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By: McCall (Senate Sponsor - Bivins) H.B. No. 28
(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 10, Nays 0;
September 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 28 By: Bivins
A BILL TO BE ENTITLED
AN ACT
relating to state 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. STATE AIRCRAFT POOLING
SECTION 1.01. The heading to Subchapter A, Chapter 2205,
Government Code, is amended to read as follows:
SUBCHAPTER A. STATE AIRCRAFT POOLING [BOARD]; GENERAL PROVISIONS
SECTION 1.02. Section 2205.002(1), Government Code, is
amended to read as follows:
(1) "Department [Board]" means the Texas Department of
Transportation [State Aircraft Pooling Board].
SECTION 1.03. Section 2205.032, Government Code, is amended
to read as follows:
Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND
MAINTENANCE. (a) The department [board] shall operate a pool for
the custody, control, operation, and maintenance of all aircraft
owned or leased by the state.
(b) The department [board] may purchase aircraft with funds
appropriated for that purpose.
(c) As part of the strategic plan that the department
[board] develops and submits under Chapter 2056, the department
[board] shall develop a long-range plan for its pool of aircraft.
The department [board] shall include appropriate portions of the
long-range plan in its legislative appropriations request. The
long-range plan must include estimates of future aircraft
replacement needs and other fleet management needs, including any
projected need to increase or decrease the number of aircraft in the
pool. In developing the long-range plan, the department [board]
shall consider at a minimum for each aircraft in the pool:
(1) how much the aircraft is used and the purposes for
which it is used;
(2) the cost of operating the aircraft and the revenue
generated by the aircraft; and
(3) the demand for the aircraft or for that type of
aircraft.
SECTION 1.04. Section 2205.034, Government Code, is amended
to read as follows:
Sec. 2205.034. FACILITIES. (a) The department [board] may
acquire appropriate facilities for the accommodation of all
aircraft owned or leased by the state. The facilities may be
purchased or leased as determined by the department [board] to be
most economical for the state and as provided by legislative
appropriations. The facilities may include adequate hangar space,
an indoor passenger waiting area, a flight-planning area,
communications facilities, and other related and necessary
facilities.
(b) A state agency that operates an aircraft may not use a
facility in Austin other than a facility operated by the department
[board] for the storage, parking, fueling, or maintenance of the
aircraft, whether or not the aircraft is based in Austin. In a
situation the department [board] determines to be an emergency, the
department [board] may authorize a state agency to use a facility in
Austin other than a department [board] facility for the storage,
parking, fueling, or maintenance of an aircraft.
SECTION 1.05. Section 2205.035, Government Code, is amended
to read as follows:
Sec. 2205.035. AIRCRAFT LEASES. (a) The department
[board] by interagency contract may lease state-owned aircraft to a
state agency.
(b) A state agency that is the prior owner or lessee of an
aircraft has the first option to lease that aircraft from the
department [board].
(c) The lease may provide for operation or maintenance by
the department [board] or the state agency.
(d) A state agency may not expend appropriated funds for the
lease of an aircraft unless the department [board] executes the
lease or approves the lease by department [board] order.
(e) A state agency may not use money appropriated by the
legislature to rent or lease aircraft except from the department
[board] or as provided by Subsection (f). For purposes of this
subsection and Subsection (f), payments of mileage reimbursements
provided for by the General Appropriations Act are not rentals or
leases of aircraft.
(f) If the department [board] determines that no
state-owned aircraft is available to meet a transportation need
that has arisen or that a rental or lease of aircraft would reduce
the state's transportation costs, the department [board] shall
authorize a state agency to expend funds for the rental or lease of
aircraft, which may include a helicopter.
SECTION 1.06. Section 2205.036, Government Code, is amended
to read as follows:
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The
department [board] shall provide aircraft transportation, to the
extent that its aircraft are available, to:
(1) state officers and employees who are traveling on
official business according to the coordinated passenger
scheduling system and the priority scheduling system developed as
part of the aircraft operations manual under Section 2205.038;
(2) persons in the care or custody of state officers or
employees described by Subdivision (1); and
(3) persons whose transportation furthers official
state business.
(b) The department [board] may not provide aircraft
transportation to a passenger if the passenger is to be transported
to or from a place where the passenger:
(1) will make or has made a speech not related to
official state business;
(2) will attend or has attended an event sponsored by a
political party;
(3) will perform a service or has performed a service
for which the passenger is to receive an honorarium, unless the
passenger reimburses the department [board] for the cost of
transportation;
(4) will attend or has attended an event at which money
is raised for private or political purposes; or
(5) will attend or has attended an event at which an
audience was charged an admission fee to see or hear the passenger.
(c) The department [board] may not provide aircraft
transportation to a destination unless:
(1) the destination is not served by a commercial
carrier;
(2) the time required to use a commercial carrier
interferes with passenger obligations; or
(3) the number of passengers traveling makes the use
of state aircraft cost-effective.
(d) The department shall monitor and ensure compliance with
the requirements of this section.
SECTION 1.07. Section 2205.038, Government Code, is amended
to read as follows:
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The
department [board] shall:
(1) prepare a manual that establishes minimum
standards for the operation of aircraft by state agencies; and
(2) adopt procedures for the distribution of the
manual to state agencies.
(b) The manual must include provisions for:
(1) pilot certification standards, including medical
requirements for pilots;
(2) recurring training programs for pilots;
(3) general operating and flight rules;
(4) coordinated passenger scheduling; and
(5) other issues the department [board] determines are
necessary to ensure the efficient and safe operation of aircraft by
a state agency.
(c) The department [board] shall confer with and solicit the
written advice of state agencies the department [board] determines
are principal users of aircraft operated by the department [board]
and, to the extent practicable, incorporate that advice in the
development of the manual and subsequent changes to the manual.
(d) The department [board] shall give an officer normally
elected by statewide election priority in the scheduling of
aircraft. The department [board] by rule may require a 12-hour
notice by the officer to obtain the priority in scheduling.
SECTION 1.08. Section 2205.039, Government Code, is amended
to read as follows:
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget
Board, in cooperation with the department [board], shall prescribe:
(1) a travel log form for gathering information about
the use of state-operated aircraft;
(2) procedures to ensure that individuals who travel
as passengers on or operate state-operated aircraft provide in a
legible manner the information requested of them by the form; and
(3) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
(b) The travel log form must request the following
information about a state-operated aircraft each time the aircraft
is flown:
(1) a mission statement, which may appear as a
selection to be identified from general categories appearing on the
form;
(2) the name, state agency represented, destination,
and signature of each person who is a passenger or crew member of
the aircraft;
(3) the date of each flight;
(4) a detailed and specific description of the
official business purpose of each flight; and
(5) other information determined by the Legislative
Budget Board and the department [board] to be necessary to monitor
the proper use of the aircraft.
(c) A state agency other than the department [board] shall
send travel logs to the department [board] each month in which the
agency operates an aircraft.
(d) The department shall monitor and ensure compliance by
state agencies with the requirements of this section.
(e) The department shall annually report to the Legislative
Budget Board on air travel information received under this section.
SECTION 1.09. Section 2205.040, Government Code, is amended
to read as follows:
Sec. 2205.040. RATES AND BILLING PROCEDURES. (a) The
department [board] shall adopt rates for interagency aircraft
services that are sufficient to recover[, in the aggregate and to
the extent possible,] all expenses incurred under this chapter
[direct costs for the services provided], including current
obligations for capital equipment financed under the Texas Public
Finance Authority's master lease purchase program and aircraft
replacement costs [a state agency's pro rata share of major
maintenance, overhauls of equipment and facilities, and pilots'
salaries].
(b) The department shall deposit all revenue received under
this chapter to the credit of the state highway fund. Money
deposited to the credit of the state highway fund under this chapter
is exempt from the application of Section 403.095 [Legislative
Budget Board, in cooperation with the board and the state auditor,
shall prescribe a billing procedure for passenger travel on
state-operated aircraft].
(c) The department may spend money from the state highway
fund for expenses incurred under this chapter.
(d) It is the intent of the legislature that receipts and
expenditures that relate to the state highway fund under this
chapter be balanced over time so that, to the extent practicable,
the receipts and expenditures do not result in a net gain or net
loss to the fund.
SECTION 1.10. Section 2205.041(a), Government Code, is
amended to read as follows:
(a) The Legislative Budget Board, in cooperation with the
department [board], shall prescribe:
(1) an annual aircraft use form for gathering
information about the use of state-operated aircraft, including the
extent to which and the methods by which the goal provided by
Section 2205.031(b) is being met; and
(2) procedures for each state agency that operates an
aircraft for sending the form to the department [board] and the
Legislative Budget Board.
SECTION 1.11. Section 2205.042, Government Code, is amended
to read as follows:
Sec. 2205.042. PILOTS. An individual who is not a pilot
employed by the department [board] may not operate a state-operated
aircraft unless the department [board] grants the individual a
specific exemption from that requirement.
SECTION 1.12. Section 2205.043(b), Government Code, is
amended to read as follows:
(b) The department [board] shall adopt rules, consistent
with federal regulations and Subtitle A, Title 11 [Article 6139f,
Revised Statutes], governing the color, size, and location of marks
of identification required by this section.
SECTION 1.13. Section 2205.044, Government Code, is amended
to read as follows:
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The
department [board] may contract with a state or federal
governmental agency or a political subdivision to provide aircraft
fuel or to provide aircraft maintenance services.
SECTION 1.14. Section 2205.045(a), Government Code, is
amended to read as follows:
(a) The department [board] may purchase insurance to
protect the department [board] from loss caused by damage, loss,
theft, or destruction of aircraft owned or leased by the state and
shall purchase liability insurance to protect the officers and
employees of each state agency from loss arising from the operation
of state-owned aircraft.
SECTION 1.15. Section 2205.046, Government Code, is amended
to read as follows:
Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a)
The department [board] may transfer aircraft to a public technical
institute or other public postsecondary educational institution
for use in the institution's flight training program. Except as
provided by this section, the department [board] has no
responsibility for continued maintenance of aircraft transferred
under this section.
(b) As a condition to the transfer of the aircraft, the
institution must certify in writing to the department [board] that
the institution will accept full responsibility for maintenance of
the aircraft and that it will be properly maintained while in the
custody and control of the institution. The department [board] is
entitled to inspect the aircraft without notice for the purpose of
insuring that the aircraft are properly maintained.
(c) The department [board] may immediately reassume custody
and control of a transferred aircraft on a finding by the department
[board] that:
(1) the aircraft is not being properly maintained;
(2) the aircraft is being used for a purpose other than
flight training; or
(3) the institution has discontinued its flight
training program.
SECTION 1.16. Section 2205.047, Government Code, is amended
to read as follows:
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The
department [board] shall post information related to travel and
other services provided by the department under this chapter
[board] on an Internet site maintained by or for the department
[board]. The site must be generally accessible to state agencies,
persons who use the department's [board's] services, and, to the
extent appropriate, the general public.
SECTION 1.17. Sections 2205.003-2205.019, Government Code,
are repealed.
SECTION 1.18. On the effective date of this Act:
(1) the State Aircraft Pooling Board is abolished and
all powers, duties, obligations, rights, contracts, leases, bonds,
appropriations, records, employees, and real or personal property
of the State Aircraft Pooling Board are transferred to the Texas
Department of Transportation;
(2) a rule, manual, form, policy, procedure, approval,
authorization, or decision of the State Aircraft Pooling Board
continues in effect as a rule, manual, form, policy, procedure,
approval, authorization, or decision of the Texas Department of
Transportation until superseded by an act of the Texas Department
of Transportation;
(3) a reference in law to the State Aircraft Pooling
Board means the Texas Department of Transportation; and
(4) the number of full-time equivalent positions
intended to be allocated to the State Aircraft Pooling Board by
Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003
(the General Appropriations Act), is reduced by 39 for fiscal years
2004 and 2005, and the number of full-time equivalent positions
allocated to the Texas Department of Transportation is increased by
39 for fiscal years 2004 and 2005 for the purpose of administering
Chapter 2205, Government Code.
SECTION 1.19. (a) Notwithstanding any other law, the
General Land Office shall sell to the Texas Department of
Transportation for fair market value the approximately three-acre
property formerly operated by the State Aircraft Pooling Board at
the site of the former Robert Mueller Municipal Airport.
(b) The department may only:
(1) use the property described by Subsection (a) of
this section for purposes consistent with the operation of an
intelligent transportation system unless the City of Austin and
Travis County agree to a different use; and
(2) lease an unneeded portion of the property
described by Subsection (a) of this section under the procedures
prescribed by Subchapter C, Chapter 202, Transportation Code, if
the lease is approved by the City of Austin and Travis County.
(c) In this section, "intelligent transportation system"
means a traffic management system designed to enhance the
efficiency and safety of the transportation system in the Austin
regional area through the remote monitoring and broadcasting of
traffic information. The term does not include the maintenance of
vehicles, the storage of fuel, or the storage of vehicles.
SECTION 1.20. Before March 1, 2004, the Texas Department of
Transportation shall file with the governor, the lieutenant
governor, the speaker of the house of representatives, and the
Legislative Budget Board a complete and detailed report on the
transfer of powers and duties from the State Aircraft Pooling Board
to the Texas Department of Transportation.
ARTICLE 2. WORKERS' COMPENSATION RESEARCH
SECTION 2.01. 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 2.02. (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 2.03. 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.
ARTICLE 3. TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 3.01. 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 3.02. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board
created under Section 1702.021 is a part of the department. The
department shall administer this chapter through the board.
(b) A reference in this chapter or another law to the Texas
Commission on Private Security means the board.
SECTION 3.03. Section 1702.021(a), Occupations Code, 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 3.04. 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 3.05. Section 1702.022, Occupations Code, is
repealed.
SECTION 3.06. Not later than the 60th day after the
effective date of this Act, the governor shall appoint the members
of the Texas Private Security Board, as required under Section
1702.021, Occupations Code, as amended by this Act. 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 3.07. (a) On the 60th day after the effective date
of this Act:
(1) the Texas Commission on Private Security is
abolished, and all functions and activities performed by the Texas
Commission on Private Security immediately before that date are
transferred to the Texas Private Security Board of the Department
of Public Safety of the State of Texas;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board and remains in effect until superseded by that board;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board;
(4) a complaint, investigation, or other proceeding
before the Texas Commission on Private Security is transferred
without change in status to the Texas Private Security Board, and
the Texas Private Security Board assumes, as appropriate and
without a change in status, the position of the Texas Commission on
Private Security in an action or proceeding to which the Texas
Commission on Private Security is a party;
(5) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Commission on
Private Security is transferred to the Texas Private Security
Board.
(b) Before the 60th day after the effective date of this
Act, the Texas Commission on Private Security may agree with the
Department of Public Safety of the State of Texas to transfer any
property of the Texas Commission on Private Security to the
Department of Public Safety of the State of Texas to implement the
transfer required by this Act.
(c) During the period beginning on the effective date of
this Act and ending on the 60th day after the effective date of this
Act, 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 Act, and the
former law is continued in effect for that purpose.
ARTICLE 4. TEXAS COUNCIL ON ENVIRONMENTAL TECHNOLOGY
SECTION 4.01. Sections 386.051(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) The utility commission, the commission, and the
comptroller[, and the council] shall establish and administer the
Texas emissions reduction plan in accordance with this chapter.
(b) Under the plan, the commission[,] and the comptroller[,
and the council] shall provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D; and
(3) the new technology research and development
program established under Chapter 387.
SECTION 4.02. Section 387.001, Health and Safety Code, is
amended to read as follows:
Sec. 387.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Program" [, "program"] means the new technology
research and development program.
SECTION 4.03. Section 387.002(b), Health and Safety Code,
as amended by Section 1, Chapter 29, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(b) The Texas Council on Environmental Technology shall
work to enhance the entrepreneurial and inventive spirit of Texans
to assist in developing solutions to air, water, and waste problems
by:
(1) identifying and evaluating new technologies and
seeking the approval of the United States Environmental Protection
Agency for and facilitating the deployment of those technologies;
and
(2) assisting the commission and the United States
Environmental Protection Agency in the process of ensuring credit
for new, innovative, and creative technological advancements[;
[(3) competing for and managing federal grants and
funds from other sources available for carrying out the objectives
of the council; and
[(4) entering into public-private partnerships to
facilitate development of environmental technology infrastructure
in this state].
SECTION 4.04. Section 387.003, Health and Safety Code, as
amended by Section 2, Chapter 29, and Section 13, Chapter 1331, Acts
of the 78th Legislature, Regular Session, 2003, is amended to read
as follows:
Sec. 387.003. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM. (a) The commission, in consultation with the Texas
Council on Environmental Technology, shall establish and
administer a new technology research and development program as
provided by this chapter.
(b) Under the program, the commission [Texas Council on
Environmental Technology] shall provide grants to be used to
support development of emissions-reducing technologies that may be
used for projects eligible for awards under Chapter 386 and other
new technologies that show promise for commercialization. The
primary objective of this chapter is to promote the development of
commercialization technologies that will support projects that may
be funded under Chapter 386 and this chapter, including advanced
technologies such as fuel cells, catalysts, and fuel additives.
[(c) When making a grant under the program, the Texas
Council on Environmental Technology may collect a fee from the
grant recipient in an amount not to exceed five percent of the
amount of the grant to be used by the council only to:
[(1) monitor project progress;
[(2) disseminate information about project
accomplishments;
[(3) track technology deployment into the
marketplace; and
[(4) provide estimates of the impact that
commercialization of funded projects will have on the environment.]
SECTION 4.05. Section 387.004, Health and Safety Code, is
amended to read as follows:
Sec. 387.004. SOLICITATION OF NEW TECHNOLOGY PROPOSALS.
The commission [Texas Council on Environmental Technology] from
time to time shall issue specific requests for proposals (RFPs) or
program opportunity notices (PONs) for technology projects to be
funded under the program.
SECTION 4.06. Sections 387.005(b) and (c), Health and
Safety Code, and Section 387.005(f), Health and Safety Code, as
added by Section 3, Chapter 29, Acts of the 78th Legislature,
Regular Session, 2003, are amended to read as follows:
(b) The commission [Texas Council on Environmental
Technology] shall identify and evaluate and may consider making
grants for technology projects that would allow qualifying fuels to
be produced from energy resources in this state. In considering
projects under this subsection, the commission [council] shall give
preference to projects involving otherwise unusable energy
resources in this state and producing qualifying fuels at prices
lower than otherwise available and low enough to make the projects
to be funded under the program economically attractive to local
businesses in the area for which the project is proposed.
(c) In soliciting proposals under Section 387.004 and
determining how to allocate grant money available for projects
under this chapter, the commission [Texas Council on Environmental
Technology] shall give special consideration to advanced
technologies and retrofit or add-on projects that provide multiple
benefits by reducing emissions of particulates and other air
pollutants.
(f) If a commissioner [member of the Texas Council on
Environmental Technology] is an employee or owner of an entity that
applies for a grant under this chapter, the commissioner [member],
before a vote on the grant, shall disclose the fact of the
commissioner's [member's] employment or ownership. The disclosure
must be entered into the minutes of the meeting. The commissioner
[member] may not vote on or otherwise participate in the awarding of
the grant. If the commissioner [member] does not comply with this
subsection, the entity is not eligible for the grant.
SECTION 4.07. Section 387.006(b), Health and Safety Code,
is amended to read as follows:
(b) The commission [Texas Council on Environmental
Technology] shall consider specifically, for each proposed
technology project application:
(1) the projected potential for reduced emissions of
oxides of nitrogen and the cost-effectiveness of the technology
once it has been commercialized;
(2) the potential for the technology to contribute
significantly to air quality goals; and
(3) the strength of the commercialization plan.
SECTION 4.08. Section 387.007, Health and Safety Code, is
amended to read as follows:
Sec. 387.007. COST-SHARING. The commission [Texas Council
on Environmental Technology] may require cost-sharing for
technology projects funded under this chapter but may not require
repayment of grant money, except that the commission [council]
shall require provisions for recapturing grant money for
noncompliance with grant requirements. Grant money recaptured
under the contract provision shall be deposited in the
environmental research fund and reallocated for other projects
under this chapter.
SECTION 4.09. Section 387.008, Health and Safety Code, as
amended by Section 4, Chapter 29, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 387.008. ENVIRONMENTAL RESEARCH FUND. (a) The
environmental research fund is an account in the general revenue
fund. The fund consists of [fees collected under Section
387.003(c) and] money from gifts, grants, or donations to the fund
for designated or general use and from any other source designated
by the legislature.
(b) Money in the environmental research fund may be used
only by the commission for operations [the operation] and projects
under this chapter [of the Texas Council on Environmental
Technology].
(c) Sections 403.095 and 404.071, Government Code, do not
apply to the fund. Interest earned on the fund shall be credited to
the fund.
SECTION 4.10. Sections 387.009 and 387.010, Health and
Safety Code, are amended to read as follows:
Sec. 387.009. ADVISORY COMMITTEES. The commission [Texas
Council on Environmental Technology] may appoint advisory
committees as necessary or desirable to assist the commission
[council] in performing its duties under this chapter. An advisory
committee may include representatives of industry, environmental
groups, consumer groups, local governments, agriculture, the
commission, the General Land Office, and the Railroad Commission of
Texas. Any senator or representative desiring to do so may
participate on any advisory committee appointed under this section.
Members of an advisory committee are not entitled to compensation.
Sec. 387.010. REPORTS. (a) Not [later than December 1,
2002, and not] later than December 1 of each even-numbered
[subsequent second] year, the commission [Texas Council on
Environmental Technology] shall report to the legislature on
projects funded under the new technology research and development
program, describing the technical objectives and accomplishments
of the project and the progress of the project technology toward
commercialization. Using sound science, the report shall detail
the costs and actual realized benefits of the program and of each
project funded under the program.
(b) The commission shall ensure that all research reports
under the program are accessible to the public, including, as
practicable, through the commission's Internet website.
SECTION 4.11. Section 387.002(c), Health and Safety Code,
is repealed.
SECTION 4.12. On the effective date of this Act:
(1) except as otherwise provided by Chapter 387,
Health and Safety Code, as amended by this Act, the functions of the
Texas Council on Environmental Technology are transferred to the
Texas Commission on Environmental Quality, including:
(A) managing of grants approved by the council
before the effective date of this Act; and
(B) requesting proposals for grants, reviewing
grant applications, and awarding grant contracts;
(2) any contract or other obligation of the council is
transferred to the commission; and
(3) the property and records of the council and its
predecessor agencies are transferred to the commission.
ARTICLE 5. EQUITABLE USE OF REVENUE AND UNIFORMITY IN RELATION TO
SCHOOL DISTRICT PROPERTY VALUES
SECTION 5.01. 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 5.02. Section 403.302(m), Government Code, as added
by Chapter 1183, Acts of the 78th Legislature, Regular Session,
2003, is repealed.
SECTION 5.03. 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 6. REPAYMENT OF CASH TRANSFERRED
FROM FUNDS OUTSIDE OF STATE TREASURY
SECTION 6.01. 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 6.02. Not more than $5,000,000 of the appropriation
made by Section 1 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 6.03. 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 7. APPROPRIATION OF VETOED FUNDS; CLARIFICATION OF USE
OF BUDGET EXECUTION PROCESS FOR STATE FISCAL RELIEF
SECTION 7.01. (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 7.02. 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 8. REPEAL OF TECHNOLOGY ADVANCEMENT APPROPRIATION
TO SUPREME COURT OF TEXAS
SECTION 8.01. 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 9. EFFECTIVE DATE
SECTION 9.01. 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.
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