By: Swinford H.B. No. 24
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization of, efficiency in, and other reform
measures applying to state government; making an appropriation.
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repealed.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. OVERSIGHT OF REGIONAL PLANNING COMMISSIONS
SECTION 4.01. The heading to Section 391.009, Local
Government Code, is amended to read as follows:
Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE
AGENCIES.
SECTION 4.02. Section 391.009, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) To protect the public interest and [or] promote the
efficient use of public funds, the governor, with the technical
assistance of the state auditor, may draft and [shall] adopt:
(1) rules relating to the operation and oversight of a
commission;
(2) rules relating to the receipt or expenditure of
funds by a commission, including:
(A) restrictions on the expenditure of any
portion of commission funds for certain classes of expenses; and
(B) restrictions on the maximum amount of or
percentage of commission funds that may be expended on a class of
expenses, including indirect costs or travel expenses;
(3) annual reporting requirements for a commission;
(4) annual audit requirements on funds received or
expended by a commission from any source;
(5) rules relating to the establishment and use of
standards by which the productivity and performance of each
commission can be evaluated; and
(6) guidelines that commissions and governmental
units shall follow in carrying out the provisions of this chapter
relating to review and comment procedures.
(a-1) The governor may draft and adopt rules under
Subsection (a) using negotiated rulemaking procedures under
Chapter 2008, Government Code.
(a-2) Based on a risk assessment performed by the state
auditor and subject to the legislative audit committee's approval
for inclusion in the audit plan under Section 321.013, Government
Code, the state auditor's office shall assist the governor as
provided by Subsection (a).
SECTION 4.03. Section 391.0095, Local Government Code, as
amended by Senate Bill No. 19, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The
audit and reporting requirements under Section 391.009(a) shall
include a requirement that a commission annually report to the
state auditor [governor]:
(1) the amount and source of funds received by the
commission;
(2) the amount and source of funds expended by the
commission;
(3) an explanation of any method used by the
commission to compute an expense of the commission, including
computation of any indirect cost of the commission;
(4) a report of the commission's productivity and
performance during the annual reporting period;
(5) a projection of the commission's productivity and
performance during the next annual reporting period;
(6) the results of an audit of the commission's affairs
prepared by an independent certified public accountant; and
(7) a report of any assets disposed of by the
commission.
(b) The annual audit of a commission may be commissioned [by
the governor's office or] by the commission or at the direction of
the governor's office, as determined by the governor's office, and
shall be paid for from the commission's funds.
(c) A commission shall submit any other report or an audit
to the state auditor and [required by] the governor.
(d) If a commission fails to submit a report or audit
required under this section or is determined by the state auditor
[governor] to have failed to comply with a rule, requirement, or
guideline adopted under Section 391.009, the state auditor shall
report the failure to the governor's office. The governor may,
until the failure is corrected:
(1) appoint a receiver to operate or oversee the
commission; or
(2) withhold any appropriated funds of the commission.
(e) A commission shall send to the governor, the state
auditor, the comptroller, and the Legislative Budget Board a copy
of each report and audit required under this section or under
Section 391.009. The state auditor may review each audit and
report, subject to a risk assessment performed by the state auditor
and to the legislative audit committee's approval of including the
review in the audit plan under Section 321.013, Government Code. If
the state auditor reviews the audit or report, the state auditor
must be given access to working papers and other supporting
documentation that the state auditor determines is necessary to
perform the review. If the state auditor finds significant issues
involving the administration or operation of a commission or its
programs, the state auditor shall report its findings and related
recommendations to the legislative audit committee, the governor,
and the commission. The governor and the legislative audit
committee may direct the commission to prepare a corrective action
plan or other response to the state auditor's findings or
recommendations. The legislative audit committee may direct the
state auditor to perform any additional audit or investigative work
that the committee determines is necessary.
SECTION 4.04. Section 391.0117(e), Local Government Code,
is amended to read as follows:
(e) A commission shall submit to the state auditor
[governor] the commission's salary schedule, including the
salaries of all exempt positions, not later than the 45th day before
the date of the beginning of the commission's fiscal year. If the
state auditor, subject to the legislative audit committee's
approval for inclusion in the audit plan under Section 321.013,
Government Code, has recommendations to improve [governor objects
to] a commission's salary schedule or a portion of the schedule, the
state auditor shall report the recommendations to the governor's
office. The governor's office may not allow the portion of the
schedule for which [that] the state auditor has recommendations to
[governor objects to may not] go into effect until revisions or
explanations are given that are satisfactory to the governor based
on recommendations from the state auditor [and the governor
approves that portion of the schedule].
SECTION 4.05. On the effective date of this Act, a rule,
requirement, or guideline adopted by the governor relating to the
oversight of regional planning commissions remains in effect until
amended or repealed by the governor.
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, composed only of parole commissioners, 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) This section does not apply to:
(1) a state agency that is headed by one or more
statewide-elected officials;
(2) an entity that advises or reports to a state agency
headed by one or more statewide-elected officials;
(3) a river authority whose governing body is elected;
or
(4) 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 Section 1702.005 to read as follows:
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board
created under Section 1702.021 is a part of the department. The
department shall administer this chapter through the board.
(b) A reference in this chapter or another law to the Texas
Commission on Private Security means the board.
SECTION 8.03. Subsection (a), Section 1702.021,
Occupations Code, as amended by S.B. No. 287, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) The Texas [Commission on] Private Security Board
consists of seven [eight] members appointed by the governor with
the advice and consent of the senate as follows:
(1) four public members, each of whom is a citizen of
the United States;
(2) one member who[:
[(A)] is licensed under this chapter as a private
investigator;
[(B) has been engaged as a private investigator
for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission;]
(3) one member who is licensed under this chapter as an
alarm systems company; and [who:
[(A) has been engaged as an alarm systems company
for at least the five years preceding appointment; and
[(B) is not employed by a person who employs
another member of the commission;]
(4) one member who[:
[(A)] is licensed under this chapter as the owner
or operator of a guard company[;
[(B) has been the owner or operator of the guard
company for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission; and
[(5) one member who:
[(A) holds a license, security officer
commission, or registration under this chapter;
[(B) has been engaged in activity regulated by
the commission under this chapter for at least the five years
preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission].
SECTION 8.04. Section 1702.025, Occupations Code, as
amended by S.B. 287, Acts of the 78th Legislature, Regular Session,
2003, and Section 1702.026, Occupations Code, are amended to read
as follows:
Sec. 1702.025. TERMS; VACANCIES. (a) The board [appointed
commission] members serve staggered six-year terms, with the terms
of two or three [appointed] members expiring on January 31 of each
odd-numbered year.
(b) If a vacancy occurs during the term of a board [an
appointed commission] member, the governor shall appoint a new
member to fill the unexpired term.
Sec. 1702.026. OFFICERS. (a) The governor shall designate
one board [commission] member as presiding officer to serve in that
capacity at the will of the governor. The governor shall designate
the presiding officer without regard to race, creed, color,
disability, sex, religion, age, or national origin.
(b) The board [commission, including the representative of
the director of the Texas Department of Public Safety if one is
designated,] shall elect from among its members an assistant
presiding officer and a secretary to serve two-year terms beginning
on September 1 of each odd-numbered year.
(c) The presiding officer of the board [commission] or, in
the absence of the presiding officer, the assistant presiding
officer shall preside at each board [commission] meeting and
perform the other duties prescribed by this chapter.
SECTION 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;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board and remains in effect until amended or replaced by that board;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board;
(4) a complaint, investigation, or other proceeding
before the Texas Commission on Private Security is transferred
without change in status to the Texas Private Security Board, and
the Texas Private Security Board assumes, as appropriate and
without a change in status, the position of the Texas Commission on
Private Security in an action or proceeding to which the Texas
Commission on Private Security is a party;
(5) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Commission on
Private Security is transferred to the Texas Private Security
Board.
(b) Before January 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas to transfer any property of the Texas Commission on Private
Security to the Department of Public Safety of the State of Texas to
implement the transfer required by this article.
(c) During the period beginning on the effective date of
this article and ending on January 1, 2004, the Texas Commission on
Private Security shall continue to perform functions and activities
under Chapter 1702, Occupations Code, as if that chapter had not
been amended by this article, and the former law is continued in
effect for that purpose.
ARTICLE 9. REPORTS
SECTION 9.01. 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 9.02. The heading to Section 5.178, Water Code, is
amended to read as follows:
Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
[APPENDIXES].
SECTION 9.03. 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 9.04. (a) Sections 361.020, 361.0201, 361.0232,
361.0233, 361.0234, 361.040(d), 361.0871(c), 361.510, 371.063,
382.141, Health and Safety Code, are repealed.
(b) Section 5.178(c), Water Code, is repealed.
ARTICLE 10. PERMITS OF THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
SECTION 10.01. (a) It is the policy of this state to be
effective and efficient with public funds, to provide for effective
and efficient management of natural resources, and to serve the
people of Texas by making the government more visible, accessible,
coherent, consistent, and accountable to the people of Texas. The
legislature finds that the Texas Commission on Environmental
Quality's procedures for processing permits is cumbersome,
confusing, lengthy, and inefficient for citizens, business,
political subdivisions, and the commission.
(b) The Texas Commission on Environmental Quality's
permitting processes warrant, and the legislature directs, an
in-depth evaluation, including the identification of problems,
potential options, and solutions. The evaluation must solicit and
consider input from all stakeholders, including public hearings and
the opportunity for submission of written and oral comments. The
solutions identified in the final assessment of the commission's
permitting processes must ensure that:
(1) all relevant environmental protection standards
are maintained at a level that at least equals the current level;
(2) the commission's permitting processes are
streamlined;
(3) the commission's permitting processes are
user-friendly to citizens and promote sound economic development;
and
(4) all stakeholder concerns are considered.
(c) A seven-member study committee shall conduct the
evaluation and final assessment required by Subsection (b) of this
section and submit its findings not later than November 1, 2004, to
the governor, the lieutenant governor, the speaker of the house of
representatives, the Texas Commission on Environmental Quality,
and the chair of the standing committee of each house of the
legislature with primary jurisdiction over environmental issues.
The study committee shall consist of:
(1) three appointees of the lieutenant governor;
(2) three appointees of the speaker of the house of
representatives; and
(3) one public member appointed by the governor.
(d) It is the intent of the legislature to effectuate the
appropriate solutions through legislation at the earliest
opportunity subsequent to receipt of the study committee's final
assessment.
ARTICLE 11. CONSIDERATIONS BY THE BOARD OF
PARDONS AND PAROLES REGARDING CLEMENCY MATTERS
SECTION 11.01. 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 11.02. 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 11.03. 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 11.04. (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 December 1, 2004.
(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 December 1,
2004.
ARTICLE 12. CERTAIN AGREEMENTS OF THE
TEXAS DEPARTMENT OF TRANSPORTATION
SECTION 12.01. 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 13. ORGANIZATION OF CERTAIN LEGISLATIVE AGENCIES
SECTION 13.01. Section 321.002(e), Government Code, is
amended to read as follows:
(e) The committee shall have a chairman and vice-chairman as
presiding officers. The chairmanship and vice-chairmanship must
alternate every two years between the members of the committee from
the senate and the members of the committee from the house of
representatives. The chairman and vice-chairman may not be from
the same house of the legislature. The lieutenant governor shall
designate a presiding officer from the committee members from the
senate, and the speaker shall designate the other presiding officer
from the committee members from the house of representatives. A
designation made under this subsection expires on September 1 of
each odd-numbered year. For the purposes of this subsection, the
lieutenant governor is considered to be a member of the committee
from the senate. The committee shall elect [organize by electing]
one member to serve as [chairman and one member to serve as]
secretary.
SECTION 13.02. 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.
SECTION 13.03. Chapter 321, Government Code, is amended by
adding Section 321.024 to read as follows:
Sec. 321.024. PERFORMANCE REVIEW OF SCHOOL DISTRICTS. (a)
The committee may periodically review the effectiveness and
efficiency of the operations of school districts. A review of a
school district may be initiated by the committee 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 committee 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.
SECTION 13.04. Section 322.001(b), Government Code, is
amended to read as follows:
(b) The board shall have a chairman and vice-chairman as
presiding officers. The chairmanship and vice-chairmanship must
alternate every two years between the members of the board from the
senate and the members of the board from the house of
representatives. The chairman and vice-chairman may not be from
the same house of the legislature. The lieutenant governor shall
designate a presiding officer from the board members from the
senate, and the speaker shall designate the other presiding officer
from the board members from the house of representatives. A
designation made under this subsection expires on September 1 of
each odd-numbered year. For the purposes of this subsection, the
lieutenant governor is considered to be a member of the board from
the senate. [The lieutenant governor is the chairman of the board
and the speaker is the vice-chairman.]
SECTION 13.05. 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.
(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 13.06. Section 323.001(b), 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 13.07. Section 323.001(c), Government Code, is
amended to read as follows:
(c) The lieutenant governor and the speaker are joint chairs
[is the chairman] of the council [and the speaker is the
vice-chairman].
SECTION 13.08. Section 323.005(c), Government Code, is
amended to read as follows:
(c) The certificate of either of the joint chairs of the
council [chairman or vice-chairman] is sufficient evidence of the
validity of a claim. On certification, the comptroller shall issue
warrants on the treasury to pay each claim for mileage and per diem
expenses, salaries of employees, and other authorized expenses.
SECTION 13.09. Sections 323.008(a)-(d), Government Code,
are amended to read as follows:
(a) If the council determines a need exists, the joint
chairs [chairman] of the council may appoint statutory revision
advisory committees to advise the council on matters relating to
the revision of particular subjects of the law.
(b) Advisory committees consist of seven members appointed
by the joint chairs [chairman] of the council. Advisory committee
members serve for a period of two years from the date of
appointment.
(c) In appointing an advisory committee, the joint chairs
[chairman] shall include representatives of the:
(1) State Bar of Texas;
(2) judiciary; and
(3) Texas law schools.
(d) An advisory committee shall meet at the call of either
of the joint chairs [chairman] of the council.
SECTION 13.10. Section 323.011(b), Government Code, is
amended to read as follows:
(b) A subpoena must be signed by either of the joint chairs
[chairman] of the council [or the vice-chairman].
SECTION 13.11. Section 323.012(b), Government Code, is
amended to read as follows:
(b) On the request of either of the joint chairs [chairman]
of the council [or the vice-chairman], the attorney general shall
render opinions and give advice and assistance to the council.
SECTION 13.12. Sections 323.003(a) and (b), 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.
SECTION 13.13. Sections 325.003(a), (d), and (j),
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 13.14. The following laws are repealed:
(1) Section 403.020, Government Code; and
(2) Section 403.022, Government Code.
SECTION 13.15. If, on the effective date of this Act, more
than four members of the house of representatives appointed under
Section 323.001(b)(5), 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 Section 323.001(b)(5), Government Code,
as amended by this Act.
SECTION 13.16. 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 13.17. On November 1, 2003:
(1) all records and other property of the comptroller
that relate to a performance review of school districts are
transferred to the Legislative Audit Committee;
(2) all unexpended and unobligated appropriations of
the comptroller relating to the comptroller's performance review of
school districts are transferred to the Legislative Audit
Committee;
(3) all employees of the comptroller whose primary
functions relate to the performance review of school districts
become employees of the Legislative Audit Committee; and
(4) any reference in law to the comptroller that
relates to the performance review of school districts means the
Legislative Audit Committee.
SECTION 13.18. As soon as possible on or after the effective
date of this Act, the presiding officers of the Legislative Audit
Committee shall be designated as provided by Section 321.002(e),
Government Code, as amended by this Act. Under that section, the
lieutenant governor shall designate the initial chairman, and the
speaker of the house of representatives shall designate the initial
vice-chairman.
SECTION 13.19. As soon as possible on or after the effective
date of this Act, the presiding officers of the Legislative Budget
Board shall be designated as provided by Section 322.001(b),
Government Code, as amended by this Act. Under that section, the
speaker of the house of representatives shall designate the initial
chairman, and the lieutenant governor shall designate the initial
vice-chairman.
ARTICLE 14. UNCLAIMED PROPERTY
SECTION 14.01. 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 14.02. 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 14.03. 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 14.04. 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 14.05. 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 14.06. Subchapter G, Chapter 61, Labor Code, as
added by House Bill No. 826, Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
SECTION 14.07. 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 15. CERTAIN GOVERNMENTAL CONTRACTS TO BE PERFORMED
IN NONATTAINMENT AREAS FOR NATIONAL AMBIENT AIR QUALITY STANDARDS
SECTION 15.01. Section 2155.451(a), Government Code, as
added by Section 19, H.B. No. 1365, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(a) This section applies only to a contract to be performed,
wholly or partly, in a nonattainment area or in an affected county,
as those terms are [that term is] defined by Section 386.001, Health
and Safety Code.
SECTION 15.02. Section 271.907(b), Local Government Code,
as added by Section 20, H.B. No. 1365, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(b) This section applies only to a contract to be performed,
wholly or partly, in a nonattainment area or in an affected county,
as those terms are [that term is] defined by Section 386.001, Health
and Safety Code.
SECTION 15.03. 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 16. TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM ASSETS
SECTION 16.01. Section 845.301(a), Government Code, as
amended by H.B. No. 2240, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The assets of the retirement system shall be invested
and reinvested without distinction as to their source in accordance
with Section 67, Article XVI, Texas Constitution. For purposes of
the investment authority of the board of trustees under Section 67,
Article XVI, Texas Constitution, "securities" means any investment
instrument within the meaning of the term as defined by Section 4,
The Securities Act (Article 581-4, Vernon's Texas Civil Statutes),
15 U.S.C. Section 77b(a)(1), or 15 U.S.C. Section 78c(a)(10).
Investment decisions are subject to the standard provided in the
Texas Trust Code by Section 117.004(b) [Sections 117.004(a)-(c)],
Property Code.
SECTION 16.02. This article takes effect January 1, 2004.
ARTICLE 17. PARTICIPATION OF CERTAIN GOVERNMENTAL RETIREES
IN CERTAIN GROUP BENEFIT PLANS
SECTION 17.01. 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 17.02. 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 17.03. 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 17.04. 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.
(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 17.05. Section 1575.004, Insurance Code, as amended
by S.B. No. 1369, H.B. No. 3459, and H.B. 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 17.06. Section 1575.211, Insurance Code, as added
by S.B. No. 1369 and H.B. 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 17.07. 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 18. PARKS AND WILDLIFE COMMISSION
SECTION 18.01. Section 11.012(d), Parks and Wildlife Code,
is amended to read as follows:
(d) In making appointments under this section, the
governor:
(1) shall:
(A) attempt to include persons with expertise in
diverse fields, including fields such as historic preservation,
conservation, and outdoor recreation; and
(B) consider the commission's composition in
terms of:
(i) the geographical areas represented by
members of the commission; and
(ii) the appropriate balance of
representatives from rural and urban areas; and
(2) may include persons who have an interest in and
knowledge of hunting, fishing, wildlife, environmental concerns,
land or water use issues, or water quality issues.
SECTION 18.02. (a) As soon as possible on or after November
1, 2003, the governor shall appoint nine members to the Parks and
Wildlife Commission under Section 11.012, Parks and Wildlife Code,
as amended by this Act. The governor shall designate:
(1) three members, including one public member, for
terms expiring February 1, 2005;
(2) three members, including one public member, for
terms expiring February 1, 2007; and
(3) three members, including one public member, for
terms expiring February 1, 2009.
(b) The governor may reappoint a person who served as a
member of the Parks and Wildlife Commission before November 1,
2003.
(c) The position of a member of the Parks and Wildlife
Commission serving immediately before November 1, 2003, is
abolished at the time five or more of the newly appointed directors
qualify for office. Until the abolition of the members' positions
occurs under this section, the members serving immediately before
November 1, 2003, have the same powers and duties that the members
had immediately before that date and the commission continues to be
composed in the way it was composed before that date, and the former
law is continued in effect for that purpose.
ARTICLE 19. ENERGY AND WATER CONSERVATION BY STATE AGENCIES
SECTION 19.01. 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) an Environmental Protection Agency fuel
economy federal test protocol test performed at a laboratory
recognized by the Environmental Protection Agency;
(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 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 oxides of nitrogen emissions
or toxic air contaminants; or
(2) may be reasonably concluded to degrade air quality
or human health or to negatively impact the environment.
(e) A state agency may purchase cost-effective fuel-saving
technologies out of the agency's fuel budget.
(f) A state agency shall competitively evaluate similar
fuel-saving technologies.
(g) A state agency may require a seller of a fuel-saving
technology to refund the cost of the technology if it is determined
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 fuel-saving technologies that the
agency determines are 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 to voluntarily:
(1) purchase fuel-saving technologies; and
(2) document reductions in fuel savings and air
emissions.
(j) A state agency shall annually report to the state energy
conservation office 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) Varying ages and types of motor vehicles and non-road
diesels shall be selected to demonstrate the fuel-saving
technologies. Preference shall be given 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 Council on Environmental Technology, 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 Council on Environmental Technology shall
obtain information on any fuel-saving technology that appears to
reduce particulate matter, oxides of nitrogen, carbon monoxide, or
hydrocarbon emissions. The Texas Council on Environmental
Technology may use this information to fund the 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 19.02. 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 20. STATE AIRCRAFT POOLING BOARD
SECTION 20.01. The heading to Subchapter A, Chapter 2205,
Government Code, is amended to read as follows:
SUBCHAPTER A. STATE AIRCRAFT POOLING [BOARD]; GENERAL PROVISIONS
SECTION 20.02. Subdivision (1), Section 2205.002,
Government Code, is amended to read as follows:
(1) "Department [Board]" means the Texas Department of
Transportation [State Aircraft Pooling Board].
SECTION 20.03. Section 2205.032, Government Code, is
amended to read as follows:
Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND
MAINTENANCE. (a) The department [board] shall operate a pool for
the custody, control, operation, and maintenance of all aircraft
owned or leased by the state.
(b) The department [board] may purchase aircraft with funds
appropriated for that purpose.
(c) As part of the strategic plan that the department
[board] develops and submits under Chapter 2056, the department
[board] shall develop a long-range plan for its pool of aircraft.
The department [board] shall include appropriate portions of the
long-range plan in its legislative appropriations request. The
long-range plan must include estimates of future aircraft
replacement needs and other fleet management needs, including any
projected need to increase or decrease the number of aircraft in the
pool. In developing the long-range plan, the department [board]
shall consider at a minimum for each aircraft in the pool:
(1) how much the aircraft is used and the purposes for
which it is used;
(2) the cost of operating the aircraft and the revenue
generated by the aircraft; and
(3) the demand for the aircraft or for that type of
aircraft.
SECTION 20.04. Section 2205.034, Government Code, is
amended to read as follows:
Sec. 2205.034. FACILITIES. (a) The department [board] may
acquire appropriate facilities for the accommodation of all
aircraft owned or leased by the state. The facilities may be
purchased or leased as determined by the department [board] to be
most economical for the state and as provided by legislative
appropriations. The facilities may include adequate hangar space,
an indoor passenger waiting area, a flight-planning area,
communications facilities, and other related and necessary
facilities.
(b) A state agency that operates an aircraft may not use a
facility in Austin other than a facility operated by the department
[board] for the storage, parking, fueling, or maintenance of the
aircraft, whether or not the aircraft is based in Austin. In a
situation the department [board] determines to be an emergency, the
department [board] may authorize a state agency to use a facility in
Austin other than a department [board] facility for the storage,
parking, fueling, or maintenance of an aircraft.
SECTION 20.05. Section 2205.035, Government Code, is
amended to read as follows:
Sec. 2205.035. AIRCRAFT LEASES. (a) The department
[board] by interagency contract may lease state-owned aircraft to a
state agency.
(b) A state agency that is the prior owner or lessee of an
aircraft has the first option to lease that aircraft from the
department [board].
(c) The lease may provide for operation or maintenance by
the department [board] or the state agency.
(d) A state agency may not expend appropriated funds for the
lease of an aircraft unless the department [board] executes the
lease or approves the lease by department [board] order.
(e) A state agency may not use money appropriated by the
legislature to rent or lease aircraft except from the department
[board] or as provided by Subsection (f). For purposes of this
subsection and Subsection (f), payments of mileage reimbursements
provided for by the General Appropriations Act are not rentals or
leases of aircraft.
(f) If the department [board] determines that no
state-owned aircraft is available to meet a transportation need
that has arisen or that a rental or lease of aircraft would reduce
the state's transportation costs, the department [board] shall
authorize a state agency to expend funds for the rental or lease of
aircraft, which may include a helicopter.
SECTION 20.06. Section 2205.036, Government Code, is
amended to read as follows:
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The
department [board] shall provide aircraft transportation, to the
extent that its aircraft are available, to:
(1) state officers and employees who are traveling on
official business according to the coordinated passenger
scheduling system and the priority scheduling system developed as
part of the aircraft operations manual under Section 2205.038;
(2) persons in the care or custody of state officers or
employees described by Subdivision (1); and
(3) persons whose transportation furthers official
state business.
(b) The department [board] may not provide aircraft
transportation to a passenger if the passenger is to be transported
to or from a place where the passenger:
(1) will make or has made a speech not related to
official state business;
(2) will attend or has attended an event sponsored by a
political party;
(3) will perform a service or has performed a service
for which the passenger is to receive an honorarium, unless the
passenger reimburses the department [board] for the cost of
transportation;
(4) will attend or has attended an event at which money
is raised for private or political purposes; or
(5) will attend or has attended an event at which an
audience was charged an admission fee to see or hear the passenger.
(c) The department [board] may not provide aircraft
transportation to a destination unless:
(1) the destination is not served by a commercial
carrier;
(2) the time required to use a commercial carrier
interferes with passenger obligations; or
(3) the number of passengers traveling makes the use
of state aircraft cost-effective.
(d) The department shall monitor and ensure compliance with
the requirements of this section.
SECTION 20.07. Section 2205.038, Government Code, is
amended to read as follows:
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The
department [board] shall:
(1) prepare a manual that establishes minimum
standards for the operation of aircraft by state agencies; and
(2) adopt procedures for the distribution of the
manual to state agencies.
(b) The manual must include provisions for:
(1) pilot certification standards, including medical
requirements for pilots;
(2) recurring training programs for pilots;
(3) general operating and flight rules;
(4) coordinated passenger scheduling; and
(5) other issues the department [board] determines are
necessary to ensure the efficient and safe operation of aircraft by
a state agency.
(c) The department [board] shall confer with and solicit the
written advice of state agencies the department [board] determines
are principal users of aircraft operated by the department [board]
and, to the extent practicable, incorporate that advice in the
development of the manual and subsequent changes to the manual.
(d) The department [board] shall give an officer normally
elected by statewide election priority in the scheduling of
aircraft. The department [board] by rule may require a 12-hour
notice by the officer to obtain the priority in scheduling.
SECTION 20.08. Section 2205.039, Government Code, is
amended to read as follows:
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
Board, in cooperation with the department [board], shall prescribe:
(1) a travel log form for gathering information about
the use of state-operated aircraft;
(2) procedures to ensure that individuals who travel
as passengers on or operate state-operated aircraft provide in a
legible manner the information requested of them by the form; and
(3) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
(b) The travel log form must request the following
information about a state-operated aircraft each time the aircraft
is flown:
(1) a mission statement, which may appear as a
selection to be identified from general categories appearing on the
form;
(2) the name, state agency represented, destination,
and signature of each person who is a passenger or crew member of
the aircraft;
(3) the date of each flight;
(4) a detailed and specific description of the
official business purpose of each flight; and
(5) other information determined by the Legislative
Budget Board and the department [board] to be necessary to monitor
the proper use of the aircraft.
(c) A state agency other than the department [board] shall
send travel logs to the department [board] each month in which the
agency operates an aircraft.
(d) The department shall monitor and ensure compliance by
state agencies with the requirements of this section.
(e) The department shall annually report to the Legislative
Budget Board on air travel information received under this section.
SECTION 20.09. Section 2205.040, Government Code, is
amended to read as follows:
Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The
department [board] shall adopt rates for interagency aircraft
services that are sufficient to recover[, in the aggregate and to
the extent possible,] all expenses incurred under this chapter
[direct costs for the services provided], including current
obligations for capital equipment financed under the Texas Public
Finance Authority's master lease purchase program and aircraft
replacement costs [a state agency's pro rata share of major
maintenance, overhauls of equipment and facilities, and pilots'
salaries].
(b) The department shall deposit all revenue received under
this chapter to the credit of the state highway fund. Money
deposited to the credit of the state highway fund under this chapter
is exempt from the application of Section 403.095, Government Code
[Legislative Budget Board, in cooperation with the board and the
state auditor, shall prescribe a billing procedure for passenger
travel on state-operated aircraft].
(c) The department may spend money from the state highway
fund for expenses incurred under this chapter.
(d) It is the intent of the legislature that receipts and
expenditures that relate to the state highway fund under this
chapter be balanced over time so that, to the extent practicable,
the receipts and expenditures do not result in a net gain or net
loss to the fund.
SECTION 20.10. Subsection (a), Section 2205.041,
Government Code, is amended to read as follows:
(a) The Legislative Budget Board, in cooperation with the
department [board], shall prescribe:
(1) an annual aircraft use form for gathering
information about the use of state-operated aircraft, including the
extent to which and the methods by which the goal provided by
Section 2205.031(b) is being met; and
(2) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
SECTION 20.11. Section 2205.042, Government Code, is
amended to read as follows:
Sec. 2205.042. PILOTS. An individual who is not a pilot
employed by the department [board] may not operate a state-operated
aircraft unless the department [board] grants the individual a
specific exemption from that requirement.
SECTION 20.12. Subsection (b), Section 2205.043,
Government Code, is amended to read as follows:
(b) The department [board] shall adopt rules, consistent
with federal regulations and Subtitle A, Title 11 [Article 6139f,
Revised Statutes], governing the color, size, and location of marks
of identification required by this section.
SECTION 20.13. Section 2205.044, Government Code, is
amended to read as follows:
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The
department [board] may contract with a state or federal
governmental agency or a political subdivision to provide aircraft
fuel or to provide aircraft maintenance services.
SECTION 20.14. Subsection (a), Section 2205.045,
Government Code, is amended to read as follows:
(a) The department [board] may purchase insurance to
protect the department [board] from loss caused by damage, loss,
theft, or destruction of aircraft owned or leased by the state and
shall purchase liability insurance to protect the officers and
employees of each state agency from loss arising from the operation
of state-owned aircraft.
SECTION 20.15. Section 2205.046, Government Code, is
amended to read as follows:
Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a)
The department [board] may transfer aircraft to a public technical
institute or other public postsecondary educational institution
for use in the institution's flight training program. Except as
provided by this section, the department [board] has no
responsibility for continued maintenance of aircraft transferred
under this section.
(b) As a condition to the transfer of the aircraft, the
institution must certify in writing to the department [board] that
the institution will accept full responsibility for maintenance of
the aircraft and that it will be properly maintained while in the
custody and control of the institution. The department [board] is
entitled to inspect the aircraft without notice for the purpose of
insuring that the aircraft are properly maintained.
(c) The department [board] may immediately reassume custody
and control of a transferred aircraft on a finding by the department
[board] that:
(1) the aircraft is not being properly maintained;
(2) the aircraft is being used for a purpose other than
flight training; or
(3) the institution has discontinued its flight
training program.
SECTION 20.16. Section 2205.047, Government Code, is
amended to read as follows:
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The
department [board] shall post information related to travel and
other services provided by the department under this chapter
[board] on an Internet site maintained by or for the department
[board]. The site must be generally accessible to state agencies,
persons who use the department's [board's] services, and, to the
extent appropriate, the general public.
SECTION 20.17. Sections 2205.003-2205.019, Government
Code, are repealed.
SECTION 20.18. On the effective date of this article:
(1) the State Aircraft Pooling Board is abolished.
Except as provided by Section 20.21 of this article, all powers,
duties, obligations, rights, contracts, bonds, appropriations,
records, and real or personal property, and personnel of the State
Aircraft Pooling Board are transferred to the Texas Department of
Transportation;
(2) a rule, policy, procedure, or decision of the
State Aircraft Pooling Board continues in effect as a rule, policy,
procedure, or decision of the Texas Department of Transportation
until superseded by an act of the Texas Department of
Transportation;
(3) a reference in law to the State Aircraft Pooling
Board means the Texas Department of Transportation; and
(4) the number of full-time equivalent positions
intended to be allocated to the State Aircraft Pooling Board by H.B.
No. 1, Acts of the 78th Legislature, Regular Session, 2003, is
reduced by 39 for fiscal years 2004 and 2005, and the number of
full-time equivalent positions allocated to the Texas Department of
Transportation is increased by 39 for fiscal years 2004 and 2005 for
the purpose of administering Chapter 2205, Government Code.
SECTION 20.19. (a) All money collected by the Texas
Department of Transportation under Chapter 2205, Government Code,
during the state fiscal biennium beginning September 1, 2003, is
appropriated to the Texas Department of Transportation for that
biennium for the purpose of administering Chapter 2205, Government
Code.
(b) The unexpended balance of the appropriation to the State
Aircraft Pooling Board for all or part of the state fiscal biennium
ending August 31, 2003, is appropriated to the Texas Department of
Transportation for the state fiscal biennium beginning September 1,
2003, for the purpose of administering Chapter 2205, Government
Code.
SECTION 20.20. Before March 1, 2004, the Texas Department
of Transportation shall file with the governor, the lieutenant
governor, the speaker of the house of representatives, and the
Legislative Budget Board a complete and detailed report on the
transfer of powers and duties from the State Aircraft Pooling Board
to the Texas Department of Transportation.
SECTION 20.21. (a) Notwithstanding any other law, the
General Land Office shall sell to the Texas Department of
Transportation for fair market value the approximately three-acre
property formerly operated by the State Aircraft Pooling Board at
the site of the former Robert Mueller Municipal Airport.
(b) The department may only:
(1) use the property described by Subsection (a) of
this section for purposes consistent with the operation of an
intelligent transportation system unless the City of Austin and
Travis County agree to a different use; and
(2) lease an unneeded portion of the property
described by Subsection (a) of this section under the procedures
prescribed by Subchapter C, Chapter 202, Transportation Code, if
the lease is approved by the City of Austin and Travis County.
(c) In this section, "intelligent transportation system"
means a traffic management system designed to enhance the
efficiency and safety of the transportation system in the Austin
regional area through the remote monitoring and broadcasting of
traffic information. The term does not include the maintenance of
vehicles, the storage of fuel, or the storage of vehicles.
SECTION 20.22. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
this article to take effect on that date, this article takes effect
November 1, 2003.
ARTICLE 21. WORKERS' COMPENSATION RESEARCH
SECTION 21.01. Subtitle A, Title 5, Labor Code, is amended
by adding Chapter 405 to read as follows:
CHAPTER 405. WORKERS' COMPENSATION RESEARCH
Sec. 405.001. DEFINITION. In this chapter, "department"
means the Texas Department of Insurance.
Sec. 405.002. WORKERS' COMPENSATION RESEARCH DUTIES OF
DEPARTMENT. (a) The department shall conduct professional studies
and research related to:
(1) the delivery of benefits;
(2) litigation and controversy related to workers'
compensation;
(3) insurance rates and rate-making procedures;
(4) rehabilitation and reemployment of injured
workers;
(5) workplace health and safety issues;
(6) the quality and cost of medical benefits; 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 department shall conduct studies and research
related to drugs in the workplace, giving priority to drug abuse in
public and private establishments in which drug abuse could result
in serious consequences to the public. The studies and research
must include a survey designed to identify future needs and current
efforts of employers to counteract drug abuse and its effects in the
workplace.
(c) The department shall identify, collect, maintain, and
analyze the key information required to assess the operational
effectiveness of the workers' compensation system. The department
shall provide the information obtained under this subsection to the
governor and the legislature on a quarterly basis.
(d) The department may apply for and spend grant funds to
implement this chapter.
Sec. 405.003. FUNDING; MAINTENANCE TAX. (a) The
department's duties under this chapter are funded through the
assessment of a maintenance tax collected annually from all
insurance carriers, and self-insurance groups that hold
certificates of approval under Chapter 407A, except governmental
entities.
(b) The department shall set the rate of the maintenance tax
based on the expenditures authorized and the receipts anticipated
in legislative appropriations. The tax rate for insurance
companies may not exceed one-tenth of one percent of the correctly
reported gross workers' compensation insurance premiums. The tax
rate for certified self-insurers may not exceed one-tenth of one
percent of the total tax base of all certified self-insurers, as
computed under Section 407.103(b). The tax rate for self-insurance
groups 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 department 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.
(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 department's duties under
this chapter; and
(2) to reimburse the general revenue fund in
accordance with Article 4.19, Insurance Code.
(f) Section 403.095, Government Code, does not apply to the
special account established under this section.
Sec. 405.004. COORDINATION WITH OTHER STATE AGENCIES;
CONFIDENTIALITY. (a) As required to fulfill the department's
objectives under this chapter, the department is entitled to access
to the files and records of:
(1) the commission;
(2) the Texas Workforce Commission;
(3) the Texas Department of Human Services;
(4) the State Office of Risk Management; and
(5) other state agencies.
(b) A state agency shall assist and cooperate in providing
the information to the department.
(c) Information that is confidential under state law is
accessible to the department under rules of confidentiality and
remains confidential.
(d) The identity of an individual or entity selected to
participate in a department survey or who participates in such a
survey is confidential and is not subject to public disclosure
under Chapter 552, Government Code.
SECTION 21.02. (a) Chapter 404 and Section 413.021(f),
Labor Code, are repealed.
(b) 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
Texas Department of Insurance. All employees of the Research and
Oversight Council on Workers' Compensation become employees of the
Texas Department of Insurance 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 Texas Department of Insurance or the commissioner
of insurance, as appropriate.
SECTION 21.03. (a) For each fiscal year of the state
fiscal biennium beginning September 1, 2003, the amount of
$832,396, pursuant to the allocation made by Section 11.15(b),
Article IX, H.B. 1, Acts of the 78th Legislature, Regular Session,
2003, is allocated to the Texas Department of Insurance for the
purpose of performing the department's duties under Chapter 405,
Labor Code, as added by this Act, and the amount available for
transfer under Section 11.15(c), Article IX, H.B. 1, Acts of the
78th Legislature, Regular Session, 2003, is correspondingly
reduced by that amount.
(b) Rider 1 immediately following the appropriation to the
Research and Oversight Council on Workers' Compensation made by
H.B. 1, Acts of the 78th Legislature, Regular Session, 2003,
applies to the appropriation made by Subsection (a) of this
section.
(c) The special account established under Section 404.003,
Labor Code, as that section existed before being repealed by this
Act, is re-created and transferred to the Texas Department of
Insurance's General Revenue and Insurance Companies Maintenance
Tax and Insurance Department Fees Account to be used for the
purposes described by Section 405.003, Labor Code, as added by this
Act.
ARTICLE 22. EFFECTIVE DATE
SECTION 22.01. Except as otherwise provided by this Act,
this Act takes effect November 1, 2003.