Suspending limitations on conference committee
jurisdiction, H.B. No. 28
By: Bivins S.R. No. 133
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, 3rd Called Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 28, relating to state and local government fiscal
management, including various matters related to increasing
administrative efficiency in state government; making related
appropriations, to consider and take action on the following
matters:
(1) Senate Rule 12.03(1) is suspended to permit the
committee to alter text in the article of the bill that provides
for the repayment of cash transferred from funds outside of the
state treasury, so that SECTION 4.02 of the bill reads as
follows:
SECTION 4.02. Not more than $5,000,000 of the
appropriation made by Section 4.01 of this Act may be used to
allocate earned interest to a fund outside the state treasury
under Section 403.092(a), Government Code.
Explanation: It is necessary to replace a reference to
SECTION 1 of the Act with a reference to SECTION 4.01 of the Act
so that the reference is correct.
(2) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE 8 to the bill to read as
follows:
ARTICLE 8. B-ON-TIME PROGRAM
SECTION 8.01. (a) Section 56.465(a), Education Code, as
added by Chapter 779, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The governing board of each institution of higher
education shall cause to be set aside five percent of the amount
of the tuition charged to a resident undergraduate student at the
institution under Section 54.0513 [that is] in excess of $46 per
semester credit hour. The amount of a student's tuition set
aside under this subsection is considered a part of the amount
required to be set aside from that tuition under Section 56.011
[the amount that would have been charged to the student under
that section for the same semester or term in the 2002-2003
academic year].
(b) The change in law made by this section to Section
56.465(a), Education Code, applies only to a semester or term
that begins on or after the effective date of this Act.
SECTION 8.02. Section 8.02, Chapter 1266, Acts of the
78th Legislature, Regular Session, 2003, is amended by adding
Subsection (f-1) to read as follows:
(f-1) In its review, the committee shall evaluate whether
students enrolled in private and independent institutions of
higher education should remain eligible to receive Texas
B-On-time loans under Subchapter Q, Chapter 56, Education Code.
The committee shall include the results of its evaluation in the
report required by Subsection (i) of this section.
Explanation: It is necessary to add this article to make
necessary changes regarding financing and evaluating the Texas
B-On-time loan program.
(3) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE 9 to the bill to read as
follows:
ARTICLE 9. FINANCING PROVIDED UNDER PRODUCT DEVELOPMENT
AND SMALL BUSINESS INCUBATOR PROGRAM
SECTION 9.01. Section 489.213, Government Code, as added
by Chapter 814, Acts of the 78th Legislature, Regular Session,
2003, is amended by amending Subsections (b) and (e) and adding
Subsection (h) to read as follows:
(b) In determining eligible products and [small]
businesses, the bank shall give special preference to products or
businesses in the areas of semiconductors, nanotechnology,
biotechnology, and biomedicine that have the greatest likelihood
of commercial success, job creation, and job retention in this
state. The bank shall give further preference to providing
financing to projects or businesses that are:
(1) grantees under the small business innovation
research program established under 15 U.S.C. Section 638, as
amended;
(2) companies formed in this state to commercialize
research funded at least in part with state funds;
(3) applicants that have acquired other sources of
financing;
(4) companies formed in this state and receiving
assistance from designated state small business development
centers; or
(5) applicants who are residents of this state doing
business in this state and performing financed activities
predominantly in this state.
(e) The board may appoint an advisory committee of
experts in the areas of semiconductors, nanotechnology,
biotechnology, and biomedicine to review projects and businesses
seeking financing from the bank.
(h) Any business in this state is eligible for funding
distributed through the small business incubator fund if it is
determined that the business is substantially likely to develop
and expand the opportunities for small businesses in the
semiconductor, nanotechnology, biotechnology, or biomedicine
industry in this state.
SECTION 9.02. Section 489.213(f), Government Code, as
added by Chapter 814, Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
Explanation: It is necessary to add this article to give
appropriate support to the semiconductor and nanotechnology
industries under the product development and small business
incubator program and to remove a restriction that limited the
amount a recipient may receive under the program to 10 percent of
the amount of bonds issued.
(4) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE 10 to the bill to read as
follows:
ARTICLE 10. REVENUE BONDS FOR TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
SECTION 10.01. Subchapter B, Chapter 55, Education Code,
is amended by adding Section 55.1749 to read as follows:
Sec. 55.1749. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
REVENUE BONDS. (a) In addition to the other authority granted
by this subchapter, the board of regents of the Texas Tech
University System may acquire, purchase, construct, improve,
renovate, enlarge, or equip property, buildings, structures, or
other facilities, including roads and related infrastructure,
for the Texas Tech University Health Sciences Center for an
academic building to support the center's educational programs
in the city of El Paso, to be financed by the issuance of bonds in
accordance with this subchapter, including bonds issued in
accordance with a systemwide revenue financing program and
secured as provided by that program, in an aggregate principal
amount not to exceed $45 million.
(b) The board may pledge irrevocably to the payment of
the bonds authorized by Subsection (a) all or any part of the
revenue funds of Texas Tech University or the Texas Tech
University Health Sciences Center, including student tuition
charges. The amount of a pledge made under this subsection may
not be reduced or abrogated while the bonds for which the pledge
is made, or bonds issued to refund those bonds, are outstanding.
(c) If sufficient funds are not available to the board to
meet its obligations under this section, the board may transfer
funds between Texas Tech University and the Texas Tech University
Health Sciences Center to ensure the most equitable and efficient
allocation of available resources for Texas Tech University and
the Texas Tech University Health Sciences Center to carry out
their duties and purposes.
(d) Any portion of the proceeds of bonds authorized by
this section that is not required for the academic building
described by Subsection (a) may be used by the Texas Tech
University System to renovate existing structures and facilities
of the Texas Tech University Health Sciences Center.
Explanation: It is necessary to add this article to
provide necessary revenue bonding authority to the Texas Tech
University System in connection with its El Paso facilities.
(5) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE 11 to the bill to read as
follows:
ARTICLE 11. REVENUE BONDS FOR TEXAS SOUTHERN UNIVERSITY;
RECOVERY FROM TROPICAL STORM ALLISON
SECTION 11.01. Subchapter B, Chapter 55, Education Code,
is amended by adding Section 55.17491 to read as follows:
Sec. 55.17491. TEXAS SOUTHERN UNIVERSITY; TROPICAL STORM
ALLISON. (a) In addition to the other authority granted by this
subchapter, the board of regents of Texas Southern University may
restore facilities and related infrastructure at Texas Southern
University damaged by Tropical Storm Allison, to be financed by
the issuance of bonds in accordance with this subchapter in an
aggregate principal amount not to exceed $3,510,000.
(b) The board may pledge irrevocably to the payment of
those bonds all or any part of the revenue funds of Texas Southern
University, including student tuition charges. The amount of a
pledge made under this subsection may not be reduced or abrogated
while the bonds for which the pledge is made, or bonds issued to
refund those bonds, are outstanding.
Explanation: It is necessary to add this article to
provide necessary revenue bonding authority to Texas Southern
University in connection with the university's recovery from
Tropical Storm Allison.
(6) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE 12 to the bill to read as
follows:
ARTICLE 12. PAYMENT OF JUDICIAL SALARIES BY COMMISSIONERS
COURTS OF ELLIS, HILL, AND WILLIAMSON COUNTIES
SECTION 12.01. Subchapter A, Chapter 32, Government
Code, is amended by adding Section 32.070 to read as follows:
Sec. 32.070. ELLIS COUNTY. (a) Notwithstanding Section
659.012, the Commissioners Court of Ellis County may budget for
and pay the judges of the district courts having jurisdiction in
the county an annual salary paid by the commissioners court for
services rendered and for performing administrative duties.
(b) The salary is in addition to the salary paid by the
state and other authorized compensation.
(c) This section expires September 1, 2007.
SECTION 12.02. Subchapter A, Chapter 32, Government
Code, is amended by adding Section 32.109 to read as follows:
Sec. 32.109. HILL COUNTY. (a) Notwithstanding Section
659.012, the Commissioners Court of Hill County may budget for
and pay the judges of the district courts having jurisdiction in
the county an annual salary paid by the commissioners court for
services rendered and for performing administrative duties.
(b) The salary is in addition to the salary paid by the
state and other authorized compensation.
(c) This section expires September 1, 2007.
SECTION 12.03. Subchapter A, Chapter 32, Government
Code, is amended by adding Section 32.246 to read as follows:
Sec. 32.246. WILLIAMSON COUNTY. (a) Notwithstanding
Section 659.012, the Commissioners Court of Williamson County
may budget for and pay the judges of the district courts having
jurisdiction in the county an annual salary paid by the
commissioners court for services rendered and for performing
administrative duties.
(b) The salary is in addition to the salary paid by the
state and other authorized compensation.
(c) This section expires September 1, 2007.
SECTION 12.04. A committee of the house of
representatives designated by the speaker and a committee of the
senate designated by the lieutenant governor, or a joint
committee named by the speaker and the lieutenant governor, shall
study and report to the 79th and 80th legislatures on the
advisability of continuing in effect Sections 32.070, 32.109,
and 32.246, Government Code, as added by this Act.
SECTION 12.05. This article takes effect on the 91st day
after the last day of the legislative session.
Explanation: It is necessary to add this article to give
the commissioners courts of Ellis, Hill, and Williamson counties
the authority to supplement the salaries of the district judges
in the respective counties without regard to the limitations
prescribed by Section 659.012, Government Code.
(7) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add a new ARTICLE 13 to the bill to read as
follows:
ARTICLE 13. ELECTRONIC BENEFITS AND ENROLLMENT SYSTEM
SECTION 13.01. Subchapter F, Chapter 2054, Government
Code, is amended by adding Section 2054.131 to read as follows:
Sec. 2054.131. ELECTRONIC BENEFITS ENROLLMENT AND
ADMINISTRATION SYSTEM. (a) In this section, "work site
benefits plan" means a plan or other arrangement to provide to
officers, employees, or former officers or employees:
(1) insurance, including health, life, and
disability insurance and health benefits plans;
(2) flexible spending accounts; or
(3) savings or retirement benefits.
(b) If the State Council on Competitive Government and
the Legislative Budget Board each determine that a cost savings
may be realized through a private vendor selected under this
section, the State Council on Competitive Government may
implement a project that establishes a common electronic
infrastructure through which each state agency, including any
retirement system created by statute or by the constitution,
shall:
(1) require its work site benefits plan
participants to electronically:
(A) enroll in any work site benefits plans
provided to the person by the state or a state agency;
(B) add, change, or delete benefits;
(C) sign any payroll deduction agreements to
implement a contribution made to a plan in which the participant
enrolls;
(D) terminate participation in a voluntary
plan;
(E) initiate account investment changes and
withdrawals in a retirement plan;
(F) obtain information regarding plan
benefits; and
(G) communicate with the plan administrator;
and
(2) administer its work site benefits plans
electronically by using the project to:
(A) enroll new plan participants and, when
appropriate, terminate plan participation;
(B) generate eligibility and enrollment
reports for plan participants;
(C) link plan administration with payroll
administration to facilitate payroll deductions for a plan;
(D) facilitate single-source billing
arrangements between the agency and a plan provider; and
(E) transmit and receive information
regarding the plan.
(c) The electronic infrastructure established under
Subsection (a) may include TexasOnline, the Internet, intranets,
extranets, and wide area networks.
(d) If the State Council on Competitive Government
implements an electronic infrastructure project under this
section, the State Council on Competitive Government shall
select and contract with a single private vendor to implement the
project. The contract must require the application of the
project to all state agencies without cost to the state until the
project is initially implemented.
(e) The private vendor selected under Subsection (d) must
offer existing information resources technology for use in the
project that:
(1) will be available to all state agencies,
including retirement systems;
(2) includes each agency's work site benefits plan
participants;
(3) will use, to the extent possible, the
department's information technology standards, including
information security, privacy and disaster recovery, and
Internet-based technology standards;
(4) includes applications and a supporting platform
that are already developed and used in connection with the
electronic enrollment of work site benefits plans offered by
other multiple plan providers;
(5) is available for use with a wide variety of plan
and benefit providers;
(6) can be easily modified to permit changes in
benefits offered by the state or a state agency;
(7) provides a solution to overcome limitations
caused by the incompatibility of different legacy systems used by
different state agencies and plan providers;
(8) is available for use over the Internet through
existing or new websites or portals; and
(9) is supported, to the extent necessary, by:
(A) laptop and desktop enrollment and
administration capabilities; and
(B) a telephone call center.
SECTION 13.02. If the electronic infrastructure under
Section 2054.131, Government Code, as added by this Act, is
established, the State Council on Competitive Government as soon
as reasonably possible shall develop a timetable and procedures
under which each state agency shall implement the electronic
infrastructure project for use by all work site benefits plan
participants, including officers and employees and former
officers and employees.
Explanation: It is necessary to add this article to allow
for the establishment, if cost savings will result, of a single
common electronic infrastructure for all state agencies that
administer a work site benefits plan, including retirement
system agencies, through which the participants in a benefits
plan administered by any retirement system or other state agency
will conduct business with the appropriate retirement system or
other state agency that administers the benefits plan.
(8) Senate Rule 12.03(1) is suspended to permit the
committee to alter text in the article of the bill that provides
for an effective date for the bill so that the article reads as
follows:
ARTICLE 14. EFFECTIVE DATE
SECTION 14.01. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, this Act
takes effect on the 91st day after the last day of the legislative
session.
Explanation: It is necessary to alter the effective date
article to conform to the separate effective date provision found
in ARTICLE 12 of the bill.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on October 10, 2003,
by the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate