78S30829 JRD-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 28
By: Bivins S.R. No. 133
R E S O L U T I O N
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 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 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.