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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 83rd |
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Legislature, Regular Session, 2013, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 12 (gifts and other consideration made to state |
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agencies for state employee salary supplement or other purposes |
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and to publication by state agencies of staff compensation and |
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related information) to consider and take action on the following |
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matters: |
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(1) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text and to add text on |
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matters not in disagreement by adding the following to Section |
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659.0201, Government Code, in SECTION 1 of the bill: |
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(b) A state agency that accepts a gift, grant, donation, |
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or other consideration from a person that the person designates |
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to be used as a salary supplement for an employee of the agency |
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shall post on the agency's Internet website, in addition to the |
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information required by Section 659.026, the amount of each gift, |
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grant, donation, or other consideration provided by the person |
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that is designated to be used as a salary supplement for an |
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employee of the agency. The agency may not post the name of the |
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person. |
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Explanation: The change is necessary to clarify which |
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state agencies have to post certain information relating to a |
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gift, grant, donation, or other consideration the agency |
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receives on the agency's Internet website and to clarify the |
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information that the agency is prohibited from posting. |
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(2) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text and to add text on a |
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matter not in disagreement by adding the following to Section |
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659.0201, Government Code, in SECTION 1 of the bill: |
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(c) A state agency described by Subsection (b) by rule |
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shall adopt conflict of interest provisions regarding the |
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acceptance by the agency of a gift, grant, donation, or other |
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consideration to be used as a salary supplement for an employee |
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of the agency. The governing board of an institution of higher |
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education shall adopt the conflict of interest provisions |
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required by this subsection in the same manner as the board |
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adopts other policies applicable to the institution. The agency |
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shall post the conflict of interest provisions on the agency's |
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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 |
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education. |
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(3) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text and to add text on a |
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matter not in disagreement by adding the following to Section |
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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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on matters not included in either the house |
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or senate version of the bill by adding the following to Section |
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659.0201, Government Code, in SECTION 1 of the bill: |
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(e) A state agency that receives a gift, grant, donation, |
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or other consideration described by Subsection (d) shall compile |
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the information the agency receives under Subsection (d) into a |
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report and submit the report to the state auditor and the |
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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 |
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under Subsection (e) to identity any conflicts of interest or any |
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other areas of risk. The state auditor shall report the results |
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of an 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 |
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accepting a gift, grant, donation, or other consideration and to |
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maintain the confidentiality of information provided by an |
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institution of higher education. |
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(5) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, or amend text and to add text on a |
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matter not in disagreement by adding the following to Section |
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659.0201(h), Government Code, in SECTION 1 of the bill: "that |
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does not require the release of information that identifies an |
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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) Senate Rule 12.03(1) is suspended to permit the |
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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, |
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in 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) Senate Rule 12.03(1) is suspended to permit the |
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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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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 26, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |