INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The Self-Directed
Semi-Independent Agency Project Act (Article 8930, Revised Statutes) is
transferred to Subtitle E, Title 4, Government Code, redesignated as
Chapter 472, Government Code, and amended to read as follows:
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SECTION 1. The Self-Directed
Semi-Independent Agency Project Act (Article 8930, Revised Statutes) is
transferred to Subtitle E, Title 4, Government Code, redesignated as
Chapter 472, Government Code, and amended to read as follows:
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CHAPTER 472 [Art.
8930]. SELF-DIRECTED SEMI-INDEPENDENT AGENCIES.
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CHAPTER 472. Same as
introduced version.
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SUBCHAPTER A. GENERAL
PROVISIONS
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SUBCHAPTER A. GENERAL
PROVISIONS Same as introduced version.
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Sec. 472.001.
APPLICABILITY OF CHAPTER.
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Sec. 472.001.
APPLICABILITY OF CHAPTER. Same as introduced version.
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Sec. 472.002 [3]. DEFINITION.
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Sec. 472.002 [3]. DEFINITION.
Same as introduced version.
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SUBCHAPTER B. STATUS OF
AGENCIES
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SUBCHAPTER B. STATUS OF
AGENCIES Same as introduced version.
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Sec. 472.051 [4].
SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF AGENCIES [PILOT
PROJECT]. (a) Each [Notwithstanding any other provision of
law, each project] agency is [shall become] self-directed
and semi-independent as specified in this chapter [Act. To allow
the pilot project the opportunity to test the effectiveness of operating
under the provisions of this Act, any Act of the 78th Legislature that
relates to an agency included in Section 2 of this Act and that is
inconsistent with being self-directed and semi-independent may be
implemented on authorization by the governing board of the agency].
(b) Each [project]
agency is [shall continue to be] a state agency, as that term
is defined in Section 2001.003(7)[, Government Code].
(b-1) Except as otherwise
provided by this chapter, each agency is subject to a provision of law that
applies to state agencies, including:
(1) state purchasing
requirements under Subtitle D, Title 10;
(2) interagency transfer
voucher requirements under Section 2155.327;
(3) travel requirements
under Chapters 2171 and 2205, using amounts provided by the General
Appropriations Act to guide travel reimbursement rates; and
(4) prompt payment
requirements under Chapter 2251.
(c) The Sunset Advisory
Commission shall examine each agency's performance as a self-directed and
semi-independent agency and the agency's compliance with this chapter as
part of the commission's periodic review of the agency under [This
Act is subject to] Chapter 325[, Government Code] (Texas Sunset
Act)[. Unless continued in existence as provided by that chapter, this
Act expires September 1, 2013].
No
equivalent provision.
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Sec. 472.051 [4].
SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF AGENCIES [PILOT
PROJECT]. (a) Each [Notwithstanding any other provision of
law, each project] agency is [shall become] self-directed
and semi-independent as specified in this chapter [Act. To allow
the pilot project the opportunity to test the effectiveness of operating
under the provisions of this Act, any Act of the 78th Legislature that
relates to an agency included in Section 2 of this Act and that is
inconsistent with being self-directed and semi-independent may be
implemented on authorization by the governing board of the agency].
(b) Each [project]
agency is [shall continue to be] a state agency, as that term
is defined in Section 2001.003(7)[, Government Code].
(b-1) Except as otherwise
provided by this chapter, each agency is subject to a provision of law that
applies to state agencies, including:
(1) state purchasing
requirements under Subtitle D, Title 10;
(2) interagency transfer
voucher requirements under Section 2155.327;
(3) travel requirements
under Chapters 2171 and 2205, using amounts provided by the General
Appropriations Act to guide travel reimbursement rates; and
(4) prompt payment requirements
under Chapter 2251.
(c) The Sunset Advisory
Commission shall examine each agency's performance as a self-directed and
semi-independent agency and the agency's compliance with this chapter as
part of the commission's periodic review of the agency under [This
Act is subject to] Chapter 325[, Government Code] (Texas Sunset
Act)[. Unless continued in existence as provided by that chapter, this
Act expires September 1, 2013].
(d) Each agency shall pay
the cost incurred by the Sunset Advisory Commission in performing a review
of the agency under the agency's enabling legislation. The Sunset Advisory
Commission shall determine the cost, and the agency shall pay the amount
promptly on receipt of a statement from the Sunset Advisory Commission
detailing the cost.
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SUBCHAPTER C. POWERS AND
DUTIES OF AGENCIES
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SUBCHAPTER C. POWERS AND
DUTIES OF AGENCIES Same as introduced version.
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Sec. 472.101 [5].
GENERAL DUTIES OF ALL [PROJECT] AGENCIES.
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Sec. 472.101 [5].
GENERAL DUTIES OF ALL [PROJECT] AGENCIES. Same as introduced
version.
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Sec. 472.102 [6].
BUDGET.
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Sec. 472.102 [6].
BUDGET. Same as introduced version.
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Sec. 472.103 [7].
AUDITS.
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Sec. 472.103 [7].
AUDITS. Same as introduced version.
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Sec. 472.104 [8].
REPORTING REQUIREMENTS.
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Sec. 472.104 [8].
REPORTING REQUIREMENTS. Same as introduced version.
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Sec. 472.105 [9].
DISPOSITION OF FEES COLLECTED. If provided in an [a project]
agency's enabling legislation, the [project] agency shall collect a
professional fee of $200 from its license holders [licensees]
annually, which shall be remitted to the state. If provided in an
[a project] agency's enabling legislation, the [project]
agency shall collect a scholarship fee of $10 annually from its license
holders [licensees] and shall
remit it to the state.
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Sec. 472.105 [9].
DISPOSITION OF FEES COLLECTED. If provided in an [a project]
agency's enabling legislation, the [project] agency shall collect a
professional fee of $200 from its license holders [licensees]
annually, which shall be remitted to the state. If provided in an
[a project] agency's enabling legislation, the [project]
agency shall collect a scholarship fee of $10 annually from its license
holders [licensees and shall remit it
to the state].
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Sec. 472.106 [10].
GENERAL POWERS OF ALL [PROJECT] AGENCIES.
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Sec. 472.106 [10].
GENERAL POWERS OF ALL [PROJECT] AGENCIES. Same as introduced
version.
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Sec. 472.107 [11].
ABILITY TO CONTRACT.
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Sec. 472.107 [11].
ABILITY TO CONTRACT. Same as introduced version.
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Sec. 472.108 [12].
PROPERTY.
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Sec. 472.108 [12].
PROPERTY. Same as introduced version.
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Sec. 472.109 [13].
SUITS.
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Sec. 472.109 [13].
SUITS. Same as introduced version.
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Sec. 472.110 [14].
FEES AND DISPOSITION OF FUNDS. (a) Subject to the limitations, if any, in
the applicable enabling legislation, each [project] agency may set
the amount of fees by statute or rule as necessary for the purpose of
carrying out the functions of the [project] agency.
(b) All fees and funds
collected by an [a project] agency, [during the pilot
project and] any funds appropriated to the [project] agency,
and any other funds belonging to or under the control of an agency
shall be deposited in interest-bearing deposit accounts in the Texas
Treasury Safekeeping Trust Company. The comptroller shall contract with
the [project] agency for the maintenance of the deposit accounts
under terms comparable to a contract between a commercial banking
institution and its customers. An agency may not hold funds in an
account that is not under the control of the comptroller.
(c) An [A project]
agency shall use the comptroller's uniform statewide accounting system
under Chapter 2101 to make all payments [may retain each fiscal year
an amount of fines and other revenue the project agency receives during the
fiscal year as a result of enforcement actions that is equal to 20 percent
of the total amount expended by the project agency during the previous
fiscal year, not to exceed $1 million].
(d) An agency shall remit
all administrative penalties collected by the agency to the comptroller for
deposit in [At the end of each fiscal year 50 percent of the
unexpended balance of the amount retained in Subsection (c) of this section
shall be deposited to the credit of] the general revenue fund.
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Sec. 472.110 [14].
FEES AND DISPOSITION OF FUNDS. (a) Subject to the limitations, if any, in
the applicable enabling legislation, each [project] agency may set
the amount of fees by statute or rule as necessary for the purpose of
carrying out the functions of the [project] agency.
(b) All fees and funds
collected by an [a project] agency, [during the
pilot project and] any funds appropriated to the [project]
agency, and any other funds belonging to or under the control of an
agency shall be deposited in interest-bearing deposit accounts in the
Texas Treasury Safekeeping Trust Company. The comptroller shall contract
with the [project] agency for the maintenance of the deposit
accounts under terms comparable to a contract between a commercial banking
institution and its customers. An agency may not hold funds in an
account that is not under the control of the comptroller.
(c) An [A project]
agency shall use the comptroller's uniform statewide accounting system
under Chapter 2101 to make all payments, other
than direct payments from an agency's account to the Texas Treasury
Safekeeping Trust Company [may retain each fiscal year an
amount of fines and other revenue the project agency receives during the
fiscal year as a result of enforcement actions that is equal to 20 percent of
the total amount expended by the project agency during the previous fiscal
year, not to exceed $1 million].
(d) An agency shall remit
all administrative penalties collected by the agency to the comptroller for
deposit in [At the end of each fiscal year 50 percent of the
unexpended balance of the amount retained in Subsection (c) of this section
shall be deposited to the credit of] the general revenue fund.
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Sec. 472.111 [15].
POST-PARTICIPATION LIABILITY.
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Sec. 472.111 [15].
POST-PARTICIPATION LIABILITY. Same as introduced version.
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Sec. 472.112 [16].
OPEN GOVERNMENT.
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Sec. 472.112 [16].
OPEN GOVERNMENT. Same as introduced version.
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Sec. 472.113 [17].
MEMBERSHIP IN EMPLOYEES [EMPLOYEE] RETIREMENT SYSTEM.
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Sec. 472.113 [17].
MEMBERSHIP IN EMPLOYEES [EMPLOYEE] RETIREMENT SYSTEM. Same as
introduced version.
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Sec. 472.114 [18].
GIFTS.
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Sec. 472.114 [18].
GIFTS. Same as introduced version.
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No
equivalent provision.
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SECTION 2. Section 901.658,
Occupations Code, is amended to read as follows:
Sec. 901.658. FUNDING. The
board may:
(1) use without
appropriation, in accordance with [Article 8930, Revised Statutes,]
this subchapter[,] and Section 901.155, any money from the trust
fund established under Section 901.155; and
(2) accept gifts, grants,
and donations of real or personal property from any entity, subject to
limitations or conditions set by law, for the purposes of this subchapter.
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SECTION 2. Section 1001.507,
Occupations Code, is repealed.
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SECTION 3. Same as introduced
version.
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SECTION 3. Section
472.104(b), Government Code, as redesignated and amended by this Act,
applies only to a report originally due on or after the effective date of
this Act. A report originally due before the effective date of this Act is
governed by the law in effect on the date the report was originally due,
and the former law is continued in effect for that purpose.
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SECTION 4. Same as introduced
version.
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SECTION 4. Not later than
October 1, 2013, each agency, as that term is defined by Section 472.002,
Government Code, as redesignated and amended by this Act, shall transfer
any funds held in an account not under the control of the comptroller of
public accounts to an account that is under the control of the comptroller
of public accounts, as provided by Section 472.110(b), Government Code, as
redesignated and amended by this Act.
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SECTION 5. Same as introduced
version.
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SECTION 5. Sections
472.110(c) and (d), Government Code, as redesignated and amended by this
Act, and the repeal by this Act of Section 1001.507, Occupations Code,
apply only to an administrative penalty that is collected on or after the
effective date of this Act. An administrative penalty that is collected
before the effective date of this Act is governed by the law in effect on the
date the administrative penalty was collected, and the former law is
continued in effect for that purpose.
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SECTION 6. Same as introduced
version.
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SECTION 6. This Act takes
effect September 1, 2013.
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SECTION 7. Same as introduced
version.
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