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R E S O L U T I O N
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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 House |
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Bill 12 (gifts and other consideration made to state agencies for |
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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) to consider and take action on the following 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, 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) 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 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) 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: "unless |
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the person has made a request to the entity to remain 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 or |
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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, 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) 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 does |
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not require the release of information that identifies an anonymous |
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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, 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) 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. |