Texas 2017 - 85th Regular

Texas House Bill HB1118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R13944 YDB-F
2	2	By: Kacal, Shaheen, et al. H.B. No. 1118
3	3	Substitute the following for H.B. No. 1118:
4	4	By: Capriglione C.S.H.B. No. 1118
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the abolishment of the State Council on Competitive
10	10	Government and the transfer of its functions to the comptroller.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 662.0071(a), Government Code, is amended
13	13	to read as follows:
14	14	(a) A state agency shall accept the balance of compensatory
15	15	time accrued under Section 662.007 by a state employee who
16	16	transfers to that agency from another state agency if the employee
17	17	transfers as a direct result of[:
18	18	[(1)] the legislature's transfer of legal authority or
19	19	duties from the agency that formerly employed the employee to the
20	20	agency that currently employs the employee[; or
21	21	[(2) a requirement of the State Council on Competitive
22	22	Government for the agency that formerly employed the employee to
23	23	bid a commercially available service that the agency previously
24	24	performed].
25	25	SECTION 2. Sections 2054.131(b) and (d), Government Code,
26	26	are amended to read as follows:
27	27	(b) If the department [State Council on Competitive
28	28	Government] and the Legislative Budget Board each determine that a
29	29	cost savings may be realized through a private vendor selected
30	30	under this section, the department [State Council on Competitive
31	31	Government] may implement a project that establishes a common
32	32	electronic infrastructure through which each state agency,
33	33	including any retirement system created by statute or by the
34	34	constitution, shall:
35	35	(1) require its work site benefits plan participants
36	36	to electronically:
37	37	(A) enroll in any work site benefits plans
38	38	provided to the person by the state or a state agency;
39	39	(B) add, change, or delete benefits;
40	40	(C) sign any payroll deduction agreements to
41	41	implement a contribution made to a plan in which the participant
42	42	enrolls;
43	43	(D) terminate participation in a voluntary plan;
44	44	(E) initiate account investment changes and
45	45	withdrawals in a retirement plan;
46	46	(F) obtain information regarding plan benefits;
47	47	and
48	48	(G) communicate with the plan administrator; and
49	49	(2) administer its work site benefits plans
50	50	electronically by using the project to:
51	51	(A) enroll new plan participants and, when
52	52	appropriate, terminate plan participation;
53	53	(B) generate eligibility and enrollment reports
54	54	for plan participants;
55	55	(C) link plan administration with payroll
56	56	administration to facilitate payroll deductions for a plan;
57	57	(D) facilitate single-source billing
58	58	arrangements between the agency and a plan provider; and
59	59	(E) transmit and receive information regarding
60	60	the plan.
61	61	(d) If the department [State Council on Competitive
62	62	Government] implements an electronic infrastructure project under
63	63	this section, the department [State Council on Competitive
64	64	Government] shall select and contract with a single private vendor
65	65	to implement the project. The contract must require the
66	66	application of the project to all state agencies without cost to the
67	67	state until the project is initially implemented.
68	68	SECTION 3. Section 2171.104(a), Government Code, is amended
69	69	to read as follows:
70	70	(a) The office of vehicle fleet management[, as directed by
71	71	the State Council on Competitive Government,] shall develop a
72	72	management plan with detailed recommendations for improving the
73	73	administration and operation of the state's vehicle fleet.
74	74	SECTION 4. Section 32.0461, Human Resources Code, is
75	75	amended by amending Subsections (a) and (c) and adding Subsection
76	76	(d) to read as follows:
77	77	(a) The [In consultation and coordination with the State
78	78	Council on Competitive Government, the] commission shall seek
79	79	competitive bids for the claims processing function of the vendor
80	80	drug program.
81	81	(c) The commission may award a contract under this section
82	82	to another person only if the commission determines [department and
83	83	the State Council on Competitive Government determine] that the
84	84	provision of services under that contract would be more
85	85	cost-effective and the time to process claims under the contract
86	86	would be the same as or faster than having employees of the
87	87	commission continue to process claims.
88	88	(d) The commission may consult with the comptroller in
89	89	administering this section.
90	90	SECTION 5. Sections 11.0255(b) and (c), Parks and Wildlife
91	91	Code, are amended to read as follows:
92	92	(b) In calculating the costs under Subsection (a), the
93	93	department[:
94	94	[(1)] shall consider both direct and indirect costs of
95	95	department employees who perform project tasks[; and
96	96	[(2) may use the cost accounting procedures and
97	97	instructions developed by the State Council on Competitive
98	98	Government under Section 2162.102, Government Code].
99	99	(c) On request, the comptroller [State Council on
100	100	Competitive Government] shall provide technical assistance to the
101	101	department[, including assistance with the application of the
102	102	council's cost accounting procedures and instructions].
103	103	SECTION 6. Section 223.042(d), Transportation Code, is
104	104	amended to read as follows:
105	105	(d) The department shall consider all of its direct and
106	106	indirect costs in determining the cost of providing the services.
107	107	[The department shall use the cost accounting procedures and
108	108	instructions developed by the State Council on Competitive
109	109	Government under Section 2162.102(c)(2), Government Code, in
110	110	determining its cost. On request, the State Council on Competitive
111	111	Government shall provide technical assistance to the department
112	112	about the cost accounting procedures and instructions.]
113	113	SECTION 7. The following laws are repealed:
114	114	(1) Section 161.037(b), Agriculture Code;
115	115	(2) Chapter 236, Family Code;
116	116	(3) Section 662.0071(c), Government Code;
117	117	(4) Section 670.003, Government Code;
118	118	(5) Chapter 2162, Government Code;
119	119	(6) Section 2163.001(d), Government Code; and
120	120	(7) Section 11.153(b), Parks and Wildlife Code.
121	121	SECTION 8. (a) On the effective date of this Act, the State
122	122	Council on Competitive Government is abolished.
123	123	(b) The validity of an action taken by or in connection with
124	124	the authority of the State Council on Competitive Government before
125	125	the date the agency is abolished is not affected by the abolition.
126	126	SECTION 9. On the effective date of this Act:
127	127	(1) all powers and duties of the State Council on
128	128	Competitive Government are transferred to the comptroller;
129	129	(2) a rule, form, policy, procedure, or decision of
130	130	the State Council on Competitive Government continues in effect as
131	131	a rule, form, policy, procedure, or decision of the comptroller
132	132	until superseded by an act of the comptroller;
133	133	(3) a reference in law to the State Council on
134	134	Competitive Government means the comptroller;
135	135	(4) any action or proceeding before the State Council
136	136	on Competitive Government is transferred without change in status
137	137	to the comptroller and the comptroller assumes, without a change in
138	138	status, the position of the State Council on Competitive Government
139	139	in any action or proceeding to which the State Council on
140	140	Competitive Government is a party;
141	141	(5) all money, contracts, leases, rights, bonds, and
142	142	obligations of the State Council on Competitive Government are
143	143	transferred to the comptroller;
144	144	(6) all personal property, including records, in the
145	145	custody of the State Council on Competitive Government becomes the
146	146	property of the comptroller; and
147	147	(7) all funds appropriated by the legislature to the
148	148	State Council on Competitive Government are transferred to the
149	149	comptroller.
150	150	SECTION 10. This Act takes effect September 1, 2017.