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
1-15 Texas;
1-16 (C) [(3)] the General Land Office;
1-17 (D) [(4)] the state energy conservation office[,
1-18 a division of the General Services Commission];
1-19 (E) [(5)] the Texas Higher Education
1-20 Coordinating Board;
1-21 (F) [(6)] the Texas Science and Technology
1-22 Council; and
1-23 (G) [(7)] Texas river authorities.
1-24 SECTION 2. Chapter 43, Business & Commerce Code, is amended
2-1 by adding Section 43.020 to read as follows:
2-2 Sec. 43.020. CERTAIN REQUIREMENTS CONSIDERED TO BE
2-3 RECOMMENDATIONS. Any requirement of the Department of Information
2-4 Resources 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
5-15 duties.
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
6-11 of:]
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
8-16 may:
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
8-21 matter;
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
9-8 property;
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
10-2 property.
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
10-11 property.
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
12-8 of:
12-9 (A) a tax to the state; or
12-10 (B) a tax that the comptroller administers or
12-11 collects.
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
13-3 law;
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
16-23 comptroller.
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
17-22 comptroller.
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
18-8 fund.
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
18-22 appoint:
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
20-18 board;
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
21-6 board.
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
21-27 office.
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
23-20 treasury.
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
25-5 amended;
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
25-9 financing;
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;
27-18 and
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
30-13 company.
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
33-17 follows:
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
34-4 Company.
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
34-13 follows:
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
35-13 spouse:
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
37-12 managers.
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
38-5 origin.
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
39-11 comptroller;
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
40-17 section].
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
43-16 loans].
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
43-20 state.]
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
43-24 ordinances.]
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
44-21 appropriate].
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
50-22 building.
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
52-2 credit.
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[;
53-21 and]
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
54-1 follows:
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
54-10 governor;
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
54-18 governor:
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;
54-23 and
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
56-23 comptroller;
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
58-5 individual:
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;
58-10 and
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
58-26 Commission.
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;
59-3 or
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
59-8 of:
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
61-13 is:
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
65-17 receive.
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
65-20 agency:
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
67-7 States.
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
68-2 promise.
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
69-11 postage;
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
69-20 source;
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
70-14 space;]
70-15 [(E) the annual and monthly cost of all rented
70-16 space;]
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
71-4 services;]
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,
73-9 including:
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
73-18 space;
73-19 (E) the annual and monthly cost of all rented
73-20 space;
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
74-9 services;
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;
74-23 or
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
75-17 payments;
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
78-8 person.
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;
79-22 or
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
79-27 if:
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
80-12 procedure.
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
80-16 payment.
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
80-24 section:
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
82-23 purposes.]
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
85-5 law.
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
89-9 agency.
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]
90-10 office.
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
90-21 authorization].
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
91-2 available:
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
91-26 equipment.
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
92-14 service.
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
94-9 follows:
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
95-8 vendor:
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
96-9 effect.
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
99-3 services].
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
100-24 403.055.
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
104-7 be:
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
105-15 designates.
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
110-27 government.
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
112-11 penalties;
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
113-24 quarter.
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
114-13 subchapter;
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
114-18 subchapter;
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
115-5 submit:
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
115-10 necessary.
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
116-9 comptroller.
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
116-13 comptroller.
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
116-18 comptroller.
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
117-5 comptroller.
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
117-9 comptroller.
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
117-13 comptroller.
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
122-27 accrued.
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
Texas.
_______________________________
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.
Certified_________________________
__________________________________
Comptroller of Public Accounts
APPROVED: __________________________
Date
__________________________
Governor