By Longoria                                           H.B. No. 3110
         76R8953 CAG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the oversight and operations of regional planning
 1-3     commissions and councils of governments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 391.002(1), Local Government Code, is
 1-6     amended to read as follows:
 1-7                 (1)  "Governmental unit" means a county, municipality,
 1-8     authority, district, or other political subdivision of the state,
 1-9     including a regional planning commission or council of government
1-10     formed by counties and municipalities under this chapter.
1-11           SECTION 2.  Sections 391.005(a) and (b), Local Government
1-12     Code, are amended to read as follows:
1-13           (a)  A commission may contract with a participating
1-14     governmental unit to perform a service if:
1-15                 (1)  the participating governmental unit could contract
1-16     with the state, another governmental unit, or a private
1-17     organization without governmental powers to perform the service;
1-18     and
1-19                 (2)  the contract to perform the service does not
1-20     impose a cost or obligation on a participating governmental unit
1-21     not a party to the contract.
1-22           (b)  A commission may:
1-23                 (1)  purchase, lease, or otherwise acquire property;
1-24                 (2)  hold or sell or otherwise dispose of property;
 2-1                 (3)  employ staff and consult with and retain experts;
 2-2     or
 2-3                 (4)(A)  provide retirement benefits for its employees
 2-4     through a jointly contributory retirement plan with an agency,
 2-5     firm, or corporation authorized to do business in the state; or
 2-6                       (B)  participate in the Texas Municipal
 2-7     Retirement System[, the Employees Retirement System of Texas,] or
 2-8     the Texas County and District Retirement System when those systems
 2-9     by legislation or administrative arrangement permit participation.
2-10           SECTION 3.  Section 391.006, Local Government Code, is
2-11     amended by adding Subsections (c), (d), and (e) to read as follows:
2-12           (c)  The governing body of a commission shall establish
2-13     salary schedules for all employees, benefits available to
2-14     employees, travel approval and reimbursement policies, and
2-15     procurement policies and procedures.  A commission salary schedule
2-16     may not be changed unless:
2-17                 (1)  the commission conducts a compensation study of
2-18     market salaries and benefits; and
2-19                 (2)  any changes to the salary schedule are consistent
2-20     with the study's findings.
2-21           (d)  The governing body of a commission shall arrange
2-22     annually for at least eight hours of training for its members.
2-23     Training required under this section may be provided as a part of
2-24     other required training for governmental officials.  Training
2-25     topics shall include:
2-26                 (1)  the personnel, procurement, and travel policies of
2-27     the commission;
 3-1                 (2)  the duties of governing body members;
 3-2                 (3)  compliance with open meetings, open records,
 3-3     conflict-of-interest, and nepotism laws applying to the commission;
 3-4     and
 3-5                 (4)  the finances and work program of the commission,
 3-6     including audits and contractual responsibilities to state and
 3-7     federal agencies.
 3-8           (e)  The nepotism provisions of Chapter 573, Government Code,
 3-9     apply to a commission.
3-10           SECTION 4.  Section 391.009, Local Government Code, is
3-11     amended by amending Subsection (a) and adding Subsections (c)-(g)
3-12     to read as follows:
3-13           (a)  The governor may [shall] issue rules for [guidelines to]
3-14     commissions and governmental units to carry out the provisions of
3-15     this chapter, including rules relating to review and comment
3-16     procedures.
3-17           (c)  The governing body of a commission shall report to the
3-18     governor annually on the commission's:
3-19                 (1)  operation and oversight;
3-20                 (2)  receipt and expenditure of funds;
3-21                 (3)  calculation of direct and indirect expenses;
3-22                 (4)  acquisition and disposal of assets;
3-23                 (5)  compensation policies; and
3-24                 (6)  reports or audits on the performance of the
3-25     commission, including any report on the achievement of local
3-26     objectives and contributions to the performance measures of any
3-27     state agency from which the commission receives funds.
 4-1           (d)  A commission shall provide annually to the governor a
 4-2     copy of an audit of the commission's accounts conducted by a
 4-3     qualified independent auditor and any other reports required by the
 4-4     governor to assure compliance with this chapter.  If the governor
 4-5     determines that there is a question about the appropriateness of an
 4-6     expenditure or other action of a commission, the governor shall
 4-7     report the expenditure to the state auditor for review.
 4-8           (e)  Not later than the 30th day before the date of the
 4-9     commencement of the commission's annual independent audit, the
4-10     commission shall give each state agency that provides funds to the
4-11     commission a written notice of its planned audit and provide the
4-12     state agency with an opportunity to specify audit objectives of the
4-13     agency to be addressed in the independent audit.
4-14           (f)  A state agency shall review a commission's most recent
4-15     independent audit before initiating a field audit of the commission
4-16     and shall coordinate the conduct of the audits, including
4-17     coordinating the requests for information, the timing of audits,
4-18     and the number of auditors on site at any given time.
4-19           (g)  A commission shall also send to the state auditor, the
4-20     comptroller, and the Legislative Budget Board a copy of a report or
4-21     audit required under this chapter.
4-22           SECTION 5.  Section 391.011, Local Government Code, is
4-23     amended by adding Subsections (e) and (f) to read as follows:
4-24           (e)  A commission may not use public funds, including funds
4-25     appropriated by the state, for any of the following purposes:
4-26                 (1)  travel by a spouse;
4-27                 (2)  personal business expenses;
 5-1                 (3)  personal entertainment;
 5-2                 (4)  alcoholic beverages;
 5-3                 (5)  personal services, including dry cleaning or
 5-4     laundry;
 5-5                 (6)  any expense that is reimbursed by another
 5-6     governmental unit or private source;
 5-7                 (7)  any expense for which compensation was initially
 5-8     made by a per diem or a group purchase; or
 5-9                 (8)  any airfare other than coach class airfare, unless
5-10     coach class airfare is unavailable.
5-11           (f)  A commission shall comply with any provision of state
5-12     and federal law regarding the use of state or federal funds for
5-13     lobbying or advocacy.
5-14           SECTION 6.  This Act takes effect September 1, 1999.
5-15           SECTION 7.  The importance of this legislation and the
5-16     crowded condition of the calendars in both houses create an
5-17     emergency and an imperative public necessity that the
5-18     constitutional rule requiring bills to be read on three several
5-19     days in each house be suspended, and this rule is hereby suspended.