78R9091 MTB-D
By: Swinford H.B. No. 3002
A BILL TO BE ENTITLED
AN ACT
relating to the fees of, and other financial matters applying to,
state governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 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 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 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 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 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 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 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.
SECTION 17. This Act takes effect September 1, 2003.