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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 12 (gifts and other |
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consideration made to state agencies for state employee salary |
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supplement or other purposes and to publication by state agencies |
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of staff compensation and related information) to consider and take |
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action on the following matters: |
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(1) House Rule 13, Sections 9(a)(1) and (3), are suspended |
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to permit the committee to change, alter, or amend text and to add |
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text on a matter not in disagreement by adding the following to |
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Section 659.0201, Government Code, in SECTION 1 of the bill: |
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(b) A state agency that accepts a gift, grant, donation, or |
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other consideration from a person that the person designates to be |
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used as a salary supplement for an employee of the agency shall post |
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on the agency's Internet website, in addition to the information |
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required by Section 659.026, the amount of each gift, grant, |
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donation, or other consideration provided by the person that is |
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designated to be used as a salary supplement for an employee of the |
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agency. The agency may not post the name of the person. |
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Explanation: The change is necessary to clarify which state |
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agencies have to post certain information relating to a gift, |
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grant, donation, or other consideration the agency receives on the |
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agency's Internet website and to clarify the information that the |
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agency is prohibited from posting. |
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(2) House Rule 13, Sections 9(a)(1) and (3), are suspended |
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to permit the committee to change, alter, or amend text and to add |
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text on a matter not in disagreement by adding the following to |
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Section 659.0201, Government Code, in SECTION 1 of the bill: |
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(c) A state agency described by Subsection (b) by rule shall |
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adopt conflict of interest provisions regarding the acceptance by |
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the agency of a gift, grant, donation, or other consideration to be |
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used as a salary supplement for an employee of the agency. The |
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governing board of an institution of higher education shall adopt |
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the conflict of interest provisions required by this subsection in |
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the same manner as the board adopts other policies applicable to the |
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institution. The agency shall post the conflict of interest |
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provisions on the agency's Internet website. |
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Explanation: The change is necessary to clarify the |
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application of the provisions to institutions of higher education. |
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(3) House Rule 13, Sections 9(a)(1) and (3), are suspended |
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to permit the committee to change, alter, or amend text and to add |
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text on a matter not in disagreement by adding the following to |
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Section 659.0201(d)(1), Government Code, in SECTION 1 of the bill: |
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"unless the person has made a request to the entity to remain |
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anonymous". |
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Explanation: The change is necessary to maintain the |
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anonymity of certain donors. |
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(4) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on matters not included in either the |
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house or senate version of the bill by adding the following to |
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Section 659.0201, Government Code, in SECTION 1 of the bill: |
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(e) A state agency that receives a gift, grant, donation, or |
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other consideration described by Subsection (d) shall compile the |
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information the agency receives under Subsection (d) into a report |
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and submit the report to the state auditor and the legislature. |
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(f) Information provided to an institution of higher |
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education under Subsection (d) is confidential and is not subject |
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to disclosure under Chapter 552. |
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(g) The state auditor may review the report submitted under |
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Subsection (e) to identity any conflicts of interest or any other |
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areas of risk. The state auditor shall report the results of an |
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audit performed under this section to the legislature. |
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Explanation: The change is necessary to enable the state |
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auditor and legislature to be informed about gifts, grants, |
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donations, or other consideration received by state agencies and |
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monitor any conflicts of interest that might result from accepting |
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a gift, grant, donation, or other consideration and to maintain the |
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confidentiality of information provided by an institution of higher |
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education. |
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(5) House Rule 13, Sections 9(a)(1) and (3), are suspended |
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to permit the committee to change, alter, or amend text and to add |
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text on a matter not in disagreement by adding the following to |
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Section 659.0201(h), Government Code, in SECTION 1 of the bill: |
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"that does not require the release of information that identifies |
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an anonymous donor". |
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Explanation: The change is necessary to maintain the |
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anonymity of certain donors. |
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(6) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to change, alter, or amend text not in disagreement by |
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adding "officer" to Section 659.026(a)(2)(A), Government Code, in |
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SECTION 1 of the bill. |
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Explanation: The change is necessary to clarify the |
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positions included in the meaning of executive staff. |
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(7) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to change, alter, or amend text not in disagreement by |
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adding "Paragraph (A)" to Section 659.026(a)(2)(B), Government |
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Code, in SECTION 1 of the bill. |
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Explanation: The change is necessary to correct a |
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cross-reference. |
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Flynn |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 3042 was adopted by the House on May |
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26, 2013, by the following vote: Yeas 144, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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