Suspending limitations on conference committee jurisdiction,
S.B. No. 1863 (Ogden/Pitts)
By: Ogden S.R. No. 1084
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 79th
Legislature, Regular Session, 2005, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 1863 (certain fiscal matters affecting governmental
entities; providing a penalty) to consider and take action on the
following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 5 to the bill to read as follows:
ARTICLE 5. EXTENDING STATE REIMBURSEMENT PROGRAM: PETROLEUM
STORAGE TANKS
SECTION 5.01. Subsection (f), Section 26.351, Water
Code, is amended to read as follows:
(f) The person performing corrective action under this
section, if the release was reported to the commission on or
before December 22, 1998, shall meet the following deadlines:
(1) a complete site assessment and risk assessment
(including, but not limited to, risk-based criteria for
establishing target concentrations), as determined by the
executive director, must be received by the agency no later than
September 1, 2002;
(2) a complete corrective action plan, as
determined by the executive director and including, but not
limited to, completion of pilot studies and recommendation of a
cost-effective and technically appropriate remediation
methodology, must be received by the agency no later than
September 1, 2003. The person may, in lieu of this requirement,
submit by this same deadline a demonstration that a corrective
action plan is not required for the site in question under
commission rules. Such demonstration must be to the executive
director's satisfaction;
(3) for those sites found under Subdivision (2) to
require a corrective action plan, that plan must be initiated and
proceeding according to the requirements and deadlines in the
approved plan no later than March 1, 2004;
(4) for sites which require either a corrective
action plan or groundwater monitoring, a comprehensive and
accurate annual status report concerning those activities must
be submitted to the agency;
(5) for sites which require either a corrective
action plan or groundwater monitoring, all deadlines set by the
executive director concerning the corrective action plan or
approved groundwater monitoring plan shall be met; and
(6) for sites that require either a corrective
action plan or groundwater monitoring, have met all other
deadlines under this subsection, and have submitted annual
progress reports that demonstrate progress toward meeting
closure requirements, a site closure request must be submitted to
[requests for all sites where] the executive director [agreed in
writing that no corrective action plan was required must be
received by the agency] no later than September 1, 2007 [2005].
The request must be complete, as judged by the executive
director.
SECTION 5.02. Subsection (b), Section 26.355, Water
Code, is amended to read as follows:
(b) An owner or operator of an underground or aboveground
storage tank from which a regulated substance is released is
liable to the state unless:
(1) the release was caused by:
(A) [(1)] an act of God;
(B) [(2)] an act of war;
(C) [(3)] the negligence of the State of Texas
or the United States; or
(D) [(4)] an act or omission of a third
party; or
(2) the site at which the release occurred has been
admitted into the petroleum storage tank state-lead program
under Section 26.3573(r-1).
SECTION 5.03. Subsection (b), Section 26.35731, Water
Code, is amended to read as follows:
(b) The commission has discretion whether to postpone
considering, processing, or paying [may not consider, process,
or pay] a claim for reimbursement from the petroleum storage tank
remediation account for corrective action work begun without
prior commission approval after September 1, 1993, and filed with
the commission prior to January 1, 2005 [without prior commission
approval until all claims for reimbursement for corrective
action work preapproved by the commission have been considered,
processed, and paid].
SECTION 5.04. Section 26.3573, Water Code, is amended by
amending Subsections (d), (r), and (s) and adding Subsection
(r-1) to read as follows:
(d) The commission may use the money in the petroleum
storage tank remediation account to pay:
(1) necessary expenses associated with the
administration of the petroleum storage tank remediation account
and the groundwater protection cleanup program[, not to exceed an
amount equal to: 11.8 percent of the gross receipts of that
account for FY02/03; 16.40 percent of the gross receipts of that
account for FY04/05; and 21.1 percent of the gross receipts of
that account for FY06/07];
(2) expenses associated with investigation,
cleanup, or corrective action measures performed in response to a
release or threatened release from a petroleum storage tank,
whether those expenses are incurred by the commission or pursuant
to a contract between a contractor and an eligible owner or
operator as authorized by this subchapter; and
(3) subject to the conditions of Subsection (e) [of
this section], expenses associated with investigation, cleanup,
or corrective action measures performed in response to a release
or threatened release of hydraulic fluid or spent oil from
hydraulic lift systems or tanks located at a vehicle service and
fueling facility and used as part of the operations of that
facility.
(r) Except as provided by Subsection (r-1), the [The]
petroleum storage tank remediation account may not be used to
reimburse any person for corrective action performed after
September 1, 2005.
(r-1) In this subsection, "state-lead program" means the
petroleum storage tank state-lead program administered by the
commission. The executive director shall grant an extension for
corrective action reimbursement to a person who is an eligible
owner or operator under Section 26.3571. The petroleum storage
tank remediation account may be used to reimburse an eligible
owner or operator for corrective action performed under an
extension before August 31, 2007. Not later than July 1, 2007, an
eligible owner or operator who is granted an extension under this
subsection may apply to the commission in writing using a form
provided by the commission to have the site subject to corrective
action placed in the state-lead program. The eligible owner or
operator must agree in the application to allow site access to
state personnel and state contractors as a condition of placement
in the state-lead program under this subsection. On receiving
the application for placement in the state-lead program under
this subsection, the executive director by order shall place the
site in the state-lead program until the corrective action is
completed to the satisfaction of the commission. An eligible
owner or operator of a site that is placed in the state-lead
program under this subsection is not liable to the commission for
any costs related to the corrective action.
(s) The petroleum storage tank remediation account may
not be used to reimburse any person for corrective action
contained in a reimbursement claim filed with the commission
after March 1, 2008 [2006].
SECTION 5.05. Subsection (b), Section 26.3574, Water
Code, is amended to read as follows:
(b) A fee is imposed on the delivery of a petroleum
product on withdrawal from bulk of that product as provided by
this subsection. Each operator of a bulk facility on withdrawal
from bulk of a petroleum product shall collect from the person
who orders the withdrawal a fee in an amount determined as
follows:
(1) $12.50 for each delivery into a cargo tank
having a capacity of less than 2,500 gallons for the state fiscal
year beginning September 1, 2001, and the state fiscal year
beginning September 1, 2002 [FY 02 and FY 03]; and $10.00 for each
delivery into a cargo tank having a capacity of less than 2,500
gallons for the state fiscal year beginning September 1, 2003,
through the state fiscal year ending August 31, 2007 [FY 04 and FY
05; $5.00 for each delivery into a cargo tank having a capacity of
less than 2,500 gallons for FY 06; and $2.00 for each delivery
into a cargo tank having a capacity of less than 2,500 gallons for
FY 07];
(2) $25.00 for each delivery into a cargo tank
having a capacity of 2,500 gallons or more but less than 5,000
gallons for the state fiscal year beginning September 1, 2001,
and the state fiscal year beginning September 1, 2002 [FY 02 and
FY 03]; and $20.00 for each delivery into a cargo tank having a
capacity of 2,500 gallons or more but less than 5,000 gallons for
the state fiscal year beginning September 1, 2003, through the
state fiscal year ending August 31, 2007 [FY 04 and FY 05; $10.00
for each delivery into a cargo tank having a capacity of 2,500
gallons or more but less than 5,000 gallons for FY 06; and $4.00
for each delivery into a cargo tank having a capacity of 2,500
gallons or more but less than 5,000 gallons for FY 07];
(3) $37.50 for each delivery into a cargo tank
having a capacity of 5,000 gallons or more but less than 8,000
gallons for the state fiscal year beginning September 1, 2001,
and the state fiscal year beginning September 1, 2002 [FY 02 and
FY 03]; and $30.00 for each delivery into a cargo tank having a
capacity of 5,000 gallons or more but less than 8,000 gallons for
the state fiscal year beginning September 1, 2003, through the
state fiscal year ending August 31, 2007 [FY 04 and FY 05; $15.00
for each delivery into a cargo tank having a capacity of 5,000
gallons or more but less than 8,000 gallons for FY 06; and $6.00
for each delivery into a cargo tank having a capacity of 5,000
gallons or more but less than 8,000 gallons for FY 07];
(4) $50.00 for each delivery into a cargo tank
having a capacity of 8,000 gallons or more but less than 10,000
gallons for the state fiscal year beginning September 1, 2001,
and the state fiscal year beginning September 1, 2002 [FY 02 and
FY 03]; and $40.00 for each delivery into a cargo tank having a
capacity of 8,000 gallons or more but less than 10,000 gallons
for the state fiscal year beginning September 1, 2003, through
the state fiscal year ending August 31, 2007 [FY 04 and FY 05;
$20.00 for each delivery into a cargo tank having a capacity of
8,000 gallons or more but less than 10,000 gallons for FY 06; and
$8.00 for each delivery into a cargo tank having a capacity of
8,000 gallons or more but less than 10,000 gallons for FY 07]; and
(5) a $25.00 fee for each increment of 5,000 gallons
or any part thereof delivered into a cargo tank having a capacity
of 10,000 gallons or more for the state fiscal year beginning
September 1, 2001, and the state fiscal year beginning September
1, 2002 [FY 02 and FY 03]; and $20.00 for each increment of 5,000
gallons or any part thereof delivered into a cargo tank having a
capacity of 10,000 gallons or more for the state fiscal year
beginning September 1, 2003, through the state fiscal year ending
August 31, 2007 [FY 04 and FY 05; $10.00 for each increment of
5,000 gallons or any part thereof delivered into a cargo tank
having a capacity of 10,000 gallons or more for FY 06; and $4.00
for each increment of 5,000 gallons or any part thereof delivered
into a cargo tank having a capacity of 10,000 gallons or more for
FY 07].
SECTION 5.06. Section 26.361, Water Code, is amended to
read as follows:
Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
Notwithstanding any other provision of this subchapter, the
reimbursement program established under this subchapter expires
September 1, 2008 [2006]. On or after September 1, 2008 [2006],
the commission may not use money from the petroleum storage tank
remediation account to reimburse an eligible owner or operator
for any expenses of corrective action or to pay the claim of a
person who has contracted with an eligible owner or operator to
perform corrective action.
SECTION 5.07. This article takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill that extend a state reimbursement program relating to
petroleum storage tanks.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 6 to the bill to read as follows:
ARTICLE 6. DRUG PURCHASING FOR STATE AGENCIES
SECTION 6.01. Subchapter B, Chapter 531, Government
Code, is amended by adding Section 531.080 to read as follows:
Sec. 531.080. JOINT PURCHASING OF PRESCRIPTION DRUGS AND
OTHER MEDICATIONS. (a) Subject to Subsection (b), the
commission and each health and human services agency authorized
by the executive commissioner may enter into an agreement with
one or more other states for the joint bulk purchasing of
prescription drugs and other medications to be used in the
Medicaid program, the state child health plan, or another program
under the authority of the commission.
(b) An agreement under this section may not be entered
into until:
(1) the commission determines that entering into
the agreement would be feasible and cost-effective; and
(2) if appropriated money would be spent under the
proposed agreement, the governor and the Legislative Budget
Board grant prior approval to expend appropriated money under the
proposed agreement.
(c) If an agreement is entered into, the commission shall
adopt procedures applicable to an agreement and joint purchase
required by this section. The procedures must ensure that this
state receives:
(1) all prescription drugs and other medications
purchased with money provided by this state; and
(2) an equitable share of any price benefits
resulting from the joint bulk purchase.
(d) In determining the feasibility and
cost-effectiveness of entering into an agreement under this
section, the commission shall identify:
(1) the most cost-effective existing joint bulk
purchasing agreement; and
(2) any potential groups of states with which this
state could enter into a new cost-effective joint bulk purchasing
agreement.
SECTION 6.02. Not later than January 15, 2006, the Health
and Human Services Commission shall determine the feasibility
and cost-effectiveness of entering into an agreement under
Section 531.080, Government Code, as added by this article. If
the commission determines that such action is feasible and
cost-effective, the commission shall take action to enter into an
agreement that takes effect March 1, 2006.
SECTION 6.03. If before implementing any provision of
this article a state agency determines that a waiver or
authorization from a federal agency is necessary for
implementation of that provision, the agency affected by the
provision shall request the waiver or authorization and may delay
implementing that provision until the waiver or authorization is
granted.
Explanation: This change is necessary to add provisions
to the bill relating to drug purchasing for state agencies.
(3) Senate Rule 12.03(4) is suspended to permit the committee to add Article 7 to the bill to read as follows:
ARTICLE 7. CONTINUATION OF QUALITY ASSURANCE FEES
SECTION 7.01. Section 252.209, Health and Safety Code,
is repealed.
Explanation: This change is necessary to add provisions
to the bill relating to the continuation of certain quality
assurance fees.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 8 to the bill to read as follows:
ARTICLE 8. TEXAS MOBILITY FUND
SECTION 8.01. Subchapter M, Chapter 201, Transportation
Code, is amended by adding Section 201.9471 to read as follows:
Sec. 201.9471. TEMPORARY DISPOSITION OF MONEY ALLOCATED
TO FUND. (a) Notwithstanding Sections 521.058, 521.313,
521.3466, 521.427, 522.029, 524.051, and 724.046, to the extent
that those sections allocate money to the Texas mobility fund, in
state fiscal year 2006 the comptroller shall deposit that money
to the credit of the general revenue fund instead of to the credit
of the Texas mobility fund.
(b) Notwithstanding Sections 521.313, 521.3466, 521.427,
522.029, 524.051, and 724.046, to the extent that those sections
allocate money to the Texas mobility fund, in state fiscal year
2007 the comptroller shall deposit that money to the credit of
the general revenue fund instead of to the credit of the Texas
mobility fund.
(c) This section expires January 1, 2008.
SECTION 8.02. This article takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill relating to the Texas mobility fund.
(5) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 9 to the bill to read as follows:
ARTICLE 9. TELECOMMUNICATIONS INFRASTRUCTURE FUND
SECTION 9.01. Section 57.048, Utilities Code, is amended
by adding Subsections (f)-(i) to read as follows:
(f) Notwithstanding any other provision of this title, a
certificated telecommunications utility may recover from the
utility's customers an assessment imposed on the utility under
this subchapter after the total amount deposited to the credit of
the fund, excluding interest and loan repayments, is equal to
$1.5 billion, as determined by the comptroller. A certificated
telecommunications utility may recover only the amount of the
assessment imposed after the total amount deposited to the credit
of the fund, excluding interest and loan repayments, is equal to
$1.5 billion, as determined by the comptroller. The utility may
recover the assessment through a monthly billing process.
(g) The comptroller shall publish in the Texas Register
the date on which the total amount deposited to the credit of the
fund, excluding interest and loan repayments, is equal to $1.5
billion.
(h) Not later than February 15 of each year, a
certificated telecommunications utility that wants to recover
the assessment under Subsection (f) shall file with the
commission an affidavit or affirmation stating the amount that
the utility paid to the comptroller under this section during the
previous calendar year and the amount the utility recovered from
its customers in cumulative payments during that year.
(i) The commission shall maintain the confidentiality of
information the commission receives under this section that is
claimed to be confidential for competitive purposes. The
confidential information is exempt from disclosure under Chapter
552, Government Code.
SECTION 9.02. Section 57.0485, Utilities Code, is
amended to read as follows:
Sec. 57.0485. ALLOCATION OF REVENUE [ACCOUNTS].
[(a)] The comptroller shall deposit [50 percent of] the money
collected by the comptroller under Section 57.048 to the credit
of the general revenue fund [public schools account in the fund.
The comptroller shall deposit the remainder of the money
collected by the comptroller under Section 57.048 to the credit
of the qualifying entities account in the fund.
[(b) Interest earned on money in an account shall be
deposited to the credit of that account].
SECTION 9.03. Section 57.051, Utilities Code, is amended
to read as follows:
Sec. 57.051. SUNSET PROVISION. The Telecommunications
Infrastructure Fund [Board] is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, [the board is abolished
and] this subchapter expires September 1, 2011 [2005].
SECTION 9.04. Section 57.043 and Subsections (c) and
(d), Section 57.048, Utilities Code, are repealed.
SECTION 9.05. If, on the day before the effective date of
this article, the assessment prescribed by Section 57.048,
Utilities Code, is imposed at a rate of less than 1.25 percent,
the comptroller shall, on the effective date of this article,
reset the rate of the assessment to 1.25 percent.
SECTION 9.06. This article takes effect July 1, 2005, if
this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for effect on that date, this article takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill relating to the Telecommunications Infrastructure
Fund.
(6) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 10 to the bill to read as follows:
ARTICLE 10. COLLECTION OF CERTAIN COSTS, FEES, AND FINES
IN CRIMINAL CASES
SECTION 10.01. Chapter 103, Code of Criminal Procedure,
is amended by adding Article 103.0033 to read as follows:
Art. 103.0033. COLLECTION IMPROVEMENT PROGRAM. (a) In
this article:
(1) "Office" means the Office of Court
Administration of the Texas Judicial System.
(2) "Program" means the program to improve the
collection of court costs, fees, and fines imposed in criminal
cases, as developed and implemented under this article.
(b) This article applies only to:
(1) a county with a population of 50,000 or greater;
and
(2) a municipality with a population of 100,000 or
greater.
(c) Unless granted a waiver under Subsection (h), each
county and municipality shall develop and implement a program
that complies with the prioritized implementation schedule under
Subsection (h). A county program must include district, county,
and justice courts.
(d) The program must consist of:
(1) a component that conforms with a model developed
by the office and designed to improve in-house collections
through application of best practices; and
(2) a component designed to improve collection of
balances more than 60 days past due, which may be implemented by
entering into a contract with a private attorney or public or
private vendor in accordance with Article 103.0031.
(e) Not later than June 1 of each year, the office shall
identify those counties and municipalities that:
(1) have not implemented a program; and
(2) are able to implement a program before April 1
of the following year.
(f) The comptroller, in cooperation with the office,
shall develop a methodology for determining the collection rate
of counties and municipalities described by Subsection (e)
before implementation of a program. The comptroller shall
determine the rate for each county and municipality not later
than the first anniversary of the county's or municipality's
adoption of a program.
(g) The office shall:
(1) make available on the office's Internet website
requirements for a program; and
(2) assist counties and municipalities in
implementing a program by providing training and consultation,
except that the office may not provide employees for
implementation of a program.
(h) The office, in consultation with the comptroller,
may:
(1) use case dispositions, population, revenue
data, or other appropriate measures to develop a prioritized
implementation schedule for programs; and
(2) determine whether it is not cost-effective to
implement a program in a county or municipality and grant a
waiver to the county or municipality.
(i) Each county and municipality shall at least annually
submit to the office and the comptroller a written report that
includes updated information regarding the program, as
determined by the office in cooperation with the comptroller.
The report must be in a form approved by the office in cooperation
with the comptroller.
(j) The comptroller shall periodically audit counties
and municipalities to verify information reported under
Subsection (i) and confirm that the county or municipality is
conforming with requirements relating to the program. The
comptroller shall consult with the office in determining how
frequently to conduct audits under this section.
SECTION 10.02. Section 133.058, Local Government Code,
is amended by adding Subsection (e) to read as follows:
(e) A municipality or county may not retain a service fee
if, during an audit under Section 133.059 of this code or Article
103.0033(j), Code of Criminal Procedure, the comptroller
determines that the municipality or county is not in compliance
with Article 103.0033, Code of Criminal Procedure. The
municipality or county may continue to retain a service fee under
this section on receipt of a written confirmation from the
comptroller that the municipality or county is in compliance with
Article 103.0033, Code of Criminal Procedure.
SECTION 10.03. Section 133.103, Local Government Code,
is amended by amending Subsections (b) and (c) and adding
Subsection (c-1) to read as follows:
(b) Except as provided by Subsection (c-1), the [The]
treasurer shall send 50 percent of the fees collected under this
section to the comptroller. The comptroller shall deposit the
fees received to the credit of the general revenue fund.
(c) Except as provided by Subsection (c-1), the [The]
treasurer shall deposit 10 percent of the fees collected under
this section in the general fund of the county or municipality
for the purpose of improving the efficiency of the administration
of justice in the county or municipality. The county or
municipality shall prioritize the needs of the judicial officer
who collected the fees when making expenditures under this
subsection and use the money deposited to provide for those
needs.
(c-1) The treasurer shall send 100 percent of the fees
collected under this section to the comptroller if, during an
audit under Section 133.059 of this code or Article 103.0033(j),
Code of Criminal Procedure, the comptroller determines that the
municipality or county is not in compliance with Article
103.0033, Code of Criminal Procedure. The municipality or county
shall continue to dispose of fees as otherwise provided by this
section on receipt of a written confirmation from the comptroller
that the municipality or county is in compliance with Article
103.0033, Code of Criminal Procedure.
SECTION 10.04. (a) Notwithstanding Subsection (e),
Article 103.0033, Code of Criminal Procedure, as added by this
article, not later than September 1, 2005, the Office of Court
Administration of the Texas Judicial System shall identify those
counties and municipalities that are able to implement a
collection improvement program under Article 103.0033, Code of
Criminal Procedure, as added by this article, before April 1,
2006. Beginning June 1, 2006, the Office of Court Administration
of the Texas Judicial System shall comply with Subsection (e),
Article 103.0033, Code of Criminal Procedure, as added by this
article.
(b) Not later than September 1, 2005, the Office of Court
Administration of the Texas Judicial System shall make available
on the office's Internet website requirements for a program under
Article 103.0033, Code of Criminal Procedure, as added by this
article, in accordance with Subsection (g) of Article 103.0033.
Explanation: This change is necessary to add provisions
to the bill relating to the collection of certain costs, fees,
and fines in criminal cases.
(7) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 11 to the bill to read as follows:
ARTICLE 11. INTEREST ON CERTAIN TAX REFUNDS
SECTION 11.01. Section 111.064, Tax Code, is amended by
amending Subsections (a), (c), and (f) and adding Subsection
(c-1) to read as follows:
(a) Except as otherwise provided by this section, for a
refund under this chapter [Subsections (b) and (c), in a
comptroller's final decision on a claim for refund or in an
audit], interest is at the rate that is the lesser of the annual
rate of interest earned on deposits in the state treasury during
December of the previous calendar year, as determined by the
comptroller, or the rate set in Section 111.060, and accrues on
the amount found to be erroneously paid for a period:
(1) beginning on the later of 60 days after the date
of payment or the due date of the tax report; and
(2) ending on, as determined by the comptroller,
either the date of allowance of credit on account of the
comptroller's final decision or audit or a date not more than 10
days before the date of the refund warrant.
(c) For a refund claimed before September 1, 2005, and
granted for a report period due on or after January 1, 2000, the
rate of interest is the rate set in Section 111.060 [granted for a
report period due on or after January 1, 2000, the rate of
interest is the rate set in Section 111.060].
(c-1) A refund, without regard to the date claimed, for a
report period due before January 1, 2000, does not accrue
interest.
(f) A local revenue fund is not subject to Subsections
(a)-(c-1) [(a)-(c)]. In this subsection, "local revenue fund"
includes a court cost, a fee, a fine, or a similar charge
collected by a municipality, a county, or a court of this state
and remitted to the comptroller.
SECTION 11.02. This article takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill relating to interest on certain tax refunds.
(8) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 12 to the bill to read as follows:
ARTICLE 12. PUBLIC SCHOOL FACILITIES
SECTION 12.01. Section 46.033, Education Code, is
amended to read as follows:
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds
issued under Section 45.006, are eligible to be paid with state
and local funds under this subchapter if:
(1) the district made payments on the bonds during
the 2004-2005 [2002-2003] school year or taxes levied to pay the
principal of and interest on the bonds were included in the
district's audited debt service collections for that school
year; and
(2) the district does not receive state assistance
under Subchapter A for payment of the principal and interest on
the bonds.
SECTION 12.02. Subsection (c), Section 46.034, Education
Code, is amended to read as follows:
(c) If the amount required to pay the principal of and
interest on eligible bonds in a school year is less than the
amount of payments made by the district on the bonds during the
2004-2005 [2002-2003] school year or the district's audited debt
service collections for that school year, the district may not
receive aid in excess of the amount that, when added to the
district's local revenue for the school year, equals the amount
required to pay the principal of and interest on the bonds.
Explanation: This change is necessary to add provisions
to the bill relating to public school facilities.
(9) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 13 to the bill to read as follows:
ARTICLE 13. COMPENSATION FOR CERTAIN STATE EMPLOYEES WHO RETURN
TO STATE EMPLOYMENT
SECTION 13.01. Section 659.042, Government Code, is
amended to read as follows:
Sec. 659.042. EXCLUSIONS. The following are not
entitled to longevity pay under this subchapter:
(1) a member of the legislature;
(2) an individual who holds a statewide office that
is normally filled by vote of the people;
(3) an independent contractor or an employee of an
independent contractor;
(4) a temporary employee;
(5) an officer or employee of a public junior
college; [or]
(6) an academic employee of a state institution of
higher education; or
(7) a state employee who retired from state
employment on or after June 1, 2005, and who receives an annuity
based wholly or partly on service as a state officer or state
employee in a public retirement system, as defined by Section
802.001, that was credited to the state employee.
SECTION 13.02. Subsection (a), Section 659.043,
Government Code, is amended to read as follows:
(a) A state employee is entitled to longevity pay to be
included in the employee's monthly compensation if the employee:
(1) is a full-time state employee on the first
workday of the month;
(2) is not on leave without pay on the first workday
of the month; and
(3) has accrued at least two [three] years of
lifetime service credit not later than the last day of the
preceding month.
SECTION 13.03. Section 659.044, Government Code, as
amended by Section 32, Chapter 1158, Acts of the 77th
Legislature, Regular Session, 2001, and Section 104, Chapter
1158, Acts of the 77th Legislature, Regular Session, 2001, is
reenacted and amended to read as follows:
Sec. 659.044. AMOUNT. (a) Except as provided by
Subsections [Subsection] (e) and (f), the monthly amount of
longevity pay is $20 for every two [three] years of lifetime
service credit.
(b) The amount increases when the 4th, 6th, 8th [9th],
10th, 12th, 14th [15th], 16th, 18th, 20th [21st], 22nd, 24th,
26th [27th], 28th, 30th, 32nd [33rd], 34th, 36th, 38th [39th],
40th, and 42nd years of lifetime service credit are accrued.
(c) An increase is effective beginning with the month
following the month in which the 4th, 6th, 8th [9th], 10th, 12th,
14th [15th], 16th, 18th, 20th [21st], 22nd, 24th, 26th [27th],
28th, 30th, 32nd [33rd], 34th, 36th, 38th [39th], 40th, and 42nd
years of lifetime service credit are accrued.
(d) An employee may not receive from the state as
longevity pay more than the amount determined under Subsection
(a) or (e), as applicable, regardless of the number of positions
the employee holds or the number of hours the employee works each
week.
(e) This subsection applies only to an employee of the
Texas Youth Commission who is receiving less than the maximum
amount of hazardous duty pay that the commission may pay to the
employee under Section 659.303. The employee's monthly amount of
longevity pay is the sum of:
(1) $4 for each year of lifetime service credit,
which may not include any period served in a hazardous duty
position; and
(2) the lesser of:
(A) $4 for each year served in a hazardous duty
position; or
(B) the difference between:
(i) $7 for each year served in a
hazardous duty position; and
(ii) the amount paid by the commission
for each year served in a hazardous duty position.
(f) A state employee who retired from state employment
before June 1, 2005, and who returned to state employment before
September 1, 2005, is entitled to receive longevity pay. The
monthly amount of longevity pay the employee is entitled to
receive equals the amount of longevity pay the employee was
entitled to receive immediately before September 1, 2005. A
state employee who retired from state employment before June 1,
2005, and who returns to state employment on or after September
1, 2005, is not entitled to receive longevity pay.
SECTION 13.04. Section 659.126, Government Code, is
amended to read as follows:
Sec. 659.126. LOSS OF ELIGIBILITY TO RECEIVE BENEFIT
REPLACEMENT PAY. (a) An eligible state employee who leaves
state employment after August 31, 1995, for at least 30
consecutive days [12 consecutive months], on returning to state
employment or on assuming a state office, is ineligible to
receive benefit replacement pay.
(b) An eligible state-paid judge who leaves office after
August 31, 1995, for at least 30 consecutive days [12 consecutive
months], on return to state office or on accepting a state
employment, is ineligible to receive benefit replacement pay.
(c) For purposes of Subsection (a), a state employee is
not considered to have left state employment:
(1) while the state employee is on an unpaid leave
of absence as provided by Section 661.909; or
(2) during a period of time the employee is not
working for the state because the employee's employment with the
state customarily does not include that period of time, such as a
teacher whose employment does not invariably include the summer
months.
(d) An eligible state employee who retired from state
employment on or after June 1, 2005, and who receives an annuity
based wholly or partly on service as a state officer or state
employee in a public retirement system, as defined by Section
802.001, that was credited to the state employee is ineligible to
receive benefit replacement pay.
SECTION 13.05. Section 661.152, Government Code, is
amended by adding Subsection (l) to read as follows:
(l) For purposes of computing vacation leave under
Subsection (d) for a state employee who retired from state
employment on or after June 1, 2005, and who receives an annuity
based wholly or partly on service as a state officer or state
employee in a public retirement system, as defined by Section
802.001, that was credited to the state employee, years of total
state employment includes only the length of state employment
after the date the state employee retired.
SECTION 13.06. Subsections (a), (b), (c), and (g),
Section 659.305, Government Code, are amended to read as follows:
(a) Except as provided by Subsection (b), the amount of a
full-time state employee's hazardous duty pay for a particular
month is the lesser of:
(1) $10 [$7] for each 12-month period of lifetime
service credit accrued by the employee; or
(2) $300 [$210].
(b) This subsection applies only to a state employee
whose compensation for services provided to the state during any
month before August 1987 included hazardous duty pay that was
based on total state service performed before May 29, 1987. The
amount of a full-time state employee's hazardous duty pay for a
particular month is the sum of:
(1) $10 [$7] for each 12-month period of state
service credit the employee finished accruing before May 29,
1987; and
(2) $10 [$7] for each 12-month period of lifetime
service credit that the employee accrued after the date, which
must be before May 29, 1987, on which the employee finished
accruing the last 12-month period of state service credit.
(c) The amount determined under Subsection (b)(2) may not
exceed $300 [$210].
(g) A state employee may not receive more than $10 [$7]
for each 12-month period of lifetime service credit, regardless
of:
(1) the number of positions the employee holds; or
(2) the number of hours the employee works each
week.
SECTION 13.07. (a) Except as provided by Subsection (b)
of this section, the change in law made by this article to Section
659.126, Government Code, applies only to a state employee who
leaves state employment on or after the effective date of this
article. A state employee who leaves state employment before the
effective date of this article is governed by the law as it
existed on the date the employee left state employment and the
former law is continued in effect for that purpose.
(b) A state employee who leaves state employment before
the effective date of this article is ineligible to receive
benefit replacement pay unless the employee returns to state
employment before September 30, 2005.
SECTION 13.08. This article takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill relating to compensation for certain state employees
who return to state employment.
(10) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 14 to the bill to read as follows:
ARTICLE 14. SYSTEM BENEFIT FUND
SECTION 14.01. Subsection (h), Section 39.903, Utilities
Code, is amended to read as follows:
(h) The commission shall adopt rules for a retail
electric provider to determine a reduced rate for eligible
customers to be discounted off the standard retail service
package as approved by the commission under Section 39.106, or
the price to beat established by Section 39.202, whichever is
lower. Municipally owned utilities and electric cooperatives
shall establish a reduced rate for eligible customers to be
discounted off the standard retail service package established
under Section 40.053 or 41.053, as appropriate. The reduced rate
for a retail electric provider shall result in a total charge
that is at least 10 percent and, if sufficient money in the system
benefit fund is available, up to 20 percent, lower than the
amount the customer would otherwise be charged. To the extent
the system benefit fund is insufficient to fund the initial 10
percent rate reduction, the commission may increase the fee to an
amount not more than 65 cents per megawatt hour, as provided by
Subsection (b). If the fee is set at 65 cents per megawatt hour
or if the commission determines that appropriations are
insufficient to fund the 10 percent rate reduction, the
commission may reduce the rate reduction to less than 10 percent.
For a municipally owned utility or electric cooperative, the
reduced rate shall be equal to an amount that can be fully funded
by that portion of the nonbypassable fee proceeds paid by the
municipally owned utility or electric cooperative that is
allocated to the utility or cooperative by the commission under
Subsection (e) for programs for low-income customers of the
utility or cooperative. The reduced rate for municipally owned
utilities and electric cooperatives under this section is in
addition to any rate reduction that may result from local
programs for low-income customers of the municipally owned
utilities or electric cooperatives.
Explanation: This change is necessary to add provisions
to the bill relating to the system benefit fund.
(11) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 15 to the bill to read as follows:
ARTICLE 15. FUNDING OF THE COASTAL PROTECTION FUND AND THE USE OF
MONEY IN THE FUND
SECTION 15.01. Section 40.152, Natural Resources Code,
is amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a)(9) and the other
provisions of this subchapter, the legislature may appropriate
to the General Land Office for implementation of the coastal
management program under Subchapter F, Chapter 33, and for
erosion response projects under Subchapter H, Chapter 33, money
from the fund in an amount that exceeds the amount of interest
accruing to the fund annually. This subsection expires September
1, 2007.
SECTION 15.02. Subsections (a) through (d), Section
40.155, Natural Resources Code, are amended to read as follows:
(a) Except as otherwise provided in this section, the
rate of the fee shall be 1-1/3 cents [two cents] per barrel of
crude oil until the commissioner certifies that the unencumbered
balance in the fund has reached $20 [$25] million. The
commissioner shall certify to the comptroller the date on which
the unencumbered balance in the fund exceeds $20 [$25] million.
The fee shall not be collected or required to be paid on or after
the first day of the second month following the commissioner's
certification to the comptroller that the unencumbered balance
in the fund exceeds $20 [$25] million.
(b) If the unencumbered balance in the fund falls below
$10 [$14] million, the commissioner shall certify such fact to
the comptroller. On receiving the commissioner's certification,
the comptroller shall resume collecting the fee until suspended
in the manner provided in Subsection (a) of this section.
(c) Notwithstanding the provisions of Subsection (a) or
(b) of this section, the fee shall be levied at the rate of four
cents per barrel if the commissioner certifies to the comptroller
a written finding of the following facts:
(1) the unencumbered balance in the fund is less
than $20 [$25] million;
(2) an unauthorized discharge of oil in excess of
100,000 gallons has occurred within the previous 30 days; and
(3) expenditures from the fund for response costs
and damages are expected to deplete the fund substantially.
(d) In the event of a certification to the comptroller
under Subsection (c) of this section, the comptroller shall
collect the fee at the rate of four cents per barrel until the
unencumbered balance in the fund reaches $20 [$25] million or any
lesser amount that the commissioner determines is necessary to
pay response costs and damages without substantially depleting
the fund. The commissioner shall certify to the comptroller the
date on which the unencumbered balance in the fund exceeds $20
[$25] million or such other lesser amount. The fee shall not be
collected or required to be paid on or after the first day of the
second month following the commissioner's certification to the
comptroller.
Explanation: This change is necessary to add provisions
to the bill relating to the funding of the coastal protection
fund and the use of money in the fund.
(12) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 16 to the bill to read as follows:
ARTICLE 16. REIMBURSEMENT OF EXCESSIVE OR
UNFAIRLY DISCRIMINATORY RATES CHARGED BY CERTAIN INSURERS
SECTION 16.01. Article 5.144, Insurance Code, is amended
by amending Subsection (b) and adding Subsections (b-1) and (b-2)
to read as follows:
(b) Except as provided by Subsection (d) of this article,
if the commissioner determines that an insurer has charged a rate
for personal automobile insurance or residential property
insurance that is excessive or unfairly discriminatory, as
described by Article 5.13-2 [or 5.101] of this code, the
commissioner may order the insurer to:
(1) issue a refund of the excessive or unfairly
discriminatory portion of the premium, plus interest on that
amount, directly to each affected policyholder if the amount of
that portion of the premium is at least 7.5 percent of the total
premium charged for the coverage; or
(2) if the amount of that portion of the premium is
less than 7.5 percent:
(A) provide each affected policyholder who
renews the policy a future premium discount in the amount of the
excessive or unfairly discriminatory portion of the premium,
plus interest on that amount; and
(B) provide each affected policyholder who
does not renew or whose coverage is otherwise terminated a refund
in the amount described by Subdivision (1) of this subsection.
(b-1) The rate for interest assessed under Subsection (b)
of this article is the prime rate for the calendar year in which
the order is issued plus six percent. For purposes of this
subsection, the prime rate is the prime rate as published in The
Wall Street Journal for the first day of the calendar year that is
not a Saturday, Sunday, or legal holiday. The interest accrues
beginning on the date on which the department first provides the
insurer with formal written notice that the insurer's filed rate
is excessive or unfairly discriminatory, as determined by the
commissioner, and continues to accrue until the refund is paid.
An insurer may not be required to pay any interest penalty or
refund if the insurer prevails in a final appeal of the
commissioner's order under Subchapter D, Chapter 36, of this
code.
(b-2) An insurer may not claim a premium tax credit to
which the insurer is otherwise entitled unless the insurer has
complied with this article.
Explanation: This change is necessary to add provisions
to the bill relating to reimbursement of excessive or unfairly
discriminatory rates charged by insurers.
(13) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 17 to the bill to read as follows:
ARTICLE 17. CERTAIN PROVISIONS RELATING TO RETIREMENT SYSTEM
CONTRIBUTIONS AND BENEFITS FOR RETIRED SCHOOL EMPLOYEES
SECTION 17.01. Subsection (a), Section 825.404,
Government Code, is amended to read as follows:
(a) During each fiscal year, the state shall contribute
to the retirement system an amount equal to at least six and not
more than 10 [eight] percent of the aggregate annual compensation
of all members of the retirement system during that fiscal year.
SECTION 17.02. Subsection (a), Section 1575.203,
Insurance Code, is amended to read as follows:
(a) Each state fiscal year, each active employee shall,
as a condition of employment, contribute to the fund an amount
equal to 0.65 [0.5] percent of the employee's salary.
SECTION 17.03. The change in law made by this article to
Section 1575.203, Insurance Code, takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill relating to certain benefits for retired school
employees.
(14) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 18 to the bill to read as follows:
ARTICLE 18. COMPENSATION SUPPLEMENTATION FOR CERTAIN SCHOOL
EMPLOYEES
SECTION 18.01. Subsections (a), (b), (c), (i), and (j),
Section 22.004, Education Code, are amended to read as follows:
(a) A district shall participate in the uniform group
coverage program established under Chapter 1579 [Article
3.50-7], Insurance Code, as provided by Subchapter D [Section 5]
of that chapter [article].
(b) A district that does not participate in the program
described by Subsection (a) shall make available to its employees
group health coverage provided by a risk pool established by one
or more school districts under Chapter 172, Local Government
Code, or under a policy of insurance or group contract issued by
an insurer, a company subject to Chapter 842, Insurance Code, or
a health maintenance organization under Chapter 843, Insurance
Code. The coverage must meet the substantive coverage
requirements of Chapter 1251, Subchapter A, Chapter 1364, and
Subchapter A, Chapter 1366 [Article 3.51-6], Insurance Code, and
any other law applicable to group health insurance policies or
contracts issued in this state. The coverage must include major
medical treatment but may exclude experimental procedures. In
this subsection, "major medical treatment" means a medical,
surgical, or diagnostic procedure for illness or injury. The
coverage may include managed care or preventive care and must be
comparable to the basic health coverage provided under Chapter
1551, Insurance Code. The board of trustees of the Teacher
Retirement System of Texas shall adopt rules to determine whether
a school district's group health coverage is comparable to the
basic health coverage specified by this subsection. The rules
must provide for consideration of the following factors
concerning the district's coverage in determining whether the
district's coverage is comparable to the basic health coverage
specified by this subsection:
(1) the deductible amount for service provided
inside and outside of the network;
(2) the coinsurance percentages for service
provided inside and outside of the network;
(3) the maximum amount of coinsurance payments a
covered person is required to pay;
(4) the amount of the copayment for an office visit;
(5) the schedule of benefits and the scope of
coverage;
(6) the lifetime maximum benefit amount; and
(7) verification that the coverage is issued by a
provider licensed to do business in this state by the Texas
Department of Insurance or is provided by a risk pool authorized
under Chapter 172, Local Government Code, or that a district is
capable of covering the assumed liabilities in the case of
coverage provided through district self-insurance.
(c) The cost of the coverage provided under the program
described by Subsection (a) shall be paid by the state, the
district, and the employees in the manner provided by Subchapter
F, Chapter 1579 [Article 3.50-7], Insurance Code. The cost of
coverage provided under a plan adopted under Subsection (b) shall
be shared by the employees and the district using the
contributions by the state described by Subchapter F, Chapter
1579 [Section 9, Article 3.50-7], Insurance Code, or Subchapter D
[by Article 3.50-8, Insurance Code].
(i) Notwithstanding any other provision of this section,
a district participating in the uniform group coverage program
established under Chapter 1579 [Article 3.50-7], Insurance Code,
may not make group health coverage available to its employees
under this section after the date on which the program of
coverages provided under Chapter 1579 [Article 3.50-7],
Insurance Code, is implemented.
(j) This section does not preclude a district that is
participating in the uniform group coverage program established
under Chapter 1579 [Article 3.50-7], Insurance Code, from
entering into contracts to provide optional insurance coverages
for the employees of the district.
SECTION 18.02. Chapter 22, Education Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. COMPENSATION SUPPLEMENTATION
Sec. 22.101. DEFINITIONS. In this subchapter:
(1) "Cafeteria plan" means a plan as defined and
authorized by Section 125, Internal Revenue Code of 1986.
(2) "Employee" means an active, contributing member
of the Teacher Retirement System of Texas who:
(A) is employed by a district, other
educational district whose employees are members of the Teacher
Retirement System of Texas, participating charter school, or
regional education service center;
(B) is not a retiree eligible for coverage
under the program established under Chapter 1575, Insurance
Code;
(C) is not eligible for coverage by a group
insurance program under Chapter 1551 or 1601, Insurance Code; and
(D) is not an individual performing personal
services for a district, other educational district that is a
member of the Teacher Retirement System of Texas, participating
charter school, or regional education service center as an
independent contractor.
(3) "Participating charter school" means an
open-enrollment charter school established under Subchapter D,
Chapter 12, that participates in the program established under
Chapter 1579, Insurance Code.
(4) "Regional education service center" means a
regional education service center established under Chapter 8.
Sec. 22.102. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY.
(a) The agency may adopt rules to implement this subchapter.
(b) The agency may enter into interagency contracts with
any other agency of this state for the purpose of assistance in
implementing this subchapter.
Sec. 22.103. ELIGIBILITY; WAITING PERIOD. A person is
not eligible for a monthly distribution under this subchapter
before the 91st day after the first day the person becomes an
employee.
Sec. 22.104. DISTRIBUTION BY AGENCY. Subject to the
availability of funds, each month the agency shall deliver to
each district, including a district that is ineligible for state
aid under Chapter 42, each other educational district that is a
member of the Teacher Retirement System of Texas, each
participating charter school, and each regional education
service center state funds in an amount, as determined by the
agency, equal to the product of the number of eligible employees
employed by the district, school, or service center multiplied by
the amount specified in the General Appropriations Act for
purposes of this subchapter and divided by 12. The agency shall
distribute funding to only one entity for employees who are
employed by more than one entity listed in this section.
Sec. 22.105. FUNDS HELD IN TRUST. All funds received by
a district, other educational district, participating charter
school, or regional education service center under this
subchapter are held in trust for the benefit of the employees on
whose behalf the district, school, or service center received the
funds.
Sec. 22.106. RECOVERY OF DISTRIBUTIONS. The agency is
entitled to recover from a district, other educational district,
participating charter school, or regional education service
center any amount distributed under this subchapter to which the
district, school, or service center was not entitled.
Sec. 22.107. DETERMINATION BY AGENCY FINAL. A
determination by the agency under this subchapter is final and
may not be appealed.
Sec. 22.108. DISTRIBUTION BY SCHOOL. Each month, each
district, other educational district that is a member of the
Teacher Retirement System of Texas, participating charter
school, and regional education service center must distribute to
its eligible employees the funding received under this
subchapter. To receive the monthly distribution, an individual
must meet the definition of an employee under Section 22.101 for
that month.
Sec. 22.109. USE OF SUPPLEMENTAL COMPENSATION. An
employee may use a monthly distribution received under this
subchapter for any employee benefit, including depositing the
amount of the distribution into a cafeteria plan, if the employee
is enrolled in a cafeteria plan, or using the amount of the
distribution for health care premiums through a premium
conversion plan. The employee may take the amount of the
distribution as supplemental compensation.
Sec. 22.110. SUPPLEMENTAL COMPENSATION. An amount
distributed to an employee under this subchapter must be in
addition to the rate of compensation that:
(1) the district, other educational district,
participating charter school, or regional education service
center paid the employee in the preceding school year; or
(2) the district, school, or service center would
have paid the employee in the preceding school year if the
employee had been employed by the district, school, or service
center in the same capacity in the preceding school year.
SECTION 18.03. Subsection (c), Section 822.201,
Government Code, is amended to read as follows:
(c) Excluded from salary and wages are:
(1) expense payments;
(2) allowances;
(3) payments for unused vacation or sick leave;
(4) maintenance or other nonmonetary compensation;
(5) fringe benefits;
(6) deferred compensation other than as provided by
Subsection (b)(3);
(7) compensation that is not made pursuant to a
valid employment agreement;
(8) payments received by an employee in a school
year that exceed $5,000 for teaching a driver education and
traffic safety course that is conducted outside regular
classroom hours;
(9) the benefit replacement pay a person earns as a
result of a payment made under Subchapter B or C, Chapter 661;
(10) any amount [contributions to a health
reimbursement arrangement account] received by an employee under
Subchapter D, Chapter 22, Education Code, former Article 3.50-8,
Insurance Code, former Chapter 1580, Insurance Code, or Rider 9,
page III-39, Chapter 1330, Acts of the 78th Legislature, Regular
Session, 2003 (the General Appropriations Act); and
(11) any compensation not described by Subsection
(b).
SECTION 18.04. Subsection (b), Section 1579.253,
Insurance Code, is amended to read as follows:
(b) The employee may pay the employee's contribution
under this subsection from the amount distributed to the employee
under Subchapter D, Chapter 22, Education Code [1580].
SECTION 18.05. Section 1581.702, Insurance Code, is
amended to read as follows:
Sec. 1581.702. ADDITIONAL SUPPORT. The state shall
provide additional support for a school district to which this
section applies in an amount computed by multiplying the total
amount of supplemental compensation received by district
employees under Subchapter D, Chapter 22, Education Code, [1580]
by 0.062.
SECTION 18.06. The following laws are repealed:
(1) Chapter 1580, Insurance Code;
(2) Section 57, Chapter 201, Acts of the 78th
Legislature, Regular Session, 2003;
(3) Chapter 313, Acts of the 78th Legislature,
Regular Session, 2003; and
(4) Section 1.01, Chapter 366, Acts of the 78th
Legislature, Regular Session, 2003.
SECTION 18.07. The functions and duties of the Teacher
Retirement System of Texas with respect to the compensation
supplementation program established under Chapter 1580,
Insurance Code, and other applicable law, and any appropriation
relating to that program are transferred to the Texas Education
Agency. A reference in law to the Teacher Retirement System of
Texas with respect to the compensation supplementation program
means the Texas Education Agency.
SECTION 18.08. This article takes effect September 1,
2005.
Explanation: This change is necessary to add provisions
to the bill relating to compensation supplementation for certain
school employees.
(15) Senate Rule 12.03(4) is suspended to permit the
committee to add Article 19 to the bill to read as follows:
ARTICLE 19. RETIREMENT SYSTEM CONTRIBUTIONS FOR CERTAIN MEMBERS
OF THE TEACHER RETIREMENT SYSTEM OF TEXAS
SECTION 19.01. Subchapter E, Chapter 825, Government
Code, is amended by adding Section 825.4041 to read as follows:
Sec. 825.4041. EMPLOYER PAYMENTS. (a) For purposes of
this section, a new member is a person first employed on or after
September 1, 2005, including a former member who withdrew
retirement contributions under Section 822.003 and is reemployed
on or after September 1, 2005.
(b) During each fiscal year, an employer shall pay an
amount equal to the state contribution rate, as established by
the General Appropriations Act for the fiscal year, applied to
the aggregate compensation of new members of the retirement
system, as described by Subsection (a), during their first 90
days of employment.
(c) On a monthly basis an employer shall:
(1) report to the retirement system, in a form
prescribed by the system, a certification of the total amount of
salary paid during the first 90 days of employment of a new member
and the total amount of employer payments due under this section
for the payroll periods; and
(2) retain information, as determined by the
retirement system, sufficient to allow administration of this
section, including information for each employee showing the
applicable salary as well as aggregate compensation for the first
90 days of employment for new employees.
(d) A person who was hired before September 1, 2005, and
was subject to a 90-day waiting period for membership in the
retirement system becomes eligible to participate in the
retirement system as a member starting September 1, 2005. For
the purpose of this section, the member shall be treated as a new
member for the remainder of the waiting period.
(e) The employer must remit the amount required under
this section to the retirement system at the same time the
employer remits the member's contribution. In computing the
amount required to be remitted, the employer shall include
compensation paid to an employee for the entire pay period that
contains the 90th calendar day of new employment.
(f) At the end of each school year, the retirement system
shall certify to the commissioner of education and to the state
auditor:
(1) the name of each employer that has failed to
remit, within the period required by Section 825.408, all
payments required under this section for the school year; and
(2) the amounts of the unpaid required payments.
(g) If the commissioner of education or the state auditor
receives a certification under Subsection (f), the commissioner
or the state auditor shall direct the comptroller to withhold the
amount certified, plus interest computed at the rate and in the
manner provided by Section 825.408, from the first state money
payable to the employer. The amount withheld shall be deposited
to the credit of the appropriate accounts of the retirement
system.
(h) The board of trustees shall take this section into
consideration in adopting the biennial estimate of the amount
necessary to pay the state's contributions to the retirement
system.
SECTION 19.02. This article takes effect September 1, 2005.
Explanation: This change is necessary to add provisions
to the bill relating to retirement system contributions for
certain members of the Teacher Retirement System of Texas.
(16) Senate Rule 12.03(2) is suspended to permit the
committee to omit the following provisions from the bill that are
not in disagreement:
ARTICLE __. COLLECTION OF MOTOR FUELS TAXES
SECTION __.01. Subdivisions (20) and (43), Section
162.001, Tax Code, are amended to read as follows:
(20) "Distributor" means a person who acquires
motor fuel from a licensed supplier, permissive supplier, or
another licensed distributor and who makes sales at wholesale and
whose activities may also include sales at retail. The term
includes a person engaged in the tax-free sale of dyed diesel
fuel to marine vessels.
(43) "Motor fuel transporter" means a person who
transports gasoline, diesel fuel, or gasoline blended fuel for
hire outside the bulk transfer/terminal system by means of a
transport vehicle, a railroad tank car, or a marine vessel.
SECTION __.02. Subsection (b), Section 162.004, Tax
Code, is amended to read as follows:
(b) The shipping document issued by the terminal operator
or operator of a bulk plant shall contain the following
information and any other information required by the
comptroller:
(1) the terminal control number of the terminal or
physical address of the bulk plant from which the motor fuel was
received;
(2) the name [and license number] of the purchaser;
(3) the date the motor fuel was loaded;
(4) the net gallons loaded, or the gross gallons
loaded if the fuel was purchased from a bulk plant;
(5) the destination state of the motor fuel, as
represented by the purchaser of the motor fuel or the purchaser's
agent; and
(6) a description of the product being transported.
SECTION __.03. Subsection (a), Section 162.016, Tax
Code, is amended to read as follows:
(a) A person may not import motor fuel to a destination in
this state or export motor fuel to a destination outside this
state by any means unless the person possesses a shipping
document for that fuel created by the terminal or bulk plant at
which the fuel was received. The shipping document must include:
(1) the name and physical address of the terminal or
bulk plant from which the motor fuel was received for import or
export;
(2) the name [and federal employer identification
number, or the social security number if the employer
identification number is not available,] of the carrier
transporting the motor fuel;
(3) the date the motor fuel was loaded;
(4) the type of motor fuel;
(5) the number of gallons:
(A) in temperature-adjusted gallons if
purchased from a terminal for export or import; or
(B) in temperature-adjusted gallons or in
gross gallons if purchased from a bulk plant;
(6) the destination of the motor fuel as represented
by the purchaser of the motor fuel and the number of gallons of
the fuel to be delivered, if delivery is to only one state;
(7) the name[, federal employer identification
number, license number, and physical address] of the purchaser of
the motor fuel;
(8) the name of the person responsible for paying
the tax imposed by this chapter, as given to the terminal by the
purchaser if different from the licensed supplier or
distributor; and
(9) any other information that, in the opinion of
the comptroller, is necessary for the proper administration of
this chapter.
SECTION __.04. Subsection (d), Section 162.113, Tax
Code, is amended to read as follows:
(d) The supplier or permissive supplier shall [has the
right], after notifying the comptroller of the licensed
distributor's or licensed importer's failure to remit taxes under
this section, [to] terminate the ability of the licensed
distributor or licensed importer to defer the payment of gasoline
tax. The supplier or permissive supplier shall reinstate without
delay the right of the licensed distributor or licensed importer
to defer the payment of gasoline tax after the comptroller
provides to the supplier or permissive supplier notice that the
licensed distributor or licensed importer is in good standing
with the comptroller for the purposes of the gasoline tax imposed
under this subchapter.
SECTION __.05. Section 162.115, Tax Code, is amended by
adding Subsection (m-1) to read as follows:
(m-1) In addition to the records specifically required by
this section, a license holder shall keep any other record
required by the comptroller.
SECTION __.06. Subsections (a) and (d), Section 162.116,
Tax Code, are amended to read as follows:
(a) The monthly return and supplements of each supplier
and permissive supplier shall contain for the period covered by
the return:
(1) [the number of net gallons of gasoline received
by the supplier or permissive supplier during the month, sorted
by product code, seller, point of origin, destination state,
carrier, and receipt date;
[(2)] the number of net gallons of gasoline removed
at a terminal rack during the month from the account of the
supplier, sorted by product code, person receiving the gasoline,
terminal code, and carrier;
(2) [(3)] the number of net gallons of gasoline
removed during the month for export, sorted by product code,
person receiving the gasoline, terminal code, destination state,
and carrier;
(3) [(4)] the number of net gallons of gasoline
removed during the month from a terminal located in another state
for conveyance to this state, as indicated on the shipping
document for the gasoline, sorted by product code, person
receiving the gasoline, terminal code, and carrier;
(4) [(5)] the number of net gallons of gasoline the
supplier or permissive supplier sold during the month in
transactions exempt under Section 162.104, sorted by [product
code, carrier,] purchaser[, and terminal code;
[(6) the number of net gallons of gasoline sold in
the bulk transfer/terminal system in this state to any person not
holding a supplier's or permissive supplier's license]; and
(5) [(7)] any other information required by the
comptroller.
(d) For purposes of Subsection (c), all payments or
credits in reduction of a customer's account must be applied
ratably between motor fuels and other goods sold to the customer,
and the credit allowed will be the tax on the number of gallons
represented by the motor fuel portion of the credit. The
comptroller may not require a supplier or permissive supplier to
remit from a payment or credit in reduction of a customer's
account any tax for which the supplier or permissive supplier was
allowed to take a credit.
SECTION __.07. Section 162.118, Tax Code, is amended to
read as follows:
Sec. 162.118. INFORMATION REQUIRED ON DISTRIBUTOR'S
RETURN. The monthly return and supplements of each distributor
shall contain for the period covered by the return:
(1) the number of net gallons of gasoline received
by the distributor during the month, sorted by product code
and[,] seller[, point of origin, destination state, carrier, and
receipt date];
(2) the number of net gallons of gasoline removed at
a terminal rack by the distributor during the month, sorted by
product code, seller, and terminal code[, and carrier];
(3) the number of net gallons of gasoline removed by
the distributor during the month for export, sorted by product
code, terminal code, bulk plant address, destination state, and
carrier;
(4) the number of net gallons of gasoline removed by
the distributor during the month from a terminal located in
another state for conveyance to this state, as indicated on the
shipping document for the gasoline, sorted by product code,
seller, terminal code, bulk plant address, and carrier;
(5) the number of net gallons of gasoline the
distributor sold during the month in transactions exempt under
Section 162.104, sorted by product code and purchaser; and
(6) any other information required by the
comptroller.
SECTION __.08. Section 162.123, Tax Code, is amended to
read as follows:
Sec. 162.123. INFORMATION REQUIRED ON BLENDER'S RETURN.
The monthly return and supplements of each blender shall contain
for the period covered by the return:
(1) [the number of net gallons of gasoline received
by the blender during the month, sorted by product code, seller,
point of origin, carrier, and receipt date;
[(2)] the number of net gallons of product blended
with gasoline during the month, sorted by product code, type of
blending agent if no product code exists, seller, and carrier;
[(3) the number of net gallons of blended gasoline
sold during the month and the license number or name and address
of the entity receiving the blended gasoline;] and
(2) [(4)] any other information required by the
comptroller.
SECTION __.09. Section 162.127, Tax Code, is amended by
adding Subsection (g) to read as follows:
(g) The comptroller shall issue a refund warrant to a
distributor not later than the 60th day after the date the
comptroller receives a valid refund claim from the distributor.
If the comptroller does not issue the refund warrant by that
date, the amount of the refund draws interest at the rate
provided by Section 111.060 beginning on the 61st day after the
date the comptroller receives the valid refund claim and ending
on the date the comptroller issues the refund warrant.
SECTION __.10. Section 162.206, Tax Code, is amended by
amending Subsection (c) and adding Subsections (c-1) and (h-1) to
read as follows:
(c) A person may not make a tax-free purchase and a
licensed supplier or distributor may not make a tax-free sale to
a purchaser of any dyed diesel fuel under this section using a
signed statement[:
[(1) for the purchase or the sale of more than 7,400
gallons of dyed diesel fuel in a single delivery; or
[(2)] in a calendar month in which the person has
previously purchased from all sources or in which the licensed
supplier has previously sold to that purchaser more than:
(1) [(A)] 10,000 gallons of dyed diesel fuel;
(2) [(B)] 25,000 gallons of dyed diesel fuel if the
purchaser stipulates in the signed statement that all of the fuel
will be consumed by the purchaser in the original production of,
or to increase the production of, oil or gas and furnishes the
supplier with a letter of exception issued by the comptroller; or
(3) [(C)] 25,000 gallons of dyed diesel fuel if the
purchaser stipulates in the signed statement that all of the fuel
will be consumed by the purchaser in agricultural off-highway
equipment.
(c-1) The monthly limitations prescribed by Subsection
(c) apply regardless of whether the dyed diesel fuel is purchased
in a single transaction during that month or in multiple
transactions during that month.
(h-1) For purposes of this section, the purchaser is
considered to have furnished the signed statement to the licensed
supplier or distributor if the supplier or distributor verifies
that the purchaser has an end user number issued by the
comptroller. The licensed supplier or distributor shall use the
comptroller's Internet website or other materials provided or
produced by the comptroller to verify this information.
SECTION __.11. Subsection (d), Section 162.214, Tax
Code, is amended to read as follows:
(d) The supplier or permissive supplier shall [has the
right], after notifying the comptroller of the licensed
distributor's or licensed importer's failure to remit taxes under
this section, [to] terminate the ability of the licensed
distributor or licensed importer to defer the payment of diesel
fuel tax. The supplier or permissive supplier shall reinstate
without delay the right of the licensed distributor or licensed
importer to defer the payment of diesel fuel tax after the
comptroller provides to the supplier or permissive supplier
notice that the licensed distributor or licensed importer is in
good standing with the comptroller for the purposes of diesel
fuel tax imposed under this subchapter.
SECTION __.12. Section 162.216, Tax Code, is amended by
adding Subsection (m-1) to read as follows:
(m-1) In addition to the records specifically required by
this section, a license holder shall keep any other record
required by the comptroller.
SECTION __.13. Subsections (a) and (d), Section 162.217,
Tax Code, are amended to read as follows:
(a) The monthly return and supplements of each supplier
and permissive supplier shall contain for the period covered by
the return:
(1) [the number of net gallons of diesel fuel
received by the supplier or permissive supplier during the month,
sorted by product code, seller, point of origin, destination
state, carrier, and receipt date;
[(2)] the number of net gallons of diesel fuel
removed at a terminal rack during the month from the account of
the supplier, sorted by product code, person receiving the diesel
fuel, terminal code, and carrier;
(2) [(3)] the number of net gallons of diesel fuel
removed during the month for export, sorted by product code,
person receiving the diesel fuel, terminal code, destination
state, and carrier;
(3) [(4)] the number of net gallons of diesel fuel
removed during the month from a terminal located in another state
for conveyance to this state, as indicated on the shipping
document for the diesel fuel, sorted by product code, person
receiving the diesel fuel, terminal code, and carrier;
(4) [(5)] the number of net gallons of diesel fuel
the supplier or permissive supplier sold during the month in
transactions exempt under Section 162.204, sorted by [product
code, carrier,] purchaser[, and terminal code;
[(6) the number of net gallons of diesel fuel sold
in the bulk transfer/terminal system in this state to any person
not holding a supplier's or permissive supplier's license]; and
(5) [(7)] any other information required by the
comptroller.
(d) For the purpose of Subsection (c), all payments or
credits in reduction of a customer's account must be applied
ratably between motor fuels and other goods sold to the customer,
and the credit allowed will be the tax on the number of gallons
represented by the motor fuel portion of the credit. The
comptroller may not require a supplier or permissive supplier to
remit from a payment or credit in reduction of a customer's
account any tax for which the supplier or permissive supplier was
allowed to take a credit.
SECTION __.14. Section 162.219, Tax Code, is amended to
read as follows:
Sec. 162.219. INFORMATION REQUIRED ON DISTRIBUTOR'S
RETURN. The monthly return and supplements of each distributor
shall contain for the period covered by the return:
(1) the number of net gallons of diesel fuel
received by the distributor during the month, sorted by product
code and[,] seller[, point of origin, destination state,
carrier, and receipt date];
(2) the number of net gallons of diesel fuel removed
at a terminal rack by the distributor during the month, sorted by
product code, seller, and terminal code[, and carrier];
(3) the number of net gallons of diesel fuel removed
by the distributor during the month for export, sorted by product
code, terminal code, bulk plant address, destination state, and
carrier;
(4) the number of net gallons of diesel fuel removed
by the distributor during the month from a terminal located in
another state for conveyance to this state, as indicated on the
shipping document for the diesel fuel, sorted by product code,
seller, terminal code, bulk plant address, and carrier;
(5) the number of net gallons of diesel fuel the
distributor sold during the month in transactions exempt under
Section 162.204, sorted by product code and by the entity
receiving the diesel fuel;
(6) the number of net gallons of[,] dyed diesel fuel
sold to a purchaser under a signed statement[,] or dyed diesel
fuel sold to a dyed diesel fuel bonded user, sorted by product
code and by the entity receiving the diesel fuel; and
(7) [(6)] any other information required by the
comptroller.
SECTION __.15. Section 162.224, Tax Code, is amended to
read as follows:
Sec. 162.224. INFORMATION REQUIRED ON BLENDER'S RETURN.
The monthly return and supplements of each blender shall contain
for the period covered by the return:
(1) [the number of net gallons of diesel fuel
received by the blender during the month, sorted by product code,
seller, point of origin, carrier, and receipt date;
[(2)] the number of net gallons of product blended
with diesel fuel during the month, sorted by product code, type
of blending agent if no product code exists, seller, and carrier;
[(3) the number of net gallons of blended diesel
fuel sold during the month and the license number or name and
address of the entity receiving the blended diesel fuel;] and
(2) [(4)] any other information required by the
comptroller.
SECTION __.16. Section 162.227, Tax Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A license holder may take a credit on a return for
the period in which the purchase occurred, and a person who does
not hold a license may file a refund claim with the comptroller,
if the license holder or person paid tax on diesel fuel and the
diesel fuel is used in this state:
(1) as a feedstock or other component in the further
manufacturing of tangible personal property for resale not as a
motor fuel; or
(2) in the original production of oil or gas or to
increase the production of oil or gas.
SECTION __.17. Section 162.229, Tax Code, is amended by
adding Subsection (g) to read as follows:
(g) The comptroller shall issue a refund warrant to a
distributor not later than the 60th day after the date the
comptroller receives a valid refund claim from the distributor.
If the comptroller does not issue the refund warrant by that
date, the amount of the refund draws interest at the rate
provided by Section 111.060 beginning on the 61st day after the
date the comptroller receives the valid refund claim and ending
on the date the comptroller issues the refund warrant.
SECTION __.18. Subsection (d), Section 162.230, Tax
Code, is amended to read as follows:
(d) A supplier, [or] permissive supplier, or distributor
that determines taxes were erroneously reported and remitted or
that paid more taxes than were due to this state because of a
mistake of fact or law may take a credit on the monthly tax report
on which the error has occurred and tax payment made to the
comptroller. The credit must be taken before the expiration of
the applicable period of limitation as provided by Chapter 111.
SECTION __.19. Subsections (c) and (d), Section 162.404,
Tax Code, are amended to read as follows:
(c) The prohibition under Section 162.403(32) does not
apply to the tax-free sale or distribution of diesel fuel
authorized by Section 162.204(a)(1) [162.204(1)], (2), or (3).
(d) The prohibition under Section 162.403(33) does not
apply to the tax-free sale or distribution of gasoline under
Section 162.104(a)(1) [162.104(1)], (2), or (3).
SECTION __.20. Subsection (h), Section 162.016, Tax
Code, is repealed.
SECTION __.21. This article applies only to taxes
imposed on or after the effective date of this article. Taxes
imposed before the effective date of this article are governed by
the law in effect on the date the taxes were imposed, and that law
is continued in effect for that purpose.
SECTION __.22. This article takes effect September 1,
2005.
Explanation: This change is necessary to remove
provisions from the bill relating to the collection of motor fuel
taxes.
(17) Senate Rule 12.03(2) is suspended to permit the
committee to omit the following provisions from the bill that are
not in disagreement:
ARTICLE __. FEES FOR CERTAIN INSPECTIONS CONDUCTED
BY THE COMMISSION ON JAIL STANDARDS
SECTION __.01. Section 511.0091, Government Code, is
amended by adding Subsection (c-1) and amending Subsection (d) to
read as follows:
(c-1) In addition to the other fees authorized by this
section, the commission may set and collect a reasonable fee to
cover the cost of performing any reinspection of a municipal or
county jail that is conducted by the commission:
(1) following a determination by the commission
that the jail is not in compliance with minimum standards;
(2) in response to a request by the operator of the
jail; and
(3) before the operator of the jail has taken
actions as necessary to ensure that the jail is in compliance
with minimum standards.
(d) All money paid to the commission under this chapter
is subject to Subchapter F, Chapter 404. Fees collected under
Subsection (c-1) shall be deposited to the credit of a special
account in the general revenue fund to be appropriated only to
pay costs incurred by the commission in performing services under
this section.
SECTION __.02. This article takes effect September 1,
2005.
Explanation: This change is necessary to remove
provisions from the bill relating to fees for certain inspections
conducted by the Commission on Jail Standards.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2005, by the
following vote: Yeas 27, Nays 4.
_______________________________
Secretary of the Senate