82R23682 E
By: Otto H.B. No. 3665
Substitute the following for H.B. No. 3665:
By: Otto C.S.H.B. No. 3665
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters related to general government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
GENERALLY
SECTION 1.01. This article applies to any state agency that
receives an appropriation under Article I of the General
Appropriations Act.
SECTION 1.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
ARTICLE 2. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
FACILITIES
SECTION 2.01. The heading to Section 2165.2035, Government
Code, is amended to read as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; USE AFTER HOURS.
SECTION 2.02. Subchapter E, Chapter 2165, Government Code,
is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
read as follows:
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission
may lease to a private individual an individual parking space in a
state-owned parking lot or garage located in the city of Austin that
the commission determines is not needed to accommodate the regular
parking requirements of state employees who work near the lot or
garage and visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission
may lease to an institution of higher education or a local
government all or a significant block of a state-owned parking lot
or garage located in the city of Austin that the commission
determines is not needed to accommodate the regular parking
requirements of state employees who work near the lot or garage and
visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
October 1 of each even-numbered year, the commission shall submit a
report to the Legislative Budget Board describing the effectiveness
of parking programs developed by the commission under this
subchapter. The report must, at a minimum, include:
(1) the yearly revenue generated by the programs;
(2) the yearly administrative and enforcement costs of
each program;
(3) yearly usage statistics for each program; and
(4) initiatives and suggestions by the commission to:
(A) modify administration of the programs; and
(B) increase revenue generated by the programs.
SECTION 2.03. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 3. STATE DEBT
SECTION 3.01. Chapter 1231, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND
Sec. 1231.151. DEFINITIONS. In this subchapter:
(1) "Maximum annual debt service" means the limitation
on annual debt service imposed by Section 49-j(a), Article III,
Texas Constitution.
(2) "State debt payable from the general revenue fund"
has the meaning assigned by Section 49-j(b), Article III, Texas
Constitution.
(3) "Unissued debt" means state debt payable from the
general revenue fund that has been authorized but not issued.
Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the
annual debt service in a state fiscal year on state debt payable
from the general revenue fund for purposes of determining whether
additional state debt may be authorized without exceeding the
maximum annual debt service, the board may employ any assumptions
related to unissued debt that the board determines are necessary to
reflect common or standard debt issuance practices authorized by
law, including assumptions regarding:
(1) interest rates;
(2) debt maturity; and
(3) debt service payment structures.
Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall
publish during each state fiscal year a report providing a detailed
description of the method used to compute the annual debt service in
that fiscal year on state debt payable from the general revenue fund
for purposes of determining whether additional state debt may be
authorized. The report must describe:
(1) the debt service included in the computation,
including debt service on issued and unissued debt;
(2) the assumptions on which the debt service on
unissued debt was based; and
(3) any other factors required by law that affect the
computation.
(b) The board may publish the report required by this
section as a component of any other report required by law,
including the annual report required by Section 1231.102, or as an
independent report. The board shall make the report available to
the public.
SECTION 3.02. The Bond Review Board shall publish the
initial report required by Section 1231.153, Government Code, as
added by this article, during the state fiscal year beginning
September 1, 2011.
SECTION 3.03. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 4. ELECTRONIC PAYMENTS
SECTION 4.01. Section 403.016, Government Code, is amended
to read as follows:
Sec. 403.016. ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY
CARDS. (a) The comptroller shall establish and operate an
electronic funds transfer system in accordance with this section.
The comptroller may use the services of financial institutions,
automated clearinghouses, and the federal government to establish
and operate the electronic funds transfer system. The comptroller
also shall establish and operate an efficient and effective system
of making payments by electronic pay card.
(b) The comptroller shall use either the electronic funds
transfer system or an electronic pay card to pay an employee's net
state salary and travel expense reimbursements [unless:
[(1) the employee does not hold a classified position
under the state's position classification plan and the employee's
gross state salary is less than the gross state salary for a
position classified to group 8, step 1, of the state position
classification plan; or
[(2) the employee holds a classified position under
the state's position classification plan that is classified below
group 8].
(c) The comptroller shall use either the electronic funds
transfer system or an electronic pay card to make:
(1) payments [of more than $100] to annuitants by the
Employees Retirement System of Texas or the Teacher Retirement
System of Texas under either system's administrative jurisdiction
and payments to annuitants of any other retirement system who are
paid from funds in the state treasury;
(2) recurring payments to municipalities, counties,
political subdivisions, special districts, and other governmental
entities of this state; and
(3) payments to vendors who choose to receive payment
through the electronic funds transfer system or an electronic pay
card rather than by warrant.
(d) If the comptroller is not required by this section to
use either the electronic funds transfer system or an electronic
pay card to pay a person, the comptroller may use the electronic
funds transfer system or an electronic pay card to pay the person on
the person's request.
(e)(1) [(f)(1)] Except as provided by Subdivisions (2) and
(4) and subject to any limitation in rules adopted by the
comptroller, an automated clearinghouse, or the federal
government, the comptroller may use the electronic funds transfer
system to deposit payments only to one or more accounts of a payee
at one or more financial institutions, including credit unions.
(2) The comptroller may also use the electronic funds
transfer system to deposit a portion of an employee's gross pay into
the employee's account at a credit union as prescribed by
Subchapter G, Chapter 659.
(3) A single electronic funds transfer may contain
payments to multiple payees. Individual transfers or warrants are
not required for each payee.
(4) The comptroller may also use the electronic funds
transfer system to deposit a portion of an employee's gross pay into
an account of an eligible state employee organization for a
membership as prescribed by Subchapter G, Chapter 659.
(f) [(g)] When a law requires the comptroller to make a
payment by warrant, the comptroller may instead make the payment
through the electronic funds transfer system or by electronic pay
card. The comptroller's use of the electronic funds transfer
system, an electronic pay card, or any other payment means does not
create a right that would not have been created if a warrant had
been issued.
(g) [(h) Notwithstanding any requirement in this section to
make a payment through the electronic funds transfer system, the
comptroller shall issue a warrant to pay a person if:
[(1) the person properly notifies the comptroller
that:
[(A) receiving the payment by electronic funds
transfer would be impractical to the person;
[(B) receiving the payment by electronic funds
transfer would be more costly to the person than receiving the
payment by warrant;
[(C) the person is unable to establish a
qualifying account at a financial institution to receive electronic
funds transfers; or
[(D) the person chooses to receive the payment by
warrant; or
[(2) the state agency on whose behalf the comptroller
makes the payment properly notifies the comptroller that:
[(A) making the payment by electronic funds
transfer would be impractical to the agency; or
[(B) making the payment by electronic funds
transfer would be more costly to the agency than making the payment
by warrant.
[(i)] Notwithstanding any requirement in this section to
make a payment through the electronic funds transfer system or by
electronic pay card, the comptroller may make a payment by warrant
if the comptroller determines that[:
[(1) using the electronic funds transfer system would
be impractical to the state; or
[(2)] the cost to the state of using the electronic
funds transfer or electronic pay card system would exceed the cost
of issuing a warrant.
(h) [(j)] The comptroller shall adopt rules to administer
this section, including rules relating to allowing recipients of
state payments to choose at appropriate times between receiving
payment through the electronic funds transfer system, by electronic
pay card, or by warrant [the notifications that may be provided to
the comptroller under Subsection (h)].
SECTION 4.02. Subchapter B, Chapter 403, Government Code,
is amended by adding Section 403.0161 to read as follows:
Sec. 403.0161. CONTRACTS FOR ELECTRONIC PAY CARD SERVICES.
The comptroller may contract with one or more vendors for the
provision of electronic pay card services. A contract under this
section must be by competitive bid. The comptroller shall specify
the qualifications for bidders, which must include requirements
that the entity that issues the pay card must:
(1) be federally insured or possess sufficient
financial resources to ensure protection of payees; and
(2) demonstrate adequate 24-hour customer service to
ensure that all payees are able to reasonably access their funds
worldwide at any time.
SECTION 4.03. Section 659.084, Government Code, is amended
to read as follows:
Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for
state officers and employees paid once a month shall be paid through
electronic funds transfer under Section 403.016 unless paid on an
electronic pay card [warrant] as permitted under that section.
SECTION 4.04. This article takes effect January 1, 2012.
ARTICLE 5. FISCAL MATTERS RELATING TO SECRETARY OF STATE
SECTION 5.01. Section 405.014, Government Code, is amended
to read as follows:
Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each
session of the legislature the secretary of state shall obtain the
bills that have become law. Immediately after the closing of each
session of the legislature, the secretary of state shall bind all
enrolled bills and resolutions in volumes on which the date of the
session is placed.
(b) As soon as practicable after the closing of each session
of the legislature, the secretary of state shall publish and
maintain electronically the bills enacted at that session. The
electronic publication must be:
(1) indexed by bill number and assigned chapter number
for each bill; and
(2) made available by an electronic link on the
secretary of state's generally accessible Internet website.
SECTION 5.02. Subchapter B, Chapter 2158, Government Code,
is repealed.
SECTION 5.03. The change in law made by this article does
not apply to a contract for the publication of the laws of this
state entered into before the effective date of this article.
SECTION 5.04. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 6. FISCAL MATTERS REGARDING ATTORNEY GENERAL
SECTION 6.01. Section 402.006, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) The attorney general may charge a reasonable fee for the
electronic filing of a document.
SECTION 6.02. The heading to Section 402.0212, Government
Code, is amended to read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
COUNSEL; FEES.
SECTION 6.03. Section 402.0212, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsections (d),
(e), and (f) to read as follows:
(b) An invoice submitted to a state agency under a contract
for legal services as described by Subsection (a) must be reviewed
by the attorney general to determine whether the invoice is
eligible for payment.
(c) An attorney or law firm must pay an administrative fee
to the attorney general for the review described in Subsection (b)
when entering into a contract to provide legal services to a state
agency.
(d) For purposes of this section, the functions of a hearing
examiner, administrative law judge, or other quasi-judicial
officer are not considered legal services.
(e) [(c)] This section shall not apply to the Texas Turnpike
Authority division of the Texas Department of Transportation.
(f) The attorney general may adopt rules as necessary to
implement and administer this section.
SECTION 6.04. Section 371.051, Transportation Code, is
amended to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll
project entity may not enter into a comprehensive development
agreement unless the attorney general reviews the proposed
agreement and determines that it is legally sufficient.
(b) The attorney general may charge a toll project entity a
reasonable fee for the review described in Subsection (a).
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the fee under Subsection
(b) for each proposed comprehensive development agreement.
(d) The toll project entity may collect or seek
reimbursement of the fee under Subsection (b) from the private
participant under the proposed comprehensive development
agreement.
(e) The attorney general may adopt rules necessary to
implement and administer this section.
SECTION 6.05. The fee prescribed by Section 402.006,
Government Code, as amended by this article, applies only to a
document electronically submitted to the office of the attorney
general on or after the effective date of this article.
SECTION 6.06. The fee prescribed by Section 402.0212,
Government Code, as amended by this article, applies only to
invoices for legal services submitted to the office of the attorney
general for review on or after the effective date of this article.
SECTION 6.07. The fee prescribed by Section 371.051,
Transportation Code, as amended by this article, applies only to a
comprehensive development agreement submitted to the office of the
attorney general on or after the effective date of this article.
SECTION 6.08. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 7. TEXAS PRESERVATION TRUST FUND ACCOUNT
SECTION 7.01. Sections 442.015(a), (b), and (f), Government
Code, are amended to read as follows:
(a) Notwithstanding Section [Sections 403.094 and] 403.095,
the Texas preservation trust fund account is a separate account in
the general revenue fund. The account consists of transfers made to
the account, loan repayments, grants and donations made for the
purposes of this program, proceeds of sales, income earned
[earnings] on money in the account, and any other money received
under this section. Money in [Distributions from] the account may
be used only for the purposes of this section and [may not be used]
to pay operating expenses of the commission. Money allocated to the
commission's historic preservation grant program shall be
deposited to the credit of the account. Income earned [Earnings] on
money in the account shall be deposited to the credit of the
account.
(b) The commission may use money in [distributions from] the
Texas preservation trust fund account to provide financial
assistance to public or private entities for the acquisition,
survey, restoration, or preservation, or for planning and
educational activities leading to the preservation, of historic
property in the state that is listed in the National Register of
Historic Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark, or that the commission determines
is eligible for such listing or designation. The financial
assistance may be in the amount and form and according to the terms
that the commission by rule determines. The commission shall give
priority to property the commission determines to be endangered by
demolition, neglect, underuse, looting, vandalism, or other threat
to the property. Gifts and grants deposited to the credit of the
account specifically for any eligible projects may be used only for
the type of projects specified. If such a specification is not
made, the gift or grant shall be unencumbered and accrue to the
benefit of the Texas preservation trust fund account. If such a
specification is made, the entire amount of the gift or grant may be
used during any period for the project or type of project specified.
(f) The advisory board shall recommend to the commission
rules for administering this section [Subsections (a)-(e)].
SECTION 7.02. Sections 442.015(h), (i), (j), (k), and (l),
Government Code, are repealed.
SECTION 7.03. The comptroller and the Texas Historical
Commission shall enter into a memorandum of understanding to
facilitate the conversion of assets of the Texas preservation trust
fund account into cash for deposit into the state treasury using a
method that provides for the lowest amount of revenue loss to the
state.
SECTION 7.04. This article takes effect November 1, 2011.
ARTICLE 8. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
SECTION 8.01. Section 2054.380, Government Code, is amended
to read as follows:
Sec. 2054.380. FEES. (a) The department shall set and
charge a fee to each state agency that receives a service from a
statewide technology center in an amount sufficient to cover the
direct and indirect cost of providing the service.
(b) Revenue derived from the collection of fees imposed
under Subsection (a) may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under this chapter and Chapter
2059; and
(2) providing shared information resources technology
services.
SECTION 8.02. Section 2157.068(d), Government Code, is
amended to read as follows:
(d) The department may charge a reasonable administrative
fee to a state agency, political subdivision of this state, or
governmental entity of another state that purchases commodity items
through the department in an amount that is sufficient to recover
costs associated with the administration of this section. Revenue
derived from the collection of fees imposed under this subsection
may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing shared information resources technology
services.
SECTION 8.03. Sections 2170.057(a) and (d), Government
Code, are amended to read as follows:
(a) The department shall develop a system of billings and
charges for services provided in operating and administering the
consolidated telecommunications system that allocates the total
state cost to each entity served by the system based on
proportionate usage. The department shall set and charge a fee to
each entity that receives services provided under this chapter in
an amount sufficient to cover the direct and indirect costs of
providing the service. Revenue derived from the collection of fees
imposed under this subsection may be appropriated to the department
for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing:
(A) shared information resources technology
services under Chapter 2054; and
(B) network security services under Chapter
2059.
(d) The department shall maintain in the revolving fund
account sufficient amounts to pay the bills of the consolidated
telecommunications system and the centralized capitol complex
telephone system. The department shall certify amounts that exceed
this amount to the comptroller, and the comptroller shall transfer
the excess amounts to the credit of the general revenue fund. The
amounts transferred under this subsection may be appropriated to
the department for the purposes described by Subsections (a)(1) and
(2) [statewide network applications account established by Section
2054.011].
SECTION 8.04. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 9. LOBBY REGISTRATION
SECTION 9.01. Section 305.005(c), Government Code, is
amended to read as follows:
(c) The registration fee and registration renewal fee are:
(1) an amount prescribed by the General Appropriations
Act of not more than $200 and not less than $100 for a registrant
employed by an organization exempt from federal income tax under
Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986;
(2) an amount prescribed by the General Appropriations
Act of not more than $100 and not less than $50 for any person
required to register solely because the person is required to
register under Section 305.0041 [of this chapter]; or
(3) an amount prescribed by the General Appropriations
Act of not more than $1,000 and not less than $500 for any other
registrant.
ARTICLE 10. EFFECTIVE DATE
SECTION 10.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.