SRC-JEC S.B. 5 78(3)   BILL ANALYSIS


Senate Research Center   S.B. 5
78S30147 KEG-DBy: Bivins
Finance
9/16/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 5 amends provisions relating to government organization.
The bill reassigns functions and duties of the State Aircraft Pooling
Board; the Research and Oversight Council on Workers' Compensation; the
Texas Commission on Private Security; and the Texas Council on
Environmental Technology.  S.B. 5 also amends provisions relating to the
computation of property values for school district funding purposes. 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the State Aircraft Pooling
Board is transferred to the Texas Department of Transportation in SECTION
1.12 (Section 2205.043, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  STATE AIRCRAFT POOLING

SECTION 1.01.  Amends the heading to Subchapter A, Chapter 2205,
Government Code, to read as follows: 

SUBCHAPTER A.  STATE AIRCRAFT POOLING; GENERAL PROVISIONS

SECTION 1.02.  Amends Section 2205.002(1), Government Code, to define
"department" and delete the definition of "board." 

SECTION 1.03.  Amends Section 2205.032, Government Code, to substitute
references to the State Aircraft Pooling Board with the Texas Department
of Transportation (TxDOT). 

SECTION  1.04.  Amends Section 2205.034, Government Code, to make
conforming changes. 

SECTION 1.05.  Amends Section 2205.035, Government Code, to make
conforming changes. 

SECTION 1.06.  Amends Section 2205.036, Government Code, to require TxDOT
to monitor and ensure compliance with the requirements of this section.
Makes conforming changes. 

SECTION 1.07.  Amends Section 2205.038, Government Code, to make
conforming changes. 

SECTION 1.08.  Amends Section 2205.039, Government Code, to require TxDOT
to monitor and ensure compliance by state agencies with the requirements
of this section.  Requires TxDOT to annually report to the Legislative
Budget Board on air travel information received under this section.  Makes
conforming changes. 

SECTION 1.09.  Amends Section 2205.040, Government Code, as follows:

(a)  Requires TxDOT to adopt rates for interagency aircraft services that
are sufficient to  recover all expenses incurred under this chapter,
rather than 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.
Deletes references to major maintenance, equipment and facility overhaul,
and pilot salaries. 

(b)  Requires TxDOT to deposit all revenue received under this chapter to
the credit of the state highway fund.  Makes money deposited to the credit
of the state highway fund under this chapter exempt from the application
of Section 403.095.  Deletes text regarding certain entities prescribing a
billing procedure for passenger travel on state-operated aircraft. 

(c)  Authorizes TxDOT to spend money from the state highway fund for
expenses incurred under this chapter. 

(d)  Provides that 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 1.10.  Amends Section 2205.041(a), Government Code, to make a
conforming change. 

SECTION 1.11.  Amends Section 2205.042, Government Code, to make
conforming changes. 

SECTION 1.12.  Amends Section 2205.043(b), Government Code, to make
conforming changes. 

SECTION 1.13.  Amends Section 2205.044, Government Code, to make a
conforming change. 

SECTION 1.14.  Amends Section 2205.045(a), Government Code, to make
conforming changes. 

SECTION 1.15.  Amends Section 2205.046, Government Code, to make
conforming changes. 

SECTION 1.16.  Amends Section 2205.047, Government Code, to make
conforming changes. 

SECTION 1.17.  Repealers:  Sections 2205.003-2205.019 (relating to the
State Aircraft Pooling Board), Government Code. 

SECTION 1.18.  Provides that on the effective date of this Act, the State
Aircraft Pooling Board is abolished and its functions are transferred to
TxDOT; its rules, policies, and procedures are continued in effect; a
reference to the State Aircraft Pooling Board means TxDOT; and the number
of full-time equivalent (FTE) positions allocated to the State Aircraft
Pooling Board by the 78th Legislature, Regular Session, 2003, is reduced
by 39 for fiscal years 2004 and 2005, and the number of FTEs allocated to
TxDOT is increased commensurately. 

SECTION 1.19.  (a)  Provides that all money collected by TxDOT under
Chapter 2205 (Aircraft Pooling), Government Code, during the state fiscal
biennium beginning September 1, 2003, is appropriated to TxDOT for that
biennium for the purpose of administering Chapter 2205, Government Code. 

(b)  Provides that 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 TxDOT for the state fiscal
biennium beginning September 1, 2003, for the purpose of administering
Chapter 2205, Government Code. 

SECTION 1.20.  Requires TxDOT, before March 1, 2004, to file with certain
officials and entities a complete and detailed report on the transfer of
powers and duties from the State Aircraft Pooling Board to TxDOT. 

 ARTICLE 2.  WORKERS' COMPENSATION RESEARCH

SECTION 2.01.  Amends Subtitle A, Title 5, Labor Code, by adding Chapter
405, as follows: 

CHAPTER 405.  WORKERS' COMPENSATION RESEARCH

Sec. 405.001.  DEFINITION.  Defines "department."  

Sec. 405.002.  WORKERS' COMPENSATION RESEARCH DUTIES OF DEPARTMENT.  (a)
Requires the Texas Department of Insurance (TDI) to conduct professional
studies and research related to certain matters relevant to the workers'
compensation system. 

(b)  Requires TDI to identify, collect, maintain, and analyze the key
information required to assess the operational effectiveness of the
workers' compensation system. Requires TDI to provide the information
obtained under this section to the governor and the legislature not later
than December 31 of each even-numbered year. 

(c)  Authorizes TDI to apply for and spend grant funds to implement this
chapter. 

(d)  Requires TDI to ensure that all research reports prepared under this
chapter or by the former Research and Oversight Council on Workers'
Compensation are accessible to the public through the Internet to the
extent practicable. 

Sec. 405.003.  FUNDING; MAINTENANCE TAX.  (a)  Provides that TDI'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)  Requires TDI to set the rate of the maintenance tax based on the
expenditures authorized and receipts anticipated in legislative
appropriations.  Prohibits the tax rates for insurance companies,
certified self-insurers, and self-insurance groups from exceeding a
certain percentage of certain bases. 

(c)  Provides that the tax imposed under Subsection (a) is in addition to
all other taxes imposed on those insurance carriers for workers'
compensation purposes. 

(d)  Requires the taxes on insurance companies and self-insurance groups
described by Subsection (a) to be assessed, collected, and paid in the
same manner and at the same time as the maintenance tax established for
the support of TDI under Article 5.68 (Maintenance Tax on Gross Premiums),
Insurance Code.  Provides that 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)  Requires amounts received under this section to be deposited in the
state treasury in accordance with Article 5.68(e), Insurance Code, to be
used for certain purposes. 

(f)  Provides that Section 403.095 (Use of Dedicated Revenue), Government
Code, does not apply to the special account established under this
section. 

Sec. 405.004.  COORDINATION WITH OTHER STATE AGENCIES; CONFIDENTIALITY.
(a)  Entitles TDI to access to certain files and records as required to
fulfill TDI's objectives under this chapter. 

(b)  Requires a state agency to assist and cooperate in providing the
information to  TDI. 

(c)  Provides that information that is confidential under state law is
accessible to TDI under rules of confidentiality and remains confidential. 

(d)  Provides that the identity of an individual or entity selected to
participate in a TDI survey or who participates in such a survey is
confidential and is not subject to public disclosure under Chapter 552
(Public Information), Government Code. 

SECTION 2.02.  (a)  Repealers:  Chapter 404 (Research and Oversight
Council on Workers' Compensation) and Section 413.021(f) (regarding
return-to-work coordination services), Labor Code. 

(b)  Abolishes the Research and Oversight Council on Workers'
Compensation, including its board of directors, on the effective date of
this Act.  Transfers all state records and other property to TDI.
Provides that any reference in law to the Research and Oversight Council
on Workers' Compensation, its board of directors, the Texas Workers'
Compensation Research Center, or the research center's board, means TDI or
the commissioner of insurance, as appropriate. 

(c)  Requires TDI to assume responsibility for any obligation incurred or
contract entered into by the Research and Oversight Council on Workers'
Compensation before the effective date of this article. 

(d)  Requires TDI to enter into an interagency agreement with the Texas
Workers' Compensation Commission to share the costs of continued
participation in the Workers' Compensation Research Institute's CompScope
multistate report series. 

SECTION 2.03.  Recreates and transfers the special account established
under Section 404.003, Labor Code, as that section existed before being
repealed by this Act, to TDI'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 3.  TEXAS COMMISSION ON PRIVATE SECURITY

SECTION 3.01.  Amends Section 1702.002, Occupations Code, by adding
Subdivisions (1-a) and (5-a), to define "board" and "department." 

SECTION 3.02.  Amends Subchapter A, Chapter 1702, Occupations Code, by
adding Section 1702.005, as follows: 

Sec. 1702.005.  DEPARTMENT OF PUBLIC SAFETY.  (a)  Provides that the Texas
Private Security Board (TPSB) created under Section 1702.021 is a part of
the Department of Public Safety (DPS).  Requires DPS to administer this
chapter through TPSB.  

(b)  Provides that a reference in this chapter or another law to the Texas
Commission on Private Security means TPSB. 

SECTION 3.03.  Amends Section 1702.021(a), Occupations Code, to provide
that TPSB consists of seven, rather than eight, certain members, appointed
by the governor with the advice and consent of the senate. 

SECTION 3.04.  Amends Section 1702.025, Occupations Code, as amended by
Chapter 1170, Acts of the 78th Legislature, Regular Session, 2003, and
Section 1702.026, Occupations Code, to make conforming changes. 

 SECTION 3.05.  Repealer:  Section 1702.022 (Ex Officio Commission
Member), Occupations Code. 

SECTION 3.06.  Requires the governor to appoint the members of TPSB, as
required under Section 1702.021, Occupations Code, as amended by this Act,
not later than the 60th day after the effective date of this Act.  Sets
forth terms for the initial appointments. 

SECTION 3.07.  (a)  Provides that on the 60th day after the effective date
of this Act, all functions and activities performed by the Texas
Commission on Private Security are transferred to TPSB; rules and forms
are transferred and remain in effect; a reference to the Texas Commission
on Private Security means TPSB; a complaint, investigation, or other
proceeding before the Texas Commission on Private Security is transferred
without change to TPSB; all property is transferred; and the unexpended
and unobligated balance of any appropriation is transferred. 

(b)  Authorizes the Texas Commission on Private Security, before the 60th
day after the effective date of this Act, to agree with DPS to transfer
any property to DPS to implement the transfer required by this Act. 

(c)  Requires the Texas Commission on Private Security, during the period
between the effective date of this Act and the 60th day after, to continue
to perform functions and activities as if that chapter had not been
amended by this Act, and continues the former law in effect for that
purpose. 

ARTICLE 4.  TEXAS COUNCIL ON ENVIRONMENTAL TECHNOLOGY

SECTION 4.01.  Amends Sections 386.051(a) and (b), Health and Safety Code,
to delete references to the Texas Council on Environmental Technology
(TCET). 

SECTION 4.02.  Amends Section 387.001. Health and Safety Code, as follows:

Sec. 387.001.  New heading:  DEFINITIONS.  Defines "commission."

SECTION 4.03.  Amends Section 387.003, Health and Safety Code, as amended
by Section 2, Chapter 29, and Section 13, Chapter 1331, Acts of the 78th
Legislature, Regular Session, 2003, to include responsibilities for the
Texas Commission on Environmental Quality (TCEQ) and to replace a
reference to TCET with TCEQ.  Deletes existing Subsection (c), regarding
grant making under the technology research and development program. 

SECTION 4.04.  Amends Section 387.004, Health and Safety Code, to make a
conforming change. 

SECTION 4.05.  Amends Sections 387.005(b) and (c), Health and Safety Code,
and Section 387.005(f), Health and Safety Code, as added by Section 3,
Chapter 29, Acts of the 78th Legislature, Regular Session, 2003, to make
conforming changes. 

SECTION 4.06.  Amends Section 387.006(b), Health and Safety Code, to make
a conforming change. 

SECTION 4.07.  Amends Section 387.007, Health and Safety Code, to make
conforming changes. 

SECTION 4.08.  Amends Section 387.008, Health and Safety Code, as amended
by Section 4, Chapter 29, Acts of the 78th Legislature, Regular Session,
2003, to delete a reference to fees collected under Section 387.003(c).
Provides that Sections 403.095 (Use of Dedicated Revenue) and 404.071
(Disposition of Interest on Investments), Government Code, do not apply to
the environmental research fund.  Requires interest earned on the fund to
be credited to the fund.  Makes conforming changes. 

SECTION 4.09.  Amends Sections 387.009 and 387.010, Health and Safety
Code, to require TCEQ  to ensure that all research reports under the
technology research and development program are accessible to the public,
including, as practicable, through TCEQ's Internet website.  Makes
conforming and nonsubstantive changes.  

SECTION 4.10.  Repealer:  Section 387.002(c) (regarding offices at the
Center for Energy and Environmental Resources at The University of Texas
at Austin), Health and Safety Code. 

SECTION 4.11.  Provides that, on the effective date of this Act, the
functions of TCET are transferred to TCEQ, including particular functions;
any contract or other obligation of TCET is transferred; and the property
and records of TCET and its predecessor agencies are transferred. 

ARTICLE 5.  EQUITABLE USE OF REVENUE AND UNIFORMITY IN RELATION TO SCHOOL
DISTRICT PROPERTY VALUES 

SECTION 5.01.  Amends Section 403.302, Government Code, by adding
Subsection (c-1), to provide that if after conducting the annual study for
the year 2002 the comptroller of public accounts (comptroller) determines
that the local value for a school district is invalid and the local value
exceeds the state value for the school district determined by the
comptroller, the taxable value for the school district for that year is
the district's state value as established by the comptroller.  Provides
that this subsection expires September 30, 2004. 

SECTION 5.02.  Repealer:  Section 403.302(m) (relating to determination of
school district property values), Government Code, as added by Chapter
1183, Acts of the 78th Legislature, Regular Session, 2003. 

SECTION 5.03.  Requires the commissioner of education (commissioner) to
compute the amount of funding under Chapters 42 (Foundation School
Program) and 46 (Assistance With Instructional Facilities and Payment of
Existing Debt), Education Code, to which each school district is entitled
for the 2003-2004 school year, and the wealth per student of each district
for purposes of Chapter 41 (Equalized Wealth Level), Education Code, for
the 2003-2004 school year, without regard to Chapter 1183, Acts of the
78th Legislature, Regular Session, 2003.  Requires the commissioner, if a
school district received an underallocation or overallocation of state
funds because a payment was computed in accordance with Chapter 1183, Acts
of the 78th Legislature, Regular Session, 2003, to adjust the computation
of the amount of payments for the remainder of the 2003-2004 school year
or take other action so that the total payments made to that district for
that school year equal the amount the district would have received for
that year had none of the payments been computed in accordance with
Chapter 1183. 

ARTICLE 6.  EFFECTIVE DATE

SECTION 6.01.  Effective date:  upon passage or on the 91st day after the
last day of the legislative session.