78S30215 MCK/MTB-F

By:  Ogden                                                        S.B. No. 2  


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 chairman and vice-chairman of the board are physically present at a meeting, then any number of the other members of the board may attend a meeting of the board by use of telephone conference call, video conference call, or other similar telecommunication device. This subsection applies for purposes of constituting a quorum, for purposes of voting, and for any other purpose allowing a member of the board to otherwise fully participate in any meeting of the board. This subsection applies without exception with regard to the subject of the meeting or topics considered by the members. (e) A meeting held by use of telephone conference call, video conference call, or other similar telecommunication device: (1) is subject to the notice requirements applicable to other meetings; (2) must specify in the notice of the meeting the location of the meeting; (3) must be open to the public and shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting; and (4) must provide two-way audio communication between all parties attending the meeting during the entire meeting.
ARTICLE 2. GOVERNOR'S BUDGET AUTHORITY
SECTION 2.01. Subsection (a), Section 401.046, Government Code, is amended to read as follows: (a) The governor shall deliver a copy of the governor's budget to each member of the legislature before the governor gives the message to the legislature required by Section 9, Article IV, Texas Constitution, at the commencement [not later than the sixth day] of each regular legislative session. SECTION 2.02. Section 401.047, Government Code, is repealed.
ARTICLE 3. ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION
SECTION 3.01. Section 72.101, Property Code, is amended by adding Subsections (c) and (d) to read as follows: (c) Property distributable in the course of a demutualization or related reorganization of an insurance company is presumed abandoned on the first anniversary of the date the property becomes distributable if, at the time of the first distribution, the last known address of the owner according to the records of the holder of the property is known to be incorrect or the distribution or statements related to the distribution are returned by the post office as undeliverable and the owner has not: (1) communicated in writing with the holder of the property or the holder's agent regarding the interest; or (2) otherwise communicated with the holder regarding the interest as evidenced by a memorandum or other record on file with the holder or its agents. (d) Property distributable in the course of a demutualization or related reorganization of an insurance company that is not subject to Subsection (c) is presumed abandoned as otherwise provided by this section. SECTION 3.02. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect 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 322.003, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows: (a) A majority of the members of the board from each house constitutes a quorum to transact business. If a quorum is present, the board may act on any matter that is within its jurisdiction by a majority vote, except as provided by Section 322.004(a). (b) The board shall meet as often as necessary to perform its duties. Meetings may be held at any time at the request [at the call] of the chairman or vice-chairman or on written petition of a majority of the members of the board from each house. (d) For purposes of this section, the lieutenant governor is considered to be a member of the board from the senate. SECTION 10.02. Subsection (a), Section 322.004, Government Code, is amended to read as follows: (a) The board shall appoint a director to serve at the pleasure of the board. The appointment of the director must be approved by a majority vote of the members of the board from each house of the legislature. For purposes of this subsection, the lieutenant governor is considered to be a member of the board from the senate. The director is accountable only to the board. SECTION 10.03. 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 10.04. Subchapter A, Chapter 322, Government Code, as designated by this Act, is amended by adding Sections 322.015 through 322.020 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) The board periodically may review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of state agencies. (b) The board shall report the findings of the review and analysis to the governor and the legislature. (c) The legislature may consider the board's reports in connection with the legislative appropriations process. (d) In this section, "state agency" has the meaning assigned by Section 2056.001. Sec. 322.018. RECORDS MANAGEMENT REVIEW. (a) 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. (b) In this section, "state agency" has the meaning assigned by Section 2056.001. Sec. 322.019. CERTAIN DUTIES. The director shall create a policy council division to perform policy analysis and related empirical analysis and research at the direction of the board regarding issues and matters identified by the board that may affect state revenue or appropriations or that may be the subject of legislation or proposed amendments to the Texas Constitution. Sec. 322.020. AGENCY COOPERATION. Each state agency in any branch of state government shall cooperate with the board in providing the board with the information the board requires to perform its duties under Section 322.019. SECTION 10.05. Subsection (b), Section 323.001, 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) five senators from various areas of the state appointed by the president of the senate; and (5) four [nine] other members of the house of representatives from various areas of the state appointed by the speaker. SECTION 10.06. Subsection (c), Section 323.001, Government Code, is amended to read as follows: (c) The speaker of the house of representatives [lieutenant governor] is the chairman of the council and the lieutenant governor [speaker] is the vice-chairman. SECTION 10.07. 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. The appointment of the executive director must be approved by a majority vote of the members of the council from each house of the legislature. For purposes of this section, the lieutenant governor is considered to be a member of the council from the senate. SECTION 10.08. Subsections (a) and (b), Section 323.003, Government Code, are amended to read as follows: (a) The council shall meet as often as necessary to perform its duties. Meetings may be held at any time at the request of the chairman or vice-chairman. (b) A majority of the [Twelve] members of the council from each house of the legislature constitutes [including the chairman and vice-chairman constitute] a quorum. If a quorum is present, the council may act on any matter that is within its jurisdiction by a majority vote, except as provided by Section 323.002. For purposes of this subsection, the lieutenant governor is considered to be a member of the council from the senate. SECTION 10.09. Subsections (a), (d), and (j), Section 325.003, 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 10.10. 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 10.11. If, on the effective date of this article, more than four members of the house of representatives appointed under Subdivision (5), Subsection (b), Section 323.001, Government Code, are serving as members of the Texas Legislative Council: (1) those members' terms on the council expire on the effective date of this article; and (2) the speaker of the house of representatives, as soon as possible after the effective date of this article, shall appoint four members of the house to serve as members of the Texas Legislative Council under Subdivision (5), Subsection (b), Section 323.001, Government Code, as amended by this article. SECTION 10.12. The lieutenant governor and the speaker of the house of representatives, as soon as possible after the effective date of this article, 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 10.13. 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.
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 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 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; or (C) has taken a service retirement under the Teacher Retirement System of Texas and who has at least 10 years of service credit for actual public service in the public schools in this state or has at least five years of service credit for actual public service in the public schools in this state and has five years of military service credited in the Teacher Retirement System of Texas, and the sum of the individual's age and amount of service credit earned for service in the public schools of this state equals or exceeds the number 80; or (2) an individual who: (A) has taken a disability retirement under the Teacher Retirement System of Texas; and (B) is entitled to receive monthly benefits from the Teacher Retirement System of Texas. (b) In this section, "public school" has the meaning assigned by Section 821.001, Government Code. SECTION 15.06. 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 65 years of age. The General Appropriations Act or other similar legislation may specify a different allocation of total costs for retirees eligible to participate under Section 1575.004(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. SECTION 15.07. Section 1575.163, Insurance Code, as added by Chapter 201, Acts of the 78th Legislature, Regular Session, 2003, is repealed. SECTION 15.08. (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 15.06 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. LIQUID WASTE MANAGEMENT
SECTION 18.01. Subchapter B, Chapter 361, Health and Safety Code, is amended by adding Section 361.034 to read as follows: Sec. 361.034. RECORDS AND MANIFESTS REQUIRED FOR CERTAIN LIQUID WASTES. (a) The commission by rule shall require a person who is required by law applicable to this commission or commission rule created by this commission to use a manifest for the generation, transportation, or disposal of liquid waste to keep records and use a uniform manifest as prescribed by commission rule to ensure that the waste is transported to an appropriate processing, storage, or disposal facility or site permitted or authorized for that purpose. (b) The rules must require each person subject to the rules to retain, for not less than three years, a copy of a transportation manifest that records the generator, the transporter, and the disposal site and method. (c) The rules must require that aggregate amounts of waste recorded on the manifests required under this section match the amounts of waste reported to the commission annually. The commission may require copies of manifests to be submitted with reports to the commission or at other times. SECTION 18.02. The Texas Commission on Environmental Quality shall adopt rules under Section 361.034, Health and Safety Code, as added by this article, as soon as practicable so that the rules take effect not later than March 1, 2004. SECTION 18.03. 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 19. PARTICIPATION IN STATE EMPLOYEE CHARITABLE CAMPAIGN
SECTION 19.01. Any federation or organization that has heretofore participated in the state employee charitable campaign authorized by Subchapter I, Chapter 659, Government Code, shall not be barred from participation in the program, both in terms of actual participation and the purposes for which the contributions are used, 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.
ARTICLE 20. CONDEMNATION PROCEEDINGS
SECTION 20.01. Subchapter A, Chapter 25, Government Code, is amended by adding Section 25.0020 to read as follows: Sec. 25.0020. CONDEMNATION PROCEEDINGS IN CERTAIN COUNTIES. (a) This section applies only to a county with a population of three million or more. (b) Notwithstanding Section 25.1032 or any other law, a county civil court at law has concurrent jurisdiction with the district court of eminent domain proceedings, both statutory and inverse, regardless of the amount in controversy. (c) Notwithstanding Section 21.013, Property Code, a party initiating a condemnation proceeding may file a petition with any clerk authorized to accept the petition for the district court. (d) A condemnation proceeding shall be assigned by rotation to a court with jurisdiction to hear the proceeding. (e) Notwithstanding Section 62.301, for a condemnation proceeding before a county civil court at law, a party may elect in a timely filed jury demand to have the proceeding tried before a jury of 12 persons.
ARTICLE 21. CERTAIN AGREEMENTS OF THE
TEXAS DEPARTMENT OF TRANSPORTATION
SECTION 21.01. 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 22. ALCOHOLIC BEVERAGE REGULATION
SECTION 22.01. 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 23. APPROPRIATIONS TO TEXAS DEPARTMENT OF PUBLIC SAFETY
SECTION 23.01. 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 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.