81R28848 CAE-D
By: Deuell S.B. No. 1003
Substitute the following for S.B. No. 1003:
By: Gonzales C.S.S.B. No. 1003
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Office of
State-Federal Relations and the administrative attachment of that
agency to the office of the governor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 751.002(a), Government Code, is amended
to read as follows:
(a) The Office of State-Federal Relations is an agency of
the state and operates within the executive department. The office
is administratively attached to the office of the governor. The
governor's office shall provide human resources and other
administrative support for the office. The office is funded by
appropriations made to the office of the governor.
SECTION 2. Section 751.003, Government Code, is amended to
read as follows:
Sec. 751.003. SUNSET PROVISION. The Office of
State-Federal Relations is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the office is abolished and this chapter expires September 1, 2015
[2009]. [In the review of the office by the Sunset Advisory
Commission, as required by this section, the sunset commission
shall limit its review to the appropriateness of recommendations
made to the 80th Legislature. In its report to the 81st
Legislature, the sunset commission may include any recommendations
it considers appropriate.]
SECTION 3. The heading to Section 751.005, Government Code,
is amended to read as follows:
Sec. 751.005. GENERAL POWERS AND DUTIES OF OFFICE
[DIRECTOR].
SECTION 4. Section 751.005, Government Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (e) to
read as follows:
(a) The office [director] shall exercise the powers and
carry out the duties prescribed by this section in order to act as a
liaison from the state to the federal government.
(b) The office [director] shall:
(1) help coordinate state and federal programs dealing
with the same subject;
(2) inform the governor and the legislature of federal
programs that may be carried out in the state or that affect state
programs;
(3) provide federal agencies and the United States
Congress with information about state policy and state conditions
on matters that concern the federal government;
(4) provide the legislature with information useful in
measuring the effect of federal actions on the state and local
programs;
(5) prepare and supply to the governor and all members
of the legislature an annual report that:
(A) describes the office's operations;
(B) contains the office's priorities and
strategies for the following year;
(C) details projects and legislation pursued by
the office;
(D) discusses issues in the following
congressional session of interest to this state; and
(E) contains an analysis of federal funds
availability and formulae; [and]
(6) prepare annually a complete and detailed written
report accounting for all funds received and disbursed by the
office during the preceding fiscal year;
(7) notify the governor, the lieutenant governor, the
speaker of the house of representatives, and the legislative
standing committees in each house with primary jurisdiction over
intergovernmental affairs of federal activities relevant to the
state and inform the Texas congressional delegation of state
activities;
(8) conduct frequent conference calls with the
lieutenant governor and the speaker of the house of representatives
or their designees regarding state-federal relations and programs;
(9) respond to requests for information from the
legislature, the United States Congress, and federal agencies;
(10) coordinate with the Legislative Budget Board
regarding the effects of federal funding on the state budget; and
(11) report to, and on request send appropriate
representatives to appear before, the legislative standing
committees in each house with primary jurisdiction over
intergovernmental affairs.
(c) The office [director] may maintain office space at
locations inside and outside the state as chosen by the office
[director].
(e) The report required under Subsection (b)(5) must
include an evaluation of the performance of the office based on
performance measures that are developed by the board.
SECTION 5. Section 751.006(g), Government Code, is amended
to read as follows:
(g) The director and the staff of the office working in
Washington, D.C., may receive a [the same] cost-of-living salary
adjustment [as is established for an employee of another state
agency under Section 751.012(d)].
SECTION 6. Subchapter A, Chapter 751, Government Code, is
amended by adding Sections 751.015 and 751.016 to read as follows:
Sec. 751.015. CONTRACTS BETWEEN OFFICE AND CONSULTANTS.
(a) If the office elects to contract with federal-level government
relations consultants, the office shall adopt written procedures
for those contracts. The procedures must include:
(1) guidelines regarding contract management;
(2) a competitive procurement process and method to
assess the effectiveness of a prospective consultant;
(3) a technique for assigning a value to a prospective
consultant's ability to provide services at a reasonable price and
level of experience;
(4) a process for determining a prospective
consultant's ability to work with influential members of the United
States Congress and serve as an effective advocate on behalf of the
state; and
(5) a method to verify that the interests of a
prospective consultant or the consultant's other clients do not
create a conflict of interest that may jeopardize the state's
interest.
(b) A contract between the office and a federal-level
government relations consultant must include:
(1) an agreement regarding the goals of the service to
be provided by the consultant and targeted performance measures;
(2) a provision governing the manner in which the
contract may be terminated by the parties to the contract; and
(3) a provision allowing the office, the state
auditor's office as provided by Section 2262.003, and other
specified oversight entities to audit the contractor's performance
under the contract.
(c) All three members of the board must sign any contract
between the office and a federal-level government relations
consultant.
Sec. 751.016. CONTRACTS BY STATE AGENCIES OR POLITICAL
SUBDIVISIONS. (a) In this section, "political subdivision"
includes a river authority.
(b) An agency or political subdivision of the state shall
report to the office on any contract between the agency or
subdivision and a federal-level government relations consultant. A
state agency or political subdivision shall submit one report under
this section not later than the 30th day after the date the contract
is executed and a second report not later than the 30th day after
the date the contract is terminated. The report must include:
(1) the name of the consultant or consulting firm;
(2) the issue on which the consultant was hired to
consult; and
(3) the amount of compensation paid or to be paid to
the consultant under the contract.
(b-1) A state agency or political subdivision contracting
with a federal-level government relations consultant before
September 1, 2009, shall, if the contract has not terminated before
that date, submit a report as required by Subsection (b) not later
than September 30, 2009. This subsection expires September 1,
2010.
(c) If a state agency contracts with a federal-level
government relations consultant and the consultant subcontracts
the work to another firm or individual, the state agency shall
report the subcontract to the office.
(d) This section does not apply to a political subdivision
whose federal-level government relations consultant is required by
other law to disclose, report, and make available the information
required by Subsection (b) to:
(1) the public; and
(2) a federal or state entity.
SECTION 7. The following provisions of the Government Code
are repealed:
(1) Sections 751.006(b), (c), (d), (e), and (f);
(2) Sections 751.012(b), (e), and (f); and
(3) Sections 751.013, 751.014, and 751.024.
SECTION 8. The Office of State-Federal Relations and the
office of the governor shall establish a plan for the
administrative attachment of the Office of State-Federal Relations
to the office of the governor.
SECTION 9. This Act takes effect September 1, 2009.