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 A, Chapter 660, Government Code, is
2-5 amended by adding Section 660.005 to read as follows:
2-6 Sec. 660.005. MAXIMUM TRAVEL EXPENSES. The maximum amount a
2-7 state agency spends for travel expenses during a fiscal year may
2-8 not exceed any limitation on total agency travel expenses provided
2-9 by the General Appropriations Act.
2-10 SECTION 3. Subchapter B, Chapter 660, Government Code, is
2-11 amended by adding Section 660.030 to read as follows:
2-12 Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE
2-13 REIMBURSEMENT FORMS. (a) In this section, "travel expense"
2-14 includes tuition and fees for training, seminars, and conferences.
2-15 (b) The comptroller and the state auditor periodically shall
2-16 examine the vouchers and other expense reimbursement forms
2-17 submitted by a state agency for payment of a travel expense payable
2-18 under this chapter to determine compliance with Section 660.003(e)
2-19 and:
2-20 (1) whether the travel expenses were incurred in the
2-21 conduct of official state business;
2-22 (2) whether the state-business-related activities
2-23 conducted during the travel were necessary to perform the state
2-24 business;
2-25 (3) whether the travel was necessary to perform the
2-26 state business conducted; and
3-1 (4) in a case in which vouchers or other expense
3-2 reimbursement forms have been submitted for more than one
3-3 individual for the same or similar travel, whether the number of
3-4 individuals traveling was necessary to perform the state business.
3-5 (c) The comptroller and the state auditor each shall develop
3-6 procedures for examining travel vouchers and other expense
3-7 reimbursement forms. If the comptroller believes that the criteria
3-8 prescribed by Subsection (b) have not been satisfied, the
3-9 comptroller shall provide that information to the state auditor for
3-10 review.
3-11 (d) This section does not apply to a travel expense
3-12 described by Subchapter H. This subsection does not exempt a
3-13 travel expense under Subchapter H from an audit required by Section
3-14 660.028.
3-15 SECTION 4. Section 660.041, Government Code, is amended by
3-16 adding Subsection (c) to read as follows:
3-17 (c) A state employee may not be reimbursed for mileage
3-18 incurred in traveling between the employee's residence and place of
3-19 employment in a personally owned or leased motor vehicle unless the
3-20 travel:
3-21 (1) is necessitated by extraordinary circumstances;
3-22 and
3-23 (2) occurs outside the hours the employee is working.
3-24 SECTION 5. Sections 660.071, 660.074, and 660.075,
3-25 Government Code, are amended to read as follows:
3-26 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
4-1 a key official, [or] a member of a board, or a member of the
4-2 legislature is entitled to be reimbursed as provided by this
4-3 subchapter for use of an aircraft owned or leased by the employee,
4-4 official, or member.
4-5 Sec. 660.074. GROUP TRAVEL. (a) This section applies only
4-6 if a key official, [or] member of a board, or member of the
4-7 legislature travels with another official or member in an aircraft
4-8 owned or leased by the other official or member.
4-9 (b) In addition to the amount entitled to be reimbursed
4-10 under Section 660.071, the key official, [or] member of a board, or
4-11 member of the legislature who owns or leases the aircraft is
4-12 entitled to an amount equal to the amount that would have been paid
4-13 or reimbursed to each passenger had the passenger incurred the
4-14 contract airfare, if the passenger's agency is subject to rules
4-15 adopted under Section 2171.055, or the average [economy or] coach
4-16 airfare, if the passenger's agency is not subject to those rules,
4-17 instead of traveling on the aircraft. The total reimbursement to
4-18 the official or member may not exceed the total cost of the trip.
4-19 (c) The lessee of the aircraft may require the reimbursement
4-20 to be paid to the vendor providing the leased aircraft instead of
4-21 the lessee.
4-22 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
4-23 official, [or a] member of a board, or member of the legislature
4-24 is entitled to reimbursement under this subchapter for use of an
4-25 aircraft leased from a proprietorship, partnership, or corporation
4-26 in which the official or member has an interest.
5-1 SECTION 6. Subchapter E, Chapter 660, Government Code, is
5-2 amended by adding Section 660.094 to read as follows:
5-3 Sec. 660.094. LIMOUSINE TRANSPORTATION. A state agency may
5-4 pay for or reimburse a state employee for travel by limousine only
5-5 if it is the least costly transportation available considering all
5-6 relevant circumstances.
5-7 SECTION 7. Section 660.141, Government Code, is amended to
5-8 read as follows:
5-9 Sec. 660.141. REIMBURSEMENT IN CERTAIN CIRCUMSTANCES
5-10 INVOLVING LOWER AIRFARES. The comptroller by rule shall allow
5-11 extra travel time to be claimed for computation of reimbursable
5-12 travel expenses if a state employee obtains an airfare that is
5-13 lower than the fare that would have been paid for travel for the
5-14 same purpose but for a shorter period pursuant to this chapter, the
5-15 result is a cost saving to the state, and the employee's additional
5-16 absence is determined by the employing agency not to be
5-17 detrimental. [TRAVEL BY CERTAIN INDIVIDUALS. (a) An individual
5-18 is entitled to reimbursement for the actual expense of meals and
5-19 lodging incurred while performing the duties of the individual's
5-20 office or employment if the individual is:]
5-21 [(1) a judicial officer;]
5-22 [(2) a chief administrative officer of a state agency,
5-23 subject to Subsection (c);]
5-24 [(3) the executive director of the Texas Legislative
5-25 Council; or]
5-26 [(4) the secretary of the senate.]
6-1 [(b) The governor's spouse is entitled to reimbursement for
6-2 actual travel expenses incurred while performing duties at the
6-3 direction of the governor.]
6-4 [(c) A member of a board whose membership is not elected by
6-5 vote of the people is not a chief administrative officer for the
6-6 purposes of this section.]
6-7 SECTION 8. Subchapter G, Chapter 660, Government Code, is
6-8 amended by adding Section 660.147 to read as follows:
6-9 Sec. 660.147. TRAINING SEMINARS. (a) To reduce travel
6-10 expenditures, each state agency shall use interactive television,
6-11 video conference technology, and telephone conferences to the
6-12 greatest extent possible.
6-13 (b) A state agency may not pay or reimburse a state employee
6-14 for a travel expense associated with a training seminar conducted
6-15 by the agency for its employees unless the chief administrator of
6-16 the agency or the administrator's designee certifies on the voucher
6-17 or other expense reimbursement form that the agency:
6-18 (1) does not possess interactive television or video
6-19 conference facilities at the designated headquarters of the
6-20 employees attending the seminar;
6-21 (2) cannot purchase or lease such facilities at a cost
6-22 less than the total travel expenses associated with the seminar;
6-23 and
6-24 (3) does not have access to another agency's
6-25 facilities at the same location.
6-26 SECTION 9. Chapter 660, Government Code, is amended by
7-1 adding Subchapter H to read as follows:
7-2 SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS
7-3 Sec. 660.201. APPLICABILITY. This subchapter applies to the
7-4 extent it is inconsistent with or supplementary to a provision in
7-5 another part of this chapter. Sections 660.003(e)(4) and (g) do
7-6 not apply to travel by members and employees of the legislature.
7-7 Sec. 660.202. MEMBERS OF THE LEGISLATURE. (a) A member of
7-8 the legislature is entitled to be reimbursed for meal, lodging, and
7-9 incidental expenses incurred while traveling on legislative
7-10 business or on the business of a board, council, committee, or
7-11 commission on which the member sits. The rate of reimbursement is
7-12 determined by resolution of each house as either:
7-13 (1) the maximum out-of-state meals and lodging rate
7-14 under rules issued by the comptroller based on federal travel
7-15 regulations for the location at which the expenses are incurred; or
7-16 (2) the actual amount of the expenses incurred.
7-17 (b) If expenses for meals, lodging, or incidentals are
7-18 incurred in a location for which the federal travel regulations
7-19 have not established a maximum per diem rate, the rate for purposes
7-20 of Subsection (a)(1) is the lowest maximum per diem rate for the
7-21 state or country in which the expenses are incurred.
7-22 (c) A member of the legislature is entitled to be reimbursed
7-23 for the member's use of personally owned or leased motor vehicles
7-24 and the use of rented or public conveyances at the same rate as is
7-25 provided in the General Appropriations Act for state employees.
7-26 (d) Rates of reimbursement for a member of the legislature's
8-1 use of personally owned or leased motor vehicles, rented or public
8-2 conveyances, or personally owned or leased aircraft apply whether a
8-3 trip includes travel to or from the city of Austin.
8-4 (e) During a legislative session, a member of the
8-5 legislature is entitled to be reimbursed for transportation
8-6 expenses, including mileage, at the same rate that is provided by
8-7 the General Appropriations Act for state employees.
8-8 Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES.
8-9 (a) An individual is entitled to reimbursement for the actual
8-10 expense of meals and lodging incurred while performing the duties
8-11 of the individual's office or employment if the individual is:
8-12 (1) a judicial officer;
8-13 (2) a chief administrative officer of a state agency,
8-14 subject to Subsection (c);
8-15 (3) the executive director of the Texas Legislative
8-16 Council; or
8-17 (4) the secretary of the senate.
8-18 (b) The governor's spouse is entitled to reimbursement for
8-19 actual travel expenses incurred while performing duties at the
8-20 direction of the governor.
8-21 (c) A member of a board whose membership is not elected by
8-22 vote of the people is not a chief administrative officer for the
8-23 purposes of this section.
8-24 Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. A state
8-25 employee employed by the legislature or an agency in the
8-26 legislative branch of state government may be reimbursed for the
9-1 actual expense of meals and lodging as determined by the employing
9-2 house of the legislature or agency.
9-3 Sec. 660.205. REPRESENTATION OF STATE. (a) A state
9-4 employee who is designated by the governor to represent the state
9-5 at a governmental meeting or conference held outside the state is
9-6 entitled to reimbursement for the actual expense of meals, lodging,
9-7 and incidentals during the trip.
9-8 (b) A travel expense described by Subsection (a) is
9-9 reimbursable from appropriations to the state agency by which the
9-10 designee is employed.
9-11 Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND
9-12 EMPLOYEES. (a) A state employee who is designated by a member of
9-13 the legislature, a judicial officer, a chief administrator of a
9-14 state agency, the executive director of the Texas Legislative
9-15 Council, the secretary of the senate, or a board member to
9-16 represent the designating party at a particular meeting or
9-17 conference is entitled to reimbursement for the actual expense of
9-18 meals and lodging on the trip.
9-19 (b) A member of the legislature, a judicial officer, a chief
9-20 administrator of a state agency, the executive director of the
9-21 Texas Legislative Council, the secretary of the senate, and a board
9-22 member may authorize a state employee traveling with the
9-23 authorizing party to a particular meeting or conference to receive
9-24 reimbursement for the actual expense of the employee's meals and
9-25 lodging on the trip.
9-26 Sec. 660.207. AIRCRAFT PILOTS. An aircraft pilot who
10-1 conveys state officers or employees on official business is
10-2 entitled to reimbursement for the actual expense of meals and
10-3 lodging on the trip in accordance with Section 660.206(b). The
10-4 pilot is not subject to Section 660.113(b).
10-5 Sec. 660.208. ADVANCE APPROVAL REQUIRED. Reimbursement of
10-6 actual expenses under Section 660.205 or 660.206 may not be made
10-7 unless the chief administrator of the appropriate state agency
10-8 gives advance written approval of the reimbursement and estimates
10-9 the approximate cost of the travel.
10-10 SECTION 10. Section 2171.052, Government Code, is amended to
10-11 read as follows:
10-12 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
10-13 (a) In this section, "commercial lodging establishment" has the
10-14 meaning assigned by Section 660.002.
10-15 (b) The central travel office shall negotiate contracts with
10-16 private travel agents, with travel and transportation providers,
10-17 and with credit card companies that provide travel services and
10-18 other benefits to the state. The central travel office shall
10-19 negotiate with commercial lodging establishments to obtain the most
10-20 cost-effective rates possible for state employees traveling on
10-21 state business.
10-22 (c) [(b)] The commission shall make contracts with travel
10-23 agents that meet certain reasonable requirements prescribed by the
10-24 central travel office, allowing contracts to provide travel
10-25 services by as many private travel agents as possible with
10-26 preference given to resident entities of this state.
11-1 (d) [(c)] To the greatest extent possible, the commission
11-2 shall use electronic means to solicit and receive bids under this
11-3 section.
11-4 SECTION 11. Section 2205.031, Government Code, is amended to
11-5 read as follows:
11-6 Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT.
11-7 (a) This chapter applies to all aircraft owned or leased by the
11-8 state, except as provided by Section 2205.033.
11-9 (b) Each state agency shall use state-owned aircraft to the
11-10 extent feasible.
11-11 SECTION 12. Section 2205.035, Government Code, is amended by
11-12 adding Subsections (e) and (f) to read as follows:
11-13 (e) A state agency may not use money appropriated by the
11-14 legislature to rent or lease aircraft except from the board or as
11-15 provided by Subsection (f). For purposes of this subsection and
11-16 Subsection (f), payments of mileage reimbursements provided for by
11-17 the General Appropriations Act are not rentals or leases of
11-18 aircraft.
11-19 (f) If the board determines that no state-owned aircraft is
11-20 available to meet a transportation need that has arisen or that a
11-21 rental or lease of aircraft would reduce the state's transportation
11-22 costs, the board shall authorize a state agency to expend funds for
11-23 the rental or lease of aircraft, which may include a helicopter.
11-24 SECTION 13. Section 2205.036, Government Code, is amended by
11-25 adding Subsection (c) to read as follows:
11-26 (c) The board may not provide aircraft transportation to a
12-1 destination unless:
12-2 (1) the destination is not served by a commercial
12-3 carrier;
12-4 (2) the time required to use a commercial carrier
12-5 interferes with passenger obligations; or
12-6 (3) the number of passengers traveling makes the use
12-7 of state aircraft cost-effective.
12-8 SECTION 14. Section 2205.038, Government Code, is amended by
12-9 adding Subsection (d) to read as follows:
12-10 (d) The board shall give an officer normally elected by
12-11 statewide election priority in the scheduling of aircraft. The
12-12 board by rule may require a 12-hour notice by the officer to obtain
12-13 the priority in scheduling.
12-14 SECTION 15. Section 2205.040, Government Code, is amended to
12-15 read as follows:
12-16 Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The board
12-17 shall adopt rates for interagency aircraft services that are
12-18 sufficient to recover, in the aggregate and to the extent possible,
12-19 all direct costs for the services provided, including a state
12-20 agency's pro rata share of major maintenance, overhauls of
12-21 equipment and facilities, and pilots' salaries.
12-22 (b) The Legislative Budget Board, in cooperation with the
12-23 board and the state auditor, shall prescribe a billing procedure
12-24 for passenger travel on state-operated aircraft.
12-25 SECTION 16. Section 2205.041, Government Code, is amended to
12-26 read as follows:
13-1 Sec. 2205.041. AIRCRAFT USE FORM. The Legislative Budget
13-2 Board, in cooperation with the board, shall prescribe:
13-3 (1) an annual aircraft use form for gathering
13-4 information about the use of state-operated aircraft, including the
13-5 extent to which and the methods by which the goal provided by
13-6 Section 2205.031(b) is being met; and
13-7 (2) procedures for each state agency that operates an
13-8 aircraft for sending the form to the board and the Legislative
13-9 Budget Board.
13-10 SECTION 17. Subsection (a), Section 2205.045, Government
13-11 Code, is amended to read as follows:
13-12 (a) The board may purchase insurance to protect the board
13-13 from loss caused by damage, loss, theft, or destruction of aircraft
13-14 owned or leased by the state and shall purchase liability insurance
13-15 to protect the officers and employees of each state agency from
13-16 loss arising from the operation of state-owned aircraft.
13-17 SECTION 18. Subsection (d), Section 391.011, Local
13-18 Government Code, is amended to read as follows:
13-19 (d) A commission may not expend funds for an automobile
13-20 allowance for a member of the governing body of the commission if
13-21 the member holds another state, county, or municipal office.
13-22 [Funds may be expended for reimbursement of actual travel expenses,
13-23 including mileage for automobile travel, incurred while the member
13-24 is engaged in the official business of the commission.]
13-25 SECTION 19. Chapter 391, Local Government Code, is amended
13-26 by adding Section 391.0115 to read as follows:
14-1 Sec. 391.0115. RESTRICTIONS ON COMMISSION TRAVEL COSTS. In
14-2 reimbursing commission personnel for travel expenses, a commission
14-3 may not expend funds for travel in excess of the amount of money
14-4 that may be expended for state personnel under the General
14-5 Appropriations Act or travel regulations adopted by the
14-6 comptroller, including any restrictions on mileage reimbursement,
14-7 per diem, and lodging reimbursement rates.
14-8 SECTION 20. Section 301.030, Government Code, is repealed.
14-9 SECTION 21. This section provides, for information purposes
14-10 only, a derivation table for provisions of the General
14-11 Appropriations Act that are codified in general law by other
14-12 sections of this Act. The first column identifies the codified
14-13 law; all references are to the Government Code unless otherwise
14-14 expressly noted. The second column identifies for each codified
14-15 law the applicable source provision of Article IX of the General
14-16 Appropriations Act for the fiscal biennium ending August 31, 1999
14-17 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
14-18 1997).
14-19 Codified Law Source Provision
14-20 Sec. 660.003(e)(4) Sec. 14.4, 1st par., last phrase
14-21 Sec. 660.003(g) Sec. 21.1.j, introductory lang.
14-22 Sec. 660.005 Sec. 64
14-23 Sec. 660.030 Sec. 14.16
14-24 Sec. 660.041(c) Sec. 15.1.e
14-25 Sec. 660.071 conforming with Sec. 15.2.a
14-26 Sec. 660.074 Sec. 15.2.a, 2nd par.
15-1 Sec. 660.075 Sec. 15.2.a, 3rd par.
15-2 Sec. 660.094 Sec. 15.3.a(2)
15-3 Sec. 660.141 Sec. 14.5
15-4 Sec. 660.147 Secs. 14.13, 14.15
15-5 Sec. 660.201 Sec. 18.1; Sec. 301.030, Gov't
15-6 Code
15-7 Sec. 660.202 Secs. 18.4.a(1)-(3), 18.4.b
15-8 Sec. 660.203 Sec. 660.141, Gov't Code
15-9 (moved)
15-10 Sec. 660.204 Sec. 18.5
15-11 Sec. 660.205 Sec. 18.3
15-12 Sec. 660.206 Sec. 18.6.a-b
15-13 Sec. 660.207 Sec. 18.7
15-14 Sec. 660.208 Sec. 18.8
15-15 Secs. 2171.052(a), (b) Sec. 14.14
15-16 Sec. 2205.031(b) Sec. 21.1.d, 1st sent.
15-17 Secs. 2205.035(e), (f) Sec. 21.2
15-18 Secs. 2205.036(a), (c) Sec. 21.1.j
15-19 Sec. 2205.038(d) Sec. 21.1.d, last sent.
15-20 Sec. 2205.040(a) Sec. 21.1.i
15-21 Sec. 2205.041(l) Sec. 21.1.d, 2nd sent.
15-22 Sec. 2205.045(a) Sec. 21.1.e, 1st sent.
15-23 SECTION 22. This Act takes effect September 1, 1999, and
15-24 applies only to a travel expense incurred on or after that date.
15-25 SECTION 23. The importance of this legislation and the
15-26 crowded condition of the calendars in both houses create an
16-1 emergency and an imperative public necessity that the
16-2 constitutional rule requiring bills to be read on three several
16-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 175 passed the Senate on
March 11, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 11, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 175 passed the House, with
amendments, on May 6, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor