| 1 | 1 | | 87R2938 JCG-F |
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| 2 | 2 | | By: Bonnen H.B. No. 3997 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of certain functions relating to state |
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| 8 | 8 | | employee leave from the state auditor to the comptroller. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 661.151, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 661.151. COMPTROLLER [STATE AUDITOR] INTERPRETATION. |
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| 13 | 13 | | (a) The comptroller [state auditor] shall provide a uniform |
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| 14 | 14 | | interpretation of this chapter [subchapter and Subchapters G and |
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| 15 | 15 | | Z]. |
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| 16 | 16 | | (b) The comptroller [state auditor] shall report to the |
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| 17 | 17 | | governor and the legislature any state agency or institution of |
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| 18 | 18 | | higher education that practices an exception under this chapter |
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| 19 | 19 | | [exceptions to those laws]. |
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| 20 | 20 | | SECTION 2. Section 661.202(j), Government Code, is amended |
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| 21 | 21 | | to read as follows: |
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| 22 | 22 | | (j) A state agency shall maintain a written statement |
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| 23 | 23 | | covering the policies and procedures for an extension of leave |
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| 24 | 24 | | under Subsection (i) and shall make the statement available to all |
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| 25 | 25 | | agency employees. The state agency shall provide a copy of the |
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| 26 | 26 | | statement to the comptroller [state auditor] on request. |
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| 27 | 27 | | SECTION 3. Section 661.9041(c), Government Code, is amended |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (c) The comptroller [state auditor] shall adopt guidelines |
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| 30 | 30 | | to assist state agencies in determining the amount of emergency |
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| 31 | 31 | | leave to grant to an employee under this section as differential |
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| 32 | 32 | | pay. |
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| 33 | 33 | | SECTION 4. Section 661.923(c), Government Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (c) Not later than the last day of each quarter of a state |
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| 36 | 36 | | fiscal year, an agency shall submit a report to the comptroller's |
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| 37 | 37 | | [state auditor's] office and the Legislative Budget Board that |
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| 38 | 38 | | includes the name of each agency employee described by Subsection |
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| 39 | 39 | | (a)(1) who has been granted 168 hours or more of leave under this |
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| 40 | 40 | | section during that fiscal quarter. The report must include, for |
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| 41 | 41 | | each employee, a brief statement as to the reason the employee |
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| 42 | 42 | | remains on leave. |
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| 43 | 43 | | SECTION 5. (a) Not later than September 10, 2021, the |
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| 44 | 44 | | following are transferred from the state auditor to the comptroller |
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| 45 | 45 | | of public accounts: |
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| 46 | 46 | | (1) the powers and duties of the state auditor |
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| 47 | 47 | | relating to leave for state employees under Chapter 661, Government |
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| 48 | 48 | | Code; and |
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| 49 | 49 | | (2) all property and records in the custody of the |
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| 50 | 50 | | state auditor that are related to a power or duty transferred under |
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| 51 | 51 | | this subsection and all funds appropriated by the legislature for |
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| 52 | 52 | | that power or duty. |
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| 53 | 53 | | (b) A rule, form, policy, procedure, or decision of the |
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| 54 | 54 | | state auditor that is related to a power or duty described by |
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| 55 | 55 | | Subsection (a) of this section continues in effect as a rule, form, |
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| 56 | 56 | | policy, procedure, or decision of the comptroller of public |
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| 57 | 57 | | accounts until superseded by an act of the comptroller of public |
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| 58 | 58 | | accounts. |
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| 59 | 59 | | (c) A reference in law or administrative rule to the state |
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| 60 | 60 | | auditor that relates to a power or duty transferred under |
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| 61 | 61 | | Subsection (a) of this section means the comptroller of public |
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| 62 | 62 | | accounts. |
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| 63 | 63 | | SECTION 6. As soon as practicable after the effective date |
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| 64 | 64 | | of this Act, but not later than September 10, 2021, the state |
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| 65 | 65 | | auditor and the comptroller of public accounts shall enter into a |
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| 66 | 66 | | memorandum of understanding that: |
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| 67 | 67 | | (1) identifies in detail the applicable powers and |
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| 68 | 68 | | duties that are transferred by this Act; and |
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| 69 | 69 | | (2) establishes a plan for the identification and |
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| 70 | 70 | | transfer of the records, property, and unspent appropriations of |
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| 71 | 71 | | the state auditor that are used for purposes of the state auditor's |
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| 72 | 72 | | powers and duties that are transferred by this Act. |
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| 73 | 73 | | SECTION 7. This Act takes effect September 1, 2021. |
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