Texas 2009 - 81st Regular

Texas Senate Bill SB1003 Compare Versions

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1	1	81R1850 CAE-D
2	2	By: Deuell S.B. No. 1003
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the abolishment of the Office of State-Federal
8	8	Relations as an independent agency and the transfer of the duties
9	9	and functions of that agency to the office of the governor.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 751.001 through 751.004, Government
12	12	Code, are amended to read as follows:
13	13	Sec. 751.001. DEFINITIONS. In this chapter:
14	14	(1) "Executive director" ["Board" means the Office of
15	15	State-Federal Relations Advisory Policy Board.
16	16	[(2) "Director"] means the executive director of the
17	17	Office of State-Federal Relations.
18	18	(2) [(3)] "Office" means the Office of State-Federal
19	19	Relations.
20	20	(3) [(4)] "State agency" means a state board,
21	21	commission, department, institution, or officer having statewide
22	22	jurisdiction, including a state college or university.
23	23	Sec. 751.002. OFFICE OF STATE-FEDERAL RELATIONS. (a) The
24	24	Office of State-Federal Relations is a program within the office of
25	25	the governor. The governor shall provide guidance to the office and
26	26	direct the activities of the office [an agency of the state and
27	27	operates within the executive department].
28	28	(b) The office shall consult with the lieutenant governor
29	29	and the speaker of the house of representatives regarding relations
30	30	between the state and federal governments and shall inform the
31	31	legislative leadership of the office's progress on, and the status
32	32	of, federal issues, including federal funding and policy decisions.
33	33	[The office is subject to the administrative procedure law, Chapter
34	34	2001.]
35	35	Sec. 751.003. SUNSET PROVISION. The Office of
36	36	State-Federal Relations is subject to Chapter 325 (Texas Sunset
37	37	Act). Unless continued in existence as provided by that chapter,
38	38	the office is abolished and this chapter expires September 1, 2015
39	39	[2009]. [In the review of the office by the Sunset Advisory
40	40	Commission, as required by this section, the sunset commission
41	41	shall limit its review to the appropriateness of recommendations
42	42	made to the 80th Legislature. In its report to the 81st
43	43	Legislature, the sunset commission may include any recommendations
44	44	it considers appropriate.]
45	45	Sec. 751.004. APPOINTMENT AND TERM OF EXECUTIVE
46	46	DIRECTOR. (a) The governor[, with the advice and consent of the
47	47	senate,] shall appoint the executive [a] director of the office.
48	48	The executive director is accountable to the governor.
49	49	(b) The executive director serves at the pleasure of the
50	50	governor.
51	51	SECTION 2. The heading to Section 751.005, Government Code,
52	52	is amended to read as follows:
53	53	Sec. 751.005. GENERAL POWERS AND DUTIES OF OFFICE
54	54	[DIRECTOR].
55	55	SECTION 3. Section 751.005, Government Code, is amended by
56	56	amending Subsections (a), (b), and (c) and adding Subsection (e) to
57	57	read as follows:
58	58	(a) The office [director] shall exercise the powers and
59	59	carry out the duties prescribed by this section in order to act as a
60	60	liaison from the state to the federal government.
61	61	(b) The office [director] shall:
62	62	(1) help coordinate state and federal programs dealing
63	63	with the same subject;
64	64	(2) inform the governor and the legislature of federal
65	65	programs that may be carried out in the state or that affect state
66	66	programs;
67	67	(3) provide federal agencies and the United States
68	68	Congress with information about state policy and state conditions
69	69	on matters that concern the federal government;
70	70	(4) provide the legislature with information useful in
71	71	measuring the effect of federal actions on the state and local
72	72	programs;
73	73	(5) prepare and supply to the governor and all members
74	74	of the legislature an annual report that:
75	75	(A) describes the office's operations;
76	76	(B) contains the office's priorities and
77	77	strategies for the following year;
78	78	(C) details projects and legislation pursued by
79	79	the office;
80	80	(D) discusses issues in the following
81	81	congressional session of interest to this state; and
82	82	(E) contains an analysis of federal funds
83	83	availability and formulae; [and]
84	84	(6) prepare annually a complete and detailed written
85	85	report accounting for all funds received and disbursed by the
86	86	office during the preceding fiscal year;
87	87	(7) notify the governor, the lieutenant governor, and
88	88	the speaker of the house of representatives of federal activities
89	89	relevant to the state and inform the Texas congressional delegation
90	90	of state activities;
91	91	(8) conduct frequent conference calls with the
92	92	lieutenant governor and the speaker of the house of representatives
93	93	or their designees regarding state-federal relations and programs;
94	94	(9) respond to requests for information from the
95	95	legislature, the United States Congress, and federal agencies; and
96	96	(10) coordinate with the Legislative Budget Board
97	97	regarding the effects of federal funding on the state budget.
98	98	(c) The office [director] may maintain office space at
99	99	locations inside and outside the state as chosen by the office
100	100	[director].
101	101	(e) The priorities of the office, as stated in the report
102	102	required under Subsection (b)(5), must be approved by the governor
103	103	in consultation with the lieutenant governor and the speaker of the
104	104	house of representatives. The report must include an evaluation of
105	105	the performance of the office based on performance measures that
106	106	are developed by the governor in consultation with the lieutenant
107	107	governor and the speaker of the house of representatives.
108	108	SECTION 4. Sections 751.006(a) and (g), Government Code,
109	109	are amended to read as follows:
110	110	(a) The executive director may employ staff necessary to
111	111	carry out the [director's] powers and duties of the office under
112	112	this chapter. The executive director or the executive director's
113	113	designee shall provide to office employees, as often as necessary,
114	114	information regarding their qualification for employment under
115	115	this chapter and their responsibilities under applicable laws
116	116	relating to standards of conduct for state employees.
117	117	(g) The executive director and the staff of the office
118	118	working in Washington, D.C., may receive a [the same]
119	119	cost-of-living salary adjustment [as is established for an employee
120	120	of another state agency under Section 751.012(d)].
121	121	SECTION 5. Sections 751.012(a) and (c), Government Code,
122	122	are amended to read as follows:
123	123	(a) The office may enter into interagency contracts with
124	124	[other] state agencies to locate staff of the [other] state
125	125	agencies [agency] in Washington, D.C., to work under the
126	126	supervision of the executive director and shall coordinate
127	127	activities conducted on behalf of the state agencies [other agency]
128	128	with those of the office.
129	129	(c) A contract under this section must include provisions
130	130	under which staff of the [other] state agency:
131	131	(1) report directly to the [that] agency's
132	132	administrative head or the presiding officer of the [that] agency's
133	133	governing body;
134	134	(2) have an officially recognized role in the [that]
135	135	agency's budget planning process; and
136	136	(3) provide periodic updates of activities at meetings
137	137	of the [that] agency's governing body.
138	138	SECTION 6. Subchapter A, Chapter 751, Government Code, is
139	139	amended by adding Sections 751.015 and 751.016 to read as follows:
140	140	Sec. 751.015. CONTRACTS BETWEEN OFFICE AND CONSULTANTS.
141	141	(a) If the office elects to contract with federal-level government
142	142	relations consultants, the office shall adopt written procedures
143	143	for those contracts. The procedures must include:
144	144	(1) guidelines regarding contract management;
145	145	(2) a competitive procurement process and method to
146	146	assess the effectiveness of a prospective consultant;
147	147	(3) a technique for assigning a value to a prospective
148	148	consultant's ability to provide services at a reasonable price and
149	149	level of experience;
150	150	(4) a process for determining a prospective
151	151	consultant's ability to work with influential members of the United
152	152	States Congress and serve as an effective advocate on behalf of the
153	153	state; and
154	154	(5) a method to verify that the interests of a
155	155	prospective consultant or the consultant's other clients do not
156	156	create a conflict of interest that may jeopardize the state's
157	157	interest.
158	158	(b) A contract between the office and a federal-level
159	159	government relations consultant must include:
160	160	(1) an agreement regarding the goals of the service to
161	161	be provided by the consultant and targeted performance measures;
162	162	(2) a provision governing the manner in which the
163	163	contract may be terminated by the parties to the contract; and
164	164	(3) a provision allowing the office, the state
165	165	auditor's office as provided by Section 2262.003, and other
166	166	specified oversight entities to audit the contractor's performance
167	167	under the contract.
168	168	(c) The governor must sign any contract between the office
169	169	and a federal-level government relations consultant.
170	170	Sec. 751.016. CONTRACTS BY STATE AGENCIES OR POLITICAL
171	171	SUBDIVISIONS. (a) In this section, "political subdivision"
172	172	includes a river authority.
173	173	(b) An agency or political subdivision of the state shall
174	174	report to the office on any contract between the agency or
175	175	subdivision and a federal-level government relations consultant. A
176	176	state agency or political subdivision shall submit one report under
177	177	this section not later than the 30th day after the date the contract
178	178	is executed and a second report not later than the 30th day after
179	179	the date the contract is terminated. The report must include:
180	180	(1) the name of the consultant or consulting firm;
181	181	(2) the issue on which the consultant was hired to
182	182	consult; and
183	183	(3) the amount of compensation paid or to be paid to
184	184	the consultant under the contract.
185	185	(b-1) A state agency or political subdivision contracting
186	186	with a federal-level government relations consultant before
187	187	September 1, 2009, shall, if the contract has not terminated before
188	188	that date, submit a report as required by Subsection (b) not later
189	189	than September 30, 2009. This subsection expires September 1,
190	190	2010.
191	191	(c) If a state agency contracts with a federal-level
192	192	government relations consultant and the consultant subcontracts
193	193	the work to another firm or individual, the state agency shall
194	194	report the subcontract to the office.
195	195	SECTION 7. Sections 751.006(b), (c), (d), (e), and (f),
196	196	751.007, 751.008, 751.010, 751.011, 751.012(b), (e), and (f),
197	197	751.013, 751.014, and 751.024, Government Code, are repealed.
198	198	SECTION 8. (a) The Office of State-Federal Relations is
199	199	abolished as an independent agency and created as a program in the
200	200	office of the governor. The Office of State-Federal Relations
201	201	Advisory Policy Board is abolished.
202	202	(b) The validity of an action taken by the Office of
203	203	State-Federal Relations before it is abolished under Subsection (a)
204	204	of this section is not affected by the abolishment.
205	205	SECTION 9. On September 1, 2009:
206	206	(1) the director of the Office of State-Federal
207	207	Relations becomes the executive director of the Office of
208	208	State-Federal Relations in the office of the governor;
209	209	(2) an employee of the Office of State-Federal
210	210	Relations becomes an employee of the Office of State-Federal
211	211	Relations in the office of the governor;
212	212	(3) a reference in law to the Office of State-Federal
213	213	Relations means the Office of State-Federal Relations in the office
214	214	of the governor;
215	215	(4) all money, contracts, leases, rights, and
216	216	obligations of the Office of State-Federal Relations are
217	217	transferred to the Office of State-Federal Relations in the office
218	218	of the governor;
219	219	(5) all property, including records, in the custody of
220	220	the Office of State-Federal Relations becomes the property of the
221	221	Office of State-Federal Relations in the office of the governor;
222	222	and
223	223	(6) all funds appropriated by the legislature to the
224	224	Office of State-Federal Relations are transferred to the Office of
225	225	State-Federal Relations in the office of the governor.
226	226	SECTION 10. A function or activity performed by the Office
227	227	of State-Federal Relations is transferred to the Office of
228	228	State-Federal Relations in the office of the governor as provided
229	229	by this Act.
230	230	SECTION 11. The Office of State-Federal Relations and the
231	231	office of the governor shall establish a transition plan for the
232	232	transfer described in Section 9 of this Act.
233	233	SECTION 12. This Act takes effect September 1, 2009.