1-1 By: Ratliff S.B. No. 175
1-2 (In the Senate - Filed January 19, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Finance;
1-4 March 8, 1999, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 8, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to codification of certain travel provisions in the
1-9 General Appropriations Act that are applicable to state officers
1-10 and employees.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 660.003, Government Code, is amended by
1-13 amending Subsection (e) and adding Subsection (g) to read as
1-14 follows:
1-15 (e) A state agency may pay or reimburse a travel expense
1-16 only if:
1-17 (1) the expense is reasonable and necessary;
1-18 (2) the purpose of the travel clearly involves
1-19 official state business and is consistent with the agency's legal
1-20 authority; [and]
1-21 (3) the expense and the travel during which the
1-22 expense is incurred comply with:
1-23 (A) this chapter;
1-24 (B) the rules adopted by the comptroller under
1-25 this chapter; and
1-26 (C) the travel provisions of the General
1-27 Appropriations Act; and
1-28 (4) for travel outside the state, the travel is
1-29 approved in advance in accordance with the policy of the state
1-30 agency that proposes to pay or reimburse the expense.
1-31 (g) A state agency may pay or reimburse a travel expense for
1-32 the rental, lease, or operation of aircraft only if the
1-33 transportation under the rental, lease, or operation meets the
1-34 criteria provided by Section 2205.036.
1-35 SECTION 2. Subchapter B, Chapter 660, Government Code, is
1-36 amended by adding Section 660.030 to read as follows:
1-37 Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE
1-38 REIMBURSEMENT FORMS. (a) In this section, "travel expense"
1-39 includes tuition and fees for training, seminars, and conferences.
1-40 (b) The comptroller and the state auditor periodically shall
1-41 examine the vouchers and other expense reimbursement forms
1-42 submitted by a state agency for payment of a travel expense payable
1-43 under this chapter to determine compliance with Section 660.003(e)
1-44 and:
1-45 (1) whether the travel expenses were incurred in the
1-46 conduct of official state business;
1-47 (2) whether the state-business-related activities
1-48 conducted during the travel were necessary to perform the state
1-49 business;
1-50 (3) whether the travel was necessary to perform the
1-51 state business conducted; and
1-52 (4) in a case in which vouchers or other expense
1-53 reimbursement forms have been submitted for more than one
1-54 individual for the same or similar travel, whether the number of
1-55 individuals traveling was necessary to perform the state business.
1-56 (c) The comptroller and the state auditor each shall develop
1-57 procedures for examining travel vouchers and other expense
1-58 reimbursement forms. If the comptroller believes that the criteria
1-59 prescribed by Subsection (b) have not been satisfied, the
1-60 comptroller shall provide that information to the state auditor for
1-61 review.
1-62 (d) This section does not apply to a travel expense
1-63 described by Subchapter H. This subsection does not exempt a
1-64 travel expense under Subchapter H from an audit required by Section
2-1 660.028.
2-2 SECTION 3. Section 660.041, Government Code, is amended by
2-3 adding Subsection (c) to read as follows:
2-4 (c) A state employee may not be reimbursed for mileage
2-5 incurred in traveling between the employee's residence and place of
2-6 employment in a personally owned or leased motor vehicle unless the
2-7 travel:
2-8 (1) is necessitated by extraordinary circumstances;
2-9 and
2-10 (2) occurs outside the hours the employee is working.
2-11 SECTION 4. Sections 660.071, 660.074, and 660.075,
2-12 Government Code, are amended to read as follows:
2-13 Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee,
2-14 a key official, [or] a member of a board, or a member of the
2-15 legislature is entitled to be reimbursed as provided by this
2-16 subchapter for use of an aircraft owned or leased by the employee,
2-17 official, or member.
2-18 Sec. 660.074. GROUP TRAVEL. (a) This section applies only
2-19 if a key official, [or] member of a board, or member of the
2-20 legislature travels with another official or member in an aircraft
2-21 owned or leased by the other official or member.
2-22 (b) In addition to the amount entitled to be reimbursed
2-23 under Section 660.071, the key official, [or] member of a board, or
2-24 member of the legislature who owns or leases the aircraft is
2-25 entitled to an amount equal to the amount that would have been paid
2-26 or reimbursed to each passenger had the passenger incurred the
2-27 average economy or coach airfare instead of traveling on the
2-28 aircraft. The total reimbursement to the official or member may
2-29 not exceed the total cost of the trip.
2-30 (c) The lessee of the aircraft may require the reimbursement
2-31 to be paid to the vendor providing the leased aircraft instead of
2-32 the lessee.
2-33 Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key
2-34 official, [or a] member of a board, or member of the legislature
2-35 is entitled to reimbursement under this subchapter for use of an
2-36 aircraft leased from a proprietorship, partnership, or corporation
2-37 in which the official or member has an interest.
2-38 SECTION 5. Subchapter E, Chapter 660, Government Code, is
2-39 amended by adding Section 660.094 to read as follows:
2-40 Sec. 660.094. LIMOUSINE TRANSPORTATION. A state agency may
2-41 pay for or reimburse a state employee for travel by limousine only
2-42 if it is the least costly transportation available considering all
2-43 relevant circumstances.
2-44 SECTION 6. Section 660.141, Government Code, is amended to
2-45 read as follows:
2-46 Sec. 660.141. REIMBURSEMENT IN CERTAIN CIRCUMSTANCES
2-47 INVOLVING LOWER AIRFARES. The comptroller by rule shall allow
2-48 extra travel time to be claimed for computation of reimbursable
2-49 travel expenses if a state employee obtains an airfare that is
2-50 lower than the fare that would have been paid for travel for the
2-51 same purpose but for a shorter period pursuant to this chapter, the
2-52 result is a cost saving to the state, and the employee's additional
2-53 absence is determined by the employing agency not to be
2-54 detrimental. [TRAVEL BY CERTAIN INDIVIDUALS. (a) An individual
2-55 is entitled to reimbursement for the actual expense of meals and
2-56 lodging incurred while performing the duties of the individual's
2-57 office or employment if the individual is:]
2-58 [(1) a judicial officer;]
2-59 [(2) a chief administrative officer of a state agency,
2-60 subject to Subsection (c);]
2-61 [(3) the executive director of the Texas Legislative
2-62 Council; or]
2-63 [(4) the secretary of the senate.]
2-64 [(b) The governor's spouse is entitled to reimbursement for
2-65 actual travel expenses incurred while performing duties at the
2-66 direction of the governor.]
2-67 [(c) A member of a board whose membership is not elected by
2-68 vote of the people is not a chief administrative officer for the
2-69 purposes of this section.]
3-1 SECTION 7. Subchapter G, Chapter 660, Government Code, is
3-2 amended by adding Section 660.147 to read as follows:
3-3 Sec. 660.147. TRAINING SEMINARS. (a) To reduce travel
3-4 expenditures, each state agency shall use interactive television,
3-5 video conference technology, and telephone conferences to the
3-6 greatest extent possible.
3-7 (b) A state agency may not pay or reimburse a state employee
3-8 for a travel expense associated with a training seminar conducted
3-9 by the agency for its employees unless the chief administrator of
3-10 the agency or the administrator's designee certifies on the voucher
3-11 or other expense reimbursement form that the agency:
3-12 (1) does not possess interactive television or video
3-13 conference facilities at the designated headquarters of the
3-14 employees attending the seminar;
3-15 (2) cannot purchase or lease such facilities at a cost
3-16 less than the total travel expenses associated with the seminar;
3-17 and
3-18 (3) does not have access to another agency's
3-19 facilities at the same location.
3-20 SECTION 8. Chapter 660, Government Code, is amended by
3-21 adding Subchapter H to read as follows:
3-22 SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS
3-23 Sec. 660.201. APPLICABILITY. This subchapter applies to the
3-24 extent it is inconsistent with or supplementary to a provision in
3-25 another part of this chapter. Sections 660.003(e)(4) and (g) do
3-26 not apply to travel by members and employees of the legislature.
3-27 Sec. 660.202. MEMBERS OF THE LEGISLATURE. (a) A member of
3-28 the legislature is entitled to be reimbursed for meal, lodging, and
3-29 incidental expenses incurred while traveling on legislative
3-30 business or on the business of a board, council, committee, or
3-31 commission on which the member sits. The rate of reimbursement is
3-32 determined by resolution of each house as either:
3-33 (1) the maximum per diem rate in the federal travel
3-34 regulations for the location at which the expenses are incurred; or
3-35 (2) the actual amount of the expenses incurred.
3-36 (b) If expenses for meals, lodging, or incidentals are
3-37 incurred in a location for which the federal travel regulations
3-38 have not established a maximum per diem rate, the rate for purposes
3-39 of Subsection (a)(1) is the lowest maximum per diem rate for the
3-40 state or country in which the expenses are incurred.
3-41 (c) A member of the legislature is entitled to be reimbursed
3-42 for the member's use of personally owned or leased motor vehicles
3-43 and the use of rented or public conveyances at the same rate as is
3-44 provided in the General Appropriations Act for state employees.
3-45 (d) Rates of reimbursement for a member of the legislature's
3-46 use of personally owned or leased motor vehicles, rented or public
3-47 conveyances, or personally owned or leased aircraft apply whether a
3-48 trip includes travel to or from the city of Austin.
3-49 (e) During a legislative session, a member of the
3-50 legislature is entitled to be reimbursed for transportation
3-51 expenses, including mileage, at the same rate that is provided by
3-52 the General Appropriations Act for state employees.
3-53 Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES.
3-54 (a) An individual is entitled to reimbursement for the actual
3-55 expense of meals and lodging incurred while performing the duties
3-56 of the individual's office or employment if the individual is:
3-57 (1) a judicial officer;
3-58 (2) a chief administrative officer of a state agency,
3-59 subject to Subsection (c);
3-60 (3) the executive director of the Texas Legislative
3-61 Council; or
3-62 (4) the secretary of the senate.
3-63 (b) The governor's spouse is entitled to reimbursement for
3-64 actual travel expenses incurred while performing duties at the
3-65 direction of the governor.
3-66 (c) A member of a board whose membership is not elected by
3-67 vote of the people is not a chief administrative officer for the
3-68 purposes of this section.
3-69 Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. A state
4-1 employee employed by the legislature or an agency in the
4-2 legislative branch of state government may be reimbursed for the
4-3 actual expense of meals and lodging as determined by the employing
4-4 house of the legislature or agency.
4-5 Sec. 660.205. REPRESENTATION OF STATE. (a) A state
4-6 employee who is designated by the governor to represent the state
4-7 at a governmental meeting or conference held outside the state is
4-8 entitled to reimbursement for the actual expense of meals, lodging,
4-9 and incidentals during the trip.
4-10 (b) A travel expense described by Subsection (a) is
4-11 reimbursable from appropriations to the state agency by which the
4-12 designee is employed.
4-13 Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND
4-14 EMPLOYEES. (a) A state employee who is designated by a member of
4-15 the legislature, a judicial officer, a chief administrator of a
4-16 state agency, the executive director of the Texas Legislative
4-17 Council, the secretary of the senate, or a board member to
4-18 represent the designating party at a particular meeting or
4-19 conference is entitled to reimbursement for the actual expense of
4-20 meals and lodging on the trip.
4-21 (b) A member of the legislature, a judicial officer, a chief
4-22 administrator of a state agency, the executive director of the
4-23 Texas Legislative Council, the secretary of the senate, and a board
4-24 member may authorize a state employee traveling with the
4-25 authorizing party to a particular meeting or conference to receive
4-26 reimbursement for the actual expense of the employee's meals and
4-27 lodging on the trip.
4-28 Sec. 660.207. AIRCRAFT PILOTS. An aircraft pilot who
4-29 conveys state officers or employees on official business is
4-30 entitled to reimbursement for the actual expense of meals and
4-31 lodging on the trip in accordance with Section 660.206(b). The
4-32 pilot is not subject to Section 660.113(b).
4-33 Sec. 660.208. ADVANCE APPROVAL REQUIRED. Reimbursement of
4-34 actual expenses under Section 660.205 or 660.206 may not be made
4-35 unless the chief administrator of the appropriate state agency
4-36 gives advance written approval of the reimbursement and estimates
4-37 the approximate cost of the travel.
4-38 SECTION 9. Section 2171.052, Government Code, is amended to
4-39 read as follows:
4-40 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
4-41 (a) In this section, "commercial lodging establishment" has the
4-42 meaning assigned by Section 660.002.
4-43 (b) The central travel office shall negotiate contracts with
4-44 private travel agents, with travel and transportation providers,
4-45 and with credit card companies that provide travel services and
4-46 other benefits to the state. The central travel office shall
4-47 negotiate with commercial lodging establishments to obtain the most
4-48 cost-effective rates possible for state employees traveling on
4-49 state business.
4-50 (c) [(b)] The commission shall make contracts with travel
4-51 agents that meet certain reasonable requirements prescribed by the
4-52 central travel office, allowing contracts to provide travel
4-53 services by as many private travel agents as possible with
4-54 preference given to resident entities of this state.
4-55 (d) [(c)] To the greatest extent possible, the commission
4-56 shall use electronic means to solicit and receive bids under this
4-57 section.
4-58 SECTION 10. Section 2205.031, Government Code, is amended to
4-59 read as follows:
4-60 Sec. 2205.031. APPLICABILITY OF CHAPTER TO STATE AIRCRAFT.
4-61 (a) This chapter applies to all aircraft owned or leased by the
4-62 state, except as provided by Section 2205.033.
4-63 (b) Each state agency shall use state-owned aircraft to the
4-64 extent feasible.
4-65 SECTION 11. Section 2205.035, Government Code, is amended by
4-66 adding Subsections (e) and (f) to read as follows:
4-67 (e) A state agency may not use money appropriated by the
4-68 legislature to rent or lease aircraft except from the board or as
4-69 provided by Subsection (f). For purposes of this subsection and
5-1 Subsection (f), payments of mileage reimbursements provided for by
5-2 the General Appropriations Act are not rentals or leases of
5-3 aircraft.
5-4 (f) If the board determines that no state-owned aircraft is
5-5 available to meet a transportation need that has arisen or that a
5-6 rental or lease of aircraft would reduce the state's transportation
5-7 costs, the board shall authorize a state agency to expend funds for
5-8 the rental or lease of aircraft, which may include a helicopter.
5-9 SECTION 12. Section 2205.036, Government Code, is amended by
5-10 amending Subsection (a) and adding Subsection (c) to read as
5-11 follows:
5-12 (a) The board shall provide aircraft transportation, to the
5-13 extent that its aircraft are available, to:
5-14 (1) state officers and employees who are traveling on
5-15 official business according to the coordinated passenger scheduling
5-16 system and the priority scheduling system developed as part of the
5-17 aircraft operations manual under Section 2205.038;
5-18 (2) state officers' spouses who are accompanying their
5-19 spouses while those officers are traveling on official business;
5-20 (3) persons in the care or custody of state officers
5-21 or employees described by Subdivision (1); and
5-22 (4) [(3)] persons whose transportation furthers
5-23 official state business.
5-24 (c) The board may not provide aircraft transportation to a
5-25 destination unless:
5-26 (1) the destination is not served by a commercial
5-27 carrier;
5-28 (2) the time required to use a commercial carrier
5-29 interferes with passenger obligations; or
5-30 (3) the number of passengers traveling makes the use
5-31 of state aircraft cost-effective.
5-32 SECTION 13. Section 2205.038, Government Code, is amended by
5-33 adding Subsection (d) to read as follows:
5-34 (d) The board shall give an officer normally elected by
5-35 statewide election priority in the scheduling of aircraft. The
5-36 board by rule may require a 12-hour notice by the officer to obtain
5-37 the priority in scheduling.
5-38 SECTION 14. Section 2205.040, Government Code, is amended to
5-39 read as follows:
5-40 Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The board
5-41 shall adopt rates for interagency aircraft services that are
5-42 sufficient to recover, in the aggregate and to the extent possible,
5-43 all direct costs for the services provided, including a state
5-44 agency's pro rata share of major maintenance, overhauls of
5-45 equipment and facilities, and pilots' salaries.
5-46 (b) The Legislative Budget Board, in cooperation with the
5-47 board and the state auditor, shall prescribe a billing procedure
5-48 for passenger travel on state-operated aircraft.
5-49 SECTION 15. Section 2205.041, Government Code, is amended to
5-50 read as follows:
5-51 Sec. 2205.041. AIRCRAFT USE FORM. The Legislative Budget
5-52 Board, in cooperation with the board, shall prescribe:
5-53 (1) an annual aircraft use form for gathering
5-54 information about the use of state-operated aircraft, including the
5-55 extent to which and the methods by which the goal provided by
5-56 Section 2205.031(b) is being met; and
5-57 (2) procedures for each state agency that operates an
5-58 aircraft for sending the form to the board and the Legislative
5-59 Budget Board.
5-60 SECTION 16. Subsection (a), Section 2205.045, Government
5-61 Code, is amended to read as follows:
5-62 (a) The board may purchase insurance to protect the board
5-63 from loss caused by damage, loss, theft, or destruction of aircraft
5-64 owned or leased by the state and shall purchase liability insurance
5-65 to protect the officers and employees of each state agency from
5-66 loss arising from the operation of state-owned aircraft.
5-67 SECTION 17. Section 301.030, Government Code, is repealed.
5-68 SECTION 18. This section provides, for information purposes
5-69 only, a derivation table for provisions of the General
6-1 Appropriations Act that are codified in general law by other
6-2 sections of this Act. The first column identifies the codified
6-3 law; all references are to the Government Code unless otherwise
6-4 expressly noted. The second column identifies for each codified
6-5 law the applicable source provision of Article IX of the General
6-6 Appropriations Act for the fiscal biennium ending August 31, 1999
6-7 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
6-8 1997).
6-9 Codified Law Source Provision
6-10 Sec. 660.003(e)(4) Sec. 14.4, 1st par., last phrase
6-11 Sec. 660.003(g) Sec. 21.1.j, introductory lang.
6-12 Sec. 660.030 Sec. 14.16
6-13 Sec. 660.041(c) Sec. 15.1.e
6-14 Sec. 660.071 conforming with Sec. 15.2.a
6-15 Sec. 660.074 Sec. 15.2.a, 2nd par.
6-16 Sec. 660.075 Sec. 15.2.a, 3rd par.
6-17 Sec. 660.094 Sec. 15.3.a(2)
6-18 Sec. 660.141 Sec. 14.5
6-19 Sec. 660.147 Secs. 14.13, 14.15
6-20 Sec. 660.201 Sec. 18.1; Sec. 301.030, Gov't
6-21 Code
6-22 Sec. 660.202 Secs. 18.4.a(1)-(3), 18.4.b
6-23 Sec. 660.203 Sec. 660.141, Gov't Code
6-24 (moved)
6-25 Sec. 660.204 Sec. 18.5
6-26 Sec. 660.205 Sec. 18.3
6-27 Sec. 660.206 Sec. 18.6.a-b
6-28 Sec. 660.207 Sec. 18.7
6-29 Sec. 660.208 Sec. 18.8
6-30 Secs. 2171.052(a), (b) Sec. 14.14
6-31 Sec. 2205.031(b) Sec. 21.1.d, 1st sent.
6-32 Secs. 2205.035(e), (f) Sec. 21.2
6-33 Secs. 2205.036(a), (c) Sec. 21.1.j
6-34 Sec. 2205.038(d) Sec. 21.1.d, last sent.
6-35 Sec. 2205.040(a) Sec. 21.1.i
6-36 Sec. 2205.041(1) Sec. 21.1.d, 2nd sent.
6-37 Sec. 2205.045(a) Sec. 21.1.e, 1st sent.
6-38 SECTION 19. This Act takes effect September 1, 1999, and
6-39 applies only to a travel expense incurred on or after that date.
6-40 SECTION 20. The importance of this legislation and the
6-41 crowded condition of the calendars in both houses create an
6-42 emergency and an imperative public necessity that the
6-43 constitutional rule requiring bills to be read on three several
6-44 days in each house be suspended, and this rule is hereby suspended.
6-45 * * * * *