By Junell                                             H.B. No. 2071
         77R2039 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to establishing a billing procedure to ensure that each
 1-3     state agency is billed for the cost of support services allocated
 1-4     to the agency under the statewide cost allocation plan.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 2106.002(b), Government Code, is amended
 1-7     to read as follows:
 1-8           (b)  The plan must:
 1-9                 (1)  identify the costs of providing statewide support
1-10     services to each state agency;
1-11                 (2)  allocate to each state agency an appropriate
1-12     portion of the total costs of statewide support services, including
1-13     costs identified under Subdivision (1); [and]
1-14                 (3)  identify, to the extent possible, the amount of
1-15     federally reimbursable indirect costs in each allocated portion;
1-16     and
1-17                 (4)  develop and prescribe a billing procedure that
1-18     ensures each state agency is billed for all costs allocated to the
1-19     agency under Subdivision (2) for which the agency is not obligated
1-20     to pay another state agency under other law.
1-21           SECTION 2.  Section 2106.006, Government Code, is amended to
1-22     read as follows:
1-23           Sec. 2106.006.  GENERAL REVENUE FUND REIMBURSEMENT. (a)
1-24     Subject to Subsection (c), a [A] state agency [that receives
 2-1     federal money for federally reimbursable indirect costs] shall send
 2-2     to the comptroller for deposit to the credit of the general revenue
 2-3     fund [the lesser of]:
 2-4                 (1)  the amount of federal money received by the agency
 2-5     for federally reimbursable indirect costs to the extent that the
 2-6     indirect costs are statewide allocated costs for which the agency
 2-7     is billed under Section 2106.002(b); [or]
 2-8                 (2)  the amount the agency has received in fees:
 2-9                       (A)  that in accordance with Section 2106.005(2)
2-10     should be accounted for as payment [the amount allocated to the
2-11     agency in the governor's statewide cost allocation plan] for the
2-12     cost of providing statewide support services to the agency; and
2-13                       (B)  to the extent the agency is billed for those
2-14     amounts under Section 2106.002(b); and
2-15                 (3)  any remaining amounts still necessary to pay the
2-16     amount billed under Section 2106.002(b).
2-17           (b)  Subject to Subsection (c), to the extent the amount
2-18     billed under Section 2106.002(b) is not totally paid under
2-19     Subsections (a)(1) and (a)(2), the comptroller shall transfer to
2-20     the general revenue fund the appropriate amount charged against
2-21     items of appropriation in connection with which the remaining
2-22     unpaid statewide allocated costs were incurred [This section does
2-23     not apply to money received by a state agency for federally
2-24     reimbursable indirect costs to the extent that the agency has
2-25     previously paid another state agency for services for which the
2-26     first agency has been reimbursed].
2-27           (c)  The legislature may provide in the General
 3-1     Appropriations Act that payment of the amount billed under Section
 3-2     2106.002(b) is waived to the extent payment would be made from a
 3-3     state agency's general revenue appropriation.
 3-4           (d)  A state agency shall send to the comptroller information
 3-5     the comptroller requires to transfer amounts under Subsection (b).
 3-6           (e)  The comptroller shall adopt rules necessary to
 3-7     prescribe:
 3-8                 (1)  the timing and method of transfers under this
 3-9     section; and
3-10                 (2)  the manner in which a state agency shall send to
3-11     the comptroller information the comptroller requires to transfer
3-12     amounts under Subsection (b).
3-13           SECTION 3.  This Act takes effect September 1, 2001.