|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to state fiscal matters. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 42.2516, Education Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-2) to read as |
|
follows: |
|
(b) Subject to Subsections (b-2), (g), and (h), but |
|
notwithstanding any other provision of this title, a school |
|
district is entitled to state revenue necessary to provide the |
|
district with the sum of: |
|
(1) the amount of state revenue necessary to maintain |
|
state and local revenue per student in weighted average daily |
|
attendance in the amount equal to the greater of: |
|
(A) the amount of state and local revenue per |
|
student in weighted average daily attendance for the maintenance |
|
and operations of the district available to the district for the |
|
2005-2006 school year; |
|
(B) the amount of state and local revenue per |
|
student in weighted average daily attendance for the maintenance |
|
and operations of the district to which the district would have been |
|
entitled for the 2006-2007 school year under this chapter, as it |
|
existed on January 1, 2006, or, if the district would have been |
|
subject to Chapter 41, as that chapter existed on January 1, 2006, |
|
the amount to which the district would have been entitled under that |
|
chapter, based on the funding elements in effect for the 2005-2006 |
|
school year, if the district imposed a maintenance and operations |
|
tax at the rate adopted by the district for the 2005 tax year; or |
|
(C) the amount of state and local revenue per |
|
student in weighted average daily attendance for the maintenance |
|
and operations of the district to which the district would have been |
|
entitled for the 2006-2007 school year under this chapter, as it |
|
existed on January 1, 2006, or, if the district would have been |
|
subject to Chapter 41, as that chapter existed on January 1, 2006, |
|
the amount to which the district would have been entitled under that |
|
chapter, based on the funding elements in effect for the 2005-2006 |
|
school year, if the district imposed a maintenance and operations |
|
tax at the rate equal to the rate described by Section 26.08(i) or |
|
(k)(1), Tax Code, as applicable, for the 2006 tax year; |
|
(2) an amount equal to the product of $2,500 multiplied by |
|
the number of classroom teachers, full-time librarians, full-time |
|
counselors certified under Subchapter B, Chapter 21, and full-time |
|
school nurses employed by the district and entitled to a minimum |
|
salary under Section 21.402; and |
|
(3) an amount equal to the product of $275 multiplied by the |
|
number of students in average daily attendance in grades nine |
|
through 12 in the district. |
|
(b-2) The amount determined for a school district under |
|
Subsection (b) is increased or reduced as follows: |
|
(1) if for any school year the district is entitled to |
|
a greater allotment under Section 42.155 or greater additional |
|
state aid under Section 42.2515 than the allotment or additional |
|
state aid to which the district was entitled under Section 42.155 or |
|
42.2515, as applicable, for the school year on which the district's |
|
entitlement under Subsection (b) is based, the district's |
|
entitlement under Subsection (b) is increased by an amount equal to |
|
the difference between the amount to which the district is entitled |
|
under Section 42.155 or 42.2515, as applicable, for that school |
|
year and the amount to which the district was entitled under the |
|
applicable section, as applicable for: |
|
(A) the 2005-2006 school year, if the amount |
|
determined for the district under Subsection (b) is determined |
|
under Subsection (b)(1)(A); or |
|
(B) the 2006-2007 school year, if the amount |
|
determined for the district under Subsection (b) is determined |
|
under Subsection (b)(1)(B) or (C); and |
|
(2) if for any school year the district is not entitled |
|
to an allotment under Section 42.155 or additional state aid under |
|
Section 42.2515 or is entitled to a lesser allotment or less |
|
additional state aid under the applicable section than the |
|
allotment or additional state aid to which the district was |
|
entitled under the applicable section for the school year on which |
|
the district's entitlement under Subsection (b) is based, the |
|
district's entitlement under Subsection (b) is reduced by an amount |
|
equal to the difference between the amount to which the district was |
|
entitled under Section 42.155 or 42.2515, as applicable, for the |
|
2005-2006 or 2006-2007 school year, as appropriate based on whether |
|
the district's entitlement under Subsection (b) is determined under |
|
Subsection (b)(1)(A), (B), or (C), and the amount to which the |
|
district is entitled under the applicable section for the current |
|
school year. |
|
SECTION 2. Subsections (a) and (c), Section 42.253, |
|
Education Code, are amended to read as follows: |
|
(a) For each school year the commissioner shall determine: |
|
(1) the amount of money to which a school district is |
|
entitled under Subchapters B and C; |
|
(2) the amount of money to which a school district is |
|
entitled under Sections 42.2516(b)(2) and (3); |
|
(3) the amount of money to which a school district is |
|
entitled under Subchapter F; |
|
(4) [(3)] the amount of money allocated to the |
|
district from the available school fund; |
|
(5) [(4)] the amount of each district's tier one local |
|
share under Section 42.252; and |
|
(6) [(5)] the amount of each district's tier two local |
|
share under Section 42.302. |
|
(c) Each school district is entitled to an amount equal to |
|
the difference for that district between the sum of Subsections |
|
(a)(1), [and] (a)(2), and (a)(3) and the sum of Subsections |
|
[(a)(3),] (a)(4), [and] (a)(5), and (a)(6). |
|
SECTION 3. Subsection (b), Section 42.259, Education Code, |
|
is amended to read as follows: |
|
(b) Payments from the foundation school fund to each |
|
category 1 school district shall be made as follows: |
|
(1) for amounts to which a district is entitled under |
|
Section 42.2516(b)(2) or (3): |
|
(A) 15 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) [(2)] 80 percent of the yearly entitlement of |
|
the district shall be paid in eight equal installments to be made on |
|
or before the 25th day of October, November, December, January, |
|
March, May, June, and July; and |
|
(C) [(3)] five percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of February; and |
|
(2) for all other amounts to which a district is |
|
entitled: |
|
(A) 14 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) 45 percent of the yearly entitlement of the |
|
district shall be paid in five equal installments to be made on or |
|
before the 25th day of October, November, December, June, and July; |
|
(C) 33 percent of the yearly entitlement of the |
|
district shall be paid in three equal installments to be made on or |
|
before the 25th day of January, March, and May; |
|
(D) six percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of February; and |
|
(E) two percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of April. |
|
SECTION 4. Subsections (c), (d), and (f), Section 42.259, |
|
Education Code, as effective until August 1, 2009, are amended to |
|
read as follows: |
|
(c) Payments from the foundation school fund to each |
|
category 2 school district shall be made as follows: |
|
(1) for amounts to which a district is entitled under |
|
Section 42.2516(b)(2) or (3): |
|
(A) 22 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) [(2)] 18 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of October; |
|
(C) [(3)] 9.5 percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of November; |
|
(D) [(4)] 7.5 percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of April; |
|
(E) [(5)] five percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of May; |
|
(F) [(6)] 10 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of June; |
|
(G) [(7)] 13 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of July; and |
|
(H) [(8)] 15 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made after the |
|
fifth day of September and not later than the 10th day of September |
|
of the calendar year following the calendar year of the payment made |
|
under Paragraph (A); and |
|
(2) for all other amounts to which a district is |
|
entitled: |
|
(A) 15 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) 13 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of October; |
|
(C) 14 percent of the yearly entitlement of the |
|
district shall be paid in two equal installments to be made on or |
|
before the 25th day of November and June; |
|
(D) 18 percent of the yearly entitlement of the |
|
district shall be paid in three equal installments to be made on or |
|
before the 25th day of January, February, and March; |
|
(E) 11 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of April; |
|
(F) 10 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of May; |
|
(G) nine percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of July; and |
|
(H) 10 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made after the fifth |
|
day of September and not later than the 10th day of September of the |
|
calendar year following the calendar year of the payment made under |
|
Paragraph (A) [Subdivision (1)]. |
|
(d) Payments from the foundation school fund to each |
|
category 3 school district shall be made as follows: |
|
(1) for amounts to which a district is entitled under |
|
Section 42.2516(b)(2) or (3): |
|
(A) 45 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) [(2)] 35 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of October; and |
|
(C) [(3)] 20 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made after the |
|
fifth day of September and not later than the 10th day of September |
|
of the calendar year following the calendar year of the payment made |
|
under Paragraph (A); and |
|
(2) for all other amounts to which a district is |
|
entitled: |
|
(A) seven percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of September of a fiscal year; |
|
(B) six percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of October; |
|
(C) 85 percent of the yearly entitlement of the |
|
district shall be paid in five equal installments to be made on or |
|
before the 25th day of January, February, March, April, and May; and |
|
(D) two percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made after the fifth |
|
day of September and not later than the 10th day of September of the |
|
calendar year following the calendar year of the payment made under |
|
Paragraph (A) [Subdivision (1)]. |
|
(f) Except as provided by Subsection (c)(1)(H) or (2)(H) or |
|
(d)(1)(C) or (2)(D) [(c)(8) or (d)(3)], any previously unpaid |
|
additional funds from prior years owed to a district shall be paid |
|
to the district together with the September payment of the current |
|
year entitlement. |
|
SECTION 5. Subsections (c) and (d), Section 42.259, |
|
Education Code, as effective August 1, 2009, are amended to read as |
|
follows: |
|
(c) Payments from the foundation school fund to each |
|
category 2 school district shall be made as follows: |
|
(1) for amounts to which a district is entitled under |
|
Section 42.2516(b)(2) or (3): |
|
(A) 22 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) [(2)] 18 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of October; |
|
(C) [(3)] 9.5 percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of November; |
|
(D) [(4)] 7.5 percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of April; |
|
(E) [(5)] five percent of the yearly entitlement |
|
of the district shall be paid in an installment to be made on or |
|
before the 25th day of May; |
|
(F) [(6)] 10 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of June; |
|
(G) [(7)] 13 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of July; and |
|
(H) [(8)] 15 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of August; and |
|
(2) for all other amounts to which a district is |
|
entitled: |
|
(A) 15 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) 13 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of October; |
|
(C) 14 percent of the yearly entitlement of the |
|
district shall be paid in two equal installments to be made on or |
|
before the 25th day of November and June; |
|
(D) 18 percent of the yearly entitlement of the |
|
district shall be paid in three equal installments to be made on or |
|
before the 25th day of January, February, and March; |
|
(E) 11 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of April; |
|
(F) 20 percent of the yearly entitlement of the |
|
district shall be paid in two equal installments to be made on or |
|
before the 25th day of May and August; and |
|
(G) nine percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of July. |
|
(d) Payments from the foundation school fund to each |
|
category 3 school district shall be made as follows: |
|
(1) for amounts to which a district is entitled under |
|
Section 42.2516(b)(2) or (3): |
|
(A) 45 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(B) [(2)] 35 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of October; and |
|
(C) [(3)] 20 percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of August; and |
|
(2) for all other amounts to which a district is |
|
entitled: |
|
(A) seven percent of the yearly entitlement of |
|
the district shall be paid in an installment to be made on or before |
|
the 25th day of September of a fiscal year; |
|
(B) six percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of October; |
|
(C) 85 percent of the yearly entitlement of the |
|
district shall be paid in five equal installments to be made on or |
|
before the 25th day of January, February, March, April, and May; and |
|
(D) two percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of August. |
|
SECTION 6. Subchapter E, Chapter 42, Education Code, is |
|
amended by adding Section 42.2591 to read as follows: |
|
Sec. 42.2591. MODIFICATION OF PAYMENT SCHEDULE. (a) For |
|
the fiscal year ending August 31, 2008, or August 31, 2009, a school |
|
district may apply to the commissioner for a modification of the |
|
payment schedule provided by Section 42.259, as amended by S.B. No. |
|
1848, Acts of the 80th Legislature, Regular Session, 2007, if |
|
application of that payment schedule would cause the district |
|
financial hardship as a result of the effect of the schedule on the |
|
district's cash flow. |
|
(b) A modification granted under this section expires at the |
|
end of the fiscal year for which the modification is granted. A |
|
school district may seek a modification for each fiscal year. |
|
(c) A modification granted under this section may affect |
|
only the timing of payments made under the schedule provided by |
|
Section 42.259, and may not result in a net change to the total |
|
amount of funds a school district receives during the fiscal year |
|
for which the modification is granted. |
|
(d) The commissioner shall adopt rules necessary to |
|
implement this section. |
|
(e) A decision of the commissioner under this section is |
|
final and may not be appealed. |
|
(f) This section expires September 1, 2009. |
|
SECTION 7. Subdivision (1), Subsection (k), Section 57.48, |
|
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 8. Subsection (c), Section 73.003, 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 9. Subdivision (1), Subsection (l), Section |
|
403.055, 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 10. Subsection (d), Section 403.0551, 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 11. 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 12. Subchapter A, Chapter 442, Government Code, is |
|
amended by adding Sections 442.0051, 442.0052, and 442.0053 to read |
|
as follows: |
|
Sec. 442.0051. FEES. The commission by rule may establish |
|
reasonable fees for commission purposes under this chapter, |
|
including an admission fee appropriate to a historic site under its |
|
jurisdiction. |
|
Sec. 442.0052. VOLUNTEER SERVICES. (a) Except as provided |
|
by Subsection (b), the commission may use the services of |
|
volunteers to help carry out the duties and responsibilities of the |
|
commission. |
|
(b) A volunteer may not enforce this code. |
|
Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL |
|
PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by |
|
rule shall adopt criteria for determining the eligibility of real |
|
property donated to the commission for inclusion in the historic |
|
sites system. |
|
(b) The commission may accept a donation of real property |
|
that satisfies the criteria adopted under Subsection (a). |
|
(c) The commission may renovate or restore donated real |
|
property, including improvements to the property, or construct |
|
improvements on the donated real property as necessary and prudent. |
|
SECTION 13. Section 442.015, Government Code, is amended by |
|
amending Subsections (a), (b), and (f) and adding Subsections (h) |
|
through (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 14. Chapter 442, Government Code, is amended by |
|
adding Subchapter C to read as follows: |
|
SUBCHAPTER C. CERTAIN HISTORIC SITES |
|
Sec. 442.071. DEFINITION. In this subchapter, "historic |
|
site" means a site or park listed under Section 442.072. |
|
Sec. 442.072. JURISDICTION. (a) The following historic |
|
sites and parks formerly under the jurisdiction of the Parks and |
|
Wildlife Department are under the commission's jurisdiction: |
|
(1) Acton State Historic Site; |
|
(2) Caddoan Mounds State Historic Site; |
|
(3) Casa Navarro State Historic Site; |
|
(4) Confederate Reunion Grounds State Historic Site; |
|
(5) Eisenhower Birthplace State Historic Site; |
|
(6) Fannin Battleground State Historic Site; |
|
(7) Fort Griffin State Historic Site; |
|
(8) Fort Lancaster State Historic Site; |
|
(9) Fort McKavett State Historic Site; |
|
(10) Fulton Mansion State Historic Site; |
|
(11) Landmark Inn State Historic Site; |
|
(12) Levi Jordan Plantation State Historic Site; |
|
(13) Magoffin Home State Historic Site; |
|
(14) Sabine Pass Battleground State Historic Site; |
|
(15) Sam Bell Maxey House State Historic Site; |
|
(16) San Felipe State Historic Site; |
|
(17) Starr Family Home State Historic Site; and |
|
(18) Varner-Hogg Plantation State Historic Site. |
|
(b) This subsection applies to a historic site that the |
|
state is required to operate in a particular manner or for a |
|
particular purpose, such as a site improved with federal money |
|
subject to federal restrictions on the purposes for which the |
|
improved site may be used or a site donated to the state subject to a |
|
reversion clause providing that the title reverts to the grantor |
|
when the site is not used for the purposes for which it was |
|
acquired. The commission has all powers necessary to operate the |
|
site in the required manner or for the required purpose. |
|
(c) The commission may enter into an agreement with a |
|
nonprofit corporation, foundation, association, or other nonprofit |
|
entity for the expansion, renovation, management, operation, or |
|
financial support of a historic site. |
|
Sec. 442.073. HISTORIC SITE ACCOUNT. (a) The historic |
|
site account is a separate account in the general revenue fund. |
|
(b) The account consists of: |
|
(1) transfers to the account; |
|
(2) interest earned on the account; |
|
(3) fees and other revenue from operation of a |
|
historic site; and |
|
(4) grants and donations accepted under Section |
|
442.074. |
|
(c) A fee or other revenue generated at a historic site must |
|
be credited to the account. |
|
(d) Money in the account may be used only to administer, |
|
operate, preserve, repair, expand, or otherwise maintain a historic |
|
site or to acquire a historical item appropriate to a historic site. |
|
(e) Any money in the account not used in a fiscal year |
|
remains in the account. The account is exempt from the application |
|
of Section 403.095. |
|
Sec. 442.074. GRANTS; DONATIONS. (a) The commission may |
|
seek and accept grants and donations for a historic site from any |
|
appropriate source. |
|
(b) Money accepted under this section shall be deposited to |
|
the credit of the historic site account. |
|
SECTION 15. Section 442.019, Government Code, as added by |
|
Chapter 1259, Acts of the 79th Legislature, Regular Session, 2005, |
|
is transferred to Subchapter C, Chapter 442, Government Code, as |
|
added by this Act, renumbered as Section 442.075, Government Code, |
|
and amended to read as follows: |
|
Sec. 442.075 [442.019]. TRANSFER OF HISTORIC [HISTORICAL] |
|
SITES FROM PARKS AND WILDLIFE. (a) Section 442.071 does not apply |
|
to this section. |
|
(b) By interagency agreement, a historic [historical] site |
|
under the jurisdiction of the Parks and Wildlife Department may be |
|
transferred to the commission. |
|
(c) [(b)] If jurisdiction over a historic [historical] site |
|
is transferred under this section, all rights, powers, duties, |
|
obligations, functions, activities, property, and programs of the |
|
Parks and Wildlife Department relating to the [historical] site are |
|
transferred to the commission. |
|
(d) [(c)] On or after the transfer of jurisdiction over a |
|
historic [historical] site, the commission may enter into an |
|
agreement with a nonprofit corporation, including the Admiral |
|
Nimitz Foundation, for the expansion, renovation, management, |
|
operation, or financial support of the site. |
|
SECTION 16. (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 17. Subsection (c), Section 533.012, 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 18. 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 19. Subsection (a), Section 660.024, 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 20. Subsections (b), (d), and (e), Section 660.027, |
|
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 21. 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 22. Subsections (c) and (d), Section 660.043, |
|
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 23. Subsection (d), Section 551.022, Health and |
|
Safety Code, is amended to read as follows: |
|
(d) In accordance with board rules and departmental |
|
operating procedures, the superintendent may: |
|
(1) establish policy to govern the facility that the |
|
superintendent considers will best promote the patients' and |
|
clients' interest and welfare; |
|
(2) appoint subordinate officers, teachers, and other |
|
employees and set their salaries, in the absence of other law; and |
|
(3) remove an officer, teacher, or employee on an |
|
at-will basis [for good cause]. |
|
SECTION 24. 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 25. Subsection (a), Section 11.0262, Parks and |
|
Wildlife Code, is amended to read as follows: |
|
(a) An employee of the state parks division of the |
|
department may accept a gratuity if: |
|
(1) the employee, as a primary job duty, serves food or |
|
beverages in a restaurant, cafeteria, or other food service |
|
establishment located within a state park and owned and operated by |
|
the department; |
|
(2) the employee, as an auxiliary duty in performance |
|
of a regular duty renders a special customer service to an |
|
individual or group; |
|
(3) the gratuity is offered by a customer: |
|
(A) of the restaurant, cafeteria, [or other] food |
|
service establishment, or hospitality unit of the state parks |
|
division in appreciation of being served food or beverages by the |
|
employee; or |
|
(B) of a hospitality unit of the state parks |
|
division, in appreciation of receiving some other customer service |
|
from the employee; |
|
(4) [(3)] the department has designated the employee |
|
as an employee authorized to accept a gratuity; and |
|
(5) [(4)] the employee reports the gratuity in |
|
accordance with commission rules. |
|
SECTION 26. Chapter 11, Parks and Wildlife Code, is amended |
|
by adding Subchapter K to read as follows: |
|
SUBCHAPTER K. MANAGEMENT AND EFFICIENCY REVIEWS |
|
Sec. 11.251. MAINTENANCE EQUIPMENT REVIEW SYSTEM. (a) In |
|
this section: |
|
(1) "Maintenance equipment" means personal property |
|
owned by the department that is used to administer, operate, |
|
preserve, repair, expand, or otherwise maintain real property, |
|
including improvements and fixtures, owned or operated by the |
|
department. |
|
(2) "Outdated equipment" means equipment: |
|
(A) that has a fair market value that is less than |
|
the annual cost of maintaining the equipment in working order; |
|
(B) that is not operational and cannot reasonably |
|
be made operational; or |
|
(C) that no longer serves a department purpose. |
|
(b) The commission by rule shall establish an equipment |
|
review system through which the department annually determines |
|
whether any of the department's maintenance equipment has become |
|
outdated equipment since the last date the department conducted an |
|
equipment review under this section. |
|
(c) The equipment review system established under |
|
Subsection (b) must require the department to sell any outdated |
|
equipment in the manner and at the time specified by the commission |
|
by rule. |
|
(d) The department shall deposit proceeds from the sale of |
|
equipment under this section to the credit of the appropriate parks |
|
and wildlife account. |
|
Sec. 11.252. MAINTENANCE PROVIDER REVIEW SYSTEM. (a) In |
|
this section, "maintenance" includes the administration, |
|
operation, preservation, repair, and expansion of personal |
|
property owned by the department and real property owned or |
|
operated by the department. |
|
(b) The commission by rule shall establish a maintenance |
|
provider review system through which the department annually |
|
determines whether a maintenance task performed by the department |
|
could be performed by a third-party contractor in a manner that: |
|
(1) is more cost-effective than the department's |
|
manner of performing the maintenance task; and |
|
(2) yields a result that is equal to or greater than |
|
the quality of the result produced by the department performing the |
|
task. |
|
(c) The maintenance provider review system established |
|
under Subsection (b) must require the department to contract with a |
|
third party for the performance of any maintenance task performed |
|
by the department that could be performed by a third-party |
|
contractor in the manner that meets the criteria described by |
|
Subsection (b) after the department's cost of administering the |
|
contract is added to the cost of performance by the third party. |
|
Sec. 11.253. MANAGEMENT PLAN AND PRIORITIES LIST. Not |
|
later than January 15 of each odd-numbered year the department |
|
shall submit to the governor, the speaker of the house of |
|
representatives, the lieutenant governor, and the chair of each |
|
house and senate standing committee having jurisdiction over a |
|
matter regulated by the department under this code a management |
|
plan to address the department's maintenance responsibilities |
|
under this subchapter and a priorities list that includes the |
|
following information: |
|
(1) a prioritized list of facilities operated by the |
|
department that are most in need of repair, renovation, expansion, |
|
or other maintenance; |
|
(2) an itemized list explaining any additional funding |
|
requested by the department to accomplish a task described by |
|
Subdivision (1); and |
|
(3) the results of the reviews conducted under |
|
Sections 11.251, 11.252, and 13.019(b). |
|
SECTION 27. Subchapter A, Chapter 13, Parks and Wildlife |
|
Code, is amended by adding Section 13.0044 to read as follows: |
|
Sec. 13.0044. PREFERENCE FOR CERTAIN PARK PROGRAMS. In |
|
selecting parks for capital improvements, the department may give a |
|
preference to programs in which the department matches locally |
|
raised money on a dollar-for-dollar basis. |
|
SECTION 28. Subsection (a), Section 13.0061, Parks and |
|
Wildlife Code, is amended to read as follows: |
|
(a) The department may lease grazing rights on any state |
|
park or any area of a state park. The department may harvest and |
|
sell, or sell in place, any timber, hay, livestock, or other product |
|
grown on state park land the department finds to be in excess of |
|
natural resource management, educational, or interpretive |
|
objectives [programming needs]. Timber may be harvested only for |
|
forest pest management, salvage, or habitat restoration and under |
|
good forestry practices with the advice of the Texas Forest |
|
Service. |
|
SECTION 29. Subchapter A, Chapter 13, Parks and Wildlife |
|
Code, is amended by adding Section 13.0075 to read as follows: |
|
Sec. 13.0075. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL |
|
PROPERTY IN STATE PARKS SYSTEM. (a) The commission by rule shall |
|
adopt criteria for determining the eligibility of real property |
|
that is donated to the department for inclusion in the state parks |
|
system. |
|
(b) The department may accept a donation of real property |
|
that satisfies the criteria adopted under Subsection (a). |
|
(c) The department may renovate or restore donated real |
|
property, including improvements to the property, or construct |
|
improvements on the donated real property as necessary and prudent. |
|
SECTION 30. Subchapter A, Chapter 13, Parks and Wildlife |
|
Code, is amended by adding Section 13.0145 to read as follows: |
|
Sec. 13.0145. SPEED LIMITS. (a) The department shall set |
|
and enforce speed limits on a road in a state park, wildlife |
|
management area, or other site under the control of the department |
|
as follows: |
|
(1) 30 miles per hour on a park road or main drive; |
|
(2) 20 miles per hour on a secondary road; or |
|
(3) as posted by the department. |
|
(b) The department shall: |
|
(1) consult with the Texas Department of |
|
Transportation to determine if a speed limit under Subsection (a) |
|
is reasonable and safe based on an engineering and traffic control |
|
study; and |
|
(2) amend the limit, if necessary. |
|
SECTION 31. Section 13.015, Parks and Wildlife Code, is |
|
amended by amending Subsection (b) and adding Subsections (a-1), |
|
(b-1), (b-2), and (b-3) to read as follows: |
|
(a-1) The department may promote visits and enhance revenue |
|
at parks, including amounts necessary for salaries, advertising, |
|
consumable supplies and materials, promotional products, fees, and |
|
related expenses. |
|
(b) The department may operate or grant contracts to operate |
|
concessions in state parks or on causeways, beach drives, or other |
|
improvements in connection with state park sites. The department |
|
may make regulations governing the granting or operating of |
|
concessions. The department may establish and operate staff |
|
concessions, including salaries, consumable supplies and |
|
materials, operating expenses, rental and other equipment, and |
|
other capital outlays. |
|
(b-1) The department may purchase products, including food |
|
items, for resale or rental at a profit. |
|
(b-2) The department shall operate any resale concession |
|
program using standard business practice models to generate revenue |
|
and provide quality customer service while adhering to conservation |
|
principles. |
|
(b-3) The department may recruit and select private service |
|
providers to enter into leased concession contracts with the |
|
department to provide necessary and appropriate visitor services. |
|
SECTION 32. Section 13.016, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 13.016. INMATE [PRISON] LABOR. (a) The department |
|
may use the labor of an inmate confined in a state, county, or local |
|
correctional facility [trusty state convicts] on or in connection |
|
with state parks, wildlife management areas, or other property |
|
under the control or jurisdiction of the department. |
|
(b) Inmates [Convicts] working in connection with lands |
|
under the control or jurisdiction of the department remain under |
|
the control of the Texas Department of Criminal Justice or county or |
|
local correctional facility, as appropriate, and are considered as |
|
serving their terms in the Texas Department of Criminal Justice or |
|
other correctional facility [penitentiary]. |
|
(c) The department may purchase equipment, meals, supplies, |
|
and materials for an inmate working at a department site as |
|
necessary to facilitate the use of the labor described by this |
|
section. |
|
(d) The department may not use the labor of an inmate |
|
convicted of an offense listed in Article 62.001(5), Code of |
|
Criminal Procedure. |
|
(e) The department may not use the labor of an inmate |
|
convicted of any violent offense. |
|
SECTION 33. Section 13.019, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 13.019. FACILITY RESERVATION SYSTEM AND FEE. (a) The |
|
department may permit the advance reservation of a facility, |
|
lodging, or campsite at a state park and require the payment of a |
|
fee by a person making the reservation. |
|
(b) The department shall annually: |
|
(1) evaluate whether the reservation system used by |
|
the department for the advance reservation of facilities, lodging, |
|
and campsites is as user-friendly as possible; and |
|
(2) make modifications to the system as necessary to |
|
enhance the user-friendliness of the reservation system. |
|
SECTION 34. Subchapter A, Chapter 13, Parks and Wildlife |
|
Code, is amended by adding Section 13.0191 to read as follows: |
|
Sec. 13.0191. FACILITY AND LODGING FEES. A fee charged by |
|
the department under this subchapter for the use of a facility or |
|
lodging at a state park may vary on a seasonal basis and may be set |
|
in an amount to recover the direct and indirect costs of providing |
|
the facility or lodging and provide a reasonable rate of return to |
|
the department. Items to be considered in setting a fee include the |
|
cost required to provide, maintain, and improve amenities available |
|
at the site and seasonal variables such as the cost of staffing to |
|
meet demand and costs of heating or air conditioning. |
|
SECTION 35. 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 36. Section 31.01, Tax Code, is amended by adding |
|
Subsection (d-2) to read as follows: |
|
(d-2) This subsection applies only to a school district and |
|
only in connection with taxes imposed by the district in 2007. This |
|
subsection expires January 1, 2008. In addition to any other |
|
information required by this section, the tax bill or separate |
|
statement shall separately state: |
|
(1) the amount of tax that would be imposed by applying |
|
the district's maintenance and operations rate for the 2005 tax |
|
year to current total value for 2007; |
|
(2) the amount of tax that would be imposed by applying |
|
the district's maintenance and operations rate for the 2007 tax |
|
year to current total value for 2007; and |
|
(3) the amount, if any, by which the amount calculated |
|
under Subdivision (1) exceeds the amount calculated under |
|
Subdivision (2), which must be labeled "Estimate of school district |
|
maintenance and operations property tax savings attributable to |
|
H.B. No. 1, Acts of the 79th Legislature, 3rd Called Session, 2006, |
|
and appropriations of state funds by the 80th Legislature." |
|
SECTION 37. Section 403.028, Government Code, is repealed. |
|
SECTION 38. (a) The legislative task force on the use of |
|
the sales tax on sporting goods is composed of eight members, as |
|
follows: |
|
(1) two members of the House Natural Resources |
|
Committee, appointed by the speaker of the house of |
|
representatives; |
|
(2) two members of the House Appropriations Committee, |
|
appointed by the speaker of the house of representatives; |
|
(3) two members of the Senate Committee on Natural |
|
Resources, appointed by the lieutenant governor; and |
|
(4) two members of the Senate Committee on Finance, |
|
appointed by the lieutenant governor. |
|
(b) The speaker of the house of representatives shall |
|
designate one member of the task force to serve as a joint presiding |
|
officer of the task force, and the lieutenant governor shall |
|
designate another task force member to serve as the other joint |
|
presiding officer. |
|
(c) The task force meets at the call of a joint presiding |
|
officer. |
|
(d) The task force shall: |
|
(1) review the items that are included in the |
|
definition of "sporting goods" under Subsection (e), Section |
|
151.801, Tax Code, and determine if there is a correlation between |
|
each individual item included and activities related to state |
|
parks, including the use of those parks; and |
|
(2) determine the amount of revenue that must be |
|
generated to fund the policy decisions made by the 80th Legislature |
|
regarding state parks. |
|
(e) Not later than January 15, 2009, the task force shall |
|
prepare and present to the 81st Legislature a report that describes |
|
the findings of the task force and includes recommendations |
|
regarding the specific items that should be included in the |
|
definition of "sporting goods" under Subsection (e), Section |
|
151.801, Tax Code. |
|
(f) This section expires March 1, 2009. |
|
SECTION 39. The Parks and Wildlife Department shall comply |
|
with the recommendations contained in the State Auditor's Office |
|
"An Audit Report on Financial Processes at the Parks and Wildlife |
|
Department Report No. 07-021" in accordance with the dates |
|
specified in the department's management response included as |
|
Appendix 6 to the report and contingent on receiving an |
|
appropriation sufficient to fund the implementation of the |
|
recommendations. |
|
SECTION 40. (a) In this section, "historic site" means a |
|
historic site or park listed under Section 442.072, Government |
|
Code, as added by this Act. |
|
(b) On or after January 1, 2008, as provided by this |
|
section, the following are transferred to the Texas Historical |
|
Commission: |
|
(1) each historic site and all obligations and |
|
liabilities of the Parks and Wildlife Department relating to the |
|
site; |
|
(2) all unobligated and unexpended funds appropriated |
|
to the Parks and Wildlife Department designated for the |
|
administration of each site; |
|
(3) all equipment and property of the Parks and |
|
Wildlife Department used for the administration of or related to |
|
each site; and |
|
(4) all files and other records of the Parks and |
|
Wildlife Department kept by the department regarding each site. |
|
(c) A rule adopted by the Parks and Wildlife Commission that |
|
is in effect immediately before January 1, 2008, and that relates to |
|
a historic site is, on January 1, 2008, a rule of the Texas |
|
Historical Commission and remains in effect until amended or |
|
repealed by the Texas Historical Commission. A rule that applies to |
|
both a transferred site and park that is not transferred is a rule |
|
of both commissions and applies to the transferred site until |
|
amended or repealed by the Texas Historical Commission. |
|
(d) A transfer under this Act does not diminish or impair |
|
the rights of a holder of an outstanding bond or other obligation |
|
issued by the Parks and Wildlife Department in relation to the |
|
support of a historic site. |
|
(e) On January 1, 2008, a reference in the Parks and |
|
Wildlife Code or other law to a power, duty, obligation, or |
|
liability of the Parks and Wildlife Department or the Parks and |
|
Wildlife Commission that relates to a historic site is a reference |
|
to the Texas Historical Commission. The Texas Historical |
|
Commission is the successor agency to the Parks and Wildlife |
|
Department and the Parks and Wildlife Commission for the site. |
|
(f) The Texas Historical Commission shall prepare a base |
|
operating plan for each historic site before the transfer of any |
|
site or associated artifact or archival materials from the Parks |
|
and Wildlife Department to the commission. The base operating plan |
|
for each site must be completed on or before January 1, 2008. The |
|
base operating plan for each site must include: |
|
(1) a mission statement outlining the goals for the |
|
site; |
|
(2) an interpretive plan showing how the mission is to |
|
be accomplished; |
|
(3) an operational plan, including: |
|
(A) facilities, documents, records, and other |
|
assets to be transferred; |
|
(B) parties responsible for daily site |
|
management, including staff that will be transferred; |
|
(C) off-site support structure; |
|
(D) plans for artifact and archival curation; |
|
(E) signed memoranda of understanding or |
|
memoranda of agreement with appropriate friends groups and |
|
volunteer organizations; and |
|
(F) emergency plans; |
|
(4) a maintenance plan, including maintenance and |
|
repair needs; |
|
(5) a marketing plan; |
|
(6) a business plan, including revenue and visitation |
|
goals; |
|
(7) a plan for compliance with: |
|
(A) Chapter 191, Natural Resources Code (the |
|
Antiquities Code of Texas); and |
|
(B) the National Historic Preservation Act (16 |
|
U.S.C. Section 470 et seq.); and |
|
(8) fiscal plans and budgets associated with |
|
Subdivisions (1) through (7) of this subsection. |
|
(g) An interim study committee shall review the base |
|
operating plan described by Subsection (f) of this section. The |
|
members of the interim committee shall be a subcommittee of the |
|
House Committee on Culture, Recreation, and Tourism appointed not |
|
later than September 1, 2007, by the chair of that house committee. |
|
The interim committee shall obtain feedback and information from |
|
professionals familiar with the work of the Parks and Wildlife |
|
Department, the Texas Historical Commission, the National Park |
|
Service, the Council of Texas Archeologists, professional |
|
archivists, park managers, and the tourism industry. The interim |
|
study committee shall report to the House Committee on Culture, |
|
Recreation, and Tourism on the results of the study conducted under |
|
this subsection not later than September 1, 2008. |
|
(h) Until a historic site is transferred to the Texas |
|
Historical Commission in accordance with this Act, the Parks and |
|
Wildlife Department shall continue to operate and maintain the site |
|
under applicable law as it existed on January 1, 2007. |
|
(i) The Parks and Wildlife Department and the Texas |
|
Historical Commission shall keep the House Committee on Culture, |
|
Recreation, and Tourism informed of the progress of the transfer of |
|
each historic site under this Act. |
|
(j) An employee of the Parks and Wildlife Department whose |
|
job responsibilities are more than 50 percent related to a historic |
|
site transferred to the Texas Historical Commission under this Act |
|
becomes an employee of the Texas Historical Commission on the date |
|
of the transfer of that site. An employee whose job is transferred |
|
may not be dismissed after the transfer except for cause before the |
|
first anniversary of the date of the transfer. |
|
SECTION 41. The name of the Peach Point Wildlife Management |
|
Area is changed to the Justin Hurst Wildlife Management Area. |
|
SECTION 42. (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. |