
24-15 (i) the employee class of membership of
24-16 the Employees Retirement System of Texas; or
24-17 (ii) the Teacher Retirement System of
24-18 Texas, the majority of whose service was credited in that system in
24-19 a position with a state agency.
24-20 (3) [(2)] "State agency" includes a "public senior
24-21 college or university," as that term is defined by Section 61.003,
24-22 Education Code.
24-23 SECTION 33. Subchapter A, Chapter 2254, Government Code, is
24-24 amended by adding Section 2254.0031 to read as follows:
24-25 Sec. 2254.0031. INDEMNIFICATION. A state governmental
24-26 entity may require a contractor selected under this subchapter to
24-27 indemnify or hold harmless the state from claims and liabilities
25-1 resulting from the negligent acts or omissions of the contractor or
25-2 persons employed by the contractor. A state governmental entity
25-3 may not require a contractor to indemnify or hold harmless the
25-4 state for claims or liabilities resulting from the negligent acts
25-5 or omissions of the state governmental entity or its employees.
25-6 SECTION 34. Subchapter B, Chapter 205, Labor Code, is
25-7 amended by adding Section 205.019 to read as follows:
25-8 Sec. 205.019. REIMBURSEMENT FROM NON-TREASURY FUNDS. (a) A
25-9 branch, department, or other instrumentality of this state that
25-10 reimburses the commission with funds that are held outside the
25-11 state treasury shall reimburse the commission by writing a check to
25-12 the commission for deposit into the appropriate unemployment
25-13 compensation account. A deposit under this section shall be made
25-14 not later than the 30th day after the date the instrumentality
25-15 receives the commission's statement of amounts due.
25-16 (b) The commission shall send a copy of each statement of
25-17 amounts due from a branch, department, or other instrumentality of
25-18 this state that reimburses the commission with funds that are held
25-19 outside the state treasury to the comptroller and the state
25-20 auditor.
25-21 (c) A branch, department, or other instrumentality affected
25-22 by this section may allocate appropriate funds to a revolving
25-23 account on its books to receive contributions from funds other than
25-24 general revenue funds, based on an assessment it determines to be
25-25 appropriate for the purpose of reimbursing the appropriate
25-26 unemployment compensation account for benefits paid.
25-27 (d) The state auditor shall review affected entities for
26-1 compliance with this section.
26-2 SECTION 35. The chapter heading to Chapter 506, Labor Code,
26-3 is amended to read as follows:
26-4 CHAPTER 506. MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT
26-5 EMPLOYEES [PAYMENT OF CERTAIN JUDGMENTS]
26-6 SECTION 36. Chapter 506, Labor Code, is amended by adding
26-7 Section 506.002 to read as follows:
26-8 Sec. 506.002. REIMBURSEMENT FROM NON-TREASURY FUNDS.
26-9 (a) An agency or other instrumentality of state government that,
26-10 with funds that are held outside the state treasury, reimburses the
26-11 general revenue fund for workers' compensation payments made out of
26-12 the general revenue fund to former or current employees of the
26-13 agency or other instrumentality shall reimburse the general revenue
26-14 fund by writing a check to the comptroller:
26-15 (1) for deposit into the appropriate account in the
26-16 general revenue fund; and
26-17 (2) not later than 30 days after receiving the
26-18 statement of amounts due.
26-19 (b) The workers' compensation division of the office of the
26-20 attorney general shall send to the comptroller and the state
26-21 auditor a copy of each statement of amounts due from an agency or
26-22 other instrumentality of state government that, with funds that are
26-23 held outside the state treasury, reimburses the general revenue
26-24 fund for workers' compensation payments made out of the general
26-25 revenue fund.
26-26 (c) An agency or other instrumentality of state government
26-27 affected by this section may allocate appropriate funds to a
27-1 revolving account on its books to receive contributions from funds
27-2 other than general revenue funds, based on an assessment it
27-3 determines to be appropriate for the purpose of reimbursing the
27-4 general revenue fund for the workers' compensation payments made to
27-5 its current or former employees.
27-6 (d) The state auditor shall review affected entities for
27-7 compliance with this section.
27-8 SECTION 37. Subchapter D, Chapter 11, Natural Resources
27-9 Code, is amended by adding Section 11.0791 to read as follows:
27-10 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
27-11 LANDS. When a state governmental entity sells state land, the
27-12 entity shall require that the state have the right of ingress and
27-13 egress to remaining state land in the immediate area by an easement
27-14 to a public thoroughfare.
27-15 SECTION 38. Subchapter D, Chapter 11, Natural Resources
27-16 Code, is amended by adding Section 11.083 to read as follows:
27-17 Sec. 11.083. RETENTION OF MINERAL RIGHTS. The state shall
27-18 retain the mineral rights to state land that is sold unless it is
27-19 impractical to do so.
27-20 SECTION 39. Section 31.401, Natural Resources Code, is
27-21 amended to read as follows:
27-22 Sec. 31.401. NATURAL GAS ACQUISITION CONTRACTS. (a) The
27-23 land office shall review and must approve any contract entered into
27-24 by a state agency for the acquisition of an annual average of 100
27-25 MCF per day or more of natural gas used to meet its [in the
27-26 production of] energy requirements.
27-27 (b) Before approving a contract described by Subsection (a)
28-1 of this section, the land office shall ensure that the agency, to
28-2 meet its energy requirements, is using, to the greatest extent
28-3 practical, natural gas produced from land leased from:
28-4 (1) the school land board;
28-5 (2) a board for lease other than the Board for Lease
28-6 of University Lands; or
28-7 (3) the surface owner of Relinquishment Act land.
28-8 (c) If the land office is able to substitute a contract
28-9 using in-kind royalty gas from state-owned lands or using other gas
28-10 for a contract under which a state agency acquires or proposes to
28-11 acquire its natural gas supplies, the commissioner shall inform the
28-12 comptroller each month of the amount of savings attributable to the
28-13 substitution.
28-14 (d) In this section, "state agency" has the meaning assigned
28-15 by Subchapter A, Chapter 572, Government Code.
28-16 SECTION 40. Subsection (d), Section 403.273, Government
28-17 Code, is repealed.
28-18 SECTION 41. Subsection (c), Section 2165.104, Government
28-19 Code, as amended by this Act, does not apply to the Texas Higher
28-20 Education Coordinating Board or the State Board for Educator
28-21 Certification until the expiration of all leases under which the
28-22 board occupies office space on the effective date of this Act.
28-23 SECTION 42. This Act does not affect the authority of an
28-24 institution of higher education to collect, account for, and
28-25 control local funds and institutional funds in the manner
28-26 authorized by Subchapter A, Chapter 51, Education Code.
28-27 SECTION 43. This section provides, for information purposes
29-1 only, a derivation table for the provisions of the General
29-2 Appropriations Act that are codified in general law by other
29-3 sections of this Act. The first column identifies the codified
29-4 law; all references are to the Government Code unless otherwise
29-5 noted. The second column identifies for each codified law the
29-6 applicable source provision in Article IX of the General
29-7 Appropriations Act for the fiscal biennium ending August 31, 1999
29-8 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
29-9 1997).
29-10 Codified Law Source Provision
29-11 Sec. 101.027(a), Civil Practice Sec. 61
29-12 and Remedies Code
29-13 Sec. 106.001(c), Civil Practice Sec. 124.11
29-14 and Remedies Code
29-15 Sec. 306.007 Sec. 40.2
29-16 Sec. 321.013(c) Sec. 176, 124.8 (part)
29-17 Sec. 321.014(c) Sec. 91
29-18 Sec. 325.011(9)(b) Sec. 124.10
29-19 Sec. 403.097 Sec. 32.2
29-20 Sec. 403.245(b) Sec. 126
29-21 Sec. 771.008(d) Sec. 78
29-22 Sec. 811.001(7) Sec. 181, last sent.
29-23 Sec. 2001.039 Sec. 167
29-24 Sec. 2052.304 Sec. 40.3
29-25 Sec. 2054.003(6) Sec. 43.1.a
29-26 Sec. 2054.121 Sec. 43.5
29-27 Sec. 2054.122 Sec. 156
30-1 Sec. 2101.0377 Sec. 70
30-2 Sec. 2155.084 Sec. 135, 1st 2 par.
30-3 Sec. 2155.132(a) Sec. 90
30-4 Sec. 2155.268 Sec. 56
30-5 Sec. 2155.4441 Sec. 53
30-6 Sec. 2158.0031 Sec. 20.3, 1st sent.
30-7 Sec. 2161.002(c) Sec. 124.5
30-8 Sec. 2161.122(c) Sec. 124.6, 124.7
30-9 Sec. 2161.123(d)-(g) Sec. 124.8, 124.9
30-10 Sec. 2165.104(c) Sec. 154, except last sent.
30-11 Sec. 2170.009 Sec. 111 (most)
30-12 Sec. 2170.010 Sec. 141
30-13 Secs. 2170.051(c), (d) Sec. 140
30-14 Sec. 2170.057(b) Sec. 139, 2nd par.
30-15 Sec. 2201.002(c) Sec. 150.2
30-16 Sec. 2203.004 Sec. 149
30-17 Sec. 2203.005 Sec. 110 (most)
30-18 Sec. 2204.002 Sec. 135, 3rd par., 1st
30-19 sent.
30-20 Sec. 2204.003 Sec. 135, 3rd par., 2nd
30-21 sent.
30-22 Sec. 2251.030 Sec. 79
30-23 Sec. 2252.901 Sec. 52
30-24 Sec. 2254.0031 Sec. 51
30-25 Sec. 205.019, Labor Code Sec. 80 (part)
30-26 Sec. 506.002, Labor Code Sec. 81 (part)
30-27 Sec. 11.0791, Natural Resources Code Sec. 148, 1st par.
31-1 Sec. 11.083, Natural Resources Code Sec. 147
31-2 Sec. 31.401, Natural Resources Code Sec. 144 (part)
31-3 SECTION 44. This Act takes effect September 1, 1999.
31-4 SECTION 45. The importance of this legislation and the
31-5 crowded condition of the calendars in both houses create an
31-6 emergency and an imperative public necessity that the
31-7 constitutional rule requiring bills to be read on three several
31-8 days in each house be suspended, and this rule is hereby suspended.