1-1 AN ACT
1-2 relating to state fiscal matters; making an appropriation.
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
1-16 (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 or the Texas State Library and Archives Commission under
2-5 this chapter that generally applies to one or more state agencies
2-6 using electronic records or electronic signatures is considered to
2-7 be a recommendation to the comptroller concerning the electronic
2-8 records or electronic signatures used by the comptroller. The
2-9 comptroller may adopt or decline to adopt the 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 51.0031(d), Education Code, is amended to
2-19 read as follows:
2-20 (d) As used in this section, "prudent person standard" is
2-21 the standard of care described in Article VII, Section 11b, of the
2-22 Texas Constitution, and means that standard of judgment and care
2-23 that prudent investors, exercising reasonable care, skill, and
2-24 caution, would acquire or retain in light of the purposes, terms,
2-25 distribution requirements, and other circumstances of the fund then
2-26 prevailing, taking into consideration the investment of all the
2-27 assets of the fund rather than a single investment [ persons of
3-1 ordinary prudence, discretion, and intelligence exercise in the
3-2 management of their affairs in regard to the investments of their
3-3 funds considering probable income as well as probable safety of
3-4 their capital].
3-5 SECTION 5. Section 57.48, Education Code, is amended by
3-6 amending Subsections (c), (d), (i), and (j) and adding Subsection
3-7 (k) to read as follows:
3-8 (c) Except as provided by this section, the [ The]
3-9 comptroller may not issue a warrant or initiate an electronic funds
3-10 transfer to the assignee of a person who has been reported properly
3-11 under Subsection (a) if the assignment became effective after the
3-12 person defaulted.
3-13 (d) If this section prohibits the comptroller from issuing a
3-14 warrant or initiating an electronic funds transfer to a person, the
3-15 comptroller may [ not] issue a warrant or initiate an electronic
3-16 funds transfer only as provided by this section to:
3-17 (1) the person's estate;
3-18 (2) the distributees of the person's estate; or
3-19 (3) the person's surviving spouse.
3-20 (i) This section does not prohibit the comptroller from
3-21 issuing a warrant or initiating an electronic funds transfer to a
3-22 person reported properly under Subsection (a) or to the person's
3-23 assignee, the person's estate, the distributees of the person's
3-24 estate, or the person's surviving spouse if the corporation
3-25 consents to issuance of the warrant or initiation of the transfer.
3-26 (j) The comptroller may adopt rules and establish procedures
3-27 to administer this section.
4-1 (k) [ (j)] In this section:
4-2 (1) "Compensation" means base salary or wages,
4-3 longevity pay, hazardous duty pay, benefit replacement pay, or an
4-4 emolument provided in lieu of base salary or wages.
4-5 (2) "State agency" means a board, commission, council,
4-6 committee, department, office, agency, or other governmental entity
4-7 in the executive, legislative, or judicial branch of state
4-8 government. The term includes an institution of higher education
4-9 as defined by Section 61.003, other than a public junior or
4-10 community college.
4-11 (3) "State officer or employee" means an officer or
4-12 employee of a state agency.
4-13 SECTION 6. Sections 231.007(i) and (j), Family Code, are
4-14 amended to read as follows:
4-15 (i) [ Notwithstanding] Section 403.055(d) [ 403.055],
4-16 Government Code, does not authorize the comptroller to [ may not]
4-17 issue a warrant or initiate an electronic funds transfer to pay[ :]
4-18 [ (1)] the compensation or remuneration of an
4-19 individual [ of a state officer or employee] who is indebted to the
4-20 state under Subsection (a)[ ; or]
4-21 [ (2) the remuneration of an individual who is being
4-22 paid by a private person through a state agency, if the individual
4-23 is indebted to the state under Subsection (a)].
4-24 (j) [ Notwithstanding] Section 2107.008(h) [ 2107.008],
4-25 Government Code, does not authorize a state agency to [ may not] pay
4-26 the[ :]
4-27 [ (1)] compensation or remuneration of an individual
5-1 [ to a state officer or employee] who is indebted to the state under
5-2 Subsection (a)[ ; or]
5-3 [ (2) remuneration to an individual who is being paid
5-4 by a private person through the agency if the individual is
5-5 indebted to the state under Subsection (a)].
5-6 SECTION 7. Section 15.407, Finance Code, is amended to read
5-7 as follows:
5-8 Sec. 15.407. OFFICIAL COMMITTEES. The chairman may appoint
5-9 individuals who are not commission members to serve on official
5-10 committees that are charged with evaluating industry methods or
5-11 problems and presenting formal recommendations to the commission
5-12 for possible action. The individuals appointed are entitled to
5-13 reimbursement for reasonable and necessary expenses incidental to
5-14 travel incurred in connection with the performance of official
5-16 SECTION 8. Subchapter C, Chapter 311, Government Code, is
5-17 amended by adding Section 311.034 to read as follows:
5-18 Sec. 311.034. WAIVER OF SOVEREIGN IMMUNITY. In order to
5-19 preserve the legislature's interest in managing state fiscal
5-20 matters through the appropriations process, a statute shall not be
5-21 construed as a waiver of sovereign immunity unless the waiver is
5-22 effected by clear and unambiguous language. In a statute, the use
5-23 of "person," as defined by Section 311.005 to include governmental
5-24 entities, does not indicate legislative intent to waive sovereign
5-25 immunity unless the context of the statute indicates no other
5-26 reasonable construction.
5-27 SECTION 9. Section 403.013(b), Government Code, is amended to
6-1 read as follows:
6-2 (b) On the first Monday of November of each year, and at
6-3 other times the governor requires, the comptroller shall exhibit to
6-4 the governor, in addition to the reports required by the
6-5 constitution, an exact and complete statement showing:
6-6 (1) the funds and revenues of the state; and
6-7 (2) public expenditures during the preceding year or
6-8 during another period required by the governor[ ; and]
6-9 [ (3) a detailed estimate of the expenditures to be
6-10 paid from the treasury during the next year, including a statement
6-12 [ (A) the object of the expenditures;]
6-13 [ (B) which expenditures are provided for by
6-14 general or special appropriation and which are required to be
6-15 provided for by law; and]
6-16 [ (C) the means from which the expenditures are
6-17 to be defrayed].
6-18 SECTION 10. Section 403.013, Government Code, is amended by
6-19 adding Subsection (f) to read as follows:
6-20 (f) The Texas growth fund and Texas growth fund II, created
6-21 as provided by Section 70, Article XVI, Texas Constitution, shall
6-22 provide the financial information listed in Subchapter B, Chapter
6-23 2101, to the comptroller once each year, not later than the date
6-24 established by the comptroller.
6-25 SECTION 11. Section 403.027, Government Code, is reenacted
6-26 and amended to read as follows:
6-27 Sec. 403.027. DIGITAL SIGNATURES. (a) The comptroller may
7-1 establish a procedure for a person to use [ provide] a digital
7-2 signature to authenticate a [ for any] document, a communication, or
7-3 data submitted to the comptroller if:
7-4 (1) the comptroller determines the procedure will
7-5 provide a degree of security and authenticity at least equal to
7-6 that provided by a manual signature; and
7-7 (2) the digital signature:
7-8 (A) is unique to the person using it;
7-9 (B) is capable of independent verification;
7-10 (C) is under the sole control of the person
7-11 using it; and
7-12 (D) is transmitted in a manner that makes it
7-13 infeasible to change the signature, document, communication, or
7-14 data without invalidating the signature.
7-15 (b) A digital signature provided according to a procedure
7-16 established under Subsection (a) [ this section] has the same legal
7-17 force and effect for all purposes as a manual signature.
7-18 (c) The electronic approval of a voucher is governed by:
7-19 (1) this [ This] section [ does not apply to the
7-20 electronic submission] and [ approval of vouchers under] Chapter
7-21 2103 if the comptroller has established a procedure for the person
7-22 approving the voucher to provide a digital signature concerning the
7-23 voucher; or
7-24 (2) Chapter 2103 if the comptroller has not
7-25 established the procedure.
7-26 (d) This section prevails over Chapter 2103 to the extent of
7-27 conflict if both this section and that chapter apply under
8-1 Subsection (c)(1).
8-2 (e) Except as provided by this subsection, Section 2054.060
8-3 applies to a digital signature used to authenticate any document,
8-4 communication, or data submitted to the comptroller if the
8-5 comptroller has not established a procedure under Subsection (a)
8-6 concerning the signature. Section 2054.060 does not apply to the
8-7 electronic approval of a voucher under Chapter 2103.
8-8 (f) The use of a digital signature under this section is
8-9 subject to criminal laws pertaining to fraud and computer crimes,
8-10 including Chapters 32 and 33, Penal Code.
8-11 (g) In this section, "digital signature" has the meaning
8-12 assigned by Section 2.108(d), Business & Commerce Code.
8-13 SECTION 12. Subchapter B, Chapter 403, Government Code, is
8-14 amended by adding Section 403.0301 to read as follows:
8-15 Sec. 403.0301. INTELLECTUAL PROPERTY. (a) The comptroller
8-17 (1) apply for, register, secure, hold, and protect
8-18 under the laws of the United States or any state or nation:
8-19 (A) a patent for the invention, discovery, or
8-20 improvement of any process, machine, manufacture, or composition of
8-22 (B) a copyright for an original work of
8-23 authorship fixed in any tangible medium of expression, known or
8-24 later developed, from which it can be perceived, reproduced, or
8-25 otherwise communicated, either directly or with the aid of a
8-26 machine or device;
8-27 (C) a trademark, service mark, collective mark,
9-1 or certification mark for a word, name, symbol, device, or slogan
9-2 that the comptroller uses to identify and distinguish the
9-3 comptroller's goods and services from other goods and services; or
9-4 (D) other evidence of protection or exclusivity
9-5 issued for intellectual property;
9-6 (2) contract with a person for the sale, lease,
9-7 marketing, or other distribution of the comptroller's intellectual
9-9 (3) obtain under a contract described in Subdivision
9-10 (2) a royalty, license right, or other appropriate means of
9-11 securing reasonable compensation for the development or purchase of
9-12 the comptroller's intellectual property; and
9-13 (4) waive or reduce the amount of compensation secured
9-14 by contract under Subdivision (3) if the comptroller determines
9-15 that the waiver or reduction will:
9-16 (A) further a goal or mission of the
9-17 comptroller; and
9-18 (B) result in a net benefit to the state.
9-19 (b) Intellectual property is excepted from required
9-20 disclosure under Chapter 552:
9-21 (1) beginning on the date the comptroller decides to
9-22 seek a patent, trademark, service mark, collective mark,
9-23 certification mark, or other evidence of protection of exclusivity
9-24 concerning the property; and
9-25 (2) ending on the date the comptroller receives a
9-26 decision about the comptroller's application for a patent,
9-27 trademark, service mark, collective mark, certification mark, or
10-1 other evidence of protection of exclusivity concerning the
10-3 (c) Except as provided by Section 2054.115(c), money paid to
10-4 the comptroller under this section shall be deposited to the credit
10-5 of the general revenue fund.
10-6 (d) Notwithstanding any other law of this state, the
10-7 comptroller may award to an employee of the comptroller who
10-8 conceives, creates, discovers, invents, or develops intellectual
10-9 property an appropriate amount of equity interest or participation
10-10 in the research, development, licensing, or exploitation of that
10-12 (e) The comptroller shall establish intellectual property
10-13 policies for the comptroller's office that include minimum
10-14 standards for:
10-15 (1) the public disclosure or availability of products,
10-16 technology, and scientific information, including inventions,
10-17 discoveries, trade secrets, and computer software;
10-18 (2) review by the comptroller's office of products,
10-19 technology, and scientific information, including consideration of
10-20 ownership and appropriate legal protection;
10-21 (3) the licensing of products, technology, and
10-22 scientific information;
10-23 (4) the identification of ownership and licensing
10-24 responsibilities for each class of intellectual property; and
10-25 (5) royalty participation by inventors and the
10-26 comptroller's office.
10-27 SECTION 13. Section 403.055, Government Code, is amended by
11-1 amending Subsections (b), (c), and (k) and adding Subsection (l) to
11-2 read as follows:
11-3 (b) Except as provided by this section, the [ The]
11-4 comptroller may not issue a warrant or initiate an electronic funds
11-5 transfer to the assignee of a person who has been reported properly
11-6 under Subsection (f) if the assignment became effective after the
11-7 person became indebted to the state or incurred a tax delinquency.
11-8 (c) If [ When] this section prohibits the comptroller from
11-9 issuing a warrant or initiating an electronic funds transfer to a
11-10 person, the comptroller may [ not] issue a warrant or initiate an
11-11 electronic funds transfer only as provided by this section to:
11-12 (1) the person's estate;
11-13 (2) the distributees of the person's estate; or
11-14 (3) the person's surviving spouse.
11-15 (k) This section does not prohibit the comptroller from
11-16 issuing a warrant or initiating an electronic funds transfer to a
11-17 person, the person's assignee, the person's estate, the
11-18 distributees of the person's estate, or the person's surviving
11-19 spouse if each state agency that properly reported the person under
11-20 Subsection (f) consents to issuance of the warrant or initiation of
11-21 the transfer.
11-22 (l) In this section:
11-23 (1) "Compensation" means base salary or wages,
11-24 longevity pay, hazardous duty pay, benefit replacement pay, or an
11-25 emolument provided in lieu of base salary or wages.
11-26 (2) "State agency" means a board, commission, council,
11-27 committee, department, office, agency, or other governmental entity
12-1 in the executive, legislative, or judicial branch of state
12-2 government. The term includes an institution of higher education
12-3 as defined by Section 61.003, Education Code, other than a public
12-4 junior or community college.
12-5 (3) "State officer or employee" means an officer or
12-6 employee of a state agency.
12-7 (4) "Tax delinquency" means a delinquency in payment
12-9 (A) a tax to the state; or
12-10 (B) a tax that the comptroller administers or
12-12 SECTION 14. (a) Section 403.0552(b), Government Code, is
12-13 amended to read as follows:
12-14 (b) Except as provided by this subsection, the [ The]
12-15 comptroller may prepare a warrant to make a payment that Section
12-16 57.48, Education Code, Section 231.007, Family Code, or Section
12-17 403.055 prohibits the comptroller from initiating by electronic
12-18 funds transfer. The comptroller shall prepare the warrant if the
12-19 payment is overdue under Section 2251.021.
12-20 (b) Section 403.0552(c), Government Code, is amended to read
12-21 as follows:
12-22 (c) If the comptroller prepares a warrant under Subsection
12-23 (a) or (b), the comptroller shall:
12-24 (1) make the warrant payable to the person to whom the
12-25 warrant may not be issued or an electronic funds transfer may not
12-26 be initiated; and
12-27 (2) retain the warrant until the earliest of:
13-1 (A) the first day the warrant may no longer be
13-2 paid by the comptroller under Section 404.046 or other applicable
13-4 (B) the date the comptroller deducts the amount
13-5 of the person's indebtedness to the state or tax delinquency from
13-6 the amount of the warrant under Section 403.0551[ , Chapter 666,] or
13-7 other applicable law; [ or]
13-8 (C) the date the comptroller recovers the amount
13-9 of the person's indebtedness to the state under Chapter 666; or
13-10 (D) the first day the comptroller is no longer
13-11 prohibited from issuing the warrant or initiating an electronic
13-12 funds transfer to that person.
13-13 SECTION 15. Section 403.0915, Government Code, is amended to
13-14 read as follows:
13-15 Sec. 403.0915. DORMANT FUND OR ACCOUNT. At any time the
13-16 comptroller, with notification to the state auditor, may transfer
13-17 to the general revenue fund a balance in a dormant fund or account
13-18 if the source of the fund or account is unknown or the purpose for
13-19 which it was collected is moot. The legislature at any time after
13-20 the transfer may appropriate the balance as a refund if the source
13-21 and purpose of the fund or account become known and active. [ The
13-22 comptroller shall report any dormant funds or accounts to the Funds
13-23 Review Advisory Committee.]
13-24 SECTION 16. Section 403.273, Government Code, is amended to
13-25 read as follows:
13-26 Sec. 403.273. Property Manager; Property Inventory. (a) The
13-27 head of each state agency is responsible for the custody and care
14-1 of [ state] property in the agency's possession.
14-2 (b) The head of each state agency shall designate a property
14-3 manager and inform the comptroller of the designation. Subject to
14-4 comptroller approval, more than one property manager may be
14-5 designated [ appointed by the agency head].
14-6 (c) The property manager of a state agency shall maintain
14-7 the records required and be the custodian of all property possessed
14-8 by the agency.
14-9 (d) [ (e)] When a state [ an] agency's property is entrusted
14-10 to a person other than the agency's property manager, [ the property
14-11 manager shall require a written receipt from] the person to whom
14-12 [ receiving custody of] the property is entrusted shall provide a
14-13 written receipt to the manager. A state [ When the property of one]
14-14 agency may lend its property [ is lent] to another state agency only
14-15 if[ ,] the head of the agency lending the property provides written
14-16 authorization for the lending. The [ must be authorized in writing
14-17 by the head of the agency that is lending the property. A written
14-18 receipt must be executed by the] head of the agency to which [ that
14-19 is receiving] the property is lent must execute a written receipt.
14-20 (e) A [ (f) On the date prescribed by the comptroller, a]
14-21 state agency shall conduct an annual [ make a complete] physical
14-22 inventory of all property in its possession. The comptroller may
14-23 specify the date on which the inventory must be conducted
14-24 [ completed once each year].
14-25 (f) Not later than [ (g) Within 45 days after] the
14-26 [ inventory] date prescribed by the comptroller, the head of a
14-27 [ each] state agency shall submit [ forward] to the comptroller:
15-1 (1) a signed statement describing the methods [ method]
15-2 used to conduct [ verify] the agency's annual physical inventory
15-3 under Subsection (e);
15-4 (2) [ and] a copy of the results of the inventory; and
15-5 (3) any other information concerning the inventory
15-6 that the comptroller requires.
15-7 (g) At all times, the [ (h) The] property records of a
15-8 [ prepared by each] state agency must accurately reflect the
15-9 property [ currently] possessed by the agency. [ The agency must use
15-10 the methods prescribed by the comptroller to delete property from
15-11 the agency's property records.] Property [ that has become surplus
15-12 or obsolete and no longer serviceable] may be deleted from the
15-13 agency's records only in accordance with rules adopted [ upon
15-14 authorization] by the comptroller[ . Property that is missing or
15-15 that is disposed of directly by the agency shall be deleted from
15-16 the comptroller's records on approval by the state auditor].
15-17 (h) The state auditor shall periodically examine property
15-18 records or inventory as necessary to determine if controls are
15-19 adequate to safeguard state property.
15-20 SECTION 17. Section 403.274, Government Code, is amended to
15-21 read as follows:
15-22 Sec. 403.274. CHANGE OF AGENCY HEAD OR PROPERTY MANAGER.
15-23 When the head or property manager of a state [ an] agency changes,
15-24 the outgoing [ new] head of the agency or property manager [ of the
15-25 agency] shall complete the form required by the comptroller about
15-26 property in the agency's possession. The outgoing head of the
15-27 agency or property manager shall deliver the form to the incoming
16-1 [ execute a receipt for all agency property accounted for to the
16-2 outgoing agency] head of the agency or property manager. After
16-3 verifying the information on and signing the form, the incoming
16-4 head of the agency or property manager shall submit a [ A] copy of
16-5 the form [ receipt shall be delivered] to the comptroller[ , the
16-6 state auditor, and the outgoing agency head or property manager].
16-7 SECTION 18. Section 403.276, Government Code, is amended to
16-8 read as follows:
16-9 Sec. 403.276. REPORTING TO COMPTROLLER [ STATE AUDITOR] AND
16-10 ATTORNEY GENERAL. (a) If the [ a] head or property manager of a
16-11 state [ an] agency has reasonable cause to believe that any [ state]
16-12 property in the agency's possession has been lost, destroyed, or
16-13 damaged through the negligence [ or fault] of any state official or
16-14 employee, the head of the agency or property manager [ head
16-15 responsible] shall [ immediately] report the loss, destruction, or
16-16 damage to the comptroller [ state auditor] and [ to] the attorney
16-17 general not later than the date established by the comptroller. If
16-18 the head or property manager of a state agency has reasonable cause
16-19 to believe that any property in the agency's possession has been
16-20 stolen, the head of the agency or property manager shall report the
16-21 theft to the comptroller, the attorney general, and the appropriate
16-22 law enforcement agency not later than the date established by the
16-24 (b) The attorney general may [ shall] investigate a report
16-25 received under Subsection (a) [ of loss, destruction, or damage to
16-26 state property].
16-27 (c) If an [ the] investigation by the attorney general under
17-1 Subsection (b) reveals [ discloses] that a property loss has been
17-2 sustained [ by the state] through the negligence [ fault] of a state
17-3 official or employee, the attorney general shall make written
17-4 demand on the [ state] official or employee for reimbursement of [ to
17-5 the state for] the loss [ sustained].
17-6 (d) If the demand made by the attorney general under
17-7 Subsection (c) [ for reimbursement for property loss, destruction,
17-8 or damage] is refused or disregarded [ by the state official or
17-9 employee on whom such demand is made], the attorney general may
17-10 take legal action to recover the value of the [ state] property as
17-11 the attorney general deems necessary.
17-12 (e) Venue for all suits instituted under this section
17-13 against a state official or employee is in a court of appropriate
17-14 jurisdiction of Travis County.
17-15 SECTION 19. Chapter 403, Government Code, is amended by
17-16 adding Subchapter P to read as follows:
17-17 SUBCHAPTER P. PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATORS
17-18 Sec. 403.401. DEFINITIONS. In this subchapter:
17-19 (1) "Board" means the Product Development and Small
17-20 Business Incubator Board.
17-21 (2) "Comptroller" includes the designee of the
17-23 (3) "Financing" means a loan, loan guarantee, or
17-24 equity investment from the product fund to a person for use in the
17-25 development and production of a product in this state, or a grant,
17-26 loan, or loan guarantee from the small business fund to a person
17-27 for use in the development of a small business in this state.
18-1 (4) "Office" means the office of the comptroller.
18-2 (5) "Product" includes an invention, device,
18-3 technique, or process, without regard to whether a patent has been
18-4 or could be granted, that has advanced beyond the theoretical stage
18-5 and has or is readily capable of having a commercial application.
18-6 The term does not include pure research.
18-7 (6) "Product fund" means the Texas product development
18-9 (7) "Program" means the product development program or
18-10 the small business incubator program.
18-11 (8) "Small business fund" means the Texas small
18-12 business incubator fund.
18-13 Sec. 403.402. PRODUCT DEVELOPMENT AND SMALL BUSINESS
18-14 INCUBATOR BOARD. (a) The Product Development and Small Business
18-15 Incubator Board is created in the office.
18-16 (b) The board shall administer the programs, the product
18-17 fund, and the small business fund.
18-18 Sec. 403.403. MEMBERS OF THE BOARD; APPOINTMENT; TERMS OF
18-19 OFFICE. (a) The board consists of the comptroller and eight
18-20 persons appointed by the governor.
18-21 (b) In appointing members of the board, the governor shall
18-23 (1) two persons having significant business leadership
18-24 experience in technology, particularly experience with the transfer
18-25 of research results into commercial applications;
18-26 (2) two persons employed by institutions of higher
18-27 education of this state who have experience in technological
19-1 research and its commercial applications;
19-2 (3) two persons experienced and knowledgeable in
19-3 structuring and providing financing for technological products or
19-4 businesses; and
19-5 (4) two persons who reside in a county of this state
19-6 with above state average unemployment and below state average per
19-7 capita income and who have experience and knowledge in
19-8 technology-related business growth.
19-9 (c) Appointed members of the board serve two-year staggered
19-10 terms with the terms of four members expiring February 1 of each
19-11 odd-numbered year and the terms of four members expiring February 1
19-12 of each even-numbered year.
19-13 (d) The comptroller is the presiding officer of the board.
19-14 (e) The board shall appoint a secretary of the board whose
19-15 duties may be prescribed by law and by the board.
19-16 (f) Appointed members of the board serve without pay but are
19-17 entitled to reimbursement for their actual expenses incurred in
19-18 attending meetings of the board or in performing other work of the
19-19 board if that work is approved by the comptroller.
19-20 Sec. 403.404. REMOVAL OF BOARD MEMBER. (a) It is a ground
19-21 for removal from the board if an appointed member:
19-22 (1) cannot because of illness or disability discharge
19-23 the member's duties for a substantial part of the term for which
19-24 the member is appointed; or
19-25 (2) is absent from more than half of the regularly
19-26 scheduled board meetings that the member is eligible to attend
19-27 during a calendar year unless the absence is excused by majority
20-1 vote of the board.
20-2 (b) The validity of an action of the board is not affected
20-3 by the fact that the action was taken when a ground for removal of
20-4 a board member existed.
20-5 Sec. 403.405. TRAINING OF BOARD MEMBERS. (a) Before an
20-6 appointed member of the board may assume the member's duties, the
20-7 member must complete at least one course of the training program
20-8 established under this section.
20-9 (b) A training program established under this section shall
20-10 provide information to the member regarding:
20-11 (1) the enabling legislation that created the board;
20-12 (2) the programs operated by the board;
20-13 (3) the role and functions of the board;
20-14 (4) the rules of the board, with an emphasis on the
20-15 rules that relate to disciplinary and investigatory authority;
20-16 (5) the current budget for the board;
20-17 (6) the results of the most recent formal audit of the
20-19 (7) the requirements of the:
20-20 (A) open meetings law, Chapter 551;
20-21 (B) open records law, Chapter 552; and
20-22 (C) administrative procedure law, Chapter 2001;
20-23 (8) the requirements of the conflict of interest laws
20-24 and other laws relating to public officials; and
20-25 (9) any applicable ethics policies adopted by the
20-26 board or the Texas Ethics Commission.
20-27 Sec. 403.406. MEETINGS. (a) The board shall hold regular
21-1 meetings in Austin and other meetings at places and times scheduled
21-2 by the board in formal sessions and called by the comptroller.
21-3 (b) The board shall develop and implement policies that
21-4 provide the public with a reasonable opportunity to appear before
21-5 the board and to speak on any issue under the jurisdiction of the
21-7 (c) The board shall make minutes of all meetings available
21-8 in the board's office for public inspection.
21-9 Sec. 403.407. APPLICABILITY OF OPEN MEETINGS LAW AND
21-10 ADMINISTRATIVE PROCEDURE LAW. The board is subject to the open
21-11 meetings law, Chapter 551, and the administrative procedure law,
21-12 Chapter 2001.
21-13 Sec. 403.408. STAFF. (a) The employees of the comptroller
21-14 selected by the comptroller for that purpose serve as the staff of
21-15 the board.
21-16 (b) The comptroller shall select and supervise the staff of
21-17 the board and perform other duties delegated to the comptroller by
21-18 the board.
21-19 (c) The comptroller shall provide to members of the board
21-20 and to board staff, as often as necessary, information regarding
21-21 their qualifications for office or employment under this subchapter
21-22 and their responsibilities under applicable laws relating to
21-23 standards of conduct for state officers or employees.
21-24 (d) The board shall develop and implement policies that
21-25 clearly separate the policy-making responsibilities of the board
21-26 and the management responsibilities of the comptroller and the
22-1 Sec. 403.409. PROGRAM AND FACILITY ACCESSIBILITY. (a) The
22-2 board shall comply with federal and state laws related to program
22-3 and facility accessibility.
22-4 (b) The board shall prepare and maintain a written plan that
22-5 describes how a person who does not speak English can be provided
22-6 reasonable access to the board's programs and services.
22-7 Sec. 403.410. POWERS OF THE BOARD; BONDS. (a) The board has
22-8 the powers necessary and reasonable to carry out this subchapter
22-9 and may adopt rules, policies, and procedures necessary or
22-10 reasonable to implement this subchapter.
22-11 (b) The board may issue general obligation bonds, up to the
22-12 amounts authorized and as provided by Section 71, Article XVI,
22-13 Texas Constitution, to fund the program.
22-14 (c) Not more than an amount equal to five percent of the
22-15 total amount of bonds issued may be used to pay administrative fees
22-16 involved in selling the bonds.
22-17 Sec. 403.411. TEXAS PRODUCT DEVELOPMENT FUND. (a) The Texas
22-18 product development fund is a revolving fund in the state treasury.
22-19 (b) The product fund is composed of proceeds of bonds issued
22-20 under this subchapter, financing application fees, loan repayments,
22-21 guarantee fees, royalty receipts, dividend income, money
22-22 appropriated by the legislature for authorized purposes of the
22-23 product fund, amounts received by the state from loans, loan
22-24 guarantees, and equity investments made under this subchapter,
22-25 amounts received by the state from federal grants or other sources,
22-26 and any other amounts received under this subchapter and required
22-27 by resolution of the board to be deposited in the product fund.
23-1 The product fund contains a program account, an interest and
23-2 sinking account, and other accounts that the board authorizes to be
23-3 created and maintained. Money in the product fund is available for
23-4 use by the board under this subchapter. Notwithstanding any other
23-5 provision of this subchapter, any money in the product fund may be
23-6 used for debt service.
23-7 (c) Money in the program account of the product fund, minus
23-8 the costs of issuance of bonds under this subchapter and necessary
23-9 costs of administering the product fund, may be used only to
23-10 provide financing to aid in the development and production,
23-11 including the commercialization, of new or improved products in
23-12 this state. The board shall provide financing from the product
23-13 fund on the terms and conditions that the board determines to be
23-14 reasonable, appropriate, and consistent with the purposes and
23-15 objectives of the product fund and this subchapter, for the purpose
23-16 of aiding in the development and production of new or improved
23-17 products in this state.
23-18 Sec. 403.412. SMALL BUSINESS INCUBATOR FUND. (a) The Texas
23-19 small business incubator fund is a revolving fund in the state
23-21 (b) The small business fund is composed of proceeds of bonds
23-22 issued under this subchapter, financing application fees, loan
23-23 repayments, guarantee fees, royalty receipts, dividend income,
23-24 money appropriated by the legislature for authorized purposes of
23-25 the small business fund, amounts received by the state from loans,
23-26 loan guarantees, and equity investments made under this subchapter,
23-27 amounts received by the state from federal grants or other sources,
24-1 and any other amounts received under this subchapter and required
24-2 by resolution of the board to be deposited in the small business
24-3 fund. The small business fund contains a project account, an
24-4 interest and sinking account, and other accounts that the board
24-5 authorizes to be created and maintained. Money in the small
24-6 business fund is available for use by the board under this
24-7 subchapter. Notwithstanding any other provision of this
24-8 subchapter, any money in the small business fund may be used for
24-9 debt service.
24-10 (c) Money in the project account of the small business fund,
24-11 minus the costs of issuance of bonds under this subchapter and
24-12 necessary costs of administering the small business fund, may be
24-13 used only to provide financing to foster and stimulate the
24-14 development of small businesses in this state. The board shall
24-15 provide financing from the small business fund on the terms and
24-16 conditions that the board determines to be reasonable, appropriate,
24-17 and consistent with the purposes and objectives of the small
24-18 business fund and this subchapter, for the purpose of fostering and
24-19 stimulating the development of new or existing small businesses in
24-20 this state.
24-21 Sec. 403.413. ELIGIBLE PRODUCTS AND BUSINESSES; FINANCING.
24-22 (a) Financing may be made under this subchapter only for a product
24-23 or small business approved by the board.
24-24 (b) In determining eligible products and small businesses,
24-25 the board shall give special preference to products or businesses
24-26 in the areas of biotechnology and biomedicine that have the
24-27 greatest likelihood of commercial success, job creation, and job
25-1 retention in this state. The board shall give further preference
25-2 to providing financing to projects or businesses that are:
25-3 (1) grantees under the small business innovation
25-4 research program established under 15 U.S.C. Section 638, as
25-6 (2) companies formed in this state to commercialize
25-7 research funded at least in part with state funds;
25-8 (3) applicants that have acquired other sources of
25-10 (4) companies formed in this state and receiving
25-11 assistance from designated state small business development
25-12 centers; or
25-13 (5) applicants who are residents of this state doing
25-14 business in this state and performing financed activities
25-15 predominantly in this state.
25-16 (c) The board shall adopt rules governing the terms and
25-17 conditions of the financing, specifically including requirements
25-18 for appropriate security or collateral, equity interest, and the
25-19 rights and remedies of the board and office in the event of a
25-20 default on the loan. The rules must include a requirement that
25-21 applicants report to the board on the use of money distributed
25-22 through either fund.
25-23 (d) Before approving the provision of financing to a person,
25-24 the board shall enter into an agreement with the person under which
25-25 the board will obtain an appropriate portion of royalties, patent
25-26 rights, equitable interests, or a combination of those royalties,
25-27 rights, and interests from or in the product or proceeds of the
26-1 product for which financing is requested. Contracts executed under
26-2 this subchapter must include agreements to ensure proper use of
26-3 funds and the receipt of royalties, patent rights, or equity
26-4 interest, as appropriate.
26-5 (e) The board may appoint an advisory committee of experts
26-6 in the areas of biotechnology and biomedicine to review projects
26-7 and businesses seeking financing from the board.
26-8 (f) The amount of financing provided to a single recipient
26-9 may not exceed 10 percent of the total amount of bonds issued.
26-10 (g) A claim of the state for a payment owed to the state
26-11 under this subchapter by a person who has been provided financing
26-12 has priority over all other claims against the person.
26-13 Sec. 403.414. APPLICATION PROCESS. (a) To apply for
26-14 financing from the board, an applicant shall submit to the board:
26-15 (1) an application for financing on a form prescribed
26-16 by the board; and
26-17 (2) a reasonable application fee set by the board.
26-18 (b) The application must include a business plan, containing
26-19 the information required by the board, including at a minimum:
26-20 (1) information regarding:
26-21 (A) the history and financial condition of the
26-22 applicant, including the applicant's income statement;
26-23 (B) the applicant's present markets and market
26-24 prospects; and
26-25 (C) the integrity of the applicant's management;
26-26 (2) a statement of the feasibility of the product for
26-27 which financing is requested, including the state of development of
27-1 any product to be developed and the proposed schedule of its
27-2 commercialization; and
27-3 (3) if applicable, documentation of attempts to obtain
27-4 private financing.
27-5 (c) The board shall determine, with respect to each
27-6 application for financing, whether:
27-7 (1) the product or business for which financing is
27-8 requested is economically sound;
27-9 (2) there is a reasonable expectation that the product
27-10 or business will be successful;
27-11 (3) the product or business will create or preserve
27-12 jobs and otherwise benefit the economy of the state;
27-13 (4) the applicant has the management resources and
27-14 other funding to complete the project;
27-15 (5) financing is necessary because full financing is
27-16 unavailable in traditional capital markets or credit has been
27-17 offered on terms that would preclude the success of the project;
27-19 (6) there is reasonable assurance that the potential
27-20 revenues to be derived from the sale of the product will be
27-21 sufficient to repay any financing approved by the board.
27-22 (d) After considering the application and all other
27-23 information it considers relevant, the board shall approve or deny
27-24 the application and promptly notify the applicant of its decision.
27-25 Sec. 403.415. INFORMATION CONFIDENTIAL. (a) Information
27-26 described by Subsection (b) collected, assembled, or maintained by
27-27 or for the board is confidential and may not be disclosed by the
28-1 board, the comptroller, or the office.
28-2 (b) This section applies to information in any form provided
28-3 by or on behalf of an applicant for financing or a recipient of
28-4 financing under this subchapter, including information contained
28-5 in, accompanying, or derived from any application or report, that
28-6 relates to a product, to the development, application, manufacture,
28-7 or use of a product, or to the markets, market prospects, or
28-8 marketing of a product, and that is proprietary information of
28-9 actual or potential commercial value to the applicant or recipient
28-10 that has not been disclosed to the public. Confidential
28-11 information includes scientific and technological information,
28-12 including computer programs and software, and marketing and
28-13 business operation information, regardless of whether the product
28-14 to which the information relates is patentable or capable of being
28-15 registered under copyright or trademark laws or has a potential for
28-16 being sold, traded, or licensed for a fee. This section does not
28-17 make confidential information in an account, voucher, or contract
28-18 relating to the receipt or expenditure of public funds by the board
28-19 or the comptroller under this subchapter.
28-20 (c) Any application for financing that is withdrawn by the
28-21 applicant before approval or funding or that is denied by the board
28-22 shall be returned to the applicant promptly on request, together
28-23 with all materials submitted by or on behalf of the applicant that
28-24 relate to the application, except that the board may retain a
28-25 record of the submission and disposition of the application that
28-26 does not include any information described by Subsection (b).
28-27 Sec. 403.416. PROGRAM COORDINATION. The board and office
29-1 shall coordinate the administration and funding of the programs.
29-2 SECTION 20. Section 404.058, Government Code, is amended to
29-3 read as follows:
29-4 Sec. 404.058. Outstanding Warrants. (a) The comptroller
29-5 shall compile information concerning outstanding warrants, which
29-6 must be consistent with the requirements of the uniform statewide
29-7 accounting system.
29-8 (b) The warrant number of an outstanding warrant is excepted
29-9 from the requirements of Section 552.021 if the warrant is issued
29-10 by the comptroller.
29-11 (c) A person who issues a warrant under Section 403.060(a)
29-12 may disclose the warrant number of the warrant to a person other
29-13 than the comptroller only if the comptroller has:
29-14 (1) informed the person that the warrant is not an
29-15 outstanding warrant; or
29-16 (2) authorized or required the disclosure.
29-17 (d) In this section:
29-18 (1) "Outstanding warrant" means any warrant except a
29-19 warrant that:
29-20 (A) has been paid by the comptroller;
29-21 (B) has been canceled; or
29-22 (C) may not be paid by the comptroller because
29-23 it was not presented before the date determined under Section
29-24 404.046 or other applicable law.
29-25 (2) "Warrant number" means the number or other data
29-26 element printed on a warrant that the comptroller uses to
29-27 distinguish it from all other warrants that the comptroller may pay
30-1 during the same period that the comptroller may pay the warrant
30-2 under Section 404.046 or other applicable law.
30-3 SECTION 21. Section 404.101, Government Code, is amended to
30-4 read as follows:
30-5 Sec. 404.101. DEFINITIONS. In this subchapter:
30-6 (1) "Advisory board" means the Texas treasury
30-7 safekeeping trust company investment advisory board.
30-8 (2) "Participant" means the state, agencies and local
30-9 political subdivisions of the state, and nonprofit corporations,
30-10 foundations, and other charitable organizations created on behalf
30-11 of the state or an agency or local political subdivision of the
30-12 state authorized to deposit money and securities with the trust
30-14 (3) "The state and its agencies" includes the
30-15 Employees Retirement System of Texas and the Teacher Retirement
30-16 System of Texas.
30-17 (4) [ (2)] "Trust company" means the Texas Treasury
30-18 Safekeeping Trust Company.
30-19 SECTION 22. Section 404.103, Government Code, is amended by
30-20 amending Subsection (b) and adding Subsections (e), (f), and (g) to
30-21 read as follows:
30-22 (b) The trust company may enter into contracts, [ and] trust
30-23 agreements, or other fiduciary instruments with the comptroller,
30-24 the Federal Reserve System, a depository trust company, and other
30-25 third parties. The trust company shall be liable under those
30-26 contracts in accordance with the terms contained in the contracts.
30-27 Notwithstanding any other statute to the contrary, to the extent
31-1 permitted by the Texas Constitution and the contracts, trust
31-2 agreements, or other fiduciary instruments between the trust
31-3 company, the Federal Reserve System, and a depository trust
31-4 company, the trust company's obligations shall be guaranteed by the
31-5 state, and the state expressly waives all defenses of governmental
31-6 immunity by and on behalf of the trust company, the comptroller,
31-7 and the state and expressly consents to sue and be sued in federal
31-8 court or in any court of competent jurisdiction. However, this
31-9 provision does not alter or affect the immunity accorded to state
31-10 officials and employees under state law. The trust company may
31-11 enter into contracts with the comptroller and the Federal Reserve
31-12 System to provide any services that the Federal Reserve System
31-13 makes available, including:
31-14 (1) safekeeping book-entry United States Treasury and
31-15 agency securities owned by the state and its agencies;
31-16 (2) using the federal reserve wire transfer system to
31-17 transfer money and book-entry securities and to settle securities
31-18 transactions involving book-entry United States Treasury and agency
31-19 securities owned by the state and its agencies;
31-20 (3) collecting, through the Federal Reserve System,
31-21 checks deposited with the treasury;
31-22 (4) receiving payments from and making payments to the
31-23 federal government on behalf of the state and its agencies;
31-24 (5) originating automated clearinghouse transactions
31-25 or other electronic transfers to make payments on behalf of the
31-26 state and its agencies, collecting revenues due the state and its
31-27 agencies, and transferring money between state depositories;
32-1 (6) paying warrants drawn on the treasury and
32-2 presented through the Federal Reserve System for payment; and
32-3 (7) safekeeping collateral pledged to secure deposits
32-4 of public funds.
32-5 (e) The trust company may hire employees and may fix their
32-6 compensation and prescribe their duties or may contract with the
32-7 comptroller's office for staff support.
32-8 (f) The trust company shall develop a fee schedule in the
32-9 amount necessary to recover costs of service and to retain adequate
32-10 reserves to support the operations of the trust company.
32-11 (g) The trust company is exempt from other state laws
32-12 regulating or limiting state purchasing or a purchasing decision if
32-13 the trust company determines that the purchase or decision relates
32-14 to the fiduciary duties of the trust company. The trust company
32-15 shall make all purchases of goods and services using purchasing
32-16 methods that ensure the best value to the trust company and its
32-17 participants. In determining best value, the trust company may
32-18 consider the best value standards applicable to state agencies as
32-19 enumerated in Section 2155.074. The trust company shall develop a
32-20 plan of operation that includes procedures and standards for the
32-21 purchases of goods and services using best value methods.
32-22 SECTION 23. Section 404.104(c), Government Code, is amended
32-23 to read as follows:
32-24 (c) The comptroller shall submit to the Legislative Budget
32-25 Board an audited report regarding the operations of the trust
32-26 company. The trust company may contract with a certified public
32-27 accountant or the state auditor to [ shall] conduct an independent
33-1 audit of the operations of the trust company. This subsection does
33-2 not affect the state auditor's authority to conduct an audit of the
33-3 trust company in accordance with Chapter 321.
33-4 SECTION 24. Section 404.105, Government Code, is amended to
33-5 read as follows:
33-6 Sec. 404.105. CAPITAL OR RESERVE [ REQUIREMENTS]. The trust
33-7 company shall hold [ have] capital stock and [ or] reserve balances
33-8 outside the treasury in an amount required by applicable regulatory
33-9 bodies for eligibility for federal reserve services, for
33-10 participation in a depository trust company, and as necessary to
33-11 achieve its purposes under Section 404.103[ , but the amount may not
33-12 be more than $1 million]. The stock of the trust company is an
33-13 authorized investment for state funds and shall be held by the
33-14 comptroller, but the amount may not be more than $1 million.
33-15 SECTION 25. Section 404.106, Government Code, is amended by
33-16 amending Subsection (a) and adding Subsection (d) to read as
33-18 (a) Any net earnings of the trust company attributable to
33-19 capital stock or investments of capital stock shall be credited
33-20 annually to the account of the treasury and shall be allocated
33-21 annually to the funds held and managed by the comptroller in
33-22 accordance with Section 404.071(a).
33-23 (d) The trust company may hold reserve balances or
33-24 securities as required by the Federal Reserve System or as required
33-25 for participation in a depository trust company.
33-26 SECTION 26. Section 404.107, Government Code, is amended to
33-27 read as follows:
34-1 Sec. 404.107. Fees. (a) Any fees or assessments imposed by
34-2 state law for the incorporation, regulation, or operation of trust
34-3 companies do not apply to the Texas Treasury Safekeeping Trust
34-5 (b) Agencies and local political subdivisions of the state
34-6 and nonprofit corporations, foundations, and other charitable
34-7 organizations created on behalf of the state or an agency or local
34-8 political subdivision of the state that are authorized or required
34-9 to deposit money and securities with the trust company shall pay
34-10 the fees established on the trust company's fee schedule.
34-11 SECTION 27. Subchapter G, Chapter 404, Government Code, is
34-12 amended by adding Sections 404.108 through 404.116 to read as
34-14 Sec. 404.108. TRUST COMPANY INVESTMENT ADVISORY BOARD. (a)
34-15 The comptroller may appoint an investment advisory board to advise
34-16 the comptroller with respect to managing the assets held by the
34-17 trust company. The advisory board shall provide the comptroller
34-18 guidance on the investment philosophy that should be pursued in
34-19 managing the assets under the trust company's control. The
34-20 advisory board serves in an advisory capacity only and is not a
34-21 fiduciary with respect to the assets held by the trust company.
34-22 (b) The advisory board is composed of seven members
34-23 appointed by the comptroller with the advice of the governor,
34-24 lieutenant governor, and speaker of the house of representatives.
34-25 (c) The members of the advisory board must have knowledge of
34-26 or experience in finance, including the management of funds or
34-27 business operations.
35-1 (d) Appointments to the advisory board shall be made without
35-2 regard to the race, color, disability, sex, religion, age, or
35-3 national origin of appointees.
35-4 (e) Each member of the advisory board must be a resident of
35-5 this state.
35-6 (f) The creation, size, composition, and duration of the
35-7 advisory board is governed exclusively by this subchapter. Chapter
35-8 2110 does not apply to the size, composition, or duration of the
35-9 advisory board.
35-10 Sec. 404.109. RESTRICTIONS ON ADVISORY BOARD APPOINTMENT,
35-11 MEMBERSHIP, AND EMPLOYMENT. A person is not eligible for
35-12 appointment to the advisory board if the person or the person's
35-14 (1) is employed by or participates in the management
35-15 of a business entity or other organization receiving funds from the
35-16 trust company;
35-17 (2) owns or controls, directly or indirectly, more
35-18 than a 10 percent interest in a business entity or other
35-19 organization receiving funds from the trust company; or
35-20 (3) receives money from the business entity or other
35-21 organization receiving funds from the trust company that exceeds
35-22 five percent of the person's gross income for the preceding
35-23 calendar year.
35-24 Sec. 404.110. REMOVAL OF ADVISORY BOARD MEMBERS. The
35-25 comptroller may remove from the advisory board an advisory board
35-26 member at will or for any of the following causes:
35-27 (1) at the time of the member's appointment, the
36-1 member did not have the qualifications prescribed by Section
36-2 404.108 or was ineligible under Section 404.109;
36-3 (2) while serving on the advisory board, the member
36-4 does not maintain the qualifications prescribed by Section 404.108
36-5 or becomes ineligible for appointment under Section 404.109;
36-6 (3) for a substantial portion of the member's term,
36-7 the member is unable to discharge the member's duties because of
36-8 illness or disability; or
36-9 (4) without being excused by a majority vote of the
36-10 advisory board, the member is absent from more than one-third of
36-11 the regularly scheduled board meetings that the member is eligible
36-12 to attend during a calendar year.
36-13 Sec. 404.111. ADVISORY BOARD MEMBER TRAINING. (a) Before a
36-14 member of the advisory board may assume the member's duties, the
36-15 member must complete at least one course of the training program
36-16 established under this section.
36-17 (b) A training program established under this section shall
36-18 provide information regarding:
36-19 (1) the role and functions of the trust company;
36-20 (2) the assets managed by and programs operated by the
36-21 trust company; and
36-22 (3) the statutes applicable to the trust company,
36-23 including Chapters 551, 552, and 2001.
36-24 Sec. 404.112. COMPENSATION; EXPENSES. Members of the
36-25 advisory board serve without compensation but are entitled to
36-26 reimbursement for actual and necessary expenses in attending
36-27 meetings of the advisory board or performing other official duties
37-1 authorized by the comptroller.
37-2 Sec. 404.113. MEETINGS. (a) The advisory board may meet as
37-3 often as necessary, but shall meet at least twice each year.
37-4 (b) Advisory board meetings are subject to Chapter 551.
37-5 Sec. 404.114. INVESTMENT MANAGEMENT. (a) The comptroller
37-6 may delegate investment authority and may contract with private
37-7 professional investment managers to manage or assist in managing
37-8 assets held by the trust company.
37-9 (b) The comptroller may delegate a power or duty relating to
37-10 the investment of assets held by the trust company to an employee
37-11 or agent of the comptroller, including professional investment
37-13 Sec. 404.115. PERSONNEL. (a) The comptroller may appoint a
37-14 person to serve as chief executive officer in managing the trust
37-15 company and carrying out the policies of the trust company. The
37-16 chief executive officer and employees of the trust company serve at
37-17 the will of the comptroller.
37-18 (b) The comptroller may delegate any of the comptroller's
37-19 duties to the chief executive officer and trust company employees.
37-20 (c) The chief executive officer or the chief executive
37-21 officer's designee shall develop a career ladder program and a
37-22 system of compensation necessary to retain qualified staff.
37-23 (d) The chief executive officer or the chief executive
37-24 officer's designee shall develop a system of annual performance
37-25 evaluations. Merit pay for trust company employees must be based
37-26 on the system established under this subsection.
37-27 (e) The chief executive officer or the chief executive
38-1 officer's designee shall prepare and maintain a written policy
38-2 statement to assure implementation of a program of equal employment
38-3 opportunity under which all personnel decisions are made without
38-4 regard to race, color, disability, religion, age, or national
38-6 (f) The chief executive officer shall appoint an internal
38-7 auditor for the trust company. The appointment of the internal
38-8 auditor must be approved by the comptroller. The comptroller may
38-9 require the internal auditor to submit certain reports directly to
38-10 the comptroller.
38-11 (g) Except as provided by this section and Section
38-12 404.103(e), trust company employees hired under this subchapter are
38-13 state employees for all purposes, including accrual of leave time,
38-14 insurance benefits, retirement benefits, and travel regulations,
38-15 Chapter 104, Civil Practice and Remedies Code, and Chapter 501,
38-16 Labor Code.
38-17 Sec. 404.116. LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS,
38-18 OFFICIALS, AND STAFF. (a) The trust company may purchase or
38-19 otherwise acquire insurance to protect members of the advisory
38-20 board and the trust company staff.
38-21 (b) Insurance purchased or acquired by the trust company
38-22 under this section may:
38-23 (1) protect against any type of liability to third
38-24 persons that might be incurred while conducting trust company
38-25 business; and
38-26 (2) provide for all costs of defending against such
38-27 liability, including court costs and attorney's fees.
39-1 (c) This section does not authorize the purchase or
39-2 acquisition of insurance to protect against liability not described
39-3 in Subsection (b).
39-4 SECTION 28. Chapter 447, Government Code, is amended to read
39-5 as follows:
39-6 CHAPTER 447. STATE ENERGY CONSERVATION OFFICE
39-7 [ MANAGEMENT CENTER]
39-8 Sec. 447.001. GOVERNANCE AND GENERAL AUTHORITY
39-9 [ ESTABLISHMENT OF CENTER]. The state energy conservation office:
39-10 (1) is under the direction and control of the
39-12 (2) [ management center is established in the General
39-13 Services Commission and] shall [ be authorized to] promote the
39-14 [ those] policies [ of the state] enumerated in this chapter; and
39-15 (3) may act in any capacity authorized by state or
39-16 federal law.
39-17 Sec. 447.002. INFORMATION; PROCEDURES AND RULES; MEASURES
39-18 AND PROGRAMS. (a) The state energy conservation office [ management
39-19 center] shall develop and provide energy conservation information
39-20 for the state.
39-21 (b) The state energy conservation office [ center] may
39-22 establish procedures and adopt [ make] rules relating to the
39-23 development [ adoption] and implementation of energy conservation
39-24 measures and programs applicable to state buildings and facilities.
39-25 (c) A procedure established or a rule adopted under
39-26 Subsection (b) [ The center may act in such other capacities as
39-27 otherwise authorized by state or federal law. The center's rules
40-1 for programs and energy conservation, adopted under Chapter 2001]
40-2 may include provisions relating to:
40-3 (1) the retrofitting of existing state buildings and
40-4 facilities [ structures] with energy-saving devices; and
40-5 (2) [ to] the energy-related renovation of those
40-6 buildings and facilities [ such structures].
40-7 (d) To the extent that the [ office of the] governor receives
40-8 money appropriated for energy efficiency programs, [ the office of]
40-9 the governor, through the state energy conservation office
40-10 [ management center], shall implement programs that the state energy
40-11 conservation office [ center] identifies as encouraging energy
40-12 conservation by state government.
40-13 (e) A [ Unless money is available for the implementation of
40-14 such a program, a] state agency shall implement [ is not required to
40-15 spend money for] an energy conservation measure or program in
40-16 accordance with plans developed under Section 447.011 [ under this
40-18 Sec. 447.003. Liaison to Federal Government. The state
40-19 energy conservation office is [ management center shall serve as]
40-20 the state liaison to the federal government for the implementation
40-21 and administration of federal programs relating to state agency
40-22 energy matters. The office [ In that capacity, the center] shall
40-23 administer state programs established under:
40-24 (1) Part D, Title III, Energy Policy and Conservation
40-25 Act (42 U.S.C. 6321 et seq.), and its subsequent amendments;
40-26 (2) Part G, Title III, Energy Policy and Conservation
40-27 Act (42 U.S.C. 6371 et seq.), and its subsequent amendments; and
41-1 (3) [ the National Energy Extension Service Act (42
41-2 U.S.C. 7001 et seq.); and]
41-3 [ (4)] other federal energy conservation programs as
41-4 [ may be] assigned to the office [ energy management center] by the
41-5 governor or the legislature.
41-6 Sec. 447.004. Design Standards. (a) The state energy
41-7 conservation office [ management center] shall establish [ adopt] and
41-8 publish mandatory energy conservation design standards for each[ ,
41-9 under Chapter 2001, that all] new state building or [ buildings and]
41-10 major renovation project [ projects], including a new building or
41-11 [ buildings and] major renovation project [ projects] of a
41-12 state-supported institution [ institutions] of higher education[ ,
41-13 are required to meet]. The office [ center] shall define "major
41-14 renovation project" for purposes of [ what constitutes a major
41-15 renovation project under] this section and shall review and update
41-16 the standards biennially.
41-17 (b) The standards established under Subsection (a) must:
41-18 (1) include performance and procedural standards for
41-19 the maximum energy conservation allowed by the latest and most
41-20 cost-effective technology that is consistent with the requirements
41-21 of public health, safety, and economic resources;[ .]
41-22 (2) be stated [ (c) The standards must be adopted] in
41-23 terms of energy consumption levels;
41-24 (3) consider [ and must take into consideration] the
41-25 various types [ classes] of building uses; and
41-26 (4) [ must] allow for design flexibility.
41-27 (c) Any procedural standard established under this section
42-1 [ Procedural standards] must be directed toward specific design and
42-2 building practices that produce good thermal resistance and low
42-3 infiltration and toward requiring practices in the design of
42-4 mechanical and electrical systems that maximize energy efficiency.
42-5 The procedural standards must address [ concern], as applicable:
42-6 (1) insulation;
42-7 (2) lighting;
42-8 (3) ventilation;
42-9 (4) climate control;
42-10 (5) special energy requirements of health-related
42-11 facilities of higher education and state agencies; and
42-12 (6) any other item that the state energy conservation
42-13 office [ center] considers appropriate [ that is adopted under
42-14 Chapter 2001].
42-15 (d) A state [ In order to demonstrate compliance with the
42-16 requirement to adopt and update the conservation design standards,
42-17 each] agency or an [ and] institution of higher education shall
42-18 submit a copy of its design and construction manuals to the state
42-19 energy conservation office as the office considers necessary to
42-20 demonstrate compliance by the agency or institution with the
42-21 standards established under this section [ center on request].
42-22 (e) A state agency or an institution of higher education may
42-23 not begin [ Prior to] construction of a new state building or a
42-24 major renovation project before[ , agencies and institutions of
42-25 higher education shall have] the design architect or engineer for
42-26 the construction or renovation has:
42-27 (1) certified [ on the project certify] to the agency
43-1 or institution that the construction or[ , with a copy to the energy
43-2 management center, that all new building construction and major
43-3 building] renovation complies [ projects comply] with the [ energy
43-4 conservation design] standards established [ required] under this
43-5 section; and
43-6 (2) provided a copy of that certification to the state
43-7 energy conservation office.
43-8 Sec. 447.005. Energy Efficiency Projects. Subject to
43-9 applicable state and federal laws or guidelines, the state energy
43-10 conservation office [ management center] may:
43-11 (1) implement an energy efficiency project [ projects]
43-12 at a state agency; [ agencies] or
43-13 (2) [ may] assist the agency [ those agencies] in
43-14 implementing the project [ projects] through an energy efficiency
43-15 program [ programs financed through state or federal grants or
43-17 [ Sec. 447.006. OBTAINING DATA. The energy management center
43-18 shall obtain semiannually from each state agency information
43-19 relating to the cost of heating and cooling buildings owned by the
43-21 [ Sec. 447.007. MODEL CODES. The energy management center may
43-22 recommend model energy conservation building codes to
43-23 municipalities for use in enacting or amending municipal
43-25 Sec. 447.008. Additional Energy Services. (a) The state
43-26 energy conservation office [ management center] may provide
43-27 additional energy services, including:
44-1 (1) training of designated state employees in energy
44-2 management, energy-accounting techniques, and energy efficient
44-3 design and construction;
44-4 (2) technical assistance regarding energy efficient
44-5 capital improvements, energy efficient building design, and
44-6 cogeneration and thermal storage investments;
44-7 (3) technical assistance to the state auditor or a
44-8 [ State Auditor and to] state agency [ agencies] regarding
44-9 [ conducting] energy management performance audits and the
44-10 monitoring of utility bills to detect billing errors;
44-11 (4) technical assistance to a state agency [ agencies]
44-12 regarding third-party financing of an energy efficient capital
44-13 improvement project [ projects]; and
44-14 (5) other energy-related assistance that the office
44-15 considers appropriate, if the assistance is requested by a state
44-16 agency, an institution of higher education, a consortium of
44-17 institutions of higher education, or another governmental entity
44-18 [ agencies, other legislatively] created by [ entities of the] state
44-19 law[ , institutions of higher education, and consortiums of
44-20 institutions of higher education that the center considers
44-22 (b) Using available state, federal, or oil overcharge funds,
44-23 the state energy conservation office may provide technical
44-24 assistance to a [ management center may assist] state agency or an
44-25 institution [ agencies and institutions] of higher education in
44-26 analyzing or [ and] negotiating rates for electricity or [ and]
44-27 natural gas supplies from a locally certificated electric supplier
45-1 [ suppliers], a natural gas supplier [ suppliers], or a state-owned
45-2 energy resource [ resources], including a transportation charge
45-3 [ charges] for natural gas. This [ The provisions of this] section
45-4 does [ shall] not authorize [ be construed to empower] the office
45-5 [ energy management center] to negotiate rates for natural gas
45-6 supplies on behalf of an agency or institution [ state agencies or
45-7 institutions but rather to provide technical assistance as needed].
45-8 (c) A state agency or an institution [ Agencies and
45-9 institutions] of higher education may request [ seek] the assistance
45-10 of the state energy conservation office [ management center] before
45-11 negotiating or contracting for the supply or [ and] transportation
45-12 of natural gas or [ and] electricity [ that will result in an
45-13 anticipated annual expenditure of more than $100,000].
45-14 (d) A [ Any] state agency or institution of higher education
45-15 with expertise in rate analysis, negotiation, or any other matter
45-16 related to the procurement of electricity and natural gas supplies
45-17 from a locally certificated electric supplier [ suppliers], a
45-18 natural gas supplier [ suppliers], or a state-owned energy resource
45-19 [ resources] may assist the state energy conservation office
45-20 [ management center] whenever practicable. The attorney general on
45-21 request shall assist the office [ energy management center] and
45-22 other state agencies and institutions of higher education in
45-23 negotiating rates for electricity and other terms of electric
45-24 utility service.
45-25 (e) Using available funds from any source [ where permitted],
45-26 the state energy conservation office [ management center] may assist
45-27 a state agency, an institution of higher education, a consortium of
46-1 institutions of higher education, or another governmental entity
46-2 [ agencies, legislatively] created by state law [ entities of the
46-3 state, institutions of higher education, and consortiums of
46-4 institutions of higher education] to further the goals and pursue
46-5 the policies of the state in energy research as may be determined
46-6 by the governor or the legislature. The office [ energy management
46-7 center] may assist a state agency [ agencies, which are hereby
46-8 authorized to act in accordance with this section,] in implementing
46-9 current federal energy policy [ as expressed in Pub. L. No. 102-486,
46-10 106 Stat. 2776 (1992)].
46-11 (f) The state energy conservation office [ management center]
46-12 on request may negotiate rates for electricity and other terms of
46-13 electric utility service for a state agency or an institution of
46-14 higher education. The office [ energy management center may] also
46-15 may negotiate the rates and the other terms of service for a group
46-16 of agencies or [ and] institutions [ together] in a single contract.
46-17 (g) The state energy conservation office may [ management
46-18 center shall] analyze the rates for electricity charged to and the
46-19 amount of electricity used by state agencies and institutions of
46-20 higher education to determine ways the state could obtain lower
46-21 rates and use less electricity. Each state agency [ State
46-22 agencies], including the Public Utility Commission of Texas, and
46-23 institution [ institutions] of higher education shall assist the
46-24 office [ energy management center] in obtaining the information the
46-25 office needs [ center requires] to perform its analysis.
46-26 (h) The state energy conservation office [ management center]
46-27 and the attorney general may [ shall] cooperate in monitoring
47-1 efforts to deregulate the electric utility industry and in
47-2 reporting on the ways in which deregulation would affect state
47-3 government as a purchaser of electricity. The office [ energy
47-4 management center], represented by the attorney general, may
47-5 intervene in proceedings before the Public Utility Commission of
47-6 Texas that are related to deregulating all or part of the electric
47-7 utility industry to represent the interests of state government as
47-8 a purchaser of electricity [ in those proceedings].
47-9 Sec. 447.009. Energy Audits. (a) The state energy
47-10 conservation office may audit a [ management center shall conduct
47-11 audits of] state-owned building [ buildings] used by a state agency
47-12 [ agencies. The audits shall be designed] to assist the agency
47-13 [ state agencies] in reducing energy consumption and costs through
47-14 improved energy efficiency.
47-15 (b) Based on any [ the] audit performed under Subsection (a)
47-16 [ of this section], the state energy conservation office [ of the
47-17 governor] may recommend changes to improve energy efficiency.
47-18 (c) The state energy conservation office [ management center]
47-19 may provide training, technical assistance, and funding, if
47-20 available, to the state auditor [ State Auditor's office] or the
47-21 state agency responsible for [ office charged with] performing
47-22 management audits of state agencies and institutions of higher
47-23 education to conduct energy management audits in those [ state]
47-24 agencies and institutions [ of higher education].
47-25 (d) Each state agency or institution [ State agencies and
47-26 institutions] of higher education shall review [ conduct reviews]
47-27 and audit [ audits of] utility billings and contracts to detect
48-1 billing errors. Any contract [ Contracts] with a private person to
48-2 conduct the review or audit [ sector firms] must comply with all
48-3 applicable provisions of Subchapter A, Chapter 2254, [ 654]
48-4 regarding professional services contracts. The contract [ and] may
48-5 not be awarded on a contingent fee basis unless the governor
48-6 determines [ a finding] that the contract is necessary, reasonable,
48-7 and prudent [ is obtained from the office of the governor].
48-8 Sec. 447.010. Energy-Saving Devices or Measures. (a) On
48-9 approval by the state energy conservation office [ management
48-10 center], a state agency that reduces its energy expenses may use
48-11 any funds saved by the agency from appropriated utility funds for
48-12 the purchase of an energy-saving device [ devices] or measure
48-13 [ measures]. For purposes of this section, "energy-saving device or
48-14 measure" means a device or measure that directly reduces:
48-15 (1) energy costs; or
48-16 (2) the energy consumption of equipment, including a
48-17 lighting, heating, ventilation [ ventilating], or air conditioning
48-18 system, [ or of other equipment that uses electricity, natural gas,
48-19 fuel oil, or any other energy source] without materially altering
48-20 the quality of the equipment [ such lighting, heating, ventilating,
48-21 air conditioning, or other energy consuming system].
48-22 (b) A state agency, in accordance with the recommendations
48-23 of an energy audit, may purchase energy-saving devices or measures
48-24 from appropriated utility funds if the savings in utility funds
48-25 projected by the audit will offset the purchase. The agency shall
48-26 retain in its files a [ within four years. A] copy of the
48-27 recommendation and repayment schedule [ must be attached to the
49-1 purchase voucher] as evidence of the projected savings.
49-2 Sec. 447.011. Energy Management Planning. (a) The state
49-3 energy conservation office [ management center] shall provide energy
49-4 management planning assistance to a state agency or an institution
49-5 [ agencies and institutions] of higher education, including:
49-6 (1) preparation by the agency or institution of a
49-7 long-range plan for the delivery of reliable, cost-effective
49-8 utility services for the state agency or institution [ agencies,
49-9 institutions of higher education, boards, and commissions in Travis
49-10 County. This plan shall be presented to the affected agencies for
49-11 use in preparing their five-year construction and major
49-12 rehabilitation plans. After other energy-saving alternatives are
49-13 considered, district heating and cooling and on-site generation of
49-14 electricity may be considered in planning for reliable, efficient,
49-15 and cost-effective utility services];
49-16 (2) assistance to the Department of Public Safety for
49-17 energy emergency contingency planning, using state or federal funds
49-18 when available; [ and]
49-19 (3) assistance to each state agency or institution
49-20 [ agencies and institutions] of higher education in preparing
49-21 comprehensive energy management plans; and
49-22 (4) assistance to a state agency in complying with
49-23 Section 447.002, including the prioritization and scheduling of
49-24 implementation plans to ensure adoption of qualified,
49-25 cost-effective efficiency measures and programs for each state
49-26 building or facility.
49-27 (b) A state agency or an institution of higher education
50-1 shall present a plan prepared under Subsection (a)(1) to the state
50-2 energy conservation office. The agency or institution shall use
50-3 the plan in preparing its five-year construction and major
50-4 renovation plans. After other energy-saving alternatives are
50-5 considered, district heating and cooling or on-site generation of
50-6 electricity may be considered in planning for reliable, efficient,
50-7 and cost-effective utility services.
50-8 (c) The state energy conservation office [ management center]
50-9 shall prepare guidelines for the preparation of a plan under
50-10 Subsection (a)(3). A state agency or an institution [ these plans.
50-11 State agencies and institutions] of higher education that occupies
50-12 a [ expend more than $250,000 annually for heating, lighting, and
50-13 cooling and that occupy] state-owned building [ buildings] shall
50-14 prepare and submit a five-year energy management plan to the
50-15 office. The agency or institution shall update its plan [ center.
50-16 Agencies and institutions of higher education with smaller usage
50-17 may be required to submit such plans. Updated plans shall be
50-18 submitted] biennially, if [ when] requested to do so by the office
50-19 [ center]. A state agency or an institution of higher education
50-20 that occupies a building not owned by the state shall cooperate
50-21 with the office in addressing the energy management of that
50-23 (d) [ (b)] The comprehensive energy management plan prepared
50-24 under [ required in] Subsection (a)(3) shall be included in the
50-25 five-year construction and major repair and rehabilitation plans
50-26 for institutions of higher education as required by [ under] Section
50-27 [ 61.058 and] 61.0651, Education Code.
51-1 SECTION 29. Section 466.355, Government Code, is amended by
51-2 adding Subsection (c) to read as follows:
51-3 (c) Each August the comptroller shall:
51-4 (1) estimate the amount to be transferred to the
51-5 foundation school fund on or before September 15; and
51-6 (2) notwithstanding Subsection (b)(4), transfer the
51-7 amount estimated in Subdivision (1) to the foundation school fund
51-8 before August installment payments are made under Section 42.259,
51-9 Education Code.
51-10 SECTION 30. The heading to Subchapter C, Chapter 659,
51-11 Government Code, is amended to read as follows:
51-12 SUBCHAPTER C. [ COMPENSATORY] PER DIEM
51-13 SECTION 31. Section 659.043(a), Government Code, is amended
51-14 to read as follows:
51-15 (a) A state employee is entitled to longevity pay to be
51-16 included in the employee's monthly compensation if the employee:
51-17 (1) is a full-time state employee on the first workday
51-18 of the month;
51-19 (2) is not on leave without pay on the first workday
51-20 of the month; and
51-21 (3) has accrued at least three [ five] years of
51-22 lifetime service credit not later than the last day of the
51-23 preceding month.
51-24 SECTION 32. Section 659.044, Government Code, is amended by
51-25 amending Subsections (a) and (d) and adding Subsection (e) to read
51-26 as follows:
51-27 (a) Except as provided by Subsection (e), the [ The] monthly
52-1 amount of longevity pay is $4 for each year of lifetime service
52-3 (d) An employee may not receive from the state as longevity
52-4 pay more than the amount determined under Subsection (a) or (e), as
52-5 applicable [ $4 for each year of lifetime service credit],
52-6 regardless of the number of positions the employee holds or the
52-7 number of hours the employee works each week.
52-8 (e) This subsection applies only to an employee of the Texas
52-9 Youth Commission who is receiving less than the maximum amount of
52-10 hazardous duty pay that the commission may pay to the employee
52-11 under Section 659.303. The employee's monthly amount of longevity
52-12 pay is the sum of:
52-13 (1) $4 for each year of lifetime service credit, which
52-14 may not include any period served in a hazardous duty position; and
52-15 (2) the lesser of:
52-16 (A) $4 for each year served in a hazardous duty
52-17 position; or
52-18 (B) the difference between:
52-19 (i) $7 for each year served in a hazardous
52-20 duty position; and
52-21 (ii) the amount paid by the commission for
52-22 each year served in a hazardous duty position.
52-23 SECTION 33. Section 659.046, Government Code, is amended by
52-24 adding Subsection (f) to read as follows:
52-25 (f) The amount of an employee's lifetime service credit does
52-26 not include the period served in a hazardous duty position if the
52-27 employee is:
53-1 (1) entitled to receive hazardous duty pay under
53-2 Section 659.302; or
53-3 (2) receiving the maximum amount of hazardous duty pay
53-4 that the Texas Youth Commission may pay to the employee under
53-5 Section 659.303.
53-6 SECTION 34. Section 659.254(c), Government Code, is amended
53-7 to read as follows:
53-8 (c) An employee whose classified position is reallocated by
53-9 the General Appropriations Act or reclassified under Chapter 654 to
53-10 a higher salary group will be paid at the minimum salary rate in
53-11 the higher salary group or at the salary rate the employee would
53-12 have received without the reallocation or reclassification,
53-13 whichever rate is higher, except[ :]
53-14 [ (1)] to maintain desirable salary relationships among
53-15 employees in the affected positions, the salary may be adjusted not
53-16 more than:
53-17 (1) [ (A)] two steps higher, if the employee's salary
53-18 group is divided into steps by the General Appropriations Act; or
53-19 (2) [ (B)] 6.8 percent higher, if the employee's salary
53-20 group is not divided into steps by the General Appropriations Act[ ;
53-22 [ (2) the employee may not advance to a step number in
53-23 the new salary group higher than the step number rate held before
53-24 the reallocation or reclassification, if the employee's salary
53-25 group is divided into steps by the General Appropriations Act].
53-26 SECTION 35. Subchapter K, Chapter 659, Government Code, is
53-27 amended by adding Sections 659.2551 and 659.2552 to read as
54-2 Sec. 659.2551. PERFORMANCE LINKED TO AGENCY GOALS. Each
54-3 state agency shall adopt policies to ensure that an employee's
54-4 performance expectations are linked to the goals in the agency's
54-5 strategic plan adopted under Chapter 2056.
54-6 Sec. 659.2552. TASK FORCE TO EVALUATE EMPLOYEE COMPENSATION
54-7 SYSTEMS. (a) The task force is composed of:
54-8 (1) a representative of:
54-9 (A) the governor's office, appointed by the
54-11 (B) the state auditor's office, appointed by the
54-12 state auditor;
54-13 (C) the comptroller's office, appointed by the
54-14 comptroller; and
54-15 (D) the Legislative Budget Board, appointed by
54-16 the director; and
54-17 (2) the following representatives, appointed by the
54-19 (A) three representatives from state agencies
54-20 that employ fewer than 100 full-time employees;
54-21 (B) three representatives from state agencies
54-22 that employ at least 100 but fewer than 1,000 full-time employees;
54-24 (C) three representatives from state agencies
54-25 that employ 1,000 or more full-time employees;
54-26 (b) The representative of the state auditor's office shall
54-27 serve as the presiding officer of the task force.
55-1 (c) The task force shall:
55-2 (1) evaluate the strengths and weaknesses of the
55-3 current merit increase system for compensating employees;
55-4 (2) identify statewide opportunities for funding
55-5 pay-for-performance policies and practices to supplement current
55-6 efforts at recruiting and retaining employees; and
55-7 (3) provide recommendations on those matters to the
55-8 legislature not later than January 1, 2003.
55-9 (d) A member of the task force serves at the will of the
55-10 appointing entity.
55-11 SECTION 36. Sections 659.260(b) and (e), Government Code, are
55-12 amended to read as follows:
55-13 (b) To facilitate a state agency's work during an emergency
55-14 or other special circumstance, an employee may[ :]
55-15 [ (1)] be temporarily assigned to other duties for a
55-16 period not to exceed six months. The employee is entitled to[ ; and]
55-17 [ (2)] receive during the period of reassignment at
55-18 least the same [ appropriate] rate of pay that the employee received
55-19 immediately before the reassignment [ for the temporary position if
55-20 the temporary position is classified in a salary group with a
55-21 higher minimum salary rate]. An employee may not be temporarily
55-22 assigned under this subsection to a position classified in a salary
55-23 group with a lower minimum salary rate.
55-24 (e) While the employee is temporarily assigned under this
55-25 section, the state agency may not:
55-26 (1) award a merit salary increase to the employee; or
55-27 (2) promote or demote the employee[ ; or]
56-1 [ (3) reduce the employee's salary].
56-2 SECTION 37. Chapter 659, Government Code, is amended by
56-3 adding Subchapter L to read as follows:
56-4 SUBCHAPTER L. HAZARDOUS DUTY PAY
56-5 Sec. 659.301. DEFINITIONS. In this subchapter:
56-6 (1) "Full-time state employee" means a state employee
56-7 who normally works at least 40 hours each week.
56-8 (2) "Hazardous duty position" means a position in the
56-9 service of this state that:
56-10 (A) renders any individual holding that position
56-11 a state employee; or
56-12 (B) requires the performance of hazardous duty.
56-13 (3) "Institution of higher education" has the meaning
56-14 assigned by Section 61.003, Education Code.
56-15 (4) "Part-time state employee" means a state employee
56-16 who is not a full-time state employee.
56-17 (5) "State employee" means an individual who:
56-18 (A) is a commissioned law enforcement officer of
56-19 the Department of Public Safety, the General Services Commission,
56-20 the Texas Alcoholic Beverage Commission, or the institutional
56-21 division of the Texas Department of Criminal Justice;
56-22 (B) is a commissioned security officer of the
56-24 (C) is a law enforcement officer commissioned by
56-25 the Parks and Wildlife Commission;
56-26 (D) is a commissioned peace officer of an
56-27 institution of higher education;
57-1 (E) is an employee or official of the Board of
57-2 Pardons and Paroles or the pardons and paroles division of the
57-3 Texas Department of Criminal Justice if the employee or official
57-4 has routine direct contact with inmates of any penal or
57-5 correctional institution or with administratively released
57-6 prisoners subject to the board's jurisdiction;
57-7 (F) has been certified to the Employees
57-8 Retirement System of Texas under Section 815.505 as having begun
57-9 employment as a law enforcement officer or custodial officer,
57-10 unless the individual has been certified to the system as having
57-11 ceased employment as a law enforcement officer or custodial
57-12 officer; or
57-13 (G) before May 29, 1987, received hazardous duty
57-14 pay based on the terms of any state law if the individual holds a
57-15 position designated under that law as eligible for the pay.
57-16 (6) "Workday" means any day that is not a Saturday, a
57-17 Sunday, or a state or national holiday under Section 662.003. The
57-18 term includes a state or national holiday that the General
57-19 Appropriations Act prohibits state agencies from observing.
57-20 Sec. 659.302. ENTITLEMENT TO RECEIVE HAZARDOUS DUTY PAY. (a)
57-21 Hazardous duty pay is included in the compensation paid to an
57-22 individual for services rendered during a month if the individual:
57-23 (1) is a state employee for any portion of the first
57-24 workday of the month; and
57-25 (2) has completed at least 12 months of lifetime
57-26 service credit not later than the last day of the preceding month.
57-27 (b) This section does not apply to an employee of the Texas
58-1 Youth Commission.
58-2 Sec. 659.303. TEXAS YOUTH COMMISSION EMPLOYEES. (a) The
58-3 commission may include hazardous duty pay in the compensation paid
58-4 to an individual for services rendered during a month if the
58-6 (1) has routine direct contact with youth:
58-7 (A) placed in a residential facility of the
58-8 commission; or
58-9 (B) released under the commission's supervision;
58-11 (2) has completed at least 12 months of lifetime
58-12 service credit not later than the last day of the preceding month.
58-13 (b) For purposes of Subsection (a)(1), an individual who is
58-14 having routine direct contact with youth on any portion of the
58-15 first workday of a month is considered to have routine direct
58-16 contact with youth for the entire month.
58-17 (c) The commission's authority under Subsection (a) is
58-18 subject to any conditions or limitations in the General
58-19 Appropriations Act.
58-20 (d) The commission may not pay hazardous duty pay:
58-21 (1) from funds authorized for payment of an
58-22 across-the-board employee salary increase; or
58-23 (2) to an employee who works at the commission's
58-24 central office.
58-25 (e) In this section, "commission" means the Texas Youth
58-27 Sec. 659.304. INELIGIBILITY TO RECEIVE HAZARDOUS DUTY PAY.
59-1 Hazardous duty pay may be paid only to an individual who is:
59-2 (1) entitled to receive the pay under Section 659.302;
59-4 (2) eligible to receive the pay under Section 659.303.
59-5 Sec. 659.305. AMOUNT OF HAZARDOUS DUTY PAY. (a) Except as
59-6 provided by Subsection (b), the amount of a full-time state
59-7 employee's hazardous duty pay for a particular month is the lesser
59-9 (1) $7 for each 12-month period of lifetime service
59-10 credit accrued by the employee; or
59-11 (2) $210.
59-12 (b) This subsection applies only to a state employee whose
59-13 compensation for services provided to the state during any month
59-14 before August 1987 included hazardous duty pay that was based on
59-15 total state service performed before May 29, 1987. The amount of a
59-16 full-time state employee's hazardous duty pay for a particular
59-17 month is the sum of:
59-18 (1) $7 for each 12-month period of state service
59-19 credit the employee finished accruing before May 29, 1987; and
59-20 (2) $7 for each 12-month period of lifetime service
59-21 credit that the employee accrued after the date, which must be
59-22 before May 29, 1987, on which the employee finished accruing the
59-23 last 12-month period of state service credit.
59-24 (c) The amount determined under Subsection (b)(2) may not
59-25 exceed $210.
59-26 (d) For purposes of Subsections (a)(1) and (b)(2), the
59-27 number of 12-month periods of lifetime service credit that the
60-1 employee has accrued must be determined as of the last day of the
60-2 preceding month.
60-3 (e) A state employee is considered to be a full-time state
60-4 employee for purposes of Subsection (a) or (b) if the employee is
60-5 a full-time state employee for any portion of the first workday of
60-6 the month.
60-7 (f) The amount of a part-time state employee's hazardous
60-8 duty pay is proportional to the amount of a full-time state
60-9 employee's pay under Subsection (a) or (b).
60-10 (g) A state employee may not receive more than $7 for each
60-11 12-month period of lifetime service credit, regardless of:
60-12 (1) the number of positions the employee holds; or
60-13 (2) the number of hours the employee works each week.
60-14 Sec. 659.306. RESPONSIBILITY FOR PAYING HAZARDOUS DUTY PAY.
60-15 The state agency that employs an individual at the beginning of the
60-16 first workday of a month must pay any hazardous duty pay that is
60-17 included in the compensation paid to the individual for services
60-18 rendered during that month. If the individual transfers to a
60-19 second state agency during that month, the first agency remains
60-20 responsible for paying the full amount of hazardous duty pay for
60-21 that month.
60-22 Sec. 659.307. SERVICE CREDIT. (a) The amount of an
60-23 individual's lifetime service credit equals the number of months
60-24 the individual has served in a hazardous duty position during the
60-25 individual's lifetime.
60-26 (b) The amount of an individual's state service credit
60-27 equals the sum of:
61-1 (1) the amount of the individual's lifetime service
61-2 credit, as determined under Subsection (a); and
61-3 (2) the number of months during the individual's
61-4 lifetime that the individual has provided services to the state in
61-5 a position that is not a hazardous duty position.
61-6 Sec. 659.308. ADMINISTRATION. The comptroller may establish
61-7 procedures and adopt rules to administer this subchapter.
61-8 SECTION 38. Section 660.203(a), Government Code, is amended
61-9 to read as follows:
61-10 (a) An individual is entitled to reimbursement for the
61-11 actual expense of meals and lodging incurred while performing the
61-12 duties of the individual's office or employment if the individual
61-14 (1) a judicial officer;
61-15 (2) a chief administrative officer of a state agency,
61-16 subject to Subsection (c);
61-17 (3) the executive director of the Texas Legislative
61-18 Council; [ or]
61-19 (4) the secretary of the senate;
61-20 (5) a member of the Texas Natural Resource
61-21 Conservation Commission, the Texas Workforce Commission, the Public
61-22 Utility Commission of Texas, the Board of Pardons and Paroles, or
61-23 the Sabine River Compact Administration; or
61-24 (6) a full-time member of a board and receives a
61-25 salary from the state for service on that board.
61-26 SECTION 39. Chapter 666, Government Code, as added by Chapter
61-27 1467, Acts of the 76th Legislature, Regular Session, 1999, is
62-1 amended to read as follows:
62-2 CHAPTER 666. RECOVERING [ PAYROLL DEDUCTION TO RECOUP]
62-3 EXCESS COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
62-4 Sec. 666.001. DEFINITIONS. In this chapter:
62-5 (1) "Compensation" includes:
62-6 (A) base salary or wages;
62-7 (B) longevity or hazardous duty pay;
62-8 (C) benefit replacement pay;
62-9 (D) a payment for the balance of vacation and
62-10 sick leave under Subchapter B, Chapter 661;
62-11 (E) a payment for the accrued balance of
62-12 vacation time under Subchapter C, Chapter 661; and
62-13 (F) an emolument provided in lieu of base salary
62-14 or wages.
62-15 (2) "Indebtedness" means the amount of compensation
62-16 paid to a state employee that exceeds the amount the employee is
62-17 eligible to receive under law because at the time the compensation
62-18 was paid:
62-19 (A) the employee was ineligible to receive the
62-20 entire amount paid; or
62-21 (B) the employee's eligibility to receive the
62-22 entire amount paid was conditioned on:
62-23 (i) the occurrence of an event that did
62-24 not occur; or
62-25 (ii) the employee's fulfillment of a
62-26 promise that the employee did not fulfill.
62-27 (3) "State agency" means a board, commission, council,
63-1 committee, department, office, agency, or other governmental entity
63-2 in the executive, legislative, or judicial branch of state
63-3 government. The term includes:
63-4 (A) the Texas Guaranteed Student Loan
63-5 Corporation; and
63-6 (B) an institution of higher education as
63-7 defined by Section 61.003, Education Code, other than a public
63-8 junior or community college.
63-9 (4) "State employee" means an officer or employee of a
63-10 state agency.
63-11 (5) "Successor" means:
63-12 (A) the estate of a deceased state employee;
63-13 (B) the surviving spouse of a deceased state
63-14 employee; or
63-15 (C) the distributees of the estate of a deceased
63-16 state employee.
63-17 Sec. 666.002. RECOVERY [ DEDUCTION] AUTHORIZATION. (a) A
63-18 state agency may recover in accordance with this chapter [ deduct]
63-19 the amount of a state employee's indebtedness to the agency [ from
63-20 any amount of compensation the agency owes the employee or the
63-21 employee's successor] if:
63-22 (1) the agency provides a notice to the employee or
63-23 successor that complies with Section 666.003;
63-24 (2) the agency provides the employee or successor with
63-25 an opportunity to exercise any due process or other constitutional
63-26 or statutory protection that must be accommodated before the agency
63-27 may begin a collection action or procedure;
64-1 (3) the agency determines that the recovery
64-2 [ deduction] would not violate any applicable law or rule of this
64-3 state or the United States; and
64-4 (4) the comptroller is not responsible under Section
64-5 404.046, 404.069, or 2103.003 for paying the amount owed by the
64-6 agency to the employee or successor through the issuance of a
64-7 warrant or initiation of an electronic funds transfer.
64-8 (b) The comptroller may recover in accordance with this
64-9 chapter [ deduct] the amount of a state employee's indebtedness to a
64-10 state agency [ from any amount of compensation the agency owes the
64-11 employee or the employee's successor] if:
64-12 (1) the agency provides a notice to the employee or
64-13 successor that complies with Section 666.003;
64-14 (2) the agency's request for [ agency requests] the
64-15 comptroller to recover the indebtedness complies [ make the
64-16 deduction in accordance] with Section 666.005; and
64-17 (3) the comptroller is responsible under Section
64-18 404.046, 404.069, or 2103.003 for paying the amount owed by the
64-19 agency to the employee or the successor through the issuance of a
64-20 warrant or initiation of an electronic funds transfer.
64-21 (c) A state agency may recover the amount of a state
64-22 employee's indebtedness to the agency under this chapter by:
64-23 (1) deducting the amount of the indebtedness from any
64-24 amount of compensation the agency owes the employee or the
64-25 employee's successor; or
64-26 (2) reducing the gross amount of base salary or wages
64-27 that the agency owes the employee or the employee's successor for
65-1 services provided by the employee during any pay period after the
65-2 pay period in which the indebtedness was incurred.
65-3 (d) The comptroller may recover the amount of a state
65-4 employee's indebtedness to a state agency under this chapter by:
65-5 (1) deducting the amount of the indebtedness from any
65-6 amount of compensation the agency owes the employee or the
65-7 employee's successor; or
65-8 (2) reducing the gross amount of base salary or wages
65-9 that the agency owes the employee or the employee's successor for
65-10 services provided by the employee during any pay period after the
65-11 pay period in which the indebtedness was incurred.
65-12 (e) For the purposes of Subsections (c)(2) and (d)(2), an
65-13 indebtedness is incurred during the pay period the compensation is
65-14 earned by the employee. For purposes of this subsection,
65-15 compensation is earned without regard to whether the amount of that
65-16 compensation exceeds the amount the employee was eligible to
65-18 Sec. 666.003. NOTICE. (a) A state agency shall provide
65-19 notice to a state employee or the employee's successor before the
65-21 (1) recovers [ deducts] the amount of the employee's
65-22 indebtedness to the agency under Section 666.002(a); or
65-23 (2) requests the comptroller to recover the amount of
65-24 the employee's indebtedness to the agency [ make a deduction] under
65-25 Section 666.002(b).
65-26 (b) The notice must:
65-27 (1) be given in a manner reasonably calculated to give
66-1 actual notice to the employee or successor;
66-2 (2) state the:
66-3 (A) amount of the indebtedness; and
66-4 (B) name of the indebted employee;
66-5 (3) specify the date by which the indebtedness must be
66-6 paid; and
66-7 (4) inform the employee or successor that unless the
66-8 indebtedness is paid on or before the date specified, the amount of
66-9 the indebtedness may be recovered by:
66-10 (A) deducting it [ deducted] from any amount of
66-11 compensation the agency owes the employee or successor; or
66-12 (B) reducing the gross amount of base salary or
66-13 wages that the agency owes the employee or successor for services
66-14 provided by the employee during any pay period after the pay period
66-15 in which the indebtedness was incurred.
66-16 (c) For purposes of Subsection (b)(4)(B), an indebtedness is
66-17 incurred during the pay period the compensation is earned by the
66-18 employee. For purposes of this subsection, compensation is earned
66-19 without regard to whether the amount of that compensation exceeds
66-20 the amount the employee was eligible to receive.
66-21 Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
66-22 remains owed after a recovery [ deduction] under Section 666.002
66-23 shall be paid to the state employee or successor.
66-24 Sec. 666.005. RECOVERY [ DEDUCTION] REQUESTS TO THE
66-25 COMPTROLLER. (a) A state agency may not request the comptroller to
66-26 make a recovery [ deduction from compensation owed to a state
66-27 employee or successor] under Section 666.002(b) before the agency:
67-1 (1) provides the employee or successor the opportunity
67-2 to exercise any due process or other constitutional or statutory
67-3 protection that must be accommodated before a collection action or
67-4 procedure may begin; and
67-5 (2) determines that the recovery [ deduction] would not
67-6 violate any applicable law or rule of this state or the United
67-8 (b) The comptroller may not investigate or determine whether
67-9 the agency has complied with Subsection (a)(1). The comptroller
67-10 may rely on a determination made under Subsection (a)(2).
67-11 (c) A state agency's request to the comptroller to make a
67-12 recovery [ deduction] under Section 666.002(b) must comply with the
67-13 comptroller's requirements for format, content, and frequency.
67-14 Sec. 666.006. ASSIGNEES. (a) The assignee of a state
67-15 employee or the employee's successor is considered to be a
67-16 successor for the purposes of this chapter, except that a recovery
67-17 [ deduction] under this chapter from the compensation or base salary
67-18 or wages owed to the assignee of a state employee or the employee's
67-19 successor may not be made if the assignment became effective before
67-20 [ after] the employee incurred the indebtedness.
67-21 (b) For purposes of Subsection (a), an indebtedness is
67-22 incurred on:
67-23 (1) the date the compensation is paid, if eligibility
67-24 to receive the entire amount of the compensation was not
67-25 conditioned on a state employee fulfilling a promise; or
67-26 (2) the day after the deadline for a state employee to
67-27 fulfill a promise, if eligibility to receive the entire amount of
68-1 the compensation was conditioned on the employee fulfilling the
68-3 (c) This chapter neither authorizes nor prohibits a state
68-4 employee or the employee's successor from assigning the employee's
68-5 or successor's right or eligibility to receive compensation.
68-6 Sec. 666.007. OTHER METHODS OF RECOVERY NOT PROHIBITED. This
68-7 chapter does not prohibit the comptroller or a state agency from
68-8 recovering an indebtedness in any manner authorized by a law other
68-9 than this chapter.
68-10 Sec. 666.008. ADMINISTRATION. The comptroller may adopt
68-11 rules and establish procedures to administer this chapter.
68-12 SECTION 40. Sections 2101.011(a), (b), and (c), Government
68-13 Code, are amended to read as follows:
68-14 (a) In this section:
68-15 (1) "Annual financial report" means the annual
68-16 financial report required by this section.
68-17 (2) "Appropriated money" means money appropriated by
68-18 the legislature under the General Appropriations Act or other law.
68-19 [ (2) "Appropriation item" includes an item listed in
68-20 the General Appropriations Act under an informational listing of
68-21 appropriated funds.]
68-22 (b) Not later than November 20 of each year, a [ the
68-23 executive head of each] state agency shall submit an annual
68-24 financial report regarding the agency's use of appropriated money
68-25 during the preceding fiscal year to:
68-26 (1) the governor;
68-27 (2) the comptroller;
69-1 (3) the Legislative Reference Library;
69-2 (4) the state auditor; and
69-3 (5) the Legislative Budget Board.
69-4 (c) A state agency's [ The] annual financial report must
69-5 include[ :]
69-6 [ (1)] a detailed statement of all assets, liabilities,
69-7 and fund balances, including:
69-8 (1) [ (A)] cash on hand and on deposit in banks and
69-9 accounts in the state treasury;
69-10 (2) [ (B)] the value of consumable supplies and
69-12 (3) [ (C)] the value of the [ state] agency's inventory
69-13 of movable equipment and other fixed assets;
69-14 (4) [ (D)] all other assets;
69-15 (5) an itemization [ (E) a list] of the investments,
69-16 bonds, notes, and other securities owned by any special funds under
69-17 the agency's jurisdiction [ of the state agency], including the
69-18 amount and value of the securities;
69-19 (6) [ (F)] all money due the [ state] agency from any
69-21 (7) [ (G)] all outstanding commitments of the agency,
69-22 including amounts due for services or goods received by the agency;
69-23 (8) [ (H)] a summary by source of all revenue collected
69-24 or accruing through the [ state] agency; [ and]
69-25 (9) [ (I)] a summary of all appropriations,
69-26 expenditures, bona fide encumbrances, and other disbursements by
69-27 the [ state] agency; and
70-1 (10) [ (2) a list of all bonded employees, including
70-2 the name of the surety company, the name and title of the employee,
70-3 and the amount of the surety bond;]
70-4 [ (3) an analysis of space occupied by the state
70-5 agency, including:]
70-6 [ (A) the total number of square feet of space
70-7 rented by the agency;]
70-8 [ (B) the total number of square feet of occupied
70-9 space in state-owned buildings;]
70-10 [ (C) the name and address of each building in
70-11 which the state agency occupies space and the number of square feet
70-12 in each building devoted to a particular use;]
70-13 [ (D) the cost per square foot of all rented
70-15 [ (E) the annual and monthly cost of all rented
70-17 [ (F) the lessor of all rented space;]
70-18 [ (G) a statement of the state agency's progress
70-19 toward achieving the objective provided by Section 2165.104, if the
70-20 agency is subject to that section; and]
70-21 [ (H) other information helpful to describe the
70-22 state agency's use of space;]
70-23 [ (4) an itemized statement of all fees paid by the
70-24 state agency for professional and consulting services provided
70-25 under Chapter 2254, including the name of each person receiving
70-26 fees and the reason for the provision of the services;]
70-27 [ (5) an itemized statement of all legal services paid
71-1 by the state agency, other than services provided by an employee of
71-2 the agency or the attorney general, that includes the name of each
71-3 person receiving fees and the reason for the provision of the
71-5 [ (6) a copy of the report, relating to the state
71-6 agency's use and cost of operating aircraft that is state-owned or
71-7 under rental or long-term lease, prepared by the agency in
71-8 accordance with Section 2205.041;]
71-9 [ (7) a list of any purchases made under Section
71-10 2155.067, including each product purchased, the purchase amount,
71-11 and the name of each vendor;]
71-12 [ (8) for each fiscal year ending in an even-numbered
71-13 calendar year, a copy of the Master File Report Verification Form
71-14 certified by the General Land Office, if applicable to the state
71-15 agency, to confirm that the agency is in compliance with Subchapter
71-16 E, Chapter 31, Natural Resources Code, or, if the agency's
71-17 inventory record is not accurate and complete, a statement that the
71-18 appropriate forms will be submitted to the General Land Office not
71-19 later than the 15th day after the date of the annual report;]
71-20 [ (9) a copy of the report, relating to the state
71-21 agency's use of historically underutilized businesses, prepared by
71-22 the agency in accordance with Section 2161.124;]
71-23 [ (10) a report of any transfer of appropriated money
71-24 between appropriation items that shows the sum of all transfers
71-25 affecting a particular item;]
71-26 [ (11) a list of each passenger vehicle the state
71-27 agency purchased, including the make and model, purchase price,
72-1 assigned type of use, and fuel efficiency as expressed by the
72-2 manufacturer's fuel efficiency rating;]
72-3 [ (12) a schedule, applicable to state agencies
72-4 determined by the Legislative Budget Board, detailing total
72-5 expenditures by or on behalf of a state agency for employee
72-6 benefits, such as social security, health insurance, and retirement
72-7 contributions, benefit replacement pay, and workers' and
72-8 unemployment compensation payments; bond debt service; and
72-9 payments for general governmental services as determined by the
72-10 comptroller, including services of the comptroller, the attorney
72-11 general, the General Services Commission, the Department of
72-12 Information Resources, and the state auditor;]
72-13 [ (13) for an institution of higher education, the
72-14 total amount of lump-sum payments made to employees who separated
72-15 from state service during the fiscal year for accrued vacation and
72-16 compensatory leave; and]
72-17 [ (14)] any other financial information requested by
72-18 the comptroller.
72-19 SECTION 41. Subchapter B, Chapter 2101, Government Code, is
72-20 amended by adding Section 2101.0115 to read as follows:
72-21 Sec. 2101.0115. OTHER INFORMATION REQUIRED OF STATE
72-22 AGENCIES. (a) A state agency shall submit an annual report to:
72-23 (1) the governor;
72-24 (2) the comptroller;
72-25 (3) the Legislative Reference Library;
72-26 (4) the state auditor; and
72-27 (5) the Legislative Budget Board.
73-1 (b) A state agency's annual report must cover an entire
73-2 fiscal year. The agency shall submit the report not later than the
73-3 date and in the form prescribed by the comptroller.
73-4 (c) A state agency's annual report must include:
73-5 (1) the name and job title of each bonded agency
73-6 employee, the amount of the bond, and the name of the surety
73-7 company that issued the bond;
73-8 (2) an analysis of space occupied by the agency,
73-10 (A) the total amount of space rented by the
73-11 agency, expressed in square feet;
73-12 (B) the total amount of space occupied by the
73-13 agency in state-owned buildings, expressed in square feet;
73-14 (C) the name and address of each building in
73-15 which the agency occupies space and the amount of square feet in
73-16 each building devoted to each particular use;
73-17 (D) the cost per square foot of all rented
73-19 (E) the annual and monthly cost of all rented
73-21 (F) the name of each lessor of space rented by
73-22 the agency;
73-23 (G) a description of the agency's progress
73-24 toward achieving the objective provided by Section 2165.104, if the
73-25 agency is subject to that section; and
73-26 (H) any other information helpful to describe
73-27 the agency's use of space;
74-1 (3) an itemization of all fees paid by the agency for
74-2 professional or consulting services provided under Subchapter A or
74-3 B, Chapter 2254, including the name of each person receiving those
74-4 fees and the reason for the provision of the services;
74-5 (4) an itemization of all fees paid by the agency for
74-6 legal services, other than legal services provided by an agency
74-7 employee or the attorney general, including the name of each person
74-8 receiving those fees and the reason for the provision of the
74-10 (5) a copy of the form prepared by the agency under
74-11 Section 2205.041, relating to the agency's use and cost of
74-12 operating aircraft that are state-owned or under rental or
74-13 long-term lease;
74-14 (6) an itemization of any purchases made under Section
74-15 2155.067, including each product purchased, the amount of the
74-16 purchase, and the name of the vendor;
74-17 (7) for each fiscal year ending in an even-numbered
74-18 calendar year:
74-19 (A) a copy of the master file report
74-20 verification form certified by the General Land Office, if
74-21 applicable to the agency, to confirm that the agency is in
74-22 compliance with Subchapter E, Chapter 31, Natural Resources Code;
74-24 (B) if the agency's inventory record is
74-25 inaccurate or incomplete, a statement that the agency will submit
74-26 the appropriate forms to the General Land Office not later than the
74-27 15th day after the date the agency submits its annual report;
75-1 (8) a copy of the report prepared by the agency under
75-2 Section 2161.124, relating to the agency's use of historically
75-3 underutilized businesses;
75-4 (9) a report of each transfer of appropriated money
75-5 between appropriation items that shows the sum of all transfers
75-6 affecting each item;
75-7 (10) an itemization of each passenger vehicle the
75-8 agency purchased, including the make, model, purchase price,
75-9 assigned type of use, and fuel efficiency as expressed by the
75-10 manufacturer's fuel efficiency rating;
75-11 (11) a schedule, applicable to state agencies
75-12 determined by the Legislative Budget Board, detailing total
75-13 expenditures by or on behalf of the agency for:
75-14 (A) employee benefits, including social
75-15 security, health insurance, retirement contributions, benefit
75-16 replacement pay, and workers' and unemployment compensation
75-18 (B) bond debt service; and
75-19 (C) payments for general governmental services
75-20 as defined by the comptroller, including services of the
75-21 comptroller, the attorney general, the General Services Commission,
75-22 the Department of Information Resources, and the state auditor;
75-23 (12) for an institution of higher education, the total
75-24 amount of lump-sum vacation and compensatory leave payments made to
75-25 employees who separated from state service during the fiscal year;
75-26 (13) the name and job title of each state officer or
75-27 employee authorized to use a state-owned or state-leased vehicle
76-1 and the reasons for the authorization, in accordance with Section
76-2 2113.013; and
76-3 (14) a report of expenditures made for each commodity
76-4 or service identified under Section 2155.448, including:
76-5 (A) the total amount spent on those commodities
76-6 and services;
76-7 (B) the total amount spent for commodities and
76-8 services purchased that accomplish the same purpose; and
76-9 (C) the total amount spent for all other
76-10 recycled, remanufactured, or environmentally sensitive commodities
76-11 or services, itemized by type of commodity or service.
76-12 (d) In this section:
76-13 (1) "Annual report" means the annual report required
76-14 by this section.
76-15 (2) "Appropriated money" means money appropriated by
76-16 the legislature under the General Appropriations Act or other law.
76-17 (3) "Appropriation item" includes an item listed in
76-18 the General Appropriations Act under an informational listing of
76-19 appropriated funds.
76-20 SECTION 42. Section 2101.012(b), Government Code, is amended
76-21 to read as follows:
76-22 (b) The procedures must:
76-23 (1) comply with generally accepted accounting
76-24 principles as established by the Governmental Accounting Standards
76-25 Board and the American Institute of Certified Public Accountants or
76-26 their successors; and
76-27 (2) include the requirements for compliance with the
77-1 federal Single Audit Act of 1984 and Office of Management and
77-2 Budget Circular A-133 [ A-128] and any subsequent changes or
77-3 amendments that will fulfill the audit requirements for a statewide
77-4 single audit[ ; and]
77-5 [ (3) to provide for maximum consistency with the
77-6 national reporting system for higher education, incorporate insofar
77-7 as possible the provisions of the financial accounting and
77-8 reporting manual published by the National Association of College
77-9 and University Business Officers].
77-10 SECTION 43. Section 2103.004, Government Code, is amended to
77-11 read as follows:
77-12 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS.
77-13 (a) A warrant may not be drawn or an electronic funds transfer
77-14 initiated until:
77-15 (1) the state agency from whose appropriated or
77-16 unappropriated funds the warrant or electronic funds transfer is
77-17 payable has submitted a voucher to the comptroller;
77-18 (2) the state agency has approved the voucher in
77-19 accordance with this chapter; and
77-20 (3) the comptroller has audited and approved the
77-21 voucher as required by law.
77-22 (b) A state agency's approval of a voucher includes the
77-23 agency's approval of any interest that must be paid at the same
77-24 time the principal amount is paid to a vendor under Chapter 2251.
77-25 In this subsection, "state agency" has the meaning assigned by
77-26 Section 2251.001.
77-27 SECTION 44. Section 2107.008, Government Code, is amended to
78-1 read as follows:
78-2 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
78-3 PROHIBITED. (a) Except as provided by this section, a state
78-4 agency, as a ministerial duty, may not use funds in or outside of
78-5 the state treasury to pay a person if[ :]
78-6 [ (1)] Section 403.055 prohibits the comptroller from
78-7 issuing a warrant or initiating an electronic funds transfer to the
78-9 (b) Except as provided by this section, a state agency may
78-10 refuse to use funds in or outside of the state treasury to pay a
78-11 person if[ ; or]
78-12 [ (2)] the person is indebted to the state or has a tax
78-13 delinquency and[ ,] the agency is responsible for collecting that
78-14 indebtedness or delinquency. This subsection applies only if[ ,
78-15 and] Section 403.055 does not prohibit the comptroller from issuing
78-16 a warrant or initiating an electronic funds transfer to the person.
78-17 (c) [ (b)] A state agency may not pay the assignee of a
78-18 person that the agency may not pay under Subsection (a) [ (a)(1)] if
78-19 Section 403.055 prohibits the comptroller from issuing a warrant or
78-20 initiating an electronic funds transfer to the assignee. The
78-21 agency may refuse to [ not] pay the assignee of a person that the
78-22 agency may refuse to [ not] pay under Subsection (b) [ (a)(2)] if the
78-23 assignment became effective after the person became indebted to the
78-24 state or incurred a tax delinquency.
78-25 (d) [ (c)] A state agency that Subsection (a) prohibits from
78-26 making a payment to a person also is prohibited from paying any
78-27 part of that payment to:
79-1 (1) the person's estate;
79-2 (2) the distributees of the person's estate; or
79-3 (3) the person's surviving spouse.
79-4 (e) A state agency that may refuse to make a payment to a
79-5 person under Subsection (b) also may refuse to make any part of
79-6 that payment to:
79-7 (1) the person's estate;
79-8 (2) the distributees of the person's estate; or
79-9 (3) the person's surviving spouse.
79-10 (f) [ (d)] This section neither prohibits [ does not prohibit]
79-11 a state agency from paying nor authorizes a state agency to refuse
79-12 to pay a person [ subject to Subsection (a)(2)] or the person's
79-13 assignee if the agency determines that the person is complying with
79-14 an installment payment agreement or similar agreement between the
79-15 agency and that person to pay or eliminate the debt or delinquency.
79-16 (g) [ (e)] The comptroller may not reimburse a state agency
79-17 for a payment that the comptroller determines was made in violation
79-18 of Subsection (a) [ this section].
79-19 (h) [ (f)] Subsection (b) [ (a)(2)] does not authorize
79-20 [ prohibit] a state agency to refuse to pay [ from paying]:
79-21 (1) the compensation of a state officer or employee;
79-23 (2) the remuneration of an individual if the
79-24 remuneration is being paid by a private person through the agency.
79-25 (i) [ (g)] Subsection (b) [ (a)(2)] does not authorize
79-26 [ prohibit] a state agency to refuse to make [ from making] a payment
80-1 (1) the payment would be made in whole or in part with
80-2 money paid to the state by the United States; and
80-3 (2) the agency determines that federal law:
80-4 (A) requires the payment to be made; or
80-5 (B) conditions the state's receipt of the money
80-6 on the payment being made.
80-7 (j) [ (h)] A state agency may not refuse to make a payment
80-8 under Subsection (b) [ (a)(2)] before the agency has provided the
80-9 person with an opportunity to exercise any due process or other
80-10 constitutional or statutory protection that must be accommodated
80-11 before the agency or the state may begin a collection action or
80-13 (k) Subsection (a) does not prohibit a state agency from
80-14 making a payment if each state agency that properly reported the
80-15 person to the comptroller under Section 403.055(f) consents to the
80-17 (l) [ (i)] This section does not apply to the extent that
80-18 Section 57.482, Education Code, applies.
80-19 (m) [ (j)] This section applies to a payment only if the
80-20 comptroller is not responsible under Section 404.046, 404.069, or
80-21 2103.003 for issuing a warrant or initiating an electronic funds
80-22 transfer to make the payment.
80-23 (n) In [ (k) Notwithstanding Section 2107.001, in] this
80-25 (1) "Compensation," [ "compensation," "state agency,"]
80-26 "state officer or employee," and "tax delinquency" have the
80-27 meanings assigned by Section 403.055.
81-1 (2) "State agency" has the meaning assigned by Section
81-2 403.055, notwithstanding Section 2107.001.
81-3 SECTION 45. Section 2110.001, Government Code, is amended to
81-4 read as follows:
81-5 Sec. 2110.001. DEFINITION. In this chapter, "advisory
81-6 committee" means a committee, council, commission, task force, or
81-7 other entity with multiple members [ in the executive branch of
81-8 state government] that[ :]
81-9 [ (1) is not a state agency;]
81-10 [ (2) is created by or under state law; and]
81-11 [ (3)] has as its primary function advising a state
81-12 agency in the executive branch of state government.
81-13 SECTION 46. Chapter 2110, Government Code, is amended by
81-14 adding Sections 2110.0011 and 2110.0012 to read as follows:
81-15 Sec. 2110.0011. APPLICABILITY OF CHAPTER. This chapter
81-16 applies unless and to the extent:
81-17 (1) another state law specifically states that this
81-18 chapter does not apply; or
81-19 (2) a federal law or regulation:
81-20 (A) imposes an unconditional requirement that
81-21 irreconcilably conflicts with this chapter; or
81-22 (B) imposes a condition on the state's
81-23 eligibility to receive money from the federal government that
81-24 irreconcilably conflicts with this chapter.
81-25 Sec. 2110.0012. ESTABLISHMENT OF ADVISORY COMMITTEES. For
81-26 purposes of this chapter, a state agency has established an
81-27 advisory committee if:
82-1 (1) state or federal law has specifically created the
82-2 committee to advise the agency; or
82-3 (2) the agency has, under state or federal law,
82-4 created the committee to advise the agency.
82-5 SECTION 47. Section 2110.002, Government Code, is amended to
82-6 read as follows:
82-7 Sec. 2110.002. COMPOSITION OF ADVISORY COMMITTEES. (a) An
82-8 [ Notwithstanding other law, an] advisory committee must be composed
82-9 of a reasonable number of members not to exceed 24.
82-10 (b) The composition of an advisory [ the] committee that
82-11 advises a state agency regarding an industry or occupation
82-12 regulated or directly affected by the agency must [ also] provide a
82-13 balanced representation between:
82-14 (1) the industry or occupation [ industries or
82-15 occupations regulated or directly affected by the advised state
82-16 agency]; and
82-17 (2) consumers of services provided [ either] by the
82-18 [ advised state] agency, industry, or occupation [ or by industries
82-19 or occupations regulated by the agency].
82-20 [ (b) This section does not apply to an advisory committee if
82-21 the committee must be composed in a manner that is inconsistent
82-22 with this section under federal law or for federal funding
82-24 SECTION 48. Section 2110.003(a), Government Code, is amended
82-25 to read as follows:
82-26 (a) An advisory committee shall select from among its
82-27 members a presiding officer[ , unless a different procedure for
83-1 selecting the presiding officer is prescribed by other law].
83-2 SECTION 49. Section 2110.005, Government Code, is amended to
83-3 read as follows:
83-4 Sec. 2110.005. AGENCY-DEVELOPED STATEMENT OF PURPOSE AND
83-5 TASKS; REPORTING REQUIREMENTS. A state agency that establishes [ is
83-6 advised by] an advisory committee shall by rule [ adopt rules that]:
83-7 (1) state the purpose and tasks of the committee; and
83-8 (2) describe [ the task of the committee and] the
83-9 manner in which the committee will report to the agency.
83-10 SECTION 50. Section 2110.006, Government Code, is amended to
83-11 read as follows:
83-12 Sec. 2110.006. AGENCY EVALUATION OF COMMITTEE COSTS AND
83-13 EFFECTIVENESS. A state agency that has established [ is advised by]
83-14 an advisory committee shall evaluate annually:
83-15 (1) the committee's work;
83-16 (2) the committee's usefulness; and
83-17 (3) the costs related to the committee's existence,
83-18 including the cost of agency staff time spent in support of the
83-19 committee's activities.
83-20 SECTION 51. Section 2110.007, Government Code, is amended to
83-21 read as follows:
83-22 Sec. 2110.007. REPORT TO THE LEGISLATIVE BUDGET BOARD. A
83-23 state agency that has established [ is advised by] an advisory
83-24 committee shall report to the Legislative Budget Board the
83-25 information developed in the evaluation required by Section
83-26 2110.006. The agency shall file the report biennially in
83-27 connection with the agency's request for appropriations.
84-1 SECTION 52. Section 2110.008, Government Code, is amended to
84-2 read as follows:
84-3 Sec. 2110.008. DURATION OF ADVISORY COMMITTEES. (a) A state
84-4 agency that has established [ is advised by] an advisory committee
84-5 may designate the [ shall establish by rule a] date on which the
84-6 committee will automatically be abolished. The designation must be
84-7 by rule. The [ advisory] committee may continue in existence after
84-8 that date only if the [ governing body of the] agency amends the
84-9 rule to provide for a different abolishment date [ affirmatively
84-10 votes to continue the committee in existence].
84-11 (b) Unless the state agency that establishes an [ An]
84-12 advisory committee designates a different date under Subsection
84-13 (a), the committee is automatically abolished on the later of:
84-14 (1) September 1, 2005; or
84-15 (2) the fourth anniversary of the date of its creation
84-16 [ unless the governing body of the agency establishes a different
84-17 date under Subsection (a)].
84-18 (c) An advisory committee that state or federal law has
84-19 specifically created as described in Section 2110.0012(1) is
84-20 considered for purposes of Subsection (b)(2) to have been created
84-21 on the effective date of that law unless the law specifically
84-22 provides for a different date of creation.
84-23 (d) This section does not apply to an advisory committee
84-24 that has a specific duration prescribed by statute.
84-25 SECTION 53. Section 2113.001, Government Code, as added by
84-26 Chapter 1498, Acts of the 76th Legislature, Regular Session, 1999,
84-27 is reenacted and amended to read as follows:
85-1 Sec. 2113.001. DEFINITIONS. Except as otherwise provided by
85-2 this chapter, in [ In] this chapter:
85-3 (1) "Appropriated money" means money appropriated by
85-4 the legislature through the General Appropriations Act or other
85-6 (2) "State agency" means:
85-7 (A) a department, commission, board, office, or
85-8 other entity in the executive branch of state government;
85-9 (B) the supreme court, the court of criminal
85-10 appeals, another entity in the judicial branch of state government
85-11 with statewide authority, or a court of appeals; or
85-12 (C) a university system or an institution of
85-13 higher education as defined by Section 61.003, Education Code,
85-14 except that a public junior college is excluded from the meaning of
85-15 the term in [ Subchapter D and] all of Subchapter C except Section
85-16 2113.101 and all of Subchapter D except Section 2113.205.
85-17 SECTION 54. Section 2113.013(b), Government Code, is amended
85-18 to read as follows:
85-19 (b) The administrative head of a state agency may authorize
85-20 an officer or employee to use a state-owned or state-leased motor
85-21 vehicle to commute to and from work when the administrative head
85-22 determines that the use may be necessary to ensure that vital
85-23 agency functions are performed. The name and job title of each
85-24 individual authorized under this subsection, and the reasons for
85-25 the authorization, must be included in the [ annual] report required
85-26 by Section 2101.0115 [ law].
85-27 SECTION 55. Section 2113.205, Government Code, is reenacted
86-1 and amended to read as follows:
86-2 Sec. 2113.205. CERTAIN EXPENDITURES INVOLVING MULTIPLE [ TWO]
86-3 FISCAL YEARS. (a) Except as provided by this subsection, a [ The
86-4 comptroller shall adopt rules to permit] state agency may [ agencies
86-5 to] use money appropriated for a particular fiscal year to pay
86-6 expenses related to conducting or attending a seminar or a
86-7 conference only to the extent it occurs during that year. To the
86-8 extent that it is cost-effective, a state agency may use money
86-9 appropriated for a particular fiscal year to pay expenses related
86-10 to conducting or attending a seminar or conference [ seminars and
86-11 conferences] that will [ not] occur partly or entirely during a
86-12 different [ until the next] fiscal year [ in circumstances when it is
86-13 cost-effective to do so].
86-14 (b) A [ The comptroller also shall adopt rules to permit]
86-15 state agency may [ agencies to] use money appropriated for a
86-16 particular fiscal year to pay the entire cost or amount of a
86-17 [ expenses for items such as] periodical [ subscriptions and monthly
86-18 utility charges in circumstances when the billing or] subscription,
86-19 a maintenance contract, a post office box rental, insurance, or a
86-20 surety or honesty bond, regardless of whether it covers more than
86-21 one [ period extends to the next] fiscal year.
86-22 (c) A state agency may use money appropriated for a
86-23 particular fiscal year to pay for a utility service provided during
86-24 that fiscal year and September of the next fiscal year.
86-25 (d) The comptroller may establish procedures and adopt rules
86-26 to administer this section.
86-27 (e) In this section:
87-1 (1) "Institution of higher education" has the meaning
87-2 assigned by Section 61.003, Education Code.
87-3 (2) "State agency" means:
87-4 (A) a department, commission, board, office, or
87-5 other entity in the executive branch of state government, including
87-6 an institution of higher education;
87-7 (B) the supreme court, the court of criminal
87-8 appeals, another entity in the judicial branch of state government
87-9 with statewide authority, or a court of appeals; or
87-10 (C) the legislature or another entity in the
87-11 legislative branch of state government with statewide authority.
87-12 (3) "Utility service" means:
87-13 (A) the furnishing of electricity, water, or
87-14 natural gas;
87-15 (B) a telecommunications service, a wastewater
87-16 treatment service, or a waste disposal service; or
87-17 (C) any similar commodity or service that the
87-18 comptroller considers to be a utility service.
87-19 SECTION 56. Section 2155.004, Government Code, is amended to
87-20 read as follows:
87-21 Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED. (a) A
87-22 state agency may not accept a bid or award a contract that includes
87-23 proposed financial participation by a person who received
87-24 compensation from the agency to participate in preparing the
87-25 specifications or request for proposals on which the bid or
87-26 contract is based.
87-27 (b) [ A state agency may not accept a bid or award a contract
88-1 to any individual not residing in this state or business entity not
88-2 incorporated in or whose principal domicile is not in this state
88-3 unless the individual or business entity:]
88-4 [ (1) holds a permit issued by the comptroller to
88-5 collect or remit all state and local sales and use taxes that
88-6 become due and owing as a result of the individual's or entity's
88-7 business in this state; or]
88-8 [ (2) certifies that it does not sell tangible personal
88-9 property or services that are subject to the state and local sales
88-10 and use tax.]
88-11 [ (c)] A bid or award subject to the requirements of this
88-12 section must include the following statement:
88-13 "Under Section 2155.004, Government Code, the vendor
88-14 certifies that the individual or business entity named in this bid
88-15 or contract is not ineligible to receive the specified contract and
88-16 acknowledges that this contract may be terminated and payment
88-17 withheld if this certification is inaccurate."
88-18 (c) [ (d)] If a state agency determines that an individual or
88-19 business entity holding a state contract was ineligible to have the
88-20 contract accepted or awarded under Subsection (a) [ or (b)], the
88-21 state agency may immediately terminate the contract without further
88-22 obligation to the vendor.
88-23 (d) [ (e) If the certification required under Subsection
88-24 (b)(2) is shown to be false, the vendor is liable to the state for
88-25 attorney's fees, the costs necessary to complete the contract,
88-26 including the cost of advertising and awarding a second contract,
88-27 and any other damages provided by law or contract.]
89-1 [ (f)] This section does not create a cause of action to
89-2 contest a bid or award of a state contract.
89-3 (e) [ (g) In the absence of a certification by the vendor
89-4 under Subsection (b)(2), the purchasing state agency shall
89-5 determine if a prospective vendor holds a permit for the collection
89-6 and remission of state and local sales and use taxes.]
89-7 [ (h)] This section does not prohibit a bidder or contract
89-8 participant from providing free technical assistance to a state
89-10 SECTION 57. Section 2155.448(c), Government Code, is amended
89-11 to read as follows:
89-12 (c) A state agency shall include [ report] in the [ its annual
89-13 financial] report required by Section 2101.0115, and in an annual
89-14 report to the commission at a date and in a manner and form
89-15 prescribed by the commission, the expenditures made during the
89-16 preceding state fiscal year for each of the commodities or services
89-17 identified under Subsection (a). The annual report must at a
89-18 minimum identify the total amount spent on those commodities and
89-19 services and the total amount spent for commodities and services
89-20 purchased that accomplish the same purpose. State [ Additionally,
89-21 state] agencies shall include in the reports [ report] the amount
89-22 spent for all other recycled, remanufactured, and environmentally
89-23 sensitive commodities and services by type of commodity and service
89-24 [ as prescribed by the commission].
89-25 SECTION 58. Section 2166.402, Government Code, is amended to
89-26 read as follows:
89-27 Sec. 2166.402. Energy Conservation Standards for Entities
90-1 Otherwise Excluded From Chapter. (a) The governing body of a state
90-2 agency, commission, or institution that is exempt from this chapter
90-3 under Section 2166.003 shall adopt and publish energy conservation
90-4 design standards as provided by Section 447.004 for a new building
90-5 under the entity's authority. The standards must be:
90-6 (1) consistent with those adopted by the commission
90-7 for other state buildings; and
90-8 (2) prepared in cooperation and consultation with the
90-9 state energy conservation [ management center of the governor's]
90-11 (b) The state energy conservation [ management center of the
90-12 governor's] office shall assist the [ a] governing body of a state
90-13 agency, commission, or institution subject to Subsection (a) in
90-14 preparing energy conservation standards by providing technical
90-15 assistance and advice.
90-16 SECTION 59. Section 2175.242(c), Government Code, is amended
90-17 to read as follows:
90-18 (c) This subchapter does not affect Section 403.273, which
90-19 provides for the deletion from state property accounting records of
90-20 a state agency's missing property [ on the state auditor's
90-22 SECTION 60. Section 2251.001, Government Code, is amended to
90-23 read as follows:
90-24 Sec. 2251.001. DEFINITIONS. Except as otherwise provided by
90-25 this chapter, in [ In] this chapter:
90-26 (1) "Distribution date" means:
90-27 (A) if no payment law prohibits the comptroller
91-1 from issuing a warrant, the date the comptroller makes the warrant
91-3 (i) for mailing directly to its payee
91-4 under Section 2155.382(c); or
91-5 (ii) to the state agency that requested
91-6 issuance of the warrant;
91-7 (B) if no payment law prohibits the comptroller
91-8 from initiating an electronic funds transfer, the date the
91-9 comptroller initiates the transfer;
91-10 (C) if a payment law prohibits the comptroller
91-11 from issuing a warrant, the date the comptroller would have made
91-12 the warrant available, in the absence of the payment law:
91-13 (i) for mailing directly to its payee
91-14 under Section 2155.382(c); or
91-15 (ii) to the state agency that requested
91-16 issuance of the warrant; or
91-17 (D) if a payment law prohibits the comptroller
91-18 from initiating an electronic funds transfer, the date the
91-19 comptroller would have made the warrant prepared under Section
91-20 403.0552(b) available, in the absence of the payment law:
91-21 (i) for mailing directly to its payee
91-22 under Section 2155.382(c); or
91-23 (ii) to the state agency that requested
91-24 initiation of the transfer.
91-25 (2) "Goods" includes supplies, materials, or
91-27 (3) [ (2)] "Governmental entity" means a state agency
92-1 or political subdivision of this state.
92-2 (4) [ (3)] "Payment" means money owed to a vendor.
92-3 (5) "Payment law" means:
92-4 (A) Section 57.48 or 57.482, Education Code;
92-5 (B) Section 231.007, Family Code;
92-6 (C) Section 403.055 or 2107.008; or
92-7 (D) any similar statute.
92-8 (6) [ (4)] "Political subdivision" means:
92-9 (A) a county;
92-10 (B) a municipality;
92-11 (C) a public school district; or
92-12 (D) a special-purpose district or authority.
92-13 (7) [ (5)] "Service" includes gas and water utility
92-15 (8) [ (6)] "State agency" means:
92-16 (A) a board, commission, department, office, or
92-17 other agency in the executive branch of state government that is
92-18 created by the constitution or a statute of this state, including a
92-19 river authority and an institution of higher education as defined
92-20 by Section 61.003, Education Code;
92-21 (B) the legislature or a legislative agency; or
92-22 (C) the Supreme Court of Texas, the Court of
92-23 Criminal Appeals of Texas, a court of appeals, a state judicial
92-24 agency, or the State Bar of Texas.
92-25 (9) [ (7)] "Subcontractor" means a person who contracts
92-26 with a vendor to work or contribute toward completing work for a
92-27 governmental entity. The term does not include a state agency. The
93-1 term includes an officer or employee of a state agency when the
93-2 officer or employee contracts with a vendor in a private capacity.
93-3 (10) [ (8)] "Vendor" means a person who supplies goods
93-4 or a service [ services] to a governmental entity or another person
93-5 directed by the entity. The term does not include a state agency,
93-6 except for [ includes] Texas Correctional Industries. The term
93-7 includes an officer or employee of a state agency when acting in a
93-8 private capacity to supply goods or a service.
93-9 SECTION 61. Section 2251.002(a), Government Code, is amended
93-10 to read as follows:
93-11 (a) This chapter does not apply to a payment made by a
93-12 governmental entity, vendor, or subcontractor if:
93-13 (1) there is a bona fide dispute between the political
93-14 subdivision and a vendor, contractor, subcontractor, or supplier
93-15 about the goods delivered or the service [ services] performed that
93-16 causes the payment to be late;
93-17 (2) there is a bona fide dispute between a vendor and
93-18 a subcontractor or between a subcontractor and its supplier about
93-19 the goods delivered or the service [ services] performed that causes
93-20 the payment to be late;
93-21 (3) the terms of a federal contract, grant,
93-22 regulation, or statute prevent the governmental entity from making
93-23 a timely payment with federal funds; or
93-24 (4) the invoice is not mailed to the person to whom it
93-25 is addressed in strict accordance with any instruction on the
93-26 purchase order relating to the payment.
93-27 SECTION 62. Section 2251.003, Government Code, is amended to
94-1 read as follows:
94-2 Sec. 2251.003. RULES. The General Services Commission shall
94-3 establish procedures and adopt rules to administer [ implement] this
94-4 chapter, except that the commission may not establish a procedure
94-5 or adopt a rule that conflicts with a procedure established or a
94-6 rule adopted by the comptroller under Section 2251.026(i).
94-7 SECTION 63. Section 2251.021, Government Code, is amended by
94-8 amending Subsection (a) and adding Subsection (d) to read as
94-10 (a) Except as provided by Subsection (b), a payment by a
94-11 governmental entity under a contract executed on or after September
94-12 1, 1987, is overdue on the 31st day after the later of:
94-13 (1) the date the governmental entity receives the
94-14 goods under the contract;
94-15 (2) the date the performance of the service under the
94-16 contract is completed; or
94-17 (3) the date the governmental entity receives an
94-18 invoice for the goods or service [ services].
94-19 (d) For purposes of this section, the renewal, amendment, or
94-20 extension of a contract executed on or before September 1, 1993, is
94-21 considered to be the execution of a new contract.
94-22 SECTION 64. Section 2251.025, Government Code, is amended by
94-23 amending Subsections (a) and (c) and adding Subsection (d) to read
94-24 as follows:
94-25 (a) A payment begins to accrue interest on the date the
94-26 payment becomes [ is] overdue.
94-27 (c) Interest on an overdue payment stops accruing on the
95-1 date the governmental entity or vendor mails or electronically
95-2 transmits the payment. In this subsection, "governmental entity"
95-3 does not include a state agency.
95-4 (d) This subsection applies only if the comptroller is not
95-5 responsible for issuing a warrant or initiating an electronic funds
95-6 transfer to pay the principal amount owed by a state agency to a
95-7 vendor. The accrual of interest on an overdue payment to the
95-9 (1) stops on the date the agency mails or
95-10 electronically transmits the payment; and
95-11 (2) is not suspended during any period that a payment
95-12 law prohibits the agency from paying the vendor.
95-13 SECTION 65. Section 2251.025(b), Government Code, is amended
95-14 to read as follows:
95-15 (b) Interest accrues on an [ An] overdue payment [ bears
95-16 interest] at the rate of one percent each month.
95-17 SECTION 66. (a) Section 2251.025, Government Code, is
95-18 amended by adding Subsection (e) to read as follows:
95-19 (e) This subsection applies only if the comptroller is
95-20 responsible for issuing a warrant or initiating an electronic funds
95-21 transfer to pay the principal amount owed by a state agency to a
95-22 vendor. Interest on an overdue payment to the vendor:
95-23 (1) stops accruing on its distribution date; and
95-24 (2) does not accrue at all if, on the date the
95-25 comptroller would issue a warrant or initiate an electronic funds
95-26 transfer to make the payment, a payment law prohibits the
95-27 comptroller from issuing the warrant or initiating the transfer.
96-1 (b) The addition of Subsection (e) to Section 2251.025,
96-2 Government Code, by Subsection (a) of this section is intended to
96-3 reflect existing law and does not imply that the law as it existed
96-4 before the effective date of this section is substantively
96-5 different from the law as it exists on and after the effective date
96-6 of this section.
96-7 (c) If Section 53(a) of this Act takes effect on the same
96-8 date this section would otherwise take effect, this section has no
96-10 (d) Section 2251.025(e), Government Code, as added by this
96-11 section, expires on the date Section 2251.025(e), Government Code,
96-12 is added by Section 53 of this Act.
96-13 SECTION 67. (a) Effective on the date determined as provided
96-14 by Subsection (b) of this section, Section 2251.025, Government
96-15 Code, is amended by adding Subsection (e) to read as follows:
96-16 (e) This subsection applies only if the comptroller is
96-17 responsible for issuing a warrant or initiating an electronic funds
96-18 transfer to pay the principal amount owed by a state agency to a
96-19 vendor. Interest on an overdue payment to the vendor:
96-20 (1) stops accruing on its distribution date; and
96-21 (2) does not stop accruing during any period that a
96-22 payment law prohibits the comptroller from issuing the warrant or
96-23 initiating the transfer.
96-24 (b) The changes in law made by Subsection (a) of this
96-25 section take effect on the date the comptroller files a
96-26 certification with the secretary of state that the comptroller has
96-27 completed modifications to the uniform statewide accounting system
97-1 to enable compliance with Section 2251.025(e), Government Code, as
97-2 added by Subsection (a) of this section. The secretary of state
97-3 shall publish in the Texas Register the certification filed by the
97-4 comptroller under this subsection.
97-5 SECTION 68. Section 2251.026, Government Code, is amended to
97-6 read as follows:
97-7 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. (a) A
97-8 [ If the warrant for a payment the originating] state agency is
97-9 liable for any interest that accrues on an overdue payment under
97-10 this chapter and shall pay the interest from funds appropriated or
97-11 otherwise available to the agency at the same time the principal is
97-12 paid [ owes is not mailed or electronically transmitted before the
97-13 payment is overdue, the agency is liable for an interest payment
97-14 that accrues under this chapter].
97-15 (b) The comptroller shall issue a warrant or initiate an
97-16 electronic funds transfer on behalf of a state agency to pay any
97-17 interest that the agency must pay under Subsection (a) if the
97-18 comptroller is responsible for issuing a warrant or initiating an
97-19 electronic funds transfer to pay the principal amount on behalf of
97-20 the agency.
97-21 (c) The comptroller shall determine the amount of [ compute]
97-22 interest that accrues on an overdue payment by a [ imposed on the]
97-23 state agency under this chapter if the comptroller is responsible
97-24 for issuing a warrant or initiating an electronic funds transfer to
97-25 pay the principal amount on behalf of the agency.
97-26 (d) A state agency shall determine the amount of interest
97-27 that accrues on an overdue payment by the agency under this chapter
98-1 if the comptroller is not responsible for issuing a warrant or
98-2 initiating an electronic funds transfer to pay the principal amount
98-3 on behalf of the agency.
98-4 (e) The comptroller or state agency shall submit the
98-5 interest payment with the net amount due for the goods or services
98-6 [ (c) The comptroller shall pay the interest at the time payment is
98-7 made on the principal.]
98-8 [ (d) The comptroller shall submit the interest payment with
98-9 the net amount due for goods and services].
98-10 (f) Neither the [ (e) The] comptroller nor a [ and the] state
98-11 agency may [ not] require a vendor to request payment of the
98-12 interest that accrues under this chapter before [ petition, bill, or
98-13 wait an additional day to receive] the interest is paid to the
98-14 vendor [ due].
98-15 (g) [ (f)] The comptroller may require a state agency to
98-16 submit any information the comptroller determines necessary [ and
98-17 timely information and adopt rules] to administer and comply with
98-18 Subsections (b) and (c). The information must be submitted at the
98-19 time and in the manner required by the comptroller [ this section].
98-20 (h) The comptroller may require a state agency to change its
98-21 accounting systems or procedure as the comptroller determines
98-22 necessary to administer and comply with Subsections (b) and (c).
98-23 Any changes must conform with the comptroller's requirements.
98-24 (i) The comptroller may establish procedures and adopt rules
98-25 to administer Subsections (b), (c), (g), and (h).
98-26 SECTION 69. Section 2251.027(c), Government Code, is amended
98-27 to read as follows:
99-1 (c) The political subdivision shall submit the interest
99-2 payment with the net amount due for the goods or service [ and
99-4 SECTION 70. Section 2251.030(d), Government Code, is amended
99-5 to read as follows:
99-6 (d) A state agency, when paying for the goods or service
99-7 [ and services] purchased under an agreement that includes a prompt
99-8 or early payment discount, shall submit the necessary payment
99-9 documents or information to the comptroller sufficiently in advance
99-10 of the prompt or early payment deadline to allow the comptroller or
99-11 the agency to pay the vendor in time to obtain the discount.
99-12 SECTION 71. Subchapter Z, Chapter 2252, Government Code, is
99-13 amended by adding Section 2252.903 to read as follows:
99-14 Sec. 2252.903. CONTRACTING WITH PERSONS WHO HAVE CERTAIN
99-15 DEBTS OR DELINQUENCIES. (a) Each state agency shall determine
99-16 whether a payment law prohibits the comptroller from issuing a
99-17 warrant or initiating an electronic funds transfer to a person
99-18 before the agency enters into a written contract with that person.
99-19 The agency shall make this determination not earlier than the
99-20 seventh day before and not later than the date of entering into the
99-21 contract. The determination must be made in accordance with the
99-22 comptroller's requirements.
99-23 (b) This subsection applies if the agency determines that a
99-24 payment law prohibits the comptroller from issuing a warrant or
99-25 initiating an electronic funds transfer to the person. The agency
99-26 may not enter into a written contract with the person unless:
99-27 (1) the contract requires the agency's payments under
100-1 the contract to be applied directly toward eliminating the person's
100-2 debt or delinquency; and
100-3 (2) the requirement described in Subdivision (1)
100-4 specifically applies to any debt or delinquency, regardless of when
100-5 it arises.
100-6 (c) The comptroller may determine the order in which a
100-7 person's multiple types of debts or delinquencies are reduced or
100-8 eliminated under this section.
100-9 (d) The comptroller may adopt rules and establish procedures
100-10 to administer this section.
100-11 (e) In this section:
100-12 (1) "Debt or delinquency" means a debt, tax
100-13 delinquency, student loan delinquency, or child support delinquency
100-14 that results in a payment law prohibiting the comptroller from
100-15 issuing a warrant or initiating an electronic funds transfer.
100-16 (2) "Payment law" means:
100-17 (A) Section 57.48, Education Code;
100-18 (B) Section 231.007, Family Code;
100-19 (C) Section 403.055; or
100-20 (D) any similar law that prohibits the
100-21 comptroller from issuing a warrant or initiating an electronic
100-22 funds transfer to a person.
100-23 (3) "State agency" has the meaning assigned by Section
100-25 SECTION 72. Section 2260.005, Government Code, is amended to
100-26 read as follows:
100-27 Sec. 2260.005. Exclusive Procedure. Subject to Section
101-1 2260.007, the [ The] procedures contained in this chapter are
101-2 exclusive and required prerequisites to suit in accordance with
101-3 Chapter 107, Civil Practice and Remedies Code.
101-4 SECTION 73. Subchapter A, Chapter 2260, Government Code, is
101-5 amended by adding Section 2260.007 to read as follows:
101-6 Sec. 2260.007. LEGISLATIVE PERMISSION TO SUE. (a)
101-7 Notwithstanding Section 2260.005, the legislature retains the
101-8 authority to deny or grant a waiver of immunity to suit against a
101-9 unit of state government by statute, resolution, or any other means
101-10 the legislature may determine appropriate.
101-11 (b) This chapter does not and may not be interpreted to:
101-12 (1) divest the legislature of the authority to grant
101-13 permission to sue a unit of state government on the terms,
101-14 conditions, and procedures that the legislature may specify in the
101-15 measure granting the permission;
101-16 (2) require that the legislature, in granting or
101-17 denying permission to sue a unit of state government, comply with
101-18 this chapter; or
101-19 (3) limit in any way the effect of a legislative grant
101-20 of permission to sue a unit of state government unless the grant
101-21 itself provides that this chapter may have that effect.
101-22 SECTION 74. Section 2305.002(3), Government Code, is amended
101-23 to read as follows:
101-24 (3) "Energy office" means the state energy
101-25 conservation office [ of the General Services Commission].
101-26 SECTION 75. The heading to Section 2305.011, Government Code,
101-27 is amended to read as follows:
102-1 Sec. 2305.011. ADMINISTRATION BY COMPTROLLER [ GENERAL
102-2 SERVICES COMMISSION] AND ENERGY OFFICE.
102-3 SECTION 76. Section 2305.011, Government Code, is amended by
102-4 adding Subsection (f) to read as follows:
102-5 (f) The comptroller may establish procedures and adopt rules
102-6 as necessary to administer the programs prescribed by this chapter.
102-7 SECTION 77. Section 2305.022, Government Code, is amended to
102-8 read as follows:
102-9 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
102-10 used only by the governor and the comptroller [ General Services
102-11 Commission] to implement and operate the programs authorized by
102-12 this chapter.
102-13 SECTION 78. (a) RETROFITTING OF RECIPROCATING INTERNAL
102-14 COMBUSTION ENGINES ASSOCIATED WITH PIPELINES. Subchapter C, Chapter
102-15 382, Health and Safety Code, is amended by adding Section
102-16 382.051865 to read as follows:
102-17 Sec. 382.051865. REIMBURSEMENT PROGRAM FOR CERTAIN EMISSIONS
102-18 REDUCTIONS FROM RECIPROCATING INTERNAL COMBUSTION ENGINES
102-19 ASSOCIATED WITH PIPELINES. (a) The commission by rule may develop
102-20 a program for the reduction of emissions of nitrogen oxides from
102-21 reciprocating internal combustion engines associated with pipelines
102-22 that are required by this subchapter to reduce hourly emissions of
102-23 nitrogen oxides by at least 50 percent. In developing a program
102-24 under this section the commission must cooperate with:
102-25 (1) local governments;
102-26 (2) agencies, departments, and political subdivisions
102-27 of the state; and
103-1 (3) the United States and its agencies.
103-2 (b) The commission may authorize the executive director to
103-3 enter into contracts with a public agency, private person, or other
103-4 entity for the purpose of implementing the emissions reduction
103-5 program developed under this section.
103-6 (c) The emissions reduction program may include incentives
103-7 as developed by the commission for nitrogen oxides emissions
103-8 reduction projects for reciprocating internal combustion engines
103-9 described by Subsection (a), including a partial reimbursement for
103-10 the capital cost of installing technology to reduce the emissions.
103-11 The incentives may be applied only to expenses of projects to
103-12 achieve those reductions of a reciprocating internal combustion
103-13 engine's hourly emissions of nitrogen oxides only to the extent the
103-14 reductions exceed 30 percent and do not exceed 50 percent of the
103-15 engine's emissions before modification.
103-16 (d) Rules adopted under this section must include criteria
103-17 for the determining eligibility for an emissions reduction project
103-18 incentive under the program. To be eligible under the criteria, a
103-19 facility must:
103-20 (1) be subject to the requirement under this
103-21 subchapter that it reduce emissions by 50 percent;
103-22 (2) be reducing its hourly emissions of nitrogen
103-23 oxides by at least 50 percent; and
103-24 (3) be located in the East Texas region established by
103-25 this subchapter for purposes of compliance with permit requirements
103-26 for facilities affected by Section 382.0518(g).
103-27 (e) This section does not affect the responsibility or
104-1 liability of an owner or operator of a reciprocating internal
104-2 combustion engine to reduce emissions under this chapter or a rule,
104-3 permit, or order adopted under this chapter by the commission.
104-4 (f) In addition to other requirements imposed by the
104-5 commission, to be eligible for an incentive under the program
104-6 established under this section, an emissions reduction project must
104-8 (1) initiated on or before September 1, 2006; and
104-9 (2) completed before March 1, 2007.
104-10 (g) The commission may not pay or otherwise provide a
104-11 financial incentive for an emissions reduction project before the
104-12 project is complete. The commission may require verification of
104-13 the reductions associated with the project before the commission
104-14 pays an incentive. The commission may not pay or otherwise provide
104-15 a financial incentive on or after March 1, 2007.
104-16 (h) Notwithstanding any other law, gifts or contributions by
104-17 an electric utility or an affiliated power generating company to a
104-18 program implemented under this section shall be:
104-19 (1) considered tangible or intangible capital costs to
104-20 improve air quality;
104-21 (2) deemed to be incurred before January 1, 2002;
104-22 (3) included in the electric utility's
104-23 generation-related invested capital; and
104-24 (4) deemed to be a cost to offset the emission of
104-25 airborne contaminants from electric generating facilities that is:
104-26 (A) an essential component in achieving
104-27 compliance with a national ambient air quality standard;
105-1 (B) deemed to be the most cost effective after
105-2 consideration of alternative measures; and
105-3 (C) consistent with the air quality goals and
105-4 policies of the commission.
105-5 (i) This section expires March 1, 2007.
105-6 (b) EMISSIONS REDUCTIONS INCENTIVES ACCOUNT. (1) The
105-7 comptroller of public accounts shall establish an account within
105-8 the clean air account no. 151 to be known as the emissions
105-9 reductions incentives account.
105-10 (2) The emissions reductions incentives account
105-11 consists of money from:
105-12 (A) gifts, grants, or donations to the account
105-13 for a designated or general use; and
105-14 (B) money from any other source the legislature
105-16 (3) The commission may use the money in the emissions
105-17 reductions incentives account to pay for emissions reduction
105-18 project incentives under a program developed under Section
105-19 382.051865, Health and Safety Code, and administrative expenses
105-20 associated with providing the incentives or the incentive program
105-21 established under that section.
105-22 (4) The emissions reductions incentives account is
105-23 exempt from the application of Section 403.095, Government Code.
105-24 (c) APPROPRIATIONS. The following amounts are appropriated
105-25 to the Texas Natural Resource Conservation Commission to provide
105-26 incentives for the reduction of air emissions from reciprocating
105-27 internal combustion engines associated with pipelines:
106-1 (A) up to $16,200,000 for the fiscal year beginning on
106-2 September 1, 2001, from the emissions reductions incentives account
106-3 within the clean air account no. 151;
106-4 (B) all interest earned on money in the emissions
106-5 reductions incentives account within the clean air account no. 151
106-6 during the fiscal year beginning on September 1, 2001, for that
106-7 fiscal year;
106-8 (C) any balance in the emissions reductions incentives
106-9 account within the clean air account no. 151 from the appropriation
106-10 made by Subsections (a)(1) and (2) unexpended as of August 31,
106-11 2002, for the fiscal year beginning on September 1, 2002; and
106-12 (D) all interest earned on the emissions reductions
106-13 incentives account during the fiscal year beginning on September 1,
106-14 2002, for that fiscal year.
106-15 (d) This section takes effect only if legislation of the
106-16 77th Legislature, Regular Session, 2001, authorizing the Texas
106-17 Natural Resource Conservation Commission to require hourly
106-18 emissions reductions of nitrogen oxides of at least 50 percent from
106-19 reciprocating internal combustion engines associated with pipelines
106-20 is enacted and becomes law.
106-21 SECTION 79. Section 533.0351(g), Health and Safety Code, is
106-22 amended to read as follows:
106-23 (g) Except as provided by this subsection, the [ The]
106-24 committee is subject to Chapter 2110, Government Code. The
106-25 [ department by rule shall provide, in accordance with Section
106-26 2110.008, Government Code, that the] committee is abolished
106-27 automatically on September 1, 2007, unless the board adopts a rule
107-1 continuing [ affirmatively votes to continue] the committee in
107-2 existence beyond that date.
107-3 SECTION 80. Section 771.071(e), Health and Safety Code, is
107-4 amended to read as follows:
107-5 (e) A local exchange service provider shall collect the fees
107-6 imposed on its customers under this section. Not later than the
107-7 30th day after the last day of the month in which the fees are
107-8 collected, the local exchange service provider shall deliver the
107-9 fees to the comptroller [ commission]. The comptroller [ commission]
107-10 shall deposit money from the fees to the credit of the 9-1-1
107-11 services fee account in the general revenue fund. The comptroller
107-12 may establish alternative dates for payment of fees under this
107-13 section, provided that the required payment date be no earlier than
107-14 the 30th day after the last day of the reporting period in which
107-15 the fees are collected.
107-16 SECTION 81. Sections 771.0711(b), (c), and (f), Health and
107-17 Safety Code, are amended to read as follows:
107-18 (b) A wireless service provider shall collect the fee in an
107-19 amount equal to 50 cents a month for each wireless
107-20 telecommunications connection from its subscribers and shall pay
107-21 the money collected to the comptroller [ commission] not later than
107-22 the 30th day after the last day of the month during which the fees
107-23 were collected. The comptroller may establish alternative dates
107-24 for payment of fees under this section. The wireless service
107-25 provider may retain an administrative fee of one percent of the
107-26 amount collected. The comptroller shall deposit the money from the
107-27 fees to the credit of the 9-1-1 services fee account. Until
108-1 deposited to the credit of the 9-1-1 services fee account [ fund] as
108-2 required by Subsection (c), money the comptroller [ commission]
108-3 collects under this subsection remains in a trust fund with
108-4 [ outside] the state treasury.
108-5 (c) Money collected under Subsection (b) may be used only
108-6 for services related to 9-1-1 services, including automatic number
108-7 identification and automatic location information services. Not
108-8 later than the 15th day after the end of the month in which the
108-9 money is collected [ Within 15 days of the date of collection of the
108-10 money], the commission shall distribute to each emergency
108-11 communication district that does not participate in the state
108-12 system a portion of the money that bears the same proportion to the
108-13 total amount collected that the population of the area served by
108-14 the district bears to the population of the state. The [ commission
108-15 shall deposit the] remaining money collected under Subsection (b)
108-16 shall be deposited to the 9-1-1 services fee account [ fund].
108-17 (f) A wireless service provider is not required to take
108-18 legal action to enforce the collection of any wireless 9-1-1
108-19 service fee. The comptroller [ commission] may establish collection
108-20 procedures and recover the cost of collection from the subscriber
108-21 liable for the fee. The comptroller [ commission] may institute
108-22 legal proceedings to collect a fee and in those proceedings is
108-23 entitled to recover from the subscriber court costs, attorney's
108-24 fees, and interest on the amount delinquent. [ The interest is
108-25 computed at an annual rate of 12 percent beginning on the date the
108-26 fee becomes due.]
108-27 SECTION 82. Sections 771.072(b), (c), and (f), Health and
109-1 Safety Code, are amended to read as follows:
109-2 (b) The amount of the surcharge may not exceed one and
109-3 three-tenths [ 1-3/10] of one percent of the charges for intrastate
109-4 long-distance service, as defined by the commission.
109-5 (c) Except as provided by Section 771.073(f), an intrastate
109-6 long-distance service provider shall collect the surcharge imposed
109-7 on its customers under this section and shall deliver the
109-8 surcharges to the comptroller [ commission] not later than the date
109-9 specified by the comptroller, provided that the required payment
109-10 date be no earlier than the 30th day after the last day of the
109-11 reporting period in which the surcharge is collected. If the
109-12 comptroller does not specify a date, the provider shall deliver the
109-13 surcharges to the comptroller not later than the 30th day after the
109-14 last day of the month in which the surcharges are collected.
109-15 (f) The comptroller [ commission] shall deposit the
109-16 surcharges and any prior balances in accounts [ an account] in the
109-17 general revenue fund in the state treasury until they are allocated
109-18 to regional planning commissions, other 9-1-1 jurisdictions, and
109-19 regional poison control centers in accordance with this section.
109-20 From those accounts [ that account], the amount necessary for the
109-21 commission to fund approved plans of regional planning commissions
109-22 and regional poison control centers and to carry out its duties
109-23 under this chapter shall be appropriated to the commission.
109-24 Section 403.095, Government Code, does not apply to an [ the]
109-25 account established by this subsection.
109-26 SECTION 83. Sections 771.073(b) and (c), Health and Safety
109-27 Code, are amended to read as follows:
110-1 (b) A business service user that provides residential
110-2 facilities and owns or leases a private telephone switch used to
110-3 provide telephone service to facility residents shall collect the
110-4 9-1-1 emergency service fee and transmit the fees monthly to the
110-5 comptroller [ commission]. A business service user that does not
110-6 collect and remit the 9-1-1 emergency service fee as required is
110-7 subject to a civil cause of action. A court may award to the
110-8 comptroller [ commission] court costs, attorney's fees, and interest
110-9 on the amount delinquent [ at an annual rate of 12 percent], to be
110-10 paid by the nonpaying business service user. A certificate of the
110-11 comptroller [ sworn affidavit by the commission] specifying the
110-12 unremitted fees is prima facie evidence that the fees were not
110-13 remitted and of the amount of the unremitted fees.
110-14 (c) The comptroller [ commission] may establish collection
110-15 procedures and recover the cost of collection from the customer
110-16 liable for the fee or surcharge. The comptroller [ commission] may
110-17 institute legal proceedings to collect a fee or surcharge and in
110-18 those proceedings is entitled to recover from the customer court
110-19 costs, attorney's fees, and an interest on the amount delinquent.
110-20 [ The interest is computed at an annual rate of 12 percent beginning
110-21 on the date the fee or surcharge becomes due.]
110-22 SECTION 84. Section 771.074, Health and Safety Code, is
110-23 amended to read as follows:
110-24 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
110-25 this subchapter, Chapter 772, or a home-rule municipality may not
110-26 be imposed on or collected from the state or the federal
111-1 SECTION 85. Section 771.076(a), Health and Safety Code, is
111-2 amended to read as follows:
111-3 (a) The commission or an employee of the commission may
111-4 notify the comptroller of any irregularity that may indicate that
111-5 an audit of a service provider collecting a fee or surcharge under
111-6 this subchapter is warranted. The comptroller also may audit a
111-7 service provider at the comptroller's discretion, without first
111-8 receiving a notification from the commission or an employee of the
111-9 commission. The cost of the audit shall not be assessed against
111-10 the service provider. The commission may require at its own
111-11 expense that an audit be conducted of a public agency receiving
111-12 money under this chapter.
111-13 SECTION 86. Section 771.077, Health and Safety Code, is
111-14 amended to read as follows:
111-15 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES. (a) The
111-16 comptroller may [ by rule shall] establish collection procedures to
111-17 collect past due amounts and may recover the costs of collection
111-18 from a service provider or business service user that fails to
111-19 timely deliver the fees and the equalization surcharge to the
111-20 comptroller [ commission]. Subtitles A and B, Title 2, Tax Code,
111-21 apply to the administration and collection of amounts by the
111-22 comptroller under this subchapter.
111-23 (b) The comptroller may [ by rule shall] establish procedures
111-24 to be used by the commission to notify the comptroller of a service
111-25 provider's or business service user's failure to timely deliver the
111-26 fees or surcharges.
111-27 (c) [ In addition to amounts collected under Subsection (a),
112-1 after notice and an opportunity for a hearing, the comptroller may
112-2 assess a late penalty against a service provider who fails to
112-3 timely deliver the fees or surcharges. The late penalty is in an
112-4 amount not to exceed $100 a day for each day that the fees or
112-5 surcharges are late.]
112-6 [ (d)] The comptroller shall deposit amounts received as
112-7 costs of collection in the general revenue fund.
112-8 (d) [ (e)] The comptroller shall:
112-9 (1) remit to the commission money collected under this
112-10 section for fees provided by Section 771.0711 and associated late
112-12 (2) deposit to the 9-1-1 services fee account [ fund]
112-13 any money collected under this section for fees provided by Section
112-14 771.071 and associated late penalties; and
112-15 (3) deposit to the account as authorized by Section
112-16 771.072 any money collected under this section for fees provided by
112-17 Section 771.072 and associated late penalties.
112-18 (e) [ (f)] The commission shall:
112-19 (1) deposit or distribute the money remitted under
112-20 Subsection (d)(1) [ (e)(1)] as Section 771.0711 provides for fees
112-21 received under that section; and
112-22 (2) distribute the money remitted under Subsection
112-23 (d)(2) [ (e)(2)] and appropriated to the commission under contracts
112-24 as provided by Section 771.078(b)(1).
112-25 SECTION 87. Section 1701.156(c), Occupations Code, is
112-26 amended to read as follows:
112-27 (c) Money in the account at the end of the state fiscal
113-1 year, other than money encumbered by [ appropriated to] the
113-2 commission and money allocated by the comptroller under Section
113-3 1701.157, shall be transferred to the general revenue fund.
113-4 SECTION 88. Section 163.004(a), Property Code, is amended to
113-5 read as follows:
113-6 (a) A [ Except as provided by Subsection (e), the] governing
113-7 board may appropriate for expenditure, for the uses and purposes
113-8 for which the fund is established, the net appreciation, realized
113-9 and unrealized, in the fair market value of the assets of an
113-10 endowment fund over the historic dollar value of the fund to the
113-11 extent prudent under the standard provided by Section 163.007.
113-12 SECTION 89. Section 163.004(e), Property Code, is repealed.
113-13 SECTION 90. Section 111.064, Tax Code, is amended by adding
113-14 Subsection (f) to read as follows:
113-15 (f) A local revenue fund is not subject to Subsections
113-16 (a)-(c). In this subsection, "local revenue fund" includes a court
113-17 cost, a fee, a fine, or a similar charge collected by a
113-18 municipality, a county, or a court of this state and remitted to
113-19 the comptroller.
113-20 SECTION 91. Section 156.154(c), Tax Code, is amended to read
113-21 as follows:
113-22 (c) A claim for a refund may be filed only for each fiscal
113-23 year [ calendar] quarter for all reimbursements accrued during that
113-25 SECTION 92. Subchapter R, Chapter 171, Tax Code, is amended
113-26 by adding Section 171.837 to read as follows:
113-27 Sec. 171.837. BIENNIAL REPORT BY COMPTROLLER. (a) Before
114-1 the beginning of each regular session of the legislature, the
114-2 comptroller shall submit to the governor, the lieutenant governor,
114-3 and the speaker of the house of representatives a report stating:
114-4 (1) the total amount of qualifying expenditures
114-5 incurred by corporations that claim a credit under this subchapter;
114-6 (2) the total amount of credits applied against the
114-7 tax under this chapter and the amount of unused credits, including:
114-8 (A) the total amount of franchise tax due by
114-9 corporations claiming a credit under this subchapter before and
114-10 after the application of the credit;
114-11 (B) the average percentage reduction in
114-12 franchise tax due by corporations claiming a credit under this
114-14 (C) the percentage of tax credits that were
114-15 awarded to corporations with fewer than 100 employees; and
114-16 (D) the two-digit standard industrial
114-17 classification of corporations claiming a credit under this
114-19 (3) the geographical distribution of qualifying
114-20 expenditures giving rise to a credit authorized by this subchapter;
114-21 (4) the impact of the credit authorized by this
114-22 subchapter on promoting economic development in this state; and
114-23 (5) the impact of the credit authorized by this
114-24 chapter on state tax revenues.
114-25 (b) The final report issued before the expiration of this
114-26 subchapter must include historical information on the credit
114-27 authorized by this subchapter.
115-1 (c) The comptroller may not include in the report
115-2 information that is confidential by law.
115-3 (d) For purposes of this section, the comptroller may
115-4 require a corporation that claims a credit under this subchapter to
115-6 (1) information, on a form provided by the
115-7 comptroller, on the location of the corporation's qualifying
115-8 expenditures; and
115-9 (2) any other information the comptroller considers
115-11 SECTION 93. Subchapter D, Chapter 56, Utilities Code, is
115-12 amended by adding Section 56.113 to read as follows:
115-13 Sec. 56.113. ADVISORY COMMITTEE COMPENSATION AND EXPENSES. A
115-14 member of the advisory committee serves without compensation but is
115-15 entitled to reimbursement at rates established for state employees
115-16 for travel and per diem incurred in the performance of the member's
115-17 official duties.
115-18 SECTION 94. The following laws are repealed:
115-19 (1) Article 2.45, Texas Business Corporation Act;
115-20 (2) Section 403.055(h), Government Code, as added by
115-21 Chapter 583, Acts of the 76th Legislature, Regular Session, 1999;
115-22 (3) Sections 659.062 and 659.063, Government Code;
115-23 (4) Section 2251.002(c), Government Code;
115-24 (5) Section 48(e), Chapter 268, Acts of the 73rd
115-25 Legislature, Regular Session, 1993; and
115-26 (6) Section 2(b), Chapter 57, Acts of the 70th
115-27 Legislature, 2nd Called Session, 1987.
116-1 SECTION 95. (a) The energy management center established
116-2 under Chapter 447, Government Code, as it existed immediately
116-3 before the effective date of Section 28 of this Act, is
116-4 consolidated into the state energy conservation office established
116-5 under Chapter 2305, Government Code.
116-6 (b) All functions and activities performed by the General
116-7 Services Commission that relate to energy conservation under
116-8 Chapter 447 or 2305, Government Code, are transferred to the
116-10 (c) All employees of the General Services Commission who
116-11 primarily perform duties related to energy conservation under
116-12 Chapter 447 or 2305, Government Code, are employees of the
116-14 (d) Any rule, standard, or form adopted by the General
116-15 Services Commission that relates to energy conservation under
116-16 Chapter 447 or 2305, Government Code, is a rule, standard, or form
116-17 of the comptroller and remains in effect until altered by the
116-19 (e) A reference to the General Services Commission in a
116-20 statute or rule that relates to energy conservation under Chapter
116-21 447 or 2305, Government Code, means the comptroller.
116-22 (f) Any proceeding involving the General Services Commission
116-23 that is related to energy conservation under Chapter 447 or 2305,
116-24 Government Code, is transferred without change in status to the
116-25 comptroller. The comptroller assumes without change in status the
116-26 position of the General Services Commission in any proceeding
116-27 relating to energy conservation to which the General Services
117-1 Commission is a party.
117-2 (g) All money, contracts, leases, rights, and obligations of
117-3 the General Services Commission related to energy conservation
117-4 under Chapter 447 or 2305, Government Code, are transferred to the
117-6 (h) All property, including records, in the custody of the
117-7 General Services Commission related to energy conservation under
117-8 Chapter 447 or 2305, Government Code, is transferred to the
117-10 (i) All funds appropriated to the General Services
117-11 Commission for purposes related to energy conservation under
117-12 Chapter 447 or 2305, Government Code, are transferred to the
117-14 SECTION 96. (a) The changes in law made by Sections 32, 33,
117-15 37, and 94(3), (5), and (6) of this Act apply only to longevity pay
117-16 or hazardous duty pay that is earned on or after September 1, 2001.
117-17 Longevity pay or hazardous duty pay that is earned before that date
117-18 is governed by the law in effect on the date the pay is earned, and
117-19 the prior law is continued in effect for that purpose.
117-20 (b) To the extent of conflict and regardless of their
117-21 relative dates of enactment, the changes in law made by another
117-22 bill enacted by the 77th Legislature, Regular Session, to Section
117-23 659.044(a), Government Code, prevail over the changes made to
117-24 Section 659.044, Government Code, by Section 32 of this Act.
117-25 (c) The changes in law made by Section 36 of this Act apply
117-26 only to a temporary assignment that takes effect on or after
117-27 September 1, 2001. A temporary assignment that takes effect before
118-1 that date is governed by the law in effect on the date the
118-2 temporary assignment takes effect, and the prior law is continued
118-3 in effect for that purpose.
118-4 (d) To the extent of conflict and regardless of their
118-5 relative dates of enactment, the changes made to the hazardous duty
118-6 pay rate by H.B. No. 657, H.B. No. 2427, S.B. No. 435, or another
118-7 bill enacted by the 77th Legislature, Regular Session, prevail over
118-8 Subchapter L, Chapter 659, Government Code, as added by Section 37
118-9 of this Act. In this subsection, "hazardous duty pay rate" means:
118-10 (1) the amount of hazardous duty pay paid each month
118-11 to a state employee, if that amount specifically is expressed in
118-12 terms of dollars or fractions of a dollar, or both; or
118-13 (2) the monthly amount of hazardous duty pay paid to a
118-14 state employee for each year of service in a position that requires
118-15 performance of hazardous duty, if that amount specifically is
118-16 expressed in terms of dollars or fractions of a dollar, or both.
118-17 (e) To the extent of conflict with Section 659.302(a)(2),
118-18 Government Code, as added by Section 37 of this Act, a change in
118-19 law made by any other bill enacted by the 77th Legislature, Regular
118-20 Session, does not take effect. This subsection applies regardless
118-21 of the relative dates of enactment of this Act and the change in
118-22 law made by the other bill. For purposes of this subsection, the
118-23 existence of a conflict is determined without regard to the
118-24 relative effective dates of Section 659.302(a)(2), Government Code,
118-25 and the change in law made by the other bill.
118-26 (f) The changes to Section 660.203, Government Code, made by
118-27 Section 38 of this Act apply only to a meal or lodging expense
119-1 incurred on or after September 1, 2001. A meal or lodging expense
119-2 incurred before that date is governed by the law in effect on the
119-3 date the meal or lodging expense is incurred, and the prior law is
119-4 continued in effect for that purpose.
119-5 SECTION 97. (a) The changes in law made by Sections 63 and
119-6 65 of this Act apply only to a payment that becomes overdue under
119-7 Chapter 2251, Government Code, on or after the effective date of
119-8 those sections. A payment that becomes overdue under Chapter 2251,
119-9 Government Code, before that date is governed by Sections 2251.021
119-10 and 2251.025, Government Code, as they exist on the date the
119-11 payment becomes overdue, and the prior law is continued in effect
119-12 for that purpose.
119-13 (b) The changes in law made by Section 66 of this Act apply
119-14 only to a payment whose distribution date is at least one day after
119-15 the effective date of those changes. A payment whose distribution
119-16 date is on or before the effective date of those changes is
119-17 governed by the law in effect on the date the payment becomes
119-18 overdue under Chapter 2251, Government Code, and the prior law is
119-19 continued in effect for that purpose.
119-20 (c) The changes in law made by Section 67 of this Act apply
119-21 only to a payment whose distribution date is at least one day after
119-22 the effective date of those changes. A payment whose distribution
119-23 date is on or before the effective date of those changes is
119-24 governed by the law in effect on the date the payment becomes
119-25 overdue under Chapter 2251, Government Code, and the prior law is
119-26 continued in effect for that purpose.
119-27 (d) In this section, "payment" and "distribution date" have
120-1 the meanings assigned by Section 2251.001, Government Code, as
120-2 amended by Section 60 of this Act.
120-3 SECTION 98. In addition to other amounts appropriated by the
120-4 77th Legislature, Regular Session, 2001, for the biennium beginning
120-5 September 1, 2001, and subject to the restrictions provided under
120-6 Articles II and IX, Senate Bill No. 1, Acts of the 77th
120-7 Legislature, Regular Session, 2001 (General Appropriations Act),
120-8 and contingent on House Bill No. 2604, Acts of the 77th
120-9 Legislature, Regular Session, 2001, becoming law, the Texas Forest
120-10 Service is appropriated $15 million for the fiscal year beginning
120-11 September 1, 2002, from the Volunteer Fire Department Assistance
120-12 Fund. The Texas Forest Service shall spend money appropriated by
120-13 this section for the purpose of administering the Rural Volunteer
120-14 Fire Department Assistance Program.
120-15 SECTION 99. (a) As part of the transfer of personnel and
120-16 appropriations made by H.B. No. 819, Acts of the 77th Legislature,
120-17 Regular Session, 2001:
120-18 (1) any appropriation to the Texas Department of
120-19 Economic Development relating to the Office of Rural Affairs is
120-20 transferred to the Department of Agriculture, including no less
120-21 than $212,612 each fiscal year of the 2002-2003 biennium; and
120-22 (2) no fewer than 4.0 full-time equivalent positions
120-23 must be transferred by the Texas Department of Economic Development
120-24 to the Department of Agriculture.
120-25 (b) This section takes effect September 1, 2001, only if
120-26 H.B. No. 819, Acts of the 77th Legislature, Regular Session, 2001,
120-27 becomes law.
121-1 SECTION 100. In addition to other amounts appropriated by the
121-2 77th Legislature, Regular Session, 2001, the following amounts are
121-3 appropriated from the general revenue fund to components of the
121-4 Texas State Technical College, as specified, for the purpose of
121-5 Institutional Enhancement:
121-6 (1) $250,000 for the fiscal year beginning September
121-7 1, 2001, and $250,000 for the fiscal year beginning September 1,
121-8 2002, to Texas State Technical College - Harlingen;
121-9 (2) $250,000 for the fiscal year beginning September
121-10 1, 2001, and $250,000 for the fiscal year beginning September 1,
121-11 2002, to Texas State Technical College - West Texas;
121-12 (3) $250,000 for the fiscal year beginning September
121-13 1, 2001, and $250,000 for the fiscal year beginning September 1,
121-14 2002, to Texas State Technical College - Marshall; and
121-15 (4) $250,000 for the fiscal year beginning September
121-16 1, 2001, and $250,000 for the fiscal year beginning September 1,
121-17 2002, to Texas State Technical College - Waco.
121-18 SECTION 101. Contingent on the passage of Senate Bill 1421
121-19 or similar legislation relating to certain court costs imposed on a
121-20 person convicted of an offense, and upon receipt by the comptroller
121-21 of collected fees, such fees, in an amount not to exceed those
121-22 collected, are hereby appropriated to Sam Houston State University
121-23 for the Correctional Management Institute of the Texas and Criminal
121-24 Justice Center. In no event shall the amount expended by this
121-25 provision exceed the amount of additional revenue generated
121-26 pursuant to Senate Bill 1421.
121-27 SECTION 102. If the comptroller is unable to certify revenue
122-1 to cover higher than expected utility costs under Section 52 of the
122-2 Special Provisions Relating only to State Agencies of Higher
122-3 Education under Article III of S.B. 1, and upon approval of a
122-4 majority vote of the students, Texas A&M University may assess an
122-5 annual utility fee not to exceed $125 per student to cover utility
122-6 costs that are in excess of 110 percent of the amount appropriated
122-7 in S.B. 1, General Appropriations Act.
122-8 SECTION 103. On or before September 1, 2002, the comptroller
122-9 shall report to the legislature as to the feasibility, methodology,
122-10 and cost of calculating the effect of each provision on the
122-11 distribution of the tax burden by ethnicity from the data included
122-12 in the tax exemptions and tax incidence report required under
122-13 Section 403.014, Government Code.
122-14 SECTION 104. Section 659.044, Government Code, is amended to
122-15 read as follows:
122-16 Sec. 659.044. Amount. (a) The monthly amount of longevity
122-17 pay is $20 [ $4] for every three years [ each year] of lifetime
122-18 service credit.
122-19 (b) The amount increases when the 6th, 9th, 12th, 15th,
122-20 18th, 21st, 24th, 27th, 30th, 33rd, 36th, 39th, and 42nd [ 10th,
122-21 15th, 20th, 25th, 30th, 35th, and 40th] years of lifetime service
122-22 credit are accrued.
122-23 (c) An increase is effective beginning with the month
122-24 following the month in which the 6th, 9th, 12th, 15th, 18th, 21st,
122-25 24th, 27th, 30th, 33rd, 36th, 39th, and 42nd [ 10th, 15th, 20th,
122-26 25th, 30th, 35th, and 40th] years of lifetime service credit are
123-1 (d) An employee may not receive from the state as longevity
123-2 pay more than $20 [ $4] for every three years [ each year] of
123-3 lifetime service credit, regardless of the number of positions the
123-4 employee holds or the number of hours the employee works each week.
123-5 SECTION 105. (a) Except as provided by Subsections (b)-(g)
123-6 of this section:
123-7 (1) this Act takes effect immediately if it receives a
123-8 vote of two-thirds of all the members elected to each house, as
123-9 provided by Section 39, Article III, Texas Constitution; and
123-10 (2) if this Act does not receive the vote necessary
123-11 for immediate effect, this Act takes effect on the 91st day after
123-12 the last day of the legislative session.
123-13 (b) This subsection and Section 2 of this Act take effect on
123-14 the date the Uniform Electronic Transactions Act takes effect, if
123-15 that Act is codified in Chapter 43, Business & Commerce Code, and
123-16 becomes law under S.B. No. 393, H.B. No. 1201, or another bill
123-17 enacted by the 77th Legislature, Regular Session. This subsection
123-18 and Section 2 of this Act do not take effect if the Uniform
123-19 Electronic Transactions Act is not codified or does not become law
123-20 as described in this subsection.
123-21 (c) This subsection and Sections 3, 7, 9, 14(b), 15, 30, 32,
123-22 33, 34, 36, 37, 38, 39, 40, 41, 42, 45-52, 54, 57, 79, 87, 91, 93,
123-23 94(3), (5), and (6), and 96(a)-(d) and (f) of this Act take effect
123-24 September 1, 2001.
123-25 (d) This subsection and Section 90 of this Act take effect
123-26 October 1, 2001.
123-27 (e) This subsection and Sections 80-86 of this Act take
124-1 effect January 1, 2002.
124-2 (f) The changes in law made by Section 67(a) of this Act
124-3 take effect according to Section 67(b) of this Act.
124-4 (g) Section 97(c) of this Act takes effect on the date the
124-5 changes in law made by Section 67(a) of this Act take effect.
President of the Senate Speaker of the House
I certify that H.B. No. 2914 was passed by the House on May
5, 2001, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2914 on May 26, 2001, by the following vote: Yeas 148, Nays 0,
1 present, not voting; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
Chief Clerk of the House
I certify that H.B. No. 2914 was passed by the Senate, with
amendments, on May 23, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; passed subject to the provisions of
Article III, Section 49a, of the Constitution of the State of
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 2914, Regular Session of the 77th Legislature, are within
amounts estimated to be available in the affected fund.
Comptroller of Public Accounts