1-1 By: Junell (Senate Sponsor - Haywood) H.B. No. 2071
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on Finance;
1-4 May 9, 2001, reported favorably by the following vote: Yeas 11,
1-5 Nays 0, 1 present, not voting; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to establishing a billing procedure to ensure that each
1-9 state agency is billed for the cost of support services allocated
1-10 to the agency under the statewide cost allocation plan.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 2106.002(b), Government Code, is amended
1-13 to read as follows:
1-14 (b) The plan must:
1-15 (1) identify the costs of providing statewide support
1-16 services to each state agency;
1-17 (2) allocate to each state agency an appropriate
1-18 portion of the total costs of statewide support services, including
1-19 costs identified under Subdivision (1); [and]
1-20 (3) identify, to the extent possible, the amount of
1-21 federally reimbursable indirect costs in each allocated portion;
1-22 and
1-23 (4) develop and prescribe a billing procedure that
1-24 ensures each state agency is billed for all costs allocated to the
1-25 agency under Subdivision (2) for which the agency is not obligated
1-26 to pay another state agency under other law.
1-27 SECTION 2. Section 2106.006, Government Code, is amended to
1-28 read as follows:
1-29 Sec. 2106.006. GENERAL REVENUE FUND REIMBURSEMENT. (a)
1-30 Subject to Subsection (c), a [A] state agency [that receives
1-31 federal money for federally reimbursable indirect costs] shall send
1-32 to the comptroller for deposit to the credit of the general revenue
1-33 fund [the lesser of]:
1-34 (1) the amount of federal money received by the agency
1-35 for federally reimbursable indirect costs to the extent that the
1-36 indirect costs are statewide allocated costs for which the agency
1-37 is billed under Section 2106.002(b); [or]
1-38 (2) the amount the agency has received in fees:
1-39 (A) that in accordance with Section 2106.005(2)
1-40 should be accounted for as payment [the amount allocated to the
1-41 agency in the governor's statewide cost allocation plan] for the
1-42 cost of providing statewide support services to the agency; and
1-43 (B) to the extent the agency is billed for those
1-44 amounts under Section 2106.002(b); and
1-45 (3) any remaining amounts still necessary to pay the
1-46 amount billed under Section 2106.002(b).
1-47 (b) Subject to Subsection (c), to the extent the amount
1-48 billed under Section 2106.002(b) is not totally paid under
1-49 Subsections (a)(1) and (a)(2), the comptroller shall transfer to
1-50 the general revenue fund the appropriate amount charged against
1-51 items of appropriation in connection with which the remaining
1-52 unpaid statewide allocated costs were incurred [This section does
1-53 not apply to money received by a state agency for federally
1-54 reimbursable indirect costs to the extent that the agency has
1-55 previously paid another state agency for services for which the
1-56 first agency has been reimbursed].
1-57 (c) The legislature may provide in the General
1-58 Appropriations Act that payment of the amount billed under Section
1-59 2106.002(b) is waived to the extent payment would be made from a
1-60 state agency's general revenue appropriation.
1-61 (d) A state agency shall send to the comptroller information
1-62 the comptroller requires to transfer amounts under Subsection (b).
1-63 (e) The comptroller shall adopt rules necessary to
1-64 prescribe:
2-1 (1) the timing and method of transfers under this
2-2 section; and
2-3 (2) the manner in which a state agency shall send to
2-4 the comptroller information the comptroller requires to transfer
2-5 amounts under Subsection (b).
2-6 SECTION 3. This Act takes effect September 1, 2001.
2-7 * * * * *