By Bonnen H.B. No. 2914
77R8613 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state fiscal matters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.01(4), Chapter 793, Acts of the 73rd
1-5 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-6 Texas Civil Statutes), is amended to read as follows:
1-7 (4) "State agency" in this chapter means a department,
1-8 commission, board, office, council, or other agency in the
1-9 executive or judicial branch of state government that is created by
1-10 the constitution, a statute of this state, or executive order
1-11 dealing with or involved in energy-related research and
1-12 development, including but not limited to:
1-13 (A) [(1)] the Railroad Commission of Texas;
1-14 (B) [(2)] the Public Utility Commission of
1-15 Texas;
1-16 (C) [(3)] the General Land Office;
1-17 (D) [(4)] the state energy conservation office[,
1-18 a division of the General Services Commission];
1-19 (E) [(5)] the Texas Higher Education
1-20 Coordinating Board;
1-21 (F) [(6)] the Texas Science and Technology
1-22 Council; and
1-23 (G) [(7)] Texas river authorities.
1-24 SECTION 2. Chapter 43, Business & Commerce Code, is amended
2-1 by adding Section 43.020 to read as follows:
2-2 Sec. 43.020. CERTAIN REQUIREMENTS CONSIDERED TO BE
2-3 RECOMMENDATIONS. Any requirement of the Department of Information
2-4 Resources under this chapter that generally applies to one or more
2-5 state agencies using electronic records or electronic signatures is
2-6 considered to be a recommendation to the comptroller concerning the
2-7 electronic records or electronic signatures used by the
2-8 comptroller. The comptroller may adopt or decline to adopt the
2-9 recommendation.
2-10 SECTION 3. Section 42.2522(e), Education Code, is amended to
2-11 read as follows:
2-12 (e) The commissioner shall notify school districts as soon
2-13 as practicable as to the availability of funds under this section.
2-14 For purposes of computing a rollback tax rate under Section 26.08,
2-15 Tax Code, a district shall adjust the district's tax rate limit [in
2-16 the manner provided by comptroller rule] to reflect assistance
2-17 received under this section.
2-18 SECTION 4. Section 57.48, Education Code, is amended by
2-19 amending Subsections (c), (d), (i), and (j) and adding Subsection
2-20 (k) to read as follows:
2-21 (c) Except as provided by this section, the [The]
2-22 comptroller may not issue a warrant or initiate an electronic funds
2-23 transfer to the assignee of a person who has been reported properly
2-24 under Subsection (a) if the assignment became effective after the
2-25 person defaulted.
2-26 (d) If this section prohibits the comptroller from issuing a
2-27 warrant or initiating an electronic funds transfer to a person, the
3-1 comptroller may [not] issue a warrant or initiate an electronic
3-2 funds transfer only as provided by this section to:
3-3 (1) the person's estate;
3-4 (2) the distributees of the person's estate; or
3-5 (3) the person's surviving spouse.
3-6 (i) This section does not prohibit the comptroller from
3-7 issuing a warrant or initiating an electronic funds transfer to a
3-8 person reported properly under Subsection (a) or to the person's
3-9 assignee, the person's estate, the distributees of the person's
3-10 estate, or the person's surviving spouse if the corporation
3-11 consents to issuance of the warrant or initiation of the transfer.
3-12 (j) The comptroller may adopt rules and establish procedures
3-13 to administer this section.
3-14 (k) [(j)] In this section:
3-15 (1) "Compensation" means base salary or wages,
3-16 longevity pay, hazardous duty pay, benefit replacement pay, or an
3-17 emolument provided in lieu of base salary or wages.
3-18 (2) "State agency" means a board, commission, council,
3-19 committee, department, office, agency, or other governmental entity
3-20 in the executive, legislative, or judicial branch of state
3-21 government. The term includes an institution of higher education
3-22 as defined by Section 61.003, other than a public junior or
3-23 community college.
3-24 (3) "State officer or employee" means an officer or
3-25 employee of a state agency.
3-26 SECTION 5. Sections 231.007(i) and (j), Family Code, are
3-27 amended to read as follows:
4-1 (i) [Notwithstanding] Section 403.055(d) [403.055],
4-2 Government Code, does not authorize the comptroller to [may not]
4-3 issue a warrant or initiate an electronic funds transfer to pay[:]
4-4 [(1)] the compensation or remuneration of an
4-5 individual [of a state officer or employee] who is indebted to the
4-6 state under Subsection (a)[; or]
4-7 [(2) the remuneration of an individual who is being
4-8 paid by a private person through a state agency, if the individual
4-9 is indebted to the state under Subsection (a)].
4-10 (j) [Notwithstanding] Section 2107.008(h) [2107.008],
4-11 Government Code, does not authorize a state agency to [may not] pay
4-12 the[:]
4-13 [(1)] compensation or remuneration of an individual
4-14 [to a state officer or employee] who is indebted to the state under
4-15 Subsection (a)[; or]
4-16 [(2) remuneration to an individual who is being paid
4-17 by a private person through the agency if the individual is
4-18 indebted to the state under Subsection (a)].
4-19 SECTION 6. Section 15.407, Finance Code, is amended to read
4-20 as follows:
4-21 Sec. 15.407. OFFICIAL COMMITTEES. The chairman may appoint
4-22 individuals who are not commission members to serve on official
4-23 committees that are charged with evaluating industry methods or
4-24 problems and presenting formal recommendations to the commission
4-25 for possible action. The individuals appointed are entitled to
4-26 reimbursement for reasonable and necessary expenses incidental to
4-27 travel incurred in connection with the performance of official
5-1 duties.
5-2 SECTION 7. Section 403.013(b), Government Code, is amended to
5-3 read as follows:
5-4 (b) On the first Monday of November of each year, and at
5-5 other times the governor requires, the comptroller shall exhibit to
5-6 the governor, in addition to the reports required by the
5-7 constitution, an exact and complete statement showing:
5-8 (1) the funds and revenues of the state; and
5-9 (2) public expenditures during the preceding year or
5-10 during another period required by the governor[; and]
5-11 [(3) a detailed estimate of the expenditures to be
5-12 paid from the treasury during the next year, including a statement
5-13 of:]
5-14 [(A) the object of the expenditures;]
5-15 [(B) which expenditures are provided for by
5-16 general or special appropriation and which are required to be
5-17 provided for by law; and]
5-18 [(C) the means from which the expenditures are
5-19 to be defrayed].
5-20 SECTION 8. Section 403.013, Government Code, is amended by
5-21 adding Subsection (f) to read as follows:
5-22 (f) The Texas growth fund and Texas growth fund II, created
5-23 as provided by Section 70, Article XVI, Texas Constitution, shall
5-24 provide the financial information listed in Subchapter B, Chapter
5-25 2101, to the comptroller once each year, not later than the date
5-26 established by the comptroller.
5-27 SECTION 9. Section 403.027, Government Code, is reenacted and
6-1 amended to read as follows:
6-2 Sec. 403.027. DIGITAL SIGNATURES. (a) The comptroller may
6-3 establish a procedure for a person to use [provide] a digital
6-4 signature to authenticate a [for any] document, a communication, or
6-5 data submitted to the comptroller if:
6-6 (1) the comptroller determines the procedure will
6-7 provide a degree of security and authenticity at least equal to
6-8 that provided by a manual signature; and
6-9 (2) the digital signature:
6-10 (A) is unique to the person using it;
6-11 (B) is capable of independent verification;
6-12 (C) is under the sole control of the person
6-13 using it; and
6-14 (D) is transmitted in a manner that makes it
6-15 infeasible to change the signature, document, communication, or
6-16 data without invalidating the signature.
6-17 (b) A digital signature provided according to a procedure
6-18 established under Subsection (a) [this section] has the same legal
6-19 force and effect for all purposes as a manual signature.
6-20 (c) The electronic approval of a voucher is governed by:
6-21 (1) this [This] section [does not apply to the
6-22 electronic submission] and [approval of vouchers under] Chapter
6-23 2103 if the comptroller has established a procedure for the person
6-24 approving the voucher to provide a digital signature concerning the
6-25 voucher; or
6-26 (2) Chapter 2103 if the comptroller has not
6-27 established the procedure.
7-1 (d) This section prevails over Chapter 2103 to the extent of
7-2 conflict if both this section and that chapter apply under
7-3 Subsection (c)(1).
7-4 (e) Except as provided by this subsection, Section 2054.060
7-5 applies to a digital signature used to authenticate any document,
7-6 communication, or data submitted to the comptroller if the
7-7 comptroller has not established a procedure under Subsection (a)
7-8 concerning the signature. Section 2054.060 does not apply to the
7-9 electronic approval of a voucher under Chapter 2103.
7-10 (f) The use of a digital signature under this section is
7-11 subject to criminal laws pertaining to fraud and computer crimes,
7-12 including Chapters 32 and 33, Penal Code.
7-13 (g) In this section, "digital signature" has the meaning
7-14 assigned by Section 2.108(d), Business & Commerce Code.
7-15 SECTION 10. Subchapter B, Chapter 403, Government Code, is
7-16 amended by adding Section 403.0301 to read as follows:
7-17 Sec. 403.0301. INTELLECTUAL PROPERTY. (a) The comptroller
7-18 may:
7-19 (1) apply for, register, secure, hold, and protect
7-20 under the laws of the United States or any state or nation:
7-21 (A) a patent for the invention, discovery, or
7-22 improvement of any process, machine, manufacture, or composition of
7-23 matter;
7-24 (B) a copyright for an original work of
7-25 authorship fixed in any tangible medium of expression, known or
7-26 later developed, from which it can be perceived, reproduced, or
7-27 otherwise communicated, either directly or with the aid of a
8-1 machine or device;
8-2 (C) a trademark, service mark, collective mark,
8-3 or certification mark for a word, name, symbol, device, or slogan
8-4 that the comptroller uses to identify and distinguish the
8-5 comptroller's goods and services from other goods and services; or
8-6 (D) other evidence of protection or exclusivity
8-7 issued for intellectual property;
8-8 (2) contract with a person for the sale, lease,
8-9 marketing, or other distribution of the comptroller's intellectual
8-10 property;
8-11 (3) obtain under a contract described in Subdivision
8-12 (2) a royalty, license right, or other appropriate means of
8-13 securing reasonable compensation for the development or purchase of
8-14 the comptroller's intellectual property; and
8-15 (4) waive or reduce the amount of compensation secured
8-16 by contract under Subdivision (3) if the comptroller determines
8-17 that the waiver or reduction will:
8-18 (A) further a goal or mission of the
8-19 comptroller; and
8-20 (B) result in a net benefit to the state.
8-21 (b) Intellectual property is excepted from required
8-22 disclosure under Chapter 552 if the comptroller has applied for or
8-23 received a patent, copyright, trademark, service mark, collective
8-24 mark, certification mark, or other evidence of protection or
8-25 exclusivity concerning the property.
8-26 (c) Except as provided by Section 2054.115(c), money paid to
8-27 the comptroller under this section shall be deposited to the credit
9-1 of the general revenue fund.
9-2 (d) Notwithstanding any other law of this state, the
9-3 comptroller may award to an employee of the comptroller who
9-4 conceives, creates, discovers, invents, or develops intellectual
9-5 property an appropriate amount of equity interest or participation
9-6 in the research, development, licensing, or exploitation of that
9-7 property.
9-8 (e) The comptroller shall establish intellectual property
9-9 policies for the comptroller's office that include minimum
9-10 standards for:
9-11 (1) the public disclosure or availability of products,
9-12 technology, and scientific information, including inventions,
9-13 discoveries, trade secrets, and computer software;
9-14 (2) review by the comptroller's office of products,
9-15 technology, and scientific information, including consideration of
9-16 ownership and appropriate legal protection;
9-17 (3) the licensing of products, technology, and
9-18 scientific information;
9-19 (4) the identification of ownership and licensing
9-20 responsibilities for each class of intellectual property; and
9-21 (5) royalty participation by inventors and the
9-22 comptroller's office.
9-23 SECTION 11. Section 403.055, Government Code, is amended by
9-24 amending Subsections (b), (c), and (k) and adding Subsection (l) to
9-25 read as follows:
9-26 (b) Except as provided by this section, the [The]
9-27 comptroller may not issue a warrant or initiate an electronic funds
10-1 transfer to the assignee of a person who has been reported properly
10-2 under Subsection (f) if the assignment became effective after the
10-3 person became indebted to the state or incurred a tax delinquency.
10-4 (c) If [When] this section prohibits the comptroller from
10-5 issuing a warrant or initiating an electronic funds transfer to a
10-6 person, the comptroller may [not] issue a warrant or initiate an
10-7 electronic funds transfer only as provided by this section to:
10-8 (1) the person's estate;
10-9 (2) the distributees of the person's estate; or
10-10 (3) the person's surviving spouse.
10-11 (k) This section does not prohibit the comptroller from
10-12 issuing a warrant or initiating an electronic funds transfer to a
10-13 person, the person's assignee, the person's estate, the
10-14 distributees of the person's estate, or the person's surviving
10-15 spouse if each state agency that properly reported the person under
10-16 Subsection (f) consents to issuance of the warrant or initiation of
10-17 the transfer.
10-18 (l) In this section:
10-19 (1) "Compensation" means base salary or wages,
10-20 longevity pay, hazardous duty pay, benefit replacement pay, or an
10-21 emolument provided in lieu of base salary or wages.
10-22 (2) "State agency" means a board, commission, council,
10-23 committee, department, office, agency, or other governmental entity
10-24 in the executive, legislative, or judicial branch of state
10-25 government. The term includes an institution of higher education
10-26 as defined by Section 61.003, Education Code, other than a public
10-27 junior or community college.
11-1 (3) "State officer or employee" means an officer or
11-2 employee of a state agency.
11-3 (4) "Tax delinquency" means a delinquency in payment
11-4 of:
11-5 (A) a tax to the state; or
11-6 (B) a tax that the comptroller administers or
11-7 collects.
11-8 SECTION 12. (a) Section 403.0552(b), Government Code, is
11-9 amended to read as follows:
11-10 (b) Except as provided by this subsection, the [The]
11-11 comptroller may prepare a warrant to make a payment that Section
11-12 57.48, Education Code, Section 231.007, Family Code, or Section
11-13 403.055 prohibits the comptroller from initiating by electronic
11-14 funds transfer. The comptroller shall prepare the warrant if the
11-15 payment is overdue under Section 2251.021.
11-16 (b) Section 403.0552(c), Government Code, is amended to read
11-17 as follows:
11-18 (c) If the comptroller prepares a warrant under Subsection
11-19 (a) or (b), the comptroller shall:
11-20 (1) make the warrant payable to the person to whom the
11-21 warrant may not be issued or an electronic funds transfer may not
11-22 be initiated; and
11-23 (2) retain the warrant until the earliest of:
11-24 (A) the first day the warrant may no longer be
11-25 paid by the comptroller under Section 404.046 or other applicable
11-26 law;
11-27 (B) the date the comptroller deducts the amount
12-1 of the person's indebtedness to the state or tax delinquency from
12-2 the amount of the warrant under Section 403.0551[, Chapter 666,] or
12-3 other applicable law; [or]
12-4 (C) the date the comptroller recovers the amount
12-5 of the person's indebtedness to the state under Chapter 666; or
12-6 (D) the first day the comptroller is no longer
12-7 prohibited from issuing the warrant or initiating an electronic
12-8 funds transfer to that person.
12-9 SECTION 13. Section 403.0915, Government Code, is amended to
12-10 read as follows:
12-11 Sec. 403.0915. DORMANT FUND OR ACCOUNT. At any time the
12-12 comptroller, with notification to the state auditor, may transfer
12-13 to the general revenue fund a balance in a dormant fund or account
12-14 if the source of the fund or account is unknown or the purpose for
12-15 which it was collected is moot. The legislature at any time after
12-16 the transfer may appropriate the balance as a refund if the source
12-17 and purpose of the fund or account become known and active. [The
12-18 comptroller shall report any dormant funds or accounts to the Funds
12-19 Review Advisory Committee.]
12-20 SECTION 14. Section 403.273, Government Code, is amended to
12-21 read as follows:
12-22 Sec. 403.273. Property Manager; Property Inventory. (a) The
12-23 head of each state agency is responsible for the custody and care
12-24 of [state] property in the agency's possession.
12-25 (b) The head of each state agency shall designate a property
12-26 manager and inform the comptroller of the designation. Subject to
12-27 comptroller approval, more than one property manager may be
13-1 designated [appointed by the agency head].
13-2 (c) The property manager of a state agency shall maintain
13-3 the records required and be the custodian of all property possessed
13-4 by the agency.
13-5 (d) [(e)] When a state [an] agency's property is entrusted
13-6 to a person other than the agency's property manager, [the property
13-7 manager shall require a written receipt from] the person to whom
13-8 [receiving custody of] the property is entrusted shall provide a
13-9 written receipt to the manager. A state [When the property of one]
13-10 agency may lend its property [is lent] to another state agency only
13-11 if[,] the head of the agency lending the property provides written
13-12 authorization for the lending. The [must be authorized in writing
13-13 by the head of the agency that is lending the property. A written
13-14 receipt must be executed by the] head of the agency to which [that
13-15 is receiving] the property is lent must execute a written receipt.
13-16 (e) A [(f) On the date prescribed by the comptroller, a]
13-17 state agency shall conduct an annual [make a complete] physical
13-18 inventory of all property in its possession. The comptroller may
13-19 specify the date on which the inventory must be conducted
13-20 [completed once each year].
13-21 (f) Not later than [(g) Within 45 days after] the
13-22 [inventory] date prescribed by the comptroller, the head of a
13-23 [each] state agency shall submit [forward] to the comptroller:
13-24 (1) a signed statement describing the methods [method]
13-25 used to conduct [verify] the agency's annual physical inventory
13-26 under Subsection (e);
13-27 (2) [and] a copy of the results of the inventory; and
14-1 (3) any other information concerning the inventory
14-2 that the comptroller requires.
14-3 (g) At all times, the [(h) The] property records of a
14-4 [prepared by each] state agency must accurately reflect the
14-5 property [currently] possessed by the agency. [The agency must use
14-6 the methods prescribed by the comptroller to delete property from
14-7 the agency's property records.] Property [that has become surplus
14-8 or obsolete and no longer serviceable] may be deleted from the
14-9 agency's records only in accordance with rules adopted [upon
14-10 authorization] by the comptroller[. Property that is missing or
14-11 that is disposed of directly by the agency shall be deleted from
14-12 the comptroller's records on approval by the state auditor].
14-13 (h) The state auditor shall periodically examine property
14-14 records or inventory as necessary to determine if controls are
14-15 adequate to safeguard state property.
14-16 SECTION 15. Section 403.274, Government Code, is amended to
14-17 read as follows:
14-18 Sec. 403.274. CHANGE OF AGENCY HEAD OR PROPERTY MANAGER.
14-19 When the head or property manager of a state [an] agency changes,
14-20 the outgoing [new] head of the agency or property manager [of the
14-21 agency] shall complete the form required by the comptroller about
14-22 property in the agency's possession. The outgoing head of the
14-23 agency or property manager shall deliver the form to the incoming
14-24 [execute a receipt for all agency property accounted for to the
14-25 outgoing agency] head of the agency or property manager. After
14-26 verifying the information on and signing the form, the incoming
14-27 head of the agency or property manager shall submit a [A] copy of
15-1 the form [receipt shall be delivered] to the comptroller[, the
15-2 state auditor, and the outgoing agency head or property manager].
15-3 SECTION 16. Section 403.276, Government Code, is amended to
15-4 read as follows:
15-5 Sec. 403.276. REPORTING TO COMPTROLLER [STATE AUDITOR] AND
15-6 ATTORNEY GENERAL. (a) If the [a] head or property manager of a
15-7 state [an] agency has reasonable cause to believe that any [state]
15-8 property in the agency's possession has been lost, destroyed, or
15-9 damaged through the negligence [or fault] of any state official or
15-10 employee, the head of the agency or property manager [head
15-11 responsible] shall [immediately] report the loss, destruction, or
15-12 damage to the comptroller [state auditor] and [to] the attorney
15-13 general not later than the date established by the comptroller. If
15-14 the head or property manager of a state agency has reasonable cause
15-15 to believe that any property in the agency's possession has been
15-16 stolen, the head of the agency or property manager shall report the
15-17 theft to the comptroller, the attorney general, and the appropriate
15-18 law enforcement agency not later than the date established by the
15-19 comptroller.
15-20 (b) The attorney general may [shall] investigate a report
15-21 received under Subsection (a) [of loss, destruction, or damage to
15-22 state property].
15-23 (c) If an [the] investigation by the attorney general under
15-24 Subsection (b) reveals [discloses] that a property loss has been
15-25 sustained [by the state] through the negligence [fault] of a state
15-26 official or employee, the attorney general shall make written
15-27 demand on the [state] official or employee for reimbursement of [to
16-1 the state for] the loss [sustained].
16-2 (d) If the demand made by the attorney general under
16-3 Subsection (c) [for reimbursement for property loss, destruction,
16-4 or damage] is refused or disregarded [by the state official or
16-5 employee on whom such demand is made], the attorney general may
16-6 take legal action to recover the value of the [state] property as
16-7 the attorney general deems necessary.
16-8 (e) Venue for all suits instituted under this section
16-9 against a state official or employee is in a court of appropriate
16-10 jurisdiction of Travis County.
16-11 SECTION 17. Section 404.058, Government Code, is amended to
16-12 read as follows:
16-13 Sec. 404.058. Outstanding Warrants. (a) The comptroller
16-14 shall compile information concerning outstanding warrants, which
16-15 must be consistent with the requirements of the uniform statewide
16-16 accounting system.
16-17 (b) The warrant number of an outstanding warrant is excepted
16-18 from the requirements of Section 552.021 if the warrant is issued
16-19 by the comptroller.
16-20 (c) A person who issues a warrant under Section 403.060(a)
16-21 may disclose the warrant number of the warrant to a person other
16-22 than the comptroller only if the comptroller has:
16-23 (1) informed the person that the warrant is not an
16-24 outstanding warrant; or
16-25 (2) authorized or required the disclosure.
16-26 (d) In this section:
16-27 (1) "Outstanding warrant" means any warrant except a
17-1 warrant that:
17-2 (A) has been paid by the comptroller;
17-3 (B) has been canceled; or
17-4 (C) may not be paid by the comptroller because
17-5 it was not presented before the date determined under Section
17-6 404.046 or other applicable law.
17-7 (2) "Warrant number" means the number or other data
17-8 element printed on a warrant that the comptroller uses to
17-9 distinguish it from all other warrants that the comptroller may pay
17-10 during the same period that the comptroller may pay the warrant
17-11 under Section 404.046 or other applicable law.
17-12 SECTION 18. Chapter 447, Government Code, is amended to read
17-13 as follows:
17-14 CHAPTER 447. STATE ENERGY CONSERVATION OFFICE
17-15 [MANAGEMENT CENTER]
17-16 Sec. 447.001. GOVERNANCE AND GENERAL AUTHORITY
17-17 [ESTABLISHMENT OF CENTER]. The state energy conservation office:
17-18 (1) is under the direction and control of the
17-19 comptroller;
17-20 (2) [management center is established in the General
17-21 Services Commission and] shall [be authorized to] promote the
17-22 [those] policies [of the state] enumerated in this chapter; and
17-23 (3) may act in any capacity authorized by state or
17-24 federal law.
17-25 Sec. 447.002. INFORMATION; PROCEDURES AND RULES; MEASURES
17-26 AND PROGRAMS. (a) The state energy conservation office [management
17-27 center] shall develop and provide energy conservation information
18-1 for the state.
18-2 (b) The state energy conservation office [center] may
18-3 establish procedures and adopt [make] rules relating to the
18-4 development [adoption] and implementation of energy conservation
18-5 measures and programs applicable to state buildings and facilities.
18-6 (c) A procedure established or a rule adopted under
18-7 Subsection (b) [The center may act in such other capacities as
18-8 otherwise authorized by state or federal law. The center's rules
18-9 for programs and energy conservation, adopted under Chapter 2001]
18-10 may include provisions relating to:
18-11 (1) the retrofitting of existing state buildings and
18-12 facilities [structures] with energy-saving devices; and
18-13 (2) [to] the energy-related renovation of those
18-14 buildings and facilities [such structures].
18-15 (d) To the extent that the [office of the] governor receives
18-16 money appropriated for energy efficiency programs, [the office of]
18-17 the governor, through the state energy conservation office
18-18 [management center], shall implement programs that the state energy
18-19 conservation office [center] identifies as encouraging energy
18-20 conservation by state government.
18-21 (e) A [Unless money is available for the implementation of
18-22 such a program, a] state agency shall implement [is not required to
18-23 spend money for] an energy conservation measure or program in
18-24 accordance with plans developed under Section 447.011 [under this
18-25 section].
18-26 Sec. 447.003. Liaison to Federal Government. The state
18-27 energy conservation office is [management center shall serve as]
19-1 the state liaison to the federal government for the implementation
19-2 and administration of federal programs relating to state agency
19-3 energy matters. The office [In that capacity, the center] shall
19-4 administer state programs established under:
19-5 (1) Part D, Title III, Energy Policy and Conservation
19-6 Act (42 U.S.C. 6321 et seq.), and its subsequent amendments;
19-7 (2) Part G, Title III, Energy Policy and Conservation
19-8 Act (42 U.S.C. 6371 et seq.), and its subsequent amendments; and
19-9 (3) [the National Energy Extension Service Act (42
19-10 U.S.C. 7001 et seq.); and]
19-11 [(4)] other federal energy conservation programs as
19-12 [may be] assigned to the office [energy management center] by the
19-13 governor or the legislature.
19-14 Sec. 447.004. Design Standards. (a) The state energy
19-15 conservation office [management center] shall establish [adopt] and
19-16 publish mandatory energy conservation design standards for each[,
19-17 under Chapter 2001, that all] new state building or [buildings and]
19-18 major renovation project [projects], including a new building or
19-19 [buildings and] major renovation project [projects] of a
19-20 state-supported institution [institutions] of higher education[,
19-21 are required to meet]. The office [center] shall define "major
19-22 renovation project" for purposes of [what constitutes a major
19-23 renovation project under] this section and shall review and update
19-24 the standards biennially.
19-25 (b) The standards established under Subsection (a) must:
19-26 (1) include performance and procedural standards for
19-27 the maximum energy conservation allowed by the latest and most
20-1 cost-effective technology that is consistent with the requirements
20-2 of public health, safety, and economic resources;[.]
20-3 (2) be stated [(c) The standards must be adopted] in
20-4 terms of energy consumption levels;
20-5 (3) consider [and must take into consideration] the
20-6 various types [classes] of building uses; and
20-7 (4) [must] allow for design flexibility.
20-8 (c) Any procedural standard established under this section
20-9 [Procedural standards] must be directed toward specific design and
20-10 building practices that produce good thermal resistance and low
20-11 infiltration and toward requiring practices in the design of
20-12 mechanical and electrical systems that maximize energy efficiency.
20-13 The procedural standards must address [concern], as applicable:
20-14 (1) insulation;
20-15 (2) lighting;
20-16 (3) ventilation;
20-17 (4) climate control;
20-18 (5) special energy requirements of health-related
20-19 facilities of higher education and state agencies; and
20-20 (6) any other item that the state energy conservation
20-21 office [center] considers appropriate [that is adopted under
20-22 Chapter 2001].
20-23 (d) A state [In order to demonstrate compliance with the
20-24 requirement to adopt and update the conservation design standards,
20-25 each] agency or an [and] institution of higher education shall
20-26 submit a copy of its design and construction manuals to the state
20-27 energy conservation office as the office considers necessary to
21-1 demonstrate compliance by the agency or institution with the
21-2 standards established under this section [center on request].
21-3 (e) A state agency or an institution of higher education may
21-4 not begin [Prior to] construction of a new state building or a
21-5 major renovation project before[, agencies and institutions of
21-6 higher education shall have] the design architect or engineer for
21-7 the construction or renovation has:
21-8 (1) certified [on the project certify] to the agency
21-9 or institution that the construction or[, with a copy to the energy
21-10 management center, that all new building construction and major
21-11 building] renovation complies [projects comply] with the [energy
21-12 conservation design] standards established [required] under this
21-13 section; and
21-14 (2) provided a copy of that certification to the state
21-15 energy conservation office.
21-16 Sec. 447.005. Energy Efficiency Projects. Subject to
21-17 applicable state and federal laws or guidelines, the state energy
21-18 conservation office [management center] may:
21-19 (1) implement an energy efficiency project [projects]
21-20 at a state agency; [agencies] or
21-21 (2) [may] assist the agency [those agencies] in
21-22 implementing the project [projects] through an energy efficiency
21-23 program [programs financed through state or federal grants or
21-24 loans].
21-25 [Sec. 447.006. OBTAINING DATA. The energy management center
21-26 shall obtain semiannually from each state agency information
21-27 relating to the cost of heating and cooling buildings owned by the
22-1 state.]
22-2 Sec. 447.007. Model Codes. The state energy conservation
22-3 office [management center] may recommend a model energy
22-4 conservation building code to a municipality [codes to
22-5 municipalities] for use in enacting or amending a municipal
22-6 ordinance [ordinances].
22-7 Sec. 447.008. Additional Energy Services. (a) The state
22-8 energy conservation office [management center] may provide
22-9 additional energy services, including:
22-10 (1) training of designated state employees in energy
22-11 management, energy-accounting techniques, and energy efficient
22-12 design and construction;
22-13 (2) technical assistance regarding energy efficient
22-14 capital improvements, energy efficient building design, and
22-15 cogeneration and thermal storage investments;
22-16 (3) technical assistance to the state auditor or a
22-17 [State Auditor and to] state agency [agencies] regarding
22-18 [conducting] energy management performance audits and the
22-19 monitoring of utility bills to detect billing errors;
22-20 (4) technical assistance to a state agency [agencies]
22-21 regarding third-party financing of an energy efficient capital
22-22 improvement project [projects]; and
22-23 (5) other energy-related assistance that the office
22-24 considers appropriate, if the assistance is requested by a state
22-25 agency, an institution of higher education, a consortium of
22-26 institutions of higher education, or another governmental entity
22-27 [agencies, other legislatively] created by [entities of the] state
23-1 law[, institutions of higher education, and consortiums of
23-2 institutions of higher education that the center considers
23-3 appropriate].
23-4 (b) Using available state, federal, or oil overcharge funds,
23-5 the state energy conservation office may provide technical
23-6 assistance to a [management center may assist] state agency or an
23-7 institution [agencies and institutions] of higher education in
23-8 analyzing or [and] negotiating rates for electricity or [and]
23-9 natural gas supplies from a locally certificated electric supplier
23-10 [suppliers], a natural gas supplier [suppliers], or a state-owned
23-11 energy resource [resources], including a transportation charge
23-12 [charges] for natural gas. This [The provisions of this] section
23-13 does [shall] not authorize [be construed to empower] the office
23-14 [energy management center] to negotiate rates for natural gas
23-15 supplies on behalf of an agency or institution [state agencies or
23-16 institutions but rather to provide technical assistance as needed].
23-17 (c) A state agency or an institution [Agencies and
23-18 institutions] of higher education may request [seek] the assistance
23-19 of the state energy conservation office [management center] before
23-20 negotiating or contracting for the supply or [and] transportation
23-21 of natural gas or [and] electricity [that will result in an
23-22 anticipated annual expenditure of more than $100,000].
23-23 (d) A [Any] state agency or institution of higher education
23-24 with expertise in rate analysis, negotiation, or any other matter
23-25 related to the procurement of electricity and natural gas supplies
23-26 from a locally certificated electric supplier [suppliers], a
23-27 natural gas supplier [suppliers], or a state-owned energy resource
24-1 [resources] may assist the state energy conservation office
24-2 [management center] whenever practicable. The attorney general on
24-3 request shall assist the office [energy management center] and
24-4 other state agencies and institutions of higher education in
24-5 negotiating rates for electricity and other terms of electric
24-6 utility service.
24-7 (e) Using available funds from any source [where permitted],
24-8 the state energy conservation office [management center] may assist
24-9 a state agency, an institution of higher education, a consortium of
24-10 institutions of higher education, or another governmental entity
24-11 [agencies, legislatively] created by state law [entities of the
24-12 state, institutions of higher education, and consortiums of
24-13 institutions of higher education] to further the goals and pursue
24-14 the policies of the state in energy research as may be determined
24-15 by the governor or the legislature. The office [energy management
24-16 center] may assist a state agency [agencies, which are hereby
24-17 authorized to act in accordance with this section,] in implementing
24-18 current federal energy policy [as expressed in Pub. L. No. 102-486,
24-19 106 Stat. 2776 (1992)].
24-20 (f) The state energy conservation office [management center]
24-21 on request may negotiate rates for electricity and other terms of
24-22 electric utility service for a state agency or an institution of
24-23 higher education. The office [energy management center may] also
24-24 may negotiate the rates and the other terms of service for a group
24-25 of agencies or [and] institutions [together] in a single contract.
24-26 (g) The state energy conservation office may [management
24-27 center shall] analyze the rates for electricity charged to and the
25-1 amount of electricity used by state agencies and institutions of
25-2 higher education to determine ways the state could obtain lower
25-3 rates and use less electricity. Each state agency [State
25-4 agencies], including the Public Utility Commission of Texas, and
25-5 institution [institutions] of higher education shall assist the
25-6 office [energy management center] in obtaining the information the
25-7 office needs [center requires] to perform its analysis.
25-8 (h) The state energy conservation office [management center]
25-9 and the attorney general may [shall] cooperate in monitoring
25-10 efforts to deregulate the electric utility industry and in
25-11 reporting on the ways in which deregulation would affect state
25-12 government as a purchaser of electricity. The office [energy
25-13 management center], represented by the attorney general, may
25-14 intervene in proceedings before the Public Utility Commission of
25-15 Texas that are related to deregulating all or part of the electric
25-16 utility industry to represent the interests of state government as
25-17 a purchaser of electricity [in those proceedings].
25-18 Sec. 447.009. Energy Audits. (a) The state energy
25-19 conservation office may audit a [management center shall conduct
25-20 audits of] state-owned building [buildings] used by a state agency
25-21 [agencies. The audits shall be designed] to assist the agency
25-22 [state agencies] in reducing energy consumption and costs through
25-23 improved energy efficiency.
25-24 (b) Based on any [the] audit performed under Subsection (a)
25-25 [of this section], the state energy conservation office [of the
25-26 governor] may recommend changes to improve energy efficiency.
25-27 (c) The state energy conservation office [management center]
26-1 may provide training, technical assistance, and funding, if
26-2 available, to the state auditor [State Auditor's office] or the
26-3 state agency responsible for [office charged with] performing
26-4 management audits of state agencies and institutions of higher
26-5 education to conduct energy management audits in those [state]
26-6 agencies and institutions [of higher education].
26-7 (d) Each state agency or institution [State agencies and
26-8 institutions] of higher education shall review [conduct reviews]
26-9 and audit [audits of] utility billings and contracts to detect
26-10 billing errors. Any contract [Contracts] with a private person to
26-11 conduct the review or audit [sector firms] must comply with all
26-12 applicable provisions of Subchapter A, Chapter 2254, [654]
26-13 regarding professional services contracts. The contract [and] may
26-14 not be awarded on a contingent fee basis unless the governor
26-15 determines [a finding] that the contract is necessary, reasonable,
26-16 and prudent [is obtained from the office of the governor].
26-17 Sec. 447.010. Energy-Saving Devices or Measures. (a) On
26-18 approval by the state energy conservation office [management
26-19 center], a state agency that reduces its energy expenses may use
26-20 any funds saved by the agency from appropriated utility funds for
26-21 the purchase of an energy-saving device [devices] or measure
26-22 [measures]. For purposes of this section, "energy-saving device or
26-23 measure" means a device or measure that directly reduces:
26-24 (1) energy costs; or
26-25 (2) the energy consumption of equipment, including a
26-26 lighting, heating, ventilation [ventilating], or air conditioning
26-27 system, [or of other equipment that uses electricity, natural gas,
27-1 fuel oil, or any other energy source] without materially altering
27-2 the quality of the equipment [such lighting, heating, ventilating,
27-3 air conditioning, or other energy consuming system].
27-4 (b) A state agency, in accordance with the recommendations
27-5 of an energy audit, may purchase energy-saving devices or measures
27-6 from appropriated utility funds if the savings in utility funds
27-7 projected by the audit will offset the purchase. The agency shall
27-8 retain in its files a [within four years. A] copy of the
27-9 recommendation and repayment schedule [must be attached to the
27-10 purchase voucher] as evidence of the projected savings.
27-11 Sec. 447.011. Energy Management Planning. (a) The state
27-12 energy conservation office [management center] shall provide energy
27-13 management planning assistance to a state agency or an institution
27-14 [agencies and institutions] of higher education, including:
27-15 (1) preparation by the agency or institution of a
27-16 long-range plan for the delivery of reliable, cost-effective
27-17 utility services for the state agency or institution [agencies,
27-18 institutions of higher education, boards, and commissions in Travis
27-19 County. This plan shall be presented to the affected agencies for
27-20 use in preparing their five-year construction and major
27-21 rehabilitation plans. After other energy-saving alternatives are
27-22 considered, district heating and cooling and on-site generation of
27-23 electricity may be considered in planning for reliable, efficient,
27-24 and cost-effective utility services];
27-25 (2) assistance to the Department of Public Safety for
27-26 energy emergency contingency planning, using state or federal funds
27-27 when available; [and]
28-1 (3) assistance to each state agency or institution
28-2 [agencies and institutions] of higher education in preparing
28-3 comprehensive energy management plans; and
28-4 (4) assistance to a state agency in complying with
28-5 Section 447.002, including the prioritization and scheduling of
28-6 implementation plans to ensure adoption of qualified,
28-7 cost-effective efficiency measures and programs for each state
28-8 building or facility.
28-9 (b) A state agency or an institution of higher education
28-10 shall present a plan prepared under Subsection (a)(1) to the state
28-11 energy conservation office. The agency or institution shall use
28-12 the plan in preparing its five-year construction and major
28-13 renovation plans. After other energy-saving alternatives are
28-14 considered, district heating and cooling or on-site generation of
28-15 electricity may be considered in planning for reliable, efficient,
28-16 and cost-effective utility services.
28-17 (c) The state energy conservation office [management center]
28-18 shall prepare guidelines for the preparation of a plan under
28-19 Subsection (a)(3). A state agency or an institution [these plans.
28-20 State agencies and institutions] of higher education that occupies
28-21 a [expend more than $250,000 annually for heating, lighting, and
28-22 cooling and that occupy] state-owned building [buildings] shall
28-23 prepare and submit a five-year energy management plan to the
28-24 office. The agency or institution shall update its plan [center.
28-25 Agencies and institutions of higher education with smaller usage
28-26 may be required to submit such plans. Updated plans shall be
28-27 submitted] biennially, if [when] requested to do so by the office
29-1 [center]. A state agency or an institution of higher education
29-2 that occupies a building not owned by the state shall cooperate
29-3 with the office in addressing the energy management of that
29-4 building.
29-5 (d) [(b)] The comprehensive energy management plan prepared
29-6 under [required in] Subsection (a)(3) shall be included in the
29-7 five-year construction and major repair and rehabilitation plans
29-8 for institutions of higher education as required by [under] Section
29-9 [61.058 and] 61.0651, Education Code.
29-10 SECTION 19. The heading to Subchapter C, Chapter 659,
29-11 Government Code, is amended to read as follows:
29-12 SUBCHAPTER C. [COMPENSATORY] PER DIEM
29-13 SECTION 20. Section 659.044, Government Code, is amended by
29-14 amending Subsections (a) and (d) and adding Subsection (e) to read
29-15 as follows:
29-16 (a) Except as provided by Subsection (e), the [The] monthly
29-17 amount of longevity pay is $4 for each year of lifetime service
29-18 credit.
29-19 (d) An employee may not receive from the state as longevity
29-20 pay more than the amount determined under Subsection (a) or (e), as
29-21 applicable [$4 for each year of lifetime service credit],
29-22 regardless of the number of positions the employee holds or the
29-23 number of hours the employee works each week.
29-24 (e) This subsection applies only to an employee of the Texas
29-25 Youth Commission who is receiving less than the maximum amount of
29-26 hazardous duty pay that the commission may pay to the employee
29-27 under Section 659.303. The employee's monthly amount of longevity
30-1 pay is the sum of:
30-2 (1) $4 for each year of lifetime service credit, which
30-3 may not include any period served in a hazardous duty position; and
30-4 (2) the lesser of:
30-5 (A) $4 for each year served in a hazardous duty
30-6 position; or
30-7 (B) the difference between:
30-8 (i) $7 for each year served in a hazardous
30-9 duty position; and
30-10 (ii) the amount paid by the commission for
30-11 each year served in a hazardous duty position.
30-12 SECTION 21. Section 659.046, Government Code, is amended by
30-13 adding Subsection (f) to read as follows:
30-14 (f) The amount of an employee's lifetime service credit does
30-15 not include the period served in a hazardous duty position if the
30-16 employee is:
30-17 (1) entitled to receive hazardous duty pay under
30-18 Section 659.302; or
30-19 (2) receiving the maximum amount of hazardous duty pay
30-20 that the Texas Youth Commission may pay to the employee under
30-21 Section 659.303.
30-22 SECTION 22. Section 659.254(c), Government Code, is amended
30-23 to read as follows:
30-24 (c) An employee whose classified position is reallocated by
30-25 the General Appropriations Act or reclassified under Chapter 654 to
30-26 a higher salary group will be paid at the minimum salary rate in
30-27 the higher salary group or at the salary rate the employee would
31-1 have received without the reallocation or reclassification,
31-2 whichever rate is higher, except[:]
31-3 [(1)] to maintain desirable salary relationships among
31-4 employees in the affected positions, the salary may be adjusted not
31-5 more than:
31-6 (1) [(A)] two steps higher, if the employee's salary
31-7 group is divided into steps by the General Appropriations Act; or
31-8 (2) [(B)] 6.8 percent higher, if the employee's salary
31-9 group is not divided into steps by the General Appropriations Act[;
31-10 and]
31-11 [(2) the employee may not advance to a step number in
31-12 the new salary group higher than the step number rate held before
31-13 the reallocation or reclassification, if the employee's salary
31-14 group is divided into steps by the General Appropriations Act].
31-15 SECTION 23. Sections 659.260(b) and (e), Government Code, are
31-16 amended to read as follows:
31-17 (b) To facilitate a state agency's work during an emergency
31-18 or other special circumstance, an employee may[:]
31-19 [(1)] be temporarily assigned to other duties for a
31-20 period not to exceed six months. The employee is entitled to[; and]
31-21 [(2)] receive during the period of reassignment at
31-22 least the same [appropriate] rate of pay that the employee received
31-23 immediately before the reassignment [for the temporary position if
31-24 the temporary position is classified in a salary group with a
31-25 higher minimum salary rate]. An employee may not be temporarily
31-26 assigned under this subsection to a position classified in a salary
31-27 group with a lower minimum salary rate.
32-1 (e) While the employee is temporarily assigned under this
32-2 section, the state agency may not:
32-3 (1) award a merit salary increase to the employee; or
32-4 (2) promote or demote the employee[; or]
32-5 [(3) reduce the employee's salary].
32-6 SECTION 24. Chapter 659, Government Code, is amended by
32-7 adding Subchapter L to read as follows:
32-8 SUBCHAPTER L. HAZARDOUS DUTY PAY
32-9 Sec. 659.301. DEFINITIONS. In this subchapter:
32-10 (1) "Full-time state employee" means a state employee
32-11 who normally works at least 40 hours each week.
32-12 (2) "Hazardous duty position" means a position in the
32-13 service of this state that:
32-14 (A) renders any individual holding that position
32-15 a state employee; and
32-16 (B) requires the performance of hazardous duty.
32-17 (3) "Institution of higher education" has the meaning
32-18 assigned by Section 61.003, Education Code.
32-19 (4) "Part-time state employee" means a state employee
32-20 who is not a full-time state employee.
32-21 (5) "State employee" means an individual who:
32-22 (A) is a commissioned law enforcement officer of
32-23 the Department of Public Safety, the General Services Commission,
32-24 the Texas Alcoholic Beverage Commission, or the institutional
32-25 division of the Texas Department of Criminal Justice;
32-26 (B) is a commissioned security officer of the
32-27 comptroller;
33-1 (C) is a law enforcement officer commissioned by
33-2 the Parks and Wildlife Commission;
33-3 (D) is a commissioned peace officer of an
33-4 institution of higher education;
33-5 (E) is an employee or official of the Board of
33-6 Pardons and Paroles or the pardons and paroles division of the
33-7 Texas Department of Criminal Justice if the employee or official
33-8 has routine direct contact with inmates of any penal or
33-9 correctional institution or with administratively released
33-10 prisoners subject to the board's jurisdiction;
33-11 (F) has been certified to the Employees
33-12 Retirement System of Texas under Section 815.505 as having begun
33-13 employment as a law enforcement officer or custodial officer,
33-14 unless the individual has been certified to the system as having
33-15 ceased employment as a law enforcement officer or custodial
33-16 officer; or
33-17 (G) before May 29, 1987, received hazardous duty
33-18 pay based on the terms of any state law if the individual holds a
33-19 position designated under that law as eligible for the pay.
33-20 (6) "Workday" means any day that is not a Saturday, a
33-21 Sunday, or a state or national holiday under Section 662.003. The
33-22 term includes a state or national holiday that the General
33-23 Appropriations Act prohibits state agencies from observing.
33-24 Sec. 659.302. ENTITLEMENT TO RECEIVE HAZARDOUS DUTY PAY. (a)
33-25 Hazardous duty pay is included in the compensation paid to an
33-26 individual for services rendered during a month if the individual:
33-27 (1) is a state employee for any portion of the first
34-1 workday of the month; and
34-2 (2) has completed at least 12 months of lifetime
34-3 service credit not later than the last day of the preceding month.
34-4 (b) This section does not apply to an employee of the Texas
34-5 Youth Commission.
34-6 Sec. 659.303. TEXAS YOUTH COMMISSION EMPLOYEES. (a) The
34-7 commission may include hazardous duty pay in the compensation paid
34-8 to an individual for services rendered during a month if the
34-9 individual:
34-10 (1) has routine direct contact with youth:
34-11 (A) placed in a residential facility of the
34-12 commission; or
34-13 (B) released under the commission's supervision;
34-14 and
34-15 (2) has completed at least 12 months of lifetime
34-16 service credit not later than the last day of the preceding month.
34-17 (b) For purposes of Subsection (a)(1), an individual who is
34-18 having routine direct contact with youth on any portion of the
34-19 first workday of a month is considered to have routine direct
34-20 contact with youth for the entire month.
34-21 (c) The commission's authority under Subsection (a) is
34-22 subject to any conditions or limitations in the General
34-23 Appropriations Act.
34-24 (d) The commission may not pay hazardous duty pay:
34-25 (1) from funds authorized for payment of an
34-26 across-the-board employee salary increase; or
34-27 (2) to an employee who works at the commission's
35-1 central office.
35-2 (e) In this section, "commission" means the Texas Youth
35-3 Commission.
35-4 Sec. 659.304. INELIGIBILITY TO RECEIVE HAZARDOUS DUTY PAY.
35-5 Hazardous duty pay may be paid only to an individual who is:
35-6 (1) entitled to receive the pay under Section 659.302;
35-7 or
35-8 (2) eligible to receive the pay under Section 659.303.
35-9 Sec. 659.305. AMOUNT OF HAZARDOUS DUTY PAY. (a) Except as
35-10 provided by Subsection (b), the amount of a full-time state
35-11 employee's hazardous duty pay for a particular month is the lesser
35-12 of:
35-13 (1) $7 for each 12-month period of lifetime service
35-14 credit accrued by the employee; or
35-15 (2) $210.
35-16 (b) This subsection applies only to a state employee whose
35-17 compensation for services provided to the state during any month
35-18 before August 1987 included hazardous duty pay that was based on
35-19 total state service performed before May 29, 1987. The amount of a
35-20 full-time state employee's hazardous duty pay for a particular
35-21 month is the sum of:
35-22 (1) $7 for each 12-month period of state service
35-23 credit the employee finished accruing before May 29, 1987; and
35-24 (2) $7 for each 12-month period of lifetime service
35-25 credit that the employee accrued after the date, which must be
35-26 before May 29, 1987, on which the employee finished accruing the
35-27 last 12-month period of state service credit.
36-1 (c) The amount determined under Subsection (b)(2) may not
36-2 exceed $210.
36-3 (d) For purposes of Subsections (a)(1) and (b)(2), the
36-4 number of 12-month periods of lifetime service credit that the
36-5 employee has accrued must be determined as of the last day of the
36-6 preceding month.
36-7 (e) A state employee is considered to be a full-time state
36-8 employee for purposes of Subsection (a) or (b) if the employee is
36-9 a full-time state employee for any portion of the first workday of
36-10 the month.
36-11 (f) The amount of a part-time state employee's hazardous
36-12 duty pay is proportional to the amount of a full-time state
36-13 employee's pay under Subsection (a) or (b).
36-14 (g) A state employee may not receive more than $7 for each
36-15 12-month period of lifetime service credit, regardless of:
36-16 (1) the number of positions the employee holds; or
36-17 (2) the number of hours the employee works each week.
36-18 Sec. 659.306. RESPONSIBILITY FOR PAYING HAZARDOUS DUTY PAY.
36-19 The state agency that employs an individual at the beginning of the
36-20 first workday of a month must pay any hazardous duty pay that is
36-21 included in the compensation paid to the individual for services
36-22 rendered during that month. If the individual transfers to a
36-23 second state agency during that month, the first agency remains
36-24 responsible for paying the full amount of hazardous duty pay for
36-25 that month.
36-26 Sec. 659.307. SERVICE CREDIT. (a) The amount of an
36-27 individual's lifetime service credit equals the number of months
37-1 the individual has served in a hazardous duty position during the
37-2 individual's lifetime.
37-3 (b) The amount of an individual's state service credit
37-4 equals the sum of:
37-5 (1) the amount of the individual's lifetime service
37-6 credit, as determined under Subsection (a); and
37-7 (2) the number of months during the individual's
37-8 lifetime that the individual has provided services to the state in
37-9 a position that is not a hazardous duty position.
37-10 Sec. 659.308. ADMINISTRATION. The comptroller may establish
37-11 procedures and adopt rules to administer this subchapter.
37-12 SECTION 25. Section 660.203(a), Government Code, is amended
37-13 to read as follows:
37-14 (a) An individual is entitled to reimbursement for the
37-15 actual expense of meals and lodging incurred while performing the
37-16 duties of the individual's office or employment if the individual
37-17 is:
37-18 (1) a judicial officer;
37-19 (2) a chief administrative officer of a state agency,
37-20 subject to Subsection (c);
37-21 (3) the executive director of the Texas Legislative
37-22 Council; [or]
37-23 (4) the secretary of the senate;
37-24 (5) a member of the Texas Natural Resource
37-25 Conservation Commission, the Texas Workforce Commission, the Public
37-26 Utility Commission of Texas, the Board of Pardons and Paroles, or
37-27 the Sabine River Compact Administration; or
38-1 (6) a full-time member of a board and receives a
38-2 salary from the state for service on that board.
38-3 SECTION 26. Chapter 666, Government Code, as added by Chapter
38-4 1467, Acts of the 76th Legislature, Regular Session, 1999, is
38-5 amended to read as follows:
38-6 CHAPTER 666. RECOVERING [PAYROLL DEDUCTION TO RECOUP]
38-7 EXCESS COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
38-8 Sec. 666.001. DEFINITIONS. In this chapter:
38-9 (1) "Compensation" includes:
38-10 (A) base salary or wages;
38-11 (B) longevity or hazardous duty pay;
38-12 (C) benefit replacement pay;
38-13 (D) a payment for the balance of vacation and
38-14 sick leave under Subchapter B, Chapter 661;
38-15 (E) a payment for the accrued balance of
38-16 vacation time under Subchapter C, Chapter 661; and
38-17 (F) an emolument provided in lieu of base salary
38-18 or wages.
38-19 (2) "Indebtedness" means the amount of compensation
38-20 paid to a state employee that exceeds the amount the employee is
38-21 eligible to receive under law because at the time the compensation
38-22 was paid:
38-23 (A) the employee was ineligible to receive the
38-24 entire amount paid; or
38-25 (B) the employee's eligibility to receive the
38-26 entire amount paid was conditioned on:
38-27 (i) the occurrence of an event that did
39-1 not occur; or
39-2 (ii) the employee's fulfillment of a
39-3 promise that the employee did not fulfill.
39-4 (3) "State agency" means a board, commission, council,
39-5 committee, department, office, agency, or other governmental entity
39-6 in the executive, legislative, or judicial branch of state
39-7 government. The term includes:
39-8 (A) the Texas Guaranteed Student Loan
39-9 Corporation; and
39-10 (B) an institution of higher education as
39-11 defined by Section 61.003, Education Code, other than a public
39-12 junior or community college.
39-13 (4) "State employee" means an officer or employee of a
39-14 state agency.
39-15 (5) "Successor" means:
39-16 (A) the estate of a deceased state employee;
39-17 (B) the surviving spouse of a deceased state
39-18 employee; or
39-19 (C) the distributees of the estate of a deceased
39-20 state employee.
39-21 Sec. 666.002. RECOVERY [DEDUCTION] AUTHORIZATION. (a) A
39-22 state agency may recover in accordance with this chapter [deduct]
39-23 the amount of a state employee's indebtedness to the agency [from
39-24 any amount of compensation the agency owes the employee or the
39-25 employee's successor] if:
39-26 (1) the agency provides a notice to the employee or
39-27 successor that complies with Section 666.003;
40-1 (2) the agency provides the employee or successor with
40-2 an opportunity to exercise any due process or other constitutional
40-3 or statutory protection that must be accommodated before the agency
40-4 may begin a collection action or procedure;
40-5 (3) the agency determines that the recovery
40-6 [deduction] would not violate any applicable law or rule of this
40-7 state or the United States; and
40-8 (4) the comptroller is not responsible under Section
40-9 404.046, 404.069, or 2103.003 for paying the amount owed by the
40-10 agency to the employee or successor through the issuance of a
40-11 warrant or initiation of an electronic funds transfer.
40-12 (b) The comptroller may recover in accordance with this
40-13 chapter [deduct] the amount of a state employee's indebtedness to a
40-14 state agency [from any amount of compensation the agency owes the
40-15 employee or the employee's successor] if:
40-16 (1) the agency provides a notice to the employee or
40-17 successor that complies with Section 666.003;
40-18 (2) the agency's request for [agency requests] the
40-19 comptroller to recover the indebtedness complies [make the
40-20 deduction in accordance] with Section 666.005; and
40-21 (3) the comptroller is responsible under Section
40-22 404.046, 404.069, or 2103.003 for paying the amount owed by the
40-23 agency to the employee or the successor through the issuance of a
40-24 warrant or initiation of an electronic funds transfer.
40-25 (c) A state agency may recover the amount of a state
40-26 employee's indebtedness to the agency under this chapter by:
40-27 (1) deducting the amount of the indebtedness from any
41-1 amount of compensation the agency owes the employee or the
41-2 employee's successor; or
41-3 (2) reducing the gross amount of base salary or wages
41-4 that the agency owes the employee or the employee's successor for
41-5 services provided by the employee during any pay period after the
41-6 pay period in which the indebtedness was incurred.
41-7 (d) The comptroller may recover the amount of a state
41-8 employee's indebtedness to a state agency under this chapter by:
41-9 (1) deducting the amount of the indebtedness from any
41-10 amount of compensation the agency owes the employee or the
41-11 employee's successor; or
41-12 (2) reducing the gross amount of base salary or wages
41-13 that the agency owes the employee or the employee's successor for
41-14 services provided by the employee during any pay period after the
41-15 pay period in which the indebtedness was incurred.
41-16 (e) For the purposes of Subsections (c)(2) and (d)(2), an
41-17 indebtedness is incurred during the pay period the compensation is
41-18 earned by the employee. For purposes of this subsection,
41-19 compensation is earned without regard to whether the amount of that
41-20 compensation exceeds the amount the employee was eligible to
41-21 receive.
41-22 Sec. 666.003. NOTICE. (a) A state agency shall provide
41-23 notice to a state employee or the employee's successor before the
41-24 agency:
41-25 (1) recovers [deducts] the amount of the employee's
41-26 indebtedness to the agency under Section 666.002(a); or
41-27 (2) requests the comptroller to recover the amount of
42-1 the employee's indebtedness to the agency [make a deduction] under
42-2 Section 666.002(b).
42-3 (b) The notice must:
42-4 (1) be given in a manner reasonably calculated to give
42-5 actual notice to the employee or successor;
42-6 (2) state the:
42-7 (A) amount of the indebtedness; and
42-8 (B) name of the indebted employee;
42-9 (3) specify the date by which the indebtedness must be
42-10 paid; and
42-11 (4) inform the employee or successor that unless the
42-12 indebtedness is paid on or before the date specified, the amount of
42-13 the indebtedness may be recovered by:
42-14 (A) deducting it [deducted] from any amount of
42-15 compensation the agency owes the employee or successor; or
42-16 (B) reducing the gross amount of base salary or
42-17 wages that the agency owes the employee or successor for services
42-18 provided by the employee during any pay period after the pay period
42-19 in which the indebtedness was incurred.
42-20 (c) For purposes of Subsection (b)(4)(B), an indebtedness is
42-21 incurred during the pay period the compensation is earned by the
42-22 employee. For purposes of this subsection, compensation is earned
42-23 without regard to whether the amount of that compensation exceeds
42-24 the amount the employee was eligible to receive.
42-25 Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
42-26 remains owed after a recovery [deduction] under Section 666.002
42-27 shall be paid to the state employee or successor.
43-1 Sec. 666.005. RECOVERY [DEDUCTION] REQUESTS TO THE
43-2 COMPTROLLER. (a) A state agency may not request the comptroller to
43-3 make a recovery [deduction from compensation owed to a state
43-4 employee or successor] under Section 666.002(b) before the agency:
43-5 (1) provides the employee or successor the opportunity
43-6 to exercise any due process or other constitutional or statutory
43-7 protection that must be accommodated before a collection action or
43-8 procedure may begin; and
43-9 (2) determines that the recovery [deduction] would not
43-10 violate any applicable law or rule of this state or the United
43-11 States.
43-12 (b) The comptroller may not investigate or determine whether
43-13 the agency has complied with Subsection (a)(1). The comptroller
43-14 may rely on a determination made under Subsection (a)(2).
43-15 (c) A state agency's request to the comptroller to make a
43-16 recovery [deduction] under Section 666.002(b) must comply with the
43-17 comptroller's requirements for format, content, and frequency.
43-18 Sec. 666.006. ASSIGNEES. (a) The assignee of a state
43-19 employee or the employee's successor is considered to be a
43-20 successor for the purposes of this chapter, except that a recovery
43-21 [deduction] under this chapter from the compensation or base salary
43-22 or wages owed to the assignee of a state employee or the employee's
43-23 successor may not be made if the assignment became effective before
43-24 [after] the employee incurred the indebtedness.
43-25 (b) For purposes of Subsection (a), an indebtedness is
43-26 incurred on:
43-27 (1) the date the compensation is paid, if eligibility
44-1 to receive the entire amount of the compensation was not
44-2 conditioned on a state employee fulfilling a promise; or
44-3 (2) the day after the deadline for a state employee to
44-4 fulfill a promise, if eligibility to receive the entire amount of
44-5 the compensation was conditioned on the employee fulfilling the
44-6 promise.
44-7 (c) This chapter neither authorizes nor prohibits a state
44-8 employee or the employee's successor from assigning the employee's
44-9 or successor's right or eligibility to receive compensation.
44-10 Sec. 666.007. OTHER METHODS OF RECOVERY NOT PROHIBITED. This
44-11 chapter does not prohibit the comptroller or a state agency from
44-12 recovering an indebtedness in any manner authorized by a law other
44-13 than this chapter.
44-14 Sec. 666.008. ADMINISTRATION. The comptroller may adopt
44-15 rules and establish procedures to administer this chapter.
44-16 SECTION 27. Sections 2101.011(a), (b), and (c), Government
44-17 Code, are amended to read as follows:
44-18 (a) In this section:
44-19 (1) "Annual financial report" means the annual
44-20 financial report required by this section.
44-21 (2) "Appropriated money" means money appropriated by
44-22 the legislature under the General Appropriations Act or other law.
44-23 [(2) "Appropriation item" includes an item listed in
44-24 the General Appropriations Act under an informational listing of
44-25 appropriated funds.]
44-26 (b) Not later than November 20 of each year, a [the
44-27 executive head of each] state agency shall submit an annual
45-1 financial report regarding the agency's use of appropriated money
45-2 during the preceding fiscal year to:
45-3 (1) the governor;
45-4 (2) the comptroller;
45-5 (3) the Legislative Reference Library;
45-6 (4) the state auditor; and
45-7 (5) the Legislative Budget Board.
45-8 (c) A state agency's [The] annual financial report must
45-9 include[:]
45-10 [(1)] a detailed statement of all assets, liabilities,
45-11 and fund balances, including:
45-12 (1) [(A)] cash on hand and on deposit in banks and
45-13 accounts in the state treasury;
45-14 (2) [(B)] the value of consumable supplies and
45-15 postage;
45-16 (3) [(C)] the value of the [state] agency's inventory
45-17 of movable equipment and other fixed assets;
45-18 (4) [(D)] all other assets;
45-19 (5) an itemization [(E) a list] of the investments,
45-20 bonds, notes, and other securities owned by any special funds under
45-21 the agency's jurisdiction [of the state agency], including the
45-22 amount and value of the securities;
45-23 (6) [(F)] all money due the [state] agency from any
45-24 source;
45-25 (7) [(G)] all outstanding commitments of the agency,
45-26 including amounts due for services or goods received by the agency;
45-27 (8) [(H)] a summary by source of all revenue collected
46-1 or accruing through the [state] agency; [and]
46-2 (9) [(I)] a summary of all appropriations,
46-3 expenditures, bona fide encumbrances, and other disbursements by
46-4 the [state] agency; and
46-5 (10) [(2) a list of all bonded employees, including
46-6 the name of the surety company, the name and title of the employee,
46-7 and the amount of the surety bond;]
46-8 [(3) an analysis of space occupied by the state
46-9 agency, including:]
46-10 [(A) the total number of square feet of space
46-11 rented by the agency;]
46-12 [(B) the total number of square feet of occupied
46-13 space in state-owned buildings;]
46-14 [(C) the name and address of each building in
46-15 which the state agency occupies space and the number of square feet
46-16 in each building devoted to a particular use;]
46-17 [(D) the cost per square foot of all rented
46-18 space;]
46-19 [(E) the annual and monthly cost of all rented
46-20 space;]
46-21 [(F) the lessor of all rented space;]
46-22 [(G) a statement of the state agency's progress
46-23 toward achieving the objective provided by Section 2165.104, if the
46-24 agency is subject to that section; and]
46-25 [(H) other information helpful to describe the
46-26 state agency's use of space;]
46-27 [(4) an itemized statement of all fees paid by the
47-1 state agency for professional and consulting services provided
47-2 under Chapter 2254, including the name of each person receiving
47-3 fees and the reason for the provision of the services;]
47-4 [(5) an itemized statement of all legal services paid
47-5 by the state agency, other than services provided by an employee of
47-6 the agency or the attorney general, that includes the name of each
47-7 person receiving fees and the reason for the provision of the
47-8 services;]
47-9 [(6) a copy of the report, relating to the state
47-10 agency's use and cost of operating aircraft that is state-owned or
47-11 under rental or long-term lease, prepared by the agency in
47-12 accordance with Section 2205.041;]
47-13 [(7) a list of any purchases made under Section
47-14 2155.067, including each product purchased, the purchase amount,
47-15 and the name of each vendor;]
47-16 [(8) for each fiscal year ending in an even-numbered
47-17 calendar year, a copy of the Master File Report Verification Form
47-18 certified by the General Land Office, if applicable to the state
47-19 agency, to confirm that the agency is in compliance with Subchapter
47-20 E, Chapter 31, Natural Resources Code, or, if the agency's
47-21 inventory record is not accurate and complete, a statement that the
47-22 appropriate forms will be submitted to the General Land Office not
47-23 later than the 15th day after the date of the annual report;]
47-24 [(9) a copy of the report, relating to the state
47-25 agency's use of historically underutilized businesses, prepared by
47-26 the agency in accordance with Section 2161.124;]
47-27 [(10) a report of any transfer of appropriated money
48-1 between appropriation items that shows the sum of all transfers
48-2 affecting a particular item;]
48-3 [(11) a list of each passenger vehicle the state
48-4 agency purchased, including the make and model, purchase price,
48-5 assigned type of use, and fuel efficiency as expressed by the
48-6 manufacturer's fuel efficiency rating;]
48-7 [(12) a schedule, applicable to state agencies
48-8 determined by the Legislative Budget Board, detailing total
48-9 expenditures by or on behalf of a state agency for employee
48-10 benefits, such as social security, health insurance, and retirement
48-11 contributions, benefit replacement pay, and workers' and
48-12 unemployment compensation payments; bond debt service; and
48-13 payments for general governmental services as determined by the
48-14 comptroller, including services of the comptroller, the attorney
48-15 general, the General Services Commission, the Department of
48-16 Information Resources, and the state auditor;]
48-17 [(13) for an institution of higher education, the
48-18 total amount of lump-sum payments made to employees who separated
48-19 from state service during the fiscal year for accrued vacation and
48-20 compensatory leave; and]
48-21 [(14)] any other financial information requested by
48-22 the comptroller.
48-23 SECTION 28. Subchapter B, Chapter 2101, Government Code, is
48-24 amended by adding Section 2101.0115 to read as follows:
48-25 Sec. 2101.0115. OTHER INFORMATION REQUIRED OF STATE
48-26 AGENCIES. (a) A state agency shall submit an annual report to:
48-27 (1) the governor;
49-1 (2) the comptroller;
49-2 (3) the Legislative Reference Library;
49-3 (4) the state auditor; and
49-4 (5) the Legislative Budget Board.
49-5 (b) A state agency's annual report must cover an entire
49-6 fiscal year. The agency shall submit the report not later than the
49-7 date and in the form prescribed by the comptroller.
49-8 (c) A state agency's annual report must include:
49-9 (1) the name and job title of each bonded agency
49-10 employee, the amount of the bond, and the name of the surety
49-11 company that issued the bond;
49-12 (2) an analysis of space occupied by the agency,
49-13 including:
49-14 (A) the total amount of space rented by the
49-15 agency, expressed in square feet;
49-16 (B) the total amount of space occupied by the
49-17 agency in state-owned buildings, expressed in square feet;
49-18 (C) the name and address of each building in
49-19 which the agency occupies space and the amount of square feet in
49-20 each building devoted to each particular use;
49-21 (D) the cost per square foot of all rented
49-22 space;
49-23 (E) the annual and monthly cost of all rented
49-24 space;
49-25 (F) the name of each lessor of space rented by
49-26 the agency;
49-27 (G) a description of the agency's progress
50-1 toward achieving the objective provided by Section 2165.104, if the
50-2 agency is subject to that section; and
50-3 (H) any other information helpful to describe
50-4 the agency's use of space;
50-5 (3) an itemization of all fees paid by the agency for
50-6 professional or consulting services provided under Subchapter A or
50-7 B, Chapter 2254, including the name of each person receiving those
50-8 fees and the reason for the provision of the services;
50-9 (4) an itemization of all fees paid by the agency for
50-10 legal services, other than legal services provided by an agency
50-11 employee or the attorney general, including the name of each person
50-12 receiving those fees and the reason for the provision of the
50-13 services;
50-14 (5) a copy of the form prepared by the agency under
50-15 Section 2205.041, relating to the agency's use and cost of
50-16 operating aircraft that are state-owned or under rental or
50-17 long-term lease;
50-18 (6) an itemization of any purchases made under Section
50-19 2155.067, including each product purchased, the amount of the
50-20 purchase, and the name of the vendor;
50-21 (7) for each fiscal year ending in an even-numbered
50-22 calendar year:
50-23 (A) a copy of the master file report
50-24 verification form certified by the General Land Office, if
50-25 applicable to the agency, to confirm that the agency is in
50-26 compliance with Subchapter E, Chapter 31, Natural Resources Code;
50-27 or
51-1 (B) if the agency's inventory record is
51-2 inaccurate or incomplete, a statement that the agency will submit
51-3 the appropriate forms to the General Land Office not later than the
51-4 15th day after the date the agency submits its annual report;
51-5 (8) a copy of the report prepared by the agency under
51-6 Section 2161.124, relating to the agency's use of historically
51-7 underutilized businesses;
51-8 (9) a report of each transfer of appropriated money
51-9 between appropriation items that shows the sum of all transfers
51-10 affecting each item;
51-11 (10) an itemization of each passenger vehicle the
51-12 agency purchased, including the make, model, purchase price,
51-13 assigned type of use, and fuel efficiency as expressed by the
51-14 manufacturer's fuel efficiency rating;
51-15 (11) a schedule, applicable to state agencies
51-16 determined by the Legislative Budget Board, detailing total
51-17 expenditures by or on behalf of the agency for:
51-18 (A) employee benefits, including social
51-19 security, health insurance, retirement contributions, benefit
51-20 replacement pay, and workers' and unemployment compensation
51-21 payments;
51-22 (B) bond debt service; and
51-23 (C) payments for general governmental services
51-24 as defined by the comptroller, including services of the
51-25 comptroller, the attorney general, the General Services Commission,
51-26 the Department of Information Resources, and the state auditor;
51-27 (12) for an institution of higher education, the total
52-1 amount of lump-sum vacation and compensatory leave payments made to
52-2 employees who separated from state service during the fiscal year;
52-3 (13) the name and job title of each state officer or
52-4 employee authorized to use a state-owned or state-leased vehicle
52-5 and the reasons for the authorization, in accordance with Section
52-6 2113.013; and
52-7 (14) a report of expenditures made for each commodity
52-8 or service identified under Section 2155.448, including:
52-9 (A) the total amount spent on those commodities
52-10 and services;
52-11 (B) the total amount spent for commodities and
52-12 services purchased that accomplish the same purpose; and
52-13 (C) the total amount spent for all other
52-14 recycled, remanufactured, or environmentally sensitive commodities
52-15 or services, itemized by type of commodity or service.
52-16 (d) In this section:
52-17 (1) "Annual report" means the annual report required
52-18 by this section.
52-19 (2) "Appropriated money" means money appropriated by
52-20 the legislature under the General Appropriations Act or other law.
52-21 (3) "Appropriation item" includes an item listed in
52-22 the General Appropriations Act under an informational listing of
52-23 appropriated funds.
52-24 SECTION 29. Section 2101.012(b), Government Code, is amended
52-25 to read as follows:
52-26 (b) The procedures must:
52-27 (1) comply with generally accepted accounting
53-1 principles as established by the Governmental Accounting Standards
53-2 Board and the American Institute of Certified Public Accountants or
53-3 their successors; and
53-4 (2) include the requirements for compliance with the
53-5 federal Single Audit Act of 1984 and Office of Management and
53-6 Budget Circular A-133 [A-128] and any subsequent changes or
53-7 amendments that will fulfill the audit requirements for a statewide
53-8 single audit[; and]
53-9 [(3) to provide for maximum consistency with the
53-10 national reporting system for higher education, incorporate insofar
53-11 as possible the provisions of the financial accounting and
53-12 reporting manual published by the National Association of College
53-13 and University Business Officers].
53-14 SECTION 30. Section 2103.004, Government Code, is amended to
53-15 read as follows:
53-16 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS.
53-17 (a) A warrant may not be drawn or an electronic funds transfer
53-18 initiated until:
53-19 (1) the state agency from whose appropriated or
53-20 unappropriated funds the warrant or electronic funds transfer is
53-21 payable has submitted a voucher to the comptroller;
53-22 (2) the state agency has approved the voucher in
53-23 accordance with this chapter; and
53-24 (3) the comptroller has audited and approved the
53-25 voucher as required by law.
53-26 (b) A state agency's approval of a voucher includes the
53-27 agency's approval of any interest that must be paid at the same
54-1 time the principal amount is paid to a vendor under Chapter 2251.
54-2 In this subsection, "state agency" has the meaning assigned by
54-3 Section 2251.001.
54-4 SECTION 31. Section 2107.008, Government Code, is amended to
54-5 read as follows:
54-6 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
54-7 PROHIBITED. (a) Except as provided by this section, a state
54-8 agency, as a ministerial duty, may not use funds in or outside of
54-9 the state treasury to pay a person if[:]
54-10 [(1)] Section 403.055 prohibits the comptroller from
54-11 issuing a warrant or initiating an electronic funds transfer to the
54-12 person.
54-13 (b) Except as provided by this section, a state agency may
54-14 refuse to use funds in or outside of the state treasury to pay a
54-15 person if[; or]
54-16 [(2)] the person is indebted to the state or has a tax
54-17 delinquency and[,] the agency is responsible for collecting that
54-18 indebtedness or delinquency. This subsection applies only if[,
54-19 and] Section 403.055 does not prohibit the comptroller from issuing
54-20 a warrant or initiating an electronic funds transfer to the person.
54-21 (c) [(b)] A state agency may not pay the assignee of a
54-22 person that the agency may not pay under Subsection (a) [(a)(1)] if
54-23 Section 403.055 prohibits the comptroller from issuing a warrant or
54-24 initiating an electronic funds transfer to the assignee. The
54-25 agency may refuse to [not] pay the assignee of a person that the
54-26 agency may refuse to [not] pay under Subsection (b) [(a)(2)] if the
54-27 assignment became effective after the person became indebted to the
55-1 state or incurred a tax delinquency.
55-2 (d) [(c)] A state agency that Subsection (a) prohibits from
55-3 making a payment to a person also is prohibited from paying any
55-4 part of that payment to:
55-5 (1) the person's estate;
55-6 (2) the distributees of the person's estate; or
55-7 (3) the person's surviving spouse.
55-8 (e) A state agency that may refuse to make a payment to a
55-9 person under Subsection (b) also may refuse to make any part of
55-10 that payment to:
55-11 (1) the person's estate;
55-12 (2) the distributees of the person's estate; or
55-13 (3) the person's surviving spouse.
55-14 (f) [(d)] This section neither prohibits [does not prohibit]
55-15 a state agency from paying nor authorizes a state agency to refuse
55-16 to pay a person [subject to Subsection (a)(2)] or the person's
55-17 assignee if the agency determines that the person is complying with
55-18 an installment payment agreement or similar agreement between the
55-19 agency and that person to pay or eliminate the debt or delinquency.
55-20 (g) [(e)] The comptroller may not reimburse a state agency
55-21 for a payment that the comptroller determines was made in violation
55-22 of Subsection (a) [this section].
55-23 (h) [(f)] Subsection (b) [(a)(2)] does not authorize
55-24 [prohibit] a state agency to refuse to pay [from paying]:
55-25 (1) the compensation of a state officer or employee;
55-26 or
55-27 (2) the remuneration of an individual if the
56-1 remuneration is being paid by a private person through the agency.
56-2 (i) [(g)] Subsection (b) [(a)(2)] does not authorize
56-3 [prohibit] a state agency to refuse to make [from making] a payment
56-4 if:
56-5 (1) the payment would be made in whole or in part with
56-6 money paid to the state by the United States; and
56-7 (2) the agency determines that federal law:
56-8 (A) requires the payment to be made; or
56-9 (B) conditions the state's receipt of the money
56-10 on the payment being made.
56-11 (j) [(h)] A state agency may not refuse to make a payment
56-12 under Subsection (b) [(a)(2)] before the agency has provided the
56-13 person with an opportunity to exercise any due process or other
56-14 constitutional or statutory protection that must be accommodated
56-15 before the agency or the state may begin a collection action or
56-16 procedure.
56-17 (k) Subsection (a) does not prohibit a state agency from
56-18 making a payment if each state agency that properly reported the
56-19 person to the comptroller under Section 403.055(f) consents to the
56-20 payment.
56-21 (l) [(i)] This section does not apply to the extent that
56-22 Section 57.482, Education Code, applies.
56-23 (m) [(j)] This section applies to a payment only if the
56-24 comptroller is not responsible under Section 404.046, 404.069, or
56-25 2103.003 for issuing a warrant or initiating an electronic funds
56-26 transfer to make the payment.
56-27 (n) In [(k) Notwithstanding Section 2107.001, in] this
57-1 section:
57-2 (1) "Compensation," ["compensation," "state agency,"]
57-3 "state officer or employee," and "tax delinquency" have the
57-4 meanings assigned by Section 403.055.
57-5 (2) "State agency" has the meaning assigned by Section
57-6 403.055, notwithstanding Section 2107.001.
57-7 SECTION 32. Section 2110.001, Government Code, is amended to
57-8 read as follows:
57-9 Sec. 2110.001. DEFINITION. In this chapter, "advisory
57-10 committee" means a committee, council, commission, task force, or
57-11 other entity with multiple members [in the executive branch of
57-12 state government] that[:]
57-13 [(1) is not a state agency;]
57-14 [(2) is created by or under state law; and]
57-15 [(3)] has as its primary function advising a state
57-16 agency in the executive branch of state government.
57-17 SECTION 33. Chapter 2110, Government Code, is amended by
57-18 adding Sections 2110.0011 and 2110.0012 to read as follows:
57-19 Sec. 2110.0011. APPLICABILITY OF CHAPTER. This chapter
57-20 applies unless and to the extent:
57-21 (1) another state law specifically states that this
57-22 chapter does not apply; or
57-23 (2) a federal law or regulation:
57-24 (A) imposes an unconditional requirement that
57-25 irreconcilably conflicts with this chapter; or
57-26 (B) imposes a condition on the state's
57-27 eligibility to receive money from the federal government that
58-1 irreconcilably conflicts with this chapter.
58-2 Sec. 2110.0012. ESTABLISHMENT OF ADVISORY COMMITTEES. For
58-3 purposes of this chapter, a state agency has established an
58-4 advisory committee if:
58-5 (1) state or federal law has specifically created the
58-6 committee to advise the agency; or
58-7 (2) the agency has, under state or federal law,
58-8 created the committee to advise the agency.
58-9 SECTION 34. Section 2110.002, Government Code, is amended to
58-10 read as follows:
58-11 Sec. 2110.002. COMPOSITION OF ADVISORY COMMITTEES. (a) An
58-12 [Notwithstanding other law, an] advisory committee must be composed
58-13 of a reasonable number of members not to exceed 24.
58-14 (b) The composition of an advisory [the] committee that
58-15 advises a state agency regarding an industry or occupation
58-16 regulated or directly affected by the agency must [also] provide a
58-17 balanced representation between:
58-18 (1) the industry or occupation [industries or
58-19 occupations regulated or directly affected by the advised state
58-20 agency]; and
58-21 (2) consumers of services provided [either] by the
58-22 [advised state] agency, industry, or occupation [or by industries
58-23 or occupations regulated by the agency].
58-24 [(b) This section does not apply to an advisory committee if
58-25 the committee must be composed in a manner that is inconsistent
58-26 with this section under federal law or for federal funding
58-27 purposes.]
59-1 SECTION 35. Section 2110.003(a), Government Code, is amended
59-2 to read as follows:
59-3 (a) An advisory committee shall select from among its
59-4 members a presiding officer[, unless a different procedure for
59-5 selecting the presiding officer is prescribed by other law].
59-6 SECTION 36. Section 2110.005, Government Code, is amended to
59-7 read as follows:
59-8 Sec. 2110.005. AGENCY-DEVELOPED STATEMENT OF PURPOSE AND
59-9 TASKS; REPORTING REQUIREMENTS. A state agency that establishes [is
59-10 advised by] an advisory committee shall by rule [adopt rules that]:
59-11 (1) state the purpose and tasks of the committee; and
59-12 (2) describe [the task of the committee and] the
59-13 manner in which the committee will report to the agency.
59-14 SECTION 37. Section 2110.006, Government Code, is amended to
59-15 read as follows:
59-16 Sec. 2110.006. AGENCY EVALUATION OF COMMITTEE COSTS AND
59-17 EFFECTIVENESS. A state agency that has established [is advised by]
59-18 an advisory committee shall evaluate annually:
59-19 (1) the committee's work;
59-20 (2) the committee's usefulness; and
59-21 (3) the costs related to the committee's existence,
59-22 including the cost of agency staff time spent in support of the
59-23 committee's activities.
59-24 SECTION 38. Section 2110.007, Government Code, is amended to
59-25 read as follows:
59-26 Sec. 2110.007. REPORT TO THE LEGISLATIVE BUDGET BOARD. A
59-27 state agency that has established [is advised by] an advisory
60-1 committee shall report to the Legislative Budget Board the
60-2 information developed in the evaluation required by Section
60-3 2110.006. The agency shall file the report biennially in
60-4 connection with the agency's request for appropriations.
60-5 SECTION 39. Section 2110.008, Government Code, is amended to
60-6 read as follows:
60-7 Sec. 2110.008. DURATION OF ADVISORY COMMITTEES. (a) A state
60-8 agency that has established [is advised by] an advisory committee
60-9 may designate the [shall establish by rule a] date on which the
60-10 committee will automatically be abolished. The designation must be
60-11 by rule. The [advisory] committee may continue in existence after
60-12 that date only if the [governing body of the] agency amends the
60-13 rule to provide for a different abolishment date [affirmatively
60-14 votes to continue the committee in existence].
60-15 (b) Unless the state agency that establishes an [An]
60-16 advisory committee designates a different date under Subsection
60-17 (a), the committee is automatically abolished on the later of:
60-18 (1) September 1, 2005; or
60-19 (2) the fourth anniversary of the date of its creation
60-20 [unless the governing body of the agency establishes a different
60-21 date under Subsection (a)].
60-22 (c) An advisory committee that state or federal law has
60-23 specifically created as described in Section 2110.0012(1) is
60-24 considered for purposes of Subsection (b)(2) to have been created
60-25 on the effective date of that law unless the law specifically
60-26 provides for a different date of creation.
60-27 (d) This section does not apply to an advisory committee
61-1 that has a specific duration prescribed by statute.
61-2 SECTION 40. Section 2113.001, Government Code, as added by
61-3 Chapter 1498, Acts of the 76th Legislature, Regular Session, 1999,
61-4 is amended to read as follows:
61-5 Sec. 2113.001. DEFINITIONS. Except as otherwise provided by
61-6 this chapter, in [In] this chapter:
61-7 (1) "Appropriated money" means money appropriated by
61-8 the legislature through the General Appropriations Act or other
61-9 law.
61-10 (2) "State agency" means:
61-11 (A) a department, commission, board, office, or
61-12 other entity in the executive branch of state government;
61-13 (B) the supreme court, the court of criminal
61-14 appeals, another entity in the judicial branch of state government
61-15 with statewide authority, or a court of appeals; or
61-16 (C) a university system or an institution of
61-17 higher education as defined by Section 61.003, Education Code,
61-18 except that a public junior college is excluded from the meaning of
61-19 the term in [Subchapter D and] all of Subchapter C except Section
61-20 2113.101 and all of Subchapter D except Section 2113.205.
61-21 SECTION 41. Section 2113.013(b), Government Code, is amended
61-22 to read as follows:
61-23 (b) The administrative head of a state agency may authorize
61-24 an officer or employee to use a state-owned or state-leased motor
61-25 vehicle to commute to and from work when the administrative head
61-26 determines that the use may be necessary to ensure that vital
61-27 agency functions are performed. The name and job title of each
62-1 individual authorized under this subsection, and the reasons for
62-2 the authorization, must be included in the [annual] report required
62-3 by Section 2101.0115 [law].
62-4 SECTION 42. Section 2113.205, Government Code, is amended to
62-5 read as follows:
62-6 Sec. 2113.205. CERTAIN EXPENDITURES INVOLVING MULTIPLE [TWO]
62-7 FISCAL YEARS. (a) Except as provided by this subsection, a [The
62-8 comptroller shall adopt rules to permit] state agency may [agencies
62-9 to] use money appropriated for a particular fiscal year to pay
62-10 expenses related to conducting or attending a seminar or a
62-11 conference only to the extent it occurs during that year. To the
62-12 extent that it is cost-effective, a state agency may use money
62-13 appropriated for a particular fiscal year to pay expenses related
62-14 to conducting or attending a seminar or conference [seminars and
62-15 conferences] that will [not] occur partly or entirely during a
62-16 different [until the next] fiscal year [in circumstances when it is
62-17 cost-effective to do so].
62-18 (b) A [The comptroller also shall adopt rules to permit]
62-19 state agency may [agencies to] use money appropriated for a
62-20 particular fiscal year to pay the entire cost or amount of a
62-21 [expenses for items such as] periodical [subscriptions and monthly
62-22 utility charges in circumstances when the billing or] subscription,
62-23 a maintenance contract, a post office box rental, insurance, or a
62-24 surety or honesty bond, regardless of whether it covers more than
62-25 one [period extends to the next] fiscal year.
62-26 (c) A state agency may use money appropriated for a
62-27 particular fiscal year to pay for a utility service provided during
63-1 that fiscal year and September of the next fiscal year.
63-2 (d) The comptroller may establish procedures and adopt rules
63-3 to administer this section.
63-4 (e) In this section:
63-5 (1) "Institution of higher education" has the meaning
63-6 assigned by Section 61.003, Education Code.
63-7 (2) "State agency" means:
63-8 (A) a department, commission, board, office, or
63-9 other entity in the executive branch of state government, including
63-10 an institution of higher education;
63-11 (B) the supreme court, the court of criminal
63-12 appeals, another entity in the judicial branch of state government
63-13 with statewide authority, or a court of appeals; or
63-14 (C) the legislature or another entity in the
63-15 legislative branch of state government with statewide authority.
63-16 (3) "Utility service" means:
63-17 (A) the furnishing of electricity, water, or
63-18 natural gas;
63-19 (B) a telecommunications service, a wastewater
63-20 treatment service, or a waste disposal service; or
63-21 (C) any similar commodity or service that the
63-22 comptroller considers to be a utility service.
63-23 SECTION 43. Section 2155.004, Government Code, is amended to
63-24 read as follows:
63-25 Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED. (a) A
63-26 state agency may not accept a bid or award a contract that includes
63-27 proposed financial participation by a person who received
64-1 compensation from the agency to participate in preparing the
64-2 specifications or request for proposals on which the bid or
64-3 contract is based.
64-4 (b) [A state agency may not accept a bid or award a contract
64-5 to any individual not residing in this state or business entity not
64-6 incorporated in or whose principal domicile is not in this state
64-7 unless the individual or business entity:]
64-8 [(1) holds a permit issued by the comptroller to
64-9 collect or remit all state and local sales and use taxes that
64-10 become due and owing as a result of the individual's or entity's
64-11 business in this state; or]
64-12 [(2) certifies that it does not sell tangible personal
64-13 property or services that are subject to the state and local sales
64-14 and use tax.]
64-15 [(c)] A bid or award subject to the requirements of this
64-16 section must include the following statement:
64-17 "Under Section 2155.004, Government Code, the vendor
64-18 certifies that the individual or business entity named in this bid
64-19 or contract is not ineligible to receive the specified contract and
64-20 acknowledges that this contract may be terminated and payment
64-21 withheld if this certification is inaccurate."
64-22 (c) [(d)] If a state agency determines that an individual or
64-23 business entity holding a state contract was ineligible to have the
64-24 contract accepted or awarded under Subsection (a) [or (b)], the
64-25 state agency may immediately terminate the contract without further
64-26 obligation to the vendor.
64-27 (d) [(e) If the certification required under Subsection
65-1 (b)(2) is shown to be false, the vendor is liable to the state for
65-2 attorney's fees, the costs necessary to complete the contract,
65-3 including the cost of advertising and awarding a second contract,
65-4 and any other damages provided by law or contract.]
65-5 [(f)] This section does not create a cause of action to
65-6 contest a bid or award of a state contract.
65-7 (e) [(g) In the absence of a certification by the vendor
65-8 under Subsection (b)(2), the purchasing state agency shall
65-9 determine if a prospective vendor holds a permit for the collection
65-10 and remission of state and local sales and use taxes.]
65-11 [(h)] This section does not prohibit a bidder or contract
65-12 participant from providing free technical assistance to a state
65-13 agency.
65-14 SECTION 44. Section 2155.448(c), Government Code, is amended
65-15 to read as follows:
65-16 (c) A state agency shall include [report] in the [its annual
65-17 financial] report required by Section 2101.0115, and in an annual
65-18 report to the commission at a date and in a manner and form
65-19 prescribed by the commission, the expenditures made during the
65-20 preceding state fiscal year for each of the commodities or services
65-21 identified under Subsection (a). The annual report must at a
65-22 minimum identify the total amount spent on those commodities and
65-23 services and the total amount spent for commodities and services
65-24 purchased that accomplish the same purpose. State [Additionally,
65-25 state] agencies shall include in the reports [report] the amount
65-26 spent for all other recycled, remanufactured, and environmentally
65-27 sensitive commodities and services by type of commodity and service
66-1 [as prescribed by the commission].
66-2 SECTION 45. Section 2166.402, Government Code, is amended to
66-3 read as follows:
66-4 Sec. 2166.402. Energy Conservation Standards for Entities
66-5 Otherwise Excluded From Chapter. (a) The governing body of a state
66-6 agency, commission, or institution that is exempt from this chapter
66-7 under Section 2166.003 shall adopt and publish energy conservation
66-8 design standards as provided by Section 447.004 for a new building
66-9 under the entity's authority. The standards must be:
66-10 (1) consistent with those adopted by the commission
66-11 for other state buildings; and
66-12 (2) prepared in cooperation and consultation with the
66-13 state energy conservation [management center of the governor's]
66-14 office.
66-15 (b) The state energy conservation [management center of the
66-16 governor's] office shall assist the [a] governing body of a state
66-17 agency, commission, or institution subject to Subsection (a) in
66-18 preparing energy conservation standards by providing technical
66-19 assistance and advice.
66-20 SECTION 46. Section 2251.001, Government Code, is amended to
66-21 read as follows:
66-22 Sec. 2251.001. DEFINITIONS. Except as otherwise provided by
66-23 this chapter, in [In] this chapter:
66-24 (1) "Distribution date" means:
66-25 (A) if no payment law prohibits the comptroller
66-26 from issuing a warrant, the date the comptroller makes the warrant
66-27 available:
67-1 (i) for mailing directly to its payee
67-2 under Section 2155.382(c); or
67-3 (ii) to the state agency that requested
67-4 issuance of the warrant;
67-5 (B) if no payment law prohibits the comptroller
67-6 from initiating an electronic funds transfer, the date the
67-7 comptroller initiates the transfer;
67-8 (C) if a payment law prohibits the comptroller
67-9 from issuing a warrant, the date the comptroller would have made
67-10 the warrant available, in the absence of the payment law:
67-11 (i) for mailing directly to its payee
67-12 under Section 2155.382(c); or
67-13 (ii) to the state agency that requested
67-14 issuance of the warrant; or
67-15 (D) if a payment law prohibits the comptroller
67-16 from initiating an electronic funds transfer, the date the
67-17 comptroller would have made the warrant prepared under Section
67-18 403.0552(b) available, in the absence of the payment law:
67-19 (i) for mailing directly to its payee
67-20 under Section 2155.382(c); or
67-21 (ii) to the state agency that requested
67-22 initiation of the transfer.
67-23 (2) "Goods" includes supplies, materials, or
67-24 equipment.
67-25 (3) [(2)] "Governmental entity" means a state agency
67-26 or political subdivision of this state.
67-27 (4) [(3)] "Payment" means money owed to a vendor.
68-1 (5) "Payment law" means:
68-2 (A) Section 57.48 or 57.482, Education Code;
68-3 (B) Section 231.007, Family Code;
68-4 (C) Section 403.055 or 2107.008; or
68-5 (D) any similar statute.
68-6 (6) [(4)] "Political subdivision" means:
68-7 (A) a county;
68-8 (B) a municipality;
68-9 (C) a public school district; or
68-10 (D) a special-purpose district or authority.
68-11 (7) [(5)] "Service" includes gas and water utility
68-12 service.
68-13 (8) [(6)] "State agency" means:
68-14 (A) a board, commission, department, office, or
68-15 other agency in the executive branch of state government that is
68-16 created by the constitution or a statute of this state, including a
68-17 river authority and an institution of higher education as defined
68-18 by Section 61.003, Education Code;
68-19 (B) the legislature or a legislative agency; or
68-20 (C) the Supreme Court of Texas, the Court of
68-21 Criminal Appeals of Texas, a court of appeals, a state judicial
68-22 agency, or the State Bar of Texas.
68-23 (9) [(7)] "Subcontractor" means a person who contracts
68-24 with a vendor to work or contribute toward completing work for a
68-25 governmental entity. The term does not include a state agency. The
68-26 term includes an officer or employee of a state agency when the
68-27 officer or employee contracts with a vendor in a private capacity.
69-1 (10) [(8)] "Vendor" means a person who supplies goods
69-2 or a service [services] to a governmental entity or another person
69-3 directed by the entity. The term does not include a state agency,
69-4 except for [includes] Texas Correctional Industries. The term
69-5 includes an officer or employee of a state agency when acting in a
69-6 private capacity to supply goods or a service.
69-7 SECTION 47. Section 2251.002(a), Government Code, is amended
69-8 to read as follows:
69-9 (a) This chapter does not apply to a payment made by a
69-10 governmental entity, vendor, or subcontractor if:
69-11 (1) there is a bona fide dispute between the political
69-12 subdivision and a vendor, contractor, subcontractor, or supplier
69-13 about the goods delivered or the service [services] performed that
69-14 causes the payment to be late;
69-15 (2) there is a bona fide dispute between a vendor and
69-16 a subcontractor or between a subcontractor and its supplier about
69-17 the goods delivered or the service [services] performed that causes
69-18 the payment to be late;
69-19 (3) the terms of a federal contract, grant,
69-20 regulation, or statute prevent the governmental entity from making
69-21 a timely payment with federal funds; or
69-22 (4) the invoice is not mailed to the person to whom it
69-23 is addressed in strict accordance with any instruction on the
69-24 purchase order relating to the payment.
69-25 SECTION 48. Section 2251.003, Government Code, is amended to
69-26 read as follows:
69-27 Sec. 2251.003. RULES. The General Services Commission shall
70-1 establish procedures and adopt rules to administer [implement] this
70-2 chapter, except that the commission may not establish a procedure
70-3 or adopt a rule that conflicts with a procedure established or a
70-4 rule adopted by the comptroller under Section 2251.026(h).
70-5 SECTION 49. Section 2251.021, Government Code, is amended by
70-6 amending Subsection (a) and adding Subsection (d) to read as
70-7 follows:
70-8 (a) Except as provided by Subsection (b), a payment by a
70-9 governmental entity under a contract executed on or after September
70-10 1, 1987, is overdue on the 31st day after the later of:
70-11 (1) the date the governmental entity receives the
70-12 goods under the contract;
70-13 (2) the date the performance of the service under the
70-14 contract is completed; or
70-15 (3) the date the governmental entity receives an
70-16 invoice for the goods or service [services].
70-17 (d) For purposes of this section, the renewal, amendment, or
70-18 extension of a contract is considered to be the execution of a new
70-19 contract.
70-20 SECTION 50. Section 2251.025, Government Code, is amended by
70-21 amending Subsections (a) and (c) and adding Subsection (d) to read
70-22 as follows:
70-23 (a) A payment begins to accrue interest on the date the
70-24 payment becomes [is] overdue.
70-25 (c) Interest on an overdue payment stops accruing on the
70-26 date the governmental entity or vendor mails or electronically
70-27 transmits the payment. In this subsection, "governmental entity"
71-1 does not include a state agency.
71-2 (d) This subsection applies only if the comptroller is not
71-3 responsible for issuing a warrant or initiating an electronic funds
71-4 transfer to pay the principal amount owed by a state agency to a
71-5 vendor. The accrual of interest on an overdue payment to the
71-6 vendor:
71-7 (1) stops on the date the agency mails or
71-8 electronically transmits the payment; and
71-9 (2) is not suspended during any period that a payment
71-10 law prohibits the agency from paying the vendor.
71-11 SECTION 51. Section 2251.025, Government Code, is amended by
71-12 amending Subsection (b) and adding Subsection (f) to read as
71-13 follows:
71-14 (b) Except as provided by Subsection (f), interest accrues
71-15 on an [An] overdue payment [bears interest] at the rate of one
71-16 percent each month.
71-17 (f) The amount of interest that accrues on an overdue
71-18 payment by a state agency under this chapter is the lesser of the
71-19 amount determined under:
71-20 (1) the applicable contract between the agency and the
71-21 vendor; or
71-22 (2) Subsections (a), (b), (d), and (e).
71-23 SECTION 52. (a) Section 2251.025, Government Code, is
71-24 amended by adding Subsection (e) to read as follows:
71-25 (e) This subsection applies only if the comptroller is
71-26 responsible for issuing a warrant or initiating an electronic funds
71-27 transfer to pay the principal amount owed by a state agency to a
72-1 vendor. Interest on an overdue payment to the vendor:
72-2 (1) stops accruing on its distribution date; and
72-3 (2) does not accrue at all if, on the date the
72-4 comptroller would issue a warrant or initiate an electronic funds
72-5 transfer to make the payment, a payment law prohibits the
72-6 comptroller from issuing the warrant or initiating the transfer.
72-7 (b) The addition of Subsection (e) to Section 2251.025,
72-8 Government Code, by Subsection (a) of this section is intended to
72-9 reflect existing law and does not imply that the law as it existed
72-10 before the effective date of this section is substantively
72-11 different from the law as it exists on and after the effective date
72-12 of this section.
72-13 (c) If Section 53(a) of this Act takes effect on the same
72-14 date this section would otherwise take effect, this section has no
72-15 effect.
72-16 (d) Section 2251.025(e), Government Code, as added by this
72-17 section, expires on the date Section 2251.025(e), Government Code,
72-18 is added by Section 53 of this Act.
72-19 SECTION 53. (a) Effective on the date determined as provided
72-20 by Subsection (b) of this section, Section 2251.025, Government
72-21 Code, is amended by adding Subsection (e) to read as follows:
72-22 (e) This subsection applies only if the comptroller is
72-23 responsible for issuing a warrant or initiating an electronic funds
72-24 transfer to pay the principal amount owed by a state agency to a
72-25 vendor. Interest on an overdue payment to the vendor:
72-26 (1) stops accruing on its distribution date; and
72-27 (2) is not suspended during any period that a payment
73-1 law prohibits the comptroller from issuing the warrant or
73-2 initiating the transfer.
73-3 (b) The changes in law made by Subsection (a) of this
73-4 section take effect on the date the comptroller files a
73-5 certification with the secretary of state that the comptroller has
73-6 completed modifications to the uniform statewide accounting system
73-7 to enable compliance with Section 2251.025(e), Government Code, as
73-8 added by Subsection (a) of this section. The secretary of state
73-9 shall publish in the Texas Register the certification filed by the
73-10 comptroller under this subsection.
73-11 SECTION 54. Section 2251.026, Government Code, is amended to
73-12 read as follows:
73-13 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. (a) A
73-14 [If the warrant for a payment the originating] state agency shall
73-15 pay from funds appropriated or otherwise available to [owes is not
73-16 mailed or electronically transmitted before the payment is
73-17 overdue,] the agency any [is liable for an] interest [payment] that
73-18 accrues on an overdue payment under this chapter. The interest
73-19 must be paid at the same time the principal amount is paid.
73-20 (b) The comptroller shall issue a warrant or initiate an
73-21 electronic funds transfer on behalf of a state agency to pay any
73-22 interest that the agency must pay under Subsection (a) if the
73-23 comptroller is responsible for issuing a warrant or initiating an
73-24 electronic funds transfer to pay the principal amount on behalf of
73-25 the agency.
73-26 (c) The comptroller shall determine the amount of [compute]
73-27 interest that accrues on an overdue payment by a [imposed on the]
74-1 state agency under this chapter if:
74-2 (1) the comptroller is responsible for issuing a
74-3 warrant or initiating an electronic funds transfer to pay the
74-4 principal amount on behalf of the agency; and
74-5 (2) the amount of interest is not determined under
74-6 Section 2251.025(f)(1).
74-7 (d) A state agency shall determine the amount of interest
74-8 that accrues on an overdue payment by the agency under this chapter
74-9 if:
74-10 (1) the comptroller is not responsible for issuing a
74-11 warrant or initiating an electronic funds transfer to pay the
74-12 principal amount on behalf of the agency;
74-13 (2) the amount of interest is determined under Section
74-14 2251.025(f)(1); or
74-15 (3) both Subdivisions (1) and (2) apply. [(c) The
74-16 comptroller shall pay the interest at the time payment is made on
74-17 the principal.]
74-18 [(d) The comptroller shall submit the interest payment with
74-19 the net amount due for goods and services.]
74-20 (e) Neither the [The] comptroller nor a [and the] state
74-21 agency may [not] require a vendor to request payment of the
74-22 interest that accrues under this chapter before [petition, bill, or
74-23 wait an additional day to receive] the interest is paid to the
74-24 vendor [due].
74-25 (f) The comptroller may require a state agency to submit any
74-26 information the comptroller determines necessary [and timely
74-27 information and adopt rules] to administer and comply with
75-1 Subsections (b) and (c). The information must be submitted at the
75-2 time and in the manner required by the comptroller [this section].
75-3 (g) The comptroller may require a state agency to change its
75-4 accounting systems or procedure as the comptroller determines
75-5 necessary to administer and comply with Subsections (b) and (c).
75-6 Any changes must conform with the comptroller's requirements.
75-7 (h) The comptroller may establish procedures and adopt rules
75-8 to administer Subsections (b), (c), (f), and (g).
75-9 SECTION 55. Section 2251.027(c), Government Code, is amended
75-10 to read as follows:
75-11 (c) The political subdivision shall submit the interest
75-12 payment with the net amount due for the goods or service [and
75-13 services].
75-14 SECTION 56. Section 2251.030(d), Government Code, is amended
75-15 to read as follows:
75-16 (d) A state agency, when paying for the goods or service
75-17 [and services] purchased under an agreement that includes a prompt
75-18 or early payment discount, shall submit the necessary payment
75-19 documents or information to the comptroller sufficiently in advance
75-20 of the prompt or early payment deadline to allow the comptroller or
75-21 the agency to pay the vendor in time to obtain the discount.
75-22 SECTION 57. Subchapter Z, Chapter 2252, Government Code, is
75-23 amended by adding Section 2252.903 to read as follows:
75-24 Sec. 2252.903. CONTRACTING WITH PERSONS WHO HAVE CERTAIN
75-25 DEBTS OR DELINQUENCIES. (a) Each state agency shall determine
75-26 whether a payment law prohibits the comptroller from issuing a
75-27 warrant or initiating an electronic funds transfer to a person
76-1 before the agency enters into a written contract with that person.
76-2 The agency shall make this determination not earlier than the
76-3 seventh day before and not later than the date of entering into the
76-4 contract. The determination must be made in accordance with the
76-5 comptroller's requirements.
76-6 (b) This subsection applies if the agency determines that a
76-7 payment law prohibits the comptroller from issuing a warrant or
76-8 initiating an electronic funds transfer to the person. The agency
76-9 may not enter into a written contract with the person unless:
76-10 (1) the contract requires the agency's payments under
76-11 the contract to be applied directly toward eliminating the person's
76-12 debt or delinquency; and
76-13 (2) the requirement described in Subdivision (1)
76-14 specifically applies to any debt or delinquency, regardless of when
76-15 it arises.
76-16 (c) The comptroller may determine the order in which a
76-17 person's multiple types of debts or delinquencies are reduced or
76-18 eliminated under this section.
76-19 (d) The comptroller may adopt rules and establish procedures
76-20 to administer this section.
76-21 (e) In this section:
76-22 (1) "Debt or delinquency" means a debt, tax
76-23 delinquency, student loan delinquency, or child support delinquency
76-24 that results in a payment law prohibiting the comptroller from
76-25 issuing a warrant or initiating an electronic funds transfer.
76-26 (2) "Payment law" means:
76-27 (A) Section 57.48, Education Code;
77-1 (B) Section 231.007, Family Code;
77-2 (C) Section 403.055; or
77-3 (D) any similar law that prohibits the
77-4 comptroller from issuing a warrant or initiating an electronic
77-5 funds transfer to a person.
77-6 (3) "State agency" has the meaning assigned by Section
77-7 403.055.
77-8 SECTION 58. Section 2305.002(3), Government Code, is amended
77-9 to read as follows:
77-10 (3) "Energy office" means the state energy
77-11 conservation office [of the General Services Commission].
77-12 SECTION 59. The heading to Section 2305.011, Government Code,
77-13 is amended to read as follows:
77-14 Sec. 2305.011. ADMINISTRATION BY COMPTROLLER [GENERAL
77-15 SERVICES COMMISSION] AND ENERGY OFFICE.
77-16 SECTION 60. Section 2305.011, Government Code, is amended by
77-17 adding Subsection (f) to read as follows:
77-18 (f) The comptroller may establish procedures and adopt rules
77-19 as necessary to administer the programs prescribed by this chapter.
77-20 SECTION 61. Section 2305.022, Government Code, is amended to
77-21 read as follows:
77-22 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
77-23 used only by the governor and the comptroller [General Services
77-24 Commission] to implement and operate the programs authorized by
77-25 this chapter.
77-26 SECTION 62. Section 533.0351(g), Health and Safety Code, is
77-27 amended to read as follows:
78-1 (g) Except as provided by this subsection, the [The]
78-2 committee is subject to Chapter 2110, Government Code. The
78-3 [department by rule shall provide, in accordance with Section
78-4 2110.008, Government Code, that the] committee is abolished
78-5 automatically on September 1, 2007, unless the board adopts a rule
78-6 continuing [affirmatively votes to continue] the committee in
78-7 existence beyond that date.
78-8 SECTION 63. Section 771.071(e), Health and Safety Code, is
78-9 amended to read as follows:
78-10 (e) A local exchange service provider shall collect the fees
78-11 imposed on its customers under this section. Not later than the
78-12 30th day after the last day of the month in which the fees are
78-13 collected, the local exchange service provider shall deliver the
78-14 fees to the comptroller [commission]. The comptroller [commission]
78-15 shall deposit money from the fees to the credit of the 9-1-1
78-16 services fee account in the general revenue fund. The comptroller
78-17 may establish alternative dates for payment of fees under this
78-18 section.
78-19 SECTION 64. Sections 771.0711(b), (c), and (f), Health and
78-20 Safety Code, are amended to read as follows:
78-21 (b) A wireless service provider shall collect the fee in an
78-22 amount equal to 50 cents a month for each wireless
78-23 telecommunications connection from its subscribers and shall pay
78-24 the money collected to the comptroller [commission] not later than
78-25 the 30th day after the last day of the month during which the fees
78-26 were collected. The comptroller may establish alternative dates
78-27 for payment of fees under this section. The wireless service
79-1 provider may retain an administrative fee of one percent of the
79-2 amount collected. The comptroller shall deposit the money from the
79-3 fees to the credit of the 9-1-1 services fee account. Until
79-4 deposited to the credit of the 9-1-1 services fee account [fund] as
79-5 required by Subsection (c), money the comptroller [commission]
79-6 collects under this subsection remains in a trust fund with
79-7 [outside] the state treasury.
79-8 (c) Money collected under Subsection (b) may be used only
79-9 for services related to 9-1-1 services, including automatic number
79-10 identification and automatic location information services. Not
79-11 later than the 15th day after the end of the month in which the
79-12 money is collected [Within 15 days of the date of collection of the
79-13 money], the commission shall distribute to each emergency
79-14 communication district that does not participate in the state
79-15 system a portion of the money that bears the same proportion to the
79-16 total amount collected that the population of the area served by
79-17 the district bears to the population of the state. The [commission
79-18 shall deposit the] remaining money collected under Subsection (b)
79-19 shall be deposited to the 9-1-1 services fee account [fund].
79-20 (f) A wireless service provider is not required to take
79-21 legal action to enforce the collection of any wireless 9-1-1
79-22 service fee. The comptroller [commission] may establish collection
79-23 procedures and recover the cost of collection from the subscriber
79-24 liable for the fee. The comptroller [commission] may institute
79-25 legal proceedings to collect a fee and in those proceedings is
79-26 entitled to recover from the subscriber court costs, attorney's
79-27 fees, and interest on the amount delinquent. [The interest is
80-1 computed at an annual rate of 12 percent beginning on the date the
80-2 fee becomes due.]
80-3 SECTION 65. Sections 771.072(b), (c), and (f), Health and
80-4 Safety Code, are amended to read as follows:
80-5 (b) The amount of the surcharge may not exceed one and
80-6 three-tenths [1-3/10] of one percent of the charges for intrastate
80-7 long-distance service, as defined by the commission.
80-8 (c) Except as provided by Section 771.073(f), an intrastate
80-9 long-distance service provider shall collect the surcharge imposed
80-10 on its customers under this section and shall deliver the
80-11 surcharges to the comptroller [commission] not later than the date
80-12 specified by the comptroller. If the comptroller does not specify
80-13 a date, the provider shall deliver the surcharges to the
80-14 comptroller not later than the 30th day after the last day of the
80-15 month in which the surcharges are collected.
80-16 (f) The comptroller [commission] shall deposit the
80-17 surcharges and any prior balances in accounts [an account] in the
80-18 general revenue fund in the state treasury until they are allocated
80-19 to regional planning commissions, other 9-1-1 jurisdictions, and
80-20 regional poison control centers in accordance with this section.
80-21 From those accounts [that account], the amount necessary for the
80-22 commission to fund approved plans of regional planning commissions
80-23 and regional poison control centers and to carry out its duties
80-24 under this chapter shall be appropriated to the commission.
80-25 Section 403.095, Government Code, does not apply to an [the]
80-26 account established by this subsection.
80-27 SECTION 66. Sections 771.073(b) and (c), Health and Safety
81-1 Code, are amended to read as follows:
81-2 (b) A business service user that provides residential
81-3 facilities and owns or leases a private telephone switch used to
81-4 provide telephone service to facility residents shall collect the
81-5 9-1-1 emergency service fee and transmit the fees monthly to the
81-6 comptroller [commission]. A business service user that does not
81-7 collect and remit the 9-1-1 emergency service fee as required is
81-8 subject to a civil cause of action. A court may award to the
81-9 comptroller [commission] court costs, attorney's fees, and interest
81-10 on the amount delinquent [at an annual rate of 12 percent], to be
81-11 paid by the nonpaying business service user. A certificate of the
81-12 comptroller [sworn affidavit by the commission] specifying the
81-13 unremitted fees is prima facie evidence that the fees were not
81-14 remitted and of the amount of the unremitted fees.
81-15 (c) The comptroller [commission] may establish collection
81-16 procedures and recover the cost of collection from the customer
81-17 liable for the fee or surcharge. The comptroller [commission] may
81-18 institute legal proceedings to collect a fee or surcharge and in
81-19 those proceedings is entitled to recover from the customer court
81-20 costs, attorney's fees, and an interest on the amount delinquent.
81-21 [The interest is computed at an annual rate of 12 percent beginning
81-22 on the date the fee or surcharge becomes due.]
81-23 SECTION 67. Section 771.074, Health and Safety Code, is
81-24 amended to read as follows:
81-25 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
81-26 this subchapter, Chapter 772, or a home-rule municipality may not
81-27 be imposed on or collected from the state or the federal
82-1 government.
82-2 SECTION 68. Section 771.076(a), Health and Safety Code, is
82-3 amended to read as follows:
82-4 (a) The commission or an employee of the commission may
82-5 notify the comptroller of any irregularity that may indicate that
82-6 an audit of a service provider collecting a fee or surcharge under
82-7 this subchapter is warranted. The comptroller also may audit a
82-8 service provider at the comptroller's discretion, without first
82-9 receiving a notification from the commission or an employee of the
82-10 commission. The commission may require at its own expense that an
82-11 audit be conducted of a public agency receiving money under this
82-12 chapter.
82-13 SECTION 69. Section 771.077, Health and Safety Code, is
82-14 amended to read as follows:
82-15 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES. (a) The
82-16 comptroller may [by rule shall] establish collection procedures to
82-17 collect past due amounts and may recover the costs of collection
82-18 from a service provider or business service user that fails to
82-19 timely deliver the fees and the equalization surcharge to the
82-20 comptroller [commission]. Subtitles A and B, Title 2, Tax Code,
82-21 apply to the administration and collection of amounts by the
82-22 comptroller under this subchapter.
82-23 (b) The comptroller may [by rule shall] establish procedures
82-24 to be used by the commission to notify the comptroller of a service
82-25 provider's or business service user's failure to timely deliver the
82-26 fees or surcharges.
82-27 (c) [In addition to amounts collected under Subsection (a),
83-1 after notice and an opportunity for a hearing, the comptroller may
83-2 assess a late penalty against a service provider who fails to
83-3 timely deliver the fees or surcharges. The late penalty is in an
83-4 amount not to exceed $100 a day for each day that the fees or
83-5 surcharges are late.]
83-6 [(d)] The comptroller shall deposit amounts received as
83-7 costs of collection in the general revenue fund.
83-8 (d) [(e)] The comptroller shall:
83-9 (1) remit to the commission money collected under this
83-10 section for fees provided by Section 771.0711 and associated late
83-11 penalties;
83-12 (2) deposit to the 9-1-1 services fee account [fund]
83-13 any money collected under this section for fees provided by Section
83-14 771.071 and associated late penalties; and
83-15 (3) deposit to the account as authorized by Section
83-16 771.072 any money collected under this section for fees provided by
83-17 Section 771.072 and associated late penalties.
83-18 (e) [(f)] The commission shall:
83-19 (1) deposit or distribute the money remitted under
83-20 Subsection (d)(1) [(e)(1)] as Section 771.0711 provides for fees
83-21 received under that section; and
83-22 (2) distribute the money remitted under Subsection
83-23 (d)(2) [(e)(2)] and appropriated to the commission under contracts
83-24 as provided by Section 771.078(b)(1).
83-25 SECTION 70. Section 1701.156(c), Occupations Code, is
83-26 amended to read as follows:
83-27 (c) Money in the account at the end of the state fiscal
84-1 year, other than money encumbered by [appropriated to] the
84-2 commission and money allocated by the comptroller under Section
84-3 1701.157, shall be transferred to the general revenue fund.
84-4 SECTION 71. Section 111.064, Tax Code, is amended by adding
84-5 Subsection (f) to read as follows:
84-6 (f) A local revenue fund is not subject to Subsections
84-7 (a)-(c). In this subsection, "local revenue fund" includes a court
84-8 cost, a fee, a fine, or a similar charge collected by a
84-9 municipality, a county, or a court of this state and remitted to
84-10 the comptroller.
84-11 SECTION 72. Section 156.154(c), Tax Code, is amended to read
84-12 as follows:
84-13 (c) A claim for a refund may be filed only for each fiscal
84-14 year [calendar] quarter for all reimbursements accrued during that
84-15 quarter.
84-16 SECTION 73. Subchapter R, Chapter 171, Tax Code, is amended
84-17 by adding Section 171.837 to read as follows:
84-18 Sec. 171.837. BIENNIAL REPORT BY COMPTROLLER. (a) Before
84-19 the beginning of each regular session of the legislature, the
84-20 comptroller shall submit to the governor, the lieutenant governor,
84-21 and the speaker of the house of representatives a report stating:
84-22 (1) the total amount of qualifying expenditures
84-23 incurred by corporations that claim a credit under this subchapter;
84-24 (2) the total amount of credits applied against the
84-25 tax under this chapter and the amount of unused credits, including:
84-26 (A) the total amount of franchise tax due by
84-27 corporations claiming a credit under this subchapter before and
85-1 after the application of the credit;
85-2 (B) the average percentage reduction in
85-3 franchise tax due by corporations claiming a credit under this
85-4 subchapter;
85-5 (C) the percentage of tax credits that were
85-6 awarded to corporations with fewer than 100 employees; and
85-7 (D) the two-digit standard industrial
85-8 classification of corporations claiming a credit under this
85-9 subchapter;
85-10 (3) the geographical distribution of qualifying
85-11 expenditures giving rise to a credit authorized by this subchapter;
85-12 (4) the impact of the credit authorized by this
85-13 subchapter on promoting economic development in this state; and
85-14 (5) the impact of the credit authorized by this
85-15 chapter on state tax revenues.
85-16 (b) The final report issued before the expiration of this
85-17 subchapter must include historical information on the credit
85-18 authorized by this subchapter.
85-19 (c) The comptroller may not include in the report
85-20 information that is confidential by law.
85-21 (d) For purposes of this section, the comptroller may
85-22 require a corporation that claims a credit under this subchapter to
85-23 submit:
85-24 (1) information, on a form provided by the
85-25 comptroller, on the location of the corporation's qualifying
85-26 expenditures; and
85-27 (2) any other information the comptroller considers
86-1 necessary.
86-2 SECTION 74. Subchapter D, Chapter 56, Utilities Code, is
86-3 amended by adding Section 56.113 to read as follows:
86-4 Sec. 56.113. ADVISORY COMMITTEE COMPENSATION AND EXPENSES. A
86-5 member of the advisory committee serves without compensation but is
86-6 entitled to reimbursement at rates established for state employees
86-7 for travel and per diem incurred in the performance of the member's
86-8 official duties.
86-9 SECTION 75. The following laws are repealed:
86-10 (1) Article 2.45, Texas Business Corporation Act;
86-11 (2) Section 403.055(h), Government Code, as added by
86-12 Chapter 583, Acts of the 76th Legislature, Regular Session, 1999;
86-13 (3) Sections 659.062 and 659.063, Government Code;
86-14 (4) Section 2251.002(c), Government Code;
86-15 (5) Section 48(e), Chapter 268, Acts of the 73rd
86-16 Legislature, Regular Session, 1993; and
86-17 (6) Section 2(b), Chapter 57, Acts of the 70th
86-18 Legislature, 2nd Called Session, 1987.
86-19 SECTION 76. (a) The energy management center established
86-20 under Chapter 447, Government Code, as it existed immediately
86-21 before the effective date of Section 18 of this Act, is
86-22 consolidated into the state energy conservation office established
86-23 under Chapter 2305, Government Code.
86-24 (b) All functions and activities performed by the General
86-25 Services Commission that relate to energy conservation under
86-26 Chapter 447 or 2305, Government Code, are transferred to the
86-27 comptroller.
87-1 (c) All employees of the General Services Commission who
87-2 primarily perform duties related to energy conservation under
87-3 Chapter 447 or 2305, Government Code, are employees of the
87-4 comptroller.
87-5 (d) Any rule, standard, or form adopted by the General
87-6 Services Commission that relates to energy conservation under
87-7 Chapter 447 or 2305, Government Code, is a rule, standard, or form
87-8 of the comptroller and remains in effect until altered by the
87-9 comptroller.
87-10 (e) A reference to the General Services Commission in a
87-11 statute or rule that relates to energy conservation under Chapter
87-12 447 or 2305, Government Code, means the comptroller.
87-13 (f) Any proceeding involving the General Services Commission
87-14 that is related to energy conservation under Chapter 447 or 2305,
87-15 Government Code, is transferred without change in status to the
87-16 comptroller. The comptroller assumes without change in status the
87-17 position of the General Services Commission in any proceeding
87-18 relating to energy conservation to which the General Services
87-19 Commission is a party.
87-20 (g) All money, contracts, leases, rights, and obligations of
87-21 the General Services Commission related to energy conservation
87-22 under Chapter 447 or 2305, Government Code, are transferred to the
87-23 comptroller.
87-24 (h) All property, including records, in the custody of the
87-25 General Services Commission related to energy conservation under
87-26 Chapter 447 or 2305, Government Code, is transferred to the
87-27 comptroller.
88-1 (i) All funds appropriated to the General Services
88-2 Commission for purposes related to energy conservation under
88-3 Chapter 447 or 2305, Government Code, are transferred to the
88-4 comptroller.
88-5 SECTION 77. (a) The changes in law made by Sections 20, 21,
88-6 24, and 75(3), (5), and (6) of this Act apply only to longevity pay
88-7 or hazardous duty pay that is earned on or after September 1, 2001.
88-8 Longevity pay or hazardous duty pay that is earned before that date
88-9 is governed by the law in effect on the date the pay is earned, and
88-10 the prior law is continued in effect for that purpose.
88-11 (b) To the extent of conflict and regardless of their
88-12 relative dates of enactment, the changes in law made by another
88-13 bill enacted by the 77th Legislature, Regular Session, to Section
88-14 659.044(a), Government Code, prevail over the changes made to
88-15 Section 659.044, Government Code, by Section 20 of this Act.
88-16 (c) The changes in law made by Section 23 of this Act apply
88-17 only to a temporary assignment that takes effect on or after
88-18 September 1, 2001. A temporary assignment that takes effect before
88-19 that date is governed by the law in effect on the date the
88-20 temporary assignment takes effect, and the prior law is continued
88-21 in effect for that purpose.
88-22 (d) To the extent of conflict and regardless of their
88-23 relative dates of enactment, the changes made to the hazardous duty
88-24 pay rate by H.B. No. 657, H.B. No. 2427, S.B. No. 435, or another
88-25 bill enacted by the 77th Legislature, Regular Session, prevail over
88-26 Subchapter L, Chapter 659, Government Code, as added by Section 24
88-27 of this Act. In this subsection, "hazardous duty pay rate" means:
89-1 (1) the amount of hazardous duty pay paid each month
89-2 to a state employee, if that amount specifically is expressed in
89-3 terms of dollars or fractions of a dollar, or both; or
89-4 (2) the monthly amount of hazardous duty pay paid to a
89-5 state employee for each year of service in a position that requires
89-6 performance of hazardous duty, if that amount specifically is
89-7 expressed in terms of dollars or fractions of a dollar, or both.
89-8 (e) To the extent of conflict with Section 659.302(a)(2),
89-9 Government Code, as added by Section 24 of this Act, a change in
89-10 law made by any other bill enacted by the 77th Legislature, Regular
89-11 Session, does not take effect. This subsection applies regardless
89-12 of the relative dates of enactment of this Act and the change in
89-13 law made by the other bill. For purposes of this subsection, the
89-14 existence of a conflict is determined without regard to the
89-15 relative effective dates of Section 659.302(a)(2), Government Code,
89-16 and the change in law made by the other bill.
89-17 (f) The changes to Section 660.203, Government Code, made by
89-18 Section 25 of this Act apply only to a meal or lodging expense
89-19 incurred on or after September 1, 2001. A meal or lodging expense
89-20 incurred before that date is governed by the law in effect on the
89-21 date the meal or lodging expense is incurred, and the prior law is
89-22 continued in effect for that purpose.
89-23 SECTION 78. (a) The changes in law made by Sections 49 and
89-24 51 of this Act apply only to a payment that becomes overdue under
89-25 Chapter 2251, Government Code, on or after the effective date of
89-26 those sections. A payment that becomes overdue under Chapter 2251,
89-27 Government Code, before that date is governed by Sections 2251.021
90-1 and 2251.025, Government Code, as they exist on the date the
90-2 payment becomes overdue, and the prior law is continued in effect
90-3 for that purpose.
90-4 (b) The changes in law made by Section 52 of this Act apply
90-5 only to a payment whose distribution date is at least one day after
90-6 the effective date of those changes. A payment whose distribution
90-7 date is on or before the effective date of those changes is
90-8 governed by the law in effect on the date the payment becomes
90-9 overdue under Chapter 2251, Government Code, and the prior law is
90-10 continued in effect for that purpose.
90-11 (c) The changes in law made by Section 53 of this Act apply
90-12 only to a payment whose distribution date is at least one day after
90-13 the effective date of those changes. A payment whose distribution
90-14 date is on or before the effective date of those changes is
90-15 governed by the law in effect on the date the payment becomes
90-16 overdue under Chapter 2251, Government Code, and the prior law is
90-17 continued in effect for that purpose.
90-18 (d) In this section, "payment" and "distribution date" have
90-19 the meanings assigned by Section 2251.001, Government Code, as
90-20 amended by Section 46 of this Act.
90-21 SECTION 79. (a) Except as provided by Subsections (b)-(g)
90-22 of this section:
90-23 (1) this Act takes effect immediately if it receives a
90-24 vote of two-thirds of all the members elected to each house, as
90-25 provided by Section 39, Article III, Texas Constitution; and
90-26 (2) if this Act does not receive the vote necessary
90-27 for immediate effect, this Act takes effect on the 91st day after
91-1 the last day of the legislative session.
91-2 (b) This subsection and Section 2 of this Act take effect on
91-3 the date the Uniform Electronic Transactions Act takes effect, if
91-4 that Act is codified in Chapter 43, Business & Commerce Code, and
91-5 becomes law under S.B. No. 393, H.B. No. 1201, or another bill
91-6 enacted by the 77th Legislature, Regular Session. This subsection
91-7 and Section 2 of this Act do not take effect if the Uniform
91-8 Electronic Transactions Act is not codified or does not become law
91-9 as described in this subsection.
91-10 (c) This subsection and Sections 3, 6, 7, 12(b), 13, 19-29,
91-11 32-39, 41, 44, 62, 70, 71, 74, 75(3), (5), and (6), and 77(a)-(d)
91-12 and (f) of this Act take effect September 1, 2001.
91-13 (d) This subsection and Section 71 of this Act take effect
91-14 October 1, 2001.
91-15 (e) This subsection and Sections 63-69 of this Act take
91-16 effect January 1, 2002.
91-17 (f) The changes in law made by Section 53(a) of this Act
91-18 take effect according to Section 53(b) of this Act.
91-19 (g) Section 78(c) of this Act takes effect on the date the
91-20 changes in law made by Section 53(a) of this Act take effect.