By: Swinford (Senate Sponsor - Ellis) H.B. No. 53
(In the Senate - Received from the House July 11, 2003;
July 14, 2003, read first time and referred to Committee on
Government Organization; July 16, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6, Nays
0; July 16, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 53 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization of, efficiency in, and other reform
measures applying to state government; making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TELECONFERENCE MEETING OF LEGISLATIVE BUDGET BOARD
SECTION 1.01. Section 322.003, Government Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) As an exception to Chapter 551 and other law, if the
chairman and vice chairman of the board are physically present at a
meeting, then any number of the other members of the board may
attend a meeting of the board by use of telephone conference call,
video conference call, or other similar telecommunication device.
This subsection applies for purposes of constituting a quorum, for
purposes of voting, and for any other purpose allowing a member of
the board to otherwise fully participate in any meeting of the
board. This subsection applies without exception with regard to
the subject of the meeting or topics considered by the members.
(e) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location of the meeting;
(3) must be open to the public and shall be audible to
the public at the location specified in the notice of the meeting as
the location of the meeting; and
(4) must provide two-way audio communication between
all parties attending the meeting during the entire meeting.
ARTICLE 2. GOVERNOR'S BUDGET AUTHORITY
SECTION 2.01. Subsection (a), Section 401.046, Government
Code, is amended to read as follows:
(a) The governor shall deliver a copy of the governor's
budget to each member of the legislature before the governor gives
the message to the legislature required by Section 9, Article IV,
Texas Constitution, at the commencement [not later than the sixth
day] of each regular legislative session.
SECTION 2.02. Section 401.047, Government Code, is
repealed.
ARTICLE 3. ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION
SECTION 3.01. Section 72.101, Property Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Property distributable in the course of a
demutualization or related reorganization of an insurance company
is presumed abandoned on the first anniversary of the date the
property becomes distributable if, at the time of the first
distribution, the last known address of the owner according to the
records of the holder of the property is known to be incorrect or
the distribution or statements related to the distribution are
returned by the post office as undeliverable and the owner has not:
(1) communicated in writing with the holder of the
property or the holder's agent regarding the interest; or
(2) otherwise communicated with the holder regarding
the interest as evidenced by a memorandum or other record on file
with the holder or its agents.
(d) Property distributable in the course of a
demutualization or related reorganization of an insurance company
that is not subject to Subsection (c) is presumed abandoned as
otherwise provided by this section.
SECTION 3.02. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect November 1, 2003.
ARTICLE 4. MEMBERS OF TEXAS VETERANS COMMISSION
SECTION 4.01. Subsection (c), Section 434.003, Government
Code, is amended to read as follows:
(c) A person having a less than honorable discharge from
military service is not eligible to be a member. No two members may
reside in the same senatorial district[, and not more than one
member may be from a senatorial district composed of a single
county].
ARTICLE 5. COMMISSIONER OF INSURANCE
SECTION 5.01. Section 31.023, Insurance Code, is amended to
read as follows:
Sec. 31.023. QUALIFICATIONS. The commissioner must:
(1) be a competent and experienced administrator;
(2) be well informed and qualified in the field of
insurance and insurance regulation; and
(3) have at least 10 years of experience as an
executive in the administration of business or government or as a
practicing attorney or certified public accountant[, with at least
five years of that experience in the field of insurance or insurance
regulation].
SECTION 5.02. The change in law made by this article to
Section 31.023, Insurance Code, applies only to the appointment of
the commissioner of insurance on or after the effective date of this
article. A commissioner of insurance appointed before the
effective date of this article is governed by the law as it existed
immediately before that date, and that law is continued in effect
for this purpose.
ARTICLE 6. MEMBERS OF PARKS AND WILDLIFE COMMISSION
SECTION 6.01. Subsection (d), Section 11.012, Parks and
Wildlife Code, is amended to read as follows:
(d) In making appointments under this section, the
governor:
(1) shall:
(A) attempt to include persons with expertise in
diverse fields, including fields such as historic preservation,
conservation, and outdoor recreation; and
(B) consider the commission's composition in
terms of:
(i) the geographical areas represented by
members of the commission; and
(ii) the appropriate balance of
representatives from rural and urban areas; and
(2) may include persons who have an interest in and
knowledge of hunting, fishing, wildlife, environmental concerns,
land or water use issues, or water quality issues.
SECTION 6.02. (a) As soon as possible on or after November
1, 2003, the governor shall appoint nine members to the Parks and
Wildlife Commission under Section 11.012, Parks and Wildlife Code,
as amended by this article. The governor shall designate:
(1) three members, including one public member, for
terms expiring February 1, 2005;
(2) three members, including one public member, for
terms expiring February 1, 2007; and
(3) three members, including one public member, for
terms expiring February 1, 2009.
(b) The governor may reappoint a person who served as a
member of the Parks and Wildlife Commission before November 1,
2003.
(c) The position of a member of the Parks and Wildlife
Commission serving immediately before November 1, 2003, is
abolished at the time five or more of the newly appointed directors
qualify for office. Until the abolition of the members' positions
occurs under this section, the members serving immediately before
November 1, 2003, have the same powers and duties that the members
had immediately before that date and the commission continues to be
composed in the way it was composed before that date, and the former
law is continued in effect for that purpose.
ARTICLE 7. PARDONS AND PAROLES
SECTION 7.01. Section 508.001, Government Code, is amended
by amending Subdivision (8) and adding Subdivision (10) to read as
follows:
(8) "Parole commissioner" means a person employed by
the board to perform the duties described by Section 508.0441
["Policy board" means the Board of Pardons and Paroles Policy
Board].
(10) "Presiding officer" means the presiding officer
of the Board of Pardons and Paroles.
SECTION 7.02. Subsection (a), Section 508.031, Government
Code, is amended to read as follows:
(a) The board consists of seven [18] members appointed by
the governor with the advice and consent of the senate.
SECTION 7.03. Section 508.034, Government Code, is amended
to read as follows:
Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualification required by Section 508.032(b) for appointment to the
board;
(2) is ineligible for membership under Section
508.033;
(3) is unable to discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(4) is absent from more than half of the regularly
scheduled board or panel meetings that the member is eligible to
attend during each calendar year, except when the absence is
excused by [majority vote of] the presiding officer [board].
(b) [It is a ground for removal from the board and the policy
board if a member of the policy board is absent from more than half
of the regularly scheduled policy board meetings that the member is
eligible to attend during each calendar year.
[(c)] The board administrator or the board administrator's
designee shall provide to members of the board[, to members of the
policy board,] and to employees, as often as necessary, information
regarding their qualification for office or employment under this
chapter and their responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
(c) [(d)] The validity of an action of[:
[(1)] the board or panel is not affected by the fact
that the action is taken when a ground for removal of a board member
exists[; and
[(2) the policy board is not affected by the fact that
the action is taken when a ground for removal of a member of the
policy board exists].
(d) [(e)] If the general counsel to the board has knowledge
that a potential ground for removal exists, the general counsel
shall notify the presiding officer of the board of the potential
ground. The presiding officer shall notify the governor and the
attorney general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
general counsel to the board shall notify the governor and the
attorney general that a potential ground for removal exists.
(e) [(f)] It is a ground for removal from the board that a
member fails to comply with policies or rules adopted by the
[policy] board.
SECTION 7.04. Section 508.035, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The presiding officer reports directly to the governor
and serves as the administrative head of the [policy board and the]
board.
(d) The presiding officer may:
(1) delegate responsibilities and authority to other
members of the board, to parole commissioners, or to employees of
the board;
(2) appoint advisory committees from the membership of
the board or from parole commissioners to further the efficient
administration of board business; and
(3) establish policies and procedures to further the
efficient administration of the business of the board.
SECTION 7.05. Section 508.036, Government Code, as amended
by Section 31.01, Senate Bill No. 287, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 508.036. [POLICY BOARD: COMPOSITION;] GENERAL
ADMINISTRATIVE DUTIES. (a) The presiding officer [governor shall
designate seven members of the board to serve as the Board of
Pardons and Paroles Policy Board. The governor shall designate the
presiding officer of the board as one of the seven members of the
policy board, and the presiding officer of the board shall serve as
presiding officer of the policy board. Service on the policy board
is an additional duty of office for members appointed to the policy
board.
[(b) Members of the board designated as members of the
policy board serve on the policy board for six-year terms that are
concurrent with their six-year terms on the board, with the service
of two or three members expiring February 1 of each odd-numbered
year.
[(c) The policy board] shall:
(1) develop and implement policies that clearly
separate the policy-making responsibilities of the board and the
management responsibilities of the board administrator, parole
commissioners, and the staff of the board [adopt rules relating to
the decision-making processes used by the board and parole panels];
(2) establish caseloads and required work hours for
members of the board and parole commissioners [assign duties to
members of the policy board that are in addition to the duties those
members have in handling a caseload];
(3) update parole guidelines, assign precedential
value to previous decisions of the board relating to the granting of
parole and the revocation of parole or mandatory supervision, and
develop policies to ensure that members of the board and parole
commissioners use guidelines and previous decisions of the board
and parole commissioners in making decisions under this chapter;
(4) require members of the board and parole
commissioners to file activity reports[, on forms provided by the
policy board,] that provide information on release decisions made
by members of the board and parole commissioners, the workload and
hours worked of the members of the board and parole commissioners,
and the use of parole guidelines by members of the board and parole
commissioners; and
(5) report at least annually to the governor and the
legislature on the [board] activities of the board and parole
commissioners, parole release decisions, and the use of parole
guidelines by the board and parole commissioners.
(b) The board shall:
(1) adopt rules relating to the decision-making
processes used by the board and parole panels;
(2) prepare information of public interest describing
the functions of the board and make the information available to the
public and appropriate state agencies;
(3) comply with federal and state laws related to
program and facility accessibility; and
(4) prepare annually a complete and detailed written
report that meets the reporting requirements applicable to
financial reporting provided in the General Appropriations Act and
accounts for all funds received and disbursed by the board during
the preceding fiscal year.
(c) The board administrator shall prepare and maintain a
written plan that describes how a person who does not speak English
can be provided reasonable access to the board's programs and
services.
(d) The board, in performing its duties, is subject to the
open meetings law, Chapter 551, and the administrative procedure
law, Chapter 2001. This subsection does not affect the provisions
of Section 2001.223 exempting hearings and interviews conducted by
the board or the division from Section 2001.038 and Subchapters
C-H, Chapter 2001.
SECTION 7.06. Section 508.0362, Government Code, is amended
to read as follows:
Sec. 508.0362. TRAINING REQUIRED. (a)(1) A person who is
appointed to and qualifies for office as a member of the board [or
the policy board] may not vote, deliberate, or be counted as a
member in attendance at a meeting of the board [or policy board]
until the person completes at least one course of a training program
that complies with this section.
(2) A parole commissioner employed by the board may
not vote or deliberate on a matter described by Section 508.0441
until the person completes at least one course of a training program
that complies with this section.
(b) A training program must provide information to the
person regarding:
(1) the enabling legislation that created the board
[and the policy board];
(2) the programs operated by the board;
(3) the role and functions of the board and parole
commissioners;
(4) the rules of the board;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of the:
(A) open meetings law, Chapter 551;
(B) open records law, Chapter 552; and
(C) administrative procedure law, Chapter 2001;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
[policy] board or the Texas Ethics Commission.
(c) A person appointed to the board [or policy board] is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
SECTION 7.07. Subsection (a), Section 508.040, Government
Code, is amended to read as follows:
(a) The presiding officer is responsible for the employment
and supervision of [policy board shall employ and supervise]:
(1) parole commissioners;
(2) a general counsel to the board;
(3) [(2)] a board administrator to manage the
day-to-day activities of the board;
(4) [(3)] hearing officers;
(5) [(4)] personnel to assist in clemency and hearing
matters; and
(6) [(5)] secretarial or clerical personnel.
SECTION 7.08. Section 508.041, Government Code, is amended
to read as follows:
Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The
[policy] board shall develop and implement:
(1) a training program that each newly hired employee
of the board designated to conduct hearings under Section 508.281
must complete before conducting a hearing without the assistance of
a board member or experienced parole commissioner or designee; and
(2) a training program to provide an annual update to
designees of the board on issues and procedures relating to the
revocation process.
(b) The [policy] board shall prepare and biennially update a
procedural manual to be used by designees of the board. The
[policy] board shall include in the manual:
(1) descriptions of decisions in previous hearings
determined by the [policy] board to have value as precedents for
decisions in subsequent hearings;
(2) laws and court decisions relevant to decision
making in hearings; and
(3) case studies useful in decision making in
hearings.
(c) The [policy] board shall prepare and update as necessary
a handbook to be made available to participants in hearings under
Section 508.281, such as defense attorneys, persons released on
parole or mandatory supervision, and witnesses. The handbook must
describe in plain language the procedures used in a hearing under
Section 508.281.
SECTION 7.09. Section 508.042, Government Code, is amended
to read as follows:
Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE
COMMISSIONERS. (a) The [policy] board shall develop for board
members and parole commissioners a comprehensive training and
education program on the criminal justice system, with special
emphasis on the parole process.
(b)(1) A new member may not participate in a vote of the
board or a panel, deliberate, or be counted as a member in
attendance at a meeting of the board [or policy board] until the
member completes the program.
(2) A new parole commissioner may not participate in a
vote of a panel until the commissioner completes the program. This
subdivision does not apply to a new parole commissioner who as a
board member completed the program.
SECTION 7.10. Subchapter B, Chapter 508, Government Code,
is amended by amending Section 508.044 and adding Section 508.0441
to read as follows:
Sec. 508.044. POWERS AND DUTIES OF BOARD. [(a)] A board
member shall give full time to the duties of the member's office,
including [.
[(b) In addition to performing the] duties imposed on the
board by the Texas Constitution and other law.
Sec. 508.0441. RELEASE AND REVOCATION DUTIES. (a) Board[,
board] members and parole commissioners shall determine:
(1) which inmates are to be released on parole or
mandatory supervision;
(2) conditions of parole or mandatory supervision,
including special conditions;
(3) the modification and withdrawal of conditions of
parole or mandatory supervision;
(4) which releasees may be released from supervision
and reporting; and
(5) the continuation, modification, and revocation of
parole or mandatory supervision.
(b) [(c)] The [policy] board shall develop and implement a
policy that clearly defines circumstances under which a board
member or parole commissioner should disqualify himself or herself
from voting on:
(1) a parole decision; or
(2) a decision to revoke parole or mandatory
supervision.
(c) [(d)] The [policy] board may adopt reasonable rules as
[the policy board considers] proper or necessary relating to:
(1) the eligibility of an inmate for release on parole
or release to mandatory supervision;
(2) the conduct of a parole or mandatory supervision
hearing; or
(3) conditions to be imposed on a releasee.
(d) [(e)] The presiding officer [policy board] may provide
a written plan for the administrative review of actions taken by a
parole panel by a review panel [the entire membership or by a subset
of the entire membership of the board].
(e) [(f)] Board members and parole commissioners shall, at
the direction of the presiding officer, file activity reports on
duties performed under this chapter.
SECTION 7.11. Subsections (a) and (b), Section 508.045,
Government Code, are amended to read as follows:
(a) Except as provided by Section 508.046, board members and
parole commissioners shall act in panels composed of three [persons
each] in matters of:
(1) release on parole;
(2) release to mandatory supervision; and
(3) revocation of parole or mandatory supervision.
(b) The presiding officer [of the board] shall designate the
composition of each panel, and may designate panels composed only
of board members, composed only of parole commissioners, or
composed of any combination of members and parole commissioners.
SECTION 7.12. Subsection (a), Section 508.047, Government
Code, is amended to read as follows:
(a) The members of the [policy] board shall meet at least
once in each quarter of the calendar year at a site determined by
the presiding officer.
SECTION 7.13. Section 508.049, Government Code, is amended
to read as follows:
Sec. 508.049. MISSION STATEMENT. (a) The [policy] board,
after consultation with the governor and the Texas Board of
Criminal Justice, shall adopt a mission statement that reflects the
responsibilities for the operation of the parole process that are
assigned to the [policy board, the] board, the division, the
department, or the Texas Board of Criminal Justice.
(b) The [policy] board shall include in the mission
statement a description of specific locations at which the board
intends to conduct business related to the operation of the parole
process.
SECTION 7.14. Section 508.082, Government Code, is amended
to read as follows:
Sec. 508.082. RULES. The [policy] board shall adopt rules
relating to:
(1) the submission and presentation of information and
arguments to the board, a parole panel, and the department for and
in behalf of an inmate; and
(2) the time, place, and manner of contact between a
person representing an inmate and:
(A) a member of the board or a parole
commissioner;
(B) an employee of the board; or
(C) an employee of the department.
SECTION 7.15. Subsection (g), Section 508.141, Government
Code, as added by Senate Bill No. 917, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(g) The [policy] board shall adopt a policy establishing the
date on which the board may reconsider for release an inmate who has
previously been denied release. The policy must require the board
to reconsider for release an inmate serving a sentence for an
offense listed in Section 508.149(a) during a month designated by
the parole panel that denied release. The designated month must
begin after the first anniversary of the date of the denial and end
before the fifth anniversary of the date of the denial. The policy
must require the board to reconsider for release an inmate other
than an inmate serving a sentence for an offense listed in Section
508.149(a) as soon as practicable after the first anniversary of
the date of the denial.
SECTION 7.16. Subsection (b), Section 508.144, Government
Code, is amended to read as follows:
(b) If a board member or parole commissioner deviates from
the parole guidelines in voting on a parole decision, the member or
parole commissioner shall:
(1) produce a brief written statement describing the
circumstances regarding the departure from the guidelines; and
(2) place a copy of the statement in the file of the
inmate for whom the parole decision was made.
SECTION 7.17. Subsection (b), Section 508.153, Government
Code, is amended to read as follows:
(b) If more than one person is entitled to appear in person
before the board members or parole commissioners, only the person
chosen by all persons entitled to appear as the persons' sole
representative may appear [before the board members].
SECTION 7.18. Subsection (a), Section 508.281, Government
Code, is amended to read as follows:
(a) A releasee, a person released although ineligible for
release, or a person granted a conditional pardon is entitled to a
hearing before a parole panel or a designated agent of the board
under the rules adopted by the [policy] board and within a period
that permits a parole panel, a designee of the board, or the
department to dispose of the charges within the periods established
by Sections 508.282(a) and (b) if the releasee or person:
(1) is accused of a violation of the releasee's parole
or mandatory supervision or the person's conditional pardon, on
information and complaint by a peace officer or parole officer; or
(2) is arrested after an ineligible release.
SECTION 7.19. Subsection (c), Section 508.313, Government
Code, as amended by Section 3, Senate Bill No. 519, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(c) The department, on request or in the normal course of
official business, shall provide information that is confidential
and privileged under Subsection (a) to:
(1) the governor;
(2) a member of the board or a parole commissioner;
(3) the Criminal Justice Policy Council in performing
duties of the council under Section 413.017; or
(4) an eligible entity requesting information for a
law enforcement, prosecutorial, correctional, clemency, or
treatment purpose.
SECTION 7.20. Section 492.0131, Government Code, is amended
to read as follows:
Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The
board and the presiding officer of the Board of Pardons and Paroles
[Policy Board] shall jointly review all rules, policies, and
procedures of the department and the Board of Pardons and Paroles
that relate to or affect the operation of the parole process. The
board and the presiding officer of the Board of Pardons and Paroles
[policy board] shall identify areas of inconsistency between the
department and the Board of Pardons and Paroles and shall amend
rules or change policies and procedures as necessary for consistent
operation of the parole process.
SECTION 7.21. Section 508.0361, Government Code, is
repealed.
SECTION 7.22. (a) The governor shall appoint new members
to the Board of Pardons and Paroles on or before January 1, 2004,
and the terms of members serving on December 31, 2003, expire on the
appointment of the new members. The governor may appoint but is
not required to appoint as new members persons who served on the
board before January 1, 2004.
(b) Of the new members of the Board of Pardons and Paroles,
the governor shall appoint two to serve terms expiring February 1,
2005, two to serve terms expiring February 1, 2007, and three to
serve terms expiring February 1, 2009. On the expiration of the
terms of the initial members of the new board, the term of a member
appointed by the governor is six years.
(c) On November 1, 2003, a rule of the Board of Pardons and
Paroles Policy Board is a rule of the Board of Pardons and Paroles.
ARTICLE 8. ADMINISTRATION OF TEXAS BUILDING AND PROCUREMENT
COMMISSION
SECTION 8.01. Section 2152.051, Government Code, is amended
to read as follows:
Sec. 2152.051. COMPOSITION OF COMMISSION. (a) The
commission consists of five members appointed by the governor.
(b) Subsection (a) governs the composition of the
commission after January 31, 2007. On or before that date, this
subsection governs the composition of the commission. The
commission consists of seven members, of whom[:
[(1)] three members are appointed by the governor,[;
[(2)] two additional members are appointed by the
governor from a list of nominees submitted by the speaker of the
house of representatives,[;] and
[(3)] two members are appointed by the lieutenant
governor. The members serving on the commission immediately before
the effective date of the Act of the 78th Legislature, 1st Called
Session, 2003, that amended this section and added this subsection
are entitled to continue to serve on the commission for the terms
for which they were appointed if they are otherwise qualified for
their positions. Notwithstanding Section 2152.057, for the period
in which the commission consists of seven members under this
subsection, two or three members' terms expire on January 31 of each
odd-numbered year. If, on or before January 31, 2007, the term of
any position on the commission expires or a vacancy is created in
any position on the commission, the governor shall appoint a person
to fill the position. However, the two positions on the commission
that are filled by appointment by the governor from a list submitted
by the speaker are abolished on the expiration of the positions'
terms on January 31, 2007. This subsection expires September 1,
2009.
[(b) In making an appointment under Subsection (a)(2), the
governor may reject one or more of the nominees on a list submitted
by the speaker of the house of representatives and request a new
list of different nominees.]
SECTION 8.02. Subsection (b), Section 2152.052, Government
Code, is amended to read as follows:
(b) In making appointments under this section, the governor
[and lieutenant governor] shall attempt to appoint women and
members of different minority groups, including African Americans,
Hispanic Americans, Native Americans, and Asian Americans.
SECTION 8.03. Section 2152.057, Government Code, is amended
to read as follows:
Sec. 2152.057. TERMS. Commission members serve staggered
six-year terms with one or two [or three] members' terms expiring
January 31 of each odd-numbered year.
ARTICLE 9. DESIGNATION OF PRESIDING OFFICERS
SECTION 9.01. Chapter 651, Government Code, is amended by
adding Section 651.010 to read as follows:
Sec. 651.010. APPOINTMENT OF PRESIDING OFFICERS BY
GOVERNOR. (a) In this section, "state agency" means a department,
commission, board, office, council, authority, or other agency in
the executive branch of state government that is created by the
constitution or a statute of this state, including:
(1) a university system or institution of higher
education as defined by Section 61.003, Education Code; and
(2) a river authority as defined by Section 30.003,
Water Code.
(b) Notwithstanding other law, the governor may designate a
member of the governing body of each state agency as the presiding
officer of that governing body to serve in that capacity at the
pleasure of the governor.
(c) This section does not apply to a state agency that is
headed by one or more statewide-elected officials or to an entity
that advises or reports to a state agency headed by one or more
statewide-elected officials.
ARTICLE 10. STATE AIRCRAFT POOLING BOARD
SECTION 10.01. The heading to Subchapter A, Chapter 2205,
Government Code, is amended to read as follows:
SUBCHAPTER A. STATE AIRCRAFT POOLING [BOARD]; GENERAL PROVISIONS
SECTION 10.02. Subdivision (1), Section 2205.002,
Government Code, is amended to read as follows:
(1) "Department [Board]" means the Texas Department of
Transportation [State Aircraft Pooling Board].
SECTION 10.03. Section 2205.032, Government Code, is
amended to read as follows:
Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND
MAINTENANCE. (a) The department [board] shall operate a pool for
the custody, control, operation, and maintenance of all aircraft
owned or leased by the state.
(b) The department [board] may purchase aircraft with funds
appropriated for that purpose.
(c) As part of the strategic plan that the department
[board] develops and submits under Chapter 2056, the department
[board] shall develop a long-range plan for its pool of aircraft.
The department [board] shall include appropriate portions of the
long-range plan in its legislative appropriations request. The
long-range plan must include estimates of future aircraft
replacement needs and other fleet management needs, including any
projected need to increase or decrease the number of aircraft in the
pool. In developing the long-range plan, the department [board]
shall consider at a minimum for each aircraft in the pool:
(1) how much the aircraft is used and the purposes for
which it is used;
(2) the cost of operating the aircraft and the revenue
generated by the aircraft; and
(3) the demand for the aircraft or for that type of
aircraft.
SECTION 10.04. Section 2205.034, Government Code, is
amended to read as follows:
Sec. 2205.034. FACILITIES. (a) The department [board] may
acquire appropriate facilities for the accommodation of all
aircraft owned or leased by the state. The facilities may be
purchased or leased as determined by the department [board] to be
most economical for the state and as provided by legislative
appropriations. The facilities may include adequate hangar space,
an indoor passenger waiting area, a flight-planning area,
communications facilities, and other related and necessary
facilities.
(b) A state agency that operates an aircraft may not use a
facility in Austin other than a facility operated by the department
[board] for the storage, parking, fueling, or maintenance of the
aircraft, whether or not the aircraft is based in Austin. In a
situation the department [board] determines to be an emergency, the
department [board] may authorize a state agency to use a facility in
Austin other than a department [board] facility for the storage,
parking, fueling, or maintenance of an aircraft.
SECTION 10.05. Section 2205.035, Government Code, is
amended to read as follows:
Sec. 2205.035. AIRCRAFT LEASES. (a) The department
[board] by interagency contract may lease state-owned aircraft to a
state agency.
(b) A state agency that is the prior owner or lessee of an
aircraft has the first option to lease that aircraft from the
department [board].
(c) The lease may provide for operation or maintenance by
the department [board] or the state agency.
(d) A state agency may not expend appropriated funds for the
lease of an aircraft unless the department [board] executes the
lease or approves the lease by department [board] order.
(e) A state agency may not use money appropriated by the
legislature to rent or lease aircraft except from the department
[board] or as provided by Subsection (f). For purposes of this
subsection and Subsection (f), payments of mileage reimbursements
provided for by the General Appropriations Act are not rentals or
leases of aircraft.
(f) If the department [board] determines that no
state-owned aircraft is available to meet a transportation need
that has arisen or that a rental or lease of aircraft would reduce
the state's transportation costs, the department [board] shall
authorize a state agency to expend funds for the rental or lease of
aircraft, which may include a helicopter.
SECTION 10.06. Section 2205.036, Government Code, is
amended to read as follows:
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The
department [board] shall provide aircraft transportation, to the
extent that its aircraft are available, to:
(1) state officers and employees who are traveling on
official business according to the coordinated passenger
scheduling system and the priority scheduling system developed as
part of the aircraft operations manual under Section 2205.038;
(2) persons in the care or custody of state officers or
employees described by Subdivision (1); and
(3) persons whose transportation furthers official
state business.
(b) The department [board] may not provide aircraft
transportation to a passenger if the passenger is to be transported
to or from a place where the passenger:
(1) will make or has made a speech not related to
official state business;
(2) will attend or has attended an event sponsored by a
political party;
(3) will perform a service or has performed a service
for which the passenger is to receive an honorarium, unless the
passenger reimburses the board for the cost of transportation;
(4) will attend or has attended an event at which money
is raised for private or political purposes; or
(5) will attend or has attended an event at which an
audience was charged an admission fee to see or hear the passenger.
(c) The department [board] may not provide aircraft
transportation to a destination unless:
(1) the destination is not served by a commercial
carrier;
(2) the time required to use a commercial carrier
interferes with passenger obligations; or
(3) the number of passengers traveling makes the use
of state aircraft cost-effective.
(d) The department shall monitor and ensure compliance with
the requirements of this section.
SECTION 10.07. Section 2205.038, Government Code, is
amended to read as follows:
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The
department [board] shall:
(1) prepare a manual that establishes minimum
standards for the operation of aircraft by state agencies; and
(2) adopt procedures for the distribution of the
manual to state agencies.
(b) The manual must include provisions for:
(1) pilot certification standards, including medical
requirements for pilots;
(2) recurring training programs for pilots;
(3) general operating and flight rules;
(4) coordinated passenger scheduling; and
(5) other issues the department [board] determines are
necessary to ensure the efficient and safe operation of aircraft by
a state agency.
(c) The department [board] shall confer with and solicit the
written advice of state agencies the department [board] determines
are principal users of aircraft operated by the department [board]
and, to the extent practicable, incorporate that advice in the
development of the manual and subsequent changes to the manual.
(d) The department [board] shall give an officer normally
elected by statewide election priority in the scheduling of
aircraft. The department [board] by rule may require a 12-hour
notice by the officer to obtain the priority in scheduling.
SECTION 10.08. Section 2205.039, Government Code, is
amended to read as follows:
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
Board, in cooperation with the department [board], shall prescribe:
(1) a travel log form for gathering information about
the use of state-operated aircraft;
(2) procedures to ensure that individuals who travel
as passengers on or operate state-operated aircraft provide in a
legible manner the information requested of them by the form; and
(3) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
(b) The travel log form must request the following
information about a state-operated aircraft each time the aircraft
is flown:
(1) a mission statement, which may appear as a
selection to be identified from general categories appearing on the
form;
(2) the name, state agency represented, destination,
and signature of each person who is a passenger or crew member of
the aircraft;
(3) the date of each flight;
(4) a detailed and specific description of the
official business purpose of each flight; and
(5) other information determined by the Legislative
Budget Board and the department [board] to be necessary to monitor
the proper use of the aircraft.
(c) A state agency other than the department [board] shall
send travel logs to the department [board] each month in which the
agency operates an aircraft.
(d) The department shall monitor and ensure compliance by
state agencies with the requirements of this section.
(e) The department shall annually report to the Legislative
Budget Board on air travel information received under this section.
SECTION 10.09. Section 2205.040, Government Code, is
amended to read as follows:
Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The
department [board] shall adopt rates for interagency aircraft
services that are sufficient to recover[, in the aggregate and to
the extent possible,] all expenses incurred under this chapter
[direct costs for the services provided], including current
obligations for capital equipment financed under the Texas Public
Finance Authority's master lease purchase program and aircraft
replacement costs [a state agency's pro rata share of major
maintenance, overhauls of equipment and facilities, and pilots'
salaries].
(b) The department shall deposit all revenue received under
this chapter to the credit of the state highway fund. Money
deposited to the credit of the state highway fund under this chapter
is exempt from the application of Section 403.095, Government Code
[Legislative Budget Board, in cooperation with the board and the
state auditor, shall prescribe a billing procedure for passenger
travel on state-operated aircraft].
(c) The department may spend money from the state highway
fund for expenses incurred under this chapter.
(d) It is the intent of the legislature that receipts and
expenditures that relate to the state highway fund under this
chapter be balanced over time so that, to the extent practicable,
the receipts and expenditures do not result in a net gain or net
loss to the fund.
SECTION 10.10. Subsection (a), Section 2205.041,
Government Code, is amended to read as follows:
(a) The Legislative Budget Board, in cooperation with the
department [board], shall prescribe:
(1) an annual aircraft use form for gathering
information about the use of state-operated aircraft, including the
extent to which and the methods by which the goal provided by
Section 2205.031(b) is being met; and
(2) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
SECTION 10.11. Section 2205.042, Government Code, is
amended to read as follows:
Sec. 2205.042. PILOTS. An individual who is not a pilot
employed by the department [board] may not operate a state-operated
aircraft unless the department [board] grants the individual a
specific exemption from that requirement.
SECTION 10.12. Subsection (b), Section 2205.043,
Government Code, is amended to read as follows:
(b) The department [board] shall adopt rules, consistent
with federal regulations and Subtitle A, Title 11 [Article 6139f,
Revised Statutes], governing the color, size, and location of marks
of identification required by this section.
SECTION 10.13. Section 2205.044, Government Code, is
amended to read as follows:
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The
department [board] may contract with a state or federal
governmental agency or a political subdivision to provide aircraft
fuel or to provide aircraft maintenance services.
SECTION 10.14. Subsection (a), Section 2205.045,
Government Code, is amended to read as follows:
(a) The department [board] may purchase insurance to
protect the department [board] from loss caused by damage, loss,
theft, or destruction of aircraft owned or leased by the state and
shall purchase liability insurance to protect the officers and
employees of each state agency from loss arising from the operation
of state-owned aircraft.
SECTION 10.15. Section 2205.046, Government Code, is
amended to read as follows:
Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a)
The department [board] may transfer aircraft to a public technical
institute or other public postsecondary educational institution
for use in the institution's flight training program. Except as
provided by this section, the department [board] has no
responsibility for continued maintenance of aircraft transferred
under this section.
(b) As a condition to the transfer of the aircraft, the
institution must certify in writing to the department [board] that
the institution will accept full responsibility for maintenance of
the aircraft and that it will be properly maintained while in the
custody and control of the institution. The department [board] is
entitled to inspect the aircraft without notice for the purpose of
insuring that the aircraft are properly maintained.
(c) The department [board] may immediately reassume custody
and control of a transferred aircraft on a finding by the department
[board] that:
(1) the aircraft is not being properly maintained;
(2) the aircraft is being used for a purpose other than
flight training; or
(3) the institution has discontinued its flight
training program.
SECTION 10.16. Section 2205.047, Government Code, is
amended to read as follows:
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The
department [board] shall post information related to travel and
other services provided by the department under this chapter
[board] on an Internet site maintained by or for the department
[board]. The site must be generally accessible to state agencies,
persons who use the department's [board's] services, and, to the
extent appropriate, the general public.
SECTION 10.17. Sections 2205.003-2205.019, Government
Code, are repealed.
SECTION 10.18. On the effective date of this article:
(1) the State Aircraft Pooling Board is abolished. All
powers, duties, obligations, rights, contracts, bonds,
appropriations, records, and real or personal property, and
personnel of the State Aircraft Pooling Board are transferred to
the Texas Department of Transportation;
(2) a rule, policy, procedure, or decision of the
State Aircraft Pooling Board continues in effect as a rule, policy,
procedure, or decision of the Texas Department of Transportation
until superseded by an act of the Texas Department of
Transportation;
(3) a reference in law to the State Aircraft Pooling
Board means the Texas Department of Transportation; and
(4) the number of full-time equivalent positions
intended to be allocated to the State Aircraft Pooling Board by H.B.
No. 1, Acts of the 78th Legislature, Regular Session, 2003, is
reduced by 39 for fiscal years 2004 and 2005, and the number of
full-time equivalent positions allocated to the Texas Department of
Transportation is increased by 39 for fiscal years 2004 and 2005 for
the purpose of administering Chapter 2205, Government Code.
SECTION 10.19. (a) All money collected by the Texas
Department of Transportation under Chapter 2205, Government Code,
during the state fiscal biennium beginning September 1, 2003, is
appropriated to the Texas Department of Transportation for that
biennium for the purpose of administering Chapter 2205, Government
Code.
(b) The unexpended balance of the appropriation to the State
Aircraft Pooling Board for all or part of the state fiscal biennium
ending August 31, 2003, is appropriated to the Texas Department of
Transportation for the state fiscal biennium beginning September 1,
2003, for the purpose of administering Chapter 2205, Government
Code.
(c) For the purpose of administering Chapter 2205,
Government Code, the Texas Department of Transportation is
appropriated $3,741,068 from the state highway fund for fiscal year
2004 and $3,660,494 from the state highway fund for fiscal year
2005. It is the intent of the legislature that, to the extent
possible, the appropriations under this subsection shall be funded
from money collected under Chapter 2205, Government Code, and that
any expenditures not immediately offset by money collected under
Chapter 2205, Government Code, be repaid from money collected under
Chapter 2205, Government Code, in the future.
SECTION 10.20. Before March 1, 2004, the Texas Department
of Transportation shall file with the governor, the lieutenant
governor, the speaker of the house of representatives, and the
Legislative Budget Board a complete and detailed report on the
transfer of powers and duties from the State Aircraft Pooling Board
to the Texas Department of Transportation.
SECTION 10.21. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
this article to take effect on that date, this article takes effect
November 1, 2003.
ARTICLE 11. ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 11.01. Section 1702.002, Occupations Code, is
amended by adding Subdivisions (1-a) and (5-a) to read as follows:
(1-a) "Board" means the Texas Private Security Board.
(5-a) "Department" means the Department of Public
Safety of the State of Texas.
SECTION 11.02. Subchapter A, Chapter 1702, Occupations
Code, is amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board
created under Section 1702.021 is a part of the department. The
department shall administer this chapter through the board.
(b) A reference in this chapter or another law to the Texas
Commission on Private Security means the board.
SECTION 11.03. Subsection (a), Section 1702.021,
Occupations Code, as amended by S.B. No. 287, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) The Texas [Commission on] Private Security Board
consists of seven [eight] members appointed by the governor with
the advice and consent of the senate as follows:
(1) four public members, each of whom is a citizen of
the United States;
(2) one member who[:
[(A)] is licensed under this chapter as a private
investigator;
[(B) has been engaged as a private investigator
for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission;]
(3) one member who is licensed under this chapter as an
alarm systems company; and [who:
[(A) has been engaged as an alarm systems company
for at least the five years preceding appointment; and
[(B) is not employed by a person who employs
another member of the commission;]
(4) one member who[:
[(A)] is licensed under this chapter as the owner
or operator of a guard company[;
[(B) has been the owner or operator of the guard
company for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission; and
[(5) one member who:
[(A) holds a license, security officer
commission, or registration under this chapter;
[(B) has been engaged in activity regulated by
the commission under this chapter for at least the five years
preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission].
SECTION 11.04. Section 1702.025, Occupations Code, as
amended by S.B. 287, Acts of the 78th Legislature, Regular Session,
2003, and Section 1702.026, Occupations Code, are amended to read
as follows:
Sec. 1702.025. TERMS; VACANCIES. (a) The board [appointed
commission] members serve staggered six-year terms, with the terms
of two or three [appointed] members expiring on January 31 of each
odd-numbered year.
(b) If a vacancy occurs during the term of a board [an
appointed commission] member, the governor shall appoint a new
member to fill the unexpired term.
Sec. 1702.026. OFFICERS. (a) The governor shall designate
one board [commission] member as presiding officer to serve in that
capacity at the will of the governor. The governor shall designate
the presiding officer without regard to race, creed, color,
disability, sex, religion, age, or national origin.
(b) The board [commission, including the representative of
the director of the Texas Department of Public Safety if one is
designated,] shall elect from among its members an assistant
presiding officer and a secretary to serve two-year terms beginning
on September 1 of each odd-numbered year.
(c) The presiding officer of the board [commission] or, in
the absence of the presiding officer, the assistant presiding
officer shall preside at each board [commission] meeting and
perform the other duties prescribed by this chapter.
SECTION 11.05. Section 1702.022, Occupations Code, is
repealed.
SECTION 11.06. Not later than January 1, 2004, the governor
shall appoint the members of the Texas Private Security Board, as
required under Section 1702.021, Occupations Code, as amended by
this article. In appointing the initial members of the board under
this section, the governor shall appoint:
(1) two members for terms expiring January 31, 2005;
(2) two members for terms expiring January 31, 2007;
and
(3) three members for terms expiring January 31, 2009.
SECTION 11.07. (a) On January 1, 2004:
(1) all functions and activities performed by the
Texas Commission on Private Security immediately before that date
are transferred to the Texas Private Security Board of the
Department of Public Safety of the State of Texas;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board and remains in effect until amended or replaced by that board;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board;
(4) a complaint, investigation, or other proceeding
before the Texas Commission on Private Security is transferred
without change in status to the Texas Private Security Board, and
the Texas Private Security Board assumes, as appropriate and
without a change in status, the position of the Texas Commission on
Private Security in an action or proceeding to which the Texas
Commission on Private Security is a party;
(5) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Commission on
Private Security is transferred to the Texas Private Security
Board.
(b) Before January 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas to transfer any property of the Texas Commission on Private
Security to the Department of Public Safety of the State of Texas to
implement the transfer required by this article.
(c) During the period beginning on the effective date of
this article and ending on January 1, 2004, the Texas Commission on
Private Security shall continue to perform functions and activities
under Chapter 1702, Occupations Code, as if that chapter had not
been amended by this article, and the former law is continued in
effect for that purpose.
(d) Of the fees collected during the state fiscal biennium
beginning September 1, 2003, by the Texas Commission on Private
Security or the Texas Private Security Board of the Department of
Public Safety of the State of Texas under Chapter 1702, Occupations
Code, $1 million is appropriated to the Department of Public Safety
of the State of Texas for the Texas Commission on Private Security
and the Texas Private Security Board for the state fiscal biennium
beginning September 1, 2003, for the purpose of administering
Chapter 1702.
SECTION 11.08. This article takes effect November 1, 2003,
except that Subsection (d), Section 11.07, of this article takes
effect immediately if this Act receives a vote of two-thirds of all
the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, Subsection (d), Section 11.07,
of this article takes effect November 1, 2003.
ARTICLE 12. TEXAS INNOCENCE COMMISSION
SECTION 12.01. Chapter 43, Code of Criminal Procedure, is
amended by adding Article 43.27 to read as follows:
Art. 43.27. TEXAS INNOCENCE COMMISSION
Sec. 1. CREATION. The governor may create the Texas
Innocence Commission as provided by Sections 2-9 of this article.
Sec. 2. COMPOSITION. (a) The commission is composed of
nine members. The governor shall appoint two members, one of whom
must be a dean of a law school and one of whom must be a law
enforcement officer. The attorney general shall appoint a member
who must be an attorney who represents the state in the prosecution
of felonies. The chair of the criminal justice committee of the
senate shall appoint one member who may be a member of the
legislature. The chair of the criminal jurisprudence committee of
the house of representatives shall appoint one member who may be a
member of the legislature. The chief justice of the supreme court
shall appoint one member who must be a member of the judiciary. The
chancellor of The University of Texas System shall appoint two
members, one who must be a law professor and one who must work in the
forensic science field. The Texas Criminal Defense Lawyers
Association shall appoint one member who must be a criminal defense
lawyer.
(b) Each member serves a two-year term.
(c) The governor shall designate a member to serve as
presiding officer.
Sec. 3. POWERS AND DUTIES. (a) The commission may
administer oaths and issue subpoenas, signed by the presiding
officer, to compel the production of documents and other evidence
and the attendance of witnesses. A subpoena of the commission shall
be served by a peace officer in the manner in which district court
subpoenas are served. On application of the commission, a district
court of Travis County shall compel compliance with the subpoena in
the same manner as for district court subpoenas.
(b) The commission shall investigate thoroughly
post-conviction exonerations of the innocent, including any
convictions vacated by a court or nullified by an official pardon.
The commission may also investigate other selected cases that, in
the commission's discretion, are reasonably likely to have resulted
in wrongful conviction, including convictions vacated based on a
plea to time served. The commission shall conduct any
investigations it considers necessary to:
(1) ascertain errors and defects in the criminal
procedure used to prosecute the defendant's case at issue;
(2) identify errors and defects in the criminal
justice process in this state generally;
(3) develop solutions and methods to correct the
identified errors and defects; and
(4) identify procedures and programs to prevent future
wrongful convictions.
(c) The commission may enter into contracts for research
services as considered necessary to complete the investigation of a
particular case, including forensic testing.
Sec. 4. REPORT. (a) The commission shall compile a
detailed annual report of its findings and recommendations,
including any proposed legislation to implement procedures and
programs to prevent future wrongful convictions.
(b) The report shall be made available to the public on
request.
(c) The findings and recommendations contained in the
report may not be used as binding evidence in a subsequent civil or
criminal proceeding.
Sec. 5. SUBMISSION. The commission shall submit the report
described by Section 4 to the governor, the lieutenant governor,
and each member of the legislature not later than December 1 of each
even-numbered year.
Sec. 6. REIMBURSEMENT. A member of the commission is not
entitled to compensation but is entitled to reimbursement for the
member's travel expenses as provided by Chapter 660, Government
Code, and the General Appropriations Act.
Sec. 7. GIFTS AND GRANTS. The commission may accept gifts,
grants, and donations to fund the commission's investigations and
other activities under this article.
Sec. 8. ASSISTANCE. The Texas Legislative Council, the
Legislative Budget Board, the Criminal Justice Policy Council, and
The University of Texas System shall assist the commission in
performing the commission's duties.
Sec. 9. OTHER LAW. The commission is not subject to Chapter
2110, Government Code.
ARTICLE 13. REPORTS
SECTION 13.01. Subsection (a), Section 363.064, Health and
Safety Code, is amended to read as follows:
(a) A regional or local solid waste management plan must:
(1) include a description and an assessment of current
efforts in the geographic area covered by the plan to minimize
production of municipal solid waste, including sludge, and efforts
to reuse or recycle waste;
(2) identify additional opportunities for waste
minimization and waste reuse or recycling;
(3) include a description and assessment of existing
or proposed community programs for the collection of household
hazardous waste;
(4) make recommendations for encouraging and
achieving a greater degree of waste minimization and waste reuse or
recycling in the geographic area covered by the plan;
(5) encourage cooperative efforts between local
governments in the siting of landfills for the disposal of solid
waste;
(6) consider the need to transport waste between
municipalities, from a municipality to an area in the jurisdiction
of a county, or between counties, particularly if a technically
suitable site for a landfill does not exist in a particular area;
(7) allow a local government to justify the need for a
landfill in its jurisdiction to dispose of the solid waste
generated in the jurisdiction of another local government that does
not have a technically suitable site for a landfill in its
jurisdiction;
(8) establish recycling rate goals appropriate to the
area covered by the plan;
(9) recommend composting programs for yard waste and
related organic wastes that may include:
(A) creation and use of community composting
centers;
(B) adoption of the "Don't Bag It" program for
lawn clippings developed by the Texas Agricultural Extension
Service; and
(C) development and promotion of education
programs on home composting, community composting, and the
separation of yard waste for use as mulch;
(10) include an inventory of municipal solid waste
landfill units, including:
(A) landfill units no longer in operation;
(B) the exact boundaries of each former landfill
unit or, if the exact boundaries are not known, the best
approximation of each unit's boundaries;
(C) a map showing the approximate boundaries of
each former landfill unit, if the exact boundaries are not known;
(D) the current owners of the land on which the
former landfill units were located; and
(E) the current use of the land;
(11) assess the need for new waste disposal capacity;
and
(12) include a public education program[; and
[(13) include waste reduction in accordance with the
goal established under Section 361.0201(d), to the extent that
funds are available].
SECTION 13.02. The heading to Section 5.178, Water Code, is
amended to read as follows:
Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
[APPENDIXES].
SECTION 13.03. Subsection (b), Section 5.178, Water Code,
is amended to read as follows:
(b) The report due by December 1 of an even-numbered year
shall include, in addition:
(1) the commission's recommendations for necessary and
desirable legislation; and
(2) the following reports:
(A) the assessments and reports required by
Section [Sections] 361.0219(c)[, 361.0232, 361.510, 371.063, and
382.141], Health and Safety Code;
(B) the reports required by Section 26.0135(d)
[of this code] and Section 5.02, Chapter 133, Acts of the 69th
Legislature, Regular Session, 1985; and
(C) a summary of the analyses and assessments
required by Section 5.1773 [of this code].
SECTION 13.04. (a) Sections 361.020, 361.0201, 361.0232,
361.0233, 361.0234, 361.040(d), 361.0871(c), 361.510, 371.063,
382.141, Health and Safety Code, are repealed.
(b) Section 5.178(c), Water Code, is repealed.
ARTICLE 14. PERMITS OF THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
SECTION 14.01. (a) It is the policy of this state to be
effective and efficient with public funds, to provide for effective
and efficient management of natural resources, and to serve the
people of Texas by making the government more visible, accessible,
coherent, consistent, and accountable to the people of Texas. The
legislature finds that the Texas Commission on Environmental
Quality's procedures for processing permits is cumbersome,
confusing, lengthy, and inefficient for citizens, business,
political subdivisions, and the commission.
(b) The Texas Commission on Environmental Quality's
permitting processes warrant, and the legislature directs, an
in-depth evaluation, including the identification of problems,
potential options, and solutions. The evaluation must solicit and
consider input from all stakeholders, including public hearings and
the opportunity for submission of written and oral comments. The
solutions identified in the final assessment of the commission's
permitting processes must ensure that:
(1) all relevant environmental protection standards
are maintained at a level that at least equals the current level;
(2) the commission's permitting processes are
streamlined;
(3) the commission's permitting processes are
user-friendly to citizens and promote sound economic development;
and
(4) all stakeholder concerns are considered.
(c) A seven-member study committee shall conduct the
evaluation and final assessment required by Subsection (b) of this
section and submit its findings not later than November 1, 2004, to
the governor, the lieutenant governor, the speaker of the house of
representatives, the Texas Commission on Environmental Quality,
and the chair of the standing committee of each house of the
legislature with primary jurisdiction over environmental issues.
The study committee shall consist of:
(1) three appointees of the lieutenant governor;
(2) three appointees of the speaker of the house of
representatives; and
(3) one public member appointed by the governor.
(d) It is the intent of the legislature to effectuate the
appropriate solutions through legislation at the earliest
opportunity subsequent to receipt of the study committee's final
assessment.
ARTICLE 15. CONSIDERATIONS BY THE BOARD OF
PARDONS AND PAROLES REGARDING CLEMENCY MATTERS
SECTION 15.01. Subsection (b), Section 508.047, Government
Code, is amended to read as follows:
(b) Except as provided by Article 48.011, Code of Criminal
Procedure, and Section 551.124, the [The] members of the board are
not required to meet as a body to perform the members' duties in
clemency matters.
SECTION 15.02. Section 551.124, Government Code, is amended
to read as follows:
Sec. 551.124. BOARD OF PARDONS AND PAROLES. (a) At the
call of the presiding officer of the Board of Pardons and Paroles,
the board may hold a hearing on clemency matters by telephone
conference call.
(b) The board shall deliberate privately. At the conclusion
of deliberations, the presiding officer shall announce publicly
individual members' decisions as to whether to recommend clemency.
Each member shall sign the member's name with the member's written
recommendation and reasons for the recommendation.
(c) The board shall adopt rules to implement the
requirements of this section.
SECTION 15.03. Chapter 48, Code of Criminal Procedure, is
amended by adding Article 48.011 to read as follows:
Art. 48.011. MEETINGS: CAPITAL CASE. (a) In a capital
case, the members of the Board of Pardons and Paroles shall perform
the members' duties in clemency matters by meeting as a body and
holding a hearing open to the public or accessible to the public by
broadcast.
(b) The public hearing shall be conducted at the
correctional facility where the inmate is housed. The inmate shall
be allowed to be present at the hearing, absent overriding security
issues.
(c) The board must cause a record of the hearing to be kept.
(d) The board shall adopt rules as necessary to implement
the requirements of this article.
SECTION 15.04. (a) The change in law made by this article
applies only to a consideration by the Board of Pardons and Paroles
regarding a clemency matter in a capital case that occurs on or
after the effective date of this Act.
(b) The Board of Pardons and Paroles Policy Board shall
adopt the rules required by Article 48.011(d), Code of Criminal
Procedure, as added by this Act, and Section 551.124, Government
Code, as amended by this Act, not later than March 1, 2004.
ARTICLE 16. CERTAIN AGREEMENTS OF THE
TEXAS DEPARTMENT OF TRANSPORTATION
SECTION 16.01. Subchapter C, Chapter 201, Transportation
Code, is amended by adding Section 201.1055 to read as follows:
Sec. 201.1055. AGREEMENTS WITH PRIVATE ENTITIES.
Notwithstanding any other law, including Subchapter A, Chapter
2254, Government Code, Chapters 2165, 2166, and 2167, Government
Code, and Sections 202.052, 202.053, 203.051, 203.052, and 223.001
of this code, the department and a private entity that offers the
best value to the state may enter into an agreement that includes:
(1) both design and construction of one or more of the
department's district office headquarters facilities;
(2) a lease of department-owned real property to the
private entity;
(3) a provision authorizing the private entity to
construct and retain ownership of a building on property leased to
the entity under Subdivision (2);
(4) a provision under which the department agrees to
enter into an agreement to lease with an option or options to
purchase a building constructed on property leased to the entity
under Subdivision (2); and
(5) any other provision the department considers
advantageous to the state.
ARTICLE 17. ORGANIZATION OF CERTAIN STATE AGENCIES; TRANSFER OF
CERTAIN FUNCTIONS
PART 1. CREATION OF LEGISLATIVE INFORMATION SERVICES BOARD;
ABOLITION OF TEXAS LEGISLATIVE COUNCIL AND TRANSFER OF ITS
FUNCTIONS
SECTION 17.01. Subtitle C, Title 3, Government Code, is
amended by adding Chapter 327 to read as follows:
CHAPTER 327. LEGISLATIVE INFORMATION SERVICES BOARD
Sec. 327.001. DEFINITIONS. In this chapter:
(1) "Board" means the Legislative Information
Services Board.
(2) "Director" means the director of the board.
Sec. 327.002. CREATION. The Legislative Information
Services Board is an agency of the legislative branch of state
government.
Sec. 327.003. LEGISLATIVE INFORMATION SERVICES BOARD.
(a) The board consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chairs of the senate and house administration
committees;
(4) five other senators from various areas of the
state appointed by the lieutenant governor; and
(5) five other members of the house of representatives
from various areas of the state appointed by the speaker.
(b) The lieutenant governor and the speaker of the house of
representatives serve alternate terms as the chairman and vice
chairman of the board. The terms are for two years and expire on
February 1 of each odd-numbered year.
(c) Members of the board serve without compensation but are
entitled to reimbursement for actual and necessary expenses
incurred in attending meetings and performing official functions.
(d) Actual and necessary expenses are paid from funds
appropriated to the board.
Sec. 327.004. DIRECTOR. (a) The board shall appoint a
director to serve at the pleasure of the board.
(b) The board shall set the salary of the director.
Sec. 327.005. PERSONNEL. (a) The director, with the
approval of the board, may employ professional and clerical
personnel.
(b) The board shall set the salaries of the personnel
employed by the director.
Sec. 327.006. GIFTS AND GRANTS. (a) The board may accept
gifts, grants, and donations from any organization described in
Section 501(c)(3), Internal Revenue Code of 1986, for the purposes
of funding any activity under this chapter.
(b) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the voting members of the board and
reported in the public record of the board with the name of the
donor and purpose of the gift, grant, or donation.
Sec. 327.007. DUTIES. The board shall provide computer
support services to the legislative branch of state government,
including:
(1) installing and maintaining computer equipment;
(2) testing new software and hardware;
(3) developing custom software;
(4) maintaining a local area network; and
(5) providing computer training and assistance.
Sec. 327.008. ELECTRONIC AVAILABILITY OF LEGISLATIVE
INFORMATION THROUGH THE INTERNET. (a) In this section:
(1) "Internet" means the largest nonproprietary
nonprofit cooperative public computer network, popularly known as
the Internet.
(2) "Legislative information" means:
(A) a list of all the members of each house of the
legislature;
(B) a list of the committees of the legislature
and their members;
(C) the full text of each bill as filed and as
subsequently amended, substituted, engrossed, or enrolled in
either house of the legislature;
(D) the full text of each amendment or substitute
adopted by a legislative committee for each bill filed in either
house of the legislature;
(E) the calendar of each house of the
legislature, the schedule of legislative committee hearings, and a
list of the matters pending on the floor of each house of the
legislature;
(F) detailed procedural information about how a
bill filed in either house of the legislature becomes law,
including detailed timetable information concerning the times
under the constitution or the rules of either house when the
legislature may take certain actions on a bill;
(G) the district boundaries or other identifying
information for the following types of districts in Texas:
(i) house of representatives districts;
(ii) senate districts;
(iii) State Board of Education districts;
and
(iv) United States congressional
districts; and
(H) other information related to the legislative
process that in the board's opinion should be made available
through the Internet.
(b) The board, to the extent it considers it to be feasible
and appropriate, may make legislative information available to the
public through the Internet.
(c) The board may make available to the public through the
Internet any documentation that describes the electronic digital
formats of legislative information.
(d) The access to legislative information provided for
under this section:
(1) is in addition to the public's access to the
information through other electronic or print distribution of the
information;
(2) does not alter, diminish, or relinquish any
copyright or other proprietary interest or entitlement of the State
of Texas or a private entity under contract with the state; and
(3) is subject to Section 327.009.
Sec. 327.009. COMPUTER ACCESS, INFORMATION, AND USE.
(a) The board shall consider each application for direct access to
a computer under its control in which confidential information is
stored or processed or that is connected with another computer in
which confidential information is stored or processed and solely
shall determine whether or not to permit direct access by the
applicant. Direct access to such a computer may not be permitted
unless protection of confidential information is ensured.
(b) If public information of the board is stored in a
computer-readable form, the board has exclusive authority to
determine the form in which the information will be reproduced for
the requestor of the information.
(c) Notwithstanding Subchapter F, Chapter 552, the board
has exclusive authority to determine the charge for direct access
to a computer under its control and the charge for information
reproduced for a requestor.
(d) The board may consider the needs of persons with
disabilities when making decisions regarding the formats in which
information is made available under this chapter.
Sec. 327.010. COMPUTER SECURITY; PENALTY. (a) A person
commits an offense if the person intentionally or knowingly gains
access to information stored or maintained by a computer under the
control of the board and the person is not authorized by the board
to have access to that information.
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly damages, destroys, deletes, or alters or
impairs access to or use of information stored or maintained by a
computer under the control of the board and the person is not
authorized by the board to do so.
(c) Subsection (b) does not apply to an interruption of
utility service or other service that causes the damage,
destruction, deletion, or alteration of or impairment of access to
or use of the information unless the interruption was intended to
have that result.
(d) An offense under this section is a Class A misdemeanor.
SECTION 17.02. The following laws are repealed:
(1) Section 276.008, Election Code;
(2) Chapter 323, Government Code;
(3) Section 2053.004, Government Code; and
(4) Section 6.14, Tax Code.
PART 2. TRANSFER OF FINANCIAL AUDIT FUNCTIONS FROM STATE AUDITOR
TO LEGISLATIVE BUDGET BOARD
SECTION 17.03. Chapter 322, Government Code, is amended by
adding Section 322.002 to read as follows:
Sec. 322.002. DEFINITIONS. In this chapter:
(1) "Board" means the Legislative Budget Board.
(2) "Department" includes every department, agency,
board, bureau, institution, or commission of the state.
SECTION 17.04. Chapter 322, Government Code, is amended by
adding Sections 322.0155 through 322.026 to read as follows:
Sec. 322.0155. FINANCIAL AND COMPLIANCE AUDITS: POWERS AND
DUTIES. (a) The board shall conduct financial audits of all
departments, including institutions of higher education, as
specified in the audit plan required under Subsection (c). The
board may conduct an audit or investigation of any entity receiving
funds from the state.
(b) The board shall conduct the audits in accordance with
generally accepted auditing standards as prescribed by the American
Institute of Certified Public Accountants, the Governmental
Accounting Standards Board, the United States General Accounting
Office, or other professionally recognized entities that prescribe
auditing standards.
(c) The board shall devise an audit plan for the state for
each fiscal year. In the plan, the board shall consider
recommendations concerning coordination of agency functions made
by representatives of the Performance Review Commission. The board
shall also consider the extent to which a department has received a
significant increase in appropriations, including a significant
increase in federal or other money passed through to the
department, and shall review procurement activities for compliance
with Section 2161.123. The plan shall provide for the auditing of
federal programs at least once in each fiscal biennium and shall
ensure that audit requirements of all bond covenants and other
credit or financial agreements are satisfied.
(d) At any time during an audit or investigation, the board
may require the assistance of the administrative head, official,
auditor, accountant, or other employees of the entity being audited
or investigated.
(e) The board is entitled to access to all of the books,
accounts, confidential or unconfidential reports, vouchers, or
other records of information in any department or entity subject to
audit, including access to all electronic data.
(f) The board has access to information and data the release
of which is restricted under federal law only with the approval of
the appropriate federal administrative agency. The board shall
have access to copyrighted or restricted information obtained by
the office of the comptroller under subscription agreements and
used in the preparation of economic estimates only for audit
purposes.
(g) The board may conduct compliance and financial audits as
defined by Sections 322.016 and 322.017 and specified in the audit
plan.
(h) To the extent that the performance of the powers and
duties of the board under law is not impeded, the board shall make
reasonable efforts to coordinate requests for employee assistance
under Subsection (d) or requests for access to books, accounts,
vouchers, records, or data under Subsection (e) or (f) so as not to
hinder the daily operations of the audited entity.
(i) The board may not conduct audits of private entities
concerning collection or remittance of taxes or fees to the state if
the entity is subject to audit by another state agency for the taxes
or fees.
(j) If the board determines that a change in an accounting
system is necessary, the board shall consider the present system of
books, records, accounts, and reports to ensure that the transition
will be gradual and that the past and present records will be
coordinated into the new system.
Sec. 322.016. COMPLIANCE AUDIT. A compliance audit is an
audit to determine:
(1) whether the audited entity has obligated,
expended, received, and used state funds in accordance with the
purpose for which those funds have been appropriated or otherwise
authorized by law;
(2) whether the audited entity has obligated,
expended, received, and used state funds in accordance with any
limitations, restrictions, conditions, or mandatory directions
imposed by law on those obligations, expenditures, receipts, or
uses;
(3) in the case of a local or private entity or agency,
whether the records, books, and accounts of the audited entity
fairly and accurately reflect the entity's financial and fiscal
operations relating to the obligation, receipt, expenditure, and
use of state funds or funds represented as being collected for a
state purpose;
(4) whether the collections of state revenues and
receipts by the audited entity are in accordance with applicable
laws and regulations; and
(5) whether money or negotiable securities or similar
assets handled by the audited entity on behalf of the state or
received from the state and held in trust by the audited entity have
been properly and legally administered.
Sec. 322.017. FINANCIAL AUDIT. A financial audit is an
audit to determine:
(1) in the case of the state or a department, whether
the records, books, and accounts of the audited entity accurately
reflect its financial and fiscal operations;
(2) whether the audited entity is maintaining
effective accounting control over revenues, obligations,
expenditures, assets, and liabilities;
(3) whether the accounting and record-keeping of
collections of state revenues and receipts by the audited entity
are fair, accurate, and in accordance with law;
(4) whether the accounting and record-keeping of money
or negotiable securities or similar assets handled by the audited
entity on behalf of the state or received from the state and held in
trust by the audited entity are proper, accurate, and in accordance
with law; and
(5) whether financial reports of the audited entity
are fairly presented.
Sec. 322.018. FINANCIAL AND COMPLIANCE AUDIT REPORTS.
(a) The board shall prepare a written report for each financial or
compliance audit conducted by the board.
(b) The written report must include a management letter with
comments about internal controls, compliance with state or federal
laws, and recommendations for improving operations or program
effectiveness, as applicable. The report must also include an
opinion on fair presentation of financial statements if the board
considers an opinion to be necessary.
(c) The board shall file a copy of each report prepared
under this section with:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the secretary of state;
(5) the Legislative Reference Library;
(6) each member of the governing body and the
administrative head of each entity that is the subject of the
report; and
(7) members of the legislature on a committee with
oversight responsibility for the entity or program that is the
subject of the report.
(d) The board shall maintain a complete file containing:
(1) copies of each audit report; and
(2) audit work papers and other evidence relating to
the work of the board.
(e) The board shall maintain the files required by
Subsection (d) for at least eight years after the date on which the
information is filed.
(f) Each audited department or entity shall report on the
manner in which the department or entity addressed the findings and
recommendations that are included in a report prepared by the board
under this section. The board shall prescribe the form and schedule
for a report by the department or entity under this subsection.
(g) If a department or entity does not implement a change
recommended by the board's report, the department or entity shall
file a report with the persons specified by Subsection (c). The
report must:
(1) identify the recommendation the department or
entity did not implement; and
(2) state the reason the department or entity did not
implement the recommendation.
Sec. 322.019. IMPROPER PRACTICES AND ILLEGAL TRANSACTIONS.
(a) If in the course of an audit the board finds evidence of
improper practices of financial administration, inadequate fiscal
records, or uneconomical use of resources, the board, after
consulting with the head of the department being audited, shall
immediately report the evidence to the governor and to the
administrative head and the chairman of the governing body of the
affected department.
(b) If in the course of an audit the board finds evidence of
an illegal transaction, the board, after consulting with the head
of the department, shall immediately report the transaction to the
governor and the appropriate legal authority.
(c) Immediately after receiving a report alleging improper
practices of financial administration or uneconomical use of
resources, the board shall review the report and shall consult with
and may hold hearings with the administrative head and the chairman
of the governing body of the affected department regarding the
report.
(d) If the administrative head or the governing body of the
affected department refuses to make the changes recommended by the
board at a hearing under Subsection (c) or refuses to provide any
additional information or reports requested, the board shall report
the refusal to the legislature.
Sec. 322.020. REVIEW AND OVERSIGHT OF FUNDS AND ACCOUNTS
RECEIVING COURT COSTS. (a) The board may review each fund and
account into which money collected as a court cost is directed by
law to be deposited to determine whether:
(1) the money is being used for the purpose for which
the money is collected; and
(2) the amount of the court cost is appropriate,
considering the purpose for which the cost is collected.
(b) The board may perform reviews under this section as
specified in the audit plan developed under Section 322.0155.
(c) The board shall make the findings of a review performed
under this section available to the public and shall report the
findings to the governor, the chief justice of the supreme court,
and the presiding judge of the court of criminal appeals. The
report may include the board's recommendations for legislation or
policy changes.
Sec. 322.021. SUBPOENAS. (a) The board may subpoena
witnesses or any books, records, or other documents reasonably
necessary to conduct an examination under this chapter.
(b) Each subpoena must be signed by the chairman or the
secretary of the board.
(c) On the request of the chairman or the secretary of the
board, the sergeant at arms or an assistant sergeant at arms of
either house of the legislature or any peace officer shall serve the
subpoena in the manner prescribed for service of a district court
subpoena.
(d) If the person to whom a subpoena is directed fails to
comply, the board may bring suit in district court to enforce the
subpoena. If the court determines that good cause exists for the
issuance of the subpoena, the court shall order compliance. The
court may modify the requirements of a subpoena that the court
determines are unreasonable. Failure to comply with the order of
the district court is punishable as contempt.
(e) The board may provide for the compensation of subpoenaed
witnesses. The amount of compensation may not exceed the amount
paid to a witness subpoenaed by a district court in a civil
proceeding.
Sec. 322.022. INTERFERENCE WITH AUDIT OR INVESTIGATION.
(a) An officer or employee of this state or of an entity subject to
audit or investigation by the board commits an offense if the
officer or employee:
(1) refuses to immediately permit the board to examine
or have access to the books, accounts, reports, vouchers, papers,
documents, or electronic data to which the board is entitled under
Section 322.0155(e) or (f) or other law, or access to the cash
drawer or cash from the officer's or employee's department;
(2) interferes with an examination by the board; or
(3) refuses to make a report required by this chapter.
(b) An offense under this section is a Class A misdemeanor.
Sec. 322.023. COORDINATION OF CERTAIN AUDITS.
(a) Notwithstanding any other law, a state agency, or a
corporation that is dedicated to the benefit of a state agency and
that meets the criteria specified by Section B, Article 2.23B,
Texas Non-Profit Corporation Act (Article 1396-2.23B, Vernon's
Texas Civil Statutes), may employ a private auditor to audit the
state agency or corporation only if:
(1) the agency or corporation is authorized to do so by
law or through a delegation of authority from the board;
(2) the scope of the proposed audit has been submitted
to the board for review and comment; and
(3) the services of the private auditor are procured
through a competitive selection process in a manner allowed by law.
(b) At the joint direction of the lieutenant governor and
the speaker of the house of representatives, the board shall
provide contract management services to the agency or corporation
for an audit described by this section.
Sec. 322.024. GIFTS AND GRANTS. (a) The board may accept
gifts, grants, and donations from any organization described in
Section 501(c)(3), Internal Revenue Code of 1986, for the purpose
of funding any activity under this chapter.
(b) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the voting members of the board and
reported in the public record of the committee with the name of the
donor and purpose of the gift, grant, or donation.
Sec. 322.025. COORDINATION OF INVESTIGATIONS. (a) If the
administrative head of a department or entity that is subject to
audit by the board has reasonable cause to believe that money
received from the state by the department or entity or by a client
or contractor of the department or entity may have been lost,
misappropriated, or misused or that other fraudulent or unlawful
conduct has occurred in relation to the operation of the department
or entity, the administrative head shall report the reason and
basis for the belief to the board. The board may investigate the
report or may monitor any investigation conducted by the department
or entity.
(b) The board, in consultation with state agencies and
institutions, shall prescribe the form, content, and timing of a
report required by this section.
(c) All records of a communication by or to the board
relating to a report to the board under Subsection (a) are audit
working papers of the board.
(d) In this section, "audit working papers" means all
documentary and other information prepared or maintained in
conducting an audit or investigation, including all intra-agency
and interagency communications relating to an audit or
investigation and all draft reports or portions thereof.
Sec. 322.026. SEAL. The board shall obtain a seal with
"Legislative Budget Board, State of Texas" engraved around the
margin and a five-pointed star in the center to be used to
authenticate official documents issued by the board.
SECTION 17.05. Chapter 321, Government Code, is repealed.
PART 3. CREATION OF PERFORMANCE REVIEW COMMISSION; ABOLITION OF
SUNSET ADVISORY COMMISSION AND TRANSFER OF FUNCTIONS TO PERFORMANCE
REVIEW COMMISSION
SECTION 17.06. Section 325.002, Government Code, is amended
to read as follows:
Sec. 325.002. DEFINITIONS. In this chapter:
(1) ["State agency" means an agency expressly made
subject to this chapter.
[(2)] "Advisory committee" means a committee,
council, commission, or other entity created under state law whose
primary function is to advise a state agency.
(2) [(3)] "Commission" means the Performance Review
[Sunset Advisory] Commission.
(3) "Department" includes every department, agency,
board, bureau, institution, or commission of the state.
(4) "State agency" means an agency expressly made
subject to this chapter.
SECTION 17.07. Section 325.003, Government Code, is amended
by amending the section heading and Subsections (a), (d), and (i) to
read as follows:
Sec. 325.003. PERFORMANCE REVIEW [SUNSET ADVISORY]
COMMISSION.
(a) The Performance Review [Sunset Advisory] Commission
consists of the lieutenant governor and three other [four] members
of the senate and one public member appointed by the lieutenant
governor and the speaker of the house of representatives and three
other [four] members of the house of representatives and one public
member appointed by the speaker of the house. [Each appointing
authority may designate himself as one of the legislative
appointees.]
(d) Legislative members other than the lieutenant governor
and the speaker of the house of representatives serve four-year
terms, with terms staggered so that the terms of one-half of the
legislative members appointed by the lieutenant governor and the
terms of one-half of the legislative members appointed by the
speaker expire September 1 of each odd-numbered year. The [If the]
lieutenant governor and [or] the speaker shall serve [serves] on
the commission[, he continues to serve] until resignation from the
commission or until the lieutenant governor or speaker [he] ceases
to hold the office. Public members serve two-year terms expiring
September 1 of each odd-numbered year.
(i) The speaker of the house of representatives is the
chairman of the commission [shall have a chairman and vice-chairman
as presiding officers. The chairmanship and vice-chairmanship must
alternate every two years between the two membership groups
appointed by the lieutenant governor and the speaker. The chairman
and vice-chairman may not be from the same membership group. The
lieutenant governor shall designate a presiding officer from his
appointed membership group and the speaker shall designate the
other presiding officer from his appointed membership group].
SECTION 17.08. Subsection (a), Section 325.008, Government
Code, is amended to read as follows:
(a) Before September 1 of the even-numbered year before the
year in which a state agency subject to this chapter and its
advisory committees are abolished, the commission shall:
(1) review and take action necessary to verify the
reports submitted by the agency under Section 325.007;
(2) consult the Legislative Budget Board, the
Governor's Budget and Planning Office, [the State Auditor,] and the
comptroller of public accounts, or their successors, on the
application to the agency of the criteria provided in Section
325.011;
(3) conduct a performance evaluation of the agency
based on the criteria provided in Section 325.011 and prepare a
written report; and
(4) review the implementation of commission
recommendations contained in the reports presented to the
legislature during the preceding legislative session.
SECTION 17.09. Chapter 325, Government Code, is amended by
adding Sections 325.0081 through 325.0086 to read as follows:
Sec. 325.0081. OTHER POWERS AND DUTIES. (a) The
commission shall conduct performance audits of all departments,
including institutions of higher education, as specified in the
audit plan developed under Subsection (c).
(b) The commission shall conduct the audits in accordance
with generally accepted auditing standards as prescribed by the
American Institute of Certified Public Accountants, the
Governmental Accounting Standards Board, the United States General
Accounting Office, or other professionally recognized entities
that prescribe auditing standards.
(c) The commission shall develop and approve an audit plan
for the state for each fiscal year. In devising the plan, the
commission shall consider recommendations concerning coordination
of agency functions made jointly by representatives of the
commission and the Legislative Budget Board.
(d) At any time during an audit the commission may require
the assistance of the administrative head, official, auditor,
accountant, or other employees of the entity being audited.
(e) The commission is entitled to access to all of the
books, accounts, confidential or unconfidential reports, vouchers,
or other records of information in any department or entity subject
to audit, including access to all electronic data except as
provided by Subsection (f).
(f) The commission has access to information and data the
release of which is restricted under federal law only with the
approval of the appropriate federal administrative agency. The
commission shall have access to copyrighted or restricted
information obtained by the comptroller under subscription
agreements and used in the preparation of economic estimates only
for audit purposes.
(g) The commission may conduct economy and efficiency
audits and effectiveness audits as defined by this chapter and
specified in the audit plan.
(h) To the extent that the performance of the powers and
duties of the commission under law is not impeded, the commission
shall make reasonable efforts to coordinate requests for employee
assistance under Subsection (d) or requests for access to books,
accounts, vouchers, records, or data under Subsection (e) or (f) so
as not to hinder the daily operations of the audited entity.
Sec. 325.0082. ECONOMY AND EFFICIENCY AUDIT. An economy
and efficiency audit is an audit to determine:
(1) whether the audited entity is managing or
utilizing its resources, including personnel, property, equipment,
and space, in an economical and efficient manner;
(2) causes of inefficiencies or uneconomical
practices, including inadequacies in management information
systems, internal and administrative procedures, organizational
structure, use of resources, allocation of personnel, purchasing,
policies, and equipment; and
(3) whether program and statistical reports of the
audited entity contain useful data and are fairly presented.
Sec. 325.0083. EFFECTIVENESS AUDIT. An effectiveness audit
is an audit to determine, according to established or designated
program objectives, responsibilities or duties, statutes and
regulations, program performance criteria, or program evaluation
standards:
(1) whether the objectives and intended benefits are
being achieved efficiently and effectively; and
(2) whether the program duplicates, overlaps, or
conflicts with another state program.
Sec. 325.0084. IMPROPER PRACTICES AND ILLEGAL
TRANSACTIONS. (a) If in the course of an audit the commission
finds evidence of uneconomical use of resources or ineffective
program performance, the commission, after consulting with the head
of the department, shall immediately report the evidence to the
governor and the administrative head and the chairman of the
governing body of the affected department.
(b) If in the course of an audit the commission finds
evidence of an illegal transaction, the commission, after
consulting with the head of the department, shall immediately
report the transaction to the governor and the appropriate legal
authority.
(c) The commission shall review a report alleging
uneconomical use of resources or ineffective program performance
immediately. The commission shall consult with and may hold
hearings with the administrative head and the chairman of the
governing body of the affected department regarding the report.
(d) If the administrative head or the governing body of the
affected department refuses to make the changes recommended by the
commission at the hearing or provide any additional information or
reports requested, the commission shall report the refusal to the
legislature.
Sec. 325.0085. REVIEW OF INTERSCHOLASTIC COMPETITION. The
commission may periodically review and analyze the effectiveness
and efficiency of the policies, management, fiscal affairs, and
operations of an organization that is a component or part of a state
agency or institution and that sanctions or conducts
interscholastic competition. The commission shall report the
findings to the governor, lieutenant governor, and speaker of the
house of representatives. The legislature may consider the
commission's reports in connection with the legislative
appropriations process.
Sec. 325.0086. RECORDS MANAGEMENT REVIEW. (a) The
commission may periodically review and analyze the effectiveness
and efficiency of the policies and management of a state
governmental committee or state agency that is involved in:
(1) analyzing and recommending improvements to the
state's system of records management; and
(2) preserving the essential records of this state,
including records relating to financial management information.
(b) In this section, "state agency" has the meaning assigned
by Section 2056.001.
PART 4. CREATION OF LEGISLATIVE POLICY COUNCIL
SECTION 17.10. Subtitle C, Title 3, Government Code, is
amended by adding Chapter 331 to read as follows:
CHAPTER 331. LEGISLATIVE POLICY COUNCIL
Sec. 331.001. LEGISLATIVE POLICY COUNCIL. The Legislative
Policy Council is an agency in the legislative branch of state
government.
Sec. 331.002. MEMBERSHIP. (a) The council is composed of
the lieutenant governor, four members of the senate appointed by
the lieutenant governor, the speaker of the house of
representatives, and four members of the house of representatives
appointed by the speaker.
(b) The lieutenant governor is the chairman of the council
and the speaker is the vice chairman.
Sec. 331.003. QUORUM; MEETINGS. (a) A majority of the
members of the council from each house constitutes a quorum to
transact business.
(b) The council shall meet at the call of the chairman or on
written petition of a majority of the members of the council from
each house.
(c) The council shall meet in Austin, except that if a
majority of the members of the council from each house agree, the
council may meet in any location determined by the council.
(d) Each member of the legislature is entitled to attend and
present the member's views in any meeting of the council. A
legislator who is not a member of the council may not vote.
Sec. 331.004. EXECUTIVE DIRECTOR; PERSONNEL. (a) The
council may employ an executive director.
(b) The executive director, with the approval of the
council, may employ necessary personnel.
Sec. 331.005. COUNCIL EXPENDITURES; SALARIES. (a) The
amount of allowable expenditures for the council is determined by
legislative appropriation.
(b) The council shall determine the salaries of its
employees.
Sec. 331.006. GIFTS AND GRANTS. (a) The council may accept
gifts, grants, and donations from any organization described in
Section 501(c)(3), Internal Revenue Code of 1986, as amended, for
the purpose of funding any activity under this chapter.
(b) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the voting members of the council and
reported in the minutes of the council meeting with the name of the
donor and purpose of the gift, grant, or donation.
Sec. 331.007. DUTIES. The council staff shall perform
policy analysis and related empirical analysis and research at the
direction of the council regarding issues and matters identified by
the council that may affect state revenue or appropriations or that
may be the subject of legislation or proposed amendments to the
Texas Constitution.
Sec. 331.008. AGENCY COOPERATION. Each state agency in any
branch of state government shall cooperate with the council in
providing the council with the information the council requires to
perform its duties.
PART 5. CONFORMING AMENDMENTS
SECTION 17.11. Subsection (a), Section 81.113, Government
Code, is amended to read as follows:
(a) Except as provided by Subsection (b), the state bar
shall credit an attorney licensed in this state with meeting the
minimum continuing legal education requirements of the state bar
for a reporting year if during the reporting year the attorney is
employed full-time as an attorney by:
(1) the senate;
(2) the house of representatives;
(3) a committee, division, department, or office of
the senate or house;
(4) [the Texas Legislative Council;
[(5)] the Legislative Budget Board;
(5) [(6)] the Legislative Reference Library;
[(7) the office of the state auditor;] or
(6) [(8)] the Performance Review [Sunset Advisory]
Commission.
SECTION 17.12. Subsection (a), Section 301.021, Government
Code, is amended to read as follows:
(a) If for any reason it is necessary to obtain assistance
in addition to the services provided by the Legislative Budget
Board [State Auditor], attorney general, [Texas Legislative
Council,] or Department of Public Safety, each general
investigating committee may employ and compensate assistants to
assist in any investigation, audit, or legal matter.
SECTION 17.13. Subsection (a), Section 301.028, Government
Code, is amended to read as follows:
(a) Each standing committee, including a general
investigating committee, may request necessary assistance from all
state agencies, departments, and offices, including:
(1) the Legislative Budget Board [State Auditor];
(2) [the Texas Legislative Council;
[(3)] the Department of Public Safety; and
(3) [(4)] the attorney general.
SECTION 17.14. Subsections (a) and (d), Section 301.041,
Government Code, are amended to read as follows:
(a) A duly appointed senator's or representative's
membership on the Legislative Budget Board, Legislative Library
Board, [Legislative Audit Committee, Texas] Legislative
Information Services Board [Council], or any other interim
committee terminates if the member:
(1) resigns the membership;
(2) ceases membership in the legislature for any
reason; or
(3) fails to be nominated or elected to the
legislature for the next term.
(d) In filling a vacancy created under this section, the
lieutenant governor or the speaker may appoint a senator or
representative, as appropriate, other than a committee chairman
designated by law to serve as a member of the Legislative Budget
Board, Legislative Library Board, [Legislative Audit Committee,
Texas] Legislative Information Services Board [Council], or any
other interim committee. An appointment made under this subsection
does not constitute an appointment to any position other than that
of a member of a board[, council,] or committee covered by this
section.
SECTION 17.15. Section 302.032, Government Code, is amended
to read as follows:
Sec. 302.032. LEGISLATIVE BRIBERY: PROMISES OR THREATS. A
person commits an offense if, with the intent to influence a member
of or candidate for the house of representatives in casting a vote
for speaker of the house of representatives, the person:
(1) promises or agrees to cause:
(A) the appointment of a person to a chairmanship
or vice-chairmanship of a house committee or subcommittee;
(B) the appointment of a person to a particular
house committee or subcommittee, the Legislative Budget Board, the
[Texas] Legislative Information Services Board [Council], the
Legislative Library Board, [the Legislative Audit Committee,] or
any other position the speaker appoints;
(C) preferential treatment on any legislation or
appropriation;
(D) the employment of a person; or
(E) economic benefit to a person; or
(2) threatens to cause:
(A) the failure to appoint a person to a
chairmanship or vice-chairmanship of a house committee or
subcommittee;
(B) the failure to appoint a person to a
particular house committee or subcommittee, the Legislative Budget
Board, the [Texas] Legislative Information Services Board
[Council], the Legislative Library Board, [the Legislative Audit
Committee,] or any other position the speaker appoints;
(C) unfavorable treatment on any legislation or
appropriation;
(D) the refusal of or removal from employment of
a person; or
(E) the withholding of economic benefit from a
person.
SECTION 17.16. Section 302.033, Government Code, is amended
to read as follows:
Sec. 302.033. LEGISLATIVE BRIBERY: ACCEPTING BENEFITS. A
member of or candidate for the house of representatives commits an
offense if, on the representation or understanding that the member
or candidate will cast a vote for a particular person for speaker of
the house of representatives, the member or candidate solicits,
accepts, or agrees to accept:
(1) the appointment of or refusal to appoint a person
to a chairmanship or vice-chairmanship of a house committee or
subcommittee;
(2) the appointment of or refusal to appoint a person
to a particular house committee or subcommittee, the Legislative
Budget Board, the [Texas] Legislative Information Services Board
[Council], the Legislative Library Board, [the Legislative Audit
Committee,] or any other position the speaker appoints;
(3) preferential or unfavorable treatment on any
legislation or appropriation;
(4) the employment of, refusal of employment of, or
removal from employment of a person; or
(5) economic benefit to or withholding of economic
benefit from a person.
SECTION 17.17. Section 306.007, Government Code, is amended
to read as follows:
Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE
TO LEGISLATURE. A state officer or board, commission, or other
agency in the executive branch of state government, and an agency in
the judicial branch of state government other than a court, shall
make reports required by law and minutes of meetings of the agency's
governing body available to members of the legislature and to
agencies in the legislative branch of state government in an
electronic format determined by the [Texas] Legislative
Information Services Board [Council].
SECTION 17.18. Section 326.001, Government Code, is amended
to read as follows:
Sec. 326.001. DEFINITION. In this chapter, "legislative
agency" means:
(1) the senate;
(2) the house of representatives;
(3) a committee, division, department, or office of
the senate or house;
(4) the [Texas] Legislative Information Services
Board [Council];
(5) the Legislative Budget Board;
(6) the Legislative Reference Library; or
(7) [the office of the State Auditor; or
[(8)] any other agency in the legislative branch of
state government.
SECTION 17.19. Subsections (a) and (b), Section 326.003,
Government Code, are amended to read as follows:
(a) The [State Auditor's Office,] Legislative Budget
Board[,] and the Performance Review [Sunset Advisory] Commission
shall form a committee to make recommendations relating to the
coordination of the agencies' functions.
(b) The committee shall meet on a regular basis at least
quarterly. The director of the Legislative Budget Board [State
Auditor] shall call each meeting.
SECTION 17.20. Subsection (b), Section 468.003, Government
Code, is amended to read as follows:
(b) The [Texas] Legislative Information Services Board
[Council] shall provide office space and other support in Austin
necessary for the state demographer to perform the demographer's
duties for the legislature.
SECTION 17.21. Subsection (d), Section 531.203, Government
Code, is amended to read as follows:
(d) The committee may use staff of standing committees in
the senate and house of representatives with appropriate
jurisdiction, the Department of Information Resources, [the state
auditor, the Texas Legislative Council,] and the Legislative Budget
Board in carrying out its responsibilities.
SECTION 17.22. Subdivision (11), Section 572.002,
Government Code, is amended to read as follows:
(11) "State employee" means an individual, other than
a state officer, who is employed by:
(A) a state agency;
(B) the Supreme Court of Texas, the Court of
Criminal Appeals of Texas, a court of appeals, or the Texas Judicial
Council; or
(C) either house of the legislature or a
legislative agency, council, or committee, including the
Legislative Budget Board, the [Texas] Legislative Information
Services Board [Council], [the State Auditor's Office,] and the
Legislative Reference Library.
SECTION 17.23. Subsection (a), Section 660.203, Government
Code, is amended to read as follows:
(a) An individual is entitled to reimbursement for the
actual expense of meals and lodging incurred while performing the
duties of the individual's office or employment if the individual
is:
(1) a judicial officer;
(2) a chief administrative officer of a state agency,
subject to Subsection (c);
(3) [the executive director of the Texas Legislative
Council;
[(4)] the secretary of the senate;
(4) [(5)] a member of the Texas Natural Resource
Conservation Commission, the Texas Workforce Commission, the
Public Utility Commission of Texas, the Board of Pardons and
Paroles, or the Sabine River Compact Administration; or
(5) [(6)] a full-time member of a board and receives a
salary from the state for service on that board.
SECTION 17.24. Section 660.206, Government Code, is amended
to read as follows:
Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND
EMPLOYEES. (a) A state employee who is designated by a member of
the legislature, a judicial officer, a chief administrator of a
state agency, [the executive director of the Texas Legislative
Council,] the secretary of the senate, or a board member to
represent the designating party at a particular meeting or
conference is entitled to reimbursement for the actual expense of
meals and lodging on the trip.
(b) A member of the legislature, a judicial officer, a chief
administrator of a state agency, [the executive director of the
Texas Legislative Council,] the secretary of the senate, and a
board member may authorize a state employee traveling with the
authorizing party to a particular meeting or conference to receive
reimbursement for the actual expense of the employee's meals and
lodging on the trip.
SECTION 17.25. Subsection (a), Section 762.003, Government
Code, is amended to read as follows:
(a) The commission is composed of:
(1) nine members appointed by the governor; and
(2) [the executive director of the Texas Legislative
Council or a person designated by the executive director; and
[(3)] in addition to the persons described by
Subdivision [Subdivisions] (1) [and (2)], residents of this state
who have long service in the cause of uniformity in state
legislation as shown by:
(A) at least 20 years of service representing the
state as an associate member of the national conference;
(B) election as a life member of the national
conference; or
(C) at least 15 years of service as a member of
the commission and at least five years of combined service as a
judge or justice of a trial or appellate court of this state.
SECTION 17.26. Section 762.011, Government Code, is amended
to read as follows:
Sec. 762.011. SUPPORT SERVICES. The [Texas] Legislative
Information Services Board [Council] shall provide accounting,
clerical, and other support services necessary for the commission
to carry out its duties.
SECTION 17.27. Subsection (c), Section 2052.0021,
Government Code, is amended to read as follows:
(c) A state agency shall make each report required by law
available to members of the legislature in an electronic format
determined by the [Texas] Legislative Information Services Board
[Council]. The agency shall promptly send a suitable printed copy
of the report to a member of the legislature at the request of the
member.
SECTION 17.28. Subsection (d), Section 2056.002,
Government Code, is amended to read as follows:
(d) A state agency shall send two copies of each plan to both
the Legislative Reference Library and the state publications
clearinghouse of the Texas State Library and one copy each to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the Legislative Budget Board;
(5) the Performance Review [Sunset Advisory]
Commission; and
(6) [the state auditor; and
[(7)] the comptroller.
SECTION 17.29. Section 2056.010, Government Code, is
amended to read as follows:
Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN. The
Performance Review Commission, the comptroller, [the Sunset
Advisory Commission,] the [state auditor, the] Legislative Budget
Board, or another agency that conducts performance audits of a
state agency shall consider in the evaluation of an agency the
extent to which the agency conforms to the agency's strategic plan.
SECTION 17.30. Section 2102.009, Government Code, is
amended to read as follows:
Sec. 2102.009. ANNUAL REPORT. The internal auditor shall
prepare an annual report and submit the report before November 1 of
each year to the governor, the Legislative Budget Board, the
Performance Review [Sunset Advisory] Commission, the [state
auditor, the] state agency's governing board, and the
administrator. The Legislative Budget Board [state auditor] shall
prescribe the form and content of the report[, subject to the
approval of the legislative audit committee].
SECTION 17.31. Subsections (a) and (c), Section 2102.0091,
Government Code, are amended to read as follows:
(a) A state agency shall file with the Performance Review
[Sunset Advisory] Commission, the budget division of the governor's
office, [the state auditor,] and the Legislative Budget Board a
copy of each report submitted to the state agency's governing board
or the administrator of the state agency if the state agency does
not have a governing board by the agency's internal auditor.
(c) In addition to the requirements of Subsection (a), a
state agency shall file with the budget division of the governor's
office[, the state auditor,] and the Legislative Budget Board any
action plan or other response issued by the state agency's
governing board or the administrator of the state agency if the
state agency does not have a governing board in response to the
report of the state agency's internal auditor.
SECTION 17.32. Section 2155.203, Government Code, is
amended to read as follows:
Sec. 2155.203. PURCHASES BY LEGISLATURE AND LEGISLATIVE
AGENCIES. A house of the legislature, or an agency, council, or
committee of the legislature, including the Legislative Budget
Board, the [Texas] Legislative Information Services Board
[Council], [the state auditor's office,] and the Legislative
Reference Library, may use the commission's purchasing services for
purchasing goods and services, including items covered by Section
21, Article XVI, Texas Constitution.
SECTION 17.33. Section 2158.065, Government Code, is
amended to read as follows:
Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS. The secretary
of state shall distribute the printed laws of each session of the
legislature as follows:
(1) one copy each to:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
(D) each court of appeals; and
(E) each county law library;
(2) [10 copies to the Texas Legislative Council;
[(3)] 15 copies to the Legislative Reference Library;
(3) [(4)] 30 copies to the State Law Library; and
(4) [(5)] 60 copies to the Texas State Library.
SECTION 17.34. Subsection (c), Section 201.403,
Transportation Code, is amended to read as follows:
(c) Not later than February 1 of each year, the director
shall report to the commission, each house of the legislature, and
the Performance Review [Sunset Advisory] Commission on the
department's progress in the recruitment and hiring of women and
minority applicants.
SECTION 17.35. Subsection (c), Section 41.060, Utilities
Code, is amended to read as follows:
(c) The commission shall prepare a report for the
Performance Review [Sunset Advisory] Commission that includes
information submitted and responses by electric cooperatives in
accordance with the Performance Review [Sunset Advisory]
Commission's schedule for reviewing the commission.
SECTION 17.36. Subsection (a), Section 12, Chapter 357,
Acts of the 64th Legislature, Regular Session, 1975 (Article
4413(32e), Vernon's Texas Civil Statutes), is amended to read as
follows:
(a) The [Texas Legislative Council, the] Legislative Budget
Board, [the Legislative Audit Committee,] the Advisory Commission
on Intergovernmental Relations, and the Division of Planning
Coordination shall, through their respective administrative
officers, furnish staff assistance to the committee upon request.
SECTION 17.37. Subsection (a), Section 11, Chapter 672,
Acts of the 65th Legislature, Regular Session, 1977 (Article
4413(42a), Vernon's Texas Civil Statutes), is amended to read as
follows:
(a) The [Texas Legislative Council, the] Legislative Budget
Board, [the Legislative Audit Committee,] the Texas Advisory
Commission on Intergovernmental Relations, and the Division of
Planning Coordination shall, through their respective
administrative officers, furnish staff assistance to the committee
upon request.
PART 6. TRANSITION
SECTION 17.38. (a) The Texas Legislative Council is
abolished effective November 1, 2003.
(b) On November 1, 2003:
(1) all functions and activities assigned to or
performed by the information systems division of the Texas
Legislative Council immediately before that date are transferred to
the Legislative Information Services Board;
(2) all funds, obligations, contracts, property, and
records of the Texas Legislative Council relating to the services
performed by the information systems division of the Texas
Legislative Council are transferred to the Legislative Information
Services Board;
(3) all employees of the information systems division
of the Texas Legislative Council become employees of the
Legislative Information Services Board;
(4) all of the property and records of the Texas
Legislative Council relating to the services performed by the legal
and research divisions of the Texas Legislative Council are
transferred to either the senate or the house of representatives,
as determined by the lieutenant governor and the speaker of the
house of representatives;
(5) all employees of the legal and research divisions
of the Texas Legislative Council become employees of either the
senate or house of representatives, as determined by the lieutenant
governor and the speaker of the house of representatives; and
(6) a reference in law to the Texas Legislative
Council that relates to the services performed by the information
systems division of the Texas Legislative Council means the
Legislative Information Services Board.
SECTION 17.39. (a) The office of state auditor and the
Legislative Audit Committee are abolished but continue in effect
until December 1, 2003, for the sole purpose of transferring to the
Legislative Budget Board and the Performance Review Commission all
the rights, powers, duties, and functions exercised by the state
auditor and the Legislative Audit Committee immediately before the
effective date of this Act. The transfer must be completed not
later than December 1, 2003.
(b) All the funds, contracts, property, personnel, and
records of the office of the state auditor and the Legislative Audit
Committee are transferred to the Legislative Budget Board and the
Performance Review Commission, as determined by the lieutenant
governor and the speaker of the house of representatives, for the
purpose of performing the audit functions that the state auditor
was authorized or required to perform immediately before the
effective date of this Act.
(c) A reference in law or in an administrative rule to the
state auditor or the office of the state auditor or the Legislative
Audit Committee means the Legislative Budget Board, or the
Performance Review Commission for the purposes of administering
Chapter 325, Government Code (Texas Sunset Act), as amended by this
Act.
(d) A reference in law to a financial or compliance audit
under Chapter 321, Government Code, as repealed by this Act, means
an audit under Chapter 322, Government Code, as amended by this Act.
(e) A reference in law to an efficiency audit, an economy
audit, or a program audit under Chapter 321, Government Code, as
repealed by this Act, means an audit under Chapter 325, Government
Code (Texas Sunset Act), as amended by this Act.
SECTION 17.40. (a) The Sunset Advisory Commission is
abolished and the offices of the members of the commission serving
on the effective date of this Act are abolished. Members of the
commission serving immediately prior to the effective date of this
Act are eligible for reappointment to the Performance Review
Commission. Prior service on the Sunset Advisory Commission shall
not disqualify a member of the legislature or a member of the public
from appointment to the Performance Review Commission. In making
initial appointments to the Performance Review Commission, the
lieutenant governor and the speaker of the house of
representatives, to comply with Chapter 325, Government Code (Texas
Sunset Act), as amended by this Act, shall stagger the appointments
of legislative members by specifying two-year and four-year terms
for those members. The chairman of the Performance Review
Commission shall be designated by the speaker of the house of
representatives, and the vice chairman of the commission shall be
designated by the lieutenant governor.
(b) The validity of an action taken by the Sunset Advisory
Commission before it is abolished under Subsection (a) of this
section is not affected by the abolishment.
SECTION 17.41. On November 1, 2003:
(1) a rule, standard, or form adopted by the Sunset
Advisory Commission is a rule, standard, or form of the Performance
Review Commission and remains in effect until changed by the
Performance Review Commission;
(2) a reference in law to the Sunset Advisory
Commission means the Performance Review Commission;
(3) all money, contracts, leases, rights, and
obligations of the Sunset Advisory Commission are transferred to
the Performance Review Commission;
(4) all property, including records, in the custody of
the Sunset Advisory Commission becomes the property of the
Performance Review Commission;
(5) all employees of the Sunset Advisory Commission
become employees of the Performance Review Commission;
(6) the executive director of the Sunset Advisory
Commission shall serve as the executive director of the Performance
Review Commission until such time as the commission convenes to
either continue the employment of that executive director or
appoint another executive director; and
(7) all funds appropriated by the legislature to the
Sunset Advisory Commission are transferred to the Performance
Review Commission.
SECTION 17.42. On November 1, 2003, the lieutenant governor
shall assume the chairmanship of the Legislative Information
Services Board and the speaker of the house of representatives
shall assume the vice chairmanship of the board. The initial terms
of the lieutenant governor and the speaker of the house of
representatives expire February 1, 2005.
ARTICLE 18. UNCLAIMED PROPERTY
SECTION 18.01. Subsection (a), Section 72.101, Property
Code, is amended to read as follows:
(a) Except as provided by this section and Sections 72.1015
and [Section] 72.102, personal property is presumed abandoned if,
for longer than three years:
(1) the existence and location of the owner of the
property is unknown to the holder of the property; and
(2) according to the knowledge and records of the
holder of the property, a claim to the property has not been
asserted or an act of ownership of the property has not been
exercised.
SECTION 18.02. Subchapter B, Chapter 72, Property Code, is
amended by adding Section 72.1015 to read as follows:
Sec. 72.1015. UNCLAIMED WAGES. (a) In this section,
"wages" has the meaning assigned by Section 61.001, Labor Code.
(b) An amount of unclaimed wages is presumed abandoned if,
for longer than one year:
(1) the existence and location of the person to whom
the wages are owed is unknown to the holder of the wages; and
(2) according to the knowledge and records of the
holder of the wages, a claim to the wages has not been asserted or an
act of ownership of the wages has not been exercised.
SECTION 18.03. Subsection (a), Section 74.001, Property
Code, as amended by House Bill No. 826, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a holder of property that is presumed abandoned under[:
[(1)] Chapter 72, Chapter 73, or Chapter 75 [of this
code; or
[(2) Subchapter G, Chapter 61, Labor Code].
SECTION 18.04. Subsection (a), Section 74.101, Property
Code, as amended by House Bill No. 826, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) Each holder who on June 30 holds property that is
presumed abandoned under Chapter 72, 73, or 75 of this code or
under[,] Chapter 154, Finance Code, [or Subchapter G, Chapter 61,
Labor Code,] shall file a report of that property on or before the
following November 1. The comptroller may require the report to be
in a particular format, including a format that can be read by a
computer.
SECTION 18.05. Subsection (a), Section 74.301, Property
Code, as amended by House Bill No. 826, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) Except as provided by Subsection (c), each holder who on
June 30 holds property that is presumed abandoned under Chapter 72,
73, or 75 [of this code or Subchapter G, Chapter 61, Labor Code,]
shall deliver the property to the comptroller on or before the
following November 1 accompanied by the report required to be filed
under Section 74.101.
SECTION 18.06. Subchapter G, Chapter 61, Labor Code, as
added by House Bill No. 826, Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
SECTION 18.07. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary to
take effect on that date, this article takes effect November 1,
2003.
ARTICLE 19. TEXAS BICYCLE TOURISM TRAILS
SECTION 19.01. Section 201.902, Transportation Code, is
amended to read as follows:
Sec. 201.902. ROAD USE BY BICYCLISTS. (a) The department
shall designate:
(1) a statewide bicycle coordinator; and
(2) a bicycle coordinator in each regional office.
(b) A bicycle coordinator shall assist the department in
developing rules and plans to enhance the use of the state highway
system by bicyclists.
(c) The commission shall adopt rules relating to use of
roads in the state highway system by bicyclists, including
provisions for:
(1) the specific duties of the statewide bicycle
coordinator and the regional bicycle coordinators;
(2) obtaining comments from bicyclists on:
(A) a highway project that might affect bicycle
use;
(B) the use of a highway for bicycling events;
and
(C) department policies affecting bicycle use of
state highways;
(3) the consideration of acceptable national bicycle
design, construction, and maintenance standards on a project in an
area with significant bicycle use; and
(4) any other matter the commission determines
necessary to enhance the use of the state highway system by
bicyclists.
(d) The statewide bicycle coordinator, with the regional
bicycle coordinators and an advisory committee established in the
department, shall advise the commission on the development of
bicycle tourism trails. The coordinator shall develop
recommendations:
(1) in consultation with the Parks and Wildlife
Department and the Texas economic development and tourism office
within the office of the governor;
(2) that reflect the geographic, scenic, historic, and
cultural diversity of the state; and
(3) that maximize federal and private sources of
funding for the construction of such trails and the development of a
bicycle tourism industry.
(e) A rule adopted under this section may not be
inconsistent with Chapter 551.
(f) In its annual report, the department shall report on the
activities of the statewide bicycle coordinator and specifically on
the bicycle tourism trails program.
SECTION 19.02. The Texas Department of Transportation shall
include the report on the activities of the statewide bicycle
coordinator and the bicycle tourism trails program required by this
article beginning with its annual report for calendar year 2004.
SECTION 19.03. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary to
take effect on that date, this article takes effect November 1,
2003.
ARTICLE 20. WORKERS' COMPENSATION RESEARCH
SECTION 20.01. Subtitle A, Title 5, Labor Code, is amended
by adding Chapter 405 to read as follows:
CHAPTER 405. WORKERS' COMPENSATION RESEARCH
Sec. 405.001. DEFINITION. In this chapter, "department"
means the Texas Department of Insurance.
Sec. 405.002. WORKERS' COMPENSATION RESEARCH DUTIES OF
DEPARTMENT. (a) The department shall conduct professional studies
and research related to:
(1) the delivery of benefits;
(2) litigation and controversy related to workers'
compensation;
(3) insurance rates and rate-making procedures;
(4) rehabilitation and reemployment of injured
workers;
(5) workplace health and safety issues;
(6) the quality and cost of medical benefits;
(7) the Texas Mutual Insurance Company and the impact
of that company on the workers' compensation system; and
(8) other matters relevant to the cost, quality, and
operational effectiveness of the workers' compensation system.
(b) In addition to the studies and research conducted under
Subsection (a), the department shall conduct studies and research
related to drugs in the workplace, giving priority to drug abuse in
public and private establishments in which drug abuse could result
in serious consequences to the public. The studies and research
must include a survey designed to identify future needs and current
efforts of employers to counteract drug abuse and its effects in the
workplace.
(c) The department shall identify, collect, maintain, and
analyze the key information required to assess the operational
effectiveness of the workers' compensation system. The department
shall provide the information obtained under this subsection to the
governor and the legislature on a quarterly basis.
(d) The department may apply for and spend federal funds to
implement this chapter.
Sec. 405.003. FUNDING; MAINTENANCE TAX. (a) The
department's duties under this chapter are funded through the
assessment of a maintenance tax collected annually from all
insurance carriers except governmental entities.
(b) The department shall set the rate of the maintenance tax
based on the expenditures authorized and the receipts anticipated
in legislative appropriations. The tax rate for insurance
companies may not exceed one-tenth of one percent of the correctly
reported gross workers' compensation insurance premiums. The tax
rate for certified self-insurers may not exceed one-tenth of one
percent of the total tax base of all certified self-insurers, as
computed under Section 407.103(b).
(c) The tax imposed under Subsection (a) is in addition to
all other taxes imposed on those insurance carriers for workers'
compensation purposes.
(d) The tax on insurance companies shall be collected and
paid in the same manner and at the same time as the maintenance tax
established for the support of the department under Article 5.68,
Insurance Code. The tax on certified self-insurers shall be
collected and paid in the same manner and at the same time as the
self-insurer maintenance tax collected under Section 407.104.
(e) Amounts received under this section shall be deposited
in the state treasury to the credit of a special account to be used:
(1) for the operation of the department's duties under
this chapter; and
(2) to reimburse the general revenue fund in
accordance with Article 4.19, Insurance Code.
(f) Section 403.095, Government Code, does not apply to the
special account established under this section.
Sec. 405.004. COORDINATION WITH OTHER STATE AGENCIES;
CONFIDENTIALITY. (a) As required to fulfill the department's
objectives under this chapter, the department is entitled to access
to the files and records of:
(1) the commission;
(2) the Texas Workforce Commission;
(3) the Texas Department of Human Services;
(4) the Texas Mutual Insurance Company; and
(5) other state agencies.
(b) A state agency shall assist and cooperate in providing
the information to the department.
(c) Information that is confidential under state law is
accessible to the department under rules of confidentiality and
remains confidential.
(d) The identity of an individual or entity selected to
participate in a department survey or who participates in such a
survey is confidential and is not subject to public disclosure
under Chapter 552, Government Code.
SECTION 20.02. Chapter 404 and Section 413.021(f), Labor
Code, are repealed.
SECTION 20.03. (a) For each fiscal year of the state fiscal
biennium beginning September 1, 2003, the amount of $832,396
appropriated by Section 11.15(b), Article IX, H.B. 1, Acts of the
78th Legislature, Regular Session, 2003, is appropriated to the
Texas Department of Insurance for the purpose of performing the
department's duties under Chapter 405, Labor Code, as added by this
Act, with $804,928 appropriated each fiscal year from the
undedicated portion of the general revenue fund and $27,468
appropriated each fiscal year from the special account established
under Section 405.003, Labor Code, as added by this Act, and the
amount available for transfer under Section 11.15(c), Article IX,
H.B. 1, Acts of the 78th Legislature, Regular Session, 2003, is
correspondingly reduced by that amount.
(b) Rider 1 immediately following the appropriation to the
Research and Oversight Council on Workers' Compensation made by
H.B. 1, Acts of the 78th Legislature, Regular Session, 2003,
applies to the appropriation made by Subsection (a) of this
section.
(c) The special account established under Section 404.003,
Labor Code, as that section existed before being repealed by this
Act, is re-created and redesignated as a special account to be used
for the purposes described by Section 405.003, Labor Code, as added
by this Act.
ARTICLE 21. LIQUID WASTE MANAGEMENT
SECTION 21.01. Subchapter B, Chapter 361, Health and Safety
Code, is amended by adding Section 361.034 to read as follows:
Sec. 361.034. RECORDS AND MANIFESTS REQUIRED FOR CERTAIN
LIQUID WASTES. (a) The commission by rule shall require a person
who generates, collects, conveys, transports, processes, stores,
or disposes of sewage sludge, water treatment sludge, domestic
septage, chemical toilet waste, grit trap waste, or grease trap
waste to keep records and use a uniform manifest as prescribed by
commission rule to ensure that the waste is transported to an
appropriate processing, storage, or disposal facility or site
permitted or authorized for that purpose.
(b) The rules must require the person who generates the
waste, the person who transports the waste, and the person who
disposes of the waste each to retain, for not less than three years,
a copy of a transportation manifest that records the generator,
transporter, and disposal site and method.
(c) The rules must require that aggregate amounts of waste
recorded on the manifests required under this section match the
amounts of waste reported to the commission annually. The
commission may require copies of manifests to be submitted with
reports to the commission or at other times.
SECTION 21.02. The Texas Commission on Environmental
Quality shall adopt rules under Section 361.034, Health and Safety
Code, as added by this article, as soon as practicable so that the
rules take effect not later than March 1, 2004.
SECTION 21.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect November 1, 2003.
ARTICLE 22. STATE PUBLICATIONS MAINTAINED BY THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION
SECTION 22.01. Sections 441.101(2) and (4), Government
Code, are amended to read as follows:
(2) "Depository library" means the Texas State
Library, the Legislative Reference Library, the Library of
Congress, the Center for Research Libraries, or any other library
that the commission designates as a site for retaining and allowing
public access to state publications [depository library].
(4) "State publication":
(A) means information in any format, including
materials in print or in an electronic format, that:
(i) is produced by the authority of or at
the total or partial expense of a state agency or is required to be
distributed under law by the agency; and
(ii) is publicly distributed outside the
agency by or for the agency; and
(B) does not include information the
distribution of which is limited to:
(i) contractors with or grantees of the
agency;
(ii) persons within the agency or within
other government agencies; or
(iii) members of the public under a request
made under the open records law, Chapter 552.
SECTION 22.02. Section 441.102(c), Government Code, is
amended to read as follows:
(c) The commission shall establish and maintain a system,
named the "Texas Records and Information Locator," or "TRAIL," to
allow electronic access, including access through the Internet, at
the Texas State Library and other depository libraries to state
publications in an electronic format that have been made available
to the public by or on behalf of a state agency.
SECTION 22.03. Section 441.103, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsections (f),
(g), and (h) to read as follows:
(a) A state agency shall designate one or more staff persons
as agency publications liaisons [contact persons] and shall notify
the Texas State Library of those persons' identities. A
publications liaison [contact person] shall maintain a record of
the agency's state publications and shall furnish to the Texas
State Library a list of the agency's new state publications as they
become available.
(b) A state agency shall furnish copies of its printed state
publications to the Texas State Library in the number specified by
commission rules. On the printing of or awarding of a contract for
the printing of a publication, a state agency shall arrange for the
required number of copies to be deposited with the Texas State
Library. The commission may not require more than 75 copies of a
printed state publication.
(f) A state agency shall make its printed state publications
accessible from the state agency's website in an electronic format.
If the state agency does not have a website, the agency shall
deposit the electronic source file for each printed state
publication in the manner prescribed by commission rules.
(g) A state agency shall include, for any state publication
in electronic format, regardless of its availability through the
Internet, identifying and descriptive information about the state
publication as specified by commission and Department of
Information Resources rules.
(h) If an electronic state publication is not printed or
available from the state agency's website, the state agency shall
furnish the Texas State Library copies in a manner prescribed by
commission rules. The commission may not require more than 75
copies of the publication.
SECTION 22.04. Section 441.104, Government Code, is amended
to read as follows:
Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas
State Library shall:
(1) acquire, organize, [and] retain, and provide
access to state publications;
(2) collect state publications and distribute them to
depository libraries;
(3) establish a [microform] program for the
preservation and management of state publications and make
available state publications in alternative formats [microform] to
depository libraries and other libraries at a reasonable cost;
(4) periodically issue a list of all state
publications that it has received in print or storage media to all
depository libraries and other libraries on request;
(5) catalog, classify, and index all state
publications that it receives and distribute the cataloging,
classification, and indexing information to depository libraries
and to other libraries on request;
(6) ensure that state publications are fully
represented in regional and national automated library networks;
(7) index all state publications that are available on
the Internet [in an electronic format] and make the index available
on the Internet [in an electronic format]; and
(8) [provide on-line access to state publications that
can be accessed on-line; and
[(9)] provide other depository libraries appropriate
access, at no charge, to state publications available in an
electronic format.
SECTION 22.05. Section 441.106, Government Code, is amended
to read as follows:
Sec. 441.106. PAYMENT FOR PRINTING OF STATE PUBLICATIONS.
If a state agency's printing is done by contract, an account for the
printing may not be approved and a warrant may not be issued unless
the agency first furnishes to the Texas Building and Procurement
[State Purchasing and General Services] Commission a receipt from
the state librarian for the publication or a written waiver from the
state librarian exempting the publication from this subchapter.
ARTICLE 23. STANDARDIZED STATE ELECTRONIC MAIL SERVICE
SECTION 23.01. Subchapter C, Chapter 2054, Government Code,
is amended by adding Section 2054.064 to read as follows:
Sec. 2054.064. STATE ELECTRONIC MAIL SERVICE. (a) The
department shall develop a plan to implement a standardized state
electronic mail service. The plan must include a cost impact
analysis.
(b) If the cost impact analysis indicates that the benefits
of the electronic mail service outweigh the costs, the department
shall develop a schedule to implement the service. Each state
agency shall implement the service according to the schedule.
(c) This section expires November 1, 2007.
ARTICLE 24. TRANSFER OF CERTAIN REAL PROPERTY FOR
MUNICIPAL PARK PURPOSES
SECTION 24.01. Section 4, Chapter 38, General Laws, Acts of
the 35th Legislature, Regular Session, 1917, is amended to read as
follows:
Sec. 4: If any portion greater than one-tenth of one acre of
said property be used by said city for any purpose except public
park and recreational purposes and purposes incident thereto, title
to said property shall revert to the State of Texas free from all
claims of said city of Austin. Sections 253.001(b) and (d), Local
Government Code, Chapter 272, Local Government Code, Chapter 26,
Parks and Wildlife Code, any similar charter provision of said
city, and any use restriction imposed by this Act do not apply to
the sale, conveyance, or lease of a portion of said property to an
owner of an interest in adjoining property if the portion of said
property is less than one-tenth of one acre. A lease, sale, or
conveyance of any interest in land described by Section 1 or 2 of
this Act shall be submitted to the commissioner of the General Land
Office for review and comment before the completion of the
transaction. If more than one portion of said property is used for
a purpose other than a purpose described by Section 2 of this Act,
the aggregate of those portions of said property may not exceed
one-tenth of one acre.
ARTICLE 25. PUBLIC VOTE ON CHANGES TO GOVERNOR'S POWERS AND
DUTIES MADE BY 78TH LEGISLATURE DURING 1ST CALLED SESSION
SECTION 25.01. (a) In this section, "becomes law" has the
meaning assigned by Section 2001.006, Government Code, as added by
Chapter 558, Acts of the 76th Legislature, Regular Session, 1999.
(b) If a bill enacted by the 78th Legislature, 1st Called
Session, 2003, becomes law and adds, deletes, or changes a power or
duty of the governor, the governor and other persons may not give
effect to the addition, deletion, or change or any other provision
in that bill that is necessarily related to or contingent on that
addition, deletion, or change unless a proposition describing the
addition, deletion, or change and the other provision in accordance
with this section is approved by a majority of the voters voting at
a statewide election, as provided by the next section of this
article. For the purposes of this section, the former law is
continued in effect:
(1) before the addition, deletion, or change is
approved at the statewide election; and
(2) after the statewide election if the addition,
deletion, or change is not approved at the election.
(c) From among the bills enacted by the 78th Legislature,
1st Called Session, 2003, that become law, the secretary of state
shall identify:
(1) all additions, deletions, or changes made by those
bills to the powers and duties of the governor; and
(2) all provisions in those bills that are necessarily
related to or contingent on those additions, deletions, or changes
to the powers and duties of the governor.
(d) Using the information identified under Subsection (c)
of this section, the secretary of state shall prepare one or more
propositions that:
(1) are to be printed on the ballot of the statewide
election, as required by the next section of this article;
(2) are organized on the ballot under the heading
"Referendum Proposition No. 1"; and
(3) permit voters to vote for or against the
additions, deletions, or changes to the powers and duties of the
governor.
(e) Each proposition required by Subsection (d) of this
section must include:
(1) a brief description of the addition, deletion, or
change that may not be given effect unless the proposition is
approved at the election;
(2) a brief description of all necessarily related or
contingent provisions that may not be given effect unless the
proposition is approved at the election; and
(3) the number of the bill passed by the 78th
Legislature, 1st Called Session, 2003, that enacted the addition,
deletion, or change included in the proposition.
(f) The secretary of state may group or organize additions,
deletions, or changes to the powers and duties of the governor and
related provisions into propositions required by this section in
any manner that is coherent, efficient, and reasonable.
(g) In performing the secretary of state's duties under
Subsection (c) of this section and in preparing the propositions
required by this section, the secretary shall consult the
legislative legal staff that provides legal counseling and
legislative drafting services for the legislature.
SECTION 25.02. (a) This article takes effect immediately
if it receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this article does not receive the vote necessary
for immediate effect, this article takes effect on the 91st day
after the last day of the legislative session.
(b) If this article takes effect immediately, the
propositions prepared by the secretary of state in accordance with
this article shall be printed on the ballot for the statewide
election to be held September 13, 2003. If this article does not
take effect immediately, the propositions prepared by the secretary
of state in accordance with this article shall be printed on the
ballot for the statewide election to be held November 4, 2003.
ARTICLE 26. CERTAIN GOVERNMENTAL CONTRACTS TO BE PERFORMED
IN NONATTAINMENT AREAS FOR NATIONAL AMBIENT AIR QUALITY STANDARDS
SECTION 26.01. Section 2155.451(a), Government Code, as
added by Section 19, H.B. No. 1365, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(a) This section applies only to a contract to be performed,
wholly or partly, in a nonattainment area or in an affected county,
as those terms are [that term is] defined by Section 386.001, Health
and Safety Code.
SECTION 26.02. Section 271.907(b), Local Government Code,
as added by Section 20, H.B. No. 1365, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(b) This section applies only to a contract to be performed,
wholly or partly, in a nonattainment area or in an affected county,
as those terms are [that term is] defined by Section 386.001, Health
and Safety Code.
SECTION 26.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect on the 91st day after
the last day of the legislative session.
ARTICLE 27. SCHOOL SAFETY REGULATIONS AND SAFETY TRAINING PROGRAM
SECTION 27.01. Chapter 33, Education Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. SAFETY REGULATIONS FOR CERTAIN EXTRACURRICULAR
ACTIVITIES
Sec. 33.101. APPLICABILITY. This subchapter applies to
each public school in this state and to any other school in this
state subject to University Interscholastic League regulations.
Sec. 33.102. SAFETY TRAINING REQUIRED. (a) The
commissioner by rule shall develop and adopt a safety training
program as provided by this section. In developing the program, the
commissioner may use materials available from the American Red
Cross or another appropriate entity.
(b) The following persons must satisfactorily complete the
safety training program:
(1) a coach or trainer for an extracurricular athletic
activity;
(2) except as provided by Subsection (f), a physician
who is employed by a school or school district or who volunteers to
assist with an extracurricular athletic activity; and
(3) a director responsible for a school marching band.
(c) The safety training program must include:
(1) certification of participants by the American Red
Cross, the American Heart Association, or a similar organization,
as determined by the commissioner;
(2) annual training in:
(A) emergency action planning;
(B) cardiopulmonary resuscitation if the person
is not required to obtain certification under Section 33.086;
(C) communicating effectively with 9-1-1
emergency service operators and other emergency personnel; and
(D) recognizing symptoms of potentially
catastrophic injuries, including head and neck injuries,
concussions, injuries related to second impact syndrome, asthma
attacks, heatstroke, cardiac arrest, and injuries requiring use of
a defibrillator; and
(3) at least once each school year, a safety drill that
incorporates the training described by Subdivision (2) and
simulates various injuries described by Subdivision (2)(D).
(d) A student participating in an extracurricular athletic
activity must receive training related to:
(1) recognizing the symptoms described by Subsection
(c)(2)(D); and
(2) the risks of using supplements designed or
marketed to enhance athletic performance.
(e) The safety training program and the training under
Subsection (d) may each be conducted by a school or school district
or by an organization described by Subsection (c)(1).
(f) A physician who is employed by a school or school
district or who volunteers to assist with an extracurricular
athletic activity is exempt from the requirements of Subsection (b)
if the physician attends a continuing medical education course that
specifically addresses emergency medicine for athletic team
physicians.
Sec. 33.103. RECOMMENDATION RELATED TO HEART SCREENING.
The University Interscholastic League shall recommend that each
student participating in an extracurricular athletic activity
receive a heart screening.
Sec. 33.104. CERTAIN UNSAFE ATHLETIC ACTIVITIES
PROHIBITED. A coach or trainer for an extracurricular athletic
activity may not encourage or permit a student participating in the
activity to engage in any unreasonably dangerous athletic technique
that unnecessarily endangers the health of a student, including
using a helmet or any other sports equipment as a weapon.
Sec. 33.105. CERTAIN SAFETY PRECAUTIONS REQUIRED. (a) A
coach or trainer for an extracurricular athletic activity shall at
each athletic practice or competition ensure that:
(1) each student participating in the activity is
permitted adequate access to water;
(2) any prescribed asthma medication for a student
participating in the activity is readily available to the student;
(3) if available at the school, a defibrillator is
readily accessible for use at the practice or competition;
(4) emergency lanes providing access to the practice
or competition area are open and clear; and
(5) heatstroke prevention materials are readily
available.
(b) A referee, umpire, or other official at an
extracurricular athletic competition may prohibit a student from
participating in the competition if:
(1) the official observes a violation of Subsection
(a); or
(2) the official determines that the removal would
likely prevent the death of or serious injury to the student.
(c) If a student participating in an extracurricular
athletic activity, including a practice or competition, is rendered
unconscious during the activity, the student may not:
(1) return to the practice or competition during which
the student was rendered unconscious; or
(2) continue to participate in any extracurricular
athletic activity until the student receives written authorization
from a physician.
Sec. 33.106. COMPLIANCE; ENFORCEMENT. (a) On request, a
school shall make available to the public proof of compliance for
each person enrolled in, employed by, or volunteering for the
school who is required to receive safety training described by
Section 33.102.
(b) The superintendent of a school district or the director
of a school subject to this subchapter shall maintain complete and
accurate records of the district's or school's compliance with
Section 33.102.
(c) A school campus that is determined by the school's
superintendent or director to be in noncompliance with Section
33.102, 33.104, or 33.105 shall discontinue all extracurricular
athletic activities offered by the school campus, including all
practices and competitions, until the superintendent or director
determines that the school campus is in compliance.
Sec. 33.107. CONTACT INFORMATION. (a) The commissioner
shall maintain an existing telephone number and an electronic mail
address to allow a person to report a violation of this subchapter.
(b) Each school that offers an extracurricular athletic
activity shall prominently display at the administrative offices of
the school the telephone number and electronic mail address
maintained under Subsection (a).
Sec. 33.108. UNIVERSITY INTERSCHOLASTIC LEAGUE MEDICAL
ADVISORY BOARD SUBCOMMITTEE. (a) The director of the University
Interscholastic League shall appoint a subcommittee from among the
membership of the league's medical advisory board. The director or
the director's designee shall serve as the subcommittee's presiding
officer.
(b) The subcommittee shall prepare a statement of the risks
of injury resulting from participation in extracurricular athletic
activities. The University Interscholastic League shall post the
text of the statement on the league's Internet website and provide
to each student participating in an extracurricular athletic
activity and to the student's parent or guardian a copy of the
statement.
Sec. 33.109. NOTICE REQUIRED. A school that offers an
extracurricular athletic activity shall provide to each student
participating in an extracurricular athletic activity and to the
student's parent or guardian a copy of the text of Sections
33.101-33.108.
Sec. 33.110. INCORPORATION OF SAFETY REGULATIONS. The
University Interscholastic League shall incorporate the provisions
of Sections 33.103-33.108 into the league's constitution and
contest rules.
SECTION 27.02. This article applies beginning with the
2004-2005 school year, except that Sections 33.104 and 33.108,
Education Code, as added by this article, apply beginning with the
2003-2004 school year.
ARTICLE 28. TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM ASSETS
SECTION 28.01. Section 845.301(a), Government Code, as
amended by H.B. No. 2240, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The assets of the retirement system shall be invested
and reinvested without distinction as to their source in accordance
with Section 67, Article XVI, Texas Constitution. For purposes of
the investment authority of the board of trustees under Section 67,
Article XVI, Texas Constitution, "securities" means any investment
instrument within the meaning of the term as defined by Section 4,
The Securities Act (Article 581-4, Vernon's Texas Civil Statutes),
15 U.S.C. Section 77b(a)(1), or 15 U.S.C. Section 78c(a)(10).
Investment decisions are subject to the standard provided in the
Texas Trust Code by Section 117.004(b) [Sections 117.004(a)-(c)],
Property Code.
SECTION 28.02. This article takes effect January 1, 2004.
ARTICLE 29. EFFECTIVE DATE
SECTION 29.01. Except as otherwise provided by this Act,
this Act takes effect November 1, 2003.
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