Texas 2017 - 85th Regular

Texas Senate Bill SB706 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell S.B. No. 706
2		-	(Kacal)
	1	+	S.B. No. 706
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the abolishment of the State Council on Competitive
8	6		Government and the transfer of its functions to the comptroller.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 662.0071(a), Government Code, is amended
11	9		to read as follows:
12	10		(a) A state agency shall accept the balance of compensatory
13	11		time accrued under Section 662.007 by a state employee who
14	12		transfers to that agency from another state agency if the employee
15	13		transfers as a direct result of[:
16	14		[(1)] the legislature's transfer of legal authority or
17	15		duties from the agency that formerly employed the employee to the
18	16		agency that currently employs the employee[; or
19	17		[(2) a requirement of the State Council on Competitive
20	18		Government for the agency that formerly employed the employee to
21	19		bid a commercially available service that the agency previously
22	20		performed].
23	21		SECTION 2. Sections 2054.131(b) and (d), Government Code,
24	22		are amended to read as follows:
25	23		(b) If the department [State Council on Competitive
26	24		Government] and the Legislative Budget Board each determine that a
27	25		cost savings may be realized through a private vendor selected
28	26		under this section, the department [State Council on Competitive
29	27		Government] may implement a project that establishes a common
30	28		electronic infrastructure through which each state agency,
31	29		including any retirement system created by statute or by the
32	30		constitution, shall:
33	31		(1) require its work site benefits plan participants
34	32		to electronically:
35	33		(A) enroll in any work site benefits plans
36	34		provided to the person by the state or a state agency;
37	35		(B) add, change, or delete benefits;
38	36		(C) sign any payroll deduction agreements to
39	37		implement a contribution made to a plan in which the participant
40	38		enrolls;
41	39		(D) terminate participation in a voluntary plan;
42	40		(E) initiate account investment changes and
43	41		withdrawals in a retirement plan;
44	42		(F) obtain information regarding plan benefits;
45	43		and
46	44		(G) communicate with the plan administrator; and
47	45		(2) administer its work site benefits plans
48	46		electronically by using the project to:
49	47		(A) enroll new plan participants and, when
50	48		appropriate, terminate plan participation;
51	49		(B) generate eligibility and enrollment reports
52	50		for plan participants;
53	51		(C) link plan administration with payroll
54	52		administration to facilitate payroll deductions for a plan;
55	53		(D) facilitate single-source billing
56	54		arrangements between the agency and a plan provider; and
57	55		(E) transmit and receive information regarding
58	56		the plan.
59	57		(d) If the department [State Council on Competitive
60	58		Government] implements an electronic infrastructure project under
61	59		this section, the department [State Council on Competitive
62	60		Government] shall select and contract with a single private vendor
63	61		to implement the project. The contract must require the
64	62		application of the project to all state agencies without cost to the
65	63		state until the project is initially implemented.
66	64		SECTION 3. Section 2171.104(a), Government Code, is amended
67	65		to read as follows:
68	66		(a) The office of vehicle fleet management[, as directed by
69	67		the State Council on Competitive Government,] shall develop a
70	68		management plan with detailed recommendations for improving the
71	69		administration and operation of the state's vehicle fleet.
72	70		SECTION 4. Section 32.0461, Human Resources Code, is
73	71		amended by amending Subsections (a) and (c) and adding Subsection
74	72		(d) to read as follows:
75	73		(a) The [In consultation and coordination with the State
76	74		Council on Competitive Government, the] commission shall seek
77	75		competitive bids for the claims processing function of the vendor
78	76		drug program.
79	77		(c) The commission may award a contract under this section
80	78		to another person only if the commission determines [department and
81	79		the State Council on Competitive Government determine] that the
82	80		provision of services under that contract would be more
83	81		cost-effective and the time to process claims under the contract
84	82		would be the same as or faster than having employees of the
85	83		commission continue to process claims.
86	84		(d) The commission may consult with the comptroller in
87	85		administering this section.
88	86		SECTION 5. Sections 11.0255(b) and (c), Parks and Wildlife
89	87		Code, are amended to read as follows:
90	88		(b) In calculating the costs under Subsection (a), the
91	89		department[:
92	90		[(1)] shall consider both direct and indirect costs of
93	91		department employees who perform project tasks[; and
94	92		[(2) may use the cost accounting procedures and
95	93		instructions developed by the State Council on Competitive
96	94		Government under Section 2162.102, Government Code].
97	95		(c) On request, the comptroller [State Council on
98	96		Competitive Government] shall provide technical assistance to the
99	97		department[, including assistance with the application of the
100	98		council's cost accounting procedures and instructions].
101	99		SECTION 6. Section 223.042(d), Transportation Code, is
102	100		amended to read as follows:
103	101		(d) The department shall consider all of its direct and
104	102		indirect costs in determining the cost of providing the services.
105	103		[The department shall use the cost accounting procedures and
106	104		instructions developed by the State Council on Competitive
107	105		Government under Section 2162.102(c)(2), Government Code, in
108	106		determining its cost. On request, the State Council on Competitive
109	107		Government shall provide technical assistance to the department
110	108		about the cost accounting procedures and instructions.]
111	109		SECTION 7. The following laws are repealed:
112	110		(1) Section 161.037(b), Agriculture Code;
113	111		(2) Chapter 236, Family Code;
114	112		(3) Section 662.0071(c), Government Code;
115	113		(4) Section 670.003, Government Code;
116	114		(5) Chapter 2162, Government Code;
117	115		(6) Section 2163.001(d), Government Code; and
118	116		(7) Section 11.153(b), Parks and Wildlife Code.
119	117		SECTION 8. (a) On the effective date of this Act, the State
120	118		Council on Competitive Government is abolished.
121	119		(b) The validity of an action taken by or in connection with
122	120		the authority of the State Council on Competitive Government before
123	121		the date the agency is abolished is not affected by the abolition.
124	122		SECTION 9. On the effective date of this Act:
125	123		(1) all powers and duties of the State Council on
126	124		Competitive Government are transferred to the comptroller;
127	125		(2) a rule, form, policy, procedure, or decision of
128	126		the State Council on Competitive Government continues in effect as
129	127		a rule, form, policy, procedure, or decision of the comptroller
130	128		until superseded by an act of the comptroller;
131	129		(3) a reference in law to the State Council on
132	130		Competitive Government means the comptroller;
133	131		(4) any action or proceeding before the State Council
134	132		on Competitive Government is transferred without change in status
135	133		to the comptroller and the comptroller assumes, without a change in
136	134		status, the position of the State Council on Competitive Government
137	135		in any action or proceeding to which the State Council on
138	136		Competitive Government is a party;
139	137		(5) all money, contracts, leases, rights, bonds, and
140	138		obligations of the State Council on Competitive Government are
141	139		transferred to the comptroller;
142	140		(6) all personal property, including records, in the
143	141		custody of the State Council on Competitive Government becomes the
144	142		property of the comptroller; and
145	143		(7) all funds appropriated by the legislature to the
146	144		State Council on Competitive Government are transferred to the
147	145		comptroller.
148	146		SECTION 10. This Act takes effect September 1, 2017.
	147	+	______________________________ ______________________________
	148	+	President of the Senate Speaker of the House
	149	+	I hereby certify that S.B. No. 706 passed the Senate on April
	150	+	4, 2017, by the following vote: Yeas 31, Nays 0.
	151	+	______________________________
	152	+	Secretary of the Senate
	153	+	I hereby certify that S.B. No. 706 passed the House on May 4,
	154	+	2017, by the following vote: Yeas 143, Nays 0, two present not
	155	+	voting.
	156	+	______________________________
	157	+	Chief Clerk of the House
	158	+	Approved:
	159	+	______________________________
	160	+	Date
	161	+	______________________________
	162	+	Governor