1-1 By: Ratliff S.B. No. 178
1-2 (In the Senate - Filed January 19, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Finance;
1-4 March 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; March 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 178 By: Ratliff
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to codification of certain state agency practices and
1-11 duties currently prescribed by the General Appropriations Act.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 101.027, Civil Practice
1-14 and Remedies Code, is amended to read as follows:
1-15 (a) Each governmental unit other than a unit of state
1-16 government may purchase insurance policies protecting the unit and
1-17 the unit's employees against claims under this chapter. A unit of
1-18 state government may purchase such a policy only to the extent that
1-19 the unit is authorized or required to do so under other law.
1-20 SECTION 2. Section 106.001, Civil Practice and Remedies
1-21 Code, is amended by adding Subsection (c) to read as follows:
1-22 (c) This section does not prohibit the adoption of a program
1-23 designed to increase the participation of businesses owned and
1-24 controlled by women, minorities, or disadvantaged persons in public
1-25 contract awards.
1-26 SECTION 3. Chapter 306, Government Code, is amended by
1-27 adding Section 306.007 to read as follows:
1-28 Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE
1-29 TO LEGISLATURE. A state officer or board, commission, or other
1-30 agency in the executive branch of state government, and an agency
1-31 in the judicial branch of state government other than a court,
1-32 shall make reports required by law and minutes of meetings of the
1-33 agency's governing body available to members of the legislature and
1-34 to agencies in the legislative branch of state government in an
1-35 electronic format determined by the Texas Legislative Council.
1-36 SECTION 4. Subsection (c), Section 321.013, Government Code,
1-37 is amended to read as follows:
1-38 (c) The State Auditor shall recommend [determine] the audit
1-39 plan for the state for each fiscal year to the committee. In
1-40 devising the plan, the State Auditor shall consider recommendations
1-41 concerning coordination of agency functions made jointly by
1-42 representatives [the committee composed] of the Legislative Budget
1-43 Board, Sunset Advisory Commission, and State Auditor's Office. The
1-44 State Auditor shall also consider the extent to which a department
1-45 has received a significant increase in appropriations, including a
1-46 significant increase in federal or other money passed through to
1-47 the department, and shall review procurement activities for
1-48 compliance with Section 2161.123. The plan shall provide for
1-49 auditing of federal programs at least once in each fiscal biennium
1-50 and shall ensure that audit requirements of all bond covenants and
1-51 other credit or financial agreements are satisfied. The committee
1-52 shall review and approve the plan.
1-53 SECTION 5. Subsection (c), Section 321.014, Government Code,
1-54 is amended to read as follows:
1-55 (c) The State Auditor shall submit each report to the
1-56 committee prior to publication. The State Auditor shall file a
1-57 copy of each report prepared under this section with:
1-58 (1) the governor;
1-59 (2) the lieutenant governor;
1-60 (3) the speaker of the house of representatives;
1-61 (4) the secretary of state;
1-62 (5) the Legislative Reference Library;
1-63 (6) each member of [the chairman of] the governing
1-64 body and the administrative head of each entity that is the subject
2-1 of the report; and
2-2 (7) members of the legislature on a committee with
2-3 oversight responsibility for the entity or program that is the
2-4 subject of the report.
2-5 SECTION 6. Section 325.011, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 325.011. Criteria for Review. The commission and its
2-8 staff shall consider the following criteria in determining whether
2-9 a public need exists for the continuation of a state agency or its
2-10 advisory committees or for the performance of the functions of the
2-11 agency or its advisory committees:
2-12 (1) the efficiency with which the agency or advisory
2-13 committee operates;
2-14 (2) an identification of the objectives intended for
2-15 the agency or advisory committee and the problem or need that the
2-16 agency or advisory committee was intended to address, the extent to
2-17 which the objectives have been achieved, and any activities of the
2-18 agency in addition to those granted by statute and the authority
2-19 for these activities;
2-20 (3) an assessment of less restrictive or alternative
2-21 methods of performing any regulation that the agency performs that
2-22 could adequately protect the public;
2-23 (4) the extent to which the advisory committee is
2-24 needed and is used;
2-25 (5) the extent to which the jurisdiction of the agency
2-26 and the programs administered by the agency overlap or duplicate
2-27 those of other agencies and the extent to which the programs
2-28 administered by the agency can be consolidated with the programs of
2-29 other state agencies;
2-30 (6) whether the agency has recommended to the
2-31 legislature statutory changes calculated to be of benefit to the
2-32 public rather than to an occupation, business, or institution that
2-33 the agency regulates;
2-34 (7) the promptness and effectiveness with which the
2-35 agency disposes of complaints concerning persons affected by the
2-36 agency;
2-37 (8) the extent to which the agency has encouraged
2-38 participation by the public in making its rules and decisions as
2-39 opposed to participation solely by those it regulates and the
2-40 extent to which the public participation has resulted in rules
2-41 compatible with the objectives of the agency;
2-42 (9) the extent to which the agency has complied with
2-43 applicable requirements of:
2-44 (A) an agency of the United States or of this
2-45 state regarding equality of employment opportunity and the rights
2-46 and privacy of individuals; and
2-47 (B) state law and applicable rules of any state
2-48 agency regarding purchasing goals and programs for historically
2-49 underutilized businesses;
2-50 (10) the extent to which changes are necessary in the
2-51 enabling statutes of the agency so that the agency can adequately
2-52 comply with the criteria listed in this section;
2-53 (11) the extent to which the agency issues and
2-54 enforces rules relating to potential conflicts of interest of its
2-55 employees;
2-56 (12) the extent to which the agency complies with
2-57 Chapter 552, and with Chapter 551; and
2-58 (13) the effect of federal intervention or loss of
2-59 federal funds if the agency is abolished.
2-60 SECTION 7. Subchapter F, Chapter 403, Government Code, is
2-61 amended by adding Section 403.097 to read as follows:
2-62 Sec. 403.097. FUNDS EXPENDED IN PROPORTION TO METHOD OF
2-63 FINANCING. (a) The comptroller may prescribe rules to ensure
2-64 that, when it is necessary to preserve cash balances in the funds
2-65 and accounts in the state treasury, appropriations are drawn from
2-66 the treasury in proportion to the methods of financing specified in
2-67 the Acts authorizing the appropriations.
2-68 (b) The rules may include procedures relating to the deposit
2-69 of receipts and the issuance of warrants.
3-1 (c) This section does not affect other powers of the
3-2 comptroller under this subchapter, Subchapter H of Chapter 404, or
3-3 other law.
3-4 (d) This section does not apply if the method of financing
3-5 specified for an agency or an institution of higher education in
3-6 the Act authorizing appropriations includes interest earned or to
3-7 be earned on local funds of the agency or institution.
3-8 SECTION 8. Subsection (b), Section 403.245, Government Code,
3-9 is amended to read as follows:
3-10 (b) The replenishment of a petty cash account is an
3-11 expenditure from the corresponding fund and shall be drawn from the
3-12 appropriation from which the expenditure would otherwise have been
3-13 made.
3-14 SECTION 9. Section 771.008, Government Code, is amended by
3-15 adding Subsection (d) to read as follows:
3-16 (d) This subsection applies only if the services or
3-17 resources are provided under a written contract or agreement. The
3-18 receiving agency shall reimburse the providing agency within 30
3-19 days after the date by which the services or resources are provided
3-20 and an invoice is received. If the receiving agency does not
3-21 accept the services or resources or finds an error in the invoice,
3-22 it shall notify the providing agency of the fact in writing as soon
3-23 as possible within the 30-day period and make payment within 10
3-24 days after the date the agencies agree the problems are corrected
3-25 or the error resolved. If the agencies cannot agree on the amount
3-26 of the reimbursement, the comptroller shall determine the
3-27 appropriate amount. If the receiving agency does not, within the
3-28 30-day period, reimburse the providing agency or give the providing
3-29 agency written notice of a problem or error, the comptroller on
3-30 request of the providing agency may transfer from amounts
3-31 appropriated to the receiving agency the appropriate amount in
3-32 accordance with this section.
3-33 SECTION 10. Subdivision (7), Section 811.001, Government
3-34 Code, is amended to read as follows:
3-35 (7) "Compensation" means the base salary of a person;
3-36 amounts that would otherwise qualify as compensation but are not
3-37 received directly by a person pursuant to a good faith, voluntary,
3-38 written salary reduction agreement in order to finance payments to
3-39 a deferred compensation or tax sheltered annuity program
3-40 specifically authorized by state law or to finance benefit options
3-41 under a cafeteria plan qualifying under Section 125 of the Internal
3-42 Revenue Code of 1986 (26 U.S.C. Section 125); longevity and
3-43 hazardous duty pay; nonmonetary compensation, the value of which
3-44 is determined by the retirement system; amounts by which a person's
3-45 salary is reduced under a salary reduction agreement authorized by
3-46 Chapter 610; and the benefit replacement pay a person earns under
3-47 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
3-48 74th Legislature, 1995, except for the benefit replacement pay a
3-49 person earns as a result of a payment made under Subchapter B, C,
3-50 or D, Chapter 661. The term excludes overtime pay and a cleaning
3-51 or clothing allowance.
3-52 SECTION 11. (a) Subchapter B, Chapter 2001, Government
3-53 Code, is amended by adding Section 2001.039 to read as follows:
3-54 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES. (a) A
3-55 state agency shall review and consider for readoption each of its
3-56 rules in accordance with this section.
3-57 (b) A state agency shall review a rule not later than the
3-58 fourth anniversary of the date on which the rule takes effect and
3-59 every four years after that date. The adoption of an amendment to
3-60 an existing rule does not affect the dates on which the rule must
3-61 be reviewed except that the effective date of an amendment is
3-62 considered to be the effective date of the rule if the agency
3-63 formally conducts a review of the rule in accordance with this
3-64 section as part of the process of adopting the amendment.
3-65 (c) The state agency shall readopt, readopt with amendments,
3-66 or repeal a rule as the result of reviewing the rule under this
3-67 section.
3-68 (d) The procedures of this subchapter relating to the
3-69 original adoption of a rule apply to the review of a rule and to
4-1 the resulting repeal, readoption, or readoption with amendments of
4-2 the rule, except as provided by this subsection. Publishing the
4-3 Texas Administrative Code citation to a rule under review satisfies
4-4 the requirements of this subchapter relating to publishing the text
4-5 of the rule unless the agency readopts the rule with amendments as
4-6 a result of the review.
4-7 (e) A state agency's review of a rule must include an
4-8 assessment of whether the reasons for initially adopting the rule
4-9 continue to exist.
4-10 (b) The duties prescribed by this subsection apply only to
4-11 state agency rules that are in effect on September 1, 1999, and
4-12 that have not already been reviewed in accordance with Section 167,
4-13 Article IX, Chapter 1452, Acts of the 75th Legislature, Regular
4-14 Session, 1997 (General Appropriations Act). A state agency shall
4-15 review each of those rules in accordance with Section 2001.039,
4-16 Government Code, as added by this Act, and in accordance with this
4-17 subsection not later than August 31, 2003. Not later than August
4-18 31, 2000, each state agency shall develop and send to the secretary
4-19 of state for publication in the Texas Register a plan under which
4-20 the agency will review its existing rules. The plan must state for
4-21 each of those rules the date by which the state agency will begin
4-22 the review required by Section 2001.039, Government Code, as added
4-23 by this Act.
4-24 (c) For purposes of subsequent reviews under Section
4-25 2001.039, Government Code, as added by this Act, the effective date
4-26 of an existing rule initially reviewed under Subsection (b) of this
4-27 section or under Section 167, Article IX, Chapter 1452, Acts of the
4-28 75th Legislature, Regular Session, 1997 (General Appropriations
4-29 Act), is considered to be the date on which the state agency begins
4-30 the review of the rule by publishing in the Texas Register the
4-31 notice for the review required under Section 2001.024, Government
4-32 Code, through either Subsection (d), Section 2001.039 or Section
4-33 167.
4-34 SECTION 12. Subchapter D, Chapter 2052, Government Code, is
4-35 amended by adding Section 2052.304 to read as follows:
4-36 Sec. 2052.304. USE OF CERTAIN PRINTING STOCK. (a) A state
4-37 officer or board, court, commission, or other agency in the
4-38 executive or judicial branch of state government may not publish a
4-39 report or other printed materials on enamel-coated, cast-coated, or
4-40 dull-coated printing stock unless the agency imposes a fee for
4-41 receipt of the printed materials.
4-42 (b) This section does not apply to a publication that
4-43 promotes tourism or economic development.
4-44 SECTION 13. Subdivision (6), Section 2054.003, Government
4-45 Code, is amended to read as follows:
4-46 (6) "Information resources" means the procedures,
4-47 equipment, and software that are employed, designed, built,
4-48 operated, and maintained to collect, record, process, store,
4-49 retrieve, display, and transmit information, and associated
4-50 personnel including consultants and contractors.
4-51 SECTION 14. Subchapter F, Chapter 2054, Government Code, is
4-52 amended by adding Sections 2054.121 and 2054.122 to read as
4-53 follows:
4-54 Sec. 2054.121. COORDINATION AMONG INSTITUTIONS OF HIGHER
4-55 EDUCATION. An institution of higher education shall coordinate its
4-56 use of information technologies with other such institutions to
4-57 more effectively provide education, research, and community
4-58 service.
4-59 Sec. 2054.122. COORDINATED TECHNOLOGY TRAINING. A state
4-60 agency each calendar quarter shall coordinate agency training for
4-61 the use of information resources technologies with training offered
4-62 or coordinated by the department. The agency shall use training
4-63 offered or coordinated by the department if it meets agency
4-64 requirements and is cost-competitive.
4-65 SECTION 15. Subchapter C, Chapter 2101, Government Code, is
4-66 amended by adding Section 2101.0377 to read as follows:
4-67 Sec. 2101.0377. REPORTING ACCOUNTING IRREGULARITIES TO STATE
4-68 AUDITOR. On determining that a state agency, as defined by Section
4-69 658.001, or an institution of higher education, as defined by
5-1 Section 61.003, Education Code, has inaccurately reported the
5-2 expenditure of appropriated funds or engaged in recurring
5-3 accounting irregularities, the comptroller shall report the agency
5-4 or institution to the state auditor for appropriate action,
5-5 including a comprehensive financial audit.
5-6 SECTION 16. Subchapter B, Chapter 2155, Government Code, is
5-7 amended by adding Section 2155.084 to read as follows:
5-8 Sec. 2155.084. PURCHASES FROM FEDERAL GOVERNMENT. (a) The
5-9 commission or the governing body of an institution of higher
5-10 education may negotiate purchases of goods of any kind needed by a
5-11 state agency or the institution of higher education with the
5-12 appropriate agency of the federal government. The governing body
5-13 of an institution of higher education may act under this section
5-14 either directly or through the commission or another state agency.
5-15 (b) The price of goods that are purchased from the federal
5-16 government may not exceed the fair market value of the goods.
5-17 (c) In negotiating purchases of goods from the federal
5-18 government under this section or under Subchapter G, Chapter 2175,
5-19 the commission or the governing body of the institution of higher
5-20 education may waive the requirement of a bidder's bond and
5-21 performance bond that otherwise would be required.
5-22 SECTION 17. Subsection (a), Section 2155.132, Government
5-23 Code, is amended to read as follows:
5-24 (a) A state agency is delegated the authority to purchase
5-25 goods and services if the purchase does not exceed $15,000. If the
5-26 commission determines that a state agency has not followed the
5-27 commission's rules or the laws related to the delegated purchases,
5-28 the commission shall report its determination to the members of the
5-29 state agency's governing body and to the governor, lieutenant
5-30 governor, speaker of the house of representatives, and Legislative
5-31 Budget Board.
5-32 SECTION 18. Section 2155.268, Government Code, is amended to
5-33 read as follows:
5-34 Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST. (a) A
5-35 state agency may not maintain and use its own bidders list [only if
5-36 the commission determines by rule that the agency has specialized
5-37 needs that can best be met through maintaining and using its own
5-38 specialized bidders list]. The prohibition of this subsection does
5-39 not apply to the Texas Department of Transportation or to an
5-40 institution of higher education as defined by Section 61.003,
5-41 Education Code, but an institution of higher education should use
5-42 the master bidders list when possible.
5-43 (b) [The commission by rule may prescribe the categories of
5-44 purchases or other acquisitions for which a state agency's
5-45 specialized bidders list may be used.]
5-46 [(c)] A state agency may supplement the bidders list with
5-47 its own list of historically underutilized businesses if it
5-48 determines that the supplementation will increase the number of
5-49 historically underutilized businesses that submit bids.
5-50 (c) [(d)] A state agency may purchase goods and services
5-51 from a vendor who is not on the bidders list if the purchase price
5-52 does not exceed $5,000.
5-53 SECTION 19. Subchapter H, Chapter 2155, Government Code, is
5-54 amended by adding Section 2155.4441 to read as follows:
5-55 Sec. 2155.4441. PREFERENCE UNDER SERVICE CONTRACTS. A state
5-56 agency that contracts for services shall require the contractor, in
5-57 performing the contract, to purchase products and materials
5-58 produced in this state when they are available at a price and time
5-59 comparable to products and materials produced outside this state.
5-60 SECTION 20. Subchapter A, Chapter 2158, Government Code, is
5-61 amended by adding Section 2158.0031 to read as follows:
5-62 Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES.
5-63 A state agency authorized to purchase passenger vehicles or other
5-64 ground transportation vehicles for general use shall purchase
5-65 economical, fuel-efficient vehicles assembled in the United States
5-66 unless such a purchase would have a significant detrimental effect
5-67 on the use to which the vehicles will be put.
5-68 SECTION 21. Section 2161.002, Government Code, is amended by
5-69 adding Subsection (c) to read as follows:
6-1 (c) In adopting rules to administer this chapter, the
6-2 commission shall adopt rules that are based on the results of the
6-3 disparity study prepared by the comptroller under Section 65(c),
6-4 Chapter 684, Acts of the 73rd Legislature, Regular Session, 1993.
6-5 If other similar disparity studies are prepared on behalf of state
6-6 government, the commission shall revise the rules in response to
6-7 the findings of the latest disparity study. All state agencies and
6-8 institutions of higher education shall adopt the commission rules.
6-9 Each state agency and institution of higher education shall make a
6-10 good faith effort to increase purchases and contract awards to
6-11 historically underutilized businesses based on the rules adopted by
6-12 the commission.
6-13 SECTION 22. Section 2161.122, Government Code, is amended by
6-14 adding a new Subsection (c) and redesignating Subsections (c) and
6-15 (d) as Subsections (d) and (e) to read as follows:
6-16 (c) State agencies shall report to the commission in
6-17 accordance with Section 2161.125 the following information on
6-18 historically underutilized businesses with regard to the
6-19 expenditure of both treasury and nontreasury funds:
6-20 (1) the total dollar amount of purchases and payments
6-21 made under contracts awarded to historically underutilized
6-22 businesses;
6-23 (2) the number of contracts awarded to historically
6-24 underutilized and all other businesses; and
6-25 (3) the number of bids, proposals, or other applicable
6-26 expressions of interest made by historically underutilized
6-27 businesses with regard to contracting opportunities with the
6-28 agency.
6-29 (d) A state agency participating in a group purchasing
6-30 program described under Section 2155.139(b) shall send to the
6-31 commission in the agency's report under Section 2161.121 a separate
6-32 list of purchases from historically underutilized businesses that
6-33 are made through the group purchasing program, including the dollar
6-34 amount of each purchase allocated to the reporting agency.
6-35 (e) [(d)] A state agency's report is a record of the
6-36 agency's purchases for which the agency selected the vendor. If
6-37 the vendor was selected by the commission as part of its state
6-38 contract program, the commission shall include the purchase in the
6-39 commission's report of its own purchases unless the commission made
6-40 a sole source purchase for the agency under Section 2155.067. The
6-41 state agency for which the purchase was made shall report the
6-42 selection of the vendor on its report as if the agency selected the
6-43 vendor when the agency drew specifications for goods or services
6-44 that are proprietary to one vendor.
6-45 SECTION 23. Section 2161.123, Government Code, is amended by
6-46 adding Subsections (d), (e), (f), and (g) to read as follows:
6-47 (d) The state auditor shall report to the commission a state
6-48 agency that is not complying with this section or is not making a
6-49 good faith effort to implement the plan adopted under this section.
6-50 In determining whether a state agency is making a good faith effort
6-51 to implement the plan, the state auditor shall consider at a
6-52 minimum whether the agency has:
6-53 (1) adopted rules under Section 2161.002;
6-54 (2) used the commission's directory under Section
6-55 2161.064 and other resources to identify historically underutilized
6-56 businesses that are able and available to contract with the agency;
6-57 (3) made good faith, timely efforts to contact
6-58 identified historically underutilized businesses regarding
6-59 contracting opportunities; and
6-60 (4) conducted its procurement program in accordance
6-61 with the good faith effort methodology set out in commission rules.
6-62 (e) In conducting an audit of an agency's compliance with
6-63 this section or an agency's making of a good faith effort to
6-64 implement the plan adopted under this section, the state auditor
6-65 shall not consider the success or failure of the agency to contract
6-66 with historically underutilized businesses in any specific
6-67 quantity. The state auditor's review shall be restricted to the
6-68 agency's procedural compliance with Subsection (d).
6-69 (f) If the state auditor reports to the commission that a
7-1 state agency is not complying with this section or is not making a
7-2 good faith effort to implement the plan adopted under this section,
7-3 the commission shall assist the agency in complying with or in
7-4 making a good faith effort to implement the plan.
7-5 (g) If the state auditor reports to the commission under
7-6 Subsection (d) that a state agency is not complying with this
7-7 section or is not making a good faith effort to implement the plan
7-8 adopted under this section and the commission determines that one
7-9 year after the date of the state auditor's report to the commission
7-10 the agency is still either not complying with this section or not
7-11 making a good faith effort to implement the plan adopted under this
7-12 section, the commission may revoke the purchasing authority of the
7-13 agency. If the commission revokes an agency's delegated purchasing
7-14 authority under this section, the comptroller may consider that
7-15 fact in the event the commission needs a transfer of the agency's
7-16 appropriated funds to cover the costs to the commission of assuming
7-17 the agency's purchasing functions. The amount transferred from the
7-18 agency's funds to the commission shall be an amount determined by
7-19 the Legislative Budget Board.
7-20 SECTION 24. Subsection (c), Section 2165.104, Government
7-21 Code, is amended to read as follows:
7-22 (c) To the extent possible without sacrificing critical
7-23 public or client services, the commission may not allocate usable
7-24 office space, as defined by the commission, to a state agency under
7-25 Article I, [or] II, V, VI, VII, or VIII of the General
7-26 Appropriations Act or to the Texas Higher Education Coordinating
7-27 Board, the Texas Education Agency, the State Board for Educator
7-28 Certification, the Telecommunications Infrastructure Fund Board, or
7-29 the Office of Court Administration of the Texas Judicial System in
7-30 an amount that exceeds an average of 153 square feet per agency
7-31 employee for each agency site. To the extent that any of those
7-32 agencies allocates its own usable office space, as defined by the
7-33 commission, the agency shall allocate the space to achieve the
7-34 required ratio. This subsection does not apply to:
7-35 (1) an agency site at which fewer than 16 employees
7-36 are located;
7-37 (2) warehouse space;
7-38 (3) laboratory space;
7-39 (4) storage space exceeding 1,000 gross square feet;
7-40 (5) library space;
7-41 (6) space for hearing rooms used to conduct hearings
7-42 required under the administrative procedure law, Chapter 2001; or
7-43 (7) another type of space specified by commission
7-44 rule, if the commission determines that it is not practical to
7-45 apply this subsection to that space.
7-46 SECTION 25. Subchapter A, Chapter 2170, Government Code, is
7-47 amended by adding Sections 2170.009 and 2170.010 to read as
7-48 follows:
7-49 Sec. 2170.009. PAY TELEPHONES AUTHORIZED. (a) A pay
7-50 telephone may be located in the Capitol Complex only with the
7-51 approval of the commission. The commission shall collect the
7-52 revenue from the installation and operation of the pay telephone
7-53 and deposit it to the credit of the general revenue fund.
7-54 (b) In a state-owned or state-leased building or on
7-55 state-owned land to which Subsection (a) does not apply, a pay
7-56 telephone may be installed only with the approval of the governing
7-57 body of the state entity that has charge and control of the
7-58 building or land. The entity shall collect the revenue from the
7-59 installation and operation of the pay telephone and deposit it to
7-60 the credit of the general revenue fund unless the disposition of
7-61 the revenue is governed by other law.
7-62 (c) The commission or other state entity shall account for
7-63 the revenue collected under this section in the entity's annual
7-64 report.
7-65 Sec. 2170.010. UNLISTED TELEPHONE NUMBERS PROHIBITED. A
7-66 state agency and its officers and employees may not buy, rent, or
7-67 pay toll charges for a telephone for which the telephone number is
7-68 not listed or available from directory assistance to the general
7-69 public unless the unlisted telephone number is used:
8-1 (1) to provide access to computers, telephone system
8-2 control centers, long-distance networks, elevator control systems,
8-3 and other tone-controlled devices for which restricted access to
8-4 the telephone number is justified for security or other purposes;
8-5 (2) in narcotics undercover operations; or
8-6 (3) in the detection of illegal sales of securities.
8-7 SECTION 26. Section 2170.051, Government Code, is amended to
8-8 read as follows:
8-9 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
8-10 commission shall manage the operation of a system of
8-11 telecommunications services for all state agencies. Each agency
8-12 shall identify its particular requirements for telecommunications
8-13 services and the site at which the services are to be provided.
8-14 (b) The commission shall fulfill the telecommunications
8-15 requirements of each state agency to the extent possible and to the
8-16 extent that money is appropriated or available for that purpose.
8-17 (c) A state agency shall use the consolidated
8-18 telecommunications system to the fullest extent possible. A state
8-19 agency may not acquire telecommunications services unless the
8-20 telecommunications planning group determines that the agency's
8-21 requirement for telecommunications services cannot be met at a
8-22 comparable cost by the consolidated telecommunications system.
8-23 (d) A state agency may not enter into or renew a contract
8-24 with a carrier or other provider of telecommunications services
8-25 without obtaining a waiver from the telecommunications planning
8-26 group certifying that the requested telecommunications services
8-27 cannot be provided at a comparable cost on the consolidated
8-28 telecommunications system. The telecommunications planning group
8-29 shall evaluate requests for waivers based on cost-effectiveness to
8-30 the state government as a whole. A waiver may be granted only for
8-31 a specific period and will automatically expire on the stated
8-32 expiration date unless an extension is approved by the
8-33 telecommunications planning group. A contract for
8-34 telecommunications services obtained under waiver may not extend
8-35 beyond the expiration date of the waiver. If the
8-36 telecommunications planning group becomes aware of any state agency
8-37 receiving telecommunications services without a waiver, the
8-38 telecommunications planning group shall notify the agency and the
8-39 comptroller. The state agency shall have 60 days after
8-40 notification by the telecommunications planning group in which to
8-41 submit a waiver request to the telecommunications planning group
8-42 documenting the agency's reasoning for bypassing the consolidated
8-43 telecommunications system and otherwise providing all information
8-44 required by the waiver application form.
8-45 SECTION 27. Subsection (b), Section 2170.057, Government
8-46 Code, is amended to read as follows:
8-47 (b) The comptroller shall establish in the state treasury a
8-48 revolving fund account for the administration of this chapter. The
8-49 account shall be used as a depository for money received from
8-50 entities served. Receipts attributable to the centralized capitol
8-51 complex telephone system shall be deposited into the account but
8-52 separately identified within the account.
8-53 SECTION 28. Section 2201.002, Government Code, is amended by
8-54 adding Subsection (c) to read as follows:
8-55 (c) The fund may not be used to pay salaries.
8-56 SECTION 29. Chapter 2203, Government Code, is amended by
8-57 adding Sections 2203.004 and 2203.005 to read as follows:
8-58 Sec. 2203.004. REQUIREMENT TO USE STATE PROPERTY FOR STATE
8-59 PURPOSES. State property may be used only for state purposes. A
8-60 person may not entrust state property to a state officer or
8-61 employee or to any other person if the property is not to be used
8-62 for state purposes.
8-63 Sec. 2203.005. VENDING MACHINES AUTHORIZED. (a) In a
8-64 state-owned or state-leased building or on state-owned or
8-65 state-leased property that is not served by a vendor operating
8-66 under the supervision of the Texas Commission for the Blind, a
8-67 vending machine may be located in the building or on the property
8-68 only with the approval of the governing body of the state agency
8-69 that has charge and control of the building or property. The
9-1 approval must be recorded in the minutes of a meeting of the
9-2 governing body.
9-3 (b) The state agency shall file with the General Services
9-4 Commission a copy of all contracts between the state agency and the
9-5 vendor related to the vending machine and a written description of
9-6 the location of the vending machine.
9-7 (c) All rentals, commissions, or other net revenue the state
9-8 agency receives in connection with the vending machine shall be
9-9 accounted for as state money and deposited to the credit of the
9-10 general revenue fund unless the disposition of the revenue is
9-11 governed by other law. The state agency shall account for the
9-12 revenue received under this section in the agency's annual report.
9-13 (d) In a state-owned or state-leased building or on
9-14 state-owned or state-leased property that is served by a vendor
9-15 operating under the supervision of the Texas Commission for the
9-16 Blind, a vending machine may be located and operated in the
9-17 building or on the property only under a joint contract with the
9-18 owners of the vending machine and the vendor operating under the
9-19 supervision of the Texas Commission for the Blind.
9-20 SECTION 30. Subchapter A, Chapter 2204, Government Code, is
9-21 amended by adding Sections 2204.002 and 2204.003 to read as
9-22 follows:
9-23 Sec. 2204.002. RESTRICTION ON ACQUISITION OF REAL PROPERTY.
9-24 A state agency, as defined by Section 658.001, may not accept a
9-25 gift or devise of real property or spend appropriated money to
9-26 purchase real property without statutory authority or other
9-27 legislative authorization.
9-28 Sec. 2204.003. GIFTS OF REAL PROPERTY TO INSTITUTIONS OF
9-29 HIGHER EDUCATION. An institution of higher education, as defined
9-30 by Section 61.003, Education Code, may accept a gift or devise of
9-31 real property from a private entity to establish scholarships or
9-32 professorships or to be held in trust for other educational
9-33 purposes only if the administrative head or the presiding officer
9-34 of the governing body of the institution certifies to the
9-35 Legislative Budget Board that an appropriation of educational and
9-36 general funds will not be required in the future to operate,
9-37 maintain, repair, or construct a building on the property.
9-38 SECTION 31. Section 2251.030, Government Code, is amended to
9-39 read as follows:
9-40 Sec. 2251.030. PROMPT OR EARLY PAYMENT DISCOUNT. (a) The
9-41 intent of the legislature is that a governmental entity should take
9-42 advantage of an offer for an early payment discount. A state
9-43 agency shall when possible negotiate a prompt payment discount with
9-44 a vendor.
9-45 (b) A governmental entity may not take an early payment
9-46 discount a vendor offers unless the governmental entity makes a
9-47 full payment within the discount period.
9-48 (c) If a governmental entity takes an early payment discount
9-49 later, the unpaid balance accrues interest beginning on the date
9-50 the discount offer expires.
9-51 (d) A state agency, when paying for goods and services
9-52 purchased under an agreement that includes a prompt or early
9-53 payment discount, shall submit the necessary payment documents or
9-54 information to the comptroller sufficiently in advance of the
9-55 prompt or early payment deadline to allow the comptroller or the
9-56 agency to pay the vendor in time to obtain the discount.
9-57 SECTION 32. Section 2252.901, Government Code, is amended to
9-58 read as follows:
9-59 Sec. 2252.901. CONTRACTS WITH FORMER OR RETIRED AGENCY
9-60 EMPLOYEES. (a) A state agency may not enter into an employment
9-61 contract, a professional services contract under Chapter 2254, or a
9-62 consulting services contract under Chapter 2254 with a former or
9-63 retired employee of the agency before the first anniversary of the
9-64 last date on which the individual was employed by the agency, if
9-65 appropriated money will be used to make payments under the
9-66 contract.
9-67 (b) A state agency that contracts at any time with a retired
9-68 agency employee to perform services substantially similar to the
9-69 services the retiree performed for the agency during the last 12
10-1 months of service before retirement may not make payments under the
10-2 contract from any source of revenue at an annualized rate that
10-3 exceeds the lesser of:
10-4 (1) the rate of compensation the retiree received from
10-5 the state during the last 12 months of service before retirement;
10-6 or
10-7 (2) $60,000.
10-8 (c) [(b)] The contract payment limitation provided by
10-9 Subsection (b) [(a)] does not apply during the first six months a
10-10 retiree performs services under a contract after retirement, except
10-11 that if a retiree performs services under the contract for more
10-12 than six months, the limitation applies to the entire term of the
10-13 contract.
10-14 (d) [(c)] In this section:
10-15 (1) "Employment contract" includes a personal services
10-16 contract regardless of whether the performance of the contract
10-17 involves the traditional relationship of employer and employee.
10-18 The term does not apply to an at-will employment relationship that
10-19 involves the traditional relationship of employer and employee.
10-20 (2) "Retired agency employee" means a person:
10-21 (A) whose last state service before retirement
10-22 was for the state agency with which the retiree contracts to
10-23 perform services; and
10-24 (B) who is a retiree of:
10-25 (i) the employee class of membership of
10-26 the Employees Retirement System of Texas; or
10-27 (ii) the Teacher Retirement System of
10-28 Texas, the majority of whose service was credited in that system in
10-29 a position with a state agency.
10-30 (3) [(2)] "State agency" includes a "public senior
10-31 college or university," as that term is defined by Section 61.003,
10-32 Education Code.
10-33 SECTION 33. Subchapter A, Chapter 2254, Government Code, is
10-34 amended by adding Section 2254.0031 to read as follows:
10-35 Sec. 2254.0031. INDEMNIFICATION. A state governmental
10-36 entity may require a contractor selected under this subchapter to
10-37 indemnify or hold harmless the state from claims and liabilities
10-38 resulting from the negligent acts or omissions of the contractor or
10-39 persons employed by the contractor. A state governmental entity
10-40 may not require a contractor to indemnify or hold harmless the
10-41 state for claims or liabilities resulting from the negligent acts
10-42 or omissions of the state governmental entity or its employees.
10-43 SECTION 34. Subchapter B, Chapter 205, Labor Code, is
10-44 amended by adding Section 205.019 to read as follows:
10-45 Sec. 205.019. REIMBURSEMENT FROM NON-TREASURY FUNDS. (a) A
10-46 branch, department, or other instrumentality of this state that
10-47 reimburses the commission with funds that are held outside the
10-48 state treasury shall reimburse the commission by writing a check to
10-49 the commission for deposit into the appropriate unemployment
10-50 compensation account. A deposit under this section shall be made
10-51 not later than the 30th day after the date the instrumentality
10-52 receives the commission's statement of amounts due.
10-53 (b) The commission shall send a copy of each statement of
10-54 amounts due from a branch, department, or other instrumentality of
10-55 this state that reimburses the commission with funds that are held
10-56 outside the state treasury to the comptroller and the state
10-57 auditor.
10-58 (c) A branch, department, or other instrumentality affected
10-59 by this section may allocate appropriate funds to a revolving
10-60 account on its books to receive contributions from funds other than
10-61 general revenue funds, based on an assessment it determines to be
10-62 appropriate for the purpose of reimbursing the appropriate
10-63 unemployment compensation account for benefits paid.
10-64 (d) The state auditor shall review affected entities for
10-65 compliance with this section.
10-66 SECTION 35. The chapter heading to Chapter 506, Labor Code,
10-67 is amended to read as follows:
11-1 CHAPTER 506. MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENT
11-2 EMPLOYEES [PAYMENT OF CERTAIN JUDGMENTS]
11-3 SECTION 36. Chapter 506, Labor Code, is amended by adding
11-4 Section 506.002 to read as follows:
11-5 Sec. 506.002. REIMBURSEMENT FROM NON-TREASURY FUNDS.
11-6 (a) An agency or other instrumentality of state government that,
11-7 with funds that are held outside the state treasury, reimburses the
11-8 general revenue fund for workers' compensation payments made out of
11-9 the general revenue fund to former or current employees of the
11-10 agency or other instrumentality shall reimburse the general revenue
11-11 fund by writing a check to the comptroller:
11-12 (1) for deposit into the appropriate account in the
11-13 general revenue fund; and
11-14 (2) not later than 30 days after receiving the
11-15 statement of amounts due.
11-16 (b) The workers' compensation division of the office of the
11-17 attorney general shall send to the comptroller and the state
11-18 auditor a copy of each statement of amounts due from an agency or
11-19 other instrumentality of state government that, with funds that are
11-20 held outside the state treasury, reimburses the general revenue
11-21 fund for workers' compensation payments made out of the general
11-22 revenue fund.
11-23 (c) An agency or other instrumentality of state government
11-24 affected by this section may allocate appropriate funds to a
11-25 revolving account on its books to receive contributions from funds
11-26 other than general revenue funds, based on an assessment it
11-27 determines to be appropriate for the purpose of reimbursing the
11-28 general revenue fund for the workers' compensation payments made to
11-29 its current or former employees.
11-30 (d) The state auditor shall review affected entities for
11-31 compliance with this section.
11-32 SECTION 37. Subchapter D, Chapter 11, Natural Resources
11-33 Code, is amended by adding Section 11.0791 to read as follows:
11-34 Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE
11-35 LANDS. When a state governmental entity sells state land, the
11-36 entity shall require that the state have the right of ingress and
11-37 egress to remaining state land in the immediate area by an easement
11-38 to a public thoroughfare.
11-39 SECTION 38. Subchapter D, Chapter 11, Natural Resources
11-40 Code, is amended by adding Section 11.083 to read as follows:
11-41 Sec. 11.083. RETENTION OF MINERAL RIGHTS. The state shall
11-42 retain the mineral rights to state land that is sold unless it is
11-43 impractical to do so.
11-44 SECTION 39. Section 31.401, Natural Resources Code, is
11-45 amended to read as follows:
11-46 Sec. 31.401. NATURAL GAS ACQUISITION CONTRACTS. (a) The
11-47 land office shall review and must approve any contract entered into
11-48 by a state agency for the acquisition of an annual average of 100
11-49 MCF per day or more of natural gas used to meet its [in the
11-50 production of] energy requirements.
11-51 (b) Before approving a contract described by Subsection (a)
11-52 of this section, the land office shall ensure that the agency, to
11-53 meet its energy requirements, is using, to the greatest extent
11-54 practical, natural gas produced from land leased from:
11-55 (1) the school land board;
11-56 (2) a board for lease other than the Board for Lease
11-57 of University Lands; or
11-58 (3) the surface owner of Relinquishment Act land.
11-59 (c) If the land office is able to substitute a contract
11-60 using in-kind royalty gas from state-owned lands or using other gas
11-61 for a contract under which a state agency acquires or proposes to
11-62 acquire its natural gas supplies, the commissioner shall inform the
11-63 comptroller each month of the amount of savings attributable to the
11-64 substitution.
11-65 (d) In this section, "state agency" has the meaning assigned
11-66 by Subchapter A, Chapter 572, Government Code.
11-67 SECTION 40. Subsection (d), Section 403.273, Government
11-68 Code, is repealed.
11-69 SECTION 41. Subsection (c), Section 2165.104, Government
12-1 Code, as amended by this Act, does not apply to the Texas Higher
12-2 Education Coordinating Board or the State Board for Educator
12-3 Certification until the expiration of all leases under which the
12-4 board occupies office space on the effective date of this Act.
12-5 SECTION 42. This Act does not affect the authority of an
12-6 institution of higher education to collect, account for, and
12-7 control local funds and institutional funds in the manner
12-8 authorized by Subchapter A, Chapter 51, Education Code.
12-9 SECTION 43. This section provides, for information purposes
12-10 only, a derivation table for the provisions of the General
12-11 Appropriations Act that are codified in general law by other
12-12 sections of this Act. The first column identifies the codified
12-13 law; all references are to the Government Code unless otherwise
12-14 noted. The second column identifies for each codified law the
12-15 applicable source provision in Article IX of the General
12-16 Appropriations Act for the fiscal biennium ending August 31, 1999
12-17 (Chapter 1452, Acts of the 75th Legislature, Regular Session,
12-18 1997).
12-19 Codified Law Source Provision
12-20 Sec. 101.027(a), Civil Practice Sec. 61
12-21 and Remedies Code
12-22 Sec. 106.001(c), Civil Practice Sec. 124.11
12-23 and Remedies Code
12-24 Sec. 306.007 Sec. 40.2
12-25 Sec. 321.013(c) Sec. 176, 124.8 (part)
12-26 Sec. 321.014(c) Sec. 91
12-27 Sec. 325.011(9)(b) Sec. 124.10
12-28 Sec. 403.097 Sec. 32.2
12-29 Sec. 403.245(b) Sec. 126
12-30 Sec. 771.008(d) Sec. 78
12-31 Sec. 811.001(7) Sec. 181, last sent.
12-32 Sec. 2001.039 Sec. 167
12-33 Sec. 2052.304 Sec. 40.3
12-34 Sec. 2054.003(6) Sec. 43.1.a
12-35 Sec. 2054.121 Sec. 43.5
12-36 Sec. 2054.122 Sec. 156
12-37 Sec. 2101.0377 Sec. 70
12-38 Sec. 2155.084 Sec. 135, 1st 2 par.
12-39 Sec. 2155.132(a) Sec. 90
12-40 Sec. 2155.268 Sec. 56
12-41 Sec. 2155.4441 Sec. 53
12-42 Sec. 2158.0031 Sec. 20.3, 1st sent.
12-43 Sec. 2161.002(c) Sec. 124.5
12-44 Sec. 2161.122(c) Sec. 124.6, 124.7
12-45 Sec. 2161.123(d)-(g) Sec. 124.8, 124.9
12-46 Sec. 2165.104(c) Sec. 154, except last sent.
12-47 Sec. 2170.009 Sec. 111 (most)
12-48 Sec. 2170.010 Sec. 141
12-49 Secs. 2170.051(c), (d) Sec. 140
12-50 Sec. 2170.057(b) Sec. 139, 2nd par.
12-51 Sec. 2201.002(c) Sec. 150.2
12-52 Sec. 2203.004 Sec. 149
12-53 Sec. 2203.005 Sec. 110 (most)
12-54 Sec. 2204.002 Sec. 135, 3rd par., 1st
12-55 sent.
12-56 Sec. 2204.003 Sec. 135, 3rd par., 2nd
12-57 sent.
12-58 Sec. 2251.030 Sec. 79
12-59 Sec. 2252.901 Sec. 52
12-60 Sec. 2254.0031 Sec. 51
12-61 Sec. 205.019, Labor Code Sec. 80 (part)
12-62 Sec. 506.002, Labor Code Sec. 81 (part)
12-63 Sec. 11.0791, Natural Resources Code Sec. 148, 1st par.
12-64 Sec. 11.083, Natural Resources Code Sec. 147
12-65 Sec. 31.401, Natural Resources Code Sec. 144 (part)
12-66 SECTION 44. This Act takes effect September 1, 1999.
12-67 SECTION 45. The importance of this legislation and the
12-68 crowded condition of the calendars in both houses create an
12-69 emergency and an imperative public necessity that the
13-1 constitutional rule requiring bills to be read on three several
13-2 days in each house be suspended, and this rule is hereby suspended.
13-3 * * * * *