By: Duncan S.B. No. 1032
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state fiscal matters, including electronic records and
1-3 signatures used or accepted by the comptroller, rulemaking about
1-4 the rollback tax rate limit, the intellectual property of the
1-5 comptroller, the collection of delinquent taxes and debts to the
1-6 state, state property accounting, advisory committees, determining
1-7 the fiscal year to charge for certain state expenditures, financial
1-8 reporting by state agencies, administration of the energy
1-9 management center, longevity pay, hazardous duty pay, temporary
1-10 reassignments of state employees, automatic payment of interest to
1-11 vendors, the applicability and collection of 9-1-1 fees and
1-12 surcharges, the payment of credit interest on local revenue funds,
1-13 the deadline for governmental entities to claim refund of the state
1-14 hotel occupancy tax, and reports about the franchise tax credit for
1-15 after school care.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Chapter 43, Business & Commerce Code, is amended
1-18 by adding Section 43.020, to read as follows:
1-19 Sec. 43.020. CERTAIN REQUIREMENTS CONSIDERED TO BE
1-20 RECOMMENDATIONS. Any requirement of the Department of Information
1-21 Resources under this chapter that generally applies to one or more
1-22 state agencies using electronic records or electronic signatures is
1-23 considered to be a recommendation to the comptroller concerning the
2-1 electronic records or electronic signatures used by the
2-2 comptroller. The comptroller may adopt or decline to adopt the
2-3 recommendation.
2-4 SECTION 2. Section 42.2522(e), Education Code, is amended to
2-5 read as follows:
2-6 (e) The commissioner shall notify school districts as soon
2-7 as practicable as to the availability of funds under this section.
2-8 For purposes of computing a rollback tax rate under Section 26.08,
2-9 Tax Code, a district shall adjust the district's tax rate limit [in
2-10 the manner provided by comptroller rule] to reflect assistance
2-11 received under this section.
2-12 SECTION 3. Section 57.48, Education Code, is amended by
2-13 amending Subsections (c)-(d), adding Subsection (i), redesignating
2-14 Subsection (i) as Subsection (j), and redesignating Subsection (j)
2-15 as Subsection (k), to read as follows:
2-16 (c) Except as provided by this section, the [The]
2-17 comptroller may not issue a warrant or initiate an electronic funds
2-18 transfer to the assignee of a person who has been reported properly
2-19 under Subsection (a) if the assignment became effective after the
2-20 person defaulted.
2-21 (d) If this section prohibits the comptroller from issuing a
2-22 warrant or initiating an electronic funds transfer to a person, the
2-23 comptroller may [not] issue a warrant or initiate an electronic
2-24 funds transfer only as provided by this section to:
2-25 (1) the person's estate;
2-26 (2) the distributees of the person's estate; or
3-1 (3) the person's surviving spouse.
3-2 (i) This section does not prohibit the comptroller from
3-3 issuing a warrant or initiating an electronic funds transfer to a
3-4 person properly reported to the comptroller under Subsection (a) or
3-5 to the person's assignee, the person's estate, the distributees of
3-6 the person's estate, or the person's surviving spouse if the
3-7 corporation consents to issuance of the warrant or initiation of
3-8 the transfer.
3-9 (j) [(i)] The comptroller may adopt rules and establish
3-10 procedures to administer this section.
3-11 (k) [(j)] In this section:
3-12 (1) "Compensation" means base salary or wages,
3-13 longevity pay, hazardous duty pay, benefit replacement pay, or an
3-14 emolument provided in lieu of base salary or wages.
3-15 (2) "State agency" means a board, commission, council,
3-16 committee, department, office, agency, or other governmental entity
3-17 in the executive, legislative, or judicial branch of state
3-18 government. The term includes an institution of higher education
3-19 as defined by Section 61.003, other than a public junior or
3-20 community college.
3-21 (3) "State officer or employee" means an officer or
3-22 employee of a state agency.
3-23 SECTION 4. SECTIONS 231.007(i)-(j), Family Code, are amended
3-24 to read as follows:
3-25 (i) [Notwithstanding] Section 403.055(d) [403.055],
3-26 Government Code, does not authorize the comptroller [may not] to
4-1 issue a warrant or initiate an electronic funds transfer to pay
4-2 [(1)] the compensation or remuneration of an individual [a state
4-3 officer or employee] who is indebted to the state under Subsection
4-4 (a)[; or (2) the remuneration of an individual who is being paid by
4-5 a private person through a state agency, if the individual is
4-6 indebted to the state under Subsection (a)].
4-7 (j) [Notwithstanding] Section 2107.008(h) [2107.008],
4-8 Government Code, does not authorize a state agency to [may not]
4-9 pay[: (1)] the compensation or remuneration of an individual [to
4-10 a state officer or employee] who is indebted to the state under
4-11 Subsection (a)[; or (2) remuneration to an individual who is being
4-12 paid by a private person through the agency if the individual is
4-13 indebted to the state under Subsection (a)].
4-14 SECTION 5. Section 15.407, Finance Code, is amended to read
4-15 as follows to conform more closely to the law from which it was
4-16 derived:
4-17 Sec. 15.407. OFFICIAL COMMITTEES. The chairman may appoint
4-18 individuals who are not commission members to serve on official
4-19 committees that are charged with evaluating industry methods or
4-20 problems and presenting formal recommendations to the commission
4-21 for possible action. The individuals appointed are entitled to
4-22 reimbursement for reasonable and necessary expenses incidental to
4-23 travel incurred in connection with the performance of official
4-24 duties.
4-25 SECTION 6. Section 403.013(b), Government Code, is amended
4-26 to read as follows:
5-1 (b) On the first Monday of November of each year, and at
5-2 other times the governor requires, the comptroller shall exhibit to
5-3 the governor, in addition to the reports required by the
5-4 constitution, an exact and complete statement showing:
5-5 (1) the funds and revenues of the state; and
5-6 (2) public expenditures during the preceding year or
5-7 during another period required by the governor[; and]
5-8 [(3) a detailed estimate of the expenditures to be
5-9 paid from the treasury during the next year, including a statement
5-10 of:]
5-11 [(A) the object of the expenditures;]
5-12 [(B) which expenditures are provided for by
5-13 general or special appropriation and which are required to be
5-14 provided for by law; and]
5-15 [(C) the means from which the expenditures are
5-16 to be defrayed].
5-17 SECTION 7. Section 403.013, Government Code, is amended by
5-18 adding Subsection (f), to read as follows:
5-19 (f) The Growth Fund and Growth Fund II, created by Section
5-20 70, Article XVI, Texas Constitution, shall provide the financial
5-21 information listed in Subchapter B, Chapter 2101 to the comptroller
5-22 once each year, not later than the date established by the
5-23 comptroller.
5-24 SECTION 8. Section 403.027, Government Code, is reenacted
5-25 and amended to read as follows:
5-26 Sec. 403.027. DIGITAL SIGNATURES. (a) The comptroller may
6-1 establish a procedure for a person to use [provide] a digital
6-2 signature to authenticate [for any] a document, a communication, or
6-3 data submitted to the comptroller if:
6-4 (1) the comptroller determines the procedure will
6-5 provide a degree of security and authenticity at least equal to
6-6 that provided by a manual signature; and
6-7 (2) the digital signature is:
6-8 (A) unique to the person using it;
6-9 (B) capable of independent verification;
6-10 (C) under the sole control of the person using
6-11 it; and
6-12 (D) transmitted in a manner that makes it
6-13 infeasible to change the signature, document, communication, or
6-14 data without invalidating the signature.
6-15 (b) A digital signature provided according to a procedure
6-16 established under Subsection (a) [this section] has the same legal
6-17 force and effect for all purposes as a manual signature.
6-18 (c) The electronic approval of a voucher is governed by
6-19 [This]:
6-20 (1) this section [does not apply to the electronic
6-21 submission and approval of vouchers under] and Chapter 2103 if the
6-22 comptroller has established a procedure for the person approving
6-23 the voucher to provide a digital signature concerning the voucher;
6-24 or
6-25 (2) Chapter 2103 if the comptroller has not
6-26 established the procedure.
7-1 (d) This section prevails over Chapter 2103 to the extent of
7-2 conflict if both this section and that chapter apply under
7-3 Subsection (c)(1).
7-4 (e) Except as provided in this subsection, Section 2054.060
7-5 applies to a digital signature used to authenticate any document,
7-6 communication, or data submitted to the comptroller if the
7-7 comptroller has not established a procedure under Subsection (a)
7-8 concerning the signature. Section 2054.060 does not apply to the
7-9 electronic approval of a voucher under Chapter 2103.
7-10 (f) The use of a digital signature under this section is
7-11 subject to criminal laws pertaining to fraud and computer crimes,
7-12 including Chapters 32 and 33, Penal Code.
7-13 (g) In this section, "digital signature" has the meaning
7-14 assigned by Section 2.108(d), Business & Commerce Code.
7-15 SECTION 9. Subchapter B, Chapter 403, Government Code, is
7-16 amended by adding Section 403.030, to read as follows:
7-17 Sec. 403.030. INTELLECTUAL PROPERTY. (a) The comptroller
7-18 may:
7-19 (1) apply for, register, secure, hold, and protect
7-20 under the laws of the United States or any state or nation:
7-21 (A) a patent for the invention, discovery, or
7-22 improvement of any process, machine, manufacture, or composition of
7-23 matter;
7-24 (B) a copyright for an original work of
7-25 authorship fixed in any tangible medium of expression, now known or
7-26 later developed, from which it can be perceived, reproduced, or
8-1 otherwise communicated, either directly or with the aid of a
8-2 machine or device;
8-3 (C) a trademark, service mark, collective mark,
8-4 or certification mark for a word, name, symbol, device, or slogan
8-5 that the comptroller uses to identify and distinguish the
8-6 comptroller's goods and services from other goods and services; or
8-7 (D) other evidence of protection or exclusivity
8-8 issued for intellectual property;
8-9 (2) contract with a person for the sale, lease,
8-10 marketing, or other distribution of the comptroller's intellectual
8-11 property;
8-12 (3) obtain under a contract described in Subdivision
8-13 (2) a royalty, license right, or other appropriate means of
8-14 securing reasonable compensation for the development or purchase of
8-15 the comptroller's intellectual property; and
8-16 (4) waive or reduce the amount of compensation secured
8-17 by contract under Subdivision (3) if the comptroller determines
8-18 that the waiver or reduction will:
8-19 (A) further a goal or mission of the
8-20 comptroller; and
8-21 (B) result in a net benefit to the state.
8-22 (b) Intellectual property is excepted from required
8-23 disclosure under Chapter 552 if the comptroller has applied for or
8-24 received a patent, copyright, trademark, service mark, collective
8-25 mark, certification mark, or other evidence of protection or
8-26 exclusivity concerning the property.
9-1 (c) Except as provided in Section 2054.115(c), money paid to
9-2 the comptroller under this section shall be deposited to the credit
9-3 of the general revenue fund.
9-4 (d) Notwithstanding any law of this state, the comptroller
9-5 may award to an employee of the comptroller who conceives, creates,
9-6 discovers, invents, or develops intellectual property an
9-7 appropriate amount of equity interest or participation in the
9-8 research, development, licensing, or exploitation of that property.
9-9 (e) The comptroller shall establish intellectual property
9-10 policies for the comptroller's office that include minimum
9-11 standards for:
9-12 (1) the public disclosure or availability of products,
9-13 technology, and scientific information, including inventions,
9-14 discoveries, trade secrets, and computer softwear;
9-15 (2) review by the comptroller's office of products,
9-16 technology, and scientific information, including consideration of
9-17 ownership and appropriate legal protection;
9-18 (3) the licensing of products, technology, and
9-19 scientific information;
9-20 (4) the identification of ownership and licensing
9-21 responsibilities for each class of intellectual property; and
9-22 (5) royalty participation by inventors and the
9-23 comptroller's office.
9-24 SECTION 10. Section 403.055, Government Code, is amended by
9-25 amending Subsections (b)-(c), redesignating Subsection (h) as
9-26 Subsection (i), redesignating Subsection (i) as Subsection (j),
10-1 redesignating Subsection (j) as Subsection (l), redesignating
10-2 Subsection (k) as Subsection (m), and adding Subsection (k), to
10-3 read as follows:
10-4 (b) Except as provided by this section, the [The]
10-5 comptroller may not issue a warrant or initiate an electronic funds
10-6 transfer to the assignee of a person who has been reported properly
10-7 under Subsection (f) if the assignment became effective after the
10-8 person became indebted to the state or incurred a tax delinquency.
10-9 (c) If [When] this section prohibits the comptroller from
10-10 issuing a warrant or initiating an electronic funds transfer to a
10-11 person, the comptroller may [not] issue a warrant or initiate an
10-12 electronic funds transfer only as provided by this section to:
10-13 (1) the person's estate;
10-14 (2) the distributees of the person's estate; or
10-15 (3) the person's surviving spouse.
10-16 (i) [(h)] This section does not apply:
10-17 (1) to the extent Section 57.48, Education Code,
10-18 applies; or
10-19 (2) to the extent this section conflicts with Section
10-20 231.007, Family Code.
10-21 (j) [(i)] This section does not prohibit the comptroller
10-22 from issuing a warrant or initiating an electronic funds transfer
10-23 if:
10-24 (1) the warrant or transfer would result in a payment
10-25 being made in whole or in part with money paid to the state by the
10-26 United States; and
11-1 (2) the state agency that administers the money
11-2 certifies to the comptroller that federal law:
11-3 (A) requires the payment to be made; or
11-4 (B) conditions the state's receipt of the money
11-5 on the payment being made.
11-6 (k) This section does not prohibit the comptroller from
11-7 issuing a warrant or initiating an electronic funds transfer to a
11-8 person, the person's assignee, the person's estate, the
11-9 distributees of the person's estate, or the person's surviving
11-10 spouse if each state agency that properly reported the person to
11-11 the comptroller under Subsection (f) consents to issuance of the
11-12 warrant or initiation of the transfer.
11-13 (l) [(j)] The comptroller may adopt rules and establish
11-14 procedures to administer this section.
11-15 (m) [(k)] In this section:
11-16 (1) "Compensation" means base salary or wages,
11-17 longevity pay, hazardous duty pay, benefit replacement pay, or an
11-18 emolument provided in lieu of base salary or wages.
11-19 (2) "State agency" means a board, commission, council,
11-20 committee, department, office, agency, or other governmental entity
11-21 in the executive, legislative, or judicial branch of state
11-22 government. The term includes an institution of higher education
11-23 as defined by Section 61.003, Education Code, other than a public
11-24 junior or community college.
11-25 (3) "State officer or employee" means an officer or
11-26 employee of a state agency.
12-1 (4) "Tax delinquency" means a delinquency in payment
12-2 of:
12-3 (A) a tax to the state; or
12-4 (B) a tax that the comptroller administers or
12-5 collects.
12-6 SECTION 11. Section 403.0551(d), Government Code, is amended
12-7 to read as follows:
12-8 (d) This section does not authorize the comptroller to
12-9 deduct the amount of a state employee's indebtedness to a state
12-10 agency from any amount of compensation owed by the agency to the
12-11 employee, the employee's successor, or the assignee of the employee
12-12 or successor. In this subsection, "compensation," "indebtedness,"
12-13 "state agency," "state employee," and "successor" have the meanings
12-14 assigned by Section 668.001 [666.001].
12-15 SECTION 12. (a) Effective immediately, Section 403.0552(b),
12-16 Government Code, is amended to read as follows:
12-17 (b) Except as provided in this subsection, the [The]
12-18 comptroller may prepare a warrant to make a payment that Section
12-19 57.48, Education Code, Section 231.007, Family Code, or Section
12-20 403.055 prohibits the comptroller from initiating by electronic
12-21 funds transfer. The comptroller shall prepare the warrant if the
12-22 payment is overdue under Section 2251.021.
12-23 (b) Effective September 1, 2001, Section 403.0552(c),
12-24 Government Code, is amended to read as follows:
12-25 (c) If the comptroller prepares a warrant under Subsection
12-26 (a) or (b), the comptroller shall:
13-1 (1) make the warrant payable to the person to whom the
13-2 warrant may not be issued or an electronic funds transfer may not
13-3 be initiated; and
13-4 (2) retain the warrant until the earliest of:
13-5 (A) the first day the warrant may no longer be
13-6 paid by the comptroller under Section 404.046 or other applicable
13-7 law;
13-8 (B) the date the comptroller deducts the amount
13-9 of the person's indebtedness to the state or tax delinquency from
13-10 the amount of the warrant under Section 403.0551[, Chapter 666,] or
13-11 other applicable law; [or]
13-12 (C) the date the comptroller recovers the amount
13-13 of the person's indebtedness to the state under Chapter 668; or
13-14 (D) [(C)] the first day the comptroller is no
13-15 longer prohibited from issuing the warrant or initiating an
13-16 electronic funds transfer to that person.
13-17 SECTION 13. Section 403.0915, Government Code, is amended to
13-18 read as follows:
13-19 Sec. 403.0915. DORMANT FUND OR ACCOUNT. At any time the
13-20 comptroller, with notification to the state auditor, may transfer
13-21 to the general revenue fund a balance in a dormant fund or account
13-22 if the source of the fund or account is unknown or the purpose for
13-23 which it was collected is moot. The legislature at any time after
13-24 the transfer may appropriate the balance as a refund if the source
13-25 and purpose of the fund or account become known and active. [The
13-26 comptroller shall report any dormant funds or accounts to the Funds
14-1 Review Advisory Committee.]
14-2 SECTION 14. Section 403.273, Government Code, is amended to
14-3 read as follows:
14-4 Sec. 403.273. PROPERTY MANAGER; PROPERTY INVENTORY.
14-5 (a) The head of each state agency is responsible for the custody
14-6 and care of [state] property in the agency's possession.
14-7 (b) The head of each state agency shall designate a property
14-8 manager and inform the comptroller of the designation. Subject to
14-9 comptroller approval, more than one property manager may be
14-10 designated [appointed by the agency head].
14-11 (c) The property manager of a state agency shall maintain
14-12 the records required and be the custodian of all property possessed
14-13 by the agency.
14-14 (d) [(e)] When a state [an] agency's property is entrusted
14-15 to a person other than the agency's property manager, [the property
14-16 manager shall require a written receipt from] the person [receiving
14-17 custody of] to whom the property is entrusted shall provide a
14-18 written receipt to the manager. A [When the property of one] state
14-19 agency may lend its property [is lent] to another state agency[,]
14-20 only if the head of the agency lending the property provides
14-21 written authorization for the lending [must be authorized in
14-22 writing by the head of the agency that is lending the property].
14-23 The [A written receipt must be executed by the] head of the agency
14-24 to which [that is receiving] the property is lent must execute a
14-25 written receipt.
14-26 (e) [(f)] A [On the date prescribed by the comptroller, a]
15-1 state agency shall conduct an annual [make a complete] physical
15-2 inventory of all property in its possession. [The inventory must
15-3 be completed once each year.] The comptroller may specify the date
15-4 on which the inventory must be conducted.
15-5 (f) [(g)] Not later than [Within 45 days after] the
15-6 [inventory] date prescribed by the comptroller, the head of a
15-7 [each] state agency shall submit [forward] to the comptroller:
15-8 (1) a signed statement describing the methods [method]
15-9 used to conduct [verify] the agency's annual physical inventory
15-10 under Subsection (e); [and]
15-11 (2) a copy of the results of the inventory; and
15-12 (3) any other information concerning the inventory
15-13 that the comptroller requires.
15-14 (g) [(h)] At all times, the [The] property records of a
15-15 [prepared by each] state agency must accurately reflect the
15-16 property [currently] possessed by the agency. [The agency must use
15-17 the methods prescribed by the comptroller to delete property from
15-18 the agency's property records.] Property [that has become surplus
15-19 or obsolete and no longer serviceable] may be deleted from the
15-20 agency's records only in accordance with rules adopted [upon
15-21 authorization] by the comptroller. [Property that is missing or
15-22 that is disposed of directly by the agency shall be deleted from
15-23 the comptroller's records on approval by the state auditor.]
15-24 (h) The state auditor shall periodically examine each state
15-25 agency's property records or inventory as necessary to determine if
15-26 controls are adequate to safeguard property in the agency's
16-1 possession.
16-2 SECTION 15. Section 403.274, Government Code, is amended to
16-3 read as follows:
16-4 Sec. 403.274. CHANGE OF AGENCY HEAD OR PROPERTY MANAGER.
16-5 When the head or property manager of a state [an] agency changes,
16-6 the outgoing [new] head of agency or property manager [of the
16-7 agency] shall complete the form required by the comptroller about
16-8 property in the agency's possession. The outgoing head of agency
16-9 or property manager shall deliver the form to the incoming [execute
16-10 a receipt for all agency property accounted for to the outgoing
16-11 agency] head of agency or property manager. After verifying the
16-12 information on and signing the form, the incoming head of agency or
16-13 property manager shall submit a (A) copy of the form [receipt shall
16-14 be delivered] to the comptroller[,the state auditor, and the
16-15 outgoing agency head or property manager].
16-16 SECTION 16. Section 403.276, Government Code, is amended to
16-17 read as follows:
16-18 Sec. 403.276. REPORTING TO COMPTROLLER [STATE AUDITOR] AND
16-19 ATTORNEY GENERAL. (a) If the [a] head or property manager of a
16-20 state [an] agency has reasonable cause to believe that any [state]
16-21 property in the agency's possession has been lost, destroyed, or
16-22 damaged through the negligence [or fault] of any state official or
16-23 employee, the head of agency [head responsible] or property manager
16-24 shall [immediately] report the loss, destruction, or damage to the
16-25 comptroller [state auditor] and [to] the attorney general not later
16-26 than the date established by the comptroller. If the head or
17-1 property manager of a state agency has reasonable cause to believe
17-2 that any property in the agency's possession has been stolen, the
17-3 head of agency or property manager shall report the theft to the
17-4 comptroller, the attorney general, and the appropriate law
17-5 enforcement agency not later than the date established by the
17-6 comptroller.
17-7 (b) The attorney general may [shall] investigate a report
17-8 received under Subsection (a) [of loss, destruction, or damage to
17-9 state property].
17-10 (c) If an [the] investigation by the attorney general under
17-11 Subsection (b) reveals [discloses] that a property loss has been
17-12 sustained [by the state] through the negligence [fault] of a state
17-13 official or employee, the attorney general shall make written
17-14 demand on the [state] official or employee for reimbursement of [to
17-15 the state for] the loss [sustained].
17-16 (d) If the demand made by the attorney general under
17-17 Subsection (c) [for reimbursement for property loss, destruction,
17-18 or damage] is refused or disregarded [by the state official or
17-19 employee on whom such demand is made], the attorney general may
17-20 take legal action to recover the value of the [state] property as
17-21 the attorney general deems necessary.
17-22 (e) Venue for all suits instituted under this section
17-23 against a state official or employee is in a court of appropriate
17-24 jurisdiction of Travis County.
17-25 SECTION 17. Section 447.001, Government Code, is amended to
17-26 read as follows:
18-1 Sec. 447.001. ESTABLISHMENT OF CENTER. The energy
18-2 management center is established as the state energy conservation
18-3 office within [in] the office of the comptroller [General Services
18-4 Commission] and shall be authorized to promote those policies of
18-5 the state enumerated in this chapter.
18-6 SECTION 18. The heading for Subchapter C, Chapter 659,
18-7 Government Code, is amended to read as follows:
18-8 SUBCHAPTER C. [COMPENSATORY] PER DIEM.
18-9 SECTION 19. Subchapter C, Chapter 659, Government Code, is
18-10 amended by adding Section 659.034, to read as follows:
18-11 Sec. 659.034. CERTAIN ADVISORY COMMITTEES. (a) This
18-12 section applies to a member of an advisory committee only if:
18-13 (1) the statutory authorization or requirement for
18-14 reimbursing or paying a travel or other expense incurred while the
18-15 member provided services as a committee member was specifically
18-16 repealed by:
18-17 (A) Chapter 165, Acts of the 74th Legislature,
18-18 Regular Session, 1995, which enacted the Transportation Code
18-19 effective September 1, 1995;
18-20 (B) Chapter 1008, Acts of the 75th Legislature,
18-21 Regular Session, 1997, which enacted the Finance Code effective
18-22 September 1, 1997;
18-23 (C) Chapter 166, Acts of the 75th Legislature,
18-24 Regular Session, 1997, which enacted the Utilities Code effective
18-25 September 1, 1997; or
18-26 (D) Chapter 388, Acts of the 76th Legislature,
19-1 Regular Session, 1999, which enacted the Occupations Code effective
19-2 September 1, 1999; and
19-3 (2) an official "Revisor's Note" of the Texas
19-4 Legislative Council says that the authorization or requirement
19-5 described in Subdivision (1) was omitted from the Transportation
19-6 Code, the Finance Code, the Utilities Code, or the Occupations Code
19-7 because Article 6252-33, Revised Statutes, impliedly repealed the
19-8 authorization or requirement effective September 1, 1993.
19-9 (b) A travel or other expense incurred by an advisory
19-10 committee member covered by this section is payable or reimbursable
19-11 if and to the extent the statute described in Subsection (a)
19-12 authorized or required the payment or reimbursement before the
19-13 effective date of the statute's repeal.
19-14 (c) Subsections (a) and (b) do not apply to an advisory
19-15 committee covered by:
19-16 (1) Section 15.407, Finance Code; or
19-17 (2) Section 56.113, Utilities Code.
19-18 (d) In this section, "advisory committee" has the meaning
19-19 assigned by Section 2110.001.
19-20 SECTION 20. Section 659.044, Government Code, is amended by
19-21 amending Subsection (a) and adding Subsection (e), to read as
19-22 follows:
19-23 (a) Except as provided in Subsection (e), the [The] monthly
19-24 amount of longevity pay is $4 for each year of lifetime service
19-25 credit.
19-26 (e) This subsection applies only to an employee of the Texas
20-1 Youth Commission who is receiving less than the maximum amount of
20-2 hazardous duty pay that the commission may pay to the employee
20-3 under Section 659.303. The employee's monthly amount of longevity
20-4 pay is the sum of:
20-5 (1) $4 for each year of lifetime service credit, which
20-6 may not include any period served in a hazardous duty position; and
20-7 (2) the lesser of:
20-8 (A) $4 for each year served in a hazardous duty
20-9 position; and
20-10 (B) the difference between:
20-11 (i) $7 for each year served in a hazardous
20-12 duty position; and
20-13 (ii) the amount paid by the commission for
20-14 each year served in a hazardous duty position.
20-15 SECTION 21. Section 659.046, Government Code, is amended by
20-16 adding Subsection (f), to read as follows:
20-17 (f) The amount of an employee's lifetime service credit does
20-18 not include the period served in a hazardous duty position if the
20-19 employee is:
20-20 (1) entitled to receive hazardous duty pay under
20-21 Section 659.302; or
20-22 (2) receiving the maximum amount of hazardous duty pay
20-23 that the Texas Youth Commission may pay to the employee under
20-24 Section 659.303.
20-25 SECTION 22. Section 659.254(c), Government Code, is amended
20-26 to read as follows:
21-1 (c) An employee whose classified position is reallocated by
21-2 the General Appropriations Act or reclassified under Chapter 654 to
21-3 a higher salary group will be paid at the minimum salary rate in
21-4 the higher salary group or at the salary rate the employee would
21-5 have received without the reallocation or reclassification,
21-6 whichever rate is higher, except[:(1)] to maintain desirable salary
21-7 relationships among employees in the affected positions, the salary
21-8 may be adjusted not more than:
21-9 (1) [(A)] two steps higher, if the employee's salary
21-10 group is divided into steps by the General Appropriations Act; or
21-11 (2) [(B)] 6.8 percent higher, if the employee's salary
21-12 group is not divided into steps by the General Appropriations Act[;
21-13 and (2) the employee may not advance to a step number in the new
21-14 salary group higher than the step number rate held before the
21-15 reallocation or reclassification, if the employee's salary group is
21-16 divided into steps by the General Appropriations Act].
21-17 SECTION 23. Subsections (b) and (e), Section 659.260,
21-18 Government Code, are amended to read as follows:
21-19 (b) To facilitate a state agency's work during an emergency
21-20 or other special circumstance, an employee may[:(1)] be temporarily
21-21 assigned to other duties for a period not to exceed six months[;
21-22 and]. The employee is entitled to [(2)] receive during the period
21-23 of reassignment at least the same [appropriate] rate of pay that
21-24 the employee received immediately before the reassignment [for the
21-25 temporary position if the temporary position is classified in a
21-26 salary group with a higher minimum salary rate]. An employee may
22-1 not be temporarily assigned under this subsection to a position
22-2 classified in a salary group with a lower minimum salary rate.
22-3 (e) While the employee is temporarily assigned under this
22-4 section, the state agency may not:
22-5 (1) award a merit salary increase to the employee; or
22-6 (2) promote or demote the employee[; or]
22-7 [(3) reduce the employee's salary].
22-8 SECTION 24. Chapter 659, Government Code, is amended by
22-9 adding Subchapter L, to read as follows:
22-10 SUBCHAPTER L. HAZARDOUS DUTY PAY.
22-11 Sec. 659.301. DEFINITIONS. In this Subchapter:
22-12 (1) "Full-time state employee" means a state employee
22-13 who normally works at least 40 hours each week.
22-14 (2) "Hazardous duty position" means a position in the
22-15 service of this state that:
22-16 (A) renders any individual holding that position
22-17 a state employee; or
22-18 (B) requires the performance of hazardous duty.
22-19 (3) "Institution of higher education" has the meaning
22-20 assigned by Section 61.003, Education Code.
22-21 (4) "Part-time state employee" means a state employee
22-22 who is not a full-time state employee.
22-23 (5) "State employee" means an individual who:
22-24 (A) is a commissioned law enforcement officer of
22-25 the Department of Public Safety of the State of Texas, the General
22-26 Services Commission, the Texas Alcoholic Beverage Commission, or
23-1 the institutional division of the Texas Department of Criminal
23-2 Justice;
23-3 (B) is a commissioned security officer of the
23-4 comptroller;
23-5 (C) is a law enforcement officer commissioned by
23-6 the Parks and Wildlife Commission;
23-7 (D) is a commissioned peace officer of an
23-8 institution of higher education;
23-9 (E) is an employee or official of the Board of
23-10 Pardons and Paroles or the pardons and paroles division of the
23-11 Texas Department of Criminal Justice if the employee or official
23-12 has routine direct contact with inmates of any penal or
23-13 correctional institution or with administratively released
23-14 prisoners subject to the board's jurisdiction;
23-15 (F) has been certified to the Employees
23-16 Retirement System of Texas under Section 815.505 as having begun
23-17 employment as a law enforcement officer or custodial officer,
23-18 unless the individual has been certified to the system as having
23-19 ceased employment as a law enforcement officer or custodial
23-20 officer; or
23-21 (G) before May 29, 1987, received hazardous duty
23-22 pay based on the terms of any state law if the individual holds a
23-23 position designated under that law as eligible for the pay.
23-24 (6) "Workday" means any day that is not Saturday,
23-25 Sunday, or a state or national holiday under Section 662.003. The
23-26 term includes a state or national holiday that the General
24-1 Appropriations Act prohibits state agencies from observing.
24-2 Sec. 659.302. ENTITLEMENT TO RECEIVE HAZARDOUS DUTY PAY.
24-3 (a) Hazardous duty pay is included in the compensation paid to an
24-4 individual for services rendered during a month if the individual:
24-5 (1) is a state employee for any portion of the first
24-6 workday of the month; and
24-7 (2) has completed at least twelve months of lifetime
24-8 service credit not later than the last day of the preceding month.
24-9 (b) This section does not apply to an employee of the Texas
24-10 Youth Commission.
24-11 Sec. 659.303. TEXAS YOUTH COMMISSION EMPLOYEES. (a) The
24-12 commission may include hazardous duty pay in the compensation paid
24-13 to an individual for services rendered during a month if the
24-14 individual:
24-15 (1) has routine direct contact with youth:
24-16 (A) placed in a residential facility of the
24-17 commission; or
24-18 (B) released under the commission's supervision;
24-19 and
24-20 (2) has completed at least twelve months of lifetime
24-21 service credit not later than the last day of the preceding month.
24-22 (b) For the purposes of Subsection (a)(1), an individual who
24-23 is having routine direct contact with youth on any portion of the
24-24 first workday of a month is considered to have routine direct
24-25 contact with youth for the entire month.
24-26 (c) The commission's authority under Subsection (a) is
25-1 subject to any conditions or limitations in the General
25-2 Appropriations Act.
25-3 (d) The commission may not pay hazardous duty pay:
25-4 (1) from funds authorized for payment of an
25-5 across-the-board employee salary increase; or
25-6 (2) to an employee who works at the commission's
25-7 central office.
25-8 (e) In this section, "commission" means the Texas Youth
25-9 Commission.
25-10 Sec. 659.304. INELIGIBILITY TO RECEIVE HAZARDOUS DUTY PAY.
25-11 Hazardous duty pay may be paid only to an individual who is:
25-12 (1) entitled to receive the pay under Section 659.302;
25-13 or
25-14 (2) eligible to receive the pay under Section 659.303.
25-15 Sec. 659.305. AMOUNT OF HAZARDOUS DUTY PAY. (a) Except as
25-16 provided in Subsection (b), the amount of a full-time state
25-17 employee's hazardous duty pay for a particular month is the lesser
25-18 of:
25-19 (1) $7 for each 12-month period of lifetime service
25-20 credit accrued by the employee; and
25-21 (2) $210.
25-22 (b) This subsection applies only to a state employee whose
25-23 compensation for services provided to the state during any month
25-24 before August 1987 included hazardous duty pay that was based on
25-25 total state service performed before May 29, 1987. The amount of a
25-26 full-time state employee's hazardous duty pay for a particular
26-1 month is the sum of:
26-2 (1) $7 for each 12-month period of state service
26-3 credit the employee finished accruing before May 29, 1987; and
26-4 (2) $7 for each 12-month period of lifetime service
26-5 credit that the employee accrued after the date, which must be
26-6 before May 29, 1987, on which the employee finished accruing the
26-7 last 12-month period of state service credit.
26-8 (c) The amount determined under Subsection (b)(2) may not
26-9 exceed $210.
26-10 (d) For the purposes of Subsections (a)(1) and (b)(2), the
26-11 number of 12-month periods of lifetime service credit that the
26-12 employee has accrued must be determined as of the last day of the
26-13 preceding month.
26-14 (e) A state employee is considered to be a full-time state
26-15 employee for the purposes of Subsection (a) or (b) if the employee
26-16 is a full-time state employee for any portion of the first workday
26-17 of the month.
26-18 (f) The amount of a part-time state employee's hazardous
26-19 duty pay is proportional to the amount of a full-time state
26-20 employee's pay under Subsection (a) or (b).
26-21 (g) A state employee may not receive more than $7 for each
26-22 12-month period of lifetime service credit, regardless of:
26-23 (1) the number of positions the employee holds; or
26-24 (2) the number of hours the employee works each week.
26-25 Sec. 659.306. RESPONSIBILITY FOR PAYING HAZARDOUS DUTY PAY.
26-26 The state agency that employs an individual at the beginning of the
27-1 first workday of a month must pay any hazardous duty pay that is
27-2 included in the compensation paid to the individual for services
27-3 rendered during that month. If the individual transfers to a
27-4 second state agency during that month, the first agency remains
27-5 responsible for paying the full amount of hazardous duty pay for
27-6 that month.
27-7 Sec. 659.307. SERVICE CREDIT. (a) The amount of an
27-8 individual's lifetime service credit equals the number of months
27-9 the individual has served in a hazardous duty position during the
27-10 individual's lifetime.
27-11 (b) The amount of an individual's state service credit
27-12 equals the sum of:
27-13 (1) the amount of the individual's lifetime service
27-14 credit, as determined under Subsection (a); and
27-15 (2) the number of months during the individual's
27-16 lifetime that the individual has provided services to the state in
27-17 a position that is not a hazardous duty position.
27-18 Sec. 659.308. ADMINISTRATION. The comptroller may establish
27-19 procedures and adopt rules to administer this subchapter.
27-20 SECTION 25. Section 660.203(a), Government Code, is amended
27-21 to read as follows:
27-22 (a) An individual is entitled to reimbursement for the
27-23 actual expense of meals and lodging incurred while performing the
27-24 duties of the individual's office or employment if the individual
27-25 is:
27-26 (1) a judicial officer;
28-1 (2) a chief administrative officer of a state agency,
28-2 subject to Subsection (c);
28-3 (3) the executive director of the Texas Legislative
28-4 Council; [or]
28-5 (4) the secretary of the senate;
28-6 (5) a member of the Texas Natural Resource
28-7 Conservation Commission, the Texas Workforce Commission, the Public
28-8 Utility Commission of Texas, the Board of Pardons and Paroles, or
28-9 the Sabine River Compact Administration; or
28-10 (6) a full-time member of a board and receives a
28-11 salary from the state for service on that board.
28-12 SECTION 26. Chapter 666, Government Code, as added by
28-13 Section 1.27, Chapter 1467, Acts of the 76th Legislature, Regular
28-14 Session, 1999, is redesignated as Chapter 668, Subtitle B, Title 6,
28-15 Government Code, and amended to read as follows:
28-16 CHAPTER 668 [666]. RECOVERING [PAYROLL DEDUCTION TO
28-17 RECOUP] EXCESS COMPENSATION PAID TO A STATE OFFICER OR
28-18 EMPLOYEE.
28-19 Sec. 668.001 [666.001]. DEFINITIONS. In this chapter:
28-20 (1) "Compensation" includes:
28-21 (A) base salary or wages;
28-22 (B) longevity or hazardous duty pay;
28-23 (C) benefit replacement pay;
28-24 (D) a payment for the balance of vacation and
28-25 sick leave under Subchapter B, Chapter 661;
28-26 (E) a payment for the accrued balance of
29-1 vacation time under Subchapter C, Chapter 661; and
29-2 (F) an emolument provided in lieu of base salary
29-3 or wages.
29-4 (2) "Indebtedness" means the amount of compensation
29-5 paid to a state employee that exceeds the amount the employee is
29-6 eligible to receive under law because at the time the compensation
29-7 was paid:
29-8 (A) The employee was ineligible to receive the
29-9 entire amount paid; or
29-10 (B) The employee's eligibility to receive the
29-11 entire amount paid was conditioned on:
29-12 (i) the occurrence of an event that did
29-13 not occur; or
29-14 (ii) the employee's fulfillment of a
29-15 promise that the employee did not fulfill.
29-16 (3) "State agency" means a board, commission, council,
29-17 committee, department, office, agency, or other governmental entity
29-18 in the executive, legislative, or judicial branch of state
29-19 government. The term includes:
29-20 (A) the Texas Guaranteed Student Loan
29-21 Corporation; and
29-22 (B) an institution of higher education as
29-23 defined by Section 61.003, Education Code, other than a public
29-24 junior or community college.
29-25 (4) "State employee" means an officer or employee of a
29-26 state agency.
30-1 (5) "Successor" means:
30-2 (A) the estate of a deceased state employee;
30-3 (B) the surviving spouse of a deceased state
30-4 employee; or
30-5 (C) the distributees of the estate of a deceased
30-6 state employee.
30-7 Sec. 668.002 [666.002]. RECOVERY [DEDUCTION] AUTHORIZATION.
30-8 (a) A state agency may recover in accordance with this chapter
30-9 [deduct] the amount of a state employee's indebtedness to the
30-10 agency [from any amount of compensation the agency owes the
30-11 employee or the employee's successor] if:
30-12 (1) the agency provides a notice to the employee or
30-13 successor that complies with Section 668.003 [666.003];
30-14 (2) the agency provides the employee or successor with
30-15 an opportunity to exercise any due process or other constitutional
30-16 or statutory protection that must be accommodated before the agency
30-17 may begin a collection action or procedure:
30-18 (3) the agency determines that the recovery
30-19 [deduction] would not violate any applicable law or rule of this
30-20 state or the United States; and
30-21 (4) the comptroller is not responsible under Section
30-22 404.046, 404.069, or 2103.003 for paying the amount owed by the
30-23 agency to the employee or successor through the issuance of a
30-24 warrant or initiation of an electronic funds transfer.
30-25 (b) The comptroller may recover in accordance with this
30-26 chapter [deduct] the amount of a state employee's indebtedness to a
31-1 state agency [from any amount of compensation the agency owes the
31-2 employee or the employee's successor] if:
31-3 (1) the agency provides a notice to the employee or
31-4 successor that complies with Section 668.003 [666.003];
31-5 (2) the agency's request for [agency requests] the
31-6 comptroller to recover [make] the indebtedness complies [deduction
31-7 in accordance] with Section 668.005 [666.005]; and
31-8 (3) the comptroller is responsible under Section
31-9 404.046, 404.069, or 2103.003 for paying the amount owed by the
31-10 agency to the employee or the successor through the issuance of a
31-11 warrant or initiation of an electronic funds transfer.
31-12 (c) A state agency may recover the amount of a state
31-13 employee's indebtedness to the agency under this chapter by:
31-14 (1) deducting the amount of the indebtedness from any
31-15 amount of compensation the agency owes the employee or the
31-16 employee's successor; or
31-17 (2) reducing the gross amount of base salary or wages
31-18 that the agency owes the employee or the employee's successor for
31-19 services provided by the employee during any pay period after the
31-20 pay period in which the indebtedness was incurred.
31-21 (d) The comptroller may recover the amount of a state
31-22 employee's indebtedness to a state agency under this chapter by:
31-23 (1) deducting the amount of the indebtedness from any
31-24 amount of compensation the agency owes the employee or the
31-25 employee's successor; or
31-26 (2) reducing the gross amount of base salary or wages
32-1 that the agency owes the employee or the employee's successor for
32-2 services provided by the employee during any pay period after the
32-3 pay period in which the indebtedness was incurred.
32-4 (e) For the purposes of Subsections (c)(2) and (d)(2), an
32-5 indebtedness is incurred during the pay period the compensation is
32-6 earned by the employee. For the purpose of this subsection,
32-7 compensation is earned without regard to whether the amount of that
32-8 compensation exceeds the amount the employee was eligible to
32-9 receive.
32-10 Sec. 668.003 [666.003] NOTICE. (a) A state agency shall
32-11 provide notice to a state employee or the employee's successor
32-12 before the agency:
32-13 (1) recovers [deducts] the amount of the employee's
32-14 indebtedness to the agency under Section 668.002(a) [666.002(a)];
32-15 or
32-16 (2) requests the comptroller to recover the amount of
32-17 the employee's indebtedness to the agency [make a deduction] under
32-18 Section 668.002(b) [666.002(b)].
32-19 (b) The notice must:
32-20 (1) be given in a manner reasonably calculated to give
32-21 actual notice to the employee or successor;
32-22 (2) state the:
32-23 (A) amount of the indebtedness; and
32-24 (B) name of the indebted employee;
32-25 (3) specify the date by which the indebtedness must be
32-26 paid; and
33-1 (4) inform the employee or successor that unless the
33-2 indebtedness is paid on or before the date specified, the amount of
33-3 the indebtedness may be recovered by:
33-4 (A) deducting it [deducted] from any amount of
33-5 compensation the agency owes the employee or successor; or
33-6 (B) reducing the gross amount of base salary or
33-7 wages that the agency owes the employee or successor for services
33-8 provided by the employee during any pay period after the pay period
33-9 in which the indebtedness was incurred.
33-10 (c) For the purpose of Subsection (b)(4)(B), an indebtedness
33-11 is incurred during the pay period the compensation is earned by the
33-12 employee. For the purpose of this subsection, compensation is
33-13 earned without regard to whether the amount of that compensation
33-14 exceeds the amount the employee was eligible to receive.
33-15 Sec. 668.004 [666.004]. PAYMENT OF AMOUNT REMAINING. Any
33-16 amount that remains owed after a recovery [deduction] under Section
33-17 668.002 [666.002] shall be paid to the state employee or successor.
33-18 Sec. 668.005 [666.005]. RECOVERY [DEDUCTION] REQUESTS TO THE
33-19 COMPTROLLER. (a) A state agency may not request the comptroller
33-20 to make a recovery [deduction from compensation owed to a state
33-21 employee or successor] under Section 668.002(b) [666.002(b)] before
33-22 the agency:
33-23 (1) provides the employee or successor the opportunity
33-24 to exercise any due process or other constitutional or statutory
33-25 protection that must be accommodated before a collection action or
33-26 procedure may begin; and
34-1 (2) determines that the recovery [deduction] would not
34-2 violate any applicable law or rule of this state or the United
34-3 States.
34-4 (b) The comptroller may not investigate or determine whether
34-5 the agency has complied with Subsection (a)(1). The comptroller
34-6 may rely on a determination made under Subsection (a)(2).
34-7 (c) A state agency's request to the comptroller to make a
34-8 recovery [deduction] under Section 668.002(b) [666.002(b)] must
34-9 comply with the comptroller's requirements for format, content, and
34-10 frequency.
34-11 Sec. 668.006 [666.006]. ASSIGNEES. (a) The assignee of a
34-12 state employee or the employee's successor is considered to be a
34-13 successor for the purposes of this chapter, except that a recovery
34-14 [deduction] under this chapter from the compensation or base salary
34-15 or wages owed to the assignee of a state employee or the employee's
34-16 successor may not be made if the assignment became effective before
34-17 [after] the employee incurred the indebtedness.
34-18 (b) For the purpose of Subsection (a), an indebtedness is
34-19 incurred on:
34-20 (1) the date the compensation is paid, if eligibility
34-21 to receive the entire amount of the compensation was not
34-22 conditioned on a state employee fulfilling a promise; or
34-23 (2) the day after the deadline for a state employee to
34-24 fulfill a promise, if eligibility to receive the entire amount of
34-25 the compensation was conditioned on the employee fulfilling the
34-26 promise.
35-1 (c) This chapter neither authorizes nor prohibits a state
35-2 employee or the employee's successor from assigning the employee's
35-3 or successor's right or eligibility to receive compensation.
35-4 Sec. 668.007. OTHER METHODS OF RECOVERY NOT PROHIBITED.
35-5 This chapter does not prohibit the comptroller or a state agency
35-6 from recovering an indebtedness in any manner authorized by a law
35-7 outside this chapter.
35-8 Sec. 668.008 [666.007]. ADMINISTRATION. The comptroller may
35-9 adopt rules and establish procedures to administer this chapter.
35-10 SECTION 27. Sections 2101.011(a)-(c), Government Code, are
35-11 amended to read as follows:
35-12 (a) In this section:
35-13 (1) "Annual financial report" means the annual
35-14 financial report required by this section.
35-15 (2) "Appropriated money" means money appropriated by
35-16 the legislature under the General Appropriations Act or other law.
35-17 [(2) "Appropriation item" includes an item listed in
35-18 the General Appropriations Act under an informational listing of
35-19 appropriated funds.]
35-20 (b) Not later than November 20 of each year, a [the
35-21 executive head of each] state agency shall submit an annual
35-22 financial report regarding the agency's use of appropriated money
35-23 during the preceding fiscal year to:
35-24 (1) the governor;
35-25 (2) the comptroller;
35-26 (3) the Legislative Reference Library;
36-1 (4) the state auditor; and
36-2 (5) the Legislative Budget Board.
36-3 (c) A state agency's [The] annual financial report must
36-4 include[: (1)] a detailed statement of all assets, liabilities,
36-5 and fund balances, including:
36-6 (1) [(A)] cash on hand and on deposit in banks and
36-7 accounts in the state treasury;
36-8 (2) [(B)] the value of consumable supplies and
36-9 postage;
36-10 (3) [(C)] the value of the [state] agency's inventory
36-11 of movable equipment and other fixed assets;
36-12 (4) [(D)] all other assets;
36-13 (5) [(E)] an itemization [a list] of the investments,
36-14 bonds, notes, and other securities owned by any special funds under
36-15 the agency's jurisdiction [of the state agency], including the
36-16 amount and value of the securities;
36-17 (6) [(F)] all money due the [state] agency from any
36-18 source;
36-19 (7) [(G)] all outstanding commitments of the agency,
36-20 including amounts due for services or goods received by the agency;
36-21 (8) [(H)] a summary by source of all revenue collected
36-22 or accruing through the [state] agency;
36-23 (9) [(I)] a summary of all appropriations,
36-24 expenditures, bona fide encumbrances, and other disbursements by
36-25 the [state] agency; and
36-26 (10) any other financial information requested by the
37-1 comptroller.
37-2 [(2) a list of all bonded employees, including the
37-3 name of the surety company, the name and title of the employee, and
37-4 the amount of the surety bond;]
37-5 [(3) an analysis of space occupied by the state
37-6 agency, including:]
37-7 [(A) the total number of square feet of space
37-8 rented by the agency;]
37-9 [(B) the total number of square feet of occupied
37-10 space in state-owned buildings;]
37-11 [(C) the name and address of each building in
37-12 which the state agency occupies space and the number of square feet
37-13 in each building devoted to a particular use;]
37-14 [(D) the cost per square foot of all rented
37-15 space;]
37-16 [(E) the annual and monthly cost of all rented
37-17 space;]
37-18 [(F) the lessor of all rented space;]
37-19 [(G) a statement of the state agency's progress
37-20 toward achieving the objective provided by Section 2165.104, if the
37-21 agency is subject to that section; and]
37-22 [(H) other information helpful to describe the
37-23 state agency's use of space;]
37-24 [(4) an itemized statement of all fees paid by the
37-25 state agency for professional and consulting services provided
37-26 under Chapter 2254, including the name of each person receiving
38-1 fees and the reason for the provision of the services;]
38-2 [(5) an itemized statement of all legal services paid
38-3 by the state agency, other than services provided by an employee of
38-4 the agency or the attorney general, that includes the name of each
38-5 person receiving fees and the reason for the provision of the
38-6 services;]
38-7 [(6) a copy of the report, relating to the state
38-8 agency's use and cost of operating aircraft that is state-owned or
38-9 under rental or long-term lease, prepared by the agency in
38-10 accordance with Section 2205.041;]
38-11 [(7) a list of any purchases made under Section
38-12 2155.067, including each product purchased, the purchase amount,
38-13 and the name of each vendor;]
38-14 [(8) for each fiscal year ending in an even-numbered
38-15 calendar year, a copy of the Master File Report Verification Form
38-16 certified by the General Land Office, if applicable to the state
38-17 agency, to confirm that the agency is in compliance with Subchapter
38-18 E, Chapter 31, Natural Resources Code, or, if the agency's
38-19 inventory record is not accurate and complete, a statement that the
38-20 appropriate forms will be submitted to the General Land Office not
38-21 later than the 15th day after the date of the annual report;]
38-22 [(9) a copy of the report, relating to the state
38-23 agency's use of historically underutilized businesses, prepared by
38-24 the agency in accordance with Section 2161.124;]
38-25 [(10) a report of any transfer of appropriated money
38-26 between appropriation items that shows the sum of all transfers
39-1 affecting a particular item;]
39-2 [(11) a list of each passenger vehicle the state
39-3 agency purchased, including the make and model, purchase price,
39-4 assigned type of use, and fuel efficiency as expressed by the
39-5 manufacturer's fuel efficiency rating;]
39-6 [(12) a schedule, applicable to state agencies
39-7 determined by the Legislative Budget Board, detailing total
39-8 expenditures by or on behalf of a state agency for employee
39-9 benefits, such as social security, health insurance, and retirement
39-10 contributions, benefit replacement pay, and workers' and
39-11 unemployment compensation payments; bond debt service; and payments
39-12 for general governmental services as determined by the comptroller,
39-13 including services of the comptroller, the attorney general, the
39-14 General Services Commission, the Department of Information
39-15 Resources, and the state auditor;]
39-16 [(13) for an institution of higher education, the
39-17 total amount of lump-sum payments made to employees who separated
39-18 from state service during the fiscal year for accrued vacation and
39-19 compensatory leave; and]
39-20 [(14) any other financial information requested by the
39-21 comptroller.]
39-22 SECTION 28. Subchapter B, Chapter 2101, Government Code, is
39-23 amended by adding Section 2101.0115, to read as follows:
39-24 Sec. 2101.0115. OTHER INFORMATION REQUIRED OF STATE
39-25 AGENCIES. (a) A state agency shall submit an annual report to:
39-26 (1) the governor;
40-1 (2) the comptroller;
40-2 (3) the Legislative Reference Library;
40-3 (4) the state auditor; and
40-4 (5) the Legislative Budget Board.
40-5 (b) A state agency's annual report must cover an entire
40-6 fiscal year. The agency shall submit the report not later than the
40-7 date and in the form prescribed by the comptroller.
40-8 (c) A state agency's annual report must include:
40-9 (1) the name and job title of each bonded agency
40-10 employee, the amount of the bond, and the name of the surety
40-11 company that issued the bond;
40-12 (2) an analysis of space occupied by the agency,
40-13 including:
40-14 (A) the total amount of space rented by the
40-15 agency, expressed in square feet;
40-16 (B) the total amount of space occupied by the
40-17 agency in state-owned buildings, expressed in square feet;
40-18 (C) the name and address of each building in
40-19 which the agency occupies space and the amount of square feet in
40-20 each building devoted to each particular use;
40-21 (D) the cost per square foot of all rented
40-22 space;
40-23 (E) the annual and monthly cost of all rented
40-24 space;
40-25 (F) the name of each lessor of space rented by
40-26 the agency;
41-1 (G) a description of the agency's progress
41-2 toward achieving the objective provided by Section 2165.104, if the
41-3 agency is subject to that section; and
41-4 (H) any other information helpful to describe
41-5 the agency's use of space;
41-6 (3) an itemization of all fees paid by the agency for
41-7 professional or consulting services provided under Subchapter A or
41-8 B, Chapter 2254, including the name of each person receiving those
41-9 fees and the reason for the provision of the services;
41-10 (4) an itemization of all fees paid by the agency for
41-11 legal services, other than legal services provided by an agency
41-12 employee or the attorney general, including the name of each person
41-13 receiving those fees and the reason for the provision of the
41-14 services;
41-15 (5) a copy of the report prepared by the agency under
41-16 Section 2205.041, relating to the agency's use and cost of
41-17 operating aircraft that are state-owned or under rental or
41-18 long-term lease;
41-19 (6) an itemization of any purchases made under Section
41-20 2155.067, including each product purchased, the amount of the
41-21 purchase, and the name of the vendor;
41-22 (7) for each fiscal year ending in an even-numbered
41-23 calendar year:
41-24 (A) a copy of the master file report
41-25 verification form certified by the General Land Office, if
41-26 applicable to the agency, to confirm that the agency is in
42-1 compliance with Subchapter E, Chapter 31, Natural Resources Code;
42-2 or
42-3 (B) if the agency's inventory record is
42-4 inaccurate or incomplete, a statement that the agency will submit
42-5 the appropriate forms to the General Land Office not later than the
42-6 15th day after the date the agency submits its annual report;
42-7 (8) a copy of the report prepared by the agency under
42-8 Section 2161.124, relating to the agency's use of historically
42-9 underutilized businesses;
42-10 (9) a report of each transfer of appropriated money
42-11 between appropriation items that shows the sum of all transfers
42-12 affecting each item;
42-13 (10) an itemization of each passenger vehicle the
42-14 agency purchased, including the make, model, purchase price,
42-15 assigned type of use, and fuel efficiency as expressed by the
42-16 manufacturer's fuel efficiency rating;
42-17 (11) a schedule, applicable to state agencies
42-18 determined by the Legislative Budget Board, detailing total
42-19 expenditures by or on behalf of the agency for:
42-20 (A) employee benefits, including social
42-21 security, health insurance, retirement contributions, benefit
42-22 replacement pay, and workers' and unemployment compensation
42-23 payments;
42-24 (B) bond debt service; and
42-25 (C) payments for general governmental services
42-26 as determined by the comptroller, including services of the
43-1 comptroller, the attorney general, the General Services Commission,
43-2 the Department of Information Resources, and the state auditor;
43-3 (12) for an institution of higher education, the total
43-4 amount of lump-sum vacation and compensatory leave payments made to
43-5 employees who separated from state service during the fiscal year;
43-6 (13) the name and job title of each state officer or
43-7 employee authorized to use a state-owned or state-leased vehicle
43-8 and the reasons for the authorization, in accordance with Section
43-9 2113.013; and
43-10 (14) a report of expenditures made for each commodity
43-11 or service identified under Section 2155.448, including:
43-12 (A) the total amount spent on those commodities
43-13 and services;
43-14 (B) the total amount spent for commodities and
43-15 services purchased that accomplish the same purpose; and
43-16 (C) the total amount spent for all other
43-17 recycled, remanufactured, or environmentally sensitive commodities
43-18 or services, itemized by type of commodity or service.
43-19 (d) In this section:
43-20 (1) "Annual report" means the annual report required
43-21 by this section.
43-22 (2) "Appropriated money" means money appropriated by
43-23 the legislature under the General Appropriations Act or other law.
43-24 (3) "Appropriation item" includes an item listed in
43-25 the General Appropriations Act under an informational listing of
43-26 appropriated funds.
44-1 SECTION 29. Section 2101.012(b), Government Code, is amended
44-2 to read as follows:
44-3 (b) The procedures must:
44-4 (1) comply with generally accepted accounting
44-5 principles as established by the Governmental Accounting Standards
44-6 Board and the American Institute of Certified Public Accountants or
44-7 their successors; and
44-8 (2) include the requirements for compliance with the
44-9 federal Single Audit Act of 1984 and Office of Management and
44-10 Budget Circular A-133 [A-128] and any subsequent changes or
44-11 amendments that will fulfill the audit requirements for a statewide
44-12 single audit[; and]
44-13 [(3) to provide for maximum consistency with the
44-14 national reporting system for higher education, incorporate insofar
44-15 as possible the provisions of the financial accounting and
44-16 reporting manual published by the National Association of College
44-17 and University Business Officers].
44-18 SECTION 30. Section 2103.004, Government Code, is amended to
44-19 read as follows:
44-20 Sec. 2103.004. WARRANTS AND ELECTRONIC FUNDS TRANSFERS.
44-21 (a) A warrant may not be drawn or an electronic funds transfer
44-22 initiated until:
44-23 (1) the state agency from whose appropriated or
44-24 unappropriated funds the warrant or electronic funds transfer is
44-25 payable has submitted a voucher to the comptroller;
44-26 (2) the state agency has approved the voucher in
45-1 accordance with this chapter; and
45-2 (3) the comptroller has audited and approved the
45-3 voucher as required by law.
45-4 (b) A state agency's approval of a voucher includes the
45-5 agency's approval of any interest that must be paid at the same
45-6 time the principal amount is paid to a vendor under Chapter 2251.
45-7 In this subsection, "state agency" has the meaning assigned by
45-8 Section 2251.001.
45-9 SECTION 31. Section 2107.008, Government Code, is amended to
45-10 read as follows:
45-11 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
45-12 PROHIBITED. (a) Except as provided by this section, a state
45-13 agency, as a ministerial duty, may not use funds in or outside the
45-14 state treasury to pay a person if[: (1)] Section 403.055 prohibits
45-15 the comptroller from issuing a warrant or initiating an electronic
45-16 funds transfer to the person [; or (2)].
45-17 (b) Except as provided by this section, a state agency may
45-18 refuse to use funds in or outside the state treasury to pay a
45-19 person if the person is indebted to the state or has a tax
45-20 delinquency[,] and the agency is responsible for collecting that
45-21 indebtedness or delinquency[, and]. This subsection applies only
45-22 if Section 403.055 does not prohibit the comptroller from issuing a
45-23 warrant or initiating an electronic funds transfer to the person.
45-24 (c) [(b)] A state agency may not pay the assignee of a
45-25 person that the agency may not pay under Subsection (a) [(a)(1)] if
45-26 Section 403.055 prohibits the comptroller from issuing a warrant or
46-1 initiating an electronic funds transfer to the assignee. The
46-2 agency may refuse to [not] pay the assignee of a person that the
46-3 agency may refuse to [not] pay under subsection (b) [(a)(2)] if the
46-4 assignment became effective after the person became indebted to the
46-5 state or incurred a tax delinquency.
46-6 (d) [(c)] A state agency that Subsection (a) prohibits from
46-7 making a payment to a person also is prohibited from paying any
46-8 part of that payment to:
46-9 (1) the person's estate;
46-10 (2) the distributees of the person's estate; or
46-11 (3) the person's surviving spouse.
46-12 (e) A state agency that may refuse to make a payment to a
46-13 person under Subsection (b) also may refuse to make any part of
46-14 that payment to:
46-15 (1) the person's estate;
46-16 (2) the distributees of the person's estate; or
46-17 (3) the person's surviving spouse.
46-18 (f) [(d)] This section neither prohibits [does not prohibit]
46-19 a state agency from paying nor authorizes a state agency to refuse
46-20 to pay a person [subject to Subsection (a)(2)] or the person's
46-21 assignee if the agency determines that the person is complying with
46-22 an installment payment agreement or similar agreement between the
46-23 agency and that person to pay or eliminate the debt or delinquency.
46-24 (g) [(e)] The comptroller may not reimburse a state agency
46-25 for a payment that the comptroller determines was made in violation
46-26 of Subsection (a) [this section].
47-1 (h) [(f)] Subsection (b) [(a)(2)] does not authorize
47-2 [prohibit] a state agency to refuse to pay [from paying]:
47-3 (1) the compensation of a state officer or employee;
47-4 or
47-5 (2) the remuneration of an individual if the
47-6 remuneration is being paid by a private person through the agency.
47-7 (i) [(g)] Subsection (b) [(a)(2)] does not authorize
47-8 [prohibit] a state agency to refuse to make [from making] a payment
47-9 if:
47-10 (1) the payment would be made in whole or in part with
47-11 money paid to the state by the United States; and
47-12 (2) the agency determines that federal law:
47-13 (A) requires the payment to be made; or
47-14 (B) conditions the state's receipt of the money
47-15 on the payment being made.
47-16 (j) [(h)] A state agency may not refuse to make a payment
47-17 under Subsection (b) [(a)(2)] before the agency has provided the
47-18 person with an opportunity to exercise any due process or other
47-19 constitutional or statutory protection that must be accommodated
47-20 before the agency or the state may begin a collection action or
47-21 procedure.
47-22 (k) Subsection (a) does not prohibit a state agency from
47-23 making a payment if each state agency that properly reported the
47-24 person to the comptroller under Section 403.055(f) consents to the
47-25 payment.
47-26 (l) [(i)] This section does not apply to the extent that
48-1 Section 57.482, Education Code, applies.
48-2 (m) [(j)] This section applies to a payment only if the
48-3 comptroller is not responsible under Section 404.046, 404.069, or
48-4 2103.003 for issuing a warrant or initiating an electronic funds
48-5 transfer to make the payment.
48-6 (n) [(k)] In [Notwithstanding Section 2107.001, in] this
48-7 section:
48-8 (1) "Compensation," ["Compensation," "state agency,"]
48-9 "state officer or employee," and "tax delinquency" have the
48-10 meanings assigned by Section 403.055.
48-11 (2) "State agency" has the meaning assigned by Section
48-12 403.055, notwithstanding Section 2107.001(2).
48-13 SECTION 32. Section 2110.001, Government Code, is amended to
48-14 read as follows:
48-15 Sec. 2110.001. DEFINITION. In this chapter, "advisory
48-16 committee" means a committee, council, commission, task force, or
48-17 other entity with multiple members [in the executive branch of
48-18 state government] that[:]
48-19 [(1) is not a state agency;]
48-20 [(2) is created by or under state law; and]
48-21 [(3)] has as its primary function advising a state
48-22 agency in the executive branch of state government.
48-23 SECTION 33. Chapter 2110, Government Code, is amended by
48-24 adding Sections 2110.0011 and 2110.0012, to read as follows:
48-25 Sec. 2110.0011. APPLICABILITY OF THIS CHAPTER. This chapter
48-26 applies unless and to the extent:
49-1 (1) another state law specifically says that this
49-2 chapter does not apply; or
49-3 (2) a federal law or regulation:
49-4 (A) imposes an unconditional requirement that
49-5 irreconcilably conflicts with this chapter; or
49-6 (B) imposes a condition on the state's
49-7 eligibility to receive money from the federal government that
49-8 irreconcilably conflicts with this chapter.
49-9 Sec. 2110.0012. ESTABLISHMENT OF ADVISORY COMMITTEES. For
49-10 the purposes of this chapter, a state agency has established an
49-11 advisory committee if:
49-12 (1) state or federal law has specifically created the
49-13 committee to advise the agency; or
49-14 (2) the agency has created the committee to advise the
49-15 agency under state or federal law.
49-16 SECTION 34. Section 2110.002, Government Code, is amended to
49-17 read as follows:
49-18 Sec. 2110.002. COMPOSITION OF ADVISORY COMMITTEES. (a) An
49-19 [Notwithstanding other law, an] advisory committee must be composed
49-20 of a reasonable number of members not to exceed 24.
49-21 (b) The composition of an advisory [the] committee that
49-22 advises a state agency regarding an industry or occupation
49-23 regulated or directly affected by the agency must [also] provide a
49-24 balanced representation between:
49-25 (1) the industry or occupation [industries or
49-26 occupations regulated or directly affected by the advised state
50-1 agency]; and
50-2 (2) consumers of services provided [either] by the
50-3 [advised state] agency, [or] industry, [by industries] or
50-4 occupation [occupations regulated by the agency].
50-5 [(b) This section does not apply to an advisory committee if
50-6 the committee must be composed in a manner inconsistent with this
50-7 section under federal law or for federal funding purposes.]
50-8 SECTION 35. Section 2110.003(a), Government Code, is amended
50-9 to read as follows:
50-10 (a) An advisory committee shall select from among its
50-11 members a presiding officer[, unless a different procedure for
50-12 selecting the presiding officer is prescribed by other law].
50-13 SECTION 36. Section 2110.004, Government Code, is amended to
50-14 read as follows:
50-15 Sec. 2110.004. REIMBURSEMENT OF MEMBERS' EXPENSES;
50-16 APPROPRIATIONS PROCESS. (a) The money appropriated by the General
50-17 Appropriations Act may be expended to pay or reimburse a
50-18 [Notwithstanding other law, the manner and amount of reimbursement
50-19 for expenses, including] travel or other expense [expenses, of
50-20 members] incurred by a member of an advisory committee [may be
50-21 prescribed] only if:
50-22 (1) [by] the General Appropriations Act specifically
50-23 provides that the money may be expended for this purpose; or
50-24 (2) a [through the] budget execution order
50-25 specifically providing for the payment or reimbursement is adopted
50-26 [process] under Chapter 317, except as provided in Subsections (b)
51-1 - (e) [if the advisory committee is created after it is practicable
51-2 to address the existence of the committee in the General
51-3 Appropriations Act].
51-4 (b) Not subject to the requirement in Chapter 317 for
51-5 publication in the Texas Register is:
51-6 (1) a proposed budget execution order under Subsection
51-7 (a)(2);
51-8 (2) an adopted budget execution order under Subsection
51-9 (a)(2); or
51-10 (3) the approval or rejection of a contingent budget
51-11 execution order under Subsection (a)(2).
51-12 (c) If a person proposes a budget execution order under
51-13 Subsection (a)(2), the person proposing the order shall notify the
51-14 other person about the proposal. If the other person rejects the
51-15 proposed order, the order does not take effect. If the other
51-16 person does not reject the proposed order, the person may adopt
51-17 either the proposed order or a contingent order for changing the
51-18 proposed order. The proposed order expires if the other person
51-19 does not adopt the order or a contingent order before the 31st day
51-20 after the date the person receives notification of the proposed
51-21 order. If a person adopts a contingent order, the person adopting
51-22 the order shall notify the other person about the order. A
51-23 contingent order expires if the person proposing the budget
51-24 execution order does not approve the contingent order before the
51-25 31st day after the date the other person received notification of
51-26 the proposed budget execution order. In this subsection, "person"
52-1 means the governor or the Legislative Budget Board.
52-2 (d) The Legislative Budget Board may designate the board's
52-3 executive director to propose or adopt any order described in
52-4 Subsection (c). If the board designates the executive director,
52-5 the board shall adopt appropriate criteria for the executive
52-6 director to use when considering whether to propose or adopt an
52-7 order.
52-8 (e) The governor may designate an employee of the governor
52-9 to propose or adopt an order described in Subsection (c). If the
52-10 governor designates an employee, the governor shall adopt
52-11 appropriate criteria for the employee to use when considering
52-12 whether to propose or adopt an order.
52-13 (f) [(b)] A state agency [that is advised by an advisory
52-14 committee must] may request the legislature to include in the
52-15 General Appropriations Act a provision described in Subsection
52-16 (a)(1). A state agency may request the Legislative Budget Board or
52-17 the governor to propose or adopt an order described in Subsection
52-18 (c) [authority to reimburse the expenses of members of the
52-19 committee through the appropriations or budget execution process,
52-20 as appropriate, if the agency determines that the expenses of
52-21 committee members should be reimbursed]. A [The] request under
52-22 this subsection must:
52-23 (1) identify the costs related to the advisory
52-24 committee's existence, including the cost of agency staff time
52-25 spent in support of the committee's activities;
52-26 (2) state the reasons the advisory committee should
53-1 continue in existence; and
53-2 (3) identify any other advisory committees established
53-3 by [created to advise] the agency that should be consolidated or
53-4 abolished.
53-5 (g) [(c)] As part of the appropriations and budget execution
53-6 process, the governor and the Legislative Budget Board shall
53-7 jointly identify advisory committees that should be abolished. The
53-8 comptroller may recommend to the governor and the Legislative
53-9 Budget Board that an advisory committee [should] be abolished.
53-10 (h) [(d)] The General Appropriations Act may provide for
53-11 reimbursing the expenses of members of certain advisory committees
53-12 without providing for reimbursing the expenses of members of other
53-13 advisory committees.
53-14 (i) If an expense payment or reimbursement is authorized
53-15 under this section, the amount of the payment or reimbursement is
53-16 the amount prescribed under the law outside this chapter that
53-17 applies to the committee.
53-18 (j) [(e)] This section does not apply to an advisory
53-19 committee the services of which are determined by the governing
53-20 board of a retirement system trust fund to be necessary for the
53-21 performance of the governing board's fiduciary duties under the
53-22 state constitution.
53-23 SECTION 37. Section 2110.005, Government Code, is amended to
53-24 read as follows:
53-25 Sec. 2110.005. AGENCY-DEVELOPED STATEMENT OF PURPOSE;
53-26 REPORTING REQUIREMENTS. A state agency that establishes [is
54-1 advised by] an advisory committee shall by rule [adopt rules that]:
54-2 (1) state the purpose and tasks of the committee; and
54-3 (2) describe [the task of the committee and] the
54-4 manner in which the committee will report to the agency.
54-5 SECTION 38. Section 2110.006, Government Code, is amended to
54-6 read as follows:
54-7 Sec. 2110.006. AGENCY EVALUATION OF COMMITTEE COSTS AND
54-8 EFFECTIVENESS. A state agency that has established [is advised by]
54-9 an advisory committee shall evaluate annually:
54-10 (1) the committee's work;
54-11 (2) the committee's usefulness; and
54-12 (3) the costs related to the committee's existence,
54-13 including the cost of agency staff time spent in support of the
54-14 committee's activities.
54-15 SECTION 39. Section 2110.007, Government Code, is amended to
54-16 read as follows:
54-17 Sec. 2110.007. REPORT TO THE LEGISLATIVE BUDGET BOARD. A
54-18 state agency that has established [is advised by] an advisory
54-19 committee shall report to the Legislative Budget Board the
54-20 information developed in the evaluation required by Section
54-21 2110.006. The agency shall file the report biennially in
54-22 connection with the agency's request for appropriations.
54-23 SECTION 40. Section 2110.008, Government Code, is amended to
54-24 read as follows:
54-25 Sec. 2110.008. DURATION OF ADVISORY COMMITTEES. (a) A
54-26 state agency that has established [is advised by] an advisory
55-1 committee may designate [shall establish by rule] the [a] date on
55-2 which the committee will automatically be abolished. The
55-3 designation must be by rule. The [advisory] committee may continue
55-4 in existence after that date only if the [governing body of the]
55-5 agency amends the rule to provide for a different abolishment date
55-6 [affirmatively votes to continue the committee in existence].
55-7 (b) Unless the state agency that establishes an [An]
55-8 advisory committee designates a different date under Subsection
55-9 (a), the committee is automatically abolished on the later of:
55-10 (1) September 1, 2005; or
55-11 (2) the fourth anniversary of the date of its creation
55-12 [unless the governing body of the agency establishes a different
55-13 date under Subsection (a)].
55-14 (c) An advisory committee that state or federal law has
55-15 specifically created as described in Section 2110.0012(1) is
55-16 considered for the purpose of Subsection (b)(2) to have been
55-17 created on the effective date of that law unless the law
55-18 specifically provides for a different date of creation.
55-19 (d) [(c)] This section does not apply to an advisory
55-20 committee that has a specific duration prescribed by statute.
55-21 SECTION 41. Section 2113.001, Government Code, as added by
55-22 Section 4, Chapter 1498, Acts of the 76th Legislature, Regular
55-23 Session, 1999, is reenacted and amended to read as follows:
55-24 Sec. 2113.001. DEFINITIONS. Except as provided in this
55-25 chapter, in [In] this chapter:
55-26 (1) "Appropriated money" means money appropriated by
56-1 the legislature through the General Appropriations Act or other
56-2 law.
56-3 (2) "State agency" means:
56-4 (A) a department, commission, board, office, or
56-5 other entity in the executive branch of state government;
56-6 (B) the supreme court, the court of criminal
56-7 appeals, another entity in the judicial branch of state government
56-8 with statewide authority, or a court of appeals; or
56-9 (C) a university system or an institution of
56-10 higher education as defined by Section 61.003, Education Code,
56-11 except that a public junior college is excluded from the meaning of
56-12 the term in all of Subchapter C except Section 2113.101 and all of
56-13 Subchapter D except Section 2113.205 [and all of Subchapter C
56-14 except Section 2113.101].
56-15 SECTION 42. Section 2113.013(b), Government Code, is amended
56-16 to read as follows:
56-17 (b) The administrative head of a state agency may authorize
56-18 an officer or employee to use a state-owned or state-leased motor
56-19 vehicle to commute to and from work when the administrative head
56-20 determines that the use may be necessary to ensure that vital
56-21 agency functions are performed. The name and job title of each
56-22 individual authorized under this subsection, and the reasons for
56-23 the authorization, must be included in the [annual] report required
56-24 by Section 2101.0115 [law].
56-25 SECTION 43. Section 2113.205, Government Code, is reenacted
56-26 and amended to read as follows:
57-1 Sec. 2113.205. CERTAIN EXPENDITURES INVOLVING MULTIPLE [TWO]
57-2 FISCAL YEARS. (a) Except as provided in this subsection, a [The
57-3 comptroller shall adopt rules to permit] state agency may [agencies
57-4 to] use money appropriated for a particular fiscal year to pay
57-5 expenses related to conducting or attending a seminar or a
57-6 conference [seminars and conferences] only to the extent it occurs
57-7 [that will not occur] during that year. To the extent
57-8 cost-effective to do so, a state agency may use money appropriated
57-9 for a particular fiscal year to pay expenses related to conducting
57-10 or attending a seminar or conference that will occur partly or
57-11 entirely during a different [until the next] fiscal year [in
57-12 circumstances when it is cost-effective to do so].
57-13 (b) A [The comptroller also shall adopt rules to permit]
57-14 state agency may [agencies to] use money appropriated for a
57-15 particular fiscal year to pay the entire cost or amount of
57-16 [expenses for items such as] a periodical subscription,
57-17 [subscriptions and monthly utility] a maintenance contract, a post
57-18 office box rental, insurance, or a surety or honesty bond,
57-19 regardless of whether it covers more than one [charges in
57-20 circumstances when the billing or subscription period extends to
57-21 the next] fiscal year.
57-22 (c) A state agency may use money appropriated for a
57-23 particular fiscal year to pay for a utility service provided during
57-24 that fiscal year and September of the next fiscal year.
57-25 (d) The comptroller may establish procedures and adopt rules
57-26 to administer this section.
58-1 (e) In this section:
58-2 (1) "Institution of higher education" has the meaning
58-3 assigned by Section 61.003, Education Code.
58-4 (2) "State agency" means:
58-5 (A) a department, commission, board, office, or
58-6 other entity in the executive branch of state government, including
58-7 an institution of higher education as defined by Section 61.003,
58-8 Education Code;
58-9 (B) the supreme court, the court of criminal
58-10 appeals, another entity in the judicial branch of state government
58-11 with statewide authority, or a court of appeals; or
58-12 (C) the legislature or another entity in the
58-13 legislative branch of state government with statewide authority.
58-14 (3) "Utility service" means:
58-15 (A) the furnishing of electricity, water, or
58-16 natural gas;
58-17 (B) a telecommunications service, a wastewater
58-18 treatment service, or a waste disposal service; or
58-19 (C) any similar commodity or service that the
58-20 comptroller considers to be a utility service.
58-21 SECTION 44. Section 2155.004, Government Code, is amended to
58-22 read as follows:
58-23 Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED.
58-24 (a) A state agency may not accept a bid or award a contract that
58-25 includes proposed financial participation by a person who received
58-26 compensation from the agency to participate in preparing the
59-1 specifications or request for proposals on which the bid or
59-2 contract is based.
59-3 [(b) A state agency may not accept a bid or award a contract
59-4 to any individual not residing in this state or business entity not
59-5 incorporated in or whose principal domicile is not in this state
59-6 unless the individual or business entity:]
59-7 [(1) holds a permit issued by the comptroller to
59-8 collect or remit all state and local sales and use taxes that
59-9 become due and owing as a result of the individual's or entity's
59-10 business in this state; or]
59-11 [(2) certifies that it does not sell tangible personal
59-12 property or services that are subject to the state and local sales
59-13 and use tax.]
59-14 (b) [(c)] A bid or award subject to the requirements of this
59-15 section must include the following statement:
59-16 "Under Section 2155.004, Government Code, the vendor
59-17 certifies that the individual or business entity named in this bid
59-18 or contract is not ineligible to receive the specified contract and
59-19 acknowledges that this contract may be terminated and payment
59-20 withheld if this certification is inaccurate."
59-21 (c) [(d)] If a state agency determines that an individual or
59-22 business entity holding a state contract was ineligible to have the
59-23 contract accepted or awarded under Subsection (a) [or (b)], the
59-24 state agency may immediately terminate the contract without further
59-25 obligation to the vendor.
59-26 [(e) If the certification required under Subsection (b)(2)
60-1 is shown to be false, the vendor is liable to the state for
60-2 attorney's fees, the costs necessary to complete the contract,
60-3 including the cost of advertising and awarding a second contract,
60-4 and any other damages provided by law or contract.]
60-5 (d) [(f)] This section does not create a cause of action to
60-6 contest a bid or award of a state contract.
60-7 [(g) In the absence of a certification by the vendor under
60-8 Subsection (b)(2), the purchasing state agency shall determine if a
60-9 prospective vendor holds a permit for the collection and remission
60-10 of state and local sales and use taxes.]
60-11 (e) [(h)] This section does not prohibit a bidder or
60-12 contract participant from providing free technical assistance to a
60-13 state agency.
60-14 SECTION 45. Section 2155.448(c), Government Code, is amended
60-15 to read as follows:
60-16 (c) A state agency shall include [report] in the [its annual
60-17 financial] report[,] required by Section 2101.0115, and in an
60-18 annual report to the commission at a date and in a manner and form
60-19 prescribed by the commission, the expenditures made during the
60-20 preceding state fiscal year for each of the commodities or services
60-21 identified under Subsection (a). The report must at a minimum
60-22 identify the total amount spent on those commodities and services
60-23 and the total amount spent for commodities and services purchased
60-24 that accomplish the same purpose. State [Additionally, state]
60-25 agencies shall include in the reports [report] the amount spent for
60-26 all other recycled, remanufactured, and environmentally sensitive
61-1 commodities and services by type of commodity and service [as
61-2 prescribed by the commission].
61-3 SECTION 46. Section 2166.402, Government Code, is amended to
61-4 read as follows:
61-5 Sec. 2166.402. ENERGY CONSERVATION STANDARDS FOR ENTITIES
61-6 OTHERWISE EXCLUDED FROM CHAPTER. (a) The governing body of a
61-7 state agency, commission, or institution that is exempt from this
61-8 chapter under Section 2166.003 shall adopt and publish energy
61-9 conservation design standards as provided by Section 447.004 for a
61-10 new building under the entity's authority. The standards must be:
61-11 (1) consistent with those adopted by the commission
61-12 for other state buildings; and
61-13 (2) prepared in cooperation and consultation with the
61-14 state energy conservation office [management center] of the
61-15 comptroller [governor's office].
61-16 (b) The state energy conservation office [management center]
61-17 of the comptroller [governor's office] shall assist a governing
61-18 body of a state agency, commission, or institution subject to
61-19 Subsection (a) in preparing energy conservation standards by
61-20 providing technical assistance and advice.
61-21 SECTION 47. Section 2175.242(c), Government Code, is amended
61-22 to read as follows:
61-23 (c) This subchapter does not affect Section 403.273, which
61-24 provides for the deletion from state property accounting records of
61-25 a state agency's missing property [on the state auditor's
61-26 authorization].
62-1 SECTION 48. Section 2251.001, Government Code, is amended to
62-2 read as follows:
62-3 Sec. 2251.001. DEFINITIONS. Except as otherwise provided in
62-4 this chapter, in [In] this chapter:
62-5 (1) "Distribution date" means:
62-6 (A) if no payment law prohibits the comptroller
62-7 from issuing the warrant, the date the comptroller makes a warrant
62-8 available:
62-9 (i) for mailing directly to its payee
62-10 under Section 2155.382(c); or
62-11 (ii) to the state agency that requested
62-12 issuance of the warrant;
62-13 (B) if no payment law prohibits the comptroller
62-14 from initiating the transfer, the date the comptroller initiates an
62-15 electronic funds transfer;
62-16 (C) if a payment law prohibits the comptroller
62-17 from issuing the warrant, the date the comptroller would have made
62-18 a warrant available, in the absence of the payment law:
62-19 (i) for mailing directly to its payee
62-20 under Section 2155.382(c); or
62-21 (ii) to the state agency that requested
62-22 issuance of the warrant; or
62-23 (D) if a payment law prohibits the comptroller
62-24 from initiating an electronic funds transfer, the date the
62-25 comptroller would have made the warrant prepared under Section
62-26 403.0552(b) available, in the absence of the payment law:
63-1 (i) for mailing directly to its payee
63-2 under Section 2155.382(c); or
63-3 (ii) to the state agency that requested
63-4 initiation of the transfer.
63-5 (2) [(1)] "Goods" includes supplies, materials, or
63-6 equipment.
63-7 (3) [(2)] "Governmental entity" means a state agency
63-8 or political subdivision of this state.
63-9 (4) [(3)] "Payment" means money owed to a vendor.
63-10 (5) "Payment law" means:
63-11 (A) Section 57.48 or 57.482, Education Code;
63-12 (B) Section 231.007, Family Code;
63-13 (C) Section 403.055 or 2107.008; or
63-14 (D) any similar statute.
63-15 (6) [(4)] "Political subdivision" means:
63-16 (A) a county;
63-17 (B) a municipality;
63-18 (C) a public school district; or
63-19 (D) a special-purpose district or authority.
63-20 (7) [(5)] "Service" includes gas and water utility
63-21 service.
63-22 (8) [(6)] "State agency" means:
63-23 (A) a board, commission, department, office, or
63-24 other agency in the executive branch of state government that is
63-25 created by the constitution or a statute of this state, including a
63-26 river authority and an institution of higher education as defined
64-1 by Section 61.003, Education Code;
64-2 (B) the legislature or a legislative agency; or
64-3 (C) the Supreme Court of Texas, the Court of
64-4 Criminal Appeals of Texas, a court of appeals, a state judicial
64-5 agency, or the State Bar of Texas.
64-6 (9) [(7)] "Subcontractor" means a person who contracts
64-7 with a vendor to work or contribute toward completing work for a
64-8 governmental entity. The term does not include a state agency.
64-9 The term includes an officer or employee of a state agency when the
64-10 officer or employee contracts with a vendor in a private capacity.
64-11 (10) [(8)] "Vendor" means a person who supplies goods
64-12 or a service [services] to a governmental entity or another person
64-13 directed by the entity. The term does not include a state agency,
64-14 except for Texas Correctional Industries. The term includes [Texas
64-15 Correctional Industries] an officer or employee of a state agency
64-16 when acting in a private capacity to supply goods or a service.
64-17 SECTION 49. Section 2251.002(a), Government Code, is amended
64-18 to read as follows:
64-19 (a) This chapter does not apply to a payment made by a
64-20 governmental entity, vendor, or subcontractor if:
64-21 (1) there is a bona fide dispute between the political
64-22 subdivision and a vendor, contractor, subcontractor, or supplier
64-23 about the goods delivered or the service [services] performed that
64-24 causes the payment to be late;
64-25 (2) there is a bona fide dispute between a vendor and
64-26 a subcontractor or between a subcontractor and its supplier about
65-1 the goods delivered or the service [services] performed that causes
65-2 the payment to be late;
65-3 (3) the terms of a federal contract, grant,
65-4 regulation, or statute prevent the governmental entity from making
65-5 a timely payment with federal funds; or
65-6 (4) the invoice is not mailed to the person to whom it
65-7 is addressed in strict accordance with any instruction on the
65-8 purchase order relating to the payment.
65-9 SECTION 50. Section 2251.003, Government Code, is amended to
65-10 read as follows:
65-11 Sec. 2251.003. RULES. The General Services Commission shall
65-12 establish procedures and adopt rules to administer [implement] this
65-13 chapter, except that the commission may not establish a procedure
65-14 or adopt a rule that conflicts with a procedure established or a
65-15 rule adopted by the comptroller under Section 2251.026(h).
65-16 SECTION 51. Section 2251.021, Government Code, is amended by
65-17 amending Subsection (a) and adding Subsection (d), to read as
65-18 follows:
65-19 (a) Except as provided by Subsection (b), a payment by a
65-20 governmental entity under a contract executed on or after September
65-21 1, 1987, is overdue on the 31st day after the later of:
65-22 (1) the date the governmental entity receives the
65-23 goods under the contract;
65-24 (2) the date the performance of the service under the
65-25 contract is completed; or
65-26 (3) the date the governmental entity receives an
66-1 invoice for the goods or service [services].
66-2 (d) For the purposes of this section, the renewal,
66-3 amendment, or extension of a contract is considered to be the
66-4 execution of a new contract.
66-5 SECTION 52. Section 2251.025, Government Code, is amended by
66-6 amending Subsections (a) and (c) and adding Subsection (d), to read
66-7 as follows:
66-8 (a) A payment begins to accrue interest on the date the
66-9 payment becomes [is] overdue.
66-10 (c) Interest on an overdue payment stops accruing on the
66-11 date the governmental entity or vendor mails or electronically
66-12 transmits the payment. In this subsection, "governmental entity"
66-13 does not include a state agency.
66-14 (d) This subsection applies only if the comptroller is not
66-15 responsible for issuing a warrant or initiating an electronic funds
66-16 transfer to pay the principal amount owed by a state agency to a
66-17 vendor. The accrual of interest on an overdue payment to the
66-18 vendor:
66-19 (1) stops on the date the agency mails or
66-20 electronically transmits the payment; and
66-21 (2) is not suspended during any period that a payment
66-22 law prohibits the agency from paying the vendor.
66-23 SECTION 53. Section 2251.025, Government Code, is amended by
66-24 amending Subsection (b) and adding Subsection (f), to read as
66-25 follows:
66-26 (b) Except as provided in Subsection (f), interest accrues
67-1 on an [An] overdue payment [bears interest] at the rate of one
67-2 percent each month.
67-3 (f) The amount of interest that accrues on an overdue
67-4 payment by a state agency under this chapter is the lesser of the
67-5 amount determined under:
67-6 (1) the applicable contract between the agency and the
67-7 vendor; and
67-8 (2) Subsections (a), (b), (d), and (e).
67-9 SECTION 54. (a) Section 2251.025, Government Code, is
67-10 amended by adding Subsection (e), to read as follows:
67-11 (e) This subsection applies only if the comptroller is
67-12 responsible for issuing a warrant or initiating an electronic funds
67-13 transfer to pay the principal amount owed by a state agency to a
67-14 vendor. Interest on an overdue payment to the vendor:
67-15 (1) stops accruing on its distribution date; and
67-16 (2) does not accrue at all if, on the date the
67-17 comptroller would issue a warrant or initiate an electronic funds
67-18 transfer to make the payment, a payment law prohibits the
67-19 comptroller from issuing the warrant or initiating the transfer.
67-20 (b) The addition of Subsection (e) to Section 2251.025,
67-21 Government Code, by Subsection (a) of this section is intended to
67-22 more closely reflect existing law and does not imply that the law
67-23 as it existed before the effective date of this section is
67-24 substantively different from the law as it exists on and after the
67-25 effective date of this section.
67-26 (c) If Section 55(a) of this Act takes effect on the same
68-1 date that this section would take effect, this section has no
68-2 effect.
68-3 SECTION 55. (a) Effective on the date determined under
68-4 Subsection (b) of this section, Section 2251.025, Government Code,
68-5 is amended by adding Subsection (e), to read as follows:
68-6 (e) This subsection applies only if the comptroller is
68-7 responsible for issuing a warrant or initiating an electronic funds
68-8 transfer to pay the principal amount owed by a state agency to a
68-9 vendor. Interest on an overdue payment to the vendor:
68-10 (1) stops accruing on its distribution date; and
68-11 (2) is not suspended during any period that a payment
68-12 law prohibits the comptroller from issuing the warrant or
68-13 initiating the transfer.
68-14 (b) The changes in law made by Subsection (a) of this
68-15 section take effect on the date the comptroller files a
68-16 certification with the secretary of state that the comptroller has
68-17 completed modifications to the uniform statewide accounting system
68-18 to enable compliance with Section 2251.025(e), Government Code, as
68-19 added by Subsection (a) of this section. The secretary of state
68-20 shall publish in the Texas Register the certification filed by the
68-21 comptroller under this subsection.
68-22 SECTION 56. Section 2251.026, Government Code, is amended to
68-23 read as follows:
68-24 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. (a) A
68-25 [If the warrant for a payment the originating] state agency [owes
68-26 is not mailed or electronically transmitted before the payment is
69-1 overdue, the agency is liable for an] shall pay from funds
69-2 appropriated or otherwise available to the agency any interest
69-3 [payment] that accrues on an overdue payment under this chapter.
69-4 The interest must be paid at the same time the principal amount is
69-5 paid.
69-6 (b) The comptroller shall issue a warrant or initiate an
69-7 electronic funds transfer on behalf of a state agency to pay any
69-8 interest that the agency must pay under Subsection (a), if the
69-9 comptroller is responsible for issuing a warrant or initiating an
69-10 electronic funds transfer to pay the principal amount on behalf of
69-11 the agency.
69-12 (c)[(b)] The comptroller shall [compute] determine the
69-13 amount of interest that accrues [imposed] on [the] an overdue
69-14 payment by a state agency under this chapter if:
69-15 (1) the comptroller is responsible for issuing a
69-16 warrant or initiating an electronic funds transfer to pay the
69-17 principal amount on behalf of the agency; and
69-18 (2) the amount of interest is not determined under
69-19 Section 2251.025(f)(1).
69-20 (d) [c] [The comptroller shall pay the interest at the time
69-21 payment is made on the principal.] A state agency shall determine
69-22 the amount of interest that accrues on an overdue payment by the
69-23 agency under this chapter if:
69-24 (1) the comptroller is not responsible for issuing a
69-25 warrant or initiating an electronic funds transfer to pay the
69-26 principal amount on behalf of the agency;
70-1 (2) the amount of interest is determined under Section
70-2 2251.025(f)(1); or
70-3 (3) both Subdivisions (1) and (2) apply.
70-4 [(d) The comptroller shall submit the interest payment with
70-5 the net amount due for goods and services.]
70-6 (e) Neither the [The] comptroller nor a [and the] state
70-7 agency may [not] require a vendor to request payment of the
70-8 interest that accrues under this chapter before [petition, bill, or
70-9 wait an additional day to receive] the interest is paid to the
70-10 vendor [due].
70-11 (f) The comptroller may require a state agency to submit any
70-12 information the comptroller determines necessary [and timely
70-13 information and adopt rules to administer this section] to
70-14 administer and comply with Subsections (b) and (c). The
70-15 information must be submitted at the time and in the manner
70-16 required by the comptroller.
70-17 (g) The comptroller may require a state agency to change its
70-18 accounting systems or procedures as the comptroller determines
70-19 necessary to administer and comply with Subsections (b) and (c).
70-20 Any changes must conform with the comptroller's requirements.
70-21 (h) The comptroller may establish procedures and adopt rules
70-22 to administer Subsections (b), (c), (f), and (g).
70-23 SECTION 57. Section 2251.027(c), Government Code, is amended
70-24 to read as follows:
70-25 (c) The political subdivision shall submit the interest
70-26 payment with the net amount due for the goods or service [and
71-1 services].
71-2 SECTION 58. Section 2251.030(d), Government Code, is
71-3 reenacted and amended to read as follows:
71-4 (d) A state agency, when paying for the goods or service
71-5 [and services] purchased under an agreement that includes a prompt
71-6 or early payment discount, shall submit the necessary payment
71-7 documents or information to the comptroller sufficiently in advance
71-8 of the prompt or early payment deadline to allow the comptroller or
71-9 the agency to pay the vendor in time to obtain the discount.
71-10 SECTION 59. Subchapter Z, Chapter 2252, Government Code, is
71-11 amended by adding Section 2252.902, to read as follows:
71-12 Sec. 2252.902. CONTRACTING WITH PERSONS WHO HAVE CERTAIN
71-13 DEBTS OR DELINQUENCIES. (a) Each state agency shall determine
71-14 whether a payment law prohibits the comptroller from issuing a
71-15 warrant or initiating an electronic funds transfer to a person
71-16 before the agency enters into a written contract with that person.
71-17 The agency shall make this determination not earlier than the
71-18 seventh day before and not later than the date of entering into the
71-19 contract. The determination must be made in accordance with the
71-20 comptroller's requirements.
71-21 (b) This subsection applies if the agency determines that a
71-22 payment law prohibits the comptroller from issuing a warrant or
71-23 initiating an electronic funds transfer to the person. The agency
71-24 may not enter into a written contract with the person unless:
71-25 (1) the contract requires the agency's payments under
71-26 the contract to be applied directly toward eliminating the person's
72-1 debt or delinquency; and
72-2 (2) the requirement described in Subdivision (1)
72-3 specifically applies to any debt or delinquency, regardless of when
72-4 it arises.
72-5 (c) The comptroller may determine the order that a person's
72-6 multiple types of debts or delinquencies are reduced or eliminated
72-7 under this section.
72-8 (d) The comptroller may adopt rules and establish procedures
72-9 to administer this section.
72-10 (e) In this section:
72-11 (1) "Debt or delinquency" means a debt, tax
72-12 delinquency, student loan delinquency, or child support delinquency
72-13 that results in a payment law prohibiting the comptroller from
72-14 issuing a warrant or initiating an electronic funds transfer.
72-15 (2) "Payment law" means:
72-16 (A) Section 57.48, Education Code;
72-17 (B) Section 231.007, Family Code;
72-18 (C) Section 403.055; or
72-19 (D) any similar law that prohibits the
72-20 comptroller from issuing a warrant or initiating an electronic
72-21 funds transfer to a person.
72-22 (3) "State agency" has the meaning assigned by Section
72-23 403.055.
72-24 SECTION 60. Section 2305.002(3), Government Code, is amended
72-25 to read as follows:
72-26 (3) "Energy office" means the state energy
73-1 conservation office of the comptroller [General Services
73-2 Commission].
73-3 SECTION 61. The heading of Section 2305.011, Government
73-4 Code, is amended to read as follows:
73-5 Sec. 2305.011. ADMINISTRATION BY COMPTROLLER [GENERAL
73-6 SERVICES COMMISSION] AND ENERGY OFFICE.
73-7 SECTION 62. Section 2305.011, Government Code, is amended by
73-8 adding Subsection (f), to read as follows:
73-9 (f) The comptroller may adopt rules as necessary to
73-10 administer the programs prescribed by this chapter.
73-11 SECTION 63. Section 2305.022, Government Code, is amended to
73-12 read as follows:
73-13 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
73-14 used only by the governor and the comptroller [General Services
73-15 Commission] to implement and operate the programs authorized by
73-16 this chapter.
73-17 SECTION 64. Section 533.0351(g), Health and Safety Code, is
73-18 amended to read as follows:
73-19 (g) Except as provided in this subsection, the [The]
73-20 committee is subject to Chapter 2110, Government Code. The
73-21 [department by rule shall provide, in accordance with Section
73-22 2110.008, Government Code, that the] committee is abolished
73-23 automatically on September 1, 2007, unless the board adopts a rule
73-24 continuing [affirmatively votes to continue] the committee in
73-25 existence beyond that date.
73-26 SECTION 65. Section 771.071(e), Health and Safety Code, is
74-1 amended to read as follows:
74-2 (e) A local exchange service provider shall collect the fees
74-3 imposed on its customers under this section. Not later than the
74-4 30th day after the last day of the month in which the fees are
74-5 collected, the local exchange service provider shall deliver the
74-6 fees to the comptroller [commission]. The comptroller [commission]
74-7 shall deposit money from the fees to the credit of the 9-1-1
74-8 services fee account in the general revenue fund. The comptroller
74-9 may establish alternative dates for payment of fees under this
74-10 section.
74-11 SECTION 66. Subsections (b), (c), and (f), Section 771.0711,
74-12 Health and Safety Code, are amended to read as follows:
74-13 (b) A wireless service provider shall collect the fee in an
74-14 amount equal to 50 cents a month for each wireless
74-15 telecommunications connection from its subscribers and shall pay
74-16 the money collected to the comptroller [commission] not later than
74-17 the 30th day after the last day of the month during which the fees
74-18 were collected. The comptroller may establish alternative dates
74-19 for payment of fees under this section. The wireless service
74-20 provider may retain an administrative fee of one percent of the
74-21 amount collected. The comptroller shall deposit the money from the
74-22 fees to the credit of the 9-1-1 services fees account. Until
74-23 deposited to the credit of the 9-1-1 services fees account [fund]
74-24 as required by Subsection (c), money the comptroller [commission]
74-25 collects under this subsection remains in a trust fund with
74-26 [outside] the state treasury.
75-1 (c) Money collected under Subsection (b) may be used only
75-2 for services related to 9-1-1 services, including automatic number
75-3 identification and automatic location information services. Not
75-4 later than the 15th day [Within 15 days] after the end of the month
75-5 in which the money is collected [of the date of collection of the
75-6 money], the commission shall distribute to each emergency
75-7 communications district that does not participate in the state
75-8 system a portion of the money that bears the same proportion to the
75-9 total amount collected that the population of the area served by
75-10 the district bears to the population of the state. The commission
75-11 shall deposit the remaining money collected under Subsection (b) to
75-12 the 9-1-1 services fee account [fund].
75-13 (f) A wireless service provider is not required to take
75-14 legal action to enforce the collection of any wireless 9-1-1
75-15 service fee. The comptroller [commission] may establish collection
75-16 procedures and recover the cost of collection from the subscriber
75-17 liable for the fee. The comptroller [commission] may institute
75-18 legal proceedings to collect a fee and in those proceedings is
75-19 entitled to recover from the subscriber court costs, attorney's
75-20 fees, and interest on the amount delinquent. [The interest is
75-21 computed at an annual rate of 12 percent beginning on the date the
75-22 fee becomes due.]
75-23 SECTION 67. Subsections (b), (c), and (f), Section 771.072,
75-24 Health and Safety Code, are amended to read as follows:
75-25 (b) The amount of the surcharge may not exceed one and
75-26 three-tenths [1-3/10] of one percent of the charges for intrastate
76-1 long-distance service, as defined by the commission.
76-2 (c) Except as provided by Section 771.073(f), an intrastate
76-3 long-distance service provider shall collect the surcharge imposed
76-4 on its customers under this section and shall deliver the
76-5 surcharges to the comptroller [commission] not later than the date
76-6 specified by the comptroller. If the comptroller does not specify
76-7 a date, the provider shall deliver the surcharges to the
76-8 comptroller not later than the 30th day after the last day of the
76-9 month in which the surcharges are collected.
76-10 (f) The comptroller [commission] shall deposit the
76-11 surcharges and any prior balances in accounts [an account] in the
76-12 general revenue fund in the state treasury until they are allocated
76-13 to regional planning commissions, other 9-1-1 jurisdictions, and
76-14 regional poison control centers in accordance with this section.
76-15 From those accounts [that account], the amount necessary for the
76-16 commission to fund approved plans of regional planning commissions
76-17 and regional poison control centers and to carry out its duties
76-18 under this chapter shall be appropriated to the commission.
76-19 Section 403.095, Government Code, does not apply to an [the]
76-20 account established by this subsection.
76-21 SECTION 68. Sections 771.073(b)-(c), Health and Safety Code,
76-22 are amended to read as follows:
76-23 (b) A business service user that provides residential
76-24 facilities and owns or leases a private telephone switch used to
76-25 provide telephone service to facility residents shall collect the
76-26 9-1-1 emergency service fee and transmit the fees monthly to the
77-1 comptroller [commission]. A business service user that does not
77-2 collect and remit the 9-1-1 emergency service fee as required is
77-3 subject to a civil cause of action. A court may award to the
77-4 comptroller [commission] court costs, attorney's fees, and interest
77-5 on the amount delinquent [at an annual rate of 12 percent], to be
77-6 paid by the nonpaying business service user. A certificate of
77-7 [sworn affidavit by] the comptroller [commission] specifying the
77-8 unremitted fees is prima facie evidence that the fees were not
77-9 remitted and of the amount of the unremitted fees.
77-10 (c) The comptroller [commission] may establish collection
77-11 procedures and recover the cost of collection from the customer
77-12 liable for the fee or surcharge. The comptroller [commission] may
77-13 institute legal proceedings to collect a fee or surcharge and in
77-14 those proceedings is entitled to recover from the customer court
77-15 costs, attorney's fees, and an interest on the amount delinquent.
77-16 [The interest is computed at an annual rate of 12 percent beginning
77-17 on the date the fee or surcharge becomes due.]
77-18 SECTION 69. Section 771.074, Health and Safety Code, is
77-19 amended to read as follows:
77-20 Sec. 771.074. EXEMPTION. A fee or surcharge authorized by
77-21 this subchapter, Chapter 772, or a home-rule municipality may not
77-22 be imposed or collected from the state or the federal government.
77-23 SECTION 70. Section 771.076(a), Health and Safety Code, is
77-24 amended to read as follows:
77-25 (a) The commission or an employee of the commission may
77-26 notify the comptroller of any irregularity that may indicate that
78-1 an audit of a service provider collecting a fee or surcharge under
78-2 this chapter is warranted. The comptroller also may audit a
78-3 service provider at the comptroller's discretion, without first
78-4 receiving a notification from the commission or an employee of the
78-5 commission. The commission may require at its own expense that an
78-6 audit be conducted of a public agency receiving money under this
78-7 chapter.
78-8 SECTION 71. Section 771.077, Health and Safety Code, is
78-9 amended to read as follows:
78-10 Sec. 771.077. COLLECTION OF FEES AND SURCHARGES. (a) The
78-11 comptroller may [by rule shall] establish collection procedures to
78-12 collect past due amounts and may recover the costs of collection
78-13 from a service provider or business service user that fails to
78-14 timely deliver the fees and the equalization surcharge to the
78-15 comptroller [commission]. Subtitles A and B, Title 2, Tax Code,
78-16 apply to the administration and collection of amounts by the
78-17 comptroller under this subchapter.
78-18 (b) The comptroller may [by rule shall] establish procedures
78-19 to be used by the commission to notify the comptroller of a service
78-20 provider's or business service user's failure to timely deliver the
78-21 fees or surcharges.
78-22 [(c) In addition to amounts collected under Subsection (a),
78-23 after notice and an opportunity for a hearing, the comptroller may
78-24 assess a late penalty against a service provider who fails to
78-25 timely deliver the fees or surcharges. The late penalty is in an
78-26 amount not to exceed $100 a day for each day that the fees or
79-1 surcharges are late.]
79-2 (c) [(d)] The comptroller shall deposit amounts received as
79-3 costs of collection in the general fund.
79-4 (d) [(e)] The comptroller shall:
79-5 (1) remit to the commission money collected under this
79-6 section for fees provided by Section 771.0711 and associated late
79-7 penalties;
79-8 (2) deposit to the 9-1-1 services fee fund any money
79-9 collected under this section for fees provided by Section 771.071
79-10 and associated late penalties; and
79-11 (3) deposit to the account as authorized by Section
79-12 771.072 any money collected under this section for fees provided by
79-13 Section 771.072 and associated late penalties.
79-14 (e) [(f)] The commission shall:
79-15 (1) deposit or distribute the money remitted under
79-16 Subsection (d)(1) [(e)(1)] as Section 771.0711 provides for fees
79-17 received under that section; and
79-18 (2) distribute the money remitted under Subsection
79-19 (d)(2) [(e)(2)] and appropriated to the commission under contracts
79-20 as provided by Section 771.078(b)(1).
79-21 SECTION 72. Section 111.064, Tax Code, is amended by adding
79-22 Subsection (f), to read as follows:
79-23 (f) A local revenue fund is not subject to Subsections
79-24 (a)-(c). In this subsection, "local revenue fund" includes a court
79-25 cost, a fee, a fine, or a similar charge collected by a
79-26 municipality, a county, or a court of this state and remitted to
80-1 the comptroller.
80-2 SECTION 73. Section 156.154(c), Tax Code, is amended to read
80-3 as follows:
80-4 (c) A claim for a refund may be filed only for each fiscal
80-5 year [calendar] quarter for all reimbursements accrued during that
80-6 quarter.
80-7 SECTION 74. Subchapter R, Chapter 171, Tax Code, is amended
80-8 by adding Section 171.837, to read as follows:
80-9 Sec. 171.837. BIENNIAL REPORT BY THE COMPTROLLER.
80-10 (a) Before the beginning of each regular session of the
80-11 legislature, the comptroller shall submit to the governor, the
80-12 lieutenant governor, and the speaker of the house of
80-13 representatives a report stating:
80-14 (1) the total amount of qualifying expenditures
80-15 incurred by corporations that claim a credit under this subchapter;
80-16 (2) the total amount of credits applied against the
80-17 tax under this chapter and the amount of unused credits, including:
80-18 (A) the total amount of franchise tax due by
80-19 corporations claiming a credit under this subchapter before and
80-20 after the application of the credit;
80-21 (B) the average percentage reduction in
80-22 franchise tax due by corporations claiming a credit under this
80-23 subchapter;
80-24 (C) the percentage of tax credits that were
80-25 awarded to corporations with fewer than 100 employees; and
80-26 (D) the two-digit standard industrial
81-1 classification of corporations claiming a credit under this
81-2 subchapter;
81-3 (3) the geographical distribution of qualifying
81-4 expenditures giving rise to a credit authorized by this subchapter;
81-5 (4) the impact of the credit authorized by this
81-6 subchapter on promoting economic development in this state; and
81-7 (5) the impact of the credit authorized by this
81-8 chapter on state tax revenues.
81-9 (b) The final report issued prior to the expiration of this
81-10 subchapter shall include historical information on the credit
81-11 authorized by this subchapter.
81-12 (c) The comptroller may not include in the report
81-13 information that is confidential by law.
81-14 (d) For the purposes of this section, the comptroller may
81-15 require a corporation that claims a credit under this subchapter to
81-16 submit:
81-17 (1) information, on a form provided by the
81-18 comptroller, on the location of the corporation's qualifying
81-19 expenditures; and
81-20 (2) any other information the comptroller deems
81-21 necessary.
81-22 SECTION 75. Chapter 56, Utilities Code, is amended to
81-23 conform more closely to the law from which it was derived by adding
81-24 Section 56.113, to read as follows:
81-25 Sec. 56.113. ADVISORY COMMITTEE COMPENSATION AND EXPENSES.
81-26 A member of the advisory committee serves without compensation but
82-1 is entitled to reimbursement at rates established for state
82-2 employees for travel and per diem incurred in the performance of
82-3 the member's official duties.
82-4 SECTION 76. (a) The following laws are repealed:
82-5 (1) Article 2.45, Texas Business Corporation Act;
82-6 (2) Section 403.055(h), Government Code, as added by
82-7 Section 1, Chapter 583, Acts of the 76th Legislature, Regular
82-8 Session, 1999;
82-9 (3) Sections 659.062 and 659.063, Government Code;
82-10 (4) Section 2251.002(c), Government Code;
82-11 (5) Section 1701.156(c), Occupations Code;
82-12 (6) Section 8.03(b), Chapter 62, Acts of the 76th
82-13 Legislature, Regular Session, 1999;
82-14 (7) Section 48(e), Chapter 268, Acts of the 73rd
82-15 Legislature, Regular Session, 1993; and
82-16 (8) Section 2(b), Chapter 57, Acts of the 70th
82-17 Legislature, 2nd Called Session, 1987.
82-18 (b) The repeal of Section 2251.002(c), Government Code, by
82-19 Subsection (a)(4) of this section is intended to repeal a law that
82-20 became obsolete on the date the provision to which Section
82-21 2251.002(c) refers was repealed by Section 12, Chapter 660, Acts of
82-22 the 73rd Legislature, Regular Session, 1993.
82-23 SECTION 77. Section 8 of this Act reenacts Section 403.027,
82-24 Government Code, to ensure that Section 403.027 remains in effect
82-25 after repeal of the Act that added Section 403.027 to the law.
82-26 Section 76, Chapter 1035, Acts of the 75th Legislature, Regular
83-1 Session, 1997, added both Section 403.027 and a duplicative version
83-2 of Section 403.026, Government Code, to the law, effective June 19,
83-3 1997. Section 8.03(a), Chapter 62, Acts of the 76th Legislature,
83-4 Regular Session, 1999, repealed the duplicative version of Section
83-5 403.026, effective September 1, 1999. Section 8.03(b) of that Act
83-6 repealed Section 76, effective September 1, 1999. The repeal of
83-7 Section 76 created unintended ambiguity about whether Section
83-8 403.027 remained in effect on and after the effective date of
83-9 Section 8.03(b).
83-10 SECTION 78. (a) The changes in law by Sections 20, 21, 24,
83-11 and 76(3), (7)-(8) of this Act apply only to longevity pay or
83-12 hazardous duty pay that is earned on or after September 1, 2001.
83-13 Longevity pay or hazardous duty pay that is earned before that date
83-14 is governed by the law in effect on the date the pay is earned, and
83-15 the prior law is continued in effect for this purpose.
83-16 (b) The changes in law by Section 23 of this Act apply only
83-17 to a temporary assignment that takes effect on or after September
83-18 1, 2001. A temporary assignment that takes effect before that date
83-19 is governed by the law in effect on the date the temporary
83-20 assignment takes effect, and the prior law is continued in effect
83-21 for this purpose.
83-22 (c) The changes to Section 660.203, Government Code, by
83-23 Section 25 of this Act apply only to a meal or lodging expense
83-24 incurred on or after September 1, 2001. A meal or lodging expense
83-25 incurred before that date is governed by the law in effect on the
83-26 date the meal or lodging expense is incurred, and the prior law is
84-1 continued in effect for this purpose.
84-2 SECTION 79. (a) The changes in law made by Sections 51 and
84-3 53 of this Act apply only to a payment that becomes overdue under
84-4 Chapter 2251, Government Code, on or after the effective date of
84-5 those sections. A payment that becomes overdue under Chapter 2251,
84-6 Government Code, before that date is governed by Sections 2251.021
84-7 and 2251.025, Government Code, as they exist on the date the
84-8 payment becomes overdue, and the prior law is continued in effect
84-9 for this purpose.
84-10 (b) The changes in law made by Section 54 of this Act apply
84-11 only to a payment whose distribution date is at least one day after
84-12 the effective date of those changes. A payment whose distribution
84-13 date is on or before the effective date of those changes is
84-14 governed by the law in effect on the date the payment becomes
84-15 overdue under Chapter 2251, Government Code, and the prior law is
84-16 continued in effect for this purpose.
84-17 (c) The changes in law made by Section 55 of this Act apply
84-18 only to a payment whose distribution date is at least one day after
84-19 the effective date of those changes. A payment whose distribution
84-20 date is on or before the effective date of those changes is
84-21 governed by the law in effect on the date the payment becomes
84-22 overdue under Chapter 2251, Government Code, and the prior law is
84-23 continued in effect for this purpose.
84-24 (d) In this section, "payment" and "distribution date" have
84-25 the meanings assigned by Section 2251.001, Government Code, as
84-26 amended by Section 48 of this Act.
85-1 SECTION 80. (a) Except as provided by Subsections (b)-(g)
85-2 of this section:
85-3 (1) this Act takes effect immediately if it receives a
85-4 vote of two-thirds of all the members elected to each house, as
85-5 provided by Section 39, Article III, Texas Constitution; and
85-6 (2) if this Act does not receive the vote necessary
85-7 for immediate effect, this Act takes effect on the 91st day after
85-8 the last day of the legislative session.
85-9 (b) This subsection and Section 1 of this Act take effect on
85-10 the date the Uniform Electronic Transactions Act takes effect, if
85-11 that Act is codified in Chapter 43, Business & Commerce Code, and
85-12 becomes law under S.B. No. 393, H.B. No. 1201, or another bill
85-13 enacted by the 77th Legislature, Regular Session, 2001. This
85-14 subsection and Section 1 of this Act do not take effect if the
85-15 Uniform Electronic Transactions Act is not codified or does not
85-16 become law as described in this subsection.
85-17 (c) This subsection and Sections 2, 5, 6, 11, 12(b), 13,
85-18 18-29, 32-40, 42, 45, 64, 73, 75, 76(3), (5), (7)-(8), and 78 of
85-19 this Act take effect September 1, 2001.
85-20 (d) This subsection and Section 72 of this Act take effect
85-21 October 1, 2001.
85-22 (e) This subsection and Sections 65-71 of this Act take
85-23 effect January 1, 2002.
85-24 (f) The changes in law made by Section 55(a) of this Act
85-25 take effect according to Section 55(b) of this Act.
85-26 (g) Section 79(c) of this Act takes effect on the date that
86-1 the changes in law made by Section 55(a) of this Act take effect.
86-2 SECTION 81. The constitutional rule requiring bills to be
86-3 read on three several days in each house is hereby suspended.