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