Amend SB 1848 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 57.48(k)(1), Education Code, is amended
to read as follows:
(1) "Compensation" means base salary or wages,
longevity pay, hazardous duty pay, benefit replacement pay, a
retirement annuity, or an emolument provided in lieu of base salary
or wages.
SECTION 2. Section 73.003(c), Government Code, is amended
to read as follows:
(c) If a case is transferred to a court that regularly sits
not more than 35 miles from the place the court from which the case
was transferred regularly sits, the court, at the discretion of its
chief justice and after notice to the parties or their counsel, may
hear oral arguments at the place it regularly sits. For purposes of
this subsection, the place where a court of appeals regularly sits
is that specified in Subchapter C, Chapter 22, and the mileage
between the places is that determined [by the comptroller] under
Chapter 660.
SECTION 3. Section 403.055(l)(1), Government Code, is
amended to read as follows:
(1) "Compensation" means base salary or wages,
longevity pay, hazardous duty pay, benefit replacement pay, a
retirement annuity, or an emolument provided in lieu of base salary
or wages.
SECTION 4. Section 403.0551(d), Government Code, is amended
to read as follows:
(d) This section does not authorize the comptroller to
deduct the amount of a state employee's indebtedness to a state
agency from any amount of compensation owed by the agency to the
employee, the employee's successor, or the assignee of the employee
or successor. In this subsection:
(1) [,] "compensation[,]" has the meaning assigned by
Section 403.055; and
(2) "indebtedness," "state agency," "state employee,"
and "successor" have the meanings assigned by Section 666.001.
SECTION 5. Section 404.024, Government Code, is amended by
amending Subsections (b) and (l) and adding Subsections (m) and (n)
to read as follows:
(b) State funds not deposited in state depositories shall be
invested by the comptroller in:
(1) direct security repurchase agreements;
(2) reverse security repurchase agreements;
(3) direct obligations of or obligations the principal
and interest of which are guaranteed by the United States;
(4) direct obligations of or obligations guaranteed by
agencies or instrumentalities of the United States government;
(5) bankers' acceptances that:
(A) are eligible for purchase by the Federal
Reserve System;
(B) do not exceed 270 days to maturity; and
(C) are issued by a bank whose other comparable
short-term obligations are rated in [that has received] the highest
short-term [credit] rating category, within which there may be
subcategories or gradations indicating relative standing,
including such subcategories or gradations as "rating category" or
"rated," by a nationally recognized statistical rating
organization, as defined by Rule 2a-7 (17 C.F.R. Section 270.2a-7),
promulgated under the Investment Company Act of 1940 (15 U.S.C.
Section 80a-1 et seq.) by the Securities and Exchange Commission
[investment rating firm];
(6) commercial paper that:
(A) does not exceed 270 days to maturity; and
(B) except as provided by Subsection (i), is
issued by an entity whose other comparable short-term obligations
are rated in [has received] the highest short-term [credit] rating
category by a nationally recognized statistical rating
organization [investment rating firm];
(7) contracts written by the treasury in which the
treasury grants the purchaser the right to purchase securities in
the treasury's marketable securities portfolio at a specified price
over a specified period and for which the treasury is paid a fee and
specifically prohibits naked-option or uncovered option trading;
(8) direct obligations of or obligations guaranteed by
the Inter-American Development Bank, the International Bank for
Reconstruction and Development (the World Bank), the African
Development Bank, the Asian Development Bank, and the International
Finance Corporation that have received the highest long-term
[credit] rating categories for debt obligations by a nationally
recognized statistical rating organization [investment rating
firm];
(9) bonds issued, assumed, or guaranteed by the State
of Israel;
(10) obligations of a state or an agency, county,
city, or other political subdivision of a state;
(11) mutual funds secured by obligations that are
described by Subdivisions (1) through (6) or by obligations
consistent with Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated
by the Securities and Exchange Commission, including pooled funds:
(A) established by the Texas Treasury
Safekeeping Trust Company;
(B) operated like a mutual fund; and
(C) with portfolios consisting only of
dollar-denominated securities; [and]
(12) foreign currency for the sole purpose of
facilitating investment by state agencies that have the authority
to invest in foreign securities;
(13) asset-backed securities, as defined by the
Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Section
270.2a-7), that are rated at least A or its equivalent by a
nationally recognized statistical rating organization and that
have a weighted-average maturity of five years or less; and
(14) corporate debt obligations that are rated at
least A or its equivalent by a nationally recognized statistical
rating organization and mature in five years or less from the date
on which the obligations were "acquired," as defined by the
Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Section
270.2a-7).
(l) The comptroller may lend securities under procedures
established by the comptroller. The procedures must be consistent
with industry practice and must include a requirement to fully
secure the loan with cash, obligations described by Subsections
(b)(1)-(6), or a combination of cash and the described obligations.
Notwithstanding any law to the contrary, cash may be reinvested in
the items permitted under Subsection (b) or mutual funds, as
defined by the Securities and Exchange Commission in Rule 2a-7 (17
C.F.R. Section 270.2a-7) [In this subsection, "obligation" means an
item described by Subsections (b)(1)-(6)].
(m) In entering into a direct security repurchase agreement
or a reverse security repurchase agreement, the comptroller may
agree to accept cash on an overnight basis in lieu of the
securities, obligations, or participation certificates identified
in Section 404.001(3). Cash held by the state under this subsection
is not a deposit of state or public funds for purposes of any
statute, including this subchapter or Subchapter D, that requires a
deposit of state or public funds to be collateralized by eligible
securities.
(n) Notwithstanding any other law to the contrary, any
government investment pool created to function as a money market
mutual fund and managed by the comptroller or the Texas Treasury
Safekeeping Trust Company may invest the funds it receives in
investments that are "eligible securities," as defined by the
Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Section
270.2a-7), if it maintains a dollar-weighted average portfolio
maturity of 90 days or less, with the maturity of each portfolio
security calculated in accordance with Rule 2a-7 (17 C.F.R. Section
270.2a-7), and meets the diversification requirements of Rule 2a-7.
SECTION 6. Section 442.015, Government Code, is amended by
amending Subsections (a), (b), and (f) and adding Subsections (h),
(i), (j), (k), and (l) to read as follows:
(a) Notwithstanding Sections 403.094 and 403.095, the Texas
preservation trust fund account is a separate account in the
general revenue fund. The account consists of transfers made to the
account, loan repayments, grants and donations made for the
purposes of this program, proceeds of sales, earnings [income
earned] on [money in] the account, and any other money received
under this section. Distributions from [Money in] the account may
be used only for the purposes of this section and may not be used to
pay operating expenses of the commission. Money allocated to the
commission's historic preservation grant program shall be
deposited to the credit of the account. Earnings [Income earned] on
[money in] the account shall be deposited to the credit of the
account.
(b) The commission may use distributions from [money in] the
Texas preservation trust fund account to provide financial
assistance to public or private entities for the acquisition,
survey, restoration, or preservation, or for planning and
educational activities leading to the preservation, of historic
property in the state that is listed in the National Register of
Historic Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark, or that the commission determines
is eligible for such listing or designation. The financial
assistance may be in the amount and form and according to the terms
that the commission by rule determines. The commission shall give
priority to property the commission determines to be endangered by
demolition, neglect, underuse, looting, vandalism, or other threat
to the property. Gifts and grants [Money] deposited to the credit
of the account specifically for any eligible projects may be used
only for the type of projects specified. If such a specification is
not made, the gift or grant [money] shall be unencumbered and accrue
to the benefit of the Texas preservation trust fund account. If such
a specification is made, the entire amount of the gift or grant may
be used during any period for the project or type of project
specified.
(f) The advisory board shall recommend to the commission
rules for administering Subsections (a)-(e) [this section].
(h) The comptroller shall manage the assets of the account.
In managing the assets of the account, the comptroller may acquire,
exchange, sell, supervise, manage, or retain, through procedures
and subject to restrictions the comptroller considers appropriate,
any kind of investment that a prudent investor, exercising
reasonable care, skill, and caution, would acquire or retain in
light of the purposes, terms, distribution requirements, and other
circumstances of the account then prevailing, taking into
consideration the investment of all the assets of the account
rather than a single investment.
(i) The amount of a distribution shall be determined by the
comptroller in a manner intended to provide a stable and
predictable stream of annual distributions and to maintain over
time the purchasing power of account investments and annual
distributions from the account. If the purchasing power of account
investments for any 10-year period is not preserved, the
comptroller may not increase annual distributions from the account
until the purchasing power of account investments is restored.
(j) An annual distribution made by the comptroller from the
account during a fiscal year may not exceed an amount equal to seven
percent of the average net fair market value of the investment
assets of the account as determined by the comptroller.
(k) The expenses of managing account investments shall be
paid from the account.
(l) On request, the comptroller shall fully disclose all
details concerning the investments of the account.
SECTION 7. (a) It is the intent of the legislature that the
Health and Human Services Commission use digital or electronic
technology, to the greatest extent feasible, to reduce paper
transactions, streamline processes, and promote provider
participation and client access to services, including the
submission of applications, the determination of eligibility, and
requests for recertification, redetermination, and appeals.
(b) Section 531.0055, Government Code, is amended by adding
Subsection (m) to read as follows:
(m) The executive commissioner shall establish standards
for the use of electronic signatures in accordance with the Uniform
Electronic Transactions Act (Chapter 43, Business & Commerce Code),
with respect to any transaction, as defined by Section 43.002,
Business & Commerce Code, in connection with the administration of
health and human services programs.
SECTION 8. Section 533.012(c), Government Code, is amended
to read as follows:
(c) The commission's office of investigations and
enforcement shall review the information submitted under this
section as appropriate in the investigation of fraud in the
Medicaid managed care program. [The comptroller may review the
information in connection with the health care fraud study
conducted by the comptroller.]
SECTION 9, Subchapter A, Chapter 659, Government Code, is
amended by adding Section 659.007 to read as follows:
Sec. 659.007. EARNINGS STATEMENTS. (a) In this section,
"state agency" has the meaning assigned by Section 403.013.
(b) A state agency may provide a written or electronic
earnings statement to an officer or employee of the agency.
(c) The comptroller may adopt rules and establish
procedures concerning the earnings statements provided by state
agencies that under Subchapter C, Chapter 2101, are required to use
the uniform statewide payroll system.
SECTION 10. Section 660.024(a), Government Code, is amended
to read as follows:
(a) The chief administrator of a state agency must give
advance written approval for any travel related to official state
business for which a reimbursement for travel expenses is claimed
or for which an advance for travel expenses to be incurred is
sought. The advance written approval may be communicated
electronically. [A copy of the written approval shall be submitted
with the travel voucher to the comptroller in accordance with
Section 660.027.]
SECTION 11. Sections 660.027(b), (d), and (e), Government
Code, are amended to read as follows:
(b) A voucher submitted under Subsection (a) is valid only
if:
(1) the state agency submitting the voucher approves
it in accordance with Chapter 2103 and, if required by law,
certifies the voucher; and
(2) the state employee who incurred the travel expense
or, if the employee is unavailable, another individual acceptable
to the comptroller approves the description, information, and
documentation required by Subsection (d) [voucher] in writing or
electronically, except that the employee's approval is not required
if another person is required by law to provide the approval.
(d) A voucher must be supported by:
(1) a description of [describe] the official state
business performed; and
(2) [be accompanied by] the information and
documentation that the comptroller considers necessary for the
comptroller to determine compliance with this chapter, the travel
provisions of the General Appropriations Act, and the rules adopted
by the comptroller under this chapter.
(e) The comptroller may require a state agency to provide to
the comptroller the description, information, and documentation
required under [by] Subsection (d):
(1) on the form adopted by the comptroller under
Subsection (c);
(2) electronically;
(3) by submitting receipts or other documents; or
(4) [(3)] by any [a] combination of Subdivisions (1),
[and] (2), and (3).
SECTION 12. Section 660.028, Government Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (e) to
read as follows:
(b) If the comptroller audits a state agency's voucher after
the comptroller issues a warrant or initiates an electronic funds
transfer in response to the voucher, the comptroller may require
the agency to maintain in its files the description, information,
and documentation [receipts] relating to the travel expense paid or
reimbursed by the voucher until the comptroller audits the voucher.
(c) If a state agency pays or reimburses a travel expense
without first submitting a voucher to the comptroller, the
comptroller may audit the payment or reimbursement for compliance
with this chapter and the travel provisions of the General
Appropriations Act. The comptroller may report the results of the
audit to the governor, the lieutenant governor, the speaker of the
house of representatives, the state auditor, and the Legislative
Budget Board. The state agency shall cooperate with the comptroller
and make available the description, information, and documentation
[receipts] required by the comptroller at the time and in the manner
required by the comptroller.
(d) The comptroller may require a state agency to maintain
in its files the description, information, and documentation
[receipts] regarding a travel expense payment or reimbursement for
the period required by the comptroller.
(e) The comptroller may require or authorize the
description, information, and documentation relating to a travel
expense payment or reimbursement to be maintained in paper form or
electronically.
SECTION 13. Sections 660.043(c) and (d), Government Code,
are amended to read as follows:
(c) A state agency [The comptroller] shall adopt or
designate [periodically issue and update] a mileage guide, for use
by agency employees and officers, [that includes a chart] showing
the number of miles for the shortest route between points. A state
agency may produce the guide or may use a reliable commercially or
publicly available service to produce the guide [The guide also may
include a chart showing the number of miles for longer routes
between points. Farm-to-market and ranch-to-market roads shall be
considered when determining the routings between points in this
state. The guide may be electronic or printed, or both].
(d) If the number of miles between points is not shown in the
guide adopted or designated under Subsection (c), the mileage
incurred while traveling between those points is not reimbursable
unless:
(1) the voucher itemizes the mileage on a
point-to-point basis; and
(2) the mileage is reasonable.
SECTION 14. Section 430.003, Local Government Code, is
amended to read as follows:
Sec. 430.003. EXEMPTIONS OF CERTAIN [STATE] PROPERTY FROM
INFRASTRUCTURE FEES. No county, municipality, or utility district
may collect from a state agency or a public or private institution
of higher education any fee charged for the development or
maintenance of programs or [of] facilities for the control of
excess water or storm water.
SECTION 15. Section 74.202, Property Code, is amended to
read as follows:
Sec. 74.202. NOTICE FOR ITEM WITH VALUE OF LESS THAN $200
[$100]. In the notice required by Section 74.201, the comptroller
is not required to publish information regarding an item having a
value that is less than $200 [$100] unless the comptroller
determines that publication of that information is in the public
interest.
SECTION 16. Section 403.028, Government Code, is repealed.
SECTION 17. (a) Except as provided by Subsection (d) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.
(b) If this Act does not receive the vote necessary for
immediate effect, the changes to or additions or repeal of the
following laws made by this Act take effect on the 91st day after
the last day of the legislative session:
(1) Section 57.48, Education Code; and
(2) Sections 403.028, 403.055, 403.0551, and 533.012,
Government Code.
(c) If this Act does not receive the vote necessary for
immediate effect, all provisions of this Act not treated by
Subsection (b) of this section, including the changes to or
additions of the following laws made by this Act, take effect
September 1, 2007:
(1) Sections 404.024, 659.007, 660.024, 660.027, and
660.028, Government Code; and
(2) Section 74.202, Property Code.
(d) The changes to Sections 73.003 and 660.043, Government
Code, made by this Act take effect September 1, 2007, without regard
to whether this Act receives the vote necessary for immediate
effect.