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78R7078 MTB-D
By: Swinford H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization of, efficiency in, and other reform
measures applying to state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CONSOLIDATION OF STATE GOVERNMENTAL FUNCTIONS AND
ENTITIES
SECTION 1.01. Subchapter A, Chapter 76, Agriculture Code,
is amended by adding Section 76.0075 to read as follows:
Sec. 76.0075. TRANSFER OF DUTIES FROM TEXAS STRUCTURAL PEST
CONTROL BOARD. (a) Notwithstanding any other law, all powers and
duties of the Texas Structural Pest Control Board, under this law or
any other law, relating to the regulation of the sale, use, or
application of pesticides and of professions related to the sale,
use, or application of pesticides are transferred to the
department.
(b) The Texas Structural Pest Control Board is abolished,
and all powers, duties, personnel, property, assets, and
obligations of the board are transferred to the department. The
validity of a prior action of the board is not affected by the
abolishment.
(c) All rules of the Texas Structural Pest Control Board
relating to a transferred power or duty remain in effect as rules of
the department until amended or repealed by the department.
(d) A reference in law to the Texas Structural Pest Control
Board means the department.
SECTION 1.02. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0515 to read as follows:
Sec. 61.0515. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION.
(a) The board shall 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) In the review, the board shall identify the number and
types of administrative and executive positions in the
administration of each university system, and shall examine each
major function, service, or activity performed by university system
offices, including:
(1) central administration;
(2) academic affairs coordination and support;
(3) general counsel and other legal services;
(4) budgeting, accounting, and data reporting;
(5) fiscal management;
(6) facilities planning and construction;
(7) governmental relations;
(8) audit services;
(9) real estate management;
(10) information technology services; and
(11) aircraft operation and usage.
(c) Not later than November 1, 2004, the board shall prepare
a report of the review and deliver the report to the 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.
In the report, the board shall 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) In the report, the board shall identify potential
reductions in personnel and other cost savings associated with each
legislative or administrative action the board identifies under
Subsection (c).
(e) This section expires September 1, 2005.
SECTION 1.03. Section 11.204(a), Finance Code, is amended
to read as follows:
(a) The finance commission shall use the staff, equipment,
and facilities of the finance agencies to the extent necessary to
carry out the finance commission's duties. To reduce
administrative costs, the finance agencies shall share staff,
equipment, and facilities to the extent that the sharing
contributes to cost efficiency without detracting from the staff
expertise needed for individual areas of agency responsibility.
The finance commission shall identify and implement other
appropriate means of achieving cost savings by combining
administrative functions performed by the finance agencies,
including, to the extent feasible, shared information systems,
accounting, and licensing procedures. Before December 31 of each
even-numbered year, the finance commission shall submit to the
lieutenant governor and the speaker of the house of representatives
a report:
(1) describing its activities to achieve cost savings
during the preceding state fiscal biennium; and
(2) recommending any statutory changes necessary to
achieve additional cost savings.
SECTION 1.04. Subchapter A, Chapter 435, Government Code,
is amended by adding Section 435.0015 to read as follows:
Sec. 435.0015. TRANSFER OF POWERS AND DUTIES FROM
COMMISSION. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the adjutant general's department.
The validity of a prior action of the commission is not affected by
the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the adjutant general's
department until amended or repealed by the adjutant general's
department.
(c) A reference in law to the commission means the adjutant
general's department.
SECTION 1.05. Chapter 511, Government Code, is amended by
adding Section 511.0035 to read as follows:
Sec. 511.0035. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Texas Department of Criminal
Justice. The validity of a prior action of the commission is not
affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Texas Department of
Criminal Justice until amended or repealed by the Texas Department
of Criminal Justice.
(c) A reference in law to the commission means the Texas
Department of Criminal Justice.
SECTION 1.06. Section 2003.021(b), Government Code, is
amended to read as follows:
(b) The office:
(1) shall, notwithstanding other law, conduct all
administrative hearings in contested cases under Chapter 2001 that
are before a state agency [that does not employ an individual whose
only duty is to preside as a hearings officer over matters related
to contested cases before the agency];
(2) shall conduct administrative hearings in matters
for which the office is required to conduct the hearing under other
law;
(3) shall conduct alternative dispute resolution
procedures that the office is required to conduct under law; and
(4) may conduct, for a fee and under a contract,
administrative hearings or alternative dispute resolution
procedures in matters voluntarily referred to the office by a
governmental entity.
SECTION 1.07. Subchapter A, Chapter 2054, Government Code,
is amended by adding Section 2054.012 to read as follows:
Sec. 2054.012. TRANSFER OF POWERS AND DUTIES TO STATE
ADMINISTRATIVE SERVICES AGENCY. (a) The powers and duties of the
Department of Information Resources under this chapter or other law
are transferred to the State Administrative Services Agency.
(b) A reference in law to the Department of Information
Resources is a reference to the State Administrative Services
Agency.
SECTION 1.08. Section 2151.003, Government Code, is amended
to read as follows:
Sec. 2151.003. REFERENCE. A statutory reference to the
Texas Building and Procurement Commission, the General Services
Commission, the State Board of Control, or the State Purchasing and
General Services Commission means the State Administrative
Services Agency [Texas Building and Procurement Commission].
SECTION 1.09. Section 2151.004, Government Code, is amended
to read as follows:
Sec. 2151.004. TRANSFER OF POWERS AND DUTIES TO STATE
ADMINISTRATIVE SERVICES AGENCY [DEPARTMENT OF INFORMATION
RESOURCES]. (a) The powers and duties of the Texas Building and
Procurement [General Services] Commission [under Chapter 2170 or
other law relating to providing telecommunications services for
state government] are transferred to the State Administrative
Services Agency [Department of Information Resources].
(b) A reference in law to the Texas Building and Procurement
[General Services] Commission [that relates to the powers and
duties of the General Services Commission under Chapter 2170 or
other law relating to providing telecommunications services for
state government] is a reference to the State Administrative
Services Agency [Department of Information Resources].
SECTION 1.10. The heading of Chapter 2152, Government Code,
is amended to read as follows:
CHAPTER 2152. STATE ADMINISTRATIVE SERVICES AGENCY [TEXAS BUILDING
AND PROCUREMENT COMMISSION]
SECTION 1.11. Section 2152.001, Government Code, is amended
to read as follows:
Sec. 2152.001. AGENCY [COMMISSION]. The State
Administrative Services Agency [Texas Building and Procurement
Commission] is an agency of the state.
SECTION 1.12. Section 2152.002, Government Code, is amended
to read as follows:
Sec. 2152.002. SUNSET PROVISION. The State Administrative
Services Agency [Texas Building and Procurement Commission] is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is abolished
and this subtitle[, except for Chapter 2170 and Section 2157.121,]
expires September 1, 2013.
SECTION 1.13. Section 2152.051, Government Code, is amended
to read as follows:
Sec. 2152.051. COMPOSITION OF BOARD [COMMISSION].
[(a)] The governing board of the State Administrative Services
Agency [commission] consists of five members [:
[(1) three members] appointed by the governor[;
[(2) two additional members appointed by the governor
from a list of nominees submitted by the speaker of the house of
representatives; and
[(3) two members appointed by the lieutenant
governor].
[(b) In making an appointment under Subsection (a)(2), the
governor may reject one or more of the nominees on a list submitted
by the speaker of the house of representatives and request a new
list of different nominees.]
SECTION 1.14. Section 2152.052(b), Government Code, is
amended to read as follows:
(b) In making appointments under this section, the governor
[and lieutenant governor] shall attempt to appoint women and
members of different minority groups, including African Americans,
Hispanic Americans, Native Americans, and Asian Americans.
SECTION 1.15. Section 2152.057, Government Code, is amended
to read as follows:
Sec. 2152.057. TERMS. Commission members serve staggered
six-year terms with one or two [or three] members' terms expiring
January 31 of each odd-numbered year.
SECTION 1.16. Chapter 387, Health and Safety Code, is
amended by adding Section 387.0015 to read as follows:
Sec. 387.0015. COUNCIL ABOLISHED. The Texas Council on
Environmental Technology is abolished and:
(1) all unobligated funds of the council are
transferred to the undedicated portion of the general revenue fund;
(2) positions of employees of the council are
terminated;
(3) any contract or other obligation of the council is
transferred to the Texas Commission on Environmental Quality;
(4) the property and records of the council are
transferred to the Texas Commission on Environmental Quality; and
(5) any administrative duties of the council relating
to grants previously made by the council are transferred to the
Texas Commission on Environmental Quality.
SECTION 1.17. Subchapter A, Chapter 771, Health and Safety
Code, is amended by adding Section 771.002 to read as follows:
Sec. 771.002. TRANSFER OF POWERS AND DUTIES FROM COMMISSION
ON STATE EMERGENCY COMMUNICATIONS. (a) The Commission on State
Emergency Communications is abolished, and all powers, duties,
personnel, property, assets, and obligations of the commission are
transferred to the Public Utility Commission of Texas. The
validity of a prior action of the commission is not affected by the
abolishment.
(b) All rules of the Commission on State Emergency
Communications relating to a transferred power or duty remain in
effect as rules of the Public Utility Commission of Texas until
amended or repealed by the Public Utility Commission of Texas.
(c) A reference in law to the Commission on State Emergency
Communications means the Public Utility Commission of Texas.
SECTION 1.18. Subchapter A, Chapter 51, Occupations Code, is
amended by adding Section 51.003 to read as follows:
Sec. 51.003. TRANSFER OF POWERS AND DUTIES TO THE TEXAS
DEPARTMENT OF LICENSING AND REGULATION. (a) The following state
agencies are abolished:
(1) the State Board of Barber Examiners;
(2) the Texas Cosmetology Commission; and
(3) the Texas Board of Professional Land Surveying.
(b) All powers, duties, personnel, property, assets, and
obligations of a state agency listed in Subsection (a) are
transferred to the Texas Department of Licensing and Regulation.
The validity of a prior action of a state agency listed in
Subsection (a) is not affected by the abolishment.
(c) All rules of a state agency listed in Subsection (a)
relating to a transferred power or duty remain in effect as rules of
the Texas Department of Licensing and Regulation until amended or
repealed by the Texas Department of Licensing and Regulation.
(d) A reference in law to a state agency listed in
Subsection (a) means the Texas Department of Licensing and
Regulation.
SECTION 1.19. Title 2, Occupations Code, is amended by
adding Chapter 59 to read as follows:
CHAPTER 59. TEXAS DEPARTMENT OF PROFESSIONAL LICENSING
Sec. 59.001. TRANSFER OF POWERS AND DUTIES TO THE TEXAS
DEPARTMENT OF PROFESSIONAL LICENSING. (a) The following state
agencies are abolished:
(1) the Texas State Board of Public Accountancy;
(2) the Texas Board of Professional Engineers; and
(3) the Texas Board of Architectural Examiners.
(b) All powers, duties, personnel, property, assets, and
obligations of a state agency listed in Subsection (a) are
transferred to the Texas Department of Professional Licensing. The
validity of a prior action of a state agency listed in Subsection
(a) is not affected by the abolishment.
(c) All rules of a state agency listed in Subsection (a)
relating to a transferred power or duty remain in effect as rules of
the Texas Department of Professional Licensing until amended or
repealed by the Texas Department of Professional Licensing.
(d) A reference in law to a state agency listed in
Subsection (a) means the Texas Department of Professional
Licensing.
Sec. 59.002. COMMISSION. (a) The Texas Department of
Professional Licensing is a state agency governed by a five-member
commission appointed by the governor with the advice and consent of
the senate.
(b) The commission shall adopt rules to implement this
chapter.
SECTION 1.20. Subchapter A, Chapter 1701, Occupations Code,
is amended by adding Section 1701.004 to read as follows:
Sec. 1701.004. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Department of Public Safety of
the State of Texas. The validity of a prior action of the
commission is not affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Department of Public
Safety of the State of Texas until amended or repealed by the
Department of Public Safety of the State of Texas.
(c) A reference in this chapter or another law to the
commission means the Department of Public Safety of the State of
Texas.
SECTION 1.21. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Texas Department of Licensing and
Regulation. The validity of a prior action of the commission is not
affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Texas Department of
Licensing and Regulation until amended or repealed by the Texas
Department of Licensing and Regulation.
(c) A reference in this chapter or another law to the
commission means the Texas Department of Licensing and Regulation.
ARTICLE 2. FEES AND OTHER FINANCIAL ISSUES
SECTION 2.01. Subchapter C, Chapter 161, Agriculture Code,
is amended by adding Section 161.0411 to read as follows:
Sec. 161.0411. FEES REQUIRED. (a) The commission shall set
and collect fees to recover at least 25 percent of the commission's
biennial costs of administering programs under this subtitle.
(b) The commission shall submit to the legislature with any
request for appropriations the commission's fee schedule for
recovering costs of administering programs under this subtitle.
(c) The commission may exempt a commission program from the
fee requirements of this section.
SECTION 2.02. Chapter 88, Education Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. TEXAS TRANSPORTATION INSTITUTE
Sec. 88.301. DEFINITION. In this subchapter, "institute"
means the Texas Transportation Institute, a component of The Texas
A&M University System.
Sec. 88.302. FUNDING; LIMITATION ON GENERAL REVENUE. (a)
General revenue of the state may not be 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) 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, the
board shall 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.
SECTION 2.03. Chapter 2108, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. SAVINGS INCENTIVE PROGRAM FOR STATE AGENCY
Sec. 2108.101. NOTICE. A state agency that spends less
undedicated general revenue derived from nonfederal sources than is
appropriated to the agency for a fiscal year shall send to the
comptroller a notice of the amount of the savings before October 30
following the end of the fiscal year in which the savings are
realized.
Sec. 2108.102. VERIFICATION OF SAVINGS. The comptroller
shall verify the amount of savings contained in the notice not later
than the 60th day following the date the comptroller receives the
notice.
Sec. 2108.103. RETENTION OF FUNDS. (a) The affected agency
retains one-half of the amount of savings verified by the
comptroller, not to exceed one percent of the amount of the
undedicated general revenue derived from nonfederal sources
appropriated to the agency for the fiscal year in which the savings
are realized.
(b) Savings retained under this section may only be
appropriated by the legislature to the affected agency. The agency
may spend the savings only on an activity or expense that does not:
(1) create new or expanded services; or
(2) require ongoing funding at a later date.
SECTION 2.04. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.057 to read as follows:
Sec. 81.057. COMMISSION AUTHORITY TO SET FEES BY RULE. (a)
Notwithstanding any other law, for each fiscal year the commission
by rule shall set fees for services and for regulatory and
administrative functions of the commission to provide sufficient
money to pay all the expenses of the commission when combined with
money received from:
(1) interest on the late payment of fees;
(2) administrative or civil penalties;
(3) fines;
(4) court awards or settlements;
(5) donations or grants;
(6) federal programs; and
(7) any other similar source.
(b) The commission by rule may establish a fee for a service
or function for which the commission has not collected a fee before
September 1, 2003.
(c) Except for the fiscal year beginning September 1, 2003,
the commission shall set the fees to be collected in a fiscal year
not later than June 1 of the preceding fiscal year.
(d) This section prevails over and supersedes other law in
conflict with or inconsistent with this section.
SECTION 2.05. Subchapter B, Chapter 1052, Occupations Code,
is amended by adding Section 1052.0541 to read as follows:
Sec. 1052.0541. FEE INCREASE. (a) 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) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION 2.06. Subchapter B, Chapter 1053, Occupations Code,
is amended by adding Section 1053.0521 to read as follows:
Sec. 1053.0521. FEE INCREASE. (a) 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) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION 2.07. Subchapter D, Chapter 1071, Occupations Code,
is amended by adding Section 1071.1521 to read as follows:
Sec. 1071.1521. FEE INCREASE. (a) 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) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION 2.08. Subchapter C, Chapter 1151, Occupations Code,
is amended by adding Section 1151.1025 to read as follows:
Sec. 1151.1025. FEE INCREASE. (a) 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) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
SECTION 2.09. Section 5.701(a), Water Code, is amended to
read as follows:
(a) Notwithstanding the other provisions of this section or
any other law, the [The] executive director shall charge and
collect the fees prescribed by Section 5.7011 [law]. The executive
director shall make a record of fees prescribed when due and shall
render an account to the person charged with the fees. Each fee is a
separate charge and is in addition to other fees unless provided
otherwise. Except as otherwise provided, a fee assessed and
collected under this section shall be deposited to the credit of the
water resource management account.
(1) Notwithstanding other provisions, the commission
by rule may establish due dates, schedules, and procedures for
assessment, collection, and remittance of fees due the commission
to ensure the cost-effective administration of revenue collection
and cash management programs.
(2) Notwithstanding other provisions, the commission
by rule shall establish uniform and consistent requirements for the
assessment of penalties and interest for late payment of fees owed
the state under the commission's jurisdiction. Penalties and
interest established under this section shall not exceed rates
established for delinquent taxes under Sections 111.060 and
111.061, Tax Code.
SECTION 2.10. Subchapter P, Chapter 5, Water Code, is
amended by adding Section 5.7011 to read as follows:
Sec. 5.7011. COMMISSION AUTHORITY TO SET FEES BY RULE. (a)
Notwithstanding any other law, for each fiscal year the commission
by rule shall set fees for services and for regulatory and
administrative functions of the commission to provide sufficient
money to pay all the expenses of the commission when combined with
money received from:
(1) interest on the late payment of fees;
(2) administrative or civil penalties;
(3) fines;
(4) court awards or settlements;
(5) donations or grants;
(6) federal programs; and
(7) any other similar source.
(b) The commission by rule may establish a fee for a service
or function for which the commission has not collected a fee before
September 1, 2003.
(c) Except for the fiscal year beginning September 1, 2003,
the commission shall set the fees to be collected in a fiscal year
not later than June 1 of the preceding fiscal year.
(d) This section prevails over and supersedes other law in
conflict with or inconsistent with this section.
SECTION 2.11. Section 321.013, Government Code, is amended
by adding Subsection (j) to read as follows:
(j) The State Auditor shall:
(1) develop fraud awareness training programs for use
by state agencies;
(2) identify qualified individuals or entities to
assist state agencies in implementing the programs; and
(3) make the programs available to state agencies on
the Internet or in a CD-ROM format.
SECTION 2.12. Chapter 322, Government Code, is amended by
adding Section 322.015 to read as follows:
Sec. 322.015. DEVELOPMENT OF SYSTEM OF PERFORMANCE
MEASURES. (a) The Legislative Budget Board shall develop a system
of performance measures to be used by state agencies for purposes of
the appropriations process.
(b) The Legislative Budget Board shall keep the House
Appropriations Committee and the Senate Finance Committee informed
of the board's activities related to the development of the system
of performance measures.
(c) On request, a state agency shall provide information or
assistance to the Legislative Budget Board to assist with the
development of the system of performance measures.
SECTION 2.13. Section 403.011(b), Government Code, is
amended to read as follows:
(b) The comptroller may:
(1) solicit, accept, or refuse a gift or grant of
money, services, or property on behalf of the state for any public
purpose related to the office or duties of the comptroller; and
(2) verify that a state agency has provided
appropriate fraud awareness training in accordance with Section
656.050.
SECTION 2.14. Subchapter C, Chapter 656, Government Code,
is amended by adding Section 656.050 to read as follows:
Sec. 656.050. FRAUD AWARENESS TRAINING. (a) In this
section, "state agency" means a department, commission, board,
office, or other agency in the executive, legislative, or judicial
branch of state government created by the constitution or a statute
of this state, including an institution of higher education as
defined by Section 61.003, Education Code, except a public junior
college, and a health-related institution that is associated with
an institution of higher education.
(b) A state agency shall provide fraud awareness training to
the employees of the agency by implementing a fraud awareness
training program developed by the state auditor. The agency shall
provide the training to an employee not later than the 90th day
after the date the employee begins employment.
(c) The executive director of a state agency, or the
executive director's designee, annually shall certify to the
comptroller that the agency has provided appropriate fraud
awareness training to the employees of the agency in a timely
manner.
SECTION 2.15. Section 2056.002, Government Code, is amended
by adding Subsection (f) to read as follows:
(f) The Legislative Budget Board and the governor's office
of budget and planning shall develop recommendations for
improvement of the strategic planning process under this section.
On request, a state agency shall assist the Legislative Budget
Board and the governor's office of budget and planning in
developing recommendations for improvement in accordance with this
subsection.
SECTION 2.16. Subtitle C, Title 10, Government Code, is
amended by adding Chapter 2115 to read as follows:
CHAPTER 2115. RISK ASSESSMENT AND FINANCIAL CONTROL SYSTEMS
Sec. 2115.001. DEFINITION. In this chapter, "state agency"
means a department, commission, board, office, or other agency in
the executive, legislative, or judicial branch of state government
created by the constitution or a statute of this state, including an
institution of higher education as defined by Section 61.003,
Education Code, except a public junior college, and a
health-related institution that is associated with an institution
of higher education.
Sec. 2115.002. REPORT ON RISK ASSESSMENT AND FINANCIAL
CONTROL SYSTEMS. (a) Not later than September 30 of each year, the
executive director of a state agency and, for a state agency
governed by a board or similar body, the presiding officer of the
agency's governing body shall submit to the office of the governor,
the Legislative Budget Board, and the state auditor, a letter that
provides assurance about the state agency's risk assessment and
financial control systems.
(b) If the executive director and the presiding officer of
the agency's governing body agree on the content of the letter
required by this section, they shall jointly submit one letter for
the state agency. If the executive director and the presiding
officer do not agree on the content of the letter, they shall each
submit a separate letter in accordance with this section.
(c) A person submitting or jointly submitting a letter in
accordance with this section must sign the letter and, as
appropriate, attest in the letter that:
(1) the person has identified and reviewed risks that
may affect the state agency's operation and the achievement of its
mission;
(2) the person has taken appropriate action to manage
and reduce the actual and potential effects of the risks identified
under Subdivision (1) on the state agency;
(3) the person has reviewed the state agency's
financial control systems; and
(4) to the best of the person's knowledge after
reasonable efforts to obtain accurate information:
(A) the financial control systems identified
under Subdivision (3) protect the state's resources from
inappropriate use and fraud to the greatest extent possible; and
(B) as of the date the letter is submitted, the
financial statements and other financial information reported by
the state agency fairly represent the financial condition and
results of the agency's operations.
(d) If a person is unable to attest to any of the statements
under Subsection (c), the person must identify in the letter the
statement and the reason or reasons why the person is unable to
attest to it.
(e) A letter submitted under this section must identify any
ongoing or future planned actions to correct problems in or
strengthen the state agency's risk assessment or financial control
systems and the date the actions were, or are expected to be,
implemented.
(f) If a state agency fails to timely submit a letter in
accordance with this section, the state auditor shall report to any
relevant legislative committees the fact of the state agency's
failure to do so.
ARTICLE 3. MANAGEMENT OF STATE PROPERTY AND FACILITIES
SECTION 3.01. Subchapter A, Chapter 2165, Government Code,
is amended by adding Section 2165.007 to read as follows:
Sec. 2165.007. FACILITIES MANAGEMENT SERVICES. (a) In
this section, "facilities management services" means any state
agency facilities management service that is not unique to carrying
out a program of the agency. The term includes services related to
facilities construction and management, energy management, general
building and grounds maintenance, facility leasing, and data
facilities management.
(b) Notwithstanding any other law, the commission shall
provide facilities management services in relation to all
facilities used for a state agency's headquarters in Travis County
or a county adjacent to Travis County.
SECTION 3.02. Subchapter B, Chapter 2165, Government Code,
is amended by adding Section 2165.057 to read as follows:
Sec. 2165.057. MANAGEMENT OF FACILITIES. The commission
shall develop and implement policies that clearly define the
responsibilities of the commission and the commission's staff that
relate to conducting facilities management services for state
agency facilities under Section 2165.007.
SECTION 3.03. Subtitle E, Title 10, Government Code, is
amended by adding Chapter 2206 to read as follows:
CHAPTER 2206. USE AND MANAGEMENT OF STATE PROPERTY
Sec. 2206.001. DEFINITION. In this chapter, "capital
charge" means an amount paid to the state by a state agency based on
real property owned by the agency and designed to provide budgetary
incentives for an agency to use its property in a cost-effective
manner.
Sec. 2206.002. INFORMATION ON REAL PROPERTY. Each state
agency shall include, as part of its legislative appropriations
request, the following information on any real property owned by
the agency:
(1) total land owned, in acres;
(2) total building space owned, in usable square feet;
(3) location of property owned, by county,
municipality, and survey;
(4) historical or acquisition costs of property owned
and improvements;
(5) appraised market value of property owned, if
known, including year of appraisal;
(6) if an appraisal is not available or is more than
four years old, estimated market value of property owned using
available indices or comparisons to county central appraisal
district data, local economic data, or other sources;
(7) current use, expected use during the next
biennium, and expected long-term use of the property owned;
(8) recommendations on the retention or disposition of
property owned and, if the agency recommends that a property be
disposed of, efforts made to market the property; and
(9) estimated impact, if any, of the capital charge
system on federal direct and indirect cost recovery.
Sec. 2206.003. TEXAS AGENCY INFRASTRUCTURE COMMISSION. (a)
In this section, "commission" means the Texas Agency Infrastructure
Commission.
(b) The Texas Agency Infrastructure Commission is created
to:
(1) investigate the number and function of state
agency field offices; and
(2) recommend the colocation or closure of state
agency field offices, if appropriate.
(c) The commission is composed of:
(1) four members appointed by the governor;
(2) one member appointed by the governor who serves as
presiding officer;
(3) one member appointed by the lieutenant governor;
(4) one member appointed by the governor from a list of
persons submitted by the speaker of the house of representatives;
(5) one member appointed by the land commissioner; and
(6) one member appointed by the comptroller.
(d) The governor may reject the persons on a list submitted
under Subsection (c)(4) and require a new list to be submitted.
(e) A member of the commission may not receive compensation
but is entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in conducting
the business of the commission. The travel expenses of a member are
payable from the funds appropriated to the office of the officer who
appointed the member, except that the expenses of a member
appointed under Subsection (c)(4) are payable from the funds
appropriated to the office of the speaker.
(f) Employees of the governor's office and the asset
management division of the General Land Office shall staff the
commission.
(g) The commission shall meet at the call of the presiding
officer.
(h) Before September 1, 2004, the commission shall submit a
report with its findings and recommendations for state agency field
offices to:
(1) the legislature;
(2) the governor; and
(3) the comptroller.
(i) This section expires and the commission is abolished on
September 1, 2004.
SECTION 3.04. Subchapter A, Chapter 12, Parks and Wildlife
Code, is amended by adding Section 12.0261 to read as follows:
Sec. 12.0261. ASSESSMENT OF USING STATE LAND FOR PUBLIC
HUNTING. (a) Not later than January 31 of each even-numbered year,
the department shall request an inventory and assessment from all
state agencies holding state land that may be suitable for public
hunting, including land in the permanent university fund.
(b) Not later than June 1 of each even-numbered year, each
state agency contacted shall provide the department with an
inventory of the land the agency holds in this state and an
assessment of the potential of each property listed on the
inventory for use in a public hunting program to be managed by the
department.
(c) Based on the inventories and assessments received under
Subsection (b), the department shall identify land appropriate for
public hunting. If the department finds that the economic benefit
of making the land available for a public hunting program is greater
than the costs to this state, including administrative, personnel,
and environmental costs or costs associated with the loss of use of
the land for other purposes, the department shall prepare a
detailed proposal to implement a public hunting program for that
land.
(d) The department shall send to the affected state agency
its proposal for a property selected under Subsection (c). Before a
public hunting program may begin on land identified under this
section, the department and the affected agency must agree on the
terms of the proposal.
(e) Not later than December 31 of each even-numbered year,
the department shall report on the results of the assessments,
proposals, and programs under this section to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of appropriate house and senate committees.
SECTION 3.05. Subchapter D, Chapter 201, Transportation
Code, is amended by adding Section 201.210 to read as follows:
Sec. 201.210. ASSET MANAGEMENT. (a) The department shall
implement a comprehensive asset management system for owned and
leased assets, excluding rights-of-way. The system shall include:
(1) an annual statewide asset review;
(2) creation of standards for classifying assets;
(3) monitoring of asset transactions and the
development of timetables for transactions;
(4) use of the department's leased facilities
database, if feasible;
(5) incorporation of:
(A) previous department asset assessments; and
(B) information from the General Land Office's
evaluation of department real property; and
(6) integration with department district information
systems.
(b) The department shall create a statewide facilities
master plan for owned and leased real property, including
department facilities. The plan shall:
(1) be updated every biennium;
(2) distinguish between simple and complex assets;
(3) include the development of timetables for asset
transactions; and
(4) implement the recommendations from the General
Land Office's evaluation of department real property by the end of
fiscal year 2006, not including recommendations relating to the
Sugarland Prison Farm, the Leander Rehabilitation Center, and the
department district's headquarters in San Antonio.
(c) The department shall develop and publish guidelines for
barter transactions involving department facilities.
(d) The department shall hire qualified specialists and
analysts as necessary to implement this section.
SECTION 3.06. Subchapter I, Chapter 201, Transportation
Code, is amended by adding Section 201.7045 to read as follows:
Sec. 201.7045. REPAIR AND MAINTENANCE OF HIGHWAY EQUIPMENT
AND MOTOR VEHICLES. In connection with the repair and maintenance
of highway equipment and motor vehicles used by the department, the
department shall:
(1) hold district engineers accountable for
compliance with equipment preventative maintenance schedules;
(2) improve maintenance practices so as to reduce
downtime and total equipment requirements and to improve equipment
reliability and salvage value;
(3) require that, whenever practicable, preventative
maintenance be performed on equipment and vehicles when they are
not being used for operations;
(4) recalculate district shop and labor rate
calculations to reflect "best practice" standards; and
(5) use outside contractors to perform after-hours
maintenance whenever the department has evaluated the
cost-effectiveness of after-hours maintenance and determined that
performing after-hours maintenance is the most efficient option.
SECTION 3.07. (a) Not later than September 1, 2004, the
Texas Department of Transportation shall adopt rules for leasing
rights-of-way, including highway medians and light towers for
telecommunications purposes.
(b) The department may appoint a rules advisory committee
that includes representatives of the telecommunications industry
to assist the department in drafting the rules.
ARTICLE 4. MANAGEMENT OF INFORMATION TECHNOLOGY
SECTION 4.01. Subchapter C, Chapter 2054, Government Code,
is amended by adding Section 2054.0525 to read as follows:
Sec. 2054.0525. ENHANCEMENT AND IMPROVEMENT OF INFORMATION
CAPABILITIES; RULES. (a) The department may perform any action
necessary or desirable to enhance and improve state government's
information resources technologies, including actions designed to:
(1) enhance the state's information resources and data
processing capabilities;
(2) improve the state's telecommunications
capabilities; and
(3) improve the effectiveness and efficiency of
electronic government projects or other projects that use
information resources technologies.
(b) The department may adopt rules to implement this
section.
SECTION 4.02. Section 2055.001(1), Government Code, is
amended to read as follows:
(1) "Board," "department," "electronic government
project," "executive director," "local government," "major
information resources project," and "TexasOnline" have the
meanings assigned by Section 2054.003.
SECTION 4.03. Chapter 2055, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. RETURN ON INVESTMENT PROGRAM
Sec. 2055.201. CREATION OF PROGRAM. The office shall
implement a return on investment program for selected major
information resources projects to quantify, measure, evaluate, and
verify technology investment benefits for the government and
residents of this state.
Sec. 2055.202. RESPONSIBILITY FOR PROGRAM. The office is
responsible for the outcomes, costs, and timeliness of all major
information resources projects selected under this subchapter.
Sec. 2055.203. PERFORMANCE MEASURES AND GOALS. (a) The
office shall outline broad goals to measure the success, cost, and
long-term return on investment presented for each major information
resources project.
(b) The office shall establish budgetary performance
measures that quantify the actual return on investment on
completion of projects.
Sec. 2055.204. GENERAL OVERSIGHT OF PROGRAM; AUDITS AND
REPORTS. (a) The quality assurance team of the Legislative Budget
Board shall oversee the program.
(b) The quality assurance team of the Legislative Budget
Board may require periodic reports or audits from state agencies
for projects selected under this subchapter.
Sec. 2055.205. SELECTION OF MAJOR PROJECTS. (a) The
quality assurance team of the Legislative Budget Board shall select
major information resources projects for the return on investment
program.
(b) Each state agency with a project selected under this
subchapter shall, in consultation with the office, submit an
implementation plan to the department that demonstrates how:
(1) the agency will seek cooperative and collaborative
efforts from other state agencies; and
(2) the project will:
(A) benefit individuals in this state and the
state as a whole;
(B) use, to the fullest extent, technology owned
or adapted by other state agencies;
(C) employ, to the fullest extent, the
department's information technology standards, including
Internet-based technology standards;
(D) easily expand, to the fullest extent, to
serve other residents of this state or other state agencies;
(E) develop on time and on budget;
(F) produce quantifiable returns on investment;
and
(G) meet any other criteria developed by the
department or the quality assurance team of the Legislative Budget
Board.
(c) If a selected project involves more than one state
agency, the state agencies may jointly submit a plan for the project
under Subsection (b).
(d) The department and the quality assurance team shall
review and consider whether to approve or reject a plan.
(e) The department and the quality assurance team may
consider the past performance of a state agency or a vendor in
deciding whether to approve or reject a plan.
Sec. 2055.206. APPROVAL REQUIRED FOR MAJOR PROJECTS TO
PROCEED; LIMIT ON FUNDING. (a) A major information resources
project selected under this subchapter may not proceed:
(1) without approval under Section 2055.205; or
(2) if the quality assurance team of the Legislative
Budget Board determines that the project is not sufficiently sound
to receive funding under the program.
(b) A state agency that is not allowed to proceed under this
section may not seek funding from other sources for the selected
project.
Sec. 2055.207. FUNDING FOR PROGRAM. The return on
investment program shall be funded from a percentage of money
appropriated to or budgeted by state agencies for the major
information resources projects designated by the legislature under
Section 2054.003. The legislature shall prescribe the percentage
or percentages, as applicable, in the General Appropriations Act.
Sec. 2055.208. REIMBURSEMENT FOR MAJOR PROJECT EXPENSES.
(a) As a major information resources project selected and approved
under this subchapter proceeds, a state agency that incurs costs
for the project may periodically request reimbursement from money
budgeted for the project or authority to obligate that money for
payment of project costs, as applicable.
(b) The agency must obtain approval from the executive
director before receiving reimbursement or obligating money for
payment of project costs. The executive director shall approve a
request under this section if:
(1) the involved state agencies, vendors, or other
sponsors demonstrate to the executive director's satisfaction that
the project is generally proceeding according to the approved
return on investment plan; and
(2) the total amount requested for that project:
(A) does not exceed the approved amount budgeted
for the project; or
(B) does exceed the approved amount budgeted for
the project, but the excess amounts are to be paid out of existing
funds appropriated to the relevant budget strategy of that state
agency that may be spent on the project.
(c) If multiple state agencies are involved under
Subsection (b)(2)(B), the executive director shall approve the
amounts paid or obligated in amounts proportionate to each agency's
financial participation in the project.
(d) If the executive director approves the request, the
executive director shall notify the comptroller to release the
budgeted money to the state agency or obligate the money for payment
of project costs, as applicable.
Sec. 2055.209. APPEAL OF DECISIONS. (a) A state agency
that disagrees with the executive director's failure to approve a
request under Section 2055.208(b) may appeal to the quality
assurance team of the Legislative Budget Board.
(b) If a state agency disagrees with the quality assurance
team's decision under Subsection (a) or Section 2055.206, the
agency may appeal to the Legislative Budget Board.
Sec. 2055.210. REPORT. (a) The office shall identify and
report all cost savings and cost avoidance amounts from its
activities under this subchapter to:
(1) the department; and
(2) the quality assurance team of the Legislative
Budget Board.
(b) The office shall also send its report under Subsection
(a) to the Legislative Oversight Committee for Electronic
Government Projects. This subsection expires December 31, 2004.
SECTION 4.04. Subchapter D, Chapter 201, Transportation
Code, is amended by adding Section 201.2036 to read as follows:
Sec. 201.2036. REVIEW OF INFORMATION SYSTEMS. (a) The
department shall contract with independent specialists with
extensive knowledge of evolving legacy systems for a comprehensive
review of the department's information systems.
(b) The review must include:
(1) identification and solicitation of information
from major internal and external customer and user groups to
determine and plan for the department's information system product
and service needs;
(2) evaluation of the extent to which the department's
information technology enterprise plans meet those needs;
(3) consideration of the ability of the department's
information systems division to accomplish the goal, objectives,
strategies, and actions provided for in the department's strategic
plan;
(4) evaluation of the relative potential and costs of
the department's database strategy to meet anticipated user demands
compared to alternative strategies; and
(5) determination of the relative advisability and
desirability of implementation of agency-wide enterprise resource
planning software as an alternative to continuing to maintain and
evolve current systems.
(c) The contract must require that a report of the review be
submitted to the department before January 1, 2003.
(d) This section expires January 1, 2003.
SECTION 4.05. (a) Section 201.501, Transportation Code, is
amended to read as follows:
Sec. 201.501. RECORDING AND STORAGE [REPRODUCTION] OF
RECORDS. (a) The department shall develop an imaging system to
record and store [may photograph, microphotograph, or film] any
record that pertains to department operations.
(b) The department shall record and store [may create]
original records in an electronic form [micrographic form on media,
such as computer output microfilm].
(c) The department shall [provide an adequate number of
microfilm readers and printers to] allow the public convenient and
inexpensive access to records created under Subsection (a). The
department shall index the records alphabetically, by number, by
subject matter, or by other appropriate references and shall
provide the index to the public to promote convenient access.
(d) An image [A photograph, microphotograph, or film] of a
record reproduced under Subsection (a) is equivalent to the
original record for all purposes, including introduction as
evidence in all courts and administrative agency proceedings. A
certified or authenticated copy of such an image [a photograph,
microphotograph, or film] is admissible as evidence equally with
the original image [photograph, microphotograph, or film].
(e) The director or an authorized representative may
certify the authenticity of an image [a photograph,
microphotograph, or film] of a record reproduced under this section
and shall charge a fee for access to the image [the certified
photograph, microphotograph, or film] as provided by law.
(f) Certified records shall be furnished to any person who
is authorized by law to receive them.
(b) As the Texas Department of Transportation implements a
record imaging system in accordance with Section 201.501,
Transportation Code, as amended by this section, the department
shall phase out its microform library of records. Not later than
January 1, 2004, the department must have fully implemented a
record imaging and storage system in accordance with Section
201.501, Transportation Code, as amended by this section.
SECTION 4.06. Subchapter J, Chapter 201, Transportation
Code, is amended by adding Section 201.8015 to read as follows:
Sec. 201.8015. CENTRALIZATION OF INFORMATION AND
ASSISTANCE. (a) The department shall centralize consumer and
technical assistance in its help desk. The department shall
include in the duties of the help desk answering questions from the
public and counties about registration and titling, and shall
direct a majority of those calls to the help desk.
(b) The department shall reallocate employees between
regional offices and the help desk as necessary to carry out
Subsection (a).
SECTION 4.07. Subchapter A, Chapter 502, Transportation
Code, is amended by adding Section 502.010 to read as follows:
Sec. 502.010. INTERNET REGISTRATION SYSTEM. The department
shall expand the department's Internet registration system to allow
for:
(1) interconnection with the automated registration
and title system;
(2) vehicle fleet registration; and
(3) registration of vehicles under the International
Registration Plan under Section 502.054.
ARTICLE 5. STATE CONTRACTING AND PROCUREMENT
SECTION 5.01. Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.063 to read as follows:
Sec. 531.063. CONTRACTS FOR TRANSPORTATION BROKERAGE
SERVICES. (a) The commission shall contract with a single
statewide transportation broker or with an appropriate number of
regional transportation brokers for administrative assistance in
providing transportation services under the medical transportation
program.
(b) The commission may contract under this section with any
person who meets the criteria established by the commission,
including a nonprofit organization, public entity, or private
contractor.
(c) A contract between the commission and a broker must:
(1) require the broker to act as a gatekeeper to
control costs and the use of transportation services, as well as to
ensure consistent quality of and access to those services;
(2) require the broker to implement procedures
designed to:
(A) prevent fraud and abuse in the medical
transportation program; and
(B) promote use of the most efficient and least
costly modes of transportation; and
(3) include an overall cap on the amount that may be
paid by the commission under the contract.
(d) The broker or brokers selected by the commission may
contract with transportation providers as necessary to provide
transportation services to persons eligible for those services.
SECTION 5.02. Subchapter C, Chapter 2054, Government Code,
is amended by adding Section 2054.062 to read as follows:
Sec. 2054.062. STATE AGENCY LETTERHEAD. The department
shall create a program that automatically generates letterhead for
a state agency on an agency computer.
SECTION 5.03. Section 2171.055, Government Code, is amended
by adding Subsection (f) to read as follows:
(f) An officer or employee of a public junior college, as
defined by Section 61.003, Education Code, or of a school district
who is engaged in official business may participate in the
commission's contract for travel services for the purpose of
obtaining reduced airline fares and reduced travel agent fees. The
commission may charge a participating public junior college or
school district a fee not to exceed the costs incurred by the
commission in providing services under this subsection. The
commission shall periodically review fees and shall adjust them as
needed to ensure recovery of costs incurred in providing services
to public junior colleges and school districts under this
subsection. The commission shall deposit the fees collected under
this subsection to the credit of the school district airline fares
account. The school district airline fares account is an account in
the general revenue fund that may be appropriated only for the
purposes of this chapter. The commission shall adopt rules and make
or amend contracts as necessary to administer this subsection.
SECTION 5.04. Subchapter H, Chapter 201, Transportation
Code, is amended by adding Section 201.616 to read as follows:
Sec. 201.616. CONSULTANT SELECTION PROCESS. The department
shall work with the consulting engineering design community to
improve its consultant selection process and with representatives
of other states to find ways to reduce administrative burdens on the
department and consulting firms.
SECTION 5.05. Subchapter H, Chapter 201, Transportation
Code, is amended by adding Sections 201.617 and 201.618 to read as
follows:
Sec. 201.617. PUBLIC-PRIVATE COMPETITION FOR HIGHWAY
MAINTENANCE. The department shall increase the number of highway
maintenance projects that are open to private competition and shall
contract with private businesses to perform highway maintenance if
a private business is capable of performing better maintenance than
the department is capable of performing at a lower cost than the
department's cost for the same maintenance.
Sec. 201.618. HIGHWAY MAINTENANCE PILOT PROJECT. (a) The
department shall create a pilot project to outsource highway
maintenance to private businesses. The project shall include all
aspects of highway maintenance, including capital work and bridge
maintenance, and shall focus on costs over the highway's life cycle
and encourage vendor innovation. The term of the project must be of
adequate duration and the highway segment of sufficient size to
allow the department to determine the effectiveness of the project.
(b) A project under this section may be a new project or a
renegotiation of an existing project.
(c) This section expires December 31, 2005.
SECTION 5.06. Subchapter I, Chapter 201, Transportation
Code, is amended by adding Section 201.708 to read as follows:
Sec. 201.708. PURCHASING METHOD. In purchasing goods and
services the department may use, but is not limited to, the reverse
auction procedure.
SECTION 5.07. Subchapter I, Chapter 201, Transportation
Code, is amended by adding Sections 201.711-201.714 to read as
follows:
Sec. 201.711. JUST-IN-TIME INVENTORY PILOT PROGRAM. (a)
Before January 1, 2004, the Texas Building and Procurement
Commission and the department shall implement a just-in-time
inventory pilot program for the purchase of office and janitorial
supplies for the department in small quantities with frequent
deliveries.
(b) The Texas Building and Procurement Commission and the
department shall determine which office supplies and janitorial
items are to be included in the pilot program.
(c) To the extent necessary to implement the inventory pilot
program, the department or the Texas Building and Procurement
Commission, as applicable, may modify the terms of contracts
offered to vendors as part of the pilot program to ensure that items
are delivered to the department within 24 to 48 hours from the time
the department orders those items.
(d) To the extent practicable, items to be purchased under
the pilot program should not be inventoried at a regional supply
center or district warehouse of the department but should be
delivered directly to the location where they are to be used.
(e) The Texas Building and Procurement Commission and the
department shall use as the model for the pilot program under this
section the program for just-in-time inventory approaches for the
purchase of office supplies and the program for the purchase of
office or janitorial supplies adopted by other states with
populations that exceed the population of this state.
(f) Under the pilot program developed by the Texas Building
and Procurement Commission and the department, the department
should offer one contract for office supplies and a separate
contract for janitorial items. A contract offered under the pilot
program must:
(1) require service guarantees similar to those
required by the programs in the other states; and
(2) allow orders to be placed by telephone, facsimile,
mail, or the Internet, with the Internet to be used as the primary
communication mode.
(g) This section expires December 31, 2005.
Sec. 201.712. SUPPLY CHAIN MANAGEMENT GROUP. (a) The
department shall create a supply chain management group to lead the
application of "best practices" in logistics and materials
management throughout the department. The group shall be placed
within the purchasing section of the department's general services
division at a level that supports organizational visibility.
(b) The supply chain management group may not be composed of
more than five employees located at the department's Austin
headquarters. At least two members of the group should have
private-sector experience in supply chain management and possess
professional certification in that area. The remaining group
members should be recruited from within the department and have
demonstrated innovative work in purchasing or warehousing.
(c) As its initial task, the supply chain management group
shall review all existing reports, including the June 1997 KPMG
Peat Marwick report and the November 1998 report by the state
auditor, identify viable recommendations, develop implementation
strategies, and seek approval from executive management to
implement those recommendations.
(d) After the supply chain management group completes its
task under Subsection (c), the group shall travel to the department
districts and divisions and facilitate the establishment of
permanent supply chain committees, composed of seven to nine
members from within the department having staggered terms to ensure
continuity. Purchasing, warehousing, and district or division
management personnel shall select representatives from end user
groups to fill the remaining positions on the committee.
(e) The supply chain management group shall focus its
efforts on conducting "yellow pages tests" to determine whether the
department should do particular jobs if there are businesses that
advertise in the telephone directory yellow pages that can do those
jobs better and at a lower cost. The group should first review
warehousing operations and then review other areas of supply chain
management.
Sec. 201.713. SUPPLY CHAIN MANAGEMENT TRAINING. (a) The
department shall collaborate with private-sector logistics
organizations to provide supply chain management training for the
department's purchasing and warehouse managers.
(b) The supply chain management group established under
Section 201.712 may assist in providing training under Subsection
(a). In addition, and so as to complement the efforts of the supply
chain management group and to integrate supply chain management
principles throughout the department's divisions and districts,
the department shall encourage department purchasing and warehouse
managers to pursue additional training and certification.
Sec. 201.714. EVALUATION OF WAREHOUSE SPACE. (a) The
department shall evaluate the department's warehouse space and
determine how to maximize the use of that space.
(b) If the implementation of Sections 201.711-201.713
results in the identification or creation of warehouse space that
is not being used by the department, and depending on the amount of
that unused space, the department shall consider leasing the unused
space to other entities or converting the space to other uses.
SECTION 5.08. Subchapter I, Chapter 201, Transportation
Code, is amended by adding Section 201.715 to read as follows:
Sec. 201.715. CERTAIN CONTRACTS WITH THE TEXAS DEPARTMENT
OF CRIMINAL JUSTICE. The department shall renegotiate a contract
for signs with the Texas Department of Criminal Justice as
necessary to reduce:
(1) the sign inventory of the department; and
(2) the number of days allowed for the Texas
Department of Criminal Justice to deliver signs.
SECTION 5.09. Section 202.055, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) The department shall:
(1) seek information from potential lessees of rest
areas to determine interest in leasing rest areas and ways that rest
areas could be used to benefit the public and reduce state expenses;
and
(2) consider, in determining proposed uses of a rest
area, the opinions of government officials serving the area in
which the rest area is located and of businesses and residents in
that area.
SECTION 5.10. Subchapter A, Chapter 223, Transportation
Code, is amended by adding Section 223.017 to read as follows:
Sec. 223.017. PREQUALIFICATION-BASED BIDDING. (a) The
department shall establish a formal process to establish strict
initial prequalification criteria and provide for ongoing
follow-up evaluations to assess the quality of work performed by
bidders. The process must be simple and straightforward so as to
minimize the administrative burden of the department and
contractors.
(b) The department shall evaluate each project of the
department after completion and compile a performance index for
each contractor. The performance index may be used to increase or
decrease the amount of work a contractor may be given on the basis
of the prequalification limit. A higher performance index shall
allow bidding on larger jobs. To reduce concerns of the
contractors, information collected under this subsection may not be
used to adjust bid prices.
(c) The department shall tier the qualifications so that
specialized expertise is necessary only if that element is included
in the particular bid under consideration.
SECTION 5.11. Subchapter B, Chapter 223, Transportation
Code, is amended by adding Section 223.049 to read as follows:
Sec. 223.049. USE OF WARRANTIES. (a) The department shall
increase its use of warranties.
(b) The department shall begin implementing warranties in a
sample of new construction contracts with appropriate associated
surety provisions. The use of warranties may be extended as the
department and contractors and insurers develop experience and
expertise. In implementing warranties, the department shall
develop strict prequalification guidelines to ensure that this
state receives the maximum benefit.
(c) The department shall determine warranty length based on
its experience, construction practices, and the project involved.
Life cycle cost analysis shall be used to determine when to use
warranties. Appropriate quality control processes must remain in
place for the projects.
(d) The department shall conduct analyses of warranties in
high-volume restricted access road projects, such as interstate
highways, toll roads, and bridges. The department shall also
analyze warranties for specific elements of larger projects, such
as asphalt-concrete pavement, bridge decks, bridge painting, and
bridge expansion dams.
(e) For a contract that combines both the design and
construction elements, including an exclusive developer agreement,
the department must include as part of the bidding process an option
for an extended warranty for items such as pavement so that life
cycle cost analysis can determine cost-effectiveness.
ARTICLE 6. HEALTH AND HUMAN SERVICES ISSUES
SECTION 6.01. Subchapter A, Chapter 531, Government Code,
is amended by adding Section 531.0015 to read as follows:
Sec. 531.0015. TRANSFER OF POWERS AND DUTIES FROM CERTAIN
HEALTH AND HUMAN SERVICES AGENCIES. (a) Each health and human
services agency, as defined by Section 531.001(4), is abolished,
and all powers, duties, personnel, property, assets, and
obligations of the agency are transferred to the commission. The
validity of a prior action of an agency defined by Section
531.001(4) is not affected by the abolishment.
(b) All rules of a health and human services agency, as
defined by Section 531.001(4), relating to a transferred power or
duty remain in effect as rules of the commission until amended or
repealed by the commission.
(c) A reference in law to a health and human services
agency, as defined by Section 531.001(4), or to the governing body
of that agency means the commission or the commissioner of health
and human services, as appropriate.
(d) The commissioner of health and human services shall
organize the operations of the commission so that health and human
services are provided in this state through divisions created
within the commission, as determined by the commissioner.
SECTION 6.02. Subchapter A, Chapter 101, Occupations Code,
is amended by adding Sections 101.008, 101.0081, 101.009, 101.010,
101.011, and 101.012 to read as follows:
Sec. 101.008. SUNSET PROVISION. The Health Professions
Council is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the council is abolished and this chapter expires September 1,
2015.
Sec. 101.0081. SPECIAL PURPOSE SUNSET REVIEW. (a) During
the period preceding the regular session of the 79th Legislature,
the Sunset Advisory Commission shall perform a special purpose
review of the council. In the review, the sunset commission may only
review the appropriateness of the recommendations made by the
commission to the regular session of the 78th Legislature regarding
the council. In the sunset commission's report to the 79th
Legislature, the commission may include any of those prior
recommendations the commission considers appropriate.
(b) The council and the agencies composing the council shall
cooperate with the Sunset Advisory Commission in the review and
shall provide to the commission any information the commission
considers necessary for the review.
(c) This section expires September 1, 2005.
Sec. 101.009. RULES. (a) The council may adopt rules to
govern the operation and administration of an agency listed in
Section 101.002.
(b) The council may adopt rules related to the management of
an agency listed in Section 101.002, including rules governing
information technology, human resources, and financial services.
(c) The council may not adopt a rule related to the practice
of a profession regulated by an agency listed in Section 101.002.
Sec. 101.010. COUNCIL POLICIES. The council shall adopt
policies to govern the agencies that compose the council.
Sec. 101.011. COUNCIL POWERS. (a) The council may manage
the operations of an agency listed in Section 101.002.
(b) The council shall exercise the administrative
responsibilities of information technology, human resources, and
financial operations of an agency listed in Section 101.002.
Sec. 101.012. DIVISION OF RESPONSIBILITIES. (a) The
council shall develop and implement policies that clearly separate
the policy-making responsibilities and the management
responsibilities of the council and the agencies that compose the
council.
(b) Notwithstanding any other law, an agency listed in
Section 101.002 may not adopt a rule related to the organization,
operating procedures, or management of the agency that is
determined by council rule to be within the council's
responsibility.
SECTION 6.03. Section 22.001, Human Resources Code, is
amended by adding Subsection (e) to read as follows:
(e) The department may solicit and accept gifts, grants, and
donations of money, property, or services from public or private
sources for use in helping persons who are needy or in carrying out
any of the department's functions.
SECTION 6.04. Section 21.003(d), Human Resources Code, is
amended to read as follows:
(d) The governor shall designate a member of [After the
biennial appointment of new members,] the board as the [shall elect
a] presiding officer of the board to serve in that capacity at the
pleasure of the governor [who shall preside over meetings of the
board].
SECTION 6.05. Chapter 21, Human Resources Code, is amended
by adding Section 21.00605 to read as follows:
Sec. 21.00605. REGIONAL BUSINESS PLANNING. (a) The
department shall develop a business plan for each service region
that:
(1) addresses the department's statewide goals and
states the region's specific objectives and strategies to meet the
goals;
(2) includes region-specific targets for
client-centered outcome measures; and
(3) requires regional administrators to report at
least annually to the state office on the region's progress in
achieving the goals and objectives contained in the region's
business plan.
(b) The department shall develop standard client-centered
outcome measures and use the standard measures in all regional
business plans.
(c) The department must seek public input in the development
of regional business plans and regional strategies.
SECTION 6.06. Subchapter A, Chapter 31, Human Resources
Code, is amended by adding Section 31.0129 to read as follows:
Sec. 31.0129. COORDINATED PLAN TO IMPROVE INTERAGENCY
TRANSITIONS. (a) The department, the Texas Workforce Commission,
and representatives of local workforce development boards shall
conduct a survey of best practices used to transition clients
between local department offices and workforce centers.
(b) The department shall:
(1) analyze information collected by a survey under
Subsection (a); and
(2) formulate recommendations and strategies to
improve practices used to transition clients between local
department offices and workforce centers.
(c) Using existing resources, the department and local
workforce development boards shall adopt policies to implement the
recommendations and strategies contained in the revised and updated
memorandum of understanding under Section 31.0128.
SECTION 6.07. Chapter 122, Human Resources Code, is amended
by adding Section 122.029 to read as follows:
Sec. 122.029. DUTIES OF STATE AUDITOR. (a) As part of an
audit of a state agency authorized under Section 2161.123,
Government Code, the state auditor shall:
(1) conduct an audit of a state agency for compliance
with this chapter; and
(2) report to the council a state agency that is not
complying with this chapter.
(b) If the state auditor reports to the council that a state
agency is not complying with this chapter, the council shall assist
the agency in complying.
ARTICLE 7. PERSONNEL AND HUMAN RESOURCES
SECTION 7.01. Subchapter K, Chapter 659, Government Code,
is amended by adding Section 659.262 to read as follows:
Sec. 659.262. ADDITIONAL COMPENSATION FOR CERTAIN
CLASSIFIED STATE EMPLOYEES. (a) In this section, "state agency"
means an agency of any branch of state government that employs
individuals who are classified under Chapter 654.
(b) To enhance the recruitment of competent personnel for
certain classified employee positions, a state agency may provide
to a state employee, at the time of the employee's hiring for a
classified position, additional compensation in the form of a
one-time recruitment payment not to exceed $5,000. If the employee
discontinues employment with the state agency for any reason less
than three months after the date of receiving the recruitment
payment, the employee shall refund to the state agency the full
amount of the recruitment payment. If the employee discontinues
employment with the state agency for any reason three months or
longer but less than 12 months after the date of receiving the
recruitment payment, the employee shall refund to the state agency
an amount computed by:
(1) subtracting from 12 months the number of complete
calendar months the employee worked after the date of receiving the
recruitment payment;
(2) dividing the number of months computed under
Subdivision (1) by 12 months; and
(3) multiplying the fraction computed under
Subdivision (2) by the amount of the recruitment payment.
(c) To enhance the retention of employees who are employed
in certain classified positions that are identified by the chief
administrator of a state agency as essential for the state agency's
operations, a state agency may enter into a deferred compensation
contract with a classified employee to provide to the employee a
one-time additional compensation payment not to exceed $5,000 to be
added to the employee's salary payment the month after the
conclusion of the 12-month period of service under the deferred
compensation contract.
(d) To be eligible to enter into a contract for deferred
compensation under Subsection (c), a state employee must have
already completed at least 12 months of service in a classified
position.
(e) The chief administrator of a state agency shall
determine whether additional compensation is necessary under this
section on a case-by-case basis, considering:
(1) the criticality of the employee position in the
operations of the state agency;
(2) evidence of high turnover rates among employees
filling the position or an extended period during which the
position is or has in the past been vacant;
(3) evidence of a shortage of employees qualified to
fill the position or a shortage of qualified applicants; and
(4) other relevant factors.
(f) Before an agency provides or enters into a contract to
provide additional compensation to an employee under this section,
the chief administrator of the state agency must certify to the
comptroller in writing the reasons why the additional compensation
is necessary.
(g) Additional compensation paid to an employee under this
section is specifically exempted from any limitation on salary or
salary increases prescribed by this chapter.
SECTION 7.02. Section 2056.0021, Government Code, is
amended to read as follows:
Sec. 2056.0021. WORKFORCE PLANNING. (a) As part of the
strategic plan required under Section 2056.002, a state agency
shall conduct a strategic staffing analysis and develop a workforce
plan, according to guidelines developed by the state auditor, to
address critical staffing and training needs of the agency,
including the need for experienced employees to impart knowledge to
their potential successors.
(b) A workforce plan required by this section must include:
(1) the training and education rules adopted by the
state agency under Section 656.048; and
(2) a detailed list of the state agency's managerial
training requirements, including the minimum hourly requirements
for annual or biennial managerial training.
(c) The state auditor shall analyze the workforce plans
submitted by state agencies in accordance with this section and use
information gathered from the analysis to:
(1) identify state agencies that would benefit from
workforce planning assistance; and
(2) provide targeted evaluative and corrective
information to the identified state agencies to help the agencies:
(A) identify their core competencies and match
staff knowledge, skills, and abilities with those competencies;
(B) decide whether to maintain or develop the
ability to perform a function or contract with another entity to
perform the function;
(C) use information technology capabilities to
record and organize the knowledge and job skills of current and
retiring employees; and
(D) use recruiting, training, and rewarding
programs to obtain qualified employees, improve agency management
and employee productivity, and provide reward incentives for
capable employees.
(d) In addition to providing targeted information under
Subsection (c), the state auditor shall, on request, provide
training and technical assistance to any state agency to help the
agency develop and improve a workforce plan required by this
section.
SECTION 7.03. Subtitle B, Title 6, Government Code, is
amended by adding Chapter 670 to read as follows:
CHAPTER 670. MANAGEMENT PERFORMANCE PROGRAM
Sec. 670.001. DEFINITION. In this chapter, "state agency"
means an agency in the executive branch of state government.
Sec. 670.002. UPPER MANAGEMENT PERFORMANCE
AGREEMENTS. (a) The governing body of a state agency shall
develop and enter into agreements with employees of the agency who
serve in upper management positions, including the chief executive
or chief administrator of the agency.
(b) An agreement under this section shall:
(1) communicate to the upper management employee the
agency's overall organizational goals and specific strategic aims;
(2) identify the specific performance measures and
targets applicable to the unique programs for which the upper
management employee is responsible; and
(3) explain the procedures that will be used by the
agency to hold the upper management employee accountable for
performance under the agreement, including annual performance
review procedures.
SECTION 7.04. Effective September 1, 2003, Section 651.004,
Government Code, is amended by adding Subsection (c-1) to read as
follows:
(c-1) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not, after August 31, 2004, 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. This subsection expires September
1, 2005.
SECTION 7.05. Effective September 1, 2004, Section 651.004,
Government Code, is amended by adding Subsection (c-2) to read as
follows:
(c-2) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not, after August 31, 2005, 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. This subsection expires September
1, 2006.
SECTION 7.06. Effective September 1, 2005, Section 651.004,
Government Code, is amended by adding Subsection (c-3) to read as
follows:
(c-3) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not, after August 31, 2006, 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. This subsection expires September
1, 2007.
SECTION 7.07. (a) Effective September 1, 2006, Section
651.004, Government Code, is amended by adding Subsection (c) to
read as follows:
(c) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not 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) A state agency in the executive branch of government
shall achieve the management-to-staff ratio required by Section
651.004(c), Government Code, as added by this section, not later
than August 31, 2007.
SECTION 7.08. Section 656.048(b), Government Code, is
repealed.
SECTION 7.09. Subtitle B, Title 6, Government Code, is
amended by adding Chapter 671 to read as follows:
CHAPTER 671. HUMAN RESOURCES STAFFING AND FUNCTIONS
Sec. 671.001. DEFINITION. In this chapter, "state agency"
means a department, commission, board, office, authority, council,
or other governmental entity in the executive branch of government
that is created by the constitution or a statute of this state and
has authority not limited to a geographical portion of the state.
The term does not include a university system or institution of
higher education as defined by Section 61.003, Education Code.
Sec. 671.002. HUMAN RESOURCES STAFFING FOR LARGE STATE
AGENCIES. A state agency with 500 or more full-time equivalent
employees shall 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 100 staff members.
Sec. 671.003. HUMAN RESOURCES STAFFING FOR MEDIUM-SIZED
STATE AGENCIES; OUTSOURCING. A state agency with fewer than 500
full-time equivalent employees but more than 100 full-time
equivalent employees shall:
(1) 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 100 staff members; or
(2) contract with a private entity to perform the
human resources functions of the agency, if the State Council on
Competitive Government determines that the agency's contracting
with a private entity is cost-effective.
Sec. 671.004. HUMAN RESOURCES STAFFING FOR SMALL STATE
AGENCIES; OUTSOURCING. (a) The State Council on Competitive
Government shall determine the cost-effectiveness of contracting
with private entities to perform the human resources functions of
state agencies that employ 100 or fewer full-time equivalent
employees.
(b) If the council determines that contracting with private
entities is cost-effective, the council shall issue a request for
proposals for vendors to perform the human resources functions of
the agencies.
(c) The council shall determine which human resources
functions shall be subject to the contract and which functions the
agency may select to perform itself.
(d) Each agency shall pay for the contracts for human
resources functions out of the agency's human resources budget.
SECTION 7.10. Subchapter F, Chapter 201, Transportation
Code, is amended by adding Section 201.407 to read as follows:
Sec. 201.407. ALLOCATION OF EMPLOYEES. (a) The department
shall examine the department's core business and administrative
units and develop a plan to streamline the department's operation
by:
(1) transferring employees in engineering,
technician, and engineering assistant positions from the statewide
headquarters office to district offices;
(2) transferring employees in support positions from
the division offices to the state headquarters office; and
(3) increasing the department's staff-to-manager
ratio.
(b) In conducting the examination under Subsection (a), the
department shall focus primarily on the following units:
(1) bridge and roadway design;
(2) construction;
(3) environmental affairs;
(4) maintenance; and
(5) transportation planning and programming.
(c) The department shall present the plan required by this
section to the 79th Legislature and shall begin the transfer of
personnel as required by this section not later than August 31,
2005. This section expires September 1, 2005.
SECTION 7.11. Subchapter F, Chapter 201, Transportation
Code, is amended by adding Section 201.408 to read as follows:
Sec. 201.408. LIMITATION ON CERTAIN EMPLOYEES. The
department may not employ more than one employee who performs
duties relating to human resources per 100 department employees.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. This Act takes effect September 1, 2003.