By Ratliff S.B. No. 176
76R3495 GCH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codification of certain reporting and accounting
1-3 requirements in the General Appropriations Act that are applicable
1-4 to state agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 324.008, Government Code, is amended by
1-7 adding Subsection (d) to read as follows:
1-8 (d) The governing body of a state agency, as defined by
1-9 Sections 2151.002(2)(A) and (C), shall deliver to the library
1-10 immediately after transcription a certified copy of the minutes of
1-11 any meeting of the governing body. Any changes or corrections to
1-12 the minutes shall also be delivered to the library.
1-13 SECTION 2. Subchapter B, Chapter 403, Government Code, is
1-14 amended by adding Section 403.0131 to read as follows:
1-15 Sec. 403.0131. APPROPRIATION CERTIFICATION SUMMARY. As soon
1-16 as practical after the comptroller certifies the appropriations
1-17 made by the legislature in a regular or special session, the
1-18 comptroller shall prepare a summary table that details the basis
1-19 for the certification of all major funds. The table must be
1-20 similar in format and detail to the summary tables of the major
1-21 fund estimates published in the comptroller's biennial revenue
1-22 estimate and must include the biennial appropriations from all
1-23 major funds. The comptroller shall deliver a copy of each table
1-24 prepared under this section to the governor, the lieutenant
2-1 governor, the speaker of the house of representatives, the
2-2 presiding officer of the committee in each house of the legislature
2-3 that has jurisdiction over appropriations, and the Legislative
2-4 Budget Board.
2-5 SECTION 3. Section 403.021, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 403.021. ENCUMBRANCE REPORTS. (a) In this section,
2-8 "state agency" has the meaning assigned by Section 403.013.
2-9 (b) A state agency that expends appropriated funds shall
2-10 report into the uniform statewide accounting system all payables
2-11 and binding [estimated] encumbrances by appropriation account for
2-12 the first three quarters of the current appropriation year within
2-13 30 days after the close of each quarter. A state agency shall
2-14 report payables and binding encumbrances for all appropriation
2-15 years annually [and submit a binding encumbrance report] to the
2-16 comptroller, the state auditor, and the Legislative Budget Board
2-17 [Office] no later than October 30 of each year.
2-18 (c) [(b)] Payables and binding encumbrances must be reported
2-19 for all appropriations in the format that the comptroller
2-20 prescribes.
2-21 (d) [(c)] On November [October] 1 of each fiscal year, the
2-22 comptroller shall lapse all unencumbered nonconstruction
2-23 appropriation balances for all prior appropriation years based on
2-24 the payables and binding encumbrances reported.
2-25 (e) [(d)] If a state [an] agency submits a valid claim
2-26 against a prior year's appropriation 30 days or more after the
2-27 reporting due date, the comptroller shall reinstate the agency's
3-1 appropriations to the extent of the claim.
3-2 (f) [(e)] If a state agency submits a claim that is legally
3-3 payable against an appropriation for an earlier year and the
3-4 balance of the appropriation is insufficient to pay the claim, then
3-5 the comptroller may reopen the appropriation to pay the claim. A
3-6 claim is legally payable from an appropriation only if the
3-7 appropriation was encumbered to pay the claim before the expiration
3-8 of the appropriation.
3-9 (g) Each state agency shall reconcile all expenditures,
3-10 binding encumbrances, payables, and accrued expenditures, as
3-11 reported in the uniform statewide accounting system, with the state
3-12 agency's strategic planning and budget structure, as reported in
3-13 the automated budget and evaluation system. Each state agency
3-14 shall report in the automated budget and evaluation system a method
3-15 of financing as provided in the General Appropriations Act. The
3-16 Legislative Budget Board, after consultation with the comptroller,
3-17 shall determine a schedule for the reconciliation required by this
3-18 subsection.
3-19 (h) The comptroller may adopt rules to administer this
3-20 section.
3-21 SECTION 4. Section 751.024, Government Code, is amended to
3-22 read as follows:
3-23 Sec. 751.024. REPORTS CONCERNING GRANT FUNDS [TO LEGISLATIVE
3-24 BUDGET BOARD]. (a) Each agency and each institution of higher
3-25 education shall report to the office, the Legislative Budget Board,
3-26 and the budget division of the governor's office:
3-27 (1) each application or request made to the United
4-1 States government for grant funds;
4-2 (2) the award or designation, by the United States
4-3 government, of any funds for expenditure by a state agency; and
4-4 (3) waivers of grant requirements.
4-5 (b) In consultation with the director, the Legislative
4-6 Budget Board may prescribe [develop] reporting procedures and time
4-7 schedules necessary to implement Subsection (a).
4-8 [(c) In prescribing a report form under Subsection (b), the
4-9 Legislative Budget Board shall consult with the director.]
4-10 SECTION 5. Section 2101.011, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 2101.011. FINANCIAL INFORMATION REQUIRED OF STATE
4-13 AGENCIES. (a) In this section:
4-14 (1) "Appropriated money" means money appropriated by
4-15 the legislature under the General Appropriations Act or other law.
4-16 (2) "Appropriation item" includes an item listed in
4-17 the General Appropriations Act under an informational listing of
4-18 appropriated funds.
4-19 (b) Not later than the 90th day of each fiscal year, the
4-20 executive head of each state agency shall submit an annual
4-21 financial report regarding the agency's use of appropriated money
4-22 during the preceding fiscal year [A state agency as defined by
4-23 Section 403.013 shall submit the financial information requested by
4-24 the comptroller and such other information requested by the
4-25 legislature in the General Appropriations Act, including
4-26 information about state funds held outside the state treasury,] to:
4-27 (1) the governor;
5-1 (2) the comptroller;
5-2 (3) the Legislative Reference Library;
5-3 (4) the state auditor; and
5-4 (5) the Legislative Budget Board.
5-5 (c) The annual report must include:
5-6 (1) a detailed statement of all assets, liabilities,
5-7 and fund balances, including:
5-8 (A) cash on hand and on deposit in banks and
5-9 accounts in the state treasury;
5-10 (B) the value of consumable supplies and
5-11 postage;
5-12 (C) the value of the state agency's inventory of
5-13 movable equipment and other fixed assets;
5-14 (D) all other assets;
5-15 (E) a list of investments, bonds, notes, and
5-16 other securities owned by any special funds under the jurisdiction
5-17 of the state agency, including the amount and value of the
5-18 securities;
5-19 (F) all money due the state agency from any
5-20 source;
5-21 (G) all outstanding commitments of the agency,
5-22 including amounts due for services or goods received by the agency;
5-23 (H) a summary by source of all revenue collected
5-24 or accruing through the state agency; and
5-25 (I) a summary of all appropriations,
5-26 expenditures, bona fide encumbrances, and other disbursements by
5-27 the state agency;
6-1 (2) a list of all bonded employees, including the name
6-2 of the surety company, the name and title of the employee, and the
6-3 amount of the surety bond;
6-4 (3) an analysis of space occupied by the state agency,
6-5 including:
6-6 (A) the total number of square feet of space
6-7 rented by the agency;
6-8 (B) the total number of square feet of occupied
6-9 space in state-owned buildings;
6-10 (C) the name and address of each building in
6-11 which the state agency occupies space and the number of square feet
6-12 in each building devoted to a particular use;
6-13 (D) the cost per square foot of all rented
6-14 space;
6-15 (E) the annual and monthly cost of all rented
6-16 space;
6-17 (F) the lessor of all rented space;
6-18 (G) a statement of the state agency's progress
6-19 toward achieving the objective provided by Section 2165.104, if the
6-20 agency is subject to that section; and
6-21 (H) other information helpful to describe the
6-22 state agency's use of space;
6-23 (4) an itemized statement of all fees paid by the
6-24 state agency for professional and consulting services provided
6-25 under Chapter 2254, including the name of each person receiving
6-26 fees and the reason for the provision of the services;
6-27 (5) an itemized statement of all legal services paid
7-1 by the state agency, other than services provided by an employee of
7-2 the agency or the attorney general, that includes the name of each
7-3 person receiving fees and the reason for the provision of the
7-4 services;
7-5 (6) a copy of the report, relating to the state
7-6 agency's use and cost of operating aircraft that is state-owned or
7-7 under rental or long-term lease, prepared by the agency in
7-8 accordance with Section 2205.041;
7-9 (7) a list of any purchases made under Section
7-10 2155.132(a), including each product purchased, the purchase amount,
7-11 and the name of each vendor;
7-12 (8) for each fiscal year ending in an even-numbered
7-13 calendar year, a copy of the Master File Report Verification Form
7-14 certified by the General Land Office, if applicable to the state
7-15 agency, to confirm that the agency is in compliance with Subchapter
7-16 E, Chapter 31, Natural Resources Code, or, if the agency's
7-17 inventory record is not accurate and complete, a statement that the
7-18 appropriate forms will be submitted to the General Land Office not
7-19 later than the 15th day after the date of the annual report;
7-20 (9) a copy of the report, relating to the state
7-21 agency's use of historically underutilized businesses, prepared by
7-22 the agency in accordance with Section 2161.124;
7-23 (10) a report of any transfer of appropriated money
7-24 between appropriation items that shows the sum of all transfers
7-25 affecting a particular item;
7-26 (11) a list of each passenger vehicle the state agency
7-27 purchased, including the make and model, purchase price, assigned
8-1 type of use, and fuel efficiency as expressed by the manufacturer's
8-2 fuel efficiency rating;
8-3 (12) a schedule, applicable to state agencies
8-4 determined by the Legislative Budget Board, detailing total
8-5 expenditures by or on behalf of a state agency for employee
8-6 benefits, such as social security, health insurance, and retirement
8-7 contributions, benefit replacement pay, and workers' and
8-8 unemployment compensation payments; bond debt service; and payments
8-9 for general governmental services as determined by the comptroller,
8-10 including services of the comptroller, the attorney general, the
8-11 General Services Commission, the Department of Information
8-12 Resources, and the state auditor; and
8-13 (13) any other financial information requested by the
8-14 comptroller.
8-15 (d) [(b) A state agency shall submit the information to the
8-16 listed officials by the date or dates provided in the General
8-17 Appropriations Act.]
8-18 [(c)] The comptroller may require the reporting of the
8-19 financial information for any entity that the comptroller
8-20 determines is a component unit of a statewide reporting entity in
8-21 accordance with generally accepted accounting principles as
8-22 prescribed or modified by the Governmental Accounting Standards
8-23 Board or its successors.
8-24 SECTION 6. Chapter 2102, Government Code, is amended by
8-25 adding Section 2102.0091 to read as follows:
8-26 Sec. 2102.0091. REPORTS OF PERIODIC AUDITS. (a) A state
8-27 agency shall file with the budget division of the governor's
9-1 office, the state auditor, and the Legislative Budget Board a copy
9-2 of each report submitted to the state agency's governing body or
9-3 its designee by the agency's internal auditor.
9-4 (b) Each report shall be filed not later than the 30th day
9-5 after the date the report is submitted to the state agency's
9-6 governing body or its designee.
9-7 (c) In addition to the requirements of Subsection (a), a
9-8 state agency shall file with the budget division of the governor's
9-9 office, the state auditor, and the Legislative Budget Board any
9-10 action plan or other response issued by the state agency's
9-11 governing body in response to the report of the state agency's
9-12 internal auditor.
9-13 SECTION 7. Section 2152.064, Government Code, is amended by
9-14 amending Subsection (b) and adding Subsections (d) and (e) to read
9-15 as follows:
9-16 (b) During January and July of each year, a state agency
9-17 shall file with the Legislative Budget Board [presiding officer of
9-18 each house of the legislature and the presiding officers of the
9-19 house appropriations committee and the senate finance committee] a
9-20 report that identifies each nonresident bidder to whom the agency
9-21 awarded a contract that has a value of $25,000 or more for the
9-22 purchase of supplies, materials, services, or equipment during the
9-23 six calendar months preceding the month in which the report is
9-24 filed, if the agency awarded such a contract during the reporting
9-25 period. For contracts with a value of $250,000 or more, the agency
9-26 shall include an explanation for the need to use a nonresident
9-27 bidder.
10-1 (d) In addition to the information required by Subsection
10-2 (b), a state agency shall include in the report a listing of the
10-3 total value of all purchases from nonresident bidders of supplies,
10-4 materials, services, and equipment during the six calendar months
10-5 preceding the month in which the report is filed. If the total
10-6 amount reported is greater than $1 million or greater than 25
10-7 percent of the total value of all purchases, the state agency shall
10-8 include an explanation for the need to use nonresident bidders.
10-9 (e) The Legislative Budget Board shall prepare a report
10-10 summarizing the information received under this section for each
10-11 reporting period. The board shall file a copy of each summary
10-12 report with the lieutenant governor, the speaker of the house of
10-13 representatives, and the presiding officer of the committee in each
10-14 house of the legislature that has jurisdiction over appropriations.
10-15 SECTION 8. Section 2166.152, Government Code, is amended by
10-16 adding Subsection (e) to read as follows:
10-17 (e) Money appropriated by the legislature may not be used
10-18 for a capital construction project for which a project analysis
10-19 described by this section is required until the analysis is filed
10-20 with the Legislative Budget Board, the budget division of the
10-21 governor's office, and the comptroller.
10-22 SECTION 9. Section 2205.039, Government Code, is amended by
10-23 amending Subsection (b) and adding Subsection (c) to read as
10-24 follows:
10-25 (b) The travel log form must request the following
10-26 information about a state-operated aircraft each time the aircraft
10-27 is flown:
11-1 (1) a mission statement, which may appear as a
11-2 selection to be identified from general categories appearing on the
11-3 form;
11-4 (2) the name, state agency represented, destination,
11-5 and signature of each person who is a passenger or crew member of
11-6 the aircraft; [and]
11-7 (3) the date of each flight;
11-8 (4) a detailed and specific description of the
11-9 official business purpose of each flight; and
11-10 (5) other information determined by the Legislative
11-11 Budget Board and the board to be necessary to monitor the proper
11-12 use of the aircraft.
11-13 (c) A state agency other than the board shall send travel
11-14 logs to the board each month in which the agency operates an
11-15 aircraft.
11-16 SECTION 10. Section 2205.041, Government Code, is amended to
11-17 read as follows:
11-18 Sec. 2205.041. AIRCRAFT USE FORM. (a) The Legislative
11-19 Budget Board, in cooperation with the board, shall prescribe:
11-20 (1) an annual aircraft use form for gathering
11-21 information about the use of state-operated aircraft; and
11-22 (2) procedures for each state agency that operates an
11-23 aircraft for sending the form to the board and the Legislative
11-24 Budget Board.
11-25 (b) The aircraft use form must request the following
11-26 information about each aircraft a state agency operates:
11-27 (1) a description of the aircraft;
12-1 (2) the date purchased or leased and the purchase
12-2 price or lease cost;
12-3 (3) the number of annual hours flown;
12-4 (4) the annual operating costs;
12-5 (5) the number of flights and the destinations;
12-6 (6) the travel logs prepared under Section 2205.039;
12-7 and
12-8 (7) any other information the Legislative Budget Board
12-9 requires to document the proper or cost-efficient use of the
12-10 aircraft.
12-11 SECTION 11. Chapter 109, Civil Practice and Remedies Code,
12-12 is amended by adding Section 109.0015 to read as follows:
12-13 Sec. 109.0015. NOTICE OF CERTAIN LAWSUITS.
12-14 (a) Notwithstanding Section 109.001, in this section, "state
12-15 agency" has the meaning assigned by Section 2151.002, except that
12-16 the term also includes a public junior college.
12-17 (b) A state agency shall notify the governor and the
12-18 Legislative Budget Board of the filing of each lawsuit against the
12-19 state that alleges a claim because of acts or omissions of the
12-20 agency or an officer or employee of the agency and for which the
12-21 state may be liable for payment of a judgment. The notification
12-22 must be made:
12-23 (1) not later than the 30th day after the date the
12-24 suit is filed; and
12-25 (2) in a form prescribed by the Legislative Budget
12-26 Board.
12-27 SECTION 12. This section provides, for information purposes
13-1 only, a derivation table for provisions of the General
13-2 Appropriations Act that are codified in general law by other
13-3 sections of this Act. The first column identifies the codified
13-4 law; all references are to the Government Code unless otherwise
13-5 expressly noted. The second column identifies for each codified
13-6 law the applicable source provision of the General Appropriations
13-7 Act for the fiscal biennium ending August 31, 1999 (Chapter 1452,
13-8 Acts of the 75th Legislature, Regular Session, 1997).
13-9 Codified Law Source Provision
13-10 Sec. 324.008(d) Sec. 89
13-11 Sec. 403.0131 Sec. 87
13-12 Sec. 403.021 Sec. 86, last par.
13-13 Sec. 751.024 Sec. 106.4
13-14 Sec. 2101.011 (generally) Sec. 86 (almost all)
13-15 Sec. 2101.011(c)(3)(G) Sec. 154, last sent.
13-16 Sec. 2101.011(c)(11) Sec. 20.3, last sent.
13-17 Sec. 2102.0091 Sec. 95
13-18 Sec. 2152.064(b) Secs. 93.1, 94 (part)
13-19 Secs. 2152.064(d), (e) Secs. 93.2, 93.3
13-20 Sec. 2166.152(e) Sec. 47 (part)
13-21 Secs. 2205.039(b), (c) Sec. 86.6 (part)
13-22 Sec. 2205.041 Sec. 86.6 (part)
13-23 Sec. 109.0015, Civil Practice and
13-24 Remedies Code Sec. 100
13-25 SECTION 13. This Act takes effect September 1, 1999.
13-26 SECTION 14. The importance of this legislation and the
13-27 crowded condition of the calendars in both houses create an
14-1 emergency and an imperative public necessity that the
14-2 constitutional rule requiring bills to be read on three several
14-3 days in each house be suspended, and this rule is hereby suspended.