Texas 2011 - 82nd Regular

Texas House Bill HB3665 Compare Versions

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11 82R23682 E
22 By: Otto H.B. No. 3665
33 Substitute the following for H.B. No. 3665:
44 By: Otto C.S.H.B. No. 3665
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to state fiscal matters related to general government.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
1212 GENERALLY
1313 SECTION 1.01. This article applies to any state agency that
1414 receives an appropriation under Article I of the General
1515 Appropriations Act.
1616 SECTION 1.02. Notwithstanding any other statute of this
1717 state, each state agency to which this article applies is
1818 authorized to reduce or recover expenditures by:
1919 (1) consolidating any reports or publications the
2020 agency is required to make and filing or delivering any of those
2121 reports or publications exclusively by electronic means;
2222 (2) extending the effective period of any license,
2323 permit, or registration the agency grants or administers;
2424 (3) entering into a contract with another governmental
2525 entity or with a private vendor to carry out any of the agency's
2626 duties;
2727 (4) adopting additional eligibility requirements for
2828 persons who receive benefits under any law the agency administers
2929 to ensure that those benefits are received by the most deserving
3030 persons consistent with the purposes for which the benefits are
3131 provided;
3232 (5) providing that any communication between the
3333 agency and another person and any document required to be delivered
3434 to or by the agency, including any application, notice, billing
3535 statement, receipt, or certificate, may be made or delivered by
3636 e-mail or through the Internet; and
3737 (6) adopting and collecting fees or charges to cover
3838 any costs the agency incurs in performing its lawful functions.
3939 ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
4040 FACILITIES
4141 SECTION 2.01. The heading to Section 2165.2035, Government
4242 Code, is amended to read as follows:
4343 Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
4444 AND GARAGES; USE AFTER HOURS.
4545 SECTION 2.02. Subchapter E, Chapter 2165, Government Code,
4646 is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
4747 read as follows:
4848 Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
4949 AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission
5050 may lease to a private individual an individual parking space in a
5151 state-owned parking lot or garage located in the city of Austin that
5252 the commission determines is not needed to accommodate the regular
5353 parking requirements of state employees who work near the lot or
5454 garage and visitors to nearby state government offices.
5555 (b) Money received from a lease under this section shall be
5656 deposited to the credit of the general revenue fund.
5757 Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
5858 AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission
5959 may lease to an institution of higher education or a local
6060 government all or a significant block of a state-owned parking lot
6161 or garage located in the city of Austin that the commission
6262 determines is not needed to accommodate the regular parking
6363 requirements of state employees who work near the lot or garage and
6464 visitors to nearby state government offices.
6565 (b) Money received from a lease under this section shall be
6666 deposited to the credit of the general revenue fund.
6767 Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
6868 October 1 of each even-numbered year, the commission shall submit a
6969 report to the Legislative Budget Board describing the effectiveness
7070 of parking programs developed by the commission under this
7171 subchapter. The report must, at a minimum, include:
7272 (1) the yearly revenue generated by the programs;
7373 (2) the yearly administrative and enforcement costs of
7474 each program;
7575 (3) yearly usage statistics for each program; and
7676 (4) initiatives and suggestions by the commission to:
7777 (A) modify administration of the programs; and
7878 (B) increase revenue generated by the programs.
7979 SECTION 2.03. This article takes effect immediately if this
8080 Act receives a vote of two-thirds of all the members elected to each
8181 house, as provided by Section 39, Article III, Texas Constitution.
8282 If this Act does not receive the vote necessary for immediate
8383 effect, this article takes effect September 1, 2011.
8484 ARTICLE 3. STATE DEBT
8585 SECTION 3.01. Chapter 1231, Government Code, is amended by
8686 adding Subchapter G to read as follows:
8787 SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND
8888 Sec. 1231.151. DEFINITIONS. In this subchapter:
8989 (1) "Maximum annual debt service" means the limitation
9090 on annual debt service imposed by Section 49-j(a), Article III,
9191 Texas Constitution.
9292 (2) "State debt payable from the general revenue fund"
9393 has the meaning assigned by Section 49-j(b), Article III, Texas
9494 Constitution.
9595 (3) "Unissued debt" means state debt payable from the
9696 general revenue fund that has been authorized but not issued.
9797 Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the
9898 annual debt service in a state fiscal year on state debt payable
9999 from the general revenue fund for purposes of determining whether
100100 additional state debt may be authorized without exceeding the
101101 maximum annual debt service, the board may employ any assumptions
102102 related to unissued debt that the board determines are necessary to
103103 reflect common or standard debt issuance practices authorized by
104104 law, including assumptions regarding:
105105 (1) interest rates;
106106 (2) debt maturity; and
107107 (3) debt service payment structures.
108108 Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall
109109 publish during each state fiscal year a report providing a detailed
110110 description of the method used to compute the annual debt service in
111111 that fiscal year on state debt payable from the general revenue fund
112112 for purposes of determining whether additional state debt may be
113113 authorized. The report must describe:
114114 (1) the debt service included in the computation,
115115 including debt service on issued and unissued debt;
116116 (2) the assumptions on which the debt service on
117117 unissued debt was based; and
118118 (3) any other factors required by law that affect the
119119 computation.
120120 (b) The board may publish the report required by this
121121 section as a component of any other report required by law,
122122 including the annual report required by Section 1231.102, or as an
123123 independent report. The board shall make the report available to
124124 the public.
125125 SECTION 3.02. The Bond Review Board shall publish the
126126 initial report required by Section 1231.153, Government Code, as
127127 added by this article, during the state fiscal year beginning
128128 September 1, 2011.
129129 SECTION 3.03. This article takes effect immediately if this
130130 Act receives a vote of two-thirds of all the members elected to each
131131 house, as provided by Section 39, Article III, Texas Constitution.
132132 If this Act does not receive the vote necessary for immediate
133133 effect, this article takes effect September 1, 2011.
134134 ARTICLE 4. ELECTRONIC PAYMENTS
135135 SECTION 4.01. Section 403.016, Government Code, is amended
136136 to read as follows:
137137 Sec. 403.016. ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY
138138 CARDS. (a) The comptroller shall establish and operate an
139139 electronic funds transfer system in accordance with this section.
140140 The comptroller may use the services of financial institutions,
141141 automated clearinghouses, and the federal government to establish
142142 and operate the electronic funds transfer system. The comptroller
143143 also shall establish and operate an efficient and effective system
144144 of making payments by electronic pay card.
145145 (b) The comptroller shall use either the electronic funds
146146 transfer system or an electronic pay card to pay an employee's net
147147 state salary and travel expense reimbursements [unless:
148148 [(1) the employee does not hold a classified position
149149 under the state's position classification plan and the employee's
150150 gross state salary is less than the gross state salary for a
151151 position classified to group 8, step 1, of the state position
152152 classification plan; or
153153 [(2) the employee holds a classified position under
154154 the state's position classification plan that is classified below
155155 group 8].
156156 (c) The comptroller shall use either the electronic funds
157157 transfer system or an electronic pay card to make:
158158 (1) payments [of more than $100] to annuitants by the
159159 Employees Retirement System of Texas or the Teacher Retirement
160160 System of Texas under either system's administrative jurisdiction
161161 and payments to annuitants of any other retirement system who are
162162 paid from funds in the state treasury;
163163 (2) recurring payments to municipalities, counties,
164164 political subdivisions, special districts, and other governmental
165165 entities of this state; and
166166 (3) payments to vendors who choose to receive payment
167167 through the electronic funds transfer system or an electronic pay
168168 card rather than by warrant.
169169 (d) If the comptroller is not required by this section to
170170 use either the electronic funds transfer system or an electronic
171171 pay card to pay a person, the comptroller may use the electronic
172172 funds transfer system or an electronic pay card to pay the person on
173173 the person's request.
174174 (e)(1) [(f)(1)] Except as provided by Subdivisions (2) and
175175 (4) and subject to any limitation in rules adopted by the
176176 comptroller, an automated clearinghouse, or the federal
177177 government, the comptroller may use the electronic funds transfer
178178 system to deposit payments only to one or more accounts of a payee
179179 at one or more financial institutions, including credit unions.
180180 (2) The comptroller may also use the electronic funds
181181 transfer system to deposit a portion of an employee's gross pay into
182182 the employee's account at a credit union as prescribed by
183183 Subchapter G, Chapter 659.
184184 (3) A single electronic funds transfer may contain
185185 payments to multiple payees. Individual transfers or warrants are
186186 not required for each payee.
187187 (4) The comptroller may also use the electronic funds
188188 transfer system to deposit a portion of an employee's gross pay into
189189 an account of an eligible state employee organization for a
190190 membership as prescribed by Subchapter G, Chapter 659.
191191 (f) [(g)] When a law requires the comptroller to make a
192192 payment by warrant, the comptroller may instead make the payment
193193 through the electronic funds transfer system or by electronic pay
194194 card. The comptroller's use of the electronic funds transfer
195195 system, an electronic pay card, or any other payment means does not
196196 create a right that would not have been created if a warrant had
197197 been issued.
198198 (g) [(h) Notwithstanding any requirement in this section to
199199 make a payment through the electronic funds transfer system, the
200200 comptroller shall issue a warrant to pay a person if:
201201 [(1) the person properly notifies the comptroller
202202 that:
203203 [(A) receiving the payment by electronic funds
204204 transfer would be impractical to the person;
205205 [(B) receiving the payment by electronic funds
206206 transfer would be more costly to the person than receiving the
207207 payment by warrant;
208208 [(C) the person is unable to establish a
209209 qualifying account at a financial institution to receive electronic
210210 funds transfers; or
211211 [(D) the person chooses to receive the payment by
212212 warrant; or
213213 [(2) the state agency on whose behalf the comptroller
214214 makes the payment properly notifies the comptroller that:
215215 [(A) making the payment by electronic funds
216216 transfer would be impractical to the agency; or
217217 [(B) making the payment by electronic funds
218218 transfer would be more costly to the agency than making the payment
219219 by warrant.
220220 [(i)] Notwithstanding any requirement in this section to
221221 make a payment through the electronic funds transfer system or by
222222 electronic pay card, the comptroller may make a payment by warrant
223223 if the comptroller determines that[:
224224 [(1) using the electronic funds transfer system would
225225 be impractical to the state; or
226226 [(2)] the cost to the state of using the electronic
227227 funds transfer or electronic pay card system would exceed the cost
228228 of issuing a warrant.
229229 (h) [(j)] The comptroller shall adopt rules to administer
230230 this section, including rules relating to allowing recipients of
231231 state payments to choose at appropriate times between receiving
232232 payment through the electronic funds transfer system, by electronic
233233 pay card, or by warrant [the notifications that may be provided to
234234 the comptroller under Subsection (h)].
235235 SECTION 4.02. Subchapter B, Chapter 403, Government Code,
236236 is amended by adding Section 403.0161 to read as follows:
237237 Sec. 403.0161. CONTRACTS FOR ELECTRONIC PAY CARD SERVICES.
238238 The comptroller may contract with one or more vendors for the
239239 provision of electronic pay card services. A contract under this
240240 section must be by competitive bid. The comptroller shall specify
241241 the qualifications for bidders, which must include requirements
242242 that the entity that issues the pay card must:
243243 (1) be federally insured or possess sufficient
244244 financial resources to ensure protection of payees; and
245245 (2) demonstrate adequate 24-hour customer service to
246246 ensure that all payees are able to reasonably access their funds
247247 worldwide at any time.
248248 SECTION 4.03. Section 659.084, Government Code, is amended
249249 to read as follows:
250250 Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for
251251 state officers and employees paid once a month shall be paid through
252252 electronic funds transfer under Section 403.016 unless paid on an
253253 electronic pay card [warrant] as permitted under that section.
254254 SECTION 4.04. This article takes effect January 1, 2012.
255255 ARTICLE 5. FISCAL MATTERS RELATING TO SECRETARY OF STATE
256256 SECTION 5.01. Section 405.014, Government Code, is amended
257257 to read as follows:
258258 Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each
259259 session of the legislature the secretary of state shall obtain the
260260 bills that have become law. Immediately after the closing of each
261261 session of the legislature, the secretary of state shall bind all
262262 enrolled bills and resolutions in volumes on which the date of the
263263 session is placed.
264264 (b) As soon as practicable after the closing of each session
265265 of the legislature, the secretary of state shall publish and
266266 maintain electronically the bills enacted at that session. The
267267 electronic publication must be:
268268 (1) indexed by bill number and assigned chapter number
269269 for each bill; and
270270 (2) made available by an electronic link on the
271271 secretary of state's generally accessible Internet website.
272272 SECTION 5.02. Subchapter B, Chapter 2158, Government Code,
273273 is repealed.
274274 SECTION 5.03. The change in law made by this article does
275275 not apply to a contract for the publication of the laws of this
276276 state entered into before the effective date of this article.
277277 SECTION 5.04. This article takes effect immediately if this
278278 Act receives a vote of two-thirds of all the members elected to each
279279 house, as provided by Section 39, Article III, Texas Constitution.
280280 If this Act does not receive the vote necessary for immediate
281281 effect, this article takes effect September 1, 2011.
282282 ARTICLE 6. FISCAL MATTERS REGARDING ATTORNEY GENERAL
283283 SECTION 6.01. Section 402.006, Government Code, is amended
284284 by adding Subsection (e) to read as follows:
285285 (e) The attorney general may charge a reasonable fee for the
286286 electronic filing of a document.
287287 SECTION 6.02. The heading to Section 402.0212, Government
288288 Code, is amended to read as follows:
289289 Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
290290 COUNSEL; FEES.
291291 SECTION 6.03. Section 402.0212, Government Code, is amended
292292 by amending Subsections (b) and (c) and adding Subsections (d),
293293 (e), and (f) to read as follows:
294294 (b) An invoice submitted to a state agency under a contract
295295 for legal services as described by Subsection (a) must be reviewed
296296 by the attorney general to determine whether the invoice is
297297 eligible for payment.
298298 (c) An attorney or law firm must pay an administrative fee
299299 to the attorney general for the review described in Subsection (b)
300300 when entering into a contract to provide legal services to a state
301301 agency.
302302 (d) For purposes of this section, the functions of a hearing
303303 examiner, administrative law judge, or other quasi-judicial
304304 officer are not considered legal services.
305305 (e) [(c)] This section shall not apply to the Texas Turnpike
306306 Authority division of the Texas Department of Transportation.
307307 (f) The attorney general may adopt rules as necessary to
308308 implement and administer this section.
309309 SECTION 6.04. Section 371.051, Transportation Code, is
310310 amended to read as follows:
311311 Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll
312312 project entity may not enter into a comprehensive development
313313 agreement unless the attorney general reviews the proposed
314314 agreement and determines that it is legally sufficient.
315315 (b) The attorney general may charge a toll project entity a
316316 reasonable fee for the review described in Subsection (a).
317317 (c) If the toll project entity submits multiple proposed
318318 comprehensive development agreements relating to the same toll
319319 project for review, the entity shall pay the fee under Subsection
320320 (b) for each proposed comprehensive development agreement.
321321 (d) The toll project entity may collect or seek
322322 reimbursement of the fee under Subsection (b) from the private
323323 participant under the proposed comprehensive development
324324 agreement.
325325 (e) The attorney general may adopt rules necessary to
326326 implement and administer this section.
327327 SECTION 6.05. The fee prescribed by Section 402.006,
328328 Government Code, as amended by this article, applies only to a
329329 document electronically submitted to the office of the attorney
330330 general on or after the effective date of this article.
331331 SECTION 6.06. The fee prescribed by Section 402.0212,
332332 Government Code, as amended by this article, applies only to
333333 invoices for legal services submitted to the office of the attorney
334334 general for review on or after the effective date of this article.
335335 SECTION 6.07. The fee prescribed by Section 371.051,
336336 Transportation Code, as amended by this article, applies only to a
337337 comprehensive development agreement submitted to the office of the
338338 attorney general on or after the effective date of this article.
339339 SECTION 6.08. This article takes effect immediately if this
340340 Act receives a vote of two-thirds of all the members elected to each
341341 house, as provided by Section 39, Article III, Texas Constitution.
342342 If this Act does not receive the vote necessary for immediate
343343 effect, this article takes effect September 1, 2011.
344344 ARTICLE 7. TEXAS PRESERVATION TRUST FUND ACCOUNT
345345 SECTION 7.01. Sections 442.015(a), (b), and (f), Government
346346 Code, are amended to read as follows:
347347 (a) Notwithstanding Section [Sections 403.094 and] 403.095,
348348 the Texas preservation trust fund account is a separate account in
349349 the general revenue fund. The account consists of transfers made to
350350 the account, loan repayments, grants and donations made for the
351351 purposes of this program, proceeds of sales, income earned
352352 [earnings] on money in the account, and any other money received
353353 under this section. Money in [Distributions from] the account may
354354 be used only for the purposes of this section and [may not be used]
355355 to pay operating expenses of the commission. Money allocated to the
356356 commission's historic preservation grant program shall be
357357 deposited to the credit of the account. Income earned [Earnings] on
358358 money in the account shall be deposited to the credit of the
359359 account.
360360 (b) The commission may use money in [distributions from] the
361361 Texas preservation trust fund account to provide financial
362362 assistance to public or private entities for the acquisition,
363363 survey, restoration, or preservation, or for planning and
364364 educational activities leading to the preservation, of historic
365365 property in the state that is listed in the National Register of
366366 Historic Places or designated as a State Archeological Landmark or
367367 Recorded Texas Historic Landmark, or that the commission determines
368368 is eligible for such listing or designation. The financial
369369 assistance may be in the amount and form and according to the terms
370370 that the commission by rule determines. The commission shall give
371371 priority to property the commission determines to be endangered by
372372 demolition, neglect, underuse, looting, vandalism, or other threat
373373 to the property. Gifts and grants deposited to the credit of the
374374 account specifically for any eligible projects may be used only for
375375 the type of projects specified. If such a specification is not
376376 made, the gift or grant shall be unencumbered and accrue to the
377377 benefit of the Texas preservation trust fund account. If such a
378378 specification is made, the entire amount of the gift or grant may be
379379 used during any period for the project or type of project specified.
380380 (f) The advisory board shall recommend to the commission
381381 rules for administering this section [Subsections (a)-(e)].
382382 SECTION 7.02. Sections 442.015(h), (i), (j), (k), and (l),
383383 Government Code, are repealed.
384384 SECTION 7.03. The comptroller and the Texas Historical
385385 Commission shall enter into a memorandum of understanding to
386386 facilitate the conversion of assets of the Texas preservation trust
387387 fund account into cash for deposit into the state treasury using a
388388 method that provides for the lowest amount of revenue loss to the
389389 state.
390390 SECTION 7.04. This article takes effect November 1, 2011.
391391 ARTICLE 8. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
392392 SECTION 8.01. Section 2054.380, Government Code, is amended
393393 to read as follows:
394394 Sec. 2054.380. FEES. (a) The department shall set and
395395 charge a fee to each state agency that receives a service from a
396396 statewide technology center in an amount sufficient to cover the
397397 direct and indirect cost of providing the service.
398398 (b) Revenue derived from the collection of fees imposed
399399 under Subsection (a) may be appropriated to the department for:
400400 (1) developing statewide information resources
401401 technology policies and planning under this chapter and Chapter
402402 2059; and
403403 (2) providing shared information resources technology
404404 services.
405405 SECTION 8.02. Section 2157.068(d), Government Code, is
406406 amended to read as follows:
407407 (d) The department may charge a reasonable administrative
408408 fee to a state agency, political subdivision of this state, or
409409 governmental entity of another state that purchases commodity items
410410 through the department in an amount that is sufficient to recover
411411 costs associated with the administration of this section. Revenue
412412 derived from the collection of fees imposed under this subsection
413413 may be appropriated to the department for:
414414 (1) developing statewide information resources
415415 technology policies and planning under Chapters 2054 and 2059; and
416416 (2) providing shared information resources technology
417417 services.
418418 SECTION 8.03. Sections 2170.057(a) and (d), Government
419419 Code, are amended to read as follows:
420420 (a) The department shall develop a system of billings and
421421 charges for services provided in operating and administering the
422422 consolidated telecommunications system that allocates the total
423423 state cost to each entity served by the system based on
424424 proportionate usage. The department shall set and charge a fee to
425425 each entity that receives services provided under this chapter in
426426 an amount sufficient to cover the direct and indirect costs of
427427 providing the service. Revenue derived from the collection of fees
428428 imposed under this subsection may be appropriated to the department
429429 for:
430430 (1) developing statewide information resources
431431 technology policies and planning under Chapters 2054 and 2059; and
432432 (2) providing:
433433 (A) shared information resources technology
434434 services under Chapter 2054; and
435435 (B) network security services under Chapter
436436 2059.
437437 (d) The department shall maintain in the revolving fund
438438 account sufficient amounts to pay the bills of the consolidated
439439 telecommunications system and the centralized capitol complex
440440 telephone system. The department shall certify amounts that exceed
441441 this amount to the comptroller, and the comptroller shall transfer
442442 the excess amounts to the credit of the general revenue fund. The
443443 amounts transferred under this subsection may be appropriated to
444444 the department for the purposes described by Subsections (a)(1) and
445445 (2) [statewide network applications account established by Section
446446 2054.011].
447447 SECTION 8.04. This article takes effect immediately if this
448448 Act receives a vote of two-thirds of all the members elected to each
449449 house, as provided by Section 39, Article III, Texas Constitution.
450450 If this Act does not receive the vote necessary for immediate
451451 effect, this article takes effect September 1, 2011.
452452 ARTICLE 9. LOBBY REGISTRATION
453453 SECTION 9.01. Section 305.005(c), Government Code, is
454454 amended to read as follows:
455455 (c) The registration fee and registration renewal fee are:
456456 (1) an amount prescribed by the General Appropriations
457457 Act of not more than $200 and not less than $100 for a registrant
458458 employed by an organization exempt from federal income tax under
459459 Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986;
460460 (2) an amount prescribed by the General Appropriations
461461 Act of not more than $100 and not less than $50 for any person
462462 required to register solely because the person is required to
463463 register under Section 305.0041 [of this chapter]; or
464464 (3) an amount prescribed by the General Appropriations
465465 Act of not more than $1,000 and not less than $500 for any other
466466 registrant.
467467 ARTICLE 10. EFFECTIVE DATE
468468 SECTION 10.01. Except as otherwise provided by this Act,
469469 this Act takes effect September 1, 2011.