By: Zaffirini S.R. No. 1080
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 83rd
Legislature, Regular Session, 2013, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 12 (gifts and other consideration made to state
agencies for state employee salary supplement or other purposes
and to publication by state agencies of staff compensation and
related information) to consider and take action on the following
matters:
(1) Senate Rules 12.03(1) and (3) are suspended to permit
the committee to change, alter, or amend text and to add text on
matters not in disagreement by adding the following to Section
659.0201, Government Code, in SECTION 1 of the bill:
(b) A state agency that accepts a gift, grant, donation,
or other consideration from a person that the person designates
to be used as a salary supplement for an employee of the agency
shall post on the agency's Internet website, in addition to the
information required by Section 659.026, the amount of each gift,
grant, donation, or other consideration provided by the person
that is designated to be used as a salary supplement for an
employee of the agency. The agency may not post the name of the
person.
Explanation: The change is necessary to clarify which
state agencies have to post certain information relating to a
gift, grant, donation, or other consideration the agency
receives on the agency's Internet website and to clarify the
information that the agency is prohibited from posting.
(2) Senate Rules 12.03(1) and (3) are suspended to permit
the committee to change, alter, or amend text and to add text on a
matter not in disagreement by adding the following to Section
659.0201, Government Code, in SECTION 1 of the bill:
(c) A state agency described by Subsection (b) by rule
shall adopt conflict of interest provisions regarding the
acceptance by the agency of a gift, grant, donation, or other
consideration to be used as a salary supplement for an employee
of the agency. The governing board of an institution of higher
education shall adopt the conflict of interest provisions
required by this subsection in the same manner as the board
adopts other policies applicable to the institution. The agency
shall post the conflict of interest provisions on the agency's
Internet website.
Explanation: The change is necessary to clarify the
application of the provisions to institutions of higher
education.
(3) Senate Rules 12.03(1) and (3) are suspended to permit
the committee to change, alter, or amend text and to add text on a
matter not in disagreement by adding the following to Section
659.0201(d)(1), Government Code, in SECTION 1 of the bill:
"unless the person has made a request to the entity to remain
anonymous".
Explanation: The change is necessary to maintain the
anonymity of certain donors.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add text on matters not included in either the house
or senate version of the bill by adding the following to Section
659.0201, Government Code, in SECTION 1 of the bill:
(e) A state agency that receives a gift, grant, donation,
or other consideration described by Subsection (d) shall compile
the information the agency receives under Subsection (d) into a
report and submit the report to the state auditor and the
legislature.
(f) Information provided to an institution of higher
education under Subsection (d) is confidential and is not subject
to disclosure under Chapter 552.
(g) The state auditor may review the report submitted
under Subsection (e) to identity any conflicts of interest or any
other areas of risk. The state auditor shall report the results
of an audit performed under this section to the legislature.
Explanation: The change is necessary to enable the state
auditor and legislature to be informed about gifts, grants,
donations, or other consideration received by state agencies and
monitor any conflicts of interest that might result from
accepting a gift, grant, donation, or other consideration and to
maintain the confidentiality of information provided by an
institution of higher education.
(5) Senate Rules 12.03(1) and (3) are suspended to permit
the committee to change, alter, or amend text and to add text on a
matter not in disagreement by adding the following to Section
659.0201(h), Government Code, in SECTION 1 of the bill: "that
does not require the release of information that identifies an
anonymous donor".
Explanation: The change is necessary to maintain the
anonymity of certain donors.
(6) Senate Rule 12.03(1) is suspended to permit the
committee to change, alter, or amend text not in disagreement by
adding "officer" to Section 659.026(a)(2)(A), Government Code,
in SECTION 1 of the bill.
Explanation: The change is necessary to clarify the
positions included in the meaning of executive staff.
(7) Senate Rule 12.03(1) is suspended to permit the
committee to change, alter, or amend text not in disagreement by
adding "Paragraph (A)" to Section 659.026(a)(2)(B), Government
Code, in SECTION 1 of the bill.
Explanation: The change is necessary to correct a
cross-reference.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 26, 2013, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate