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By: Ellis S.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to the organization, board membership, and functions of
certain state agencies and to the transfer of certain functions to
other state agencies; providing penalties.
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repealed.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. PARDONS AND PAROLES
SECTION 6.01. 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 6.02. 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 6.03. 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 6.04. 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 6.05. 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 6.06. 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 6.07. 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 6.08. 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 6.09. 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 6.10. 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 6.11. 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 or composed of any combination of members and
parole commissioners.
SECTION 6.12. 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 6.13. 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 6.14. 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 6.15. 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 6.16. 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 6.17. 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 6.18. 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 6.19. 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 6.20. 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 6.21. Section 508.0361, Government Code, is
repealed.
SECTION 6.22. (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 7. DESIGNATION OF PRESIDING OFFICERS
SECTION 7.01. 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) The governor may designate as the presiding officer only
a member of the governing body who has been confirmed by the senate.
If no member of the governing body has been confirmed by the senate
and the legislature is not in session, the governor may designate as
the presiding officer a member who has not yet been confirmed by the
senate but who is subject to senate confirmation.
(d) This section does not apply to:
(1) a state agency that is headed by one or more
statewide-elected officials;
(2) a state agency for which a majority of the
governing body members are not subject to confirmation by the
senate;
(3) an entity that advises or reports to a state agency
headed by one or more statewide-elected officials;
(4) a river authority whose governing body is elected;
or
(5) a junior college district.
ARTICLE 8. ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 8.01. 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 8.02. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Sections 1702.005 and 1702.006 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.
Sec. 1702.006. TEXAS DEPARTMENT OF HEALTH. (a) In this
section, "personal emergency response system" means an alarm system
that is:
(1) installed in the residence of a person;
(2) monitored by an alarm systems company; and
(3) designed to permit the person to signal the
occurrence of a medical emergency on the part of the person so that
the company may dispatch appropriate aid.
(b) Notwithstanding the other provisions of this chapter,
the Texas Department of Health shall administer the provisions of
this chapter that are applicable to the following persons who
provide services subject to regulation under this chapter only in
connection with personal emergency response systems:
(1) an alarm systems company;
(2) an alarm systems installer;
(3) an alarm systems monitor;
(4) a manager or branch office manager; and
(5) a security salesperson.
(c) A reference in this chapter or another law to the Texas
Commission on Private Security in connection with a person
described by Subsection (b) means the Texas Department of Health.
SECTION 8.03. Subsection (a), Section 1702.021,
Occupations Code, as amended by Senate Bill 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 8.04. Section 1702.025, Occupations Code, as
amended by Senate Bill No. 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 8.05. Section 1702.022, Occupations Code, is
repealed.
SECTION 8.06. 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 8.07. (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 or the Texas
Department of Health, as applicable;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board or the Texas Department of Health, as applicable, and remains
in effect until amended or replaced by that board or department;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board or the Texas Department of Health, as applicable;
(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 or the
Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health, and the Texas Private
Security Board or the Texas Department of Health, as applicable,
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 or the Texas Department of Health, as determined by a
memorandum of understanding between the Department of Public Safety
of the State of Texas and the Texas Department of Health; 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
or the Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health.
(b) Before January 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas and the Texas Department of Health to transfer any property
of the Texas Commission on Private Security to the Department of
Public Safety of the State of Texas or the Texas Department of
Health to implement the transfer required by this article. The
memorandum of understanding between the Texas Department of Health
and the Department of Public Safety of the State of Texas shall
ensure there is no duplicative regulatory effect.
(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.
ARTICLE 9. JOINT INTERIM COMMITTEE ON
POSTCONVICTION EXONERATIONS
SECTION 9.01. (a) The joint interim committee on
postconviction exonerations is established to:
(1) study the causes of and investigate wrongful
criminal convictions;
(2) identify appropriate improvements in the
criminal justice system to prevent future wrongful convictions;
(3) recommend policies, procedures, practices, and
legislation needed to prevent future wrongful convictions; and
(4) assess the procedures used by counties to ensure
due process and suggest a statewide model for procedures ensuring
due process.
(b) The joint interim committee is composed of the following
nine members:
(1) an attorney who represents the state in the
prosecution of felonies, as appointed by the attorney general;
(2) two members of the criminal justice committee of
the senate who are appointed by the lieutenant governor;
(3) two members of the criminal jurisprudence
committee of the house of representatives who are appointed by the
speaker of the house of representatives;
(4) a member of the judiciary who is appointed by the
chief justice of the supreme court;
(5) two law professors who are appointed by the
chancellor of The University of Texas System, one of whom works in
the forensic science field; and
(6) a criminal defense attorney who is appointed by
the Texas Criminal Defense Lawyers Association.
(c) The lieutenant governor shall designate one of the
members appointed to the joint interim committee as described by
this section to serve as the chair of the interim committee.
(d) The joint interim committee shall meet initially at the
call of the chair of the interim committee, and the interim
committee shall subsequently hold meetings and public hearings at
the call of the chair. To the extent that it is financially
possible, the interim committee shall hold public hearings in
multiple locations across this state.
(e) The joint interim committee may issue process as
provided by the senate and house of representatives rules of
procedure and by Section 301.024, Government Code, and has all
other powers and duties provided to special committees by the
senate and house of representatives rules of procedure, by
Subchapter B, Chapter 301, Government Code, and by policies of the
senate and house committees on administration.
(f) From the contingent expense fund of the senate and the
contingent expense fund of the house of representatives equally,
the members of the joint interim committee shall be reimbursed for
expenses incurred in carrying out the provisions of this article in
accordance with the senate and house of representatives rules of
procedure and the policies of the senate and house committees on
administration. Other necessary expenses of operation shall be
paid from the contingent expense fund of the senate and the
contingent expense fund of the house of representatives equally.
(g) Not later than October 1, 2004, the joint interim
committee shall prepare and deliver to the governor, the lieutenant
governor, and the speaker of the house of representatives copies of
the report containing the interim committee's findings and
recommendations.
SECTION 9.02. A person or association required by this
article to appoint a member to the joint interim committee on
postconviction exonerations shall make the appointment not later
than December 1, 2003.
ARTICLE 10. REPORTS
SECTION 10.01. 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 10.02. The heading to Section 5.178, Water Code, is
amended to read as follows:
Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
[APPENDIXES].
SECTION 10.03. 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 10.04. (a) Sections 361.020, 361.0201, 361.0232,
361.0233, 361.0234, Subsection (d), Section 361.040, Subsection
(c), Section 361.0871, and Sections 361.510, 371.063, 382.141,
Health and Safety Code, are repealed.
(b) Subsection (c), Section 5.178, Water Code, is repealed.
ARTICLE 11. PERMITS OF THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
SECTION 11.01. (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 joint committee of the Senate Natural Resources
Committee and House Environmental Regulation 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 speaker of the house of
representatives, and the Texas Commission on Environmental
Quality.
(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 12. CONSIDERATIONS BY THE BOARD OF
PARDONS AND PAROLES REGARDING CLEMENCY MATTERS
SECTION 12.01. 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, the [The] members of the board are not required to meet
as a body to perform the members' duties in clemency matters.
SECTION 12.02. Section 551.124, Government Code, is amended
to read as follows:
Sec. 551.124. BOARD OF PARDONS AND PAROLES. 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. Other than the deliberations of the board, the proceedings at
the telephone conference call hearing shall be recorded and made
available to the public in the same manner as if the members of the
board had met as a body to hold the hearing.
SECTION 12.03. 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 or by
participating in a telephone conference call as permitted by
Section 551.124, Government Code.
(b) The Board of Pardons and Paroles shall deliberate
privately, but at the conclusion of deliberations each board member
shall announce publicly the member's individual decision as to
whether to recommend clemency and shall sign the member's name with
the member's written recommendation and reasons for that
recommendation.
(c) The Board of Pardons and Paroles shall adopt rules as
necessary to implement the requirements of this article.
SECTION 12.04. (a) The changes in law made by this article
apply 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 article.
(b) The Board of Pardons and Paroles shall adopt the rules
required by Subsection (c), Article 48.011, Code of Criminal
Procedure, as added by this article, not later than October 1, 2003.
ARTICLE 13. CERTAIN AGREEMENTS OF THE
TEXAS DEPARTMENT OF TRANSPORTATION
SECTION 13.01. 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 a district office
headquarters facility located in a county with a population of 3.3
million or more;
(2) a lease of department-owned real property in a
district that includes a county with a population of 3.3 million or
more 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); and
(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).
ARTICLE 14. ORGANIZATION OF CERTAIN STATE AGENCIES; TRANSFER OF
CERTAIN FUNCTIONS
SECTION 14.01. Section 322.003, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsection (d) to
read as follows:
(a) A majority of the members of the board from each house
constitutes a quorum to transact business. If a quorum is present,
the board may act on any matter that is within its jurisdiction by a
majority vote, except as provided by Section 322.004(a).
(b) The board shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request [at the
call] of the chairman or vice-chairman or on written petition of a
majority of the members of the board from each house.
(d) For purposes of this section, the lieutenant governor is
considered to be a member of the board from the senate.
SECTION 14.02. Subsection (a), Section 322.004, Government
Code, is amended to read as follows:
(a) The board shall appoint a director to serve at the
pleasure of the board. The appointment of the director must be
approved by a majority vote of the members of the board from each
house of the legislature. For purposes of this subsection, the
lieutenant governor is considered to be a member of the board from
the senate. The director is accountable only to the board.
SECTION 14.03. Sections 322.001 through 322.014,
Government Code, are designated as Subchapter A, Chapter 322,
Government Code, and a heading to that subchapter is added to read
as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 14.04. Subchapter A, Chapter 322, Government Code,
as designated by this Act, is amended by adding Sections 322.015
through 322.020 to read as follows:
Sec. 322.015. REVIEW OF INTERSCHOLASTIC COMPETITION. The
board 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 board shall report the findings
to the governor and the legislature. The legislature may consider
the board's reports in connection with the legislative
appropriations process.
Sec. 322.016. PERFORMANCE REVIEW OF SCHOOL DISTRICTS.
(a) The board may periodically review the effectiveness and
efficiency of the operations of school districts. A review of a
school district may be initiated by the board at its discretion or
on the request of the school district. A review may be initiated by
a school district only by resolution adopted by a majority of the
members of the board of trustees of the district.
(b) If a review is initiated on the request of the school
district, the district shall pay 25 percent of the cost incurred in
conducting the review.
(c) The board shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with the school district, the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the standing committees of the
senate and the house of representatives with jurisdiction over
public education, and the commissioner of education; and
(3) make the entire report and a summary of the report
available to the public on the Internet.
Sec. 322.017. EFFICIENCY REVIEW OF STATE AGENCIES.
(a) The board periodically may review and analyze the
effectiveness and efficiency of the policies, management, fiscal
affairs, and operations of state agencies.
(b) The board shall report the findings of the review and
analysis to the governor and the legislature.
(c) The legislature may consider the board's reports in
connection with the legislative appropriations process.
(d) In this section, "state agency" has the meaning assigned
by Section 2056.001.
Sec. 322.018. RECORDS MANAGEMENT REVIEW. (a) The board
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.
Sec. 322.019. CERTAIN DUTIES. The director shall create a
policy council division to perform policy analysis and related
empirical analysis and research at the direction of the board
regarding issues and matters identified by the board that may
affect state revenue or appropriations or that may be the subject of
legislation or proposed amendments to the Texas Constitution.
Sec. 322.020. AGENCY COOPERATION. Each state agency in any
branch of state government shall cooperate with the board in
providing the board with the information the board requires to
perform its duties under Section 322.019.
SECTION 14.05. Chapter 322, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. WORKERS' COMPENSATION RESEARCH
Sec. 322.051. WORKERS' COMPENSATION RESEARCH DUTIES OF
BOARD. (a) The board 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; and
(7) 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 board 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 board shall identify, collect, maintain, and
analyze the key information required to assess the operational
effectiveness of the workers' compensation system. The board shall
provide the information obtained under this subsection to the
governor and the legislature on a quarterly basis.
(d) The board may apply for and spend grant funds to
implement this chapter.
Sec. 322.052. FUNDING; MAINTENANCE TAX. (a) The board's
duties under this subchapter are funded through the assessment of a
maintenance tax collected annually from all insurance carriers, and
from self-insurance groups that hold certificates of approval under
Chapter 407A, Labor Code, except governmental entities.
(b) The board shall set the rate of the maintenance tax
based on the expenditures authorized and the receipts anticipated
in legislative appropriations. The tax rate for an insurance
company may not exceed one-tenth of one percent of the correctly
reported gross workers' compensation insurance premiums. The tax
rate for a certified self-insurer 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), Labor Code. The tax rate for a
self-insurance group described by Subsection (a) may not exceed
one-tenth of one percent of the group's gross premium for the
group's retention, excluding premium collected by the group for
excess insurance.
(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 and on self-insurance
groups described by Subsection (a) shall be assessed, collected,
and paid in the same manner and at the same time as the maintenance
tax established for the support of the Texas Department of
Insurance under Article 5.68, Insurance Code. The tax on certified
self-insurers shall be assessed, collected, and paid in the same
manner and at the same time as the self-insurer maintenance tax
collected under Section 407.104, Labor Code.
(e) Amounts received under this section shall be deposited
in the state treasury in accordance with Article 5.68(e), Insurance
Code, to be used:
(1) for the operation of the board's duties under this
subchapter; and
(2) to reimburse the general revenue fund in
accordance with Article 4.19, Insurance Code.
(f) Section 403.095 does not apply to the special account
established under this section.
Sec. 322.053. COORDINATION WITH OTHER STATE AGENCIES;
CONFIDENTIALITY. (a) As required to fulfill the board's
objectives under this subchapter, the board is entitled to access
to the files and records of:
(1) the Texas Workers' Compensation Commission;
(2) the Texas Workforce Commission;
(3) the Texas Department of Human Services;
(4) the State Office of Risk Management; and
(5) other state agencies.
(b) A state agency shall assist and cooperate in providing
the information to the board.
(c) Information that is confidential under state law is
accessible to the board under rules of confidentiality and remains
confidential.
(d) The identity of an individual or entity selected to
participate in a board survey or who participates in such a survey
is confidential and is not subject to public disclosure under
Chapter 552.
SECTION 14.06. Subsection (b), Section 323.001, Government
Code, as amended by Senate Bill No. 1418, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(b) The council consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chairman of the house administration
committee;
(4) five senators from various areas of the state
appointed by the president of the senate; and
(5) four [nine] other members of the house of
representatives from various areas of the state appointed by the
speaker.
SECTION 14.07. Subsection (c), Section 323.001, Government
Code, is amended to read as follows:
(c) The speaker of the house of representatives [lieutenant
governor] is the chairman of the council and the lieutenant
governor [speaker] is the vice-chairman.
SECTION 14.08. Chapter 323, Government Code, is amended by
adding Section 323.002 to read as follows:
Sec. 323.002. EXECUTIVE DIRECTOR. The council shall
appoint an executive director to serve at the will of the council.
The appointment of the executive director must be approved by a
majority vote of the members of the council from each house of the
legislature. For purposes of this section, the lieutenant governor
is considered to be a member of the council from the senate.
SECTION 14.09. Subsections (a) and (b), Section 323.003,
Government Code, are amended to read as follows:
(a) The council shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request of the
chairman or vice-chairman.
(b) A majority of the [Twelve] members of the council from
each house of the legislature constitutes [including the chairman
and vice-chairman constitute] a quorum. If a quorum is present, the
council may act on any matter that is within its jurisdiction by a
majority vote, except as provided by Section 323.002. For purposes
of this subsection, the lieutenant governor is considered to be a
member of the council from the senate.
SECTION 14.10. Subsections (a), (d), and (j), Section
325.003, Government Code, are amended to read as follows:
(a) The Sunset Advisory Commission consists of five [four]
members of the senate and one public member appointed by the
lieutenant governor and five [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 serve four-year terms, with terms
staggered so that the terms of as near to one-half of the
legislative members appointed by the lieutenant governor as
possible and the terms of as near to one-half of the legislative
members appointed by the speaker as possible expire September 1 of
each odd-numbered year. If the lieutenant governor or the speaker
serves on the commission, he continues to serve until resignation
from the commission or until he ceases to hold the office. Public
members serve two-year terms expiring September 1 of each
odd-numbered year.
(j) Seven [Six] members of the commission constitute a
quorum. A final action or recommendation may not be made unless
approved by a record vote of a majority of the commission's full
membership.
SECTION 14.11. The following laws are repealed:
(1) Section 403.020, Government Code;
(2) Section 403.0205, Government Code;
(3) Section 403.022, Government Code;
(4) Section 403.024, Government Code;
(5) Chapter 404, Labor Code; and
(6) Subsection (f), Section 413.021, Labor Code.
SECTION 14.12. If, on the effective date of this Act, more
than four members of the house of representatives appointed under
Subdivision (5), Subsection (b), Section 323.001, Government Code,
are serving as members of the Texas Legislative Council:
(1) those members' terms on the council expire on the
effective date of this Act; and
(2) the speaker of the house of representatives, as
soon as possible after the effective date of this Act, shall appoint
four members of the house to serve as members of the Texas
Legislative Council under Subdivision (5), Subsection (b), Section
323.001, Government Code, as amended by this Act.
SECTION 14.13. The lieutenant governor and the speaker of
the house of representatives, as soon as possible after the
effective date of this Act, shall appoint a member of the senate or
the house of representatives, respectively, to serve initial terms
on the Sunset Advisory Commission under Section 325.003, Government
Code, as amended by this Act, expiring September 1, 2005.
SECTION 14.14. On November 1, 2003:
(1) all records and other property of the comptroller
of public accounts that relate to a review of interscholastic
competition, a performance review of school districts, an
efficiency review of a state agency, or a records management review
are transferred to the Legislative Budget Board;
(2) all unexpended and unobligated appropriations of
the comptroller of public accounts relating to the comptroller's
review of interscholastic competition, performance review of
school districts, efficiency review of a state agency, or records
management review are transferred to the Legislative Budget Board;
(3) all employees of the comptroller of public
accounts whose primary functions relate to the review of
interscholastic competition, performance review of school
districts, efficiency review of state agencies, or records
management review become employees of the Legislative Budget Board;
and
(4) any reference in law to the comptroller of public
accounts that relates to the review of interscholastic competition,
performance review of school districts, efficiency review of state
agencies, or records management review means the Legislative Budget
Board.
SECTION 14.15. The Research and Oversight Council on
Workers' Compensation, including the council's board of directors,
is abolished on the effective date of this Act. All state records
and other property and unexpended and unobligated appropriations of
the council on the effective date of this Act are transferred to the
Legislative Budget Board. All employees of the Research and
Oversight Council on Workers' Compensation become employees of the
Legislative Budget Board on the effective date of this Act. Any
reference in law to the Research and Oversight Council on Workers'
Compensation, the council's board of directors, the Texas Workers'
Compensation Research Center, or the research center's board means
the Legislative Budget Board.
ARTICLE 15. UNCLAIMED PROPERTY
SECTION 15.01. 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 15.02. 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 15.03. 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 15.04. 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 15.05. 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 15.06. Subchapter G, Chapter 61, Labor Code, as
added by House Bill No. 826, Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
SECTION 15.07. 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 16. STATE PUBLICATIONS MAINTAINED BY THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION
SECTION 16.01. Subdivisions (2) and (4), Section 441.101,
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 16.02. Subsection (c), Section 441.102, 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 16.03. 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 16.04. 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 16.05. 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 17. TRANSFER AND USE OF CERTAIN REAL PROPERTY
SECTION 17.01. 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 18. CERTAIN GOVERNMENTAL CONTRACTS TO BE PERFORMED
IN NONATTAINMENT AREAS FOR NATIONAL AMBIENT AIR QUALITY STANDARDS
SECTION 18.01. Subsection (a), Section 2155.451,
Government Code, as added by Section 19, House Bill 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 18.02. Subsection (b), Section 271.907, Local
Government Code, as added by Section 20, House Bill 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 18.03. 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 19. TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM ASSETS
SECTION 19.01. Subsection (a), Section 845.301, Government
Code, as amended by House Bill 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 19.02. This article takes effect January 1, 2004.
ARTICLE 20. PARTICIPATION OF CERTAIN GOVERNMENTAL RETIREES
IN CERTAIN GROUP BENEFIT PLANS
SECTION 20.01. Section 1551.102, Insurance Code, is amended
by adding Subsection (i) to read as follows:
(i) Subject to Section 1551.323, an individual is eligible
to participate in the group benefits program as an annuitant if the
individual:
(1) served in a position for which the individual was
eligible to participate in the group benefits program under Section
1551.101 on or before August 31, 2003; and
(2) at the time of retirement meets the requirements
for eligibility for participation in the program as an annuitant as
those requirements existed on August 31, 2003.
SECTION 20.02. Section 1551.111, Insurance Code, is amended
by adding Subsection (e) to read as follows:
(e) An individual is eligible to participate in the group
benefits program as an annuitant as described under this section if
the individual:
(1) served as an officer or employee as described by
Subsection (b)(1) on or before August 31, 2003; and
(2) at the time of retirement meets the requirements
for eligibility for participation in the program as an annuitant as
those requirements existed on August 31, 2003.
SECTION 20.03. Section 1551.112, Insurance Code, is amended
by adding Subsection (c) to read as follows:
(c) An individual is eligible to participate in the group
benefits program as an annuitant as described under this section if
the individual:
(1) served in a position described by Subsection (a)
on or before August 31, 2003; and
(2) at the time of retirement meets the requirements
for eligibility for participation in the program as an annuitant as
those requirements existed on August 31, 2003.
SECTION 20.04. Subchapter G, Chapter 1551, Insurance Code,
is amended by adding Section 1551.323 to read as follows:
Sec. 1551.323. COST OF CERTAIN ANNUITANTS. (a) An
annuitant eligible to participate under Section 1551.102(i) may be
required to pay the total cost attributable to the participation of
that individual and the dependents of that individual until the
date the individual is 65 years of age. If the General
Appropriations Act or other similar legislation addresses the
payment of these costs, these costs shall be paid in the manner
specified by that legislation.
(b) This section applies only to an individual who is
eligible to participate as an annuitant under Section 1551.102(i)
and who is not eligible to participate under another provision of
Section 1551.102.
SECTION 20.05. Section 1575.004, Insurance Code, as amended
by Senate Bill No. 1369, House Bill No. 3459, and House Bill No.
3507, Acts of the 78th Legislature, Regular Session, 2003, is
reenacted and amended to read as follows:
Sec. 1575.004. DEFINITION OF RETIREE. In this chapter,
"retiree" means:
(1) an individual not eligible for coverage under a
plan provided under Chapter 1551 or 1601 who:
(A) is at least 65 years of age and has taken a
service retirement under the Teacher Retirement System of Texas
with at least 10 years of service credit in the system for actual
service in public schools in this state; [or]
(B) was employed in actual service in public
schools in this state during or before the 2002-2003 school year, is
at least 55 years of age, and has taken a service retirement under
the Teacher Retirement System of Texas with at least 10 years of
service credit in the system for actual service in public schools in
this state; or
(C) has taken a service retirement under the
Teacher Retirement System of Texas and who has at least 10 years of
service credit for actual public service in the public schools in
this state or has at least five years of service credit for actual
public service in the public schools in this state and has five
years of military service credited in the Teacher Retirement System
of Texas, and the sum of the individual's age and amount of service
credit earned for service in the public schools of this state equals
or exceeds the number 80; or
(2) an individual who:
(A) has taken a disability retirement under the
Teacher Retirement System of Texas; and
(B) is entitled to receive monthly benefits from
the Teacher Retirement System of Texas.
SECTION 20.06. Section 1575.211, Insurance Code, as added
by Senate Bill No. 1369 and House Bill No. 3459, Acts of the 78th
Legislature, Regular Session, 2003, is amended by adding Subsection
(c) to read as follows:
(c) A retiree eligible to participate under Section
1575.004(1)(B) may be required to pay the total cost attributable
to the participation of that individual and the dependents of that
individual until the date the individual is 65 years of age. The
General Appropriations Act or other similar legislation may specify
a different allocation of total costs for retirees eligible to
participate under Section 1575.004(1)(B) and the dependents of
those retirees. This subsection applies only to an individual who
is eligible to participate as an annuitant under Section
1575.004(1)(B) and who is not eligible to participate under another
provision of Section 1575.004.
SECTION 20.07. 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 for
effect on that date, this article takes effect November 1, 2003.
ARTICLE 21. AUDIT OF TAX SETTLEMENT
SECTION 21.01. Chapter 321, Government Code, is amended by
adding Section 321.0138 to read as follows:
Sec. 321.0138. AUDIT OF STATE TAX SETTLEMENT. (a) This
section applies to a settlement of:
(1) a claim for a tax, penalty, or interest imposed by
Title 2, Tax Code, if the amount the taxpayer is required to pay
under the settlement is more than $10,000 less than the amount the
comptroller claimed the taxpayer owed before the date of the
settlement;
(2) a claim for a refund or credit of a tax, penalty,
or interest imposed by Title 2, Tax Code, if the amount of the
refund or credit under the settlement exceeds $10,000; or
(3) a taxpayer suit under Chapter 112, Tax Code, in
which the amount to be paid to or refunded or credited to the
taxpayer under the settlement exceeds $10,000.
(b) The state auditor may audit a tax settlement to which
this section applies. In determining whether this section applies
and in conducting the audit, the state auditor is entitled to access
to information related to the settlement to the same extent the
state auditor would be entitled under Section 321.013 if the
information were in a department or entity that is subject to audit.
(c) Notwithstanding any other law, including Sections
111.006, 151.027, and 171.206, Tax Code, the legislative audit
committee may release the name of a taxpayer that is subject to a
settlement to which this section applies and the amount of the
relief the taxpayer received as a result of the settlement. The
legislative audit committee may not release any other information
made confidential by those laws or other law.
ARTICLE 22. ENERGY AND WATER CONSERVATION BY STATE AGENCIES
SECTION 22.01. Chapter 447, Government Code, is amended by
adding Sections 447.010 and 447.011 to read as follows:
Sec. 447.010. FUEL SAVINGS FOR STATE AGENCIES. (a) In
this section and in Section 447.011:
(1) "Cost-effective" means resulting in fuel
consumption reduction with a projected savings in fuel cost over a
one-year period that exceeds the cost of purchasing and using a
technology.
(2) "Fuel-saving technology" means a:
(A) device containing no lead metal that is
installed on a motor vehicle or non-road diesel and that has been
proven to reduce fuel consumption per mile or per hour of operation
by at least five percent;
(B) fuel additive registered in accordance with
40 C.F.R. Part 79 that contains no known mutagenic materials and
that has been proven to reduce fuel consumption per mile or per hour
of operation by at least five percent; or
(C) fuel registered in accordance with 40 C.F.R.
Part 79 that contains no known mutagenic materials and that has been
proven to reduce fuel consumption per mile or per hour of operation
by at least five percent.
(3) "Motor vehicle" and "non-road diesel" have the
meanings assigned by Section 386.101, Health and Safety Code.
(4) "Proven fuel-saving technologies" means
technologies shown to reduce fuel use by at least five percent in:
(A) a United States Environmental Protection
Agency fuel economy test performed at a laboratory recognized by
that agency and under federal test protocols;
(B) a fuel economy test performed in accordance
with protocols and at testing laboratories or facilities recognized
by the state energy conservation office, the Texas Commission on
Environmental Quality, or the United States Environmental
Protection Agency; or
(C) a field demonstration performed in
accordance with Section 447.011.
(b) A state agency with 10 or more motor vehicles or
non-road diesels shall reduce the total fuel consumption of the
vehicles or diesels by at least five percent from fiscal year 2002
consumption levels through the use of cost-effective fuel-saving
technologies.
(c) A state agency may delay reducing fuel use as described
in this section until a list of proven fuel-saving technologies is
provided by the state energy conservation office as provided by
Section 447.011.
(d) A state agency may not purchase or use as a fuel-saving
technology a technology that:
(1) is known to increase engine emissions above the
levels established by the United States Environmental Protection
Agency;
(2) may be reasonably concluded to degrade air quality
or human health or to negatively impact the environment; or
(3) is known to negatively affect the manufacturer's
warranty of a motor vehicle or non-road diesel.
(e) A state agency may purchase cost-effective fuel-saving
technologies out of the agency's fuel budget.
(f) A state agency shall evaluate similar fuel-saving
technologies competitively.
(g) A state agency may condition a purchase of a fuel-saving
technology on the seller's agreement to refund the cost of the
technology if the agency determines it to be ineffective at
reducing fuel use by at least five percent before the 91st day after
the date the technology is first used by the agency.
(h) A state agency may use a fuel-saving technology that the
agency determines is cost-effective and may use a fuel-saving
technology in applications that provide other benefits, including
emissions reductions.
(i) A state agency may establish a program for agency
employees voluntarily to:
(1) purchase fuel-saving technologies; and
(2) document reductions in fuel savings and air
emissions.
(j) A state agency shall report to the state energy
conservation office annually, on a form provided by the office, on
the state agency's efforts and progress under this section.
Sec. 447.011. FIELD DEMONSTRATIONS. (a) Under the
direction of the state energy conservation office, the Texas
Department of Transportation shall demonstrate the effectiveness
of at least four fuel-saving technologies on a combined maximum of
100 motor vehicles or non-road diesels in accordance with this
section to determine the fuel-saving technologies that may
cost-effectively reduce fuel consumption and save state revenue.
(b) The Texas Department of Transportation shall select
varying ages and types of motor vehicles and non-road diesels to
demonstrate the fuel-saving technologies and shall give a
preference to high-use motor vehicles and non-road diesels in the
selection.
(c) The Texas Department of Transportation shall
demonstrate the performance of fuel-saving technologies by:
(1) assessing a technology's performance in the normal
course of operations of motor vehicles or non-road diesels; and
(2) performing controlled field tests.
(d) In selecting the technologies to be evaluated, the state
energy conservation office shall:
(1) consult with governmental and business
organizations that are currently using fuel-saving technology;
(2) consider technologies that are proven fuel-saving
technologies that have demonstrated fuel economy benefits of five
percent or more in field tests or recorded use data of government
organizations or businesses that operate fleets; and
(3) determine whether each technology selected has the
potential to be cost-effective.
(e) A fuel-saving technology may be disqualified from being
demonstrated or used if it is known to reduce engine performance,
reduce the life of the engine, require additional maintenance
expenses, or degrade air quality.
(f) The Texas Commission on Environmental Quality, The
University of Texas Center for Transportation Research, the
University of Houston Diesel Emissions Center, or another agency
may be designated to assist with executing the demonstration,
compiling the results, estimating the potential average fuel
savings of the technologies in different applications, or preparing
a final report.
(g) On completing the demonstration described by this
section the state energy conservation office shall rank the
fuel-saving technologies based on their fuel savings, other cost
savings, and overall cost-effectiveness. The office shall:
(1) list recommended applications of the
technologies;
(2) document other negative or positive effects; and
(3) prepare a concise report of these findings.
(h) The Texas Commission on Environmental Quality shall
obtain information on any fuel-saving technology that appears to
reduce particulate matter, oxides of nitrogen, carbon monoxide, or
hydrocarbon emissions. The Texas Commission on Environmental
Quality may use this information to fund the United States
Environmental Protection Agency verification of a technology in
accordance with Section 387.003, Health and Safety Code.
(i) The state energy conservation office shall provide the
report prepared under Subsection (g) to each state agency with 10 or
more motor vehicles or non-road diesels and to the Legislative
Budget Board.
(j) The demonstration and associated reports described by
this section shall be completed not later than September 1, 2004.
(k) All results of a demonstration project under this
section shall be made public on the state energy conservation
office's Internet website.
(l) The state energy conservation office shall provide
quarterly an updated list of all proven fuel-saving technologies on
its Internet website.
(m) Money from the state highway fund may not be used for the
purchase, installation, maintenance, or operation of the
fuel-saving technologies being assessed or subjected to controlled
field tests under this section. Repairs to state equipment
resulting from demonstrations of fuel-saving technologies must be
paid from the same funds used to implement this section.
SECTION 22.02. Chapter 2113, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. RESTRICTIONS ON CAPITAL EXPENDITURES
Sec. 2113.301. PREFERENCE FOR FINANCING CERTAIN CAPITAL
EXPENDITURES WITH MONEY GENERATED BY UTILITY COST SAVINGS CONTRACT.
(a) In this section:
(1) "State facility purpose" means a purpose related
to:
(A) the maintenance of a state-owned or
state-leased building or facility; or
(B) a project as defined by Section 2166.001,
including a project described by Section 2166.003.
(2) "Utility cost savings contract" means a contract
under Subchapter I, Chapter 2166, or other law that guarantees
utility cost savings for energy conservation measures to reduce
energy or water consumption or to reduce operating costs of
governmental facilities.
(b) Before a state agency may use appropriated money to make
a capital expenditure for a state facility purpose, the state
agency must determine whether the expenditure could be financed
with money generated by a utility cost savings contract.
(c) If it is practicable to do so, a state agency that is
using appropriated money must finance a capital expenditure for a
state facility purpose with money generated by a utility cost
savings contract.
(d) If it is not practicable for a state agency that is using
appropriated money to finance a capital expenditure for a state
facility purpose with money generated by a utility cost savings
contract, the state agency must provide justification to the
comptroller for the capital expenditure.
(e) In determining under Subsection (b) whether a capital
expenditure could be financed by a utility cost savings contract, a
state agency must consider whether utility cost savings generated
by any department of that agency could be a potential means of
financing a capital expenditure for any department of that agency.
Money generated by a utility cost savings in one department of a
state agency may be used to finance capital expenditures for a state
facility purpose in any department of that agency.
(f) This section does not apply to an institution of higher
education as defined by Section 61.003, Education Code.
(g) This section does not apply to a capital expenditure for
a state facility purpose that requires expeditious action to:
(1) prevent a hazard to life, health, safety, welfare,
or property; or
(2) avoid undue additional cost to the state.
(h) The Texas Building and Procurement Commission shall
appoint a task force to develop design recommendations that are to
be used for state facilities and that encourage rain harvesting and
water recycling by state agencies using appropriated money to
finance a capital expenditure for a state facility purpose.
ARTICLE 23. USE OF CATASTROPHE RESERVE TRUST FUND
SECTION 23.01. Subsection (i), Section 8, Article 21.49,
Insurance Code, is amended by adding Subdivision (6) to read as
follows:
(6) Each state fiscal year, beginning with fiscal year
2004, the General Land Office may use from the investment income of
the catastrophe reserve trust fund an amount equal to not more than
$1.5 million of the investment income of the prior fiscal year to
provide funding for an annual mitigation plan to be developed and
implemented each year by the commissioner of the General Land
Office. From that amount and as part of that plan, the General Land
Office may use in each fiscal year any portion of the funding for
the removal of structures or hazards located seaward of the line of
vegetation or state-owned submerged land. The General Land Office
shall not be entitled to any funding under this subsection if the
corpus of the catastrophe reserve trust fund is less than $200
million.
ARTICLE 24. PROHIBITION OF ELIMINATION TOURNAMENTS
SECTION 24.01. Subdivision (6), Section 2052.002,
Occupations Code, as amended by Senate Bill No. 279, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
(6) "Elimination tournament" means a competition or
exhibition in which contestants or participants who have no
professional experience participate in one or more matches by
boxing, wrestling, kicking, or using martial arts techniques
[boxing contest in which elimination tournament contestants
compete in a series of matches until not more than one contestant
remains in any weight category]. The term does not include a boxing
event described by Section 2052.110.
SECTION 24.02. Section 2052.101, Occupations Code, is
amended to read as follows:
Sec. 2052.101. BOXING PROMOTER LICENSE. A person may not
act as a boxing promoter [or an elimination tournament boxing
promoter] unless the person holds a license issued under this
chapter.
SECTION 24.03. Section 2052.110, Occupations Code, as
amended by Senate Bill No. 279, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 2052.110. LICENSE AND BONDING EXCEPTIONS. The
licensing and bonding requirements of this subchapter do not apply
to:
(1) a boxing event in which the participants do not
receive a money remuneration, purse, or prize for their
performances or services if the event is promoted, conducted, or
maintained by:
(A) an educational institution;
(B) a law enforcement organization;
(C) a Texas National Guard Unit; or
(D) an amateur athletic organization recognized
by the executive director;
(2) an event conducted by a nonprofit amateur athletic
association chartered under the law of this state that is[,
including a membership club affiliated with the association located
within this state and] recognized by the executive director,
including a membership club affiliated with the association located
within this state;
(3) an event conducted by a college, school, or
university that is part of the institution's athletic program in
which only students of different educational institutions
participate;
(4) an event in which only members of a troop, battery,
company, or unit of the Texas National Guard or a law enforcement
agency participate; or
(5) an event conducted by an organization of the
Olympic Games, the Paralympic Games, or the Pan-American Games.
SECTION 24.04. Subsection (a), Section 2052.151,
Occupations Code, as amended by Senate Bill No. 279, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
(a) A tax is imposed on a person who:
(1) conducts a boxing event[, including an elimination
tournament,] in which a fee is charged for admission to the event;
(2) exhibits in this state a simultaneous telecast of
a live, spontaneous, or current boxing event on a closed circuit
telecast, in which a fee is charged for admission to the telecast;
or
(3) conducts or sponsors an amateur boxing event,
other than an event exempt from licensing under Section
2052.110(2), (3), (4), or (5), in which a fee is charged for
admission to the event.
SECTION 24.05. The heading of Subchapter E, Chapter 2052,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [REGULATION OF] ELIMINATION TOURNAMENTS
SECTION 24.06. Section 2052.201, Occupations Code, is
amended to read as follows:
Sec. 2052.201. ELIMINATION TOURNAMENTS PROHIBITED [GENERAL
RULES]. (a) An elimination tournament may not [only] be held in
this state; provided, however, that this section does not preclude
kickboxing, mixed martial arts, shoot wrestling/fighting, or
Pancrase wrestling/fighting as regulated by this chapter or
commission rules [conducted as a one-night or two-night event].
(b) Promoting an elimination tournament conducted in this
state is a violation of this chapter.
(c) Participating in an elimination tournament conducted in
this state is a violation of this chapter [An elimination
tournament match consists of three rounds of not more than 90
seconds per round with an interval of at least one minute between
rounds.
[(c) The standing eight-count and the three-knock-down
rules apply to an elimination tournament.
[(d) An elimination tournament contestant must be randomly
matched with an opponent in the same weight category as the
contestant during the preliminary round of an elimination
tournament].
SECTION 24.07. Section 2052.251, Occupations Code, as
amended by Senate Bill No. 279, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 2052.251. BOXING GLOVES. A boxing event contestant[,
other than an elimination tournament contestant under Subchapter
E,] shall wear eight-ounce boxing gloves, unless the commission by
rule requires or permits a contestant to wear heavier gloves.
SECTION 24.08. Subsection (a), Section 2052.252,
Occupations Code, as amended by Senate Bill No. 279, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
(a) This section applies to an amateur boxing event, other
than an event described by Section 2052.110(2), (3), (4), or (5) [or
an elimination tournament subject to Subchapter E,] in which a fee
is charged for admission to the event.
SECTION 24.09. Section 2052.303, Occupations Code, is
amended to read as follows:
Sec. 2052.303. CIVIL PENALTY; INJUNCTION. (a) Except as
provided by Subsection (b), a [A] court may assess a civil penalty
against a person who violates this chapter or a rule adopted under
this chapter. The amount of the penalty assessed under this
subsection may not exceed $1,000 for each violation.
(b) A court may assess a civil penalty against a person who
violates Section 2052.201(b) or a rule adopted under that
subsection. The amount of the penalty assessed under this
subsection may not exceed $50,000 for each violation.
(c) The attorney general or the department may file a civil
suit to:
(1) assess and recover a civil penalty under
Subsection (a) or (b); or
(2) enjoin a person who violates or threatens to
violate this chapter or a rule adopted under this chapter from
continuing the violation or threat.
(d) [(c)] Venue for a suit filed under Subsection (c) [(b)]
is in a district court in Travis County.
(e) [(d)] A civil penalty assessed under this section shall
be paid to this state.
SECTION 24.10. Section 2052.309, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided by Subsection (c), an [An] offense
under this section is a Class A misdemeanor.
(c) An offense based on a violation of Section 2052.201(b)
or a rule adopted under that subsection is a second degree felony.
SECTION 24.11. The following sections of the Occupations
Code are repealed:
(1) Subdivisions (3), (7), (8), (12), and (15),
Section 2052.002;
(2) Section 2052.103;
(3) Section 2052.202;
(4) Section 2052.203;
(5) Section 2052.204;
(6) Section 2052.205;
(7) Section 2052.206; and
(8) Section 2052.207.
SECTION 24.12. 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 25. CONDEMNATION PROCEEDINGS
SECTION 25.01. Subchapter A, Chapter 25, Government Code,
is amended by adding Section 25.0020 to read as follows:
Sec. 25.0020. CONDEMNATION PROCEEDINGS IN CERTAIN
COUNTIES. (a) This section applies only to a county with a
population of three million or more.
(b) Notwithstanding Section 25.1032 or any other law, a
county civil court at law has concurrent jurisdiction with the
district court of eminent domain proceedings, both statutory and
inverse, regardless of the amount in controversy.
(c) Notwithstanding Section 21.013, Property Code, a party
initiating a condemnation proceeding may file a petition with any
clerk authorized to accept the petition for the district court.
(d) A condemnation proceeding shall be assigned by rotation
to a court with jurisdiction to hear the proceeding.
(e) Notwithstanding Section 62.301, for a condemnation
proceeding before a county civil court at law, a party may elect in
a timely filed jury demand to have the proceeding tried before a
jury of 12 persons.
ARTICLE 26. LEGISLATIVE INTENT
SECTION 26.01. Chapter 322, Government Code, is amended by
adding Section 322.015 to read as follows:
Sec. 322.015. LETTERS OF LEGISLATIVE INTENT. (a) The
board may issue a letter to a state governmental entity clarifying
or explaining meaning or legislative intent on matters relating to:
(1) the General Appropriations Act; or
(2) another legislative enactment that makes an
appropriation or qualifies, details, limits, or restricts an
appropriation.
(b) A state governmental entity, in interpreting a
provision of law described by Subsection (a), may rely on a letter
of legislative intent issued by the board under this section.
SECTION 26.02. Section 2001.032, Government Code, is
amended to read as follows:
Sec. 2001.032. LEGISLATIVE REVIEW AND NOTIFICATION.
(a) In the process of developing new rules and before a state
agency gives notice of its intention of adopting a rule under
Sections 2001.023 and 2001.024, the agency shall research the
legislative history of the law and prepare a legislative history
document on the bill or amendment that authorizes a state agency to
adopt the rule. To effectively research and prepare a legislative
history document, the state agency must:
(1) confirm the names of the primary author and
sponsor of the legislation or amendment that authorizes the state
agency to adopt the rule with the chief clerk of the house of
representatives, the secretary of the senate, or an automated
information system operated by the Texas Legislative Council or
some other reliable information service;
(2) determine whether a statement or discussion of
legislative intent was entered into the journals of the senate or
house of representatives in connection with legislation that became
law and that added, amended, or clearly affected the law under which
the rule would be adopted;
(3) verify the standing of each legislative author and
sponsor identified in Subdivision (1) as to their current
membership in the legislature; and
(4) assemble the information gathered under
Subdivisions (1), (2), and (3) into a legislative history document
to be used by the state agency during the deliberative process of
developing new rules.
(b) In this section, a reference to the law under which a
rule is or would be adopted includes a reference to the law that
authorizes a state agency to adopt the rule and to the law that the
rule would implement or enforce.
(c) Before a state agency gives notice of its intention to
adopt a rule under Sections 2001.023 and 2001.024, the agency shall
establish an internal review process to ensure that the proposed
rule is consistent with the legislative history in enacting or
otherwise affecting the law under which the rule would be adopted.
(d) Before a state agency gives notice of its intention to
adopt a rule under Sections 2001.023 and 2001.024, the agency shall
inform the primary author and sponsor of legislation that became
law and that added, amended, or clearly affected the law under which
the rule would be adopted, if the primary author or sponsor is still
a member of the legislature, that the adoption of a rule related to
the member's legislation is being considered.
(e) Concurrently with the state agency's filing of the
notice with the secretary of state, the agency shall deliver a copy
of the notice of the proposed rule required by Sections 2001.023 and
2001.024 to the primary author and sponsor as described in the
legislative history if the primary author or sponsor is still a
member of the legislature.
(f) Not later than the seventh day before the date the state
agency considers the rule for final adoption, the agency shall
deliver to the primary author and sponsor a copy of the rule as
proposed for final adoption if the text of the rule differs from the
text of the proposed rule published under Section 2001.024 and if
the author or sponsor is still a member of the legislature. The
state agency also shall notify the primary author and sponsor in a
timely manner of the time and place of a public hearing held in
connection with the contemplated rulemaking if the primary author
or sponsor is still a member of the legislature.
(g) The state agency shall deliver a copy of an emergency
rule adopted under Section 2001.034 and the written reasons for its
adoption to the primary author and sponsor as determined by the
legislative history with respect to the law under which the
emergency rule was adopted concurrently with the agency's filing of
the rule and the reasons for its adoption with the secretary of
state. If the state agency gives an abbreviated notice or conducts
a hearing in connection with the adoption of the emergency rule, the
agency shall also promptly furnish the primary author and sponsor
with a copy of the notice and shall timely inform the primary author
and sponsor of the time and place of the hearing.
(h) Failure to provide notice under this section does not
invalidate an action taken or rule adopted [Each house of the
legislature by rule shall establish a process under which the
presiding officer of each house refers each proposed state agency
rule to the appropriate standing committee for review before the
rule is adopted.
[(b) A state agency shall deliver to the lieutenant governor
and the speaker of the house of representatives a copy of the notice
of a proposed rule when the agency files notice with the secretary
of state under Section 2001.023.
[(c) On the vote of a majority of its members, a standing
committee may send to a state agency a statement supporting or
opposing adoption of a proposed rule].
SECTION 26.03. Subsection (a), Section 2001.024,
Government Code, is amended to read as follows:
(a) The notice of a proposed rule must include:
(1) a brief explanation of the proposed rule;
(2) the text of the proposed rule, except any portion
omitted under Section 2002.014, prepared in a manner to indicate
any words to be added or deleted from the current text;
(3) a statement of the statutory or other authority
under which the rule is proposed to be adopted, including:
(A) a concise explanation of the particular
statutory or other provisions under which the rule is proposed;
(B) the section or article of the code affected;
[and]
(C) a certification that the proposed rule has
been reviewed by legal counsel and found to be within the state
agency's authority to adopt; and
(D) a copy of the legislative history developed
and used by the agency during the proposal process;
(4) a fiscal note showing the name and title of the
officer or employee responsible for preparing or approving the note
and stating for each year of the first five years that the rule will
be in effect:
(A) the additional estimated cost to the state
and to local governments expected as a result of enforcing or
administering the rule;
(B) the estimated reductions in costs to the
state and to local governments as a result of enforcing or
administering the rule;
(C) the estimated loss or increase in revenue to
the state or to local governments as a result of enforcing or
administering the rule; and
(D) if applicable, that enforcing or
administering the rule does not have foreseeable implications
relating to cost or revenues of the state or local governments;
(5) a note about public benefits and costs showing the
name and title of the officer or employee responsible for preparing
or approving the note and stating for each year of the first five
years that the rule will be in effect:
(A) the public benefits expected as a result of
adoption of the proposed rule; and
(B) the probable economic cost to persons
required to comply with the rule;
(6) the local employment impact statement prepared
under Section 2001.022, if required;
(7) a request for comments on the proposed rule from
any interested person; and
(8) any other statement required by law.
SECTION 26.04. Section 2001.033, Government Code, is
amended to read as follows:
Sec. 2001.033. STATE AGENCY ORDER ADOPTING RULE. (a) A
state agency order finally adopting a rule must include:
(1) a reasoned justification for the rule as adopted
consisting solely of:
(A) a summary of comments received from parties
and of any written comments received from members of the
legislature interested in the rule that shows the names of
interested groups or associations offering comment on the rule and
of members of the legislature offering written comment on the rule
and whether they were for or against its adoption;
(B) a summary of the factual basis for the rule as
adopted which demonstrates a rational connection between the
factual basis for the rule and the rule as adopted; and
(C) the reasons why the agency disagrees with
party submissions and proposals and with any written comments or
proposals offered by a member of the legislature;
(2) a concise restatement of the particular statutory
provisions under which the rule is adopted and of how the agency
interprets the provisions as authorizing or requiring the rule; and
(3) a certification that the rule, as adopted, has
been reviewed by legal counsel and found to be:
(A) a valid exercise of the agency's legal
authority; and
(B) consistent with the intent of the legislature
in enacting or otherwise affecting the law under which the rule is
adopted, as described by Section 2001.032(b).
(b) Nothing in this section shall be construed to require
additional analysis of alternatives not adopted by an agency beyond
that required by Subsection (a)(1)(C) [Subdivision (1)(C)] or to
require the reasoned justification to be stated separately from the
statements required in Subsection (a)(1) [Subdivision (1)].
SECTION 26.05. The changes in law made by this article
relating to the process of state agency rulemaking apply only in
relation to:
(1) a state agency rule for which notice of the rule as
proposed is first published in the Texas Register under Sections
2001.023 and 2001.024, Government Code, on or after December 1,
2003; or
(2) an emergency rule adopted on or after November 15,
2003.
ARTICLE 27. CONVENTION CENTER AND HOTEL FACILITIES DEVELOPMENT
SECTION 27.01. Subdivision (2), Section 351.001, Tax Code,
is amended to read as follows:
(2) "Convention center facilities" or "convention
center complex" means facilities that are primarily used to host
conventions and meetings. The term means civic centers, civic
center buildings, auditoriums, exhibition halls, and coliseums
that are owned by the municipality or other governmental entity or
that are managed in whole or part by the municipality. In a
municipality with a population of 1.5 million or more, "convention
center facilities" or "convention center complex" means civic
centers, civic center buildings, auditoriums, exhibition halls,
and coliseums that are owned by the municipality or other
governmental entity or that are managed in part by the
municipality, hotels owned by the municipality or a nonprofit
municipally sponsored local government corporation created under
Chapter 431, Transportation Code, within 1,000 feet of a convention
center owned by the municipality, or a historic hotel owned by the
municipality or a nonprofit municipally sponsored local government
corporation created under Chapter 431, Transportation Code, within
one mile of a convention center owned by the municipality. The term
includes parking areas or facilities that are for the parking or
storage of conveyances and that are located at or in the vicinity of
other convention center facilities. The term also includes a hotel
owned by or located on land that is owned by an eligible central
municipality or by a nonprofit corporation acting on behalf of an
eligible central municipality and that is located within 1,000 feet
of a convention center facility owned by the municipality. In a
municipality that has a population of less than 114,000 and that
contains a portion of the Bosque River, the terms include a hotel
owned by the municipality or by a nonprofit corporation acting on
behalf of the municipality and that is located within 1,500 feet of
a convention center facility owned by the municipality.
SECTION 27.02. Subsection (a), Section 1504.001,
Government Code, is amended to read as follows:
(a) A municipality may establish, acquire, lease as lessee
or lessor, construct, improve, enlarge, equip, repair, operate, or
maintain a facility such as:
(1) a civic center, auditorium, opera house, music
hall, exhibition hall, coliseum, museum, library, or other
municipal building;
(2) a golf course, tennis court, or other similar
recreational facility;
(3) a hotel owned by a municipality or a nonprofit
municipally sponsored local government corporation created under
Chapter 431, Transportation Code, that is located:
(A) not more than 1,000 feet from a convention
center owned by a municipality with a population of 1,500,000 or
more; or
(B) within 1,500 feet of a convention center
facility owned by a municipality that has a population of less than
114,000 and that contains a portion of the Bosque River;
(4) a historic hotel owned by a municipality or a
nonprofit municipally sponsored local government corporation
created under Chapter 431, Transportation Code, that is located not
more than one mile from a convention center owned by a municipality
with a population of 1,500,000 or more; or
(5) a parking facility at or in the immediate vicinity
of a facility described by Subdivisions (1)-(4) for use in
connection with that facility for off-street parking or storage of
motor vehicles or other conveyances.
ARTICLE 28. CLOSURE OF CERTAIN PROGRAMS ON LOW-PERFORMING
CAMPUSES
SECTION 28.01. Subsection (b), Section 39.132, Education
Code, as amended by Senate Bill No. 618, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(b) If a campus has been a low-performing campus for a
period of two consecutive years or more, the commissioner shall
order the closure of the district or charter program on the campus
or reconstitute the campus. In reconstituting the campus, a
special campus intervention team shall be assembled for the purpose
of deciding which educators may be retained at that campus. If an
educator is not retained, the educator shall be assigned to another
position in the district.
(1) the educator's employment with the school district
may be terminated under Section 21.157, if applicable; or
(2) the educator may be assigned to another position
in the district.
ARTICLE 29. LIQUID WASTE MANAGEMENT
SECTION 29.01. 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 is required by law applicable to this commission or commission
rule created by this commission to use a manifest for the
generation, transportation, or disposal of liquid 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 each person subject to the rules
to retain, for not less than three years, a copy of a transportation
manifest that records the generator, the transporter, and the
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 29.02. 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 29.03. 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 30. EXEMPTION OF WAIVER PROPOSALS FOR LOCAL HEALTH CARE
COVERAGE DEMONSTRATION PROJECTS
SECTION 30.01. House Bill No. 3122, Acts of the 78th
Legislature, Regular Session, 2003, does not apply to any waiver
proposals for local demonstration projects submitted by the Health
and Human Services Commission to the federal government on or
before September 1, 2003, and the commission may request and
actively pursue any necessary waivers, including a Health Insurance
Flexibility and Accountability (HIFA) waiver, from a federal agency
or any other appropriate entity to enable the commission to
implement such demonstration projects.
ARTICLE 31. PARTICIPATION IN STATE EMPLOYEE CHARITABLE CAMPAIGN
SECTION 31.01. Any federation or organization that has
heretofore participated in the state employee charitable campaign
authorized by Subchapter I, Chapter 659, Government Code, shall not
be barred from participation in the program, both in terms of actual
participation and the purposes for which the contributions are
used, as a result of changes made in the law by Sections 35, 36, 37,
and 121, House Bill No. 2425, Acts of the 78th Legislature, Regular
Session, 2003.
ARTICLE 32. EFFECTIVE DATE
SECTION 32.01. Except as otherwise provided by this Act,
this Act takes effect November 1, 2003.