85R13944 YDB-F
 
  By: Kacal, Shaheen, et al. H.B. No. 1118
 
  Substitute the following for H.B. No. 1118:
 
  By:  Capriglione C.S.H.B. No. 1118
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the abolishment of the State Council on Competitive
  Government and the transfer of its functions to the comptroller.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 662.0071(a), Government Code, is amended
  to read as follows:
         (a)  A state agency shall accept the balance of compensatory
  time accrued under Section 662.007 by a state employee who
  transfers to that agency from another state agency if the employee
  transfers as a direct result of[:
               [(1)]  the legislature's transfer of legal authority or
  duties from the agency that formerly employed the employee to the
  agency that currently employs the employee[; or
               [(2)     a requirement of the State Council on Competitive
  Government for the agency that formerly employed the employee to
  bid a commercially available service that the agency previously
  performed].
         SECTION 2.  Sections 2054.131(b) and (d), Government Code,
  are amended to read as follows:
         (b)  If the department [State Council on Competitive
  Government] and the Legislative Budget Board each determine that a
  cost savings may be realized through a private vendor selected
  under this section, the department [State Council on Competitive
  Government] may implement a project that establishes a common
  electronic infrastructure through which each state agency,
  including any retirement system created by statute or by the
  constitution, shall:
               (1)  require its work site benefits plan participants
  to electronically:
                     (A)  enroll in any work site benefits plans
  provided to the person by the state or a state agency;
                     (B)  add, change, or delete benefits;
                     (C)  sign any payroll deduction agreements to
  implement a contribution made to a plan in which the participant
  enrolls;
                     (D)  terminate participation in a voluntary plan;
                     (E)  initiate account investment changes and
  withdrawals in a retirement plan;
                     (F)  obtain information regarding plan benefits;
  and
                     (G)  communicate with the plan administrator; and
               (2)  administer its work site benefits plans
  electronically by using the project to:
                     (A)  enroll new plan participants and, when
  appropriate, terminate plan participation;
                     (B)  generate eligibility and enrollment reports
  for plan participants;
                     (C)  link plan administration with payroll
  administration to facilitate payroll deductions for a plan;
                     (D)  facilitate single-source billing
  arrangements between the agency and a plan provider; and
                     (E)  transmit and receive information regarding
  the plan.
         (d)  If the department [State Council on Competitive
  Government] implements an electronic infrastructure project under
  this section, the department [State Council on Competitive
  Government] shall select and contract with a single private vendor
  to implement the project. The contract must require the
  application of the project to all state agencies without cost to the
  state until the project is initially implemented.
         SECTION 3.  Section 2171.104(a), Government Code, is amended
  to read as follows:
         (a)  The office of vehicle fleet management[, as directed by
  the State Council on Competitive Government,] shall develop a
  management plan with detailed recommendations for improving the
  administration and operation of the state's vehicle fleet.
         SECTION 4.  Section 32.0461, Human Resources Code, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (d) to read as follows:
         (a)  The [In consultation and coordination with the State
  Council on Competitive Government, the] commission shall seek
  competitive bids for the claims processing function of the vendor
  drug program.
         (c)  The commission may award a contract under this section
  to another person only if the commission determines [department and
  the State Council on Competitive Government determine] that the
  provision of services under that contract would be more
  cost-effective and the time to process claims under the contract
  would be the same as or faster than having employees of the
  commission continue to process claims.
         (d)  The commission may consult with the comptroller in
  administering this section.
         SECTION 5.  Sections 11.0255(b) and (c), Parks and Wildlife
  Code, are amended to read as follows:
         (b)  In calculating the costs under Subsection (a), the
  department[:
               [(1)]  shall consider both direct and indirect costs of
  department employees who perform project tasks[; and
               [(2)     may use the cost accounting procedures and
  instructions developed by the State Council on Competitive
  Government under Section 2162.102, Government Code].
         (c)  On request, the comptroller [State Council on
  Competitive Government] shall provide technical assistance to the
  department[, including assistance with the application of the
  council's cost accounting procedures and instructions].
         SECTION 6.  Section 223.042(d), Transportation Code, is
  amended to read as follows:
         (d)  The department shall consider all of its direct and
  indirect costs in determining the cost of providing the services.
  [The department shall use the cost accounting procedures and
  instructions developed by the State Council on Competitive
  Government under Section 2162.102(c)(2), Government Code, in
  determining its cost. On request, the State Council on Competitive
  Government shall provide technical assistance to the department
  about the cost accounting procedures and instructions.]
         SECTION 7.  The following laws are repealed:
               (1)  Section 161.037(b), Agriculture Code;
               (2)  Chapter 236, Family Code;
               (3)  Section 662.0071(c), Government Code;
               (4)  Section 670.003, Government Code;
               (5)  Chapter 2162, Government Code;
               (6)  Section 2163.001(d), Government Code; and
               (7)  Section 11.153(b), Parks and Wildlife Code.
         SECTION 8.  (a) On the effective date of this Act, the State
  Council on Competitive Government is abolished.
         (b)  The validity of an action taken by or in connection with
  the authority of the State Council on Competitive Government before
  the date the agency is abolished is not affected by the abolition.
         SECTION 9.  On the effective date of this Act:
               (1)  all powers and duties of the State Council on
  Competitive Government are transferred to the comptroller;
               (2)  a rule, form, policy, procedure, or decision of
  the State Council on Competitive Government continues in effect as
  a rule, form, policy, procedure, or decision of the comptroller
  until superseded by an act of the comptroller;
               (3)  a reference in law to the State Council on
  Competitive Government means the comptroller;
               (4)  any action or proceeding before the State Council
  on Competitive Government is transferred without change in status
  to the comptroller and the comptroller assumes, without a change in
  status, the position of the State Council on Competitive Government
  in any action or proceeding to which the State Council on
  Competitive Government is a party;
               (5)  all money, contracts, leases, rights, bonds, and
  obligations of the State Council on Competitive Government are
  transferred to the comptroller;
               (6)  all personal property, including records, in the
  custody of the State Council on Competitive Government becomes the
  property of the comptroller; and
               (7)  all funds appropriated by the legislature to the
  State Council on Competitive Government are transferred to the
  comptroller.
         SECTION 10.  This Act takes effect September 1, 2017.