By: Ratliff S.B. No. 175
A BILL TO BE ENTITLED
AN ACT
1-1 relating to codification of certain travel provisions in the
1-2 General Appropriations Act that are applicable to state officers
1-3 and employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 660.003, Government Code, is amended by
1-6 amending Subsection (e) and adding Subsection (g) to read as
1-7 follows:
1-8 (e) A state agency may pay or reimburse a travel expense
1-9 only if:
1-10 (1) the expense is reasonable and necessary;
1-11 (2) the purpose of the travel clearly involves
1-12 official state business and is consistent with the agency's legal
1-13 authority; [and]
1-14 (3) the expense and the travel during which the
1-15 expense is incurred comply with:
1-16 (A) this chapter;
1-17 (B) the rules adopted by the comptroller under
1-18 this chapter; and
1-19 (C) the travel provisions of the General
1-20 Appropriations Act; and
1-21 (4) for travel outside the state, the travel is
1-22 approved in advance in accordance with the policy of the state
1-23 agency that proposes to pay or reimburse the expense.
1-24 (g) A state agency may pay or reimburse a travel expense for
2-1 the rental, lease, or operation of aircraft only if the
2-2 transportation under the rental, lease, or operation meets the
2-3 criteria provided by Section 2205.036.
2-4 SECTION 2. Subchapter B, Chapter 660, Government Code, is
2-5 amended by adding Section 660.030 to read as follows:
2-6 Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE
2-7 REIMBURSEMENT FORMS. (a) In this section, "travel expense"
2-8 includes tuition and fees for training, seminars, and conferences.
2-9 (b) The comptroller and the state auditor periodically shall
2-10 examine the vouchers and other expense reimbursement forms
2-11 submitted by a state agency for payment of a travel expense payable
2-12 under this chapter to determine compliance with Section 660.003(e)
2-13 and:
2-14 (1) whether the travel expenses were incurred in the
2-15 conduct of official state business;
2-16 (2) whether the state-business-related activities
2-17 conducted during the travel were necessary to perform the state
2-18 business;
2-19 (3) whether the travel was necessary to perform the
2-20 state business conducted; and
2-21 (4) in a case in which vouchers or other expense
2-22 reimbursement forms have been submitted for more than one
2-23 individual for the same or similar travel, whether the number of
2-24 individuals traveling was necessary to perform the state business.
2-25 (c) The comptroller and the state auditor each shall develop
2-26 procedures for examining travel vouchers and other expense
3-1 reimbursement forms. If the comptroller believes that the criteria
3-2 prescribed by Subsection (b) have not been satisfied, the
3-3 comptroller shall provide that information to the state auditor for
3-4 review.
3-5 (d) This section does not apply to a travel expense
3-6 described by Subchapter H. This subsection does not exempt a
3-7 travel expense under Subchapter H from an audit required by Section
3-8 660.028.
3-9 SECTION 3. Section 660.041, Government Code, is amended by
3-10 adding Subsection (c) to read as follows:
3-11 (c) A state employee may not be reimbursed for mileage
3-12 incurred in traveling between the employee's residence and place of
3-13 employment in a personally owned or leased motor vehicle unless the
3-14 travel:
3-15 (1) is necessitated by extraordinary circumstances;
3-16 and
3-17 (2) occurs outside the hours the employee is working.
3-18 SECTION 4. Sections 660.071, 660.074, and 660.075,
3-19 Government Code, are amended to read as follows:
3-20 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
3-21 a key official, [or] a member of a board, or a member of the
3-22 legislature is entitled to be reimbursed as provided by this
3-23 subchapter for use of an aircraft owned or leased by the employee,
3-24 official, or member.
3-25 Sec. 660.074. GROUP TRAVEL. (a) This section applies only
3-26 if a key official, [or] member of a board, or member of the
4-1 legislature travels with another official or member in an aircraft
4-2 owned or leased by the other official or member.
4-3 (b) In addition to the amount entitled to be reimbursed
4-4 under Section 660.071, the key official, [or] member of a board, or
4-5 member of the legislature who owns or leases the aircraft is
4-6 entitled to an amount equal to the amount that would have been paid
4-7 or reimbursed to each passenger had the passenger incurred the
4-8 average economy or coach airfare instead of traveling on the
4-9 aircraft. The total reimbursement to the official or member may
4-10 not exceed the total cost of the trip.
4-11 (c) The lessee of the aircraft may require the reimbursement
4-12 to be paid to the vendor providing the leased aircraft instead of
4-13 the lessee.
4-14 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
4-15 official, [or a] member of a board, or member of the legislature
4-16 is entitled to reimbursement under this subchapter for use of an
4-17 aircraft leased from a proprietorship, partnership, or corporation
4-18 in which the official or member has an interest.
4-19 SECTION 5. Subchapter E, Chapter 660, Government Code, is
4-20 amended by adding Section 660.094 to read as follows:
4-21 Sec. 660.094. LIMOUSINE TRANSPORTATION. A state agency may
4-22 pay for or reimburse a state employee for travel by limousine only
4-23 if it is the least costly transportation available considering all
4-24 relevant circumstances.
4-25 SECTION 6. Section 660.141, Government Code, is amended to
4-26 read as follows:
5-1 Sec. 660.141. REIMBURSEMENT IN CERTAIN CIRCUMSTANCES
5-2 INVOLVING LOWER AIRFARES. The comptroller by rule shall allow
5-3 extra travel time to be claimed for computation of reimbursable
5-4 travel expenses if a state employee obtains an airfare that is
5-5 lower than the fare that would have been paid for travel for the
5-6 same purpose but for a shorter period pursuant to this chapter, the
5-7 result is a cost saving to the state, and the employee's additional
5-8 absence is determined by the employing agency not to be
5-9 detrimental. [TRAVEL BY CERTAIN INDIVIDUALS. (a) An individual
5-10 is entitled to reimbursement for the actual expense of meals and
5-11 lodging incurred while performing the duties of the individual's
5-12 office or employment if the individual is:]
5-13 [(1) a judicial officer;]
5-14 [(2) a chief administrative officer of a state agency,
5-15 subject to Subsection (c);]
5-16 [(3) the executive director of the Texas Legislative
5-17 Council; or]
5-18 [(4) the secretary of the senate.]
5-19 [(b) The governor's spouse is entitled to reimbursement for
5-20 actual travel expenses incurred while performing duties at the
5-21 direction of the governor.]
5-22 [(c) A member of a board whose membership is not elected by
5-23 vote of the people is not a chief administrative officer for the
5-24 purposes of this section.]
5-25 SECTION 7. Subchapter G, Chapter 660, Government Code, is
5-26 amended by adding Section 660.147 to read as follows:
6-1 Sec. 660.147. TRAINING SEMINARS. (a) To reduce travel
6-2 expenditures, each state agency shall use interactive television,
6-3 video conference technology, and telephone conferences to the
6-4 greatest extent possible.
6-5 (b) A state agency may not pay or reimburse a state employee
6-6 for a travel expense associated with a training seminar conducted
6-7 by the agency for its employees unless the chief administrator of
6-8 the agency or the administrator's designee certifies on the voucher
6-9 or other expense reimbursement form that the agency:
6-10 (1) does not possess interactive television or video
6-11 conference facilities at the designated headquarters of the
6-12 employees attending the seminar;
6-13 (2) cannot purchase or lease such facilities at a cost
6-14 less than the total travel expenses associated with the seminar;
6-15 and
6-16 (3) does not have access to another agency's
6-17 facilities at the same location.
6-18 SECTION 8. Chapter 660, Government Code, is amended by
6-19 adding Subchapter H to read as follows:
6-20 SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS
6-21 Sec. 660.201. APPLICABILITY. This subchapter applies to the
6-22 extent it is inconsistent with or supplementary to a provision in
6-23 another part of this chapter. Sections 660.003(e)(4) and (g) do
6-24 not apply to travel by members and employees of the legislature.
6-25 Sec. 660.202. MEMBERS OF THE LEGISLATURE. (a) A member of
6-26 the legislature is entitled to be reimbursed for meal, lodging, and
7-1 incidental expenses incurred while traveling on legislative
7-2 business or on the business of a board, council, committee, or
7-3 commission on which the member sits. The rate of reimbursement is
7-4 determined by resolution of each house as either:
7-5 (1) the maximum per diem rate in the federal travel
7-6 regulations for the location at which the expenses are incurred; or
7-7 (2) the actual amount of the expenses incurred.
7-8 (b) If expenses for meals, lodging, or incidentals are
7-9 incurred in a location for which the federal travel regulations
7-10 have not established a maximum per diem rate, the rate for purposes
7-11 of Subsection (a)(1) is the lowest maximum per diem rate for the
7-12 state or country in which the expenses are incurred.
7-13 (c) A member of the legislature is entitled to be reimbursed
7-14 for the member's use of personally owned or leased motor vehicles
7-15 and the use of rented or public conveyances at the same rate as is
7-16 provided in the General Appropriations Act for state employees.
7-17 (d) Rates of reimbursement for a member of the legislature's
7-18 use of personally owned or leased motor vehicles, rented or public
7-19 conveyances, or personally owned or leased aircraft apply whether a
7-20 trip includes travel to or from the city of Austin.
7-21 (e) During a legislative session, a member of the
7-22 legislature is entitled to be reimbursed for transportation
7-23 expenses, including mileage, at the same rate that is provided by
7-24 the General Appropriations Act for state employees.
7-25 Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES.
7-26 (a) An individual is entitled to reimbursement for the actual
8-1 expense of meals and lodging incurred while performing the duties
8-2 of the individual's office or employment if the individual is:
8-3 (1) a judicial officer;
8-4 (2) a chief administrative officer of a state agency,
8-5 subject to Subsection (c);
8-6 (3) the executive director of the Texas Legislative
8-7 Council; or
8-8 (4) the secretary of the senate.
8-9 (b) The governor's spouse is entitled to reimbursement for
8-10 actual travel expenses incurred while performing duties at the
8-11 direction of the governor.
8-12 (c) A member of a board whose membership is not elected by
8-13 vote of the people is not a chief administrative officer for the
8-14 purposes of this section.
8-15 Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. A state
8-16 employee employed by the legislature or an agency in the
8-17 legislative branch of state government may be reimbursed for the
8-18 actual expense of meals and lodging as determined by the employing
8-19 house of the legislature or agency.
8-20 Sec. 660.205. REPRESENTATION OF STATE. (a) A state
8-21 employee who is designated by the governor to represent the state
8-22 at a governmental meeting or conference held outside the state is
8-23 entitled to reimbursement for the actual expense of meals, lodging,
8-24 and incidentals during the trip.
8-25 (b) A travel expense described by Subsection (a) is
8-26 reimbursable from appropriations to the state agency by which the
9-1 designee is employed.
9-2 Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND
9-3 EMPLOYEES. (a) A state employee who is designated by a member of
9-4 the legislature, a judicial officer, a chief administrator of a
9-5 state agency, the executive director of the Texas Legislative
9-6 Council, the secretary of the senate, or a board member to
9-7 represent the designating party at a particular meeting or
9-8 conference is entitled to reimbursement for the actual expense of
9-9 meals and lodging on the trip.
9-10 (b) A member of the legislature, a judicial officer, a chief
9-11 administrator of a state agency, the executive director of the
9-12 Texas Legislative Council, the secretary of the senate, and a board
9-13 member may authorize a state employee traveling with the
9-14 authorizing party to a particular meeting or conference to receive
9-15 reimbursement for the actual expense of the employee's meals and
9-16 lodging on the trip.
9-17 Sec. 660.207. AIRCRAFT PILOTS. An aircraft pilot who
9-18 conveys state officers or employees on official business is
9-19 entitled to reimbursement for the actual expense of meals and
9-20 lodging on the trip in accordance with Section 660.206(b). The
9-21 pilot is not subject to Section 660.113(b).
9-22 Sec. 660.208. ADVANCE APPROVAL REQUIRED. Reimbursement of
9-23 actual expenses under Section 660.205 or 660.206 may not be made
9-24 unless the chief administrator of the appropriate state agency
9-25 gives advance written approval of the reimbursement and estimates
9-26 the approximate cost of the travel.
10-1 SECTION 9. Section 2171.052, Government Code, is amended to
10-2 read as follows:
10-3 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
10-4 (a) In this section, "commercial lodging establishment" has the
10-5 meaning assigned by Section 660.002.
10-6 (b) The central travel office shall negotiate contracts with
10-7 private travel agents, with travel and transportation providers,
10-8 and with credit card companies that provide travel services and
10-9 other benefits to the state. The central travel office shall
10-10 negotiate with commercial lodging establishments to obtain the most
10-11 cost-effective rates possible for state employees traveling on
10-12 state business.
10-13 (c) [(b)] The commission shall make contracts with travel
10-14 agents that meet certain reasonable requirements prescribed by the
10-15 central travel office, allowing contracts to provide travel
10-16 services by as many private travel agents as possible with
10-17 preference given to resident entities of this state.
10-18 (d) [(c)] To the greatest extent possible, the commission
10-19 shall use electronic means to solicit and receive bids under this
10-20 section.
10-21 SECTION 10. Section 2205.031, Government Code, is amended to
10-22 read as follows:
10-23 Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT.
10-24 (a) This chapter applies to all aircraft owned or leased by the
10-25 state, except as provided by Section 2205.033.
10-26 (b) Each state agency shall use state-owned aircraft to the
11-1 extent feasible.
11-2 SECTION 11. Section 2205.035, Government Code, is amended by
11-3 adding Subsections (e) and (f) to read as follows:
11-4 (e) A state agency may not use money appropriated by the
11-5 legislature to rent or lease aircraft except from the board or as
11-6 provided by Subsection (f). For purposes of this subsection and
11-7 Subsection (f), payments of mileage reimbursements provided for by
11-8 the General Appropriations Act are not rentals or leases of
11-9 aircraft.
11-10 (f) If the board determines that no state-owned aircraft is
11-11 available to meet a transportation need that has arisen or that a
11-12 rental or lease of aircraft would reduce the state's transportation
11-13 costs, the board shall authorize a state agency to expend funds for
11-14 the rental or lease of aircraft, which may include a helicopter.
11-15 SECTION 12. Section 2205.036, Government Code, is amended by
11-16 amending Subsection (a) and adding Subsection (c) to read as
11-17 follows:
11-18 (a) The board shall provide aircraft transportation, to the
11-19 extent that its aircraft are available, to:
11-20 (1) state officers and employees who are traveling on
11-21 official business according to the coordinated passenger scheduling
11-22 system and the priority scheduling system developed as part of the
11-23 aircraft operations manual under Section 2205.038;
11-24 (2) state officers' spouses who are accompanying their
11-25 spouses while those officers are traveling on official business;
11-26 (3) persons in the care or custody of state officers
12-1 or employees described by Subdivision (1); and
12-2 (4) [(3)] persons whose transportation furthers
12-3 official state business.
12-4 (c) The board may not provide aircraft transportation to a
12-5 destination unless:
12-6 (1) the destination is not served by a commercial
12-7 carrier;
12-8 (2) the time required to use a commercial carrier
12-9 interferes with passenger obligations; or
12-10 (3) the number of passengers traveling makes the use
12-11 of state aircraft cost-effective.
12-12 SECTION 13. Section 2205.038, Government Code, is amended by
12-13 adding Subsection (d) to read as follows:
12-14 (d) The board shall give an officer normally elected by
12-15 statewide election priority in the scheduling of aircraft. The
12-16 board by rule may require a 12-hour notice by the officer to obtain
12-17 the priority in scheduling.
12-18 SECTION 14. Section 2205.040, Government Code, is amended to
12-19 read as follows:
12-20 Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The board
12-21 shall adopt rates for interagency aircraft services that are
12-22 sufficient to recover, in the aggregate and to the extent possible,
12-23 all direct costs for the services provided, including a state
12-24 agency's pro rata share of major maintenance, overhauls of
12-25 equipment and facilities, and pilots' salaries.
12-26 (b) The Legislative Budget Board, in cooperation with the
13-1 board and the state auditor, shall prescribe a billing procedure
13-2 for passenger travel on state-operated aircraft.
13-3 SECTION 15. Section 2205.041, Government Code, is amended to
13-4 read as follows:
13-5 Sec. 2205.041. AIRCRAFT USE FORM. The Legislative Budget
13-6 Board, in cooperation with the board, shall prescribe:
13-7 (1) an annual aircraft use form for gathering
13-8 information about the use of state-operated aircraft, including the
13-9 extent to which and the methods by which the goal provided by
13-10 Section 2205.031(b) is being met; and
13-11 (2) procedures for each state agency that operates an
13-12 aircraft for sending the form to the board and the Legislative
13-13 Budget Board.
13-14 SECTION 16. Subsection (a), Section 2205.045, Government
13-15 Code, is amended to read as follows:
13-16 (a) The board may purchase insurance to protect the board
13-17 from loss caused by damage, loss, theft, or destruction of aircraft
13-18 owned or leased by the state and shall purchase liability insurance
13-19 to protect the officers and employees of each state agency from
13-20 loss arising from the operation of state-owned aircraft.
13-21 SECTION 17. Section 301.030, Government Code, is repealed.
13-22 SECTION 18. This section provides, for information purposes
13-23 only, a derivation table for provisions of the General
13-24 Appropriations Act that are codified in general law by other
13-25 sections of this Act. The first column identifies the codified
13-26 law; all references are to the Government Code unless otherwise
14-1 expressly noted. The second column identifies for each codified
14-2 law the applicable source provision of Article IX of the General
14-3 Appropriations Act for the fiscal biennium ending August 31, 1999
14-4 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
14-5 1997).
14-6 Codified Law Source Provision
14-7 Sec. 660.003(e)(4) Sec. 14.4, 1st par., last phrase
14-8 Sec. 660.003(g) Sec. 21.1.j, introductory lang.
14-9 Sec. 660.030 Sec. 14.16
14-10 Sec. 660.041(c) Sec. 15.1.e
14-11 Sec. 660.071 conforming with Sec. 15.2.a
14-12 Sec. 660.074 Sec. 15.2.a, 2nd par.
14-13 Sec. 660.075 Sec. 15.2.a, 3rd par.
14-14 Sec. 660.094 Sec. 15.3.a(2)
14-15 Sec. 660.141 Sec. 14.5
14-16 Sec. 660.147 Secs. 14.13, 14.15
14-17 Sec. 660.201 Sec. 18.1; Sec. 301.030, Gov't
14-18 Code
14-19 Sec. 660.202 Secs. 18.4.a(1)-(3), 18.4.b
14-20 Sec. 660.203 Sec. 660.141, Gov't Code
14-21 (moved)
14-22 Sec. 660.204 Sec. 18.5
14-23 Sec. 660.205 Sec. 18.3
14-24 Sec. 660.206 Sec. 18.6.a-b
14-25 Sec. 660.207 Sec. 18.7
14-26 Sec. 660.208 Sec. 18.8
15-1 Secs. 2171.052(a), (b) Sec. 14.14
15-2 Sec. 2205.031(b) Sec. 21.1.d, 1st sent.
15-3 Secs. 2205.035(e), (f) Sec. 21.2
15-4 Secs. 2205.036(a), (c) Sec. 21.1.j
15-5 Sec. 2205.038(d) Sec. 21.1.d, last sent.
15-6 Sec. 2205.040(a) Sec. 21.1.i
15-7 Sec. 2205.041(1) Sec. 21.1.d, 2nd sent.
15-8 Sec. 2205.045(a) Sec. 21.1.e, 1st sent.
15-9 SECTION 19. This Act takes effect September 1, 1999, and
15-10 applies only to a travel expense incurred on or after that date.
15-11 SECTION 20. The importance of this legislation and the
15-12 crowded condition of the calendars in both houses create an
15-13 emergency and an imperative public necessity that the
15-14 constitutional rule requiring bills to be read on three several
15-15 days in each house be suspended, and this rule is hereby suspended.