SRC-AMY, LBB, VRA C.S.S.B. 1952 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1952
By: Ellis, Rodney
Government Organization
5/19/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.S.B. 1952 seeks to improve the efficiency and effectiveness of state
government by taking certain measures to reduce the current budget
deficit, including abolishing an agency and developing a program for
commercial use of state agency parking garages in Austin.  C.S.S.B. 1952
also decreases the allocation of office space per state employee from 153
to 135 square feet; delays membership in the Employees Retirement System
and the Teacher Retirement System by 90 days for new employees; and
requires state agencies with 100 or more full-time equivalent employees to
reach a 1:11 manager/staff ratio by 2007.  C.S.S.B. 1952 also provides for
creation of a Texas Innocence Commission to investigate post-conviction
exonerations and creates a Corporate Integrity Unit within the office of
the attorney general to assist in the enforcement of laws relating to
corporate fraud. 

RULEMAKING AUTHORITY

Provides in SECTION 1.01 (Section 1702.005, Transportation Code) that all
rules of the Texas Commission on Private Security relating to a
transferred power or duty remain in effect as rules of the Department of
Public Safety (DPS) until amended or repealed by DPS. 

Rulemaking authority is expressly granted to the Texas Building and
Procurement Commission in SECTION 5.01 (Section 2175.061, Government Code)
of this bill. 

Rulemaking authority is expressly granted to the board of trustees of the
Employees Retirement System in SECTION 6.02 (Section 813.514, Government
Code) and SECTION 6.04 (Section 823.406, Government Code) of this bill. 

Rulemaking authority is expressly granted to the Legislative Budget Board
in SECTION 8.01 (Section 651.004, Government Code) of this bill. 

Rulemaking authority is expressly granted to the comptroller in SECTION
10.03 (Section 152.0412, Tax Code) of this bill. 

Rulemaking authority is expressly granted to the Railroad Commission of
Texas in SECTION 17.01 (Article 6448a, Revised Statutes) of this bill. 

Rulemaking authority is expressly granted to the Board and Pardons and
Paroles in SECTION 23.05 (Section 508.036, Government Code) and SECTION
23.22 (Article 48.01, Code of Criminal Procedure) of this bill. 

Rulemaking authority is transferred from the Board of Pardons and Paroles
Policy Board to the Board of Pardons and Paroles in SECTION 23.10 (Section
508.0441, Government Code) and in SECTION 23.15 (Section 508.082,
Government Code) of this bill. 

Requires the Board of Pardons and Paroles and the presiding officer of the
Board of Pardons and Paroles, rather than the Board of Pardons and Paroles
Policy Board, to identify areas of inconsistency between the Texas
Department of Transportation and the Board of pardons and Paroles and to
amend rules or change policies and procedures as necessary for consistent
operation of the parole process in SECTION 23.20 (Section 492.0131,
Government Code) of this bill. 
 
Provides that on September 1, 2003, a rule of the Board of Pardons and
Paroles Policy Board is a rule of the Board of Pardons and Paroles in
SECTION 23.24 of this bill. 

Rulemaking authority is expressly granted to the Texas Higher Education
Coordinating Board in SECTION 25.01 (Sections 56.453 and 56.457, Education
Code) of this bill. 

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 26.05 (Article 21.74, Sections 2A and 2B, Insurance Code) of
this bill. 

Rulemaking authority is expressly granted to the DPS in SECTION  29.02
(Section 547.7015, Transportation Code) of this bill. 

Provides that rules adopted under SECTION 29.03 (Section 547.7015,
Transportation Code) before the effective date of this article and that
are in effect on the effective date of Article 29 are continued in effect
as rule of DPS until the rules are amended, repealed, or superseded by an
action of DPS. 

Rulemaking authority is expressly granted to the governing body of a state
governmental entity in SECTION 30.03 (Section 2263.004, Government Code)
of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY

SECTION 1.01.  Amends Subchapter A, Chapter 1702, Occupations Code, by
adding Section 1702.005, as follows: 

Sec. 1702.005.  COMMISSION ABOLISHED AND FUNCTIONS TRANSFERRED. (a)
Provides that the Texas Commission on Private Security (TCPS) is
abolished, and all powers, duties, personnel, property, assets, and
obligations of TCPS are transferred to the Department of Public Safety of
the State of Texas (DPS).  Provides that the validity of a prior action of
TCPS is not affected by the abolishment. 

(b)  Provides that all rules of TCPS relating to a transferred power or
duty remain in effect as rules of DPS until amended or repealed by DPS. 

(c)  Provides that a reference in this chapter or another law to TCPS
means DPS. 

ARTICLE 2.  IMPOSITION OF CERTAIN FEES

SECTION 2.01.  Amends Subchapter B, Chapter 1052, Occupations Code, by
adding Section 1052.0541, as follows: 

Sec. 1052.0541.  FEE INCREASE.  (a)  Provides that the fee for the
issuance of a certificate of registration under this chapter and the fee
for the renewal of a certificate of registration under this chapter is
increased by $200. 

(b)  Requires $50 of each fee increase collected to be deposited in the
foundation school fund and $150 deposited in the general revenue fund. 

SECTION 2.02.  Amends Subchapter B, Chapter 1053, Occupations Code, by
adding Section 1053.0521, as follows: 

Sec. 1053.0521.  FEE INCREASE.  (a)  Provides that the fee for the
issuance of a certificate of registration under this chapter and the fee
for the renewal of a certificate of registration under this chapter is
increased by $200. 

(b)  Requires $50 of each fee increase collected to be deposited in the
foundation school fund and $150 deposited in the general revenue fund. 
 
SECTION 2.03.  Amends Subchapter D, Chapter 1071, Occupations Code, by
adding Section 1071.1521, as follows: 

Sec. 1071.1521.  FEE INCREASE.  (a)  Provides that the fee for the
issuance of a certificate of registration to a registered professional
land surveyor under this chapter and the fee for the renewal of a
certificate of registration for a registered professional land surveyor
under this chapter is increased by $200. 

(b)  Requires $50 of each fee increase collected to be deposited in the
foundation school fund and $150 to be deposited in the general revenue
fund. 

(c)  Provides that this section does not apply to state agency employees
who are employed by the state as land surveyors. 

SECTION 2.04.  Amends Subchapter B, Chapter 1152, Occupations Code, by
adding Section 1152.053, as follows: 

Sec. 1152.053.  FEE INCREASE.  (a)  Provides that the fee for the
registration of a person under this chapter and the fee for the renewal of
a registration under this chapter is increased by $200. 

(b)  Requires $50 of each fee increase collected to be deposited in the
foundation school fund and $150 to be deposited in the general revenue
fund. 

SECTION 2.05.  Makes application of this article prospective.

ARTICLE 3.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES

SECTION 3.01.  Amends Subchapter E, Chapter 2165, Government Code, by
adding Section 2165.2035, as follows: 

Sec. 2165.2035.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES.
(a)  Provides that in this section, "lease" includes a management
agreement. 

(b)  Requires the Texas Building and Procurement Commission (TBPC) to
develop private, commercial uses for state-owned parking lots and garages
located in the City of Austin at locations TBPC determines are appropriate
for commercial uses outside of normal business hours. 

(c)  Authorizes TBPC to contract with a private vendor to manage the
commercial use of state-owned parking lots and garages. 

(d)  Requires money received from a lease under this program to be
deposited to the credit of the general revenue fund. 

(e)  Requires TBPC, on or before December 1 of each even-numbered year, to
submit a report to the legislature and the Legislative Budget Board
describing the effectiveness of the program under this section. 

(f)  Provides that the limitation on the amount of space allocated to
private tenants prescribed by Section 2165.205(b) does not apply to the
lease of a state-owned parking lot or garage under this section. 

(g)  Requires any lease of a state-owned parking lot or garage under this
section to contain a provision that allows state employees who work hours
other than regular working hours under Section 658.005 to retain their
parking privileges in a state-owned parking lot or garage. 

ARTICLE 4.  MANAGEMENT AND CONSTRUCTION OF STATE AGENCY OFFICE
 SPACE

SECTION 4.01.  Amends Section 2165.104(c), Government Code, to prohibit
TBPC, to the extent possible without sacrificing critical public or client
services, from allocating usable office space, as defined by TBPC, to a
state agency under Article I, II, V, VI, VII, or VIII of the General
Appropriations Act or to the Texas Higher Education Coordinating Board,
the Texas Education Agency, the State Board for Educator Certification,
the Telecommunications Infrastructure Fund Board, or the Office of Court
Administration of the Texas Judicial System in an amount that exceeds an
average of 135, rather than 153, square feet per agency employee for each
agency site. Provides that this subsection does not apply to certain
agency sites. 

SECTION 4.02.  Makes application of the change in law made by Section 4.01
of this article prospective to September 1, 2003.  Requires a lease
entered into or renewed before September 1, 2003, to be reviewed by TBPC
as the lease comes up for renewal to determine whether it would be
cost-effective to bring the lease into compliance with Section
2165.104(c), Government Code, as amended by this article. 

SECTION 4.03.   Authorizes the Texas Department of Transportation,
notwithstanding any other law, including Subchapter A, Chapter 2254, and
Chapters 2165, 2166, and 2167, Government Code, and Sections 202.052,
202.053, 203.051, 203.052, and 223.001, Transportation Code, to enter into
one or more agreements with a private entity offering the best value to
the state that includes certain criteria. 

ARTICLE 5.  DISPOSAL OF SURPLUS AND SALVAGE PROPERTY

SECTION 5.01.  Amends Section 2175.061, Government Code,  by adding
Subsections (c) and (d), as follows: 

(c)  Authorizes TBPC  by rule to determine the best method of disposal for
surplus and salvage property of the state under this chapter. 

(d)  Prohibits TBPC from providing for the disposal of real property of
the state under this chapter. 

SECTION 5.02.  Amends Section 2175.134(a), Government Code, to require
proceeds from the sale of surplus or salvage property, less the cost of
advertising the sale, the cost of selling the surplus or salvage property,
including the cost of auctioneer services, and the amount of the fee
collected under Section 2175.131, to be deposited to the credit of the
general revenue fund of the state treasury, rather than the appropriate
appropriation item of the state agency for which the sale was made. 

SECTION 5.03.  Amends 2175.182(a), Government Code, to delete text
providing that a state agency maintains ownership of property throughout
the disposal process. 

SECTION 5.04.  Amends Section 2175.185(b), Government Code, to delete text
requiring the comptroller to debit and credit the proper appropriations.
Makes conforming changes. 

SECTION 5.05.  Amends Section 2175.191(a), Government Code, to make a
conforming change. 

SECTION 5.06.  Amends Section 2175.361, Government Code, as follows:

Sec. 2175.361.  DEFINITIONS.  Redefines  "federal act" and "federal
property." 

SECTION 5.07.  Amends Section 2175.362(a), Government Code, to provide
that TBPC is the designated state agency under 40 U.S.C. Section 549 and
any other federal law providing for the disposal of federal surplus
property 

SECTION 5.08.  Amends Section 2175.364, Government Code, as follows:
 
Sec. 2175.364.  COMMISSION ASSISTANCE IN PROCUREMENT AND USE OF PROPERTY.
Includes "to assist in the processing of an application for acquisition of
federal real property and related personal property under 40 U.S.C.
Section 550 or any other federal law providing for the disposal of federal
surplus property"as an authorized action of TBPC. 

SECTION 5.09.  Amends Section 2175.367, Government Code, as follows:

Sec. 2175.367.  CONTRACTS.  Includes "a cooperative agreement with a
federal agency under 40 U.S.C. Section 549 or any other federal law
providing for the disposal of federal surplus property" as an agreement
TBPC is authorized to enter into.  

SECTION 5.10.  Repealer: Section 2175.134(b) (Proceeds of Sale), and
Section 2175.191(b) (Proceeds of Sale), Government Code. 

SECTION 5.11.  Provides that this article applies only to surplus and
salvage property of the state sold on or after September 1, 2003. 

ARTICLE 6.  CREDIT ESTABLISHED IN STATE RETIREMENT SYSTEMS

SECTION 6.01.  Amends Section 812.003, Government Code, by amending
Subsection (d) and adding Subsections (e) and (f), as follows: 

(d)  Provides that membership in the employee class begins on the 91st day
after the first day a person is employed or holds office. 

(e)  Provides that a person who is reemployed or who again holds office
after withdrawing contributions under Subchapter B for previous service
credited in the employee class begins membership in the employee class on
the 91st day after the first day the person is reemployed or again holds
office. 

(f)  Authorizes a member to establish credit only as provided by Section
813.514 for service performed during the 90-day waiting period provided by
Subsection (d) or (e), notwithstanding any other provision of law. 

SECTION 6.02.  Amends Subchapter F, Chapter 813, Government Code, by
adding Section 813.514, as follows: 

Sec. 813.514.  CREDIT PURCHASE OPTION FOR CERTAIN SERVICE.  (a) Authorizes
a member to establish credit under this section in the employee class only
for service performed during the 90-day waiting period provided by Section
812.003(d) or (e). 

(b)  Authorizes a member to establish service credit under this section by
depositing with the retirement system, for each month of service credit,
the actuarial present value, at the time of deposit, of the additional
standard retirement annuity benefits that would be attributable to the
purchase of the service credit under this section based on rates and
tables recommended by the retirement system's actuary and adopted by the
board of trustees. 

(c)  Requires the retirement system to grant the member one month of
equivalent membership service credit for each month of credit approved,
after a member makes the deposits required by this section.  Authorizes a
member to establish not more than three months of equivalent membership
service credit under this section. 

(d)  Requires the retirement system to deposit the amount of the actuarial
present value of the service credit purchased in the member's individual
account in the employees saving account. 
 
(e)  Authorizes the board of trustees to adopt rules to administer this
section, including rules that impose restrictions on the application of
this section as necessary to cost-effectively administer this section. 

SECTION 6.03.  Amends Section 822.001, Government Code, by adding
Subsections (c), (d), and (e), as follows: 

(c)  Provides that membership in the retirement system begins on the 91st
day after the first day a person is employed or holds office. 

(d)  Provides that a person who is reemployed or who again holds office
after withdrawing contributions for previous service credit begins
membership on the 91st day after the first day the person is reemployed or
again holds office. 

(e)  Authorizes a member to establish credit only as provided by Section
823.406 for service performed during the 90-day waiting period provided by
Subsection (c) or (d). 

SECTION 6.04.  Amends Subchapter E, Chapter 823, Government Code, by
adding Section 823.406, as follows: 

Sec. 823.406.  CREDIT PURCHASE OPTION FOR CERTAIN SERVICE.  (a) Authorizes
a member to establish membership service credit under this section only
for service performed during the 90-day waiting period provided by Section
822.001(c) or (d). 

(b)  Authorizes a member to establish service credit under this section by
depositing with the retirement system, for each month of service credit,
the actuarial present value, at the time of deposit, of the additional
standard retirement annuity benefits that would be attributable to the
purchase of the service credit under this section, based on rates and
tables recommended by the retirement system's actuary and adopted by the
board of trustees. 

(c)  Requires the retirement system to grant the member one month of
equivalent membership service credit for each month of credit approved,
after a member makes the deposits required by this section. 

(d)  Requires the retirement system to deposit the amount of the actuarial
present value of the service credit purchased in the member's individual
account in the employees saving account. 

(e)  Authorizes the board of trustees to adopt rules to administer this
section. 

SECTION 6.05.  Provides that Section 812.003, Government Code, as amended
by this article, and Section 813.514, Government Code, as added by this
article, apply only to a person who is first employed by or begins to hold
an office of the state on or after the effective date of this article and
to a former employee or office holder who has withdrawn retirement
contributions under Subchapter B, Chapter 812, Government Code, and is
reemployed by or begins to again hold an office of the state on or after
the effective date of this article. 

SECTION 6.06.  Provides that Section 822.001, Government Code, as amended
by this article, and Section 823.406, Government Code, as added by this
article, apply only to a person who is first employed on or after the
effective date of this article and to a former employee who has withdrawn
retirement contributions under Section 822.003, Government Code, and is
reemployed on or after the effective date of this article. 

ARTICLE 7.  STATE AGENCY HUMAN RESOURCES STAFFING AND FUNCTIONS

SECTION 7.01.  Amends Subtitle B, Title 6, Government Code, by adding
Chapter 670, as follows: 
 CHAPTER 670.  HUMAN RESOURCES STAFFING AND FUNCTIONS

Sec. 670.001.  DEFINITION.  Defines "state agency."

Sec. 670.002.  HUMAN RESOURCES STAFFING FOR LARGE STATE AGENCIES. Requires
a state agency with 500 or more full-time equivalent employees to adjust
the agency's human resources staff to achieve a human resources
employee-to-staff ratio of not more than one human resources employee for
every 85 staff members. 

Sec. 670.003.  HUMAN RESOURCES STAFFING FOR MEDIUM-SIZED AND SMALL STATE
AGENCIES; OUTSOURCING.  (a)  Requires the State Council on Competitive
Government to determine the cost-effectiveness of consolidating the human
resources functions of or contracting with private entities to perform the
human resources functions of state agencies that employ fewer than 500
full-time equivalent employees. 

(b)  Requires the council to issue a request for proposals for vendors to
perform the human resources functions of the agencies, if the council
determines that contracting with private entities is cost-effective. 

(c)  Requires the council to determine which human resources functions are
subject to the contract and which functions the agency may select to
perform itself. 

(d)  Requires each agency to pay for the contracts for human resources
functions out of the agency's human resources budget. 

SECTION 7.02.  (a) Requires each state agency with 500 or more full-time
equivalent employees to comply with the human resources employee-to-staff
ratio requirements in Section 670.002, Government Code, as added by this
article, not later than January 1, 2004. 

(b)  Requires the State Council on Competitive Government to conduct an
initial feasibility study to determine the cost-effectiveness of
consolidating the human resources functions of or contracting with private
entities to perform human resources functions of state agencies under
Section 670.003, Government Code, as added by this article, not later than
January 1, 2004. 

ARTICLE 8.  AGENCY STAFFING AND PRODUCTIVITY

SECTION 8.01.  Provides that effective September 1, 2003, Section 651.004,
Government Code, is amended by adding Subsections (c-1) and (d), as
follows: 

(c-1)  Prohibits a state agency in the executive branch of state
government that employs more than 100 full-time equivalent employees,
after August 31, 2004, to employ more than one full-time equivalent
employee in a management position for every eight full-time equivalent
employees that the agency employs in nonmanagerial staff positions.
Provides that this subsection expires September 1, 2005. 

(d)  Authorizes a state agency that believes that the minimum
management-to-staff ratios required by this section are inappropriate for
that agency to appeal to the Legislative Budget Board.  Requires the
Legislative Budget Board by rule to adopt appeal procedures. 

SECTION 8.02.  Provides that effective September 1, 2004, Section 651.004,
Government Code, is amended by adding Subsection (c-2) to prohibit a state
agency in the executive branch of state government that employs more than
100 full-time equivalent employees, after August 31, 2005, to employ more
than one full-time equivalent employee in a management position for every
nine full-time equivalent employees that the agency employs in
nonmanagerial staff positions. Provides that this subsection expires
September 1, 2006. 

 SECTION 8.03.  Provides that effective September 1, 2005, Section
651.004, Government Code, is amended by adding Subsection (c-3) to
prohibit a state agency in the executive branch of state government that
employs more than 100 full-time equivalent employees, after August 31,
2006, to employ more than one full-time equivalent employee in a
management position for every 10 full-time equivalent employees that the
agency employs in nonmanagerial staff positions. Provides that this
subsection expires September 1, 2007. 

SECTION 8.04.  (a)  Provides that effective September 1, 2006, Section
651.004, Government Code, is amended by adding Subsection (c) to prohibit
a state agency in the executive branch of state government that employs
more than 100 full-time equivalent employees to employ more than one
full-time equivalent employee in a management position for every 11
full-time equivalent employees that the agency employs in nonmanagerial
staff positions. 

(b)  Requires a state agency in the executive branch of government to
achieve the management-to-staff ratio required by Subsection (c), Section
651.004, Government Code, as added by this section, not later than August
31, 2007. 

SECTION 8.05.  Repealer:  Section 656.048(b) (Management-To-Staff-Ratios),
Government Code. 

ARTICLE 9.  ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION

SECTION 9.01.  Amends Section 72.101, Property Code, by adding Subsections
(c) and (d), as follows: 

(c)  Provides that property distributable in the course of a
demutualization, rehabilitation, or related reorganization of an insurance
company is presumed abandoned on the first anniversary of the date the
property becomes distributable if, on that date: 

(1)  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 
(2)  the owner has not:
(A)  communicated in writing with the holder of the property or the
holder's agent regarding the interest; or 
(B)  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)  Provides that property distributable in the course of a
demutualization, rehabilitation, or related reorganization of an insurance
company that is not subject to Subsection (c) is presumed abandoned as
otherwise provided by this section. 

SECTION 9.02.  Amends Section 74.301, Property Code, by amending
Subsection (a) and adding Subsection (d), as follows: 

(a)  Makes a conforming change.

(d)  Requires the holder to deliver the property and required report to
the comptroller on or before the following August 1, if the property
subject to delivery under Subsection (a) is proceeds from the
demutualization, rehabilitation, or related reorganization of an insurance
company. 

SECTION 9.03.  Effective date:  June 30, 2003, or September 1, 2003.

ARTICLE 10.  SALES TAX ON MOTOR VEHICLES

SECTION 10.01.  Amends Section 152.002, Tax Code, by adding Subsection (f)
to provide that,  notwithstanding Subsection (a), the total consideration
of a used motor vehicle is the amount on  which the tax is computed as
provided by Section 152.0412. 

SECTION 10.02.  Amends Section 152.041(a), Tax Code, to require the tax
assessor-collector of the county in which an application for registration
or for a Texas certificate of title is made to collect taxes imposed by
this chapter, subject to Section 152.0412, unless another person is
required by this chapter to collect the taxes. 

SECTION 10.03.  Amends Subchapter C, Chapter 152, Tax Code, by adding
Section 152.0412, as follows: 

Sec. 152.0412.  STANDARD PRESUMPTIVE VALUE; USE BY TAX ASSESSOR-COLLECTOR.
(a)  Defines "standard presumptive value." 

(b)  Requires a county tax assessor-collector to compute the tax on the
amount paid, if the amount paid for a motor vehicle subject to the tax
imposed by this chapter is equal to or greater than the standard
presumptive value of the vehicle. 

(c)  Requires a county tax assessor-collector to compute the tax on the
standard presumptive value unless the purchaser establishes the retail
value of the vehicle as provided by Subsection (d), if the amount paid for
a motor vehicle subject to the tax imposed by this chapter is less than
the standard presumptive value of the vehicle. 

(d)  Requires a county tax assessor-collector to compute the tax imposed
by this chapter on the retail value of a motor vehicle under certain
circumstances. 

(e) Requires a motor vehicle dealer operating under Subchapter B, Chapter
503, Transportation Code, to provide a certified appraisal of the retail
value of a motor vehicle, on request.  Requires the comptroller by rule to
establish a fee that a dealer may charge for providing the certified
appraisal. Requires the county tax assessor-collector to retain a copy of
a certified appraisal received under this section. 

(f)  Requires the Texas Department of Transportation (TxDOT) to maintain
information on the standard presumptive values of motor vehicles as part
of the department's registration and title system.  Requires TxDOT to
update the information at least quarterly each calendar year. 

SECTION 10.04.  (a)  Requires TxDOT, not later than September 1, 2003, to:

(1)  establish standard presumptive values for motor vehicles as provided
by Section 152.0412, Tax Code, as added by this Act; 
(2)  modify the department's registration and title system as needed to
include that information and administer that section; and 
(3)  make that information available through the system to all county tax
assessor-collectors. 

(b)  Requires the comptroller to certify the date on which TxDOT's
registration and title system, as modified under Subsection (a) of this
section, is in use by the 25 county tax assessor-collectors that remitted
to the comptroller the largest amount of taxes imposed under Chapter 152,
Tax Code, during the state fiscal year ending August 31, 2003. 

(c)  Requires TxDOT, if the date certified by the comptroller under
Subsection (b) of this section is later than September 23, 2003,  to
transfer $23 million from the state highway fund to the general revenue
fund on the first day of each month after that date until the earlier of: 

(1)  the date the comptroller issues the certification under Subsection
(b)  of this section; or 
(2)  the date the total amount transferred under this subsection equals
the lesser of: 
(A)  $200 million; or
(B)  the total amount in the state highway fund that is not allocated as
the result of a requirement in the Texas Constitution. 

ARTICLE 11.  INSURANCE FOR VOLUNTEER MEMBERS OF STATE BOARDS

SECTION 11.01.  Amends Section 1551.101(c), Insurance Code, as effective
June 1, 2003,  to make its provisions subject to Section 1551.321.  

SECTION 11.02.  Amends Subchapter G, Chapter 1551, Insurance Code, as
effective June 1, 2003, by adding Section 1551.321, as follows: 

Sec. 1551.321.  STATE CONTRIBUTION FOR CERTAIN INDIVIDUALS.  (a) Prohibits
the state or a state agency from making any contribution to the cost of
any coverages or benefits provided under this chapter for an individual
described by Section 1551.101(c) or a dependent of the individual. 

(b)  Requires an individual described by Section 1551.101(c) who
participates in the group benefits program to pay to the trustee, in the
manner specified by the trustee, the full cost of the coverages or
benefits provided to the individual or a dependent of the individual. 

SECTION 11.03.  (a)  Provides that the change in law made by this article
by the addition of Section 1551.321, Insurance Code, applies only to group
coverages provided under the group benefits program established under
Chapter 1551, Insurance Code, on and after September 1, 2003. 

(b)  Requires the Employees Retirement System of Texas, not later than the
30th day after the effective date of Section 1551.321, Insurance Code, as
added by this article, to notify each individual eligible to participate
in the group benefits program under Chapter 1551, Insurance Code, in
accordance with Subsection (c), Section 1551.101, Insurance Code, of the
applicable requirements of Section 1551.321, Insurance Code. 

ARTICLE 12.  UNCLAIMED PROPERTY

SECTION 12.01.  Amends Section 72.101(a), Property Code, to provide an
exception. 
 
SECTION 12.02.  Amends Subchapter B, Chapter 72, Property Code, by adding
Section 72.1015, as follows: 

Sec. 72.1015.  UNCLAIMED WAGES.  (a)  Defines "wages."

(b)  Provides that 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. 

ARTICLE 13.  APPROVAL OF STATE SECURITY

SECTION 13.01.  Amends Section 1231.041, Government Code, as follows:

Sec. 1231.041.  APPROVAL OF STATE SECURITY.  (a) Creates this subsection
from  existing text. 

(b)  Defines "state security."

ARTICLE 14.  JOINT EMERGENCY ORDERS RELATING TO STATE AGENCIES

SECTION 14.01.  Amends Subchapter F, Chapter 401, Government Code, by
adding Section 401.105, as follows: 

Sec. 401.105.  JOINT EMERGENCY ORDERS.  (a)  Defines "state agency."

(b)  Authorizes the governor, after making a determination that an
emergency exists, to submit to the Legislative Budget Board (LBB) a plan
that: 

(1)  identifies the emergency in reasonable detail; and
(2)  proposes changes in the organization and operations of a state agency
that the governor considers necessary as a result of the emergency. 

(c)  Authorizes the governor and LBB to jointly issue an emergency order
requiring the agency to implement the changes in its organization and
operations as provided in the order, if LBB agrees with the governor's
determination under Subsection (b). 

(d)  Provides that an emergency order issued jointly by the governor and
LBB under this section has the force and effect of law. 

(e)  Authorizes the governor and LBB to jointly amend or rescind an
emergency order issued under this section at any time. 

ARTICLE 15.  TEXAS HIGHER EDUCATION COORDINATING BOARD

SECTION 15.01.  Amends Section 61.022, Education Code, as follows:

Sec. 61.022.  MEMBERS OF BOARD; APPOINTMENT; TERMS OF OFFICE.  Requires
the board to consist of nine, rather than 18, members appointed by the
governor so as to provide representation from all areas of the state with
the advice and consent of the senate, and as the constitution provides.
Provides that members of the board serve staggered six-year terms.
Provides that the terms of one-third of the members expire August 31 of
each odd-numbered year.  Deletes existing text relating to the initial
appointments to the board.  

SECTION 15.02.  Requires the governor on August 31, 2003, or September 1,
2003, to achieve an orderly transition from 18 to 9 positions on the Texas
Higher Education Coordinating Board,  to appoint only three persons to the
coordinating board for terms expiring on August 31, 2009. Requires the
governor, on, or as soon as possible after, August 31, 2005, to appoint
only four members to the coordinating board for terms expiring on August
31, 2011.  Requires the governor, on, or as soon as possible after, August
31, 2007, to appoint only two members to the coordinating board for terms
expiring on August 31, 2013.  Requires the governor, as terms on the
coordinating board expire on and after August 31, 2009, to appoint three
members to the coordinating board in accordance with Section 61.022,
Education Code, as amended by this Act. 

ARTICLE 16.  REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION

SECTION 16.01.  Amends Subchapter C, Chapter 61, Education Code, by adding
Section 61.0515, as follows: 

Sec. 61.0515.  REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION.  (a) Requires
the board to perform a review of the organization and operations of each
university system office to: 

 (1)  identify appropriate organizational structures for university
systems and system offices; 
(2)  identify and quantify workforce and other resources at each system
office used to provide services and functions common to each system
office; and 
(3)  determine the extent to which system administration employees are
performing services and functions that are also provided by employees of
individual component institutions of each university system. 

(b)  Requires the board, in the review, to identify the number and types
of administrative and executive positions in the administration of each
university system, and  examine each major function, service, or activity
performed by certain university system offices. 

(c)  Requires the board, not later than November 1, 2004, to prepare a
report of the review and deliver the report to the governor, lieutenant
governor, speaker of the house of representatives, Legislative Budget
Board, and chair of the standing committee of each house of the
legislature with primary jurisdiction over higher education.  Requires the
board, in the report, to state its findings and identify opportunities for
legislative and administrative action relating to: 

(1)  the reorganization of university system offices and functions;
(2)  the consolidation or reorganization of university systems; and
(3)  the consolidation or centralization of functions, services, or
activities of university system offices. 

(d)  Requires the board, in the report, to identify potential reductions
in personnel and other cost savings associated with each legislative or
administrative action the board identifies under Subsection (c). 

(e)  Provides that this section expires September 1, 2005.

ARTICLE 17.  FEES FOR RAIL SAFETY PROGRAM

SECTION 17.01.  Amends Article 6448a, Revised Statutes, as follows:

Art. 6448a.  IMPLEMENTATION OF FEDERAL RAILROAD SAFETY ACT OF 1970

Sec. 1.  Creates this section from existing text.

Sec. 2.  (a)  Requires the Railroad Commission of Texas (RRC) by rule to
adopt and provide for the collection of reasonable fees to be assessed
annually against railroads operating within this state.  Prohibits the
amount of a fee imposed under this article from exceeding an amount
estimated by RRC to be sufficient in the aggregate to recover the costs of
administering RRC's rail safety program. 

(b)  Authorizes RRC, to provide for the equitable allocation of the cost
of administering RRC's rail safety program among railroads, to consider
the gross ton miles for railroad operations within this state for each
railroad operating in the state when assessing a fee. 

(c)  Requires a fee collected under this section to be deposited to the
credit of the general revenue fund. 


ARTICLE 18.  TEXAS TRANSPORTATION INSTITUTE

SECTION 18.01.  Amends Chapter 88, Education Code, by adding Subchapter D,
as follows: 

 SUBCHAPTER D.  TEXAS TRANSPORTATION INSTITUTE

Sec. 88.301.  DEFINITION.  Defines "institute."

Sec. 88.302.  FUNDING; LIMITATION ON GENERAL REVENUE.  (a)  Prohibits
general revenue of the state from being appropriated or used to fund an
activity or program of the institute if money from the state highway fund
could lawfully be appropriated and used to fund the activity or program. 

(b)  Requires the board to include a description of each major activity or
program of the center and a statement of the board's opinion whether the
activity or program could be lawfully funded in whole or part by money
from the state highway fund, in any request or proposal by the board to
the legislature, Legislative Budget Board, or Texas Higher Education
Coordinating Board for an appropriation for the institute. 

SECTION 18.02.  Provides that Section 88.302, Education Code, as added by
this article, does not affect the validity of an appropriation made to the
Texas Transportation Institute before the effective date of this article
or the use of the appropriated money by the institution. 

ARTICLE 19.  WRITTEN COMMENTS BY THE GENERAL LAND OFFICE ON TEXAS BUILDING
AND PROCUREMENT COMMISSION LEASES 

SECTION 19.01.  Repealer:
(1)  Section 2165.154 (Comment by General Land Office), Government Code;
and 
(2)  Section 2165.204 (Comment by General Land Office), Government Code.

ARTICLE 20.  DEFINITION OF RECYCLED PRODUCT

SECTION 20.01.  Amends Section 2155.445, Government Code, by adding
Subsection (d) to provide that in addition to the products covered by the
definition adopted by rule under this section, in this section "recycled
product" includes recycled steel products.  Provides that the preference
for recycled steel products under this section applies also to products
purchased in connection with projects described by Section 2166.003. 

ARTICLE 21.  TEXAS INNOCENCE COMMISSION

SECTION 21.01.  Amends Chapter 43, Code of Criminal Procedure, by adding
Article 43.27, as follows: 

Art. 43.27.  TEXAS INNOCENCE COMMISSION

Sec. 1.  CREATION.  Provides that the Texas Innocence Commission is
created on the date the governor determines the need for the creation of
the commission. 

Sec. 2.  COMPOSITION.  (a)  Provides that the commission is composed of
nine members.  Requires the governor to appoint two members, one of whom
must be a dean of a law school and one of whom must be a law enforcement
officer.  Requires the attorney general to appoint one member, who must be
an attorney who represents the state in the prosecution of felonies.
Requires the chair of the criminal justice committee of the senate to
appoint one member, who may be a member of the legislature.  Requires the
chair of the criminal jurisprudence committee of the house of
representatives to appoint one member, who may be a member of the
legislature.  Requires the chief justice of the supreme court to appoint
one member, who must be a member of the judiciary. Requires the chancellor
of The University of Texas System to appoint two members, one who must be
a law professor and one who must work in the forensic science field.
Requires the Texas Criminal Defense Lawyers Association to appoint one
member, who must be a criminal defense lawyer. 

 (b)  Provides that each member serves a two-year term.

(c)  Requires the governor to designate a member to serve as presiding
officer. 

Sec. 3.  DUTIES.  (a)  Requires the commission to investigate thoroughly
all post-conviction exonerations, including convictions vacated based on a
plea to time served, to: 

(1)  ascertain errors and defects in the criminal procedure used to
prosecute the defendant's case at issue; 
(2)  identify errors and defects in the criminal justice process in this
state generally; 
(3)  develop solutions and methods to correct the identified errors and
defects; and 
(4)  identify procedures and programs to prevent future wrongful
convictions. 

(b)  Authorizes the commission to enter into contracts for research
services as considered necessary to complete the investigation of a
particular case, including forensic testing and autopsies. 

(c)  Authorizes the commission to administer oaths and issue subpoenas,
signed by the presiding officer, to compel the production of documents and
the attendance of witnesses as considered necessary to conduct a thorough
investigation.  Requires a subpoena of the commission to be served by a
peace officer in the manner in which district court subpoenas are served.
Requires a district court of Travis County to compel compliance with the
subpoena in the same manner as for district court subpoenas, on
application of the commission. 

Sec. 4.  REPORT.  (a)  Requires the commission to compile a detailed
annual report of its findings and recommendations, including any proposed
legislation to implement procedures and programs to prevent future
wrongful convictions. 

(b)  Requires the report to be made available to the public on request.

(c)  Prohibits the findings and recommendations contained in the report
from being used as binding evidence in a subsequent civil or criminal
proceeding. 

Sec. 5.  SUBMISSION.  Requires the commission to submit the report
described by Section 4 to the governor, the lieutenant governor, and the
speaker of the house of representatives not later than December 1 of each
even-numbered year. 

Sec. 6.  RESPONSE.  Requires the governor, lieutenant governor, and
speaker of the house of representatives, not later than the 60th day after
the date of receipt of the report required by this article,  to singly or
jointly, issue a formal written response to the findings and
recommendations of the commission. 

Sec. 7.  REIMBURSEMENT.  Provides that a member of the commission is not
entitled to compensation but is entitled to reimbursement for the member's
travel expenses as provided by Chapter 660, Government Code, and the
General Appropriations Act. 

Sec. 8.  ASSISTANCE.  Requires the Texas Legislative Council, the
Legislative Budget Board, the Criminal Justice Policy Council, and The
University of Texas at Austin to assist the commission in performing the
commission's duties. 

Sec. 9.  OTHER LAW.  Provides that the commission is not subject to
Chapter 2110, Government Code. 

SECTION 21.02.  Requires the appointments to the Texas Innocence
Commission as required by  Article 43.27, Code of Criminal Procedure, as
added by this article, to be made not later than the 60th day after the
effective date of this article. 

ARTICLE 22.  ECONOMIC DEVELOPMENT PROGRAMS

SECTION 22.01.  Amends Subchapter B, Chapter 481, Government Code, by
adding Section 481.0215, as follows: 

Sec. 481.0215.  COORDINATION OF ECONOMIC DEVELOPMENT EFFORTS.  (a)
Requires the executive director of the department to work with the
legislature and state agencies to identify grants and programs at all
levels of government and to maximize access to federal funds for economic
development. 

(b)  Requires the executive director of the department, at the direction
of the governor, to work with each state agency that administers a program
relating to job training or job creation, including the Texas Workforce
Commission, the Council on Workforce and Economic Competitiveness, the
Department of Agriculture, and the Office of Rural Affairs, to address the
challenges facing the agencies relating to job training and job creation. 

(c)  Authorizes the executive director of the department to form
partnerships or enter into agreements with private entities and develop
connections with existing businesses in this state for the purpose of
improving the marketing of this state through networking and clarifying
the potential of the businesses for expansion. 

SECTION 22.02.  Amends Subchapter E, Chapter 481, Government Code, by
adding Section 481.078, as follows: 

Sec. 481.078.  TEXAS ENTERPRISE FUND.  (a)  Provides that the Texas
enterprise fund is an account in the general revenue fund. 

(b)  Requires the following amounts to be deposited in the fund:

(1)  any amounts appropriated by the legislature for the fund;
(2)  interest earned on the investment of money in the fund; and
(3)  gifts, grants, and other donations received for the fund.

(c)  Authorizes the fund to be used for economic development,
infrastructure development, community development, job training programs,
and business incentives. 

(d)  Authorizes the fund to be temporarily used by the comptroller for
cash management purposes. 

(e)  Authorizes the governor to negotiate on behalf of the state to grant
money from the fund and provides that the governor may only direct the use
of money from the fund with the express written consent of the Legislative
Budget Board. 

(f)  Authorizes the governor, before granting money from the fund, to
enter into a written agreement with the entity being granted funds
specifying that: 

(1)  if all or any portion of the amount of the grant is used to build
infrastructure or make any other type of capital improvement, the state
must: 
(A)  retain a lien or other interest in the capital improvement in
proportion to the percentage of the grant amount used to pay for the
capital improvement; and 
(B)  ensure that if the capital improvement is sold, the recipient repays
the department, with interest at the agreed rate and terms,  any state
money used to pay for the capital improvement and shares with this state a
proportionate amount of any profit realized from the sale; and 
(2)  if, on the expiration of a date provided in the agreement, the grant
recipient fails to use an amount awarded under this section for any of the
purposes for which the grant was intended, the recipient shall repay that
amount and any related interest to the state at the agreed rate and on the
agreed terms. 

SECTION 22.03.  Amends Subchapter K, Chapter 481, Government Code, by
adding Section 481.169, as follows: 

Sec. 481.169.  ADVISORY BOARD OF ECONOMIC DEVELOPMENT STAKEHOLDERS.  (a)
Provides that an advisory board of economic development stakeholders is
created to assist the department. 

(b)  Provides that the advisory board is composed of seven members who
serve staggered four-year terms.  Requires the governor to appoint three
members, the lieutenant governor to appoint two members, and the speaker
of the house of representatives to appoint two members to the advisory
board.  Requires the governor, lieutenant governor, and speaker of the
house of representatives to each appoint one of the initial members to a
two-year term.  Requires, thereafter, each member of the advisory board to
be appointed to a four-year term. 

(c)  Requires the advisory board to collect and disseminate information on
federal, state, local, and private community economic development
programs, including loans, grants, and other funding sources. 

SECTION 22.04.  Amends Section 311.0125, Tax Code, by adding Subsection
(e) to authorize the Texas Department of Economic Development to recommend
that a taxing unit enter into a tax abatement agreement with a person
under this chapter.  Requires the board of directors of the reinvestment
zone and the governing body of a taxing unit, in determining whether to
approve an agreement to abate taxes on real property in a reinvestment
zone under Subsection (b), to consider any recommendation made by the
Texas Department of Economic Development. 

SECTION 22.05.  Amends Section 312.204, Tax Code, by adding Subsection (g)
to authorize the Texas Department of Economic Development to recommend
that a taxing unit enter into a tax abatement agreement with a person
under this chapter.  Requires the governing body of a municipality, in
determining whether to enter into a tax abatement agreement under this
section, to consider any recommendation made by the Texas Department of
Economic Development. 

SECTION 22.06.  Amends Section 312.402, Tax Code, by adding Subsection (f)
to authorize the Texas Department of Economic Development to recommend
that a taxing unit enter into a tax abatement agreement with a person
under this chapter. Requires the commissioners court of a county, in
determining whether to enter into a tax abatement agreement under this
section, to consider any recommendation made by the Texas Department of
Economic Development. 

SECTION 22.07.  Amends Section 313.025, Tax Code, by adding Subsection (g)
to authorize the Texas Department of Economic Development to recommend
that a school district grant a person a limitation on appraised value
under this chapter.  Requires the governing body of the school district,
in determining whether to grant an application, to consider any
recommendation made by the Texas Department of Economic Development. 

ARTICLE 23.  BOARD OF PARDONS AND PAROLES
 
SECTION 23.01.  Amends Section 508.001, Government Code, by amending
Subdivision (8) and adding Subdivision (10) as follows: 

(8)  Defines "parole commissioner." Deletes the definition of "policy
board." 
 
(10)  Defines "presiding officer."

SECTION 23.02.  Amends Section 508.031(a), Government Code, as follows:
 
(a)  Provides that the Texas Board of Pardons and Paroles (board) consists
of seven rather than 18 members appointed by the governor with the advice
and consent of the senate. 
 
SECTION 23.03.  Amends Section 508.034, Government Code, as follows:
 
Sec. 508.034.  GROUNDS FOR REMOVAL.  (a)  Sets forth grounds for removal
from the board that for a member, to include that a member 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 rather than by majority vote of the presiding
officer, rather than of the board.  Deletes existing Subsection (b)
regarding a particular ground for removal, and renumbers subsequent
subsection accordingly. 
 
(b) Requires the board administrator or the board administrator's designee
to provide to members of the board, rather than 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) Provides that the validity of an action of 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.  Deletes existing text regarding the policy board
not being affected by the fact that the action is taken when a ground for
removal of a member of the policy board exists. 
 
(d) Redesignated from Subsection (e), with no change to this subsection. 
 
(e)  Redesignated from Subsection (f).  Provides that it is a ground for
removal from the board that a member fails to comply with policies or
rules adopted by the board, rather than by the policy board. 
 
SECTION 23.04.  Amends Section 508.035, Government Code, by amending
Subsection (c) and adding Subsection (d), as follows: 
 
(c)  Provides that the presiding officer reports directly to the governor
and serves as the administrative head of the board, rather than the head
of the policy board and the board. 
 
(d)  Authorizes the presiding officer to:  delegate responsibilities and
authority to other members of the board, parole commissioners, or to
employees of the board; appoint advisory committees from the membership of
the board or from parole commissioners to further the efficient
administration of board business; and establish policies and procedures to
further the efficient administration of the business of the board. 
 
SECTION 23.05.  Amends Section 508.036, Government Code, as follows:
 
Sec. 508.036.  New heading:  GENERAL ADMINISTRATIVE  DUTIES.  (a)  Sets
forth the administrative duties of the presiding officer.  Deletes
existing text regarding the governor designating six members of the board
to serve as the Board of Pardons and Paroles Policy Board.  Deletes
existing text requiring the governor to designate the presiding officer of
the board as one of the six members of the policy board, and requiring the
presiding officer of the board to serve as presiding officer of the policy
board. Deletes text regarding service on the policy board being an
additional duty of office for members appointed to the policy board.
Deletes existing text regarding members of the board designated as members
of the policy board serving on the policy board for six-year  terms that
are concurrent with their six-year terms on the board, with the service of
two members expiring February 1 of each odd-numbered year. 

(b)  Requires the board to:

(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)  Requires the board administrator to 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)  Provides that the board, in performing its duties, is subject to the
open meetings law, Chapter 551, and the administrative procedure law,
Chapter 2001. Provides that 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 23.06.  Amends Section 508.0362, Government Code, as follows:
 
Sec. 508.0362.  TRAINING REQUIRED.  (a)(1)  Makes conforming changes. 

(a)(2)  Prohibits a parole commissioner employed by the board from voting
or deliberating 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)  Requires a training program to provide information to the person
regarding: certain items including the role and functions of the board and
parole commissioners.  Makes conforming changes. 
  
SECTION 23.07.  Amends Section 508.040(a), Government Code, as follows:
 
(a)  Provides that the presiding officer is responsible for the employment
and supervision of, rather than requires the policy board to employ and
supervise: 
(1)  parole commissioners;
(2)  a general counsel to the board;
(3)  a board administrator to manage the day-to-day activities of the
board; 
(4)  hearing officers;
(5)  personnel to assist in clemency and hearing matters; and
(6)  secretarial or clerical personnel.
Makes conforming changes.

SECTION 23.08.  Amends Section 508.041, Government Code, as follows:
 
Sec. 508.041.  DESIGNEE TRAINING; HANDBOOK.  (a)  Makes conforming changes.
  
(c)  Makes a conforming change.
 
SECTION 23.09.  Amends Section 508.042, Government Code, as follows:
 
 Sec. 508.042.  New heading:  TRAINING PROGRAM FOR MEMBERS AND PAROLE
COMMISSIONERS.  (a)  Makes conforming changes. 
 
 (b)(1)  Makes a conforming change.

(2)  Prohibits a  new parole commissioner from participating in a vote of
a panel until the commissioner completes the program.  Provides that this
subdivision does not apply to a new parole commissioner who as a board
member completed the program. 
 
SECTION 23.10.  Amends Subchapter B, Chapter 508, Government Code, by
amending Section 508.044 and adding Section 508.0441, as follows: 
 
Sec. 508.044.  POWERS AND DUTIES OF BOARD.  Requires a board member to
give full time to the duties of the member's office, including duties
imposed on the board by the Texas Constitution and other law.  Combines
existing Subsections (a) and (b). 

Sec. 508.0441.  New heading:  RELEASE AND REVOCATION DUTIES.  (a)
Requires board members and parole commissioners to make certain
determinations. 
  
(b)  Redesignated from Section 508.044(c).  Requires the board, rather
than the policy board, to 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 certain decisions. 
  
(c)  Makes conforming changes.
 
(d)  Redesignated from Section 508.044(e).  Authorizes the presiding
officer, rather than the policy board to provide a written plan for the
administrative review of actions taken by a parole panel by a review
panel, rather than the entire membership or by a subset of the entire
membership of the board.  Makes conforming changes. 
 
(e)  Redesignated from Section 508.044(f).  Makes a conforming change.

SECTION 23.11.  Amends Section 508.045, Government Code, as follows:
 
Sec. 508.045.  PAROLE PANELS.  (a)  Requires board members and parole
commissioners, except as provided by Section 508.046, to act in panels
composed of three, rather than three persons each, in certain matters. 
  
(b)  Requires the presiding officer, rather than the presiding officer of
the board, to designate the composition of each panel, and authorizes the
presiding officer to designate panels composed only of board members,
composed only of parole commissioners, or composed of any combination of
members and parole commissioners. 
 
(c) No change to this subsection.

SECTION 23.12.  Amends Section 508.047(a), Government Code, to make a
conforming change. 
 
SECTION 23.13.  Amends Section 508.047(b), Government Code, to provide
that except as provided by Article 48.011, Code of Criminal Procedure, the
members of the board are not required to meet as a body to perform the
members' duties in clemency matters. 
 
SECTION 23.14.  Amends Section 508.049, Government Code, to make
conforming changes.   
SECTION 23.15.  Amends Section 508.082, Government Code, to make
conforming changes. 
  
SECTION 23.16.  Amends Section 508.144(b), Government Code, to make
conforming changes. 
 
SECTION 23.17.  Amends Section 508.153(b), Government Code, to make
conforming changes.   
SECTION 23.18.  Amends Section 508.281(a), Government Code, is amended
make a conforming change. 
 
SECTION 23.19.  Amends Section 508.313(c), Government Code, to make a
conforming change. 
 
SECTION 23.20.  Amends Section 492.0131, Government Code, as follows:
 
Sec. 492.0131.  PAROLE RULES, POLICIES, PROCEDURES.  Requires the board
and the presiding officer of the Board of Pardons and Paroles, rather than
the Board of Pardons and Paroles, to 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.  Requires the
board and the presiding officer of the Board of Pardons and Paroles,
rather than the policy board, to identify areas of inconsistency between
the Texas Department of Criminal Justice and the Board of Pardons and
Paroles and to amend rules or change policies and procedures as necessary
for consistent operation of the parole process. 
 
SECTION 23.21.  Amends Section 551.124, Government Code, as follows:
 
Sec. 551.124.  BOARD OF PARDONS AND PAROLES.  Provides that other than the
deliberations of the board, the proceedings at the telephone conference
call hearing are required to be recorded and made available to the public
in the same manner as if the members of the board had met as a body to
hold the hearing. 
 
SECTION 23.22.  Amends Chapter 48, Code of Criminal Procedure, by adding
Article 48.011, as follows: 
 
Art. 48.011.  MEETINGS:  CAPITAL CASE.  (a)  Requires the members of the
Board of Pardons and Paroles, in a capital case,  to perform the members'
duties in clemency matters by meeting as a body or by participating in a
telephone conference call as permitted by Section 551.124, Government
Code. 
 
(b)  Requires the Board of Pardons and Paroles to deliberate privately,
but at the conclusion of deliberations each board member to announce
publicly the member's individual decision as to whether to recommend
clemency and to sign the member's name with the member's written
recommendation and reasons for that recommendation. 
 
(c)  Requires the Board of Pardons and Paroles to adopt rules as necessary
to implement the requirements of this article. 
 
SECTION 23.23.  Repealer:  Section 508.0361 (Policy Board: General
Administrative Provisions), Government Code. 
 
SECTION 23.24.  (a)  Requires the governor to appoint new members to the
Board of Pardons and Paroles on or before January 1, 2004, and provides
that the terms of members serving on December 31, 2003, expire on the
appointment of the new members.  Authorizes the governor to appoint but
does not require the governor to appoint as new members persons who served
on the board before January 1, 2004. 
 
(b)  Requires the governor to appoint, of the new members of the Board of
Pardons and Paroles, 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.  Provides that 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)  Provides that on September 1, 2003, a rule of the Board of Pardons
and Paroles Policy Board is a rule of the Board of Pardons and Paroles. 
 
SECTION 23.25.  (a)  Provides that the changes in law made by Sections
23.13, 23.21, and 23.22 of this article apply only to a consideration by
the Board of Pardons and Paroles regarding a clemency matter in a capital
case that occurs on or after the effective date of this article. 
 
(b)  Requires the Board of Pardons and Paroles to adopt the rules required
by Subsection (c), Article 48.011, Code of Criminal Procedure, as added by
this article, not later than October 1, 2003. 

ARTICLE 24.  TEACHER PAPERWORK AND EDUCATION PROGRAMS
 
SECTION 24.01.  Amends Section 11.164, Education Code, as follows:
 
Sec. 11.164.  New heading:  RESTRICTING WRITTEN INFORMATION.   (a)
Requires the board of trustees of each school district to limit redundant
requests for information, and the number and length of written reports
that a classroom teacher is required to prepare, rather than requiring on
an annual basis the board of trustees of each school district to, after
soliciting recommendations from each campus level committee and the
district level committee, consider the number and length of written
reports that employees of the district are required to prepare.  Provides
that a classroom teacher may not be required to prepare any written
information other than certain specific information. 
  
(b)  Requires the board of trustees to review paperwork requirements
imposed on classroom teachers and to transfer to existing noninstructional
staff a reporting task that can reasonably be accomplished by that staff. 
 
(c)  Provides that this section does not preclude a school district from
collecting essential information, in addition to information specified
under Subsection (a), from a classroom teacher on agreement between the
classroom teacher and the district. 
 
SECTION 24.02.  Amends Subchapter C, Chapter 29, Education Code, by adding
Section 29.089, as follows: 
 
Sec. 29.089.  MENTORING SERVICES PROGRAM.  (a)  Authorizes each school
district to provide a mentoring services program to students at risk of
dropping out of school, as defined by Section 29.081. 
 
(b)  Requires a district that provides a mentoring services program using
funds allocated under Section 42.152 to meet standards adopted by the
governor under the mentoring initiative established by the governor. 
 
(c)  Requires the board of trustees of the district to obtain the consent
of a student's parent or guardian before allowing the student to
participate in the program. 
 
(d)  Authorizes the board of trustees of the district to arrange for any
public or private community-based organization to come to the district's
schools and implement the program. 
 
SECTION 24.03.  Amends Section 42.152, Education Code, by adding
Subsection (c-1), as follows: 
 
(c-1)  Authorizes funds allocated under this section,  notwithstanding
Subsection (c), to  be used to fund a district's mentoring services
program under Section 29.089. 
 
SECTION 24.04.  (a)  Provides that Section 11.164, Education Code, as
amended by this article, applies beginning with the 2003-2004 school year. 
 
(b)  Provides that Section 24.01 of this Act 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.
Provides that if this Act does not receive the vote necessary for
immediate effect, Section 24.01 of this Act takes effect September 1,
2003. 

ARTICLE 25.  TEXAS B-ON-TIME LOAN PROGRAM
 
SECTION 25.01.  Amends Chapter 56, Education Code, by adding Subchapter Q,
as follows: 

SUBCHAPTER Q.  TEXAS B-ON-TIME LOAN PROGRAM

Sec. 56.451.  DEFINITIONS.  Defines "coordinating board," "eligible
institution," and "general academic teaching institution." 
   
Sec. 56.452.  PROGRAM NAME; PURPOSE.  (a)  Provides that the student loan
program authorized by this subchapter is known as the Texas B-On-time loan
program, and an individual loan awarded under this subchapter is known as
a Texas B-On-time loan. 
 
(b)  Provides that the purpose of this subchapter is to provide
no-interest loans to eligible students to enable those students to attend
all public and private or independent institutions of higher education in
this state. 
 
Sec. 56.453.  ADMINISTRATION OF PROGRAM; RULES.  (a)  Requires the
coordinating board to:  administer the Texas B-On-time loan program;
determine the repayment and other terms of a Texas B-On-time loan; and, in
consultation with the student financial aid officers of eligible
institutions, adopt any rules necessary to implement the program or this
subchapter. 
 
(b)  Authorizes the coordinating board to charge and collect a loan
origination fee from a person who receives a Texas B-On-time loan to be
used by the board to pay for the operating expenses for making loans under
this subchapter. 
 
(c)  Prohibits the total amount of Texas B-On-time loans awarded from
exceeding the amount available in the Texas B-On-time student loan account
under Section 56.463. 
 
Sec. 56.454.  PERSONS NOT ELIGIBLE.  (a)  Provides that a person is not
eligible to receive a Texas B-On-time loan if the person has been granted
a baccalaureate degree. 
 
(b)  Prohibits a person from receiving a Texas B-On-time loan for more
than 150 semester credit hours or the equivalent. 
 
Sec. 56.455.  INITIAL ELIGIBILITY FOR LOAN.  Sets forth the initial
requirements for eligibility for a Texas B-On-time loan. 
 
Sec. 56.456.  CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE
REQUIREMENTS.  (a)  Provides that after initially qualifying for a Texas
B-On-time loan, a person may continue to receive a Texas B-On-time loan
for each semester or term in which the person is enrolled at an eligible
institution only if the person meets certain requirements. 
   
(b)  Provides that if a person fails to meet any of the requirements of
Subsection (a) after the completion of any semester or term, the person
may not receive a  Texas B-On-time loan for the next semester or term in
which the person enrolls. Provides that a person may become eligible to
receive a Texas B-On-time loan in a subsequent semester or term if the
person meets certain requirements. 
  
(c)  Provides that a person who is eligible to receive a Texas B-On-time
loan continues to remain eligible to receive the Texas B-On-time loan if
the person enrolls in or transfers to another eligible institution. 
 
(d)  Provides that a person who qualifies for and subsequently receives a
Texas BOn-time loan, who receives an undergraduate certificate or
associate degree, and who, not later than the 12th month after the month
the person receives the certificate or degree, enrolls in a program
leading to a higher-level undergraduate degree continues to be eligible
for a Texas B-On-time loan to the extent other eligibility requirements
are met. 
 
Sec. 56.457.  WAIVER OF COURSE LOAD REQUIREMENT.  (a)  Requires the
coordinating board to adopt rules to allow a person who is otherwise
eligible to receive a Texas B-On-time loan, in the event of a hardship or
other good cause, to receive a Texas B-On-time loan while enrolled in a
number of semester credit hours that is less than the number of semester
credit hours required under Section 56.455 or 56.456, as applicable. 
 
(b)  Prohibits the coordinating board from allowing a person to receive a
Texas BOn-time loan while enrolled in fewer than six semester credit
hours. 
 
Sec. 56.458.  LOAN USE.  Authorizes a person receiving a Texas B-On-time
loan to use the money to pay for any usual and customary costs of
attendance at an eligible institution incurred by the student, including
tuition, fees, books, and room and board. 
 
Sec. 56.459.  LOAN AMOUNT.  (a)  Provides that the amount of a Texas
B-On-time loan for a semester or term for a student enrolled full-time at
an eligible institution other than an institution covered by Subsection
(b), (c), or (d) is an amount determined by the coordinating board as the
average statewide amount of tuition and required fees that a resident
student enrolled full-time in an undergraduate degree program would be
charged for that semester or term at general academic teaching
institutions. 
 
(b)  Provides that the amount of a Texas B-On-time loan for a student
enrolled full-time at a private or independent institution of higher
education is an amount determined by the coordinating board as the average
statewide amount of tuition and required fees that a resident student
enrolled full-time in an undergraduate degree program would be charged for
that semester or term at general academic teaching institutions. 
 
(c)  Provides that the amount of a Texas B-On-time loan for a student
enrolled full-time at a public technical institute is the amount
determined by the coordinating board as the average statewide amount of
tuition and required fees that a resident student enrolled full-time in an
associate degree or certificate program would be charged for that semester
or term at public technical institutes. 
 
(d)  Provides that the amount of a Texas B-On-time loan for a student
enrolled full-time at a public junior college is the amount determined by
the coordinating board as the average statewide amount of tuition and
required fees that a student who is a resident of the junior college
district and is enrolled full-time in an associate degree or certificate
program would be charged for that semester or term at public junior
colleges. 
 
(e)  Requires the coordinating board, not later than January 31 of each
year, to publish the amounts of each loan established by the board for
each type of institution for the academic year beginning the next fall
semester. 
 
 (f)  Provides that if in any academic year the amount of money in the
Texas B-Ontime student loan account is insufficient to provide the loans
to all eligible persons in amounts specified by this section, the
coordinating board is required to determine the amount of available money
and to allocate that amount to eligible institutions in proportion to the
number of full-time equivalent undergraduate students enrolled at each
institution.  Requires each institution to use the money allocated to
award Texas B-On-time loans to eligible students enrolled at the
institution selected according to financial need. 
 
Sec. 56.460.  NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF SCHOOL
DISTRICTS.  (a)  Requires the coordinating board to distribute to each
eligible institution and to each school district a copy of the rules
adopted under this subchapter. 
 
(b)  Requires each school district to notify its middle school students,
junior high school students, and high school students, those students'
teachers and counselors, and those students' parents or guardians of the
Texas B-On-time loan program and the eligibility requirements of the
program. 
 
Sec. 56.461.  LOAN PAYMENT DEFERRED.  Provides that the repayment of a
Texas B-On-time loan received by a student under this subchapter is
deferred as long as the student remains continuously enrolled in an
undergraduate degree or certificate program at an eligible institution. 
 
Sec. 56.462.  LOAN FORGIVENESS.  Requires a student who receives a Texas
B-Ontime loan to be forgiven the amount of the student's loan if the
student is awarded an undergraduate certificate or degree at an eligible
institution with a cumulative grade point average of at least 3.0 on a
four-point scale or a certain equivalent. 
  
Sec. 56.463.  TEXAS B-ON-TIME STUDENT LOAN ACCOUNT.  (a)  Provides that
the Texas B-On-time student loan account is an account in the general
revenue fund. Provides that the account consists of gifts and grants and
legislative appropriations received under Section 56.464, tuition set
aside under Section 56.465, and other money required by law to be
deposited in the account. 
 
(b)  Provides that money in the Texas B-On-time student loan account may
be used only as provided by this subchapter. 
 
Sec. 56.464.  FUNDING.  (a)   Authorizes the coordinating board to solicit
and accept gifts and grants from any public or private source for the
purposes of this subchapter. 
 
(b)  Authorizes the coordinating board to issue and sell general
obligation bonds under Subchapter F, Chapter 52, for the purposes of this
subchapter. 
 
(c)  Authorizes the legislature to appropriate money for the purposes of
this subchapter. 
 
Sec. 56.465.  TUITION SET ASIDE FOR PROGRAM.  (a)  Requires the governing
board of each institution of higher education to cause to be set aside
five percent of the amount of the tuition charged to a student at the
institution under Section 54.0513 that is in excess of 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)  Requires the amount of tuition set aside under Subsection (a) to be
deposited to the credit of the Texas B-On-time student loan account
established under Section 56.463. 
 
SECTION 25.02.  Amends Section 52.82(d), Education Code, to prohibit the
total amount of bonds issued by the board in a state fiscal year from
exceeding $125, rather than $100, million. 
 
 SECTION 25.03.  Amends Section 52.89, Education Code, by amending
Subsection (c) and adding Subsection (c-1), as follows: 
 
(c)  Requires the board to deposit to the credit of the fund any proceeds
from the sale of bonds, rather than to deposit the proceeds from the sale
of bonds in the fund,  excluding: any accrued interest on the bonds which
shall be deposited in the board interest and sinking fund relating to the
bonds; and  proceeds from the sale of bonds issued by the board under
Section 56.464(b) to provide Texas B-On-time student loans. 
 
(c-1)  Authorizes the proceeds from the sale of bonds issued by the board
under Section 56.464(b) to provide Texas B-On-time student loans,
notwithstanding Subsection (c), to be deposited to the credit of the fund
by resolution of the board. 
 
SECTION 25.04.  Amends Subchapter F, Chapter 52, Education Code, by
amending Section 52.90 and adding Section 52.91, as follows: 
 
Sec. 52.90.  LOANS FROM FUND.  (a)  Requires the board:  to make a loan
from the fund to a student who qualifies for a loan under Subchapter C;
and authorizes the board to make a loan from the fund to a student who
qualifies for a Texas B-On-time student loan under Subchapter Q, Chapter
56, rather than of this chapter. 

(b)  Provides that loans from the fund are governed by Subchapter C of
this chapter or Subchapter Q, Chapter 56, as appropriate, as if made under
that subchapter, except to the extent of conflict with this subchapter. 
 
(c)  Authorizes the board to charge and collect a loan origination fee
from a person, rather than student, who receives a loan from the fund.
Authorizes the board to use the fee to pay operating expenses for making
loans under this section. 
 
Sec. 52.91.  BONDS FOR TEXAS B-ON-TIME STUDENT LOAN PROGRAM.  (a) Requires
the board to deposit to the credit of the Texas B-On-time student loan
account established under Section 56.463 any proceeds from the sale of
bonds issued by the board to fund Texas B-On-time student loans under
Section 56.464(b), other than:  accrued interest on the bonds, which shall
be deposited to the credit of the interest and sinking fund related to the
bonds; and any proceeds from the sale of the bonds that the board by
resolution deposits to the student loan auxiliary fund under Section
52.89(c-1). 
 
(b)  Authorizes the board by resolution to establish as provided by
Section 52.03 one or more interest and sinking funds to be used for any
purpose relating to the Texas B-On-time student loan program established
under Subchapter Q, Chapter 56. 
 
(c)  Requires the board to repay bonds issued by the board to fund the
Texas BOn-time student loan program using legislative appropriations and
money collected by the board as repayment for Texas B-On-time student
loans awarded by the board.  Prohibits the board from using money
collected by the board as repayment for student loans awarded by the board
under Subchapter C to repay bonds issued by the board for the Texas
B-On-time student loan program under Section 56.464(b). 
 
SECTION 25.05.  (a)  Requires the Texas Higher Education Coordinating
Board and the eligible institutions to award loans under the Texas
B-On-time student loan program established under Subchapter Q, Chapter 56,
Education Code, as added by this article, beginning with the 2003 fall
semester. 
 
(b)  Requires the Texas Higher Education Coordinating Board to adopt the
initial rules for awarding loans under the Texas B-On-time student loan
program established under Subchapter Q, Chapter 56, Education Code, as
added by this article, as soon as practicable after the effective date of
this article.  Authorizes the coordinating board to  adopt those initial
rules in the manner provided by law for emergency rules. 
 
SECTION 25.06.  Provides that 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.
Provides that if this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2003. 

ARTICLE 26.  THE BUSINESS OF INSURANCE; PAST DISCRIMINATION
 
SECTION 26.01.  Amends Section 5, Article 21.21-6, Insurance Code, as
added by Chapter 415, Acts of the 74th Legislature, Regular Session, 1995,
as follows: 
 
Sec. 5.  SANCTIONS.  (a)  Provides that any legal entity engaged in the
business of insurance in this state found to be in violation of or failing
to comply with this article is subject to the sanctions authorized by
Chapter 82, rather than in Article 1.10, of this code or, rather than
including, administrative penalties authorized by Chapter 84, rather than
under Article 1.10E, of this code.  Authorizes the commissioner to also
utilize the cease and desist procedures authorized by Chapter 83, rather
than Article 1.10A, of this code. 
 
(b)  Provides that it is not a defense to an action of the commissioner
under Subsection (a) of this section that the contract giving rise to the
alleged violation was entered into before the effective date of this
article. 
 
SECTION 26.02.  Amends Subchapter B, Chapter 21, Insurance Code, by adding
Article 21.216A, as follows: 
 
Art. 21.21-6A.  CRIMINAL PENALTY.  (a)  Defines  "person."
 
(b)  Provides that a person commits an offense if the person with criminal
negligence: 
  
(1)  offers insurance coverage at a premium based on a rate that is,
because of race, color, religion, ethnicity, or national origin, different
from another premium rate offered or used by the person for the same
coverage, other than for classifications applicable alike to persons of
every race, color, religion, ethnicity, or national origin; or 
  
(2)  collects an insurance premium based on a rate that is, because of
race, color, religion, ethnicity, or national origin, different from
another premium rate offered or used by the person for the same coverage,
other than for classifications applicable alike to persons of every race,
color, religion, ethnicity, or national origin. 
 
(c)  Provides that an offense under this article is a state jail felony.
 
SECTION 26.03.  Amends Section 3(c), Article 21.21-8, Insurance Code, as
follows: 
 
(c)  Requires all actions under this article to be commenced on or before
the second anniversary of, rather than within 12 months after, the date on
which the plaintiff was denied insurance or the unfair act occurred or the
date the plaintiff, in the exercise of reasonable diligence, should have
discovered the occurrence of the unfair act. 
 
SECTION 26.04.  Amends Section 1, Article 21.74, Insurance Code, by
amending Subdivisions (1) and (2) and adding Subdivision (4), as follows: 
  
(1)  Redefines "Holocaust victim."
  
(2)  Redefines "insurer."
  
 (4)  Defines "proceeds."

SECTION 26.05.  Amends Article 21.74, Insurance Code, by adding Sections
2A and 2B as follows: 
 
Sec. 2A.  FILINGS AND CERTIFICATES OF INSURANCE.  (a)  Provides that this
section applies to each insurer engaging in business in the state that,
directly or through a related company, sold to persons in Europe insurance
policies described by Section 1 of this article or dowry or educational
insurance policies that were in effect during the period of 1920 to 1945,
whether the sale occurred before or after the insurer and the related
company became related. 
 
(b)  Each insurer shall file or cause to be filed with the commissioner
certain specific information. 
  
(c)  Requires each insurer to make certain certifications.
  
(d)  Requires the commissioner by rule to require that insurers update the
information submitted to the commissioner under this section at reasonable
intervals. 
 
Sec. 2B.  ESTABLISHMENT AND MAINTENANCE OF REGISTRY; PUBLIC ACCESS.  (a)
Requires the commissioner to establish and maintain within the department
a central registry containing records and information relating to
insurance policies described by Section 2A(a) of this article of Holocaust
victims, living and deceased.  Requires the registry to be known as the
Holocaust Era Insurance Registry. 
 
(b)  Requires the commissioner by rule to establish appropriate mechanisms
to ensure public access to the registry. 
 
(c)  Provides that information contained in the registry: is public
information; is not subject to any exceptions to disclosure under Chapter
552, Government Code; and cannot be withheld from disclosure under any
other law. 
 
SECTION 26.06.  (a)  Makes application of Article 21.21-6A, Insurance
Code, as added by this article, prospective. 
 
(b)  Provides that Section 3(c), Article 21.21-8, Insurance Code, as
amended by this article, applies to a cause of action for which the
limitations period established under that subsection before its amendment
by this article has not expired on the effective date of this article. 
 
SECTION 26.07.  Requires an insurer subject to Article 21.74, Insurance
Code, as amended by this article, not later than the 180th day after the
effective date of this article, to file the information and certification
required by Section 2A, Article 21.74, Insurance Code. 

ARTICLE 27.  OIL SPILL PREVENTION AND RESPONSE

SECTION 27.01.  Amends Section 40.002(c), Natural Resources Code, to
delete text referring to providing for the development of a state coastal
discharge contingency plan through planning and coordination with the
Texas Natural Resource Conservation Commission to protect coastal waters
from all types of spills and discharges, and to redesignate Subdivision
(4) as Subdivision (3). 

SECTION 27.02.  Amends Sections 40.003 (13), (17), and (22), Natural
Resources Code, as follows: 

(13)  Replaces a reference to the Texas Natural Resource Conservation
Commission with a reference to the Texas Commission on Environmental
Quality. 
 
(17)  and (22)  Make conforming changes.

SECTION 27.03.  Amends Section 40.005, Natural Resources Code, to make
conforming changes. 

SECTION 27.04.  Amends Section 40.052, Natural Resources Code, to make
conforming changes. 

SECTION 27.05.  Amends Section 40.101(c), Natural Resources Code, to make
conforming changes. 

SECTION 27.06.  Amends Section 40.103(b), Natural Resources Code, to
delete text referring to authorizing prior approval for compensation to be
provided for in the state coastal discharge contingency plan. 

SECTION 27.07.  Section 40.104, Natural Resources Code, as follows:

Sec. 40.104.  QUALIFIED IMMUNITY FOR RESPONSE ACTIONS.  (a)  and (b) Make
conforming changes. 

SECTION 27.08.  Amends Section 40.107(a)(1), Natural Resources Code, to
make a conforming change. 

SECTION 27.09.  Amends Sections 40.107(c)(1) and (4), Natural Resources
Code, to make conforming changes. 

SECTION 27.10.  Amends Section 40.116, Natural Resources Code, as follows:

Sec. 40.116.  AUDITS, INSPECTIONS, AND DRILLS.  Deletes text referring to
subjecting a vessel to an  unannounced audit, inspection or drill as a
condition to being granted entry into any port in this state. 

SECTION 27.11.  Amends Section 40.151(b), Natural Resources Code, to
require all fees, penalties, judgments, reimbursements, interest or income
on the fund, and charges provided for in this chapter and the fee revenues
levied, collected, and credited pursuant to this chapter to be credited to
the coastal protection fund. 

SECTION 27.12.  Amends Section 40.152(a), Natural Resources Code, to
delete as a purpose for which money in the fund is authorized to be
disbursed  an inventory under Section 40.107, to be completed by September
1, 1995, in an amount not to exceed $6 million and include costs related
to the plugging of abandoned or orphaned oil wells located on state-owned
submerged lands in conjunction with the Railroad Commission of Texas as a
purpose for which money in the fund is authorized to be disbursed.
Redesignates Subdivision (10) as Subdivision (9). Makes nonsubstantive
changes. 

SECTION 27.13.  Amends Section 40.254(g)(3), Natural Resources Code, to
delete text referring to a person who fails to comply with Subdivision (2)
of this subsection waiving the right to judicial review.  Authorizes the
commissioner, on failure of the person to comply with the order or file a
petition for judicial review, to refer the matter to the attorney general
for collection and enforcement. 

SECTION 27.14.  Amends Section 40.254(h)(1), Natural Resources Code, to
delete text referring to requiring the commissioner, if a penalty is
reduced or not assessed, to execute a release of the bond if a supersedeas
bond has been posted.  Makes nonsubstantive changes. 

SECTION 27.15.  Amends Sections 40.258(a)(1), (2), and (3), Natural
Resources Code, to make conforming changes. 

SECTION 27.16.  Repealer: Sections 40.006 (Interagency Counsel), 40.053
(State Coastal  Discharge Contingency Plan), 40.115 (Entry into Port),
40.303 (Oil Spills Oversight Council), 40.110(f) (relating to prevention
and response certificates), 40.117(b) (relating to local government
representation in certain organizations), 40.151(e) (relating to the
transfer of certain coastal protection funds), and 40.254 (g)(2) (relating
to judicial review of certain orders of the commissioner of the GLO),
Natural Resources Code.  

ARTICLE 28.  REPORTS

SECTION 28.01.  Amends Section 363.064(a), Health and Safety Code, to
delete text referring to requiring a regional or local solid waste
management plan to include waste reduction in accordance with the goal
established under Section 361.0201(d), to the extent that funds are
available. 

SECTION 28.02.  Amends the heading to Section 5.178, Water Code, to read
as follows: 

Sec. 5.178.  ANNUAL REPORTS; BIENNIAL APPENDICES.

SECTION 28.03.  Amends Section 5.178(b), Water Code, to delete texts
referring to requiring, by December 1 of an even-numbered year, the
assessments and reports required by Sections 361.0232, 361.510, 371.063,
and 382.141, Health and Safety Code, and to delete text referring to the
specification of this code. 

SECTION 28.04.  (a)  Repealer: Sections 361.020 (State Solid Waste Plan),
361.0201 (Comprehensive Municipal Solid Waste Management), 361.0232
(Assessment of Commercial Hazardous Waste Management), 361.0233
(Assessment of Commercial Nonhazardous Solid Waste), 361.0234 (Rules;
Update of Rules and Assessments; Report), 361.510 (Report), 371.063
(Biennial Reporting Requirement), 382.141 (Report Required), 361.040(d)
(relating to a report), and 361.0871(c) (relating to the evaluation of
waste stream), Health and Safety Code. 

(b)  Repealer Section 5.178(c), Water Code.

ARTICLE 29.  SCHOOL BUS SAFETY STANDARDS

SECTION 29.01.  Amends Section 34.002(a), Education Code, to require the
Department of Public Safety, with the advice of the Texas Education
Agency, to establish safety standards for school buses used to transport
students in accordance with Section 34.003.  Deletes text referring to
the General Services Commission and text referring to Section 34.002,
Education Code. 

SECTION 29.02.  Amends Sections 547.7015 (a) and (b), Transportation Code,
to make conforming changes. 

SECTION 29.03.  Provides that rules that were adopted under Section
547.7015, Transportation Code, before the effective date of this article
and that are in effect on the effective date of this article are continued
in effect as rules of the Department of Public Safety until the rules are
amended, repealed, or superseded by an action of the department. 

ARTICLE 30.  CORPORATE ETHICS AND INTEGRITY

SECTION 30.01.  Amends Subchapter B, Chapter 402, Government Code, by
adding Section 402.0231, as follows: 

Sec. 402.0231.  CORPORATE INTEGRITY UNIT.  (a)  Defines "corporate fraud."

(b)  Provides that a corporate integrity unit is created within the office
of the attorney general to assist in the enforcement of the laws relating
to corporate fraud or other similar illegal activities.  Sets forth the
required duties of the unit. 

(c)  Requires a state agency or local law enforcement agency, to the
extent allowed by law, to cooperate with the corporate integrity unit by
providing  information requested by the unit as necessary to carry out the
purposes of this section.  Provides that information disclosed under this
subsection is confidential and not subject to disclosure under Chapter
552. 

SECTION 30.02.  Amends Subchapter Z, Chapter 2252, Government Code, by
adding Section 2252.904, as follows: 

Sec. 2252.904.  CONTRACTS WITH COMPANIES; FINANCIAL DISCLOSURES.  (a)
Defines "certified audit," "company," "financial irregularity,"
"independent certified public accountant," and "state governmental
entity." 

(b)  Requires a company that enters into a contract with a state
governmental entity that involves the expenditure of more than $1 million
to immediately report to the entity any financial irregularity relating to
the contract or the company's financial position that is detrimental to
the interest of the entity, and annually during the contract period submit
to the entity a certified audit of the company's operations, except as
provided by Subsection (g). 

(c) Requires the auditor's opinion in an audit required by Subsection
(b)(2) to state whether the financial statements of the audited company
present fairly, in all material respects and in accordance with accounting
principles generally accepted in the United States, its financial position
and results of operations relating to the obligation, receipt,
expenditure, and use of state funds. 

(d)  Provides that a company that violates Subsection (b)(1) commits an
offense. Provides that an offense under this subsection is a Class A
misdemeanor. 

(e)  Provides that a company that violates Subsection (b)(2) is liable to
the state for a civil penalty in an amount not to exceed $10,000.
Authorizes the attorney general to bring suit to recover the civil penalty
imposed under this subsection. 

(f)  Entitles the attorney general, if the attorney general prevails in an
action for recovery of a civil penalty under Subsection (e), to recover
reasonable attorney's fees incurred in obtaining the penalty. 

(g)  Authorizes a federally insured financial institution that has less
than $500 million in assets, in lieu of a certified audit required by
Subsection (b)(2), to submit a directors examination conducted by an
independent certified public accountant in accordance with the Statement
of Standards for Attestation Engagements. 

SECTION 30.03.  Amends Subtitle F, Title 10, Government Code, by adding
Chapter 2263, as follows: 

CHAPTER 2263.  ETHICS AND DISCLOSURE REQUIREMENTS FOR OUTSIDE
FINANCIAL ADVISORS AND SERVICE PROVIDERS

Sec. 2263.001.  APPLICABILITY.  (a)  Provides that this chapter applies in
connection with the management or investment of any state funds managed or
invested under the Texas Constitution or other law, including Chapters 404
and 2256, and by or for certain entities. 

(b)  Provides that this chapter applies in connection with the management
or investment of state funds without regard to whether the funds are held
in the state treasury. 

(c)  Provides that this chapter does not apply to or in connection with a
state governmental entity that does not manage or invest state funds and
for which state funds are managed or invested only by the comptroller. 
 
Sec. 2263.002.  DEFINITION.  Defines "financial advisor or service
provider." 

Sec. 2263.003.  CONSTRUCTION WITH OTHER LAW.  Provides that to the extent
of a conflict between this chapter and another law, the law that imposes a
stricter ethics or disclosure requirement controls. 

Sec. 2263.004.  ETHICS REQUIREMENTS FOR OUTSIDE FINANCIAL ADVISORS OR
SERVICE PROVIDERS.  (a)  Requires the governing body of a state
governmental entity by rule to adopt standards of conduct applicable to
financial advisors or service providers who are not employees of the state
governmental entity, who provide financial services to the state
governmental entity or advise the state governmental entity or a member of
the governing body of the state governmental entity in connection with the
management or investment of state funds, and who may reasonably be
expected to receive, directly or indirectly, more than $10,000 in
compensation from the entity during a fiscal year or render important
investment or funds management advice to the entity or a member of the
governing body of the entity, as determined by the governing body. 

(b)  Provides that a contract under which a financial advisor or service
provider renders financial services or advice to a state governmental
entity or other person as described by Subsection (a) is voidable by the
state governmental entity if the financial advisor or service provider
violates a standard of conduct adopted under this section. 

Sec. 2263.005.  DISCLOSURE REQUIREMENTS FOR OUTSIDE FINANCIAL ADVISOR OR
SERVICE PROVIDER.  (a)  Requires a financial advisor or service provider
described by Section 2263.004 to disclose certain information in writing
to the administrative head of the applicable state governmental entity and
to the state auditor. 

(b)  Requires the financial advisor or service provider to disclose a
relationship described by Subsection (a) without regard to whether the
relationship is a direct, indirect, personal, private, commercial, or
business relationship. 

(c)  Requires a  financial advisor or service provider described by
Section 2263.004 to file annually a statement with the administrative head
of the applicable state governmental entity and with the state auditor.
Requires the statement to disclose each relationship and pecuniary
interest described by Subsection (a) or to affirmatively state if no
relationship or pecuniary interest described by that subsection existed
during the disclosure period. 

(d)  Requires the annual statement to be filed not later than February 1
on a form prescribed by the governmental entity, other than the state
auditor, receiving the form.  Requires the statement to cover the
reporting period of the previous calendar year.  Requires the state
auditor to develop and recommend a uniform form that other governmental
entities receiving the form may prescribe. 

(e)  Requires the financial advisor or service provider to promptly file a
new or amended statement with the administrative head of the applicable
state governmental entity and with the state auditor whenever there is new
information to report under Subsection (a). 

Sec. 2263.006.  PUBLIC INFORMATION.  Provides that Chapter 552 controls
the extent to which information contained in a statement filed under this
chapter is subject to required public disclosure or excepted from required
public disclosure. 

SECTION 30.04.  Amends Section B, Article 1302-1.03, V.T.C.S., to require,
except as otherwise provided by Article 5.20 of this Act, this Act to
govern (1) all domestic corporations, including without limitation those
corporations heretofore or hereafter organized under any Statute of the
State, and (2) only to the extent expressly provided in this Act, all
foreign corporations, including without limitation those corporations
heretofore or hereafter granted a  permit to do business under any Statute
of the State. 

SECTION 30.05.  Amends Article 1302-5.01 et seq., V.T.C.S., by adding
Article 5.20, as follows: 

Art. 5.20.  CERTIFICATION OF FALSE OR MISLEADING FINANCIAL REPORT;
CRIMINAL PENALTY.  (a)  Defines "corporate official" and "financial
report." 

(b)  Provides that a corporate official who signs a sworn statement
certifying that information contained in a financial report fairly
represents, as of the period presented in the report, the financial
condition or results of operation of the company issuing the report
commits an offense if the corporate official makes the certification
knowing that the report contains false or misleading information that
affects or may affect the finances or operations of the issuing company,
as appropriate, in any material respect. 

(c)  Provides that an offense under this section is a state jail felony.

SECTION 30.06.  Provides that the office of the attorney general is not
required to implement Section 402.0231, Government Code, as added by this
article, unless a specific appropriation for the implementation is
provided in the General Appropriations Act, Acts of the 78th Legislature,
Regular Session, 2003. 

SECTION 30.07.  Requires each state governmental entity required to adopt
rules under Chapter 2263, Government Code, as added by this article, to
adopt its initial rules in time for the rules to take effect not later
than January 1, 2004. 

ARTICLE 31.  ADJUTANT GENERAL

SECTION 31.01.  Amends Section 431.022(b), Government Code, to require a
person, to be qualified for appointment as adjutant general a person to
have previously served on active duty or active duty for training with the
army, air force, or marines and have completed at least 10 years' service
as a federally recognized reserve or active duty commissioned officer with
an active unit of the United States armed forces, the National Guard, or
the Texas National Guard, including at least five years with the Texas
National Guard as well as fulfilling certain other criteria. 

ARTICLE 32.  GOVERNOR'S BUDGET AUTHORITY

SECTION 32.01.  Amends Section 401.046(a), Government Code, to require the
governor to 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
of each regular legislative session.  Deletes text referring to the
requirement that the required action take place not later than the sixth
day of each regular legislative session.  

SECTION 32.02.  Repealer: Section 401.047 (Penalty), Government Code.

ARTICLE 33.  COMMISSIONER OF INSURANCE
 
SECTION 33.01.  Amends Section 31.023, Insurance Code, to delete text
referring to requiring the commissioner of insurance to have, of the
required 10 years of experience as an executive in the administration of
business or government or as a practicing attorney or certified public
accountant, at least five years in the field of insurance or insurance
regulation. 

SECTION 33.02.  Makes the application of the change in law made by this
article to Section 31.023, Insurance Code, prospective. 

ARTICLE 34.  MEMBERS OF PARKS AND WILDLIFE COMMISSION

SECTION 34.01.  Amends Section 11.012(d), Parks and Wildlife Code, to
require the governor,  in making appointments under this section, to
attempt to include persons with expertise in diverse fields, including
fields such as historic preservation, conservation, and outdoor
recreation; consider the commission's composition in terms of the
geographical areas represented by members of the commission and the
appropriate balance of representatives from rural and urban areas; and to
authorize the governor to include persons who have an interest in and
knowledge of hunting, fishing, wildlife, environmental concerns, land or
water use issues, or water quality issues. 

SECTION 34.02.  (a)  Requires  the governor, as soon as possible on or
after September 1, 2003, to appoint nine members to the Parks and Wildlife
Commission under Section 11.012, Parks and Wildlife Code, as amended by
this article.  Requires the governor to designate certain members to
certain terms. 

(b)  Authorizes the governor to reappoint a person who served as a member
of the Parks and Wildlife Commission before September 1, 2003. 

(c)  Provides that the position of a member of the Parks and Wildlife
Commission serving immediately before September 1, 2003, is abolished at
the time five or more of the newly appointed directors qualify for office.
Provides that until the abolition of the members' positions occurs under
this section, the members serving immediately before September 1, 2003,
have the same powers and duties that the members had immediately before
that date and the commission continues to be composed in the way it was
composed before that date, and the former law is continued in effect for
that purpose. 

ARTICLE 35.  DESIGNATION OF PRESIDING OFFICERS

SECTION 35.01.  Amends Chapter 651, Government Code, by adding Section
651.008, as follows: 

Sec. 651.008.  APPOINTMENT OF PRESIDING OFFICERS BY GOVERNOR.  (a) Defines
"state agency." 

(b) Authorizes the governor, notwithstanding other law, to 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. 

ARTICLE 36.  LIMITATIONS APPLICABLE TO CERTAIN GROUP INSURANCE
PROGRAMS

SECTION 36.01.  Amends Subchapter E, Chapter 3, Insurance Code, by adding
Article 3.50-7A, as follows: 
 
Art. 3.50-7A.  LIMITATIONS APPLICABLE TO TEXAS SCHOOL EMPLOYEES UNIFORM
GROUP COVERAGE PROGRAM.  (a)  Provides that this article applies only to
the uniform group coverage program established under Article 3.50-7 of
this code. Provides that a term used in this article has the meaning
assigned by Section 2, Article 3.50-7 of this code. 
 
(b)  Prohibits the Teacher Retirement System of Texas, as trustee, from
contracting for or providing a health coverage plan that excludes from
participation in the network a general hospital that meets certain
criteria. 
  
SECTION 36.02.  (a)  Amends Section 1551.205, Insurance Code, to conform
to Section 30, Chapter 1231, Acts of the 77th Legislature, Regular
Session, 2001, as follows: 

Sec. 1551.205.  LIMITATIONS.  (a)  Prohibits the board of trustees from
contracting for or providing a coverage plan that provides coverage for
serious mental illness that is less extensive than the minimum coverage
for serious mental, rather than any physical, illness required by Section
3, Article 3.51-14. 
 (b)  Prohibits the board of trustees from contracting for or provide a
coverage plan that excludes from participation in the network a general
hospital that meets certain criteria. 
  
(b)  Repealer:  Section 30, Chapter 1231, Acts of the 77th Legislature,
Regular Session, 2001 (relating to prohibiting a trustee from contracting
for or providing a plan). 
 
SECTION 36.03.  Amends Subchapter D, Chapter 1575, Insurance Code,  by
adding Section 1575.163, as follows: 
 
Sec. 1575.163.  LIMITATIONS.  Prohibits the Teacher Retirement System of
Texas, as trustee, from contracting for or providing a health benefit plan
that excludes from participation in the network a general hospital that
meets certain criteria. 
  
ARTICLE 37.  REGULATION OF INDUSTRIALIZED HOUSING
 
SECTION 37.01.  Amends Section 1202.002(c), Occupations Code, to provide
that industrialized housing does not include a residential structure that
exceeds four, rather than three, stories or 69, rather than 49, feet in
height as measured from the finished grade elevation at the building
entrance to the peak of the roof. 

ARTICLE 38.  CONFLICTS CLAUSE; EFFECTIVE DATE

SECTION 38.01.  Provides that in the event of a conflict between a
provision of this Act and another Act passed by the 78th Legislature,
Regular Session, 2003, that becomes law, this Act prevails and controls
regardless of the relative dates of enactment. 

SECTION 38.02.  Effective date:  September 1, 2003, except as otherwise
provided by this Act.