1 | 1 | | 82R23682 E |
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2 | 2 | | By: Otto H.B. No. 3665 |
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3 | 3 | | Substitute the following for H.B. No. 3665: |
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4 | 4 | | By: Otto C.S.H.B. No. 3665 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to state fiscal matters related to general government. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES |
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12 | 12 | | GENERALLY |
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13 | 13 | | SECTION 1.01. This article applies to any state agency that |
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14 | 14 | | receives an appropriation under Article I of the General |
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15 | 15 | | Appropriations Act. |
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16 | 16 | | SECTION 1.02. Notwithstanding any other statute of this |
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17 | 17 | | state, each state agency to which this article applies is |
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18 | 18 | | authorized to reduce or recover expenditures by: |
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19 | 19 | | (1) consolidating any reports or publications the |
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20 | 20 | | agency is required to make and filing or delivering any of those |
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21 | 21 | | reports or publications exclusively by electronic means; |
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22 | 22 | | (2) extending the effective period of any license, |
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23 | 23 | | permit, or registration the agency grants or administers; |
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24 | 24 | | (3) entering into a contract with another governmental |
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25 | 25 | | entity or with a private vendor to carry out any of the agency's |
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26 | 26 | | duties; |
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27 | 27 | | (4) adopting additional eligibility requirements for |
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28 | 28 | | persons who receive benefits under any law the agency administers |
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29 | 29 | | to ensure that those benefits are received by the most deserving |
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30 | 30 | | persons consistent with the purposes for which the benefits are |
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31 | 31 | | provided; |
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32 | 32 | | (5) providing that any communication between the |
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33 | 33 | | agency and another person and any document required to be delivered |
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34 | 34 | | to or by the agency, including any application, notice, billing |
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35 | 35 | | statement, receipt, or certificate, may be made or delivered by |
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36 | 36 | | e-mail or through the Internet; and |
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37 | 37 | | (6) adopting and collecting fees or charges to cover |
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38 | 38 | | any costs the agency incurs in performing its lawful functions. |
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39 | 39 | | ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE |
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40 | 40 | | FACILITIES |
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41 | 41 | | SECTION 2.01. The heading to Section 2165.2035, Government |
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42 | 42 | | Code, is amended to read as follows: |
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43 | 43 | | Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS |
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44 | 44 | | AND GARAGES; USE AFTER HOURS. |
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45 | 45 | | SECTION 2.02. Subchapter E, Chapter 2165, Government Code, |
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46 | 46 | | is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to |
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47 | 47 | | read as follows: |
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48 | 48 | | Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS |
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49 | 49 | | AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission |
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50 | 50 | | may lease to a private individual an individual parking space in a |
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51 | 51 | | state-owned parking lot or garage located in the city of Austin that |
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52 | 52 | | the commission determines is not needed to accommodate the regular |
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53 | 53 | | parking requirements of state employees who work near the lot or |
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54 | 54 | | garage and visitors to nearby state government offices. |
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55 | 55 | | (b) Money received from a lease under this section shall be |
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56 | 56 | | deposited to the credit of the general revenue fund. |
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57 | 57 | | Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS |
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58 | 58 | | AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission |
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59 | 59 | | may lease to an institution of higher education or a local |
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60 | 60 | | government all or a significant block of a state-owned parking lot |
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61 | 61 | | or garage located in the city of Austin that the commission |
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62 | 62 | | determines is not needed to accommodate the regular parking |
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63 | 63 | | requirements of state employees who work near the lot or garage and |
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64 | 64 | | visitors to nearby state government offices. |
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65 | 65 | | (b) Money received from a lease under this section shall be |
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66 | 66 | | deposited to the credit of the general revenue fund. |
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67 | 67 | | Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before |
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68 | 68 | | October 1 of each even-numbered year, the commission shall submit a |
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69 | 69 | | report to the Legislative Budget Board describing the effectiveness |
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70 | 70 | | of parking programs developed by the commission under this |
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71 | 71 | | subchapter. The report must, at a minimum, include: |
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72 | 72 | | (1) the yearly revenue generated by the programs; |
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73 | 73 | | (2) the yearly administrative and enforcement costs of |
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74 | 74 | | each program; |
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75 | 75 | | (3) yearly usage statistics for each program; and |
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76 | 76 | | (4) initiatives and suggestions by the commission to: |
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77 | 77 | | (A) modify administration of the programs; and |
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78 | 78 | | (B) increase revenue generated by the programs. |
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79 | 79 | | SECTION 2.03. This article takes effect immediately if this |
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80 | 80 | | Act receives a vote of two-thirds of all the members elected to each |
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81 | 81 | | house, as provided by Section 39, Article III, Texas Constitution. |
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82 | 82 | | If this Act does not receive the vote necessary for immediate |
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83 | 83 | | effect, this article takes effect September 1, 2011. |
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84 | 84 | | ARTICLE 3. STATE DEBT |
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85 | 85 | | SECTION 3.01. Chapter 1231, Government Code, is amended by |
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86 | 86 | | adding Subchapter G to read as follows: |
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87 | 87 | | SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND |
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88 | 88 | | Sec. 1231.151. DEFINITIONS. In this subchapter: |
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89 | 89 | | (1) "Maximum annual debt service" means the limitation |
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90 | 90 | | on annual debt service imposed by Section 49-j(a), Article III, |
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91 | 91 | | Texas Constitution. |
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92 | 92 | | (2) "State debt payable from the general revenue fund" |
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93 | 93 | | has the meaning assigned by Section 49-j(b), Article III, Texas |
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94 | 94 | | Constitution. |
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95 | 95 | | (3) "Unissued debt" means state debt payable from the |
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96 | 96 | | general revenue fund that has been authorized but not issued. |
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97 | 97 | | Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the |
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98 | 98 | | annual debt service in a state fiscal year on state debt payable |
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99 | 99 | | from the general revenue fund for purposes of determining whether |
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100 | 100 | | additional state debt may be authorized without exceeding the |
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101 | 101 | | maximum annual debt service, the board may employ any assumptions |
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102 | 102 | | related to unissued debt that the board determines are necessary to |
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103 | 103 | | reflect common or standard debt issuance practices authorized by |
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104 | 104 | | law, including assumptions regarding: |
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105 | 105 | | (1) interest rates; |
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106 | 106 | | (2) debt maturity; and |
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107 | 107 | | (3) debt service payment structures. |
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108 | 108 | | Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall |
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109 | 109 | | publish during each state fiscal year a report providing a detailed |
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110 | 110 | | description of the method used to compute the annual debt service in |
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111 | 111 | | that fiscal year on state debt payable from the general revenue fund |
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112 | 112 | | for purposes of determining whether additional state debt may be |
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113 | 113 | | authorized. The report must describe: |
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114 | 114 | | (1) the debt service included in the computation, |
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115 | 115 | | including debt service on issued and unissued debt; |
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116 | 116 | | (2) the assumptions on which the debt service on |
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117 | 117 | | unissued debt was based; and |
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118 | 118 | | (3) any other factors required by law that affect the |
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119 | 119 | | computation. |
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120 | 120 | | (b) The board may publish the report required by this |
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121 | 121 | | section as a component of any other report required by law, |
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122 | 122 | | including the annual report required by Section 1231.102, or as an |
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123 | 123 | | independent report. The board shall make the report available to |
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124 | 124 | | the public. |
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125 | 125 | | SECTION 3.02. The Bond Review Board shall publish the |
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126 | 126 | | initial report required by Section 1231.153, Government Code, as |
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127 | 127 | | added by this article, during the state fiscal year beginning |
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128 | 128 | | September 1, 2011. |
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129 | 129 | | SECTION 3.03. This article takes effect immediately if this |
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130 | 130 | | Act receives a vote of two-thirds of all the members elected to each |
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131 | 131 | | house, as provided by Section 39, Article III, Texas Constitution. |
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132 | 132 | | If this Act does not receive the vote necessary for immediate |
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133 | 133 | | effect, this article takes effect September 1, 2011. |
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134 | 134 | | ARTICLE 4. ELECTRONIC PAYMENTS |
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135 | 135 | | SECTION 4.01. Section 403.016, Government Code, is amended |
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136 | 136 | | to read as follows: |
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137 | 137 | | Sec. 403.016. ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY |
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138 | 138 | | CARDS. (a) The comptroller shall establish and operate an |
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139 | 139 | | electronic funds transfer system in accordance with this section. |
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140 | 140 | | The comptroller may use the services of financial institutions, |
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141 | 141 | | automated clearinghouses, and the federal government to establish |
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142 | 142 | | and operate the electronic funds transfer system. The comptroller |
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143 | 143 | | also shall establish and operate an efficient and effective system |
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144 | 144 | | of making payments by electronic pay card. |
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145 | 145 | | (b) The comptroller shall use either the electronic funds |
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146 | 146 | | transfer system or an electronic pay card to pay an employee's net |
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147 | 147 | | state salary and travel expense reimbursements [unless: |
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148 | 148 | | [(1) the employee does not hold a classified position |
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149 | 149 | | under the state's position classification plan and the employee's |
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150 | 150 | | gross state salary is less than the gross state salary for a |
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151 | 151 | | position classified to group 8, step 1, of the state position |
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152 | 152 | | classification plan; or |
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153 | 153 | | [(2) the employee holds a classified position under |
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154 | 154 | | the state's position classification plan that is classified below |
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155 | 155 | | group 8]. |
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156 | 156 | | (c) The comptroller shall use either the electronic funds |
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157 | 157 | | transfer system or an electronic pay card to make: |
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158 | 158 | | (1) payments [of more than $100] to annuitants by the |
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159 | 159 | | Employees Retirement System of Texas or the Teacher Retirement |
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160 | 160 | | System of Texas under either system's administrative jurisdiction |
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161 | 161 | | and payments to annuitants of any other retirement system who are |
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162 | 162 | | paid from funds in the state treasury; |
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163 | 163 | | (2) recurring payments to municipalities, counties, |
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164 | 164 | | political subdivisions, special districts, and other governmental |
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165 | 165 | | entities of this state; and |
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166 | 166 | | (3) payments to vendors who choose to receive payment |
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167 | 167 | | through the electronic funds transfer system or an electronic pay |
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168 | 168 | | card rather than by warrant. |
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169 | 169 | | (d) If the comptroller is not required by this section to |
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170 | 170 | | use either the electronic funds transfer system or an electronic |
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171 | 171 | | pay card to pay a person, the comptroller may use the electronic |
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172 | 172 | | funds transfer system or an electronic pay card to pay the person on |
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173 | 173 | | the person's request. |
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174 | 174 | | (e)(1) [(f)(1)] Except as provided by Subdivisions (2) and |
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175 | 175 | | (4) and subject to any limitation in rules adopted by the |
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176 | 176 | | comptroller, an automated clearinghouse, or the federal |
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177 | 177 | | government, the comptroller may use the electronic funds transfer |
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178 | 178 | | system to deposit payments only to one or more accounts of a payee |
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179 | 179 | | at one or more financial institutions, including credit unions. |
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180 | 180 | | (2) The comptroller may also use the electronic funds |
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181 | 181 | | transfer system to deposit a portion of an employee's gross pay into |
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182 | 182 | | the employee's account at a credit union as prescribed by |
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183 | 183 | | Subchapter G, Chapter 659. |
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184 | 184 | | (3) A single electronic funds transfer may contain |
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185 | 185 | | payments to multiple payees. Individual transfers or warrants are |
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186 | 186 | | not required for each payee. |
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187 | 187 | | (4) The comptroller may also use the electronic funds |
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188 | 188 | | transfer system to deposit a portion of an employee's gross pay into |
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189 | 189 | | an account of an eligible state employee organization for a |
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190 | 190 | | membership as prescribed by Subchapter G, Chapter 659. |
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191 | 191 | | (f) [(g)] When a law requires the comptroller to make a |
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192 | 192 | | payment by warrant, the comptroller may instead make the payment |
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193 | 193 | | through the electronic funds transfer system or by electronic pay |
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194 | 194 | | card. The comptroller's use of the electronic funds transfer |
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195 | 195 | | system, an electronic pay card, or any other payment means does not |
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196 | 196 | | create a right that would not have been created if a warrant had |
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197 | 197 | | been issued. |
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198 | 198 | | (g) [(h) Notwithstanding any requirement in this section to |
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199 | 199 | | make a payment through the electronic funds transfer system, the |
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200 | 200 | | comptroller shall issue a warrant to pay a person if: |
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201 | 201 | | [(1) the person properly notifies the comptroller |
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202 | 202 | | that: |
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203 | 203 | | [(A) receiving the payment by electronic funds |
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204 | 204 | | transfer would be impractical to the person; |
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205 | 205 | | [(B) receiving the payment by electronic funds |
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206 | 206 | | transfer would be more costly to the person than receiving the |
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207 | 207 | | payment by warrant; |
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208 | 208 | | [(C) the person is unable to establish a |
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209 | 209 | | qualifying account at a financial institution to receive electronic |
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210 | 210 | | funds transfers; or |
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211 | 211 | | [(D) the person chooses to receive the payment by |
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212 | 212 | | warrant; or |
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213 | 213 | | [(2) the state agency on whose behalf the comptroller |
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214 | 214 | | makes the payment properly notifies the comptroller that: |
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215 | 215 | | [(A) making the payment by electronic funds |
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216 | 216 | | transfer would be impractical to the agency; or |
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217 | 217 | | [(B) making the payment by electronic funds |
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218 | 218 | | transfer would be more costly to the agency than making the payment |
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219 | 219 | | by warrant. |
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220 | 220 | | [(i)] Notwithstanding any requirement in this section to |
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221 | 221 | | make a payment through the electronic funds transfer system or by |
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222 | 222 | | electronic pay card, the comptroller may make a payment by warrant |
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223 | 223 | | if the comptroller determines that[: |
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224 | 224 | | [(1) using the electronic funds transfer system would |
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225 | 225 | | be impractical to the state; or |
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226 | 226 | | [(2)] the cost to the state of using the electronic |
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227 | 227 | | funds transfer or electronic pay card system would exceed the cost |
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228 | 228 | | of issuing a warrant. |
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229 | 229 | | (h) [(j)] The comptroller shall adopt rules to administer |
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230 | 230 | | this section, including rules relating to allowing recipients of |
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231 | 231 | | state payments to choose at appropriate times between receiving |
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232 | 232 | | payment through the electronic funds transfer system, by electronic |
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233 | 233 | | pay card, or by warrant [the notifications that may be provided to |
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234 | 234 | | the comptroller under Subsection (h)]. |
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235 | 235 | | SECTION 4.02. Subchapter B, Chapter 403, Government Code, |
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236 | 236 | | is amended by adding Section 403.0161 to read as follows: |
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237 | 237 | | Sec. 403.0161. CONTRACTS FOR ELECTRONIC PAY CARD SERVICES. |
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238 | 238 | | The comptroller may contract with one or more vendors for the |
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239 | 239 | | provision of electronic pay card services. A contract under this |
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240 | 240 | | section must be by competitive bid. The comptroller shall specify |
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241 | 241 | | the qualifications for bidders, which must include requirements |
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242 | 242 | | that the entity that issues the pay card must: |
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243 | 243 | | (1) be federally insured or possess sufficient |
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244 | 244 | | financial resources to ensure protection of payees; and |
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245 | 245 | | (2) demonstrate adequate 24-hour customer service to |
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246 | 246 | | ensure that all payees are able to reasonably access their funds |
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247 | 247 | | worldwide at any time. |
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248 | 248 | | SECTION 4.03. Section 659.084, Government Code, is amended |
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249 | 249 | | to read as follows: |
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250 | 250 | | Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for |
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251 | 251 | | state officers and employees paid once a month shall be paid through |
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252 | 252 | | electronic funds transfer under Section 403.016 unless paid on an |
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253 | 253 | | electronic pay card [warrant] as permitted under that section. |
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254 | 254 | | SECTION 4.04. This article takes effect January 1, 2012. |
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255 | 255 | | ARTICLE 5. FISCAL MATTERS RELATING TO SECRETARY OF STATE |
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256 | 256 | | SECTION 5.01. Section 405.014, Government Code, is amended |
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257 | 257 | | to read as follows: |
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258 | 258 | | Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each |
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259 | 259 | | session of the legislature the secretary of state shall obtain the |
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260 | 260 | | bills that have become law. Immediately after the closing of each |
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261 | 261 | | session of the legislature, the secretary of state shall bind all |
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262 | 262 | | enrolled bills and resolutions in volumes on which the date of the |
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263 | 263 | | session is placed. |
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264 | 264 | | (b) As soon as practicable after the closing of each session |
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265 | 265 | | of the legislature, the secretary of state shall publish and |
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266 | 266 | | maintain electronically the bills enacted at that session. The |
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267 | 267 | | electronic publication must be: |
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268 | 268 | | (1) indexed by bill number and assigned chapter number |
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269 | 269 | | for each bill; and |
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270 | 270 | | (2) made available by an electronic link on the |
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271 | 271 | | secretary of state's generally accessible Internet website. |
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272 | 272 | | SECTION 5.02. Subchapter B, Chapter 2158, Government Code, |
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273 | 273 | | is repealed. |
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274 | 274 | | SECTION 5.03. The change in law made by this article does |
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275 | 275 | | not apply to a contract for the publication of the laws of this |
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276 | 276 | | state entered into before the effective date of this article. |
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277 | 277 | | SECTION 5.04. This article takes effect immediately if this |
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278 | 278 | | Act receives a vote of two-thirds of all the members elected to each |
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279 | 279 | | house, as provided by Section 39, Article III, Texas Constitution. |
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280 | 280 | | If this Act does not receive the vote necessary for immediate |
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281 | 281 | | effect, this article takes effect September 1, 2011. |
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282 | 282 | | ARTICLE 6. FISCAL MATTERS REGARDING ATTORNEY GENERAL |
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283 | 283 | | SECTION 6.01. Section 402.006, Government Code, is amended |
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284 | 284 | | by adding Subsection (e) to read as follows: |
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285 | 285 | | (e) The attorney general may charge a reasonable fee for the |
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286 | 286 | | electronic filing of a document. |
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287 | 287 | | SECTION 6.02. The heading to Section 402.0212, Government |
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288 | 288 | | Code, is amended to read as follows: |
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289 | 289 | | Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE |
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290 | 290 | | COUNSEL; FEES. |
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291 | 291 | | SECTION 6.03. Section 402.0212, Government Code, is amended |
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292 | 292 | | by amending Subsections (b) and (c) and adding Subsections (d), |
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293 | 293 | | (e), and (f) to read as follows: |
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294 | 294 | | (b) An invoice submitted to a state agency under a contract |
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295 | 295 | | for legal services as described by Subsection (a) must be reviewed |
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296 | 296 | | by the attorney general to determine whether the invoice is |
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297 | 297 | | eligible for payment. |
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298 | 298 | | (c) An attorney or law firm must pay an administrative fee |
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299 | 299 | | to the attorney general for the review described in Subsection (b) |
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300 | 300 | | when entering into a contract to provide legal services to a state |
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301 | 301 | | agency. |
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302 | 302 | | (d) For purposes of this section, the functions of a hearing |
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303 | 303 | | examiner, administrative law judge, or other quasi-judicial |
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304 | 304 | | officer are not considered legal services. |
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305 | 305 | | (e) [(c)] This section shall not apply to the Texas Turnpike |
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306 | 306 | | Authority division of the Texas Department of Transportation. |
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307 | 307 | | (f) The attorney general may adopt rules as necessary to |
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308 | 308 | | implement and administer this section. |
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309 | 309 | | SECTION 6.04. Section 371.051, Transportation Code, is |
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310 | 310 | | amended to read as follows: |
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311 | 311 | | Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll |
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312 | 312 | | project entity may not enter into a comprehensive development |
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313 | 313 | | agreement unless the attorney general reviews the proposed |
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314 | 314 | | agreement and determines that it is legally sufficient. |
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315 | 315 | | (b) The attorney general may charge a toll project entity a |
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316 | 316 | | reasonable fee for the review described in Subsection (a). |
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317 | 317 | | (c) If the toll project entity submits multiple proposed |
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318 | 318 | | comprehensive development agreements relating to the same toll |
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319 | 319 | | project for review, the entity shall pay the fee under Subsection |
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320 | 320 | | (b) for each proposed comprehensive development agreement. |
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321 | 321 | | (d) The toll project entity may collect or seek |
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322 | 322 | | reimbursement of the fee under Subsection (b) from the private |
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323 | 323 | | participant under the proposed comprehensive development |
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324 | 324 | | agreement. |
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325 | 325 | | (e) The attorney general may adopt rules necessary to |
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326 | 326 | | implement and administer this section. |
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327 | 327 | | SECTION 6.05. The fee prescribed by Section 402.006, |
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328 | 328 | | Government Code, as amended by this article, applies only to a |
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329 | 329 | | document electronically submitted to the office of the attorney |
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330 | 330 | | general on or after the effective date of this article. |
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331 | 331 | | SECTION 6.06. The fee prescribed by Section 402.0212, |
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332 | 332 | | Government Code, as amended by this article, applies only to |
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333 | 333 | | invoices for legal services submitted to the office of the attorney |
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334 | 334 | | general for review on or after the effective date of this article. |
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335 | 335 | | SECTION 6.07. The fee prescribed by Section 371.051, |
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336 | 336 | | Transportation Code, as amended by this article, applies only to a |
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337 | 337 | | comprehensive development agreement submitted to the office of the |
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338 | 338 | | attorney general on or after the effective date of this article. |
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339 | 339 | | SECTION 6.08. This article takes effect immediately if this |
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340 | 340 | | Act receives a vote of two-thirds of all the members elected to each |
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341 | 341 | | house, as provided by Section 39, Article III, Texas Constitution. |
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342 | 342 | | If this Act does not receive the vote necessary for immediate |
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343 | 343 | | effect, this article takes effect September 1, 2011. |
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344 | 344 | | ARTICLE 7. TEXAS PRESERVATION TRUST FUND ACCOUNT |
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345 | 345 | | SECTION 7.01. Sections 442.015(a), (b), and (f), Government |
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346 | 346 | | Code, are amended to read as follows: |
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347 | 347 | | (a) Notwithstanding Section [Sections 403.094 and] 403.095, |
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348 | 348 | | the Texas preservation trust fund account is a separate account in |
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349 | 349 | | the general revenue fund. The account consists of transfers made to |
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350 | 350 | | the account, loan repayments, grants and donations made for the |
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351 | 351 | | purposes of this program, proceeds of sales, income earned |
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352 | 352 | | [earnings] on money in the account, and any other money received |
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353 | 353 | | under this section. Money in [Distributions from] the account may |
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354 | 354 | | be used only for the purposes of this section and [may not be used] |
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355 | 355 | | to pay operating expenses of the commission. Money allocated to the |
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356 | 356 | | commission's historic preservation grant program shall be |
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357 | 357 | | deposited to the credit of the account. Income earned [Earnings] on |
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358 | 358 | | money in the account shall be deposited to the credit of the |
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359 | 359 | | account. |
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360 | 360 | | (b) The commission may use money in [distributions from] the |
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361 | 361 | | Texas preservation trust fund account to provide financial |
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362 | 362 | | assistance to public or private entities for the acquisition, |
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363 | 363 | | survey, restoration, or preservation, or for planning and |
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364 | 364 | | educational activities leading to the preservation, of historic |
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365 | 365 | | property in the state that is listed in the National Register of |
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366 | 366 | | Historic Places or designated as a State Archeological Landmark or |
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367 | 367 | | Recorded Texas Historic Landmark, or that the commission determines |
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368 | 368 | | is eligible for such listing or designation. The financial |
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369 | 369 | | assistance may be in the amount and form and according to the terms |
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370 | 370 | | that the commission by rule determines. The commission shall give |
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371 | 371 | | priority to property the commission determines to be endangered by |
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372 | 372 | | demolition, neglect, underuse, looting, vandalism, or other threat |
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373 | 373 | | to the property. Gifts and grants deposited to the credit of the |
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374 | 374 | | account specifically for any eligible projects may be used only for |
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375 | 375 | | the type of projects specified. If such a specification is not |
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376 | 376 | | made, the gift or grant shall be unencumbered and accrue to the |
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377 | 377 | | benefit of the Texas preservation trust fund account. If such a |
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378 | 378 | | specification is made, the entire amount of the gift or grant may be |
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379 | 379 | | used during any period for the project or type of project specified. |
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380 | 380 | | (f) The advisory board shall recommend to the commission |
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381 | 381 | | rules for administering this section [Subsections (a)-(e)]. |
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382 | 382 | | SECTION 7.02. Sections 442.015(h), (i), (j), (k), and (l), |
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383 | 383 | | Government Code, are repealed. |
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384 | 384 | | SECTION 7.03. The comptroller and the Texas Historical |
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385 | 385 | | Commission shall enter into a memorandum of understanding to |
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386 | 386 | | facilitate the conversion of assets of the Texas preservation trust |
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387 | 387 | | fund account into cash for deposit into the state treasury using a |
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388 | 388 | | method that provides for the lowest amount of revenue loss to the |
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389 | 389 | | state. |
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390 | 390 | | SECTION 7.04. This article takes effect November 1, 2011. |
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391 | 391 | | ARTICLE 8. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY |
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392 | 392 | | SECTION 8.01. Section 2054.380, Government Code, is amended |
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393 | 393 | | to read as follows: |
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394 | 394 | | Sec. 2054.380. FEES. (a) The department shall set and |
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395 | 395 | | charge a fee to each state agency that receives a service from a |
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396 | 396 | | statewide technology center in an amount sufficient to cover the |
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397 | 397 | | direct and indirect cost of providing the service. |
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398 | 398 | | (b) Revenue derived from the collection of fees imposed |
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399 | 399 | | under Subsection (a) may be appropriated to the department for: |
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400 | 400 | | (1) developing statewide information resources |
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401 | 401 | | technology policies and planning under this chapter and Chapter |
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402 | 402 | | 2059; and |
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403 | 403 | | (2) providing shared information resources technology |
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404 | 404 | | services. |
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405 | 405 | | SECTION 8.02. Section 2157.068(d), Government Code, is |
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406 | 406 | | amended to read as follows: |
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407 | 407 | | (d) The department may charge a reasonable administrative |
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408 | 408 | | fee to a state agency, political subdivision of this state, or |
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409 | 409 | | governmental entity of another state that purchases commodity items |
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410 | 410 | | through the department in an amount that is sufficient to recover |
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411 | 411 | | costs associated with the administration of this section. Revenue |
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412 | 412 | | derived from the collection of fees imposed under this subsection |
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413 | 413 | | may be appropriated to the department for: |
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414 | 414 | | (1) developing statewide information resources |
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415 | 415 | | technology policies and planning under Chapters 2054 and 2059; and |
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416 | 416 | | (2) providing shared information resources technology |
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417 | 417 | | services. |
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418 | 418 | | SECTION 8.03. Sections 2170.057(a) and (d), Government |
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419 | 419 | | Code, are amended to read as follows: |
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420 | 420 | | (a) The department shall develop a system of billings and |
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421 | 421 | | charges for services provided in operating and administering the |
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422 | 422 | | consolidated telecommunications system that allocates the total |
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423 | 423 | | state cost to each entity served by the system based on |
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424 | 424 | | proportionate usage. The department shall set and charge a fee to |
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425 | 425 | | each entity that receives services provided under this chapter in |
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426 | 426 | | an amount sufficient to cover the direct and indirect costs of |
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427 | 427 | | providing the service. Revenue derived from the collection of fees |
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428 | 428 | | imposed under this subsection may be appropriated to the department |
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429 | 429 | | for: |
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430 | 430 | | (1) developing statewide information resources |
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431 | 431 | | technology policies and planning under Chapters 2054 and 2059; and |
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432 | 432 | | (2) providing: |
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433 | 433 | | (A) shared information resources technology |
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434 | 434 | | services under Chapter 2054; and |
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435 | 435 | | (B) network security services under Chapter |
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436 | 436 | | 2059. |
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437 | 437 | | (d) The department shall maintain in the revolving fund |
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438 | 438 | | account sufficient amounts to pay the bills of the consolidated |
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439 | 439 | | telecommunications system and the centralized capitol complex |
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440 | 440 | | telephone system. The department shall certify amounts that exceed |
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441 | 441 | | this amount to the comptroller, and the comptroller shall transfer |
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442 | 442 | | the excess amounts to the credit of the general revenue fund. The |
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443 | 443 | | amounts transferred under this subsection may be appropriated to |
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444 | 444 | | the department for the purposes described by Subsections (a)(1) and |
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445 | 445 | | (2) [statewide network applications account established by Section |
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446 | 446 | | 2054.011]. |
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447 | 447 | | SECTION 8.04. This article takes effect immediately if this |
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448 | 448 | | Act receives a vote of two-thirds of all the members elected to each |
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449 | 449 | | house, as provided by Section 39, Article III, Texas Constitution. |
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450 | 450 | | If this Act does not receive the vote necessary for immediate |
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451 | 451 | | effect, this article takes effect September 1, 2011. |
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452 | 452 | | ARTICLE 9. LOBBY REGISTRATION |
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453 | 453 | | SECTION 9.01. Section 305.005(c), Government Code, is |
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454 | 454 | | amended to read as follows: |
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455 | 455 | | (c) The registration fee and registration renewal fee are: |
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456 | 456 | | (1) an amount prescribed by the General Appropriations |
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457 | 457 | | Act of not more than $200 and not less than $100 for a registrant |
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458 | 458 | | employed by an organization exempt from federal income tax under |
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459 | 459 | | Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986; |
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460 | 460 | | (2) an amount prescribed by the General Appropriations |
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461 | 461 | | Act of not more than $100 and not less than $50 for any person |
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462 | 462 | | required to register solely because the person is required to |
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463 | 463 | | register under Section 305.0041 [of this chapter]; or |
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464 | 464 | | (3) an amount prescribed by the General Appropriations |
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465 | 465 | | Act of not more than $1,000 and not less than $500 for any other |
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466 | 466 | | registrant. |
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467 | 467 | | ARTICLE 10. EFFECTIVE DATE |
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468 | 468 | | SECTION 10.01. Except as otherwise provided by this Act, |
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469 | 469 | | this Act takes effect September 1, 2011. |
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