85R13944 YDB-F
By: Kacal, Shaheen, et al. H.B. No. 1118
Substitute the following for H.B. No. 1118:
By: Capriglione C.S.H.B. No. 1118
A BILL TO BE ENTITLED
AN ACT
relating to the abolishment of the State Council on Competitive
Government and the transfer of its functions to the comptroller.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 662.0071(a), Government Code, is amended
to read as follows:
(a) A state agency shall accept the balance of compensatory
time accrued under Section 662.007 by a state employee who
transfers to that agency from another state agency if the employee
transfers as a direct result of[:
[(1)] the legislature's transfer of legal authority or
duties from the agency that formerly employed the employee to the
agency that currently employs the employee[; or
[(2) a requirement of the State Council on Competitive
Government for the agency that formerly employed the employee to
bid a commercially available service that the agency previously
performed].
SECTION 2. Sections 2054.131(b) and (d), Government Code,
are amended to read as follows:
(b) If the department [State Council on Competitive
Government] and the Legislative Budget Board each determine that a
cost savings may be realized through a private vendor selected
under this section, the department [State Council on Competitive
Government] may implement a project that establishes a common
electronic infrastructure through which each state agency,
including any retirement system created by statute or by the
constitution, shall:
(1) require its work site benefits plan participants
to electronically:
(A) enroll in any work site benefits plans
provided to the person by the state or a state agency;
(B) add, change, or delete benefits;
(C) sign any payroll deduction agreements to
implement a contribution made to a plan in which the participant
enrolls;
(D) terminate participation in a voluntary plan;
(E) initiate account investment changes and
withdrawals in a retirement plan;
(F) obtain information regarding plan benefits;
and
(G) communicate with the plan administrator; and
(2) administer its work site benefits plans
electronically by using the project to:
(A) enroll new plan participants and, when
appropriate, terminate plan participation;
(B) generate eligibility and enrollment reports
for plan participants;
(C) link plan administration with payroll
administration to facilitate payroll deductions for a plan;
(D) facilitate single-source billing
arrangements between the agency and a plan provider; and
(E) transmit and receive information regarding
the plan.
(d) If the department [State Council on Competitive
Government] implements an electronic infrastructure project under
this section, the department [State Council on Competitive
Government] shall select and contract with a single private vendor
to implement the project. The contract must require the
application of the project to all state agencies without cost to the
state until the project is initially implemented.
SECTION 3. Section 2171.104(a), Government Code, is amended
to read as follows:
(a) The office of vehicle fleet management[, as directed by
the State Council on Competitive Government,] shall develop a
management plan with detailed recommendations for improving the
administration and operation of the state's vehicle fleet.
SECTION 4. Section 32.0461, Human Resources Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) The [In consultation and coordination with the State
Council on Competitive Government, the] commission shall seek
competitive bids for the claims processing function of the vendor
drug program.
(c) The commission may award a contract under this section
to another person only if the commission determines [department and
the State Council on Competitive Government determine] that the
provision of services under that contract would be more
cost-effective and the time to process claims under the contract
would be the same as or faster than having employees of the
commission continue to process claims.
(d) The commission may consult with the comptroller in
administering this section.
SECTION 5. Sections 11.0255(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
(b) In calculating the costs under Subsection (a), the
department[:
[(1)] shall consider both direct and indirect costs of
department employees who perform project tasks[; and
[(2) may use the cost accounting procedures and
instructions developed by the State Council on Competitive
Government under Section 2162.102, Government Code].
(c) On request, the comptroller [State Council on
Competitive Government] shall provide technical assistance to the
department[, including assistance with the application of the
council's cost accounting procedures and instructions].
SECTION 6. Section 223.042(d), Transportation Code, is
amended to read as follows:
(d) The department shall consider all of its direct and
indirect costs in determining the cost of providing the services.
[The department shall use the cost accounting procedures and
instructions developed by the State Council on Competitive
Government under Section 2162.102(c)(2), Government Code, in
determining its cost. On request, the State Council on Competitive
Government shall provide technical assistance to the department
about the cost accounting procedures and instructions.]
SECTION 7. The following laws are repealed:
(1) Section 161.037(b), Agriculture Code;
(2) Chapter 236, Family Code;
(3) Section 662.0071(c), Government Code;
(4) Section 670.003, Government Code;
(5) Chapter 2162, Government Code;
(6) Section 2163.001(d), Government Code; and
(7) Section 11.153(b), Parks and Wildlife Code.
SECTION 8. (a) On the effective date of this Act, the State
Council on Competitive Government is abolished.
(b) The validity of an action taken by or in connection with
the authority of the State Council on Competitive Government before
the date the agency is abolished is not affected by the abolition.
SECTION 9. On the effective date of this Act:
(1) all powers and duties of the State Council on
Competitive Government are transferred to the comptroller;
(2) a rule, form, policy, procedure, or decision of
the State Council on Competitive Government continues in effect as
a rule, form, policy, procedure, or decision of the comptroller
until superseded by an act of the comptroller;
(3) a reference in law to the State Council on
Competitive Government means the comptroller;
(4) any action or proceeding before the State Council
on Competitive Government is transferred without change in status
to the comptroller and the comptroller assumes, without a change in
status, the position of the State Council on Competitive Government
in any action or proceeding to which the State Council on
Competitive Government is a party;
(5) all money, contracts, leases, rights, bonds, and
obligations of the State Council on Competitive Government are
transferred to the comptroller;
(6) all personal property, including records, in the
custody of the State Council on Competitive Government becomes the
property of the comptroller; and
(7) all funds appropriated by the legislature to the
State Council on Competitive Government are transferred to the
comptroller.
SECTION 10. This Act takes effect September 1, 2017.