By Ratliff S.B. No. 178
76R3204 JRD-D
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. Section 101.027(a), Civil Practice and Remedies
1-6 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. Chapter 306, Government Code, is amended by
1-13 adding Section 306.007 to read as follows:
1-14 Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE
1-15 TO LEGISLATURE. A state officer or board, commission, or other
1-16 agency in the executive branch of state government, and an agency
1-17 in the judicial branch of state government other than a court,
1-18 shall make reports required by law and minutes of meetings of the
1-19 agency's governing body available to members of the legislature and
1-20 to agencies in the legislative branch of state government in an
1-21 electronic format determined by the Texas Legislative Council.
1-22 SECTION 3. Section 321.013(c), Government Code, is amended
1-23 to read as follows:
1-24 (c) The State Auditor shall recommend [determine] the audit
2-1 plan for the state for each fiscal year to the committee. In
2-2 devising the plan, the State Auditor shall consider recommendations
2-3 concerning coordination of agency functions made jointly by
2-4 representatives [the committee composed] of the Legislative Budget
2-5 Board, Sunset Advisory Commission, and State Auditor's Office. The
2-6 State Auditor shall also consider the extent to which a department
2-7 has received a significant increase in appropriations, including a
2-8 significant increase in federal or other money passed through to
2-9 the department. The plan shall provide for auditing of federal
2-10 programs at least once in each fiscal biennium and shall ensure
2-11 that audit requirements of all bond covenants and other credit or
2-12 financial agreements are satisfied. The committee shall review and
2-13 approve the plan.
2-14 SECTION 4. Section 321.014(c), Government Code, is amended
2-15 to read as follows:
2-16 (c) The State Auditor shall submit each report to the
2-17 committee prior to publication. The State Auditor shall file a
2-18 copy of each report prepared under this section with:
2-19 (1) the governor;
2-20 (2) the lieutenant governor;
2-21 (3) the speaker of the house of representatives;
2-22 (4) the secretary of state;
2-23 (5) the Legislative Reference Library;
2-24 (6) each member of [the chairman of] the governing
2-25 body and the administrative head of each entity that is the subject
2-26 of the report; and
2-27 (7) members of the legislature on a committee with
3-1 oversight responsibility for the entity or program that is the
3-2 subject of the report.
3-3 SECTION 5. Subchapter F, Chapter 403, Government Code, is
3-4 amended by adding Section 403.097 to read as follows:
3-5 Sec. 403.097. FUNDS EXPENDED IN PROPORTION TO METHOD OF
3-6 FINANCING. (a) The comptroller may prescribe rules to ensure
3-7 that, when it is necessary to preserve cash balances in the funds
3-8 and accounts in the state treasury, appropriations are drawn from
3-9 the treasury in proportion to the methods of financing specified in
3-10 the acts authorizing the appropriations.
3-11 (b) The rules may include procedures relating to the deposit
3-12 of receipts and the issuance of warrants.
3-13 (c) This section does not affect other powers of the
3-14 comptroller under this subchapter, Subchapter H of Chapter 404, or
3-15 other law.
3-16 SECTION 6. Section 403.245(b), Government Code, is amended
3-17 to read as follows:
3-18 (b) The replenishment of a petty cash account is an
3-19 expenditure from the corresponding fund and shall be drawn from the
3-20 appropriation from which the expenditure would otherwise have been
3-21 made.
3-22 SECTION 7. Section 771.008, Government Code, is amended by
3-23 adding Subsection (d) to read as follows:
3-24 (d) This subsection applies only if the services or
3-25 resources are provided under a written contract or agreement. The
3-26 receiving agency shall reimburse the providing agency within 30
3-27 days after the date by which the services or resources are provided
4-1 and an invoice is received. If the receiving agency does not
4-2 accept the services or resources or finds an error in the invoice,
4-3 it shall notify the providing agency of the fact in writing as soon
4-4 as possible within the 30-day period and make payment within 10
4-5 days after the date the agencies agree the problems are corrected
4-6 or the error resolved. If the agencies cannot agree on the amount
4-7 of the reimbursement, the comptroller shall determine the
4-8 appropriate amount. If the receiving agency does not, within the
4-9 30-day period, reimburse the providing agency or give the providing
4-10 agency written notice of a problem or error, the comptroller on
4-11 request of the providing agency may transfer from amounts
4-12 appropriated to the receiving agency the appropriate amount in
4-13 accordance with this section.
4-14 SECTION 8. Section 811.001(7), Government Code, is amended
4-15 to read as follows:
4-16 (7) "Compensation" means the base salary of a person;
4-17 amounts that would otherwise qualify as compensation but are not
4-18 received directly by a person pursuant to a good faith, voluntary,
4-19 written salary reduction agreement in order to finance payments to
4-20 a deferred compensation or tax sheltered annuity program
4-21 specifically authorized by state law or to finance benefit options
4-22 under a cafeteria plan qualifying under Section 125 of the Internal
4-23 Revenue Code of 1986 (26 U.S.C. Section 125); longevity and
4-24 hazardous duty pay; nonmonetary compensation, the value of which
4-25 is determined by the retirement system; amounts by which a person's
4-26 salary is reduced under a salary reduction agreement authorized by
4-27 Chapter 610; and the benefit replacement pay a person earns under
5-1 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
5-2 74th Legislature, 1995, except for the benefit replacement pay a
5-3 person earns as a result of a payment made under Subchapter B, C,
5-4 or D, Chapter 661. The term excludes overtime pay and a cleaning
5-5 or clothing allowance.
5-6 SECTION 9. (a) Subchapter B, Chapter 2001, Government Code,
5-7 is amended by adding Section 2001.039 to read as follows:
5-8 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES. (a) A
5-9 state agency shall review and consider for readoption each of its
5-10 rules in accordance with this section.
5-11 (b) A state agency shall review a rule not later than the
5-12 fourth anniversary of the date on which the rule takes effect and
5-13 every four years after that date. The adoption of an amendment to
5-14 an existing rule does not affect the dates on which the rule must
5-15 be reviewed except that the effective date of an amendment is
5-16 considered to be the effective date of the rule if the agency
5-17 formally conducts a review of the rule in accordance with this
5-18 section as part of the process of adopting the amendment.
5-19 (c) The state agency shall readopt, readopt with amendments,
5-20 or repeal a rule as the result of reviewing the rule under this
5-21 section.
5-22 (d) The procedures of this subchapter relating to the
5-23 original adoption of a rule apply to the review of a rule and to
5-24 the resulting repeal, readoption, or readoption with amendments of
5-25 the rule, except as provided by this subsection. Publishing the
5-26 Texas Administrative Code citation to a rule under review satisfies
5-27 the requirements of this subchapter relating to publishing the text
6-1 of the rule unless the agency readopts the rule with amendments as
6-2 a result of the review.
6-3 (e) A state agency's review of a rule must include an
6-4 assessment of whether the reasons for initially adopting the rule
6-5 continue to exist.
6-6 (b) The duties prescribed by this subsection apply only to
6-7 state agency rules that are in effect on September 1, 1999, and
6-8 that have not already been reviewed in accordance with Section 167,
6-9 Article IX, Chapter 1452, Acts of the 75th Legislature, Regular
6-10 Session, 1997 (General Appropriations Act). A state agency shall
6-11 review each of those rules in accordance with Section 2001.039,
6-12 Government Code, as added by this Act, and in accordance with this
6-13 subsection not later than August 31, 2003. Not later than August
6-14 31, 2000, each state agency shall develop and send to the secretary
6-15 of state for publication in the Texas Register a plan under which
6-16 the agency will review its existing rules. The plan must state for
6-17 each of those rules the date by which the agency will begin the
6-18 review required by Section 2001.039, Government Code, as added by
6-19 this Act.
6-20 (c) For purposes of subsequent reviews under Section
6-21 2001.039, Government Code, as added by this Act, the effective date
6-22 of an existing rule initially reviewed under Subsection (b) of this
6-23 section or under Section 167, Article IX, Chapter 1452, Acts of the
6-24 75th Legislature, Regular Session, 1997 (General Appropriations
6-25 Act), is considered to be the date on which the agency begins the
6-26 review of the rule by publishing in the Texas Register the notice
6-27 for the review required under Section 2001.024, Government Code,
7-1 through either Section 2001.039(d) or Section 167.
7-2 SECTION 10. Subchapter D, Chapter 2052, Government Code, is
7-3 amended by adding Section 2052.304 to read as follows:
7-4 Sec. 2052.304. USE OF CERTAIN PRINTING STOCK. A
7-5 state officer or board, court, commission, or other agency in the
7-6 executive or judicial branch of state government may not publish a
7-7 report or other printed materials on enamel-coated, cast-coated, or
7-8 dull-coated printing stock unless the agency imposes a fee for
7-9 receipt of the printed materials.
7-10 SECTION 11. Section 2054.003(6), Government Code, is amended
7-11 to read as follows:
7-12 (6) "Information resources" means the procedures,
7-13 equipment, and software that are employed, designed, built,
7-14 operated, and maintained to collect, record, process, store,
7-15 retrieve, display, and transmit information, and associated
7-16 personnel including consultants and contractors.
7-17 SECTION 12. Subchapter F, Chapter 2054, Government Code, is
7-18 amended by adding Sections 2054.121 and 2054.122 to read as
7-19 follows:
7-20 Sec. 2054.121. COORDINATION AMONG INSTITUTIONS OF HIGHER
7-21 EDUCATION. An institution of higher education shall coordinate its
7-22 use of information technologies with other such institutions to
7-23 more effectively provide education, research, and community
7-24 service.
7-25 Sec. 2054.122. COORDINATED TECHNOLOGY TRAINING. A state
7-26 agency each calendar quarter shall coordinate agency training for
7-27 the use of information resources technologies with training offered
8-1 or coordinated by the department. The agency shall use training
8-2 offered or coordinated by the department if it meets agency
8-3 requirements and is cost-competitive.
8-4 SECTION 13. Subchapter C, Chapter 2101, Government Code, is
8-5 amended by adding Section 2101.0377 to read as follows:
8-6 Sec. 2101.0377. REPORTING ACCOUNTING IRREGULARITIES TO STATE
8-7 AUDITOR. On determining that a state agency, as defined by Section
8-8 658.001, or an institution of higher education, as defined by
8-9 Section 61.003, Education Code, has inaccurately reported the
8-10 expenditure of appropriated funds or engaged in recurring
8-11 accounting irregularities, the comptroller shall report the agency
8-12 or institution to the state auditor for appropriate action,
8-13 including a comprehensive financial audit.
8-14 SECTION 14. Subchapter B, Chapter 2155, Government Code, is
8-15 amended by adding Section 2155.084 to read as follows:
8-16 Sec. 2155.084. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
8-17 commission or the governing body of an institution of higher
8-18 education may negotiate purchases of goods of any kind needed by a
8-19 state agency or the institution of higher education with the
8-20 appropriate agency of the federal government. The governing body of
8-21 an institution of higher education may act under this section
8-22 either directly or through the commission or another state agency.
8-23 (b) The price of goods that are purchased from the federal
8-24 government may not exceed the fair market value of the goods.
8-25 (c) In negotiating purchases of goods from the federal
8-26 government under this section or under Subchapter G, Chapter 2175,
8-27 the commission or the governing body of the institution of higher
9-1 education may waive the requirement of a bidder's bond and
9-2 performance bond that otherwise would be required.
9-3 SECTION 15. Section 2155.132(a), Government Code, is amended
9-4 to read as follows:
9-5 (a) A state agency is delegated the authority to purchase
9-6 goods and services if the purchase does not exceed $15,000. If the
9-7 commission determines that a state agency has not followed the
9-8 commission's rules or the laws related to the delegated purchases,
9-9 the commission shall report its determination to the members of the
9-10 state agency's governing body and to the governor, lieutenant
9-11 governor, speaker of the house of representatives, and Legislative
9-12 Budget Board.
9-13 SECTION 16. Section 2155.268, Government Code, is amended to
9-14 read as follows:
9-15 Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST. (a) A
9-16 state agency may not maintain and use its own bidders list [only if
9-17 the commission determines by rule that the agency has specialized
9-18 needs that can best be met through maintaining and using its own
9-19 specialized bidders list]. The prohibition of this subsection does
9-20 not apply to the Texas Department of Transportation or to an
9-21 institution of higher education as defined by Section 61.003,
9-22 Education Code, but an institution of higher education should use
9-23 the master bidders list when possible.
9-24 (b) [The commission by rule may prescribe the categories of
9-25 purchases or other acquisitions for which a state agency's
9-26 specialized bidders list may be used.]
9-27 [(c)] A state agency may supplement the bidders list with
10-1 its own list of historically underutilized businesses if it
10-2 determines that the supplementation will increase the number of
10-3 historically underutilized businesses that submit bids.
10-4 (c) [(d)] A state agency may purchase goods and services
10-5 from a vendor who is not on the bidders list if the purchase price
10-6 does not exceed $5,000.
10-7 SECTION 17. Subchapter H, Chapter 2155, Government Code, is
10-8 amended by adding Section 2155.4441 to read as follows:
10-9 Sec. 2155.4441. PREFERENCE UNDER SERVICE CONTRACTS. A state
10-10 agency that contracts for services shall require the contractor, in
10-11 performing the contract, to purchase products and materials
10-12 produced in this state when they are available at a price and time
10-13 comparable to products and materials produced outside this state.
10-14 SECTION 18. Subchapter A, Chapter 2158, Government Code, is
10-15 amended by adding Section 2158.0031 to read as follows:
10-16 Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES.
10-17 A state agency authorized to purchase passenger vehicles or other
10-18 ground transportation vehicles for general use shall purchase
10-19 economical, fuel-efficient vehicles assembled in the United States
10-20 unless such a purchase would have a significant detrimental effect
10-21 on the use to which the vehicles will be put.
10-22 SECTION 19. Section 2165.104(c), Government Code, is amended
10-23 to read as follows:
10-24 (c) To the extent possible without sacrificing critical
10-25 public or client services, the commission may not allocate usable
10-26 office space, as defined by the commission, to a state agency under
10-27 Article I, [or] II, V, VI, VII, or VIII of the General
11-1 Appropriations Act or to the Texas Higher Education Coordinating
11-2 Board, the Texas Education Agency, the State Board for Educator
11-3 Certification, the Telecommunications Infrastructure Fund Board, or
11-4 the Office of Court Administration of the Texas Judicial System in
11-5 an amount that exceeds an average of 153 square feet per agency
11-6 employee for each agency site. To the extent that any of those
11-7 agencies allocates its own usable office space, as defined by the
11-8 commission, the agency shall allocate the space to achieve the
11-9 required ratio. This subsection does not apply to:
11-10 (1) an agency site at which fewer than 16 employees
11-11 are located;
11-12 (2) warehouse space;
11-13 (3) laboratory space;
11-14 (4) storage space exceeding 1,000 gross square feet;
11-15 (5) library space;
11-16 (6) space for hearing rooms used to conduct hearings
11-17 required under the administrative procedure law, Chapter 2001; or
11-18 (7) another type of space specified by commission
11-19 rule, if the commission determines that it is not practical to
11-20 apply this subsection to that space.
11-21 SECTION 20. Subchapter A, Chapter 2170, Government Code, is
11-22 amended by adding Sections 2170.009 and 2170.010 to read as
11-23 follows:
11-24 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
11-25 telephone may be located in the Capitol Complex only with the
11-26 approval of the commission. The commission shall collect the
11-27 revenue from the installation and operation of the pay telephone
12-1 and deposit it to the credit of the general revenue fund.
12-2 (b) In a state-owned or state-leased building or on
12-3 state-owned land to which Subsection (a) does not apply, a pay
12-4 telephone may be installed only with the approval of the governing
12-5 body of the state entity that has charge and control of the
12-6 building or land. The entity shall collect the revenue from the
12-7 installation and operation of the pay telephone and deposit it to
12-8 the credit of the general revenue fund unless the disposition of
12-9 the revenue is governed by other law.
12-10 (c) The commission or other state entity shall account for
12-11 the revenue collected under this section in the entity's annual
12-12 report.
12-13 Sec. 2170.010. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
12-14 state agency and its officers and employees may not buy, rent, or
12-15 pay toll charges for a telephone for which the telephone number is
12-16 not listed or available from directory assistance to the general
12-17 public unless the unlisted telephone number is used:
12-18 (1) to provide access to computers, telephone system
12-19 control centers, long-distance networks, elevator control systems,
12-20 and other tone-controlled devices for which restricted access to
12-21 the telephone number is justified for security or other purposes;
12-22 (2) in narcotics undercover operations; or
12-23 (3) in the detection of illegal sales of securities.
12-24 SECTION 21. Section 2170.051, Government Code, is amended to
12-25 read as follows:
12-26 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
12-27 commission shall manage the operation of a system of
13-1 telecommunications services for all state agencies. Each agency
13-2 shall identify its particular requirements for telecommunications
13-3 services and the site at which the services are to be provided.
13-4 (b) The commission shall fulfill the telecommunications
13-5 requirements of each state agency to the extent possible and to the
13-6 extent that money is appropriated or available for that purpose.
13-7 (c) A state agency shall use the consolidated
13-8 telecommunications system to the fullest extent possible. A state
13-9 agency may not acquire telecommunications services unless the
13-10 commission determines that the agency's requirement for
13-11 telecommunications services cannot be met at a comparable cost by
13-12 the consolidated telecommunications system.
13-13 (d) A state agency may not enter into or renew a contract
13-14 with a carrier or other provider of telecommunications services
13-15 without obtaining a waiver from the commission certifying that the
13-16 requested telecommunications services cannot be provided at a
13-17 comparable cost on the consolidated telecommunications system. The
13-18 commission shall evaluate requests for waivers based on
13-19 cost-effectiveness to the state government as a whole. A waiver
13-20 may be granted only for a specific period and will automatically
13-21 expire on the stated expiration date unless an extension is
13-22 approved by the commission. A contract for telecommunications
13-23 services obtained under waiver may not extend beyond the expiration
13-24 date of the waiver.
13-25 SECTION 22. Section 2170.057(b), Government Code, is amended
13-26 to read as follows:
13-27 (b) The comptroller shall establish in the state treasury a
14-1 revolving fund account for the administration of this chapter. The
14-2 account shall be used as a depository for money received from
14-3 entities served. Receipts attributable to the centralized capitol
14-4 complex telephone system shall be deposited into the account but
14-5 separately identified within the account.
14-6 SECTION 23. Section 2201.002, Government Code, is amended by
14-7 adding Subsection (c) to read as follows:
14-8 (c) The fund may not be used to pay salaries.
14-9 SECTION 24. Chapter 2203, Government Code, is amended by
14-10 adding Sections 2203.004 and 2203.005 to read as follows:
14-11 Sec. 2203.004. REQUIREMENT TO USE STATE PROPERTY FOR STATE
14-12 PURPOSES. State property may be used only for state purposes. A
14-13 person may not entrust state property to a state officer or
14-14 employee or to any other person if the property is not to be used
14-15 for state purposes.
14-16 Sec. 2203.005. VENDING MACHINES AUTHORIZED. (a) In a
14-17 state-owned or state-leased building or on state-owned or
14-18 state-leased property that is not served by a vendor operating
14-19 under the supervision of the Texas Commission for the Blind, a
14-20 vending machine may be located in the building or on the property
14-21 only with the approval of the governing body of the state agency
14-22 that has charge and control of the building or property. The
14-23 approval must be recorded in the minutes of a meeting of the
14-24 governing body.
14-25 (b) The state agency shall file with the General Services
14-26 Commission a copy of all contracts between the state agency and the
14-27 vendor related to the vending machine and a written description of
15-1 the location of the vending machine.
15-2 (c) All rentals, commissions, or other net revenue the state
15-3 agency receives in connection with the vending machine shall be
15-4 accounted for as state money and deposited to the credit of the
15-5 general revenue fund unless the disposition of the revenue is
15-6 governed by other law. The state agency shall account for the
15-7 revenue received under this section in the agency's annual report.
15-8 (d) In a state-owned or state-leased building or on
15-9 state-owned or state-leased property that is served by a vendor
15-10 operating under the supervision of the Texas Commission for the
15-11 Blind, a vending machine may be located and operated in the
15-12 building or on the property only under a joint contract with the
15-13 owners of the vending machine and the vendor operating under the
15-14 supervision of the Texas Commission for the Blind.
15-15 SECTION 25. Subchapter A, Chapter 2204, Government Code, is
15-16 amended by adding Sections 2204.002 and 2204.003 to read as
15-17 follows:
15-18 Sec. 2204.002. RESTRICTION ON ACQUISITION OF REAL PROPERTY.
15-19 A state agency, as defined by Section 658.001, may not accept a
15-20 gift or devise of real property or spend appropriated money to
15-21 purchase real property without legislative authorization.
15-22 Sec. 2204.003. GIFTS OF REAL PROPERTY TO INSTITUTIONS OF
15-23 HIGHER EDUCATION. An institution of higher education, as defined
15-24 by Section 61.003, Education Code, may accept a gift or devise of
15-25 real property from a private entity to establish scholarships or
15-26 professorships or to be held in trust for other educational
15-27 purposes only if the administrative head or the presiding officer
16-1 of the governing body of the institution certifies to the
16-2 Legislative Budget Board that an appropriation of educational and
16-3 general funds will not be required in the future to operate,
16-4 maintain, repair, or construct a building on the property.
16-5 SECTION 26. Section 2251.030, Government Code, is amended to
16-6 read as follows:
16-7 Sec. 2251.030. PROMPT OR EARLY PAYMENT DISCOUNT. (a) The
16-8 intent of the legislature is that a governmental entity should take
16-9 advantage of an offer for an early payment discount. A state agency
16-10 shall when possible negotiate a prompt payment discount with a
16-11 vendor.
16-12 (b) A governmental entity may not take an early payment
16-13 discount a vendor offers unless the governmental entity makes a
16-14 full payment within the discount period.
16-15 (c) If a governmental entity takes an early payment discount
16-16 later, the unpaid balance accrues interest beginning on the date
16-17 the discount offer expires.
16-18 (d) A state agency, when paying for goods and services
16-19 purchased under an agreement that includes a prompt or early
16-20 payment discount, shall submit the necessary payment documents or
16-21 information to the comptroller sufficiently in advance of the
16-22 prompt or early payment deadline to allow the comptroller or the
16-23 agency to pay the vendor in time to obtain the discount.
16-24 SECTION 27. Section 2252.901, Government Code, is amended to
16-25 read as follows:
16-26 Sec. 2252.901. CONTRACTS WITH FORMER OR RETIRED AGENCY
16-27 EMPLOYEES. (a) A state agency may not enter into an employment
17-1 contract, a professional services contract under Chapter 2254, or a
17-2 consulting services contract under Chapter 2254 with a former or
17-3 retired employee of the agency before the first anniversary of the
17-4 last date on which the individual was employed by the agency, if
17-5 appropriated money will be used to make payments under the
17-6 contract.
17-7 (b) A state agency that contracts at any time with a retired
17-8 agency employee to perform services substantially similar to the
17-9 services the retiree performed for the agency during the last 12
17-10 months of service before retirement may not make payments under the
17-11 contract from any source of revenue at an annualized rate that
17-12 exceeds the lesser of:
17-13 (1) the rate of compensation the retiree received from
17-14 the state during the last 12 months of service before retirement;
17-15 or
17-16 (2) $60,000.
17-17 (c) [(b)] The contract payment limitation provided by
17-18 Subsection (b) [(a)] does not apply during the first six months a
17-19 retiree performs services under a contract after retirement, except
17-20 that if a retiree performs services under the contract for more
17-21 than six months, the limitation applies to the entire term of the
17-22 contract.
17-23 (d) [(c)] In this section:
17-24 (1) "Employment contract" includes a personal services
17-25 contract regardless of whether the performance of the contract
17-26 involves the traditional relationship of employer and employee. The
17-27 term does not apply to an at-will employment relationship that
18-1 involves the traditional relationship of employer and employee.
18-2 (2) "Retired agency employee" means a person:
18-3 (A) whose last state service before retirement
18-4 was for the state agency with which the retiree contracts to
18-5 perform services; and
18-6 (B) who is a retiree of:
18-7 (i) the employee class of membership of
18-8 the Employees Retirement System of Texas; or
18-9 (ii) the Teacher Retirement System of
18-10 Texas, the majority of whose service was credited in that system in
18-11 a position with a state agency.
18-12 (3) [(2)] "State agency" includes a "public senior
18-13 college or university," as that term is defined by Section 61.003,
18-14 Education Code.
18-15 SECTION 28. Subchapter A, Chapter 2254, Government Code, is
18-16 amended by adding Section 2254.0031 to read as follows:
18-17 Sec. 2254.0031. INDEMNIFICATION. A state governmental
18-18 entity may require a contractor selected under this subchapter to
18-19 indemnify or hold harmless the state from claims and liabilities
18-20 resulting from the negligent acts or omissions of the contractor or
18-21 persons employed by the contractor. A state governmental entity
18-22 may not require a contractor to indemnify or hold harmless the
18-23 state for claims or liabilities resulting from the negligent acts
18-24 or omissions of the state governmental entity or its employees.
18-25 SECTION 29. Subchapter B, Chapter 205, Labor Code, is
18-26 amended by adding Section 205.019 to read as follows:
18-27 Sec. 205.019. REIMBURSEMENT FROM NON-TREASURY FUNDS. (a) A
19-1 branch, department, or other instrumentality of this state that
19-2 reimburses the commission with funds that are held outside the
19-3 state treasury shall reimburse the commission by writing a check to
19-4 the commission for deposit into the appropriate unemployment
19-5 compensation account. A deposit under this section shall be made
19-6 not later than the 30th day after the date the instrumentality
19-7 receives the commission's statement of amounts due.
19-8 (b) The commission shall send a copy of each statement of
19-9 amounts due from a branch, department, or other instrumentality of
19-10 this state that reimburses the commission with funds that are held
19-11 outside the state treasury to the comptroller and the state
19-12 auditor.
19-13 (c) The state auditor shall review affected entities for
19-14 compliance with this section.
19-15 SECTION 30. The chapter heading to Chapter 506, Labor Code,
19-16 is amended to read as follows:
19-17 CHAPTER 506. MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT
19-18 EMPLOYEES [PAYMENT OF CERTAIN JUDGMENTS]
19-19 SECTION 31. Chapter 506, Labor Code, is amended by adding
19-20 Section 506.002 to read as follows:
19-21 Sec. 506.002. REIMBURSEMENT FROM NON-TREASURY FUNDS. (a)
19-22 An agency or other instrumentality of state government that, with
19-23 funds that are held outside the state treasury, reimburses the
19-24 general revenue fund for workers' compensation payments made out of
19-25 the general revenue fund to former or current employees of the
19-26 agency or other instrumentality shall reimburse the general revenue
19-27 fund by writing a check to the comptroller:
20-1 (1) for deposit into the appropriate account in the
20-2 general revenue fund; and
20-3 (2) not later than 30 days after receiving the
20-4 statement of amounts due.
20-5 (b) The workers' compensation division of the office of the
20-6 attorney general shall send to the comptroller and the state
20-7 auditor a copy of each statement of amounts due from an agency or
20-8 other instrumentality of state government that, with funds that are
20-9 held outside the state treasury, reimburses the general revenue
20-10 fund for workers' compensation payments made out of the general
20-11 revenue fund.
20-12 (c) The state auditor shall review affected entities for
20-13 compliance with this section.
20-14 SECTION 32. Subchapter D, Chapter 11, Natural Resources
20-15 Code, is amended by adding Section 11.0791 to read as follows:
20-16 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
20-17 LANDS. When a state governmental entity sells state land, the
20-18 entity shall require that the state have the right of ingress and
20-19 egress to remaining state land in the immediate area by an easement
20-20 to a public thoroughfare.
20-21 SECTION 33. Subchapter D, Chapter 11, Natural Resources
20-22 Code, is amended by adding Section 11.083 to read as follows:
20-23 Sec. 11.083. RETENTION OF MINERAL RIGHTS. The state shall
20-24 retain the mineral rights to state land that is sold unless it is
20-25 impractical to do so.
20-26 SECTION 34. Section 31.401, Natural Resources Code, is
20-27 amended to read as follows:
21-1 Sec. 31.401. NATURAL GAS ACQUISITION CONTRACTS. (a) The
21-2 land office shall review and must approve any contract entered into
21-3 by a state agency for the acquisition of an annual average of 100
21-4 MCF per day or more of natural gas used to meet its [in the
21-5 production of] energy requirements.
21-6 (b) Before approving a contract described by Subsection (a)
21-7 of this section, the land office shall ensure that the agency, to
21-8 meet its energy requirements, is using, to the greatest extent
21-9 practical, natural gas produced from land leased from:
21-10 (1) the school land board;
21-11 (2) a board for lease other than the Board for Lease
21-12 of University Lands; or
21-13 (3) the surface owner of Relinquishment Act land.
21-14 (c) If the land office is able to substitute a contract
21-15 using in-kind royalty gas from state-owned lands or using other gas
21-16 for a contract under which a state agency acquires or proposes to
21-17 acquire its natural gas supplies, the commissioner shall inform the
21-18 comptroller each month of the amount of savings attributable to the
21-19 substitution.
21-20 (d) In this section, "state agency" has the meaning assigned
21-21 by Subchapter A, Chapter 572, Government Code.
21-22 SECTION 35. Section 403.273(d), Government Code, is
21-23 repealed.
21-24 SECTION 36. Section 2165.104(c), Government Code, as amended
21-25 by this Act, does not apply to the Texas Higher Education
21-26 Coordinating Board or the State Board for Educator Certification
21-27 until the expiration of all leases under which the board occupies
22-1 office space on the effective date of this Act.
22-2 SECTION 37. This section provides, for information purposes
22-3 only, a derivation table for the provisions of the General
22-4 Appropriations Act that are codified in general law by other
22-5 sections of this Act. The first column identifies the codified
22-6 law; all references are to the Government Code unless otherwise
22-7 noted. The second column identifies for each codified law the
22-8 applicable source provision of the General Appropriations Act for
22-9 the fiscal biennium ending August 31, 1999 (Chapter 1452, Acts of
22-10 the 75th Legislature, Regular Session, 1997).
22-11 Codified Law Source Provision
22-12 Sec. 101.027(a), Civil Practice Sec. 61
22-13 and Remedies Code
22-14 Sec. 306.007 Sec. 40.2
22-15 Sec. 321.013(c) Sec. 176
22-16 Sec. 321.014(c) Sec. 91
22-17 Sec. 403.097 Sec. 32.2
22-18 Sec. 403.245(b) Sec. 126
22-19 Sec. 771.008(d) Sec. 78
22-20 Sec. 811.001(7) Sec. 181, last sent.
22-21 Sec. 2001.039 Sec. 167
22-22 Sec. 2052.304 Sec. 40.3
22-23 Sec. 2054.003(6) Sec. 43.1.a
22-24 Sec. 2054.121 Sec. 43.5
22-25 Sec. 2054.122 Sec. 156
22-26 Sec. 2101.0377 Sec. 70
22-27 Sec. 2155.084 Sec. 135, 1st 2 par.
23-1 Sec. 2155.132(a) Sec. 90
23-2 Sec. 2155.268 Sec. 56
23-3 Sec. 2155.4441 Sec. 53
23-4 Sec. 2158.0031 Sec. 20.3, 1st sent.
23-5 Sec. 2165.104(c) Sec. 154, except last sent.
23-6 Sec. 2170.009 Sec. 111 (most)
23-7 Sec. 2170.010 Sec. 141
23-8 Secs. 2170.051(c), (d) Sec. 140
23-9 Sec. 2170.057(b) Sec. 139, 2nd par.
23-10 Sec. 2201.002(c) Sec. 150.2
23-11 Sec. 2203.004 Sec. 149
23-12 Sec. 2203.005 Sec. 110 (most)
23-13 Sec. 2204.002 Sec. 135, 3rd par., 1st
23-14 sent.
23-15 Sec. 2204.003 Sec. 135, 3rd par., 2nd
23-16 sent.
23-17 Sec. 2251.030 Sec. 79
23-18 Sec. 2252.901 Sec. 52
23-19 Sec. 2254.0031 Sec. 51
23-20 Sec. 205.019, Labor Code Sec. 80 (part)
23-21 Sec. 506.002, Labor Code Sec. 81 (part)
23-22 Sec. 11.0791, Natural Resources Code Sec. 148, 1st par.
23-23 Sec. 11.083, Natural Resources Code Sec. 147
23-24 Sec. 31.401, Natural Resources Code Sec. 144 (part)
23-25 SECTION 38. This Act takes effect September 1, 1999.
23-26 SECTION 39. The importance of this legislation and the
23-27 crowded condition of the calendars in both houses create an
24-1 emergency and an imperative public necessity that the
24-2 constitutional rule requiring bills to be read on three several
24-3 days in each house be suspended, and this rule is hereby suspended.