76R13931 GCH-D
By Ratliff S.B. No. 177
Substitute the following for S.B. No. 177:
By Junell C.S.S.B. No. 177
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codification of certain provisions in the General
1-3 Appropriations Act that authorize, restrict, or prohibit
1-4 expenditures by public entities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 556, Government Code, is amended to read
1-7 as follows:
1-8 CHAPTER 556. POLITICAL ACTIVITIES BY CERTAIN PUBLIC ENTITIES
1-9 AND INDIVIDUALS [STATE AGENCIES AND EMPLOYEES]
1-10 Sec. 556.001. DEFINITIONS. In this chapter:
1-11 (1) "Appropriated money" means money appropriated by
1-12 the legislature through the General Appropriations Act or other
1-13 law.
1-14 (2) "State agency" means:
1-15 (A) a department, commission, board, office, or
1-16 other agency in the executive branch of state government, created
1-17 under the constitution or a statute, with statewide authority;
1-18 (B) a university system or an institution of
1-19 higher education as defined by Section 61.003, Education Code; or
1-20 (C) the supreme court, the court of criminal
1-21 appeals, another entity in the judicial branch of state government
1-22 with statewide authority, or a court of appeals[, or the Texas
1-23 Judicial Council].
1-24 (3) [(2)] "State employee" means an individual who is
2-1 employed by a state agency. The term does not include an elected
2-2 official or an individual appointed to office by the governor or
2-3 another officer [subject to approval by the senate].
2-4 (4) "State officer" means an individual appointed to
2-5 office by the governor or another officer.
2-6 Sec. 556.002. APPLICATION TO CERTAIN ENTITIES AND
2-7 INDIVIDUALS [EXCEPTION]. (a) This chapter applies to the use of
2-8 appropriated money by the following public entities and their
2-9 officers and employees as if the entities were state agencies and
2-10 their officers and employees were state employees:
2-11 (1) a regional planning commission, council of
2-12 governments, or similar regional planning agency created under
2-13 Chapter 391, Local Government Code;
2-14 (2) a local workforce development board created under
2-15 Subchapter F, Chapter 2308; and
2-16 (3) a community center created under Subchapter A,
2-17 Chapter 534, Health and Safety Code.
2-18 (b) This chapter does not prohibit the payment of reasonable
2-19 dues to an organization that represents student interests before
2-20 the legislature or the Congress of the United States from that
2-21 portion of mandatory student service fees that is allocated to the
2-22 student government organization at an institution of higher
2-23 education. A mandatory student service fee may not be used to
2-24 influence the outcome of an election. [Except for Section 556.006,
2-25 this chapter does not apply to an individual employed by the
2-26 Department of Public Safety.]
2-27 Sec. 556.003. STATE EMPLOYEES' RIGHTS. A state employee has
3-1 the rights of freedom of association and political participation
3-2 guaranteed by the state and federal constitutions except as
3-3 provided by Section 556.004.
3-4 Sec. 556.004. PROHIBITED ACTS OF AGENCIES AND INDIVIDUALS
3-5 [STATE EMPLOYEES]. (a) A state agency may not use any money under
3-6 its control, including appropriated money, to finance or otherwise
3-7 support the candidacy of a person for an office in the legislative,
3-8 executive, or judicial branch of state government or of the
3-9 government of the United States. This prohibition extends to the
3-10 direct or indirect employment of a person to perform an action
3-11 described by this subsection.
3-12 (b) A state officer or employee may not use a state-owned or
3-13 state-leased motor vehicle for a purpose described by Subsection
3-14 (a).
3-15 (c) A state officer or employee may not[:]
3-16 [(1)] use official authority or influence or permit
3-17 the use of a program administered by the state agency of which the
3-18 person is an officer or employee to interfere with or affect the
3-19 result of an election or nomination of a candidate or to achieve
3-20 any other political purpose.
3-21 (d) A state employee may not[; or]
3-22 [(2)] coerce, attempt to coerce, command, restrict,
3-23 attempt to restrict, or prevent the payment, loan, or contribution
3-24 of any thing of value to a person or political organization for a
3-25 political purpose.
3-26 (e) [(b)] For purposes of Subsection (c) [this section], a
3-27 state officer or employee does not interfere with or affect the
4-1 results of an election or nomination if the individual's
4-2 [employee's] conduct is permitted by a law relating to the
4-3 individual's office or employment and is not otherwise unlawful.
4-4 Sec. 556.005. EMPLOYMENT OF LOBBYIST [VIOLATION]. (a) A
4-5 state agency may not use appropriated money to employ, as a regular
4-6 full-time or part-time or contract employee, a person who is
4-7 required by Chapter 305 to register as a lobbyist.
4-8 (b) A state agency may not use appropriated money to pay, on
4-9 behalf of the agency or an officer or employee of the agency,
4-10 membership dues to an organization that pays part or all of the
4-11 salary of a person who is required by Chapter 305 to register as a
4-12 lobbyist.
4-13 (c) A state agency that violates Subsection (a) is subject
4-14 to a reduction of amounts appropriated for administration by the
4-15 General Appropriations Act for the biennium following the biennium
4-16 in which the violation occurs in an amount not to exceed $100,000
4-17 for each violation. [employee who violates Section 556.004 is
4-18 subject to immediate termination of employment.]
4-19 Sec. 556.006. LEGISLATIVE LOBBYING. (a) A state agency may
4-20 not use appropriated money to attempt to influence the passage or
4-21 defeat of a legislative measure.
4-22 (b) This section does not prohibit a state officer or
4-23 employee from using state resources to provide public information
4-24 or to provide information responsive to a request.
4-25 Sec. 556.007. TERMINATION OF EMPLOYMENT. A state employee
4-26 who causes an employee to be discharged, demoted, or otherwise
4-27 discriminated against for providing information under Section
5-1 556.006(b) or who violates Section 556.004(c) or (d) is subject to
5-2 immediate termination of employment.
5-3 Sec. 556.008. COMPENSATION PROHIBITION. A state agency may
5-4 not use appropriated money to compensate a state officer or
5-5 employee who violates Section 556.004(a), (b), or (c) or Section
5-6 556.005 or 556.006(a), or who is subject to termination under
5-7 Section 556.007.
5-8 Sec. 556.009. NOTICE OF PROHIBITIONS. (a) A state agency
5-9 shall provide each officer and employee of the agency a copy of
5-10 Sections 556.004, 556.005, 556.006, 556.007, and 556.008 and
5-11 require a signed receipt on delivery. A new copy and receipt are
5-12 required if one of those provisions is changed.
5-13 (b) A state agency shall maintain receipts collected from
5-14 current officers and employees under this section in a manner
5-15 accessible for public inspection.
5-16 SECTION 2. Section 653.009, Government Code, is amended to
5-17 read as follows:
5-18 Sec. 653.009. PAYMENT OF PREMIUMS. The state, as
5-19 beneficiary, shall pay premiums on bonds under this chapter from:
5-20 (1) money appropriated by the legislature for that
5-21 purpose;
5-22 (2) money appropriated by the legislature to a state
5-23 agency that may be used for:
5-24 (A) administration or administration expense;
5-25 (B) operation expense;
5-26 (C) general operation expense;
5-27 (D) maintenance;
6-1 (E) miscellaneous expense; or
6-2 (F) contingencies; or
6-3 (3) money of a state agency that:
6-4 (A) is outside the state treasury; and
6-5 (B) may be used by the agency for operational
6-6 expenses of the agency.
6-7 SECTION 3. Subtitle C, Title 10, Government Code, is amended
6-8 by adding Chapter 2113 to read as follows:
6-9 CHAPTER 2113. USE OF APPROPRIATED MONEY
6-10 SUBCHAPTER A. GENERAL PROVISIONS
6-11 Sec. 2113.001. DEFINITIONS. In this chapter:
6-12 (1) "Appropriated money" means money appropriated by
6-13 the legislature through the General Appropriations Act or other
6-14 law.
6-15 (2) "State agency" means:
6-16 (A) a department, commission, board, office, or
6-17 other entity in the executive branch of state government;
6-18 (B) the supreme court, the court of criminal
6-19 appeals, another entity in the judicial branch of state government
6-20 with statewide authority, or a court of appeals; or
6-21 (C) a university system or an institution of
6-22 higher education as defined by Section 61.003, Education Code,
6-23 except that a public junior college is excluded from the meaning of
6-24 the term in Subchapter D and all of Subchapter C except Section
6-25 2113.101.
6-26 (Sections 2113.002 to 2113.010 reserved for expansion
7-1 SUBCHAPTER B. RESTRICTIONS ON OFFICERS AND EMPLOYEES
7-2 Sec. 2113.011. PUBLICITY. (a) A state agency may not use
7-3 appropriated money to publicize or direct attention to an
7-4 individual officer or employee of state government.
7-5 (b) A state agency may not use appropriated money to:
7-6 (1) maintain a publicity office or department;
7-7 (2) employ an individual who has the title or duties
7-8 of a public relations or press agent; or
7-9 (3) pay a public relations agent or business.
7-10 (c) Subject to Section 2113.107(d), the executive head of a
7-11 state agency who considers it necessary or in the public interest
7-12 may issue through agency channels oral or written information
7-13 relating to the activities or legal responsibilities of the
7-14 agency. The information must be issued in the name of the state
7-15 agency and include the name of the individual authorized to issue
7-16 the information.
7-17 (d) An institution of higher education may operate a news
7-18 and information service for the benefit of the public if the
7-19 operation has been authorized and approved by the institution's
7-20 governing body.
7-21 (e) This section does not prohibit the use of appropriated
7-22 money for publicity functions authorized under Chapter 193, Acts of
7-23 the 56th Legislature, Regular Session, 1959 (Article 6144e,
7-24 Vernon's Texas Civil Statutes).
7-25 Sec. 2113.012. USE OF ALCOHOLIC BEVERAGES. A state agency
7-26 may not use appropriated money to compensate an officer or employee
7-27 who uses alcoholic beverages on active duty.
8-1 Sec. 2113.013. USE OF MOTOR VEHICLE. (a) Except as
8-2 provided by Subsection (b), an officer or employee of a state
8-3 agency may not use a state-owned or state-leased motor vehicle
8-4 except on official state business.
8-5 (b) The administrative head of a state agency may authorize
8-6 an officer or employee to use a state-owned or state-leased motor
8-7 vehicle to commute to and from work when the administrative head
8-8 determines that the use may be necessary to ensure that vital
8-9 agency functions are performed. The name and job title of each
8-10 individual authorized under this subsection, and the reasons for
8-11 the authorization, must be included in the annual report required
8-12 by law.
8-13 (c) A state agency may not use appropriated money to
8-14 compensate an individual who violates Subsection (a).
8-15 Sec. 2113.014. EMPLOYEE STANDARDS OF CONDUCT. (a) A state
8-16 agency may not use appropriated money to compensate a state
8-17 employee who violates a standard of conduct described by Section
8-18 572.051.
8-19 (b) A state agency shall provide each state employee it
8-20 employs a copy of this section and the standards of conduct
8-21 described by Section 572.051 and require a signed receipt on
8-22 delivery. A new copy and receipt are required if one of those
8-23 provisions is changed.
8-24 (c) A state agency shall maintain receipts collected from
8-25 current state employees under this section in a manner accessible
8-26 for public inspection.
8-27 (Sections 2113.015 to 2113.100 reserved for expansion
9-1 SUBCHAPTER C. RESTRICTIONS ON GOODS AND SERVICES
9-2 Sec. 2113.101. ALCOHOLIC BEVERAGES. A state agency may not
9-3 use appropriated money to purchase an alcoholic beverage except for
9-4 authorized law enforcement purposes. A state agency may not use
9-5 appropriated money to pay or reimburse a travel expense that was
9-6 incurred for an alcoholic beverage.
9-7 Sec. 2113.102. AUDITS. (a) A state agency may not use
9-8 appropriated money to contract with a person to audit the financial
9-9 records or accounts of the agency except as provided by:
9-10 (1) Subsections (b), (c), and (d);
9-11 (2) Chapter 466, pertaining to the state lottery;
9-12 (3) Chapter 2306, pertaining to the Texas Department
9-13 of Housing and Community Affairs; and
9-14 (4) Chapter 361, Transportation Code, pertaining to
9-15 the Texas Turnpike Authority division of the Texas Department of
9-16 Transportation.
9-17 (b) A state agency may use appropriated money to finance a
9-18 supplemental audit of payments received from the government of the
9-19 United States if the audit is required as a condition of receipt of
9-20 the money and an amount for the audit is provided by the federal
9-21 grant, allocation, aid, or other payment.
9-22 (c) A state agency providing grants, loans, or other money
9-23 to an entity other than a state agency may require, as a condition
9-24 of receipt of the money, that the recipient have an annual,
9-25 independent audit performed and submitted to the agency. An agency
9-26 may require its internal audit staff to make an annual inspection
9-27 visit to the recipient of the money. After notice of the meeting
10-1 of the governing body of an agency at which the matter will be
10-2 included on the agenda, the agency shall take action on any
10-3 exceptions noted in independent audits received under this
10-4 subsection and provide documentation of that action to the state
10-5 auditor, the Legislative Audit Committee, the Legislative Budget
10-6 Board, and the budget division of the governor's office.
10-7 (d) Subsection (a) does not apply to the appointment of an
10-8 internal auditor under Section 2102.006 or to a contract with the
10-9 state auditor.
10-10 Sec. 2113.103. POSTAGE AND POSTAL SERVICES. (a) A state
10-11 agency should use the most cost-effective means of postal service
10-12 available. A state agency may use appropriated money to purchase
10-13 any form of mailing service available from the United States Postal
10-14 Service that results in lower cost to the agency and affords
10-15 service comparable in quality to other available postal services.
10-16 The General Services Commission shall assist state agencies in
10-17 determining the types and comparability of postal services
10-18 available from the United States Postal Service.
10-19 (b) Except as provided by Subsections (c) and (d), a state
10-20 agency may use appropriated money to purchase postage or rent a
10-21 post office box only from the United States Postal Service.
10-22 (c) An agency other than an institution of higher education
10-23 as defined by Section 61.003, Education Code, that spends for
10-24 postage in a fiscal year an amount that exceeds the dollar amount
10-25 set by the General Appropriations Act as the maximum expenditure
10-26 for postage shall purchase or rent a postage meter machine and
10-27 record all purchases of postage on the machine except purchases of
11-1 postage for employees in field offices and traveling employees.
11-2 The rental of a postage meter machine by a state agency, including
11-3 an institution of higher education, the legislature, or an agency
11-4 in the legislative branch of state government, must be from a
11-5 company approved by the General Services Commission. The General
11-6 Services Commission by rule shall adopt procedures for the renting
11-7 entity to pay for postage.
11-8 (d) Subsection (b) does not apply to a reimbursement:
11-9 (1) to an authorized petty cash account;
11-10 (2) to a state employee for an emergency purchase of
11-11 postage or emergency payment of post office box rent;
11-12 (3) that is received by a state agency for authorized
11-13 services and is appropriated directly to the receiving agency; or
11-14 (4) under a contract for mailing services that may
11-15 include postage, if the contract has been approved by the General
11-16 Services Commission.
11-17 Sec. 2113.104. MEMBERSHIPS IN AND DUES FOR PROFESSIONAL
11-18 ORGANIZATIONS. (a) Except as provided by Subsection (b), a state
11-19 agency may not use appropriated money to pay for membership in or
11-20 dues for a professional organization unless the administrative head
11-21 of the agency, or that person's designee, first reviews and
11-22 approves the expenditure.
11-23 (b) This section does not apply to a state library.
11-24 Sec. 2113.105. INDOOR PLANTS. A state agency may not use
11-25 appropriated money to purchase, lease, or maintain a live or
11-26 artificial indoor plant unless the agency is an institution of
11-27 higher education and the plant is to be used for educational or
12-1 research purposes.
12-2 Sec. 2113.106. STATE FACILITIES FOR MEETINGS, CONFERENCES,
12-3 AND EXAMINATIONS. A state agency shall use state-owned or
12-4 state-occupied facilities for meetings, conferences, and
12-5 administration of group examinations and may not use appropriated
12-6 money to lease private facilities for these purposes unless state
12-7 facilities are not available when needed, are not adequate to
12-8 accommodate the meeting, conference, or examination, or are not an
12-9 economically favorable alternative to other facilities.
12-10 Sec. 2113.107. PERIODICALS AND OTHER PUBLICATIONS.
12-11 (a) Except as provided by Subsection (b), a state agency may not
12-12 use appropriated money to publish a periodical or other publication
12-13 the cost of which is not reimbursed through revenue attributable to
12-14 its publication and sale if the publication is:
12-15 (1) intended for use by the general public;
12-16 (2) generally informational, promotional, or
12-17 educational; and
12-18 (3) not essential to the achievement of a statutory
12-19 objective of the agency.
12-20 (b) Subsection (a) does not apply to:
12-21 (1) Texas Highways magazine;
12-22 (2) the Texas Parks and Wildlife magazine;
12-23 (3) publications of the Texas Commission on Alcohol
12-24 and Drug Abuse;
12-25 (4) attorney general opinions, advisories, and
12-26 decisions;
12-27 (5) comptroller opinions, revenue forecasts, and
13-1 fiscal analyses;
13-2 (6) newsletters;
13-3 (7) compilations of statutes or rules; or
13-4 (8) annual reports and other materials that are
13-5 required by law and the content of which includes only topics
13-6 provided by law.
13-7 (c) A state agency may not use appropriated money to publish
13-8 a publication that prominently displays the name or picture of a
13-9 person holding an office elected statewide or an appointed officer.
13-10 In this subsection "appointed officer" has the meaning assigned by
13-11 Section 572.002. This subsection does not apply to the official
13-12 state travel map published by the Texas Department of
13-13 Transportation.
13-14 (d) A state agency of which the executive head is an elected
13-15 officer may not use appropriated money to publish a publication
13-16 relating to the activities or legal responsibilities of the agency
13-17 within the 120-day period preceding the date of an election at
13-18 which the office held by the executive head will be filled.
13-19 (e) Except as provided by Subsection (f), a state agency may
13-20 not use appropriated money to publish a publication on
13-21 enamel-coated, cast-coated, or dull-coated printing stock or that
13-22 contains an average of more than one picture for each two pages of
13-23 the publication unless the agency imposes a fee for the publication
13-24 in an amount that recovers the cost of publication.
13-25 (f) Subsection (e) does not apply to a publication designed
13-26 to promote tourism or economic development, a publication of the
13-27 Texas School for the Deaf or the Texas School for the Blind and
14-1 Visually Impaired, or a publication of an institution of higher
14-2 education.
14-3 (g) A state agency or political subdivision that uses an
14-4 appropriation to publish free periodicals quarterly or more
14-5 frequently shall insert annually in three consecutive issues a
14-6 notice that anyone wishing to continue receiving the periodical
14-7 must so request in writing. The agency shall provide future issues
14-8 of the periodical only to persons who have requested it.
14-9 (Sections 2113.108 to 2113.200 reserved for expansion
14-10 SUBCHAPTER D. SPECIFICALLY AUTHORIZED USES OF
14-11 GOODS AND SERVICES
14-12 Sec. 2113.201. EMPLOYEE AWARDS. (a) A state agency may use
14-13 appropriated money to purchase service awards, safety awards, or
14-14 other similar awards to be presented to its employees for
14-15 professional achievement or outstanding service under policies
14-16 adopted by the agency.
14-17 (b) The cost of awards purchased under this section may not
14-18 exceed $50 for an individual employee.
14-19 Sec. 2113.202. VOLUNTEER AWARDS. (a) A state agency may
14-20 use appropriated money to purchase engraved certificates, plaques,
14-21 pins, or other similar awards to be presented to volunteers for
14-22 special achievement or outstanding service if the agency has
14-23 established a volunteer program under Chapter 2109 or other law.
14-24 (b) The cost of awards purchased under this section may not
14-25 exceed $50 for an individual volunteer.
14-26 Sec. 2113.203. EXAMINATION FEES. A state agency that
14-27 conducts examinations shall collect all fees charged to the person
15-1 being examined for each examination, including the cost of a
15-2 standardized examination instrument, and use appropriated money to
15-3 pay a provider of goods or services for a cost incurred by the
15-4 agency providing the examination.
15-5 Sec. 2113.204. MOVING EXPENSES OF STATE EMPLOYEES. To the
15-6 extent specifically authorized by the General Appropriations Act, a
15-7 state agency may use appropriated money to pay reasonable and
15-8 necessary moving expenses incurred by a state employee.
15-9 Sec. 2113.205. CERTAIN EXPENDITURES INVOLVING TWO FISCAL
15-10 YEARS. The comptroller shall adopt rules to permit state agencies
15-11 to use money appropriated for a particular fiscal year to pay
15-12 expenses related to conducting or attending seminars and
15-13 conferences that will not occur until the next fiscal year in
15-14 circumstances when it is cost-effective to do so. The comptroller
15-15 also shall adopt rules to permit state agencies to use money
15-16 appropriated for a particular fiscal year to pay expenses for items
15-17 such as periodical subscriptions and monthly utility charges in
15-18 circumstances when the billing or subscription period extends to
15-19 the next fiscal year.
15-20 SECTION 4. This section provides, for information purposes
15-21 only, a derivation table for provisions of the General
15-22 Appropriations Act that are codified in general law by other
15-23 sections of this Act. The first column identifies the codified
15-24 law; all references are to the Government Code unless otherwise
15-25 expressly noted. The second column identifies for each codified
15-26 law the applicable source provision in Article IX of the General
15-27 Appropriations Act for the fiscal biennium ending August 31, 1999
16-1 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
16-2 1997).
16-3 Codified Law Source Provision
16-4 Sec. 556.001 drafting convenience
16-5 Sec. 556.002(a) Sec. 5, 9th par.
16-6 Sec. 556.002(b) Sec. 5, 8th par.
16-7 Sec. 556.004(a) Sec. 5, 2nd par.
16-8 Sec. 556.004(b) Sec. 5, 5th par., last
16-9 clause
16-10 Sec. 556.004(c) Sec. 5, 1st par., 1st
16-11 clause
16-12 Sec. 556.005(a) Sec. 5, 3rd par.
16-13 Sec. 556.005(b) Sec. 5, 4th par.
16-14 Sec. 556.007 existing Sec. 556.005,
16-15 Govt. Code; Sec. 5,
16-16 1st par., last sent.
16-17 Sec. 556.008 Sec. 5, 6th par.
16-18 Sec. 556.009 Sec. 5, 7th par.
16-19 Sec. 653.009 Sec. 12, 2nd par.
16-20 Sec. 2113.001 drafting convenience
16-21 Sec. 2113.011 Sec. 7
16-22 Sec. 2113.012 Sec. 11, 1st sent.
16-23 Sec. 2113.013(a) Sec. 5, 5th par., 1st
16-24 clause
16-25 Sec. 2113.013(b) Sec. 20.4
16-26 Sec. 2113.013(c) Sec. 5, 6th par.
16-27 Sec. 2113.014 Sec. 6
17-1 Sec. 2113.101 Sec. 11, 2nd & 3rd sent.
17-2 Secs. 2113.102(a), (d) Sec. 37, 1st par.,
17-3 1st sent.
17-4 Sec. 2113.102(b) Sec. 37, 3rd par.
17-5 Sec. 2113.102(c) Sec. 37, 4th par.
17-6 Sec. 2113.103(a) Sec. 38, last par.; Sec.
17-7 132
17-8 Secs. 2113.103(b)-(d) Sec. 38, 1st, 2nd, & 4th
17-9 par.
17-10 Sec. 2113.104 Sec. 151
17-11 Sec. 2113.105 Sec. 54
17-12 Sec. 2113.106 Sec. 162
17-13 Sec. 2113.107 Sec. 41
17-14 Sec. 2113.201 Sec. 12, 3rd par.
17-15 Sec. 2113.202 Sec. 12, 4th par.
17-16 Sec. 2113.203 Sec. 142
17-17 Sec. 2113.204 Sec. 19
17-18 Sec. 2113.205 Sec. 74
17-19 SECTION 5. This Act does not affect the authority of
17-20 institutions of higher education to collect, account for, and
17-21 control local funds and institutional funds in the manner
17-22 authorized by Subchapter A, Chapter 51, Education Code.
17-23 SECTION 6. This Act takes effect September 1, 1999, and
17-24 applies only to an expenditure made on or after that date.
17-25 SECTION 7. The importance of this legislation and the
17-26 crowded condition of the calendars in both houses create an
17-27 emergency and an imperative public necessity that the
18-1 constitutional rule requiring bills to be read on three several
18-2 days in each house be suspended, and this rule is hereby suspended.