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By: Swinford, et al. (Senate Sponsor - Ogden) H.B. No. 7
(In the Senate - Received from the House September 17, 2003;
September 17, 2003, read first time and referred to Committee on
Finance; September 22, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 4;
September 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Ogden
A BILL TO BE ENTITLED
AN ACT
relating to the organization, board membership, and functions of
certain governmental agencies and to the transfer of certain
functions to other governmental agencies.
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
joint chairs 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 on the 91st day after the last day
of the legislative session.
ARTICLE 4. MEMBERS OF TEXAS VETERANS COMMISSION
SECTION 4.01. Subsection (c), Section 434.003, Government
Code, is amended to read as follows:
(c) A person having a less than honorable discharge from
military service is not eligible to be a member. No two members may
reside in the same senatorial district[, and not more than one
member may be from a senatorial district composed of a single
county].
ARTICLE 5. COMMISSIONER OF INSURANCE
SECTION 5.01. Section 31.023, Insurance Code, is amended to
read as follows:
Sec. 31.023. QUALIFICATIONS. The commissioner must:
(1) be a competent and experienced administrator;
(2) be well informed and qualified in the field of
insurance and insurance regulation; and
(3) have at least 10 years of experience as an
executive in the administration of business or government or as a
practicing attorney or certified public accountant[, with at least
five years of that experience in the field of insurance or insurance
regulation].
SECTION 5.02. The change in law made by this article to
Section 31.023, Insurance Code, applies only to the appointment of
the commissioner of insurance on or after the effective date of this
article. A commissioner of insurance appointed before the
effective date of this article is governed by the law as it existed
immediately before that date, and that law is continued in effect
for this purpose.
ARTICLE 6. PARDONS AND PAROLES
SECTION 6.01. Section 508.001, Government Code, is amended
by amending Subdivision (8) and adding Subdivision (10) to read as
follows:
(8) "Parole commissioner" means a person employed by
the board to perform the duties described by Section 508.0441
["Policy board" means the Board of Pardons and Paroles Policy
Board].
(10) "Presiding officer" means the presiding officer
of the Board of Pardons and Paroles.
SECTION 6.02. Subsection (a), Section 508.031, Government
Code, is amended to read as follows:
(a) The board consists of seven [18] members appointed by
the governor with the advice and consent of the senate.
SECTION 6.03. Section 508.034, Government Code, is amended
to read as follows:
Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualification required by Section 508.032(b) for appointment to the
board;
(2) is ineligible for membership under Section
508.033;
(3) is unable to discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(4) is absent from more than half of the regularly
scheduled board or panel meetings that the member is eligible to
attend during each calendar year, except when the absence is
excused by [majority vote of] the presiding officer [board].
(b) [It is a ground for removal from the board and the policy
board if a member of the policy board is absent from more than half
of the regularly scheduled policy board meetings that the member is
eligible to attend during each calendar year.
[(c)] The board administrator or the board administrator's
designee shall provide to members of the board[, to members of the
policy board,] and to employees, as often as necessary, information
regarding their qualification for office or employment under this
chapter and their responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
(c) [(d)] The validity of an action of[:
[(1)] the board or panel is not affected by the fact
that the action is taken when a ground for removal of a board member
exists[; and
[(2) the policy board is not affected by the fact that
the action is taken when a ground for removal of a member of the
policy board exists].
(d) [(e)] If the general counsel to the board has knowledge
that a potential ground for removal exists, the general counsel
shall notify the presiding officer of the board of the potential
ground. The presiding officer shall notify the governor and the
attorney general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
general counsel to the board shall notify the governor and the
attorney general that a potential ground for removal exists.
(e) [(f)] It is a ground for removal from the board that a
member fails to comply with policies or rules adopted by the
[policy] board.
SECTION 6.04. Section 508.035, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The presiding officer reports directly to the governor
and serves as the administrative head of the [policy board and the]
board.
(d) The presiding officer may:
(1) delegate responsibilities and authority to other
members of the board, to parole commissioners, or to employees of
the board;
(2) appoint advisory committees from the membership of
the board or from parole commissioners to further the efficient
administration of board business; and
(3) establish policies and procedures to further the
efficient administration of the business of the board.
SECTION 6.05. Section 508.036, Government Code, as amended
by Section 31.01, Chapter 1170, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 508.036. [POLICY BOARD: COMPOSITION;] GENERAL
ADMINISTRATIVE DUTIES. (a) The presiding officer [governor shall
designate seven members of the board to serve as the Board of
Pardons and Paroles Policy Board. The governor shall designate the
presiding officer of the board as one of the seven members of the
policy board, and the presiding officer of the board shall serve as
presiding officer of the policy board. Service on the policy board
is an additional duty of office for members appointed to the policy
board.
[(b) Members of the board designated as members of the
policy board serve on the policy board for six-year terms that are
concurrent with their six-year terms on the board, with the service
of two or three members expiring February 1 of each odd-numbered
year.
[(c) The policy board] shall:
(1) develop and implement policies that clearly
separate the policy-making responsibilities of the board and the
management responsibilities of the board administrator, parole
commissioners, and the staff of the board [adopt rules relating to
the decision-making processes used by the board and parole panels];
(2) establish caseloads and required work hours for
members of the board and parole commissioners [assign duties to
members of the policy board that are in addition to the duties those
members have in handling a caseload];
(3) update parole guidelines, assign precedential
value to previous decisions of the board relating to the granting of
parole and the revocation of parole or mandatory supervision, and
develop policies to ensure that members of the board and parole
commissioners use guidelines and previous decisions of the board
and parole commissioners in making decisions under this chapter;
(4) require members of the board and parole
commissioners to file activity reports[, on forms provided by the
policy board,] that provide information on release decisions made
by members of the board and parole commissioners, the workload and
hours worked of the members of the board and parole commissioners,
and the use of parole guidelines by members of the board and parole
commissioners; and
(5) report at least annually to the governor and the
legislature on the [board] activities of the board and parole
commissioners, parole release decisions, and the use of parole
guidelines by the board and parole commissioners.
(b) The board shall:
(1) adopt rules relating to the decision-making
processes used by the board and parole panels;
(2) prepare information of public interest describing
the functions of the board and make the information available to the
public and appropriate state agencies;
(3) comply with federal and state laws related to
program and facility accessibility; and
(4) prepare annually a complete and detailed written
report that meets the reporting requirements applicable to
financial reporting provided in the General Appropriations Act and
accounts for all funds received and disbursed by the board during
the preceding fiscal year.
(c) The board administrator shall prepare and maintain a
written plan that describes how a person who does not speak English
can be provided reasonable access to the board's programs and
services.
(d) The board, in performing its duties, is subject to the
open meetings law, Chapter 551, and the administrative procedure
law, Chapter 2001. This subsection does not affect the provisions
of Section 2001.223 exempting hearings and interviews conducted by
the board or the division from Section 2001.038 and Subchapters
C-H, Chapter 2001.
SECTION 6.06. Section 508.0362, Government Code, is amended
to read as follows:
Sec. 508.0362. TRAINING REQUIRED. (a)(1) A person who is
appointed to and qualifies for office as a member of the board [or
the policy board] may not vote, deliberate, or be counted as a
member in attendance at a meeting of the board [or policy board]
until the person completes at least one course of a training program
that complies with this section.
(2) A parole commissioner employed by the board may
not vote or deliberate on a matter described by Section 508.0441
until the person completes at least one course of a training program
that complies with this section.
(b) A training program must provide information to the
person regarding:
(1) the enabling legislation that created the board
[and the policy board];
(2) the programs operated by the board;
(3) the role and functions of the board and parole
commissioners;
(4) the rules of the board;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of the:
(A) open meetings law, Chapter 551;
(B) open records law, Chapter 552; and
(C) administrative procedure law, Chapter 2001;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
[policy] board or the Texas Ethics Commission.
(c) A person appointed to the board [or policy board] is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
SECTION 6.07. Subsection (a), Section 508.040, Government
Code, is amended to read as follows:
(a) The presiding officer is responsible for the employment
and supervision of [policy board shall employ and supervise]:
(1) parole commissioners;
(2) a general counsel to the board;
(3) [(2)] a board administrator to manage the
day-to-day activities of the board;
(4) [(3)] hearing officers;
(5) [(4)] personnel to assist in clemency and hearing
matters; and
(6) [(5)] secretarial or clerical personnel.
SECTION 6.08. Section 508.041, Government Code, is amended
to read as follows:
Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The
[policy] board shall develop and implement:
(1) a training program that each newly hired employee
of the board designated to conduct hearings under Section 508.281
must complete before conducting a hearing without the assistance of
a board member or experienced parole commissioner or designee; and
(2) a training program to provide an annual update to
designees of the board on issues and procedures relating to the
revocation process.
(b) The [policy] board shall prepare and biennially update a
procedural manual to be used by designees of the board. The
[policy] board shall include in the manual:
(1) descriptions of decisions in previous hearings
determined by the [policy] board to have value as precedents for
decisions in subsequent hearings;
(2) laws and court decisions relevant to decision
making in hearings; and
(3) case studies useful in decision making in
hearings.
(c) The [policy] board shall prepare and update as necessary
a handbook to be made available to participants in hearings under
Section 508.281, such as defense attorneys, persons released on
parole or mandatory supervision, and witnesses. The handbook must
describe in plain language the procedures used in a hearing under
Section 508.281.
SECTION 6.09. Section 508.042, Government Code, is amended
to read as follows:
Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE
COMMISSIONERS. (a) The [policy] board shall develop for board
members and parole commissioners a comprehensive training and
education program on the criminal justice system, with special
emphasis on the parole process.
(b)(1) A new member may not participate in a vote of the
board or a panel, deliberate, or be counted as a member in
attendance at a meeting of the board [or policy board] until the
member completes the program.
(2) A new parole commissioner may not participate in a
vote of a panel until the commissioner completes the program. This
subdivision does not apply to a new parole commissioner who as a
board member completed the program.
SECTION 6.10. Subchapter B, Chapter 508, Government Code,
is amended by amending Section 508.044 and adding Section 508.0441
to read as follows:
Sec. 508.044. POWERS AND DUTIES OF BOARD. [(a)] A board
member shall give full time to the duties of the member's office,
including[.
[(b) In addition to performing the] duties imposed on the
board by the Texas Constitution and other law.
Sec. 508.0441. RELEASE AND REVOCATION DUTIES. (a) Board[,
board] members and parole commissioners shall determine:
(1) which inmates are to be released on parole or
mandatory supervision;
(2) conditions of parole or mandatory supervision,
including special conditions;
(3) the modification and withdrawal of conditions of
parole or mandatory supervision;
(4) which releasees may be released from supervision
and reporting; and
(5) the continuation, modification, and revocation of
parole or mandatory supervision.
(b) [(c)] The [policy] board shall develop and implement a
policy that clearly defines circumstances under which a board
member or parole commissioner should disqualify himself or herself
from voting on:
(1) a parole decision; or
(2) a decision to revoke parole or mandatory
supervision.
(c) [(d)] The [policy] board may adopt reasonable rules as
[the policy board considers] proper or necessary relating to:
(1) the eligibility of an inmate for release on parole
or release to mandatory supervision;
(2) the conduct of a parole or mandatory supervision
hearing; or
(3) conditions to be imposed on a releasee.
(d) [(e)] The presiding officer [policy board] may provide
a written plan for the administrative review of actions taken by a
parole panel by a review panel [the entire membership or by a subset
of the entire membership of the board].
(e) [(f)] Board members and parole commissioners shall, at
the direction of the presiding officer, file activity reports on
duties performed under this chapter.
SECTION 6.11. Subsections (a) and (b), Section 508.045,
Government Code, are amended to read as follows:
(a) Except as provided by Section 508.046, board members and
parole commissioners shall act in panels composed of three [persons
each] in matters of:
(1) release on parole;
(2) release to mandatory supervision; and
(3) revocation of parole or mandatory supervision.
(b) The presiding officer [of the board] shall designate the
composition of each panel, and may designate panels composed only
of board members or composed of any combination of members and
parole commissioners.
SECTION 6.12. Subsection (a), Section 508.047, Government
Code, is amended to read as follows:
(a) The members of the [policy] board shall meet at least
once in each quarter of the calendar year at a site determined by
the presiding officer.
SECTION 6.13. Section 508.049, Government Code, is amended
to read as follows:
Sec. 508.049. MISSION STATEMENT. (a) The [policy] board,
after consultation with the governor and the Texas Board of
Criminal Justice, shall adopt a mission statement that reflects the
responsibilities for the operation of the parole process that are
assigned to the [policy board, the] board, the division, the
department, or the Texas Board of Criminal Justice.
(b) The [policy] board shall include in the mission
statement a description of specific locations at which the board
intends to conduct business related to the operation of the parole
process.
SECTION 6.14. Section 508.082, Government Code, is amended
to read as follows:
Sec. 508.082. RULES. The [policy] board shall adopt rules
relating to:
(1) the submission and presentation of information and
arguments to the board, a parole panel, and the department for and
in behalf of an inmate; and
(2) the time, place, and manner of contact between a
person representing an inmate and:
(A) a member of the board or a parole
commissioner;
(B) an employee of the board; or
(C) an employee of the department.
SECTION 6.15. Subsection (g), Section 508.141, Government
Code, as added by Chapter 349, 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, Chapter 6, 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 February 1, 2004,
and the terms of members serving on January 31, 2004, 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 February 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 the effective date of this article, a rule of the
Board of Pardons and Paroles Policy Board is a rule of the Board of
Pardons and Paroles.
ARTICLE 7. DESIGNATION OF PRESIDING OFFICERS
SECTION 7.01. Chapter 651, Government Code, is amended by
adding Section 651.010 to read as follows:
Sec. 651.010. APPOINTMENT OF PRESIDING OFFICERS BY
GOVERNOR. (a) In this section, "state agency" means a department,
commission, board, office, council, authority, or other agency in
the executive branch of state government that is created by the
constitution or a statute of this state, including:
(1) a university system or institution of higher
education as defined by Section 61.003, Education Code; and
(2) a river authority as defined by Section 30.003,
Water Code.
(b) Notwithstanding other law, the governor may designate a
member of the governing body of each state agency as the presiding
officer of that governing body to serve in that capacity at the
pleasure of the governor.
(c) The governor may designate as the presiding officer only
a member of the governing body who has been confirmed by the senate.
If no member of the governing body has been confirmed by the senate
and the legislature is not in session, the governor may designate as
the presiding officer a member who has not yet been confirmed by the
senate but who is subject to senate confirmation.
(d) This section does not apply to:
(1) a state agency that is headed by one or more
statewide-elected officials;
(2) a state agency for which a majority of the
governing body members are not subject to confirmation by the
senate;
(3) an entity that advises or reports to a state agency
headed by one or more statewide-elected officials;
(4) a river authority whose governing body is elected;
or
(5) a junior college district.
ARTICLE 8. REPORTS
SECTION 8.01. 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 8.02. The heading to Section 5.178, Water Code, is
amended to read as follows:
Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
[APPENDIXES].
SECTION 8.03. 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 8.04. (a) Sections 361.020, 361.0201, 361.0232,
361.0233, 361.0234, Subsection (d), Section 361.040, Subsection
(c), Section 361.0871, and Sections 361.510, 371.063, 382.141,
Health and Safety Code, are repealed.
(b) Subsection (c), Section 5.178, Water Code, is repealed.
ARTICLE 9. PERMITS OF THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
SECTION 9.01. (a) It is the policy of this state to be
effective and efficient with public funds, to provide for effective
and efficient management of natural resources, and to serve the
people of Texas by making the government more visible, accessible,
coherent, consistent, and accountable to the people of Texas. The
legislature finds that the Texas Commission on Environmental
Quality's procedures for processing permits is cumbersome,
confusing, lengthy, and inefficient for citizens, business,
political subdivisions, and the commission.
(b) The Texas Commission on Environmental Quality's
permitting processes warrant, and the legislature directs, an
in-depth evaluation, including the identification of problems,
potential options, and solutions. The evaluation must solicit and
consider input from all stakeholders, including public hearings and
the opportunity for submission of written and oral comments. The
solutions identified in the final assessment of the commission's
permitting processes must ensure that:
(1) all relevant environmental protection standards
are maintained at a level that at least equals the current level;
(2) the commission's permitting processes are
streamlined;
(3) the commission's permitting processes are
user-friendly to citizens and promote sound economic development;
and
(4) all stakeholder concerns are considered.
(c) A joint committee of the Senate Natural Resources
Committee and House Environmental Regulation Committee shall
conduct the evaluation and final assessment required by Subsection
(b) of this section and submit its findings not later than November
1, 2004, to the governor, the speaker of the house of
representatives, and the Texas Commission on Environmental
Quality.
(d) It is the intent of the legislature to effectuate the
appropriate solutions through legislation at the earliest
opportunity subsequent to receipt of the study committee's final
assessment.
ARTICLE 10. ORGANIZATION OF CERTAIN STATE AGENCIES; TRANSFER OF
CERTAIN FUNCTIONS
SECTION 10.01. Section 321.002(e), Government Code, is
amended to read as follows:
(e) The lieutenant governor and the speaker are joint chairs
of the committee. The committee shall elect [organize by electing]
one member to serve as [chairman and one member to serve as]
secretary.
SECTION 10.02. Sections 321.018(b) and (c), Government
Code, are amended to read as follows:
(b) Each subpoena must be signed by either of the joint
chairs of the committee [chairman] or the secretary of the
committee.
(c) On the request of either of the joint chairs of the
committee [chairman] or the secretary of the committee, the
sergeant at arms or an assistant sergeant at arms of either house of
the legislature or any peace officer shall serve the subpoena in the
manner prescribed for service of a district court subpoena.
SECTION 10.03. Section 322.001(b), Government Code, is
amended to read as follows:
(b) The lieutenant governor [is the chairman of the board]
and the speaker are joint chairs of the board [is the
vice-chairman].
SECTION 10.04. Sections 322.003(a) and (b), Government
Code, are amended 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 either of the joint chairs of the board [chairman] or on
written petition of a majority of the members of the board from each
house.
SECTION 10.05. Section 322.006, Government Code, is amended
to read as follows:
Sec. 322.006. APPROVAL OF EXPENSES. Before payment may be
made on an item of expense for the board, one of the joint chairs of
the board [chairman] must approve the expense.
SECTION 10.06. Section 322.009, Government Code, is amended
to read as follows:
Sec. 322.009. INSPECTION COMMITTEES. Either of the joint
chairs of the board [The chairman], with the approval of the board,
may appoint a committee to visit, inspect, and report on any state
institution, department, agency, officer, or employee.
SECTION 10.07. Section 322.013(d), Government Code, is
amended to read as follows:
(d) For purposes of carrying out its duties, the board may
administer oaths and issue subpoenas, signed by either of the joint
chairs of the board [chairman or vice-chairman], to compel the
attendance of witnesses and the production of books, records, and
documents. A subpoena of the board shall be served by a peace
officer in the manner in which district court subpoenas are served.
On application of the board, a district court of Travis County shall
compel compliance with a subpoena issued by the board in the same
manner as for district court subpoenas.
SECTION 10.08. Sections 322.001 through 322.014,
Government Code, are designated as Subchapter A, Chapter 322,
Government Code, and a heading to that subchapter is added to read
as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 10.09. Subchapter A, Chapter 322, Government Code,
as designated by this Act, is amended by adding Sections 322.015
through 322.018 to read as follows:
Sec. 322.015. REVIEW OF INTERSCHOLASTIC COMPETITION. The
board may periodically review and analyze the effectiveness and
efficiency of the policies, management, fiscal affairs, and
operations of an organization that is a component or part of a state
agency or institution and that sanctions or conducts
interscholastic competition. The board shall report the findings
to the governor and the legislature. The legislature may consider
the board's reports in connection with the legislative
appropriations process.
Sec. 322.016. PERFORMANCE REVIEW OF SCHOOL DISTRICTS. (a)
The board may periodically review the effectiveness and efficiency
of the operations of school districts. A review of a school
district may be initiated by the board at its discretion or on the
request of the school district. A review may be initiated by a
school district only by resolution adopted by a majority of the
members of the board of trustees of the district.
(b) If a review is initiated on the request of the school
district, the district shall pay 25 percent of the cost incurred in
conducting the review.
(c) The board shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with the school district, the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the standing committees of the
senate and the house of representatives with jurisdiction over
public education, and the commissioner of education; and
(3) make the entire report and a summary of the report
available to the public on the Internet.
Sec. 322.017. EFFICIENCY REVIEW OF STATE AGENCIES. (a) In
this section, "state agency" has the meaning assigned by Section
2056.001.
(b) The board periodically may review and analyze the
effectiveness and efficiency of the policies, management, fiscal
affairs, and operations of state agencies.
(c) The board shall report the findings of the review and
analysis to the governor and the legislature.
(d) The legislature may consider the board's reports in
connection with the legislative appropriations process.
Sec. 322.018. RECORDS MANAGEMENT REVIEW. (a) In this
section, "state agency" has the meaning assigned by Section
2056.001.
(b) The board may periodically review and analyze the
effectiveness and efficiency of the policies and management of a
state governmental committee or state agency that is involved in:
(1) analyzing and recommending improvements to the
state's system of records management; and
(2) preserving the essential records of this state,
including records relating to financial management information.
SECTION 10.10. Section 323.001(b), Government Code, as
amended by Chapter 1328, 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) six [five] senators from various areas of the
state appointed by the president of the senate; and
(5) five [nine] other members of the house of
representatives from various areas of the state appointed by the
speaker.
SECTION 10.11. 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 10.12. Chapter 323, Government Code, is amended by
adding Section 323.002 to read as follows:
Sec. 323.002. EXECUTIVE DIRECTOR. The council shall
appoint an executive director to serve at the will of the council.
SECTION 10.13. 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
either of the joint chairs of the council.
(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 10.14. 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 10.15. Sections 323.008(a)-(d), Government Code,
are amended to read as follows:
(a) If the council determines a need exists, either of 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 a joint chair [the 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, a joint chair [the
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 10.16. 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 10.17. 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 10.18. 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 10.19. The following laws are repealed:
(1) Section 403.020, Government Code;
(2) Section 403.0205, Government Code;
(3) Section 403.022, Government Code; and
(4) Section 403.024, Government Code.
SECTION 10.20. (a) If, on the effective date of this
article, more than five members of the house of representatives
appointed under Section 323.001(b)(5), Government Code, as amended
by this article, are serving as members of the Texas Legislative
Council:
(1) those members' terms on the council expire on the
effective date of this article; and
(2) the speaker of the house of representatives, as
soon as possible on or after the effective date of this article,
shall appoint five 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 article.
(b) The lieutenant governor, as soon as possible on or after
the effective date of this article, shall appoint an additional
senator to serve as a member of the Texas Legislative Council under
Section 323.001(b)(4), Government Code, as amended by this article.
SECTION 10.21. The lieutenant governor and the speaker of
the house of representatives, as soon as possible on or after the
effective date of the section of this article that amends Section
325.003, Government Code, 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 article, expiring September 1, 2005.
SECTION 10.22. On the effective date of this article:
(1) all records and other property of the comptroller
of public accounts that relate to a review of interscholastic
competition, a performance review of school districts, an
efficiency review of a state agency, or a records management review
are transferred to the Legislative Budget Board;
(2) all unexpended and unobligated appropriations of
the comptroller of public accounts relating to the comptroller's
review of interscholastic competition, performance review of
school districts, efficiency review of a state agency, or records
management review are transferred to the Legislative Budget Board;
(3) all employees of the comptroller of public
accounts whose primary functions relate to the review of
interscholastic competition, performance review of school
districts, efficiency review of state agencies, or records
management review become employees of the Legislative Budget Board;
and
(4) any reference in law to the comptroller of public
accounts that relates to the review of interscholastic competition,
performance review of school districts, efficiency review of state
agencies, or records management review means the Legislative Budget
Board.
SECTION 10.23. The section of this article that amends
Section 325.003, Government Code, 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, that section takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 11. UNCLAIMED PROPERTY
SECTION 11.01. 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 11.02. 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 11.03. Subsection (a), Section 74.001, Property
Code, as amended by Chapter 465, 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 11.04. Subsection (a), Section 74.101, Property
Code, as amended by Chapter 465, 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 11.05. Subsection (a), Section 74.301, Property
Code, as amended by Chapter 465, 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 11.06. Subchapter G, Chapter 61, Labor Code, as
added by Chapter 465, Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
SECTION 11.07. 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 12. TRANSFER AND USE OF CERTAIN REAL PROPERTY
SECTION 12.01. Section 4, Chapter 38, General Laws, Acts of
the 35th Legislature, Regular Session, 1917, is amended to read as
follows:
Sec. 4: If any portion greater than one-tenth of one acre of
said property be used by said city for any purpose except public
park and recreational purposes and purposes incident thereto, title
to said property shall revert to the State of Texas free from all
claims of said city of Austin. Sections 253.001(b) and (d), Local
Government Code, Chapter 272, Local Government Code, Chapter 26,
Parks and Wildlife Code, any similar charter provision of said
city, and any use restriction imposed by this Act do not apply to
the sale, conveyance, or lease of a portion of said property to an
owner of an interest in adjoining property if the portion of said
property is less than one-tenth of one acre. A lease, sale, or
conveyance of any interest in land described by Section 1 or 2 of
this Act shall be submitted to the commissioner of the General Land
Office for review and comment before the completion of the
transaction. If more than one portion of said property is used for
a purpose other than a purpose described by Section 2 of this Act,
the aggregate of those portions of said property may not exceed
one-tenth of one acre.
ARTICLE 13. CERTAIN GOVERNMENTAL CONTRACTS TO BE PERFORMED
IN NONATTAINMENT AREAS FOR NATIONAL AMBIENT AIR QUALITY STANDARDS
SECTION 13.01. Subsection (a), Section 2155.451,
Government Code, as added by Section 19, Chapter 1331, 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 13.02. Subsection (b), Section 271.907, Local
Government Code, as added by Section 20, Chapter 1331, 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 13.03. 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 14. TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM ASSETS
SECTION 14.01. Subsection (a), Section 845.301, Government
Code, as amended by Chapter 1103, 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.
ARTICLE 15. PARTICIPATION OF CERTAIN GOVERNMENTAL EMPLOYEES
AND RETIREES IN CERTAIN GROUP BENEFIT PLANS
SECTION 15.01. Section 1551.102, Insurance Code, is amended
by adding Subsection (i) to read as follows:
(i) Subject to Section 1551.323, an individual and the
individual's dependents are eligible to participate in the group
benefits program as an annuitant and the dependents of 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 15.02. Section 1551.111, Insurance Code, is amended
by adding Subsection (e) to read as follows:
(e) Subject to Section 1551.323, an individual and the
individual's dependents are eligible to participate in the group
benefits program as an annuitant and the dependents of 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 15.03. Section 1551.112, Insurance Code, is amended
by adding Subsection (c) to read as follows:
(c) Subject to Section 1551.323, an individual and the
individual's dependents are eligible to participate in the group
benefits program as an annuitant and the dependents of 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 15.04. 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),
1551.111(e), or 1551.112(c) is, except as provided by this
subsection, required to pay the total cost, as determined by the
board, attributable to the participation of that individual and the
dependents of that individual until the date the individual is 65
years of age. If the General Appropriations Act or other similar
legislation addresses the payment of those costs, those costs shall
be paid in the manner specified by that legislation.
(b) This section applies only to an individual who is
eligible to participate as an annuitant under Section 1551.102(i),
1551.111(e), or 1551.112(c) and who is not eligible to participate
under another provision of Section 1551.102, 1551.111, or 1551.112.
SECTION 15.05. Section 1575.004, Insurance Code, as amended
by Chapter 1231, Chapter 201, and Chapter 1276, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended to
read as follows:
Sec. 1575.004. DEFINITION OF RETIREE. (a) 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, which may
include up to five years of military service credit, but which may
not include any other service credit purchased for equivalent or
special service credit [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 2003-2004 school year and
at the time of retirement meets the requirements for eligibility as
a retiree as those requirements existed on August 31, 2004;
(C) purchased out-of-state service credit, and:
(i) had that service credited on or before
August 31, 2003;
(ii) retires on or before August 31, 2009;
and
(iii) at the time of retirement, meets the
requirements for eligibility for the group program for coverage as
a retiree as those requirements existed on August 31, 2004,
including using up to five years of out-of-state service toward
retiree eligibility;
(D) has taken a service retirement under the
Teacher Retirement System of Texas and who has at least 10 years of
service credit in the system, which may include up to [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 credit
but which may not include any other service credit purchased for
equivalent or special service credit [credited in the Teacher
Retirement System of Texas], and the sum of the individual's age and
amount of service credit described by this paragraph [earned for
service in the public schools of this state] equals or exceeds the
number 80; or
(E) has taken a service retirement under the
Teacher Retirement System of Texas on or before August 31, 2004, and
who is enrolled in the group program on August 31, 2004; 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.
(b) Each year of service credit in the system that an
individual would have received but for the individual's
participation in the deferred retirement option plan under
Subchapter I, Chapter 824, Government Code, is considered a year of
service credit solely for the purpose of meeting the definition of
"retiree" under Subsection (a)(1)(A) or (D).
(c) In this section, "public school" has the meaning
assigned by Section 821.001, Government Code.
SECTION 15.06. Section 1575.161(b), Insurance Code, as
added by Chapter 1231 and Chapter 201, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended to
read as follows:
(b) In addition to the enrollment periods authorized under
Subsection (a), a retiree who:
(1) is enrolled in the group program as of August 31,
2004, and who is 65 years of age or older on that date may select
coverage as described by Subsections (c) and (d) on September 1,
2004; [or]
(2) is enrolled in the group program as of August 31,
2004, and who is 65 years of age after that date may select coverage
as described by Subsections (c) and (d) on the date that the retiree
is 65 years of age; or
(3) enrolls in the group program on or after September
1, 2004, and who is 65 years of age or older on or after that date
may select coverage as described in Subsections (c) and (d) on the
date that the retiree is 65 years of age.
SECTION 15.07. Section 1575.161, Insurance Code, as added
by Chapter 213, Acts of the 78th Legislature, Regular Session,
2003, is redesignated as Section 1575.170, Insurance Code.
SECTION 15.08. Section 1575.211, Insurance Code, as added
by Chapter 1231 and Chapter 201, 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(a)(1)(B) is, except as provided by this subsection,
required to pay the total cost, as determined by the trustee,
attributable to the participation of that individual and the
dependents of that individual until the date the individual is
eligible under Section 1575.004. 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(a)(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(a)(1)(B) and who
is not eligible to participate under another provision of Section
1575.004 at the time of retirement.
SECTION 15.09. Subchapter E, Chapter 3, Insurance Code, is
amended by adding Article 3.50-8A to read as follows:
Art. 3.50-8A. ADMINISTRATION OF ACTIVE EMPLOYEE HEALTH
COVERAGE OR COMPENSATION SUPPLEMENTATION. (a) In administering
the program for active employee health coverage or compensation
supplementation established under Article 3.50-8 of this code
before September 1, 2004, in accordance with Article 3, Chapter
313, Acts of the 78th Legislature, Regular Session, 2003, each
year, the Teacher Retirement System of Texas, as trustee, shall
deliver to each school district, including a school district that
is ineligible for state aid under Chapter 42, Education Code, each
other education district that is a member of the Teacher Retirement
System of Texas, each participating charter school, and each
regional education service center, state funds in an amount, as
determined by the trustee, equal to:
(1) the product of the number of full-time active
employees employed by the district, school, or service center,
other than in the capacity of administrators, multiplied by $500 or
a greater amount as provided by the General Appropriations Act for
purposes of Article 3.50-8 of this code; and
(2) the product of the number of part-time active
employees employed by the district, school, or service center,
other than in the capacity of administrators, multiplied by $250 or
a greater amount as provided by the General Appropriations Act for
purposes of Article 3.50-8 of this code.
(b) An administrator of a district, charter school, or
service center described by Subsection (a) of this article is not
eligible to receive state funds under the program for active
employee health coverage or compensation supplementation.
(c) For purposes of this article, an individual is an
administrator of a district, charter school, or service center
described by Subsection (a) of this article if:
(1) 50 or more percent of the individual's time is
reported under any combination of the following role
identifications in the Public Education Information Management
System (PEIMS), or under any subsequently created role
identifications that describe roles that are substantially similar
to the ones identified in this subdivision:
(A) central administrators:
(i) assistant or associate superintendent
(004);
(ii) instructional officer (central
office, 012);
(iii) superintendent, CAO, CEO, or
president (027);
(iv) teacher supervisor (central office,
028);
(v) vocational education coordinator
(central office, 032);
(vi) athletic director (central office,
040);
(vii) business manager (043);
(viii) tax assessor or collector (044);
(ix) director--personnel/human resources
(045); or
(x) registrar (central office, 055); or
(B) campus administrators:
(i) assistant principal (003);
(ii) instructional officer (not central
office, 012);
(iii) principal (020);
(iv) teacher supervisor (not central
office, 028);
(v) vocational education coordinator (not
central office, 032);
(vi) athletic director (not central office,
040); or
(vii) registrar (not central office, 055);
(2) the individual is employed by a regional education
service center and 50 or more percent of the individual's time is
reported under any combination of the following role
identifications in the Public Education Information Management
System (PEIMS), or under any subsequently created role
identifications that describe roles that are substantially similar
to the ones identified in this subdivision:
(A) executive director (60);
(B) assistant, associate, or deputy executive
director (61);
(C) component or department director (62); or
(D) coordinator, manager, or supervisor (63); or
(3) regardless of how the individual's time is
reported in the Public Education Information Management System
(PEIMS), 50 or more percent of the individual's time is in a role
that is substantially similar to a role described by Subdivision
(1) or (2) of this subsection, as determined by the reporting entity
or combination of entities.
(d) This article applies notwithstanding Section 2(a),
Article 3.50-8, of this code, as that subsection existed before
amendment by Chapter 313, Acts of the 78th Legislature, Regular
Session, 2003, or as that subsection was amended by Section 57,
Chapter 201, Acts of the 78th Legislature, Regular Session, 2003.
(e) Sections 2(b), (c), and (d), Article 3.50-8, of this
code, as those sections existed before amendment by Chapter 313,
Acts of the 78th Legislature, Regular Session, 2003, apply to the
delivery of state funds under Subsection (a) of this article.
(f) The terms used in this article have the meanings
assigned by Section 1, Article 3.50-8 of this code.
(g) This article expires September 1, 2004.
SECTION 15.10. (a) Except as otherwise provided by this
section, 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.
(b) Sections 15.05 and 15.08 of this article take effect
September 1, 2004.
ARTICLE 16. ENERGY AND WATER CONSERVATION BY STATE AGENCIES
SECTION 16.01. Chapter 447, Government Code, is amended by
adding Sections 447.010 and 447.011 to read as follows:
Sec. 447.010. FUEL SAVINGS FOR STATE AGENCIES. (a) In
this section and in Section 447.011:
(1) "Cost-effective" means resulting in fuel
consumption reduction with a projected savings in fuel cost over a
one-year period that exceeds the cost of purchasing and using a
technology.
(2) "Fuel-saving technology" means a:
(A) device containing no lead metal that is
installed on a motor vehicle or non-road diesel and that has been
proven to reduce fuel consumption per mile or per hour of operation
by at least five percent;
(B) fuel additive registered in accordance with
40 C.F.R. Part 79 that contains no known mutagenic materials and
that has been proven to reduce fuel consumption per mile or per hour
of operation by at least five percent; or
(C) fuel registered in accordance with 40 C.F.R.
Part 79 that contains no known mutagenic materials and that has been
proven to reduce fuel consumption per mile or per hour of operation
by at least five percent.
(3) "Motor vehicle" and "non-road diesel" have the
meanings assigned by Section 386.101, Health and Safety Code.
(4) "Proven fuel-saving technologies" means
technologies shown to reduce fuel use by at least five percent in:
(A) a United States Environmental Protection
Agency fuel economy test performed at a laboratory recognized by
that agency and under federal test protocols;
(B) a fuel economy test performed in accordance
with protocols and at testing laboratories or facilities recognized
by the state energy conservation office, the Texas Commission on
Environmental Quality, or the United States Environmental
Protection Agency; or
(C) a field demonstration performed in
accordance with Section 447.011.
(b) A state agency with 10 or more motor vehicles or
non-road diesels shall reduce the total fuel consumption of the
vehicles or diesels by at least five percent from fiscal year 2002
consumption levels through the use of cost-effective fuel-saving
technologies.
(c) A state agency may delay reducing fuel use as described
in this section until a list of proven fuel-saving technologies is
provided by the state energy conservation office as provided by
Section 447.011.
(d) A state agency may not purchase or use as a fuel-saving
technology a technology that:
(1) is known to increase engine emissions above the
levels established by the United States Environmental Protection
Agency;
(2) may be reasonably concluded to degrade air quality
or human health or to negatively impact the environment; or
(3) is known to negatively affect the manufacturer's
warranty of a motor vehicle or non-road diesel.
(e) A state agency may purchase cost-effective fuel-saving
technologies out of the agency's fuel budget.
(f) A state agency shall evaluate similar fuel-saving
technologies competitively.
(g) A state agency may condition a purchase of a fuel-saving
technology on the seller's agreement to refund the cost of the
technology if the agency determines it to be ineffective at
reducing fuel use by at least five percent before the 91st day after
the date the technology is first used by the agency.
(h) A state agency may use a fuel-saving technology that the
agency determines is cost-effective and may use a fuel-saving
technology in applications that provide other benefits, including
emissions reductions.
(i) A state agency may establish a program for agency
employees voluntarily to:
(1) purchase fuel-saving technologies; and
(2) document reductions in fuel savings and air
emissions.
(j) A state agency shall report to the state energy
conservation office annually, on a form provided by the office, on
the state agency's efforts and progress under this section.
Sec. 447.011. FIELD DEMONSTRATIONS. (a) Under the
direction of the state energy conservation office, the Texas
Department of Transportation shall demonstrate the effectiveness
of at least four fuel-saving technologies on a combined maximum of
100 motor vehicles or non-road diesels in accordance with this
section to determine the fuel-saving technologies that may
cost-effectively reduce fuel consumption and save state revenue.
(b) The Texas Department of Transportation shall select
varying ages and types of motor vehicles and non-road diesels to
demonstrate the fuel-saving technologies and shall give a
preference to high-use motor vehicles and non-road diesels in the
selection.
(c) The Texas Department of Transportation shall
demonstrate the performance of fuel-saving technologies by:
(1) assessing a technology's performance in the normal
course of operations of motor vehicles or non-road diesels; and
(2) performing controlled field tests.
(d) In selecting the technologies to be evaluated, the state
energy conservation office shall:
(1) consult with governmental and business
organizations that are currently using fuel-saving technology;
(2) consider technologies that are proven fuel-saving
technologies that have demonstrated fuel economy benefits of five
percent or more in field tests or recorded use data of government
organizations or businesses that operate fleets; and
(3) determine whether each technology selected has the
potential to be cost-effective.
(e) A fuel-saving technology may be disqualified from being
demonstrated or used if it is known to reduce engine performance,
reduce the life of the engine, require additional maintenance
expenses, or degrade air quality.
(f) The Texas Commission on Environmental Quality, The
University of Texas Center for Transportation Research, the
University of Houston Diesel Emissions Center, or another agency
may be designated to assist with executing the demonstration,
compiling the results, estimating the potential average fuel
savings of the technologies in different applications, or preparing
a final report.
(g) On completing the demonstration described by this
section the state energy conservation office shall rank the
fuel-saving technologies based on their fuel savings, other cost
savings, and overall cost-effectiveness. The office shall:
(1) list recommended applications of the
technologies;
(2) document other negative or positive effects; and
(3) prepare a concise report of these findings.
(h) The Texas Commission on Environmental Quality shall
obtain information on any fuel-saving technology that appears to
reduce particulate matter, oxides of nitrogen, carbon monoxide, or
hydrocarbon emissions. The Texas Commission on Environmental
Quality may use this information to fund the United States
Environmental Protection Agency verification of a technology in
accordance with Section 387.003, Health and Safety Code.
(i) The state energy conservation office shall provide the
report prepared under Subsection (g) to each state agency with 10 or
more motor vehicles or non-road diesels and to the Legislative
Budget Board.
(j) The demonstration and associated reports described by
this section shall be completed not later than September 1, 2004.
(k) All results of a demonstration project under this
section shall be made public on the state energy conservation
office's Internet website.
(l) The state energy conservation office shall provide
quarterly an updated list of all proven fuel-saving technologies on
its Internet website.
(m) Money from the state highway fund may not be used for the
purchase, installation, maintenance, or operation of the
fuel-saving technologies being assessed or subjected to controlled
field tests under this section. Repairs to state equipment
resulting from demonstrations of fuel-saving technologies must be
paid from the same funds used to implement this section.
SECTION 16.02. 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 17. CLOSURE OF CERTAIN PROGRAMS ON LOW-PERFORMING
CAMPUSES
SECTION 17.01. Subsection (b), Section 39.132, Education
Code, as amended by Chapter 342, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(b) If a campus has been a low-performing campus for a
period of two consecutive years or more, the commissioner shall
order the closure of the district or charter program on the campus
or reconstitute the campus. In reconstituting the campus, a
special campus intervention team shall be assembled for the purpose
of deciding which educators may be retained at that campus. If an
educator is not retained, the educator shall be assigned to another
position in the district.
(1) the educator's employment with the school district
may be terminated under Section 21.157, if applicable; or
(2) the educator may be assigned to another position
in the district.
ARTICLE 18. PARTICIPATION IN STATE EMPLOYEE CHARITABLE CAMPAIGN
SECTION 18.01. A federation or organization that has
participated in the state employee charitable campaign authorized
by Subchapter I, Chapter 659, Government Code, is not barred from
participation in the program, both in terms of actual participation
and the purposes for which the contributions are used, solely as a
result of changes made in the law by Sections 35, 36, 37, and 121,
Chapter 1310, Acts of the 78th Legislature, Regular Session, 2003.
This section is not intended to excuse a federation or organization
from compliance with any other law, rule, or state policy.
ARTICLE 19. CERTAIN AGREEMENTS OF THE
TEXAS DEPARTMENT OF TRANSPORTATION
SECTION 19.01. 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 20. ALCOHOLIC BEVERAGE REGULATION
SECTION 20.01. Section 105.07(b), Alcoholic Beverage Code,
as added by Chapter 946, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(b) Notwithstanding any other provision of this code, in
addition to any other period during which the sale and consumption
of alcohol is authorized under this code:
(1) a licensed or permitted premises located in a
sports venue may sell alcoholic beverages between 10 a.m. and noon;
[(2) a licensed or permitted premises located in a
public entertainment facility that has provisions for overnight
camping may allow a person to bring an alcoholic beverage onto the
premises, consume the beverage on the premises, and remove the
beverage from the premises;] and
(2) [(3)] a person may consume alcoholic beverages at
a sports venue between 10 a.m. and noon.
ARTICLE 21. APPROPRIATIONS TO TEXAS DEPARTMENT OF PUBLIC SAFETY
SECTION 21.01. Section 12.03, Article IX, Chapter 1330,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is amended by adding Subsection (e) to read as
follows:
(e) Regardless of the date on which an employee described by
this subsection retires, the appropriation of the Department of
Public Safety for fiscal year 2004 or 2005 may not be reduced under
Subsection (a) of this section as the result of the retirement of a
Department of Public Safety employee who is a commissioned peace
officer and who retires as provided by Section 814.1051, Government
Code, as added by Chapter 735, Acts of the 78th Legislature, Regular
Session, 2003. The Department of Public Safety may use money that
would otherwise have been reduced under Subsection (a) of this
section only to comply with Rider 39 following the appropriation to
the department. Lump-sum retirement incentive payments for
employees of the Department of Public Safety who are commissioned
peace officers and who retire as provided by Section 814.1051,
Government Code, shall be paid in accordance with Subsections
(b)(1) and (c) of this section.
ARTICLE 22. AUDIT OF TAX SETTLEMENT
SECTION 22.01. Chapter 321, Government Code, is amended by
adding Section 321.0138 to read as follows:
Sec. 321.0138. AUDIT OF STATE TAX SETTLEMENT. (a) This
section applies to a settlement of:
(1) a claim for a tax, penalty, or interest imposed by
Title 2, Tax Code, if the amount the taxpayer is required to pay
under the settlement is more than $10,000 less than the amount the
comptroller claimed the taxpayer owed before the date of the
settlement;
(2) a claim for a refund or credit of a tax, penalty,
or interest imposed by Title 2, Tax Code, if the amount of the
refund or credit under the settlement exceeds $10,000; or
(3) a taxpayer suit under Chapter 112, Tax Code, in
which the amount to be paid to or refunded or credited to the
taxpayer under the settlement exceeds $10,000.
(b) The state auditor may audit a tax settlement to which
this section applies. In determining whether this section applies
and in conducting the audit, the state auditor is entitled to access
to information related to the settlement to the same extent the
state auditor would be entitled under Section 321.013 if the
information were in a department or entity that is subject to audit.
(c) Notwithstanding any other law, including Sections
111.006, 151.027, and 171.206, Tax Code, the legislative audit
committee may release the name of a taxpayer that is subject to a
settlement to which this section applies and the amount of the
relief the taxpayer received as a result of the settlement. The
legislative audit committee may not release any other information
made confidential by those laws or other law.
ARTICLE 23. COMPTROLLER OF PUBLIC ACCOUNTS
SECTION 23.01. Section 403.0131, Government Code, is
amended to read as follows:
Sec. 403.0131. APPROPRIATION CERTIFICATION [SUMMARY]. (a)
Not later than the 10th day, excluding Sundays, after the date on
which an act making an appropriation is reported enrolled by the
house of origin, the comptroller shall complete the evaluation and
certification of the appropriation required by Section 49a(b),
Article III, Texas Constitution.
(b) As soon as practical after the comptroller certifies the
appropriations made by the legislature in a regular or special
session, the comptroller shall prepare a summary table that details
the basis for the certification of all major funds. The table must
be similar in format and detail to the summary tables of the major
fund estimates published in the comptroller's biennial revenue
estimate and must include the biennial appropriations from all
major funds. The comptroller shall deliver a copy of each table
prepared under this section to the governor, the lieutenant
governor, the speaker of the house of representatives, each member
of the legislature, and the Legislative Budget Board.
ARTICLE 24. EFFECTIVE DATE
SECTION 24.01. Except as otherwise provided by this Act,
this Act takes effect on the 91st day after the last day of the
legislative session.
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