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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the Office of State-Federal |
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Relations as an independent agency and the transfer of the duties |
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and functions of that agency to the office of the governor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 751.001 through 751.004, Government |
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Code, are amended to read as follows: |
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Sec. 751.001. DEFINITIONS. In this chapter: |
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(1) "Executive director" ["Board" means the Office of
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State-Federal Relations Advisory Policy Board.
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[(2) "Director"] means the executive director of the |
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Office of State-Federal Relations. |
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(2) [(3)] "Office" means the Office of State-Federal |
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Relations. |
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(3) [(4)] "State agency" means a state board, |
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commission, department, institution, or officer having statewide |
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jurisdiction, including a state college or university. |
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Sec. 751.002. OFFICE OF STATE-FEDERAL RELATIONS. (a) The |
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Office of State-Federal Relations is a program within the office of |
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the governor. The governor shall provide guidance to the office and |
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direct the activities of the office [an agency of the state and
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operates within the executive department]. |
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(b) The office shall consult with the lieutenant governor |
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and the speaker of the house of representatives regarding relations |
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between the state and federal governments and shall inform the |
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legislative leadership of the office's progress on, and the status |
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of, federal issues, including federal funding and policy decisions. |
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[The office is subject to the administrative procedure law, Chapter
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2001.] |
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Sec. 751.003. SUNSET PROVISION. The Office of |
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State-Federal Relations is subject to Chapter 325 (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the office is abolished and this chapter expires September 1, 2015 |
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[2009]. [In the review of the office by the Sunset Advisory
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Commission, as required by this section, the sunset commission
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shall limit its review to the appropriateness of recommendations
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made to the 80th Legislature.
In its report to the 81st
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Legislature, the sunset commission may include any recommendations
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it considers appropriate.] |
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Sec. 751.004. APPOINTMENT AND TERM OF EXECUTIVE |
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DIRECTOR. (a) The governor[, with the advice and consent of the
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senate,] shall appoint the executive [a] director of the office. |
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The executive director is accountable to the governor. |
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(b) The executive director serves at the pleasure of the |
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governor. |
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SECTION 2. The heading to Section 751.005, Government Code, |
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is amended to read as follows: |
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Sec. 751.005. GENERAL POWERS AND DUTIES OF OFFICE |
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[DIRECTOR]. |
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SECTION 3. Section 751.005, Government Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (e) to |
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read as follows: |
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(a) The office [director] shall exercise the powers and |
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carry out the duties prescribed by this section in order to act as a |
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liaison from the state to the federal government. |
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(b) The office [director] shall: |
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(1) help coordinate state and federal programs dealing |
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with the same subject; |
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(2) inform the governor and the legislature of federal |
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programs that may be carried out in the state or that affect state |
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programs; |
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(3) provide federal agencies and the United States |
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Congress with information about state policy and state conditions |
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on matters that concern the federal government; |
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(4) provide the legislature with information useful in |
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measuring the effect of federal actions on the state and local |
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programs; |
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(5) prepare and supply to the governor and all members |
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of the legislature an annual report that: |
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(A) describes the office's operations; |
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(B) contains the office's priorities and |
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strategies for the following year; |
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(C) details projects and legislation pursued by |
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the office; |
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(D) discusses issues in the following |
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congressional session of interest to this state; and |
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(E) contains an analysis of federal funds |
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availability and formulae; [and] |
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(6) prepare annually a complete and detailed written |
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report accounting for all funds received and disbursed by the |
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office during the preceding fiscal year; |
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(7) notify the governor, the lieutenant governor, and |
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the speaker of the house of representatives of federal activities |
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relevant to the state and inform the Texas congressional delegation |
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of state activities; |
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(8) conduct frequent conference calls with the |
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lieutenant governor and the speaker of the house of representatives |
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or their designees regarding state-federal relations and programs; |
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(9) respond to requests for information from the |
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legislature, the United States Congress, and federal agencies; and |
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(10) coordinate with the Legislative Budget Board |
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regarding the effects of federal funding on the state budget. |
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(c) The office [director] may maintain office space at |
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locations inside and outside the state as chosen by the office |
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[director]. |
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(e) The priorities of the office, as stated in the report |
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required under Subsection (b)(5), must be approved by the governor |
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in consultation with the lieutenant governor and the speaker of the |
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house of representatives. The report must include an evaluation of |
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the performance of the office based on performance measures that |
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are developed by the governor in consultation with the lieutenant |
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governor and the speaker of the house of representatives. |
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SECTION 4. Sections 751.006(a) and (g), Government Code, |
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are amended to read as follows: |
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(a) The executive director may employ staff necessary to |
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carry out the [director's] powers and duties of the office under |
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this chapter. The executive director or the executive director's |
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designee shall provide to office employees, as often as necessary, |
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information regarding their qualification for employment under |
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this chapter and their responsibilities under applicable laws |
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relating to standards of conduct for state employees. |
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(g) The executive director and the staff of the office |
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working in Washington, D.C., may receive a [the same] |
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cost-of-living salary adjustment [as is established for an employee
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of another state agency under Section 751.012(d)]. |
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SECTION 5. Sections 751.012(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The office may enter into interagency contracts with |
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[other] state agencies to locate staff of the [other] state |
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agencies [agency] in Washington, D.C., to work under the |
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supervision of the executive director and shall coordinate |
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activities conducted on behalf of the state agencies [other agency] |
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with those of the office. |
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(c) A contract under this section must include provisions |
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under which staff of the [other] state agency: |
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(1) report directly to the [that] agency's |
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administrative head or the presiding officer of the [that] agency's |
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governing body; |
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(2) have an officially recognized role in the [that] |
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agency's budget planning process; and |
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(3) provide periodic updates of activities at meetings |
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of the [that] agency's governing body. |
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SECTION 6. Subchapter A, Chapter 751, Government Code, is |
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amended by adding Sections 751.015 and 751.016 to read as follows: |
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Sec. 751.015. CONTRACTS BETWEEN OFFICE AND CONSULTANTS. |
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(a) If the office elects to contract with federal-level government |
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relations consultants, the office shall adopt written procedures |
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for those contracts. The procedures must include: |
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(1) guidelines regarding contract management; |
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(2) a competitive procurement process and method to |
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assess the effectiveness of a prospective consultant; |
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(3) a technique for assigning a value to a prospective |
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consultant's ability to provide services at a reasonable price and |
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level of experience; |
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(4) a process for determining a prospective |
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consultant's ability to work with influential members of the United |
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States Congress and serve as an effective advocate on behalf of the |
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state; and |
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(5) a method to verify that the interests of a |
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prospective consultant or the consultant's other clients do not |
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create a conflict of interest that may jeopardize the state's |
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interest. |
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(b) A contract between the office and a federal-level |
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government relations consultant must include: |
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(1) an agreement regarding the goals of the service to |
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be provided by the consultant and targeted performance measures; |
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(2) a provision governing the manner in which the |
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contract may be terminated by the parties to the contract; and |
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(3) a provision allowing the office, the state |
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auditor's office as provided by Section 2262.003, and other |
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specified oversight entities to audit the contractor's performance |
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under the contract. |
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(c) The governor must sign any contract between the office |
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and a federal-level government relations consultant. |
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Sec. 751.016. CONTRACTS BY STATE AGENCIES OR POLITICAL |
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SUBDIVISIONS. (a) In this section, "political subdivision" |
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includes a river authority. |
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(b) An agency or political subdivision of the state shall |
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report to the office on any contract between the agency or |
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subdivision and a federal-level government relations consultant. A |
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state agency or political subdivision shall submit one report under |
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this section not later than the 30th day after the date the contract |
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is executed and a second report not later than the 30th day after |
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the date the contract is terminated. The report must include: |
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(1) the name of the consultant or consulting firm; |
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(2) the issue on which the consultant was hired to |
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consult; and |
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(3) the amount of compensation paid or to be paid to |
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the consultant under the contract. |
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(b-1) A state agency or political subdivision contracting |
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with a federal-level government relations consultant before |
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September 1, 2009, shall, if the contract has not terminated before |
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that date, submit a report as required by Subsection (b) not later |
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than September 30, 2009. This subsection expires September 1, |
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2010. |
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(c) If a state agency contracts with a federal-level |
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government relations consultant and the consultant subcontracts |
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the work to another firm or individual, the state agency shall |
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report the subcontract to the office. |
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SECTION 7. Sections 751.006(b), (c), (d), (e), and (f), |
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751.007, 751.008, 751.010, 751.011, 751.012(b), (e), and (f), |
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751.013, 751.014, and 751.024, Government Code, are repealed. |
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SECTION 8. (a) The Office of State-Federal Relations is |
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abolished as an independent agency and created as a program in the |
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office of the governor. The Office of State-Federal Relations |
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Advisory Policy Board is abolished. |
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(b) The validity of an action taken by the Office of |
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State-Federal Relations before it is abolished under Subsection (a) |
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of this section is not affected by the abolishment. |
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SECTION 9. On September 1, 2009: |
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(1) the director of the Office of State-Federal |
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Relations becomes the executive director of the Office of |
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State-Federal Relations in the office of the governor; |
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(2) an employee of the Office of State-Federal |
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Relations becomes an employee of the Office of State-Federal |
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Relations in the office of the governor; |
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(3) a reference in law to the Office of State-Federal |
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Relations means the Office of State-Federal Relations in the office |
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of the governor; |
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(4) all money, contracts, leases, rights, and |
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obligations of the Office of State-Federal Relations are |
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transferred to the Office of State-Federal Relations in the office |
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of the governor; |
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(5) all property, including records, in the custody of |
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the Office of State-Federal Relations becomes the property of the |
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Office of State-Federal Relations in the office of the governor; |
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and |
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(6) all funds appropriated by the legislature to the |
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Office of State-Federal Relations are transferred to the Office of |
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State-Federal Relations in the office of the governor. |
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SECTION 10. A function or activity performed by the Office |
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of State-Federal Relations is transferred to the Office of |
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State-Federal Relations in the office of the governor as provided |
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by this Act. |
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SECTION 11. The Office of State-Federal Relations and the |
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office of the governor shall establish a transition plan for the |
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transfer described in Section 9 of this Act. |
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SECTION 12. This Act takes effect September 1, 2009. |