76R14839 JRD-F
By Ratliff S.B. No. 178
Substitute the following for S.B. No. 178:
By Junell C.S.S.B. No. 178
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codification of certain state agency practices and
1-3 duties currently prescribed by the General Appropriations Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 101.027, Civil Practice
1-6 and Remedies Code, is amended to read as follows:
1-7 (a) Each governmental unit other than a unit of state
1-8 government may purchase insurance policies protecting the unit and
1-9 the unit's employees against claims under this chapter. A unit of
1-10 state government may purchase such a policy only to the extent that
1-11 the unit is authorized or required to do so under other law.
1-12 SECTION 2. Section 106.001, Civil Practice and Remedies
1-13 Code, is amended by adding Subsection (c) to read as follows:
1-14 (c) This section does not prohibit the adoption of a program
1-15 designed to increase the participation of businesses owned and
1-16 controlled by women, minorities, or disadvantaged persons in public
1-17 contract awards.
1-18 SECTION 3. Chapter 306, Government Code, is amended by
1-19 adding Section 306.007 to read as follows:
1-20 Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE
1-21 TO LEGISLATURE. A state officer or board, commission, or other
1-22 agency in the executive branch of state government, and an agency
1-23 in the judicial branch of state government other than a court,
1-24 shall make reports required by law and minutes of meetings of the
2-1 agency's governing body available to members of the legislature and
2-2 to agencies in the legislative branch of state government in an
2-3 electronic format determined by the Texas Legislative Council.
2-4 SECTION 4. Subsection (c), Section 321.013, Government Code,
2-5 is amended to read as follows:
2-6 (c) The State Auditor shall recommend [determine] the audit
2-7 plan for the state for each fiscal year to the committee. In
2-8 devising the plan, the State Auditor shall consider recommendations
2-9 concerning coordination of agency functions made jointly by
2-10 representatives [the committee composed] of the Legislative Budget
2-11 Board, Sunset Advisory Commission, and State Auditor's Office. The
2-12 State Auditor shall also consider the extent to which a department
2-13 has received a significant increase in appropriations, including a
2-14 significant increase in federal or other money passed through to
2-15 the department, and shall review procurement activities for
2-16 compliance with Section 2161.123. The plan shall provide for
2-17 auditing of federal programs at least once in each fiscal biennium
2-18 and shall ensure that audit requirements of all bond covenants and
2-19 other credit or financial agreements are satisfied. The committee
2-20 shall review and approve the plan.
2-21 SECTION 5. Subsection (c), Section 321.014, Government Code,
2-22 is amended to read as follows:
2-23 (c) The State Auditor shall submit each report to the
2-24 committee prior to publication. The State Auditor shall file a
2-25 copy of each report prepared under this section with:
2-26 (1) the governor;
2-27 (2) the lieutenant governor;
3-1 (3) the speaker of the house of representatives;
3-2 (4) the secretary of state;
3-3 (5) the Legislative Reference Library;
3-4 (6) each member of [the chairman of] the governing
3-5 body and the administrative head of each entity that is the subject
3-6 of the report; and
3-7 (7) members of the legislature on a committee with
3-8 oversight responsibility for the entity or program that is the
3-9 subject of the report.
3-10 SECTION 6. Section 325.011, Government Code, is amended to
3-11 read as follows:
3-12 Sec. 325.011. Criteria for Review. The commission and its
3-13 staff shall consider the following criteria in determining whether
3-14 a public need exists for the continuation of a state agency or its
3-15 advisory committees or for the performance of the functions of the
3-16 agency or its advisory committees:
3-17 (1) the efficiency with which the agency or advisory
3-18 committee operates;
3-19 (2) an identification of the objectives intended for
3-20 the agency or advisory committee and the problem or need that the
3-21 agency or advisory committee was intended to address, the extent to
3-22 which the objectives have been achieved, and any activities of the
3-23 agency in addition to those granted by statute and the authority
3-24 for these activities;
3-25 (3) an assessment of less restrictive or alternative
3-26 methods of performing any regulation that the agency performs that
3-27 could adequately protect the public;
4-1 (4) the extent to which the advisory committee is
4-2 needed and is used;
4-3 (5) the extent to which the jurisdiction of the agency
4-4 and the programs administered by the agency overlap or duplicate
4-5 those of other agencies and the extent to which the programs
4-6 administered by the agency can be consolidated with the programs of
4-7 other state agencies;
4-8 (6) whether the agency has recommended to the
4-9 legislature statutory changes calculated to be of benefit to the
4-10 public rather than to an occupation, business, or institution that
4-11 the agency regulates;
4-12 (7) the promptness and effectiveness with which the
4-13 agency disposes of complaints concerning persons affected by the
4-14 agency;
4-15 (8) the extent to which the agency has encouraged
4-16 participation by the public in making its rules and decisions as
4-17 opposed to participation solely by those it regulates and the
4-18 extent to which the public participation has resulted in rules
4-19 compatible with the objectives of the agency;
4-20 (9) the extent to which the agency has complied with
4-21 applicable requirements of:
4-22 (A) an agency of the United States or of this
4-23 state regarding equality of employment opportunity and the rights
4-24 and privacy of individuals; and
4-25 (B) state law and applicable rules of any state
4-26 agency regarding purchasing goals and programs for historically
4-27 underutilized businesses;
5-1 (10) the extent to which changes are necessary in the
5-2 enabling statutes of the agency so that the agency can adequately
5-3 comply with the criteria listed in this section;
5-4 (11) the extent to which the agency issues and
5-5 enforces rules relating to potential conflicts of interest of its
5-6 employees;
5-7 (12) the extent to which the agency complies with
5-8 Chapter 552, and with Chapter 551; and
5-9 (13) the effect of federal intervention or loss of
5-10 federal funds if the agency is abolished.
5-11 SECTION 7. Subchapter F, Chapter 403, Government Code, is
5-12 amended by adding Section 403.097 to read as follows:
5-13 Sec. 403.097. FUNDS EXPENDED IN PROPORTION TO METHOD OF
5-14 FINANCING. (a) The comptroller may prescribe rules to ensure
5-15 that, when it is necessary to preserve cash balances in the funds
5-16 and accounts in the state treasury, appropriations are drawn from
5-17 the treasury in proportion to the methods of financing specified in
5-18 the Acts authorizing the appropriations.
5-19 (b) The rules may include procedures relating to the deposit
5-20 of receipts and the issuance of warrants.
5-21 (c) This section does not affect other powers of the
5-22 comptroller under this subchapter, Subchapter H of Chapter 404, or
5-23 other law.
5-24 (d) This section does not apply if the method of financing
5-25 specified for an agency or an institution of higher education in
5-26 the Act authorizing appropriations includes interest earned or to
5-27 be earned on local funds of the agency or institution.
6-1 SECTION 8. Subsection (b), Section 403.245, Government Code,
6-2 is amended to read as follows:
6-3 (b) The replenishment of a petty cash account is an
6-4 expenditure from the corresponding fund and shall be drawn from the
6-5 appropriation from which the expenditure would otherwise have been
6-6 made.
6-7 SECTION 9. Section 771.008, Government Code, is amended by
6-8 adding Subsection (d) to read as follows:
6-9 (d) This subsection applies only if the services or
6-10 resources are provided under a written contract or agreement. The
6-11 receiving agency shall reimburse the providing agency within 30
6-12 days after the date by which the services or resources are provided
6-13 and an invoice is received. If the receiving agency does not
6-14 accept the services or resources or finds an error in the invoice,
6-15 it shall notify the providing agency of the fact in writing as soon
6-16 as possible within the 30-day period and make payment within 10
6-17 days after the date the agencies agree the problems are corrected
6-18 or the error resolved. If the agencies cannot agree on the amount
6-19 of the reimbursement, the comptroller shall determine the
6-20 appropriate amount. If the receiving agency does not, within the
6-21 30-day period, reimburse the providing agency or give the providing
6-22 agency written notice of a problem or error, the comptroller on
6-23 request of the providing agency may transfer from amounts
6-24 appropriated to the receiving agency the appropriate amount in
6-25 accordance with this section.
6-26 SECTION 10. Subdivision (7), Section 811.001, Government
6-27 Code, is amended to read as follows:
7-1 (7) "Compensation" means the base salary of a person;
7-2 amounts that would otherwise qualify as compensation but are not
7-3 received directly by a person pursuant to a good faith, voluntary,
7-4 written salary reduction agreement in order to finance payments to
7-5 a deferred compensation or tax sheltered annuity program
7-6 specifically authorized by state law or to finance benefit options
7-7 under a cafeteria plan qualifying under Section 125 of the Internal
7-8 Revenue Code of 1986 (26 U.S.C. Section 125); longevity and
7-9 hazardous duty pay; nonmonetary compensation, the value of which
7-10 is determined by the retirement system; amounts by which a person's
7-11 salary is reduced under a salary reduction agreement authorized by
7-12 Chapter 610; and the benefit replacement pay a person earns under
7-13 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
7-14 74th Legislature, 1995, except for the benefit replacement pay a
7-15 person earns as a result of a payment made under Subchapter B, C,
7-16 or D, Chapter 661. The term excludes overtime pay and a cleaning
7-17 or clothing allowance.
7-18 SECTION 11. (a) Subchapter B, Chapter 2001, Government
7-19 Code, is amended by adding Section 2001.039 to read as follows:
7-20 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES. (a) A
7-21 state agency shall review and consider for readoption each of its
7-22 rules in accordance with this section.
7-23 (b) A state agency shall review a rule not later than the
7-24 fourth anniversary of the date on which the rule takes effect and
7-25 every four years after that date. The adoption of an amendment to
7-26 an existing rule does not affect the dates on which the rule must
7-27 be reviewed except that the effective date of an amendment is
8-1 considered to be the effective date of the rule if the agency
8-2 formally conducts a review of the rule in accordance with this
8-3 section as part of the process of adopting the amendment.
8-4 (c) The state agency shall readopt, readopt with amendments,
8-5 or repeal a rule as the result of reviewing the rule under this
8-6 section.
8-7 (d) The procedures of this subchapter relating to the
8-8 original adoption of a rule apply to the review of a rule and to
8-9 the resulting repeal, readoption, or readoption with amendments of
8-10 the rule, except as provided by this subsection. Publishing the
8-11 Texas Administrative Code citation to a rule under review satisfies
8-12 the requirements of this subchapter relating to publishing the text
8-13 of the rule unless the agency readopts the rule with amendments as
8-14 a result of the review.
8-15 (e) A state agency's review of a rule must include an
8-16 assessment of whether the reasons for initially adopting the rule
8-17 continue to exist.
8-18 (b) The duties prescribed by this subsection apply only to
8-19 state agency rules that are in effect on September 1, 1999, and
8-20 that have not already been reviewed in accordance with Section 167,
8-21 Article IX, Chapter 1452, Acts of the 75th Legislature, Regular
8-22 Session, 1997 (General Appropriations Act). A state agency shall
8-23 review each of those rules in accordance with Section 2001.039,
8-24 Government Code, as added by this Act, and in accordance with this
8-25 subsection not later than August 31, 2003. Not later than August
8-26 31, 2000, each state agency shall develop and send to the secretary
8-27 of state for publication in the Texas Register a plan under which
9-1 the agency will review its existing rules. The plan must state for
9-2 each of those rules the date by which the state agency will begin
9-3 the review required by Section 2001.039, Government Code, as added
9-4 by this Act.
9-5 (c) For purposes of subsequent reviews under Section
9-6 2001.039, Government Code, as added by this Act, the effective date
9-7 of an existing rule initially reviewed under Subsection (b) of this
9-8 section or under Section 167, Article IX, Chapter 1452, Acts of the
9-9 75th Legislature, Regular Session, 1997 (General Appropriations
9-10 Act), is considered to be the date on which the state agency begins
9-11 the review of the rule by publishing in the Texas Register the
9-12 notice for the review required under Section 2001.024, Government
9-13 Code, through either Subsection (d), Section 2001.039 or Section
9-14 167.
9-15 SECTION 12. Subchapter D, Chapter 2052, Government Code, is
9-16 amended by adding Section 2052.304 to read as follows:
9-17 Sec. 2052.304. USE OF CERTAIN PRINTING STOCK. (a) A state
9-18 officer or board, court, commission, or other agency in the
9-19 executive or judicial branch of state government may not publish a
9-20 report or other printed materials on enamel-coated, cast-coated, or
9-21 dull-coated printing stock unless the agency imposes a fee for
9-22 receipt of the printed materials.
9-23 (b) This section does not apply to a publication that
9-24 promotes tourism or economic development.
9-25 SECTION 13. Subdivision (6), Section 2054.003, Government
9-26 Code, is amended to read as follows:
9-27 (6) "Information resources" means the procedures,
10-1 equipment, and software that are employed, designed, built,
10-2 operated, and maintained to collect, record, process, store,
10-3 retrieve, display, and transmit information, and associated
10-4 personnel including consultants and contractors.
10-5 SECTION 14. Subchapter F, Chapter 2054, Government Code, is
10-6 amended by adding Sections 2054.121 and 2054.122 to read as
10-7 follows:
10-8 Sec. 2054.121. COORDINATION AMONG INSTITUTIONS OF HIGHER
10-9 EDUCATION. An institution of higher education shall coordinate its
10-10 use of information technologies with other such institutions to
10-11 more effectively provide education, research, and community
10-12 service.
10-13 Sec. 2054.122. COORDINATED TECHNOLOGY TRAINING. A state
10-14 agency each calendar quarter shall coordinate agency training for
10-15 the use of information resources technologies with training offered
10-16 or coordinated by the department. The agency shall use training
10-17 offered or coordinated by the department if it meets agency
10-18 requirements and is cost-competitive.
10-19 SECTION 15. Subchapter C, Chapter 2101, Government Code, is
10-20 amended by adding Section 2101.0377 to read as follows:
10-21 Sec. 2101.0377. REPORTING ACCOUNTING IRREGULARITIES TO STATE
10-22 AUDITOR. On determining that a state agency, as defined by Section
10-23 658.001, or an institution of higher education, as defined by
10-24 Section 61.003, Education Code, has inaccurately reported the
10-25 expenditure of appropriated funds or engaged in recurring
10-26 accounting irregularities, the comptroller shall report the agency
10-27 or institution to the state auditor for appropriate action,
11-1 including a comprehensive financial audit.
11-2 SECTION 16. Subchapter B, Chapter 2155, Government Code, is
11-3 amended by adding Section 2155.084 to read as follows:
11-4 Sec. 2155.084. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
11-5 commission or the governing body of an institution of higher
11-6 education may negotiate purchases of goods of any kind needed by a
11-7 state agency or the institution of higher education with the
11-8 appropriate agency of the federal government. The governing body
11-9 of an institution of higher education may act under this section
11-10 either directly or through the commission or another state agency.
11-11 (b) The price of goods that are purchased from the federal
11-12 government may not exceed the fair market value of the goods.
11-13 (c) In negotiating purchases of goods from the federal
11-14 government under this section or under Subchapter G, Chapter 2175,
11-15 the commission or the governing body of the institution of higher
11-16 education may waive the requirement of a bidder's bond and
11-17 performance bond that otherwise would be required.
11-18 SECTION 17. Subsection (a), Section 2155.132, Government
11-19 Code, is amended to read as follows:
11-20 (a) A state agency is delegated the authority to purchase
11-21 goods and services if the purchase does not exceed $15,000. If the
11-22 commission determines that a state agency has not followed the
11-23 commission's rules or the laws related to the delegated purchases,
11-24 the commission shall report its determination to the members of the
11-25 state agency's governing body and to the governor, lieutenant
11-26 governor, speaker of the house of representatives, and Legislative
11-27 Budget Board.
12-1 SECTION 18. Section 2155.268, Government Code, is amended to
12-2 read as follows:
12-3 Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST. (a) A
12-4 state agency may not maintain and use its own bidders list [only if
12-5 the commission determines by rule that the agency has specialized
12-6 needs that can best be met through maintaining and using its own
12-7 specialized bidders list]. The prohibition of this subsection does
12-8 not apply to the Texas Department of Transportation or to an
12-9 institution of higher education as defined by Section 61.003,
12-10 Education Code, but an institution of higher education should use
12-11 the master bidders list when possible.
12-12 (b) [The commission by rule may prescribe the categories of
12-13 purchases or other acquisitions for which a state agency's
12-14 specialized bidders list may be used.]
12-15 [(c)] A state agency may supplement the bidders list with
12-16 its own list of historically underutilized businesses if it
12-17 determines that the supplementation will increase the number of
12-18 historically underutilized businesses that submit bids.
12-19 (c) [(d)] A state agency may purchase goods and services
12-20 from a vendor who is not on the bidders list if the purchase price
12-21 does not exceed $5,000.
12-22 SECTION 19. Subchapter H, Chapter 2155, Government Code, is
12-23 amended by adding Section 2155.4441 to read as follows:
12-24 Sec. 2155.4441. PREFERENCE UNDER SERVICE CONTRACTS. A state
12-25 agency that contracts for services shall require the contractor, in
12-26 performing the contract, to purchase products and materials
12-27 produced in this state when they are available at a price and time
13-1 comparable to products and materials produced outside this state.
13-2 SECTION 20. Subchapter A, Chapter 2158, Government Code, is
13-3 amended by adding Section 2158.0031 to read as follows:
13-4 Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES.
13-5 A state agency authorized to purchase passenger vehicles or other
13-6 ground transportation vehicles for general use shall purchase
13-7 economical, fuel-efficient vehicles assembled in the United States
13-8 unless such a purchase would have a significant detrimental effect
13-9 on the use to which the vehicles will be put.
13-10 SECTION 21. Sections 2161.001(2) and (3), Government Code,
13-11 are amended to read as follows:
13-12 (2) "Historically underutilized business" means an
13-13 entity with its principal place of business in this state that is:
13-14 (A) a corporation formed for the purpose of
13-15 making a profit in which 51 percent or more of all classes of the
13-16 shares of stock or other equitable securities are owned by one or
13-17 more economically [socially] disadvantaged persons who have a
13-18 proportionate interest and actively participate in the
13-19 corporation's control, operation, and management;
13-20 (B) a sole proprietorship created for the
13-21 purpose of making a profit that is completely owned, operated, and
13-22 controlled by an economically [a socially] disadvantaged person;
13-23 (C) a partnership formed for the purpose of
13-24 making a profit in which 51 percent or more of the assets and
13-25 interest in the partnership are owned by one or more economically
13-26 [socially] disadvantaged persons who have a proportionate interest
13-27 and actively participate in the partnership's control, operation,
14-1 and management;
14-2 (D) a joint venture in which each entity in the
14-3 venture is a historically underutilized business, as determined
14-4 under another paragraph of this subdivision; or
14-5 (E) a supplier contract between a historically
14-6 underutilized business as determined under another paragraph of
14-7 this subdivision and a prime contractor under which the
14-8 historically underutilized business is directly involved in the
14-9 manufacture or distribution of the goods or otherwise warehouses
14-10 and ships the goods.
14-11 (3) "Economically [Socially] disadvantaged person"
14-12 means a person who is economically [socially] disadvantaged because
14-13 of the person's identification as a member of a certain group,
14-14 including Black Americans, Hispanic Americans, women, Asian Pacific
14-15 Americans, and Native Americans, and who has suffered the effects
14-16 of discriminatory practices or other similar insidious
14-17 circumstances over which the person has no control.
14-18 SECTION 22. Section 2161.002, Government Code, is amended by
14-19 adding Subsection (c) to read as follows:
14-20 (c) In adopting rules to administer this chapter, the
14-21 commission shall adopt rules that are based on the results of the
14-22 "State of Texas Disparity Study, A Report to the Texas Legislature
14-23 as Mandated by H.B. 2626, 73rd Legislature, December 1994"
14-24 (prepared by National Economic Research Associates, Inc.). The
14-25 commission shall revise the rules in response to the findings of
14-26 any updates of the study that are prepared on behalf of the state.
14-27 SECTION 23. Subchapter A, Chapter 2161, Government Code, is
15-1 amended by adding Sections 2161.003, 2161.004, and 2161.005 to read
15-2 as follows:
15-3 Sec. 2161.003. AGENCY RULES. A state agency, including an
15-4 institution of higher education, shall adopt the commission's rules
15-5 under Section 2161.002 as the agency's or institution's own rules.
15-6 Those rules apply to the agency's construction projects and
15-7 purchases of goods and services paid for with appropriated money
15-8 without regard to whether a project or purchase is otherwise
15-9 subject to this subtitle.
15-10 Sec. 2161.004. APPLICABILITY; INTENT. (a) This chapter and
15-11 rules adopted by the commission under this chapter apply to state
15-12 agency construction projects and purchases of goods and services
15-13 that are paid for with appropriated money and made under the
15-14 authority of this subtitle or other law.
15-15 (b) The legislature intends that all qualified businesses
15-16 have access to compete for business from the state.
15-17 Sec. 2161.005. TRANSFER OF FUNDS FOR PURCHASING. If the
15-18 state auditor reports to the commission under Section 2161.123(d)
15-19 that a state agency is not complying with Section 2161.123, the
15-20 commission shall report that fact to the Legislative Budget Board.
15-21 If the Legislative Budget Board determines that, one year after the
15-22 date of the state auditor's report to the commission, the agency is
15-23 still not complying with Section 2161.123, the budget board may,
15-24 under Section 69, Article XVI, Texas Constitution, direct the
15-25 emergency transfer of the agency's appropriated funds for making
15-26 purchases under purchasing authority delegated under Section
15-27 2155.131 or 2155.133 to the appropriate state agency. The amount
16-1 transferred from the agency's funds to the appropriate agency shall
16-2 be an amount determined by the Legislative Budget Board.
16-3 SECTION 24. Section 2161.122, Government Code, is amended by
16-4 adding a new Subsection (c) and redesignating Subsections (c) and
16-5 (d) as Subsections (d) and (e) to read as follows:
16-6 (c) Each state agency shall report to the commission in
16-7 accordance with Section 2161.125 the following information with
16-8 regard to the expenditure of both treasury and nontreasury funds:
16-9 (1) the total dollar amount of purchases and payments
16-10 made under contracts awarded to historically underutilized
16-11 businesses;
16-12 (2) the number of businesses participating in any
16-13 issuance of state bonds by the agency;
16-14 (3) the number of contracts awarded to businesses with
16-15 regard to the agency's acquisition, construction, or equipping of a
16-16 facility or implementation of a program; and
16-17 (4) the number of bids, proposals, or other applicable
16-18 expressions of interest made by historically underutilized
16-19 businesses with regard to the agency's acquisition, construction,
16-20 or equipping of a facility or implementation of a program.
16-21 (d) A state agency participating in a group purchasing
16-22 program described under Section 2155.139(b) shall send to the
16-23 commission in the agency's report under Section 2161.121 a separate
16-24 list of purchases from historically underutilized businesses that
16-25 are made through the group purchasing program, including the dollar
16-26 amount of each purchase allocated to the reporting agency.
16-27 (e) [(d)] A state agency's report is a record of the
17-1 agency's purchases for which the agency selected the vendor. If
17-2 the vendor was selected by the commission as part of its state
17-3 contract program, the commission shall include the purchase in the
17-4 commission's report of its own purchases unless the commission made
17-5 a sole source purchase for the agency under Section 2155.067. The
17-6 state agency for which the purchase was made shall report the
17-7 selection of the vendor on its report as if the agency selected the
17-8 vendor when the agency drew specifications for goods or services
17-9 that are proprietary to one vendor.
17-10 SECTION 25. Section 2161.123, Government Code, is amended by
17-11 adding Subsections (d) and (e) to read as follows:
17-12 (d) The commission and the state auditor shall cooperate to
17-13 develop procedures to periodically monitor state agency compliance
17-14 with this section. The state auditor shall report to the
17-15 commission a state agency that is not complying with this section.
17-16 In determining whether a state agency is making a good faith effort
17-17 to comply, the state auditor shall consider whether the agency:
17-18 (1) has adopted rules under Section 2161.003; and
17-19 (2) has used the commission's directory under Section
17-20 2161.064 and other resources to identify historically underutilized
17-21 businesses that are able and available to contract with the agency.
17-22 (e) If the state auditor reports to the commission that a
17-23 state agency is not complying with this section, the commission
17-24 shall assist the agency in complying.
17-25 SECTION 26. Section 2161.181, Government Code, is amended to
17-26 read as follows:
17-27 Sec. 2161.181. GOALS FOR PURCHASES OF GOODS AND SERVICES. A
18-1 state agency, including the commission, shall make a good faith
18-2 effort to increase the [assist historically underutilized
18-3 businesses to receive not less than 30 percent of the total value
18-4 of all] contract awards for the purchase of goods or services that
18-5 the agency expects to make during a fiscal year to historically
18-6 underutilized businesses based on rules adopted by the commission
18-7 to implement the disparity study described by Section 2161.002(c).
18-8 SECTION 27. Section 2161.182(a), Government Code, is amended
18-9 to read as follows:
18-10 (a) A state agency that contracts for a construction
18-11 project, including a project under Section 2166.003, shall make a
18-12 good faith effort to increase the construction contract awards
18-13 [assist historically underutilized businesses to receive not less
18-14 than 30 percent of the total value of each construction contract
18-15 award] that the agency expects to make during a fiscal year to
18-16 historically underutilized businesses based on rules adopted by the
18-17 commission to implement the disparity study described by Section
18-18 2161.002(c).
18-19 SECTION 28. Subsection (c), Section 2165.104, Government
18-20 Code, is amended to read as follows:
18-21 (c) To the extent possible without sacrificing critical
18-22 public or client services, the commission may not allocate usable
18-23 office space, as defined by the commission, to a state agency under
18-24 Article I, [or] II, V, VI, VII, or VIII of the General
18-25 Appropriations Act or to the Texas Higher Education Coordinating
18-26 Board, the Texas Education Agency, the State Board for Educator
18-27 Certification, the Telecommunications Infrastructure Fund Board, or
19-1 the Office of Court Administration of the Texas Judicial System in
19-2 an amount that exceeds an average of 153 square feet per agency
19-3 employee for each agency site. To the extent that any of those
19-4 agencies allocates its own usable office space, as defined by the
19-5 commission, the agency shall allocate the space to achieve the
19-6 required ratio. This subsection does not apply to:
19-7 (1) an agency site at which fewer than 16 employees
19-8 are located;
19-9 (2) warehouse space;
19-10 (3) laboratory space;
19-11 (4) storage space exceeding 1,000 gross square feet;
19-12 (5) library space;
19-13 (6) space for hearing rooms used to conduct hearings
19-14 required under the administrative procedure law, Chapter 2001; or
19-15 (7) another type of space specified by commission
19-16 rule, if the commission determines that it is not practical to
19-17 apply this subsection to that space.
19-18 SECTION 29. Subchapter A, Chapter 2170, Government Code, is
19-19 amended by adding Sections 2170.009 and 2170.010 to read as
19-20 follows:
19-21 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
19-22 telephone may be located in the Capitol Complex only with the
19-23 approval of the commission. The commission shall collect the
19-24 revenue from the installation and operation of the pay telephone
19-25 and deposit it to the credit of the general revenue fund.
19-26 (b) In a state-owned or state-leased building or on
19-27 state-owned land to which Subsection (a) does not apply, a pay
20-1 telephone may be installed only with the approval of the governing
20-2 body of the state entity that has charge and control of the
20-3 building or land. The entity shall collect the revenue from the
20-4 installation and operation of the pay telephone and deposit it to
20-5 the credit of the general revenue fund unless the disposition of
20-6 the revenue is governed by other law.
20-7 (c) The commission or other state entity shall account for
20-8 the revenue collected under this section in the entity's annual
20-9 report.
20-10 Sec. 2170.010. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
20-11 state agency and its officers and employees may not buy, rent, or
20-12 pay toll charges for a telephone for which the telephone number is
20-13 not listed or available from directory assistance to the general
20-14 public unless the unlisted telephone number is used:
20-15 (1) to provide access to computers, telephone system
20-16 control centers, long-distance networks, elevator control systems,
20-17 and other tone-controlled devices for which restricted access to
20-18 the telephone number is justified for security or other purposes;
20-19 (2) in narcotics undercover operations; or
20-20 (3) in the detection of illegal sales of securities.
20-21 SECTION 30. Section 2170.051, Government Code, is amended to
20-22 read as follows:
20-23 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
20-24 commission shall manage the operation of a system of
20-25 telecommunications services for all state agencies. Each agency
20-26 shall identify its particular requirements for telecommunications
20-27 services and the site at which the services are to be provided.
21-1 (b) The commission shall fulfill the telecommunications
21-2 requirements of each state agency to the extent possible and to the
21-3 extent that money is appropriated or available for that purpose.
21-4 (c) A state agency shall use the consolidated
21-5 telecommunications system to the fullest extent possible. A state
21-6 agency may not acquire telecommunications services unless the
21-7 telecommunications planning group determines that the agency's
21-8 requirement for telecommunications services cannot be met at a
21-9 comparable cost by the consolidated telecommunications system.
21-10 (d) A state agency may not enter into or renew a contract
21-11 with a carrier or other provider of telecommunications services
21-12 without obtaining a waiver from the telecommunications planning
21-13 group certifying that the requested telecommunications services
21-14 cannot be provided at a comparable cost on the consolidated
21-15 telecommunications system. The telecommunications planning group
21-16 shall evaluate requests for waivers based on cost-effectiveness to
21-17 the state government as a whole. A waiver may be granted only for
21-18 a specific period and will automatically expire on the stated
21-19 expiration date unless an extension is approved by the
21-20 telecommunications planning group. A contract for
21-21 telecommunications services obtained under waiver may not extend
21-22 beyond the expiration date of the waiver. If the
21-23 telecommunications planning group becomes aware of any state agency
21-24 receiving telecommunications services without a waiver, the
21-25 telecommunications planning group shall notify the agency and the
21-26 comptroller. The state agency shall have 60 days after
21-27 notification by the telecommunications planning group in which to
22-1 submit a waiver request to the telecommunications planning group
22-2 documenting the agency's reasoning for bypassing the consolidated
22-3 telecommunications system and otherwise providing all information
22-4 required by the waiver application form.
22-5 SECTION 31. Subsection (b), Section 2170.057, Government
22-6 Code, is amended to read as follows:
22-7 (b) The comptroller shall establish in the state treasury a
22-8 revolving fund account for the administration of this chapter. The
22-9 account shall be used as a depository for money received from
22-10 entities served. Receipts attributable to the centralized capitol
22-11 complex telephone system shall be deposited into the account but
22-12 separately identified within the account.
22-13 SECTION 32. Section 2201.002, Government Code, is amended by
22-14 adding Subsection (c) to read as follows:
22-15 (c) The fund may not be used to pay salaries.
22-16 SECTION 33. Chapter 2203, Government Code, is amended by
22-17 adding Sections 2203.004 and 2203.005 to read as follows:
22-18 Sec. 2203.004. REQUIREMENT TO USE STATE PROPERTY FOR STATE
22-19 PURPOSES. State property may be used only for state purposes. A
22-20 person may not entrust state property to a state officer or
22-21 employee or to any other person if the property is not to be used
22-22 for state purposes.
22-23 Sec. 2203.005. VENDING MACHINES AUTHORIZED. (a) In a
22-24 state-owned or state-leased building or on state-owned or
22-25 state-leased property that is not served by a vendor operating
22-26 under the supervision of the Texas Commission for the Blind, a
22-27 vending machine may be located in the building or on the property
23-1 only with the approval of the governing body of the state agency
23-2 that has charge and control of the building or property. The
23-3 approval must be recorded in the minutes of a meeting of the
23-4 governing body.
23-5 (b) The state agency shall file with the General Services
23-6 Commission a copy of all contracts between the state agency and the
23-7 vendor related to the vending machine and a written description of
23-8 the location of the vending machine.
23-9 (c) All rentals, commissions, or other net revenue the state
23-10 agency receives in connection with the vending machine shall be
23-11 accounted for as state money and deposited to the credit of the
23-12 general revenue fund unless the disposition of the revenue is
23-13 governed by other law. The state agency shall account for the
23-14 revenue received under this section in the agency's annual report.
23-15 (d) In a state-owned or state-leased building or on
23-16 state-owned or state-leased property that is served by a vendor
23-17 operating under the supervision of the Texas Commission for the
23-18 Blind, a vending machine may be located and operated in the
23-19 building or on the property only under a joint contract with the
23-20 owners of the vending machine and the vendor operating under the
23-21 supervision of the Texas Commission for the Blind.
23-22 SECTION 34. Subchapter A, Chapter 2204, Government Code, is
23-23 amended by adding Sections 2204.002 and 2204.003 to read as
23-24 follows:
23-25 Sec. 2204.002. RESTRICTION ON ACQUISITION OF REAL PROPERTY.
23-26 A state agency, as defined by Section 658.001, may not accept a
23-27 gift or devise of real property or spend appropriated money to
24-1 purchase real property without statutory authority or other
24-2 legislative authorization.
24-3 Sec. 2204.003. GIFTS OF REAL PROPERTY TO INSTITUTIONS OF
24-4 HIGHER EDUCATION. An institution of higher education, as defined
24-5 by Section 61.003, Education Code, may accept a gift or devise of
24-6 real property from a private entity to establish scholarships or
24-7 professorships or to be held in trust for other educational
24-8 purposes only if done consistently with rules and regulations
24-9 adopted by the Texas Higher Education Coordinating Board pursuant
24-10 to its power to adopt such rules and regulations under Chapter 61,
24-11 Education Code.
24-12 SECTION 35. Section 2251.030, Government Code, is amended to
24-13 read as follows:
24-14 Sec. 2251.030. PROMPT OR EARLY PAYMENT DISCOUNT. (a) The
24-15 intent of the legislature is that a governmental entity should take
24-16 advantage of an offer for an early payment discount. A state
24-17 agency shall when possible negotiate a prompt payment discount with
24-18 a vendor.
24-19 (b) A governmental entity may not take an early payment
24-20 discount a vendor offers unless the governmental entity makes a
24-21 full payment within the discount period.
24-22 (c) If a governmental entity takes an early payment discount
24-23 later, the unpaid balance accrues interest beginning on the date
24-24 the discount offer expires.
24-25 (d) A state agency, when paying for goods and services
24-26 purchased under an agreement that includes a prompt or early
24-27 payment discount, shall submit the necessary payment documents or
25-1 information to the comptroller sufficiently in advance of the
25-2 prompt or early payment deadline to allow the comptroller or the
25-3 agency to pay the vendor in time to obtain the discount.
25-4 SECTION 36. Section 2252.901, Government Code, is amended to
25-5 read as follows:
25-6 Sec. 2252.901. CONTRACTS WITH FORMER OR RETIRED AGENCY
25-7 EMPLOYEES. (a) A state agency may not enter into an employment
25-8 contract, a professional services contract under Chapter 2254, or a
25-9 consulting services contract under Chapter 2254 with a former or
25-10 retired employee of the agency before the first anniversary of the
25-11 last date on which the individual was employed by the agency, if
25-12 appropriated money will be used to make payments under the
25-13 contract. This section does not prohibit an agency from entering
25-14 into a professional services contract with a corporation, firm, or
25-15 other business entity that employs a former or retired employee of
25-16 the agency within one year of the employee's leaving the agency,
25-17 provided that the former or retired employee does not perform
25-18 services on projects for the corporation, firm, or other business
25-19 entity that the employee worked on while employed by the agency.
25-20 (b) A state agency that contracts at any time with a retired
25-21 agency employee to perform services substantially similar to the
25-22 services the retiree performed for the agency during the last 12
25-23 months of service before retirement may not make payments under the
25-24 contract from any source of revenue at an annualized rate that
25-25 exceeds the lesser of:
25-26 (1) the rate of compensation the retiree received from
25-27 the state during the last 12 months of service before retirement;
26-1 or
26-2 (2) $60,000.
26-3 (c) [(b)] The contract payment limitation provided by
26-4 Subsection (b) [(a)] does not apply during the first six months a
26-5 retiree performs services under a contract after retirement, except
26-6 that if a retiree performs services under the contract for more
26-7 than six months, the limitation applies to the entire term of the
26-8 contract.
26-9 (d) [(c)] In this section:
26-10 (1) "Employment contract" includes a personal services
26-11 contract regardless of whether the performance of the contract
26-12 involves the traditional relationship of employer and employee.
26-13 The term does not apply to an at-will employment relationship that
26-14 involves the traditional relationship of employer and employee.
26-15 (2) "Retired agency employee" means a person:
26-16 (A) whose last state service before retirement
26-17 was for the state agency with which the retiree contracts to
26-18 perform services; and
26-19 (B) who is a retiree of:
26-20 (i) the employee class of membership of
26-21 the Employees Retirement System of Texas; or
26-22 (ii) the Teacher Retirement System of
26-23 Texas, the majority of whose service was credited in that system in
26-24 a position with a state agency.
26-25 (3) [(2)] "State agency" includes a "public senior
26-26 college or university," as that term is defined by Section 61.003,
26-27 Education Code.
27-1 SECTION 37. Subchapter A, Chapter 2254, Government Code, is
27-2 amended by adding Section 2254.0031 to read as follows:
27-3 Sec. 2254.0031. INDEMNIFICATION. A state governmental
27-4 entity may require a contractor selected under this subchapter to
27-5 indemnify or hold harmless the state from claims and liabilities
27-6 resulting from the negligent acts or omissions of the contractor or
27-7 persons employed by the contractor. A state governmental entity
27-8 may not require a contractor to indemnify or hold harmless the
27-9 state for claims or liabilities resulting from the negligent acts
27-10 or omissions of the state governmental entity or its employees.
27-11 SECTION 38. Subchapter B, Chapter 205, Labor Code, is
27-12 amended by adding Section 205.019 to read as follows:
27-13 Sec. 205.019. REIMBURSEMENT FROM NON-TREASURY FUNDS. (a) A
27-14 branch, department, or other instrumentality of this state that
27-15 reimburses the commission with funds that are held outside the
27-16 state treasury shall reimburse the commission by writing a check to
27-17 the commission for deposit into the appropriate unemployment
27-18 compensation account. A deposit under this section shall be made
27-19 not later than the 30th day after the date the instrumentality
27-20 receives the commission's statement of amounts due.
27-21 (b) The commission shall send a copy of each statement of
27-22 amounts due from a branch, department, or other instrumentality of
27-23 this state that reimburses the commission with funds that are held
27-24 outside the state treasury to the comptroller and the state
27-25 auditor.
27-26 (c) A branch, department, or other instrumentality affected
27-27 by this section may allocate appropriate funds to a revolving
28-1 account on its books to receive contributions from funds other than
28-2 general revenue funds, based on an assessment it determines to be
28-3 appropriate for the purpose of reimbursing the appropriate
28-4 unemployment compensation account for benefits paid.
28-5 (d) The state auditor shall review affected entities for
28-6 compliance with this section.
28-7 SECTION 39. The chapter heading to Chapter 506, Labor Code,
28-8 is amended to read as follows:
28-9 CHAPTER 506. MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT
28-10 EMPLOYEES [PAYMENT OF CERTAIN JUDGMENTS]
28-11 SECTION 40. Chapter 506, Labor Code, is amended by adding
28-12 Section 506.002 to read as follows:
28-13 Sec. 506.002. REIMBURSEMENT FROM NON-TREASURY FUNDS.
28-14 (a) An agency or other instrumentality of state government that,
28-15 with funds that are held outside the state treasury, reimburses the
28-16 general revenue fund for workers' compensation payments made out of
28-17 the general revenue fund to former or current employees of the
28-18 agency or other instrumentality shall reimburse the general revenue
28-19 fund by writing a check to the comptroller:
28-20 (1) for deposit into the appropriate account in the
28-21 general revenue fund; and
28-22 (2) not later than 30 days after receiving the
28-23 statement of amounts due.
28-24 (b) The workers' compensation division of the office of the
28-25 attorney general shall send to the comptroller and the state
28-26 auditor a copy of each statement of amounts due from an agency or
28-27 other instrumentality of state government that, with funds that are
29-1 held outside the state treasury, reimburses the general revenue
29-2 fund for workers' compensation payments made out of the general
29-3 revenue fund.
29-4 (c) An agency or other instrumentality of state government
29-5 affected by this section may allocate appropriate funds to a
29-6 revolving account on its books to receive contributions from funds
29-7 other than general revenue funds, based on an assessment it
29-8 determines to be appropriate for the purpose of reimbursing the
29-9 general revenue fund for the workers' compensation payments made to
29-10 its current or former employees.
29-11 (d) The state auditor shall review affected entities for
29-12 compliance with this section.
29-13 SECTION 41. Subchapter D, Chapter 11, Natural Resources
29-14 Code, is amended by adding Section 11.0791 to read as follows:
29-15 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
29-16 LANDS. When a state governmental entity sells state land, the
29-17 entity shall require that the state have the right of ingress and
29-18 egress to remaining state land in the immediate area by an easement
29-19 to a public thoroughfare.
29-20 SECTION 42. Subchapter D, Chapter 11, Natural Resources
29-21 Code, is amended by adding Section 11.083 to read as follows:
29-22 Sec. 11.083. RETENTION OF MINERAL RIGHTS. The state shall
29-23 retain the mineral rights to state land that is sold unless it is
29-24 impractical to do so.
29-25 SECTION 43. Section 31.401, Natural Resources Code, is
29-26 amended to read as follows:
29-27 Sec. 31.401. NATURAL GAS ACQUISITION CONTRACTS. (a) The
30-1 land office shall review and must approve any contract entered into
30-2 by a state agency for the acquisition of an annual average of 100
30-3 MCF per day or more of natural gas used to meet its [in the
30-4 production of] energy requirements.
30-5 (b) Before approving a contract described by Subsection (a)
30-6 of this section, the land office shall ensure that the agency, to
30-7 meet its energy requirements, is using, to the greatest extent
30-8 practical, natural gas produced from land leased from:
30-9 (1) the school land board;
30-10 (2) a board for lease other than the Board for Lease
30-11 of University Lands; or
30-12 (3) the surface owner of Relinquishment Act land.
30-13 (c) If the land office is able to substitute a contract
30-14 using in-kind royalty gas from state-owned lands or using other gas
30-15 for a contract under which a state agency acquires or proposes to
30-16 acquire its natural gas supplies, the commissioner shall inform the
30-17 comptroller each month of the amount of savings attributable to the
30-18 substitution.
30-19 (d) In this section, "state agency" has the meaning assigned
30-20 by Subchapter A, Chapter 572, Government Code.
30-21 SECTION 44. Subsection (d), Section 403.273, Government
30-22 Code, is repealed.
30-23 SECTION 45. Subsection (c), Section 2165.104, Government
30-24 Code, as amended by this Act, does not apply to the Texas Higher
30-25 Education Coordinating Board or the State Board for Educator
30-26 Certification until the expiration of all leases under which the
30-27 board occupies office space on the effective date of this Act.
31-1 SECTION 46. This Act does not affect the authority of an
31-2 institution of higher education to collect, account for, and
31-3 control local funds and institutional funds in the manner
31-4 authorized by Subchapter A, Chapter 51, Education Code.
31-5 SECTION 47. This section provides, for information purposes
31-6 only, a derivation table for the provisions of the General
31-7 Appropriations Act that are codified in general law by other
31-8 sections of this Act. The first column identifies the codified
31-9 law; all references are to the Government Code unless otherwise
31-10 noted. The second column identifies for each codified law the
31-11 applicable source provision in Article IX of the General
31-12 Appropriations Act for the fiscal biennium ending August 31, 1999
31-13 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
31-14 1997).
31-15 Codified Law Source Provision
31-16 Sec. 101.027(a), Civil Practice Sec. 61
31-17 and Remedies Code
31-18 Sec. 106.001(c), Civil Practice Sec. 124.11
31-19 and Remedies Code
31-20 Sec. 306.007 Sec. 40.2
31-21 Sec. 321.013(c) Sec. 176, 124.8 (part)
31-22 Sec. 321.014(c) Sec. 91
31-23 Sec. 325.011(9)(b) Sec. 124.10
31-24 Sec. 403.097 Sec. 32.2
31-25 Sec. 403.245(b) Sec. 126
31-26 Sec. 771.008(d) Sec. 78
31-27 Sec. 811.001(7) Sec. 181, last sent.
32-1 Sec. 2001.039 Sec. 167
32-2 Sec. 2052.304 Sec. 40.3
32-3 Sec. 2054.003(6) Sec. 43.1.a
32-4 Sec. 2054.121 Sec. 43.5
32-5 Sec. 2054.122 Sec. 156
32-6 Sec. 2101.0377 Sec. 70
32-7 Sec. 2155.084 Sec. 135, 1st 2 par.
32-8 Sec. 2155.132(a) Sec. 90
32-9 Sec. 2155.268 Sec. 56
32-10 Sec. 2155.4441 Sec. 53
32-11 Sec. 2158.0031 Sec. 20.3, 1st sent.
32-12 Sec. 2161.001(2), (3) Sec. 124.3
32-13 Sec. 2161.002(c) Sec. 124.5
32-14 Sec. 2161.003 Sec. 124.2, 124.5
32-15 Sec. 2161.004 Sec. 124.1, 124.2
32-16 Sec. 2161.005 Sec. 124.9
32-17 Sec. 2161.122(c) Sec. 124.6, 124.7
32-18 Sec. 2161.123(d)-(e) Sec. 124.8, 124.9
32-19 Sec. 2161.181 Sec. 124.5
32-20 Sec. 2161.182(a) Sec. 124.5
32-21 Sec. 2165.104(c) Sec. 154, except last sent.
32-22 Sec. 2170.009 Sec. 111 (most)
32-23 Sec. 2170.010 Sec. 141
32-24 Secs. 2170.051(c), (d) Sec. 140
32-25 Sec. 2170.057(b) Sec. 139, 2nd par.
32-26 Sec. 2201.002(c) Sec. 150.2
32-27 Sec. 2203.004 Sec. 149
33-1 Sec. 2203.005 Sec. 110 (most)
33-2 Sec. 2204.002 Sec. 135, 3rd par., 1st
33-3 sent.
33-4 Sec. 2204.003 Sec. 135, 3rd par., 2nd
33-5 sent.
33-6 Sec. 2251.030 Sec. 79
33-7 Sec. 2252.901 Sec. 52
33-8 Sec. 2254.0031 Sec. 51
33-9 Sec. 205.019, Labor Code Sec. 80 (part)
33-10 Sec. 506.002, Labor Code Sec. 81 (part)
33-11 Sec. 11.0791, Natural Resources Code Sec. 148, 1st par.
33-12 Sec. 11.083, Natural Resources Code Sec. 147
33-13 Sec. 31.401, Natural Resources Code Sec. 144 (part)
33-14 SECTION 48. This Act takes effect September 1, 1999.
33-15 SECTION 49. The importance of this legislation and the
33-16 crowded condition of the calendars in both houses create an
33-17 emergency and an imperative public necessity that the
33-18 constitutional rule requiring bills to be read on three several
33-19 days in each house be suspended, and this rule is hereby suspended.