82R12073 MTB-D

By: Otto H.B. No. 3665

A BILL TO BE ENTITLED

AN ACT

relating to state fiscal matters related to general government.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES

GENERALLY

SECTION 1.01. This article applies to any state agency that receives an appropriation under Article I of the General Appropriations Act.

SECTION 1.02. Notwithstanding any other statute of this state, each state agency to which this article applies is authorized to reduce or recover expenditures by:

(1) consolidating any reports or publications the agency is required to make and filing or delivering any of those reports or publications exclusively by electronic means;

(2) extending the effective period of any license, permit, or registration the agency grants or administers;

(3) entering into a contract with another governmental entity or with a private vendor to carry out any of the agency's duties;

(4) adopting additional eligibility requirements for persons who receive benefits under any law the agency administers to ensure that those benefits are received by the most deserving persons consistent with the purposes for which the benefits are provided;

(5) providing that any communication between the agency and another person and any document required to be delivered to or by the agency, including any application, notice, billing statement, receipt, or certificate, may be made or delivered by e-mail or through the Internet; and

(6) adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions.

ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE

FACILITIES

SECTION 2.01. The heading to Section 2165.2035, Government Code, is amended to read as follows:

Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; USE AFTER HOURS.

SECTION 2.02. Subchapter E, Chapter 2165, Government Code, is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to read as follows:

Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission may lease to a private individual an individual parking space in a state-owned parking lot or garage located in the city of Austin that the commission determines is not needed to accommodate the regular parking requirements of state employees who work near the lot or garage and visitors to nearby state government offices.

(b) Money received from a lease under this section shall be deposited to the credit of the general revenue fund.

Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission may lease to an institution of higher education or a local government all or a significant block of a state-owned parking lot or garage located in the city of Austin that the commission determines is not needed to accommodate the regular parking requirements of state employees who work near the lot or garage and visitors to nearby state government offices.

(b) Money received from a lease under this section shall be deposited to the credit of the general revenue fund.

Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before October 1 of each even-numbered year, the commission shall submit a report to the Legislative Budget Board describing the effectiveness of parking programs developed by the commission under this subchapter. The report must, at a minimum, include:

(1) the yearly revenue generated by the programs;

(2) the yearly administrative and enforcement costs of each program;

(3) yearly usage statistics for each program; and

(4) initiatives and suggestions by the commission to:

(A) modify administration of the programs; and

(B) increase revenue generated by the programs.

SECTION 2.03. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 3. STATE DEBT

SECTION 3.01. Chapter 1231, Government Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND

Sec. 1231.151. DEFINITIONS. In this subchapter:

(1) "Maximum annual debt service" means the limitation on annual debt service imposed by Section 49-j(a), Article III, Texas Constitution.

(2) "State debt payable from the general revenue fund" has the meaning assigned by Section 49-j(b), Article III, Texas Constitution.

(3) "Unissued debt" means state debt payable from the general revenue fund that has been authorized but not issued.

Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the annual debt service in a state fiscal year on state debt payable from the general revenue fund for purposes of determining whether additional state debt may be authorized without exceeding the maximum annual debt service, the board may employ any assumptions related to unissued debt that the board determines are necessary to reflect common or standard debt issuance practices authorized by law, including assumptions regarding:

(1) interest rates;

(2) debt maturity; and

(3) debt service payment structures.

Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall publish during each state fiscal year a report providing a detailed description of the method used to compute the annual debt service in that fiscal year on state debt payable from the general revenue fund for purposes of determining whether additional state debt may be authorized. The report must describe:

(1) the debt service included in the computation, including debt service on issued and unissued debt;

(2) the assumptions on which the debt service on unissued debt was based; and

(3) any other factors required by law that affect the computation.

(b) The board may publish the report required by this section as a component of any other report required by law, including the annual report required by Section 1231.102, or as an independent report. The board shall make the report available to the public.

SECTION 3.02. The Bond Review Board shall publish the initial report required by Section 1231.153, Government Code, as added by this article, during the state fiscal year beginning September 1, 2011.

SECTION 3.03. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 4. ELECTRONIC PAYMENTS

SECTION 4.01. Section 403.016, Government Code, is amended to read as follows:

Sec. 403.016. ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY CARDS. (a) The comptroller shall establish and operate an electronic funds transfer system in accordance with this section. The comptroller may use the services of financial institutions, automated clearinghouses, and the federal government to establish and operate the electronic funds transfer system. The comptroller also shall establish and operate an efficient and effective system of making payments by electronic pay card.

(b) The comptroller shall use either the electronic funds transfer system or an electronic pay card to pay an employee's net state salary and travel expense reimbursements [unless:

[(1) the employee does not hold a classified position under the state's position classification plan and the employee's gross state salary is less than the gross state salary for a position classified to group 8, step 1, of the state position classification plan; or

[(2) the employee holds a classified position under the state's position classification plan that is classified below group 8].

(c) The comptroller shall use either the electronic funds transfer system or an electronic pay card to make:

(1) payments [of more than $100] to annuitants by the Employees Retirement System of Texas or the Teacher Retirement System of Texas under either system's administrative jurisdiction and payments to annuitants of any other retirement system who are paid from funds in the state treasury;

(2) recurring payments to municipalities, counties, political subdivisions, special districts, and other governmental entities of this state; and

(3) payments to vendors who choose to receive payment through the electronic funds transfer system or an electronic pay card rather than by warrant.

(d) If the comptroller is not required by this section to use either the electronic funds transfer system or an electronic pay card to pay a person, the comptroller may use the electronic funds transfer system or an electronic pay card to pay the person on the person's request.

(e)(1) [(f)(1)] Except as provided by Subdivisions (2) and (4) and subject to any limitation in rules adopted by the comptroller, an automated clearinghouse, or the federal government, the comptroller may use the electronic funds transfer system to deposit payments only to one or more accounts of a payee at one or more financial institutions, including credit unions.

(2) The comptroller may also use the electronic funds transfer system to deposit a portion of an employee's gross pay into the employee's account at a credit union as prescribed by Subchapter G, Chapter 659.

(3) A single electronic funds transfer may contain payments to multiple payees. Individual transfers or warrants are not required for each payee.

(4) The comptroller may also use the electronic funds transfer system to deposit a portion of an employee's gross pay into an account of an eligible state employee organization for a membership as prescribed by Subchapter G, Chapter 659.

(f) [(g)] When a law requires the comptroller to make a payment by warrant, the comptroller may instead make the payment through the electronic funds transfer system or by electronic pay card. The comptroller's use of the electronic funds transfer system, an electronic pay card, or any other payment means does not create a right that would not have been created if a warrant had been issued.

(g) [(h) Notwithstanding any requirement in this section to make a payment through the electronic funds transfer system, the comptroller shall issue a warrant to pay a person if:

[(1) the person properly notifies the comptroller that:

[(A) receiving the payment by electronic funds transfer would be impractical to the person;

[(B) receiving the payment by electronic funds transfer would be more costly to the person than receiving the payment by warrant;

[(C) the person is unable to establish a qualifying account at a financial institution to receive electronic funds transfers; or

[(D) the person chooses to receive the payment by warrant; or

[(2) the state agency on whose behalf the comptroller makes the payment properly notifies the comptroller that:

[(A) making the payment by electronic funds transfer would be impractical to the agency; or

[(B) making the payment by electronic funds transfer would be more costly to the agency than making the payment by warrant.

[(i)] Notwithstanding any requirement in this section to make a payment through the electronic funds transfer system or by electronic pay card, the comptroller may make a payment by warrant if the comptroller determines after conducting a cost analysis that[:

[(1) using the electronic funds transfer system would be impractical to the state; or

[(2)] the cost to the state of using the electronic funds transfer or electronic pay card system would exceed the cost of issuing a warrant. The comptroller shall submit to the Legislative Budget Board the cost analysis supporting each determination made by the comptroller under this subsection.

(h) [(j)] The comptroller shall adopt rules to administer this section, including rules relating to allowing recipients of state payments to choose at appropriate times between receiving payment through the electronic funds transfer system, by electronic pay card, or by warrant [the notifications that may be provided to the comptroller under Subsection (h)].

SECTION 4.02. Subchapter B, Chapter 403, Government Code, is amended by adding Section 403.0161 to read as follows:

Sec. 403.0161. CONTRACTS FOR ELECTRONIC PAY CARD SERVICES. The comptroller shall contract with one or more vendors for the provision of electronic pay card services. A contract under this section must be by competitive bid. The comptroller shall specify the qualifications for bidders, which must include requirements that the entity that issues the pay card must:

(1) be federally insured or possess sufficient financial resources to ensure protection of payees; and

(2) demonstrate adequate 24-hour customer service to ensure that all payees are able to reasonably access their funds worldwide at any time.

SECTION 4.03. Section 659.084, Government Code, is amended to read as follows:

Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for state officers and employees paid once a month shall be paid through electronic funds transfer under Section 403.016 unless paid on an electronic pay card [warrant] as permitted under that section.

SECTION 4.04. This article takes effect January 1, 2012.

ARTICLE 5. FISCAL MATTERS RELATING TO SECRETARY OF STATE

SECTION 5.01. Section 405.014, Government Code, is amended to read as follows:

Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each session of the legislature the secretary of state shall obtain the bills that have become law. Immediately after the closing of each session of the legislature, the secretary of state shall bind all enrolled bills and resolutions in volumes on which the date of the session is placed.

(b) As soon as practicable after the closing of each session of the legislature, the secretary of state shall publish and maintain electronically the bills enacted at that session. The electronic publication must be:

(1) indexed by bill number and assigned chapter number for each bill; and

(2) made available by an electronic link on the secretary of state's generally accessible Internet website.

SECTION 5.02. Subchapter B, Chapter 2158, Government Code, is repealed.

SECTION 5.03. The change in law made by this article does not apply to a contract for the publication of the laws of this state entered into before the effective date of this article.

SECTION 5.04. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 6. FISCAL MATTERS REGARDING ATTORNEY GENERAL

SECTION 6.01. Section 402.006, Government Code, is amended by adding Subsection (e) to read as follows:

(e) The attorney general may charge a reasonable fee for the electronic filing of a document.

SECTION 6.02. The heading to Section 402.0212, Government Code, is amended to read as follows:

Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE COUNSEL; FEES.

SECTION 6.03. Section 402.0212, Government Code, is amended by amending Subsections (b) and (c) and adding Subsections (d), (e), and (f) to read as follows:

(b) At the request of a party to a contract described by Subsection (a), the attorney general shall review an invoice submitted to a state agency under the contract to determine whether the invoice is eligible for payment. The attorney general may charge the party requesting the review a reasonable fee for the review.

(c) The attorney general may, at the attorney general's discretion, review an invoice submitted to a state agency under a contract described by Subsection (a).

(d) For purposes of this section, the functions of a hearing examiner, administrative law judge, or other quasi-judicial officer are not considered legal services.

(e) Subsections (a) and (d) do [(c) This section shall] not apply to the Texas Turnpike Authority division of the Texas Department of Transportation.

(f) The attorney general may adopt rules as necessary to implement and administer this section.

SECTION 6.04. Section 371.051, Transportation Code, is amended to read as follows:

Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll project entity may not enter into a comprehensive development agreement unless the attorney general reviews the proposed agreement and determines that it is legally sufficient.

(b) The attorney general may charge a toll project entity a reasonable fee for the review described in Subsection (a).

(c) If the toll project entity submits multiple proposed comprehensive development agreements relating to the same toll project for review, the entity shall pay the fee under Subsection (b) for each proposed comprehensive development agreement.

(d) The toll project entity may collect or seek reimbursement of the fee under Subsection (b) from the private participant under the proposed comprehensive development agreement.

(e) The attorney general may adopt rules necessary to implement and administer this section.

SECTION 6.05. The fee prescribed by Section 402.006, Government Code, as amended by this article, applies only to a document electronically submitted to the office of the attorney general on or after the effective date of this article.

SECTION 6.06. The fee prescribed by Section 402.0212, Government Code, as amended by this article, applies only to invoices for legal services submitted to the office of the attorney general for review on or after the effective date of this article.

SECTION 6.07. The fee prescribed by Section 371.051, Transportation Code, as amended by this article, applies only to a comprehensive development agreement submitted to the office of the attorney general on or after the effective date of this article.

SECTION 6.08. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 7. TEXAS PRESERVATION TRUST FUND ACCOUNT

SECTION 7.01. Sections 442.015(a), (b), and (f), Government Code, are amended to read as follows:

(a) Notwithstanding Section [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, income earned [earnings] on money in the account, and any other money received under this section. Money in [Distributions from] 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. Income earned [Earnings] on money in the account shall be deposited to the credit of the account.

(b) The commission may use money in [distributions from] 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 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 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 this section [Subsections (a)-(e)].

SECTION 7.02. Sections 442.015(h), (i), (j), (k), and (l), Government Code, are repealed.

SECTION 7.03. The comptroller and the Texas Historical Commission shall enter into a memorandum of understanding to facilitate the conversion of assets of the Texas preservation trust fund account into cash for deposit into the state treasury using a method that provides for the lowest amount of revenue loss to the state.

SECTION 7.04. This article takes effect November 1, 2011.

ARTICLE 8. FISCAL MATTERS REGARDING OPERATION OF STATE CEMETERY

SECTION 8.01. Section 2165.256(a), Government Code, is amended to read as follows:

(a) The State Cemetery Committee shall oversee all operations of the State Cemetery. The committee shall develop a budget for the operations of the State Preservation Board [commission] relating to the State Cemetery and determine the salary of employees of the State Preservation Board [commission] whose duties primarily relate to the operation of the State Cemetery.

SECTION 8.02. Sections 2165.2561(a), (k), (l), (p), (q), (r), and (t), Government Code, are amended to read as follows:

(a) The State Cemetery Committee is composed of:

(1) three voting members appointed as follows:

(A) one member of the general public appointed by the governor;

(B) one member of the general public appointed by the governor from a list submitted by the lieutenant governor; and

(C) one member of the general public appointed by the governor from a list submitted by the speaker of the house of representatives; and

(2) three nonvoting advisory members appointed as follows:

(A) one employee of the Texas Historical Commission appointed by the executive director of the Texas Historical Commission;

(B) one employee of the State Preservation Board [Texas Building and Procurement Commission] appointed by the executive director of the State Preservation Board [Texas Building and Procurement Commission]; and

(C) one employee of the Parks and Wildlife Department appointed by the executive director of the Parks and Wildlife Department.

(k) The legislature shall separately appropriate money to the committee within the appropriations to the State Preservation Board [Texas Building and Procurement Commission] for all matters relating to the operation of the State Cemetery. Activities relating to maintenance of the State Cemetery grounds and monuments shall conform to guidelines for historic preservation submitted to the committee by the Texas Historical Commission.

(l) Funds appropriated to the State Preservation Board [Texas Building and Procurement Commission] may be transferred by interagency contract for the performance of, at the direction of the committee, an act related to the State Cemetery.

(p) If the executive director of the State Preservation Board [commission] has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the committee of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the committee, who shall then notify the governor and the attorney general that a potential ground for removal exists.

(q) The executive director of the State Preservation Board [commission] or the executive director's designee shall provide to members of the committee, as often as necessary, information regarding the requirements for office under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.

(r) A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program that complies with this subsection. The training program must provide the person with information regarding:

(1) the legislation that created the State Cemetery and the State Cemetery Committee;

(2) the programs operated by the committee;

(3) the role and functions of the committee;

(4) the rules of the committee, with an emphasis on any rules that relate to disciplinary and investigatory authority;

(5) the current budget for the committee;

(6) the results of the most recent formal audit of cemetery operations;

(7) the requirements of:

(A) the open meetings law, Chapter 551;

(B) the public information law, Chapter 552;

(C) the administrative procedure law, Chapter 2001; and

(D) other laws relating to public officials, including conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the State Preservation Board [commission], the committee, or the Texas Ethics Commission.

(t) The committee shall develop and implement policies that clearly separate the policymaking responsibilities of the committee and the management responsibilities of the executive director of the State Preservation Board [commission] and staff of the cemetery.

SECTION 8.03. (a) Not later than January 1, 2012, the following are transferred from the Texas Facilities Commission to the State Preservation Board:

(1) the powers, duties, functions, programs, and activities of the Texas Facilities Commission relating to the operation of the State Cemetery under Sections 2165.256 and 2165.2561, Government Code;

(2) any obligations and contracts of the Texas Facilities Commission that are directly related to implementing a power, duty, function, program, or activity transferred under this subsection; and

(3) all property and records in the custody of the Texas Facilities Commission that are related to a power, duty, function, program, or activity transferred under this subsection and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(b) The executive director of the State Preservation Board and the executive director of the Texas Facilities Commission may agree by memorandum of understanding to transfer to the State Preservation Board any personnel of the Texas Facilities Commission whose functions predominantly involve powers, duties, obligations, functions, and activities related to the operation of the State Cemetery under Sections 2165.256 and 2165.2561, Government Code.

(c) A reference in law to the Texas Facilities Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section means the State Preservation Board.

SECTION 8.04. The Texas Facilities Commission and the State Preservation Board shall enter into a memorandum of understanding that:

(1) identifies in detail the applicable powers and duties that are transferred by this article; and

(2) establishes a plan for the identification and transfer of the records, personnel, property, and unspent appropriations of the Texas Facilities Commission that are used for purposes of the commission's powers and duties directly related to the operation of the State Cemetery under Sections 2165.256 and 2165.2561, Government Code.

ARTICLE 9. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY

SECTION 9.01. Section 2054.380, Government Code, is amended to read as follows:

Sec. 2054.380. FEES. (a) The department shall set and charge a fee to each state agency that receives a service from a statewide technology center in an amount sufficient to cover the direct and indirect cost of providing the service.

(b) Revenue derived from the collection of fees imposed under Subsection (a) may be appropriated to the department for:

(1) developing statewide information resources technology policies; and

(2) providing shared information resources technology services.

SECTION 9.02. Section 2157.068(d), Government Code, is amended to read as follows:

(d) The department may charge a reasonable administrative fee to a state agency, political subdivision of this state, or governmental entity of another state that purchases commodity items through the department in an amount that is sufficient to recover costs associated with the administration of this section. Revenue derived from the collection of fees imposed under this subsection may be appropriated to the department for:

(1) developing statewide information resources technology policies; and

(2) providing shared information resources technology services.

SECTION 9.03. Section 2170.057(d), Government Code, is amended to read as follows:

(d) The department shall maintain in the revolving fund account sufficient amounts to pay the bills of the consolidated telecommunications system and the centralized capitol complex telephone system. The department shall certify amounts that exceed this amount to the comptroller, and the comptroller shall transfer the excess amounts to the credit of the general revenue fund. The amounts transferred under this subsection may be appropriated to the department for:

(1) developing statewide information resources technology policies; and

(2) providing:

(A) shared information resources technology services; and

(B) network security services under Chapter 2059 [statewide network applications account established by Section 2054.011].

SECTION 9.04. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2011.

ARTICLE 10. EFFECTIVE DATE

SECTION 10.01. Except as otherwise provided by this Act, this Act takes effect September 1, 2011.