76R13753 GCH-D
By Ratliff S.B. No. 175
Substitute the following for S.B. No. 175:
By Junell C.S.S.B. No. 175
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codification of certain travel provisions in the
1-3 General Appropriations Act that are applicable to state officers
1-4 and employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 660.003, Government Code, is amended by
1-7 amending Subsection (e) and adding Subsection (g) to read as
1-8 follows:
1-9 (e) A state agency may pay or reimburse a travel expense
1-10 only if:
1-11 (1) the expense is reasonable and necessary;
1-12 (2) the purpose of the travel clearly involves
1-13 official state business and is consistent with the agency's legal
1-14 authority; [and]
1-15 (3) the expense and the travel during which the
1-16 expense is incurred comply with:
1-17 (A) this chapter;
1-18 (B) the rules adopted by the comptroller under
1-19 this chapter; and
1-20 (C) the travel provisions of the General
1-21 Appropriations Act; and
1-22 (4) for travel outside the state, the travel is
1-23 approved in advance in accordance with the policy of the state
1-24 agency that proposes to pay or reimburse the expense.
2-1 (g) A state agency may pay or reimburse a travel expense for
2-2 the rental, lease, or operation of aircraft only if the
2-3 transportation under the rental, lease, or operation meets the
2-4 criteria provided by Section 2205.036.
2-5 SECTION 2. Subchapter A, Chapter 660, Government Code, is
2-6 amended by adding Section 660.005 to read as follows:
2-7 Sec. 660.005. MAXIMUM TRAVEL EXPENSES. The maximum amount a
2-8 state agency spends for travel expenses during a fiscal year may
2-9 not exceed any limitation on total agency travel expenses provided
2-10 by the General Appropriations Act.
2-11 SECTION 3. Subchapter B, Chapter 660, Government Code, is
2-12 amended by adding Section 660.030 to read as follows:
2-13 Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE
2-14 REIMBURSEMENT FORMS. (a) In this section, "travel expense"
2-15 includes tuition and fees for training, seminars, and conferences.
2-16 (b) The comptroller and the state auditor periodically shall
2-17 examine the vouchers and other expense reimbursement forms
2-18 submitted by a state agency for payment of a travel expense payable
2-19 under this chapter to determine compliance with Section 660.003(e)
2-20 and:
2-21 (1) whether the travel expenses were incurred in the
2-22 conduct of official state business;
2-23 (2) whether the state-business-related activities
2-24 conducted during the travel were necessary to perform the state
2-25 business;
2-26 (3) whether the travel was necessary to perform the
2-27 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,
3-27 a key official, [or] a member of a board, or a member of the
4-1 legislature is entitled to be reimbursed as provided by this
4-2 subchapter for use of an aircraft owned or leased by the employee,
4-3 official, or member.
4-4 Sec. 660.074. GROUP TRAVEL. (a) This section applies only
4-5 if a key official, [or] member of a board, or member of the
4-6 legislature travels with another official or member in an aircraft
4-7 owned or leased by the other official or member.
4-8 (b) In addition to the amount entitled to be reimbursed
4-9 under Section 660.071, the key official, [or] member of a board, or
4-10 member of the legislature who owns or leases the aircraft is
4-11 entitled to an amount equal to the amount that would have been paid
4-12 or reimbursed to each passenger had the passenger incurred the
4-13 average economy or coach airfare instead of traveling on the
4-14 aircraft. The total reimbursement to the official or member may
4-15 not exceed the total cost of the trip.
4-16 (c) The lessee of the aircraft may require the reimbursement
4-17 to be paid to the vendor providing the leased aircraft instead of
4-18 the lessee.
4-19 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
4-20 official, [or a] member of a board, or member of the legislature
4-21 is entitled to reimbursement under this subchapter for use of an
4-22 aircraft leased from a proprietorship, partnership, or corporation
4-23 in which the official or member has an interest.
4-24 SECTION 6. Subchapter E, Chapter 660, Government Code, is
4-25 amended by adding Section 660.094 to read as follows:
4-26 Sec. 660.094. LIMOUSINE TRANSPORTATION. A state agency may
4-27 pay for or reimburse a state employee for travel by limousine only
5-1 if it is the least costly transportation available considering all
5-2 relevant circumstances.
5-3 SECTION 7. Section 660.141, Government Code, is amended to
5-4 read as follows:
5-5 Sec. 660.141. REIMBURSEMENT IN CERTAIN CIRCUMSTANCES
5-6 INVOLVING LOWER AIRFARES. The comptroller by rule shall allow
5-7 extra travel time to be claimed for computation of reimbursable
5-8 travel expenses if a state employee obtains an airfare that is
5-9 lower than the fare that would have been paid for travel for the
5-10 same purpose but for a shorter period pursuant to this chapter, the
5-11 result is a cost saving to the state, and the employee's additional
5-12 absence is determined by the employing agency not to be
5-13 detrimental. [TRAVEL BY CERTAIN INDIVIDUALS. (a) An individual
5-14 is entitled to reimbursement for the actual expense of meals and
5-15 lodging incurred while performing the duties of the individual's
5-16 office or employment if the individual is:]
5-17 [(1) a judicial officer;]
5-18 [(2) a chief administrative officer of a state agency,
5-19 subject to Subsection (c);]
5-20 [(3) the executive director of the Texas Legislative
5-21 Council; or]
5-22 [(4) the secretary of the senate.]
5-23 [(b) The governor's spouse is entitled to reimbursement for
5-24 actual travel expenses incurred while performing duties at the
5-25 direction of the governor.]
5-26 [(c) A member of a board whose membership is not elected by
5-27 vote of the people is not a chief administrative officer for the
6-1 purposes of this section.]
6-2 SECTION 8. Subchapter G, Chapter 660, Government Code, is
6-3 amended by adding Section 660.147 to read as follows:
6-4 Sec. 660.147. TRAINING SEMINARS. (a) To reduce travel
6-5 expenditures, each state agency shall use interactive television,
6-6 video conference technology, and telephone conferences to the
6-7 greatest extent possible.
6-8 (b) A state agency may not pay or reimburse a state employee
6-9 for a travel expense associated with a training seminar conducted
6-10 by the agency for its employees unless the chief administrator of
6-11 the agency or the administrator's designee certifies on the voucher
6-12 or other expense reimbursement form that the agency:
6-13 (1) does not possess interactive television or video
6-14 conference facilities at the designated headquarters of the
6-15 employees attending the seminar;
6-16 (2) cannot purchase or lease such facilities at a cost
6-17 less than the total travel expenses associated with the seminar;
6-18 and
6-19 (3) does not have access to another agency's
6-20 facilities at the same location.
6-21 SECTION 9. Chapter 660, Government Code, is amended by
6-22 adding Subchapter H to read as follows:
6-23 SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS
6-24 Sec. 660.201. APPLICABILITY. This subchapter applies to the
6-25 extent it is inconsistent with or supplementary to a provision in
6-26 another part of this chapter. Sections 660.003(e)(4) and (g) do
6-27 not apply to travel by members and employees of the legislature.
7-1 Sec. 660.202. MEMBERS OF THE LEGISLATURE. (a) A member of
7-2 the legislature is entitled to be reimbursed for meal, lodging, and
7-3 incidental expenses incurred while traveling on legislative
7-4 business or on the business of a board, council, committee, or
7-5 commission on which the member sits. The rate of reimbursement is
7-6 determined by resolution of each house as either:
7-7 (1) the maximum out-of-state meals and lodging rate
7-8 under rules issued by the comptroller based on federal travel
7-9 regulations for the location at which the expenses are incurred; or
7-10 (2) the actual amount of the expenses incurred.
7-11 (b) If expenses for meals, lodging, or incidentals are
7-12 incurred in a location for which the federal travel regulations
7-13 have not established a maximum per diem rate, the rate for purposes
7-14 of Subsection (a)(1) is the lowest maximum per diem rate for the
7-15 state or country in which the expenses are incurred.
7-16 (c) A member of the legislature is entitled to be reimbursed
7-17 for the member's use of personally owned or leased motor vehicles
7-18 and the use of rented or public conveyances at the same rate as is
7-19 provided in the General Appropriations Act for state employees.
7-20 (d) Rates of reimbursement for a member of the legislature's
7-21 use of personally owned or leased motor vehicles, rented or public
7-22 conveyances, or personally owned or leased aircraft apply whether a
7-23 trip includes travel to or from the city of Austin.
7-24 (e) During a legislative session, a member of the
7-25 legislature is entitled to be reimbursed for transportation
7-26 expenses, including mileage, at the same rate that is provided by
7-27 the General Appropriations Act for state employees.
8-1 Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES.
8-2 (a) An individual is entitled to reimbursement for the actual
8-3 expense of meals and lodging incurred while performing the duties
8-4 of the individual's office or employment if the individual is:
8-5 (1) a judicial officer;
8-6 (2) a chief administrative officer of a state agency,
8-7 subject to Subsection (c);
8-8 (3) the executive director of the Texas Legislative
8-9 Council; or
8-10 (4) the secretary of the senate.
8-11 (b) The governor's spouse is entitled to reimbursement for
8-12 actual travel expenses incurred while performing duties at the
8-13 direction of the governor.
8-14 (c) A member of a board whose membership is not elected by
8-15 vote of the people is not a chief administrative officer for the
8-16 purposes of this section.
8-17 Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. A state
8-18 employee employed by the legislature or an agency in the
8-19 legislative branch of state government may be reimbursed for the
8-20 actual expense of meals and lodging as determined by the employing
8-21 house of the legislature or agency.
8-22 Sec. 660.205. REPRESENTATION OF STATE. (a) A state
8-23 employee who is designated by the governor to represent the state
8-24 at a governmental meeting or conference held outside the state is
8-25 entitled to reimbursement for the actual expense of meals, lodging,
8-26 and incidentals during the trip.
8-27 (b) A travel expense described by Subsection (a) is
9-1 reimbursable from appropriations to the state agency by which the
9-2 designee is employed.
9-3 Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND
9-4 EMPLOYEES. (a) A state employee who is designated by a member of
9-5 the legislature, a judicial officer, a chief administrator of a
9-6 state agency, the executive director of the Texas Legislative
9-7 Council, the secretary of the senate, or a board member to
9-8 represent the designating party at a particular meeting or
9-9 conference is entitled to reimbursement for the actual expense of
9-10 meals and lodging on the trip.
9-11 (b) A member of the legislature, a judicial officer, a chief
9-12 administrator of a state agency, the executive director of the
9-13 Texas Legislative Council, the secretary of the senate, and a board
9-14 member may authorize a state employee traveling with the
9-15 authorizing party to a particular meeting or conference to receive
9-16 reimbursement for the actual expense of the employee's meals and
9-17 lodging on the trip.
9-18 Sec. 660.207. AIRCRAFT PILOTS. An aircraft pilot who
9-19 conveys state officers or employees on official business is
9-20 entitled to reimbursement for the actual expense of meals and
9-21 lodging on the trip in accordance with Section 660.206(b). The
9-22 pilot is not subject to Section 660.113(b).
9-23 Sec. 660.208. ADVANCE APPROVAL REQUIRED. Reimbursement of
9-24 actual expenses under Section 660.205 or 660.206 may not be made
9-25 unless the chief administrator of the appropriate state agency
9-26 gives advance written approval of the reimbursement and estimates
9-27 the approximate cost of the travel.
10-1 SECTION 10. 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 11. 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
10-27 extent feasible.
11-1 SECTION 12. Section 2205.035, Government Code, is amended by
11-2 adding Subsections (e) and (f) to read as follows:
11-3 (e) A state agency may not use money appropriated by the
11-4 legislature to rent or lease aircraft except from the board or as
11-5 provided by Subsection (f). For purposes of this subsection and
11-6 Subsection (f), payments of mileage reimbursements provided for by
11-7 the General Appropriations Act are not rentals or leases of
11-8 aircraft.
11-9 (f) If the board determines that no state-owned aircraft is
11-10 available to meet a transportation need that has arisen or that a
11-11 rental or lease of aircraft would reduce the state's transportation
11-12 costs, the board shall authorize a state agency to expend funds for
11-13 the rental or lease of aircraft, which may include a helicopter.
11-14 SECTION 13. Section 2205.036, Government Code, is amended by
11-15 adding Subsection (c) to read as follows:
11-16 (c) The board may not provide aircraft transportation to a
11-17 destination unless:
11-18 (1) the destination is not served by a commercial
11-19 carrier;
11-20 (2) the time required to use a commercial carrier
11-21 interferes with passenger obligations; or
11-22 (3) the number of passengers traveling makes the use
11-23 of state aircraft cost-effective.
11-24 SECTION 14. Section 2205.038, Government Code, is amended by
11-25 adding Subsection (d) to read as follows:
11-26 (d) The board shall give an officer normally elected by
11-27 statewide election priority in the scheduling of aircraft. The
12-1 board by rule may require a 12-hour notice by the officer to obtain
12-2 the priority in scheduling.
12-3 SECTION 15. Section 2205.040, Government Code, is amended to
12-4 read as follows:
12-5 Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The board
12-6 shall adopt rates for interagency aircraft services that are
12-7 sufficient to recover, in the aggregate and to the extent possible,
12-8 all direct costs for the services provided, including a state
12-9 agency's pro rata share of major maintenance, overhauls of
12-10 equipment and facilities, and pilots' salaries.
12-11 (b) The Legislative Budget Board, in cooperation with the
12-12 board and the state auditor, shall prescribe a billing procedure
12-13 for passenger travel on state-operated aircraft.
12-14 SECTION 16. Section 2205.041, Government Code, is amended to
12-15 read as follows:
12-16 Sec. 2205.041. AIRCRAFT USE FORM. The Legislative Budget
12-17 Board, in cooperation with the board, shall prescribe:
12-18 (1) an annual aircraft use form for gathering
12-19 information about the use of state-operated aircraft, including the
12-20 extent to which and the methods by which the goal provided by
12-21 Section 2205.031(b) is being met; and
12-22 (2) procedures for each state agency that operates an
12-23 aircraft for sending the form to the board and the Legislative
12-24 Budget Board.
12-25 SECTION 17. Subsection (a), Section 2205.045, Government
12-26 Code, is amended to read as follows:
12-27 (a) The board may purchase insurance to protect the board
13-1 from loss caused by damage, loss, theft, or destruction of aircraft
13-2 owned or leased by the state and shall purchase liability insurance
13-3 to protect the officers and employees of each state agency from
13-4 loss arising from the operation of state-owned aircraft.
13-5 SECTION 18. Section 301.030, Government Code, is repealed.
13-6 SECTION 19. This section provides, for information purposes
13-7 only, a derivation table for provisions of the General
13-8 Appropriations Act that are codified in general law by other
13-9 sections of this Act. The first column identifies the codified
13-10 law; all references are to the Government Code unless otherwise
13-11 expressly noted. The second column identifies for each codified
13-12 law the applicable source provision of Article IX of the General
13-13 Appropriations Act for the fiscal biennium ending August 31, 1999
13-14 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
13-15 1997).
13-16 Codified Law Source Provision
13-17 Sec. 660.003(e)(4) Sec. 14.4, 1st par., last phrase
13-18 Sec. 660.003(g) Sec. 21.1.j, introductory lang.
13-19 Sec. 660.005 Sec. 64
13-20 Sec. 660.030 Sec. 14.16
13-21 Sec. 660.041(c) Sec. 15.1.e
13-22 Sec. 660.071 conforming with Sec. 15.2.a
13-23 Sec. 660.074 Sec. 15.2.a, 2nd par.
13-24 Sec. 660.075 Sec. 15.2.a, 3rd par.
13-25 Sec. 660.094 Sec. 15.3.a(2)
13-26 Sec. 660.141 Sec. 14.5
13-27 Sec. 660.147 Secs. 14.13, 14.15
14-1 Sec. 660.201 Sec. 18.1; Sec. 301.030, Gov't
14-2 Code
14-3 Sec. 660.202 Secs. 18.4.a(1)-(3), 18.4.b
14-4 Sec. 660.203 Sec. 660.141, Gov't Code
14-5 (moved)
14-6 Sec. 660.204 Sec. 18.5
14-7 Sec. 660.205 Sec. 18.3
14-8 Sec. 660.206 Sec. 18.6.a-b
14-9 Sec. 660.207 Sec. 18.7
14-10 Sec. 660.208 Sec. 18.8
14-11 Secs. 2171.052(a), (b) Sec. 14.14
14-12 Sec. 2205.031(b) Sec. 21.1.d, 1st sent.
14-13 Secs. 2205.035(e), (f) Sec. 21.2
14-14 Secs. 2205.036(a), (c) Sec. 21.1.j
14-15 Sec. 2205.038(d) Sec. 21.1.d, last sent.
14-16 Sec. 2205.040(a) Sec. 21.1.i
14-17 Sec. 2205.041(l) Sec. 21.1.d, 2nd sent.
14-18 Sec. 2205.045(a) Sec. 21.1.e, 1st sent.
14-19 SECTION 20. This Act takes effect September 1, 1999, and
14-20 applies only to a travel expense incurred on or after that date.
14-21 SECTION 21. The importance of this legislation and the
14-22 crowded condition of the calendars in both houses create an
14-23 emergency and an imperative public necessity that the
14-24 constitutional rule requiring bills to be read on three several
14-25 days in each house be suspended, and this rule is hereby suspended.