By Ratliff S.B. No. 175
76R3494 GCH-D
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 B, Chapter 660, Government Code, is
2-6 amended by adding Section 660.030 to read as follows:
2-7 Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE
2-8 REIMBURSEMENT FORMS. (a) In this section, "travel expense"
2-9 includes tuition and fees for training, seminars, and conferences.
2-10 (b) The comptroller and the state auditor periodically shall
2-11 examine the vouchers and other expense reimbursement forms
2-12 submitted by a state agency for payment of a travel expense payable
2-13 under this chapter to determine compliance with Section 660.003(e)
2-14 and:
2-15 (1) whether the travel expenses were incurred in the
2-16 conduct of official state business;
2-17 (2) whether the state-business-related activities
2-18 conducted during the travel were necessary to perform the state
2-19 business;
2-20 (3) whether the travel was necessary to perform the
2-21 state business conducted; and
2-22 (4) in a case in which vouchers or other expense
2-23 reimbursement forms have been submitted for more than one
2-24 individual for the same or similar travel, whether the number of
2-25 individuals traveling was necessary to perform the state business.
2-26 (c) The comptroller and the state auditor each shall develop
2-27 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
3-27 legislature travels with another official or member in an aircraft
4-1 owned or leased by the other official or member.
4-2 (b) In addition to the amount entitled to be reimbursed
4-3 under Section 660.071, the key official, [or] member of a board, or
4-4 member of the legislature who owns or leases the aircraft is
4-5 entitled to an amount equal to the amount that would have been paid
4-6 or reimbursed to each passenger had the passenger incurred the
4-7 average economy or coach airfare instead of traveling on the
4-8 aircraft. The total reimbursement to the official or member may
4-9 not exceed the total cost of the trip.
4-10 (c) The lessee of the aircraft may require the reimbursement
4-11 to be paid to the vendor providing the leased aircraft instead of
4-12 the lessee.
4-13 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
4-14 official, [or a] member of a board, or member of the legislature
4-15 is entitled to reimbursement under this subchapter for use of an
4-16 aircraft leased from a proprietorship, partnership, or corporation
4-17 in which the official or member has an interest.
4-18 SECTION 5. Subchapter E, Chapter 660, Government Code, is
4-19 amended by adding Section 660.094 to read as follows:
4-20 Sec. 660.094. LIMOUSINE TRANSPORTATION. A state agency may
4-21 pay for or reimburse a state employee for travel by limousine only
4-22 if it is the least costly transportation available considering all
4-23 relevant circumstances.
4-24 SECTION 6. Section 660.141, Government Code, is amended to
4-25 read as follows:
4-26 Sec. 660.141. REIMBURSEMENT IN CERTAIN CIRCUMSTANCES
4-27 INVOLVING LOWER AIRFARES. The comptroller by rule shall allow
5-1 extra travel time to be claimed for computation of reimbursable
5-2 travel expenses if a state employee obtains an airfare that is
5-3 lower than the fare that would have been paid for travel for the
5-4 same purpose but for a shorter period pursuant to this chapter, the
5-5 result is a cost saving to the state, and the employee's additional
5-6 absence is determined by the employing agency not to be
5-7 detrimental. [TRAVEL BY CERTAIN INDIVIDUALS. (a) An individual
5-8 is entitled to reimbursement for the actual expense of meals and
5-9 lodging incurred while performing the duties of the individual's
5-10 office or employment if the individual is:]
5-11 [(1) a judicial officer;]
5-12 [(2) a chief administrative officer of a state agency,
5-13 subject to Subsection (c);]
5-14 [(3) the executive director of the Texas Legislative
5-15 Council; or]
5-16 [(4) the secretary of the senate.]
5-17 [(b) The governor's spouse is entitled to reimbursement for
5-18 actual travel expenses incurred while performing duties at the
5-19 direction of the governor.]
5-20 [(c) A member of a board whose membership is not elected by
5-21 vote of the people is not a chief administrative officer for the
5-22 purposes of this section.]
5-23 SECTION 7. Subchapter G, Chapter 660, Government Code, is
5-24 amended by adding Section 660.147 to read as follows:
5-25 Sec. 660.147. TRAINING SEMINARS. (a) To reduce travel
5-26 expenditures, each state agency shall use interactive television,
5-27 video conference technology, and telephone conferences to the
6-1 greatest extent possible.
6-2 (b) A state agency may not pay or reimburse a state employee
6-3 for a travel expense associated with a training seminar conducted
6-4 by the agency for its employees unless the chief administrator of
6-5 the agency or the administrator's designee certifies on the voucher
6-6 or other expense reimbursement form that the agency:
6-7 (1) does not possess interactive television or video
6-8 conference facilities at the designated headquarters of the
6-9 employees attending the seminar;
6-10 (2) cannot purchase or lease such facilities at a cost
6-11 less than the total travel expenses associated with the seminar;
6-12 and
6-13 (3) does not have access to another agency's
6-14 facilities at the same location.
6-15 SECTION 8. Chapter 660, Government Code, is amended by
6-16 adding Subchapter H to read as follows:
6-17 SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS
6-18 Sec. 660.201. APPLICABILITY. This subchapter applies to the
6-19 extent it is inconsistent with or supplementary to a provision in
6-20 another part of this chapter. Sections 660.003(e)(4) and (g) do
6-21 not apply to travel by members and employees of the legislature.
6-22 Sec. 660.202. MEMBERS OF THE LEGISLATURE. (a) A member of
6-23 the legislature is entitled to be reimbursed for meal, lodging, and
6-24 incidental expenses incurred while traveling on legislative
6-25 business or on the business of a board, council, committee, or
6-26 commission on which the member sits. The rate of reimbursement is
6-27 determined by resolution of each house as either:
7-1 (1) the maximum per diem rate in the federal travel
7-2 regulations for the location at which the expenses are incurred; or
7-3 (2) the actual amount of the expenses incurred.
7-4 (b) If expenses for meals, lodging, or incidentals are
7-5 incurred in a location for which the federal travel regulations
7-6 have not established a maximum per diem rate, the rate for purposes
7-7 of Subsection (a)(1) is the lowest maximum per diem rate for the
7-8 state or country in which the expenses are incurred.
7-9 (c) A member of the legislature is entitled to be reimbursed
7-10 for the member's use of personally owned or leased motor vehicles
7-11 and the use of rented or public conveyances at the same rate as is
7-12 provided in the General Appropriations Act for state employees.
7-13 (d) Rates of reimbursement for a member of the legislature's
7-14 use of personally owned or leased motor vehicles, rented or public
7-15 conveyances, or personally owned or leased aircraft apply whether a
7-16 trip includes travel to or from the city of Austin.
7-17 (e) During a legislative session, a member of the
7-18 legislature is entitled to be reimbursed for transportation
7-19 expenses, including mileage, at the same rate that is provided by
7-20 the General Appropriations Act for state employees.
7-21 Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES. (a)
7-22 An individual is entitled to reimbursement for the actual expense
7-23 of meals and lodging incurred while performing the duties of the
7-24 individual's office or employment if the individual is:
7-25 (1) a judicial officer;
7-26 (2) a chief administrative officer of a state agency,
7-27 subject to Subsection (c);
8-1 (3) the executive director of the Texas Legislative
8-2 Council; or
8-3 (4) the secretary of the senate.
8-4 (b) The governor's spouse is entitled to reimbursement for
8-5 actual travel expenses incurred while performing duties at the
8-6 direction of the governor.
8-7 (c) A member of a board whose membership is not elected by
8-8 vote of the people is not a chief administrative officer for the
8-9 purposes of this section.
8-10 Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. A state
8-11 employee employed by the legislature or an agency in the
8-12 legislative branch of state government may be reimbursed for the
8-13 actual expense of meals and lodging as determined by the employing
8-14 house of the legislature or agency.
8-15 Sec. 660.205. REPRESENTATION OF STATE. (a) A state
8-16 employee who is designated by the governor to represent the state
8-17 at a governmental meeting or conference held outside the state is
8-18 entitled to reimbursement for the actual expense of meals, lodging,
8-19 and incidentals during the trip.
8-20 (b) A travel expense described by Subsection (a) is
8-21 reimbursable from appropriations to the state agency by which the
8-22 designee is employed.
8-23 Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND
8-24 EMPLOYEES. (a) A state employee who is designated by a member of
8-25 the legislature, a judicial officer, a chief administrator of a
8-26 state agency, the executive director of the Texas Legislative
8-27 Council, the secretary of the senate, or a board member to
9-1 represent the designating party at a particular meeting or
9-2 conference is entitled to reimbursement for the actual expense of
9-3 meals and lodging on the trip.
9-4 (b) A member of the legislature, a judicial officer, a chief
9-5 administrator of a state agency, the executive director of the
9-6 Texas Legislative Council, the secretary of the senate, and a board
9-7 member may authorize a state employee traveling with the
9-8 authorizing party to a particular meeting or conference to receive
9-9 reimbursement for the actual expense of the employee's meals and
9-10 lodging on the trip.
9-11 Sec. 660.207. AIRCRAFT PILOTS. An aircraft pilot who
9-12 conveys state officers or employees on official business is
9-13 entitled to reimbursement for the actual expense of meals and
9-14 lodging on the trip in accordance with Section 660.206(b). The
9-15 pilot is not subject to Section 660.113(b).
9-16 Sec. 660.208. ADVANCE APPROVAL REQUIRED. Reimbursement of
9-17 actual expenses under Section 660.205 or 660.206 may not be made
9-18 unless the chief administrator of the appropriate state agency
9-19 gives advance written approval of the reimbursement and estimates
9-20 the approximate cost of the travel.
9-21 SECTION 9. Section 2171.052, Government Code, is amended to
9-22 read as follows:
9-23 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
9-24 (a) In this section "commercial lodging establishment" has the
9-25 meaning assigned by Section 660.002.
9-26 (b) The central travel office shall negotiate contracts with
9-27 private travel agents, with travel and transportation providers,
10-1 and with credit card companies that provide travel services and
10-2 other benefits to the state. The central travel office shall
10-3 negotiate with commercial lodging establishments to obtain the most
10-4 cost-effective rates possible for state employees traveling on
10-5 state business.
10-6 (c) [(b)] The commission shall make contracts with travel
10-7 agents that meet certain reasonable requirements prescribed by the
10-8 central travel office, allowing contracts to provide travel
10-9 services by as many private travel agents as possible with
10-10 preference given to resident entities of this state.
10-11 (d) [(c)] To the greatest extent possible, the commission
10-12 shall use electronic means to solicit and receive bids under this
10-13 section.
10-14 SECTION 10. Section 2205.031, Government Code, is amended to
10-15 read as follows:
10-16 Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT.
10-17 (a) This chapter applies to all aircraft owned or leased by the
10-18 state, except as provided by Section 2205.033.
10-19 (b) Each state agency shall use state-owned aircraft to the
10-20 extent feasible.
10-21 SECTION 11. Section 2205.035, Government Code, is amended by
10-22 adding Subsections (e) and (f) to read as follows:
10-23 (e) A state agency may not use money appropriated by the
10-24 legislature to rent or lease aircraft except from the board or as
10-25 provided by Subsection (f). For purposes of this subsection and
10-26 Subsection (f), payments of mileage reimbursements provided for by
10-27 the General Appropriations Act are not rentals or leases of
11-1 aircraft.
11-2 (f) If the board determines that no state-owned aircraft is
11-3 available to meet a transportation need that has arisen or that a
11-4 rental or lease of aircraft would reduce the state's transportation
11-5 costs, the board shall authorize a state agency to expend funds for
11-6 the rental or lease of aircraft, which may include a helicopter.
11-7 SECTION 12. Section 2205.036, Government Code, is amended by
11-8 amending Subsection (a) and adding Subsection (c) to read as
11-9 follows:
11-10 (a) The board shall provide aircraft transportation, to the
11-11 extent that its aircraft are available, to:
11-12 (1) state officers and employees who are traveling on
11-13 official business according to the coordinated passenger scheduling
11-14 system and the priority scheduling system developed as part of the
11-15 aircraft operations manual under Section 2205.038;
11-16 (2) state officers' spouses who are accompanying their
11-17 spouses while those officers are traveling on official business;
11-18 (3) persons in the care or custody of state officers
11-19 or employees described by Subdivision (1); and
11-20 (4) [(3)] persons whose transportation furthers
11-21 official state business.
11-22 (c) The board may not provide aircraft transportation to a
11-23 destination unless:
11-24 (1) the destination is not served by a commercial
11-25 carrier;
11-26 (2) the time required to use a commercial carrier
11-27 interferes with passenger obligations; or
12-1 (3) the number of passengers traveling makes the use
12-2 of state aircraft cost-effective.
12-3 SECTION 13. Section 2205.038, Government Code, is amended by
12-4 adding Subsection (d) to read as follows:
12-5 (d) The board shall give an officer normally elected by
12-6 statewide election priority in the scheduling of aircraft. The
12-7 board by rule may require a 12-hour notice by the officer to obtain
12-8 the priority in scheduling.
12-9 SECTION 14. Section 2205.040, Government Code, is amended to
12-10 read as follows:
12-11 Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The board
12-12 shall adopt rates for interagency aircraft services that are
12-13 sufficient to recover, in the aggregate and to the extent possible,
12-14 all direct costs for the services provided, including a state
12-15 agency's pro rata share of major maintenance, overhauls of
12-16 equipment and facilities, and pilots' salaries.
12-17 (b) The Legislative Budget Board, in cooperation with the
12-18 board and the state auditor, shall prescribe a billing procedure
12-19 for passenger travel on state-operated aircraft.
12-20 SECTION 15. Section 2205.041, Government Code, is amended to
12-21 read as follows:
12-22 Sec. 2205.041. AIRCRAFT USE FORM. The Legislative Budget
12-23 Board, in cooperation with the board, shall prescribe:
12-24 (1) an annual aircraft use form for gathering
12-25 information about the use of state-operated aircraft, including the
12-26 extent to which and the methods by which the goal provided by
12-27 Section 2205.031(b) is being met; and
13-1 (2) procedures for each state agency that operates an
13-2 aircraft for sending the form to the board and the Legislative
13-3 Budget Board.
13-4 SECTION 16. Section 2205.045(a), Government Code, is amended
13-5 to read as follows:
13-6 (a) The board may purchase insurance to protect the board
13-7 from loss caused by damage, loss, theft, or destruction of aircraft
13-8 owned or leased by the state and shall purchase liability insurance
13-9 to protect the officers and employees of each state agency from
13-10 loss arising from the operation of state-owned aircraft.
13-11 SECTION 17. Section 301.030, Government Code, is repealed.
13-12 SECTION 18. This section provides, for information purposes
13-13 only, a derivation table for provisions of the General
13-14 Appropriations Act that are codified in general law by other
13-15 sections of this Act. The first column identifies the codified
13-16 law; all references are to the Government Code unless otherwise
13-17 expressly noted. The second column identifies for each codified
13-18 law the applicable source provision of the General Appropriations
13-19 Act for the fiscal biennium ending August 31, 1999 (Chapter 1452,
13-20 Acts of the 75th Legislature, Regular Session, 1997).
13-21 Codified Law Source Provision
13-22 Sec. 660.003(e)(4) Sec. 14.4, 1st par., last phrase
13-23 Sec. 660.003(g) Sec. 21.j, introductory lang.
13-24 Sec. 660.030 Sec. 14.16
13-25 Sec. 660.041(c) Sec. 15.1.e
13-26 Sec. 660.071 conforming with Sec. 15.2.a
13-27 Sec. 660.074 Sec. 15.2.a, 2nd par.
14-1 Sec. 660.075 Sec. 15.2.a, 3rd par.
14-2 Sec. 660.094 Sec. 15.3.a(2)
14-3 Sec. 660.141 Sec. 14.5
14-4 Sec. 660.147 Secs. 14.13, 14.15
14-5 Sec. 660.201 Sec. 18.1; Sec. 301.030, Gov't
14-6 Code
14-7 Sec. 660.202 Secs. 18.4.a(1)-(3), 18.4.b
14-8 Sec. 660.203 Sec. 660.141, Gov't Code
14-9 (moved)
14-10 Sec. 660.204 Sec. 18.5
14-11 Sec. 660.205 Sec. 18.3
14-12 Sec. 660.206 Sec. 18.6.a-b
14-13 Sec. 660.207 Sec. 18.7
14-14 Sec. 660.208 Sec. 18.8
14-15 Secs. 2171.052(a), (b) Sec. 14.14
14-16 Sec. 2205.031(b) Sec. 21.1.d, 1st sent.
14-17 Secs. 2205.035(e), (f) Sec. 21.2
14-18 Secs. 2205.036(a), (c) Sec. 21.1.j
14-19 Sec. 2205.038(d) Sec. 21.1.d, last sent.
14-20 Sec. 2205.040(a) Sec. 21.1.i
14-21 Sec. 2205.041(1) Sec. 21.1.d, 2nd sent.
14-22 Sec. 2205.045(a) Sec. 21.1.e, 1st sent.
14-23 SECTION 19. This Act takes effect September 1, 1999, and
14-24 applies only to a travel expense incurred on or after that date.
14-25 SECTION 20. The importance of this legislation and the
14-26 crowded condition of the calendars in both houses create an
14-27 emergency and an imperative public necessity that the
15-1 constitutional rule requiring bills to be read on three several
15-2 days in each house be suspended, and this rule is hereby suspended.