1-1 By: Bonnen (Senate Sponsor - Duncan) H.B. No. 2914
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Finance;
1-4 May 11, 2001, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to state fiscal matters.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 1.01(4), Chapter 793, Acts of the 73rd
1-11 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-12 Texas Civil Statutes), is amended to read as follows:
1-13 (4) "State agency" in this chapter means a department,
1-14 commission, board, office, council, or other agency in the
1-15 executive or judicial branch of state government that is created by
1-16 the constitution, a statute of this state, or executive order
1-17 dealing with or involved in energy-related research and
1-18 development, including but not limited to:
1-19 (A) [(1)] the Railroad Commission of Texas;
1-20 (B) [(2)] the Public Utility Commission of
1-21 Texas;
1-22 (C) [(3)] the General Land Office;
1-23 (D) [(4)] the state energy conservation office[,
1-24 a division of the General Services Commission];
1-25 (E) [(5)] the Texas Higher Education
1-26 Coordinating Board;
1-27 (F) [(6)] the Texas Science and Technology
1-28 Council; and
1-29 (G) [(7)] Texas river authorities.
1-30 SECTION 2. Chapter 43, Business & Commerce Code, is amended
1-31 by adding Section 43.020 to read as follows:
1-32 Sec. 43.020. CERTAIN REQUIREMENTS CONSIDERED TO BE
1-33 RECOMMENDATIONS. Any requirement of the Department of Information
1-34 Resources under this chapter that generally applies to one or more
1-35 state agencies using electronic records or electronic signatures is
1-36 considered to be a recommendation to the comptroller concerning the
1-37 electronic records or electronic signatures used by the
1-38 comptroller. The comptroller may adopt or decline to adopt the
1-39 recommendation.
1-40 SECTION 3. Section 42.2522(e), Education Code, is amended to
1-41 read as follows:
1-42 (e) The commissioner shall notify school districts as soon
1-43 as practicable as to the availability of funds under this section.
1-44 For purposes of computing a rollback tax rate under Section 26.08,
1-45 Tax Code, a district shall adjust the district's tax rate limit [in
1-46 the manner provided by comptroller rule] to reflect assistance
1-47 received under this section.
1-48 SECTION 4. Section 57.48, Education Code, is amended by
1-49 amending Subsections (c), (d), (i), and (j) and adding Subsection
1-50 (k) to read as follows:
1-51 (c) Except as provided by this section, the [The]
1-52 comptroller may not issue a warrant or initiate an electronic funds
1-53 transfer to the assignee of a person who has been reported properly
1-54 under Subsection (a) if the assignment became effective after the
1-55 person defaulted.
1-56 (d) If this section prohibits the comptroller from issuing a
1-57 warrant or initiating an electronic funds transfer to a person, the
1-58 comptroller may [not] issue a warrant or initiate an electronic
1-59 funds transfer only as provided by this section to:
1-60 (1) the person's estate;
1-61 (2) the distributees of the person's estate; or
1-62 (3) the person's surviving spouse.
1-63 (i) This section does not prohibit the comptroller from
1-64 issuing a warrant or initiating an electronic funds transfer to a
2-1 person reported properly under Subsection (a) or to the person's
2-2 assignee, the person's estate, the distributees of the person's
2-3 estate, or the person's surviving spouse if the corporation
2-4 consents to issuance of the warrant or initiation of the transfer.
2-5 (j) The comptroller may adopt rules and establish procedures
2-6 to administer this section.
2-7 (k) [(j)] In this section:
2-8 (1) "Compensation" means base salary or wages,
2-9 longevity pay, hazardous duty pay, benefit replacement pay, or an
2-10 emolument provided in lieu of base salary or wages.
2-11 (2) "State agency" means a board, commission, council,
2-12 committee, department, office, agency, or other governmental entity
2-13 in the executive, legislative, or judicial branch of state
2-14 government. The term includes an institution of higher education
2-15 as defined by Section 61.003, other than a public junior or
2-16 community college.
2-17 (3) "State officer or employee" means an officer or
2-18 employee of a state agency.
2-19 SECTION 5. Sections 231.007(i) and (j), Family Code, are
2-20 amended to read as follows:
2-21 (i) [Notwithstanding] Section 403.055(d) [403.055],
2-22 Government Code, does not authorize the comptroller to [may not]
2-23 issue a warrant or initiate an electronic funds transfer to pay[:]
2-24 [(1)] the compensation or remuneration of an
2-25 individual [of a state officer or employee] who is indebted to the
2-26 state under Subsection (a)[; or]
2-27 [(2) the remuneration of an individual who is being
2-28 paid by a private person through a state agency, if the individual
2-29 is indebted to the state under Subsection (a)].
2-30 (j) [Notwithstanding] Section 2107.008(h) [2107.008],
2-31 Government Code, does not authorize a state agency to [may not] pay
2-32 the[:]
2-33 [(1)] compensation or remuneration of an individual
2-34 [to a state officer or employee] who is indebted to the state under
2-35 Subsection (a)[; or]
2-36 [(2) remuneration to an individual who is being paid
2-37 by a private person through the agency if the individual is
2-38 indebted to the state under Subsection (a)].
2-39 SECTION 6. Section 15.407, Finance Code, is amended to read
2-40 as follows:
2-41 Sec. 15.407. OFFICIAL COMMITTEES. The chairman may appoint
2-42 individuals who are not commission members to serve on official
2-43 committees that are charged with evaluating industry methods or
2-44 problems and presenting formal recommendations to the commission
2-45 for possible action. The individuals appointed are entitled to
2-46 reimbursement for reasonable and necessary expenses incidental to
2-47 travel incurred in connection with the performance of official
2-48 duties.
2-49 SECTION 7. Section 403.013(b), Government Code, is amended to
2-50 read as follows:
2-51 (b) On the first Monday of November of each year, and at
2-52 other times the governor requires, the comptroller shall exhibit to
2-53 the governor, in addition to the reports required by the
2-54 constitution, an exact and complete statement showing:
2-55 (1) the funds and revenues of the state; and
2-56 (2) public expenditures during the preceding year or
2-57 during another period required by the governor[; and]
2-58 [(3) a detailed estimate of the expenditures to be
2-59 paid from the treasury during the next year, including a statement
2-60 of:]
2-61 [(A) the object of the expenditures;]
2-62 [(B) which expenditures are provided for by
2-63 general or special appropriation and which are required to be
2-64 provided for by law; and]
2-65 [(C) the means from which the expenditures are
2-66 to be defrayed].
2-67 SECTION 8. Section 403.013, Government Code, is amended by
2-68 adding Subsection (f) to read as follows:
2-69 (f) The Texas growth fund and Texas growth fund II, created
3-1 as provided by Section 70, Article XVI, Texas Constitution, shall
3-2 provide the financial information listed in Subchapter B, Chapter
3-3 2101, to the comptroller once each year, not later than the date
3-4 established by the comptroller.
3-5 SECTION 9. Section 403.027, Government Code, is reenacted and
3-6 amended to read as follows:
3-7 Sec. 403.027. DIGITAL SIGNATURES. (a) The comptroller may
3-8 establish a procedure for a person to use [provide] a digital
3-9 signature to authenticate a [for any] document, a communication, or
3-10 data submitted to the comptroller if:
3-11 (1) the comptroller determines the procedure will
3-12 provide a degree of security and authenticity at least equal to
3-13 that provided by a manual signature; and
3-14 (2) the digital signature:
3-15 (A) is unique to the person using it;
3-16 (B) is capable of independent verification;
3-17 (C) is under the sole control of the person
3-18 using it; and
3-19 (D) is transmitted in a manner that makes it
3-20 infeasible to change the signature, document, communication, or
3-21 data without invalidating the signature.
3-22 (b) A digital signature provided according to a procedure
3-23 established under Subsection (a) [this section] has the same legal
3-24 force and effect for all purposes as a manual signature.
3-25 (c) The electronic approval of a voucher is governed by:
3-26 (1) this [This] section [does not apply to the
3-27 electronic submission] and [approval of vouchers under] Chapter
3-28 2103 if the comptroller has established a procedure for the person
3-29 approving the voucher to provide a digital signature concerning the
3-30 voucher; or
3-31 (2) Chapter 2103 if the comptroller has not
3-32 established the procedure.
3-33 (d) This section prevails over Chapter 2103 to the extent of
3-34 conflict if both this section and that chapter apply under
3-35 Subsection (c)(1).
3-36 (e) Except as provided by this subsection, Section 2054.060
3-37 applies to a digital signature used to authenticate any document,
3-38 communication, or data submitted to the comptroller if the
3-39 comptroller has not established a procedure under Subsection (a)
3-40 concerning the signature. Section 2054.060 does not apply to the
3-41 electronic approval of a voucher under Chapter 2103.
3-42 (f) The use of a digital signature under this section is
3-43 subject to criminal laws pertaining to fraud and computer crimes,
3-44 including Chapters 32 and 33, Penal Code.
3-45 (g) In this section, "digital signature" has the meaning
3-46 assigned by Section 2.108(d), Business & Commerce Code.
3-47 SECTION 10. Subchapter B, Chapter 403, Government Code, is
3-48 amended by adding Section 403.0301 to read as follows:
3-49 Sec. 403.0301. INTELLECTUAL PROPERTY. (a) The comptroller
3-50 may:
3-51 (1) apply for, register, secure, hold, and protect
3-52 under the laws of the United States or any state or nation:
3-53 (A) a patent for the invention, discovery, or
3-54 improvement of any process, machine, manufacture, or composition of
3-55 matter;
3-56 (B) a copyright for an original work of
3-57 authorship fixed in any tangible medium of expression, known or
3-58 later developed, from which it can be perceived, reproduced, or
3-59 otherwise communicated, either directly or with the aid of a
3-60 machine or device;
3-61 (C) a trademark, service mark, collective mark,
3-62 or certification mark for a word, name, symbol, device, or slogan
3-63 that the comptroller uses to identify and distinguish the
3-64 comptroller's goods and services from other goods and services; or
3-65 (D) other evidence of protection or exclusivity
3-66 issued for intellectual property;
3-67 (2) contract with a person for the sale, lease,
3-68 marketing, or other distribution of the comptroller's intellectual
3-69 property;
4-1 (3) obtain under a contract described in Subdivision
4-2 (2) a royalty, license right, or other appropriate means of
4-3 securing reasonable compensation for the development or purchase of
4-4 the comptroller's intellectual property; and
4-5 (4) waive or reduce the amount of compensation secured
4-6 by contract under Subdivision (3) if the comptroller determines
4-7 that the waiver or reduction will:
4-8 (A) further a goal or mission of the
4-9 comptroller; and
4-10 (B) result in a net benefit to the state.
4-11 (b) Intellectual property is excepted from required
4-12 disclosure under Chapter 552 if the comptroller has applied for or
4-13 received a patent, copyright, trademark, service mark, collective
4-14 mark, certification mark, or other evidence of protection or
4-15 exclusivity concerning the property.
4-16 (c) Except as provided by Section 2054.115(c), money paid to
4-17 the comptroller under this section shall be deposited to the credit
4-18 of the general revenue fund.
4-19 (d) Notwithstanding any other law of this state, the
4-20 comptroller may award to an employee of the comptroller who
4-21 conceives, creates, discovers, invents, or develops intellectual
4-22 property an appropriate amount of equity interest or participation
4-23 in the research, development, licensing, or exploitation of that
4-24 property.
4-25 (e) The comptroller shall establish intellectual property
4-26 policies for the comptroller's office that include minimum
4-27 standards for:
4-28 (1) the public disclosure or availability of products,
4-29 technology, and scientific information, including inventions,
4-30 discoveries, trade secrets, and computer software;
4-31 (2) review by the comptroller's office of products,
4-32 technology, and scientific information, including consideration of
4-33 ownership and appropriate legal protection;
4-34 (3) the licensing of products, technology, and
4-35 scientific information;
4-36 (4) the identification of ownership and licensing
4-37 responsibilities for each class of intellectual property; and
4-38 (5) royalty participation by inventors and the
4-39 comptroller's office.
4-40 SECTION 11. Section 403.055, Government Code, is amended by
4-41 amending Subsections (b), (c), and (k) and adding Subsection (l) to
4-42 read as follows:
4-43 (b) Except as provided by this section, the [The]
4-44 comptroller may not issue a warrant or initiate an electronic funds
4-45 transfer to the assignee of a person who has been reported properly
4-46 under Subsection (f) if the assignment became effective after the
4-47 person became indebted to the state or incurred a tax delinquency.
4-48 (c) If [When] this section prohibits the comptroller from
4-49 issuing a warrant or initiating an electronic funds transfer to a
4-50 person, the comptroller may [not] issue a warrant or initiate an
4-51 electronic funds transfer only as provided by this section to:
4-52 (1) the person's estate;
4-53 (2) the distributees of the person's estate; or
4-54 (3) the person's surviving spouse.
4-55 (k) This section does not prohibit the comptroller from
4-56 issuing a warrant or initiating an electronic funds transfer to a
4-57 person, the person's assignee, the person's estate, the
4-58 distributees of the person's estate, or the person's surviving
4-59 spouse if each state agency that properly reported the person under
4-60 Subsection (f) consents to issuance of the warrant or initiation of
4-61 the transfer.
4-62 (l) In this section:
4-63 (1) "Compensation" means base salary or wages,
4-64 longevity pay, hazardous duty pay, benefit replacement pay, or an
4-65 emolument provided in lieu of base salary or wages.
4-66 (2) "State agency" means a board, commission, council,
4-67 committee, department, office, agency, or other governmental entity
4-68 in the executive, legislative, or judicial branch of state
4-69 government. The term includes an institution of higher education
5-1 as defined by Section 61.003, Education Code, other than a public
5-2 junior or community college.
5-3 (3) "State officer or employee" means an officer or
5-4 employee of a state agency.
5-5 (4) "Tax delinquency" means a delinquency in payment
5-6 of:
5-7 (A) a tax to the state; or
5-8 (B) a tax that the comptroller administers or
5-9 collects.
5-10 SECTION 12. (a) Section 403.0552(b), Government Code, is
5-11 amended to read as follows:
5-12 (b) Except as provided by this subsection, the [The]
5-13 comptroller may prepare a warrant to make a payment that Section
5-14 57.48, Education Code, Section 231.007, Family Code, or Section
5-15 403.055 prohibits the comptroller from initiating by electronic
5-16 funds transfer. The comptroller shall prepare the warrant if the
5-17 payment is overdue under Section 2251.021.
5-18 (b) Section 403.0552(c), Government Code, is amended to read
5-19 as follows:
5-20 (c) If the comptroller prepares a warrant under Subsection
5-21 (a) or (b), the comptroller shall:
5-22 (1) make the warrant payable to the person to whom the
5-23 warrant may not be issued or an electronic funds transfer may not
5-24 be initiated; and
5-25 (2) retain the warrant until the earliest of:
5-26 (A) the first day the warrant may no longer be
5-27 paid by the comptroller under Section 404.046 or other applicable
5-28 law;
5-29 (B) the date the comptroller deducts the amount
5-30 of the person's indebtedness to the state or tax delinquency from
5-31 the amount of the warrant under Section 403.0551[, Chapter 666,] or
5-32 other applicable law; [or]
5-33 (C) the date the comptroller recovers the amount
5-34 of the person's indebtedness to the state under Chapter 666; or
5-35 (D) the first day the comptroller is no longer
5-36 prohibited from issuing the warrant or initiating an electronic
5-37 funds transfer to that person.
5-38 SECTION 13. Section 403.0915, Government Code, is amended to
5-39 read as follows:
5-40 Sec. 403.0915. DORMANT FUND OR ACCOUNT. At any time the
5-41 comptroller, with notification to the state auditor, may transfer
5-42 to the general revenue fund a balance in a dormant fund or account
5-43 if the source of the fund or account is unknown or the purpose for
5-44 which it was collected is moot. The legislature at any time after
5-45 the transfer may appropriate the balance as a refund if the source
5-46 and purpose of the fund or account become known and active. [The
5-47 comptroller shall report any dormant funds or accounts to the Funds
5-48 Review Advisory Committee.]
5-49 SECTION 14. Section 403.273, Government Code, is amended to
5-50 read as follows:
5-51 Sec. 403.273. Property Manager; Property Inventory. (a) The
5-52 head of each state agency is responsible for the custody and care
5-53 of [state] property in the agency's possession.
5-54 (b) The head of each state agency shall designate a property
5-55 manager and inform the comptroller of the designation. Subject to
5-56 comptroller approval, more than one property manager may be
5-57 designated [appointed by the agency head].
5-58 (c) The property manager of a state agency shall maintain
5-59 the records required and be the custodian of all property possessed
5-60 by the agency.
5-61 (d) [(e)] When a state [an] agency's property is entrusted
5-62 to a person other than the agency's property manager, [the property
5-63 manager shall require a written receipt from] the person to whom
5-64 [receiving custody of] the property is entrusted shall provide a
5-65 written receipt to the manager. A state [When the property of one]
5-66 agency may lend its property [is lent] to another state agency only
5-67 if[,] the head of the agency lending the property provides written
5-68 authorization for the lending. The [must be authorized in writing
5-69 by the head of the agency that is lending the property. A written
6-1 receipt must be executed by the] head of the agency to which [that
6-2 is receiving] the property is lent must execute a written receipt.
6-3 (e) A [(f) On the date prescribed by the comptroller, a]
6-4 state agency shall conduct an annual [make a complete] physical
6-5 inventory of all property in its possession. The comptroller may
6-6 specify the date on which the inventory must be conducted
6-7 [completed once each year].
6-8 (f) Not later than [(g) Within 45 days after] the
6-9 [inventory] date prescribed by the comptroller, the head of a
6-10 [each] state agency shall submit [forward] to the comptroller:
6-11 (1) a signed statement describing the methods [method]
6-12 used to conduct [verify] the agency's annual physical inventory
6-13 under Subsection (e);
6-14 (2) [and] a copy of the results of the inventory; and
6-15 (3) any other information concerning the inventory
6-16 that the comptroller requires.
6-17 (g) At all times, the [(h) The] property records of a
6-18 [prepared by each] state agency must accurately reflect the
6-19 property [currently] possessed by the agency. [The agency must use
6-20 the methods prescribed by the comptroller to delete property from
6-21 the agency's property records.] Property [that has become surplus
6-22 or obsolete and no longer serviceable] may be deleted from the
6-23 agency's records only in accordance with rules adopted [upon
6-24 authorization] by the comptroller[. Property that is missing or
6-25 that is disposed of directly by the agency shall be deleted from
6-26 the comptroller's records on approval by the state auditor].
6-27 (h) The state auditor shall periodically examine property
6-28 records or inventory as necessary to determine if controls are
6-29 adequate to safeguard state property.
6-30 SECTION 15. Section 403.274, Government Code, is amended to
6-31 read as follows:
6-32 Sec. 403.274. CHANGE OF AGENCY HEAD OR PROPERTY MANAGER.
6-33 When the head or property manager of a state [an] agency changes,
6-34 the outgoing [new] head of the agency or property manager [of the
6-35 agency] shall complete the form required by the comptroller about
6-36 property in the agency's possession. The outgoing head of the
6-37 agency or property manager shall deliver the form to the incoming
6-38 [execute a receipt for all agency property accounted for to the
6-39 outgoing agency] head of the agency or property manager. After
6-40 verifying the information on and signing the form, the incoming
6-41 head of the agency or property manager shall submit a [A] copy of
6-42 the form [receipt shall be delivered] to the comptroller[, the
6-43 state auditor, and the outgoing agency head or property manager].
6-44 SECTION 16. Section 403.276, Government Code, is amended to
6-45 read as follows:
6-46 Sec. 403.276. REPORTING TO COMPTROLLER [STATE AUDITOR] AND
6-47 ATTORNEY GENERAL. (a) If the [a] head or property manager of a
6-48 state [an] agency has reasonable cause to believe that any [state]
6-49 property in the agency's possession has been lost, destroyed, or
6-50 damaged through the negligence [or fault] of any state official or
6-51 employee, the head of the agency or property manager [head
6-52 responsible] shall [immediately] report the loss, destruction, or
6-53 damage to the comptroller [state auditor] and [to] the attorney
6-54 general not later than the date established by the comptroller. If
6-55 the head or property manager of a state agency has reasonable cause
6-56 to believe that any property in the agency's possession has been
6-57 stolen, the head of the agency or property manager shall report the
6-58 theft to the comptroller, the attorney general, and the appropriate
6-59 law enforcement agency not later than the date established by the
6-60 comptroller.
6-61 (b) The attorney general may [shall] investigate a report
6-62 received under Subsection (a) [of loss, destruction, or damage to
6-63 state property].
6-64 (c) If an [the] investigation by the attorney general under
6-65 Subsection (b) reveals [discloses] that a property loss has been
6-66 sustained [by the state] through the negligence [fault] of a state
6-67 official or employee, the attorney general shall make written
6-68 demand on the [state] official or employee for reimbursement of [to
6-69 the state for] the loss [sustained].
7-1 (d) If the demand made by the attorney general under
7-2 Subsection (c) [for reimbursement for property loss, destruction,
7-3 or damage] is refused or disregarded [by the state official or
7-4 employee on whom such demand is made], the attorney general may
7-5 take legal action to recover the value of the [state] property as
7-6 the attorney general deems necessary.
7-7 (e) Venue for all suits instituted under this section
7-8 against a state official or employee is in a court of appropriate
7-9 jurisdiction of Travis County.
7-10 SECTION 17. Section 404.058, Government Code, is amended to
7-11 read as follows:
7-12 Sec. 404.058. Outstanding Warrants. (a) The comptroller
7-13 shall compile information concerning outstanding warrants, which
7-14 must be consistent with the requirements of the uniform statewide
7-15 accounting system.
7-16 (b) The warrant number of an outstanding warrant is excepted
7-17 from the requirements of Section 552.021 if the warrant is issued
7-18 by the comptroller.
7-19 (c) A person who issues a warrant under Section 403.060(a)
7-20 may disclose the warrant number of the warrant to a person other
7-21 than the comptroller only if the comptroller has:
7-22 (1) informed the person that the warrant is not an
7-23 outstanding warrant; or
7-24 (2) authorized or required the disclosure.
7-25 (d) In this section:
7-26 (1) "Outstanding warrant" means any warrant except a
7-27 warrant that:
7-28 (A) has been paid by the comptroller;
7-29 (B) has been canceled; or
7-30 (C) may not be paid by the comptroller because
7-31 it was not presented before the date determined under Section
7-32 404.046 or other applicable law.
7-33 (2) "Warrant number" means the number or other data
7-34 element printed on a warrant that the comptroller uses to
7-35 distinguish it from all other warrants that the comptroller may pay
7-36 during the same period that the comptroller may pay the warrant
7-37 under Section 404.046 or other applicable law.
7-38 SECTION 18. Chapter 447, Government Code, is amended to read
7-39 as follows:
7-40 CHAPTER 447. STATE ENERGY CONSERVATION OFFICE
7-41 [MANAGEMENT CENTER]
7-42 Sec. 447.001. GOVERNANCE AND GENERAL AUTHORITY
7-43 [ESTABLISHMENT OF CENTER]. The state energy conservation office:
7-44 (1) is under the direction and control of the
7-45 comptroller;
7-46 (2) [management center is established in the General
7-47 Services Commission and] shall [be authorized to] promote the
7-48 [those] policies [of the state] enumerated in this chapter; and
7-49 (3) may act in any capacity authorized by state or
7-50 federal law.
7-51 Sec. 447.002. INFORMATION; PROCEDURES AND RULES; MEASURES
7-52 AND PROGRAMS. (a) The state energy conservation office [management
7-53 center] shall develop and provide energy conservation information
7-54 for the state.
7-55 (b) The state energy conservation office [center] may
7-56 establish procedures and adopt [make] rules relating to the
7-57 development [adoption] and implementation of energy conservation
7-58 measures and programs applicable to state buildings and facilities.
7-59 (c) A procedure established or a rule adopted under
7-60 Subsection (b) [The center may act in such other capacities as
7-61 otherwise authorized by state or federal law. The center's rules
7-62 for programs and energy conservation, adopted under Chapter 2001]
7-63 may include provisions relating to:
7-64 (1) the retrofitting of existing state buildings and
7-65 facilities [structures] with energy-saving devices; and
7-66 (2) [to] the energy-related renovation of those
7-67 buildings and facilities [such structures].
7-68 (d) To the extent that the [office of the] governor receives
7-69 money appropriated for energy efficiency programs, [the office of]
8-1 the governor, through the state energy conservation office
8-2 [management center], shall implement programs that the state energy
8-3 conservation office [center] identifies as encouraging energy
8-4 conservation by state government.
8-5 (e) A [Unless money is available for the implementation of
8-6 such a program, a] state agency shall implement [is not required to
8-7 spend money for] an energy conservation measure or program in
8-8 accordance with plans developed under Section 447.011 [under this
8-9 section].
8-10 Sec. 447.003. Liaison to Federal Government. The state
8-11 energy conservation office is [management center shall serve as]
8-12 the state liaison to the federal government for the implementation
8-13 and administration of federal programs relating to state agency
8-14 energy matters. The office [In that capacity, the center] shall
8-15 administer state programs established under:
8-16 (1) Part D, Title III, Energy Policy and Conservation
8-17 Act (42 U.S.C. 6321 et seq.), and its subsequent amendments;
8-18 (2) Part G, Title III, Energy Policy and Conservation
8-19 Act (42 U.S.C. 6371 et seq.), and its subsequent amendments; and
8-20 (3) [the National Energy Extension Service Act (42
8-21 U.S.C. 7001 et seq.); and]
8-22 [(4)] other federal energy conservation programs as
8-23 [may be] assigned to the office [energy management center] by the
8-24 governor or the legislature.
8-25 Sec. 447.004. Design Standards. (a) The state energy
8-26 conservation office [management center] shall establish [adopt] and
8-27 publish mandatory energy conservation design standards for each[,
8-28 under Chapter 2001, that all] new state building or [buildings and]
8-29 major renovation project [projects], including a new building or
8-30 [buildings and] major renovation project [projects] of a
8-31 state-supported institution [institutions] of higher education[,
8-32 are required to meet]. The office [center] shall define "major
8-33 renovation project" for purposes of [what constitutes a major
8-34 renovation project under] this section and shall review and update
8-35 the standards biennially.
8-36 (b) The standards established under Subsection (a) must:
8-37 (1) include performance and procedural standards for
8-38 the maximum energy conservation allowed by the latest and most
8-39 cost-effective technology that is consistent with the requirements
8-40 of public health, safety, and economic resources;[.]
8-41 (2) be stated [(c) The standards must be adopted] in
8-42 terms of energy consumption levels;
8-43 (3) consider [and must take into consideration] the
8-44 various types [classes] of building uses; and
8-45 (4) [must] allow for design flexibility.
8-46 (c) Any procedural standard established under this section
8-47 [Procedural standards] must be directed toward specific design and
8-48 building practices that produce good thermal resistance and low
8-49 infiltration and toward requiring practices in the design of
8-50 mechanical and electrical systems that maximize energy efficiency.
8-51 The procedural standards must address [concern], as applicable:
8-52 (1) insulation;
8-53 (2) lighting;
8-54 (3) ventilation;
8-55 (4) climate control;
8-56 (5) special energy requirements of health-related
8-57 facilities of higher education and state agencies; and
8-58 (6) any other item that the state energy conservation
8-59 office [center] considers appropriate [that is adopted under
8-60 Chapter 2001].
8-61 (d) A state [In order to demonstrate compliance with the
8-62 requirement to adopt and update the conservation design standards,
8-63 each] agency or an [and] institution of higher education shall
8-64 submit a copy of its design and construction manuals to the state
8-65 energy conservation office as the office considers necessary to
8-66 demonstrate compliance by the agency or institution with the
8-67 standards established under this section [center on request].
8-68 (e) A state agency or an institution of higher education may
8-69 not begin [Prior to] construction of a new state building or a
9-1 major renovation project before[, agencies and institutions of
9-2 higher education shall have] the design architect or engineer for
9-3 the construction or renovation has:
9-4 (1) certified [on the project certify] to the agency
9-5 or institution that the construction or[, with a copy to the energy
9-6 management center, that all new building construction and major
9-7 building] renovation complies [projects comply] with the [energy
9-8 conservation design] standards established [required] under this
9-9 section; and
9-10 (2) provided a copy of that certification to the state
9-11 energy conservation office.
9-12 Sec. 447.005. Energy Efficiency Projects. Subject to
9-13 applicable state and federal laws or guidelines, the state energy
9-14 conservation office [management center] may:
9-15 (1) implement an energy efficiency project [projects]
9-16 at a state agency; [agencies] or
9-17 (2) [may] assist the agency [those agencies] in
9-18 implementing the project [projects] through an energy efficiency
9-19 program [programs financed through state or federal grants or
9-20 loans].
9-21 [Sec. 447.006. OBTAINING DATA. The energy management center
9-22 shall obtain semiannually from each state agency information
9-23 relating to the cost of heating and cooling buildings owned by the
9-24 state.]
9-25 Sec. 447.007. Model Codes. The state energy conservation
9-26 office [management center] may recommend a model energy
9-27 conservation building code to a municipality [codes to
9-28 municipalities] for use in enacting or amending a municipal
9-29 ordinance [ordinances].
9-30 Sec. 447.008. Additional Energy Services. (a) The state
9-31 energy conservation office [management center] may provide
9-32 additional energy services, including:
9-33 (1) training of designated state employees in energy
9-34 management, energy-accounting techniques, and energy efficient
9-35 design and construction;
9-36 (2) technical assistance regarding energy efficient
9-37 capital improvements, energy efficient building design, and
9-38 cogeneration and thermal storage investments;
9-39 (3) technical assistance to the state auditor or a
9-40 [State Auditor and to] state agency [agencies] regarding
9-41 [conducting] energy management performance audits and the
9-42 monitoring of utility bills to detect billing errors;
9-43 (4) technical assistance to a state agency [agencies]
9-44 regarding third-party financing of an energy efficient capital
9-45 improvement project [projects]; and
9-46 (5) other energy-related assistance that the office
9-47 considers appropriate, if the assistance is requested by a state
9-48 agency, an institution of higher education, a consortium of
9-49 institutions of higher education, or another governmental entity
9-50 [agencies, other legislatively] created by [entities of the] state
9-51 law[, institutions of higher education, and consortiums of
9-52 institutions of higher education that the center considers
9-53 appropriate].
9-54 (b) Using available state, federal, or oil overcharge funds,
9-55 the state energy conservation office may provide technical
9-56 assistance to a [management center may assist] state agency or an
9-57 institution [agencies and institutions] of higher education in
9-58 analyzing or [and] negotiating rates for electricity or [and]
9-59 natural gas supplies from a locally certificated electric supplier
9-60 [suppliers], a natural gas supplier [suppliers], or a state-owned
9-61 energy resource [resources], including a transportation charge
9-62 [charges] for natural gas. This [The provisions of this] section
9-63 does [shall] not authorize [be construed to empower] the office
9-64 [energy management center] to negotiate rates for natural gas
9-65 supplies on behalf of an agency or institution [state agencies or
9-66 institutions but rather to provide technical assistance as needed].
9-67 (c) A state agency or an institution [Agencies and
9-68 institutions] of higher education may request [seek] the assistance
9-69 of the state energy conservation office [management center] before
10-1 negotiating or contracting for the supply or [and] transportation
10-2 of natural gas or [and] electricity [that will result in an
10-3 anticipated annual expenditure of more than $100,000].
10-4 (d) A [Any] state agency or institution of higher education
10-5 with expertise in rate analysis, negotiation, or any other matter
10-6 related to the procurement of electricity and natural gas supplies
10-7 from a locally certificated electric supplier [suppliers], a
10-8 natural gas supplier [suppliers], or a state-owned energy resource
10-9 [resources] may assist the state energy conservation office
10-10 [management center] whenever practicable. The attorney general on
10-11 request shall assist the office [energy management center] and
10-12 other state agencies and institutions of higher education in
10-13 negotiating rates for electricity and other terms of electric
10-14 utility service.
10-15 (e) Using available funds from any source [where permitted],
10-16 the state energy conservation office [management center] may assist
10-17 a state agency, an institution of higher education, a consortium of
10-18 institutions of higher education, or another governmental entity
10-19 [agencies, legislatively] created by state law [entities of the
10-20 state, institutions of higher education, and consortiums of
10-21 institutions of higher education] to further the goals and pursue
10-22 the policies of the state in energy research as may be determined
10-23 by the governor or the legislature. The office [energy management
10-24 center] may assist a state agency [agencies, which are hereby
10-25 authorized to act in accordance with this section,] in implementing
10-26 current federal energy policy [as expressed in Pub. L. No. 102-486,
10-27 106 Stat. 2776 (1992)].
10-28 (f) The state energy conservation office [management center]
10-29 on request may negotiate rates for electricity and other terms of
10-30 electric utility service for a state agency or an institution of
10-31 higher education. The office [energy management center may] also
10-32 may negotiate the rates and the other terms of service for a group
10-33 of agencies or [and] institutions [together] in a single contract.
10-34 (g) The state energy conservation office may [management
10-35 center shall] analyze the rates for electricity charged to and the
10-36 amount of electricity used by state agencies and institutions of
10-37 higher education to determine ways the state could obtain lower
10-38 rates and use less electricity. Each state agency [State
10-39 agencies], including the Public Utility Commission of Texas, and
10-40 institution [institutions] of higher education shall assist the
10-41 office [energy management center] in obtaining the information the
10-42 office needs [center requires] to perform its analysis.
10-43 (h) The state energy conservation office [management center]
10-44 and the attorney general may [shall] cooperate in monitoring
10-45 efforts to deregulate the electric utility industry and in
10-46 reporting on the ways in which deregulation would affect state
10-47 government as a purchaser of electricity. The office [energy
10-48 management center], represented by the attorney general, may
10-49 intervene in proceedings before the Public Utility Commission of
10-50 Texas that are related to deregulating all or part of the electric
10-51 utility industry to represent the interests of state government as
10-52 a purchaser of electricity [in those proceedings].
10-53 Sec. 447.009. Energy Audits. (a) The state energy
10-54 conservation office may audit a [management center shall conduct
10-55 audits of] state-owned building [buildings] used by a state agency
10-56 [agencies. The audits shall be designed] to assist the agency
10-57 [state agencies] in reducing energy consumption and costs through
10-58 improved energy efficiency.
10-59 (b) Based on any [the] audit performed under Subsection (a)
10-60 [of this section], the state energy conservation office [of the
10-61 governor] may recommend changes to improve energy efficiency.
10-62 (c) The state energy conservation office [management center]
10-63 may provide training, technical assistance, and funding, if
10-64 available, to the state auditor [State Auditor's office] or the
10-65 state agency responsible for [office charged with] performing
10-66 management audits of state agencies and institutions of higher
10-67 education to conduct energy management audits in those [state]
10-68 agencies and institutions [of higher education].
10-69 (d) Each state agency or institution [State agencies and
11-1 institutions] of higher education shall review [conduct reviews]
11-2 and audit [audits of] utility billings and contracts to detect
11-3 billing errors. Any contract [Contracts] with a private person to
11-4 conduct the review or audit [sector firms] must comply with all
11-5 applicable provisions of Subchapter A, Chapter 2254, [654]
11-6 regarding professional services contracts. The contract [and] may
11-7 not be awarded on a contingent fee basis unless the governor
11-8 determines [a finding] that the contract is necessary, reasonable,
11-9 and prudent [is obtained from the office of the governor].
11-10 Sec. 447.010. Energy-Saving Devices or Measures. (a) On
11-11 approval by the state energy conservation office [management
11-12 center], a state agency that reduces its energy expenses may use
11-13 any funds saved by the agency from appropriated utility funds for
11-14 the purchase of an energy-saving device [devices] or measure
11-15 [measures]. For purposes of this section, "energy-saving device or
11-16 measure" means a device or measure that directly reduces:
11-17 (1) energy costs; or
11-18 (2) the energy consumption of equipment, including a
11-19 lighting, heating, ventilation [ventilating], or air conditioning
11-20 system, [or of other equipment that uses electricity, natural gas,
11-21 fuel oil, or any other energy source] without materially altering
11-22 the quality of the equipment [such lighting, heating, ventilating,
11-23 air conditioning, or other energy consuming system].
11-24 (b) A state agency, in accordance with the recommendations
11-25 of an energy audit, may purchase energy-saving devices or measures
11-26 from appropriated utility funds if the savings in utility funds
11-27 projected by the audit will offset the purchase. The agency shall
11-28 retain in its files a [within four years. A] copy of the
11-29 recommendation and repayment schedule [must be attached to the
11-30 purchase voucher] as evidence of the projected savings.
11-31 Sec. 447.011. Energy Management Planning. (a) The state
11-32 energy conservation office [management center] shall provide energy
11-33 management planning assistance to a state agency or an institution
11-34 [agencies and institutions] of higher education, including:
11-35 (1) preparation by the agency or institution of a
11-36 long-range plan for the delivery of reliable, cost-effective
11-37 utility services for the state agency or institution [agencies,
11-38 institutions of higher education, boards, and commissions in Travis
11-39 County. This plan shall be presented to the affected agencies for
11-40 use in preparing their five-year construction and major
11-41 rehabilitation plans. After other energy-saving alternatives are
11-42 considered, district heating and cooling and on-site generation of
11-43 electricity may be considered in planning for reliable, efficient,
11-44 and cost-effective utility services];
11-45 (2) assistance to the Department of Public Safety for
11-46 energy emergency contingency planning, using state or federal funds
11-47 when available; [and]
11-48 (3) assistance to each state agency or institution
11-49 [agencies and institutions] of higher education in preparing
11-50 comprehensive energy management plans; and
11-51 (4) assistance to a state agency in complying with
11-52 Section 447.002, including the prioritization and scheduling of
11-53 implementation plans to ensure adoption of qualified,
11-54 cost-effective efficiency measures and programs for each state
11-55 building or facility.
11-56 (b) A state agency or an institution of higher education
11-57 shall present a plan prepared under Subsection (a)(1) to the state
11-58 energy conservation office. The agency or institution shall use
11-59 the plan in preparing its five-year construction and major
11-60 renovation plans. After other energy-saving alternatives are
11-61 considered, district heating and cooling or on-site generation of
11-62 electricity may be considered in planning for reliable, efficient,
11-63 and cost-effective utility services.
11-64 (c) The state energy conservation office [management center]
11-65 shall prepare guidelines for the preparation of a plan under
11-66 Subsection (a)(3). A state agency or an institution [these plans.
11-67 State agencies and institutions] of higher education that occupies
11-68 a [expend more than $250,000 annually for heating, lighting, and
11-69 cooling and that occupy] state-owned building [buildings] shall
12-1 prepare and submit a five-year energy management plan to the
12-2 office. The agency or institution shall update its plan [center.
12-3 Agencies and institutions of higher education with smaller usage
12-4 may be required to submit such plans. Updated plans shall be
12-5 submitted] biennially, if [when] requested to do so by the office
12-6 [center]. A state agency or an institution of higher education
12-7 that occupies a building not owned by the state shall cooperate
12-8 with the office in addressing the energy management of that
12-9 building.
12-10 (d) [(b)] The comprehensive energy management plan prepared
12-11 under [required in] Subsection (a)(3) shall be included in the
12-12 five-year construction and major repair and rehabilitation plans
12-13 for institutions of higher education as required by [under] Section
12-14 [61.058 and] 61.0651, Education Code.
12-15 SECTION 19. The heading to Subchapter C, Chapter 659,
12-16 Government Code, is amended to read as follows:
12-17 SUBCHAPTER C. [COMPENSATORY] PER DIEM
12-18 SECTION 20. Section 659.044, Government Code, is amended by
12-19 amending Subsections (a) and (d) and adding Subsection (e) to read
12-20 as follows:
12-21 (a) Except as provided by Subsection (e), the [The] monthly
12-22 amount of longevity pay is $4 for each year of lifetime service
12-23 credit.
12-24 (d) An employee may not receive from the state as longevity
12-25 pay more than the amount determined under Subsection (a) or (e), as
12-26 applicable [$4 for each year of lifetime service credit],
12-27 regardless of the number of positions the employee holds or the
12-28 number of hours the employee works each week.
12-29 (e) This subsection applies only to an employee of the Texas
12-30 Youth Commission who is receiving less than the maximum amount of
12-31 hazardous duty pay that the commission may pay to the employee
12-32 under Section 659.303. The employee's monthly amount of longevity
12-33 pay is the sum of:
12-34 (1) $4 for each year of lifetime service credit, which
12-35 may not include any period served in a hazardous duty position; and
12-36 (2) the lesser of:
12-37 (A) $4 for each year served in a hazardous duty
12-38 position; or
12-39 (B) the difference between:
12-40 (i) $7 for each year served in a hazardous
12-41 duty position; and
12-42 (ii) the amount paid by the commission for
12-43 each year served in a hazardous duty position.
12-44 SECTION 21. Section 659.046, Government Code, is amended by
12-45 adding Subsection (f) to read as follows:
12-46 (f) The amount of an employee's lifetime service credit does
12-47 not include the period served in a hazardous duty position if the
12-48 employee is:
12-49 (1) entitled to receive hazardous duty pay under
12-50 Section 659.302; or
12-51 (2) receiving the maximum amount of hazardous duty pay
12-52 that the Texas Youth Commission may pay to the employee under
12-53 Section 659.303.
12-54 SECTION 22. Section 659.254(c), Government Code, is amended
12-55 to read as follows:
12-56 (c) An employee whose classified position is reallocated by
12-57 the General Appropriations Act or reclassified under Chapter 654 to
12-58 a higher salary group will be paid at the minimum salary rate in
12-59 the higher salary group or at the salary rate the employee would
12-60 have received without the reallocation or reclassification,
12-61 whichever rate is higher, except[:]
12-62 [(1)] to maintain desirable salary relationships among
12-63 employees in the affected positions, the salary may be adjusted not
12-64 more than:
12-65 (1) [(A)] two steps higher, if the employee's salary
12-66 group is divided into steps by the General Appropriations Act; or
12-67 (2) [(B)] 6.8 percent higher, if the employee's salary
12-68 group is not divided into steps by the General Appropriations Act[;
12-69 and]
13-1 [(2) the employee may not advance to a step number in
13-2 the new salary group higher than the step number rate held before
13-3 the reallocation or reclassification, if the employee's salary
13-4 group is divided into steps by the General Appropriations Act].
13-5 SECTION 23. Sections 659.260(b) and (e), Government Code, are
13-6 amended to read as follows:
13-7 (b) To facilitate a state agency's work during an emergency
13-8 or other special circumstance, an employee may[:]
13-9 [(1)] be temporarily assigned to other duties for a
13-10 period not to exceed six months. The employee is entitled to[; and]
13-11 [(2)] receive during the period of reassignment at
13-12 least the same [appropriate] rate of pay that the employee received
13-13 immediately before the reassignment [for the temporary position if
13-14 the temporary position is classified in a salary group with a
13-15 higher minimum salary rate]. An employee may not be temporarily
13-16 assigned under this subsection to a position classified in a salary
13-17 group with a lower minimum salary rate.
13-18 (e) While the employee is temporarily assigned under this
13-19 section, the state agency may not:
13-20 (1) award a merit salary increase to the employee; or
13-21 (2) promote or demote the employee[; or]
13-22 [(3) reduce the employee's salary].
13-23 SECTION 24. Chapter 659, Government Code, is amended by
13-24 adding Subchapter L to read as follows:
13-25 SUBCHAPTER L. HAZARDOUS DUTY PAY
13-26 Sec. 659.301. DEFINITIONS. In this subchapter:
13-27 (1) "Full-time state employee" means a state employee
13-28 who normally works at least 40 hours each week.
13-29 (2) "Hazardous duty position" means a position in the
13-30 service of this state that:
13-31 (A) renders any individual holding that position
13-32 a state employee; and
13-33 (B) requires the performance of hazardous duty.
13-34 (3) "Institution of higher education" has the meaning
13-35 assigned by Section 61.003, Education Code.
13-36 (4) "Part-time state employee" means a state employee
13-37 who is not a full-time state employee.
13-38 (5) "State employee" means an individual who:
13-39 (A) is a commissioned law enforcement officer of
13-40 the Department of Public Safety, the General Services Commission,
13-41 the Texas Alcoholic Beverage Commission, or the institutional
13-42 division of the Texas Department of Criminal Justice;
13-43 (B) is a commissioned security officer of the
13-44 comptroller;
13-45 (C) is a law enforcement officer commissioned by
13-46 the Parks and Wildlife Commission;
13-47 (D) is a commissioned peace officer of an
13-48 institution of higher education;
13-49 (E) is an employee or official of the Board of
13-50 Pardons and Paroles or the pardons and paroles division of the
13-51 Texas Department of Criminal Justice if the employee or official
13-52 has routine direct contact with inmates of any penal or
13-53 correctional institution or with administratively released
13-54 prisoners subject to the board's jurisdiction;
13-55 (F) has been certified to the Employees
13-56 Retirement System of Texas under Section 815.505 as having begun
13-57 employment as a law enforcement officer or custodial officer,
13-58 unless the individual has been certified to the system as having
13-59 ceased employment as a law enforcement officer or custodial
13-60 officer; or
13-61 (G) before May 29, 1987, received hazardous duty
13-62 pay based on the terms of any state law if the individual holds a
13-63 position designated under that law as eligible for the pay.
13-64 (6) "Workday" means any day that is not a Saturday, a
13-65 Sunday, or a state or national holiday under Section 662.003. The
13-66 term includes a state or national holiday that the General
13-67 Appropriations Act prohibits state agencies from observing.
13-68 Sec. 659.302. ENTITLEMENT TO RECEIVE HAZARDOUS DUTY PAY. (a)
13-69 Hazardous duty pay is included in the compensation paid to an
14-1 individual for services rendered during a month if the individual:
14-2 (1) is a state employee for any portion of the first
14-3 workday of the month; and
14-4 (2) has completed at least 12 months of lifetime
14-5 service credit not later than the last day of the preceding month.
14-6 (b) This section does not apply to an employee of the Texas
14-7 Youth Commission.
14-8 Sec. 659.303. TEXAS YOUTH COMMISSION EMPLOYEES. (a) The
14-9 commission may include hazardous duty pay in the compensation paid
14-10 to an individual for services rendered during a month if the
14-11 individual:
14-12 (1) has routine direct contact with youth:
14-13 (A) placed in a residential facility of the
14-14 commission; or
14-15 (B) released under the commission's supervision;
14-16 and
14-17 (2) has completed at least 12 months of lifetime
14-18 service credit not later than the last day of the preceding month.
14-19 (b) For purposes of Subsection (a)(1), an individual who is
14-20 having routine direct contact with youth on any portion of the
14-21 first workday of a month is considered to have routine direct
14-22 contact with youth for the entire month.
14-23 (c) The commission's authority under Subsection (a) is
14-24 subject to any conditions or limitations in the General
14-25 Appropriations Act.
14-26 (d) The commission may not pay hazardous duty pay:
14-27 (1) from funds authorized for payment of an
14-28 across-the-board employee salary increase; or
14-29 (2) to an employee who works at the commission's
14-30 central office.
14-31 (e) In this section, "commission" means the Texas Youth
14-32 Commission.
14-33 Sec. 659.304. INELIGIBILITY TO RECEIVE HAZARDOUS DUTY PAY.
14-34 Hazardous duty pay may be paid only to an individual who is:
14-35 (1) entitled to receive the pay under Section 659.302;
14-36 or
14-37 (2) eligible to receive the pay under Section 659.303.
14-38 Sec. 659.305. AMOUNT OF HAZARDOUS DUTY PAY. (a) Except as
14-39 provided by Subsection (b), the amount of a full-time state
14-40 employee's hazardous duty pay for a particular month is the lesser
14-41 of:
14-42 (1) $7 for each 12-month period of lifetime service
14-43 credit accrued by the employee; or
14-44 (2) $210.
14-45 (b) This subsection applies only to a state employee whose
14-46 compensation for services provided to the state during any month
14-47 before August 1987 included hazardous duty pay that was based on
14-48 total state service performed before May 29, 1987. The amount of a
14-49 full-time state employee's hazardous duty pay for a particular
14-50 month is the sum of:
14-51 (1) $7 for each 12-month period of state service
14-52 credit the employee finished accruing before May 29, 1987; and
14-53 (2) $7 for each 12-month period of lifetime service
14-54 credit that the employee accrued after the date, which must be
14-55 before May 29, 1987, on which the employee finished accruing the
14-56 last 12-month period of state service credit.
14-57 (c) The amount determined under Subsection (b)(2) may not
14-58 exceed $210.
14-59 (d) For purposes of Subsections (a)(1) and (b)(2), the
14-60 number of 12-month periods of lifetime service credit that the
14-61 employee has accrued must be determined as of the last day of the
14-62 preceding month.
14-63 (e) A state employee is considered to be a full-time state
14-64 employee for purposes of Subsection (a) or (b) if the employee is
14-65 a full-time state employee for any portion of the first workday of
14-66 the month.
14-67 (f) The amount of a part-time state employee's hazardous
14-68 duty pay is proportional to the amount of a full-time state
14-69 employee's pay under Subsection (a) or (b).
15-1 (g) A state employee may not receive more than $7 for each
15-2 12-month period of lifetime service credit, regardless of:
15-3 (1) the number of positions the employee holds; or
15-4 (2) the number of hours the employee works each week.
15-5 Sec. 659.306. RESPONSIBILITY FOR PAYING HAZARDOUS DUTY PAY.
15-6 The state agency that employs an individual at the beginning of the
15-7 first workday of a month must pay any hazardous duty pay that is
15-8 included in the compensation paid to the individual for services
15-9 rendered during that month. If the individual transfers to a
15-10 second state agency during that month, the first agency remains
15-11 responsible for paying the full amount of hazardous duty pay for
15-12 that month.
15-13 Sec. 659.307. SERVICE CREDIT. (a) The amount of an
15-14 individual's lifetime service credit equals the number of months
15-15 the individual has served in a hazardous duty position during the
15-16 individual's lifetime.
15-17 (b) The amount of an individual's state service credit
15-18 equals the sum of:
15-19 (1) the amount of the individual's lifetime service
15-20 credit, as determined under Subsection (a); and
15-21 (2) the number of months during the individual's
15-22 lifetime that the individual has provided services to the state in
15-23 a position that is not a hazardous duty position.
15-24 Sec. 659.308. ADMINISTRATION. The comptroller may establish
15-25 procedures and adopt rules to administer this subchapter.
15-26 SECTION 25. Section 660.203(a), Government Code, is amended
15-27 to read as follows:
15-28 (a) An individual is entitled to reimbursement for the
15-29 actual expense of meals and lodging incurred while performing the
15-30 duties of the individual's office or employment if the individual
15-31 is:
15-32 (1) a judicial officer;
15-33 (2) a chief administrative officer of a state agency,
15-34 subject to Subsection (c);
15-35 (3) the executive director of the Texas Legislative
15-36 Council; [or]
15-37 (4) the secretary of the senate;
15-38 (5) a member of the Texas Natural Resource
15-39 Conservation Commission, the Texas Workforce Commission, the Public
15-40 Utility Commission of Texas, the Board of Pardons and Paroles, or
15-41 the Sabine River Compact Administration; or
15-42 (6) a full-time member of a board and receives a
15-43 salary from the state for service on that board.
15-44 SECTION 26. Chapter 666, Government Code, as added by Chapter
15-45 1467, Acts of the 76th Legislature, Regular Session, 1999, is
15-46 amended to read as follows:
15-47 CHAPTER 666. RECOVERING [PAYROLL DEDUCTION TO RECOUP]
15-48 EXCESS COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
15-49 Sec. 666.001. DEFINITIONS. In this chapter:
15-50 (1) "Compensation" includes:
15-51 (A) base salary or wages;
15-52 (B) longevity or hazardous duty pay;
15-53 (C) benefit replacement pay;
15-54 (D) a payment for the balance of vacation and
15-55 sick leave under Subchapter B, Chapter 661;
15-56 (E) a payment for the accrued balance of
15-57 vacation time under Subchapter C, Chapter 661; and
15-58 (F) an emolument provided in lieu of base salary
15-59 or wages.
15-60 (2) "Indebtedness" means the amount of compensation
15-61 paid to a state employee that exceeds the amount the employee is
15-62 eligible to receive under law because at the time the compensation
15-63 was paid:
15-64 (A) the employee was ineligible to receive the
15-65 entire amount paid; or
15-66 (B) the employee's eligibility to receive the
15-67 entire amount paid was conditioned on:
15-68 (i) the occurrence of an event that did
15-69 not occur; or
16-1 (ii) the employee's fulfillment of a
16-2 promise that the employee did not fulfill.
16-3 (3) "State agency" means a board, commission, council,
16-4 committee, department, office, agency, or other governmental entity
16-5 in the executive, legislative, or judicial branch of state
16-6 government. The term includes:
16-7 (A) the Texas Guaranteed Student Loan
16-8 Corporation; and
16-9 (B) an institution of higher education as
16-10 defined by Section 61.003, Education Code, other than a public
16-11 junior or community college.
16-12 (4) "State employee" means an officer or employee of a
16-13 state agency.
16-14 (5) "Successor" means:
16-15 (A) the estate of a deceased state employee;
16-16 (B) the surviving spouse of a deceased state
16-17 employee; or
16-18 (C) the distributees of the estate of a deceased
16-19 state employee.
16-20 Sec. 666.002. RECOVERY [DEDUCTION] AUTHORIZATION. (a) A
16-21 state agency may recover in accordance with this chapter [deduct]
16-22 the amount of a state employee's indebtedness to the agency [from
16-23 any amount of compensation the agency owes the employee or the
16-24 employee's successor] if:
16-25 (1) the agency provides a notice to the employee or
16-26 successor that complies with Section 666.003;
16-27 (2) the agency provides the employee or successor with
16-28 an opportunity to exercise any due process or other constitutional
16-29 or statutory protection that must be accommodated before the agency
16-30 may begin a collection action or procedure;
16-31 (3) the agency determines that the recovery
16-32 [deduction] would not violate any applicable law or rule of this
16-33 state or the United States; and
16-34 (4) the comptroller is not responsible under Section
16-35 404.046, 404.069, or 2103.003 for paying the amount owed by the
16-36 agency to the employee or successor through the issuance of a
16-37 warrant or initiation of an electronic funds transfer.
16-38 (b) The comptroller may recover in accordance with this
16-39 chapter [deduct] the amount of a state employee's indebtedness to a
16-40 state agency [from any amount of compensation the agency owes the
16-41 employee or the employee's successor] if:
16-42 (1) the agency provides a notice to the employee or
16-43 successor that complies with Section 666.003;
16-44 (2) the agency's request for [agency requests] the
16-45 comptroller to recover the indebtedness complies [make the
16-46 deduction in accordance] with Section 666.005; and
16-47 (3) the comptroller is responsible under Section
16-48 404.046, 404.069, or 2103.003 for paying the amount owed by the
16-49 agency to the employee or the successor through the issuance of a
16-50 warrant or initiation of an electronic funds transfer.
16-51 (c) A state agency may recover the amount of a state
16-52 employee's indebtedness to the agency under this chapter by:
16-53 (1) deducting the amount of the indebtedness from any
16-54 amount of compensation the agency owes the employee or the
16-55 employee's successor; or
16-56 (2) reducing the gross amount of base salary or wages
16-57 that the agency owes the employee or the employee's successor for
16-58 services provided by the employee during any pay period after the
16-59 pay period in which the indebtedness was incurred.
16-60 (d) The comptroller may recover the amount of a state
16-61 employee's indebtedness to a state agency under this chapter by:
16-62 (1) deducting the amount of the indebtedness from any
16-63 amount of compensation the agency owes the employee or the
16-64 employee's successor; or
16-65 (2) reducing the gross amount of base salary or wages
16-66 that the agency owes the employee or the employee's successor for
16-67 services provided by the employee during any pay period after the
16-68 pay period in which the indebtedness was incurred.
16-69 (e) For the purposes of Subsections (c)(2) and (d)(2), an
17-1 indebtedness is incurred during the pay period the compensation is
17-2 earned by the employee. For purposes of this subsection,
17-3 compensation is earned without regard to whether the amount of that
17-4 compensation exceeds the amount the employee was eligible to
17-5 receive.
17-6 Sec. 666.003. NOTICE. (a) A state agency shall provide
17-7 notice to a state employee or the employee's successor before the
17-8 agency:
17-9 (1) recovers [deducts] the amount of the employee's
17-10 indebtedness to the agency under Section 666.002(a); or
17-11 (2) requests the comptroller to recover the amount of
17-12 the employee's indebtedness to the agency [make a deduction] under
17-13 Section 666.002(b).
17-14 (b) The notice must:
17-15 (1) be given in a manner reasonably calculated to give
17-16 actual notice to the employee or successor;
17-17 (2) state the:
17-18 (A) amount of the indebtedness; and
17-19 (B) name of the indebted employee;
17-20 (3) specify the date by which the indebtedness must be
17-21 paid; and
17-22 (4) inform the employee or successor that unless the
17-23 indebtedness is paid on or before the date specified, the amount of
17-24 the indebtedness may be recovered by:
17-25 (A) deducting it [deducted] from any amount of
17-26 compensation the agency owes the employee or successor; or
17-27 (B) reducing the gross amount of base salary or
17-28 wages that the agency owes the employee or successor for services
17-29 provided by the employee during any pay period after the pay period
17-30 in which the indebtedness was incurred.
17-31 (c) For purposes of Subsection (b)(4)(B), an indebtedness is
17-32 incurred during the pay period the compensation is earned by the
17-33 employee. For purposes of this subsection, compensation is earned
17-34 without regard to whether the amount of that compensation exceeds
17-35 the amount the employee was eligible to receive.
17-36 Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
17-37 remains owed after a recovery [deduction] under Section 666.002
17-38 shall be paid to the state employee or successor.
17-39 Sec. 666.005. RECOVERY [DEDUCTION] REQUESTS TO THE
17-40 COMPTROLLER. (a) A state agency may not request the comptroller to
17-41 make a recovery [deduction from compensation owed to a state
17-42 employee or successor] under Section 666.002(b) before the agency:
17-43 (1) provides the employee or successor the opportunity
17-44 to exercise any due process or other constitutional or statutory
17-45 protection that must be accommodated before a collection action or
17-46 procedure may begin; and
17-47 (2) determines that the recovery [deduction] would not
17-48 violate any applicable law or rule of this state or the United
17-49 States.
17-50 (b) The comptroller may not investigate or determine whether
17-51 the agency has complied with Subsection (a)(1). The comptroller
17-52 may rely on a determination made under Subsection (a)(2).
17-53 (c) A state agency's request to the comptroller to make a
17-54 recovery [deduction] under Section 666.002(b) must comply with the
17-55 comptroller's requirements for format, content, and frequency.
17-56 Sec. 666.006. ASSIGNEES. (a) The assignee of a state
17-57 employee or the employee's successor is considered to be a
17-58 successor for the purposes of this chapter, except that a recovery
17-59 [deduction] under this chapter from the compensation or base salary
17-60 or wages owed to the assignee of a state employee or the employee's
17-61 successor may not be made if the assignment became effective before
17-62 [after] the employee incurred the indebtedness.
17-63 (b) For purposes of Subsection (a), an indebtedness is
17-64 incurred on:
17-65 (1) the date the compensation is paid, if eligibility
17-66 to receive the entire amount of the compensation was not
17-67 conditioned on a state employee fulfilling a promise; or
17-68 (2) the day after the deadline for a state employee to
17-69 fulfill a promise, if eligibility to receive the entire amount of
18-1 the compensation was conditioned on the employee fulfilling the
18-2 promise.
18-3 (c) This chapter neither authorizes nor prohibits a state
18-4 employee or the employee's successor from assigning the employee's
18-5 or successor's right or eligibility to receive compensation.
18-6 Sec. 666.007. OTHER METHODS OF RECOVERY NOT PROHIBITED. This
18-7 chapter does not prohibit the comptroller or a state agency from
18-8 recovering an indebtedness in any manner authorized by a law other
18-9 than this chapter.
18-10 Sec. 666.008. ADMINISTRATION. The comptroller may adopt
18-11 rules and establish procedures to administer this chapter.
18-12 SECTION 27. Sections 2101.011(a), (b), and (c), Government
18-13 Code, are amended to read as follows:
18-14 (a) In this section:
18-15 (1) "Annual financial report" means the annual
18-16 financial report required by this section.
18-17 (2) "Appropriated money" means money appropriated by
18-18 the legislature under the General Appropriations Act or other law.
18-19 [(2) "Appropriation item" includes an item listed in
18-20 the General Appropriations Act under an informational listing of
18-21 appropriated funds.]
18-22 (b) Not later than November 20 of each year, a [the
18-23 executive head of each] state agency shall submit an annual
18-24 financial report regarding the agency's use of appropriated money
18-25 during the preceding fiscal year to:
18-26 (1) the governor;
18-27 (2) the comptroller;
18-28 (3) the Legislative Reference Library;
18-29 (4) the state auditor; and
18-30 (5) the Legislative Budget Board.
18-31 (c) A state agency's [The] annual financial report must
18-32 include[:]
18-33 [(1)] a detailed statement of all assets, liabilities,
18-34 and fund balances, including:
18-35 (1) [(A)] cash on hand and on deposit in banks and
18-36 accounts in the state treasury;
18-37 (2) [(B)] the value of consumable supplies and
18-38 postage;
18-39 (3) [(C)] the value of the [state] agency's inventory
18-40 of movable equipment and other fixed assets;
18-41 (4) [(D)] all other assets;
18-42 (5) an itemization [(E) a list] of the investments,
18-43 bonds, notes, and other securities owned by any special funds under
18-44 the agency's jurisdiction [of the state agency], including the
18-45 amount and value of the securities;
18-46 (6) [(F)] all money due the [state] agency from any
18-47 source;
18-48 (7) [(G)] all outstanding commitments of the agency,
18-49 including amounts due for services or goods received by the agency;
18-50 (8) [(H)] a summary by source of all revenue collected
18-51 or accruing through the [state] agency; [and]
18-52 (9) [(I)] a summary of all appropriations,
18-53 expenditures, bona fide encumbrances, and other disbursements by
18-54 the [state] agency; and
18-55 (10) [(2) a list of all bonded employees, including
18-56 the name of the surety company, the name and title of the employee,
18-57 and the amount of the surety bond;]
18-58 [(3) an analysis of space occupied by the state
18-59 agency, including:]
18-60 [(A) the total number of square feet of space
18-61 rented by the agency;]
18-62 [(B) the total number of square feet of occupied
18-63 space in state-owned buildings;]
18-64 [(C) the name and address of each building in
18-65 which the state agency occupies space and the number of square feet
18-66 in each building devoted to a particular use;]
18-67 [(D) the cost per square foot of all rented
18-68 space;]
18-69 [(E) the annual and monthly cost of all rented
19-1 space;]
19-2 [(F) the lessor of all rented space;]
19-3 [(G) a statement of the state agency's progress
19-4 toward achieving the objective provided by Section 2165.104, if the
19-5 agency is subject to that section; and]
19-6 [(H) other information helpful to describe the
19-7 state agency's use of space;]
19-8 [(4) an itemized statement of all fees paid by the
19-9 state agency for professional and consulting services provided
19-10 under Chapter 2254, including the name of each person receiving
19-11 fees and the reason for the provision of the services;]
19-12 [(5) an itemized statement of all legal services paid
19-13 by the state agency, other than services provided by an employee of
19-14 the agency or the attorney general, that includes the name of each
19-15 person receiving fees and the reason for the provision of the
19-16 services;]
19-17 [(6) a copy of the report, relating to the state
19-18 agency's use and cost of operating aircraft that is state-owned or
19-19 under rental or long-term lease, prepared by the agency in
19-20 accordance with Section 2205.041;]
19-21 [(7) a list of any purchases made under Section
19-22 2155.067, including each product purchased, the purchase amount,
19-23 and the name of each vendor;]
19-24 [(8) for each fiscal year ending in an even-numbered
19-25 calendar year, a copy of the Master File Report Verification Form
19-26 certified by the General Land Office, if applicable to the state
19-27 agency, to confirm that the agency is in compliance with Subchapter
19-28 E, Chapter 31, Natural Resources Code, or, if the agency's
19-29 inventory record is not accurate and complete, a statement that the
19-30 appropriate forms will be submitted to the General Land Office not
19-31 later than the 15th day after the date of the annual report;]
19-32 [(9) a copy of the report, relating to the state
19-33 agency's use of historically underutilized businesses, prepared by
19-34 the agency in accordance with Section 2161.124;]
19-35 [(10) a report of any transfer of appropriated money
19-36 between appropriation items that shows the sum of all transfers
19-37 affecting a particular item;]
19-38 [(11) a list of each passenger vehicle the state
19-39 agency purchased, including the make and model, purchase price,
19-40 assigned type of use, and fuel efficiency as expressed by the
19-41 manufacturer's fuel efficiency rating;]
19-42 [(12) a schedule, applicable to state agencies
19-43 determined by the Legislative Budget Board, detailing total
19-44 expenditures by or on behalf of a state agency for employee
19-45 benefits, such as social security, health insurance, and retirement
19-46 contributions, benefit replacement pay, and workers' and
19-47 unemployment compensation payments; bond debt service; and
19-48 payments for general governmental services as determined by the
19-49 comptroller, including services of the comptroller, the attorney
19-50 general, the General Services Commission, the Department of
19-51 Information Resources, and the state auditor;]
19-52 [(13) for an institution of higher education, the
19-53 total amount of lump-sum payments made to employees who separated
19-54 from state service during the fiscal year for accrued vacation and
19-55 compensatory leave; and]
19-56 [(14)] any other financial information requested by
19-57 the comptroller.
19-58 SECTION 28. Subchapter B, Chapter 2101, Government Code, is
19-59 amended by adding Section 2101.0115 to read as follows:
19-60 Sec. 2101.0115. OTHER INFORMATION REQUIRED OF STATE
19-61 AGENCIES. (a) A state agency shall submit an annual report to:
19-62 (1) the governor;
19-63 (2) the comptroller;
19-64 (3) the Legislative Reference Library;
19-65 (4) the state auditor; and
19-66 (5) the Legislative Budget Board.
19-67 (b) A state agency's annual report must cover an entire
19-68 fiscal year. The agency shall submit the report not later than the
19-69 date and in the form prescribed by the comptroller.
20-1 (c) A state agency's annual report must include:
20-2 (1) the name and job title of each bonded agency
20-3 employee, the amount of the bond, and the name of the surety
20-4 company that issued the bond;
20-5 (2) an analysis of space occupied by the agency,
20-6 including:
20-7 (A) the total amount of space rented by the
20-8 agency, expressed in square feet;
20-9 (B) the total amount of space occupied by the
20-10 agency in state-owned buildings, expressed in square feet;
20-11 (C) the name and address of each building in
20-12 which the agency occupies space and the amount of square feet in
20-13 each building devoted to each particular use;
20-14 (D) the cost per square foot of all rented
20-15 space;
20-16 (E) the annual and monthly cost of all rented
20-17 space;
20-18 (F) the name of each lessor of space rented by
20-19 the agency;
20-20 (G) a description of the agency's progress
20-21 toward achieving the objective provided by Section 2165.104, if the
20-22 agency is subject to that section; and
20-23 (H) any other information helpful to describe
20-24 the agency's use of space;
20-25 (3) an itemization of all fees paid by the agency for
20-26 professional or consulting services provided under Subchapter A or
20-27 B, Chapter 2254, including the name of each person receiving those
20-28 fees and the reason for the provision of the services;
20-29 (4) an itemization of all fees paid by the agency for
20-30 legal services, other than legal services provided by an agency
20-31 employee or the attorney general, including the name of each person
20-32 receiving those fees and the reason for the provision of the
20-33 services;
20-34 (5) a copy of the form prepared by the agency under
20-35 Section 2205.041, relating to the agency's use and cost of
20-36 operating aircraft that are state-owned or under rental or
20-37 long-term lease;
20-38 (6) an itemization of any purchases made under Section
20-39 2155.067, including each product purchased, the amount of the
20-40 purchase, and the name of the vendor;
20-41 (7) for each fiscal year ending in an even-numbered
20-42 calendar year:
20-43 (A) a copy of the master file report
20-44 verification form certified by the General Land Office, if
20-45 applicable to the agency, to confirm that the agency is in
20-46 compliance with Subchapter E, Chapter 31, Natural Resources Code;
20-47 or
20-48 (B) if the agency's inventory record is
20-49 inaccurate or incomplete, a statement that the agency will submit
20-50 the appropriate forms to the General Land Office not later than the
20-51 15th day after the date the agency submits its annual report;
20-52 (8) a copy of the report prepared by the agency under
20-53 Section 2161.124, relating to the agency's use of historically
20-54 underutilized businesses;
20-55 (9) a report of each transfer of appropriated money
20-56 between appropriation items that shows the sum of all transfers
20-57 affecting each item;
20-58 (10) an itemization of each passenger vehicle the
20-59 agency purchased, including the make, model, purchase price,
20-60 assigned type of use, and fuel efficiency as expressed by the
20-61 manufacturer's fuel efficiency rating;
20-62 (11) a schedule, applicable to state agencies
20-63 determined by the Legislative Budget Board, detailing total
20-64 expenditures by or on behalf of the agency for:
20-65 (A) employee benefits, including social
20-66 security, health insurance, retirement contributions, benefit
20-67 replacement pay, and workers' and unemployment compensation
20-68 payments;
20-69 (B) bond debt service; and
21-1 (C) payments for general governmental services
21-2 as defined by the comptroller, including services of the
21-3 comptroller, the attorney general, the General Services Commission,
21-4 the Department of Information Resources, and the state auditor;
21-5 (12) for an institution of higher education, the total
21-6 amount of lump-sum vacation and compensatory leave payments made to
21-7 employees who separated from state service during the fiscal year;
21-8 (13) the name and job title of each state officer or
21-9 employee authorized to use a state-owned or state-leased vehicle
21-10 and the reasons for the authorization, in accordance with Section
21-11 2113.013; and
21-12 (14) a report of expenditures made for each commodity
21-13 or service identified under Section 2155.448, including:
21-14 (A) the total amount spent on those commodities
21-15 and services;
21-16 (B) the total amount spent for commodities and
21-17 services purchased that accomplish the same purpose; and
21-18 (C) the total amount spent for all other
21-19 recycled, remanufactured, or environmentally sensitive commodities
21-20 or services, itemized by type of commodity or service.
21-21 (d) In this section:
21-22 (1) "Annual report" means the annual report required
21-23 by this section.
21-24 (2) "Appropriated money" means money appropriated by
21-25 the legislature under the General Appropriations Act or other law.
21-26 (3) "Appropriation item" includes an item listed in
21-27 the General Appropriations Act under an informational listing of
21-28 appropriated funds.
21-29 SECTION 29. Section 2101.012(b), Government Code, is amended
21-30 to read as follows:
21-31 (b) The procedures must:
21-32 (1) comply with generally accepted accounting
21-33 principles as established by the Governmental Accounting Standards
21-34 Board and the American Institute of Certified Public Accountants or
21-35 their successors; and
21-36 (2) include the requirements for compliance with the
21-37 federal Single Audit Act of 1984 and Office of Management and
21-38 Budget Circular A-133 [A-128] and any subsequent changes or
21-39 amendments that will fulfill the audit requirements for a statewide
21-40 single audit[; and]
21-41 [(3) to provide for maximum consistency with the
21-42 national reporting system for higher education, incorporate insofar
21-43 as possible the provisions of the financial accounting and
21-44 reporting manual published by the National Association of College
21-45 and University Business Officers].
21-46 SECTION 30. Section 2103.004, Government Code, is amended to
21-47 read as follows:
21-48 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS.
21-49 (a) A warrant may not be drawn or an electronic funds transfer
21-50 initiated until:
21-51 (1) the state agency from whose appropriated or
21-52 unappropriated funds the warrant or electronic funds transfer is
21-53 payable has submitted a voucher to the comptroller;
21-54 (2) the state agency has approved the voucher in
21-55 accordance with this chapter; and
21-56 (3) the comptroller has audited and approved the
21-57 voucher as required by law.
21-58 (b) A state agency's approval of a voucher includes the
21-59 agency's approval of any interest that must be paid at the same
21-60 time the principal amount is paid to a vendor under Chapter 2251.
21-61 In this subsection, "state agency" has the meaning assigned by
21-62 Section 2251.001.
21-63 SECTION 31. Section 2107.008, Government Code, is amended to
21-64 read as follows:
21-65 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
21-66 PROHIBITED. (a) Except as provided by this section, a state
21-67 agency, as a ministerial duty, may not use funds in or outside of
21-68 the state treasury to pay a person if[:]
21-69 [(1)] Section 403.055 prohibits the comptroller from
22-1 issuing a warrant or initiating an electronic funds transfer to the
22-2 person.
22-3 (b) Except as provided by this section, a state agency may
22-4 refuse to use funds in or outside of the state treasury to pay a
22-5 person if[; or]
22-6 [(2)] the person is indebted to the state or has a tax
22-7 delinquency and[,] the agency is responsible for collecting that
22-8 indebtedness or delinquency. This subsection applies only if[,
22-9 and] Section 403.055 does not prohibit the comptroller from issuing
22-10 a warrant or initiating an electronic funds transfer to the person.
22-11 (c) [(b)] A state agency may not pay the assignee of a
22-12 person that the agency may not pay under Subsection (a) [(a)(1)] if
22-13 Section 403.055 prohibits the comptroller from issuing a warrant or
22-14 initiating an electronic funds transfer to the assignee. The
22-15 agency may refuse to [not] pay the assignee of a person that the
22-16 agency may refuse to [not] pay under Subsection (b) [(a)(2)] if the
22-17 assignment became effective after the person became indebted to the
22-18 state or incurred a tax delinquency.
22-19 (d) [(c)] A state agency that Subsection (a) prohibits from
22-20 making a payment to a person also is prohibited from paying any
22-21 part of that payment to:
22-22 (1) the person's estate;
22-23 (2) the distributees of the person's estate; or
22-24 (3) the person's surviving spouse.
22-25 (e) A state agency that may refuse to make a payment to a
22-26 person under Subsection (b) also may refuse to make any part of
22-27 that payment to:
22-28 (1) the person's estate;
22-29 (2) the distributees of the person's estate; or
22-30 (3) the person's surviving spouse.
22-31 (f) [(d)] This section neither prohibits [does not prohibit]
22-32 a state agency from paying nor authorizes a state agency to refuse
22-33 to pay a person [subject to Subsection (a)(2)] or the person's
22-34 assignee if the agency determines that the person is complying with
22-35 an installment payment agreement or similar agreement between the
22-36 agency and that person to pay or eliminate the debt or delinquency.
22-37 (g) [(e)] The comptroller may not reimburse a state agency
22-38 for a payment that the comptroller determines was made in violation
22-39 of Subsection (a) [this section].
22-40 (h) [(f)] Subsection (b) [(a)(2)] does not authorize
22-41 [prohibit] a state agency to refuse to pay [from paying]:
22-42 (1) the compensation of a state officer or employee;
22-43 or
22-44 (2) the remuneration of an individual if the
22-45 remuneration is being paid by a private person through the agency.
22-46 (i) [(g)] Subsection (b) [(a)(2)] does not authorize
22-47 [prohibit] a state agency to refuse to make [from making] a payment
22-48 if:
22-49 (1) the payment would be made in whole or in part with
22-50 money paid to the state by the United States; and
22-51 (2) the agency determines that federal law:
22-52 (A) requires the payment to be made; or
22-53 (B) conditions the state's receipt of the money
22-54 on the payment being made.
22-55 (j) [(h)] A state agency may not refuse to make a payment
22-56 under Subsection (b) [(a)(2)] before the agency has provided the
22-57 person with an opportunity to exercise any due process or other
22-58 constitutional or statutory protection that must be accommodated
22-59 before the agency or the state may begin a collection action or
22-60 procedure.
22-61 (k) Subsection (a) does not prohibit a state agency from
22-62 making a payment if each state agency that properly reported the
22-63 person to the comptroller under Section 403.055(f) consents to the
22-64 payment.
22-65 (l) [(i)] This section does not apply to the extent that
22-66 Section 57.482, Education Code, applies.
22-67 (m) [(j)] This section applies to a payment only if the
22-68 comptroller is not responsible under Section 404.046, 404.069, or
22-69 2103.003 for issuing a warrant or initiating an electronic funds
23-1 transfer to make the payment.
23-2 (n) In [(k) Notwithstanding Section 2107.001, in] this
23-3 section:
23-4 (1) "Compensation," ["compensation," "state agency,"]
23-5 "state officer or employee," and "tax delinquency" have the
23-6 meanings assigned by Section 403.055.
23-7 (2) "State agency" has the meaning assigned by Section
23-8 403.055, notwithstanding Section 2107.001.
23-9 SECTION 32. Section 2110.001, Government Code, is amended to
23-10 read as follows:
23-11 Sec. 2110.001. DEFINITION. In this chapter, "advisory
23-12 committee" means a committee, council, commission, task force, or
23-13 other entity with multiple members [in the executive branch of
23-14 state government] that[:]
23-15 [(1) is not a state agency;]
23-16 [(2) is created by or under state law; and]
23-17 [(3)] has as its primary function advising a state
23-18 agency in the executive branch of state government.
23-19 SECTION 33. Chapter 2110, Government Code, is amended by
23-20 adding Sections 2110.0011 and 2110.0012 to read as follows:
23-21 Sec. 2110.0011. APPLICABILITY OF CHAPTER. This chapter
23-22 applies unless and to the extent:
23-23 (1) another state law specifically states that this
23-24 chapter does not apply; or
23-25 (2) a federal law or regulation:
23-26 (A) imposes an unconditional requirement that
23-27 irreconcilably conflicts with this chapter; or
23-28 (B) imposes a condition on the state's
23-29 eligibility to receive money from the federal government that
23-30 irreconcilably conflicts with this chapter.
23-31 Sec. 2110.0012. ESTABLISHMENT OF ADVISORY COMMITTEES. For
23-32 purposes of this chapter, a state agency has established an
23-33 advisory committee if:
23-34 (1) state or federal law has specifically created the
23-35 committee to advise the agency; or
23-36 (2) the agency has, under state or federal law,
23-37 created the committee to advise the agency.
23-38 SECTION 34. Section 2110.002, Government Code, is amended to
23-39 read as follows:
23-40 Sec. 2110.002. COMPOSITION OF ADVISORY COMMITTEES. (a) An
23-41 [Notwithstanding other law, an] advisory committee must be composed
23-42 of a reasonable number of members not to exceed 24.
23-43 (b) The composition of an advisory [the] committee that
23-44 advises a state agency regarding an industry or occupation
23-45 regulated or directly affected by the agency must [also] provide a
23-46 balanced representation between:
23-47 (1) the industry or occupation [industries or
23-48 occupations regulated or directly affected by the advised state
23-49 agency]; and
23-50 (2) consumers of services provided [either] by the
23-51 [advised state] agency, industry, or occupation [or by industries
23-52 or occupations regulated by the agency].
23-53 [(b) This section does not apply to an advisory committee if
23-54 the committee must be composed in a manner that is inconsistent
23-55 with this section under federal law or for federal funding
23-56 purposes.]
23-57 SECTION 35. Section 2110.003(a), Government Code, is amended
23-58 to read as follows:
23-59 (a) An advisory committee shall select from among its
23-60 members a presiding officer[, unless a different procedure for
23-61 selecting the presiding officer is prescribed by other law].
23-62 SECTION 36. Section 2110.005, Government Code, is amended to
23-63 read as follows:
23-64 Sec. 2110.005. AGENCY-DEVELOPED STATEMENT OF PURPOSE AND
23-65 TASKS; REPORTING REQUIREMENTS. A state agency that establishes [is
23-66 advised by] an advisory committee shall by rule [adopt rules that]:
23-67 (1) state the purpose and tasks of the committee; and
23-68 (2) describe [the task of the committee and] the
23-69 manner in which the committee will report to the agency.
24-1 SECTION 37. Section 2110.006, Government Code, is amended to
24-2 read as follows:
24-3 Sec. 2110.006. AGENCY EVALUATION OF COMMITTEE COSTS AND
24-4 EFFECTIVENESS. A state agency that has established [is advised by]
24-5 an advisory committee shall evaluate annually:
24-6 (1) the committee's work;
24-7 (2) the committee's usefulness; and
24-8 (3) the costs related to the committee's existence,
24-9 including the cost of agency staff time spent in support of the
24-10 committee's activities.
24-11 SECTION 38. Section 2110.007, Government Code, is amended to
24-12 read as follows:
24-13 Sec. 2110.007. REPORT TO THE LEGISLATIVE BUDGET BOARD. A
24-14 state agency that has established [is advised by] an advisory
24-15 committee shall report to the Legislative Budget Board the
24-16 information developed in the evaluation required by Section
24-17 2110.006. The agency shall file the report biennially in
24-18 connection with the agency's request for appropriations.
24-19 SECTION 39. Section 2110.008, Government Code, is amended to
24-20 read as follows:
24-21 Sec. 2110.008. DURATION OF ADVISORY COMMITTEES. (a) A state
24-22 agency that has established [is advised by] an advisory committee
24-23 may designate the [shall establish by rule a] date on which the
24-24 committee will automatically be abolished. The designation must be
24-25 by rule. The [advisory] committee may continue in existence after
24-26 that date only if the [governing body of the] agency amends the
24-27 rule to provide for a different abolishment date [affirmatively
24-28 votes to continue the committee in existence].
24-29 (b) Unless the state agency that establishes an [An]
24-30 advisory committee designates a different date under Subsection
24-31 (a), the committee is automatically abolished on the later of:
24-32 (1) September 1, 2005; or
24-33 (2) the fourth anniversary of the date of its creation
24-34 [unless the governing body of the agency establishes a different
24-35 date under Subsection (a)].
24-36 (c) An advisory committee that state or federal law has
24-37 specifically created as described in Section 2110.0012(1) is
24-38 considered for purposes of Subsection (b)(2) to have been created
24-39 on the effective date of that law unless the law specifically
24-40 provides for a different date of creation.
24-41 (d) This section does not apply to an advisory committee
24-42 that has a specific duration prescribed by statute.
24-43 SECTION 40. Section 2113.001, Government Code, as added by
24-44 Chapter 1498, Acts of the 76th Legislature, Regular Session, 1999,
24-45 is amended to read as follows:
24-46 Sec. 2113.001. DEFINITIONS. Except as otherwise provided by
24-47 this chapter, in [In] this chapter:
24-48 (1) "Appropriated money" means money appropriated by
24-49 the legislature through the General Appropriations Act or other
24-50 law.
24-51 (2) "State agency" means:
24-52 (A) a department, commission, board, office, or
24-53 other entity in the executive branch of state government;
24-54 (B) the supreme court, the court of criminal
24-55 appeals, another entity in the judicial branch of state government
24-56 with statewide authority, or a court of appeals; or
24-57 (C) a university system or an institution of
24-58 higher education as defined by Section 61.003, Education Code,
24-59 except that a public junior college is excluded from the meaning of
24-60 the term in [Subchapter D and] all of Subchapter C except Section
24-61 2113.101 and all of Subchapter D except Section 2113.205.
24-62 SECTION 41. Section 2113.013(b), Government Code, is amended
24-63 to read as follows:
24-64 (b) The administrative head of a state agency may authorize
24-65 an officer or employee to use a state-owned or state-leased motor
24-66 vehicle to commute to and from work when the administrative head
24-67 determines that the use may be necessary to ensure that vital
24-68 agency functions are performed. The name and job title of each
24-69 individual authorized under this subsection, and the reasons for
25-1 the authorization, must be included in the [annual] report required
25-2 by Section 2101.0115 [law].
25-3 SECTION 42. Section 2113.205, Government Code, is amended to
25-4 read as follows:
25-5 Sec. 2113.205. CERTAIN EXPENDITURES INVOLVING MULTIPLE [TWO]
25-6 FISCAL YEARS. (a) Except as provided by this subsection, a [The
25-7 comptroller shall adopt rules to permit] state agency may [agencies
25-8 to] use money appropriated for a particular fiscal year to pay
25-9 expenses related to conducting or attending a seminar or a
25-10 conference only to the extent it occurs during that year. To the
25-11 extent that it is cost-effective, a state agency may use money
25-12 appropriated for a particular fiscal year to pay expenses related
25-13 to conducting or attending a seminar or conference [seminars and
25-14 conferences] that will [not] occur partly or entirely during a
25-15 different [until the next] fiscal year [in circumstances when it is
25-16 cost-effective to do so].
25-17 (b) A [The comptroller also shall adopt rules to permit]
25-18 state agency may [agencies to] use money appropriated for a
25-19 particular fiscal year to pay the entire cost or amount of a
25-20 [expenses for items such as] periodical [subscriptions and monthly
25-21 utility charges in circumstances when the billing or] subscription,
25-22 a maintenance contract, a post office box rental, insurance, or a
25-23 surety or honesty bond, regardless of whether it covers more than
25-24 one [period extends to the next] fiscal year.
25-25 (c) A state agency may use money appropriated for a
25-26 particular fiscal year to pay for a utility service provided during
25-27 that fiscal year and September of the next fiscal year.
25-28 (d) The comptroller may establish procedures and adopt rules
25-29 to administer this section.
25-30 (e) In this section:
25-31 (1) "Institution of higher education" has the meaning
25-32 assigned by Section 61.003, Education Code.
25-33 (2) "State agency" means:
25-34 (A) a department, commission, board, office, or
25-35 other entity in the executive branch of state government, including
25-36 an institution of higher education;
25-37 (B) the supreme court, the court of criminal
25-38 appeals, another entity in the judicial branch of state government
25-39 with statewide authority, or a court of appeals; or
25-40 (C) the legislature or another entity in the
25-41 legislative branch of state government with statewide authority.
25-42 (3) "Utility service" means:
25-43 (A) the furnishing of electricity, water, or
25-44 natural gas;
25-45 (B) a telecommunications service, a wastewater
25-46 treatment service, or a waste disposal service; or
25-47 (C) any similar commodity or service that the
25-48 comptroller considers to be a utility service.
25-49 SECTION 43. Section 2155.004, Government Code, is amended to
25-50 read as follows:
25-51 Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED. (a) A
25-52 state agency may not accept a bid or award a contract that includes
25-53 proposed financial participation by a person who received
25-54 compensation from the agency to participate in preparing the
25-55 specifications or request for proposals on which the bid or
25-56 contract is based.
25-57 (b) [A state agency may not accept a bid or award a contract
25-58 to any individual not residing in this state or business entity not
25-59 incorporated in or whose principal domicile is not in this state
25-60 unless the individual or business entity:]
25-61 [(1) holds a permit issued by the comptroller to
25-62 collect or remit all state and local sales and use taxes that
25-63 become due and owing as a result of the individual's or entity's
25-64 business in this state; or]
25-65 [(2) certifies that it does not sell tangible personal
25-66 property or services that are subject to the state and local sales
25-67 and use tax.]
25-68 [(c)] A bid or award subject to the requirements of this
25-69 section must include the following statement:
26-1 "Under Section 2155.004, Government Code, the vendor
26-2 certifies that the individual or business entity named in this bid
26-3 or contract is not ineligible to receive the specified contract and
26-4 acknowledges that this contract may be terminated and payment
26-5 withheld if this certification is inaccurate."
26-6 (c) [(d)] If a state agency determines that an individual or
26-7 business entity holding a state contract was ineligible to have the
26-8 contract accepted or awarded under Subsection (a) [or (b)], the
26-9 state agency may immediately terminate the contract without further
26-10 obligation to the vendor.
26-11 (d) [(e) If the certification required under Subsection
26-12 (b)(2) is shown to be false, the vendor is liable to the state for
26-13 attorney's fees, the costs necessary to complete the contract,
26-14 including the cost of advertising and awarding a second contract,
26-15 and any other damages provided by law or contract.]
26-16 [(f)] This section does not create a cause of action to
26-17 contest a bid or award of a state contract.
26-18 (e) [(g) In the absence of a certification by the vendor
26-19 under Subsection (b)(2), the purchasing state agency shall
26-20 determine if a prospective vendor holds a permit for the collection
26-21 and remission of state and local sales and use taxes.]
26-22 [(h)] This section does not prohibit a bidder or contract
26-23 participant from providing free technical assistance to a state
26-24 agency.
26-25 SECTION 44. Section 2155.448(c), Government Code, is amended
26-26 to read as follows:
26-27 (c) A state agency shall include [report] in the [its annual
26-28 financial] report required by Section 2101.0115, and in an annual
26-29 report to the commission at a date and in a manner and form
26-30 prescribed by the commission, the expenditures made during the
26-31 preceding state fiscal year for each of the commodities or services
26-32 identified under Subsection (a). The annual report must at a
26-33 minimum identify the total amount spent on those commodities and
26-34 services and the total amount spent for commodities and services
26-35 purchased that accomplish the same purpose. State [Additionally,
26-36 state] agencies shall include in the reports [report] the amount
26-37 spent for all other recycled, remanufactured, and environmentally
26-38 sensitive commodities and services by type of commodity and service
26-39 [as prescribed by the commission].
26-40 SECTION 45. Section 2166.402, Government Code, is amended to
26-41 read as follows:
26-42 Sec. 2166.402. Energy Conservation Standards for Entities
26-43 Otherwise Excluded From Chapter. (a) The governing body of a state
26-44 agency, commission, or institution that is exempt from this chapter
26-45 under Section 2166.003 shall adopt and publish energy conservation
26-46 design standards as provided by Section 447.004 for a new building
26-47 under the entity's authority. The standards must be:
26-48 (1) consistent with those adopted by the commission
26-49 for other state buildings; and
26-50 (2) prepared in cooperation and consultation with the
26-51 state energy conservation [management center of the governor's]
26-52 office.
26-53 (b) The state energy conservation [management center of the
26-54 governor's] office shall assist the [a] governing body of a state
26-55 agency, commission, or institution subject to Subsection (a) in
26-56 preparing energy conservation standards by providing technical
26-57 assistance and advice.
26-58 SECTION 46. Section 2251.001, Government Code, is amended to
26-59 read as follows:
26-60 Sec. 2251.001. DEFINITIONS. Except as otherwise provided by
26-61 this chapter, in [In] this chapter:
26-62 (1) "Distribution date" means:
26-63 (A) if no payment law prohibits the comptroller
26-64 from issuing a warrant, the date the comptroller makes the warrant
26-65 available:
26-66 (i) for mailing directly to its payee
26-67 under Section 2155.382(c); or
26-68 (ii) to the state agency that requested
26-69 issuance of the warrant;
27-1 (B) if no payment law prohibits the comptroller
27-2 from initiating an electronic funds transfer, the date the
27-3 comptroller initiates the transfer;
27-4 (C) if a payment law prohibits the comptroller
27-5 from issuing a warrant, the date the comptroller would have made
27-6 the warrant available, in the absence of the payment law:
27-7 (i) for mailing directly to its payee
27-8 under Section 2155.382(c); or
27-9 (ii) to the state agency that requested
27-10 issuance of the warrant; or
27-11 (D) if a payment law prohibits the comptroller
27-12 from initiating an electronic funds transfer, the date the
27-13 comptroller would have made the warrant prepared under Section
27-14 403.0552(b) available, in the absence of the payment law:
27-15 (i) for mailing directly to its payee
27-16 under Section 2155.382(c); or
27-17 (ii) to the state agency that requested
27-18 initiation of the transfer.
27-19 (2) "Goods" includes supplies, materials, or
27-20 equipment.
27-21 (3) [(2)] "Governmental entity" means a state agency
27-22 or political subdivision of this state.
27-23 (4) [(3)] "Payment" means money owed to a vendor.
27-24 (5) "Payment law" means:
27-25 (A) Section 57.48 or 57.482, Education Code;
27-26 (B) Section 231.007, Family Code;
27-27 (C) Section 403.055 or 2107.008; or
27-28 (D) any similar statute.
27-29 (6) [(4)] "Political subdivision" means:
27-30 (A) a county;
27-31 (B) a municipality;
27-32 (C) a public school district; or
27-33 (D) a special-purpose district or authority.
27-34 (7) [(5)] "Service" includes gas and water utility
27-35 service.
27-36 (8) [(6)] "State agency" means:
27-37 (A) a board, commission, department, office, or
27-38 other agency in the executive branch of state government that is
27-39 created by the constitution or a statute of this state, including a
27-40 river authority and an institution of higher education as defined
27-41 by Section 61.003, Education Code;
27-42 (B) the legislature or a legislative agency; or
27-43 (C) the Supreme Court of Texas, the Court of
27-44 Criminal Appeals of Texas, a court of appeals, a state judicial
27-45 agency, or the State Bar of Texas.
27-46 (9) [(7)] "Subcontractor" means a person who contracts
27-47 with a vendor to work or contribute toward completing work for a
27-48 governmental entity. The term does not include a state agency. The
27-49 term includes an officer or employee of a state agency when the
27-50 officer or employee contracts with a vendor in a private capacity.
27-51 (10) [(8)] "Vendor" means a person who supplies goods
27-52 or a service [services] to a governmental entity or another person
27-53 directed by the entity. The term does not include a state agency,
27-54 except for [includes] Texas Correctional Industries. The term
27-55 includes an officer or employee of a state agency when acting in a
27-56 private capacity to supply goods or a service.
27-57 SECTION 47. Section 2251.002(a), Government Code, is amended
27-58 to read as follows:
27-59 (a) This chapter does not apply to a payment made by a
27-60 governmental entity, vendor, or subcontractor if:
27-61 (1) there is a bona fide dispute between the political
27-62 subdivision and a vendor, contractor, subcontractor, or supplier
27-63 about the goods delivered or the service [services] performed that
27-64 causes the payment to be late;
27-65 (2) there is a bona fide dispute between a vendor and
27-66 a subcontractor or between a subcontractor and its supplier about
27-67 the goods delivered or the service [services] performed that causes
27-68 the payment to be late;
27-69 (3) the terms of a federal contract, grant,
28-1 regulation, or statute prevent the governmental entity from making
28-2 a timely payment with federal funds; or
28-3 (4) the invoice is not mailed to the person to whom it
28-4 is addressed in strict accordance with any instruction on the
28-5 purchase order relating to the payment.
28-6 SECTION 48. Section 2251.003, Government Code, is amended to
28-7 read as follows:
28-8 Sec. 2251.003. RULES. The General Services Commission shall
28-9 establish procedures and adopt rules to administer [implement] this
28-10 chapter, except that the commission may not establish a procedure
28-11 or adopt a rule that conflicts with a procedure established or a
28-12 rule adopted by the comptroller under Section 2251.026(h).
28-13 SECTION 49. Section 2251.021, Government Code, is amended by
28-14 amending Subsection (a) and adding Subsection (d) to read as
28-15 follows:
28-16 (a) Except as provided by Subsection (b), a payment by a
28-17 governmental entity under a contract executed on or after September
28-18 1, 1987, is overdue on the 31st day after the later of:
28-19 (1) the date the governmental entity receives the
28-20 goods under the contract;
28-21 (2) the date the performance of the service under the
28-22 contract is completed; or
28-23 (3) the date the governmental entity receives an
28-24 invoice for the goods or service [services].
28-25 (d) For purposes of this section, the renewal, amendment, or
28-26 extension of a contract is considered to be the execution of a new
28-27 contract.
28-28 SECTION 50. Section 2251.025, Government Code, is amended by
28-29 amending Subsections (a) and (c) and adding Subsection (d) to read
28-30 as follows:
28-31 (a) A payment begins to accrue interest on the date the
28-32 payment becomes [is] overdue.
28-33 (c) Interest on an overdue payment stops accruing on the
28-34 date the governmental entity or vendor mails or electronically
28-35 transmits the payment. In this subsection, "governmental entity"
28-36 does not include a state agency.
28-37 (d) This subsection applies only if the comptroller is not
28-38 responsible for issuing a warrant or initiating an electronic funds
28-39 transfer to pay the principal amount owed by a state agency to a
28-40 vendor. The accrual of interest on an overdue payment to the
28-41 vendor:
28-42 (1) stops on the date the agency mails or
28-43 electronically transmits the payment; and
28-44 (2) is not suspended during any period that a payment
28-45 law prohibits the agency from paying the vendor.
28-46 SECTION 51. Section 2251.025, Government Code, is amended by
28-47 amending Subsection (b) and adding Subsection (f) to read as
28-48 follows:
28-49 (b) Except as provided by Subsection (f), interest accrues
28-50 on an [An] overdue payment [bears interest] at the rate of one
28-51 percent each month.
28-52 (f) The amount of interest that accrues on an overdue
28-53 payment by a state agency under this chapter is the lesser of the
28-54 amount determined under:
28-55 (1) the applicable contract between the agency and the
28-56 vendor; or
28-57 (2) Subsections (a), (b), (d), and (e).
28-58 SECTION 52. (a) Section 2251.025, Government Code, is
28-59 amended by adding Subsection (e) to read as follows:
28-60 (e) This subsection applies only if the comptroller is
28-61 responsible for issuing a warrant or initiating an electronic funds
28-62 transfer to pay the principal amount owed by a state agency to a
28-63 vendor. Interest on an overdue payment to the vendor:
28-64 (1) stops accruing on its distribution date; and
28-65 (2) does not accrue at all if, on the date the
28-66 comptroller would issue a warrant or initiate an electronic funds
28-67 transfer to make the payment, a payment law prohibits the
28-68 comptroller from issuing the warrant or initiating the transfer.
28-69 (b) The addition of Subsection (e) to Section 2251.025,
29-1 Government Code, by Subsection (a) of this section is intended to
29-2 reflect existing law and does not imply that the law as it existed
29-3 before the effective date of this section is substantively
29-4 different from the law as it exists on and after the effective date
29-5 of this section.
29-6 (c) If Section 53(a) of this Act takes effect on the same
29-7 date this section would otherwise take effect, this section has no
29-8 effect.
29-9 (d) Section 2251.025(e), Government Code, as added by this
29-10 section, expires on the date Section 2251.025(e), Government Code,
29-11 is added by Section 53 of this Act.
29-12 SECTION 53. (a) Effective on the date determined as provided
29-13 by Subsection (b) of this section, Section 2251.025, Government
29-14 Code, is amended by adding Subsection (e) to read as follows:
29-15 (e) This subsection applies only if the comptroller is
29-16 responsible for issuing a warrant or initiating an electronic funds
29-17 transfer to pay the principal amount owed by a state agency to a
29-18 vendor. Interest on an overdue payment to the vendor:
29-19 (1) stops accruing on its distribution date; and
29-20 (2) is not suspended during any period that a payment
29-21 law prohibits the comptroller from issuing the warrant or
29-22 initiating the transfer.
29-23 (b) The changes in law made by Subsection (a) of this
29-24 section take effect on the date the comptroller files a
29-25 certification with the secretary of state that the comptroller has
29-26 completed modifications to the uniform statewide accounting system
29-27 to enable compliance with Section 2251.025(e), Government Code, as
29-28 added by Subsection (a) of this section. The secretary of state
29-29 shall publish in the Texas Register the certification filed by the
29-30 comptroller under this subsection.
29-31 SECTION 54. Section 2251.026, Government Code, is amended to
29-32 read as follows:
29-33 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. (a) A
29-34 [If the warrant for a payment the originating] state agency shall
29-35 pay from funds appropriated or otherwise available to [owes is not
29-36 mailed or electronically transmitted before the payment is
29-37 overdue,] the agency any [is liable for an] interest [payment] that
29-38 accrues on an overdue payment under this chapter. The interest
29-39 must be paid at the same time the principal amount is paid.
29-40 (b) The comptroller shall issue a warrant or initiate an
29-41 electronic funds transfer on behalf of a state agency to pay any
29-42 interest that the agency must pay under Subsection (a) if the
29-43 comptroller is responsible for issuing a warrant or initiating an
29-44 electronic funds transfer to pay the principal amount on behalf of
29-45 the agency.
29-46 (c) The comptroller shall determine the amount of [compute]
29-47 interest that accrues on an overdue payment by a [imposed on the]
29-48 state agency under this chapter if:
29-49 (1) the comptroller is responsible for issuing a
29-50 warrant or initiating an electronic funds transfer to pay the
29-51 principal amount on behalf of the agency; and
29-52 (2) the amount of interest is not determined under
29-53 Section 2251.025(f)(1).
29-54 (d) A state agency shall determine the amount of interest
29-55 that accrues on an overdue payment by the agency under this chapter
29-56 if:
29-57 (1) the comptroller is not responsible for issuing a
29-58 warrant or initiating an electronic funds transfer to pay the
29-59 principal amount on behalf of the agency;
29-60 (2) the amount of interest is determined under Section
29-61 2251.025(f)(1); or
29-62 (3) both Subdivisions (1) and (2) apply. [(c) The
29-63 comptroller shall pay the interest at the time payment is made on
29-64 the principal.]
29-65 [(d) The comptroller shall submit the interest payment with
29-66 the net amount due for goods and services.]
29-67 (e) Neither the [The] comptroller nor a [and the] state
29-68 agency may [not] require a vendor to request payment of the
29-69 interest that accrues under this chapter before [petition, bill, or
30-1 wait an additional day to receive] the interest is paid to the
30-2 vendor [due].
30-3 (f) The comptroller may require a state agency to submit any
30-4 information the comptroller determines necessary [and timely
30-5 information and adopt rules] to administer and comply with
30-6 Subsections (b) and (c). The information must be submitted at the
30-7 time and in the manner required by the comptroller [this section].
30-8 (g) The comptroller may require a state agency to change its
30-9 accounting systems or procedure as the comptroller determines
30-10 necessary to administer and comply with Subsections (b) and (c).
30-11 Any changes must conform with the comptroller's requirements.
30-12 (h) The comptroller may establish procedures and adopt rules
30-13 to administer Subsections (b), (c), (f), and (g).
30-14 SECTION 55. Section 2251.027(c), Government Code, is amended
30-15 to read as follows:
30-16 (c) The political subdivision shall submit the interest
30-17 payment with the net amount due for the goods or service [and
30-18 services].
30-19 SECTION 56. Section 2251.030(d), Government Code, is amended
30-20 to read as follows:
30-21 (d) A state agency, when paying for the goods or service
30-22 [and services] purchased under an agreement that includes a prompt
30-23 or early payment discount, shall submit the necessary payment
30-24 documents or information to the comptroller sufficiently in advance
30-25 of the prompt or early payment deadline to allow the comptroller or
30-26 the agency to pay the vendor in time to obtain the discount.
30-27 SECTION 57. Subchapter Z, Chapter 2252, Government Code, is
30-28 amended by adding Section 2252.903 to read as follows:
30-29 Sec. 2252.903. CONTRACTING WITH PERSONS WHO HAVE CERTAIN
30-30 DEBTS OR DELINQUENCIES. (a) Each state agency shall determine
30-31 whether a payment law prohibits the comptroller from issuing a
30-32 warrant or initiating an electronic funds transfer to a person
30-33 before the agency enters into a written contract with that person.
30-34 The agency shall make this determination not earlier than the
30-35 seventh day before and not later than the date of entering into the
30-36 contract. The determination must be made in accordance with the
30-37 comptroller's requirements.
30-38 (b) This subsection applies if the agency determines that a
30-39 payment law prohibits the comptroller from issuing a warrant or
30-40 initiating an electronic funds transfer to the person. The agency
30-41 may not enter into a written contract with the person unless:
30-42 (1) the contract requires the agency's payments under
30-43 the contract to be applied directly toward eliminating the person's
30-44 debt or delinquency; and
30-45 (2) the requirement described in Subdivision (1)
30-46 specifically applies to any debt or delinquency, regardless of when
30-47 it arises.
30-48 (c) The comptroller may determine the order in which a
30-49 person's multiple types of debts or delinquencies are reduced or
30-50 eliminated under this section.
30-51 (d) The comptroller may adopt rules and establish procedures
30-52 to administer this section.
30-53 (e) In this section:
30-54 (1) "Debt or delinquency" means a debt, tax
30-55 delinquency, student loan delinquency, or child support delinquency
30-56 that results in a payment law prohibiting the comptroller from
30-57 issuing a warrant or initiating an electronic funds transfer.
30-58 (2) "Payment law" means:
30-59 (A) Section 57.48, Education Code;
30-60 (B) Section 231.007, Family Code;
30-61 (C) Section 403.055; or
30-62 (D) any similar law that prohibits the
30-63 comptroller from issuing a warrant or initiating an electronic
30-64 funds transfer to a person.
30-65 (3) "State agency" has the meaning assigned by Section
30-66 403.055.
30-67 SECTION 58. Section 2305.002(3), Government Code, is amended
30-68 to read as follows:
30-69 (3) "Energy office" means the state energy
31-1 conservation office [of the General Services Commission].
31-2 SECTION 59. The heading to Section 2305.011, Government Code,
31-3 is amended to read as follows:
31-4 Sec. 2305.011. ADMINISTRATION BY COMPTROLLER [GENERAL
31-5 SERVICES COMMISSION] AND ENERGY OFFICE.
31-6 SECTION 60. Section 2305.011, Government Code, is amended by
31-7 adding Subsection (f) to read as follows:
31-8 (f) The comptroller may establish procedures and adopt rules
31-9 as necessary to administer the programs prescribed by this chapter.
31-10 SECTION 61. Section 2305.022, Government Code, is amended to
31-11 read as follows:
31-12 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
31-13 used only by the governor and the comptroller [General Services
31-14 Commission] to implement and operate the programs authorized by
31-15 this chapter.
31-16 SECTION 62. Section 533.0351(g), Health and Safety Code, is
31-17 amended to read as follows:
31-18 (g) Except as provided by this subsection, the [The]
31-19 committee is subject to Chapter 2110, Government Code. The
31-20 [department by rule shall provide, in accordance with Section
31-21 2110.008, Government Code, that the] committee is abolished
31-22 automatically on September 1, 2007, unless the board adopts a rule
31-23 continuing [affirmatively votes to continue] the committee in
31-24 existence beyond that date.
31-25 SECTION 63. Section 771.071(e), Health and Safety Code, is
31-26 amended to read as follows:
31-27 (e) A local exchange service provider shall collect the fees
31-28 imposed on its customers under this section. Not later than the
31-29 30th day after the last day of the month in which the fees are
31-30 collected, the local exchange service provider shall deliver the
31-31 fees to the comptroller [commission]. The comptroller [commission]
31-32 shall deposit money from the fees to the credit of the 9-1-1
31-33 services fee account in the general revenue fund. The comptroller
31-34 may establish alternative dates for payment of fees under this
31-35 section.
31-36 SECTION 64. Sections 771.0711(b), (c), and (f), Health and
31-37 Safety Code, are amended to read as follows:
31-38 (b) A wireless service provider shall collect the fee in an
31-39 amount equal to 50 cents a month for each wireless
31-40 telecommunications connection from its subscribers and shall pay
31-41 the money collected to the comptroller [commission] not later than
31-42 the 30th day after the last day of the month during which the fees
31-43 were collected. The comptroller may establish alternative dates
31-44 for payment of fees under this section. The wireless service
31-45 provider may retain an administrative fee of one percent of the
31-46 amount collected. The comptroller shall deposit the money from the
31-47 fees to the credit of the 9-1-1 services fee account. Until
31-48 deposited to the credit of the 9-1-1 services fee account [fund] as
31-49 required by Subsection (c), money the comptroller [commission]
31-50 collects under this subsection remains in a trust fund with
31-51 [outside] the state treasury.
31-52 (c) Money collected under Subsection (b) may be used only
31-53 for services related to 9-1-1 services, including automatic number
31-54 identification and automatic location information services. Not
31-55 later than the 15th day after the end of the month in which the
31-56 money is collected [Within 15 days of the date of collection of the
31-57 money], the commission shall distribute to each emergency
31-58 communication district that does not participate in the state
31-59 system a portion of the money that bears the same proportion to the
31-60 total amount collected that the population of the area served by
31-61 the district bears to the population of the state. The [commission
31-62 shall deposit the] remaining money collected under Subsection (b)
31-63 shall be deposited to the 9-1-1 services fee account [fund].
31-64 (f) A wireless service provider is not required to take
31-65 legal action to enforce the collection of any wireless 9-1-1
31-66 service fee. The comptroller [commission] may establish collection
31-67 procedures and recover the cost of collection from the subscriber
31-68 liable for the fee. The comptroller [commission] may institute
31-69 legal proceedings to collect a fee and in those proceedings is
32-1 entitled to recover from the subscriber court costs, attorney's
32-2 fees, and interest on the amount delinquent. [The interest is
32-3 computed at an annual rate of 12 percent beginning on the date the
32-4 fee becomes due.]
32-5 SECTION 65. Sections 771.072(b), (c), and (f), Health and
32-6 Safety Code, are amended to read as follows:
32-7 (b) The amount of the surcharge may not exceed one and
32-8 three-tenths [1-3/10] of one percent of the charges for intrastate
32-9 long-distance service, as defined by the commission.
32-10 (c) Except as provided by Section 771.073(f), an intrastate
32-11 long-distance service provider shall collect the surcharge imposed
32-12 on its customers under this section and shall deliver the
32-13 surcharges to the comptroller [commission] not later than the date
32-14 specified by the comptroller. If the comptroller does not specify
32-15 a date, the provider shall deliver the surcharges to the
32-16 comptroller not later than the 30th day after the last day of the
32-17 month in which the surcharges are collected.
32-18 (f) The comptroller [commission] shall deposit the
32-19 surcharges and any prior balances in accounts [an account] in the
32-20 general revenue fund in the state treasury until they are allocated
32-21 to regional planning commissions, other 9-1-1 jurisdictions, and
32-22 regional poison control centers in accordance with this section.
32-23 From those accounts [that account], the amount necessary for the
32-24 commission to fund approved plans of regional planning commissions
32-25 and regional poison control centers and to carry out its duties
32-26 under this chapter shall be appropriated to the commission.
32-27 Section 403.095, Government Code, does not apply to an [the]
32-28 account established by this subsection.
32-29 SECTION 66. Sections 771.073(b) and (c), Health and Safety
32-30 Code, are amended to read as follows:
32-31 (b) A business service user that provides residential
32-32 facilities and owns or leases a private telephone switch used to
32-33 provide telephone service to facility residents shall collect the
32-34 9-1-1 emergency service fee and transmit the fees monthly to the
32-35 comptroller [commission]. A business service user that does not
32-36 collect and remit the 9-1-1 emergency service fee as required is
32-37 subject to a civil cause of action. A court may award to the
32-38 comptroller [commission] court costs, attorney's fees, and interest
32-39 on the amount delinquent [at an annual rate of 12 percent], to be
32-40 paid by the nonpaying business service user. A certificate of the
32-41 comptroller [sworn affidavit by the commission] specifying the
32-42 unremitted fees is prima facie evidence that the fees were not
32-43 remitted and of the amount of the unremitted fees.
32-44 (c) The comptroller [commission] may establish collection
32-45 procedures and recover the cost of collection from the customer
32-46 liable for the fee or surcharge. The comptroller [commission] may
32-47 institute legal proceedings to collect a fee or surcharge and in
32-48 those proceedings is entitled to recover from the customer court
32-49 costs, attorney's fees, and an interest on the amount delinquent.
32-50 [The interest is computed at an annual rate of 12 percent beginning
32-51 on the date the fee or surcharge becomes due.]
32-52 SECTION 67. Section 771.074, Health and Safety Code, is
32-53 amended to read as follows:
32-54 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
32-55 this subchapter, Chapter 772, or a home-rule municipality may not
32-56 be imposed on or collected from the state or the federal
32-57 government.
32-58 SECTION 68. Section 771.076(a), Health and Safety Code, is
32-59 amended to read as follows:
32-60 (a) The commission or an employee of the commission may
32-61 notify the comptroller of any irregularity that may indicate that
32-62 an audit of a service provider collecting a fee or surcharge under
32-63 this subchapter is warranted. The comptroller also may audit a
32-64 service provider at the comptroller's discretion, without first
32-65 receiving a notification from the commission or an employee of the
32-66 commission. The commission may require at its own expense that an
32-67 audit be conducted of a public agency receiving money under this
32-68 chapter.
32-69 SECTION 69. Section 771.077, Health and Safety Code, is
33-1 amended to read as follows:
33-2 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES. (a) The
33-3 comptroller may [by rule shall] establish collection procedures to
33-4 collect past due amounts and may recover the costs of collection
33-5 from a service provider or business service user that fails to
33-6 timely deliver the fees and the equalization surcharge to the
33-7 comptroller [commission]. Subtitles A and B, Title 2, Tax Code,
33-8 apply to the administration and collection of amounts by the
33-9 comptroller under this subchapter.
33-10 (b) The comptroller may [by rule shall] establish procedures
33-11 to be used by the commission to notify the comptroller of a service
33-12 provider's or business service user's failure to timely deliver the
33-13 fees or surcharges.
33-14 (c) [In addition to amounts collected under Subsection (a),
33-15 after notice and an opportunity for a hearing, the comptroller may
33-16 assess a late penalty against a service provider who fails to
33-17 timely deliver the fees or surcharges. The late penalty is in an
33-18 amount not to exceed $100 a day for each day that the fees or
33-19 surcharges are late.]
33-20 [(d)] The comptroller shall deposit amounts received as
33-21 costs of collection in the general revenue fund.
33-22 (d) [(e)] The comptroller shall:
33-23 (1) remit to the commission money collected under this
33-24 section for fees provided by Section 771.0711 and associated late
33-25 penalties;
33-26 (2) deposit to the 9-1-1 services fee account [fund]
33-27 any money collected under this section for fees provided by Section
33-28 771.071 and associated late penalties; and
33-29 (3) deposit to the account as authorized by Section
33-30 771.072 any money collected under this section for fees provided by
33-31 Section 771.072 and associated late penalties.
33-32 (e) [(f)] The commission shall:
33-33 (1) deposit or distribute the money remitted under
33-34 Subsection (d)(1) [(e)(1)] as Section 771.0711 provides for fees
33-35 received under that section; and
33-36 (2) distribute the money remitted under Subsection
33-37 (d)(2) [(e)(2)] and appropriated to the commission under contracts
33-38 as provided by Section 771.078(b)(1).
33-39 SECTION 70. Section 1701.156(c), Occupations Code, is
33-40 amended to read as follows:
33-41 (c) Money in the account at the end of the state fiscal
33-42 year, other than money encumbered by [appropriated to] the
33-43 commission and money allocated by the comptroller under Section
33-44 1701.157, shall be transferred to the general revenue fund.
33-45 SECTION 71. Section 111.064, Tax Code, is amended by adding
33-46 Subsection (f) to read as follows:
33-47 (f) A local revenue fund is not subject to Subsections
33-48 (a)-(c). In this subsection, "local revenue fund" includes a court
33-49 cost, a fee, a fine, or a similar charge collected by a
33-50 municipality, a county, or a court of this state and remitted to
33-51 the comptroller.
33-52 SECTION 72. Section 156.154(c), Tax Code, is amended to read
33-53 as follows:
33-54 (c) A claim for a refund may be filed only for each fiscal
33-55 year [calendar] quarter for all reimbursements accrued during that
33-56 quarter.
33-57 SECTION 73. Subchapter R, Chapter 171, Tax Code, is amended
33-58 by adding Section 171.837 to read as follows:
33-59 Sec. 171.837. BIENNIAL REPORT BY COMPTROLLER. (a) Before
33-60 the beginning of each regular session of the legislature, the
33-61 comptroller shall submit to the governor, the lieutenant governor,
33-62 and the speaker of the house of representatives a report stating:
33-63 (1) the total amount of qualifying expenditures
33-64 incurred by corporations that claim a credit under this subchapter;
33-65 (2) the total amount of credits applied against the
33-66 tax under this chapter and the amount of unused credits, including:
33-67 (A) the total amount of franchise tax due by
33-68 corporations claiming a credit under this subchapter before and
33-69 after the application of the credit;
34-1 (B) the average percentage reduction in
34-2 franchise tax due by corporations claiming a credit under this
34-3 subchapter;
34-4 (C) the percentage of tax credits that were
34-5 awarded to corporations with fewer than 100 employees; and
34-6 (D) the two-digit standard industrial
34-7 classification of corporations claiming a credit under this
34-8 subchapter;
34-9 (3) the geographical distribution of qualifying
34-10 expenditures giving rise to a credit authorized by this subchapter;
34-11 (4) the impact of the credit authorized by this
34-12 subchapter on promoting economic development in this state; and
34-13 (5) the impact of the credit authorized by this
34-14 chapter on state tax revenues.
34-15 (b) The final report issued before the expiration of this
34-16 subchapter must include historical information on the credit
34-17 authorized by this subchapter.
34-18 (c) The comptroller may not include in the report
34-19 information that is confidential by law.
34-20 (d) For purposes of this section, the comptroller may
34-21 require a corporation that claims a credit under this subchapter to
34-22 submit:
34-23 (1) information, on a form provided by the
34-24 comptroller, on the location of the corporation's qualifying
34-25 expenditures; and
34-26 (2) any other information the comptroller considers
34-27 necessary.
34-28 SECTION 74. Subchapter D, Chapter 56, Utilities Code, is
34-29 amended by adding Section 56.113 to read as follows:
34-30 Sec. 56.113. ADVISORY COMMITTEE COMPENSATION AND EXPENSES. A
34-31 member of the advisory committee serves without compensation but is
34-32 entitled to reimbursement at rates established for state employees
34-33 for travel and per diem incurred in the performance of the member's
34-34 official duties.
34-35 SECTION 75. The following laws are repealed:
34-36 (1) Article 2.45, Texas Business Corporation Act;
34-37 (2) Section 403.055(h), Government Code, as added by
34-38 Chapter 583, Acts of the 76th Legislature, Regular Session, 1999;
34-39 (3) Sections 659.062 and 659.063, Government Code;
34-40 (4) Section 2251.002(c), Government Code;
34-41 (5) Section 48(e), Chapter 268, Acts of the 73rd
34-42 Legislature, Regular Session, 1993; and
34-43 (6) Section 2(b), Chapter 57, Acts of the 70th
34-44 Legislature, 2nd Called Session, 1987.
34-45 SECTION 76. (a) The energy management center established
34-46 under Chapter 447, Government Code, as it existed immediately
34-47 before the effective date of Section 18 of this Act, is
34-48 consolidated into the state energy conservation office established
34-49 under Chapter 2305, Government Code.
34-50 (b) All functions and activities performed by the General
34-51 Services Commission that relate to energy conservation under
34-52 Chapter 447 or 2305, Government Code, are transferred to the
34-53 comptroller.
34-54 (c) All employees of the General Services Commission who
34-55 primarily perform duties related to energy conservation under
34-56 Chapter 447 or 2305, Government Code, are employees of the
34-57 comptroller.
34-58 (d) Any rule, standard, or form adopted by the General
34-59 Services Commission that relates to energy conservation under
34-60 Chapter 447 or 2305, Government Code, is a rule, standard, or form
34-61 of the comptroller and remains in effect until altered by the
34-62 comptroller.
34-63 (e) A reference to the General Services Commission in a
34-64 statute or rule that relates to energy conservation under Chapter
34-65 447 or 2305, Government Code, means the comptroller.
34-66 (f) Any proceeding involving the General Services Commission
34-67 that is related to energy conservation under Chapter 447 or 2305,
34-68 Government Code, is transferred without change in status to the
34-69 comptroller. The comptroller assumes without change in status the
35-1 position of the General Services Commission in any proceeding
35-2 relating to energy conservation to which the General Services
35-3 Commission is a party.
35-4 (g) All money, contracts, leases, rights, and obligations of
35-5 the General Services Commission related to energy conservation
35-6 under Chapter 447 or 2305, Government Code, are transferred to the
35-7 comptroller.
35-8 (h) All property, including records, in the custody of the
35-9 General Services Commission related to energy conservation under
35-10 Chapter 447 or 2305, Government Code, is transferred to the
35-11 comptroller.
35-12 (i) All funds appropriated to the General Services
35-13 Commission for purposes related to energy conservation under
35-14 Chapter 447 or 2305, Government Code, are transferred to the
35-15 comptroller.
35-16 SECTION 77. (a) The changes in law made by Sections 20, 21,
35-17 24, and 75(3), (5), and (6) of this Act apply only to longevity pay
35-18 or hazardous duty pay that is earned on or after September 1, 2001.
35-19 Longevity pay or hazardous duty pay that is earned before that date
35-20 is governed by the law in effect on the date the pay is earned, and
35-21 the prior law is continued in effect for that purpose.
35-22 (b) To the extent of conflict and regardless of their
35-23 relative dates of enactment, the changes in law made by another
35-24 bill enacted by the 77th Legislature, Regular Session, to Section
35-25 659.044(a), Government Code, prevail over the changes made to
35-26 Section 659.044, Government Code, by Section 20 of this Act.
35-27 (c) The changes in law made by Section 23 of this Act apply
35-28 only to a temporary assignment that takes effect on or after
35-29 September 1, 2001. A temporary assignment that takes effect before
35-30 that date is governed by the law in effect on the date the
35-31 temporary assignment takes effect, and the prior law is continued
35-32 in effect for that purpose.
35-33 (d) To the extent of conflict and regardless of their
35-34 relative dates of enactment, the changes made to the hazardous duty
35-35 pay rate by H.B. No. 657, H.B. No. 2427, S.B. No. 435, or another
35-36 bill enacted by the 77th Legislature, Regular Session, prevail over
35-37 Subchapter L, Chapter 659, Government Code, as added by Section 24
35-38 of this Act. In this subsection, "hazardous duty pay rate" means:
35-39 (1) the amount of hazardous duty pay paid each month
35-40 to a state employee, if that amount specifically is expressed in
35-41 terms of dollars or fractions of a dollar, or both; or
35-42 (2) the monthly amount of hazardous duty pay paid to a
35-43 state employee for each year of service in a position that requires
35-44 performance of hazardous duty, if that amount specifically is
35-45 expressed in terms of dollars or fractions of a dollar, or both.
35-46 (e) To the extent of conflict with Section 659.302(a)(2),
35-47 Government Code, as added by Section 24 of this Act, a change in
35-48 law made by any other bill enacted by the 77th Legislature, Regular
35-49 Session, does not take effect. This subsection applies regardless
35-50 of the relative dates of enactment of this Act and the change in
35-51 law made by the other bill. For purposes of this subsection, the
35-52 existence of a conflict is determined without regard to the
35-53 relative effective dates of Section 659.302(a)(2), Government Code,
35-54 and the change in law made by the other bill.
35-55 (f) The changes to Section 660.203, Government Code, made by
35-56 Section 25 of this Act apply only to a meal or lodging expense
35-57 incurred on or after September 1, 2001. A meal or lodging expense
35-58 incurred before that date is governed by the law in effect on the
35-59 date the meal or lodging expense is incurred, and the prior law is
35-60 continued in effect for that purpose.
35-61 SECTION 78. (a) The changes in law made by Sections 49 and
35-62 51 of this Act apply only to a payment that becomes overdue under
35-63 Chapter 2251, Government Code, on or after the effective date of
35-64 those sections. A payment that becomes overdue under Chapter 2251,
35-65 Government Code, before that date is governed by Sections 2251.021
35-66 and 2251.025, Government Code, as they exist on the date the
35-67 payment becomes overdue, and the prior law is continued in effect
35-68 for that purpose.
35-69 (b) The changes in law made by Section 52 of this Act apply
36-1 only to a payment whose distribution date is at least one day after
36-2 the effective date of those changes. A payment whose distribution
36-3 date is on or before the effective date of those changes is
36-4 governed by the law in effect on the date the payment becomes
36-5 overdue under Chapter 2251, Government Code, and the prior law is
36-6 continued in effect for that purpose.
36-7 (c) The changes in law made by Section 53 of this Act apply
36-8 only to a payment whose distribution date is at least one day after
36-9 the effective date of those changes. A payment whose distribution
36-10 date is on or before the effective date of those changes is
36-11 governed by the law in effect on the date the payment becomes
36-12 overdue under Chapter 2251, Government Code, and the prior law is
36-13 continued in effect for that purpose.
36-14 (d) In this section, "payment" and "distribution date" have
36-15 the meanings assigned by Section 2251.001, Government Code, as
36-16 amended by Section 46 of this Act.
36-17 SECTION 79. (a) Except as provided by Subsections (b)-(g)
36-18 of this section:
36-19 (1) this Act takes effect immediately if it receives a
36-20 vote of two-thirds of all the members elected to each house, as
36-21 provided by Section 39, Article III, Texas Constitution; and
36-22 (2) if this Act does not receive the vote necessary
36-23 for immediate effect, this Act takes effect on the 91st day after
36-24 the last day of the legislative session.
36-25 (b) This subsection and Section 2 of this Act take effect on
36-26 the date the Uniform Electronic Transactions Act takes effect, if
36-27 that Act is codified in Chapter 43, Business & Commerce Code, and
36-28 becomes law under S.B. No. 393, H.B. No. 1201, or another bill
36-29 enacted by the 77th Legislature, Regular Session. This subsection
36-30 and Section 2 of this Act do not take effect if the Uniform
36-31 Electronic Transactions Act is not codified or does not become law
36-32 as described in this subsection.
36-33 (c) This subsection and Sections 3, 6, 7, 12(b), 13, 19-29,
36-34 32-39, 41, 44, 62, 70, 71, 74, 75(3), (5), and (6), and 77(a)-(d)
36-35 and (f) of this Act take effect September 1, 2001.
36-36 (d) This subsection and Section 71 of this Act take effect
36-37 October 1, 2001.
36-38 (e) This subsection and Sections 63-69 of this Act take
36-39 effect January 1, 2002.
36-40 (f) The changes in law made by Section 53(a) of this Act
36-41 take effect according to Section 53(b) of this Act.
36-42 (g) Section 78(c) of this Act takes effect on the date the
36-43 changes in law made by Section 53(a) of this Act take effect.
36-44 * * * * *