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A BILL TO BE ENTITLED
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AN ACT
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relating to gifts and other consideration made to state agencies |
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for state employee salary supplement or other purposes, and to |
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publication by state agencies of staff compensation and related |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 659, Government Code, is |
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amended by adding Sections 659.0201, 659.0202, and 659.026 to read |
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as follows: |
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Sec. 659.0201. GIFTS, GRANTS, AND DONATIONS FOR SALARY |
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SUPPLEMENT; REPORTING. (a) In this section, "state agency" |
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means a board, commission, department, institute, office, or |
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other agency in the executive branch of state government that is |
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created by the constitution or a statute of this state, not |
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including an institution of higher education as defined by Section |
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61.003, Education Code. |
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(b) The state agency shall post on the agency's Internet |
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website in accordance with the schedule and in the manner required |
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by the state auditor: |
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(1) the amount of each gift, grant, donation, or other |
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consideration provided by any person to be used as a salary |
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supplement for an employee of the agency; and |
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(2) the methodology, including any employment market |
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analysis, the person described by Subsection (b) used to determine |
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the amount the person provided for the salary supplement. |
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(c) The state agency by rule shall adopt conflict of |
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interest provisions regarding the acceptance by the agency of a |
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gift, grant, donation, or other consideration to be used as a salary |
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supplement for an employee of the agency. The agency shall post the |
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conflict of interest provisions on the agency's Internet website. |
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(d) If the person making a gift, grant, or donation or |
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providing other consideration to the state agency is an entity |
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created solely to provide support for the state agency, the entity |
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shall report to the agency: |
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(1) the name of each person who makes gifts, grants, or |
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donations, or provides other consideration to the entity, in an |
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amount or having a value that exceeds $10,000; and |
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(2) the amount or value of each specific gift, grant, |
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donation, or other consideration. |
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(e) The state auditor shall adopt a schedule and format for |
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reporting information required by this section. |
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(f) Each state agency receiving a gift, grant, donation, or |
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other consideration from a person to be used as a salary supplement |
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shall report the following information to the state auditor in the |
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form determined by the state auditor: |
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(1) whether the person making the gift, grant, or |
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donation or providing other consideration to the state agency is an |
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individual or an entity; |
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(2) if the person is an entity, the type of entity; |
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(3) if the entity is a nonprofit entity or |
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organization, whether the entity is classified as a supporting |
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organization by the Internal Revenue Service; |
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(4) if the entity is classified as a supporting |
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organization by the Internal Revenue Service, the type of |
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supporting organization, the name of the supported organization, |
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and any other information relating to that classification; |
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(5) any internal or external oversight procedures the |
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state agency has established to monitor the use of any gift, grant, |
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donation, or other consideration the agency receives; and |
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(6) how the state agency uses gifts, grants, |
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donations, and other consideration the agency receives, including |
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whether they are used to provide salary supplements for agency |
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employees. |
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(g) The state auditor shall compile the information |
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received under Subsection (f) into a report and submit the report to |
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the legislature. |
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Sec. 659.0202. GIFTS, GRANTS, AND DONATIONS TO INSTITUTIONS |
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OF HIGHER EDUCATION FOR SALARY SUPPLEMENT. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(2) "Gift" includes a gift, grant, donation, or other |
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consideration. |
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(b) An institution of higher education may not accept a |
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gift, including a gift for the support of a professorship, chair, or |
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similar position, if the terms of the gift require that it be used |
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to support the salary of a named individual. |
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(c) An employee of an institution of higher education may |
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not accept any payment made directly to the employee that is: |
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(A) compensation for the performance of the |
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employee's duties on behalf of institution; and |
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(B) not accounted for by the institution or |
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otherwise subject to oversight by the institution. |
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Sec. 659.026. INFORMATION REGARDING STAFF COMPENSATION. |
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(a) In this section: |
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(1) "Compensation" includes an emolument provided in |
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lieu of base salary or wages or a supplement to base salary or |
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wages. |
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(2) "Executive staff" means: |
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(A) the director, executive director, |
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commissioner, administrator, or other individual who is appointed |
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by the governing body of a state agency or by another state officer |
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to act as the chief executive or administrative head of the agency |
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and who is not an appointed officer; and |
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(B) other management or senior level staff |
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members of a state agency who directly report to the individual |
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listed in Subdivision (2)(A). |
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(3) "State agency" means a board, commission, |
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department, institute, office, or other agency in the executive |
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branch of state government that is created by the constitution or a |
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statute of this state, including an institution of higher education |
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as defined by Section 61.003, Education Code. |
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(b) A state agency shall make available to the public by |
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posting on the agency's Internet website: |
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(1) the number of full-time equivalent employees |
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employed by the agency; |
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(2) the amount of legislative appropriations to the |
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agency for each fiscal year of the current state fiscal biennium; |
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(3) the agency's methodology, including any employment |
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market analysis, for determining the compensation of executive |
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staff employed by the agency, along with the name of the person and |
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the person's position who selected the methodology; |
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(4) whether executive staff are eligible for a salary |
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supplement; |
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(5) the market average for compensation of similar |
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executive staff in the private and public sectors; |
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(6) the average compensation paid to employees |
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employed by the agency who are not executive staff; and |
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(7) the percentage increase in compensation of |
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executive staff for each fiscal year of the five preceding fiscal |
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years and the percentage increase in legislative appropriations to |
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the agency each fiscal year of the five preceding fiscal years. |
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SECTION 2. Section 659.0202, Government Code, as added by |
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this Act, applies only to gifts accepted on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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