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.