82R12073 MTB-D
By: Ogden S.B. No. 1579
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 after conducting a cost analysis
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. The comptroller shall submit to the
Legislative Budget Board the cost analysis supporting each
determination made by the comptroller under this subsection.
(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 shall 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) At the request of a party to a contract described by
Subsection (a), the attorney general shall review an invoice
submitted to a state agency under the contract to determine whether
the invoice is eligible for payment. The attorney general may
charge the party requesting the review a reasonable fee for the
review.
(c) The attorney general may, at the attorney general's
discretion, review an invoice submitted to a state agency under a
contract described by Subsection (a).
(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) Subsections (a) and (d) do [(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 REGARDING OPERATION OF STATE CEMETERY
SECTION 8.01. Section 2165.256(a), Government Code, is
amended to read as follows:
(a) The State Cemetery Committee shall oversee all
operations of the State Cemetery. The committee shall develop a
budget for the operations of the State Preservation Board
[commission] relating to the State Cemetery and determine the
salary of employees of the State Preservation Board [commission]
whose duties primarily relate to the operation of the State
Cemetery.
SECTION 8.02. Sections 2165.2561(a), (k), (l), (p), (q),
(r), and (t), Government Code, are amended to read as follows:
(a) The State Cemetery Committee is composed of:
(1) three voting members appointed as follows:
(A) one member of the general public appointed by
the governor;
(B) one member of the general public appointed by
the governor from a list submitted by the lieutenant governor; and
(C) one member of the general public appointed by
the governor from a list submitted by the speaker of the house of
representatives; and
(2) three nonvoting advisory members appointed as
follows:
(A) one employee of the Texas Historical
Commission appointed by the executive director of the Texas
Historical Commission;
(B) one employee of the State Preservation Board
[Texas Building and Procurement Commission] appointed by the
executive director of the State Preservation Board [Texas Building
and Procurement Commission]; and
(C) one employee of the Parks and Wildlife
Department appointed by the executive director of the Parks and
Wildlife Department.
(k) The legislature shall separately appropriate money to
the committee within the appropriations to the State Preservation
Board [Texas Building and Procurement Commission] for all matters
relating to the operation of the State Cemetery. Activities
relating to maintenance of the State Cemetery grounds and monuments
shall conform to guidelines for historic preservation submitted to
the committee by the Texas Historical Commission.
(l) Funds appropriated to the State Preservation Board
[Texas Building and Procurement Commission] may be transferred by
interagency contract for the performance of, at the direction of
the committee, an act related to the State Cemetery.
(p) If the executive director of the State Preservation
Board [commission] has knowledge that a potential ground for
removal exists, the executive director shall notify the presiding
officer of the committee of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the committee, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
(q) The executive director of the State Preservation Board
[commission] or the executive director's designee shall provide to
members of the committee, as often as necessary, information
regarding the requirements for office under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers.
(r) A person who is appointed to and qualifies for office as
a member of the committee may not vote, deliberate, or be counted as
a member in attendance at a meeting of the committee until the
person completes a training program that complies with this
subsection. The training program must provide the person with
information regarding:
(1) the legislation that created the State Cemetery
and the State Cemetery Committee;
(2) the programs operated by the committee;
(3) the role and functions of the committee;
(4) the rules of the committee, with an emphasis on any
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the committee;
(6) the results of the most recent formal audit of
cemetery operations;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
State Preservation Board [commission], the committee, or the Texas
Ethics Commission.
(t) The committee shall develop and implement policies that
clearly separate the policymaking responsibilities of the
committee and the management responsibilities of the executive
director of the State Preservation Board [commission] and staff of
the cemetery.
SECTION 8.03. (a) Not later than January 1, 2012, the
following are transferred from the Texas Facilities Commission to
the State Preservation Board:
(1) the powers, duties, functions, programs, and
activities of the Texas Facilities Commission relating to the
operation of the State Cemetery under Sections 2165.256 and
2165.2561, Government Code;
(2) any obligations and contracts of the Texas
Facilities Commission that are directly related to implementing a
power, duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Texas Facilities Commission that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(b) The executive director of the State Preservation Board
and the executive director of the Texas Facilities Commission may
agree by memorandum of understanding to transfer to the State
Preservation Board any personnel of the Texas Facilities
Commission whose functions predominantly involve powers, duties,
obligations, functions, and activities related to the operation of
the State Cemetery under Sections 2165.256 and 2165.2561,
Government Code.
(c) A reference in law to the Texas Facilities Commission
that relates to a power, duty, function, program, or activity
transferred under Subsection (a) of this section means the State
Preservation Board.
SECTION 8.04. The Texas Facilities Commission and the State
Preservation Board shall enter into a memorandum of understanding
that:
(1) identifies in detail the applicable powers and
duties that are transferred by this article; and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas Facilities Commission that are used for
purposes of the commission's powers and duties directly related to
the operation of the State Cemetery under Sections 2165.256 and
2165.2561, Government Code.
ARTICLE 9. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
SECTION 9.01. 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
(2) providing shared information resources technology
services.
SECTION 9.02. 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
(2) providing shared information resources technology
services.
SECTION 9.03. Section 2170.057(d), Government Code, is
amended to read as follows:
(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:
(1) developing statewide information resources
technology policies; and
(2) providing:
(A) shared information resources technology
services; and
(B) network security services under Chapter 2059
[statewide network applications account established by Section
2054.011].
SECTION 9.04. 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 10. EFFECTIVE DATE
SECTION 10.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.