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H.B. No. 28
AN ACT
relating to state and local government fiscal management, including
various matters related to increasing administrative efficiency in
state government; making related appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. WORKERS' COMPENSATION RESEARCH
SECTION 1.01. Subtitle A, Title 5, Labor Code, is amended by
adding Chapter 405 to read as follows:
CHAPTER 405. WORKERS' COMPENSATION RESEARCH
Sec. 405.001. DEFINITION. In this chapter, "department"
means the Texas Department of Insurance.
Sec. 405.002. WORKERS' COMPENSATION RESEARCH DUTIES OF
DEPARTMENT. (a) The department shall conduct professional studies
and research related to:
(1) the delivery of benefits;
(2) litigation and controversy related to workers'
compensation;
(3) insurance rates and rate-making procedures;
(4) rehabilitation and reemployment of injured
workers;
(5) workplace health and safety issues;
(6) the quality and cost of medical benefits; and
(7) other matters relevant to the cost, quality, and
operational effectiveness of the workers' compensation system.
(b) The department may apply for and spend grant funds to
implement this chapter.
(c) The department shall 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) The
department's duties under this chapter are funded through the
assessment of a maintenance tax collected annually from all
insurance carriers, and self-insurance groups that hold
certificates of approval under Chapter 407A, except governmental
entities.
(b) The department shall set the rate of the maintenance tax
based on the expenditures authorized and the receipts anticipated
in legislative appropriations. The tax rate for insurance
companies may not exceed one-tenth of one percent of the correctly
reported gross workers' compensation insurance premiums. The tax
rate for certified self-insurers may not exceed one-tenth of one
percent of the total tax base of all certified self-insurers, as
computed under Section 407.103(b). The tax rate for self-insurance
groups described by Subsection (a) may not exceed one-tenth of one
percent of the group's gross premium for the group's retention,
excluding premium collected by the group for excess insurance.
(c) The tax imposed under Subsection (a) is in addition to
all other taxes imposed on those insurance carriers for workers'
compensation purposes.
(d) The tax on insurance companies and on self-insurance
groups described by Subsection (a) shall be assessed, collected,
and paid in the same manner and at the same time as the maintenance
tax established for the support of the department under Article
5.68, Insurance Code. The tax on certified self-insurers shall be
assessed, collected, and paid in the same manner and at the same
time as the self-insurer maintenance tax collected under Section
407.104.
(e) Amounts received under this section shall be deposited
in the state treasury in accordance with Article 5.68(e), Insurance
Code, to be used:
(1) for the operation of the department's duties under
this chapter; and
(2) to reimburse the general revenue fund in
accordance with Article 4.19, Insurance Code.
(f) Section 403.095, Government Code, does not apply in
relation to amounts received under this section or to any special
account into which the amounts are deposited.
Sec. 405.004. COORDINATION WITH OTHER STATE AGENCIES;
CONFIDENTIALITY. (a) As required to fulfill the department's
objectives under this chapter, the department is entitled to access
to the files and records of:
(1) the commission;
(2) the Texas Workforce Commission;
(3) the Texas Department of Human Services;
(4) the State Office of Risk Management; and
(5) other state agencies.
(b) A state agency shall assist and cooperate in providing
information to the department.
(c) Information that is confidential under state law is
accessible to the department under rules of confidentiality and
remains confidential.
(d) The identity of an individual or entity selected to
participate in a department survey or who participates in such a
survey is confidential and is not subject to public disclosure
under Chapter 552, Government Code.
SECTION 1.02. (a) Chapter 404 and Section 413.021(f),
Labor Code, are repealed.
(b) The Research and Oversight Council on Workers'
Compensation, including the council's board of directors, is
abolished on the effective date of this Act. All state records and
other property of the council on the effective date of this Act are
transferred to the Texas Department of Insurance. Any reference in
law to the Research and Oversight Council on Workers' Compensation,
the council's board of directors, the Texas Workers' Compensation
Research Center, or the research center's board means the Texas
Department of Insurance or the commissioner of insurance, as
appropriate.
(c) The Texas Department of Insurance shall 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) The Texas Department of Insurance shall 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 1.03. The special account established under Section
404.003, Labor Code, as that section existed before being repealed
by this Act, is re-created and transferred to the Texas Department
of Insurance's General Revenue and Insurance Companies Maintenance
Tax and Insurance Department Fees Account to be used for the
purposes described by Section 405.003, Labor Code, as added by this
Act.
SECTION 1.04. The Sunset Advisory Commission, as part of
its current review of the Texas Workers' Compensation Commission,
shall study and make recommendations to the legislature regarding
whether it would be advisable to create a separate independent
agency the primary purpose of which would be to study issues
relating to workers' compensation. The Texas Workers' Compensation
Commission, the Texas Department of Insurance, and any other
relevant state agency shall on request promptly provide information
and any necessary support to the Sunset Advisory Commission to
assist the Sunset Advisory Commission in performing the study.
ARTICLE 2. TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 2.01. Section 1702.002, Occupations Code, is
amended by adding Subdivisions (1-a) and (5-a) to read as follows:
(1-a) "Board" means the Texas Private Security Board.
(5-a) "Department" means the Department of Public
Safety of the State of Texas.
SECTION 2.02. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Sections 1702.005 and 1702.006 to read as
follows:
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board
created under Section 1702.021 is a part of the department. The
department shall administer this chapter through the board.
(b) A reference in this chapter or another law to the Texas
Commission on Private Security means the board.
Sec. 1702.006. TEXAS DEPARTMENT OF HEALTH. (a) In this
section, "personal emergency response system" means an alarm system
that is:
(1) installed in the residence of a person;
(2) monitored by an alarm systems company;
(3) designed only to permit the person to signal the
occurrence of a medical or personal emergency on the part of the
person so that the company may dispatch appropriate aid; and
(4) not part of a combination of alarm systems that
includes a burglar alarm or fire alarm.
(b) Notwithstanding the other provisions of this chapter,
the Texas Department of Health shall administer the provisions of
this chapter that are applicable to the following persons:
(1) an alarm systems company that sells, installs,
services, monitors, or responds to only personal emergency response
systems;
(2) an alarm systems installer who installs,
maintains, or repairs only personal emergency response systems;
(3) a manager or branch office manager of an alarm
systems company described by Subdivision (1);
(4) a security salesperson who is employed by an alarm
systems company described by Subdivision (1) to sell services
offered by the company; and
(5) an owner, officer, partner, or shareholder of an
alarm systems company described by Subdivision (1).
(c) A reference in this chapter or another law to the Texas
Commission on Private Security in connection with a person
described by Subsection (b) means the Texas Department of Health.
SECTION 2.03. Section 1702.021(a), Occupations Code, as
amended by Chapter 1170, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The Texas [Commission on] Private Security Board
consists of seven [eight] members appointed by the governor with
the advice and consent of the senate as follows:
(1) four public members, each of whom is a citizen of
the United States;
(2) one member who[:
[(A)] is licensed under this chapter as a private
investigator;
[(B) has been engaged as a private investigator
for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission;]
(3) one member who is licensed under this chapter as an
alarm systems company; and [who:
[(A) has been engaged as an alarm systems company
for at least the five years preceding appointment; and
[(B) is not employed by a person who employs
another member of the commission;]
(4) one member who[:
[(A)] is licensed under this chapter as the owner
or operator of a guard company[;
[(B) has been the owner or operator of the guard
company for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission; and
[(5) one member who:
[(A) holds a license, security officer
commission, or registration under this chapter;
[(B) has been engaged in activity regulated by
the commission under this chapter for at least the five years
preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission].
SECTION 2.04. Section 1702.025, Occupations Code, as
amended by Chapter 1170, Acts of the 78th Legislature, Regular
Session, 2003, and Section 1702.026, Occupations Code, are amended
to read as follows:
Sec. 1702.025. TERMS; VACANCIES. (a) The board [appointed
commission] members serve staggered six-year terms, with the terms
of two or three [appointed] members expiring on January 31 of each
odd-numbered year.
(b) If a vacancy occurs during the term of a board [an
appointed commission] member, the governor shall appoint a new
member to fill the unexpired term.
Sec. 1702.026. OFFICERS. (a) The governor shall designate
one board [commission] member as presiding officer to serve in that
capacity at the will of the governor. The governor shall designate
the presiding officer without regard to race, creed, color,
disability, sex, religion, age, or national origin.
(b) The board [commission, including the representative of
the director of the Texas Department of Public Safety if one is
designated,] shall elect from among its members an assistant
presiding officer and a secretary to serve two-year terms beginning
on September 1 of each odd-numbered year.
(c) The presiding officer of the board [commission] or, in
the absence of the presiding officer, the assistant presiding
officer shall preside at each board [commission] meeting and
perform the other duties prescribed by this chapter.
SECTION 2.05. Subchapter D, Chapter 1702, Occupations Code,
is amended by adding Section 1702.0615 to read as follows:
Sec. 1702.0615. PLACEMENT OF PRIORITY ON PROCESSING CERTAIN
APPLICATIONS. (a) In performing its functions and duties under
this chapter, the board shall place a high priority on processing
applications for licenses, security officer commissions, and
registrations filed by persons who provide protection for critical
infrastructure, as defined by Section 421.001, Government Code.
(b) The board shall act on an application described by
Subsection (a) as expeditiously as possible but not later than the
60th day after the date the board receives the application.
(c) This section expires December 1, 2005.
SECTION 2.06. Section 1702.022, Occupations Code, is
repealed.
SECTION 2.07. Not later than February 1, 2004, the governor
shall appoint the members of the Texas Private Security Board, as
required under Section 1702.021, Occupations Code, as amended by
this article. In appointing the initial members of the board under
this section, the governor shall appoint:
(1) two members for terms expiring January 31, 2005;
(2) two members for terms expiring January 31, 2007;
and
(3) three members for terms expiring January 31, 2009.
SECTION 2.08. (a) On February 1, 2004:
(1) all functions and activities performed by the
Texas Commission on Private Security immediately before that date
are transferred to the Texas Private Security Board of the
Department of Public Safety of the State of Texas or the Texas
Department of Health, as applicable;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board or the Texas Department of Health, as applicable, and remains
in effect until amended or replaced by that board or department;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board or the Texas Department of Health, as applicable;
(4) a complaint, investigation, or other proceeding
before the Texas Commission on Private Security is transferred
without change in status to the Texas Private Security Board or the
Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health, and the Texas Private
Security Board or the Texas Department of Health, as applicable,
assumes, as appropriate and without a change in status, the
position of the Texas Commission on Private Security in an action or
proceeding to which the Texas Commission on Private Security is a
party;
(5) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board or the Texas Department of Health, as determined by a
memorandum of understanding between the Department of Public Safety
of the State of Texas and the Texas Department of Health; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Commission on
Private Security is transferred to the Texas Private Security Board
or the Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health.
(b) Before February 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas and the Texas Department of Health to transfer any property
of the Texas Commission on Private Security to the Department of
Public Safety of the State of Texas or the Texas Department of
Health to implement the transfer required by this article.
(c) During the period beginning on the effective date of
this article and ending on February 1, 2004, the Texas Commission on
Private Security shall continue to perform functions and activities
under Chapter 1702, Occupations Code, as if that chapter had not
been amended by this article, and the former law is continued in
effect for that purpose.
ARTICLE 3. EQUITABLE USE OF REVENUE AND UNIFORMITY IN RELATION TO
SCHOOL DISTRICT PROPERTY VALUES
SECTION 3.01. Section 403.302, Government Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c), if after conducting
the annual study for the year 2002 the 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 under Subsections (a) and (b), the taxable value for
the school district for that year is the district's state value as
established by the comptroller. This subsection expires September
30, 2004.
SECTION 3.02. Section 403.302(m), Government Code, as added
by Chapter 1183, Acts of the 78th Legislature, Regular Session,
2003, is repealed.
SECTION 3.03. The commissioner of education shall compute
the amount of funding under Chapters 42 and 46, Education Code, to
which each school district is entitled for the 2003-2004 school
year, and the wealth per student of each school district for
purposes of Chapter 41, Education Code, for the 2003-2004 school
year, without regard to Chapter 1183, Acts of the 78th Legislature,
Regular Session, 2003. If a school district received an
underallocation or overallocation of state funds because a payment
made before the effective date of this Act was computed in
accordance with Chapter 1183, Acts of the 78th Legislature, Regular
Session, 2003, the commissioner shall adjust the computation of the
amount of the payments made to the school district for the remainder
of the 2003-2004 school year or take other action so that the total
payments made to that school district for that school year equal the
amount the school district would have received for that school year
had none of the payments been computed in accordance with Chapter
1183, Acts of the 78th Legislature, Regular Session, 2003.
ARTICLE 4. REPAYMENT OF CASH TRANSFERRED
FROM FUNDS OUTSIDE OF STATE TREASURY
SECTION 4.01. For the state fiscal biennium beginning
September 1, 2003, the comptroller is appropriated from the general
revenue fund the amount needed to return any available cash that was
transferred to that fund from a fund outside the state treasury and
to maintain the equity of the fund from which the transfer was made,
as required by Section 403.092, Government Code, as amended by
Section 19, Chapter 1310, Acts of the 78th Legislature, Regular
Session, 2003.
SECTION 4.02. Not more than $5,000,000 of the appropriation
made by Section 4.01 of this Act may be used to allocate earned
interest to a fund outside the state treasury under Section
403.092(a), Government Code.
SECTION 4.03. During the state fiscal biennium beginning
September 1, 2003, the comptroller shall return available cash that
has been transferred from a fund outside the state treasury to a
fund within the state treasury under Section 403.092(a), Government
Code, together with the earned interest on the transferred amount,
to the fund from which the available cash was transferred within 14
days after the date on which the available cash was transferred.
ARTICLE 5. APPROPRIATION OF VETOED FUNDS; CLARIFICATION OF USE
OF BUDGET EXECUTION PROCESS FOR STATE FISCAL RELIEF
SECTION 5.01. (a) Section 11.28, Article IX, Chapter 1330,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is amended by amending Subsection (a) and
adding Subsections (c) and (d) to read as follows:
(a) Notwithstanding other provisions of this Act, based
upon the passage of federal legislation that provides federal funds
for the purpose of state fiscal relief, such funds are
appropriated[, after the implementation of Section 11.15,
Contingency Appropriation Reduction and Contingency
Appropriation,] to the Comptroller of Public Accounts in the fiscal
year in which the funds are received for the purpose of transferring
funds to state agencies for state fiscal relief, as directed by the
Governor and Legislative Budget Board acting under Chapter 317,
Government Code, and in accordance with [provided by] subsection
(b) of this section.
(c) Notwithstanding Section 11.15(b) of this article, an
amount equal to the sum of the General Revenue Fund and general
revenue dedicated account appropriations contained in this Act that
are vetoed by the Governor under Section 14, Article IV, Texas
Constitution, is appropriated out of the General Revenue Fund or
appropriate general revenue dedicated account to the Comptroller of
Public Accounts for the state fiscal biennium beginning September
1, 2003, for the purpose of transferring funds to state agencies for
state fiscal relief, as directed by the Governor and Legislative
Budget Board acting under Chapter 317, Government Code, and in
accordance with subsection (b) of this section.
(d) This section does not prohibit the Governor and the
Legislative Budget Board, acting under Chapter 317, Government
Code, from making an emergency transfer of money appropriated by
this section, based on need, to an agency or for a purpose that is
not described by subsection (b) of this section.
(b) In the event of a conflict between this Act and another
Act enacted by the 78th Legislature, 3rd Called Session, 2003, that
becomes law and that amends Section 11.28, Article IX, Chapter
1330, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act), this Act controls.
SECTION 5.02. The heading to Section 11.28, Article IX,
Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003
(the General Appropriations Act), is amended to read as follows:
Sec. 11.28. Appropriation of State Fiscal Relief Federal
Funds and Reappropriation for State Fiscal Relief of Vetoed General
Revenue Appropriations.
ARTICLE 6. REPEAL OF TECHNOLOGY ADVANCEMENT APPROPRIATION
TO SUPREME COURT OF TEXAS
SECTION 6.01. Rider 5 following the appropriation to the
Supreme Court of Texas on page IV-2, Chapter 1330, Acts of the 78th
Legislature, Regular Session, 2003 (the General Appropriations
Act), is repealed.
ARTICLE 7. DEDICATION OF PERMIT FEE REVENUE
SECTION 7.01. Notwithstanding Chapter 1296, Acts of the
78th Legislature, Regular Session, 2003, the permit fee revenue
collected under and dedicated to the state highway fund by Chapter
786, Acts of the 78th Legislature, Regular Session, 2003, is
rededicated to the state highway fund for the purposes described by
Chapter 786.
ARTICLE 8. B-ON-TIME PROGRAM
SECTION 8.01. (a) Section 56.465(a), Education Code, as
added by Chapter 779, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The governing board of each institution of higher
education shall cause to be set aside five percent of the amount of
the tuition charged to a resident undergraduate student at the
institution under Section 54.0513 [that is] in excess of $46 per
semester credit hour. The amount of a student's tuition set aside
under this subsection is considered a part of the amount required to
be set aside from that tuition under Section 56.011 [the amount that
would have been charged to the student under that section for the
same semester or term in the 2002-2003 academic year].
(b) The change in law made by this section to Section
56.465(a), Education Code, applies only to a semester or term that
begins on or after the effective date of this Act.
SECTION 8.02. Section 8.02, Chapter 1266, Acts of the 78th
Legislature, Regular Session, 2003, is amended by adding Subsection
(f-1) to read as follows:
(f-1) In its review, the committee shall evaluate whether
students enrolled in private and independent institutions of higher
education should remain eligible to receive Texas B-On-time loans
under Subchapter Q, Chapter 56, Education Code. The committee
shall include the results of its evaluation in the report required
by Subsection (i) of this section.
ARTICLE 9. FINANCING PROVIDED UNDER PRODUCT DEVELOPMENT
AND SMALL BUSINESS INCUBATOR PROGRAM
SECTION 9.01. Section 489.213, Government Code, as added by
Chapter 814, Acts of the 78th Legislature, Regular Session, 2003,
is amended by amending Subsections (b) and (e) and adding
Subsection (h) to read as follows:
(b) In determining eligible products and [small]
businesses, the bank shall give special preference to products or
businesses in the areas of semiconductors, nanotechnology,
biotechnology, and biomedicine that have the greatest likelihood of
commercial success, job creation, and job retention in this state.
The bank shall give further preference to providing financing to
projects or businesses that are:
(1) grantees under the small business innovation
research program established under 15 U.S.C. Section 638, as
amended;
(2) companies formed in this state to commercialize
research funded at least in part with state funds;
(3) applicants that have acquired other sources of
financing;
(4) companies formed in this state and receiving
assistance from designated state small business development
centers; or
(5) applicants who are residents of this state doing
business in this state and performing financed activities
predominantly in this state.
(e) The board may appoint an advisory committee of experts
in the areas of semiconductors, nanotechnology, biotechnology, and
biomedicine to review projects and businesses seeking financing
from the bank.
(h) Any business in this state is eligible for funding
distributed through the small business incubator fund if it is
determined that the business is substantially likely to develop and
expand the opportunities for small businesses in the semiconductor,
nanotechnology, biotechnology, or biomedicine industry in this
state.
SECTION 9.02. Section 489.213(f), Government Code, as added
by Chapter 814, Acts of the 78th Legislature, Regular Session,
2003, is repealed.
ARTICLE 10. REVENUE BONDS FOR TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
SECTION 10.01. Subchapter B, Chapter 55, Education Code, is
amended by adding Section 55.1749 to read as follows:
Sec. 55.1749. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
REVENUE BONDS. (a) In addition to the other authority granted by
this subchapter, the board of regents of the Texas Tech University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip property, buildings, structures, or other
facilities, including roads and related infrastructure, for the
Texas Tech University Health Sciences Center for an academic
building to support the center's educational programs in the city
of El Paso, to be financed by the issuance of bonds in accordance
with this subchapter, including bonds issued in accordance with a
systemwide revenue financing program and secured as provided by
that program, in an aggregate principal amount not to exceed $45
million.
(b) The board may pledge irrevocably to the payment of the
bonds authorized by Subsection (a) all or any part of the revenue
funds of Texas Tech University or the Texas Tech University Health
Sciences Center, including student tuition charges. The amount of
a pledge made under this subsection may not be reduced or abrogated
while the bonds for which the pledge is made, or bonds issued to
refund those bonds, are outstanding.
(c) If sufficient funds are not available to the board to
meet its obligations under this section, the board may transfer
funds between Texas Tech University and the Texas Tech University
Health Sciences Center to ensure the most equitable and efficient
allocation of available resources for Texas Tech University and the
Texas Tech University Health Sciences Center to carry out their
duties and purposes.
(d) Any portion of the proceeds of bonds authorized by this
section that is not required for the academic building described by
Subsection (a) may be used by the Texas Tech University System to
renovate existing structures and facilities of the Texas Tech
University Health Sciences Center.
ARTICLE 11. REVENUE BONDS FOR TEXAS SOUTHERN UNIVERSITY;
RECOVERY FROM TROPICAL STORM ALLISON
SECTION 11.01. Subchapter B, Chapter 55, Education Code, is
amended by adding Section 55.17491 to read as follows:
Sec. 55.17491. TEXAS SOUTHERN UNIVERSITY; TROPICAL STORM
ALLISON. (a) In addition to the other authority granted by this
subchapter, the board of regents of Texas Southern University may
restore facilities and related infrastructure at Texas Southern
University damaged by Tropical Storm Allison, to be financed by the
issuance of bonds in accordance with this subchapter in an
aggregate principal amount not to exceed $3,510,000.
(b) The board may pledge irrevocably to the payment of those
bonds all or any part of the revenue funds of Texas Southern
University, including student tuition charges. The amount of a
pledge made under this subsection may not be reduced or abrogated
while the bonds for which the pledge is made, or bonds issued to
refund those bonds, are outstanding.
ARTICLE 12. PAYMENT OF JUDICIAL SALARIES BY COMMISSIONERS COURTS
OF ELLIS, HILL, AND WILLIAMSON COUNTIES
SECTION 12.01. Subchapter A, Chapter 32, Government Code,
is amended by adding Section 32.070 to read as follows:
Sec. 32.070. ELLIS COUNTY. (a) Notwithstanding Section
659.012, the Commissioners Court of Ellis County may budget for and
pay the judges of the district courts having jurisdiction in the
county an annual salary paid by the commissioners court for
services rendered and for performing administrative duties.
(b) The salary is in addition to the salary paid by the state
and other authorized compensation.
(c) This section expires September 1, 2007.
SECTION 12.02. Subchapter A, Chapter 32, Government Code,
is amended by adding Section 32.109 to read as follows:
Sec. 32.109. HILL COUNTY. (a) Notwithstanding Section
659.012, the Commissioners Court of Hill County may budget for and
pay the judges of the district courts having jurisdiction in the
county an annual salary paid by the commissioners court for
services rendered and for performing administrative duties.
(b) The salary is in addition to the salary paid by the state
and other authorized compensation.
(c) This section expires September 1, 2007.
SECTION 12.03. Subchapter A, Chapter 32, Government Code,
is amended by adding Section 32.246 to read as follows:
Sec. 32.246. WILLIAMSON COUNTY. (a) Notwithstanding
Section 659.012, the Commissioners Court of Williamson County may
budget for and pay the judges of the district courts having
jurisdiction in the county an annual salary paid by the
commissioners court for services rendered and for performing
administrative duties.
(b) The salary is in addition to the salary paid by the state
and other authorized compensation.
(c) This section expires September 1, 2007.
SECTION 12.04. A committee of the house of representatives
designated by the speaker and a committee of the senate designated
by the lieutenant governor, or a joint committee named by the
speaker and the lieutenant governor, shall study and report to the
79th and 80th legislatures on the advisability of continuing in
effect Sections 32.070, 32.109, and 32.246, Government Code, as
added by this Act.
SECTION 12.05. This article takes effect on the 91st day
after the last day of the legislative session.
ARTICLE 13. ELECTRONIC BENEFITS AND ENROLLMENT SYSTEM
SECTION 13.01. Subchapter F, Chapter 2054, Government Code,
is amended by adding Section 2054.131 to read as follows:
Sec. 2054.131. ELECTRONIC BENEFITS ENROLLMENT AND
ADMINISTRATION SYSTEM. (a) In this section, "work site benefits
plan" means a plan or other arrangement to provide to officers,
employees, or former officers or employees:
(1) insurance, including health, life, and disability
insurance and health benefits plans;
(2) flexible spending accounts; or
(3) savings or retirement benefits.
(b) If the State Council on Competitive Government and the
Legislative Budget Board each determine that a cost savings may be
realized through a private vendor selected under this section, the
State Council on Competitive Government may implement a project
that establishes a common electronic infrastructure through which
each state agency, including any retirement system created by
statute or by the constitution, shall:
(1) require its work site benefits plan participants
to electronically:
(A) enroll in any work site benefits plans
provided to the person by the state or a state agency;
(B) add, change, or delete benefits;
(C) sign any payroll deduction agreements to
implement a contribution made to a plan in which the participant
enrolls;
(D) terminate participation in a voluntary plan;
(E) initiate account investment changes and
withdrawals in a retirement plan;
(F) obtain information regarding plan benefits;
and
(G) communicate with the plan administrator; and
(2) administer its work site benefits plans
electronically by using the project to:
(A) enroll new plan participants and, when
appropriate, terminate plan participation;
(B) generate eligibility and enrollment reports
for plan participants;
(C) link plan administration with payroll
administration to facilitate payroll deductions for a plan;
(D) facilitate single-source billing
arrangements between the agency and a plan provider; and
(E) transmit and receive information regarding
the plan.
(c) The electronic infrastructure established under
Subsection (a) may include TexasOnline, the Internet, intranets,
extranets, and wide area networks.
(d) If the State Council on Competitive Government
implements an electronic infrastructure project under this
section, the State Council on Competitive Government shall select
and contract with a single private vendor to implement the project.
The contract must require the application of the project to all
state agencies without cost to the state until the project is
initially implemented.
(e) The private vendor selected under Subsection (d) must
offer existing information resources technology for use in the
project that:
(1) will be available to all state agencies, including
retirement systems;
(2) includes each agency's work site benefits plan
participants;
(3) will use, to the extent possible, the department's
information technology standards, including information security,
privacy and disaster recovery, and Internet-based technology
standards;
(4) includes applications and a supporting platform
that are already developed and used in connection with the
electronic enrollment of work site benefits plans offered by other
multiple plan providers;
(5) is available for use with a wide variety of plan
and benefit providers;
(6) can be easily modified to permit changes in
benefits offered by the state or a state agency;
(7) provides a solution to overcome limitations caused
by the incompatibility of different legacy systems used by
different state agencies and plan providers;
(8) is available for use over the Internet through
existing or new websites or portals; and
(9) is supported, to the extent necessary, by:
(A) laptop and desktop enrollment and
administration capabilities; and
(B) a telephone call center.
SECTION 13.02. If the electronic infrastructure under
Section 2054.131, Government Code, as added by this Act, is
established, the State Council on Competitive Government as soon as
reasonably possible shall develop a timetable and procedures under
which each state agency shall implement the electronic
infrastructure project for use by all work site benefits plan
participants, including officers and employees and former officers
and employees.
ARTICLE 14. EFFECTIVE DATE
SECTION 14.01. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect on the 91st day after the last day of the legislative
session.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 28 was passed by the House on
September 17, 2003, by the following vote: Yeas 83, Nays 46; that
the House refused to concur in Senate amendments to H.B. No. 28 on
September 29, 2003, and requested the appointment of a conference
committee to consider the differences between the two houses; and
that the House adopted the conference committee report on H.B. No.
28 on October 10, 2003, by the following vote: Yeas 118, Nays 5, 1
present, not voting; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 28 was passed by the Senate, with
amendments, on September 24, 2003, by the following vote: Yeas 30,
Nays 0; at the request of the House, the Senate appointed a
conference committee to consider the differences between the two
houses; and that the Senate adopted the conference committee report
on H.B. No. 28 on October 12, 2003, by the following vote: Yeas 31,
Nays 0; passed subject to the provisions of Article III, Section
49a, of the Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 28, 3rd Called Session of the 78th Legislature, are within
amounts estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor