By: Haywood, et al. S.B. No. 549
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the oversight and operations of regional planning
1-2 commissions and councils of governments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (1), Section 391.002, Local
1-5 Government Code, is amended to read as follows:
1-6 (1) "Local governmental [Governmental] unit" means a
1-7 county, municipality, authority, district, or other political
1-8 subdivision of the state and includes a regional planning
1-9 commission or council of governments formed by counties and
1-10 municipalities under the provisions of this chapter.
1-11 SECTION 2. Subsections (a) and (b), Section 391.005, Local
1-12 Government Code, are amended to read as follows:
1-13 (a) A commission may contract with a participating
1-14 governmental unit to perform a service if:
1-15 (1) the participating governmental unit could contract
1-16 with another governmental unit, the state, or a private
1-17 organization without governmental powers to perform the service;
1-18 and
1-19 (2) the contract to perform the service does not
1-20 impose a cost or obligation on a participating governmental unit
1-21 not a party to the contract.
1-22 (b) A commission may:
1-23 (1) purchase, lease, or otherwise acquire property;
1-24 (2) hold or sell or otherwise dispose of property;
2-1 (3) employ staff and consult with and retain experts;
2-2 or
2-3 (4)(A) provide retirement benefits for its employees
2-4 through a jointly contributory retirement plan with an agency,
2-5 firm, or corporation authorized to do business in the state; or
2-6 (B) participate in the Texas Municipal
2-7 Retirement System[, the Employees Retirement System of Texas,] or
2-8 the Texas County and District Retirement System when those systems
2-9 by legislation or administrative arrangement permit participation.
2-10 SECTION 3. Section 391.006, Local Government Code, is
2-11 amended by adding Subsections (c), (d), and (e) to read as follows:
2-12 (c) The governing body of each commission shall establish
2-13 salary schedules for all employees, benefits available to
2-14 employees, travel approval and reimbursement policies, and
2-15 procurement policies and procedures. Salary schedules shall not be
2-16 changed without a compensation study of market salaries and
2-17 benefits, and any changes to the salary schedules shall be
2-18 consistent with the findings of the study.
2-19 (d) The governing body of each commission shall arrange
2-20 annually for at least eight hours of training for its members.
2-21 Training topics shall include the personnel, procurement, and
2-22 travel policies of the commission; the duties of governing body
2-23 members; compliance with open meeting, open records,
2-24 conflict-of-interest, and nepotism laws applicable to the
2-25 commission; and the finances and work program of the commission,
2-26 including audits and contractual responsibilities to state and
3-1 federal agencies. Training on the required topics may be provided
3-2 as a part of other required training for county or municipal
3-3 officials.
3-4 (e) The nepotism provisions of Chapter 573, Government Code,
3-5 apply to a commission.
3-6 SECTION 4. Section 391.009, Local Government Code, is
3-7 amended to read as follows:
3-8 Sec. 391.009. Role of Governor and State Agencies. (a) The
3-9 governor may [shall] issue rules for [guidelines to] commissions
3-10 and governmental units to carry out the provisions of this chapter,
3-11 including but not limited [relating] to review and comment
3-12 procedures.
3-13 (b) The governor and state agencies shall provide technical
3-14 information and assistance to the members and staff of a commission
3-15 to increase, to the greatest extent feasible, the capability of the
3-16 commission to discharge its duties and responsibilities prescribed
3-17 by this chapter.
3-18 (c) The governing body of a commission shall report to the
3-19 governor annually on its operation and oversight of the commission,
3-20 the receipt and expenditures of funds, the calculation of direct
3-21 and indirect expenses, the acquisition and disposal of assets,
3-22 compensation policies and studies, audits, and the performance of
3-23 the commission, including achievement of local objectives and
3-24 contributions to the performance measures of any state agency from
3-25 which the commission receives funds.
3-26 (d) Annually, each commission shall provide to the governor
4-1 a copy of an audit of its accounts conducted by a qualified
4-2 independent auditor and such other reports as shall be required by
4-3 the governor to assure compliance with requirements of this
4-4 chapter. If the governor determines that there is a question about
4-5 the appropriateness of an expenditure or other action of a
4-6 commission, the governor shall report the expenditure to the state
4-7 auditor for review.
4-8 (e) Annually, at least 30 days before the commencement of
4-9 its independent audit, a commission shall give each state agency
4-10 that provides funds to the commission a written notice of its
4-11 planned audit along with an opportunity to specify audit objectives
4-12 of the agency to be addressed in the independent audit.
4-13 (f) State agencies shall review a commission's most recent
4-14 independent audit before initiating a field audit of the commission
4-15 and shall coordinate their audits, including requests for
4-16 information, the timing of audits, and the number of auditors on
4-17 site at any given time.
4-18 (g) A commission shall also send to the state auditor, the
4-19 comptroller, and the Legislative Budget Board a copy of a report or
4-20 an audit required under this chapter.
4-21 SECTION 5. Section 391.011, Local Government Code, is
4-22 amended by adding Subsections (e) and (f) to read as follows:
4-23 (e) A commission shall not expend public funds, including
4-24 funds appropriated by the state, for any of the following purposes:
4-25 (1) travel by a spouse;
4-26 (2) personal business expenses;
5-1 (3) personal entertainment;
5-2 (4) alcoholic beverages;
5-3 (5) personal services such as dry cleaning or laundry;
5-4 (6) any expense that is also being reimbursed by
5-5 another governmental unit or private source;
5-6 (7) any expense for which compensation was initially
5-7 made through a per diem or a group purchase; or
5-8 (8) any airfare other than coach class airfare, unless
5-9 coach class airfares are unavailable.
5-10 (f) A commission shall comply with the provisions of state
5-11 and federal law regarding the use of state or federal funds for
5-12 lobbying or advocacy.
5-13 SECTION 6. This Act takes effect September 1, 1999.
5-14 SECTION 7. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.