1-1 By: Haywood, et al. S.B. No. 549
1-2 (In the Senate - Filed February 16, 1999; February 17, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 31, 1999, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; March 31, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the oversight and operations of regional planning
1-9 commissions and councils of governments.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (1), Section 391.002, Local
1-12 Government Code, is amended to read as follows:
1-13 (1) "Local governmental [Governmental] unit" means a
1-14 county, municipality, authority, district, or other political
1-15 subdivision of the state and includes a regional planning
1-16 commission or council of governments formed by counties and
1-17 municipalities under the provisions of this chapter.
1-18 SECTION 2. Subsections (a) and (b), Section 391.005, Local
1-19 Government Code, are amended to read as follows:
1-20 (a) A commission may contract with a participating
1-21 governmental unit to perform a service if:
1-22 (1) the participating governmental unit could contract
1-23 with another governmental unit, the state, or a private
1-24 organization without governmental powers to perform the service;
1-25 and
1-26 (2) the contract to perform the service does not
1-27 impose a cost or obligation on a participating governmental unit
1-28 not a party to the contract.
1-29 (b) A commission may:
1-30 (1) purchase, lease, or otherwise acquire property;
1-31 (2) hold or sell or otherwise dispose of property;
1-32 (3) employ staff and consult with and retain experts;
1-33 or
1-34 (4)(A) provide retirement benefits for its employees
1-35 through a jointly contributory retirement plan with an agency,
1-36 firm, or corporation authorized to do business in the state; or
1-37 (B) participate in the Texas Municipal
1-38 Retirement System[, the Employees Retirement System of Texas,] or
1-39 the Texas County and District Retirement System when those systems
1-40 by legislation or administrative arrangement permit participation.
1-41 SECTION 3. Section 391.006, Local Government Code, is
1-42 amended by adding Subsections (c), (d), and (e) to read as follows:
1-43 (c) The governing body of each commission shall establish
1-44 salary schedules for all employees, benefits available to
1-45 employees, travel approval and reimbursement policies, and
1-46 procurement policies and procedures. Salary schedules shall not be
1-47 changed without a compensation study of market salaries and
1-48 benefits, and any changes to the salary schedules shall be
1-49 consistent with the findings of the study.
1-50 (d) The governing body of each commission shall arrange
1-51 annually for at least eight hours of training for its members.
1-52 Training topics shall include the personnel, procurement, and
1-53 travel policies of the commission; the duties of governing body
1-54 members; compliance with open meeting, open records,
1-55 conflict-of-interest, and nepotism laws applicable to the
1-56 commission; and the finances and work program of the commission,
1-57 including audits and contractual responsibilities to state and
1-58 federal agencies. Training on the required topics may be provided
1-59 as a part of other required training for county or municipal
1-60 officials.
1-61 (e) The nepotism provisions of Chapter 573, Government Code,
1-62 apply to a commission.
1-63 SECTION 4. Section 391.009, Local Government Code, is
1-64 amended to read as follows:
2-1 Sec. 391.009. Role of Governor and State Agencies. (a) The
2-2 governor may [shall] issue rules for [guidelines to] commissions
2-3 and governmental units to carry out the provisions of this chapter,
2-4 including but not limited [relating] to review and comment
2-5 procedures.
2-6 (b) The governor and state agencies shall provide technical
2-7 information and assistance to the members and staff of a commission
2-8 to increase, to the greatest extent feasible, the capability of the
2-9 commission to discharge its duties and responsibilities prescribed
2-10 by this chapter.
2-11 (c) The governing body of a commission shall report to the
2-12 governor annually on its operation and oversight of the commission,
2-13 the receipt and expenditures of funds, the calculation of direct
2-14 and indirect expenses, the acquisition and disposal of assets,
2-15 compensation policies and studies, audits, and the performance of
2-16 the commission, including achievement of local objectives and
2-17 contributions to the performance measures of any state agency from
2-18 which the commission receives funds.
2-19 (d) Annually, each commission shall provide to the governor
2-20 a copy of an audit of its accounts conducted by a qualified
2-21 independent auditor and such other reports as shall be required by
2-22 the governor to assure compliance with requirements of this
2-23 chapter. If the governor determines that there is a question about
2-24 the appropriateness of an expenditure or other action of a
2-25 commission, the governor shall report the expenditure to the state
2-26 auditor for review.
2-27 (e) Annually, at least 30 days before the commencement of
2-28 its independent audit, a commission shall give each state agency
2-29 that provides funds to the commission a written notice of its
2-30 planned audit along with an opportunity to specify audit objectives
2-31 of the agency to be addressed in the independent audit.
2-32 (f) State agencies shall review a commission's most recent
2-33 independent audit before initiating a field audit of the commission
2-34 and shall coordinate their audits, including requests for
2-35 information, the timing of audits, and the number of auditors on
2-36 site at any given time.
2-37 (g) A commission shall also send to the state auditor, the
2-38 comptroller, and the Legislative Budget Board a copy of a report or
2-39 an audit required under this chapter.
2-40 SECTION 5. Section 391.011, Local Government Code, is
2-41 amended by adding Subsections (e) and (f) to read as follows:
2-42 (e) A commission shall not expend public funds, including
2-43 funds appropriated by the state, for any of the following purposes:
2-44 (1) travel by a spouse;
2-45 (2) personal business expenses;
2-46 (3) personal entertainment;
2-47 (4) alcoholic beverages;
2-48 (5) personal services such as dry cleaning or laundry;
2-49 (6) any expense that is also being reimbursed by
2-50 another governmental unit or private source;
2-51 (7) any expense for which compensation was initially
2-52 made through a per diem or a group purchase; or
2-53 (8) any airfare other than coach class airfare, unless
2-54 coach class airfares are unavailable.
2-55 (f) A commission shall comply with the provisions of state
2-56 and federal law regarding the use of state or federal funds for
2-57 lobbying or advocacy.
2-58 SECTION 6. This Act takes effect September 1, 1999.
2-59 SECTION 7. The importance of this legislation and the
2-60 crowded condition of the calendars in both houses create an
2-61 emergency and an imperative public necessity that the
2-62 constitutional rule requiring bills to be read on three several
2-63 days in each house be suspended, and this rule is hereby suspended.
2-64 * * * * *