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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation of the self-directed and |
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semi-independent status of the Texas State Board of Public |
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Accountancy, the Texas Board of Professional Engineers, and the |
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Texas Board of Architectural Examiners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Self-Directed Semi-Independent Agency |
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Project Act (Article 8930, Revised Statutes) is transferred to |
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Subtitle E, Title 4, Government Code, redesignated as Chapter 472, |
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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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SUBCHAPTER A. GENERAL PROVISIONS [AGENCY PROJECT ACT.
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[Sec.
1.
SHORT TITLE.
This Act shall be known as the
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Self-Directed Semi-Independent Agency Project Act.] |
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Sec. 472.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to [2.
AGENCY PARTICIPATION. The following agencies shall
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be part of the pilot project created by this Act]: |
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(1) the Texas State Board of Public Accountancy; |
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(2) the Texas Board of Professional Engineers; and |
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(3) the Texas Board of Architectural Examiners. |
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Sec. 472.002 [3]. DEFINITION. In this chapter [Act], |
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"[project] agency" means an agency listed in Section 472.001 [2 of
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this Act]. |
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SUBCHAPTER B. STATUS OF AGENCIES |
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Sec. 472.051 [4]. SELF-DIRECTED AND SEMI-INDEPENDENT |
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STATUS OF AGENCIES [PILOT PROJECT]. (a) Each [Notwithstanding any
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other provision of law, each project] agency is [shall become] |
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self-directed and semi-independent as specified in this chapter |
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[Act. To allow the pilot project the opportunity to test the
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effectiveness of operating under the provisions of this Act, any
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Act of the 78th Legislature that relates to an agency included in
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Section 2 of this Act and that is inconsistent with being
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self-directed and semi-independent may be implemented on
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authorization by the governing board of the agency]. |
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(b) Each [project] agency is [shall continue to be] a state |
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agency, as that term is defined in Section 2001.003(7)[, Government
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Code]. |
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(b-1) Except as otherwise provided by this chapter, each |
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agency is subject to a provision of law that applies to state |
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agencies, including: |
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(1) state purchasing requirements under Subtitle D, |
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Title 10; |
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(2) interagency transfer voucher requirements under |
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Section 2155.327; |
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(3) travel requirements under Chapters 2171 and 2205, |
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using amounts provided by the General Appropriations Act to guide |
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travel reimbursement rates; and |
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(4) prompt payment requirements under Chapter 2251. |
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(c) The Sunset Advisory Commission shall examine each |
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agency's performance as a self-directed and semi-independent |
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agency and the agency's compliance with this chapter as part of the |
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commission's periodic review of the agency under [This Act is
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subject to] Chapter 325[, Government Code] (Texas Sunset Act)[.
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Unless continued in existence as provided by that chapter, this Act
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expires September 1, 2013]. |
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(d) Each agency shall pay the cost incurred by the Sunset |
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Advisory Commission in performing a review of the agency under the |
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agency's enabling legislation. The Sunset Advisory Commission |
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shall determine the cost, and the agency shall pay the amount |
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promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SUBCHAPTER C. POWERS AND DUTIES OF AGENCIES |
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Sec. 472.101 [5]. GENERAL DUTIES OF ALL [PROJECT] AGENCIES. |
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In addition to the duties enumerated in the enabling legislation |
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specifically applicable to each [project] agency, each [project] |
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agency shall have the duties prescribed by Sections 472.102 [6] |
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through 472.105 [9 of this Act]. |
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Sec. 472.102 [6]. BUDGET. (a) An [A project] agency shall |
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adopt a budget annually using generally accepted accounting |
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principles. The budget shall be reviewed and approved only by the |
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[project] agency's governing board notwithstanding any other |
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provision of law, including the General Appropriations Act. No |
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costs shall be incurred by the general revenue fund. An [A project] |
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agency shall be responsible for all costs, both direct and |
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indirect. |
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(b) An [A project] agency shall keep financial and |
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statistical information as necessary to disclose completely and |
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accurately the financial condition and operation of the [project] |
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agency. |
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(c) The Texas State Board of Public Accountancy shall |
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annually remit $703,344 to the general revenue fund, the Texas |
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Board of Professional Engineers shall annually remit $373,900 to |
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the general revenue fund, and the Texas Board of Architectural |
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Examiners shall annually remit $510,000 to the general revenue |
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fund. |
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Sec. 472.103 [7]. AUDITS. Nothing in this chapter [Act] |
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shall affect the duty of the state auditor [State Auditor] to audit |
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an [a project] agency. The state auditor [State Auditor] shall |
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enter into a contract and schedule with each [project] agency to |
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conduct audits, including financial reports and performance |
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audits. Costs incurred in performing such audits shall be |
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reimbursed by the [project] agency. |
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Sec. 472.104 [8]. REPORTING REQUIREMENTS. (a) An [A
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project] agency shall submit to the legislature and the governor by |
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the first day of the regular session of the legislature a report |
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describing all of the agency's activities in the previous biennium. |
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The report shall include: |
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(1) an audit required by Section 472.103 [7 of this
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Act]; |
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(2) a financial report of the previous fiscal year; |
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(3) a description of any changes in licensing fees; |
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(4) a report on the number of examination candidates, |
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licensees, certificate holders, and enforcement activities and any |
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changes in those figures; and |
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(5) a description of all new rules adopted or |
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repealed. |
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(b) In addition to the reporting requirements of Subsection |
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(a) [of this section], each [project] agency shall report annually, |
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not later than November 1, to the governor, to the committee of each |
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house of the legislature that has jurisdiction over appropriations, |
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and to the Legislative Budget Board the following: |
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(1) the salary for all [project] agency personnel and |
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the total amount of per diem expenses and travel expenses paid for |
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all agency employees, including trend performance data for the |
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preceding five fiscal years; |
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(2) the total amount of per diem expenses and travel |
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expenses paid for each member of the governing body of each |
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[project] agency, including trend performance data for the |
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preceding five fiscal years; |
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(3) each [project] agency's operating plan covering a |
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period of two fiscal years; |
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(4) each agency's operating [and] budget, including |
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revenues and a breakdown of expenditures by program and |
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administrative expenses, showing: |
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(A) projected budget data for [covering] a period |
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of two fiscal years [two-year period]; and |
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(B) trend performance data for the preceding five |
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fiscal years; and |
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(5) trend performance data for the preceding five |
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fiscal years regarding: |
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(A) the number of full-time equivalent positions |
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at the agency; |
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(B) the number of complaints received from the |
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public and the number of complaints initiated by agency staff; |
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(C) the number of complaints dismissed and the |
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number of complaints resolved by enforcement action; |
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(D) the number of enforcement actions by sanction |
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type; |
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(E) the number of enforcement cases closed |
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through voluntary compliance; |
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(F) the amount of administrative penalties |
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assessed and the rate of collection of assessed administrative |
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penalties; |
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(G) the number of enforcement cases that allege a |
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threat to public health, safety, or welfare or a violation of |
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professional standards of care and the disposition of those cases; |
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(H) the average time to resolve a complaint; |
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(I) the number of license holders or regulated |
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persons broken down by type of license and license status, |
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including inactive status or retired status; |
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(J) the fee charged to issue and renew each type |
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of license, certificate, permit, or other similar authorization |
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issued by the agency; |
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(K) the average time to issue a license; |
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(L) litigation costs, broken down by |
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administrative hearings, judicial proceedings, and outside counsel |
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costs; and |
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(M) reserve fund balances [(4)
a detailed
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report of all revenue received and all expenses incurred by the
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project agency in the previous 12 months]. |
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Sec. 472.105 [9]. DISPOSITION OF FEES COLLECTED. If |
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provided in an [a project] agency's enabling legislation, the |
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[project] agency shall collect a professional fee of $200 from its |
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license holders [licensees] annually, which shall be remitted to |
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the state. If provided in an [a project] agency's enabling |
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legislation, the [project] agency shall collect a scholarship fee |
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of $10 annually from its license holders [licensees and shall remit
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it to the state]. |
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Sec. 472.106 [10]. GENERAL POWERS OF ALL [PROJECT] |
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AGENCIES. In addition to the powers enumerated in each [project] |
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agency's enabling legislation, each [project] agency shall have the |
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powers described in Sections 472.107 [11] through 472.110 [14 of
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this Act]. |
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Sec. 472.107 [11]. ABILITY TO CONTRACT. To carry out and |
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promote the objectives of this chapter, an [Act, a project] agency |
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may enter into contracts and do all other acts incidental to those |
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contracts that are necessary for the administration of its affairs |
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and for the attainment of its purposes. Any [; provided, however,
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that any] indebtedness, liability, or obligation of the [project] |
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agency shall not: |
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(1) create a debt or other liability of the state or |
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any other entity other than the [project] agency; or |
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(2) create any personal liability on the part of the |
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members of the board of the [project] agency or its employees. |
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Sec. 472.108 [12]. PROPERTY. An [A project] agency may |
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acquire by lease, and maintain, use, and operate, any real, |
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personal, or mixed property necessary to the exercise of the |
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powers, rights, privileges, and functions of the agency. |
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Sec. 472.109 [13]. SUITS. The office of the attorney |
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general shall represent an [a project] agency in any litigation. |
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The attorney general may assess and collect from the [project] |
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agency reasonable attorney's fees associated with any litigation |
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under this section. |
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Sec. 472.110 [14]. FEES AND DISPOSITION OF FUNDS. (a) |
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Subject to the limitations, if any, in the applicable enabling |
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legislation, each [project] agency may set the amount of fees by |
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statute or rule as necessary for the purpose of carrying out the |
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functions of the [project] agency. |
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(b) All fees and funds collected by an [a project] agency, |
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[during the pilot project and] any funds appropriated to the |
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[project] agency, and any other funds belonging to or under the |
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control of an agency shall be deposited in interest-bearing deposit |
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accounts in the Texas Treasury Safekeeping Trust Company. The |
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comptroller shall contract with the [project] agency for the |
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maintenance of the deposit accounts under terms comparable to a |
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contract between a commercial banking institution and its |
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customers. An agency may not hold funds in an account that is not |
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under the control of the comptroller. |
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(c) An [A project] agency shall use the comptroller's |
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uniform statewide accounting system under Chapter 2101 to make all |
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payments, other than direct payments from an agency's account to |
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the Texas Treasury Safekeeping Trust Company [may retain each
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fiscal year an amount of fines and other revenue the project agency
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receives during the fiscal year as a result of enforcement actions
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that is equal to 20 percent of the total amount expended by the
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project agency during the previous fiscal year, not to exceed $1
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million]. |
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(d) An agency shall remit all administrative penalties |
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collected by the agency to the comptroller for deposit in [At the
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end of each fiscal year 50 percent of the unexpended balance of the
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amount retained in Subsection (c) of this section shall be
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deposited to the credit of] the general revenue fund. |
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Sec. 472.111 [15]. POST-PARTICIPATION LIABILITY. (a) If a |
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state agency no longer has status under this chapter [Act] as a |
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self-directed semi-independent [project] agency [either because of
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the expiration of this Act or] for any [other] reason, the state |
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agency shall be liable for any expenses or debts incurred by the |
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state agency during the time the state agency had status as a |
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self-directed semi-independent agency [participated in the pilot
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project]. The state agency's liability under this section includes |
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liability for any lease entered into by the state agency. The state |
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is not liable for any expense or debt covered by this subsection, |
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and money from the general revenue fund may not be used to repay the |
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expense or debt. |
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(b) If a state agency no longer has status under this |
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chapter [Act] as a self-directed semi-independent [project] agency |
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[either because of the expiration of this Act or] for any [other] |
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reason, ownership of any property or other asset acquired by the |
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state agency during the time the state agency had status as a |
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self-directed semi-independent agency [participated in the pilot
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project], including unexpended fees in a deposit account in the |
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Texas Treasury Safekeeping Trust Company, shall be transferred to |
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the state. |
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Sec. 472.112 [16]. OPEN GOVERNMENT. Subject to the |
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confidentiality provisions of an [a project] agency's enabling |
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legislation: |
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(1) meetings of the [project] agency are subject to |
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Chapter 551[, Government Code]; and |
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(2) records maintained by the [project] agency are |
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subject to Chapter 552[, Government Code]. |
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Sec. 472.113 [17]. MEMBERSHIP IN EMPLOYEES [EMPLOYEE] |
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RETIREMENT SYSTEM. Employees of the [project] agencies are members |
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of the Employees Retirement System of Texas under Chapter 812, |
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[Government Code,] and the agencies' [transition to] independent |
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status shall have no effect on their membership. |
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Sec. 472.114 [18]. GIFTS. (a) Notwithstanding other law, |
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an [a project] agency may not accept a gift, grant, or donation: |
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(1) from a party to an enforcement action; or |
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(2) to pursue a specific investigation or enforcement |
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action. |
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(b) An [A project] agency must: |
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(1) report each gift, grant, or donation that the |
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agency receives as a separate item in the agency's detailed report |
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under Section 472.104(b) [8(b) of this Act]; and |
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(2) include with the report a statement indicating the |
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purpose for which each gift, grant, or donation was used. |
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SECTION 2. Section 901.658, Occupations Code, is amended to |
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read as follows: |
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Sec. 901.658. FUNDING. The board may: |
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(1) use without appropriation, in accordance with |
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[Article 8930, Revised Statutes,] this subchapter[,] and Section |
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901.155, any money from the trust fund established under Section |
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901.155; and |
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(2) accept gifts, grants, and donations of real or |
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personal property from any entity, subject to limitations or |
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conditions set by law, for the purposes of this subchapter. |
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SECTION 3. Section 1001.507, Occupations Code, is repealed. |
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SECTION 4. Section 472.104(b), Government Code, as |
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redesignated and amended by this Act, applies only to a report |
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originally due on or after the effective date of this Act. A report |
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originally due before the effective date of this Act is governed by |
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the law in effect on the date the report was originally due, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. Not later than October 1, 2013, each agency, as |
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that term is defined by Section 472.002, Government Code, as |
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redesignated and amended by this Act, shall transfer any funds held |
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in an account not under the control of the comptroller of public |
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accounts to an account that is under the control of the comptroller |
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of public accounts, as provided by Section 472.110(b), Government |
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Code, as redesignated and amended by this Act. |
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SECTION 6. Sections 472.110(c) and (d), Government Code, as |
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redesignated and amended by this Act, and the repeal by this Act of |
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Section 1001.507, Occupations Code, apply only to an administrative |
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penalty that is collected on or after the effective date of this |
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Act. An administrative penalty that is collected before the |
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effective date of this Act is governed by the law in effect on the |
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date the administrative penalty was collected, and the former law |
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is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |